Senate Committee on Judiciary (03/26/2012)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON JUDICIARY

Date:	03/26/2012	ATTENDANCE

Time:	01:32 PM to 08:08 PM	Giron	X
		King S.	X
Place:	SupCt	Lundberg	*
		Nicholson	X
This Meeting was called to order by		Roberts	X
	Senator Carroll	Guzman	X
		Carroll	X
This Report was prepared by
	Hillary Smith
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Conf 12-State Board of Parole HB12-1226 HB12-1271		Refer to the Full Senate Referred to Finance Referred to the Committee of the Whole

01:32 PM -- Confirmation of Members to the State Board of Parole

Senator Carroll, chair, called the meeting to order.

Dr. Anthony Young, Ms. Patricia Ann Waak, and Ms. Denise K. Balazic, appointees to the State Board of Parole, came to the table to introduce themselves and to discuss their background and interest in serving on the board. Their appointment letter is available in Attachment A. Ms. Waak discussed training provided to members of the board.

01:38 PM

Senator Nicholson asked the members of the board to comment on rehabilitation for sex offenders. Dr. Young responded to her question. Senator Carroll asked the members to highlight recent efforts of the board. Dr. Young spoke about the number of hearings the board conducts each month and the evidence-based practices and risk assessment tools that the board uses to make its decisions. Ms. Waak shared further remarks concerning full meetings of the board and the use of technology to conduct hearings. Ms. Balazic spoke about the training provided to members of the board.

01:44 PM

Senator S. King asked the appointees to comment on major challenges facing the board. Dr. Young spoke about the limited resources available for parolees. Senator Giron asked for more information concerning the location of the board members' temporary offices. Dr. Young said that the board is currently using temporary office space in Denver provided by the Department of Corrections (DOC). He said that the board's operations remain in Pueblo.

01:49 PM

Senator S. King asked how the board communicates with DOC concerning anti-recidivism and substance abuse programs. Ms. Waak noted that Dr. Young meets with Mr. Tom Clements, the Executive Director of DOC, on a regular basis. She spoke about how the board reviews all of the services affecting parolees. Ms. Balazic shared additional remarks concerning the vocational skills that offenders learn within the DOC.

01:52 PM

Senator Guzman expressed her appreciation for the work of the board. She spoke about past legislation concerning the board.


BILL:	Conf 12-State Board of Parole
TIME:	01:53:39 PM
MOVED:	Guzman
MOTION:	Refer the appointments of Dr. Anthony Young (chair), Ms. Patricia Ann Waak (vice-chair), and Ms. Denise K. Balazic to the State Board of Parole to the full Senate with a favorable recommendation. The motion passed on a vote of 7-0.
SECONDED:
		VOTE
	Giron	Yes
	King S.	Yes
	Lundberg	Yes
	Nicholson	Yes
	Roberts	Yes
	Guzman	Yes
	Carroll	Yes

Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:54 PM -- House Bill 12-1226

Senator Aguilar, sponsor, presented House Bill 12-1226. The bill adds a surcharge to persons who are convicted of statutorily defined crimes against an at-risk adult or at-risk juvenile (including neglect, assault, robbery, serious bodily injury or death, among others) or identity theft when the victim is an at-risk adult or at-risk juvenile. The surcharges vary and range from $75 for a class 3 misdemeanor to $1,500 for a class 2 felony and may be waived by the court. Surcharge revenue is distributed 5 percent to the Judicial Stabilization Cash Fund for administrative costs in the court and 95 percent to the newly created Crimes Against At-Risk Persons Surcharge Fund.

Moneys in the Crimes Against At-Risk Persons Surcharge Fund will be appropriated each year to the Department of Human Services (DHS) for distribution to a non-profit organization serving as a fiscal agent. The DHS is directed to establish guidelines for the distribution of moneys from the fund, reporting procedures for the fiscal agent, and standards for programs that receive moneys. The fiscal agent is authorized to retain a portion of the moneys for training and coordination purposes, with the rest distributed to programs that provide respite services to caregivers.

A program that receives funds must agree to complete a signed agreement and protocol with the fiscal agent, conduct a fingerprint-based criminal history check of staff and providers, and satisfy the performance standards identified by the DHS. The DHS may not expend any moneys until it has enough revenue to cover administrative costs.

01:56 PM

Senator Aguilar discussed the benefits of respite care. Senator Guzman asked for statistics concerning crimes against at-risk persons. Senator Aguilar referred to the analysis included in the fiscal note.

The following individuals testified regarding the bill:

02:01 PM -- Mr. Mac Macsovits, representing himself and the Mile High Down Syndrome Association, testified in support of the bill. He spoke about his children, one of whom has Down syndrome. Mr. Macsovits discussed his experience as the father of a child with Down syndrome and his need for periodic respite care. He explained how families such as his would benefit from the bill. Senator Carroll asked if there is any research concerning how often caregivers need respite care. Senator Aguilar and Mr. Macsovits both responded to her question.

02:06 PM -- Mr. Sam Polizzotto, representing the Colorado Alliance for Retired Americans, testified in support of the bill. He spoke about the vulnerability of senior citizens.

02:08 PM -- Ms. Carol Meredith, representing The Arc of Arapahoe and Douglas Counties, testified in support of the bill. She spoke about her experience as the mother of a son with autism. She spoke about the effects of school vacations on parents of children with developmental disabilities. She said that there is a lack of resources for parents who need respite care. She discussed other states' practices concerning respite care. Senator S. King asked for more detail concerning other states' practices. Ms. Meredith described practices in California and New Mexico.

02:12 PM -- Ms. Lynn Robinson, representing Easter Seals Colorado, testified in support of the bill. She spoke about her experience with the Colorado Respite Coalition, and the Chronic Care Collaborative. She spoke about the mental and physical symptoms experienced by family members who provide long-term care. She said that even a small amount of respite is important to families. Ms. Robinson stated that the bill represents a first step. She distributed written copies of her testimony (Attachment B).

02:19 PM

Senator Aguilar provided closing remarks in favor of the bill. Senator Lundberg expressed his concerns with the funding mechanism established by the bill. Senator Nicholson thanked Senator Aguilar for sponsoring the bill. Senator Roberts explained her position on the bill. She echoed Senator Lundberg's concerns regarding the funding mechanism established by the bill. Senator Carroll expressed her position on the bill.


BILL:	HB12-1226
TIME:	02:23:06 PM
MOVED:	Carroll
MOTION:	Refer House Bill 12-1226 to the Committee on Finance. The motion passed on a vote of 5-2.
SECONDED:
		VOTE
	Giron	Yes
	King S.	Yes
	Lundberg	No
	Nicholson	Yes
	Roberts	No
	Guzman	Yes
	Carroll	Yes

Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:23 PM -- House Bill 12-1271

Senator Giron, co-sponsor, presented House Bill 12-1271. Under current law, juveniles who are at least 14 years old and who are charged with certain serious crimes may be prosecuted in adult court, a process known as direct filing. This bill, as amended by the House Judiciary Committee, raises the minimum age for direct filing to 16. Additionally, it limits the offenses for which a juvenile can be direct filed to class 1 or 2 felonies, violent sex offenses, and crimes of violence committed by prior violent juvenile offenders.

If, after a preliminary hearing, a district (adult) court does not find probable cause for a direct-file-eligible offense, or if such an offense is dismissed at a later date, the court is required to remand the case to the juvenile court. For cases that are direct filed, the juvenile is permitted to file a motion with the district court to transfer his or her case to juvenile court. The district court must hold the reverse-transfer hearing at the same time as the preliminary hearing, at which the district attorney is permitted to respond. The bill provides a list of factors the court must consider when deciding whether to transfer a case to juvenile court.

Finally, convictions for misdemeanor offenses and on charges that are not direct-file-eligible must be remanded to the juvenile court. If a juvenile is sentenced by the juvenile court, his or her conviction will be converted to a juvenile delinquency adjudication, making it subject to the current process for expunging juvenile records.

02:25 PM

Senator Giron spoke about her experience as a youth-development professional. She discussed laws limiting the rights of children. She said that children are less culpable than adults and are more likely than adults to respond to rehabilitation. She said that the practice of direct filing unnecessarily strains families. Senator Giron said that children will continue to be held accountable under the bill. She described current law concerning transfers and direct filing. She walked the committee through the provisions of the bill.

