Date: 02/17/2015

Final
BILL SUMMARY for HB15-1091

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt amendment L.003 (Attachment B). The motion w
Adopt amendment L.004 (Attachment C) as amended. T
Amend amendment L.004, line 4, after "and" , inser
Refer House Bill 15-1091, as amended, to the Commi

Pass Without Objection
Pass Without Objection
PASS



01:48 PM -- HB15-1091

Representative Lontine, prime sponsor, presented House Bill 15-1091, concerning the use of restraints on a juvenile during a court proceeding. Representative Kagan explained how the testimony portion of the hearing would be conducted. Representative Lontine explained the effect of the bill and discussed its need. The following persons testified regarding HB 15-1091:

01:57 PM --
Ms. Crystal Duarte, representing the National Council of Juvenile and Family Court Judges, testified in support of the bill. Ms. Duarte discussed the negative impacts of indiscriminately shackling juveniles in the court system, and explained how removing the shackles may improve juvenile behavior. Ms. Duarte responded to questions regarding the effect of removing shackles on courtroom safety, and her organization's position on banning shackling for juveniles. Ms. Duarte responded to further questions regarding studies that may show the benefits of juvenile shackling.

02:02 PM --
Ms. Anne Roan, representing the Office of the State Public Defender, testified in support of HB 15-1091. Ms. Roan discussed the indiscriminate nature of juvenile shackling in courts, and explained how the bill would promote establishment of juvenile shackling policies beyond indiscriminate shackling. Ms. Roan responded to questions regarding the requirements placed on judicial districts by the bill, and districts with policies on juvenile shackling that are not indiscriminate. Ms. Roan responded to questions regarding the use of indiscriminate juvenile shackling in certain courtrooms based on particular security and other considerations.

02:10 PM --
Mr. Kenneth Pace, representing the Office of the State Public Defender, testified in support of the bill. Mr. Pace explained how he convinced the Sixth Judicial District to eliminate shackling on an indiscriminate basis, and discussed his efforts in the Twenty-Second Judicial District to do the same. Mr. Pace discussed the benefits of unshackling juveniles in the courtroom environment. Mr. Pace responded to questions regarding the behavior of juveniles appearing in court in the Sixth Judicial District since indiscriminate shackling was discontinued, and the number of juveniles who appear in shackles under the new policy. Discussion ensued regarding the public safety ramifications of bringing unshackled juveniles into courts. Mr. Pace responded to questions regarding the shackling of juveniles despite their pleas before the court.

02:17 PM --
Ms. Mya Dominguez, representing herself, testified in support of HB 15-1091. Ms. Dominguez discussed her experiences as a juvenile appearing in court wearing shackles.

02:19 PM --
Ms. Tamara Thomson, representing the Office of the State Public Defender, testified in support of the bill. She discussed her experiences as a state public defender representing juveniles, and her work on a task force researching the impacts of juvenile shackling. Ms. Thomson discussed objections raised to the idea of indiscriminate shackling, and the ending of indiscriminate shackling in other jurisdictions. Ms. Thomson responded to questions regarding the impact of ending indiscriminate shackling in Los Angeles, and security concerns in certain jurisdictions that may militate against the ending of indiscriminate juvenile shackling. Discussion ensued regarding the position of the Denver Sheriff's Department on indiscriminate shackling for juveniles.

02:29 PM --
Mr. Isaac Aragon, representing Lifeline, testified in support of the bill. Mr. Aragon discussed his experiences as a juvenile in the courtroom setting, and explained why indiscriminate shackling may prejudice the judge.

02:31 PM --
Mr. Dennis Maes, representing himself, testified in support of HB 15-1091. Mr. Maes discussed his work in the area of juvenile shackling and experiences as a judge in juvenile matters. He discussed the juvenile shackling policy in his courtroom while he was judge, and spoke in favor of a presumption on the accused juvenile's side. Mr. Maes responded to questions regarding Pueblo's policy on juvenile shackling in court since his departure from the bench, and evidence pertaining to the behavior of unshackled juveniles in court. Mr. Maes responded to further questions regarding the ability of individual courts to determine juvenile shackling policies, and the ability of those juveniles who post bond to avoid shackling during court appearances. Discussion ensued regarding the equal protection ramifications of this disparity.

