Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:03/16/2006
ATTENDANCE
Time:01:37 PM to 06:53 PM
Boyd
X
Clapp
X
Place:SupCt
Decker
X
Gardner
X
This Meeting was called to order by
Hefley
X
Representative Carroll T.
Jahn
X
Judd
X
This Report was prepared by
McGihon
X
Jessika Shipley
Witwer
X
Carroll M.
*
Carroll T.
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB06-023
SB06-025
SB06-060
HB06-1315		Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
Referred to the Committee of the Whole
Amended, Referred to Appropriations


01:39 PM -- Senate Bill 06-023

Representative Vigil, sponsor, presented Senate Bill 06-23 concerning the placement of inmates classified higher than medium custody in private prisons. He distributed a fact sheet explaining what the bill does (Attachment A).

01:41 PM -- Gary Golder, Department of Corrections, spoke in favor of the bill. Mr. Golder stated that this bill is the result of an audit of the department. He explained the various sections of the bill. He discussed the situations in which high custody inmates could be placed in prisons outside of the state.
















BILL:SB06-023
TIME: 01:44:35 PM
MOVED:Decker
MOTION:Refer Senate Bill 06-23 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 9-1, with 1 excused.
SECONDED:Boyd
VOTE
Boyd
Yes
Clapp
Excused
Decker
Yes
Gardner
No
Hefley
Yes
Jahn
Yes
Judd
Yes
McGihon
Yes
Witwer
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES: 9 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS


01:46 PM -- Senate Bill 06-025

Representative Coleman, sponsor, presented Senate Bill 06-25 concerning modifications to the statute concerning unlawful ownership of a dangerous dog. The bill modifies the definition of a "dangerous dog" to allow prosecution for a first incident. It requires a person convicted of owning a dangerous dog to post a conspicuous sign on the building or enclosure in which the dog is kept warning others of the dangerous dog. The bill also specifies that the report concerning changes in a dog's status that a convicted dangerous dog owner must make to the Bureau of Animal Protection in the Department of Agriculture be in writing. The committee discussed the differences between this bill and House Bill 06-1057 by Representative Stafford. The committee held a lengthy discussion about the definition of a dangerous dog in the bill.

02:05 PM -- Todd Towell, Colorado Veterinary Medical Association, spoke in favor of the bill. Dr. Towell spoke about the process in current statute for dealing with matters relating to dangerous dogs. She addressed the need for consistency between Representative Coleman's and Representative Stafford's bills.

02:09 PM -- Anita Knudson, Coal Ridge Animal Hospital, spoke in favor of the bill. Dr. Knudson related a story of an employee who was attacked by three dogs. She discussed the loopholes in current law that allow dangerous dogs to go free after an attack.

02:13 PM -- Merissa Vasquez, private citizen, asked a question about the exclusions in the bill for working dogs.
BILL:SB06-025
TIME: 02:16:24 PM
MOVED:Decker
MOTION:Moved to amend the reengrossed bill on page 2, line 10, strike "inflict injury" and substitute "INFLICT BODILY OR SERIOUS BODILY INJURY". The motion passed without objection.
SECONDED:Carroll T.
VOTE
Boyd
Clapp
Decker
Gardner
Hefley
Jahn
Judd
McGihon
Witwer
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB06-025
TIME: 02:23:16 PM
MOVED:Carroll M.
MOTION:Refer Senate Bill 06-025, as amended to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 9-2.
SECONDED:Carroll T.
VOTE
Boyd
Yes
Clapp
Yes
Decker
Yes
Gardner
No
Hefley
Yes
Jahn
No
Judd
Yes
McGihon
Yes
Witwer
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS










02:24 PM -- Senate Bill 06-060

Representative T. Carroll, sponsor, presented Senate Bill 06-060 concerning the assertion by a garnishee of an exemption on behalf of a judgment debtor. The bill clarifies specifies that a garnishee is not required to assert an exemption on behalf of a judgment debtor.

