House Committee on Judiciary (02/03/2005)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	02/03/2005	ATTENDANCE

Time:	01:40 PM to 08:23 PM	Boyd	X
		Brophy	X
Place:	SupCt	Decker	X
		Harvey	X
This Meeting was called to order by		Hefley	X
	Representative Carroll T.	Jahn	X
		Judd	X
This Report was prepared by		Kerr	X
	Jennifer Moe	McGihon	*
		Carroll M.	X
		Carroll T.	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB05-1157 HB05-1034 HB05-1109 HB05-1141 HB05-1175 HB05-1095		Postponed Indefinitely Amended and Referred to the Committee of the Whole Witness Testimony Only Amended and Referred to the Committee of the Whole Amended and Referred to the Committee on Finance Postponed Indefinitely

01:41 PM -- House Bill 05-1157

The chairman called the committee to order. He asked the witnesses, bill sponsors, and committee members to be brief and concise in order to get through the calendar. Representative Riesberg, the prime sponsor of HB 05-1157, Concerning Judicial Discretion to Deny a Supplemental Evaluation Related to the Allocation of Parental Responsibilities in a Domestic Relations Proceeding Based on the Best Interests of the Child, summarized the bill's provisions. He responded to questions from the committee regarding the cost of investigations.

The following people testified on the bill:

01:45 PM -- Mr. Mike Baran, representing himself, spoke in opposition to the bill. He responded to questions and comments from the committee.

01:58 PM -- Ms. Gina Weitzenkorn, representing the Family Law Section of the Colorado Bar Association, spoke in support of the bill. She answered questions from the committee regarding the training necessary to become a special advocate.

02:04 PM -- Ms. Sue Waters, representing herself as a therapist, spoke in support of the bill. She responded to questions from the committee concerning approving or denying further evaluations.

02:11 PM -- Ms. Teresa Spahn, representing a multi-disciplinary group of which the Office of the Child's Representative is a member, spoke in support of the bill. She answered questions about opportunities in the process for either party to appeal the special advocate's recommendation or to replace the special advocate.

02:15 PM -- Ms. Laurie Brummel, representing herself, spoke in opposition to the bill. She responded to questions from the committee regarding the judge's discretion based on current law.

02:20 PM

The chairman closed the public testimony portion of the hearing. No amendments were offered by the committee or the bill sponsor. Committee members discussed the accountability of the current system and the extent to which the bill addresses this issue. Representative Riesberg made closing comments on the bill.


BILL:	HB05-1157
TIME:	02:23:43 PM
MOVED:	Judd
MOTION:	Refer HB 05-1157 to the Committee of the Whole. The motion failed on a vote of 4-6-1.
SECONDED:	Carroll M.
		VOTE
	Boyd	Yes
	Brophy	No
	Decker	No
	Harvey	No
	Hefley	No
	Jahn	Yes
	Judd	No
	Kerr	No
	McGihon	Excused
	Carroll M.	Yes
	Carroll T.	Yes
Not Final YES: 4 NO: 6 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:	HB05-1157
TIME:	02:25:00 PM
MOVED:	Carroll T.
MOTION:	Postpone indefinitely HB 05-1157. The motion carried on a vote of 6-4-1.
SECONDED:	Brophy
		VOTE
	Boyd	No
	Brophy	Yes
	Decker	Yes
	Harvey	Yes
	Hefley	Yes
	Jahn	No
	Judd	Yes
	Kerr	Yes
	McGihon	Excused
	Carroll M.	No
	Carroll T.	No
Final YES: 6 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:26 PM -- House Bill 05-1034

Representative Stafford, the prime sponsor of HB 05-1034, Concerning the Creation of a Competency-to-Proceed Statute For Juvenile Delinquency Actions, came to the table to present her bill. Committee members were provided with a fact sheet on the bill (Attachment A), amendment L.001 (Attachment B), amendment L.002 (Attachment C), and amendment L.004 (Attachment D). Representative Stafford gave the committee some background on the bill and an overview of the bill's provisions. The chairman granted the bill sponsor and witnesses permission to speak about amendments L.001, L.002, and L.004 prior to them being moved by a member of the committee (see below for action on these amendments).

The following persons testified on the bill:

02:30 PM -- Mr. Ray Slaughter, representing the Task Force Studying the Treatment of Persons with Mental Illness Who Are Involved in the Justice System, spoke about the bill's provisions and the need for the bill. He clarified that the bill only addresses competency to proceed with trial, not insanity defenses.

02:35 PM -- Judge Karen Ashby, representing the Juvenile Subcommittee of the Task Force Studying the Treatment of Persons with Mental Illness Who Are Involved in the Justice System, walked the committee through the bill's provisions. In her presentation, Judge Ashby distinguished between the procedures for determining the competency of juveniles, juveniles who are direct filed on, and adults. She also explained the rationale behind each of the main provisions.

02:50 PM -- Mr. Slaughter described the provisions of amendments L.002 and L.004.

02:51 PM -- Dr. Patricia Ross, representing the Citizens Commission on Human Rights, spoke in opposition to the bill.

02:59 PM -- Ms. Pamela Wakefield, representing the Colorado District Attorney's Council, spoke in support of the bill.

03:00 PM -- Dr. Richard Martinez, representing the Colorado Psychiatric Society and the Department of Psychiatry at the University of Colorado Health Sciences Center, spoke in support of the bill and offered to address any questions about the methods used to determine competency or measures of accountability for those administering competency evaluations.

03:03 PM -- Dr. George Kolousek, representing the Colorado Psychiatric Society and the Colorado Psychological Association, spoke in favor of the bill with amendment L.001.

03:04 PM -- Ms. Peg Ackerman, representing the County Sheriffs of Colorado, spoke in support of the bill and amendments on behalf of Mr. George Epp, Executive Director, who is out of town.

03:05 PM -- Ms. Lynnae Flora, representing Jefferson County and Colorado Counties Incorporated, spoke in support of the bill but noted the expense associated with bringing these juveniles into the social services system.

03:07 PM -- Mr. Matthew Flora, representing the Colorado Department of Human Services, spoke in support of the bill.

03:08 PM -- Judge Ashby returned to the table to respond to questions from the committee regarding the overarching need for the bill and changes that the bill makes to current law and practice.

03:12 PM

The chairman closed the public testimony portion of the hearing, and the committee began considering amendments.


BILL:	HB05-1034
TIME:	03:12:37 PM
MOVED:	Boyd
MOTION:	Move amendment L.001 (Attachment B). The motion passed without objection.
SECONDED:	Carroll M.
		VOTE
	Boyd
	Brophy
	Decker
	Harvey
	Hefley
	Jahn
	Judd
	Kerr
	McGihon	Excused
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB05-1034
TIME:	03:13:07 PM
MOVED:	Carroll M.
MOTION:	Move amendment L.002 (Attachment C). The motion passed without objection.
SECONDED:	Boyd
		VOTE
	Boyd
	Brophy
	Decker
	Harvey
	Hefley
	Jahn
	Judd
	Kerr
	McGihon	Excused
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB05-1034
TIME:	03:13:38 PM
MOVED:	Boyd
MOTION:	Move amendment L.004 (Attachment D). The motion passed without objection.
SECONDED:	Brophy
		VOTE
	Boyd
	Brophy
	Decker
	Harvey
	Hefley
	Jahn
	Judd
	Kerr
	McGihon	Excused
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

03:14 PM

Representative Stafford made closing comments on the bill.


BILL:	HB05-1034
TIME:	03:15:29 PM
MOVED:	Boyd
MOTION:	Refer HB 05-1034, as amended, to the Committee of the Whole.
SECONDED:	Jahn
		VOTE
	Boyd	Yes
	Brophy	Yes
	Decker	Yes
	Harvey	Yes
	Hefley	Yes
	Jahn	Yes
	Judd	Yes
	Kerr	Yes
	McGihon	Excused
	Carroll M.	Yes
	Carroll T.	Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:16 PM -- House Bill 05-1109

