Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:04/03/2012
ATTENDANCE
Time:01:31 PM to 02:42 PM
DelGrosso
E
Duran
*
Place:HCR 0107
Kagan
X
Lee
*
This Meeting was called to order by
Nikkel
*
Representative Gardner B.
Pabon
*
Ryden
X
This Report was prepared by
Sonnenberg
X
Jessika Shipley
Waller
*
Barker
X
Gardner B.
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB12-1223
Briefing by the Independent Ethics Commission		Amended, Referred to Appropriations
Committee Discussion Only


01:32 PM -- House Bill 12-1223

Representative Levy, prime sponsor, presented House Bill 12-1223 concerning earned time for inmates. Current law allows most offenders in the custody of the Department of Corrections (DOC) to accrue earned time that shortens the length of their sentence by 10 to 12 days per month. Generally, an offender's sentence cannot be reduced by more than 30 percent, and an offender cannot accrue earned time after being reincarcerated following revocation of parole for a violation. The bill, recommended by the Joint Budget Committee, expands eligibility for earned time accrual to include offenders who were convicted for felony offenses that occurred on or after July 1, 1993, and who were reincarcerated under a parole revocation.

Additionally, the bill creates a new category of earned time called "achievement earned time," of which up to 60 days may be awarded to offenders who: successfully complete an educational, vocational, therapeutic, or re-entry program; or demonstrate exceptional conduct that promotes the safety of correctional staff, volunteers, contractors, or other persons under the supervision of the DOC.

Representative Levy made opening comments and distributed a fact sheet and prepared amendments L.003 and L.004 (Attachments A, B, and C, respectively). She responded to questions from the committee.

HseJud0403AttachA.pdf HseJud0403AttachB.pdf

HseJud0403AttachC.pdf









01:49 PM -- Christina Everist and Maureen O'Keefe, representing the DOC, testified in support of the bill. Ms. Everist explained the reasons the DOC supports the bill. She indicated that it enhances public safety and provides an incentive for offenders to engage in positive behavior. Ms. O'Keefe responded to questions from the committee about the IT programming changes that are needed to implement the bill. She also explained how the savings presented in the fiscal note will be realized.

02:01 PM -- Christie Donner, representing the Colorado Criminal Justice Reform Coalition, testified in support of the bill. Ms. Donner spoke about factors that lead to a reduction in the overall rates of recidivism and stated that the bill represents good public policy. She responded to questions from the committee.


02:06 PM

Representative Levy wrapped up her presentation of the bill. She responded to additional questions from the committee. The committee discussed the history of the DOC budget since FY 2004-05.
BILL:HB12-1223
TIME: 02:15:50 PM
MOVED:Ryden
MOTION:Adopt prepared amendment L.003 (Attachment B). The motion passed without objection.
SECONDED:Sonnenberg
VOTE
DelGrosso
Excused
Duran
Kagan
Lee
Nikkel
Pabon
Ryden
Sonnenberg
Waller
Barker
Gardner B.
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection















BILL:HB12-1223
TIME: 02:16:56 PM
MOVED:Ryden
MOTION:Adopt prepared amendment L.004 (Attachment C). The motion passed without objection.
SECONDED:Kagan
VOTE
DelGrosso
Excused
Duran
Kagan
Lee
Nikkel
Pabon
Ryden
Sonnenberg
Waller
Barker
Gardner B.
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection






























BILL:HB12-1223
TIME: 02:29:46 PM
MOVED:Waller
MOTION:WITHDRAWN: Adopt prepared amendment L.006 (Attachment D). The motion was withdrawn after discussion by the committee.

HseJud0403AttachD.pdf
SECONDED:Gardner B.
VOTE
DelGrosso
Excused
Duran
Kagan
Lee
Nikkel
Pabon
Ryden
Sonnenberg
Waller
Barker
Gardner B.
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION:




























02:29 PM

Representative Levy responded to further questions from the committee.
BILL:HB12-1223
TIME: 02:31:09 PM
MOVED:Ryden
MOTION:Refer House Bill 12-1223, as amended, to the Committee on Appropriations. The motion passed on a vote of 9-1, with 1 excused.
SECONDED:Kagan
VOTE
DelGrosso
Excused
Duran
Yes
Kagan
Yes
Lee
Yes
Nikkel
Yes
Pabon
Yes
Ryden
Yes
Sonnenberg
No
Waller
Yes
Barker
Yes
Gardner B.
Yes
Final YES: 9 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS


02:32 PM -- Briefing by the Independent Ethics Commission

Commissioner Dan Grossman, chair, and Jane Feldman, executive director, representing the Independent Ethics Commission (IEC), joined the committee to discuss issues raised by the House Judiciary Committee on February 9, 2012. Commissioner Grossman discussed the questions asked by Representatives Nikkel and Duran at the earlier briefing. He talked about the reasons the IEC feels that Ms. Feldman should travel around the state and provide training to various groups about what is and what is not permitted under Amendment 41. He admitted that training is not part of the commission's constitutional charge. He stressed that the IEC investigates, but does not prosecute, ethics complaints. He indicated that the commission has decreased its operating budget from the FY 2010-11 level.


02:42 PM

The committee adjourned.