Date: 10/28/2013

Final
Bill 1

JUVENILE DEFENSE ATTORNEY

Votes: View--> Action Taken:
Adopt lines 11-12 of page 1 of prepared amendment
Adopt prepared amendment #1 to Bill 11 (Attachment
Adopt prepared amendment #11 to Bill 1 (Attachment
Adopt prepared amendment #14 to Bill 1 (Attachment
Adopt prepared amendment #2 to Bill 1 (Attachment
Adopt prepared amendment #3 to Bill 1 (Attachment
Adopt prepared amendment #4 to Bill 1 (Attachment
Adopt prepared amendment #5 to Bill 1 (Attachment
Adopt prepared amendment #6 to Bill 1 (Attachment
Adopt prepared amendment #7 to Bill 1 (Attachment
Adopt prepared amendment #9 to Bill 1 (Attachment
Adopt severed section A of prepared amendment #16
Adopt severed section B of prepared amendment #16
Adopt severed section C of prepared amendment #16
Recommend that Bill 1 (Attachment B), as amended (
Strike line 12 of page 2 of prepared amendment #16


Pass Without Objection
Pass Without Objection

PASS
Pass Without Objection
Pass Without Objection
PASS
Pass Without Objection

Pass Without Objection

Pass Without Objection
PASS
Pass Without Objection



10:51 AM -- Bill 1

The committee recessed.


01:04 PM

The committee reconvened. The committee took up discussion on Bill 1 concerning the provision of defense counsel to juvenile offenders (Attachment B).

The bill makes several changes to provisions of the Colorado juvenile justice system concerning the representation of children in juvenile proceedings including changes regarding: representation at detention hearings; notice of the right to counsel on juvenile summons; notice to OSPD and/or OADC when a juvenile is detained; waivers of counsel; the role of guardians ad litem; and representation and indigence determination.

Prepared amendments #1, #2, #3, #4, #5, #6, #7, #8, #9, #10, #11, #14, and #16 were distributed to the committee (Attachments L, M, N, O, P, Q, R, S, T, U, V, W, and X, respectively). The committee discussed whether any of the amendments conflict with each other with Mr. Richard Sweetman, Office of Legislative Legal Services. Senator Steadman stated that he will support the bill in committee but that he is concerned about its potential fiscal impact. Senator Harvey also discussed his concerns about the potential fiscal impact of the bill.

13JuvDefense1028AttachL.pdf13JuvDefense1028AttachL.pdf 13JuvDefense1028AttachM.pdf13JuvDefense1028AttachM.pdf

13JuvDefense1028AttachN.pdf13JuvDefense1028AttachN.pdf 13JuvDefense1028AttachO.pdf13JuvDefense1028AttachO.pdf

13JuvDefense1028AttachP.pdf13JuvDefense1028AttachP.pdf 13JuvDefense1028AttachQ.pdf13JuvDefense1028AttachQ.pdf

13JuvDefense1028AttachR.pdf13JuvDefense1028AttachR.pdf 13JuvDefense1028AttachS.pdf13JuvDefense1028AttachS.pdf

13JuvDefense1028AttachT.pdf13JuvDefense1028AttachT.pdf 13JuvDefense1028AttachU.pdf13JuvDefense1028AttachU.pdf

13JuvDefense1028AttachV.pdf13JuvDefense1028AttachV.pdf 13JuvDefense1028AttachW.pdf13JuvDefense1028AttachW.pdf

13JuvDefense1028AttachX.pdf13JuvDefense1028AttachX.pdf

01:09 PM

Representative Kagan described prepared amendment #1 (Attachment L). Representative Levy stated that parental refusal should not be eliminated from the bill. Ms. Dvorchak stated that she believes parental refusal should be related to the juvenile's indigence determination.
BILL:Bill 1
TIME: 01:09:28 PM
MOVED:Levy
MOTION:Recommend that Bill 1 (Attachment B), as amended (see vote sheets below), be included in the bills recommended by the Juvenile Defense Attorney Interim Committee to the Legislative Council. The motion passed on a vote of 6-3, with one member excused.
SECONDED:Steadman
VOTE
Brant
Brodhead
Brown
Dvorchak
Harvey
No
Jessel
Kagan
Yes
Koppes Conway
Lee
Yes
Lilgerose
Marble
Excused
Martin
Navarro
No
Smith
Steadman
Yes
Ulibarri
Yes
Weinerman
Wright
No
Guzman
Yes
Levy
Yes
Final YES: 6 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS

BILL:Bill 1
TIME: 01:09:46 PM
MOVED:Kagan
MOTION:Adopt prepared amendment #1 to Bill 11 (Attachment L). The motion was withdrawn.
SECONDED:Steadman
VOTE
Brant
Brodhead
Brown
Dvorchak
Harvey
Jessel
Kagan
Koppes Conway
Lee
Lilgerose
Marble
Excused
Martin
Navarro
Smith
Steadman
Ulibarri
Weinerman
Wright
Guzman
Levy
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION:


01:13 PM

Representative Kagan described prepared amendment #2, which eliminates the change in the definition of a juvenile being "a danger to him or herself or to the community" (Attachment M).

