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J_MICJS_2016A 03/18/2016 01:31:20 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



COMMITTEE ON TREATMENT OF PERSONS WITH MENTAL ILLNESS IN THE CRIMINAL JUSTICE SYSTEM

Date: 03/18/2016
ATTENDANCE
Time: 01:31 PM to 04:01 PM
Humphrey
X
Lee
X
Place: HCR 0112
Newell
X
Woods
X
This Meeting was called to order by
Martinez Humenik
X
Representative Singer
Singer
X
This Report was prepared by
Amanda King
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Call to Order

Status Update on Restoration/Competency Work Group Activities

General Overview of Advisory Task Force Recent Activities

Advisory Task Force Membership Update & Discussion of Vacancies

Status Update on Data Subcommittee Activities

Status Update on Housing Work Group Activities

Discussion of Future 2016 Leg. Oversight Committee Meeting Dates

Public Comment

Research Requests
Witness Testimony and/or Committee Discussion Only

Witness Testimony and/or Committee Discussion Only

Witness Testimony and/or Committee Discussion Only

Witness Testimony and/or Committee Discussion Only

Witness Testimony and/or Committee Discussion Only

Witness Testimony and/or Committee Discussion Only

Witness Testimony and/or Committee Discussion Only

Witness Testimony and/or Committee Discussion Only

Witness Testimony and/or Committee Discussion Only





01:31 PM -- Call to Order



Representative Singer called the meeting of the Legislative Oversight Committee Concerning the Treatment of Persons with Mental Illness in the Criminal and Juvenile Justice Systems (MICJS) to order. The meeting agenda (Attachment A) was distributed to the committee members.



16MICJS0318AttachA.pdf16MICJS0318AttachA.pdf



01:32 PM -- Status Update on Restoration/Competency Work Group Activities



Sheri Danz, MICJS Task Force member as the representative of the Office of the Child's Representative, discussed the work of the Competency Restoration Subcommittee of the MICJS Task Force. She outlined the work that the MICJS Task Force has done in the past concerning restoration and competency issues. She referenced the MICJS Task Force retreat that was held on September 25, 2015. She stated that instead of focusing on the definition of juvenile competency, the Competency Restoration Subcommittee is now focusing on restoration services. She stated that the subcommittee meets monthly and listed the agencies that are represented on the subcommittee.

















01:36 PM



Ms. Danz answered questions from the committee members about what currently happens to juveniles who are awaiting restoration services. She briefly discussed the curriculum that is used for juvenile restoration services. Ms. Danz referenced the delays that can occur in the court proceedings that involve juvenile competency issues. She discussed the comparative analysis with other states that that the subcommittee has conducted regarding juvenile restoration services. Ms. Danz listed Florida, Maryland, and Virginia as states that could be used as possible models for juvenile restoration services. She explained that Colorado law does not clearly identify which entity is designated to provide restoration services. She discussed the potential underreporting of data concerning competency restoration services ordered in juvenile cases. She stated that the subcommittee is working to develop a survey to send to practitioners in the juvenile justice field concerning restoration services. She stated that it is possible that the subcommittee will come forth with a recommendation that Colorado list in state law the singular designated entity responsible for contracting for competency restoration services. Ms. Danz reviewed the guiding principles that could be outlined in state law for the delivery of juvenile competency restoration services.





01:45 PM



Ms. Danz answered questions from the committee about competency restoration services and how it is determined if someone is restored to competency. She referenced the Models for Change publication entitled Developing Statutes for Competence to Stand Trial in Juvenile Delinquency Proceedings: A Guide for Lawmakers by Dr. Kimberly Larson and Dr. Thomas Grisso.





01:49 PM



Amanda King, Legislative Council Staff, answered a question about a memorandum on juvenile competency statutes and model legislation that was prepared by Legislative Council Staff (Attachment B). Ms. Danz discussed the existing research the subcommittee has reviewed.



16MICJS0318AttachB.pdf16MICJS0318AttachB.pdf



01:50 PM



Ms. Danz discussed the subcommittee's activities related to adult competency restoration services. She referenced litigation regarding adult competency evaluations. Ms. Danz stated the next step for the subcommittee is engaging the Office of Behavioral Health in the Department of Human Services. Ms. Danz answered questions about the involvement of the Department of Corrections in the subcommittee's activities. In response to a question, Ms. Danz further discussed the competency restoration services provided in Virginia and how that state could be a model for Colorado. Ms. Danz responded to questions about how many juveniles are referred for restoration competency services. She referenced the Joint Budget Committee's FY 2016-17 Staff Budget Briefing - Judicial Branch document. Ms. Danz emphasized the importance of including a data collection component in any subcommittee recommendations regarding competency restoration.























