Final
BILL SUMMARY for
HB05-1029
HOUSE
COMMITTEE ON
JUDICIARY
Votes:
Action Taken:
Move Amendment L.002 (Attachment C). The motion p
Refer HB 05-1029, as amended, to the Committee on
Pass Without Objection
PASS
11:17 AM -- House Bill 05-1029
Representative T. Carroll called the committee to order. Representative Massey, the prime sponsor of HB 05-1029, Concerning the Addition of Portable Electronic Communication Devices to the List of Items That Constitute Contraband for the Purposes of the Crime of Introducing Contraband in the Second Degree, summarized the bill's provisions. Committee members were provided with a memorandum from the Joint Budget Committee Staff regarding inmates in private prisons (Attachment A) and information from the Department of Corrections (DOC) regarding electronic communication devices as contraband (Attachment B). Representative Massey responded to questions from the committee about the bill's provisions and purpose.
The following people testified on the bill:
11:23 AM --
Mr. L.D. Hay, representing the Department of Corrections, spoke in favor of the bill. In response to questions from the committee, he clarified that the DOC is targeting any communication device that is capable of transmitting any type of signal, not just cell phones.
11:27 AM
The committee recessed briefly to review the language of Section 18-8-204 (2)(l), C.R.S.
11:28 AM
The committee reconvened. Representative Massey explained that enforcement of this statute with regard to electronic communications devices is not uniform in the DOC because of the statute's broad language. In response to questions from the committee, Mr. Hay described the phone services currently available to most offenders and noted that phone privileges vary by offender custody classification. Thus, the higher the custody classification of an inmate, the less phone time the offender has. Mr. Hay stated that the definition of contraband also varies by facility security level.
11:41 AM --
Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, did not take a position on the bill. However, she noted that some offenders are required to have cell phones for the purpose of communication with parole officers or other corrections officials, and she suggested that the bill's provisions be modified to allow for this.
11:44 AM
The chairman closed public testimony and laid the bill over for action following the committee's consideration of HB 05-1078. He asked the bill sponsor and the drafter to work on an amendment to address the concern raised by Ms. Cain.
11:59 AM
The committee members began considering amendments to the bill and were provided with Amendment L.002 (Attachment C).
BILL:
HB05-1029
TIME:
12:00:08 PM
MOVED:
McGihon
MOTION:
Move Amendment L.002 (Attachment C). The motion passed without objection.
SECONDED:
Hefley
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final
YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
Pass Without Objection
12:01 PM
Representative Massey made closing comments on the bill.
BILL:
HB05-1029
TIME:
12:01:56 PM
MOVED:
Hefley
MOTION:
Refer HB 05-1029, as amended, to the Committee on Appropriations. The motion carried unanimously on a vote of 11-0.
SECONDED:
Boyd
VOTE
Boyd
Yes
Brophy
Yes
Decker
Yes
Harvey
Yes
Hefley
Yes
Jahn
Yes
Judd
Yes
Kerr
Yes
McGihon
Yes
Carroll M.
Yes
Carroll T.
Yes
Final
YES:
11
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
PASS
12:02 PM
The committee adjourned.