02:32 PM

Senator Neville, co-sponsor, explained his reasons for sponsoring the bill. He spoke about past legislation concerning direct filing. He discussed the balance of power in the criminal justice system. Senator Carroll asked about other states' laws concerning this issue. Senator Giron responded to her question. Senator Neville said that 14 states allow direct file and only 4, including Colorado, do not allow a judge to weigh in on the decision. Senator S. King asked Senator Neville how many direct files occurred in Senator Neville's judicial district. Senator S. King asked if the bill seeks to correct an abuse of power. Senator Neville said there is a potential for an abuse of power. He spoke about the importance of balance in the criminal justice system. Discussion continued between Senator S. King and Senator Neville. Senator S. King asked how judges should be vetted.

02:39 PM

Senator Roberts described her understanding of the use of Colorado's current direct file law. She asked for Senator Neville to explain his position on the current law. Senator Giron shared further remarks concerning crimes for which direct filing has been used. Senator S. King spoke about how those statistics have changed since the passage of reforming legislation in 2010. Senator Neville said that the 2010 legislation was a good first step, but House Bill 12-1271 is a good second step.

02:43 PM

Senator Roberts spoke about the work of the Colorado Commission on Criminal and Juvenile Justice (CCJJ). She asked whether the CCJJ would be a good forum to discuss this issue. Senator Neville responded to her remarks. Senator S. King expressed his concerns with removing local control from cases involving direct filing. Senator Neville responded to his remarks.

02:46 PM

Senator Carroll announced that each witness would be given three minutes to testify, questions not included.

The following individuals testified regarding the bill:

02:47 PM -- Mr. Mitch Morrissey, District Attorney for the 2nd Judicial District, testified in opposition to the bill. He distributed two handouts to the committee (Attachments C and D). He said that the bill endangers public safety. He referred to Attachment D, which is a photograph of a crime committed by a 17-year-old. Senator Carroll spoke about the provisions of the bill concerning petitioning for a reverse-transfer. She asked Mr. Morrissey to comment on other states' laws. Mr. Morrissey responded to her remarks. He spoke about Colorado's history concerning direct filing. He spoke about the use of the Youthful Offender System (YOS) within the Department of Corrections (DOC).

02:55 PM

Senator S. King commented that 38 states, plus Washington, D.C., and the federal government use direct file for certain serious offenses. Senator Carroll asked Mr. Morrissey to comment on when hearings would be appropriate. Mr. Morrissey spoke about legislation enacted in 2010. He said that this bill requires the judge to make a sentencing decision prior to hearing all of the information.

02:58 PM

Senator Roberts asked Mr. Morrissey to explain why he believes that the bill will negatively impact YOS. Mr. Morrissey said that anyone who is direct filed on is eligible for YOS unless he or she is convicted of first degree murder. He said that YOS is a better situation for juvenile offenders than the general population at the adult prison. He said that the YOS system has a low recidivism rate. He compared YOS to sentences at the Division of Youth Corrections (DYC) within the Department of Human Services.

03:01 PM

Senator Carroll discussed concerns that sentences would be too short under the juvenile system. Discussion ensued between Senator Carroll and Mr. Morrissey. Mr. Morrissey said that the individuals in DYC should not be exposed to the types of juveniles who currently reside in YOS. Senator Giron spoke about YOS. She expressed concerns that there is not evidence that YOS is working. Mr. Morrissey responded to her remarks. He said that district attorneys would not send offenders to YOS if it weren't working. He described the benefits of YOS.

03:08 PM

Senator S. King spoke about the recidivism rate of YOS. Senator Roberts sought clarification concerning the difference between DYC and YOS. Senator Roberts spoke about legislation she carried in 2009 concerning the age of eligibility for YOS. She spoke about other legislation concerning this issue. Mr. Morrissey expressed the view that House Bill 10-1413, concerning limitations on juvenile direct files, is working, but hasn't been given enough time to fully operate. Discussion continued between Senator Roberts and Mr. Morrissey concerning the history of direct filing in Colorado. Mr. Morrissey said that this bill will make Colorado the most liberal state when it comes to dealing with violent juvenile offenders.

03:15 PM -- Mr. Alfredo Hernandez, representing the 2nd Judicial District Attorney's Office, testified in opposition to the bill. He expressed the view that the current direct file law is working. He described the benefits of HB 10-1413. Senator Roberts asked for additional detail concerning Mr. Hernandez's job. He said that under current law, there is a 14-day period during which a juvenile offender is not allowed to enter a plea and a district attorney is not allowed to direct file. Mr. Hernandez stated that HB 10-1413 has forced the opposing parties in a case to communicate. Senator Roberts sought additional information concerning the types of cases in which direct filing is used.

