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H_JUD_2019A 04/25/2019 03:31:39 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
Date 04/25/2019
Attendance
Benavidez X
Bockenfeld X
Carver X
Galindo X
Gonzales-Gutierrez X
McKean *
Roberts X
Soper *
Tipper *
Herod X
Weissman X
X = Present, E = Excused, A = Absent, * = Present after roll call
Time 03:31:39 PM to 11:58:37 PM
Place HCR 0112
This Meeting was called to order by Representative Weissman
This Report was prepared by Bo Pogue
Hearing Items Action Taken
SB19-172 Amended, referred to House Appropriations
SB19-222 Referred to House Appropriations
SB19-223 Referred to House Appropriations
SB19-108 Amended, referred to House Appropriations
SB19-008 Referred to House Finance
SB19-241 Referred to the Committee of the Whole
SB19-191 Referred to House Appropriations
SB19-217 Amended, referred to the Committee of the Whole

SB19-172 - Amended, referred to House Appropriations


03:32:02 PM  

The committee was called to order. A quorum was present. Representative Singer, prime sponsor, presented Senate Bill 19-172, concerning crimes related to an at-risk person, and, in connection therewith, creating the crimes of unlawful abandonment and unlawful confinement. The committee heard testimony on the bill at its April 18 meeting. Committee members received amendment L.009 (Attachment A). Representative Singer provided background on the stakeholder process for the bill. Mr. Tim Lane and Ms. Jane Walsh, representing the Colorado District Attorneys' Council, and Ms. Maureen Cain, representing the Office of the State Public Defender, discussed the stakeholder process and explained the effect of amendment L.009. Discussion ensued regarding the amendment.



03:58:54 PM
Motion Adopt amendment L.009
Moved Weissman
Seconded Galindo
Benavidez
Bockenfeld
Carver
Galindo
Gonzales-Gutierrez
McKean
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
03:58:55 PM  

Representative Singer provided closing remarks in support of SB 19-172. Various committee members provided their positions on the bill.



04:03:48 PM
Motion Refer Senate Bill 19-172, as amended, to the Committee on Appropriations.
Moved Herod
Seconded Tipper
Benavidez Yes
Bockenfeld Yes
Carver Yes
Galindo Yes
Gonzales-Gutierrez Yes
McKean Yes
Roberts Yes
Soper Yes
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 11   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB19-222 - Referred to House Appropriations


04:03:59 PM  

Representatives Landgraf and Esgar, prime sponsors, presented Senate Bill 19-222, concerning the improvement of access to behavioral health services for individuals at risk of institutionalization.  Representative Landgraf explained the effect of the bill and discussed its need. Representative Esgar provided further input on the effect of the bill. Representative Esgar responded to questions regarding a federal waiver required to conduct the bill's programming.

04:13:28 PM  

Representatives Landgraf and Weissman, prime sponsors, presented Senate Bill 19-223, concerning actions related to competency to proceed. The bill is a companion bill with SB 19-222. The sponsors explained the effect of the bill and discussed its need. Committee members received a fact sheet supporting the bill (Attachment B).

04:23:13 PM  

The following persons testified regarding SB 19-222 and SB 19-223:

Ms. Nancy VanDeMark, representing Mental Health Colorado, testified in support of both bills. She discussed the need to better provide services to those with mental health issues.

Ms. Allison Daley, representing Colorado Counties, Inc., testified in support of SB 19-222. She explained how counties often serve as the safety net for those with mental health issues.

Ms. Alison Butler, representing Disability Law Colorado, testified in support of SB 19-222 and SB 19-223. Ms. Butler discussed a lawsuit launched by her organization that gave rise to the bills, and the effect of the bills. Ms. Butler and Ms. VanDerMark responded to questions regarding the inclusion of youth within the scope of the bills, and the restoration services to be provided under SB 19-223. Discussion ensued regarding the availability of psychiatric inpatient treatment beds under the legislation, and evaluations made under SB 19-223.

04:55:15 PM  

Ms. Michelle Barnes, representing the Department of Human Services (DHS), testified in support of SB 19-222 and SB 19-223.

Dr. Robert Werthwein, representing DHS, testified in support of the bills. Dr. Werthwein addressed questions raised during earlier discussion.

