Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:03/14/2013
ATTENDANCE
Time:01:39 PM to 05:54 PM
Buckner
X
Court
X
Place:HCR 0112
Gardner
*
Lawrence
X
This Meeting was called to order by
McLachlan
X
Representative Kagan
Murray
X
Pettersen
X
This Report was prepared by
Salazar
X
Jessika Shipley
Wright
X
Lee
X
Kagan
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB13-116
SB13-007
SB13-023
HB13-1082		Referred to the Committee of the Whole
Amended, Referred to Appropriations
Referred to the Committee of the Whole
Witness Testimony and/or Committee Discussion Only


01:40 PM -- Senate Bill 13-116

Representative Lee, sponsor, presented Senate Bill 13-116, concerning the authority of forensic psychologists to conduct mental health evaluations. The bill authorizes licensed psychologists who have a certification in forensic psychology to perform mental health evaluations to determine a criminal defendant's sanity or impaired mental condition if appointed by the courts. Under current law, psychologists may only be appointed to assist a psychiatrist in performing such evaluations.

Representative Lee announced that the Colorado District Attorneys' Council and the Colorado Criminal Defense Bar support the bill.

01:43 PM -- Dr. Rick Ginsberg, representing the Colorado Psychological Association, testified in support of the bill. Dr. Ginsberg discussed the process of drafting the bill. He spoke about the process of conducting sanity evaluations under current law and how that process would change if the bill becomes law. He stated that forensic psychologists can currently perform competency evaluations and commented about the training required for an individual to become a forensic psychologist. Dr. Ginsberg indicated that only four other states mandate that a psychiatrist conduct sanity evaluations.

01:48 PM -- Dr. Richard Martinez, representing the Colorado Psychiatric Society, testified in support of the bill. Dr. Martinez spoke about his professional credentials and experience. He discussed the training required to become a forensic psychiatrist or psychologist. He talked about the number of sanity evaluations conducted in Colorado each year and how many of those evaluations conclude in a not guilty by reason of insanity plea.










01:51 PM -- Dr. Nicole Kitei, representing the Task Force for the Continuing Examination of Persons with Mental Illness who are Involved in the Criminal and Juvenile Justice System, testified in support of the bill. Dr. Kitei discussed the accreditation process for forensic psychiatrists and psychologists. She expressed her opinion that expanding the pool of qualified evaluators will decrease the amount of time defendants spend awaiting trial.

01:55 PM -- Dr. B. Thomas Gray, representing the Colorado Psychological Association, testified in support of the bill. Dr. Gray spoke about his professional background. He discussed the shrinking pool of qualified psychiatrists who are willing to conduct sanity evaluations.

02:01 PM -- Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill.
BILL:SB13-116
TIME: 02:02:46 PM
MOVED:Lee
MOTION:Refer Senate Bill 13-116 to the Committee of the Whole. The motion passed on a vote of 10-0, with 1 excused.
SECONDED:Wright
VOTE
Buckner
Yes
Court
Yes
Gardner
Excused
Lawrence
Yes
McLachlan
Yes
Murray
Yes
Pettersen
Yes
Salazar
Yes
Wright
Yes
Lee
Yes
Kagan
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


02:04 PM

The committee took a brief recess.


02:07 PM -- Senate Bill 13-007

The committee returned to order.

Representative Waller, sponsor, presented Senate Bill 13-007. This bill eliminates the repeal date of the Colorado Commission on Criminal and Juvenile Justice (CCJJ).






Background. The CCJJ was established in 2007 to engage in an evidence-based analysis of the criminal justice system in Colorado and to report annually to the Governor, the General Assembly, and the Chief Justice of the Colorado Supreme Court. The commission consists of 26 voting members and one nonvoting member appointed from various executive branch agencies, the judicial branch, the legislative branch, criminal justice entities, and the public at large. Members of the commission serve without compensation. The CCJJ is staffed by the Division of Criminal Justice (DCJ) within the Colorado Department of Public Safety. It is currently set to repeal on July 1, 2013.

