H_JUD_2023A 04/05/2023 02:47:23 PM Committee Summary

The committee was called to order. A quorum was present. Representative Weissman explained some procedures for the day's hearing. Representatives Gonzales-Guttierez and Armagost, prime sponsors, presented House Bill 23-1249, concerning measures to improve outcomes for young children by replacing justice involvement with community-based services. Representative Gonzales-Guttierez explained the effect of the bill and discussed its need. Representative Armagost provided additional input regarding the merits of the bill. Representative Gonzales-Gutierrez provided details on the bill's effect by section. Representatives Armagost and Gonzales-Gutierrez provided some examples of how the bill might affect the subject population. Representative Armagost read the testimony of someone who was committed to the Division of Youth Services. Representative Gonzales-Gutierrez responded to questions regarding the presentation of certain youth-related information to the Colorado Commission on Criminal and Juvenile Justice, and participation in the collaborative management program under the bill. Representative Gonzales-Gutierrez responded to further questions regarding how the bill intersects with dependency and neglect cases. Discussion ensued regarding diversion programs for youth. Representative Armagost responded to questions regarding experiences that led him to support HB 23-1249. Discussion followed regarding changes in state law surrounding juvenile prosecution in recent years, and the positions of certain stakeholders on the bill. Representative Gonzales-Gutierrez responded to questions regarding out-of-home placements for juveniles involved in the criminal justice system. Representative Armagost responded to questions regarding law enforcement's role under the bill.

Phillip Roybal, representing Colorado Circles for Change, testified in support of HB 23-1249.

Natalie Badour, representing FLY, testified in support of the bill.

Mr. Stuart Jenkins, representing Healthier Colorado, testified in support of the bill.

Lisel Petis, representing R Street Institute, testified in support of the bill. Ms. Petis responded to questions regarding diversion programming for youth, and a "paper trail" associated with youth crime under the bill. Discussion ensued regarding the effectiveness of collaborative management programs. Ms. Petis responded to questions regarding a fact pattern proposed by Representative Snyder, and the effectiveness of collaborative management programs.

Brian Mason, representing the 17th Judicial District, testified in opposition to HB 23-1249.

Mr. Michael Dougherty, representing District Attorney's Office - 20th JD (Boulder County), testified in opposition to the bill.

Ms. Alexis King, representing 1st Judicial District Attorneys' Office, testified in opposition to the bill. Discussion ensued regarding the stakeholder process in crafting the bill, and the average length of stay in a youth services center. Discussion followed regarding a fact pattern discussed during earlier testimony. Mr. Mason responded to questions regarding the ages of those in his judicial district that are being held for alleged homicide. Ms. Kimberly Hinton, representing the 17th Judicial District, responded to questions regarding the process of taking juveniles into custody. Mr. Mason responded to questions regarding the number of beds available for youth in his judicial district.

Julia Luciano-Burns, representing Brighter World Child Advocacy Center, testified in support of HB 23-1249. Mr. Michael Rose, representing himself, testified in support of the bill. Ms, Deborah Richardson, representing American Civil Liberties Union of Colorado, testified in support of the bill. Mr. Rose responded to questions regarding youth diversion programs Ms. Luciano-Burns responded to questions regarding victim preferences pertaining to services, and how the bill might address victim issues. Mr. Rose responded to questions regarding issues that youth who perpetrate crimes face in their personal lives. Discussion ensued regarding treating juveniles in the criminal justice system like adults. Dr. Carly Muller, representing Colorado Chapter of the American Academy of Pediatrics, testified in support of the bill.

Mrs. Ashley Bose, representing herself, testified in opposition to the bill. Mr. Patrick Bose, representing himself, testified in opposition to the bill.

Anaya Robinson read the testimony of Dr. Kerri Wingert in support of the bill. Christina Walker read the testimony of Jennifer Taylor in support of the bill. Ms. Dana Flores, representing themself, testified in support of the bill. Mr. Daniel Venman, representing Shiloh House, Inc., testified in support of the bill. Ms. Flores responded to questions regarding the protection order process for youth, and how service providers approach an alleged sexual assault by a youth.

Ms. Heidi McCollum, representing 5th Judicial District Attorneys' Office, testified in opposition to the bill.

Ms. Jessica Dotter, representing Colorado District Attorneys' Council, testified in opposition to the bill.

Judge Katie Kurtz, representing Colorado Municipal Judges Association, testified in opposition to the bill.

Tom Raynes, representing CDAC, testified in opposition to the bill. Ms. Dotter responded to questions regarding the number of sex offenses committed by children. Discussion ensued regarding the role of the Colorado Commission on Criminal and Juvenile Justice, and expanding youth diversion programs. Discussion followed regarding the stakeholder process in crafting HB 23-1249. Ms. Dotter related some crimes committed by juveniles, and responded to questions regarding certain juvenile crime statistics.

Ms. Katie Hecker, representing Colorado Office of the Child's Representative, testified in support of the bill.

Ms. Pamela Bisceglia, representing AdvocacyDenver and Arc of Colorado, testified in support of the bill.

Bridget Anshus, representing Mental Health Colorado, testified in support of the bill. Ms. Hecker responded to questions regarding due process

Chief Norm Haubert, representing Colorado Association of the Chiefs of Police - Westminster Police Department, testified in opposition to the bill.

Chief Brent Newbanks, representing Colorado Association of the Chiefs of Police - Mead Police Department, testified in opposition to the bill.

Mr. David Hayes, representing Colorado Association of Chiefs of Police, testified in opposition to the bill. Chief Haubert responded to questions regarding the choice on the part of law enforcement to arrest and hold juveniles.

Katie Wolf read the testimony of Katie Hancock, representing Colorado Coalition Against Sexual Assault, in a neutral position on the bill.

Ms. Jennifer Harris, representing herself, testified on HB 23-1249 from an "amend" perspective.

Mr. Thomas Davidson, representing Counties & Commissioners Acting Together (CCAT), testified on the bill from an "amend" perspective.

Sara Boylan, representing Boulder County, testified on the bill from an "amend" perspective. Ms. Wolf responded to questions regarding the reasoning behind the Colorado Coalition Against Sexual Assault's position on the bill.

Ms. Marilynn Ackermann, representing Together Colorado, testified in support of the bill.

Ms. Gail Ryan, representing herself, testified in support of the bill.

Ms. Jenny Catchings, representing Justice Action Network, testified in support of the bill.

Director of the Office of Children Youth and Families Minna Castillo Cohen, representing Colorado Department of Human Services, testified in opposition to the bill.

Director - Division of Criminal Justice Joe Thome, representing Colorado Department of Public Safety, testified in opposition to the bill.

Director Stan Hilkey, representing Colorado Department of Public Safety, testified in opposition to the bill. Ms. Castillo Cohen responded to questions regarding the ability of collaborative management programs to meet the requirements of HB 23-1249, and related some of the work she has done with the juvenile justice system. Ms. Castillo Cohen responded to further questions regarding services provided to justice-involved juveniles at the county level. Mr. Hilkey responded to questions regarding the role of the Colorado Commission on Criminal and Juvenile Justice in certain juvenile justice matters.

Ms. Alicia Garcia, representing herself, testified in support of the bill.

Dr. Robert Davis, representing Denver Task Force To Reimagine Policing and Public Safety, testified in support of the bill.

Mrs. Stephanie Watson Lewis, representing The Arc of Weld County/The Arc of Colorado, testified in support of the bill. Dr. Davis responded to questions regarding due process issues in the juvenile justice system.

Deputy Chief James Martin, representing Colorado Association of the Chiefs of Police-Pueblo Police Department, testified in opposition to the bill.

Chanise Sena, representing herself, testified in opposition to the bill.

Chief Adam Turk, representing Colorado Association of the Chiefs of Police - Greeley Police Department, testified in opposition to the bill. Chiefs Martin and Turk responded to questions regarding the process, and threshold, for arresting and holding juveniles.

Ms. Elizabeth Moran, representing The Arc of Colorado, testified in support of the bill.

Meighen Lovelace, representing Colorado Cross Disability Coalition, testified in support of the bill.

Mrs. Jamie Ulrich, representing Weld County Colorado, testified in opposition to the bill.

Barb Weinstein, representing Jefferson County, testified in opposition to the bill.

