Bill Summary for Bill Number HB09-1321

Date: 05/01/2009

Final
BILL SUMMARY for HB09-1321

SENATE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Adopt prepared Amendment L.009 (Attachment B). Th Refer House Bill 09-1321, as amended, to the Commi	Pass Without Objection PASS

02:33 PM -- House Bill 09-1321

Senator Carroll, bill sponsor, presented House Bill 09-1321 concerning the placement of a juvenile who is awaiting trial in district court. She distributed materials concerning juvenile confinement (Attachment A). Senator Carroll discussed the amendments to the bill made in the House. She distributed Amendment L.009 (Attachment B).

02:38 PM

The committee discussed the specifics of the bill with Senator Carroll. Senator Carroll discussed the factors that are looked at when deciding where to place juveniles.

02:43 PM -- Ted Tow, representing the Colorado District Attorneys Council, spoke about the bill. He stated that his organization believes that the bill is a bit premature because the Commission on Criminal and Juvenile Justice is looking at this issue. Mr. Tow explained that currently when the decision is made to charge a juvenile as an adult, the juvenile is placed in the county jail unless the district attorney agrees otherwise. The bill codifies this practice. Mr. Tow discussed Amendment L.009. He noted that he would be concerned about automatically placing all juveniles in a juvenile facility because the bed space is at a premium and a juvenile who is being charged as an adult changes the dynamics of a juvenile facility.

02:52 PM

Senator Newell asked about the prevalence of problems if a juvenile is being charged as an adult and is placed in a juvenile facility.

02:54 PM -- Maureen Cain, representing the Colorado Criminal Defense Bar, spoke in support of the bill. She stated that juveniles from ages 14 to 17 charged with certain crimes may be charged as an adult. In the 1990s, that decision making process was primarily given over to the district attorneys rather than a judge. She stated that this bill looks at where to hold these juveniles before their trials. Ms. Cain explained that currently most of these juveniles go to jail rather than to a juvenile detention facility.

03:04 PM -- Sandy Mullins, representing the Colorado Criminal Defense Bar, spoke in support of the bill. She read the testimony of a family member of a juvenile who committed suicide while in jail and was the impetus for the bill.

03:12 PM -- Carla Bennet, representing the League of Women Voters, spoke in support of the bill. She stated that the bill creates a dialogue between the district attorney and the defense attorney which will help to balance the needs of public safety and protecting children.

03:14 PM -- Kim Dvorchak, representing the Colorado Juvenile Defender Coalition, spoke in support of the bill. She explained that this bill is a first step to keeping juveniles out of adult facilities. She discussed the differences between housing juveniles in juvenile facilities as opposed to the adult jails and the types of programming available in the juvenile facilities.

03:24 PM

The committee discussed the specifics of the bill with Ms. Dvorchak.

03:27 PM

Senator Carroll concluded her presentation of the bill.


BILL:	HB09-1321
TIME:	03:28:23 PM
MOVED:	Carroll M.
MOTION:	Adopt prepared Amendment L.009 (Attachment B). The motion passed without objection.
SECONDED:
		VOTE
	Hudak
	King K.
	Lundberg	Excused
	Newell
	Renfroe
	Carroll M.
	Morse

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1321
TIME:	03:29:05 PM
MOVED:	Carroll M.
MOTION:	Refer House Bill 09-1321, as amended, to the Committee of the Whole. The motion passed on a 6-0 roll call vote.
SECONDED:
		VOTE
	Hudak	Yes
	King K.	Yes
	Lundberg	Excused
	Newell	Yes
	Renfroe	Yes
	Carroll M.	Yes
	Morse	Yes

Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS