House Committee on Judiciary (02/24/2015)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	02/24/2015	ATTENDANCE

Time:	01:33 PM to 03:20 PM	Becker K.	X
		Buckner	X
Place:	HCR 0112	Carver	X
		Court	X
This Meeting was called to order by		Dore	X
	Representative Kagan	Foote	X
		Lawrence	X
This Report was prepared by		Lundeen	X
	Bo Pogue	Salazar	X
		Van Winkle	X
		Willett	X
		Lee	X
		Kagan	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB15-1149 HB15-1042		Amended, Referred to Appropriations Amended, Referred to the Committee of the Whole

01:35 PM -- HB15-1149

The committee was called to order. A quorum was present. Representative Hamner, prime sponsor, presented House Bill 15-1149, concerning the respondent parents' counsel. Representative Hamner provided background on the Office of the Respondent Parents' Counsel (ORPC), and explained the effect of the bill. Representative Hamner also discussed the fiscal impact of the bill. The following people testified regarding HB 15-1149:

01:40 PM -- Ms. Amy Hendrickson, representing the Office of the State Court Administrator, testified in support of the bill. Ms. Hendrickson explained the role of respondent parent counsel, and discussed the work of a task force that made recommendations regarding the ORPC. Ms. Hendrickson responded to questions regarding how indigency is determined for legal counsel, and whether that determination will change under the bill.

01:42 PM -- Ms. Linda Weinerman, representing the Office of the Child's Representative, testified in support of the bill. Ms. Weinerman discussed her work on child welfare cases, and the importance of the function of the respondent parent counsel. She discussed the cost of providing this function. Ms. Weinerman responded to questions regarding the roles of various parties in a child welfare and neglect case, and guidelines for determining indigency.

01:49 PM

Representative Hamner explained the effect of prepared amendment L.001 (Attachment A).

15HouseJud0224AttachA.pdf


BILL:	HB15-1149
TIME:	01:50:10 PM
MOVED:	Kagan
MOTION:	Adopt amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:	Court
		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

01:50 PM


BILL:	HB15-1149
TIME:	01:51:24 PM
MOVED:	Lee
MOTION:	Refer House Bill 15-1149, as amended, to the Committee on Appropriations. The motion passed on a vote of 13-0.
SECONDED:	Court
		VOTE
	Becker K.	Yes
	Buckner	Yes
	Carver	Yes
	Court	Yes
	Dore	Yes
	Foote	Yes
	Lawrence	Yes
	Lundeen	Yes
	Salazar	Yes
	Van Winkle	Yes
	Willett	Yes
	Lee	Yes
	Kagan	Yes

Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: 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.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.pdf

15HouseJud0224AttachD.pdf


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