Members,

Yesterday, more than 20 CCDB Members and witnesses made a strong showing at the State Capital to support the Record Sealing Bill (HB07-1107).

I am happy to report that because of the work of many inside and outside the CCDB, the Bill has moved forward with solid Bi-partisan support. After a five hour delay, more than a dozen testified in favor of the bill with compelling, personal stories of being haunted by a remote past. Each person asked only to be given the opportunity to ask a jusge to permit them to move on from their past.

On a 9 to 2 vote, the House Judiciary Committee voted to approve the Record Sealing Bill. Voting in favor of this bill were Terrence Carroll – D, Morgan Carroll- D, Mike Cerbo- D, Andy Kerr- D, Steve King – R, Claire Levy- D, Rosemary Marshall- D, Debbie Stafford – R, Amy Stephens- R. Voting against the bill were Bob Gardner - R and Ellen Roberts – R.

If one of these folks that supported the bill is your representative, please call them and let them know that you appreciate their vote. As we told the committee last night, this legislation is an important small step in the right direction.

As a member, you should know that the CCDB Legislative Committee (of course including the spear-heading efforts of Maureen Cain), has worked extremely hard on moving this legislation forward. Special, thanks should go out to Scott McComas of Boulder who arrived at 1:00 p.m., spent the entire afternoon in the Capital and testified at 7:00 p.m. on behalf of his current and former clients – his testimony was compelling. Also, many citizens thankfully and generously gave their time to be on hand to tell the committee what this legislation would mean to their lives.

We have much work to do, but this is a first major step.

In the near future, the Bill will appear at the House Appropriations Committee. No testimony is permitted at this committee however we will shepherd this though that committee at every available turn. If the Appropriations Committee approves the Bill, it will go onto the full House of Representatives for a full vote. If (WHEN!) the full House votes on the Bill EVERYONE (and I mean EVERYONE) in the CCDB will have to pick up their phone to talk with each Representative. This bill will only pass if your representative knows that this bill is important and why.

I will keep you posted about the future developments of this bill.

Feel free to contact me regarding this legislation if you have any questions.

Regards,

Guss Guarino

Executive Director

Colorado Criminal Defense Bar

789 Sherman Street, #660; Denver 80203 (Mail)

1544 Race Street, Denver 80206 (Physical)

T: 303-758-2454

F: 303-830-1392

C: 303-919-6650

E-mail: gussguarino@ccdb.org

Website: www.ccdb.org

Record Sealing Bill Coming Before House Judicial Committee

Wednesday Febuary 7 House Judiciary Room 0122 at 1:30

Contact the Judiciary Committee

It only takes a moment to make your voice heard!! Send an email or make a phone call

that simply states that you support HB07-1107!! The links and phone numbers are provided

within this message. If you can show up on Wednesday at 1:30, please send a quick RSVP.

This bill can make a very real

difference in thousands of lives across the state.

Representative Mike Cerbo (D-Denver) introduced HB 07-1107 on January 15th that

would allow people to petition the court to seal a criminal record after 10 years following

the completion of a sentence or release from supervision. This bill is coming before the

House Judiciary Committee on Wednesday February 7 at 1:30.

In an effort to show support for this legislation please call the committee members and

attend the committee hearing so that they realize how serious this issue is.

This legislation will survive only if this committee votes for it. If you cannot attend the hearing,

please call your House Representative and ask them to support this legislation

(don’t know your Representative – go to www.votesmart.org) .

For continually updating news go to Think Outside The Cage

COMMITTEE MEMBERS

Rep. Morgan Carroll

Arapahoe Democrat Attorney/Small Business owner

Cap: 303-866-2942
E-mail: morgancarroll@webaccess.net

Rep. Terrance Carroll Chair of the Judiciary Committee

Denver Democrat Attorney

Cap: 303-866-2909
E-mail: terrance.carroll.house@state.co.us

Rep. Mike Cerbo (Sponsor)

