House Committee on Judiciary (04/30/2013)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	04/30/2013	ATTENDANCE

Time:	02:03 PM to 03:51 PM	Buckner	X
		Court	X
Place:	HCR 0112	Gardner	X
		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:
Presentation by the Sex Offender Management Board SB13-123 HB13-1323		Briefing and Committee Discussion Only Amended, Referred to Finance Referred to the Committee of the Whole

02:05 PM -- Presentation by the Sex Offender Management Board

Erin Jemison, Christopher Lobanov-Rostovsky, and Jesse Hansen, representing the Colorado Sex Offender Management Board (SOMB), joined the committee to present on best practices for the treatment and management of adult sex offenders and juveniles who have committed sexual offenses, pursuant to section 16-11.7-109 (2), C.R.S. A packet of information from the SOMB was distributed to the committee (Attachment A). Ms. Jemison provided an overview of the responsibilities and activities of the SOMB. She discussed the monthly meetings and subcommittees of the SOMB. She discussed changes to the SOMB's process for responding to complaints.

13HseJud0430AttachA.pdf

02:13 PM

Ms. Jemison and Mr. Lobanov-Rostovsky responded to questions from the committee about the oversight authority of the SOMB. Ms. Jemison pointed out the availability of a 2011 report evaluating the standards for treatment and management of adult sex offenders in Colorado on the SOMB's website. She discussed varying degrees of risk of sex offenders. She responded to questions from the committee regarding protocols for low-risk offenders. Mr. Lobanov-Rostovsky weighed in as well.

02:21 PM

Mr. Hansen spoke about the evaluation of standards and guidelines for juveniles who have committed sex offenses. He referred to a briefing of this information in Attachment A. He discussed the membership of multi-disciplinary teams for juveniles who have committed sex offenses.

02:30 PM

Mr. Lobanov-Rostovsky spoke about recommendations for the SOMB. A list of these recommendations is included in Attachment A. He walked the committee through the recommendations, ending with a discussion of the use of community corrections resources for the treatment and management of sex offenders.

02:42 PM

The committee discussed recommendations to the Department of Corrections about offenders in various risk categories. Mr. Lobanov-Rostovsky offered to provide additional information after the meeting about supervising additional offenders in a community corrections setting rather than in the Department of Corrections.

02:46 PM -- Senate Bill 13-123

Representative Levy, sponsor, presented Senate Bill 13-123. Under current law, records of certain drug-related criminal convictions may be sealed with specific limitations. This reengrossed bill allows an individual to petition the court once in each 12-month period to seal conviction records, pertaining to petty offenses or municipal violations, provided the petition is filed three or more years after the date of the final disposition of the case and the individual has not been charged or convicted of a criminal offense in the previous three years. Petitioners are required to pay a total filing fee of $442. An order sealing conviction records for petty offenses or municipal violations carries the same requirements and limitations as those in current law for the sealing of criminal conviction records. Current law also requires probation and parole officers to provide notice to individuals on probation or parole of their rights with regard to sealing of records. The bill specifies what the notice must contain.

A defendant who enters into an agreement for an alternative sentence, such as probation or community corrections, may apply for and be granted an order of collateral relief by the court. An order of collateral relief is meant to improve the defendant's likelihood of success in the alternative sentencing program by removing barriers to employment and housing, among other things. The bill states that an order may relieve a defendant of any of the collateral consequences of a criminal conviction that the judge believes will assist the defendant in completing probation or a community corrections sentence, but it cannot apply to collateral consequences imposed by law for licensure or employment by the Departments of Corrections, Education, or Human Services, the Judicial Branch, or any law enforcement agency within the state.

Orders of collateral relief cannot be granted to defendants who have been convicted of a felony that caused a permanent disability, a crime of violence, or a sex offense. Relief granted by an order may be enlarged, limited, or circumscribed on a motion by the court, the district attorney, or the applicant. Orders may be revoked upon a motion of the district attorney, the probation officer, or the court. Copies of all orders will be sent to the Colorado Bureau of Investigation (CBI) within the Department of Public Safety, which will make a note in the Colorado Crime Information Center (CCIC) database.

