[{"_1":2,"_100":-5,"_101":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76,88],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6341218,"mediaKeyId","2257840-6711846f8d69eaf9d70c0808e65aae61","parentId",2257840,"title","Panel divides over wider fentanyl penalties; Senate Judiciary rejects expanded felony measure","audioSeconds",10651,"startMs",7328000,"endMs",17979000,"viewUrl","/Search/View?dp=1&key=2257840-6711846f8d69eaf9d70c0808e65aae61&start=7328&end=17979","thumbnailUrl","https://assets.pipeline.soar.com/2257840-6711846f8d69eaf9d70c0808e65aae61/thumbnail_7328000.jpg","articleUrl","/articles/6341218/Colorado/Panel-divides-over-wider-fentanyl-penalties-Senate-Judiciary-rejects-expanded-felony-measure","mediaUrl","https://secure.pipeline.soar.com/6341218-f84a7075b433b92c1685989157991dcc/orig.mp4?Expires=1771106021&Signature=HP8yehYc3ZyP41TwrJZ2QdFDp1J48SZK9YytM-mYYXjpIHaHcNCYLe7OJilpmux7pquVBcm~W8-o8E5QWy6kLcMUtu8FzsxQ~05z6a1xAP0PCnoHRTQ8pFtbu2-04xzSvDVW3xsrZSUhsLv24XQtPgRUh8AK78tBtPK4wpNDGuLB3EMitq~JPgGCf4dWiiQ0mKDzyPGo5E67dCGzMzEQSYheuiXK-QGW08b1IsrznN8xKPfeSgllZyh9XGLtYmgsRjPFZczzZPYsxN-VrCnQB7QBdjAE3-ozRI-I3S03EQbWY47v2iAlWKBUCMbvqxztCwhOQ5wzOeI7oZBYtsQHAw__&Key-Pair-Id=KUT5TJCACFTXG","author","Colorado State Legislature","date","2025-02-10T00:00:00Z","article","Senate Bill 44, a proposal to increase penalties for fentanyl possession, distribution and manufacture, produced sharply divided testimony and emotional appeals from families who have lost children to counterfeit pills. After an extended hearing that included law enforcement, public‑health experts, addiction specialists and numerous family members, the Senate Judiciary Committee voted 3‑4 to reject the measure in committee.

Sponsor Sen. Tim Peltonbee framed the bill as a tool to target drug dealers and cartel activity, reduce street availability of fentanyl and give prosecutors a stronger statutory basis to pursue large‑scale distributors. “This bill takes fentanyl and moves the drug to a class‑1 drug felony if anybody is manufacturing, dispensing, selling or possessing with intent to do the same,” Peltonbee told the committee, and described multiple local law‑enforcement requests to strengthen penalties.

Many law‑enforcement witnesses — from county sheriffs and municipal police chiefs to regional narcotics investigators — urged the committee to move the bill forward. They described lethal potency in the illicit supply, cited local overdose statistics and said tougher penalties would help remove repeat distributors from the street and produce cooperation to reach higher‑level traffickers. Weld County and El Paso County officials told the committee that small‑quantity arrests often uncovered larger supplies at residences, and that a felony framework would provide a stronger enforcement tool.

Family members who lost children to counterfeit pills offered emotional testimony urging stronger penalties. Several described dealers with prior arrests who continued selling; supporters said felony accountability for sellers would have kept dealers off the street when they first appeared in police records.

Opponents — including public‑health researchers, addiction medicine specialists, harm‑reduction providers and civil‑liberties groups — argued that increasing criminal penalties has not reduced overdose deaths and may worsen the crisis. Research presented to the committee included an independent study of Colorado’s 2022 fentanyl sentencing changes (House Bill 1326), which found no population‑level decline in overdose deaths and, in some analyses, adverse outcomes among Black Coloradans. Witnesses warned that stiffer penalties could deter people from calling 911 during overdoses, deepen racial disparities and expand barriers to housing and employment for people with substance use disorders.

Treatment providers and recovery‑housing representatives told the committee that incarceration alone is not a pathway to recovery, noting high post‑release overdose risk when treatment is not continuous. Public defenders and criminal‑justice reform advocates said the bill’s broad strict‑liability language could criminalize unaware users and low‑level purchasers; they urged targeted, intelligence‑led enforcement against traffickers and increased investment in treatment and harm reduction.

Committee members debated the merits of several approaches: stricter penalties for large‑scale and repeat distributors, broader access to treatment and harm‑reduction services, and whether the existing weight‑based thresholds in state law (adopted in 2019 and later amended in 2022) adequately match current threats. The sponsor offered an amendment to preserve prosecutorial discretion for a first qualifying offense while escalating penalties for repeat distribution within two years, but the committee ultimately rejected the bill.