Michelle Dossey, representing Arapahoe County, testified in opposition to the bill. Ms. Dossey responded to questions regarding the ability of juveniles to refuse or avoid certain services. Discussion ensued regarding whether counties are equipped to abide by the directives of HB 23-1249, and the number of youth in the 10-12 age range receiving certain services. Discussion followed regarding the impact of the bill on the dependency and neglect system.

Ms. Heather Travis, representing Colorado Society of School Psychologists, testified in support of the bill.

Roman Ortiz, representing himself, testified in support of the bill.

Mrs. Marisa Krueger, representing Stand for Children, testified in support of the bill.

Nayeli Lopez, representing Young African American and Latinx Leaders, testified in support of the bill.

Ms. Laura Haller, representing Stand for Children, testified in support of the bill.

Ms Nicole Millan, representing herself, testified in support of the bill. Mr. Ortiz responded to questions regarding his future plans, and what happens if HB 23-1249 does pass.

Mollie Steinemann, representing Colorado Municipal League, testified in opposition to the bill. Sheriff David Lucero, representing County Sheriffs Of Colorado, testified in opposition to the bill. Courtney Sutton, representing Colorado Organization for Victim Assistance, testified in opposition to the bill. Sheriff Todd Rowell, representing County Sheriffs of Colorado, testified in opposition to the bill. Sheriff Rowell responded to questions regarding his experience with collaborative management programs. Ms. Sutton responded to questions regarding protection orders from the victim perspective. Sheriff Lucero responded to questions regarding the potential impact of the bill on children being used by crime rings. Discussion returned to protection orders. Discussion ensued regarding victim services available under HB 23-1249, and victim services representatives under the bill.

Ms Ivana Bejaran, representing Stand for Children, testified in support of the bill.

Noah Stout, representing himself, testified in support of the bill.

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

Ms. Ace Ahimsa, representing herself, testified in support of the bill.

Felipe Vieyra, representing himself, testified in support of the bill.

Ms. Emily Tofte Nestaval, representing Rocky Mountain Victim Law Center, testified in opposition to the bill.

Mrs. Kacey Brackney Pickard, representing herself, testified in opposition to the bill.

Mrs. Chelsea Thompson, representing herself, testified in opposition to the bill.

Deputy Chief Jeff Jensen, representing City of Colorado Springs, testified in opposition to the bill.

Commissioner Jennifer O'Hearon, representing Rio Grande County, Colorado, testified in opposition to the bill. Deputy Chief Jensen questions regarding the potential impact of the bill on juveniles being used by criminal gangs to perpetrate crimes.

Ms. Kristine Rolfes, representing 18th Judicial District Attorney's Office, testified in opposition to the bill.

Ms. Dawn Fritz, representing Colorado Parent Teacher Association, testified in support of the bill.

Dr. Michael Neil, representing Colorado Cross-Disability Coalition, testified in support of the bill.

Ben Parish, representing Together Colorado, testified in support of the bill.

Shawna Geiger, representing Office of Respondent Parents' Counsel, testified in support of the bill.

Ms. Nicole Duncan, representing ACLU, testified in support of the bill.

Ms. Dafna Gozani, representing National Center for Youth Law, Colorado Youth Justice Collaborative, testified in support of the bill.

Elise Logemann, representing Denver Public Schools, testified in support of the bill. Discussion ensued regarding the impact of HB 23-1249 on due process, and the use of diversion programs for juveniles. Discussion returned to assertions made during earlier testimony.

The sponsors discussed amendment L.001 (Attachment A).

Discussion ensued regarding amendment L.002 (Attachment B).

Representative Armogost explained amendment L.004 (Attachment C).

Representative Armogost explained amendment L.005 (Attachment D).

Discussion ensued regarding amendment L.007 (Attachment E).

Discussion ensued regarding amendment L.008 (Attachment F).

Discussion ensued regarding amendments L.009 (Attachment G) and L.010 (Attachment H).

Representatives Armagost and Gonzales-Gutierrez provided closing remarks in support of HB 23-1249. Various committee members provided their positions on the bill.

The committee recessed.

The committee returned to order. Representatives Epps and Mabrey, prime sponsors, presented House Bill 23-1182, concerning a requirement for remote public access to observe criminal court proceedings. Representative Mabrey explained the effect of the bill and discussed its need. Representative Epps provided additional input on the merits of the legislation. Discussion ensued regarding whether court proceedings conducted using remote technology will be saved for a period of time.

