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J_MICJS_2021A 10/27/2021 01:01:40 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
JOINT COMMITTEE COMMITTEE ON TREATMENT OF PERSONS WITH MENTAL HEALTH DISORDERS IN THE CRIMINAL JUSTICE SYSTEM
Date 10/27/2021
Attendance
Amabile X
Lee X
Pelton X
Simpson X
Rodriguez X
Benavidez X
Time 01:01:40 PM to 03:07:14 PM
Place HCR 0112
This Meeting was called to order by Benavidez
This Report was prepared by Juliann Jenson
Hearing Items Action Taken
Public Testimony Committee Discussion Only
Committee Discussion: Consideration of Bill Draft Requests Committee Discussion Only
Committee Discussion: Referral of Bills to Legislative Council Committee Discussion Only

Public Testimony - Committee Discussion Only


01:01:58 PM  

Representative Benavidez, chair, gave opening remarks and explained the bill draft request process.  The bill drafts can be found at this link:  http://leg.colorado.gov/content/jmicjs2021acommdocs

Lauren Krisai, representing Justice Action Network, testified in support of Bill #7 (triage centers).  She discussed triage centers in other states. 

Kyley Buress, representing Colorado Counties, Inc, testified on Bill #9 (jail standards). She raised concerns about implementation.

Tim Lane, representing Colorado District Attoneys' Council and task force member member, testified on Bill #3 (incompetent to proceed)  and #4 (not guilty by reason of insanity).  He noted that the bills were not vetted by the task force and referenced the fiscal notes. He also spoke in support of Bill #10 (housing support services).  He answered questions from the committee.

Committee discussion followed about the stakeholder process and bill origins. 

 

 

01:26:56 PM  

Lauren Snyder, representing Mental Health Colorado, testified in support of Bill #3 (incompentent to proceed) and Bill #4 (not guilty by reason of insanity).  She expressed concerns about Bill #6 (emergency mental health treatment and evaluation standard). 

Meghan Baker, representing Disability Law Colorado, testified in support of Bill #3 (incompentent to proceed) and Bill #4 (not guilty by reason of insanity).  She discussed the consent decree with the state about competency.  

Rebecca Wallace, representing Colorado Freedom Fund, testified in support of Bill #3 (incompetent to proceed).

Committee members asked questions about competency and bond setting.  Further questions were raised about the settlement agreement and consent decree.  

01:54:34 PM  

Committee members asked questions about the fiscal note on Bill #4 (not guilty by reason of insanity). 

 

.

02:08:56 PM  

Committee members asked questions about pretrial diversion, triage centers, and mental health holds. 

02:24:17 PM  

Aaron Carpenter, Fiscal Analyst with Legislative Council Staff, answered questions about fiscal notes.



Committee Discussion: Consideration of Bill Draft Requests - Committee Discussion Only


02:31:51 PM  

Representative Amabile withdrew Bill #3 (incompentent to proceed).  She announced that the topic could be better addressed in the Behavioral Health Transformational Task Force. 

Senator Lee withdrew Bill #7 (triage centers). 

Represenative Amabile withdrew Bill #9 (jail standards). 

 



Committee Discussion: Referral of Bills to Legislative Council - Committee Discussion Only


02:35:22 PM  

The committee discussed and voted on Bill #2, reauthorization for the committee and task force, found here:   http://leg.colorado.gov/sites/default/files/images/bill_2_22-0139.pdf.



02:39:28 PM
Motion Move to Forward Bill # 2 Concerning the Treatment of Persons with Behavioral Health Disorders in the Justice System to Legislative Council
Moved Benavidez
Seconded Pelton
Amabile Yes
Lee Yes
Pelton Yes
Simpson Yes
Rodriguez Yes
Benavidez Yes
YES: 6   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS
02:39:30 PM  

The committee decided that Bill # 2 will start in the Senate.   Co-prime sponsors in the Senate are Senators Rodriguez and Lee, and co-prime sponsors in the House are Representatives Benavidez and Amabile. 

02:40:28 PM  

The commitee discussed and voted on Bill #4 (not guilty by reason of insanity), found here: http://leg.colorado.gov/sites/default/files/images/bill_4_22-0141.pdf   Two amendments were introduced:  Amendment #1 (Attachment A) and Amendment #2 (Attachment B).  Shelby Ross, Office of Legislative Legal Services, explained the amendments and answered related questions. 

 

The amendments passed without objection. 



02:51:36 PM
Motion Move to Forward Bill #4 Concerning Modifications to Not Guilty by Reason of Insanity to Legislative Council .
Moved Rodriguez
Seconded Amabile
Amabile Yes
Lee Yes
Pelton Yes
Simpson No
Rodriguez Yes
Benavidez Yes
YES: 5   NO: 1   EXC: 0   ABS:  0   FINAL ACTION:  PASS
02:51:38 PM  

The committee decided to start Bill #4 in the House, with Representatives Amabile and Benavidez as co-prime sponsors.  No sponsors in the Senate were identified. 

02:55:47 PM  

The committee discussed and voted on Bill #5: Pretrial Diversion for Person with Behavioral Health (http://leg.colorado.gov/sites/default/files/images/bill_5_22-0142_0.pdf).  



02:57:12 PM
Motion Move to Forward Bill #5 Concerning Pretrial Diversion to Legislative Council
Moved Rodriguez
Seconded Simpson
Amabile Yes
Lee Yes
Pelton Yes
Simpson Yes
Rodriguez Yes
Benavidez Yes
YES: 6   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS
02:57:14 PM  

Senators Simpson and Lee agreed to be the co-prime sponsors in the Senate, and Representatives Benavidez and Amabile in the House.

 

The committee discussed and voted on Bill #6:  Emergency Mental Health Treatment and Evaluation Standards (

Benavidez Bill #6 - gravely disabled for mental health holds.



02:59:19 PM
Motion Move to Forward Bill #6 Concerning the Standard for Emergency Mental Health Treatment and Evaluation to Legislative Council
Moved Rodriguez
Seconded Benavidez
Amabile Yes
Lee Yes
Pelton No
Simpson Yes
Rodriguez Yes
Benavidez Yes
YES: 5   NO: 1   EXC: 0   ABS:  0   FINAL ACTION:  PASS
02:59:22 PM  

Representatives Benavidez and Amabile are the co-prime sponsors in the House, and no sponsors were identified in the Senate.

03:00:25 PM  

The committee discussed and voted on Bill #10: programs to develop housing support services.



03:03:27 PM
Motion Move to Forward Bill #10 Concerning Programs to Develop Housing Support Servicesto Legislative Council
Moved Rodriguez
Seconded Lee
Amabile Yes
Lee Yes
Pelton No
Simpson No
Rodriguez Yes
Benavidez Yes
YES: 4   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS
03:03:31 PM  

The committee decided to start Bill #10 in the Senate with Senator Lee as the prime sponsor.  Representative Amabile volunteered to be the prime sponsor in the Senate.



03:05:09 PM

Representative Benavidez made closing remarks and reminded committee members of the Legislative Council meeting on November 15. 


03:07:14 PM   The committee adjourned.