The “Colorado Open Records Act,” or CORA, which keeps public records open for inspection by the public, allows exceptions for records pertaining to police investigations, attorneys and security investigations. House Bill 1036 makes clear that the exemption includes all civil, administrative or criminal cases.

Rep. Jim Kerr, R-Littleton, sponsor of the measure, says the clarification is needed to protect sensitive information.

“If you have the information ahead of time, you can compromise peoples lives,” Kerr told the House Judiciary Committee today. “Right now, transparency is accomplished when a case is finished without an ongoing fishing expedition.”

The committee debated the bill but delayed action until a later date.

However, Rep. Daniel Kagan, D-Cherry Hills says if adopted the measure would compromise the public’s right to have access to public documents.

“I have serious concerns that this is a loss of transparency, drawing a cloak over the processes of government,” said Kagan.

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Sponsored by Sen. Tim Neville, R-Littleton, Senate Bill 25 would have granted all law-abiding Coloradans, including students and others on campuses, the same concealed-carrying privileges given to those with permits.

Neville said it’s a matter of trust and Second Amendment rights.

“We as legislators need to trust our citizens,” said Neville. “ I don’t believe we should have to carry any permit.”

Yet, Sen. Bob Bacon said law-abiding citizens are prone at times to misbehave.

“The law abiding citizen is not a permanent condition,” said Bacon. “I’m concerned what will happen to students on campuses.”

The measure failed on a party-line vote, with majority Democrats, including Bacon, opposing the legislation.

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Sen. Scott Renfroe, R-Greeley, sponsor of Senate Bill 50, said he wanted to get people’s views on the issue, and he said the response now has gone viral.  Renfroe said he is getting emails at least every 15 minutes from folks saying they support his bill.

“I can’t tell you how many people come up to me and tell their stories about the cameras,” said Renfroe.  “The e-mails I am getting in droves are all in favor of doing away with the cameras.”

City governments are saying it’s about safety, says Renfroe,  but the Weld County lawmaker begs to differ. He says it’s really about generating revenue for local coffers.

“It’s not about safety,” said Renfroe. “It’s just ridiculous to go with cameras and ‘Big Brother’ looking for money.”

Yet, Rep. Randy Fischer, D-Fort Collins, says the proposal interferes with decisions best left to local communities.

“We don’t need state government micromanaging local traffic laws,” said Fischer. “Colorado has a long tradition of local control. Community policing belongs in the community.”

Renfroe’s legislation comes as controversy has erupted again in Denver over the use of red-light cameras, which an audit found were routinely issuing citations to motorists merely for stopping past the white line at intersections.

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Bender, speaking Thursday before the Joint Budget Committee, cited House Bill 1180, sponsored last spring by Rep. Claire Levy, D-Boulder, and Sen. Lucia Guzman, D-Denver, as an example.

The bill looks at ways to reduce recidivism by requiring the judge, when considering an appropriate sentence—incarceration, probation, or other corrective measures–to look at factors in the defendant’s background or circumstances that may influence a risk of re-offending. The approach is called evidence-based sentencing.

Bender said the new way of considering appropriate sentencing makes sense, but judges and probation officers need training to learn its nuances.

“This (evidence-based sentencing) represents the largest single change in how the criminal justice system operates,” said Bender. “Every year, the legislature passes about 400 laws, and every year, the appellate courts pass about 3,800 applications, and so it places an enormous amount of stress and strain to keep up with things for a trial judge.”

The budget committee’s chair, Rep. Cheri Gerou, R-Evergreen, noted that the House showed restraint by passing fewer bills last year than over the last several decades.

“A lot of us agree that less is more,” Gerou said. “The dynamics of what we do when you become a part of the most dysfunctional family you’ve ever been a part of—ideas are never in short supply.”

Still, Bender readily concedes that HB 1180 imposed a needed change in sentencing practices.

“I think we’re doing so much more with evidence-based sentencing  than we ever did before,” said Bender.

Levy, while encouraged that the bill she sponsored was appreciated by the judiciary, said there is still more to be done.