Representative Waller addressed prepared amendment L.007 (Attachment A), which adds a repeal date of July 1, 2018, to the bill. Members of the committee commented about the benefits of the CCJJ.

13HseJud0314AttachA.pdf13HseJud0314AttachA.pdf

02:10 PM -- Jim Davis, representing the Department of Public Safety, testified in support of the bill. Mr. Davis spoke about his experience as the chair of the CCJJ.

02:11 PM -- Lacey Berumen, representing the Federation of Families, testified in support of the bill.

02:13 PM -- Doug Wilson, representing the Office of the State Public Defender, testified in support of the bill. Mr. Wilson spoke about the work of the CCJJ.

02:15 PM -- Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill.



























BILL:SB13-007
TIME: 02:16:06 PM
MOVED:Murray
MOTION:Adopt amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:Court
VOTE
Buckner
Court
Gardner
Excused
Lawrence
McLachlan
Murray
Pettersen
Salazar
Wright
Lee
Kagan
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

BILL:SB13-007
TIME: 02:17:11 PM
MOVED:Court
MOTION:Refer Senate Bill 13-007, as amended, to the Committee on Appropriations. The motion passed on a vote of 10-0.
SECONDED:Lawrence
VOTE
Buckner
Yes
Court
Yes
Gardner
Excused
Lawrence
Yes
McLachlan
Yes
Murray
Yes
Pettersen
Yes
Salazar
Yes
Wright
Yes
Lee
Yes
Kagan
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS







02:18 PM

The committee took a brief recess.


02:23 PM -- Senate Bill 13-023

The committee returned to order.

Representative Levy, sponsor, presented Senate Bill 13-023. The bill increases the damages limitation cap under the Colorado Governmental Immunity Act (CGIA) to $478,000 for the claim on an individual party and a total recovery of $990,000 for any single occurrence. Under the bill, these amounts are exclusive of interest, which may be awarded in addition to the amounts noted above. Current law caps damage recoveries at $150,000 for the claim on any individual party and a total recovery of $600,000 for any single occurrence, and does not allow for interest.

The proposed caps represent an inflation adjustment from the last times that the amounts were adjusted in 1979 and 1992. Beginning January 1, 2018, and every four years thereafter, the Attorney General is required to adjust the caps based on the Consumer Price Index for Denver-Boulder-Greeley. The adjusted amounts are to be published on the Attorney General's web site.

Background. Under current law, state and local government agencies in Colorado may defend negligence and other tort claims on the basis of limited immunity under the CGIA. Claims are made in the areas of general liability, automobile liability, and medical liability. As a matter of practice, some entities purchase excess insurance (surplus line) to cover damage awards that exceed primary coverage. For example, Adams State College maintains per occurrence and aggregate liability coverage of $1.0 million and $2.0 million, respectively.

Claims against the state may be compromised or settled by the State Claims Board (SCB). The SCB consists of the State Treasurer, the Attorney General, and the executive director of the Department of Personnel and Administration (DPA). The SCB may settle claims against the state and its agencies only to the limits established in the CGIA, which settlements are paid from the Risk Management Fund maintained by the DPA (also referenced as the state self-funded liability fund).

The Department of Law reported at its 2012 Joint Budget Committee (JBC) hearing that it keeps records of State Claims Board settlements for six years, and that 47 matters were settled with payments from the Risk Management Fund from 2006 to 2012. The report did not specify the number of settlements that involved multiple parties. Within the overall caseload of risk management claims, 0 to 4 percent of claims paid were awarded by the SCB during that time period.

Over the past 20 years there has been one settlement at the per occurrence cap of $600,000. There is a pending per occurrence cap claim that relates to the 2012 Lower North Fork Wildfire. In each of the last three fiscal years there was one claim paid at the individual cap of $150,000. While the number of claims filed during the last five years was relatively constant, the average claim paid varied from a low of $2,099 in FY 2011-12, to a high of $11,186 in FY 2010-11.