Rebecca Wallace, representing Colorado Freedom Fund, testified in support of the bill.

Jack Johnson, representing Disability Law Colorado, testified in support of the bill.

Mr. Jeff Roberts, representing Colorado Freedom of Information Coalition, testified in support of the bill.

Ms. Susan Greene, representing Colorado News Collaborative, testified in support of the bill. Ms. Wallace responded to questions regarding how remote viewing of court proceedings takes place, and policies established by the Judicial Branch surrounding livestreaming of court proceedings. Ms. Wallace responded to further questions regarding a court's ability to curtail certain streaming and screen-capture activities under HB 23-1182. Ms. Wallace responded to questions regarding the stakeholder process in crafting the bill.

Mr. James Karbach, representing Colorado State Public Defender's Office, testified on the bill from an "amend" position.

Ms. Emily Tofte Nestaval, representing Rocky Mountain Victim Law Center, testified in opposition to the bill. Ms. Nestaval responded to questions regarding her organization's position on HB 23-1182 should some forthcoming amendments pass. Mr. Karbach responded to questions regarding potential amendments to the bill that might address his concerns, and the bill's forthcoming amendments. Mr. Karbach responded to questions regarding audio capture by certain courts.

Catherine Ordonez, representing American Civil Liberties Union of Colorado, testified in support of the bill.

Mx. Dana Steiner, representing Colorado Freedom Fund, testified in support of the bill.

Ms. Jennifer Dillon, representing Bring Our Neighbors Home, testified in support of the bill.

Mr. Steven Zansberg, representing himself, testified in support of the bill.

Representative Epps explained the effect of amendments L.003 (Attachment I) and L.004 (Attachment J).  Discussion ensued regarding the effect of amendment L.004.

Representative Epps explained the effect of amendment L.005 (Attachment K). Discussion ensued regarding potential additional future amendments.

Representatives Mabrey and Epps provided closing remarks in support of HB 23-1182. Various committee members provided their positions on the bill.

Representatives Bacon and Weissman, prime sponsors, presented House Bill 23-1155 concerning the advisement of rights during a custodial investigation. Representative Bacon explained the effect of the bill and discussed its need. Representative Weissman provided additional input on the effect and merits of the legislation. Discussion ensued regarding how the bill guards against future court rulings pertaining to Fifth Amendment rights, and the creation of state and federal parallel tracks for Miranda rights by the bill.

Mr. Michael Tooley, representing himself, testified in support of the bill.

Mr. James Karbach, representing Colorado State Public Defender's Office, testified in support of the bill.

Taylor Pendergrass, representing ACLU of Colorado, testified in support of the bill.

Timothy Lane, representing Colorado District Attorneys' Council, was available to answer committee questions, and explained his organization's position on the bill if some forthcoming amendments were to pass. Mr. Tooley responded to questions regarding the public's perception and knowledge of Miranda rights, and how he came to testify before the committee.

Representative Weissman explained the effect of amendment L.004 (Attachment L).

Representative Bacon explained the effect of amendment L.005 (Attachment M).

Representatives Bacon and Weissman provided closing remarks in support of HB 23-1155. Representatives Soper and Evans discussed the merits of the bill.

The committee recessed.

The committee returned to order. Representative Bacon presented House Bill 23-1169, concerning a non-arrest response by law enforcement for certain low-level offenses. Representative Bacon explained the effect of the bill and discussed its need. Representative Bacon explained her request to postpone the bill indefinitely.

Mr Edward Schoenheit, representing himself, testified in opposition to the bill.

Joan Poston, representing herself, testified in opposition to the bill.

Representative Bacon further explained her request to postpone indefinitely HB 23-1169. Various committee members provided their positions on the bill and the motion.

Representative Epps, prime sponsor, presented House Bill 23-1214, concerning establishing procedures to apply for commutation of a criminal sentence. Committee members heard testimony on the bill at its March 7 meeting. Representative Epps provided a recap of the bill. Representative Epps explained the effect of amendment L.001 (Attachment N).

Representative Epps explained the effect of amendment L.003 (Attachment O).

Representative Epps explained the effect of amendment L.004 (Attachment P).

Representative Epps provided closing remarks in support of HB 123-1214