“I was told that they (probation) don’t have information about community correction programs, and they really couldn’t assess all the options and present that to the court,” said Levy. “It’s an area where, if we could break down even more barriers and get more information about all the programs and the effectiveness of the programs, House bill 1180 could be even more effective.”

In all, the department is requesting authorization of an additional $585,500 to expand on existing training programs.

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Democratic Sen. Pat Steadman, of Denver, said there are limits to what can be done at the state level because of federal laws that rigidly adhere to the illegality of marijuana. Steadman made the remarks Saturday at the Medical Marijuana Assistance Program of America’s first town hall meeting at their new headquarters in Denver.

“I tried to take a few of the rough edges off of our regulatory scheme,” said Steadman. “I’m becoming increasingly frustrated because I’m becoming more and more acutely aware of the fact that I don’t think the solution to this problem lies here in the state of Colorado, and I don’t know if there’s anything we can do at the Capitol in Denver to actually fix this.”

Of primary concern, said Steadman, is the refusal of banks in Colorado to do business with medical marijuana dispensaries stemming from fears of federal investigations.  The lack of banking opportunities is creating a recipe for crime, says Steadman.

“It’s become a cash business, and when you have that kind of cash lying around, we know what kinds of problems that creates,” said Steadman.  “It’s just a ticking time bomb, and it’s just going to get worse the more we force this industry to work on a cash basis. I’ve hit a brick wall, I think, in what we can do, and whatever we try and do at the state level I don’t think is actually going to work because of federal laws around banking.”

The federal government has made it clear, says Steadman, that banks servicing medical marijuana dispensaries  are involved in illegal activity.

Even if state legislation could turn the corner, Colorado Attorney General John Suthers may not be supportive,  given his overall reluctance to support broader interpretations of Amendment 20, the voter-approved constitutional provision legalizing medical marijuana in 2000. Spokesman Mike Saccone said the Republican attorney general’s preference is for the approach outlined in the constitutional amendment, allowing for marijuana to be grown and used for medical purposes rather than sold through dispensaries.

“In an ideal world, he’d like to go back to the patient-caregiver system established in Amendment 20,” said Saccone. “Whether or not the toothpaste is already out of the tube is another matter.”

Steadman said he had been working on possible legislation over the summer to address the banking issue, but he now has serious reservations and is considering giving up the idea. The solution may hinge on efforts by U.S. Rep. Jared Polis, D-Colorado, who is working on the issue at the federal level, says Steadman.

“I haven’t given up yet, but I may have to, ” said Steadman. “We may have to bank on what Polis can do in Washington.”

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The task force, established under Senate Bill 11-133, sponsored by Sens. Evie Hudak, D-Arvada, and Linda Newell, D-Littleton, and Rep. B.J. Nikkel, R-Loveland, was tasked with examining once-proliferating zero-tolerance policies, the use of legal sanctions for students, and how schools interact with the juvenile justice system.

Affording local discretion at the local level; eliminating most mandatory expulsions; a retooling of suspension policies; integrating restorative justice opportunities, and the role of law enforcement will all be addressed in the soon-to-be-drafted omnibus bill. Tuesday was the deadline for the bill’s contents—in conceptual form—to be approved by lawmakers on the panel and submitted for drafting by staffers.

Critics say the one-size-fits-all “zero-tolerance” policies at public schools—introduced in the ’90s on campuses across the country to stem a perceived surge in violence, illegal drug use and disciplinary woes—have tied educators’ hands and are forcing too many youths into the justice system, often for minor infractions.

Newell, who co-chairs the committee with Nikkel, said she is pleased with the bill that is emerging and is particularly pleased that Colorado could be a trend setter in revisiting zero-tolerance policies.

“Schools and parents are going to love what this bill does,” said Newell.  “There’s significant meat to this bill. Other states are watching what we do on this and I think we’ll be on the leading edge of this issue.”

Rote punishments, meted out in accordance with strict guidelines, have often resulted in kids falling prey to what some have been calling a “school-to-prison pipeline,” said Newell.