02:43 PM --
Ms. Kim Dvorchak, representing the Colorado Juvenile Defender Coalition, testified in support of the bill. Ms. Dvorchak discussed the work of a task force seeking to end indiscriminate juvenile shackling, and a resolution from the American Bar Association on the use of restraints on juveniles in court. She discussed the impact of the bill on jurisdictions in the area of juvenile shackling. Ms. Dvorchak responded to questions regarding the civil nature of juvenile court proceedings.

02:48 PM --
Ms. Tamisha Macklin, representing herself, testified in support of the bill. Ms. Macklin discussed her experiences in the juvenile justice system, and the impact shackling had on her. She provided her opinion on juvenile shackling. Ms. Macklin responded to questions regarding her life since being in the juvenile justice system.

02:54 PM --
Ms. Carla Bennett, representing the Colorado League of Women Voters, testified in support of HB 15-1091. Ms. Bennett expressed concerns about the impacts of indiscriminate juvenile shackling, and spoke in support of requiring judicial districts to establish juvenile shackling policies.

02:57 PM --
Ms. Julie Rammer, representing the Office of the State Public Defender, testified in support of the bill. Ms. Rammer discussed the negative impacts of indiscriminately shackling juveniles in court, and the undermining of the presumption of innocence by indiscriminate shackling. Ms. Rammer discussed the ending of juvenile shackling in the courtroom by the First Judicial District. Ms. Rammer responded to questions regarding the impact of indiscriminate shackling on juvenile recidivism.

03:02 PM --
Ms. Michelle Martinez, representing the Office of the State Public Defender, testified in support of the bill. Ms. Martinez explained how shackling impacts juveniles.

03:06 PM --
Mr. Sean Taylor, representing himself, testified in support of the bill. Mr. Taylor discussed his experiences in prison and later working in youth education. Mr. Taylor discussed his experiences of being shackled in court, and explained that the bill leaves options available to judicial districts for youth shackling. Mr. Taylor responded to questions regarding his adjudication as a juvenile.

03:10 PM --
Mr. Juston Cooper, representing the Colorado Criminal Justice Reform Coalition, testified in support of HB 15-1091. Mr. Cooper explained how juvenile shackling is a statewide concern, and discussed his experiences working in courts with shackled juveniles. He discussed the impact of shackling on juveniles, and reiterated the bill's requirements. Mr. Cooper responded to questions regarding the percentage of juveniles that merit shackling in the courtroom setting.

03:15 PM --
Ms. Linda Weinerman, representing the Office of the Child's Representative, testified in support of the bill. Ms. Weinerman discussed the impact of shackling on juveniles, and noted that many children in the juvenile justice system are in court as a result of fleeing from foster environments. Discussion ensued regarding the civil nature of the juvenile system.

03:19 PM --
Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Cain explained that those in the juvenile justice system must have a hearing within 48 hours of intake, and discussed the intake procedure for juveniles. Ms. Cain responded to questions regarding security situations in courtrooms, and allowing individual courts to set juvenile shackling policies, rather than having judicial districts set such policies for their courts. Ms. Cain responded to questions regarding the wide range of issues for which juveniles appear in court. Ms. Cain responded to further questions regarding successes at the local level in ending indiscriminate shackling.


03:29 PM

Ms. Cain responded to questions regarding requirements in the bill to consider the issue of juvenile shackling over the coming year.

03:30 PM --
Mr. Ricardo Martinez, representing Padres and Jovenes Unidos, testified in support of HB 15-1091. Mr. Martinez explained how juvenile shackling is harming youth in the justice system. Discussion returned to the civil nature of juvenile court matters.

