House Committee on Judiciary (03/24/2015)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	03/24/2015	ATTENDANCE

Time:	01:30 PM to 03:50 PM	Buckner	X
		Carver	X
Place:	HCR 0112	Court	X
		DelGrosso	X
This Meeting was called to order by		Dore	*
	Representative Kagan	Foote	X
		Lundeen	X
This Report was prepared by		Pettersen	X
	Bo Pogue	Salazar	*
		Van Winkle	*
		Willett	X
		Lee	*
		Kagan	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB15-1272 SB15-182 HB15-1203		Postponed Indefinitely Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole

01:32 PM -- HB15-1272

The committee was called to order. A quorum was present. Representative Esgar, prime sponsor, presented House Bill 15-1272, concerning a prohibition on the use of the doctrine of laches to bar a claim timely filed under the statute of limitations. Representative Esgar explained the legal concept of laches, and discussed the effect of the bill. Representative Esgar explained why she wished to have the bill postponed indefinitely.


BILL:	HB15-1272
TIME:	01:34:53 PM
MOVED:	Kagan
MOTION:	Postpone House Bill 15-1272 indefinitely. The motion passed on a vote of 11-0.
SECONDED:	Pettersen
		VOTE
	Buckner	Yes
	Carver	Yes
	Court	Yes
	DelGrosso	Yes
	Dore	Yes
	Foote	Yes
	Lundeen	Yes
	Pettersen	Yes
	Salazar	Excused
	Van Winkle	Yes
	Willett	Yes
	Lee	Excused
	Kagan	Yes

Final YES: 11 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

01:36 PM -- SB15-182

Representatives Navarro and Esgar, prime sponsors, presented Senate Bill 15-182, concerning allowing the Department of Corrections (DOC) to transfer certain offenders to the Youthful Offender System (YOS) to participate in age-appropriate programs. Representative Navarro explained the effect of the bill, and discussed its benefits. Representative Esgar explained that certain youthful offenders are being held in out-of-state facilities, and noted that the bill would allow these offenders to be held in-state. Representative Esgar responded to questions regarding the population to be affected by the bill, and the effect of a forthcoming amendment. The following persons testified regarding SB 15-182:

01:41 PM -- Ms. Leslie Pagett, representing the Colorado Juvenile Defender Center, testified in opposition to the bill in its unamended form. Ms. Pagett suggested that rules promulgated under the bill could create a two-tiered system for the youthful offenders subject to the bill. Ms. Pagett responded to questions regarding the impact of creating such a two-tiered system. Ms. Pagett responded to further questions regarding her position on a forthcoming amendment to the bill, and potential changes for YOS inmates under the bill. Representative Navarro reiterated the effect of SB 15-182. Ms. Pagett discussed the autonomy of the DOC. Representative Esgar provided input on these issues. Ms. Pagett responded to questions regarding the potential for amending the bill to address the criteria for transferring youthful offenders from DOC to YOS, and the potential impact of making such transfers.

01:52 PM

Ms. Pagett responded to questions regarding the upper age limit of the offenders eligible for transfer under SB 15-182. Discussion returned to the implications of transferring offenders from DOC to YOS under the bill. Ms. Pagett discussed the steps an offender takes in the YOS system as compared to a DOC sentence. Discussion ensued regarding how sentences are applied for those subject to a program transfer under the bill.

02:00 PM

The committee recessed.

02:00 PM -- Mr. Mike Romero, representing the DOC, testified in support of the bill. Mr. Romero discussed the intent of transferring offenders between YOS and DOC, and the potential benefits of allowing such transfers. Mr. Romero responded to questions regarding who makes the choice to reassign offenders between DOC and YOS, and the criteria to be considered, such as offender age, sentence length, and offenses committed, when making transfers. Mr. Romero responded to further questions regarding consent on the part of a transferee to take part in a transfer under the bill. Discussion returned to the offenses committed by those subject to transfer under the bill, and sentencing length for transferees.

02:15 PM

Mr. Romero responded to questions regarding the relative ability and experience of DOC and YOS concerning the offender transfer process, and the program needs of these two populations. Discussion returned to the impact that transferring DOC offenders to YOS may have on YOS. Mr. Romero responded to questions regarding the length of stay of those that would be transferred under SB 15-182, and the benefits that would accrue to offenders transferred from DOC to YOS. Discussion ensued regarding the ability of youthful offenders to receive adequate educational services in DOC facilities, and the coexistence of violent and nonviolent offenders in certain facilities. Discussion followed regarding the level of offender violence that takes place in YOS facilities.

02:31 PM

Discussion returned to the criteria that will be considered in transferring youthful offenders from DOC to YOS. Discussion returned to the level of violence at YOS facilities, and the intent of the legislation. Mr. Romero responded to questions regarding the existence of violent offenders in YOS.