The chairman announced that testimony on HB 05-1109 would be limited to one hour for proponents and one hour for opponents. Representative Hefley, the prime sponsor of HB 05-1109, Concerning Juveniles Who Are Charged As Adults, described the issue at hand and summarized the bill's provisions. Committee members were provided with statistics on juvenile offenders (Attachment E), points in opposition to the bill, prepared by the Colorado District Attorney's Council (Attachment F), a comparison of facts related to three cases involving vehicular homicide, prepared by Ms. Linda Mitchell (Attachment G), and a folder of information from multiple sources, including the Pendulum Foundation, Human Rights Watch, and the Texas Youth Commission (Attachment H). The chairman gave the bill sponsor permission to speak to amendments prior to them being offered by the committee (no action was taken on amendments at the hearing). Committee members were provided with amendments L.001 (Attachment I), L.002 (Attachment J), L.005 (Attachment K), L.006 (Attachment L), L.008 (Attachment M), and L.009 (Attachment N).

The following persons testified on the bill:

03:35 PM -- Mr. Bob Grant, representing the Colorado District Attorney's Council, spoke in opposition to the bill. He introduced several district attorneys, including Mary Keenan (Boulder County), Larry Abrahamson (Larimer County), Don Quick (Adams County and Broomfield County), Carol Chambers (Arapahoe County), and Scott Storey (Jefferson County), who were also in attendance to indicate their opposition to the bill.

03:41 PM -- Ms. Susan Leimen Moran, representing herself, spoke in opposition to the bill and responded to questions from the committee. She described how her husband, a police officer, was brutally murdered by a youth. Ms. Moran also mentioned her concern about the difficulty of assuring her son of his safety from violent offenders and of attending parole hearings indefinitely, should this bill pass.

03:43 PM -- Mr. Dave Wohlers, representing himself, spoke in opposition to the bill and discussed the violent youths who killed his father, a state patrol officer.

03:45 PM -- Mr. John Newsome, representing district attorneys, El Paso County as its District Attorney, and law enforcement in the Pikes Peak region, spoke in opposition to the bill. He described several cases involving violent juvenile offenders and responded to questions from the committee regarding the current status of some of these convicted offenders. Mr. Grant mentioned that two of the offenders were in administrative segregation due to non-compliance in the Colorado Department of Corrections (DOC). Discussion ensued between the witnesses and committee members regarding the juvenile justice and social services systems.

04:06 PM -- Mr. Mitch Morrissey, representing the city of Denver as its District Attorney, spoke in opposition to the bill. He described several cases in which juveniles committed violent crimes that were deliberate and planned. He also suggested the bill would have a negative impact on the existing Youthful Offender System (YOS). He responded to questions from the committee.

04:24 PM -- Mr. Don Quick, representing Adams and Broomfield counties as their District Attorney, spoke in opposition to the bill. He explained how the bill would make major changes to the current juvenile system and stressed that these changes should only be made following thorough studies based on hard data. He responded to questions from the committee regarding the possibility of monitoring the rehabilitation of juvenile offenders who are sentenced to YOS or DOC.

04:30 PM -- Mr. Doug Darr, representing the County Sheriffs of Colorado, voiced opposition to the bill. He spoke from the perspective of law enforcement regarding violent crime and its impact on victims, regardless of whether the perpetrator is an adult or a juvenile. He responded to questions from the committee regarding opportunities for assessing the rehabilitation of violent juvenile offenders.

04:41 PM -- Mr. Steven Siegel, representing the Colorado Organization for Victim Assistance, spoke in opposition to the bill. He cited several problems that some of the bill's provisions would present to victims and their families.

04:45 PM -- Ms. Jeaneene Miller, representing the Department of Corrections (DOC), spoke in opposition to the bill. She discussed the mission and success of YOS as it stands under current law. She also mentioned that the community corrections programs were not designed to support these types of offenders, and that adding these offenders to the population would stretch resources and diminish the efficacy of the programs.

04:54 PM

The chairman announced that, in the interest of fairness, the proponents would be allotted one hour twenty minutes for their testimony.

04:55 PM -- Mr. Hal Gaither, representing himself, spoke about the bill. Having served as a Texas juvenile court judge for 13 years, he described the structure and success of the Texas juvenile justice system. He responded to questions and comments from the committee about the types of offenders who succeeded in the Texas system.

