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H_JUD_2017A 05/04/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON JUDICIARY

Date: 05/04/2017
ATTENDANCE
Time: 01:31 PM to 04:05 PM
Benavidez
X
Carver
X
Place: HCR 0112
Foote
X
Herod
*
This Meeting was called to order by
Lundeen
X
Representative Lee
Melton
X
Weissman
X
This Report was prepared by
Willett
X
Bo Pogue
Wist
*
Salazar
X
Lee
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB17-294

HB17-1371

SB17-207
Amended, Referred to the Committee of the Whole

Referred to the Committee of the Whole

Amended, Referred to House Appropriations





01:32 PM -- SB17-294



The committee was called to order. A quorum was present. Representative Lee, prime sponsor, presented Senate Bill 17-294, concerning the nonsubstantive revision of statutes in the Colorado Revised Statutes, as amended, and, in connection therewith, amending or repealing obsolete, imperfect, and inoperative law to preserve the legislative intent, effect, and meaning of the law. Representative Lee explained the effect of the bill and discussed its need.





















































01:36 PM



Ms. Jennifer Gilroy, Revisor of Statutes with the Office of Legislative Legal Services, explained the effect of amendments L.004 (Attachment A) and L.005 (Attachment B).



17HouseJud0504AttachA.pdf17HouseJud0504AttachA.pdf 17HouseJud0504AttachB.pdf17HouseJud0504AttachB.pdf

BILL: SB17-294
TIME: 01:37:01 PM
MOVED: Lee
MOTION: Adopt amendment L.004 (Attachment A). The motion passed without objection.
SECONDED: Melton
VOTE
Benavidez
Carver
Foote
Herod
Excused
Lundeen
Melton
Weissman
Willett
Wist
Salazar
Lee
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection








































BILL: SB17-294
TIME: 01:38:29 PM
MOVED: Lee
MOTION: Adopt amendment L.005 (Attachment B). The motion passed without objection.
SECONDED: Melton
VOTE
Benavidez
Carver
Foote
Herod
Excused
Lundeen
Melton
Weissman
Willett
Wist
Salazar
Lee
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection







































































01:39 PM



Representative Lee provided closing remarks in support of SB 17-294.

BILL: SB17-294
TIME: 01:40:25 PM
MOVED: Lee
MOTION: Refer Senate Bill 17-294, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED: Wist
VOTE
Benavidez
Yes
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
Melton
Yes
Weissman
Yes
Willett
Yes
Wist
Yes
Salazar
Yes
Lee
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





01:41 PM -- HB17-1371



Representative Lee, prime sponsor, presented House Bill 17-1371, concerning the distribution of medications to outlets that are under common ownership of certain entities. Representative Lee discussed the need for the legislation. The following persons testified regarding HB 17-1371:



01:44 PM --
Mr. Chris Gassen, representing the Department of Regulatory Agencies, Mr. Russell Klein, representing the Attorney General's Office, and Ms. Jennifer Novotny, representing the Department of Corrections, testified on the bill. Mr. Gassen explained the difference between a "pharmacy prescription drug outlet" and "other outlet," and responded to a question about a bill drafting issue. Mr. Gassen responded to further questions regarding the difference between distributing prepackaged drugs and drug compounding. Ms. Novotny responded to questions regarding potential cost savings under the bill.



























01:57 PM



No amendments were offered to HB 17-1371.

BILL: HB17-1371
TIME: 01:58:15 PM
MOVED: Lee
MOTION: Refer House Bill 17-1371 to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED: Melton
VOTE
Benavidez
Yes
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
Melton
Yes
Weissman
Yes
Willett
Yes
Wist
Yes
Salazar
Yes
Lee
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





01:59 PM -- SB17-207



Representative Salazar and Sias, co-prime sponsors, presented SB 17-207, concerning strengthening Colorado's statewide response to behavioral health crises. Committee members received a letter supporting the bill from the Colorado Psychiatric Society (Attachment C). Representative Salazar explained the effect of the bill and discussed its need. Representative Sias provided input on the bill. Representative Sias responded to questions regarding action taken by the Colorado Commission on Criminal and Juvenile Justice on the issue. Representatives Salazar and Sias responded to questions regarding the fiscal impact of the bill, and the impact of the bill in rural areas. The following persons testified regarding SB 17-207:



17HouseJud0504AttachC.pdf17HouseJud0504AttachC.pdf



























02:08 PM --
Ms. Chrissie Hodges, representing herself, testified in support of the bill. Ms. Hodges discussed her experiences with the mental health system. Ms. Moe Keller, representing Mental Health Colorado, testified in support of the bill. Ms. Keller responded to questions regarding how the bill will facilitate the provision of mental health services by health care providers in certain circumstances.





02:18 PM



Ms. Keller responded to questions regarding mental health holds at hospitals under the bill. Sheriff Chris Johnson, representing County Sheriffs of Colorado, testified in support of the bill. Sheriff Johnson provided background on the creation of the bill, and explained scenarios that would be remedied by the legislation. Sheriff Johnson responded to questions regarding how rural counties will implement the provisions of SB 17-207.



02:31 PM --
Ms. Aubrey Boggs and Ms. Cuica Montoya, representing the Colorado Mental Wellness Network, testified in support of the bill. Ms. Boggs read her testimony (Attachment D). Ms. Montoya recounted her experiences in being committed to an involuntary hold. Ms. Montoya responded to questions regarding how her situation may have been different had the provisions of SB 17-207 been in place, and the effect of the hold on her well-being and life circumstances. Discussion ensued regarding training for assisting those experiencing mental health crises.



17HouseJud0504AttachD.pdf17HouseJud0504AttachD.pdf



02:40 PM --
Mr. Frank Cornelia, representing the Colorado Behavioral Health Council, testified in support of the bill. Mr. Cornelia discussed the benefits of directing those experiencing mental health crises to health care institutions rather than jail. Mr. Cornelia responded to questions regarding the ability of these health care facilities to handle those experiencing mental health issues. Mr. Cornelia read a statement about the benefits of the bill for rural areas. Dr. Abigail Tucker, representing CMHC, testified in support of the bill. Dr. Tucker explained how her facility handles crisis walk-ins, and cited statistics on the magnitude of the issue. She responded to questions raised during earlier discussion. Dr. Tucker responded to questions regarding the ability to conduct certain screenings via telehealth means.





02:55 PM



Discussion ensued regarding the Edge Program. Discussion returned to patient screening and its efficacy. Discussion followed regarding the basis for a judge to order a mental health hold under the bill. Dr. Tucker responded to questions regarding statutorily required designations for a walk-in crisis center. Mr. Cornelia provided input on the issue.































03:06 PM



Dr. Tucker responded to questions regarding the number of cases that include both mental health and substance abuse issues, and the benefits of treatment for mental health issues.



03:08 PM --
Mr. Doug Wilson, representing the Colorado Commission on Criminal and Juvenile Justice, and Ms. Jenny Hill, representing the Hearing Voices Network, testified in support of the bill. Mr. Wilson provided background on the creation of SB 17-207, and discussed the intent of creating a process for holding those experiencing mental health crises outside the criminal justice framework. Ms. Eliza Schultz, representing the Van Horn family, testified in support of the bill. Ms. Schultz read testimony on issues experienced by this family.





03:21 PM



Ms. Hill discussed her experiences as someone who has experienced mental health holds.



03:29 PM --
Dr. Nancy Vandemark, representing the Department of Human Services, testified in support of the bill. Dr. Vandemark explained how the bill will improve the state's crisis response system, and addressed concerns expressed during earlier discussion about the impact of the bill on rural areas. Dr. Vandemark responded to questions regarding how the provisions of SB 17-207 will be implemented, and a two-hour standard of care created by the bill. Discussion ensued regarding costs associated with the bill.





03:44 PM



Dr. Vandemark responded to questions regarding some legislative history on the issue of keeping those with mental illness out of the criminal justice system, and certain initiatives that might help accomplish the goals of SB 17-207. Discussion ensued regarding how to best handle those experiencing a mental health crisis.





03:55 PM



Representative Salazar explained the effect of amendment L.014 (Attachment E).



17HouseJud0504AttachE.pdf17HouseJud0504AttachE.pdf
































BILL: SB17-207
TIME: 03:55:28 PM
MOVED: Salazar
MOTION: Adopt amendment L.014 (Attachment E). The motion passed without objection.
SECONDED: Lee
VOTE
Benavidez
Carver
Foote
Herod
Lundeen
Melton
Weissman
Willett
Wist
Salazar
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





































































03:55 PM



Various committee members provided their positions on SB 17-207. Representatives Salazar and Sias provided closing remarks in support of the bill.

BILL: SB17-207
TIME: 03:56:56 PM
MOVED: Salazar
MOTION: Refer Senate Bill 17-207, as amended, to the Committee on Appropriations. The motion passed on a vote of 11-0.
SECONDED: Herod
VOTE
Benavidez
Yes
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
Melton
Yes
Weissman
Yes
Willett
Yes
Wist
Yes
Salazar
Yes
Lee
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





04:05 PM



The committee adjourned.


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