Advocates for Change Debate HB1138 in Colorado's Divided Legislature

Debate over wording and the provisions of HB1138 heated up last month as Advocates for Change, the prison reform lobby, addressed the Judicial Committees in both the House and the Senate to push for greater changes to the bill that could have far reaching effects on the state's sex offender Lifetime Supervision Act. InsideWire has obtained riveting abstracts from the testimony given before the Committees. First names are used to protect the privacy of those presenting. Testimony to the House Judicial Committee by Peggy: "Imagine for a moment that you or a loved one has been at a party and had a few drinks. Home is not far so you decide to drive. You are stopped and arrested. From that moment on, the DUI Management Board takes control of your life. You are labeled a danger to the community because of one bad decision. You are forced to undergo cruel treatment at a treatment facility, you are not allowed to have contact with you family, and are subjected to frequent polygraph examinations at a cost of $250 apiece. Suddenly you have the propensity to drive drunk every time you get behind the wheel, and there is no known cure for you. Eventually you are terminated from treatment for technical excuses (no new criminal behavior). You are sent to prison for 8 years to life, and will now have to publicly register as a convicted drunk driver for the rest of your life. I ask you now, where is your home invasion management board, where is your DUI management board, or armed robbery management board, hit and run management board? Sex offense is such an emotionally charged issue that it has been taken out of the realm of traditional crime and punishment. The result is that the baby is being thrown out with the bath water. A very lucrative cottage industry has sprung up, led by self-described 'experts' that have been given the authority to punish these crimes using methods that severely violate basic U.S. Constitutional rights. I do not want more victims of sexual offenders. I don't want more victims of home invasion, armed robbery or hit and run, either. Sexual offenses are a crime. Take the emotion out of the punishment and treat it like a crime. Impose a punishment that fits the crime and allow these offenders the opportunity to return to a normal, productive life free from the control of an SOMB." Testimony to the House Judicial Committee by Annie: "... there are the ones who received indeterminate sentences under the Lifetime Supervision Act who are also wasting away and being warehoused who have sentences such as 2-life, 3-life, etc., and are now in their 10th, 11th, 12th years of incarceration. The Lifetime Supervision Act was implemented to have the offender do their bottom number, and if they agreed to treatment and completed treatment they would be released on parole with a possibility of lifetime supervision. This over the years has now become a lifetime of incarceration. There are so many different crimes that fall into the category of a sex offense. These human beings need to be evaluated and treated based on their crime and possibility of re-offending. There is not a one size fits all. In the DORA Sunset Review dated October 15, 2009 the following was stated as part of the original bill regarding the Lifetime Supervision Act of 1998: ...incarcerating sex offenders for life is too costly to the state and a waste of human potential. The General Assembly determined that since sex offenders who receive treatment and supervision can function as safe, responsible, contributing members of society, a program under which sex offenders receive treatment and supervision, perhaps for their lifetime, is necessary for the safety, health, and welfare of this state.' As I stated before, we have all these human beings being incarcerated with indeterminate sentences not receiving proper treatment or given the opportunity to receive treatment as it was mandated and released for supervision under parole. Housing these people year after year treating their sentences as lifetime sentences goes against the intent of the Lifetime Supervision Act of 1998 and costing the tax payers thousands in additional money that could be better spent in other areas for the state of Colorado. Last year we were right here on HB10-1364 and DORA'S October 15, 2009 Sunset Review of the Sex Offender Management Board. Hundreds of hours and thousands of tax payers dollars were spent to put together the report, evaluations and recommendations by DORA. An overwhelming majority of both Democrats and Republicans voted in favor of all of DORA'S recommendations. However, as we all know that bill was vetoed by Governor Ritter. So now here we are, a year later with a new bill and important recommendations left out? It feels as if the DORA recommendations have been basically brushed under the rug along with all the thousands of taxpayer dollars. There is always talk of fiscal notes, deficit spending and budget cuts. Yet, here is a prime example of a waste of taxpayer dollars. Recommendations are just tossed out and only a few are kept in this new bill.... In closing, it is important that I mention that for myself and the members of Advocates for Change that we are advocates for Public Safety and No More Victims and for us to work with victims groups in order to help with the healing process. If we try to work in a collaborative effort and not on opposite sides we will be far more successful and effective in any legislative efforts and especially on this HB11-1138. We are in support of the current bill and truly believe that we really aren't all that far apart when it comes to the bill. If we can all work together, make some needed additions, changes and some compromises we will have a bill we can all live with...