Senate Committee on Judiciary (05/01/2006)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON JUDICIARY

Date:	05/01/2006	ATTENDANCE

Time:	01:41 PM to 02:36 PM	Bacon	X
		Dyer	X
Place:	SupCt	Gordon	X
		Mitchell	X
This Meeting was called to order by		Traylor	*
	Senator Grossman	Shaffer	X
		Grossman	X
This Report was prepared by
	Jessika Shipley
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB06-238 HB06-1315 HB06-1131		Postponed Indefinitely Referred to the Committee of the Whole Laid Over

01:41 PM -- Senate Bill 06-238

Senator Tochtrop, prime sponsor, asked the committee to postpone Senate Bill 06-238 indefinitely.


BILL:	SB06-238
TIME:	01:42:19 PM
MOVED:	Shaffer
MOTION:	Moved to postpone Senate Bill 06-238 indefinitely. The motion passed on a vote of 6-0.
SECONDED:
		VOTE
	Bacon	Yes
	Dyer	Yes
	Gordon	Yes
	Mitchell	Yes
	Traylor	Absent
	Shaffer	Yes
	Grossman	Yes
Final YES: 6 NO: 0 EXC: 0 ABS: 1 FINAL ACTION: PASS

01:43 PM -- House Bill 06-1315

Senator Gordon, sponsor, presented House Bill 06-1315 concerning juveniles who are convicted as adults of Class 1 felonies. The bill, as amended by the House of Representatives, allows juveniles 14 years of age and older convicted of Class 1 felonies to apply for parole after being imprisoned for 40 years. However, persons granted parole will remain in the legal custody of the Department of Corrections for life.

01:45 PM -- Joe Cannata, private citizen, spoke against the bill. Mr. Cannata's daughter was killed by a juvenile offender. He is less opposed to the bill now that the retroactivity portion has been removed.

01:46 PM -- Maureen Cain, Criminal Defense Bar, spoke in support of the bill. Ms. Cain mentioned that the bill has been altered significantly by removing the retroactivity provision. She explained that the bill gives the Parole Board the opportunity to consider an individual for parole after 40 calendar years. She stressed that the individuals affected by this bill will be observed closely by the Department of Corrections for 40 years.

01:50 PM -- Scott Storey, District Attorney for the 1st Judicial District, took a neutral position on the bill, provided it stays in its current form.

01:52 PM -- Carla Bennett, League of Women Voters, spoke in support of the bill. Ms. Bennett stated her concern about the increasingly punitive nature of laws affecting children. She discussed the development of the brains of juveniles. She talked about various juvenile justice issues, including direct filing and felony murder. Ms. Bennett stated her support for the bill because it represents a step forward in the search for rehabilitations and redemption for youth offenders.

01:55 PM -- Judy Schneider, private citizen, spoke in opposition to the bill. Ms. Schneider represented the family of Matthew Foley, who was shot and killed by a juvenile offender. She stated that the individual who killed Matthew Foley was adult enough to murder someone and he should be adult enough to serve life in prison without the possibility of parole. She stressed her belief that the Executive Branch should maintain the responsibility for commuting a sentence. Ms. Schneider talked about the loss experienced by Mr. Foley's family. She stated that the witnesses who testified against the bill to the House Judiciary Committee were treated with very little respect.

02:10 PM -- Dave Thomas, Colorado District Attorney's Council, took a neutral position on the bill as it is currently written. Mr. Thomas stated that a majority of district attorneys are neutral on the bill, but some are still in opposition. He expressed concerns with the annual review of parole revocation that appears on page 7, lines 15-19, of the bill. He responded to questions from the committee about whether this provision represents disagreement with the sponsors of the bill or simply something that was overlooked.

02:17 PM -- Teresa Spahn, Office of the Child's Representative, spoke in support of the bill. Ms. Spahn discussed her involvement with direct file cases against juvenile offenders. She talked about the development of the adolescent brain. She stated that certain individuals who commit serious crimes should never be considered for parole, but that is not the case in every situation. She offered the facts of a case of a young man that she believes should be reconsidered.

02:24 PM

Senator Gordon wrapped up his presentation of the bill. Committee members discussed their positions on the bill.


BILL:	HB06-1315
TIME:	02:28:30 PM
MOVED:	Mitchell
MOTION:	Moved to amend the House Bill 06-1315, page 7, line 16, strike lines 16-19 and substitute "PAROLE, THE STATE BOARD OF PAROLE MAY REVIEW THE INMATE'S STATUS AS PROVIDED BY SECTION 17-22.5-404.". The motion failed on a vote of 3-4.
SECONDED:
		VOTE
	Bacon	No
	Dyer	Yes
	Gordon	No
	Mitchell	Yes
	Traylor	Yes
	Shaffer	No
	Grossman	No
Not Final YES: 3 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB06-1315
TIME:	02:31:03 PM
MOVED:	Gordon
MOTION:	Refer House Bill 06-1315 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 4-3.
SECONDED:
		VOTE
	Bacon	Yes
	Dyer	No
	Gordon	Yes
	Mitchell	No
	Traylor	No
	Shaffer	Yes
	Grossman	Yes
Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:31 PM -- House Bill 06-1131

Senator McElhany, sponsor, presented House Bill 06-1131 concerning persons who provide surety to a court for a defendant that has been taken into custody. He asked the committee to lay the bill over until Wednesday, May 3, 2006.

02:35 PM

Senator Shaffer adjourned the committee.