02:06 PM



Representative Singer referenced the MICJS Advisory Task Force Members list (Attachment C) that was provided to the committee members. He asked that the committee be provided a list of the subcommittee members. The committee discussed identifying Legislative Oversight Committee members to work with the subcommittee on restoration competency issues.



16MICJS0318AttachC.pdf16MICJS0318AttachC.pdf



02:09 PM -- General Overview of Advisory Task Force Recent Activities



Susie Walton, MICJS Task Force Chair and Park County Department of Human Services Director, outlined the three focus areas for the task force of competency restoration, housing, and data. She discussed how some of the issues outlined in the task force's charge are being addressed by other entities, such as suicide and medication consistency. Ms. Walton said that she would provide the committee members with a list of subcommittee members.





02:13 PM -- Advisory Task Force Membership Update and Discussion of Vacancies



Ms. Walton stated that there are current three vacancies on the task force. The Task Force Membership booklet (Attachment D) was distributed to the committee members. She discussed Chris Johnson, Executive Director of the County Sheriffs of Colorado, whose appointment as a representative of local law enforcement is pending. Ms. Walton stated that the representative for the Colorado Mental Health Institute at Pueblo had recently resigned from the task force. She said the institute is currently looking for another representative to fill the vacancy. Ms. Walton discussed the vacancy of a judicial branch representative and stated that the appointment will be made by the Chief Justice of the Colorado Supreme Court once a representative is identified.



16MICJS0318AttachD.pdf16MICJS0318AttachD.pdf



Ms. Walton discussed Jack Zelkin who was recently appointed to the task force as a member of the public who has an adult family member who has a mental illness and who has been involved in the Colorado criminal justice system. She also discussed Ms. Zelkin's experience in the housing sector.



Ms. Walton discussed the Department of Corrections representatives on the task force.



























02:17 PM -- Status Update on Data Subcommittee Activities



Peggy Heil, MICJS Task Force member as the representative of the Department of Public Safety, provided an information packet (Attachment E) to the committee about the federal Bureau of Justice Assistance Second Chance Act Statewide Adult Recidivism Reduction Strategic Planning Program Grant. She stated that the first key collaborator steering committee meeting was held on March 14, 2016. She reviewed the background and process for applying for the grant and how the task force became involved. She discussed issues related to recidivism, increased percentages of jail detainees with mental illness, and psychotropic medication disruptions as individuals transfer between systems. Ms. Heil discussed the identified need to plan a statewide electronic justice and health information sharing system to improve continuity of care and to reduce recidivism of individuals with mental illness.



16MICJS0318AttachE.pdf16MICJS0318AttachE.pdf



02:21 PM



Camille Harding, MICJS Task Force co-chair and Department of Health Care Policy and Financing, reviewed the Succinct Summary of 2015 Focus Group Responses (Attachment F). She stated that the focus groups were conducted through a partnership with the Colorado Regional Health Information Organization, Department of Health Care Policy and Financing, and the task force. Ms. Harding stated that the focus groups were conducted by phone. She stated that there was limited participation of eastern plains and no input from the health providers within the criminal justice organizations. In response to a question, Ms. Harding discussed why certain providers were not contacted for the focus groups. The committee dialogued with Ms. Harding about involving smaller counties and other various criminal justice organizations in future endeavors.



16MICJS0318AttachF.pdf16MICJS0318AttachF.pdf



02:30 PM



Ms. Harding discussed the findings regarding the screenings that occur in criminal justice entities. She stated that very few criminal justice entities are currently using a standardized means of detecting inmates with mental and behavioral health issues. She said that most criminal justice entities conduct suicide risk assessments. Ms. Harding discussed the difficulties for jail staff in obtaining diagnoses and medication records from other entities. She reviewed the finding of the focus group research related to mental health treatment provided through the criminal justice entities. Ms. Heil answered questions about what happens in situations when a criminal justice entity is lacking health care providers. Ms. Heil discussed a survey that was sent out through the County Sheriffs of Colorado association to determine who the providers of certain health-related services are for the various county jails. Ms. Heil said that the survey results could possible be made available to the committee.

