05:19 PM -- Mr. Richard Mijares, representing himself, spoke in support of the bill. He responded to questions from the committee regarding his sentence to the DOC and the benefits of the programs and services in which he participated.

05:33 PM -- Ms. Pat Robinson, representing herself, spoke in support of the bill. She described her experience as the mother of a victim who was brutally raped and murdered and of her subsequent involvement with victims, and later, violent youth offenders in order to promote healing and rehabilitation.

05:39 PM -- Mr. Bill Groom, representing Cynergetics, a restorative justice organization, spoke in support of the bill. He spoke about his own experience in prison and how this translated into a search for ways to help juvenile offenders take responsibility for their actions.

05:45 PM -- Ms. Diane Tramutola-Lawson, representing the Colorado CURE (Citizens United for the Rehabilitation of Errants), spoke in support of the bill.

05:47 PM -- Mr. Tex Freeman, representing himself, and Mr. Bill Adlong, representing himself, spoke in support of the bill. They discussed their work in prison to help rehabilitate juvenile offenders and stressed that, given the choice, some juveniles do change their lives.

05:54 PM -- Ms. Tamra Drake, representing the Pendulum Foundation, was joined by Mary Ellen Johnson to speak in support of the bill. She told the committee about her experience as an offender and post-rehabilitation.

06:00 PM -- Mr. Robert Wirtz, representing the Pendulum Foundation, spoke in support of the bill. He described his experience in prison and discussed how the bill provides hope and incentive for juvenile offenders to change their lives if they so choose.

06:06 PM -- Ms. Linda Mitchell, representing herself and her nephew Dietrick Mitchell who is incarcerated for life without parole, spoke in support of the bill and answered questions from the committee.

06:15 PM -- Mr. Steve Billings, representing the Pendulum Foundation, spoke in support of the bill. He estimated the cost savings associated with the bill.

06:19 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, spoke in support of the bill and responded to the arguments of several opponents of the bill.

Three individuals signed up to testify in favor of the bill, but did not speak before the committee:
Mr. Victor Lewis, representing himself;
Ms. Michelle Smith, representing herself, and;
Mr. Donald Batson, representing himself.

06:26 PM

The chairman closed public testimony. Representative Hefley made closing comments on the testimony. The chairman then announced that the bill would lay over to Tuesday, February 8 for action only. He formed an ad hoc subcommittee comprised of Representatives Hefley, Jahn, and McGihon to consider the testimony of both sides and attempt to work out a compromise on the bill.

06:32 PM

The committee recessed.

06:49 PM -- House Bill 05-1141

The committee reconvened. Representative Harvey, the prime sponsor of HB 05-1141, Concerning Defining Child Abuse to Include the Circumstance in Which a Child Tests Positive at Birth for Certain Controlled Substances, explained how the bill came to him and summarized the bill's provisions. He answered questions from the committee. Committee members were provided with a fact sheet on the bill, prepared by Ms. Tonya Wheeler, and her written testimony (Attachment O), the written testimony of Ms. Olivia Estep (Attachment P), amendments L.001 (Attachment Q) and L.004 (Attachment R). The chairman gave permission for the members to speak about the amendments before they are moved (see action on amendments below).

The following people testified on the bill:

06:57 PM -- Judge Brian Boatright, representing the adoption community, spoke in support of the bill. He answered questions from the committee regarding how testing for controlled substances might be initiated in court and the approximate number of cases involving methamphetamine abuse.

07:09 PM -- Ms. Peg Long, representing the Colorado Association of Family and Children's Agencies, spoke about amendment L.001. She and Judge Boatright responded to questions from the committee regarding amendment L.004.

07:20 PM -- Ms. Long testified in support of the bill, but noted a concern with the language regarding the criteria for termination of parental rights. A few minutes later, committee members were provided with amendment L.005 (Attachment S).

07:24 PM -- Ms. Olivia Estep, representing Addiction Research and Treatment Services, spoke in opposition to the bill.

07:30 PM -- Ms. Tonya Wheeler, representing Advocates for Recovery and herself, spoke in opposition to the bill. Representative Harvey responded to questions from the committee.