03:23 PM

Senator S. King asked Mr. Hernandez for statistics concerning direct filing. Senator Carroll spoke about how the possibility of direct filing shifts the dynamics in plea bargaining. She asked how this bill would change that dynamic. Mr. Hernandez said that the bill will limit the information available to both sides. Discussion continued. Senator S. King asked if there is any opportunity for a district attorney to find out information about a judge's potential to direct file. Senator Carroll spoke about the Judicial Nominating Commission and retention elections. Mr. Hernandez responded to further questions from Senator S. King.

03:28 PM

Senator Guzman spoke about how the bill would affect the YOS. Mr. Hernandez stated that the bill does not allow room for a plea bargain for a sentence to YOS. Senator S. King asked further questions concerning judicial retention. In response to questions from Senator Roberts, Mr. Hernandez listed the reasons that he opposes the bill. He said that the bill does away with the current exchange of information between the defense and the prosecutor.

03:33 PM

Senator Giron said that YOS will still be a sentencing option under the bill.

03:33 PM -- Mr. Michael Dougherty, representing the Office of the Attorney General, testified in opposition to the bill. He said that the age of adulthood in Colorado is 18 years old. He noted that in other states, it is 16 or 17. He expressed the view that the bill would not result in positive change for youth in Colorado. He said that there is not evidence to support the changes made by the bill. He suggested that it would be helpful for the CCJJ to study the bill. Senator Carroll asked what would be the harm in holding a hearing. Mr. Dougherty responded to her question.

03:41 PM

Senator Carroll asked how to keep a decision to direct file from becoming a political question, given that district attorneys are elected. Mr. Dougherty said that the mission of a prosecutor is to do justice in every case. He said that district attorneys already utilize discretion when making decisions concerning direct filing. Discussion continued.

03:45 PM

Senator Lundberg spoke about the system of plea bargains in Colorado. He referred to a recent U.S. Supreme Court case on the subject of plea bargains. Mr. Dougherty responded to his question. Senator Lundberg expressed his concerns with the current system. Discussion continued.

03:51 PM

Senator Roberts asked what sort of oath district attorneys swear to when they take office. She expressed concerns with how district attorneys are represented in some statements in support of the bill. She noted that district attorneys are elected. Senator S. King spoke about statistics concerning the use of direct file. Conversation continued, with Senator Roberts weighing in as well.

03:55 PM

Senator Lundberg clarified that he has concerns that the current system may encourage prosecutors to exaggerate charges to use as leverage during the plea bargaining process.

03:56 PM -- Mr. Scott Storey, District Attorney for the 1st Judicial District, testified in opposition to the bill. He agreed that the job of a district attorney is to pursue justice. He discussed the use of plea bargains. He concluded his remarks by saying that the state of Colorado has failed juveniles. He said that it is important to be proactive rather than reactive. Mr. Storey responded to questions from Senator Carroll concerning the purpose of the hearing established by the bill.

04:04 PM

Senator S. King asked whether the hearing established by the bill will start the adversarial process and stop the current process of communication. Mr. Storey responded to his question. Senator S. King asked for statistics from Mr. Storey concerning direct file cases in the 1st Judicial District. Mr. Storey responded to additional questions from Senator Roberts. He expressed the view that if the public knew what types of cases were being direct filed, there would not be interest in changing the system.

04:11 PM

Senator Lundberg noted that he was a sponsor of HB 10-1413. He discussed negotiations concerning that bill. He asked for information concerning the use of plea bargains in direct file cases. Discussion continued between Senator Lundberg and Mr. Storey. Mr. Storey spoke about the difference between charging and prosecuting a case.

04:17 PM -- Dr. Benjamin Steiner, representing himself, testified regarding the bill. He spoke about his experience researching juvenile transfer laws. He summarized other states' laws concerning this issue. He discussed the deterrent effects of direct file laws, stating that the laws have no effect on violent juvenile crime. Dr. Steiner responded to questions from Senator Carroll concerning his position on the bill. Dr. Steiner spoke about the possibility that direct file laws hurt public safety because juveniles who are detained in adult facilities may be more likely to reoffend. Dr. Steiner continued to respond to questions from Senator Carroll.