02:27 PM -- Geoff Wilson, representing the Colorado Municipal League, the Colorado Association of School Boards, the Special Districts Association, and Colorado Counties, Inc., testified in support of the bill. Mr. Wilson spoke about the discussions and compromise that went into drafting the bill. He responded to questions from the committee.








02:33 PM -- Maureen Ryan, representing herself, testified in support of the bill. Ms. Ryan spoke about the history of sovereign immunity in Colorado. She discussed the difficulties she faced in bringing a claim under the CGIA after her son's death in a skiing accident in Steamboat Springs.


02:44 PM

Ms. Ryan responded to questions from the committee about her case.


02:52 PM

Committee discussion continued regarding Ms. Ryan's case.

02:55 PM -- Scott Appel, representing himself, testified in support of the bill. Mr. Appel spoke about his experience as a victim of the Lower North Fork Wildfire. He expressed frustration with the CGIA claims process.


03:05 PM

Mr. Appel continued to discuss the circumstances of the Lower North Fork Wildfire. He responded to questions from the committee.
BILL:SB13-023
TIME: 03:22:47 PM
MOVED:Gardner
MOTION:Refer Senate Bill 13-023 to the Committee of the Whole. The motion passed on a vote of 10-0, with 1 excused.
SECONDED:Lawrence
VOTE
Buckner
Yes
Court
Yes
Gardner
Yes
Lawrence
Yes
McLachlan
Yes
Murray
Yes
Pettersen
Yes
Salazar
Yes
Wright
Yes
Lee
Excused
Kagan
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS








03:23 PM -- House Bill 13-1082

The committee took a brief recess.


03:32 PM

The committee returned to order.

Representative Labuda, prime sponsor, presented House Bill 13-1082, concerning juvenile delinquency records. This bill, as amended by strike-below amendment L.001 (Attachment B), clarifies the procedure for petitioning the court for the expungement of juvenile delinquency records. It addresses, among other things, the proper timing for advisements of the right to petition for expungement and who may initiate expungement proceedings.

13HseJud0314AttachB.pdf13HseJud0314AttachB.pdf

Current law allows the court to expunge all juvenile records unless the juvenile has been convicted of or adjudicated for a new felony or misdemeanor since the juvenile was released from the court's jurisdiction or parole supervision for the original offense. This bill allows the court to expunge all records in a petitioner's case even if they have a new misdemeanor conviction, provided the new offense does not involve domestic violence, unlawful sexual behavior, or possession of a weapon. Juvenile arrest and criminal records are open to the public only for juveniles who were subject to a probation revocation petition for committing:

Certain juvenile offenders who are not currently eligible to petition for expungement, namely any person adjudicated as an aggravated or violent juvenile offender, or any person who commits a crime of violence or an offense involving unlawful sexual behavior, are made eligible by the bill. New eligibility requirements and timing for an expungement petition are established.

The committee agreed to discuss strike-below amendment L.001 as the bill. Representative Labuda addressed prepared amendments L.003 and L.004 (Attachments C and D). She responded to questions and concerns from the committee.

13HseJud0314AttachC.pdf13HseJud0314AttachC.pdf 13HseJud0314AttachD.pdf13HseJud0314AttachD.pdf












03:39 PM -- Maureen Cain, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Cain spoke about her professional experience with juvenile offenders. She explained the major provisions of the bill in detail.


03:49 PM

Ms. Cain addressed prepared amendments L.002 and L.005 (Attachments E and F). She continued to explain the expungement provisions of the bill.

13HseJud0314AttachE.pdf13HseJud0314AttachE.pdf 13HseJud0314AttachF.pdf13HseJud0314AttachF.pdf

03:54 PM

Ms. Cain moved on to an explanation of the public access provisions of the bill. She responded to questions from the committee.

