J_MICJS_2018A 08/16/2018 12:43:27 PM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGJOINT COMMITTEE COMMITTEE ON TREATMENT OF PERSONS WITH MENTAL HEALTH DISORDERS IN THE CRIMINAL JUSTICE SYSTEM Date 08/16/2018 Attendance Benavidez X Cooke X Fields X Humphrey X Martinez Humenik * Singer X Time 12:43:27 PM to 03:01:19 PM Place LSB B This Meeting was called to order by Singer This Report was prepared by Anne Wallace Hearing Items Action Taken hUpdate on Advisory Task Force and Subcommittee Activities Committee Discussion Only hCommittee Discussion: Bill Draft Requests Committee Discussion Only Update on Advisory Task Force and Subcommittee Activities - Committee Discussion Only Attachment Tag File Name Attachment A http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/FDE043B35539...$File/18MHDCJS0816AttachA.pdf?OpenElement 18MHDCJS0816AttachA.pdf 12:43:37 PM Camille Harding, MHDCJS Task Force Chair, updated the committee on recent activities of the task force. She referred to a packet of materials that was distributed to the committee (Attachment A). 12:45:20 PM Ms. Harding presented to the committee on the Sex Offender Management Board (SOMB) recommendations and the task force conversations around the recommendations. 12:47:18 PM Tariq Sheikh, MHDCJS Task Force, explained the task force recommendations originating from the SOMB. He discussed a recommendation regarding removal of persons from the sex offender registry after successful completion of treatment. Mr. Sheikh responded to questions regarding victim objections and clarification on task force support for the recommendation. 12:58:55 PM Mr. Sheikh discussed recommendations regarding the publicity of the juvenile sex offender registry and school utilization of the juvenile sex offender registry. He responded to questions on juvenile sex offender supervision in schools. Mr. Sheikh described another recommendation regarding judicial discretion in requiring registration. 01:16:47 PM Mr. Sheikh responded to questions regarding the scope of judicial discretion and different juvenile misdemeanors. Committee discussion with Mr. Sheikh ensued. He explained a recommendation regarding lifetime mandatory registration requirements to the committee and clarified the task force position on the recommendations. 01:44:36 PM Mr. Sheikh described another recommendation regarding juvenile sex offender registry across state lines. He responded to questions regarding other SOMB suggestions that are not currently recommended by the task force. 01:55:13 PM Moses Gur, MHDCJS Task Force, discussed the task force's work examining Senate Bill 18-252. He described the task force recommendations regarding timelines for holding individuals in jail while they are waiting for competency restoration services. Mr. Gur and Ms. Harding responded to questions on the impact the current lawsuit addressing the timeliness of competency evaluations and restoration may have on the recommendation. 02:13:39 PM Mr. Gur and Ms. Harding continued to dialogue with committee members regarding other provisions of House Bill 18-252 that are not currently recommended by the task force. 02:17:49 PM Ms. Harding discussed the focus of the task force going forward noting the topics that the task force plans to study. She asked for suggestions from the committee on research topics. Committee Discussion: Bill Draft Requests - Committee Discussion Only 02:21:20 PM Representative Singer discussed the bill drafting process with the commitee. Jane Ritter, Office of Legislative Legal Services, came to the table to respond to committee questions. Kerry White, Legislative Council Staff, came to the table to respond to questions regarding fiscal notes. 02:30:46 PM Motion Motion to draft bill regarding the SOMB recommendation #1, part A only. Moved Martinez Humenik Seconded Singer Benavidez Yes Cooke No Fields Yes Humphrey No Martinez Humenik Yes Singer Yes YES: 4 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS 02:35:00 PM Motion Substitute motion to draft bill regarding SOMB recommendation #1, part A and part B. Moved Fields Seconded Singer Benavidez Yes Cooke No Fields Yes Humphrey No Martinez Humenik No Singer Yes YES: 3 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL 02:43:59 PM Motion Motion to draft bill regarding the SOMB recommendation #2. Moved Martinez Humenik Seconded Fields Benavidez Yes Cooke Yes Fields Yes Humphrey Yes Martinez Humenik Yes Singer Yes YES: 6 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS 02:45:00 PM Motion Motion to draft bill regarding SOMB recommendation #1, part B only. Moved Benavidez Seconded Fields Benavidez Yes Cooke No Fields Yes Humphrey No Martinez Humenik No Singer Yes YES: 3 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL 02:45:50 PM Motion Motion to draft bill regarding SOMB recommendation #3. Moved Martinez Humenik Seconded Humphrey Benavidez Yes Cooke Yes Fields Yes Humphrey Yes Martinez Humenik Yes Singer Yes YES: 6 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS 02:47:11 PM Motion Motion to draft bill regarding SOMB recommendation #4, part C, number 3 only. Moved Benavidez Seconded Martinez Humenik Benavidez Yes Cooke No Fields Yes Humphrey No Martinez Humenik Yes Singer Yes YES: 4 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS 02:48:36 PM Motion Motion to draft bill regarding SOMB recommendation #5. Moved Martinez Humenik Seconded Benavidez Benavidez Yes Cooke No Fields Yes Humphrey No Martinez Humenik Yes Singer Yes YES: 4 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS 02:49:28 PM Motion Motion to draft bill regarding SOMB recommendation #6. Moved Martinez Humenik Seconded Fields Benavidez Yes Cooke Yes Fields Yes Humphrey Yes Martinez Humenik Yes Singer Yes YES: 6 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS 02:49:46 PM Committee discussion ensued regarding Senate Bill 18-252, and the timelines for restoration to competency for persons in jail. Jane Ritter, OLLS, returned to the table to respond to committee questions. 02:56:04 PM Motion Motion to draft bill regarding holding persons in jail who are awaiting restoration to competency no longer than the length of the person's sentence. Moved Benavidez Seconded Fields Benavidez Cooke Fields Humphrey Martinez Humenik Singer YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Withdrawn 02:58:31 PM Motion Motion to draft bill regarding Section 7 of Senate Bill 18-252. Moved Singer Seconded Martinez Humenik Benavidez No Cooke No Fields No Humphrey No Martinez Humenik Yes Singer Yes YES: 2 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL 02:58:32 PM The committee discussed sponsoring the draft bills and providing information to the drafter. 03:01:19 PM Committee Adjourned