04:25 PM

Senator Roberts spoke about the use of YOS. She asked if Dr. Steiner has done any research concerning the YOS. Dr. Steiner responded that he had not. Discussion continued between Senator Roberts and Dr. Steiner.

04:29 PM

Senator Giron sought clarification concerning Dr. Steiner's research. Dr. Steiner stated that his research predates the introduction of YOS. He spoke about violent crime rates in states close to Colorado. Senator Roberts spoke about the opposition of district attorneys to this bill. Dr. Steiner responded to her question, noting that there has been a decrease in violent crime, but stating that the decrease is not a result of direct filing laws.

04:33 PM

Senator S. King spoke about the recidivism rate of YOS. Dr. Steiner responded, stating that his testimony relates to the overall crime rate. Senator Guzman asked if judges would be able to sentence juvenile offenders to YOS under the bill.

04:35 PM -- Mr. Dan May, District Attorney for the 4th Judicial District, testified in opposition to the bill. He distributed three handouts to the committee (Attachments E, F, and G). He walked the committee through his handouts, which provide statistics concerning juvenile crime rates. He spoke about recidivism rates for offenders confined in DYC, DOC, and YOS. Senator Carroll asked why YOS is affected by the bill. Mr. May directed the committee's attention to information in Attachment G. He indicated that all of the offenders in YOS have been direct filed. He expressed his opinion that judges will not transfer juvenile offenders to adult court, which will lead to no individuals being sentenced to the YOS.

04:45 PM

In response to questions from the committee, Mr. May discussed the reasons he believes the fiscal note is inaccurate. He talked about the successes of YOS. Senator S. King asked for an explanation of the process of a transfer hearing. Senator Carroll asked for clarification about the combination of the probable cause and transfer hearings. She also asked for information about the annual number of direct file cases charged in the 4th Judicial District.

04:55 PM

Mr. May responded to questions from Senator S. King concerning the average charge per day for an expert to testify on the development of a juvenile's brain. Senator Giron spoke about how the YOS defines recidivism. She compared this definition to the definition used by DYC. Discussion ensued between Mr. May and Senator Giron.

05:02 PM -- Mr. Jose Silva, representing himself, testified regarding the bill. He spoke about his experience working at YOS. He said that he witnessed a murder at a young age. He discussed the importance of rehabilitation. He stated that the bill is about giving young people an opportunity to have a chance to live. Mr. Silva responded to questions from Senator Carroll and Senator S. King. Senator S. King asked for clarification concerning where Mr. Silva found data indicating that district attorneys are paid based on conviction rates. Mr. Silva responded to additional questions from Senator Roberts.

05:11 PM -- Texas State Representative Jerry Madden, representing himself and Right on Crime, testified regarding the bill. He discussed his experience with Right on Crime. He spoke about Texas laws concerning this issue. Senator Carroll asked if Right on Crime takes any position concerning direct filing. Discussion continued between Senator Carroll and Representative Madden. Senator S. King asked how often judges are elected in Texas. Representative Madden said that nationally, the juvenile crime rate has been decreasing since 1992 or 1993.

05:23 PM -- Mr. Don Quick, District Attorney for the 17th Judicial District, testified in opposition to the bill. He distributed a packet of information to the committee (Attachment H). He briefly summarized the reasons that he opposes the bill. He spoke about the population of offenders in YOS. Senator Roberts asked for Mr. Quick to comment on the value of YOS. Mr. Quick noted that YOS publishes an annual report providing various statistics.

05:33 PM

Senator S. King spoke about the fiscal note for the bill. He expressed surprised that the hearing, which will entail expert witnesses, will not lead to increased costs. Mr. Quick estimated that transfer hearings may take up to a week. Senator Roberts noted that Mr. Quick is a member of CCJJ. She asked whether the CCJJ would be an appropriate forum to study this issue. Mr. Quick spoke about his ideas concerning ways to reward juvenile offenders who succeed at YOS.

05:36 PM -- Ms. Sue Powers, representing herself, testified regarding the bill. She spoke about her grandson, who shot someone under the impression that this person had raped his girlfriend. She said that her grandson turned himself into the police and was charged as an adult. She described how her grandson responded to his confinement in county jail. Ms. Powers responded to questions from Senator Guzman.

