Date: 02/27/2014

Final
BILL SUMMARY for HB14-1032

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt amendment L.002 (Attachment E). The motion p
Adopt amendment L.003 (Attachment I). The motion w
Adopt amendment L.008 (Attachment G). The motion p
Adopt amendment L.011 (Attachment H). The motion p
Refer House Bill 14-1032, as amended, to the Commi		Pass Without Objection

Pass Without Objection
Pass Without Objection
PASS



07:02 PM -- HB14-1032

The committee recessed.


07:12 PM

The committee returned to order. Representative Kagan, prime sponsor, presented House Bill 14-1032, concerning the provision of defense counsel to juvenile offenders. Representative Kagan discussed the creation of the legislation, and explained its need. Representative Kagan explained the effect of amendment L.002 (Attachment E), a strike-below amendment. Committee members received a packet of background information supporting the bill (Attachment F).

14HseJud0227AttachE.pdf14HseJud0227AttachE.pdf 14HseJud0227AttachF.pdf14HseJud0227AttachF.pdf

07:23 PM

Representative Kagan continued to explain the effect of amendment L.002. He also discussed the effect of an additional forthcoming amendment to amendment L.002. Representative Kagan responded to questions regarding the fiscal note for the bill, and the potential impact of the bill on juvenile diversion programs.


07:31 PM

The following persons testified regarding House Bill 14-1032:

07:31 PM -- Mr. Doug Wilson, State Public Defender, testified in support of the bill. Mr. Wilson discussed the juvenile caseload in Colorado, and the burdens his office experiences in providing counsel in these cases considering available resources and distances to hearing sites. Mr. Wilson discussed the use of diversion programs for juveniles. Mr. Wilson noted certain organizations that support the bill. Discussion ensued regarding the fiscal impact of the bill as amended, and the assignment of additional personnel from his office under the bill. Mr. Wilson responded to questions regarding the constitutional necessity of the bill in terms of providing counsel in juvenile cases.


07:43 PM

Mr. Wilson responded to questions regarding the potential outcomes in the area of juvenile justice if the bill passes, and his office's duties in the area of juvenile case appeals.

07:45 PM -- Ms. Wana Daniel, Judge Tijani Cole, and Ms. Briceida Macias testified in support of the bill. Ms. Macias explained that the bill will help to protect the rights of children. Ms. Daniel supported the right of juveniles to have attorneys in court proceedings, and discussed disparate treatment of minority youth. Judge Cole discussed his background as a judge and in other endeavors serving children, and explained how these activities have given him insight into juvenile delinquency matters. He discussed the benefits of juveniles being represented in court proceedings, and explained that youth do not understand what is going on during these proceedings. He further explained that those youth with limited resources are the ones who do not have counsel in legal proceedings, and rebutted potential arguments against providing counsel to juveniles in court proceedings.


07:55 PM

Judge Cole discussed the disparate treatment of minority youth by the court system, and explained how defense counsel may help to ameliorate this disparate treatment. Discussion ensued regarding the potential violation of the constitution in recent decades by the state not providing counsel to juvenile defendants. Representative Salazar discussed the merits of the bill in terms of providing equal representation to certain populations.

08:03 PM -- Ms. Karen Steinhauser, representing herself, testified in support of House Bill 14-1032. Ms. Steinhauser addressed questions raised earlier about the changing landscape of juvenile justice, and potential constitutional issues surrounding the current lack of counsel for juvenile defendants. Ms. Steinhauser discussed the constitutional protections afforded to minors, and the proper authority for ensuring that juveniles are afforded these protections. Ms. Steinhauser addressed misperceptions regarding the expungement of juvenile court records, and the role of counsel in assisting youth in such matters. She discussed collateral consequences attendant to juvenile delinquency.


08:14 PM

Ms. Steinhauser continued to discuss the benefits of juvenile defendants receiving counsel during court proceedings. Ms. Steinhauser responded to questions regarding the use of juvenile courts as "training grounds" for aspiring prosecutors, and the incentives for these prosecutors to gain convictions in juvenile courts. Discussion ensued regarding the need for juvenile defendants to receive counsel in these proceedings. Discussion followed regarding the use of diversion programs for juveniles.

08:21 PM -- Ms. Feliciana Lilgerose, representing herself, testified in support of the bill. Ms. Lilgerose discussed the findings of the Juvenile Defense Attorney Interim Committee. She discussed her experiences as the parent of a child involved in the juvenile justice system, and explained that parents should not be put in the position of serving as counsel for children.

