Bill Summary for Bill Number SB09-286

Date: 05/01/2009

Final
BILL SUMMARY for SB09-286

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Adopt prepared amendment L.007 (Attachment G). Th Amend the reengrossed bill, page 3, line 25, strik Amend the reengrossed bill:Page 4, line 5, strike Refer Senate Bill 09-286, as amended, to the Commi WITHDRAWN: Amend the reengrossed bill: page 4, lin	Pass Without Objection Pass Without Objection Pass Without Objection PASS TIE

03:48 PM -- Senate Bill 09-286

Representative Levy, bill sponsor, presented Senate Bill 09-286 concerning criminal law. This reengrossed bill directs the Colorado Commission on Criminal and Juvenile Justice to use empirical analysis and evidence-based data to study sentencing practices in Colorado. The bill provides suggestions about areas related to sentencing the commission may study, including but not limited to the following:

a statewide Department of Corrections (DOC) correctional facility management plan and potential DOC correctional facility bed limitations;
sentencing practices related to the offense of driving under restraint and drug crimes; and
whether parole should be included in an offender's sentence or not.

The bill also requires the commission to study the impact of reducing the previously mentioned sentencing areas and the impact of incarceration on crime rates. The commission is required to update the Governor, the Attorney General, the Chief Justice of the Colorado Supreme Court, and the Executive Committee of the Legislative Council by November 30, 2009, as to its findings, recommendations, and proposed plan for the ongoing study of sentencing reform. The commission is also required, by February 1, 2010, to provide the Executive Committee of the Legislative Council with specific recommendations regarding sentencing practices. The bill becomes effective upon the signature of the Governor or upon its becoming law without his signature.

Representative Levy responded to committee questions. The committee discussed the Departmental Differences section of the fiscal note (Attachment F).

04:05 PM -- Ann Terry, Department of Public Safety, appeared to respond to questions from the committee about the impact of the bill to the Division of Criminal Justice, which provides staffing services to the Colorado Commission on Criminal and Juvenile Justice. Ms. Terry discussed the methodology by which the commission chooses what to study and how to conduct its work. She stated that direction from the General Assembly as the work of the commission will definitely require additional resources. The committee discussed the timelines included in the bill. Ms. Terry indicated that part of the need for additional resources occurs because of the tight timelines in the bill. The committee talked about terminology in the bill with regard to sentencing and sentencing practices. Ms. Terry summed up by saying that the commission will study sentencing on its own and does not require the direction provided in the bill.

04:23 PM -- Christie Donner, Colorado Criminal Justice Reform Coalition, spoke in support of the bill. Ms. Donner stressed that Colorado urgently needs to address the growing portion of the annual state budget that is devoted to corrections and to plan for prison growth. She indicated that the current corrections budget can be streamlined and the money can be used more efficiently. She encouraged additional study into the subject through the passage of the bill.


BILL:	SB09-286
TIME:	04:29:46 PM
MOVED:	Levy
MOTION:	Amend the reengrossed bill: Page 4, line 5, strike "sentencing practices" and substitute "sentences"; line 7, strike "sentencing practices" and substitute "sentences"; line 22, strike "sentencing practices" and substitute "sentences". The motion passed without objection.
SECONDED:	Roberts
		VOTE
	Apuan
	Court
	Gardner B.
	King
	Miklosi
	Pace
	Roberts
	Ryden
	Waller
	McCann
	Levy

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


BILL:	SB09-286
TIME:	04:29:59 PM
MOVED:	Levy
MOTION:	Adopt prepared amendment L.007 (Attachment G). The motion passed without objection.
SECONDED:	Ryden
		VOTE
	Apuan
	Court
	Gardner B.
	King
	Miklosi
	Pace
	Roberts
	Ryden
	Waller
	McCann
	Levy

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


BILL:	SB09-286
TIME:	04:34:10 PM
MOVED:	Roberts
MOTION:	WITHDRAWN: Amend the reengrossed bill: page 4, line 20, after "shall," insert "seek to"; The motion was withdrawn when Representative Levy agreed to address Representative Roberts' concerns in a floor amendment.
SECONDED:
		VOTE
	Apuan
	Court
	Gardner B.
	King
	Miklosi
	Pace
	Roberts
	Ryden
	Waller
	McCann
	Levy

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	SB09-286
TIME:	04:38:37 PM
MOVED:	Levy
MOTION:	Amend the reengrossed bill, page 3, line 25, strike "sentencing practices" and substitute "sentences." The motion passed without objection.
SECONDED:	Court
		VOTE
	Apuan
	Court
	Gardner B.
	King
	Miklosi
	Pace
	Roberts
	Ryden
	Waller
	McCann
	Levy

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

04:39 PM

Representative Levy wrapped up her presentation of the bill and asked for a favorable recommendation. She pledged to address Representative Robert's concerns about the reporting requirement in a floor amendment.


BILL:	SB09-286
TIME:	04:41:10 PM
MOVED:	Levy
MOTION:	Refer Senate Bill 09-286, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 6-3, with 2 excused.
SECONDED:	Court
		VOTE
	Apuan	Yes
	Court	Yes
	Gardner B.	No
	King	No
	Miklosi	Excused
	Pace	Excused
	Roberts	Yes
	Ryden	Yes
	Waller	No
	McCann	Yes
	Levy	Yes

Final YES: 6 NO: 3 EXC: 2 ABS: 0 FINAL ACTION: PASS

04:42 PM

Representative McCann adjourned the committee.