07:35 PM -- Ms. Carla Bennett, representing the Colorado League of Women Voters and Colorado Adoptive Families, voiced her concerns with the bill but did not take a position on the bill.

07:39 PM -- Judge Karen Ashby, representing herself, mentioned her concerns with the bill.

07:46 PM

The chairman closed the public testimony portion of the hearing, and the committee began considering amendments.


BILL:	HB05-1141
TIME:	07:47:09 PM
MOVED:	Harvey
MOTION:	Move Amendment L.001 (Attachment Q). The motion passed without objection.
SECONDED:	Boyd
		VOTE
	Boyd
	Brophy
	Decker
	Harvey
	Hefley
	Jahn
	Judd
	Kerr
	McGihon	Excused
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB05-1141
TIME:	07:47:54 PM
MOVED:	Harvey
MOTION:	Move Amendment L.005, as amended (Attachment S). The motion passed without objection.
SECONDED:	McGihon
		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


BILL:	HB05-1141
TIME:	07:49:01 PM
MOVED:	Harvey
MOTION:	Amend L.005, page 3, after "intake", insert "of". The motion passed without objection.
SECONDED:	McGihon
		VOTE
	Boyd
	Brophy
	Decker
	Harvey
	Hefley
	Jahn
	Judd
	Kerr
	McGihon	Excused
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

07:54 PM

Several members made comments.


BILL:	HB05-1141
TIME:	07:54:17 PM
MOVED:	Harvey
MOTION:	Refer HB 05-1141, as amended, to the Committee of the Whole. The motion carried unanimously on a vote of 11-0.
SECONDED:	Hefley
		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

07:55 PM -- House Bill 05-1175

Representative Hodge, the prime sponsor of HB 05-1175, Concerning the Use of Criminal History Record Information for Emergency Placement of Children in Cases of Dependency or Neglect, summarized the bill's provisions.

The following people testified on the bill:

07:57 PM -- Ms. Andi Leopoldus, representing the Child Placement Agency Network, spoke in support of the bill.

07:59 PM -- Ms. Connie Lynn, representing the Adams County Social Services Department, spoke in support of the bill.

08:02 PM -- Judge Chris Melonakis, representing Adams County District Court, spoke in support of the bill.

08:06 PM -- Mr. Dan Kelley, representing the Thornton Police Department, spoke in support of the bill. Committee members were provided with Amendment L.002 (Attachment T).

08:07 PM -- Ms. Peg Long, representing the Colorado Association of Family and Children's Agencies, spoke in support of the bill.

08:09 PM

The chairman closed the public testimony portion of the hearing, and the committee began considering amendments.


BILL:	HB05-1175
TIME:	08:10:58 PM
MOVED:	Boyd
MOTION:	Move Amendment L.002 (Attachment T). The motion passed without objection.
SECONDED:	McGihon
		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

08:11 PM

Representative Judd asked the sponsor about the fiscal impact.


BILL:	HB05-1175
TIME:	08:13:55 PM
MOVED:	Hefley
MOTION:	Refer HB 05-1175, as amended, to the Committee on Finance. The motion carried on a vote of 10-0-1.
SECONDED:	Boyd
		VOTE
	Boyd	Yes
	Brophy	Yes
	Decker	Excused
	Harvey	Yes
	Hefley	Yes
	Jahn	Yes
	Judd	Yes
	Kerr	Yes
	McGihon	Yes
	Carroll M.	Yes
	Carroll T.	Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

08:15 PM -- House Bill 05-1095

Representative M. Carroll, the prime sponsor of HB 05-1095, Concerning Making Insurers Defendants in Negligence Actions Brought Against Insureds, described the problem that the bill was intended to address. Committee members were provided with information about the problem and the bill (Attachment U) and Rule 411 (Attachment V). Following her remarks, Representative M. Carroll requested that the bill be postponed indefinitely.


BILL:	HB05-1095
TIME:	08:22:24 PM
MOVED:	Carroll M.
MOTION:	Postpone indefinitely HB 05-1095. 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

08:23 PM

The chairman reminded the committee of its joint meeting with the Senate Judiciary Committee at 7:30 a.m. on Friday, February 4 to hear from the Judicial Branch. The committee then adjourned.