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B16B83847F44B3FE872587FA007BE46F Hearing Summary




PUBLIC
BILL SUMMARY For SB22-089

SENATE COMMITTEE ON JUDICIARY
Date Mar 3, 2022      
Location SCR 352



SB22-089 - Postponed Indefinitely

03:33:18 PM  

Senator Gardner, sponsor, explained Senate Bill 22-089 concerning the sex offender managemetn board (SOMB).  He briefly recapped the bill  and noted upcoming proposed amendments. 

Committee members asked questions about the sunset review process, the juvenile and adult boards as proposed in the bill, polygraphs, and the legislative audit conducted by the Office of the State Auditor. 

 

04:00:14 PM  

Committee discussion ensued about the bill's stakeholder process. 

04:06:43 PM  

Ms. Jessica Dotter, representing Colorado District Attorneys' Council, testified in support of the bill.  She walked the committee through the bill and covered the SOMB audit, treatment providers, composition of the boards, risk-need-responsivity model, data collection, and sexually violent predator designation (SVP). 

Committee members asked questions about the stakeholder process, the SOMB standards and guidelines, and the Department of Corrections (DOC) sex offender treatment programs. 

 

 

 

04:25:55 PM  

Mr. James Karbach, representing the Colorado State Public Defender's Office, testified in opposition to the bill.  He raised concerns about the stakeholder process, the board composition as proposed in the bill,  SVP status, lack of treatment in DOC, the sunset date, and polygraphs.  

04:36:38 PM  

Dr. Gene Katz, representing self, testified in opposition to the bill. He discussed evidence based practices and polygraphs.

Ms. Tarah Morgan, representing CSOR, testified in opposition to the bill.  She discussed SVP status.

Ms Justina Madenska , representing self, testified in opposition to the bill.

Tami Floyd , representing COALITION FOR SEXUAL OFFENSE RESTORATION, testified in opposition to the bill.  She raised concerns about the global referral list and treatment options at DOC.

Committee members asked questions about therapy standards, polygraphs, and the sex offender notification process. 

 

 

05:01:21 PM  

Rick Ostring, representing CSOR, testified in opposition to the bill.

Marsha Brewer, representing Advocates for Change, testified in opposition to the bill.  She discussed parole eligibility dates. 

Pat Harris, representing Advocates for Change, testified in opposition to the measure.  She suggested a smaller SOMB with more therapists represented.  

Susan Walker, representing Coalition for Sexual Offense Restoration, testified in opposition to the bill. She discussed treatment providers and programs and the SVP designation.

Committee members inquired about grievances and ramifications.  Further questions were raised about SVP and federal funds. 

 

05:21:38 PM  

Liz A, representing self, testified in opposition to the bill. She raised concerns about the broad application of no contacts with minors.

05:28:34 PM  

Mr. Michael Dell, representing Colorado CURE, testified in opposition to the bill.

Stacie Colling, representing Colorado Office of the Alternate Defense Counsel, testified in opposition to the bill. She discussed juvenile registration.

Mrs. Cheryl Floyd, representing self, testified in opposition to the bill.

Ms. Dianne Tramutola-Lawson, representing Colorado-CURE, Inc, testified in opposition to the bill.

05:41:31 PM  

Erin Campbell, representing The Office of the Alternate Defense Counsel, testified in opposition to the bill. She discussed the board composition. 

Mr. Roger Kincade, representing Advocates for Change, Colorado-Cure and myself, testified in opposition to the bill.

Anonymous witness, representing self, testified in opposition to the bill.

Committee members asked questions about provider visit time frames.

05:55:35 PM  

Mr. Michael Rose, representing self, testified in opposition to the bill. He raised juvenile registration concerns.

Mrs. Jessica Meza, representing self, testified in opposition to the bill. She addressed culturally competent providers. 

Committee discussion ensued about recidivism. 

06:15:06 PM  

Sterling Harris, representing Colorado Organization for Victim Assistance, testified in support of the bill. She supported the overarching premise of the SOMB. 

Mr. Chris Lobanov-Rostovsky, representing Colorado Sex Offender Management Board, was available to answer committee questions.

Committee members asked questions about SVP status and federal standards or requirements, sex offender registration and notification, and victims. 

 

06:35:49 PM  

Further discussion ensued about SVP status and polygraphs.

06:44:32 PM  

Gail Johnson, representing self, testified in opposition to the bill. She discussed the board composition and wrongfully convicted sex assault cases.

Ms. Laurie Kepros, representing Office of the State Public Defender & Colorado Criminal Defense Bar, testified in opposition to the bill.  She discussed determinate sentences, DOC treatment options or lack thereof, parole eligibility dates, lifetime supervision, polygraphs, therapist discretion, community notification, treatment provider selection, among other topics. 

 

 

07:15:44 PM  

Mrs. Amelia Sapp, representing Denver District Attorney, testified in support of the bill. She discussed polygraphs.

Ms. Danielle Robinson, representing Denver District Attorney's Office, testified in support of the bill. She discussed treatment expectations.

Amanda Gall, representing the 1st Judicial District, testified in support of the bill. She discussed the bill and its attempt to find common ground. 

Committee members asked questions about standardization, data collection, polygraphs, and revocations. 

Senator Gardner distributed and explained Amendment L.001, which changes "defendants" to "persons" throughout the bill (Attachment E).  

 



08:04:32 PM
Motion Adopt amendment L.001 (Attachment E)
Moved Gardner
Seconded
Cooke Excused
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection
08:04:34 PM  

Senator Gardner distributed and explained the following amendments: 

  • Amendment L.003 (Attachment F). 
  • Amendment L.016 (Attachment G)
  • Amendment L.017 (Attachment H).
  • Amendment L.018 (Attachment I).
  • Amendment L. 019 (Attachmetn J). 

 

 

 



08:05:09 PM
Motion Adopt amendment L.003 (Attachment F)
Moved Gardner
Seconded
Cooke Excused
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


08:05:39 PM
Motion Adopt amendment L.016 (Attachment G)
Moved Gardner
Seconded
Cooke Excused
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


08:06:28 PM
Motion Adopt amendment L.017 (Attachment H)
Moved Gardner
Seconded
Cooke Excused
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


08:07:05 PM
Motion Adopt amendment L.018 (Attachment I)
Moved Gardner
Seconded
Cooke Excused
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


08:07:52 PM
Motion Adopt amendment L.019 (Attachment J)
Moved Gardner
Seconded
Cooke Excused
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection
08:09:32 PM  

Senator Gardner made closing remarks.

Committee members made comments in support of or in bopposition to the bill. 



08:16:48 PM
Motion Refer Senate Bill 22-089, as amended, to the Committee on Appropriations.
Moved Gardner
Seconded
Cooke Yes
Gardner Yes
Rodriguez No
Gonzales No
Lee No
YES: 2   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  FAIL


08:17:08 PM
Motion Postpone Senate Bill 22-089 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely.
Moved Gonzales
Seconded
Cooke No
Gardner No
Rodriguez Yes
Gonzales Yes
Lee Yes
Final YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS






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