The bill states that a pardon issued by the Governor waives all of the collateral consequences of a criminal conviction unless the scope of the pardon is limited with regard to collateral consequences. Notice of commutation of a sentence or a pardon must be provided by the Governor to the CBI. The CBI is then required to note in the offender's criminal record that he or she was granted a pardon or commutation of sentence.

The Department of Regulatory Agencies is required to include in any sunrise review of a profession or occupation a description of any anticipated disqualifications of an applicant for licensure, certification, relicensure, or recertification based on criminal history and how the disqualifications serve public safety or consumer protection interests.

Representative Levy distributed prepared amendment L.013 (Attachment B), which would allow certain felony offenders to possess a firearm with a court order. She responded to questions from the committee.

13HseJud0430AttachB.pdf

02:54 PM -- Bridget Klauber, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Klauber spoke about collateral consequences and discussed proposed amendment L.014 (Attachment C). She responded to questions from the committee about sealing convictions for qualifying offenses.

13HseJud0430AttachC.pdf

03:02 PM -- Christie Donner, representing the Colorado Criminal Justice Reform Coalition, testified in support of the bill. Ms. Donner discussed collateral consequences and how they affect the future lives of convicted offenders. She talked about the process for sealing records and about prior attempts to minimize collateral consequences. She responded to questions about unsealing a sealed conviction record.

03:09 PM -- Jordan Baucke, representing himself, testified in support of the bill. Mr. Baucke spoke about his personal experience with a drug-related criminal conviction and the collateral consequences of his conviction. He asked the committee to amend the bill to allow sealing of records for convictions that occurred earlier than current law allows.

03:15 PM -- Reverend Doctor Laurence Wagley, representing Colorado Interfaith Voices for Justice, testified in support of the bill. Rev. Wagley spoke about his experience ministering to individuals in the community who have experience in the criminal justice system.


BILL:	SB13-123
TIME:	03:20:36 PM
MOVED:	Salazar
MOTION:	Adopt amendment L.015 (Attachment E). The motion passed without objection. 13HseJud0430AttachE.pdf
SECONDED:	Kagan
		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


BILL:	SB13-123
TIME:	03:21:07 PM
MOVED:	Salazar
MOTION:	Adopt amendment L.011 (Attachment D). The motion passed without objection. 13HseJud0430AttachD.pdf
SECONDED:	Kagan
		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


BILL:	SB13-123
TIME:	03:35:19 PM
MOVED:	Kagan
MOTION:	Adopt amendment L.013 (Attachment B). The motion passed on a vote of 10-1.
SECONDED:	Murray
		VOTE
	Buckner	Yes
	Court	No
	Gardner	Yes
	Lawrence	Yes
	McLachlan	Yes
	Murray	Yes
	Pettersen	Yes
	Salazar	Yes
	Wright	Yes
	Lee	Yes
	Kagan	Yes

YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB13-123
TIME:	03:41:27 PM
MOVED:	Kagan
MOTION:	Refer Senate Bill 13-123, as amended, to the Committee on Finance. The motion passed on a vote of 7-4.
SECONDED:	Salazar
		VOTE
	Buckner	Yes
	Court	Yes
	Gardner	No
	Lawrence	No
	McLachlan	Yes
	Murray	No
	Pettersen	Yes
	Salazar	Yes
	Wright	No
	Lee	Yes
	Kagan	Yes

Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:42 PM -- House Bill 13-1323

Representatives Levy and McNulty, co-sponsors, presented House Bill 13-1323. This bill sets forth new requirements concerning the transmission between the courts and the Department of Corrections (DOC) of sentencing information contained in an order committing an offender to prison (mittimus). If an offender is required to serve two or more sentences and the court does not specify whether the sentences are to be served concurrently or consecutively, the DOC must immediately seek clarification from the court. A court is required to respond to a DOC request within 30 days. Until the court's response is received, the DOC is directed to treat the offender as if he or she is serving the sentences consecutively. In addition, when a court sentences an offender serving a sentence in another case or who is being sentenced in the instant case for more than one count, the court must also specify in the mittimus whether the sentences are to be served consecutively or concurrently.

Representative Levy responded to questions from the committee.


BILL:	HB13-1323
TIME:	03:49:36 PM
MOVED:	Murray
MOTION:	Refer House Bill 13-1323 to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED:	Buckner
		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

03:51 PM

The committee adjourned.