02:27 PM -- John Buress, Independent Bankers of Colorado, spoke in favor of the bill. Mr. Buress stated that the Colorado Bankers Association also supports the bill. He made himself available for questions. He pointed out a current ambiguity in the law between garnishment of wages and garnishments of other types.
BILL:SB06-060
TIME: 02:32:48 PM
MOVED:Carroll T.
MOTION:Refer Senate Bill 06-060 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 11-0.
SECONDED:Boyd
VOTE
Boyd
Yes
Clapp
Yes
Decker
Yes
Gardner
Yes
Hefley
Yes
Jahn
Yes
Judd
Yes
McGihon
Yes
Witwer
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


02:34 PM -- House Bill 06-1315

Representative Hefley, prime sponsor, presented House Bill 06-1315 concerning juveniles who are convicted as adults of Class 1 felonies. The bill directs the court to sentence a juvenile convicted as an adult of a Class 1 felony to life imprisonment with the possibility of parole after serving 40 years. It establishes procedures for revoking and regranting parole and directs the warden of each facility to provide juveniles, even if they will not be eligible for parole or discharge, an opportunity for participation in treatment, programs, and services that is equal to the opportunities provided to inmates who will be eligible for parole or discharge. Representative Hefley talked about juveniles serving life without parole in Colorado. She stressed the need for reform in the area of juveniles convicted of Class 1 felonies. She discussed the development of the human brain, which is not fully developed until the age of 25. Representative Hefley cited a report from Human Rights Watch, which discusses the practice of sentencing juveniles to life without parole. She stressed that this bill provides only the opportunity for parole after 40 years served. It does not guarantee parole for anyone. She stated her belief that the majority of individuals who were convicted as juveniles and sentenced to life without parole will never have the opportunity to make it all the way to or through parole. Representative Hefley distributed a packet of information to the committee (Attachment B).





02:52 PM -- Tom Raynes, Colorado District Attorneys' Council, spoke in opposition to the bill. Mr. Raynes stated the willingness of district attorneys to discuss reform of the life without parole provisions, but not on the retroactivity provision. He noted that the bill eliminates life without parole for juveniles, making Colorado one of the most lenient states in terms of punishment for first degree murder. He stressed the fact that making this legislation retroactive is unconstitutional because commuting a sentence is something only the Governor can do.

03:03 PM -- Carol Chambers, Colorado District Attorneys' Council, spoke in opposition to the bill. Ms. Chambers discussed this as a community safety issue, rather than a punishment issue. She related a story about the evolution of psychiatry. She spoke about psychopaths and sociopaths who should not be allowed back into the community until medical science finds a way to cure that behavior. Ms. Chambers asked the committee to remember the loved ones of the victims of Class 1 felonies.

03:08 PM -- Scott Storey, Colorado District Attorneys' Council, spoke against the bill. Mr. Storey discussed his experience with individuals who display psychopathic or sociopathic behavior when committing Class 1 felonies. He spoke about the need for community resources to deal with mental health issues for juveniles. He stated his belief that rehabilitation does not actually exist in Colorado. Mr. Storey also noted that we have a relatively low number of youth offenders serving life without parole compared to the 41 other states that have such a law. He stressed that this is an issue of community safety and asked the committee to consider the victims of Class 1 felonies. Mr. Storey responded to questions from the committee regarding the likelihood of these offenders being granted parole. He noted that membership on the parole board changes. The committee had a lengthy discussion about treating juveniles differently than adults.

03:44 PM -- Don Quick, Colorado District Attorneys' Council, spoke in opposition to the bill. Mr. Quick stated that he came to testify against the retroactive provision of the bill. He offered the committee members access to his files if they want to know specific details of any of the cases of juveniles sentenced to life without parole. He related the details of several cases of juveniles who were convicted of Class 1 felonies. He spoke about his use of discretion in filing cases against juveniles. Mr. Quick discussed the process for changing or commuting a sentence. He cited a Supreme Court case , Solem v. Helm, that found that a sentence of life without parole and a sentence with the possibility of parole are two different things. Mr. Quick noted his belief that juveniles should be treated differently than adults and stated his willingness to discuss the issue of sentencing of juveniles. He referred to charts in the packet distributed to the committee by the Colorado District Attorneys' Council (Attachment C).