03:34 PM --
Sheriff Chris Johnson, representing the County Sheriffs of Colorado, testified in opposition to the bill. Sheriff Johnson discussed certain security concerns associated with ending juvenile shackling in court, and potential costs associated with instituting such a policy. Sheriff Johnson responded to questions regarding the bill's allowance for judicial districts to continue indiscriminate shackling after due policy consideration. Discussion returned to the civil and rehabilitative nature of juvenile court proceedings.


03:48 PM

Sheriff Johnson responded to questions regarding the potential impact of the bill on courtroom safety.

03:50 PM --
Mr. Gerald Marroney, State Court Administrator representing the Judicial Department, testified in opposition to HB 15-1091. Mr. Marroney explained that the judiciary can consider and set policy regarding juvenile shackling without passage of a state law, and noted that the judiciary is already involved in such consideration. Mr. Marroney responded to questions regarding the Judicial Department's position on the Chief Justice addressing the issue rather than the General Assembly. Discussion ensued regarding inactivity on the issue on the part of the Judicial Department in recent years, and the number of jurisdictions that have undertaken efforts to set juvenile shackling policies in Colorado.


04:02 PM

Discussion ensued regarding separation of powers, and the power of the judiciary to establish administrative policies for courtrooms. Mr. Marroney clarified the work already underway in the Judicial Department on juvenile shackling, and the duties imposed on courts by HB 15-1091. Discussion followed about the potential unconstitutionality of the bill.

04:11 PM --
Mr. Jeremy Schupbach, representing the Colorado Bar Association, testified in opposition to the bill. Mr. Schupbach raised separation of powers issues associated with the bill. Mr. Schupbach responded to questions regarding the potential unconstitutionality of the bill.


04:15 PM

Representative Lontine explained the effect of prepared amendment L.003 (Attachment B). Discussion ensued regarding the position of the Judicial Department on the amendment, and the ability of a judicial district chief judge to set juvenile shackling policy for the district under the amendment. Discussion followed regarding the bill's presumption against juvenile shackling.

15HouseJud0217AttachB.pdf15HouseJud0217AttachB.pdf

04:27 PM

The committee recessed.


04:39 PM

The committee returned from recess.
BILL:HB15-1091
TIME: 04:16:03 PM
MOVED:Court
MOTION:Adopt amendment L.003 (Attachment B). The motion was withdrawn.
SECONDED:Kagan
VOTE
Buckner
Carver
Court
Dore
Foote
Lawrence
Lundeen
Pettersen
Salazar
Van Winkle
Willett
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:


BILL:HB15-1091
TIME: 04:39:11 PM
MOVED:Court
MOTION:Adopt amendment L.004 (Attachment C) as amended. The motion passed without objection.
15HouseJud0217AttachC.pdf15HouseJud0217AttachC.pdf
SECONDED:Kagan
VOTE
Buckner
Carver
Court
Dore
Foote
Lawrence
Lundeen
Pettersen
Salazar
Van Winkle
Willett
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB15-1091
TIME: 04:40:01 PM
MOVED:Kagan
MOTION:Amend amendment L.004, line 4, after "and" , insert "substitute". The motion passed without objection.
SECONDED:Lee
VOTE
Buckner
Carver
Court
Dore
Foote
Lawrence
Lundeen
Pettersen
Salazar
Van Winkle
Willett
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


04:41 PM

Representative Lontine provided closing remarks in support of HB 15-1091. Various committee members provided their positions on the bill.
BILL:HB15-1091
TIME: 04:41:36 PM
MOVED:Court
MOTION:Refer House Bill 15-1091, as amended, to the Committee of the Whole. The motion passed on a vote of 8-5.
SECONDED:Buckner
VOTE
Buckner
Yes
Carver
No
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
No
Lundeen
No
Pettersen
Yes
Salazar
Yes
Van Winkle
No
Willett
No
Lee
Yes
Kagan
Yes
Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS