S_JUD_2020A 02/24/2020 01:35:29 PM Committee Summary

Senators Gardner and Lee, co-prime sponsors, explained Senate Bill 161, concerning pretrial release, and, in connection therewith, requiring a pretrial release assessment process, an administrative order for immediate pretrial release without monetary conditions, and a pretrial services program.  Senator Garnder discussed the Commission on Criminal and Juvenile Justice (CCJJ) and its contribution to this bill.  He noted that pretrial detainees may spend more time on pretrial status than on an actual sentence.  He acknowledged that the bill imposes significant new responsibilities on counties. 

The committee asked questions about the stakeholder process, release criteria and requirements, and funding.

Phil Weiser, Attorney General, testified in support of the bill.  He discussed public safety, impact on pretrial detainees, and funding. 

Bo Zeerip, representing the District Attorney's Office in the 21st Judicial District, testified in support of the bill.  He discussed the pretrial release program in Mesa County. 

Maureen Cain, representing the Office of the State Public Defender, testified in support of the bill.   She distributed the following handouts:  Initial Bond Set CY 2011- 2018 (Attachment A); a spreadsheet of pretrial program costs by county (Attachment B); and a summary of pretrial services funding (Attachment C).  She recapped the work of CCJJ on the bill and also discussed funding.

The committee asked questions about pretrial programs and correlation with crime rates.  Discussion followed about presumption of release, best practices, and implementation of the program across counties.  Additional questions were raised about the pretrial program in New Jersey.  

Committee discussion ensued about risk assessment instruments and program costs. 

John Kellner, representing the District Attorney's Office in the 18th Judicial District, testified in opposition to the bill. He discussed best practices and risk assessment instruments.  

Jeff Lindsey, representing the District Attorney's Office in the 4th Judicial District, testified in opposition to the bill.  He expressed concerns about unfunded mandates. 

Jeff Clayton, representing the American Bail Coalition, testified against the measure. 

Committee members asked questions about ankle monitors, bond violations, and other release conditions.  The committee asked further questions about individuals being released on recognizance and committing new crimes. 

Kyley Burress, representing Colorado Counties, Inc. (CCI) , spoke in opposition to the billl.  She expressed  concerns about costs to counties. 

Gini Pingenot, representing CCI, testified in opposition to the bill. She discussed unfunded mandates and implementation costs.

Rob Southy, representing Bankers Insurance Company, testified in opposition to the bill. He discussed risk assessments and inherent bias. 

The committee discussed and asked questions about risk assessment instrument validation.

Liz Kenny, representing Disability Law Colorado, testified in favor of the bill. She discussed the disproportionate number of disabled people in jail. 

Don Klemme, representing Arapahoe County, testified in support of the bill, if amended to address supervision fees.  He provided a handout outling his concerns (Attachment D). 

Victoria Terranova, representing the University of Northern Colorado, spoke from a neutral position on the bill.  She discussed a study she is conducting for the state regarding a pretrial risk assessment instrument. 

The committee asked questions about funding. 

John Seward, representing himself, testified in support of the bill. He provided pretrial statistics and discussed costs and risk assessment instruments. 

Joe Thome, representing the Division of Criminal Justice in the Division of Public Safety, testified in favor of the measure.  He provided technical information about grants management and discussed fiscal impacts.

Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in support of the bill.  She discussed emergency warrants and judicial discretion. 

Cheryl Wilson, representing herself, testified in favor of the bill.

Judge Robert Frick, representing the Colorado Municipal Judges Association, testified from a neutral position on the bill.  He discussed impact on municipal courts.

Rebecca Wallace, representing the American Civil Liberties Union (ACLU), spoke in favor of the measure.  She discussed funding, bail bond conditions, and plea deals.  

Elizabeth Epps, representing the Colorado Freedom Fund, testified in support of the bill. She discussed pretrial programs and risk assessment tools and suggested a study.

Stan Hilkey, representing the Department of Public Safety, testified in favor of the measure.  He discussed the work of the CCJJ on the bill and funding. 

Senator Gardner distributed and explained Amendment L.009 which addresses the fiscal impact for the Judicial Department (Attachment E).

Senator Gardner distributed and explained Amendment L.010 which makes a technical change (Attachment F). 

The amendment phase was concluded. 

Senators Gardner and Lee wrapped up and emphasized the goal of bill to have fewer people held in jail on pretrial status.

Committee members shared their positions on the bill.

Senator Lee, sponsor, explained Senate Bill 20-172, concerning a requirement that a court hold a bond setting hearing within forty-eight hours after an arrestee's arrival at a detention facility. 

Committee members asked questions about costs and funding. 

Kyley Burress, representing CCI, testified in opposition to the bill. She discussed local government implementation costs and other funding issues.

Gini Pingenot, representing CCI, testified in opposition to the bill. She discussed unfunded mandates and raised concerns about the grant concept, as outlined in the bill. 

Byron Pelton, Logan County Commissioner, testified in opposition of the bill. He discussed implementation costs.  

Matthew La Crue, representing the County Sheriffs of Colorado, testified in opposition to the bill. He discussed costs and impacts on counties. 

Tom Raynes, representing the Colorado District Attorneys' Council, testified against the bill. He distributed a letter from the Office of the District Attorney in the 9th Judicial District outlining concerns about the bill (Attachment G). He discussed the impact on district attorneys and technological and broadband issues relating to bond hearings held on weekends. 

Jeff Lindsey, representing the District Attorney's Office in the 4th Judicial District, testified in opposition to the bill.  He discussed the impact on prosecutors.

Don Klemme, representing Arapahoe County, spoke in opposition to the bill. He discussed burdens on counties and the need for more time to understand costs.

Steve Vasconcellos, representing the Judicial Department, spoke from a neutral position on the bill and made himself available for questions.

John Seward, representing himself, testified in support of the bill.

Eva Frickel, representing Colorado Freedom Fund, testified in support of the bill.

Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in favor of the measure.

Darren Cantor, representing the Office of the Alternate Defense Counsel, testified in support of the bill.

Maureen Cain, representing the Office of the State Public Defender, testified in favor of the bill.  She noted that three jurisdictions currently offer bond hearings every day of the week. 

The committee asked questions about bond hearings and warrants. 

Denise Maes, representing ACLU, testified in support of the bill. She addressed concerns raised by the opponents of the bill and stressed that 48 hour bond hearings will be implemented either through legislation or litgation. 

Rebecca Wallace, representing ACLU, spoke in favor of the bill.  She discussed out-of-county holds and lawsuits about prompt bond hearings.

Committee discussion followed about access to bond commissioners and jurisdictions that do not want to participate.

Hilary Aizenman, representing herself, testified in favor of the bill. She discussed out- of-county warrants.

Elizabeth Epps, representing the Colorado Freedom fund, testified in support of the bill. She provided examples of indiviuals spending long periods in jail awaiting bond hearings. 

Senator Lee distributed and explained Amendment L.001 regarding district attorneys and access to grant money (Attachment H). 

Senator Lee distributed and explained Amendment L.002 which addresses hearings from a remote location (Attachment I).  

Senator Lee made closing comments.