testimony Archives

We Need Comprehensive Immigration Reform and HB23-1100 is a Step

Legislation | 02/8/2023

Vallerie Bustamante Community Organizer

HB23-1100, Restrict Government Involvement in Immigration Detention, was heard (and passed 7-6) by the House Judiciary Committee February 7. For years, Colorado taxpayers have been picking up the bill of the federal government by allowing the state to contract a private company to house or detain individuals for federal civil immigration purposes. This bill would prevent any such further contracts and begins a review process of these contracts over the next two years. Below is the testimony of Vallerie Bustamante.

Good afternoon, Chair, and members of the House Judiciary Committee. Thank you for taking the time to listen to my testimony today. I am here to ask you to vote in favor of HB23-1100.

I actually come here to ask for your vote not only as a community organizer for Stand for Children, but also as a friend, a granddaughter, a niece, a cousin, and most importantly as a daughter of Mexican immigrants. As a first generation everything, immigration reform has always been at the top of my mind, literally. Growing up with the fear that my parents or any extended family member would end up detained and sent off to a facility where living conditions are evidently inhumane, was probably the first thought that crossed my mind as I woke up, as I overachieved in school, as I was thinking of what college to attend, as I applied to my first job at 15 to help with bills because my mom was laid off due to a warning about ICE coming to her factory, as I watched the news with anticipation whenever the highlight said “immigration reform”. Although an end all be all immigration reform has not been passed, legislation like the one presented today is certainly a step forward towards that direction.

It is a step toward making it known —even though it saddens me that we still have to say it out loud– that human beings regardless of status—should not have a dollar sign above their head. When creating these lucrative incentives for local governments and private local jails or companies to house and maintain detainees, we are NOT fixing the problem, folks. This decades long problem in the US, where we see lack of resources, lack of internal oversight and accountability in federal immigration agencies is only being transferred to another setting when local governments and private companies open up facilities and contracts. Furthermore, Colorado taxpayer money is also being used for these facilities, which is unfair for your constituents.

There have been deaths, sexual assaults, lack of medical care in these detentions—and I guarantee you that 90% of them aren’t published in a newspaper for all of us to know about. But you know who finds out about how living conditions in a US facility can negatively affect a person? The daughter, the son, the mother, all of person’s loved ones. If we continue to consent to these agreements with federal agencies, we are only but accomplices to the pain that has been caused to so many.

So, lets ask ourselves that question—you may not have as close a connection as I do with immigration, but we all face injustices, and aren’t we all trying to fight against them?

Well, knowing a snippet of my story- you now know a little bit about the battle many people like me are trying to fight every day. By passing this bill—you’d be fighting with us and not against us. So again, I implore you to vote in favor of HB 23-1100.

Let’s Provide Mental Health Assessments for Students

Legislation | 02/8/2023

Natalie Perez Community Organizer

The House Public and Behavior Health and Human Services Committee heard HB23-1003, School Mental Health Assessment, which creates the sixth through twelfth grade mental health assessment program. Below is the testimony of Natalie Perez in support of the legislation.

My name is Natalie Perez , I am a parent of a 6^th grade boy, and an organizer with Stand for Children.

I am here today to ask you to vote yes on house bill 1003.

I believe having all children, 6^th to 12^th grade mentally assessed is vital, especially after the pandemic and all the changes our children are going through.

Personally, not only did we lose family members to covid, but we also went through a separation, we had a family member go missing and my son suffered severe bullying in his school.

The past 2 years have been so rough for my family, and I feel very grateful that I have had the resources to help my child overcome everything we have been through.

I think about all the children in my son’s class whose parents don’t have the resources. Especially at the age where they are changing and figuring out the world. I think about the children who went through loss in their homes during the pandemic. And children who are currently having overdoses at school because it’s the only way they have learned to cope. Children who are using violence because it’s the only way they feel heard. Children who don’t feel safe coming home and opening up to their parents.

I believe our schools should be a safe place for our kids, and having a program where every child is assessed would go a long way. I believe every child should have access to this program even if a parent is not involved. Having a qualified provider at every school in these times where our children are going through pain and large amounts of stress would not only create safer communities but it would also help students understand what they are feeling.

So today I ask you to please vote yes.