02:38 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, testified in support of the bill, as amended by a forthcoming amendment. Ms. Cain discussed the purpose of the YOS system since its inception, and changes over the years in the average age of the YOS population. She discussed legislation over the years affecting the YOS population, and the benefits of conducting programs in the YOS system. Ms. Cain discussed the disparate behavior of youthful offenders sentenced to DOC as compared to YOS, and the criteria to be considered in transferring offenders between the two systems under the bill.

02:48 PM

Representative Kagan explained the effect of amendment L.002 (Attachment A). Discussion ensued regarding the timing for adopting policies and procedures under amendment L.002. Ms. Cain returned to address this issue.

15HouseJud0324AttachA.pdf


BILL:	SB15-182
TIME:	02:48:26 PM
MOVED:	Kagan
MOTION:	Adopt amendment L.002 (Attachment A). The motion passed without objection.
SECONDED:	Buckner
		VOTE
	Buckner
	Carver
	Court
	DelGrosso
	Dore
	Foote
	Lundeen
	Pettersen
	Salazar
	Van Winkle
	Willett
	Lee
	Kagan

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

02:51 PM

Representatives Esgar and Navarro presented closing remarks in support of SB 15-182. Discussion ensued regarding the fiscal impact of the bill as amended.


BILL:	SB15-182
TIME:	02:52:44 PM
MOVED:	Salazar
MOTION:	Refer Senate Bill 15-182, as amended, to the Committee of the Whole. The motion passed on a vote of 13-0.
SECONDED:	Court
		VOTE
	Buckner	Yes
	Carver	Yes
	Court	Yes
	DelGrosso	Yes
	Dore	Yes
	Foote	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

02:54 PM -- HB15-1203

The committee recessed.

03:04 PM

The committee returned to order. Representative Rosenthal, prime sponsor, presented House Bill 15-1203, concerning earned time for certain offenders serving life sentences as habitual offenders. Representative Rosenthal explained the effect of the bill, and discussed the merits of the legislation. Representative Rosenthal discussed the offender population covered by the bill, and the effect of the bill on offender release. Representative Rosenthal explained the effect of a forthcoming amendment. The following persons testified regarding HB 15-1203:

03:10 PM -- Mr. Doug Wilson, representing the Colorado Criminal and Juvenile Justice Commission, testified in support of the bill. Mr. Wilson provided background on the issue addressed by the bill, and discussed the fiscal impact of the bill. Mr. Wilson responded to questions regarding the benefits of granting earned time to the population covered by the bill, and the types of sentences being served by this population. Discussion ensued regarding potential opposition to retroactively changing the terms of sentences for certain individuals.

03:22 PM

Mr. Wilson explained why the group of offenders affected by HB 15-1203 are not eligible for earned time. Representative Rosenthal discussed the schedule of possible paroles that would be triggered by the bill. Mr. Wilson addressed the issue of the legislature's inability to legislatively alter a criminal sentence. Mr. Wilson responded to questions regarding how earned time will be accounted for the affected population under HB 15-1203. Discussion returned to the parole schedule for certain offenders that may result under the bill, and the types of programs that trigger earned time accrual.

03:33 PM

Mr. Wilson responded to questions regarding the earned time that the offenders affected by the bill may earn retroactively. Discussion ensued regarding the parole process

03:43 PM -- Ms. Diana Tramutola-Lawson, representing Colorado CURE, testified in support of the bill. Ms. Tramutola-Lawson discussed the genesis of HB 15-1203, and a former student of hers that would be affected by the bill.

03:46 PM

Representative Rosenthal explained the effect of amendment L.002 (Attachment B).

15HouseJud0324AttachB.pdf


BILL:	HB15-1203
TIME:	03:47:36 PM
MOVED:	Court
MOTION:	Adopt amendment L.002 (Attachment B). The motion passed without objection.
SECONDED:	Salazar
		VOTE
	Buckner
	Carver
	Court
	DelGrosso
	Dore
	Foote
	Lundeen
	Pettersen
	Salazar
	Van Winkle
	Willett
	Lee
	Kagan

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

03:49 PM


BILL:	HB15-1203
TIME:	03:49:14 PM
MOVED:	Court
MOTION:	Refer House Bill 15-1203, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED:	Salazar
		VOTE
	Buckner	Excused
	Carver	Yes
	Court	Yes
	DelGrosso	Yes
	Dore	Yes
	Foote	Yes
	Lundeen	Yes
	Pettersen	Excused
	Salazar	Yes
	Van Winkle	Yes
	Willett	Yes
	Lee	Yes
	Kagan	Yes

Final YES: 11 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

03:50 PM

The committee adjourned.