Vote: Senate Judiciary voted 3 in favor, 4 opposed. Sponsors indicated they may seek other ways to pursue enforcement against major dealers while stakeholders called for expanded treatment, housing and harm‑reduction investments as alternatives to broader felony exposure.","mediaType","Video","parentTitle","Senate Judiciary [Feb 10, 2025]","oneSentenceSummary","Senate Bill 44, a proposal to raise penalties on fentanyl possession and distribution, prompted divided testimony Monday as family members, law‑enforcement officials and public‑health experts debated whether tougher criminal penalties would reduce overdoses; the committee voted 3‑4 to reject the bill.","taxTitle","Judiciary, Standing Committees, Senate, Committees, Legislative, Colorado","taxId",43555,"location","Colorado","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6341221,"Committee advances cleanup to not‑guilty‑by‑reason‑of‑insanity statute; bill passes out of committee",1045,5656000,6701000,"/Search/View?dp=1&key=2257840-6711846f8d69eaf9d70c0808e65aae61&start=5656&end=6701","https://assets.pipeline.soar.com/2257840-6711846f8d69eaf9d70c0808e65aae61/thumbnail_5656000.jpg","/articles/6341221/Colorado/Committee-advances-cleanup-to-notguiltybyreasonofinsanity-statute-bill-passes-out-of-committee","https://secure.pipeline.soar.com/6341221-fd8f203625e914d3ecef99118ebc5d6f/orig.mp4?Expires=1771106021&Signature=nX4pBGiawv6KqiFbpzeBPe1dclwOILmWPtgUg1czYs6R0JUNZVt25O8c6pUfxJJE~GNHvF5tff7Lm4L2jG-3oynQOqC0xrkA1V8D3qgOwBU3h-aEXlHrA6jweI289qE1CVfkf1M5OoSese5py4Fnba5TAZMaZVpb~AkXn0uICQAhlKZ7s9FIwBY3PVXD727oGVwGU~sYKFQ2atuCoNjbPBkitpMFqLG4Q8XJsZ9vWP2C3oGdbwSgQksq3~I32jyy8MER0ptkA6xvYcC93N1yPj7PAtpyZhC7xiyYhLqqCUWD57QFysFZ~WskJhMk7XpAgg8XX98AyyE-G-J050N46Q__&Key-Pair-Id=KUT5TJCACFTXG","The Senate Judiciary Committee voted to approve a statutory modernization package for Colorado’s not‑guilty‑by‑reason‑of‑insanity (NGRI) law, passing House Bill 1058 out of committee on a 5‑to‑2 vote.

Sponsors said HB 1058 is the first of two bills planned to update the state’s NGRI framework. The measure removes archaic provisions, codifies a 2024 Colorado Supreme Court decision (People v. Ariana) on custody during sanity examinations, and clarifies defendants’ rights to appear in plain clothes and unshackled during recorded evaluations when appropriate.

Sen. Amabile, who carried the bill in the committee, called it a noncontroversial cleanup measure that will improve courtroom efficiency and protect the dignity of defendants undergoing evaluations. Samantha Garrett of the Office of Civil and Forensic Mental Health testified that the changes will let many evaluations occur in community settings when they are safe and will streamline reporting responsibilities between the hospital and the forensic services division.

James Karbach of the Office of the State Public Defender said the changes will reduce procedural confusion, including questions about whether a defendant must be transported through jail for an in‑court evaluation. He described the bill as a set of practical fixes that will reduce courtroom delays and clarify duties for judges and clinicians.

The committee also heard that the state hospital system hosts a growing population of defendants adjudicated NGRI; witnesses said the facility has limited beds and that providing community‑based evaluations and care when appropriate could conserve inpatient capacity for patients who need it most.