Using Dishonest Tactics to Drive Children into Confessing Something False is Wrong

Safe and Supportive Schools and Communities | 02/3/2023

Yaeel Duarte Stand Advocacy Fellow

HB 23- 1042, Admissibility Standards For Juvenile Statements was heard by the House Judiciary Committee on Tuesday, January 31. Below is the prepared testimony of Yaeel Duarte. Her testimony was written in Spanish and delivered by community organizer, Vallerie Bustamante. You can read both testimonies below. Learn more about HB23-1042 and why we are supporting it.

Gracias por la oportunidad de estar aquí hoy y hablar con usted sobre por qué quiero apoyar el Proyecto de Ley HB 23-1042, para la protección de la verdad y la confianza en los interrogatorios a menores.

Mi nombre es Yaeel Duarte, vivo en la ciudad y condado de Denver soy madre de familia de 4 Este proyecto de ley está muy apegado a mi corazón precisamente porque viven conmigo 3 de mis 4 hijos. Los cuales son de edades 20,15 y 14 años de edad. En base a las estadísticas en cuanto a interrogaciones falsas por el motivo de intimidación a los menores No me puedo imaginar la impotencia de los padres de saber cómo sus hijos por temor o estrés del momento

No fueron escuchados y eso sin tomar en cuenta que muchos adolescentes y jóvenes No saben expresar y comunicarse en momentos de presión para ellos. Definitivamente que Nadie incluyendo los adultos puede pensar claro ni en las consecuencias a futuro de lo que hablar sin analizar me pueden traer.

Me encantaría ver como las leyes se capacitan lo suficiente para efectuar de manera justa tales interrogaciones. Que los jueces y oficiales puedan tener la habilidad de observar cuando un joven se ve bajo presión y que se puedan hacer las investigaciones necesarias para asegurarse de que están hablando la verdad. Por supuesto que esto sea viable para todo joven frente a un oficial sin importar raza o color.

Nuestro estado puede desarrollar ese nivel de confianza si todas las partes involucradas ponen de su parte, este es un país que practica la Justicia y la libertad y eso mismo hay que enseñar a las generaciones venideras.

Gracias por tomarse el tiempo de escucharme.

Good afternoon chair and members of the committee, my name is Vallerie Bustamante and I am community organizer with Stand for Children, today I will be reading for one of our community leaders who actually wrote her testimony in Spanish, but for the sake of time I translated and will be reading it in English.

Thank you for the opportunity in presenting my testimony and letting me tell you about why I support HB Bill 23-1042, for the protection of truth and trust in interrogation settings of minors.

My name is Yaeel Duarte, I live in the city and county of Denver, I am the mother of 4 children and I am a fellow for Stand for Children.

This bill is very close to my heart precisely because 3 of my 4 children still live with me. They are 20, 15 and 14 years old. Based on the statistics regarding false confessions when dishonest interrogations happen to intimidate minors; I cannot imagine the powerlessness parents might feel to know that their children could be in a position where an adult in power could be using dishonest tactics to drive them into confessing something false. Nobody, including adults, can think clearly about future consequences under such pressure. I would love to see the laws empowered enough to fairly carry out such interrogations, that judges and officials may have the ability to observe when a young person is under pressure and that the necessary investigations can be carried out to make sure they are speaking the truth. Of course this is viable for every young person in front of an officer regardless of race or color. Our state can develop that level of trust if all parties involved put forth their part, this is a country that practices true justice and freedom and that must be taught to our future generations.

Thank you for taking the time to listen to my testimony and I ask you to vote in favor of HB23-1042.

Young People are Especially Vulnerable to Falsely Confessing Under the Pressure of Deception

Legislation | 02/1/2023

Stand for Children

HB 23- 1042, Admissibility Standards For Juvenile Statements was heard by the House Judiciary Committee on Tuesday, January 31. Below is the prepared testimony of Lindsay Saunders-Velez, Senior Executive Director of the Colorado Justice Advocacy Network. Learn more about HB23-1042 and why we are supporting it.

Chair and Members of the committee, My Name is Lindsay Saunders-Velez, Senior Executive Director of the Colorado Justice Advocacy Network, Commissioner of the Colorado Jail Standards Commission. I speak in Support of HB23-1042.

When people are brought in for questioning by police, they are expected to tell the truth. Most people would assume that goes both ways — that the police must also be truthful during interrogations, but the reality is that the police can lie to you during an interrogation, and it is common for them to do so. But why would the police lie? During interrogation, officers may lie about evidence they have to pressure you into confessing to a crime they believe you have committed — even if you are innocent.

That is what happened in the infamous case of the Exonerated Five (previously known as the Central Park Five). During individual interrogations, police told each of the five teens that the others had implicated them in committing the crime. In Connecticut, police falsely told 16-year-old Bobby Johnson that they had evidence he had committed the murder and that he would face the death penalty, but if he admitted guilt, they could make sure he would only get probation. As a result, he falsely confessed. Both cases involved police officers lying to teenagers. Young people are especially vulnerable to falsely confessing under the pressure of police deception tactics. Today, there is a growing movement for change in several states across the US and we have the power to protect young people from police deception by passing this legislation that reduces the risk of false or unreliable confessions.

Young people are especially vulnerable to falsely confessing under the pressure of deception because the parts of the brain that are responsible for future planning, judgment, and decision-making are not fully developed until a person reaches their mid-twenties.

Through such tactics, the police will try to convince a young person that denials are pointless, and confessing is the only option. Because youth are more vulnerable to social influence, police may also present themselves as “friendly” officers who want to help and will claim to show some leniency if they confess. This approach puts even more pressure on young people to falsely confess to a crime they did not commit.

Police deception is currently allowed in every state, but that could be starting to change. Illinois, Oregon, and Utah have passed legislation to protect juveniles from the use of police deception during interrogations, but the use of these tactics against adults is still legal in all 50 states. Several other states are taking steps to end police deception in interrogations altogether.

Confessions only must be voluntary to be used as evidence. The reliability of the confession, including whether it was obtained through coercion and deception, is not considered. In this bill, judges will be able to look into how reliable the confession evidence was. The Colorado Justice Advocacy Network supports Stand for Children on this bill. You can help end police deception in interrogations by passing this bill. Thank you for your time.

The Consequences For Untruthful Tactics During Interrogation Are Life-Altering

Legislation | 02/1/2023

Tom Pipal Community Member

HB 23- 1042, Admissibility Standards For Juvenile Statements was heard by the House Judiciary Committee on Tuesday, January 31. Below is the prepared testimony of Tom Pipal. Learn more about HB23-1042 and why we are supporting it.

Chairperson Weissman and Members of the Committee, thank you for allowing me to speak to you today about this very important issue.

My name is Tom Pipal, and I am a resident of Parker, CO. I am here today to urge your support of HB23-1042.

I am a former university professor of management at the University of Tulsa. For twelve years I worked as the head of corporate training and development at MCI-WorldCom. Also, I served as a board member and board chair of Court Appointed Special Advocates of Tulsa for thirteen years.

As a professor, I taught a course on research methods including the creation of interview protocols and interviewing skills. As head of Corporate Training for MCI-WorldCom, I developed an interviewing skills course that was required of all managers, directors and vice-presidents (almost 7000 people). This addressed the specific context of conducting selection interviews and performance appraisals. And each year, Tulsa CASA (which represents children in cases of alleged abuse and/or neglect) conducts a 50-hour training program required for new volunteers; approximately 10 hours of that training addresses interviewing of both children and adults in this very emotional situation.

There are a number of similarities among these three settings, but one of the most important is this. It is a fundamental psychological principle that has been formally recognized for over 70 years. When a power differential exists between the person asking the questions and the person answering them, the interviewee will unconsciously (and sometimes consciously) try to give the answer the interviewer wants or expects. The greater the power differential, the stronger this effect. Therefore, to get accurate/true results, interviewers must exert a conscious effort to minimize the cues they are giving to the interviewee.

Further, we are all susceptible to this effect. But children and adolescents are particularly vulnerable in large part because their prefrontal cortex is only partially developed. This part of the brain controls decision-making, impulse control, and our ability to anticipate future events and appreciate the consequences of our actions.

