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S_JUD_2023A 02/08/2023 03:19:04 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON JUDICIARY
Date 02/08/2023
Attendance
Gardner X
Roberts X
Van Winkle X
Rodriguez X
Gonzales *
Time 03:19:04 PM to 08:06:05 PM
Place Old Supreme Court
This Meeting was called to order by Gonzales
This Report was prepared by Juliann Jenson
Hearing Items Action Taken
Conf 23-Parole — State Board Of Favorably Refer to Full Senate - Consent Calendar
SB23-074 Referred to Senate Appropriations
SB23-072 Referred to Senate Appropriations
SB23-073 Referred to the Committee of the Whole - Consent Calendar
Sunset Hearing for the Sex Offender Management Board Committee Discussion Only

Conf 23-Parole — State Board Of - Favorably Refer to Full Senate - Consent Calendar


03:19:21 PM  

Michael Tessean, Director of the State Board of Parole, made introductory remarks. 

State Board of Parole confirmees introduced themselves and provided a brief explanation of their interest in the position:  Michelle Geng,  Joe Morales, JR Hall, and Darlene Acala

Committee members asked  the panel questions about work load and factors to consider when making parole decisions. 

 

03:51:47 PM  

Additional questions were asked about the pandemic, recidivism rates, treatment, and other programming. 

04:11:27 PM  

The next panel of State Board of Parole confirmees included Randi Moore, Greg Saiz, and Stephen Holmes.  They introduced themselves and provided a brief explanation of their interest in the position. 

They were asked the same questions about workload and decision-making. 



04:27:16 PM
Motion Refer the appointment of Michelle Geng to the Conf 23-Parole — State Board Of to the full Senate with a favorable recommendation and with a recommendation that it be placed on the consent calendar.
Moved Rodriguez
Seconded
Gardner Yes
Roberts Yes
Van Winkle Yes
Rodriguez Yes
Gonzales Yes
YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



Conf 23-Parole — State Board Of - Favorably Refer to Full Senate - Consent Calendar




04:27:59 PM
Motion Refer the appointment of Justin Hall to the Conf 23-Parole — State Board Of to the full Senate with a favorable recommendation and with a recommendation that it be placed on the consent calendar.
Moved Rodriguez
Seconded
Gardner Yes
Roberts Yes
Van Winkle Yes
Rodriguez Yes
Gonzales Yes
YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



Conf 23-Parole — State Board Of - Favorably Refer to Full Senate - Consent Calendar




04:28:24 PM
Motion Refer the appointment of Joe Morales, Darlene Alcala, Greg Saiz, Randi Moore, Stephen Holmes to the Conf 23-Parole — State Board Of to the full Senate with a favorable recommendation and with a recommendation that it be placed on the consent calendar.
Moved Rodriguez
Seconded
Gardner Yes
Roberts Yes
Van Winkle Yes
Rodriguez Yes
Gonzales Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB23-074 - Referred to Senate Appropriations


04:29:15 PM  

Senators Van Winkle and Ginal, co-prime sponsors, presented Senate Bill 22-074, concerning continuing human trafficking prevention training, and, in connection therewith, implementing the recommendations contained in the 2022 sunset report by the Department of Regulatory Agencies. 

Human Trafficking Program Manager Maria Trujillo, representing Department of Public Safety, testified in support of the bill.

04:40:54 PM  

The bill sponsors made closing remarks. 



04:41:46 PM
Motion Refer Senate Bill 23-074 to the Committee on Appropriations.
Moved Van Winkle
Seconded
Gardner Yes
Roberts Yes
Van Winkle Yes
Rodriguez Yes
Gonzales Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB23-072 - Referred to Senate Appropriations


04:42:19 PM  

Senator Rodriguez, bill sponsor, presented Senate Bill 23-072, concerning the continuation of the defense counsel on first appearance grant program, and, in connection therewith, implementing the recommendations in the 2022 sunset report by the Department of Regulatory Agencies. 

Judge Corin Flannigan, representing Colorado Municipal Judges Association, testified in support of the bill.

Meghan MacKillop, representing Colorado Municipal League, testified in support of the bill.

Mitchell Craddock, representing Department of Local Affairs/ Division of Local Government, was available to answer committee questions.

Committee members asked questions about grant program recipients and distribution of grant funds. 

 

 

04:57:53 PM  

Senator Gardner distributed and explained Amendment L. 001 about limiting grant funds to smaller communities (Attachment A). 

Committee discussion followed about the grant program's original intent.. 

 



05:06:07 PM
Motion Adopt amendment L.001 (Attachment A)
Moved Gardner
Seconded
Gardner Yes
Roberts No
Van Winkle Yes
Rodriguez No
Gonzales No
YES: 2   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  FAIL


05:06:45 PM
Motion Refer Senate Bill 23-072 to the Committee on Appropriations.
Moved Rodriguez
Seconded
Gardner No
Roberts Yes
Van Winkle No
Rodriguez Yes
Gonzales Yes
Final YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB23-073 - Referred to the Committee of the Whole - Consent Calendar


05:06:58 PM  

Senators Van Winkle and Moreno, co-prime sponsors, presented Senate Bill 23-073, concerning the continuation of the EPIC (evidence-based practices implementation for capacity) advisory board, and, in connection therewith, implementing the recommendations in the 2022 sunset report by the Department of Regulatory Agencies to repeal the advisory board. 

The bill sponsors explained that the EPIC advisory board is no longer necessary. 

 



05:11:28 PM
Motion Refer Senate Bill 23-073 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.
Moved Van Winkle
Seconded
Gardner Yes
Roberts Yes
Van Winkle Yes
Rodriguez Yes
Gonzales Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



Sunset Hearing for the Sex Offender Management Board - Committee Discussion Only


05:12:12 PM  

Brian Tobias, Director at Colorado Office of Policy, Research and Regulatory Reform,  Department of Regulatory Agncies, presented the Sex Offender Management Board (SOMB) sunset report and associated recommendations. 

The SOMB sunset report may be read here:  https://cdpsdocs.state.co.us/dcj/DCJ%20External%20Website/SOMB/Research.Reports/2022%20SOMB%20Sunset.pdf

Committee members asked questions about the size and function of the SOMB. 

 

05:34:19 PM  

Mrs. Marsha Brewer, representing Advocates for Change, testified. She recommended that the Department of Corrections (DOC) be removed from the purview of the SOMB.

Marshal Seufert, representing themself, testified and raised concerns about SOMB oversight of correctional programs. 

Mr. Tony Link, representing themself, testified about concerns with DOC sex offender treatment.

05:49:33 PM  

Mrs Tami Floyd, representing Advocate, testified about the sexually violent predator (SVP) designation.

Mrs. Stephanie Mays, representing themself, testified about wrongful convictions.

Esq. John Pineau, representing themself, testified about treatment provider choice. 

Committee members asked questions about wrongful convictions. 

06:06:43 PM  

Ms. Dianne Tramutola-Lawson, representing Colorado-CURE, Inc., testified about sex offender treatment and progress indicators. 

Ms. Justina Madenska, representing themself, testified about technical violations.

Mr. Jeff Wise, representing themself, testified about reentry barriers and sex offenders.

Committee members asked questions about the Reemerge program for formerly incarcerated individuals to manage the reintegration process. 

06:16:45 PM  

Ms. Gail Johnson, representing themself, testified about wrongful convictions and treatment participation.  

Mr. Roger Kincade, representing Advocates for Change, testified about treatment provider choice and suggested a one-time change request. 

06:23:58 PM  

Mr Rick Ostring, representing Second Chance Center, testified about the lack of treatment provider choice. 

Erika Unger, representing Bread & Roses Legal Center, testified about the LGBTQ community and related sex offender treatment. 

06:32:05 PM  

Susan Walker, representing herself, testified about sex offender treatment within DOC.

Cheryl Cheryl, representing Advocates for Change, provided testimony on behalf of an inmate.

Mr. Taber Powers, representing themself, testified about treatment providers.

Mr. Ken Mays, representing themself, testified about sunsetting the SOMB.

Mr. Michael Dell, representing Colorado CURE, testified about SOMB supervision and oversight of sex offender treatment services.

Committee members asked questions to the panel about telehealth and other concerns that were raised about the SOMB.

06:53:07 PM  

Mrs. Courtney Sutton, representing Colorado Organization for Victim Assistance (COVA), testified about victims and associated personal and monetary costs.

Ms. Jessica Dotter, representing Colorado District Attorneys’ Council, testified in support of the SOMB sunset report and recommended not to weaken treatment requirements for individuals in DOC.

Committee members asked questions about polygraph efficacy and SOMB or similar boards in other states. 

 

07:14:03 PM  

Program Manager - SOMB Chris Lobanov-Rostovsky, representing Colorado Department of Public Safety, was available for questions.

SOMB Program Coordinator Raechel Alderete, representing Department of Public Safety, was available for questions.

Dr. Carl Blake, sex offense specific and assessment services coordinator, representing Division of Youth Services, was available for questions. 

The panel answered questions from the committee about treatment providers and the LGBTQ popuation.  Discussion followed about evolvilng treatment guidelines and performance measures.  Further discussion ensued about SOMB models in other states, treatment progression indicators, lifetime supervision, DOC treatment, Spanish speaking providers, and teletherapy.  Additional questions were asked about the SOMB size and dynamics between members. 

07:51:33 PM  

Laurie Kepros, representing Office of the State Public Defender & Colorado Criminal Defense Bar, testified about the SOMB, generally, and lack of treatment in DOC.

She answered questions about the Lifetime Supervision Act, treatment progression indicators, and sex offender treatment opportunities within DOC. 

Written testimony about the SOMB may be found in Attachment B. 

 

08:04:23 PM  

The committee did not object to technical changes as needed by the Office of Legislative Legal Services. 



08:05:02 PM
Motion Introduce the draft bill Sunset Process Sex Offender Management Board as presented
Moved Gardner
Seconded
Gardner Yes
Roberts Yes
Van Winkle Yes
Rodriguez Yes
Gonzales Yes
YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS
08:05:05 PM  
Senators Gardner and Gonzales agreed to
sponsor the SOMB sunset legislation.


08:06:05 PM   The committee adjourned.






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