02:36 PM



Ms. Harding discussed the focus group results concerning the attitudes towards the proposed health information exchange, which were mainly positive. She discussed the focus group results concerning the definition of "serious mental illness." Ms. Harding answered questions about the varying definitions of "serious mental illness" used by different entities. She responded to questions related to medication consistency throughout various criminal justice entities. Ms. Harding and Ms. Heil responded to additional questions about issues that can arise from different entities using definitions of "serious mental illness." Representative Lee discussed the need for a standardized screening tool for serious mental illness. In response to a question, Ms. Harding discussed some of the screening tools that are used in Colorado and the need for additional research regarding screening tools. Committee discussion about law enforcement training regarding the handling of persons with mental illness occurred.





02:55 PM



Ms. Harding answered questions about jail-based behavioral health services. Senator Newell discussed a possible research request on national information about definition for "serious mental illness" and the various screening tools for mental illness. Ms. Harding outlined the future directions listed in Attachment F for using the information gathered through the focus groups.





03:01 PM



Ms. Heil stated that the planning grant has been awarded for one year. She discussed the timeline for accessing implementation funds and the information exchange that could result if the implementation grant funds are received. Ms. Heil referenced the subcommittees that are involved in the planning grant structure. In response to a previous question, Ms. Heil discussed how medication consistency issues can arise when a person transfers facilities. She discussed the work of the medication consistency workgroup that the Behavioral Health Transformation Council formed. Ms. Heil referenced the other materials in the information packet she provided the committee.





03:12 PM -- Status Update on Housing Work Group Activities



Kathy McGuire, MICJS Task Force Member as the representative of the Office of Alternate Defense Council, discussed the background and work of the housing subcommittee of the MICJS Task Force. She listed the entities that are represented on the subcommittee. Ms. McGuire stated that a summer intern will be working on gathering information about prior and current legislation and other efforts that are underway to address housing for persons with a mental illness who are involved in the criminal and juvenile justice systems. She stated that the goal of the research is to develop a white paper. Ms. McGuire discussed the long-term goal of developing pilot projects to address housing issues in both the rural and metro areas.





























03:20 PM



Representative Lee discussed the issue of inmates being released homeless. He encouraged the subcommittee to engage the Department of Local Affairs. Ms. McGuire stated that the subcommittee has identified 30 entities to engage in the subcommittee's efforts. Senator Newell discussed a possible research request of prior legislation concerning housing for persons with a mental illness who are involved in the criminal and juvenile justice systems.





03:25 PM -- Discussion of Future 2016 Legislative Oversight Committee Meeting Dates



Amanda King, Legislative Council Staff, outlined various scheduling matters for the committee to consider. She stated that Colorado law indicates that the committee is to meet a minimum of three times annually. Ms. King stated that the bill drafting and interim committee meeting guidelines will probably not be issued until June, but outlined a possible timeline for interim committee bill drafting. In response to a question, Ms. Walton stated she did not feel it was necessary for the committee to meet again before the end of the legislative session, but encouraged the committee members to attend the upcoming task force meetings. Committee discussion about a potential meeting in June occurred, but no specific date was determined.





03:30 PM -- Public Comment



03:30 PM --
Lisa Mitchell, representing herself, discussed family's experience with juvenile and criminal justice systems. She expressed her concerns about the treatment her son received from various state entities. She discussed the use of psychotropic medications in state facilities and Medicaid fraud.





03:45 PM



Committee members made comments regarding Ms. Mitchell's testimony. Committee members continued to dialogue with Ms. Mitchell about her son and her possible involvement with the MICJS Task Force.



03:54 PM --
Debbie Carroll, representing herself, discussed competency evaluations, the conditions of youth corrections facilities, and House Bill 16-1110, a Parent's Bill of Rights. Committee members commented about Ms. Carroll's testimony.





03:59 PM -- Research Requests



Representative Singer discussed potential research requests concerning a 50-state survey of definitions of "serious mental illness," screening tools for mental illness for people entering jails or prison, and prior legislation concerning housing for people being released from the criminal and juvenile justice systems. The committee discussed the potential research requests with Ms. King.





04:01 PM



The committee adjourned.


The House and Senate are temporarily adjourned.  The building is closed to the public.

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