When law enforcement officers use untruthful tactics during interrogation, far too often, the consequences are life-altering. It seems to me that this has three significant negative consequences: 1) an innocent may be punished; 2) the true guilty party may still be at large; and 3) the credibility of our law enforcement process may be damaged with both the child and the larger community. Trust is hard won but easily lost. A child who loses trust in the inherent fairness of the system, who is punished even as they are trying to do what they perceive to be the right thing (i.e., telling the officer what he or she wants to hear), is a life potentially lost. And that is simply too high a price.

Thank you for your time. And I fully support passage of HR 23-1042, Admissibility Standards for Juvenile Statements.

Legislation Would Protect Children and Prevent Wrongful Convictions

Legislation | 01/31/2023

Noah Stout An attorney who has worked on multiple wrongful conviction exonerations

At the age of 14, Lawrence Montoya was coerced into a confession that cost him more than 13 years of freedom. A cognitively impaired teenager residing in Denver, Montoya was subjected to hours of law enforcement techniques including “false evidence ploy, manipulation, minimization, threats, false promises.” Finally under immense pressure Montoya succumbed to these techniques and confessed falsely, resulting in a wrongful conviction. This tragic case is sadly just a single reminder of many of the urgency of protecting truth and trust in juvenile interrogations, and the importance of passing HB 23- 1042, Admissibility Standards For Juvenile Statements.

Currently in Colorado, law enforcement may use deception during interrogation of youth. The methods used during these interrogations can also be harmful. Juveniles may be subjected to physical and psychological pressure, such as being held in isolation, being threatened with harsher punishment, or being presented with fake evidence. These tactics can lead to false confessions and can also cause long-term psychological damage. Children are more susceptible to manipulation and more likely to provide inaccurate information and false confessions under such pressure. According to an analysis published by the Bluhm Legal Clinic at Northwestern University “There can be no doubt about it: Young people are simply more likely to be wrongfully convicted than adults.” “They are less able to weigh risks and consequences; less likely to understand their legal rights; and less likely to understand what attorneys do or how attorneys can help them.”

Colorado now has an opportunity to follow states such as Oregon, Illinois and pass safeguards for kids with HB 23- 1042, Admissibility Standards For Juvenile Statements which will:

Increase funding for interrogation training for law enforcement, and
Improve the general reliability of confessions by requiring all juvenile interrogations to be recorded, and
If law enforcement does use deceptive tactics during custodial interrogation, the judge may discern whether the resulting confession was voluntary and therefore reliable and admissible in trial.

The University of Michigan’s National Registry of Exonerations examined the prevalence of false confessions in wrongful convictions of juveniles and found “Forty percent of exonerees who were under 18 at the time of the crime falsely confessed, including 53 percent of 14- and 15-year olds, and 86 percent of the few who were 13 years old or younger. By comparison, only 7 percent of adult exonerees without reported mental disabilities falsely confessed.”

Under interrogation for two and a half hours Lawrence Montoya denied 65 times being involved in the murder that he was ultimately coerced into confessing to using deceptive tactics. This confession was used in the absence of a shred of physical evidence to convict a 14 year old child. Unjust convictions such as Lawrence Montoya’s undermines the integrity of the justice system and can be prevented by HB 23-1042. Unfortunately, we cannot give back the countless years that have been taken from wrongly convicted children such as Lawrence Montoya, but this important legislation can be a first step in building trust within the criminal justice system and preventing future unjust convictions.

https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010110692520.pdf

Noah Stout, of Denver, is an attorney who has worked on multiple wrongful conviction exonerations.

Capitol Week in Review

Capitol Week in Review | 01/30/2023

Bri Buentello Government Affairs Advisor

Capitol Week in Review brings you news of bills we are tracking around our priorities of advancing educational equity and racial justice in Colorado and making our schools and communities safer and more supportive.

Legislative Update

HB23-1001, Expanding Assistance For Educator Programs, which supports student teachers toward the goal of diversifying the teacher workforce was heard by the House Education Committee on January 26th. It was passed on a unanimous vote and now goes to the Committee of the Whole.

HB23-1003, School Mental Health Assessment, which creates the sixth through twelfth grade mental health assessment program was rescheduled to be heard by the House Public and Behavior Health and Human Services

Committee on February 7th.

HB23-1064, Interstate Teacher Mobility Compact, which will make it easier for active-duty military spouses to transfer their teaching licenses without further testing, will be heard by the House Education Committee on February 1st.

