j_lc_2017a_2017-11-15t12:10:20z8 Hearing Summary

Date: 11/15/2017

Location: RM 271

01:04 PM -- Treatment of Persons with Mental Health Disorders in the Criminal Justice System



Senator Martinez Humenik, chair of the Treatment of Persons with Mental Health Disorders in the Criminal Justice System Legislative Oversight Committee, appeared before the committee. Senator Martinez Humenik presented on Bill A. The summary report prepared for the Legislative Council Committee, copies of the bills, and the committee's charge can be found in Attachment H. The bills are as follows:



Attachment H - MHDCJS merged files.pdf



Bill A – Competency to Proceed Juvenile Justice System. The bill defines mental and developmental disabilities, competent to proceed, incompetent to proceed, and mental capacity in the children's code. Bill A also defines a restoration to competency hearing and specifies that the determination of a juvenile's competency must include an evaluation of developmental disabilities, mental disabilities, and mental capacity. The bill also states that age alone cannot be a determining factor of juvenile incompetency without a finding that the juvenile lacks relevant competence. Under current law, if the court orders a competency evaluation, the evaluation must be conducted in the least restrictive environment possible while taking public safety and the juvenile's best interests into account. Bill A specifies that the evaluation can occur in the home or in a community placement, if appropriate.



Bill B – Fund Transitioning from Criminal and Juvenile Justice Systems. Senate Bill 17-021 created a one-time General Fund transfer of unspent community corrections funding in the Department of Public Safety (DPS) to the Housing Assistance for Persons Transferring from Incarceration Cash Fund in the Department of Local Affairs (DOLA). Bill B continues this transfer of unspent community corrections funds to DOLA indefinitely.



Bill C – Rental Application Disclose Selection Criteria. The bill requires a landlord to provide each prospective tenant with written notice of the landlord's tenant selection criteria, and the grounds upon which a rental application may be denied before accepting an application or collecting an application fee. The notice must state the amount of the application fee, which must be uniform for all applicants. Bill C also defines a violation of these requirements as a deceptive trade practice.



Bill D – Inmate Treatment Incentive Plans. The bill requires the Department of Corrections (DOC) to track data on inmates who are not receiving mental health treatment specified in their rehabilitation report and to develop incentive plans to attract additional mental health providers to the geographic areas where inmates are not receiving treatment and services. Incentives may include additional fees, travel reimbursement, bonuses, and other financial incentives. The DOC must report annually to the Joint Budget Committee each December 1, starting in 2019, on the number of inmates requiring treatment and services provided by a mental health professional and the number of inmates unable to receive these services, both statewide and for any area for which an incentive plans is developed. The DOC must also report specific details about incentive plans developed under Bill D, including measures of their effectiveness.

Senator Martinez Humenik and the committee discussed Bill C.