08:25 PM -- Former Representative Claire Levy, representing herself, testified in support of House Bill 14-1032. Representative Levy discussed the burdens placed upon parents of children involved in the juvenile justice system, and explained how the provision of juvenile counsel under the bill will benefit in these situations. She discussed the disparity in resources available to juvenile defendants in various parts of the state, and spoke in support of provisions in the bill that increase the threshold for waiving counsel.

08:33 PM -- Judge Jack Smith, representing himself, testified in support of the bill. Judge Smith discussed the history of juvenile justice in Colorado, and his work in the field. Additionally, he discussed the creation of the Colorado Children's Code, and the benefits of providing counsel to juvenile defendants. Judge Smith discussed the costs associated with the bill, and the benefits that juvenile defendants in rural areas will experience under the bill.

08:44 PM -- Ms. Carla Bennett, representing the League of Women Voters, testified in support of House Bill 14-1032. Ms. Bennett expressed concern regarding the lack of availability of defense counsel for juvenile defendants.

08:46 PM -- Ms. Kim Dvorchak, representing the Colorado Juvenile Defender Coalition, testified in support of the bill. Ms. Dvorchak discussed her organization's research in the area of juvenile defense, and explained that the bill is a first step in the adequate provision of counsel to juvenile defendants. Ms. Dvorchak addressed the issue of the use of juvenile diversion programs, and explained that amendment L.002 will not achieve full representation for juvenile defendants. She compared the costs of juvenile incarceration with costs associated with providing counsel to juvenile defendants.

08:52 PM -- Mr. Tom Raynes, Executive Director for the Colorado District Attorneys' Counsel, testified on the bill. Mr. Raynes explained that his organization is taking a neutral position on the bill if it is amended by amendment L.002 and amendment L.008 (Attachment G). Mr. Raynes discussed the differences between the juvenile justice system and the criminal justice system, and explained how the interests of juvenile defendants may be furthered. Mr. Raynes discussed the increasing use of juvenile diversion programs, and the changing landscape of juvenile justice. Mr. Raynes addressed the constitutional issues raised during earlier discussions. Mr. Raynes also addressed comments made earlier by Representative Salazar.


09:03 PM

Mr. Raynes discussed the potential impact of the bill on the use of juvenile diversion programs, and raised certain potential issues with the bill. Mr. Raynes discussed the potential outcomes of the bill in areas such as diversion and recidivism.
BILL:HB14-1032
TIME: 09:08:27 PM
MOVED:Kagan
MOTION:Adopt amendment L.002 (Attachment E). The motion passed without objection.
SECONDED:Court
VOTE
Buckner
Court
Gardner
Lawrence
McLachlan
Murray
Pettersen
Salazar
Waller
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB14-1032
TIME: 09:10:52 PM
MOVED:Gardner
MOTION:Adopt amendment L.008 (Attachment G). The motion passed without objection.
14HseJud0227AttachG.pdf14HseJud0227AttachG.pdf
SECONDED:Salazar
VOTE
Buckner
Court
Gardner
Lawrence
McLachlan
Murray
Pettersen
Salazar
Waller
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB14-1032
TIME: 09:12:10 PM
MOVED:Gardner
MOTION:Adopt amendment L.011 (Attachment H). The motion passed without objection.
14HseJud0227AttachH.pdf14HseJud0227AttachH.pdf
SECONDED:Salazar
VOTE
Buckner
Court
Gardner
Lawrence
McLachlan
Murray
Pettersen
Salazar
Waller
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB14-1032
TIME: 09:09:05 PM
MOVED:Kagan
MOTION:Adopt amendment L.003 (Attachment I). The motion was withdrawn.
14HseJud0227AttachI.pdf14HseJud0227AttachI.pdf
SECONDED:Salazar
VOTE
Buckner
Court
Gardner
Lawrence
McLachlan
Murray
Pettersen
Salazar
Waller
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Withdrawn


BILL:HB14-1032
TIME: 09:16:05 PM
MOVED:Kagan
MOTION:Refer House Bill 14-1032, as amended, to the Committee on Appropriations. The motion passed on a vote of 11-0.
SECONDED:Court
VOTE
Buckner
Yes
Court
Yes
Gardner
Yes
Lawrence
Yes
McLachlan
Yes
Murray
Yes
Pettersen
Yes
Salazar
Yes
Waller
Yes
Lee
Yes
Kagan
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



09:22 PM

The committee adjourned.