SB23-029, Disproportionate Discipline In Public Schools, which requires each school district board of education, institute charter school board for a charter school authorized by the state charter school institute, or governing board of a board of cooperative services (BOCES) to adopt a policy to address disproportionate disciplinary practices in public schools will be heard by the Senate Education Committee January 30th. SB23-043, Continue School Access For Emergency Response Grant Program, extends the SAFER grant program for 5 years, until July 1, 2029, and clarifies when the state treasurer is required to transfer unexpended money from the SAFER grant program’s cash fund when the grant program is repealed passed out of the Senate Education Committee on a vote of 7-0 and was referred to the Committee on Appropriations.

Our Take

We are encouraged by the unanimous vote in support of HB23-1001 Expanding Assistance For Educator Programs in this week’s House Education Committee hearing.

This bill is a top priority for Stand this legislative session and is a continuation of HB22-1220, Removing Barriers to Educator Preparation a bill we championed last session that paid for teacher exam fees, expanded pathways to licensure by allowing multiple ways to demonstrate competency and paid teacher candidates for student teaching work.

Colorado educator, Anthony Abel-Pype, joined us in support of the bill, submitting written testimony saying, “Bills that can offer incentives, financial and otherwise, for people in general, and people of color in particular, to choose a career path in education, and to stick with it, will go a long way to improving student outcomes in the state of Colorado.” You can read Anthony’s full testimony here.

Take Action

ASK HOUSE JUDICIARY COMMITTEE MEMBERS TO SUPPORT HB23-1042!

Currently, law enforcement may use deception during interrogation of youth. Children are more susceptible to manipulation and more likely to provide inaccurate information and false confessions under such pressure. In fact, in the last twenty-five years, youth who were exonerated after being convicted of crimes, 38% gave false confessions.

HB23-1042, Admissibility Standards For Juvenile Statements, which will be heard by the Senate Judiciary Committee on January 30th will:

increase funding for interrogation training for law enforcement, and

improve the general reliability of confessions by requiring all juvenile interrogations to be recorded, and

if law enforcement does use deceptive tactics during custodial interrogation, the judge may discern whether the resulting confession was voluntary and therefore reliable and admissible in trial.   Tell House Judiciary Committee members to vote yes on HB23-1042 to protect truth and trust in interrogations!

What We’re Reading

Colorado would expand financial aid, loan forgiveness for student teachers

Chalkbeat’s Education Bill Tracker

We Cannot Afford Not To Invest in Our Education Workforce

Legislation | 01/27/2023

Anthony Abel-Pype Colorado Educator

The following is the written testimony of Colorado educator, Anthony Abel-Pype, submitted to the House Education Committee Hearing on HB23-1001, Expanding Assistance For Educator Programs. HB23-1001 supports student teachers toward the goal of diversifying the teacher workforce. While all students benefit from having a diverse teaching staff, students of color especially see tremendous benefits like improved academic performance and increased likelihood of going to college. This legislation is a continuation of HB22-1220, Removing Barriers to Educator Preparation, a bill we championed last session that paid for teacher exam fees, expanded pathways to licensure by allowing multiple ways to demonstrate competency, and paid teacher candidates for student teaching work. HB23-1001 was passed by the House Education Committee on January 26, 2023.

I submit this letter as written testimony for my support of HB23-1001 Expanding Assistance for Educator Programs.

I have been a teacher in Denver Public Schools for 14 years serving students that qualify for free and reduced lunch at a rate of no less than 80% in any given school year over my career.

18 years ago I had a decision to make about the career I wished to pursue, and while my options were wide open, a career in education was one I was highly interested in. However, I had hesitations due to time commitments of teachers as well as low starting salaries and low overall potential career earnings over a lifetime. One factor that helped push me into a career in education was the Public Service Loan Forgiveness program as it helped to curb the cost of the loans I had to take out to complete my education. Also, I am proud to say that just recently I was informed by the Department of Education that I have met all the requirements of the program, and the remainder of my student loan balance has been forgiven.

Next, in my career in Denver Public Schools, two issues have stood out every year that has been detrimental to student outcomes. First, people leave the career prematurely. This hurts students as it creates instability in the education system as teachers cycle in and out needing time to gain knowledge and experience to be effective educators. Next, a severe lack of diversity in the field. As someone who has worked in schools that have 90% students of color, I am confident that if there were more people in education that students could more closely relate to culturally, they would become more engaged in their studies and buy into the education process. Imagine if everyday you went to school and you could not relate to the overwhelming majority of people in power. It is easy to imagine how that would negatively impact motivation. And, I have had a front row seat to how students are impacted when they have educators they feel understands them.

Bills that can offer incentives, financial and otherwise, for people in general, and people of color in particular, to choose a career path in education, and to stick with it, will go a long way to improving student outcomes in the state of Colorado. This means more students graduating, more students pursuing higher education at traditional colleges and universities, as well as technical colleges. Ask any administrator in education right now about how recruiting and retaining high quality educators is going, and it will be extremely clear that any and all programs to help find and retain high quality educators should be a top policy priority.

Education has, and always will be, an investment in the future society and economy. You may ask how the state can afford to do this, and I would counter with: how can we afford not to?

A Diverse Teacher Workforce Has An Overwhelmingly Postive Impact on All Students

Legislation | 01/27/2023

Bri Buentello Government Affairs Director

The following is the prepared testimony of Bri Buentello, Stand Government Affairs Director, delivered before the House Education Committee Hearing on HB23-1001, Expanding Assistance For Educator Programs. HB23-1001 supports student teachers toward the goal of diversifying the teacher workforce and is a top priority for us this session. HB21-1001 was passed unanimously by the House Education Committee on January 26, 2023.

This legislation is a continuation of HB22-1220, Removing Barriers to Educator Preparation a bill we championed last session that paid for teacher exam fees, expanded pathways to licensure by allowing multiple ways to demonstrate competency, and paid teacher candidates for student teaching work.

Good afternoon Mr. Chair, House Education Committee Members, my name is Bri Buentello and I’m a former teacher and currently the Government Affairs Director with Stand for Children Colorado. Stand for Children is an education advocacy and racial justice nonprofit that supports parents, teachers, and community members in their fight for excellent public schools and systems changes that directly impact all of Colorado’s kids.

Last year, we were proud to support HB22-1220 under the leadership of Rep. Kipp, alongside our friends in post-secondary education. Parents, teachers, and even Ph.D.s all understand the importance of not only having culturally competent teachers, but also the intrinsic value of having a diverse teacher workforce and the overwhelmingly positive impact on all students.

What is discussed less often are the profound impacts that financial barriers have on education candidates and how much harder it is for BIPOC students from low socio-economic standing to attain this degree. In addition to just the tuition costs, there are oftentimes fees associated with attaining teacher licensure and still further, and larger expenses as student teaching is unpaid and women like me are forced to take out more student loans, all so we can serve our community.

HB22-1220 was a monumental step forward in the right direction, HB23-1001 continues this momentum by expanding the program to even more of Colorado’s teachers. Some notable changes include: 1) increased eligibility for student teachers in rural teaching placements; 2) student loan forgiveness for principals and special service providers, 3) finally, it also expands the eligibility for financial assistance for testing fees and costs associated with student teaching. The bottom line is: more middle-class students will be eligible for assistance under the provisions of this bill.

While diversifying the teacher workforce has been a priority for Colorado’s schools for decades, and that law made huge strides by creating funds for paid student teaching, relief for testing fees, and even some student loan forgiveness. We’re so excited to see this work continue under Representatives Kipp and McLachlan’s leadership and are looking forward to seeing the implementation of this bill for impact.

In closing, good bill, vote yes on HB 23-1001.

State Board of ed passes inclusive social studies standards

Safe and Supportive Schools and Communities | 11/16/2022

Krista Spurgin Executive Director

Efforts, fueled by misinformation, to omit teaching complete history and censure teachers will not happen in Colorado after the State Board of Education voted this week to approve social studies standards for students that include ” the experiences and contributions of diverse groups: Latino, Indigenous, African American, Asian American, Native Hawaiian and Pacific Islander, religious minorities, and LGBTQ people.”

Together with our supporters and other partners we raised our voices in favor of students learning accurate, fact-based accounts of history that describe the contributions and persecution of certain groups.

When students have the opportunity to learn an accurate, fact-based account of history, it enables them to avoid repeating mistakes of the past, succeed in diverse workplaces and communities, and work toward creating a better and just society.