Denver Democrat

Attorney Cap: 303-866-2911
E-mail: mpcerbo@yahoo.com

Rep. Bob Gardner
El Paso/Fremont Republican

Attorney Cap: 303-866-2191
E-mail: bob.gardner.house@state.co.us

Rep. Andrew “Andy” Kerr

Jefferson Democrat

Educator Cap: 303-866-2923
E-mail: akerrhd26@earthlink.net

Rep. Steve King

Delta/Mesa Republican

Cap: 303-866-3068
E-mail: steve.king.house@state.co.us

Rep. Rosemary Marshall
Democrat

Denver Public Policy

Cap: 303-866-2959
E-mail: rosemary.marshall.house@state.co.us

Rep. Ellen Roberts

Republican

Archuleta/La Plata/Montezuma/San Juan

Attorney Cap: 303-866-2914
E-mail: ellen.roberts.house@state.co.us

Rep. Debbie Stafford

Arapahoe/Elbert Republican

Ordained Minister/Counselor/Auctioneer Cap: 303-866-2944
E-mail: debbie.stafford.house@state.co.us

Rep. Amy Stephens

El Paso Consultant /Republican

Cap: 303-866-2924
E-mail: amy.stephens.house@state.co.us

Rep. Claire Levy

Boulder/Clear Creek/Gilpin Democrat

Attorney Cap: 303-866-2578
E-mail: claire.levy.house@state.co.us

We need your help to move this legislation forward. If passed this legislation could be significant in the lives of so many.

To read the bill in its entirety go to
http://www.leg.state.co.us/Clics/Clics2007A/csl.nsf/fsbillcont3/47C2AA09A5B311CB87257251007C484A?Open&file=1107_01.pdf

Or you can find the link at Think Outside The Cage

Pamela Clifton
Outreach Coordinator
CCJRC
1212 Mariposa St. #4
Denver, CO 80204
pam@ccjrc.org
work (303) 825-0122
cell (303) 931-2101

High court: Jury gets discretion in prison sentences
By Mark Sherman
The Associated Press

Washington - The Supreme Court, with its new chief justice joining the majority, made clear Monday that juries, not judges, must determine facts that justify harsher prison sentences.

In a 6-3 ruling, the court struck down California’s Determinate Sentencing Law, the latest in a series of decisions limiting judges’ discretion in sentencing.

In California, thousands of inmates may be eligible to have their sentences reduced, in many cases, by about a year.

“This court has repeatedly held that, under the Sixth Amendment, any fact that exposes a defendant to a greater potential sentence must be found by the jury, not a judge, and established beyond a reasonable doubt, not merely by a preponderance of the evidence,” Justice Ruth Bader Ginsburg wrote for the court.

The majority was one vote larger than the 5-4 rulings that have been the norm in sentencing cases. In his first major case dealing with the constitutionality of prison terms, Chief Justice John Roberts joined Ginsburg’s majority opinion.

By contrast, the other new justice, former federal prosecutor Samuel Alito, issued a strong dissent, saying California’s law “is indistinguishable in any constitutionally significant respect” from the federal sentencing guidelines that have been approved by the Supreme Court.

Alito’s dissent also suggested that the court may not be done tinkering with the federal sentencing scheme, if the justices apply the same line of reasoning to two federal sentencing cases they will hear next month. Justices Stephen Breyer and Anthony Kennedy also dissented.

Several states have changed their sentencing laws to require prosecutors to prove to a jury aggravating factors that could lead to longer sentences. The court did not prescribe a way to fix the California law. “The ball lies in California’s court,” Ginsburg said.

Justices Antonin Scalia, David Souter, John Paul Stevens and Clarence Thomas also were in the majority on an issue that confounds the typical conservative- liberal split on the court.

The ruling Monday in Cunningham vs. California could shave four years off the 16-year sentence of former Richmond, Calif., police officer John Cunningham. He was convicted of sexually abusing his 10-year-old son after the boy moved in with Cunningham and his girlfriend.

California had argued that a 2005 state Supreme Court decision interpreting the state law effectively brought the state into compliance with the U.S. high court’s rulings. The law instructs judges to sentence inmates to the middle of three options, unless factors exist that justify the shorter or longer prison term.

The judge in Cunningham’s case imposed the longest possible term.

The state warned that its criminal justice system would be burdened by having to resentence thousands of inmates.

But Peter Gold, Cunningham’s lawyer, told the court that in many cases the standard term and longer option differ by just a year. In practical terms, many of those who might be affected by Monday’s ruling might already have finished serving their time in prison.

Link Here to learn more about Sensible Colorado and the Colorado Campaign For Safe Access. http://www.sensiblecolorado.org/mm/