04:04 PM -- Andrew Kramer, representing himself, testified in support of the bill. Mr. Kramer spoke about his experience as a juvenile offender and expressed frustration with the difficulties he has faced in expunging his juvenile record.


04:18 PM

The committee questioned Mr. Kramer and Ms. Cain about how the bill would change Mr. Kramer's situation.

04:20 PM -- David Horton, representing himself, testified in support of the bill. Mr. Horton spoke about his experience as a juvenile offender and discussed the difficulties he has faced in expunging his juvenile record.

04:25 PM -- Tom Leversee, representing himself, testified in support of the bill. Mr. Leversee discussed his professional experience and credentials as a member of the Sex Offender Management Board who provides sex offender treatment to juvenile sex offenders. He talked about juvenile recidivism, differences between adolescent and adult development, and potential unintended consequences of the bill. He provided a handout about juvenile recidivism (Attachment G) and explained the data contained in the handout. He stated that policies for sex offenders have created unintended consequences, including difficulty in reintegrating sex offenders into society. He noted that social isolation increases the risk of sex offenders to reoffend. Mr. Leversee responded to questions from the committee.

13HseJud0314AttachG.pdf13HseJud0314AttachG.pdf











04:41 PM

Ms. Cain returned to the table to respond to questions from the committee about the expungement of records of juveniles who have committed sex offenses.


04:46 PM

Mr. Leversee responded to additional questions from the committee.

04:50 PM -- John Riley, representing the Colorado Criminal Justice Reform Coalition, testified in support of the bill. Mr. Riley discussed the mistakes juveniles make as a result of their adolescent brains and the collateral consequences of those mistakes. He expressed his opinion about the danger posed to society by most juvenile offenders.

04:56 PM -- Daniel Beckler-Riley, representing himself, testified in support of the bill. Mr. Beckler-Riley spoke about his experience as a juvenile offender. He expressed his desire to move on and improve his life.

05:00 PM -- Pat Vance, representing Mr. Beckler-Riley, responded to questions from the committee about Mr. Beckler-Riley's case.

05:09 PM -- Kim Dvorchak, representing Colorado Juvenile Defender Coalition, testified in support of the bill. Ms. Dvorchak spoke about the collateral consequences of juvenile records. She responded to questions from the committee.

05:14 PM -- Denise Maes, representing the American Civil Liberties Union (ACLU) of Colorado, testified in support of the bill.

05:17 PM -- Carla Bennett, representing the Colorado League of Women Voters, testified in support of the bill. Ms. Bennett spoke about her experience as the parent of two juvenile offenders.


05:22 PM

Representative Labuda stated that the Federation of Families supports the bill.

05:22 PM -- Arnold Hanuman, representing the Colorado District Attorneys' Council (CDAC), testified in opposition to the bill. Mr. Hanuman provided information about his professional background. He qualified that the CDAC is in opposition to the bill, but amendments are still being explored. He indicated that the bill opens the expungement process too much. He compared the practical effects of sealing adult criminal records and expunging juvenile delinquency records. He discussed offenses that would not be appropriate for expungement.












05:31 PM

Mr. Hanuman responded to questions from the committee about the ongoing negotiations about the bill.

05:40 PM -- Greg Romberg, representing the Colorado Press Association and the Colorado Broadcasters Association, testified in opposition to section 2 of amendment L.001. Mr. Romberg responded to questions from the committee about public access to information about juvenile offenses.

05:47 PM -- Amy Miller, representing the Colorado Coalition Against Domestic Violence and the Colorado Coalition Against Sexual Assault, testified in opposition to the bill. Ms. Miller expressed concerns about victims of certain crimes having access to the records of the crimes. She spoke about critical stages of a case under the Victim Rights Act. Ms. Miller responded to questions from the committee.


05:53 PM

Representative Kagan announced that the bill would be laid over for action at a later date.


05:54 PM

The committee adjourned.