04:03 PM -- Mitch Morrissey, Colorado District Attorneys'' Council, spoke against the bill. Mr. Morrissey relating details of Class 1 felony cases in his district. He mentioned that Colorado gives these individuals several chances to appeal their cases. He discussed the constitutionality of the retroactive provision of the bill. Mr. Morrissey discussed the disservice done to the families of victims of Class 1 felonies by asking them to revisit these crimes multiple times. He stated his belief that the victims were not given a second chance.

04:19 PM -- Jerry Yeager, Denver Children's Home, spoke in favor of the bill. Dr. Yeager discussed mental health treatment of adolescents. He talked at length about child development.

04:30 PM -- Leslie Harvey, private citizen, spoke against the bill. Ms. Harvey related the details of her experience with a juvenile who committed a Class 1 felony.

04:33 PM -- Susan Moran, private citizen, spoke against the bill. Ms. Moran is the widow of a police officer who was murdered in 1995. She discussed the feelings she has every time she feels obligated to come testify in court or before the legislature. She believes that justice was served when the man who killed her husband was sentenced to life without parole.







04:37 PM -- Monica Goetch, private citizen, spoke against the bill. Ms. Goetch's son was murdered in 1991 and she asked the committee to leave the man who was convicted of her son's murder in prison. She related details of her family's experience in dealing with the crime. She urged the committee to consider the families of the victims.

04:45 PM -- Brad Higgins, private citizen, spoke against the bill. Mr. Higgins spoke about his grandmother who was murdered by a juvenile. He believes that the individual convicted of her grandmother's murder would pose a threat to his family and other elderly women.

04:48 PM -- Joe Cannata, private citizen, spoke in opposition to the bill. Mr. Cannata's daughter was murdered 12 years ago. The individual convicted of that crime was not sentenced to life without parole, but he believes that families who are told that offenders will be in prison for life deserve to have that promise upheld. Mr. Cannata mentioned that the man convicted of killing his daughter has never expressed remorse for the crime.

04:52 PM -- Bernard Foley, private citizen, spoke against the bill. Mr. Foley's grandson was murdered by a juvenile in 1996. He related details of his grandson's life and his murder. Mr. Foley stated his belief that the Denver Post misrepresented the facts of his grandson's case.

04:58 PM -- Helen McBain, private citizen, spoke in opposition to the bill. Ms. McBain's niece was killed. She asked the committee to consider the victims and their families. She stated her belief that this law would send a message to gang members that there are no consequences for their actions.

05:01 PM -- Jonathan Priest, Denver Police Department, spoke in opposition to the bill. He spoke to his history investigating violent crime and to the number of juveniles committing homicides. He provided the details of murders committed by juveniles.

05:08 PM -- Jocelan Martell, private citizen, spoke in opposition to the bill. Ms. Martell's son was killed by three juveniles. She objected a comment she attributed to Representative Hefley regarding fairness exhibited by victims in dealing with the individuals convicted of Class 1 felonies.

05:16 PM -- Judy Allwine, private citizen, spoke against the bill. Ms. Allwine's son was killed in 1990 by juvenile gang members. She provided details of her son's murder. The man convicted of her son's murder is eligible for parole in 2030. She stated her intent to keep him prison for as long as possible.

05:20 PM -- Judy Schneider, private citizen, spoke in opposition to the bill. Ms. Schneider cautioned the committee against thinking of the victims in the abstract. She stated that the victims are real people. She discussed the gravity of commutation of sentences and asked that it be left up to the Governor.