BILL:Bill 1
TIME: 01:13:32 PM
MOVED:Kagan
MOTION:Adopt prepared amendment #2 to Bill 1 (Attachment M). The motion was withdrawn.
SECONDED:
VOTE
Brant
Brodhead
Brown
Dvorchak
Harvey
Jessel
Kagan
Koppes Conway
Lee
Lilgerose
Marble
Excused
Martin
Navarro
Smith
Steadman
Ulibarri
Weinerman
Wright
Guzman
Levy
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION:

BILL:Bill 1
TIME: 01:23:34 PM
MOVED:Kagan
MOTION:Adopt prepared amendment #4 to Bill 1 (Attachment O). The motion passed without objection.
SECONDED:Steadman
VOTE
Brant
Brodhead
Brown
Dvorchak
Harvey
Jessel
Kagan
Koppes Conway
Lee
Lilgerose
Marble
Excused
Martin
Navarro
Smith
Steadman
Ulibarri
Weinerman
Wright
Guzman
Levy
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


01:25 PM

Representative Kagan described prepared amendment #5, concerning when a public defender attaches to a juvenile's case (Attachment P). Mr. Wilson said the amendment may have a large fiscal impact.
BILL:Bill 1
TIME: 01:25:11 PM
MOVED:Kagan
MOTION:Adopt prepared amendment #5 to Bill 1 (Attachment P). The motion passed without objection.
SECONDED:Steadman
VOTE
Brant
Brodhead
Brown
Dvorchak
Harvey
Jessel
Kagan
Koppes Conway
Lee
Lilgerose
Marble
Excused
Martin
Navarro
Smith
Steadman
Ulibarri
Weinerman
Wright
Guzman
Levy
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


01:35 PM

Representative Kagan described prepared amendment #6, concerning limiting waivers of counsel (Attachment Q). Mr. Wilson noted that it may be difficult to have a public defender on-call in all districts to know if a summons contains a waivable offense or not. Ms. Jessel discussed how summons returns work in Boulder County. The committee discussed how to increase juvenile access to diversion programs.
BILL:Bill 1
TIME: 01:35:05 PM
MOVED:Kagan
MOTION:Adopt prepared amendment #6 to Bill 1 (Attachment Q). The motion passed on a vote of 7-2, with one member excused.
SECONDED:Steadman
VOTE
Brant
Brodhead
Brown
Dvorchak
Harvey
Yes
Jessel
Kagan
Yes
Koppes Conway
Lee
Yes
Lilgerose
Marble
Excused
Martin
Navarro
Yes
Smith
Steadman
No
Ulibarri
Yes
Weinerman
Wright
No
Guzman
Yes
Levy
Yes
YES: 7 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS


02:16 PM

Representative Levy described prepared amendment #7, regarding status offenders (Attachment R).
BILL:Bill 1
TIME: 02:16:57 PM
MOVED:Levy
MOTION:Adopt prepared amendment #7 to Bill 1 (Attachment R). The motion passed without objection.
SECONDED:Kagan
VOTE
Brant
Brodhead
Brown
Dvorchak
Harvey
Jessel
Kagan
Koppes Conway
Lee
Lilgerose
Marble
Excused
Martin
Navarro
Smith
Steadman
Ulibarri
Weinerman
Wright
Guzman
Levy
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


02:17 PM

Representative Kagan described prepared amendment #9, concerning the make up of the Public Defender Commission and the Alternate Defense Counsel Commission (Attachment T). Senator Steadman stated that he feels that the amendment puts an inordinate amount of importance on one area considering the commissions only have five members. Ms. Dvorchak said the amendment creates oversight and accountability for juvenile matters.

BILL:Bill 1
TIME: 02:17:56 PM
MOVED:Kagan
MOTION:Adopt prepared amendment #9 to Bill 1 (Attachment T). The motion was withdrawn.
SECONDED:Lee
VOTE
Brant
Brodhead
Brown
Dvorchak
Harvey
Jessel
Kagan
Koppes Conway
Lee
Lilgerose
Marble
Excused
Martin
Navarro
Smith
Steadman
Ulibarri
Weinerman
Wright
Guzman
Levy
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION:


02:25 PM

Representative Kagan described prepared amendment #10, concerning parental refusal (Attachment U). The committee discussed recoupment mechanisms for parents and clients who are later found to not be indigent.