05:44 PM -- Ms. Kim Dvorchak, representing the Colorado Juvenile Defender Coalition, testified in support of the bill. She distributed a packet of information to the committee (Attachment I). She walked the committee through the information in the packet. Ms. Dvorchak responded to questions from Senator S. King concerning the transfer hearings established by the bill. Discussion then turned to whether it would be considered ineffective counsel if a defense attorney did not request a hearing for a juvenile subject to direct filing.

05:51 PM

Senator Roberts asked Ms. Dvorchak to explain her concerns about YOS. Ms. Dvorchak responded to her questions. She spoke about independent evaluations concerning YOS. Discussion continued on the subject of YOS.

05:56 PM -- Judge Karen Ashby, representing herself, testified regarding the bill. She distributed a packet of information to the committee (Attachment J). She responded to previous testimony concerning whether the bill will endanger public safety. She discussed the various ways in which judges are evaluated and held accountable for their decisions. She spoke about the qualifications of judges. She noted that many judges were once prosecutors. Senator Carroll sought additional information concerning the criteria that a judge uses when deciding whether to transfer a case. Discussion ensued between Judge Ashby and Senator Carroll concerning how the bill might affect communication between the prosecution and the defense. Judge Ashby noted that delinquency hearings are public.

06:07 PM

Senator S. King asked what information should be presented to a judge at a reverse-transfer hearing. Conversation ensued between Judge Ashby and Senator S. King.

06:10 PM -- Mr. Tony Pigford, representing Engage 8, testified in support of the bill. He addressed arguments in opposition to the bill.

06:16 PM -- Mr. Tom Raynes, representing the Colorado District Attorneys' Council, testified in opposition to the bill. He spoke about practices in other states. He noted that the age of adulthood is below the age of 18 in several states. Senator S. King asked about the potential cost of a reverse transfer hearing. Mr. Raynes discussed the potential that more cases would be direct filed because a judge would now have the final say. Discussion continued between Senator S. King and Mr. Raynes.

06:22 PM -- Ms. Nancy Lewis, representing the Colorado Organization for Victim Assistance, testified in opposition to the bill. She discussed how the bill would affect YOS. She said that sentences to YOS must be delivered in adult court. Senator Carroll asked if giving juvenile court the option to sentence a juvenile to YOS would alleviate some concerns with the bill. Senator Guzman sought further clarification on this point.

06:28 PM

Judge Ashby returned to the table to respond to questions concerning the sentencing options available to judges in juvenile court. In response to questions from Senator Carroll, Judge Ashby spoke about her work with the National Council of Family and Juvenile Court Judges.

06:31 PM -- Dr. Lisa Pasko, representing herself and the Colorado Coalition for Girls, testified in support of the bill. She said that YOS does not have appropriate programs or facilities for female offenders. She said that YOS has not been independently evaluated in many years. Dr. Pasko responded to follow-up questions from Senator Carroll.

06:38 PM

Senator Roberts spoke about her experience meeting female offenders who were incarcerated at YOS. Dr. Pasko shared remarks concerning why her results may have differed from information given to Senator Roberts. In response to Senator Carroll, Dr. Pasko explained how the recreational opportunities available to female offenders at YOS differ from those available to male offenders. Senator Roberts noted that there will not be enough women to field a sports team at YOS. Dr. Pasko shared additional remarks concerning possible Title IX infractions at YOS.

06:42 PM -- Mr. Mike Krause, representing the Independence Institute, testified in support of the bill. He distributed a joint letter from the Independence Institute and Right on Crime to the committee (Attachment K). Mr. Krause responded to questions from Senator Roberts concerning giving power to a branch of government consisting of officials that are not elected. Senator S. King asked Mr. Krause to comment on the potential fiscal impact of the bill. Senator Carroll and Senator Roberts weighed in as well.

06:53 PM

Mr. Krause continued to respond to committee questions.

06:57 PM -- Ms. Angie Garza, representing herself, testified in support of the bill. She spoke about her daughter, who is serving time at YOS. She spoke about her daughter's mental health history. She discussed how her daughter's criminal record will limit her ability to live a normal life. Ms. Garza responded to questions from Senator Carroll.

