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h_jud_2018a_2018-05-03t14:37:58z2 Hearing Summary




PUBLIC
BILL SUMMARY For SB18-249

HOUSE COMMITTEE ON JUDICIARY
Date May 3, 2018      
Location HCR 0112



SB18-249 - Amended, referred to House Appropriations

05:47:10 PM  
The committee recessed.
05:47:18 PM  
The committee returned to order. The committee recessed.
06:02:42 PM  

The committee returned to order. Representatives Lee and Young, prime sponsors, presented Senate Bill 18-249, concerning establishing alternative programs in the criminal justice system to redirect individuals with a behavioral health condition to community treatment. Representative Lee explained the effect of the bill, and discussed its need. He also discussed the associated bills, Senate Bills 250, 251, and 252, as outlined by a background briefing prepared by the Joint Budget Committee Staff (Attachment F). Discussion ensued regarding a settlement agreement concerning the lengths of time that individuals wait for restoration services. Discussion followed regarding the definition of competency. Committee members received a fact sheet documenting trends in competency restoration, prepared by the Department of Human Services (Attachment G).

06:30:00 PM  

Ms. Brenidy Rice, representing the Office of the State Court Administrator, testified in support of SB 18-251, and from a neutral position on SB 18-249 and SB 18-250. She explained the office's position on these bills. Ms. Iris Eytan, representing the Colorado Lawyers Committee, testified in support of SB 18-249, SB 18-250, and SB 18-251.  Ms. Eytan discussed the case that resulted in the drafting of the package of bills, and the circumstances under which those who are awaiting competency restoration services are living. Mr. Doug Wilson, State Public Defender, testified in support of SB 249, 250, and 251. The committee recessed.

06:58:59 PM  

The committee returned to order. Mr. Wilson explained the programming created by SB 18-249, and discussed a forthcoming amendment. Mr. Wilson explained SB 18-251, and why the three bills are not connected to the class action suit. Mr. Frank Cornelia, representing the Colorado Behavioral Healthcare Council, testified in support of the SB 18-249, SB 18-250, and SB 18-251, and discussed the merits of the legislation. Ms. Eyton responded to questions regarding the potential impact of the three bills on compliance with the settlement agreement. The various panel members clarified their positions on the three bills. Discussion ensued regarding the types of crimes invoked by SB 18-249, and the time frame for initiating the programming under the legislation.

07:20:26 PM  

Ms. Eyton responded to questions regarding how the three bills will help to alleviate the backlog of persons waiting for competency restoration services.

07:28:19 PM  
Mr. Arnold Hanuman, representing the Colorado District Attorneys' Council, testified in support of SB 18-249 as amended by the Senate. Mr. Tim Lane, representing the Colorado District Attorneys' Council, testified in support of SB 18-250 and SB 18-251. He discussed the merits of the programming initiated by these bills. Mr. Hanuman responded to questions regarding failure of an offender to complete the programming created by SB 18-249, and the costs of the bill. Discussion ensued regarding the thoroughness of the review of the three bills by various stakeholders, and testimony on the bills in the Senate.
07:39:54 PM  

Mr. Reggie Bicha, Executive Director of the Department of Human Services, testified in support of SB 18-250 and SB 18-251. Director Bicha discussed problems associated with the rising demand for competency restoration services. Director Bicha explained why the department is taking a neutral position SB 18-249, and discussed the genesis of the three bills. Dr. Robert Werthwein, representing the Department of Human Services, provided additional input on the merits of SB 18-250. Director Bicha responded to questions regarding the ability to provide the services augmented by the bills at the community level, and the increase in competency restoration services requests. Discussion ensued regarding the provision of jail-based restoration services under the legislation package.

07:56:45 PM  

Representative Lee explained the effect of amendment L.006 (Attachment H).



08:00:21 PM
Motion Adopt amendment L.006
Moved Lee
Seconded Herod
Benavidez
Carver
Herod
Lundeen
Melton
Roberts
Weissman
Willett
Wist
Salazar
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
08:01:01 PM  

Discussion ensued regarding amendment L.007 (Attachment I).



08:01:19 PM
Motion Adopt amendment L.007.
Moved Lee
Seconded Herod
Benavidez
Carver
Herod
Lundeen
Melton
Roberts
Weissman
Willett
Wist
Salazar
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
08:03:57 PM  
Various committee members provided their positions on SB 18-249. Representatives Lee and Young provided closing remarks in support of the bill.


08:09:04 PM
Motion Refer Senate Bill 18-249, as amended, to the Committee on Appropriations.
Moved Lee
Seconded Roberts
Benavidez Yes
Carver Yes
Herod Yes
Lundeen No
Melton Yes
Roberts Yes
Weissman Yes
Willett No
Wist No
Salazar Yes
Lee Yes
Final YES: 8   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  PASS