H_JUD_2021A 06/03/2021 04:55:08 PM Committee Summary

The committee was called to order. The quorum was present. Representative Roberts, prime sponsor, presented Senate Bill 21-271, concerning the adoption of the 2021 recommendations of the Colorado criminal and juvenile justice commission regarding sentencing for offenses.

Joe Thome, representing the Department of Public Safety, testified in support of SB 21-271.

Rick Kornfeld, representing the Sentencing Reform Task Force of the Colorado Commission on Criminal and Juvenile Justice, testified in support of the bill.

Michael Dougherty, representing the Twentieth Judicial District and the Colorado District Attorneys' Council, testified in support of the bill.

Discussion ensued regarding the process by which the Colorado Commission on Criminal and Juvenile Justice approved amendments to SB 21-271.

Angie Binder, representing the Colorado Petroleum Association, testified on SB 21-271 from an "amend" position.

Ed Hill, representing himself, testified on the bill from an "amend" position, making an amendment suggestion.

Ed Wood, representing DUID Victim Voices, testified on the bill from an "amend" position, making an amendment suggestion.

Fran Lanzer, representing Mothers Against Drunk Driving Colorado, testified on the bill from an "amend" position.

Jessica Jones, representing herself, testified in support of SB 271.

Representatives Weissman and Tipper withdrew amendment L.062, which had been moved at the June 2 meeting. Representative Soper explained the effect of amendment L.063 (Attachment A). Discussion ensued regarding the difference between these two amendments. Conrad Imel, representing the Office of Legislative Legal Services, provided clarification on the effect of amendment L.063. Discussion ensued regarding the effect of the amendment.

Representative Soper explained the effect of amendment L.061 (Attachment B).

Representative Benavidez explained the effect of amendment L.065 (Attachment C). Discussion ensued regarding the merits of the amendment.

The committee recessed.

The committee returned to order. Discussion continued regarding the merits of amendment L.065.

Representatives Soper and Michaelson Jenet provided closing remarks in support of SB 21-088. Various committee members provided their positions on the bill.

Representatives Benavidez and Bacon, prime sponsors, presented Senate Bill 21-273, concerning measures to increase public safety by minimizing custodial responses to low-level offenses. Representative Benavidez explained the effect of the bill and discussed its need. Representative Bacon provided additional input on the merits of the bill.

Alexis King, representing the Twelfth Judicial District, testified in support of the SB 21-273.

Beth McCann, representing herself, testified in support of the bill.

Gordon McLaughlin, representing himself, testified in support of the bill.

Ms. King responded to questions regarding whether the bill endangers the community, and the impact of reducing the instances of cash bonding on the likelihood that a defendant will show up for a court date. Discussion ensued regarding breakdowns in the bonding process, and the use of personal recognizance bonds versus money bonds.

Meghan Dollar, representing the Colorado Municipal League, testified in opposition to SB 21-273. Chris Howes, representing the Colorado Retail Council, testified in opposition to the bill. Committee members received an article about a shoplifting ring in Douglas County (Attachment D). Randy Riggan, representing himself, testified in opposition to the bill. Jeff Clayton, representing the American Bail Coalition, testified in opposition to the bill.

Natalia Marshall, representing herself, testified in support of SB 21-273.

Sharletta Evans, representing Colorado Crime Survivors Network, testified in support of the bill.

Samuel Sinyangwe, representing Campaign Zero, testified in support of the bill.

Spencer Booker, representing himself, testified in support of the bill.

Duane Chapman, representing himself, testified in opposition of SB 21-273.

Alex Cabriales, representing himself, testified in opposition to the bill.

Ron Sloan, representing himself, testified in opposition to the bill.

Michael Whitlock, representing the American Surety Company, testified in opposition to the bill.

John Kellner, representing the Eighteenth Judicial District, testified in opposition to SB 21-273.

Mr. Kellner responded to questions regarding how judges set bonds, and the impact of the bill on felonies.

Dwight Henninger, represent the Colorado Association of Chiefs of Police, testified in opposition to the bill.

Don Sheenhan, representing himself, testified in opposition to the bill.

Todd Reeves, representing Westminster and the Colorado Association of Chiefs of Police, testified in opposition to the bill.

Mr. Reeves responded to questions regarding the level of offense of obstructing police activity. Chief Henninger responded to questions regarding the types of crimes involved in a recent crime spike.

Maureen Cain, representing the Office of the State Public Defender, testified in support of SB 21-273.

Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in support of the bill.

Colette Tvedt, representing herself, testified in support of the bill.

Ms. Cain responded to questions regarding judicial discretion in levying money bond, and jurisdictions that have passed bills similar to SB 21-273 and subsequently repealed them. Ms. Cain responded to further questions regarding the potential use of summons on the crime rate, and trends in the use of nonmonetary bond. Discussion ensued regarding statistics associated with those in custody for low-level offenses who cannot make bond. Discussion returned to judicial discretion in the granting of bond.

Connie Brenton, representing herself, testified in opposition to SB 21-273. John Stein, representing the Colorado Association of Chiefs of Police, testified in opposition to the bill. Jeff Satur, representing the Colorado Association of Chiefs of Police, testified in opposition to the bill. Vincent Niski, representing the Colorado Springs Police Department, testified in opposition to the bill. Chief Dave Hayes, representing the Louisville Police Department and Colorado Association Chiefs of Police, testified in opposition to the bill.

Yara Hanlin Zokaie, representing the Latino Coalition of Weld County, testified in support of SB 21-273.

Dana Steiner, representing herself, testified in support of the bill.

Juan Marcano, representing himself, testified in support of the bill.

Rachel Friend, representing the City of Boulder, testified in support of the bill.

Mr. Marcano responded to questions regarding crime trends in Aurora.

Judith McGill, representing herself, testified in opposition to SB 21-273.

Topo Padilla, representing Crime Victims United, testified in opposition to the bill.

Eric Granof, representing AIA Surety, testified in opposition to the bill.

Mike Tayler, representing himself, testified in opposition to the bill.

Rebecca Wallace, representing the ACLU, testified in support of SB 21-273. LaQunya Baker, representing the Sam Cary Bar Association, testified in support of the bill. Meghan Baker, representing Disability Law Colorado, testified in support of the bill. Ms. Wallace responded to questions regarding prioritizing those who are to be detained and held while awaiting trial and her metrics for gauging the bill's success. Ms. Wallace responded to further questions regarding legislation similar to SB 21-273 in other jurisdictions. Discussion ensued regarding misunderstood issues associated with bond reform, and the types of crimes invoked by SB 21-273.

Shari Hack, representing herself, testified in opposition to SB 21-273. Ray Harlan, representing Colorado Victims for Justice, testified in opposition to the bill.  Rob Southey, representing Bankers Insurance Co., testified in opposition to the bill. Katie Biorn, representing herself, testified in opposition to the bill. Steve Mares, representing himself, testified in opposition to the bill. Mr. Harlan responded to questions regarding the bail system put in place in New Jersey under a reform effort.

Jessie Broom, representing herself, testified in support of SB 21-273. Anna Crawford, representing the Women's Lobby of Colorado, testified in support of the bill. Michael Neil, representing the Colorado Cross-Disability Coalition, testified in support of the bill. Tiffany Marsh, representing herself, testified in support of the bill. Melanie Kesner, representing the Interfaith Alliance of Colorado, testified in support of the bill. Ms. Broom responded to questions regarding potential harm to communities resulting from bond reform, and measuring the success of bond reform. Discussion ensued on these points. Ms. Broom responded to further questions regarding data associated with low-level crimes.

Javier Mabrey, representing himself, testified in support of SB 21-273.

Catherine Mabrey, representing herself, testified in support of the bill.

Elisabeth Epps, representing the Colorado Freedom Fund, testified in support of the bill.

Representative Benavidez explained the effect of amendment L.024 (Attachment E).

Representative Bacon explained the effect of amendment L.026 (Attachment ).

Representative Benavidez explained the effect of amendment L.032 (Attachment G).

Representative Roberts explained the effect of amendment L.028 (Attachment H). Discussion ensued regarding the merits of the amendment.

Representatives Benavidez and Bacon provided closing remarks in support of SB 21-273. Various committee members provided their positions on the bill.

The committee recessed.

The committee returned to order. Representatives Lontine and Gray, prime sponsors, presented Senate Bill 21-176, concerning protections for Colorado workers from discriminatory Representative Gray explained the effect of the bill and discussed its need. Representative Lontine provided details on the effect of the bill.

Julie Rieskin, representing the Colorado Cross-Disability Coalition, testified on SB 21-176 from an "amend" position. Sarah Mercer, representing the Colorado Competitive Council and the Denver Metro Chamber, testified in opposition to the bill. Meghan Dollar, representing the Colorado Municipal League, testified in opposition to the bill. Loren Furman, representing the Colorado Chamber of Commerce and the Colorado Bankers Association, testified in opposition to the bill. Laurel Witt, representing the Colorado Municipal League, testified in opposition to the bill. Discussion ensued regarding caregiver status as a protected class.

Emily Hanson, representing the Department of Human Services, testified on SB 21-176 from an "amend" position. Heidi Gordon, representing the American Council of Engineering Companies of Colorado, testified in opposition to the bill. Aubrey Elenis, representing the Colorado Civil Rights Division, testified on the bill from an "amend" position. Craig Hein, representing the CSDSIP, CASE, CASB, and the Rural Alliance, testified in opposition to the bill. Joyann Ruscha, representing Arc Thrift Stores, testified on the bill from an "amend" position. Discussion ensued regarding what constitutes discriminatory or unfair labor practices under the bill.

Kjersten Forseth, representing the Colorado AFL-CIO, testified in support of SB 21-176.

Clayton Wire, representing the Colorado Plaintiff Employment Lawyers Association, testified in support of the bill.

Michael Crews, representing One Colorado, testified in support of the bill.

Ian Kalmanowitz, representing the Colorado Plaintiff Employment Lawyers Association, testified in support of SB 21-176.

David Lichtenstein, representing the Colorado Plaintiff Employment Lawyers Association, testified in support of the bill.

Ellen Buckley, representing the Colorado Plaintiff Employment Lawyers Association, testified in support of the bill.

Mr. Kalmanowitz responded to questions regarding the severe and pervasive standard, as established by jurisprudence, and potential liability under a certain fact pattern.

Iris Halpern, representing the Colorado Women's Bar Association, testified in support of SB 21-176.

Michelle F., representing herself, testified in support of the bill.

Rachel Ellis, representing the Plaintiffs Employment Lawyers Association, testified in support of the bill.

Andrea Kuwick, representing the Bell Policy Center, testified in support of the bill.

Renee Larrate, representing the Women's Lobby of Colorado, testified in support of the bill.

Barry Roseman, representing The Colorado Plaintiffs Employment Lawyers Association, testified in support of the bill.

The chair laid over SB 21-176.