07:02 PM -- Mr. Dan Schoen, representing the Colorado Criminal Defense Bar, testified in support of the bill. He provided several examples of direct file cases and noted that those cases were filed after HB 10-1413 went into effect. Mr. Schoen responded to questions from Senator Carroll. He expressed his concerns with YOS. He expressed support for earlier ideas from Mr. May.

07:08 PM -- Mr. Michael Lott-Manier, representing Mental Health America of Colorado, testified in support of the bill. Mr. Lott-Manier spoke about the prevalence of serious mental health disorders in juveniles who commit serious crimes. He indicated that youth with mental illness need treatment, rather than the YOS environment. Mr. Lott-Manier responded to questions from the committee.

07:15 PM

Senator Roberts spoke about recent changes to the direct file law.

07:19 PM -- Ms. Sharletta Evans, representing herself, testified in support of the bill. She explained that she lost her 3-year-old son to a drive-by shooting committed by two 14-year-olds and a 15-year-old. She explained that she was in a very vulnerable situation after losing her son, and she agreed with the district attorney's decision to seek life sentences for the perpetrators. She explained that she now believes that those offenders should have gone to juvenile court. Ms. Evans responded to questions from Senator Carroll. Ms. Evans said that there is a benefit to a second opinion.

07:26 PM -- Ms. Deborah Sampson, representing the Colorado Interfaith Voices for Justice, testified in support of the bill. She indicated that the majority of juvenile offenders who are direct filed on are poor or who are members of a minority class. She said that the bill will not make a juvenile offender any less accountable for his or her crimes, but will make the criminal justice system more accountable. Senator Lundberg responded to her testimony.

07:31 PM -- Mr. Mark Ivandick, representing The Legal Center for People with Disabilities and Older People, testified in support of the bill. He referred to statistics indicating that 66.3 percent of offenders in YOS need mental health treatment. Mr. Ivandick stated that he supports the bill because it allows for judicial review of juvenile criminal cases.

07:34 PM -- Ms. DeAnn Major, representing Advocacy Denver, testified in support of the bill. She expressed her concerns with how the current system operates.

07:37 PM

Ms. Dvorchak returned to the table to answer questions from the committee. She stated that if a case is moved to the juvenile court system, the judge cannot impose a sentence to YOS. She then discussed how the possibility of direct filing may affect the plea bargaining process. She summarized the sentencing options for juvenile offenders, and how those options would be affected if Senate Bill 12-028, concerning aggravated juvenile offenders, were to pass.

07:42 PM

Senator S. King spoke about sentencing options available under the current system. Discussion ensued between Ms. Dvorchak and Senator S. King. Senator Guzman asked for Ms. Dvorchak's comments on the fiscal note for the bill. Ms. Dvorchak noted that lawyers are paid less for cases in juvenile court.

07:46 PM

Senator Giron provided closing comments in favor of the bill. She spoke about the fiscal note for the bill. Senator Neville shared additional closing remarks. He said that the bill concerns accountability and due process. He responded to arguments offered by opponents of the bill.

07:54 PM

Senator S. King discussed prepared Amendment L.014 (Attachment L). Senator Giron expressed her position on the amendment. Senator Neville expressed his opposition to the amendment. Senator Carroll weighed in as well. Senator Roberts responded to Senator Carroll's remarks. Discussion continued.


BILL:	HB12-1271
TIME:	07:58:38 PM
MOVED:	King S.
MOTION:	Adopt prepared Amendment L.014 (Attachment L). The motion failed on a vote of 2-5.
SECONDED:
		VOTE
	Giron	No
	King S.	Yes
	Lundberg	No
	Nicholson	No
	Roberts	Yes
	Guzman	No
	Carroll	No

YES: 2 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL

07:59 PM

Senator S. King expressed the view that the bill will lead to a two-tiered system and could lead to criminals using juveniles to commit serious crimes. Senator Guzman discussed her position on the bill. Senator Carroll expressed her position on the bill.


BILL:	HB12-1271
TIME:	08:06:06 PM
MOVED:	Giron
MOTION:	Refer House Bill 12-1271 to the Committee of the Whole. The motion passed on a vote of 5-2.
SECONDED:
		VOTE
	Giron	Yes
	King S.	No
	Lundberg	Yes
	Nicholson	Yes
	Roberts	No
	Guzman	Yes
	Carroll	Yes

Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

08:08 PM

The committee adjourned.