After brief questions from committee members, the panel voted 5‑2 to advance the bill to the next stage. Sponsors said they hope to follow with a second bill addressing the substantive test for insanity in a later session.","Lawmakers approved a technical cleanup and codification of recent Supreme Court guidance to Colorado’s not‑guilty‑by‑reason‑of‑insanity law, sending the measure out of Senate Judiciary by a 5‑to‑2 vote after sponsors said it removes antiquated language and protects defendants’ rights during recorded evaluations.",{"_33":89,"_35":36,"_37":38,"_39":90,"_41":91,"_43":92,"_45":93,"_47":94,"_49":95,"_51":96,"_53":97,"_55":56,"_57":58,"_59":98,"_61":62,"_63":64,"_65":99,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6341226,"Senate committee hears overhaul of competency process, lays bill over for amendment review",5491,133000,5624000,"/Search/View?dp=1&key=2257840-6711846f8d69eaf9d70c0808e65aae61&start=133&end=5624","https://assets.pipeline.soar.com/2257840-6711846f8d69eaf9d70c0808e65aae61/thumbnail_133000.jpg","/articles/6341226/Colorado/Senate-committee-hears-overhaul-of-competency-process-lays-bill-over-for-amendment-review","https://secure.pipeline.soar.com/6341226-9d5c6eed84a55196db3b5faa9d3cd53d/orig.mp4?Expires=1771106021&Signature=hsqUyNIFUdm0XH5yE5GyyOzc2X9cUj0sXSVBIi5FfzCQUUBBQoROAa4yTTGiB4dKCbXRIpV6HxWGyXxzhIhh3HVOiB6fuQ61gbwnOoJUcQKN6Az09FW0Ix3EBHuLQAqgZ~Nz0jUZJUgsB3K2bOKTO-zDhB-rkHTaZq7nqwBJjG3NS5v1Z1paOKQ7vRs-5cLN9uUY~55VuiSxTatm2sBM4fiAvSi2KY4-W66Bt47Glkb74YfQuhuDgisSJmhrkTjGW2soxJ2LOf2a1uh7fr5wUCsmODxI7cRS4nbac7A~zCX4fKGkaJPZ5HE~gX7WTgqrqmucuNe5NlktV0o3dtDl7g__&Key-Pair-Id=KUT5TJCACFTXG","Senate sponsors and mental-health stakeholders outlined a multipronged effort to change how Colorado handles defendants found incompetent to proceed, telling the Senate Judiciary Committee on Monday that Senate Bill 41 aims to move people with serious behavioral health needs out of jails and into treatment and housing.

Sponsors said the bill cleans up statutory language, clarifies data sharing and expands the time window for civil placement after criminal charges are dismissed so hospitals and community providers can find appropriate housing and services. Supporters including Disability Law Colorado, the Office of the State Public Defender, Mental Health Colorado and family advocates said the current system leaves people waiting in jail or released with no continuity of care.

Sen. Julie Amabile, the bill’s co‑prime sponsor, told the committee the measure is “about competency to proceed,” and that much of the draft is housekeeping to make prior reforms workable. “If you are charged with a crime and you are not competent to proceed,” Amabile said, “then you can’t be tried until you are restored to competency,” adding that the bill tries to avoid releasing people to homelessness without civil‑system supports.

Jack Johnson of Disability Law Colorado said the bill came from a task force and seeks to better use existing housing funds and collect data about where people leave the competency system so beds and supportive housing can be targeted. James Karbach of the Office of the State Public Defender said the proposal is largely incremental cleanup of prior measures, but it would (as amended) broaden eligibility for 90 days of post‑dismissal services and streamline second‑opinion evaluations.

Proponents described several recurring problems the bill tries to address: a backlog of people awaiting competency evaluations and restoration (a wait list that was “over 400” a year ago and “in the 200s” more recently, witnesses said); private providers declining to accept people with criminal charges even when civil certification exists; and interruptions in Medicaid coverage for people jailed pretrial. Witnesses said many people on the competency list are eligible for Medicaid upon release and that better data sharing could reduce repeated cycles in and out of jail.

Families and advocates told personal stories of relatives who cycled through jail, hospitals and homelessness. Kate Rawlinson, lead of the Colorado Mad Moms, urged committee members to preserve the bill’s originally drafted supports for housing and longer service windows. Rebecca Wallace, policy director for Colorado Freedom Fund, urged clarity about bail practices that can keep people in custody even after evaluators recommend out‑of‑custody restoration.

Committee members asked multiple technical and fiscal questions, including whether the state has sufficient bed capacity and how the fiscal note allocates costs across agencies. Sponsors and agency staff said they were working with the Joint Budget Committee and fiscal analysts to reduce the state fiscal impact and that many services would use existing Medicaid eligibility or funds from prior legislation. Several witnesses and lawmakers pressed for better data and for attention to how providers and courts will share information.

The committee did not vote on SB 41 on Monday. Chairing senators agreed to lay the bill over for action at a subsequent meeting to give members time to review a seven‑page amendment that stakeholders circulated the day of the hearing.

Supporters said the bill does not itself create all the housing and treatment capacity Colorado lacks, but they argued it creates statutory steps and data sharing that would let existing programs reach the competency population more effectively. Opponents — and some stakeholders who support parts of the bill — asked for refinements on bail language and fiscal assumptions.

Senate Judiciary did not take final action; the bill was laid over for action at the committee’s next meeting to allow members to read the amendment and consult with stakeholders.","Sponsors and stakeholders told the Senate Judiciary Committee that Senate Bill 41 would clarify competency restoration procedures, expand time for civil placements and create data- and housing-focused pathways out of the competency backlog; the panel laid the bill over so members can review a seven‑page amendment.","actionData","errors"]

Article not found

Panel divides over wider fentanyl penalties; Senate Judiciary rejects expanded felony measure

Committee advances cleanup to not‑guilty‑by‑reason‑of‑insanity statute; bill passes out of committee

Senate committee hears overhaul of competency process, lays bill over for amendment review