Date: 02/13/2006

Final
BILL SUMMARY for SB06-022

SENATE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Moved prepared amendment L.003 (Attachment A). Th
Refer SB 06-022 to the Committee on Appropriations		Pass Without Objection
PASS


01:45 PM -- Senate Bill 06-022

Senator Kester, prime sponsor, presented SB 06-022 concerning sexually violent predators (SVPs). The bill requires community notification for all sexually violent predators. It also expands the definition of "sexually violent predator" for purposes of community notification to include persons found to be sexually violent predators in other jurisdictions.

01:47 PM -- John Suthers, Colorado Attorney General, spoke in support of the bill. Mr. Suthers began by providing a historical background of sex offender registration in Colorado. He also defined the term "sexually violent predator" and what is required in order to designate an individual as such. Mr. Suthers discussed the Governor's Task Force on Sexually Violent Predators, which was created in June 2005 by executive order. The task force studied issues surrounding SVPs, including community notification, risk assessment, and altering the definition of SVP to include those who are convicted of such crimes in other states or jurisdictions, and made recommendations for change. Mr. Suthers talked about how the bill addresses the recommendations of the task force. The bill expands the definition of SVPs to include persons who are convicted of an attempt, solicitation, or conspiracy to commit specified sex offenses. The bill also expands the definition of conviction to include individuals who receive a verdict of guilty by a judge or jury, or receive a deferred judgment and sentence. Mr. Suthers responded to questions from the committee regarding the numbers of individuals who were released from the custody of the Department of Corrections without undergoing a standardized risk assessment. The committee discussed the fact that current law does not address SVPs from other jurisdictions who move to Colorado.

02:05 PM -- Jeanne Smith, Deputy Attorney General for the Criminal Justice Division, came to the table to answer questions regarding the SVP risk assessment that must be done prior to sentencing. Ms. Smith discussed the risk assessment loophole that the bill is attempting to close.

02:10 PM -- John Patterson, President of the Colorado Association of Police Chiefs, spoke in support of the bill. Chief Patterson also spoke in support of prepared amendment L.003 (Amendment A). In particular, Chief Patterson pointed out that the amendment allows for additional time to charge a SVP after the date of the arrest.

02:13 PM -- Peg Ackermann, Sheriff's Association of Colorado, spoke in support of the bill.

02:13 PM -- Cindy Cox, Mayor of the City of Florence, spoke in support of the bill. Ms. Cox discussed the need for the bill from a city government and citizen perspective.


02:15 PM

Senator Kester summarized his presentation. Jeanne Smith responded to questions from the committee regarding the constitutionality of arresting an individual without a warrant and holding that individual for five business days before charging them. Ms. Smith stated that the additional time is necessary in cases where an individual from another jurisdiction is involved.
BILL:SB06-022
TIME: 02:18:35 PM
MOVED:Shaffer
MOTION:Moved prepared amendment L.003 (Attachment A). The motion passed without objection.
SECONDED:
VOTE
Bacon
Dyer
Gordon
Mitchell
Traylor
Shaffer
Grossman
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB06-022
TIME: 02:19:42 PM
MOVED:Shaffer
MOTION:Refer SB 06-022 to the Committee on Appropriations, as amended, with a favorable recommendation. The motion passed on a unanimous roll call vote.
SECONDED:
VOTE
Bacon
Y
Dyer
Y
Gordon
Y
Mitchell
Y
Traylor
Y
Shaffer
Y
Grossman
Y
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: TIE



02:20 PM

Senator Grossman asked to work with Senator Kester and Attorney General Suthers on an amendment that will clarify the issue of the required risk assessment. Senator Kester indicated that he is amenable to such an amendment.


02:23 PM

Senator Grossman adjourned the committee.