“It’s exciting to think that we can help reverse the trend for zero-tolerance and reduce unnecessary punitive actions for kids that get caught up in the system,” she said.

The task force’s Rep. Libby Szabo, R-Arvada, says giving schools the opportunity to assess an incident—and respond appropriately—on a case-by-case basis will produce better results.

“I’m hoping that the discretion will result in common-sense policy that is determined at the local level,” said Szabo. “Common sense will ensure that we don’t over- or under-discipline and will allow children to be treated as individuals who have their own unique personalities and circumstances.”

The panel will meet again in October to fine-tune the proposed legislation.

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House  Bill 11-1145, sponsored by Rep. Beth McCann, D-Denver, and Sen. Lois Tochtrop, D-Thornton, requires all child-care workers hired after Aug. 10, 2011 to have a criminal history check through both the Federal Bureau of Investigation and the Colorado Bureau of Investigation. Previously, only the CBI check was done, with the FBI check occurring only if the worker had lived in Colorado less than two years.

Inclusion of the federal background check for all applicants, says Tochtrop, ensures that the applicant doesn’t have a record that might not be flagged on a state background check.

“It’s important that we do this because we need to protect the most vulnerable—young children. The added background check ensures their safety,” said Tochtrop.

Sen. Scott Renfroe, R-Greeley, in support of the proposal while it was being considered by lawmakers, said that the added scrutiny could benefit providers as well as the children.

“The kids will be more protected with the more thorough background check, but it will also help protect providers from liability,” said Renfroe.

House Bill 11-1278, sponsored by Rep. Bob Gardner, R-Colorado Springs, and Democratic Senate Majority Leader John Morse, also of Colorado Springs, clarifies responsibilities regarding sex-offender registration, including when the offender moves from one jurisdiction to another.

Morse said the clarifications, now in place, will make it more likely that sexual offenders who are required to register don’t slip under the radar due to any gaps in the law governing registration.

“From the police’s standpoint, this makes it easier for them to do what they have to do and also makes it easier for the offenders to do what they need to do to comply,” said Morse.

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House Bill 11-1032, sponsored by Rep. Pete Lee, D-Colorado Springs, and Sen. Linda Newell, D-Littleton, brings victims, defendants and community members together to talk about an offense in an effort to repair the harm done. Such restorative justice, says Lee, has been shown to “significantly reduce the number of repeat offenses in a community.”

“Right now, one third of our kids don’t graduate from high school, and more than 50 percent of inmates return to prison,” said Lee.  “Restorative justice is the change we need.  Where it is appropriate, when victims and offenders meet face to face, offenders learn about the impact of their crime from the victims, and they begin to feel empathy, often for the first time. Empathy is the beginning of transformation.”

Rep. Bob Gardner, R-Colorado Springs, chair of the House Judiciary Committee, says he supports the concept as long as the victim doesn’t object.

“Restorative justice can and does work for some situations,” said Gardner. “As long as the victim is OK with it, it can be a great tool.”

While HB1032 looks at ways to reduce recidivism by therapeutic methods, House Bill 11-1180, sponsored by Rep. Claire Levy, D-Boulder and Sen. Lucia Guzman, D-Denver, looks at ways to reduce recidivism by requiring the judge, when considering an appropriate sentence—incarceration, probation, or other corrective measures–to look at factors in the defendant’s background or circumstances that may influence a risk of re-offending.

“It’s about getting the right information about the individual to the judge before sentencing. It tells the judge to keep their eye on the goal of reducing the risk of re-offending,” said Levy.  “Sometimes, if you over supervise too much, it can backfire, such as if someone cannot take time off work to fulfill a requirement. It can be a setback.”

When 90 percent of those who are sent to prison inevitably leave prison, Levy says any available tool, however small, such as evaluating an individual’s circumstances at sentencing, is well worth our while.

“At some point they’ll be living among us,” said Levy. “This is a beginning, baby-steps really. There’s still a lot to do towards reducing recidivism.”

Gardner, who signed on as a co-sponsor of Levy’s bill, agrees that it is a difficult task to take on, but it’s a step in the right direction.

“It’s difficult to reduce recidivism, and sometimes the system makes it difficult.  There’s not a magic bullet but there are some things that we can do,” said Gardner.  “When these people are reintegrated into society, it’s in our best interest to have done whatever we could to prevent them from committing another crime.”

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Critics particularly blame one-size-fits-all “zero-tolerance” policies at public schools, which they say have tied educators’ hands and are forcing too many youths into the justice system.

The task force—established under Senate Bill 11-133, sponsored by Sens. Evie Hudak, D-Arvada, and Linda Newell, D-Littleton, and Rep. B.J. Nikkel, R-Loveland—will examine not only zero-tolerance policies  in particular but also more generally the use of legal sanctions for students and how schools interact with the juvenile justice system.  After the task force—consisting of lawmakers as well as experts in school discipline—finishes its work, it will report its findings in November to the legislature with recommendations for proposed policy changes.

Newell says taking a look at discipline issues will be, “a huge step toward restoring balance and fairness to school-discipline policies in our state.” She said reform is overdue.

Critics of the status quo say zero-tolerance school-discipline policies dictate suspension and expulsion even for student behavior that in the past was handled within the school environment.

Panel member Yvette Plummer said her son, a special-needs child and a minority, is statistically at risk for becoming ensnared in zero-tolerance policies.

“I don’t want my child to become a statistic,” said Plummer.  “These kids have a higher chance of being on the school-to-jail-track.”

Panel member Libby Szabo, a Republican representative from Arvada, said the zero-tolerance philosophy too often misses the mark.

“It can be just as detrimental to over-discipline as it is to under-discipline,” said Szabo. “There are just too many instances where kids are caught up in this policy unjustifiably.”

The lawmakers discussed alternatives including restorative justice, intervention and other policies that allow for flexibility within the schools themselves. Keeping kids in school rather than suspended or expelled was the common theme.

Members of a student-advisory group also addressed the panel, saying they will be bringing their unique perspective to the meetings since they see up close the impact discipline policies have on students. They said “too many of our members are being expelled, and we think more kids should be allowed to prepare for college without a criminal record. Let’s get them off the school-to-jail track and onto the go-to-college track.”

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State Education Board Chair Bob Schaffer, who long had advocated for a parental-notification law, says he’s not willing to backpedal when it comes to a parent’s right to know.

“I don’t mind the debate, but if they (the CEA) want to put the best interests of alleged pedophiles and child abusers above the safety of children and keep parents in the dark, I take the side of parents,” said Schaffer, a a Fort Collins Republican and former congressman who represents Colorado’s Fourth Congressional District on the board.

CEA spokesman Mike Wetzel says the union’s June 30 lawsuit asks the courts to declare the rule unconstitutional because it “will create fear and unrest among students, parents and school employees in the school community” while also presuming the guilt of the accused.

“Let’s face it: Bad things happen to good people,” said Wetzel.  “The parental-notification rule does nothing to further protect students, nothing to alleviate the concerns of parents, but everything to destroy the career of any school employee wrongly accused.”

Wetzel says that an accused employee, who is later found not guilty, simply may not be able to recover from the ordeal. Schools may also wind up losing good people, says Wentzel.

“The court of public opinion is an unjust, ugly place, and we can’t support laws that will drive fine educators into that abyss,” said Wetzel.

The policy, which went into effect at the end of May, was enacted by a unanimous board vote and has received the  editorial endorsement of the Denver Post. However, it has drawn fire from the statewide lobbies representing local school boards and superintendents.

Schaffer says it’s one thing to recognize the rights of the accused in the justice system but quite another simply to keep parents informed so they can do what they believe is best for their own children.

“Would you want Casey Anthony, who was acquitted, to babysit your child?” asks Schaffer. “Parents, are bosses in the school system, and deserve to be as fully informed as the school districts are. We need to put the safety of children first, ahead of the interests of dues-paying employees, and let the parents decide about their children’s safety.”

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