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J_MICJS_2017A 09/18/2017 10:07:49 AM Committee Summary

Final

STAFF SUMMARY OF MEETING



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

Date: 09/18/2017
ATTENDANCE
Time: 10:07 AM to 01:28 PM
Benavidez
X
Cooke
X
Place: SCR 352
Fields
X
Humphrey
X
This Meeting was called to order by
Singer
X
Senator Martinez Humenik
Martinez Humenik
*
This Report was prepared by
Amanda King
X = Present, E = Excused, A = Absent, * = Present after roll call, R = Remote Participation
Bills Addressed: Action Taken:
Call to Order

Overview of Advisory Task Force Recent Activities

Restoration and Competency Work Group Update

Department of Human Services Proposals

Status Update on Task Force Data Subcommittee

Status Update on Task Force Housing Work Group

Request Bill Drafts

Public Comment
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

Recommendations Approved and Not Approved

Witness Testimony and/or Committee Discussion Only





10:08 AM -- Call to Order



Representative Singer called the meeting to order. A meeting agenda (Attachment A), a list of advisory task force members (Attachment B), and a document concerning interim committee bill deadlines (Attachment C) were distributed to the committee.



17MHDCJS0918AttachA.pdf17MHDCJS0918AttachA.pdf 17MHDCJS0918AttachB.pdf17MHDCJS0918AttachB.pdf



17MHDCJS0918AttachC.pdf17MHDCJS0918AttachC.pdf

























10:09 AM -- Advisory Task Force Vacancies and General Overview of Advisory Task Force Recent Activities



Bill Martinez, Advisory Task Force Member, stated that there is one vacancy on the advisory task force for a representative who is a practicing mental health professional. He stated that a candidate has been identified to fill the vacancy and the candidate's information was forwarded to Camille Harding, Advisory Task Force Chair.





10:10 AM



Mr. Martinez discussed the task force's recent activity. He stated that there are representatives from the four advisory task force subcommittees who will be providing reports later in the meeting. Mr. Martinez said that additionally the advisory task force has been working with members of the Sex Offender Management Board (SOMB) to identify potential issues concerning juveniles who have committed a sexual offense. He stated that a subcommittee of the SOMB had done research and presented a white paper on the research, implications, and recommendations regarding registration and notification of juveniles who have committed sexual offenses (Attachment D) to the advisory task force. Mr. Martinez said that the white paper contains eight legislative recommendations, but the consensus of the advisory task force is not to address all of them at once, but to focus on a few of the recommendations contained in the white paper for the upcoming legislative session. He stated the recommendations that the advisory task force would like to focus on in the immediate future are:



17MHDCJS0918AttachD.pdf17MHDCJS0918AttachD.pdf

      • making the juvenile registry a law enforcement tool only and not making available for public disclosure, and establishing parameters for how schools obtain and share registration information;
      • identifying those juveniles who are eligible for a hearing for discontinuation from the registry and having those hearings set at the time of successful completion from supervision;
      • changing the threshold for release from registration; and
      • changing statutory language in Section 16-22-103, C.R.S., concerning the first petition.



Mr. Martinez discussed the work of the advisory task force's subcommittees. He stated that the Restoration and Competency Work Group has been reviewing definitions related to juvenile competency. He discussed the various stakeholders who have been involved in the discussion on the topic. Mr. Martinez said there are three working drafts that exist, but they are not that different from one another. He said that the Restoration and Competency Work Group usually meets on the third Friday of every month at noon, and that they are open meetings.



Mr. Martinez said that the Housing Work Group is working on legislative proposals, primarily dealing with housing applications and some of the barriers to obtaining housing that people with mental health disorders encounter. He said that Gina Shimeall, Advisory Task Force Member, will be providing a full updated from the Housing Work Group. He said that Peggy Heil, Advisory Task Force Member, will be providing an update from the Data Subcommittee concerning efforts to address data collection. Mr. Martinez referenced a white paper that was prepared last year that the Restoration and Competency Work Group has been using to inform its discussions.

























10:20 AM



Representative Singer discussed the possible intersection between the Sentencing in the Criminal Justice System Interim Study Committee and the recommendations from the SOMB.





10:21 AM



Mr. Martinez discussed the status of the white paper from the SOMB. Senator Martinez Humenik stated that bill requests need to be made during the meeting to meet the interim committee deadlines. The committee further discussed the interim committee bill deadline process.





10:28 AM



In response to a question, Mr. Martinez discussed efforts throughout the state to address the workforce shortage of the mental health providers in rural areas, but stated that the workforce shortage has not been a focus of the advisory task force. The committee discussed recent legislative efforts to expand mental health services in rural areas of the state.





10:31 AM



Mr. Martinez stated that the advisory task force would support legislation to incorporate the previously identified SOMB recommendations into state law. He said that the advisory task force would support legislation to change definitions related to juvenile competency, and said that specific language could be provided by the end of the week. Mr. Martinez said that the advisory task force would support legislation to address issues identified by the Housing Work Group, including "Ban the Box" legislation and efforts to create a universal criminal record background check for use on housing applications. Representative Singer asked that the subcommittees be offered the opportunity to present the bill ideas they are proposing to the committee.





10:38 AM



Senator Martinez Humenik reiterated that bill information needs to be provided to the Office of Legislative Legal Services by October 21 for any bill concepts approved by the committee at the meeting. She mentioned the juvenile recidivism rate in the state.





































