Date: 02/14/2012

Final
BILL SUMMARY for HB12-1139

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Refer House Bill 12-1139 to the Committee of the WPASS



01:34 PM -- House Bill 12-1139

The committee came back to order.

Representative Levy, prime sponsor, presented House Bill 12-1139 concerning pretrial detention of children prosecuted as adults. The bill changes the presumption in current law that juveniles who are charged as adults, a process known as direct filing, be detained pending a trial in an adult jail facility. Under the bill, such juvenile defendants are required to be held in a juvenile facility unless a judge determines, after a hearing, that the appropriate place of confinement is an adult jail. The bill lists a number of factors the court must consider when making such a determination. The court's decision to place a juvenile defendant in an adult facility is subject to review by the court, upon the filing of a petition by the juvenile.

The Division of Youth Corrections (DYC) in the Department of Human Services may petition the court to move a juvenile, who is being held in a juvenile detention facility, to an adult facility in a case where the juvenile detention placement presents an imminent danger to others.

01:39 PM -- Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill. Ms. Ackerman stated that sheriffs do not want children in county jails for reasons of cost, safety, and logistics.

01:41 PM -- Bonnie Ennis, representing herself, testified in support of the bill. Ms. Ennis spoke about her academic work in the area of social work. She discussed the number of juveniles housed in county jails under current law and about adolescent brain development.

01:44 PM -- Bridget Klauber, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Klauber spoke about her experience as a public defender representing juvenile direct file defendants. She responded to questions from the committee about solitary confinement of juveniles in county jails.

01:47 PM -- DeAnn Major, representing Advocacy Denver, testified in support of the bill. Ms. Major spoke about her experience with the mental decompensation of juveniles held in solitary confinement in adult jails.

01:49 PM -- Dr. Skip Barber, representing the Colorado Association of Family and Children's Agencies, testified in support of the bill. Dr. Barber spoke about the treatment of juveniles in adult jails. He stressed that these juveniles are innocent until proven guilty. He responded to questions from the committee.

01:52 PM -- Kim Dvorchak, representing the Colorado Juvenile Defender Coalition, testified in support of the bill. Ms. Dvorchak distributed the written testimony of Nicole Miera, the sister of a young man who committed suicide while in an adult jail (Attachment B). Ms. Dvorchak spoke about other juvenile suicides in adult jails.

01:55 PM -- Tamar Wilson, representing the Colorado District Attorneys' Council, testified in support of the bill. Ms. Wilson stated that the Attorney General also supports the bill.


01:56 PM

Representative Levy wrapped up her presentation of the bill and asked for a favorable recommendation. Members of the committee commented about their positions on the bill.
BILL:HB12-1139
TIME: 01:59:41 PM
MOVED:Nikkel
MOTION:Refer House Bill 12-1139 to the Committee of the Whole. The motion passed on a vote of 10-0, with 1 excused.
SECONDED:Ryden
VOTE
DelGrosso
Yes
Duran
Excused
Kagan
Yes
Lee
Yes
Nikkel
Yes
Pabon
Yes
Ryden
Yes
Sonnenberg
Yes
Waller
Yes
Barker
Yes
Gardner B.
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS