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H_JUD_2022A 03/23/2022 01:38:57 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
Date 03/23/2022
Attendance
Bacon X
Bockenfeld X
Carver X
Daugherty X
Luck *
Lynch *
Michaelson Jenet X
Roberts X
Woodrow X
Benavidez X
Weissman X
Time 01:38:57 PM to 09:32:25 PM
Place HCR 0107
This Meeting was called to order by Weissman
This Report was prepared by Bo Pogue
Hearing Items Action Taken
HB22-1258 Amended, referred to House Appropriations
SB22-021 Amended, referred to House Appropriations
HB22-1065 Amended, referred to House Appropriations
HB22-1300 Amended, referred to the Committee of the Whole
HB22-1164 Postponed Indefinitely

HB22-1258 - Amended, referred to House Appropriations


01:39:16 PM  

The committee was called to order. A quorum was present. Representative Bird, prime sponsor, presented HB 22-1258, concerning the creation of an essential services for youth special district in each judicial district in the state. Representative Bird explained the effect of the bill and discussed its need.

01:45:37 PM  
Brian Mason, representing the Seventeenth Judicial District Attorney's Office, testified in support of HB 22-1258.
01:47:50 PM  

Janet Rowland, representing Colorado Counties, Inc., testified in opposition to HB 22-1258. Melissa Thompson, representing the Office of the Respondent Parents' Counsel, testified in opposition to the bill. Discussion ensued regarding the process by which a special district is created under the bill.  Ms. Thompson responded to questions regarding demographics associated with at-risk youth, and the use of funding to collect program data. Discussion ensued regarding the age of eligibility for participating in programming created by the bill. Discussion returned to the process by which a special district is created under the bill.

02:09:24 PM  
Richard Wexler, representing the National Coalition for Child Protection Reform, testified on HB 22-1258 from an "amend" position. Mr. Wexler responded to questions regarding the organization he represents.
02:16:38 PM  

Donald Tripp, representing himself, testified in support of HB 22-1258. Jacqueline Meason, representing Advocates for Children with CASA, testified in support of the bill. Josephina Raphael-Milliner, representing CASA, testified in support of the bill. Discussion ensued regarding provision of essential services for youth across the state. Ms. Raphael-Milliner responded to questions regarding the age range served by CASA, and CASA's position on raising the eligibility age. Discussion followed regarding how demographic and cultural differences among the counties in the Eighteenth Judicial District will impact deployment of programming in the bill. Ms. Raphael-Milliner responded to questions regarding the applicability of the definition of "at-risk youth" to single-parent homes under the bill, and training CASA volunteers receive to help interact with diverse populations. Ms. Meason provided input on the latter issue. Ms. Raphael-Milliner responded to questions regarding a waitlist for receiving services under CASA programs.

02:43:28 PM  
Jewel Airiana, representing herself, testified in support of HB 22-1258. Ms. Airiana responded to questions regarding how her CASA volunteer helped her.
02:50:27 PM  
Robert Grant, representing CASA of the 17th Judicial District, testified in support of HB 22-1258.

Bob Lembke, representing himself, testified in support of the bill.

Benjamin Teevan, representing Fostering Colorado and the Colorado Association of Family & Children's Agencies, testified in support of the bill.

Don Moseley, representing the Ralston House Child Advocacy Center, testified in support of the bill.

Mr. Grant addressed questions raised during earlier testimony. Discussion ensued regarding the funding history for CASA. Mr. Moseley responded to questions regarding the level of state funding his organization receives. Discussion followed regarding setting up special districts that cover multiple political jurisdictions. Representative Bird provided input on this issue. She responded to questions regarding how to bridge the urban/rural divide with respect to creating special districts under the bill. Mr. Lembke responded to questions regarding donations made to youth services organizations under the bill.

03:39:31 PM  
Representative Bird explained the effect of amendment L.001 (Attachment A). Representative Bird responded to questions regarding the Judicial Branch's decision to not be an appointed entity under the bill, and levying of taxes under the amendment. Representative Bird responded to further questions regarding the experience required of appointing authorities under the amendment, and the removal of Department of Human Services directors from the scope of the bill by the amendment. Mr. Grant returned to provide input on this question.


03:54:32 PM
Motion Adopt amendment L.001
Moved Roberts
Seconded Weissman
Bacon
Bockenfeld
Carver
Daugherty
Luck
Lynch
Michaelson Jenet
Roberts
Woodrow
Benavidez
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
03:54:35 PM  
Representative Bird provided closing remarks in support of HB 22-1258. Various committee members provided their positions on the bill.


04:04:51 PM
Motion Refer House Bill 22-1258, as amended, to the Committee on Appropriations.
Moved Roberts
Seconded Michaelson Jenet
Bacon Yes
Bockenfeld Yes
Carver No
Daugherty Yes
Luck No
Lynch Yes
Michaelson Jenet Yes
Roberts Yes
Woodrow Yes
Benavidez No
Weissman Yes
Final YES: 8   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB22-021 - Amended, referred to House Appropriations

04:05:02 PM  
The committee recessed.
04:11:54 PM  

The committee returned to order. Representatives Benavidez and Amabile, prime sponsors, presented Senate Bill 22-021, concerning the treatment of persons with behavioral health disorders in the justice system. Representative Amabile explained the effect of the bill and discussed its need. Representative Benavidez provided further input on the bill. The committee recessed.

04:21:31 PM  
The committee returned to order.

James Karbach, representing the Office of State Public Defender, testified on SB 22-021 from an "amend" position.

04:23:31 PM  
Representative Benavidez explained the effect of amendment L.008 (Attachment B).


04:24:53 PM
Motion Adopt amendment L.008
Moved Benavidez
Seconded Weissman
Bacon
Bockenfeld
Carver
Daugherty
Luck
Lynch
Michaelson Jenet
Roberts
Woodrow
Benavidez
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
04:25:14 PM  
Representative Benavidez explained the effect of amendment L.007 (Attachment C).


04:25:55 PM
Motion Adopt amendment L.007
Moved Benavidez
Seconded Weissman
Bacon
Bockenfeld
Carver
Daugherty
Luck
Lynch
Michaelson Jenet
Roberts
Woodrow
Benavidez
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
04:25:57 PM  
Representatives Amabile and Benavidez provided closing remarks in support of SB 22-021.
04:28:42 PM  
Representative Carver registered concern with certain provisions in SB 22-021. Discussion ensued regarding her concerns.


04:35:32 PM
Motion Refer Senate Bill 22-021, as amended, to the Committee on Appropriations.
Moved Benavidez
Seconded Weissman
Bacon Yes
Bockenfeld Yes
Carver No
Daugherty Yes
Luck No
Lynch Yes
Michaelson Jenet Yes
Roberts Yes
Woodrow Yes
Benavidez Yes
Weissman Yes
Final YES: 9   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB22-1065 - Amended, referred to House Appropriations


04:35:42 PM  

Representative Benavidez and Amabile, prime sponsors, presented HB 22-1065, concerning the standard for emergency mental health treatment and evaluation. Representative Benavidez explained the effect of the bill and discussed its need. Representative Amabile provided additional input on the merits of the bill. In response to questions, Representatives Amabile and Benavidez clarified the effect of the bill. The sponsors responded to questions regarding how the bill will affect the number of people being placed under 72-hour holds, and data concerning the number of people currently placed on a hold. Discussion ensued regarding the threshold for triggering a mandatory hold under the bill, and the definition of "substantial risk" in the bill. Representative Benavidez responded to questions regarding instances where a "substantial" threshold restricted a liberty interest.

05:22:46 PM  

Lauren Snyder, representing Mental Health Colorado, testified in opposition to HB 22-1065. Ms. Snyder listed a number of organizations that she was also representing, and discussed mental health holds in other states. Ms. Snyder responded to further questions regarding her position on involuntary treatment, and the likely effect of the bill on the number of holds in Colorado. Ms. Snyder responded to questions regarding the various processes by which someone is placed under an involuntary mental health hold under current law, and costs associated with holds.

05:52:04 PM  
Gary D, representing himself, testified on HB 22-1085 from an "amend" position. Mr. D responded to questions regarding how a person might appear to be mentally stable but the person occasionally has psychotic breaks.
06:01:00 PM  

Representative Benavidez explained the effect of amendment L.001 (Attachment D).



06:01:58 PM
Motion Adopt amendment L.001
Moved Benavidez
Seconded Roberts
Bacon
Bockenfeld
Carver
Daugherty
Luck
Lynch
Michaelson Jenet
Roberts
Woodrow
Benavidez
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
06:02:00 PM  
Representatives Amabile and Benavidez provided closing remarks in support of HB 22-1065. Various committee members provided their positions on the bill.


06:33:55 PM
Motion Refer House Bill 22-1065, as amended, to the Committee on Appropriations.
Moved Benavidez
Seconded Bockenfeld
Bacon Yes
Bockenfeld Yes
Carver No
Daugherty Yes
Luck No
Lynch No
Michaelson Jenet No
Roberts Yes
Woodrow Yes
Benavidez Yes
Weissman No
Final YES: 6   NO: 5   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB22-1300 - Amended, referred to the Committee of the Whole

06:34:09 PM  

Representatives Carver and Daugherty, prime sponsors, presented House Bill 22-1300, concerning local enforcement against human trafficking by allowing the adoption of local ordinances to prevent human trafficking-related offenses in illicit businesses represented as massage businesses. Representative Carver explained the effect of the bill and discussed its need. Representative Daugherty further discussed the merits of the legislation. Representative Carver responded to questions regarding the various licenses that would be needed and regulations observed to operate as a massage therapist under the bill, the ability of local governments to conduct sting operations on massage parlors, and the ability of counties to conduct certain activities normally reserved for cities. Representative Daugherty provided additional input on the latter issue.

06:55:59 PM  

Carrie Geitner, representing El Paso County, testified in support of HB 22-1300. Creed Spillane, representing Bakhita Mountain Home, testified in support of the bill. Meghan MacKillop, representing the Colorado Municipal League, testified in support of the bill. Eric Bergman, representing Colorado Counties, Inc., testified in support of the bill. Commissioner Geitner and Mr. Spillane responded to questions regarding the number of illicit massage businesses located in Commissioner Geitner's jurisdiction. Commissioner Geitner responded to questions regarding the position of other county commissioner boards on HB 22-1300. Ms. MacKillop and Mr. Bergman responded to questions regarding potential land use implications in the bill, and incentives in the bill for counties to operate like cities in terms of licensure. Commissioner Geitner provided input on these issues. Discussion ensued regarding how many cities and home rule counties have used their licensure powers to regulate massage businesses.

07:26:18 PM  
Garin Vorthmann, representing the American Massage Therapy Association, testified on HB 22-1300 from a neutral position.

Laura Embleton, representing Associated Bodywork & Massage Professionals, testified on the bill from a neutral position.

Trevor Vaughn, representing the City of Aurora, addressed questions raised during earlier testimony.

Mr. Vaughn responded to questions regarding requiring identification for massage businesses. Discussion ensued regarding how massage businesses operate, and fees charged of massage businesses under the bill.

07:48:55 PM  

Representative Carver explained the effect of amendment L.001 (Attachment E).



07:50:56 PM
Motion Adopt amendment L.001
Moved Carver
Seconded Daugherty
Bacon
Bockenfeld
Carver
Daugherty
Luck
Lynch
Michaelson Jenet
Roberts
Woodrow
Benavidez
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
07:50:58 PM  

Representative Carver explained the effect of amendment L.002 (Attachment F).



07:52:44 PM
Motion Adopt amendment L.002
Moved Carver
Seconded Daugherty
Bacon
Bockenfeld
Carver
Daugherty
Luck
Lynch
Michaelson Jenet
Roberts
Woodrow
Benavidez
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
07:52:46 PM  
Representatives Daugherty and Carver provided closing remarks in support of HB 22-1300. Representative Carver read some public comments in support of the bill. Various committee members provided their positions on the bill.


08:00:28 PM
Motion Refer House Bill 22-1300, as amended, to the Committee of the Whole.
Moved Daugherty
Seconded Carver
Bacon Yes
Bockenfeld Yes
Carver Yes
Daugherty Yes
Luck Yes
Lynch Yes
Michaelson Jenet Yes
Roberts Yes
Woodrow Yes
Benavidez Yes
Weissman Yes
Final YES: 11   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB22-1164 - Postponed Indefinitely


08:00:41 PM  

Representative Williams, prime sponsor, presented House Bill 22-1164, concerning limitations on applications for clemency. Representative Williams explained the effect of the bill and discussed its need. Representative Williams responded to questions regarding historic jurisprudence that would have fallen under the purview of the bill, and how to determine when the appeals process has been exhausted under the bill. Discussion ensued regarding a court case cited by Representative Williams.

08:27:43 PM  

Daniel Meyer, representing the Powell Project, testified in opposition to HB 22-1164. Gail Johnson, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. Discussion ensued regarding commutations granted by Governor Polis, and whether the bill would invalidate them. Mr. Meyer responded to questions regarding whether removing certain provisions in the bill would solve some constitutional issues he cited during testimony, including violations of separation of powers. Discussion followed regarding the different types of clemency available to the Governor.  Representative Carver cited information on the Department of Corrections' website concerning clemency, and the process undertaken in the criminal case that gave rise to HB 22-1164. Discussion ensued on these points.

08:57:45 PM  
Melissa Goodall, representing herself, testified in support of HB 22-1164.
09:07:52 PM  

Representative Williams explained the effect of amendment L.001 (Attachment G). Discussion ensued regarding the merits of the amendment.



09:09:57 PM
Motion Adopt amendment L.001
Moved Carver
Seconded Bockenfeld
Bacon No
Bockenfeld Yes
Carver Yes
Daugherty No
Luck Yes
Lynch Yes
Michaelson Jenet No
Roberts Yes
Woodrow No
Benavidez No
Weissman No
YES: 5   NO: 6   EXC: 0   ABS:  0   FINAL ACTION:  FAIL
09:09:59 PM  
Representative Williams provided closing remarks in support of HB 22-1164. Various committee members provided their positions on the bill.


09:28:12 PM
Motion Refer House Bill 22-1164 to the Committee of the Whole.
Moved Carver
Seconded Bockenfeld
Bacon No
Bockenfeld Yes
Carver Yes
Daugherty No
Luck Yes
Lynch Yes
Michaelson Jenet No
Roberts No
Woodrow No
Benavidez No
Weissman No
YES: 4   NO: 7   EXC: 0   ABS:  0   FINAL ACTION:  FAIL


09:29:57 PM
Motion Postpone House Bill 22-1164 indefinitely.
Moved Woodrow
Seconded Bacon
Bacon Yes
Bockenfeld No
Carver No
Daugherty Yes
Luck No
Lynch No
Michaelson Jenet Yes
Roberts No
Woodrow Yes
Benavidez Yes
Weissman Yes
Final YES: 6   NO: 5   EXC: 0   ABS:  0   FINAL ACTION:  PASS


09:32:25 PM   The committee adjourned.






The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details