05:28 PM -- Colleen Foley, private citizen, spoke against the bill. Ms. Foley's nephew was murdered. She discussed the impact of Matthew Foley's death on her entire family. She urged the committee to think carefully about the message they want to send

05:32 PM -- Bruce Ryan, private citizen, spoke in opposition to the bill. Mr. Ryan was a friend of Matthew Foley's family. He asked the committee to consider the pain of the family of Matthew Foley. Mr. Ryan asked the committee to kill the bill for the victims.

05:35 PM -- Rick and Ira Caster, private citizens, spoke against the bill.

05:37 PM -- Teresa Spahn, Office of the Child's Representative, spoke in favor of the bill. Ms. Spahn stressed that this bill does nothing more than provide an option for convicted murderers to apply for parole. It does not guarantee parole for any individual. She discussed the development of the adolescent brain. Ms. Spahn noted that Colorado is a leader in the area of juvenile justice.



05:44 PM -- Carol Cossio, private citizen, spoke in opposition to the bill. Ms. Cossio's daughter was murdered in 1992. She urged the committee to consider victim's families.

05:47 PM -- Carla Bennett, League of Women Voters of Colorado, spoke in favor of the bill. Ms. Bennett stated her concern about the punitive turn taken in laws against juvenile criminals. She discussed the importance of reform.

05:52 PM -- Karen Ashby, Denver Juvenile Court, spoke in favor of the bill. Judge Ashby stated that she is not representing the state Judicial Department, but appeared to answer questions and provide historical context for some of these issues. She provided some historical background for the life without parole sentence and various reasons for creating the sentencing structure. Judge Ashby talked about various guidelines that exist to help with policy decisions on the issue of juvenile delinquency. She urged the committee to consider this as a public policy issue.

05:59 PM -- Robin Farrell, private citizen, spoke in favor of the bill. Ms. Farrell discussed the case of Josiah Ivy, who was convicted of felony murder.

06:08 PM -- Maureen Cain, Colorado Criminal Defense Bar, spoke in favor of the bill. Ms. Cain discussed the fact that the current law gives all of the power to the district attorneys. She pointed out that the parole board is not being trusted to use their discretion. She stated her belief that an individual cannot hide evidence of being a sociopath for 40 years. She also discussed the constitutionality of the retroactive provision of the bill. Ms. Cain discussed the intent of prepared amendment L.001 (Attachment D)
BILL:HB06-1315
TIME: 06:20:02 PM
MOVED:Hefley
MOTION:Moved prepared amendment L.001 (Attachment D). The motion passed without objection.
SECONDED:Judd
VOTE
Boyd
Clapp
Decker
Gardner
Hefley
Jahn
Judd
McGihon
Witwer
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


06:25 PM

The committee recessed briefly.






06:36 PM

The committee came back to order.
BILL:HB06-1315
TIME: 06:36:35 PM
MOVED:Hefley
MOTION:Moved prepared amendment L.002 (Attachment E). The motion passed without objection.
SECONDED:Judd
VOTE
Boyd
Clapp
Decker
Gardner
Hefley
Jahn
Judd
McGihon
Witwer
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


06:40 PM

Representative Hefley wrapped up her presentation of the bill. She reiterated testimony about the development of the adolescent brain. She talked about juvenile offenders' experience with childhood abuse. She stated her intent to give these offenders a reason to be and cooperate in their rehabilitation and redemption. She mentioned the issue of restorative justice. Members of the committee discussed the reasons for their votes.





















BILL:HB06-1315
TIME: 06:51:45 PM
MOVED:Hefley
MOTION:Refer House Bill 06-1315, as amended, to the Committee on Appropriations with a favorable recommendation. The motion passed on a vote of 7-4.
SECONDED:Boyd
VOTE
Boyd
Yes
Clapp
No
Decker
No
Gardner
No
Hefley
Yes
Jahn
Yes
Judd
Yes
McGihon
Yes
Witwer
No
Carroll M.
Yes
Carroll T.
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS



06:53 PM

Representative T. Carroll adjourned the committee.