Dr. Sasha Rai, representing the Colorado Psychiatric Society, testified in support of the bills. He discussed the lack of capacity to serve the mentally ill.

Mr. Frank Cornelia, representing the Colorado Behavioral Healthcare Council, testified in support of the bills. He provided background on the safety net for the mentally ill, and explained the improvements to be made by the bill. Dr. Werthwein responded to questions regarding expanded bed capacity within DHS, and further addressed earlier questions. Discussion ensued regarding bed capacity.

05:12:35 PM  

Ms. Patricia Westmoreland, representing the Colorado Psychiatric Society, testified in support of SB 19-222 and SB 19-223.

05:15:26 PM  

No amendments were offered to SB 19-222. Representative Landgraf provided closing remarks in support of the bill. The committee discussed the merits of the legislation.



05:21:06 PM
Motion Refer Senate Bill 19-222 to the Committee on Appropriations.
Moved Roberts
Seconded Tipper
Benavidez Yes
Bockenfeld Yes
Carver Yes
Galindo Yes
Gonzales-Gutierrez Yes
McKean Yes
Roberts Yes
Soper Yes
Tipper Yes
Herod Excused
Weissman Yes
Final YES: 10   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



SB19-223 - Referred to House Appropriations


05:21:18 PM  

No amendments were offered to Senate Bill 19-223. Representatives Weissman and Landgraf, sponsors, provided closing remarks in support of the bill. The committee discussed the merits of the legislation.



05:25:40 PM
Motion Refer Senate Bill 19-223 to the Committee on Appropriations.
Moved Weissman
Seconded Gonzales-Gutierrez
Benavidez Yes
Bockenfeld Yes
Carver Yes
Galindo Yes
Gonzales-Gutierrez Yes
McKean Yes
Roberts Yes
Soper Yes
Tipper Yes
Herod Excused
Weissman Yes
Final YES: 10   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



SB19-191 - Committee Discussion Only


05:25:56 PM  

The committee recessed.

05:29:01 PM  

The committee returned to order. Representatives Herod and Gonzales-Gutierrez, prime sponsors, presented Senate Bill 19-191, concerning defendants' rights related to pretrial bond.  The sponsors explained the effect of the bill and discussed its need. Discussion ensued regarding potential costs associated with the bill at the local and judicial district levels, and the position of certain entities on the bill.

05:37:57 PM  

The following persons testified regarding SB 19-191:

Ms. Allison Daley, representing Colorado Counties, Inc., testified in opposition to the bill. Ms. Daley discussed the cost impact of certain provisions in the bill on counties.

Mr. Tim Lane, representing the Colorado District Attorneys' Council, testified in opposition to the bill. Mr. Lane objected to the 48-hour bond hearing provision in the bill, and suggested some amendments to the bill.

Mr. Jim Bullock, representing the Sixteenth Judicial District, testified in opposition to the bill. Mr. Bullock discussed the workload that the bill would impose upon his district. Mr. Lane responded to questions regarding his proposed amendments. Mr. Bullock responded to questions regarding his district's workload under the bill. Mr. Lane responded to questions regarding certain jurisprudence invoked by the bill. Mr. Bullock responded to questions regarding the conduct of bond hearings. Mr. Lane responded to questions regarding bond schedules. Discussion returned to the workload in the Sixteenth Judicial District and other rural areas. Discussion ensued regarding 48-hour bond hearing rules in other jurisdictions. Mr. Bullock discussed the financial ramifications of the bill for his district.

06:23:33 PM  

Ms. Denise Maes, representing the ACLU, testified in support of SB 19-191. Ms. Maes discussed due process rights, and the position of stakeholders on the bill.

Ms. Rebecca Wallace, representing the ACLU, testified in support of the bill. Committee members received a spreadsheet tabulating jail populations (Attachment C). Ms. Wallace discussed the impact of waits for bond hearings on jail overcrowding. She rebutted claims made during earlier testimony.

Ms. Elisabeth Epps, representing the Colorado Freedom Fund, testified in support of the bill. She discussed delays in the bail process, and the pretrial population in jails. Discussion ensued regarding weekend staffing for courts, and certain jurisprudence associated with the bill. Ms. Maes responded to questions regarding concessions for rural counties. Discussion followed regarding the position of victims on the bill. Discussion returned to the timing of court activity in rural areas, and associated burdens under the bill.

07:10:39 PM  

Ms. Jasmine Still, representing herself, testified in support the bill. Ms. Still discussed an instance of being held in jail for a lengthy pretrial period.

Ms. Jennifer Roberts, representing the Colorado Cross Disability Coalition, testified in support of the bill. She discussed instances of those with disabilities being held in jail.

Mr. Jeff Clayton, representing the American Bail Coalition, testified in support of the bill.

Mr. Robert Southey, representing Bankers Insurance Company, testified in support of the bill. He addressed earlier discussion about jurisprudence surrounding the bill.

Mr. Jeff Swanson, representing himself, testified in support of SB 19-191. Mr. Swanson discussed an incident of being held in jail custody.

Ms. Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Gorman outlined certain rules and laws governing pretrial release. Discussion ensued regarding the conduct of bond hearings. Ms. Gorman responded to questions regarding a proper time frame for requiring bond hearings.  The chair laid over SB 19-191.



SB19-108 - Amended, referred to House Appropriations


07:37:27 PM  

Representatives Michaelson Jenet and Soper, prime sponsors, presented Senate Bill 19-108, concerning changes to improve outcomes for youth in the juvenile justice system.  Representatives Michaelson Jenet and Soper read statements supporting the bill.

07:45:18 PM  

The following persons testified regarding SB 19-108:

Ms. Elise Logemann, representing the ACLU, testified in support of the bill.

Mr. Joe Thome, representing the Department of Public Safety, testified in support of the bill.

Ms. Dana Wilkes, representing the Division of Probation Services, testified in support of the bill. Discussion ensued regarding certain tools for assessing the proper placement of juveniles within the juvenile justice system, and diversion for juveniles.

08:05:30 PM  

The committee considered amendment L.010 (Attachment D) and L.011 (Attachment E).



08:05:47 PM
Motion Adopt amendment L.010
Moved Soper
Seconded Gonzales-Gutierrez
Benavidez
Bockenfeld
Carver
Galindo
Gonzales-Gutierrez
McKean
Roberts
Soper
Tipper
Herod Excused
Weissman
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


08:06:21 PM
Motion Adopt amendment L.011
Moved Soper
Seconded Gonzales-Gutierrez
Benavidez
Bockenfeld
Carver
Galindo
Gonzales-Gutierrez
McKean
Roberts
Soper
Tipper
Herod Excused
Weissman
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection
08:07:41 PM  

The committee considered amendment L.014 (Attachment F).



08:08:05 PM
Motion Adopt amendment L.014
Moved Soper
Seconded Gonzales-Gutierrez
Benavidez
Bockenfeld
Carver
Galindo
Gonzales-Gutierrez
McKean
Roberts
Soper
Tipper
Herod Excused
Weissman
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection
08:08:08 PM  

The committee considered amendments L.015 (Attachment G) and L.018 (Attachment H).



08:09:38 PM
Motion Adopt amendment L.018
Moved Soper
Seconded Gonzales-Gutierrez
Benavidez
Bockenfeld
Carver
Galindo
Gonzales-Gutierrez
McKean
Roberts
Soper
Tipper
Herod Excused
Weissman
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


08:10:03 PM
Motion Adopt amendment L.015
Moved Soper
Seconded Gonzales-Gutierrez
Benavidez
Bockenfeld
Carver
Galindo
Gonzales-Gutierrez
McKean
Roberts
Soper
Tipper
Herod Excused
Weissman
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection
08:10:05 PM  

Representatives Soper and Michaelson Jenet provided closing remarks in support of SB 19-108. The committee discussed the merits of the bill.



08:15:28 PM
Motion Refer Senate Bill 19-108, as amended, to the Committee on Appropriations.
Moved Soper
Seconded McKean
Benavidez Yes
Bockenfeld Yes
Carver Yes
Galindo Yes
Gonzales-Gutierrez Yes
McKean Yes
Roberts Yes
Soper Yes
Tipper Yes
Herod Excused
Weissman Yes
Final YES: 10   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



SB19-008 - Referred to House Finance


08:15:45 PM  

The committee recessed.

08:25:28 PM  

The committee returned to order. Representatives Kennedy and Singer, prime sponsors, presented Senate Bill 19-008, concerning treatment of individuals with substance use disorders who come into contact with the criminal justice system.  The sponsors explained the effect of the bill and discussed its need. Discussion ensued regarding medication-assisted treatment in county jails, and the interplay between the bill and House Bill 19-1275. Representative Benavidez suggested some amendments to the bill. Discussion followed regarding the bill title.

08:49:24 PM  

The following persons testified regarding SB 19-008:

Dr. J.K. Costello, representing himself, testified in support of the bill. Dr. Costello discussed efforts to reduce overdose rates of those in custody.

Ms. Deena Brosi, representing the Public Health Policy Lab, testified in support of the bill.

Ms. Cheryl Wilson, representing herself, testified in support of the bill.

Ms. Christie Donner, representing the Colorado Criminal Justice Reform Coalition, testified in support of the bill. Ms. Donner discussed various programs seeking to reduce harm for those in custody, and to reduce recidivism. Dr. Costello addressed questions raised earlier about the fiscal impact of the bill.

09:04:30 PM  

No amendments were offered to SB 19-008.



09:06:08 PM
Motion Refer Senate Bill 19-008 to the Committee on Finance.
Moved Tipper
Seconded Galindo
Benavidez No
Bockenfeld No
Carver Yes
Galindo Yes
Gonzales-Gutierrez Yes
McKean No
Roberts Yes
Soper Yes
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 8   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB19-241 - Referred to the Committee of the Whole


09:06:43 PM  

Representative Weissman, prime sponsor, presented Senate Bill 19-241, concerning the nonsubstantive revision of statutes in the Colorado Revised Statutes, and, in connection therewith, amending or repealing obsolete, imperfect, and inoperative law to preserve the legislative intent, effect, and meaning of the law. Representative Weissman explained the effect of the bill and discussed its need.  Committee members received a handout (Attachment I).



09:10:24 PM
Motion Refer Senate Bill 19-241 to the Committee of the Whole.
Moved Weissman
Seconded Galindo
Benavidez Yes
Bockenfeld Yes
Carver Yes
Galindo Yes
Gonzales-Gutierrez Yes
McKean Yes
Roberts Yes
Soper Yes
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 11   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB19-191 - Referred to House Appropriations


09:10:40 PM  

The committee revisited Senate Bill 19-191. No amendments were offered to the bill. The sponsors provided closing remarks in support of the bill. The committee discussed the merits of the legislation.



09:23:28 PM
Motion Refer Senate Bill 19-191 to the Committee on Appropriations.
Moved Gonzales-Gutierrez
Seconded Herod
Benavidez Yes
Bockenfeld No
Carver No
Galindo Yes
Gonzales-Gutierrez Yes
McKean No
Roberts No
Soper No
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 6   NO: 5   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB19-217 - Amended, referred to the Committee of the Whole


09:23:39 PM  

Representative Snyder, prime sponsor, presented Senate Bill 19-217, concerning healthcare provider liens related to charges for medical care provided to a person injured as a result of the negligence or wrongful acts of another person. Representative Snyder explained the effect of the bill and discussed its need. Discussion ensued regarding certain information that is undiscoverable under the bill, and the history of the medical lien industry. Discussion followed regarding transparency in medical billing.

09:51:33 PM  

The following persons testified regarding SB 19-217:

Ms. Natalie Brown, Coloradans for Healthcare Access, testified in support of the bill. She discussed the population that cannot afford insurance who need healthcare, and the role of medical liens. Ms. Brown discussed certain language introduced to the bill at the behest of the Attorney General. Ms. Brown discussed the thoughts of Mr. Geoff Blue on the bill. Ms. Brown responded to questions.

10:15:13 PM  

Mr. Patrick Boyle, representing the American Property and Casualty Insurance Association, testified in opposition to the bill.

Mr. Jeff Ruebel, representing the Colorado Civil Justice League and the Colorado Defense Lawyers Association, testified in opposition to the bill. Discussion ensued regarding the role of medical lien companies, and limitations on discovery of certain information in court by the bill. Mr. Boyle responded to questions regarding the marketplace for those who do not have the immediate resources to pay for medical treatment, and certain language in the bill concerning fee recovery. Discussion followed regarding the stakeholder process on the bill. Discussion returned to the marketplace for those without immediate means who need medical care.

10:40:09 PM  

Mr. Rich Sokol, representing Personicare Healthcare Network, testified in support of SB 19-217. Mr. Sokol discussed the role of medical lien companies, and addressed issues raised during earlier discussion.

Mr. Royal Washington, representing himself, testified in support of the bill. Mr. Washington discussed his use of the services of a medical lien company.

Mr. Matt Holycross, representing Injury Finance, testified in support of the bill. He explained how the bill protects consumers and reduces the impacts of litigation. Discussion ensued regarding the history of the practice of offering medical liens, and the reasoning behind shielding juries from certain information. Mr. Holycross responded to questions regarding legal opinions on medical liens.

11:03:59 PM  

The committee considered amendments L.048 (Attachment J) and L.049 (Attachment K).



11:04:17 PM
Motion Adopt amendment L.048
Moved Herod
Seconded Galindo
Benavidez
Bockenfeld
Carver
Galindo
Gonzales-Gutierrez
McKean
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


11:05:15 PM
Motion Adopt amendment L.049
Moved Herod
Seconded Galindo
Benavidez
Bockenfeld
Carver
Galindo
Gonzales-Gutierrez
McKean
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
11:07:08 PM  

The committee discussed amendment L.050 (Attachment L).



11:16:43 PM
Motion Adopt amendment L.050
Moved Herod
Seconded Galindo
Benavidez
Bockenfeld
Carver
Galindo
Gonzales-Gutierrez
McKean
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
11:17:30 PM  

The committee considered amendment L.051 (Attachment M).



11:17:32 PM
Motion Adopt amendment L.051
Moved Herod
Seconded Galindo
Benavidez
Bockenfeld
Carver
Galindo
Gonzales-Gutierrez
McKean
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
11:17:49 PM  

The committee considered amendment L.054 (Attachment N).



11:27:13 PM
Motion Adopt amendment L.054
Moved Tipper
Seconded Benavidez
Benavidez Yes
Bockenfeld No
Carver Yes
Galindo No
Gonzales-Gutierrez No
McKean Yes
Roberts No
Soper Yes
Tipper Yes
Herod Yes
Weissman No
YES: 6   NO: 5   EXC: 0   ABS:  0   FINAL ACTION:  PASS
11:27:36 PM  

The committee considered amendment L.055 (Attachment O).

11:33:56 PM  

The committee recessed.

11:38:19 PM  
The committee returned to order.
11:47:32 PM  

The committee continued to discuss the merits of amendment L.055, along with a Representative McKean conceptual amendment to that amendment.



11:53:16 PM
Motion Amend amendment L.055, page 1, line 2, after "exceed", insert "one hundred twenty percent".
Moved
Seconded Benavidez
Benavidez Yes
Bockenfeld No
Carver No
Galindo No
Gonzales-Gutierrez No
McKean No
Roberts No
Soper No
Tipper No
Herod No
Weissman No
YES: 1   NO: 10   EXC: 0   ABS:  0   FINAL ACTION:  


11:54:17 PM
Motion Adopt amendment L.055
Moved Benavidez
Seconded Herod
Benavidez Yes
Bockenfeld No
Carver No
Galindo No
Gonzales-Gutierrez No
McKean No
Roberts No
Soper No
Tipper No
Herod No
Weissman No
YES: 1   NO: 10   EXC: 0   ABS:  0   FINAL ACTION:  FAIL
11:54:18 PM  

Representative Snyder provided closing remarks in support of SB 19-217. The committee discussed the merits of the bill.



11:58:16 PM
Motion Refer Senate Bill 19-217, as amended, to the Committee of the Whole.
Moved Galindo
Seconded Bockenfeld
Benavidez No
Bockenfeld Yes
Carver No
Galindo Yes
Gonzales-Gutierrez Yes
McKean No
Roberts Yes
Soper Yes
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 8   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  PASS


11:58:37 PM   The committee adjourned.