Date: 04/23/2013

Final
BILL SUMMARY for SB13-216

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Refer Senate Bill 13-216 to the Committee of the WPASS



01:37 PM -- Senate Bill 13-216

Representative Kagan announced a change to the order of the bills.

Representative Rosenthal, sponsor, presented Senate Bill 13-216. This bill recreates and reenacts the section of law pertaining to the eligibility of young adult offenders (those who are 18 or 19 at the time the offense is committed, but less than 21 years old at the time of sentencing) for sentencing to the Youthful Offender System (YOS) in the Department of Corrections (DOC). Most sex offenders and most individuals convicted of class 1 and 2 felonies are excluded.

The bill requires the DOC, on or before August 1, 2013, to implement policies pursuant to the federal Prison Rape Elimination Act to ensure compliance with certain provisions relating to youthful offenders. On or before October 1, 2013, and each October 1 thereafter, the DOC is required to report to the House and Senate Judiciary Committees concerning the implementation of the new policies within the YOS.

Background. The YOS is a sentencing option for certain juveniles who are charged as adults that exists between the traditional adult prison system and the Division of Youth Corrections, Department of Human Services. The YOS is an intensively structured program within the DOC that provides services and treatment to juvenile offenders during incarceration, as well as the transition back to the community. The length of stay for an offender in the YOS is anywhere between two and seven years, depending on the severity of the crime committed, and the number of beds is capped by law and the physical limitations of the facility at 256. The section of law concerning young adult offenders in the YOS was originally enacted in 2009, and was repealed effective October 1, 2012.

01:43 PM -- Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill. Ms. Ackerman discussed the sunset provision in the 2009 bill. She responded to questions from the committee.

01:46 PM -- Christina Everist and Warden Steve Hager, representing the DOC, testified in support of the bill. Ms. Everist explained what the bill does and stated that the practice of housing offenders who are 18 and 19 years of age in the YOS has been a success. Warden Hager discussed the benefits of the YOS, both to youthful offenders and to the public. He stated that the 2009 bill was allowed to sunset through an oversight and this bill would correct that oversight. In response to questions from Representative Lee, Warden Hager talked about measures of success for the YOS. The committee discussed recidivism and the age of the youthful offenders in the YOS.

01:55 PM -- Kim Dvorchak, representing the Colorado Juvenile Defender Coalition, testified in support of the bill. Ms. Dvorchak spoke about the importance of increasing the number of sentencing options for young offenders. She discussed the federal Prison Rape Elimination Act.
BILL:SB13-216
TIME: 01:58:55 PM
MOVED:Court
MOTION:Refer Senate Bill 13-216 to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED:Salazar
VOTE
Buckner
Yes
Court
Yes
Gardner
Yes
Lawrence
Yes
McLachlan
Yes
Murray
Yes
Pettersen
Yes
Salazar
Yes
Wright
Yes
Lee
Yes
Kagan
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS