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S_JUD_2021A 02/18/2021 01:33:40 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
JOINT COMMITTEE COMMITTEE ON JOINT JUDICIARY
Date 02/18/2021
Attendance
Bacon X
Benavidez X
Bockenfeld X
Carver X
Cooke X
Daugherty X
Gardner X
Gonzales X
Luck X
Lynch X
Roberts X
Rodriguez X
Tipper X
Woodrow X
Weissman X
Lee X
Time 01:33:40 PM to 04:40:49 PM
Place Old State Library
This Meeting was called to order by Lee
This Report was prepared by Bo Pogue
Hearing Items Action Taken
Presentation by Legislative Council Services staff on Prison Population Projections Committee Discussion Only
Sex Offender Management Board (SOMB) Presentation Pursuant to Section 16-11.7-109, C.R.S. Committee Discussion Only

Presentation by Legislative Council Services staff on Prison Population Projections - Committee Discussion Only


01:34:00 PM  
The committee was
called to order.  All members were present.  Elizabeth Ramey
and Greg Sobetski, Legislative Council Staff, presented the office's December
2020 prison population forecast.  Committee members received copies
of the forecast (
https://leg.colorado.gov/publications/forecast-december-2020).
 Ms. Ramey discussed a reduction in the prison population over the
past year, and the factors impacting this reduction.  Ms. Ramey and
Mr. Sobetski responded to questions regarding the impact of Gubernatorial
release and reduction in admissions on the overall prison population reduction.
 Ms. Ramey responded to further questions regarding the data associated
with the various types of releases over the past year.
01:49:52 PM  
Discussion continued regarding the various categories of early release from prison. Mr. Sobetski responded to questions regarding a downturn in discretionary parole in the latter part of 2020, and a comparison of discretionary parole between 2019 and 2020. Ms. Ramey provided input on this issue. Discussion ensued regarding the number of parole-eligible offenders in recent years. Mr. Sobetski discussed the expected prison population for 2021.



Sex Offender Management Board (SOMB) Presentation Pursuant to Section 16-11.7-109, C.R.S. - Committee Discussion Only


02:17:49 PM  
Mr. Joe Thome, Director, Division of Criminal Justice within the Department of Public Safety, initiated a briefing on the Sex Offender Management Board (SOMB) pursuant to Section 16-11.7-109, C.R.S. Ms. Kimberly Kline Vice Chair of the SOMB and Approved Treatment Provider Representative, provided some history on the SOMB, and discussed its duties and functions. Mr. Chris Lobanov-Rostovsky, Administrator, Sex Offender Management Unit, Office of Domestic Violence and Sex Offender Management, discussed statistics associated with sex offenses in Colorado, and the successes of the SOMB in reducing sex offender recidivism. He also discussed changes to the system's guiding principles.
02:41:25 PM  
Mr. Lobanov-Rostovsky continued to brief the committee on trends in sex offender management, discussing a recently implemented data collection system and its utilization.
02:53:21 PM  
Allison Boyd, First Judicial District Attorney's Office and SOMB Victim Representative, discussed the serious nature of sex crimes and programming to mitigate the perpetrators of these crimes. Dr. Carl Blake, Director of Sex Offense Specific Services, Division of Youth Services, and member of the SOMB, discussed the operations of the various SOMB committees and stakeholder groups.
03:04:11 PM  
Discussion ensued regarding claims made by the State Auditor's Office with respect to the SOMB's standards being supported by research. Discussion followed regarding the efficacy of the system set up to manage sex offenders.
03:18:18 PM  
Discussion continued regarding the proper model for managing sex offenders.
03:22:46 PM  
The following persons testified regarding the SOMB:

Katie Abeyta, representing herself, discussed statistics and ramifications associated with sex offenses.

Jean McAllister, representing the Colorado Organization for Victim Assistance and the WINGS Foundation, followed up on the testimony of Katie Abeyta and discussed research into sex offenses.

03:30:08 PM  
Dale Jenkins, representing Advocates for Change, discussed the efficacy of the SOMB and its processes.
03:35:33 PM  
Ms. Jenkins responded to questions regarding information not reported in the SOMB's Legislative Report.
03:38:45 PM  
Rick Ostring, representing CSOR, recounted his experiences as a sex offender who must undergo various exams. Mr. Ostring responded to questions regarding his inability to successfully complete sex offense treatment despite his low risk rating.
03:44:06 PM  
Patricia Harris, representing Advocates for Change, discussed the lack of oversight of the SOMB and sex offense treatment providers,
03:49:03 PM  
Fred Mayberry, representing himself, recounted his efforts to rehabilitate as a convicted sex offender.
03:58:33 PM  
Mike Petrash, representing the Boulder District Attorney's Office and the Colorado District Attorneys' Council, registered support for the SOMB, as well as standards and guidelines for sex offender management. Mr. Petrash responded to questions regarding the council's position on the SOMB.
04:03:30 PM  
Augustine Garcia, representing himself and Advocates for Change, questioned the validity and efficacy of polygraph tests.
04:06:45 PM  
Charles Swift, representing himself, discussed his experience as a sex offender released from prison and classified as a sexually violent predator. Mr. Swift responded to questions regarding who assigned his classification.
04:11:42 PM  
Roger Kincade, representing Advocates for Change, questioned the operation of the SOMB, and what can be done to effect change.
04:14:27 PM  
Susan Walker, representing CSOR, compared Colorado's sex offender management system to those in other states, and questioned the classification of certain sex offenders in spite of their risk levels. Ms. Walker responded to questions regarding the sexually violent predator designation.
04:24:01 PM  
Michael Dell, representing Colorado CURE, discussed some jurisprudence concerning the SOMB.
04:26:24 PM  
Laurie Rose Kepros, representing the Office of the State Public Defender and the Colorado Criminal Defense Bar, provided some history on the SOMB, and discussed the metrics measuring the board's success. Ms. Kepros responded to questions regarding the Lifetime Supervision Act, and difficulties sex offenders experience in accessing treatment.


04:40:49 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