Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:03/12/2013
ATTENDANCE
Time:01:31 PM to 03:43 PM
Buckner
X
Court
X
Place:HCR 0112
Gardner
X
Lawrence
*
This Meeting was called to order by
McLachlan
*
Representative Kagan
Murray
X
Pettersen
X
This Report was prepared by
Salazar
*
Amanda King
Wright
X
Lee
X
Kagan
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB13-1236Amended, Referred to the Committee of the Whole


01:32 PM -- House Bill 13-1236

Representative Levy presented House Bill 13-1236, concerning pretrial release from custody. The bill repeals and re-enacts, with amendments, the provisions of the criminal procedure code related to bail bonds. The bill requires courts to emphasize individual, evidence-based decision making practices when setting bonds and the conditions of release, and to presume that all persons in custody who are eligible for bond are eligible for bond with the least restrictive conditions. The bill:

• encourages the use of an empirically developed risk-assessment instrument, where practical and available;
• requires the court to consider the individual characteristics of each person in custody and his or her financial conditions when setting bond and the conditions of release;
• eliminates the monetary bond schedule set in statute for certain types of offenses; and
• allows for bonds with secured monetary conditions only when it is determined that such conditions are needed to ensure the appearance of the person in court or public safety.

The bill allows a person who has been granted monetary bond and who is unable to meet the monetary conditions to file a reconsideration motion seven days after the bond has been set. The bill places a greater emphasis on the use of pretrial services programs, and requires the chief judge of any judicial district to consult, on an annual basis, with the county or counties in his or her judicial district in an effort to support and encourage the development of pretrial services programs.














Representative Levy referenced materials that were distributed to the committee members prior to the meeting. She responded to questions about non-monetary bond release. Amendments L.001, L.007, and L008 (Attachments A through C) were distributed to the committee.

13HseJud0312AttachA.pdf13HseJud0312AttachA.pdf 13HseJud0312AttachB.pdf13HseJud0312AttachB.pdf

13HseJud0312AttachC.pdf13HseJud0312AttachC.pdf

01:40 PM -- Doug Wilson, State Public Defender, testified in support of the bill. He discussed the Commission on Criminal and Juvenile Justice's bail subcommittee that worked on drafting the bill, the inconsistencies of monetary bond schedules in different jurisdictions, and pretrial services programs. Mr. Wilson responded to questions about the conditions that are currently in place when someone is released on bond, whether resources exist for increased pretrial services, the factors that are considered when setting a monetary bond, and whether the bill addresses pretrial detainees who cannot afford bond. He continued to respond to questions about bond schedules and the availability of certain jail population data.

02:08 PM -- Maureen Cain, representing the Colorado Criminal Defense Bar, testified in support of the bill. She discussed recommendations from the Commission on Criminal and Juvenile Justice's bail subcommittee and outlined the topics addressed in the bill. She discussed information that was provided to the committee prior to the committee meeting. She stated the bill creates best practices standards and is judicial district driven. Ms. Cain responded to questions about the factors that would be considered when determining bond and whether certain provisions of the bill are mandatory. Representative Levy discussed the use of the word "shall" in the bill.

02:21 PM -- Stan Hilkey, representing the County Sheriffs of Colorado, testified in support of the bill. He discussed the national implementation project that Mesa County is involved in with the National Institute of Corrections to examine decision points throughout the entire justice system. He discussed the use of risk assessment tools. Mr. Hilkey responded to questions about the implementation project in Mesa County and placing conditions of release, including supervision, on people who have not been yet been convicted of a crime.

02:34 PM -- Greg Mauro, representing the Denver Pretrial Services Program, testified in support of the bill. He discussed the Commission on Criminal and Juvenile Justice's bail subcommittee's recommendations and pretrial risk assessment instruments. Mr. Mauro responded to questions about how the bill differs from traditional pretrial services programs that have been in existence for several years.

02:40 PM -- Annemarie Jensen testified on the bill. She read a statement from Chief Bill Kilpatrick of the Golden Police Department supporting the bill and using pretrial risk assessment tools.

02:44 PM -- Nick Wachinski, representing surety companies of Colorado, testified on the bill in a neutral capacity. He discussed monetary bonds, lack of uniformity of bond schedules, the constitutionality of the bill, and recidivism. He discussed the involvement of the bail bond industry in the drafting of the bill and potential amendments. Mr. Wachinski responded to questions about potential self-incrimination that could occur from pretrial services for substance abuse treatment and whether a member of the bail bond industry should be added to the advisory committees included in the bill.







02:57 PM -- Mary Ellen Pollack, representing cash bail agents, testified on the bill. She discussed due process. Representative Kagan discussed the bill as it relates to the use of monetary bonds. Ms. Pollack continued to discuss pretrial supervised release.

03:04 PM -- Jeff Clayton and Jason Armstrong, representing the Professional Bail Agents of Colorado, testified against the bill. Mr. Clayton stated that if the proposed amendments are adopted his client would no longer oppose the bill. Mr. Clayton discussed professional bail agents, whether a comprehensive jail population study on non-monetary bail programs should be conducted, and the use of evidence-based practices and risk assessments in pretrial release. Mr. Clayton discussed pretrial agencies and the potential amendments. Mr. Clayton and Mr. Armstrong responded to questions about the bill, the potential amendments, and whether there is a difference in the default rate between people who commit misdemeanors and those who committee felonies.


03:17 PM

Representative Levy discussed amendment L.001.
BILL:HB13-1236
TIME: 03:18:45 PM
MOVED:Court
MOTION:Adopt amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:Buckner
VOTE
Buckner
Court
Gardner
Lawrence
McLachlan
Murray
Pettersen
Salazar
Wright
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
















03:19 PM

Representative Levy discussed amendment L.007.
BILL:HB13-1236
TIME: 03:20:01 PM
MOVED:Court
MOTION:Adopt amendment L.007 (Attachment B). The motion passed without objection.
SECONDED:Lee
VOTE
Buckner
Court
Gardner
Lawrence
McLachlan
Murray
Pettersen
Salazar
Wright
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





























03:21 PM

Representative Levy discussed amendment L.008.
BILL:HB13-1236
TIME: 03:21:26 PM
MOVED:Court
MOTION:Adopt amendment L.008 (Attachment C). The motion passed without objection.
SECONDED:Salazar
VOTE
Buckner
Court
Gardner
Lawrence
McLachlan
Murray
Pettersen
Salazar
Wright
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


03:22 PM

Representative Wright discussed amendment L.009 (Attachment D). Representative Levy commented on amendment L.009. Representative Kagan recessed the committee.

13HseJud0312AttachD.pdf13HseJud0312AttachD.pdf



















03:26 PM

Representative Kagan called the committee back to order. Representative Levy and the committee discussed the amendment L.009.
BILL:HB13-1236
TIME: 03:28:49 PM
MOVED:Gardner
MOTION:Adopt amendment L.009 (Attachment D). The motion passed without objection.
SECONDED:Wright
VOTE
Buckner
Court
Gardner
Lawrence
McLachlan
Murray
Pettersen
Salazar
Wright
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


03:29 PM

Representative Levy provided concluding remarks on the bill. She discussed bond schedules, the Mesa County program, and the organization that support the basic policies included in the bill. The committee discussed the bill.




















BILL:HB13-1236
TIME: 03:42:54 PM
MOVED:Kagan
MOTION:Refer House Bill 13-1236, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED:Lee
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


03:43 PM

The committee adjourned.