House Committee on Judiciary (02/17/2015)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	02/17/2015	ATTENDANCE

Time:	01:32 PM to 05:22 PM	Buckner	X
		Carver	X
Place:	HCR 0112	Court	X
		Dore	X
This Meeting was called to order by		Foote	X
	Representative Kagan	Lawrence	X
		Lundeen	X
This Report was prepared by		Pettersen	X
	Bo Pogue	Salazar	X
		Van Winkle	X
		Willett	*
		Lee	X
		Kagan	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB15-1153 HB15-1091 HB15-1019		Referred to Appropriations Amended, Referred to the Committee of the Whole Amended, Referred to Appropriations

01:33 PM -- HB15-1153

The committee was called to order. A quorum was present. Representative Young, prime sponsor, presented House Bill 15-1153, concerning oversight of child and family investigators. Committee members received a synopsis of the bill and its fiscal impact, prepared by Joint Budget Committee Staff (Attachment A). Representative Young explained the effect of the bill, noting that it is a Joint Budget Committee-sponsored bill. Representative Young responded to questions regarding why child and family investigators are overseen by multiple state offices. The following persons testified regarding the bill:

15HouseJud0217AttachA.pdf

01:38 PM -- Mr. Steven Vasconcellos, representing the Office of the State Court Administrator, testified in support of the bill.

01:39 PM -- Ms. Linda Weinerman, representing the Office of the Child's Representative, testified in support of the bill. Ms. Weinerman explained why her office and the Office of the State Court Administrator have separate oversight responsibilities over child and family investigators based on their attorney status. Discussion ensued regarding her office's responsibilities in the area of adjudicating complaints about child and family investigators over which the office has oversight, and the complaint process overseen by the Office of the State Court Administrator.

01:46 PM

No amendments were offered to HB 15-1153. Representative Young provided closing remarks in support of the bill.


BILL:	HB15-1153
TIME:	01:46:55 PM
MOVED:	Salazar
MOTION:	Refer House Bill 15-1153 to the Committee on Appropriations. The motion passed on a vote of 12-0.
SECONDED:	Court
		VOTE
	Buckner	Yes
	Carver	Yes
	Court	Yes
	Dore	Yes
	Foote	Yes
	Lawrence	Yes
	Lundeen	Yes
	Pettersen	Yes
	Salazar	Yes
	Van Winkle	Yes
	Willett	Excused
	Lee	Yes
	Kagan	Yes

Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: 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.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.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

04:45 PM -- HB15-1019

Representative Lundeen, prime sponsor, presented House Bill 15-1019, concerning prostitution by a minor, and, in connection therewith, minors who are victims of human trafficking. Representative Lundeen provided background on the issue of human trafficking, and explained the benefits of providing immunity for minors from criminal prosecution from prostitution. Representative Lundeen explained the effect of the bill, as amended by prepared amendment L.002 (Attachment D), a strike-below amendment. Representative Lundeen responded to questions regarding the difference between providing an affirmative defense against a prostitution charge and providing immunity from the charge, as outlined by the amendment.

15HouseJud0217AttachD.pdf

04:53 PM

The following persons testified regarding HB 15-1019:

04:53 PM -- Ms. Janet Drake, representing the Department of Law, testified in support of the bill. Ms. Drake discussed her work in the area of human trafficking, as well as the work of the Human Trafficking Council. She explained how the strike-below amendment will allow the council to continue its work on the issue. Ms. Drake responded to questions regarding certain potential drawbacks to creating a blanket immunity for children who are victims of commercial sexual exploitation.

05:00 PM -- Mr. Tom Raynes, representing the Colorado District Attorneys' Council, and Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, testified in support of amendment L.002. Ms. Cain discussed the deliberations of the Human Trafficking Council. Mr. Raynes addressed earlier questions about concerns with blanket immunity. Discussion ensued regarding the charge of the council under the bill, and the separation of criminal activity from victimization under the immunity claim.

05:08 PM -- Ms. Kim Dvorchak, representing the Colorado Juvenile Defender Center, testified in support of the bill. Ms. Dvorchak discussed inconsistencies in current law with respect to charging minors with prostitution.

05:10 PM -- Ms. Kimberly Love, representing the League of Women Voters, testified in support of the bill. Ms. Love discussed the need to concentrate on human trafficking and its victims, and noted that child prostitutes are classified as victims by the federal government. Ms. Love explained how victims of human trafficking are used to victimize others, and noted disparities in public perception between child prostitution victims and those who solicit the victims.

05:15 PM

Representative Lundeen explained the effect of prepared amendment L.002. Discussion ensued regarding the merits of the amendment.


BILL:	HB15-1019
TIME:	05:16:34 PM
MOVED:	Lundeen
MOTION:	Adopt amendment L.002 (Attachment D). The motion passed without objection.
SECONDED:	Court
		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

05:20 PM

Representative Lundeen provided closing remarks in support of HB 15-1019.


BILL:	HB15-1019
TIME:	05:21:13 PM
MOVED:	Lundeen
MOTION:	Refer House Bill 15-1019, as amended, to the Committee on Appropriations. The motion passed on a vote of 13-0.
SECONDED:	Van Winkle
		VOTE
	Buckner	Yes
	Carver	Yes
	Court	Yes
	Dore	Yes
	Foote	Yes
	Lawrence	Yes
	Lundeen	Yes
	Pettersen	Yes
	Salazar	Yes
	Van Winkle	Yes
	Willett	Yes
	Lee	Yes
	Kagan	Yes

Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:22 PM

The committee adjourned.