House Committee on Judiciary (04/23/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	04/23/2009	ATTENDANCE

Time:	02:36 PM to 04:32 PM	Apuan	X
		Court	*
Place:	HCR 0107	Gardner B.	X
		King	X
This Meeting was called to order by		Miklosi	*
	Representative Levy	Pace	*
		Roberts	X
This Report was prepared by		Ryden	X
	Jessika Shipley	Waller	X
		McCann	*
		Levy	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB09-245 HB09-1351		Referred to Appropriations Referred to Appropriations

02:37 PM -- Senate Bill 09-245

Representative Schafer, bill sponsor, presented Senate Bill 09-245 concerning changes to conform to portions of federal Public Law 110-351 relating to kinship. The bill amends the Colorado Children's Code to conform with the federal "Fostering Connections to Success and Increasing Adoptions Act of 2008", Public Law 110-351, concerning kinship placements. The bill also creates the Kinship Guardianship Assistance Program to provide cash assistance to kinship foster parents who assume permanent guardianship of a child. The kinship guardian assistance program is an optional program allowed under federal law.

When the court is considering placing a child with a relative, the bill:

requires parents to submit a form listing potential relatives with whom the child may be placed

within 7 business days after the date of the last hearing, or prior to the next hearing on the

matter, whichever occurs first;

requires that a copy of the form be delivered to the county department of social services; and
specifies that each parent may suggest an adult relative or relatives whom he or she believes to

be the most appropriate caretaker for the child.

County departments of social services are required to exercise due diligence to contact all grandparents and other adult relatives within 30 days following removal of a child from the home, unless the court determines there is good cause not to contact such relatives. The county department is required to explain that the child has been removed from his or her home, and describe the options for the relative to participate in the child's care under local, state, and federal law. Under current law, county departments have 90 days to contact relatives.

Representative Schafer distributed a fact sheet about the bill (Attachment A) and information about Bridging the Gap (Attachment B).

02:43 PM -- Mary Griffin, Colorado Department of Human Services, spoke in support of the bill. Ms. Griffin stated that the bill brings Colorado into conformance with federal law. She responded to questions from the committee.

02:47 PM -- Daniel Goff, Bridging the Gap, spoke in support of the bill. Mr. Goff related his experience in the foster care system and stated that the bill could help kids in foster care.

02:49 PM -- Carla Bennett, League of Women Voters and the Colorado Coalition of Adoptive Families, spoke in support of the bill. Ms. Bennett stated that the bill helps to protect the best interests of children.


BILL:	SB09-245
TIME:	02:54:08 PM
MOVED:	Waller
MOTION:	Refer Senate Bill 09-245 to the Committee on Appropriations with a favorable recommendation. The motion passed on a vote of 8-0, with 3 excused.
SECONDED:	Roberts
		VOTE
	Apuan	Yes
	Court	Excused
	Gardner B.	Yes
	King	Yes
	Miklosi	Excused
	Pace	Yes
	Roberts	Yes
	Ryden	Yes
	Waller	Yes
	McCann	Excused
	Levy	Yes

Final YES: 8 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: PASS

02:58 PM -- House Bill 09-1351

Representatives Pommer and Ferrandino, co-sponsors, presented House Bill 09-1351 concerning an increase in the amount of time an inmate may have deducted from the inmate's sentence. Current law allows offenders incarcerated in the Department of Corrections (DOC) to have up to 10 days each month deducted from their total sentence. Offenders may accrue earned time while serving on parole. In order to earn the time, offenders must demonstrate consistent progress in specified categories, such as work and training, group living, participation in counseling programs, and compliance with conditions of parole. Earned time may not reduce a sentence by more than 25 percent of the total.

This bill increases the maximum monthly earned time to 12 days and repeals the 25 percent limit. In addition to the 12 days each month, the bill also allows the executive director of the DOC to deduct up to 60 days from a nonviolent offender's sentence under certain circumstances. The deduction may occur only once during an offender's sentence and does not apply to anyone serving a sentence following a parole revocation.

03:02 PM -- Mark Randall, Colorado District Attorneys Council, spoke in opposition to the bill. Mr. Randall stated that the district attorneys are not opposed to sentencing reform. He acknowledged that sentencing laws are confusing. He believes a formula is necessary to determine the appropriate sentence. He indicated that the Colorado Commission on Criminal and Juvenile Justice (CCJJ) should look at this issue and take the time to study it carefully. Mr. Randall questioned whether the bill only applies to nonviolent offenders. He responded to questions from the committee.

03:20 PM -- Peg Ackerman, County Sheriffs of Colorado, spoke in opposition to the bill. Ms. Ackerman stated that the sheriffs want this issue to be studied by the CCJJ.

03:21 PM -- Christie Donner, Colorado Criminal Justice Reform Coalition, spoke in support of the bill. Ms. Donner distributed an information sheet about the bill (Attachment C). She discussed research studies addressing the influence of earned time on offender behavior. Ms. Donner responded to questions from the committee about evidence-based correctional practices.

03:30 PM

The committee discussed the use of earned time as an incentive for positive offender behavior.

03:46 PM

The committee continued to discuss using earned time as a tool for offender behavior control.


BILL:	HB09-1351
TIME:	04:05:32 PM
MOVED:	Court
MOTION:	Refer House Bill 09-1351 to the Committee on Appropriations with a favorable recommendations. Committee members made comments about their positions on the bill. The motion passed on a vote of 6-5.
SECONDED:	Ryden
		VOTE
	Apuan	Yes
	Court	Yes
	Gardner B.	No
	King	No
	Miklosi	Yes
	Pace	Yes
	Roberts	No
	Ryden	Yes
	Waller	No
	McCann	No
	Levy	Yes

Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:06 PM

Representative Levy recessed the committee until adjournment of the House.

04:32 PM

Representative Levy brought the committee to order in the House chamber and laid over the rest of the calendar until Monday, April 27. She adjourned the committee.