02:31 PM

Representative Kagan described prepared amendment #11, concerning reporting requirements (Attachment V).
BILL:Bill 1
TIME: 02:31:36 PM
MOVED:Steadman
MOTION:Adopt prepared amendment #11 to Bill 1 (Attachment V). The motion passed without objection.
SECONDED:Ulibarri
VOTE
Brant
Brodhead
Brown
Dvorchak
Harvey
Jessel
Kagan
Koppes Conway
Lee
Lilgerose
Marble
Excused
Martin
Navarro
Smith
Steadman
Ulibarri
Weinerman
Wright
Guzman
Levy
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


02:32 PM

Representative Kagan described prepared amendment #14, concerning providing notice of summons to OSPD (Attachment W).
BILL:Bill 1
TIME: 02:32:35 PM
MOVED:Kagan
MOTION:Adopt prepared amendment #14 to Bill 1 (Attachment W). The motion passed without objection.
SECONDED:Steadman
VOTE
Brant
Brodhead
Brown
Dvorchak
Harvey
Jessel
Kagan
Koppes Conway
Lee
Lilgerose
Marble
Excused
Martin
Navarro
Smith
Steadman
Ulibarri
Weinerman
Wright
Guzman
Levy
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


02:40 PM

The committee discussed prepared amendment #16 concerning the presumption of indigence determination and waivers of counsel (Attachment X). Representative Levy stated that she preferred to sever the prepared amendment into multiple sections due to the number of topics contained in the amendment and due to other amendments that address similar areas in the bill.

BILL:Bill 1
TIME: 02:40:28 PM
MOVED:Levy
MOTION:Adopt lines 11-12 of page 1 of prepared amendment #16 to Bill 1 (Attachment X). The motion was withdrawn.
SECONDED:
VOTE
Brant
Brodhead
Brown
Dvorchak
Harvey
Jessel
Kagan
Koppes Conway
Lee
Lilgerose
Marble
Excused
Martin
Navarro
Smith
Steadman
Ulibarri
Weinerman
Wright
Guzman
Levy
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION:

BILL:Bill 1
TIME: 02:47:08 PM
MOVED:Levy
MOTION:Adopt severed section A of prepared amendment #16 to Bill 1 (Attachment X), page 1, lines 1-10. The motion passed without objection.
SECONDED:Steadman
VOTE
Brant
Brodhead
Brown
Dvorchak
Harvey
Jessel
Kagan
Koppes Conway
Lee
Lilgerose
Marble
Excused
Martin
Navarro
Smith
Steadman
Ulibarri
Weinerman
Wright
Guzman
Levy
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

BILL:Bill 1
TIME: 02:55:06 PM
MOVED:Steadman
MOTION:Adopt severed section B of prepared amendment #16 to Bill 1 (Attachment X), page 1, lines 13-26, and page 2, lines 1-5 and 8-11. The motion was withdrawn.
SECONDED:
VOTE
Brant
Brodhead
Brown
Dvorchak
Harvey
Jessel
Kagan
Koppes Conway
Lee
Lilgerose
Marble
Excused
Martin
Navarro
Smith
Steadman
Ulibarri
Weinerman
Wright
Guzman
Levy
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION:


03:16 PM

Representative Kagan discussed prepared amendment #3, concerning a juvenile's indigence determination (Attachment N).

BILL:Bill 1
TIME: 03:16:58 PM
MOVED:Kagan
MOTION:Adopt prepared amendment #3 to Bill 1 (Attachment N). The motion passed on a vote of 6-3, with one member excused.
SECONDED:Ulibarri
VOTE
Brant
Brodhead
Brown
Dvorchak
Harvey
No
Jessel
Kagan
Yes
Koppes Conway
Excused
Lee
Yes
Lilgerose
Marble
Excused
Martin
Navarro
No
Smith
Steadman
Yes
Ulibarri
Yes
Weinerman
Wright
Yes
Guzman
Yes
Levy
No
YES: 6 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:Bill 1
TIME: 03:34:15 PM
MOVED:Levy
MOTION:Adopt severed section C of prepared amendment #16 to Bill 1 (Attachment X), page 2, lines 8-30. The motion passed without objection.
SECONDED:Steadman
VOTE
Brant
Brodhead
Brown
Dvorchak
Harvey
Jessel
Kagan
Koppes Conway
Lee
Lilgerose
Marble
Excused
Martin
Navarro
Smith
Steadman
Ulibarri
Weinerman
Wright
Guzman
Levy
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:Bill 1
TIME: 03:37:02 PM
MOVED:Levy
MOTION:Strike line 12 of page 2 of prepared amendment #16 to Bill 1 (Attachment X). The motion passed without objection.
SECONDED:Kagan
VOTE
Brant
Brodhead
Brown
Dvorchak
Harvey
Jessel
Kagan
Koppes Conway
Excused
Lee
Lilgerose
Marble
Excused
Martin
Navarro
Smith
Steadman
Ulibarri
Weinerman
Wright
Guzman
Levy
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection