Date: 02/24/2015

Final
BILL SUMMARY for HB15-1042

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt amendment L.005 (Attachment C). The motion p
Adopt amendment L.006 (Attachment D). The motion p
Amendment L.004 (Attachment B). The motion passed
Refer House Bill 15-1042, as amended, to the Commi		Pass Without Objection
Pass Without Objection
Pass Without Objection
PASS



01:52 PM -- HB15-1042

Representative Foote, prime sponsor, presented House Bill 15-1042, concerning requiring presentence reports to include information concerning the amount of time a defendant is expected to actually spend in incarceration. Representative Foote confined his remarks to amendment L.004 (Attachment B), a strike-below amendment. Representative Foote provided background on presentence investigation reports, including the information required to be in the reports by statute, and explained the effect of the bill. Representative Foote responded to questions regarding the period of criminal offenses covered by the bill, and the population that is intended to benefit from the receipt of presentence reports under the bill.

15HouseJud0224AttachB.pdf15HouseJud0224AttachB.pdf

02:05 PM

Discussion ensued regarding the position of judges on issuing presentence reports, and the release date expectations for offenders based on accrual of good time and earned time. Representative Foote responded to questions regarding the Department of Corrections' inmate locator.


02:13 PM

The following persons testified regarding HB 15-1042:

02:13 PM -- Ms. Christie Donner, representing the Colorado Criminal Justice Reform Coalition, testified in opposition to the bill unless it is amended. Ms. Donner discussed the desire on the part of many to access information on when a particular offender is expected to be paroled, and the various factors that determine a parole date. Ms. Donner discussed certain drawbacks to presentence reporting. Discussion ensued regarding the potential for the presentence reports developed under the bill to have a bearing on sentencing. Ms. Donner responded to questions regarding the potential for presentence reports to spur offenders to seek earned time and good time through good behavior.

02:25 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, testified in opposition to the bill unless amended. Ms. Cain discussed the audience for presentence reports, and the potential for these reports to create false expectations about offender release dates. Ms. Cain discussed amendment L.004, and the potentially misleading aspects of presentence reports.

02:32 PM -- Mr. Joe Cannata, representing Voices of Victims, testified in support of HB 15-1042. Mr. Cannata discussed the sentencing hearing of the offender who victimized his daughter, and expressed support for the bill because presentence reports provide victims and their families some level of information about the expected release date of an offender. Discussion ensued regarding the ability of a crime victim to access a presentence report. Mr. Cannata responded to questions regarding the eventual parole eligibility of the individual who victimized his family.

02:36 PM -- Ms. Lydia Waligorski, representing the Colorado Coalition Against Domestic Violence, testified in support of the bill. Ms. Waligorski discussed the importance of information in presentence reports to victims, and the difficulties she experiences as a victim advocate in explaining expected parole dates to victims. Ms. Waligorski discussed planning undertaken by victims based on expected parole dates. Discussion ensued regarding the parties that have access to presentence reports under the bill and under current law, and how the bill will improve access to information by victims.

02:43 PM -- Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of HB 15-1042. Ms. Ackerman discussed the importance of presentence reports to informing judges and victim advocates, and noted the merits of amendment L.004.

02:44 PM -- Mr. Raymond Harlan, representing Colorado Victims for Justice, testified in support of the bill. Mr. Harlan explained how presentence reports issued under the bill may provide better information to offenders, and discussed the facts surrounding a domestic violence and stalking situation affecting his family. He discussed the eventual sentencing for these crimes, and expectations he had at the time about the offender's release date. Mr. Harlan discussed an issue raised during earlier testimony.

03:00 PM -- Ms. Leanna Stoufer, representing Colorado Victims for Justice, testified in support of the bill. Ms. Stoufer discussed her experience as a victim of violent crime, and the resulting sentencing arrangement. Ms. Stoufer discussed her expectations for the offender's sentence prior to sentencing, and the impact the resulting sentence had on her. She discussed the potential benefits of issuing presentence reports under the bill.


03:14 PM

Representative Foote explained the effect of amendment L.004.
BILL:HB15-1042
TIME: 03:14:19 PM
MOVED:Foote
MOTION:Amendment L.004 (Attachment B). The motion passed without objection.
SECONDED:Lee
VOTE
Becker K.
Buckner
Carver
Court
Dore
Foote
Lawrence
Lundeen
Salazar
Van Winkle
Willett
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


03:15 PM

Representative Foote explained the effect of amendment L.005 (Attachment C), while Representative Kagan explained the effect of amendment L.006 (Attachment D).

15HouseJud0224AttachC.pdf15HouseJud0224AttachC.pdf
BILL:HB15-1042
TIME: 03:16:08 PM
MOVED:Kagan
MOTION:Adopt amendment L.006 (Attachment D). The motion passed without objection.

15HouseJud0224AttachD.pdf15HouseJud0224AttachD.pdf
SECONDED:Salazar
VOTE
Becker K.
Buckner
Carver
Court
Dore
Foote
Lawrence
Lundeen
Salazar
Van Winkle
Willett
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB15-1042
TIME: 03:14:43 PM
MOVED:Foote
MOTION:Adopt amendment L.005 (Attachment C). The motion passed without objection.
SECONDED:Lee
VOTE
Becker K.
Buckner
Carver
Court
Dore
Foote
Lawrence
Lundeen
Salazar
Van Winkle
Willett
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


03:18 PM

Representative Foote noted some organizations that support HB 15-1042.
BILL:HB15-1042
TIME: 03:18:36 PM
MOVED:Foote
MOTION:Refer House Bill 15-1042, as amended, to the Committee of the Whole. The motion passed on a vote of 11-1.
SECONDED:Court
VOTE
Becker K.
Yes
Buckner
No
Carver
Yes
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Salazar
Yes
Van Winkle
Yes
Willett
Excused
Lee
Yes
Kagan
Yes
Final YES: 11 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS



03:20 PM

The committee adjourned.