10:40 AM



Laurie Rose Kepros, Colorado State Public Defender's Office, and Arnold Hanuman, Colorado District Attorneys' Council (CDAC), came to the table to discuss the Millard et al., v. Rankin case concerning Colorado's Sex Offender Registry. Mr. Hanuman said that from his perspective, the legislative recommendations from the SOMB could still be brought forth and would not be impacted by the findings in the case. Ms. Kepros discussed the findings in the Millard case. She discussed other states that have had cases concerning their sex offender registries. Mr. Hanuman said he had concerns about whether language concerning the proposed changes to the statutes concerning the sex offender register could be fully vetted by various stakeholders prior to the September 21 deadline to provided drafting information to the Office of Legislative Legal Services. Mr. Hanuman answered questions from the committee about the Colorado District Attorneys' Council's position on the recommendations contained in the SOMB white paper. Ms. Kepros and Mr. Hanuman answered questions about the SOMB recommendations, the Millard case, and how the ability to access information contained in the registry may change in the future. Ms. Kepros said that the white paper was approved by the SOMB, but not the recommendations.





10:55 AM -- Status Update on Task Force Subcommittees - Restoration and Competency Work Group



Mr. Martinez discussed the recent activities of the Restoration and Competency Work Group. He said that the work group is making a legislative recommendation related to the juvenile competency definition, and provided background information on the issue. He stated that the CDAC supports the concept. Mr. Martinez said suggested language would be available by Thursday, September 21, 2017, after the advisory task force meets to discuss the three working drafts.





10:58 AM



Tariq Sheikh, Advisory Task Force Member, discussed the Restoration and Competency Work Group's recommendations concerning definitions related to juvenile competency. He referenced Senate Bill 17-012, concerning competency restoration services for defendants deemed incompetent to proceed. Mr. Sheikh discussed the concerns of the CDAC about the issue, but said that the CDAC did put forth a draft of the bill. He said the definition about mental capacity may still raise concerns, depending on which version moves forward. He outlined the recommendation from the CDAC related to the definition of juvenile competency. He discussed concerns about the potential legislative declaration, and pointed out provisions being discussed that are substantive in nature that should not be included in a legislative declaration. Mr. Sheikh raised questions about how the bill would be implemented and the effective date of the bill.





11:07 AM



Mr. Sheikh answered questions about juvenile competency, how juvenile competency is currently handled, and the mental capacity of juveniles.



























11:14 AM



Sheri Danz, Advisory Task Force Member, provided historical information regarding the efforts of the advisory task force to address the juvenile competency definitions. She referenced House Bill 15-1025, concerning competency to proceed for juveniles involved in the juvenile justice system. Committee members made comments about juvenile brain development.





11:20 AM -- Department of Human Services Proposals



Dr. Patrick Fox, Chief Medical Officer, Department of Human Services, discussed a proposal from the Department of Human Services to allow jails to petition the court to obtain an order permitting the jail to provide involuntary medications. He provided a handout about the proposal to the committee members (Attachment E).



17MHDCJS0918AttachE.pdf17MHDCJS0918AttachE.pdf



11:26 AM



Dr. Fox answered questions from the committee about the proposal, the ability of jails to forceable administer medication, and how an approved facility will be determined.





11:36 AM



Dr. Fox discussed a proposal related to Senate Bill 17-012, concerning competency restoration services for defendants deemed incompetent to proceed. He provided a handout about the proposal to the committee (Attachment F). According to the handout, the proposal would add language to state law addressing competency restoration being completed in jails and ensuring restoration treatment is being provided in the least restrictive environment. Dr. Fox said that the proposal is a cost-effective way of managing the continued rise in the restoration population, while providing the right level of service necessary.



17MHDCJS0918AttachF.pdf17MHDCJS0918AttachF.pdf



11:43 AM



In response to a question, Dr. Fox discussed which stakeholders have been consulted about the proposal and which stakeholders may have concerns about the proposal. He answered questions about the potential need for additional jail funding to house offenders who are receiving clinical care. Dr. Fox discussed the fiscal impact of providing competency restoration in jails. In response to a question, Dr. Fox discussed the settlement agreement that requires a person who has been determined to need competency restoration services to access that treatment within 28 days of that determination. He discussed a provision of the settlement agreement that allows for additional time beyond the 28 days in certain circumstances. In response to a question, Dr. Fox referenced House Bill 16-1410, concerning matters related to the location where a competency evaluation is conducted.

















11:57 AM



Senator Martinez Humenik discussed the two bills proposals. Dr. Fox answered questions about the proposals.





12:01 PM -- Status Update on Task Force Subcommittees - Data Subcommittee



Peggy Heil, Advisory Task Force Member, updated the committee about the Data Subcommittee. She provided two handouts to the committee (Attachments G and H). She said that the Data Subcommittee does not have any bill proposals at this time. Ms. Heil reviewed the Medication Consistency Information Exchange Planning Process and the steps various state agencies will be taking to develop a Colorado Justice-Health Trusted Interoperability Platform to share health information between various systems. She referenced pages 14 and 15 of Attachment H that diagram what a potential system would look like and the existing disconnected systems.



17MHDCJS0918AttachG.pdf17MHDCJS0918AttachG.pdf 17MHDCJS0918AttachH.pdf17MHDCJS0918AttachH.pdf



12:08 PM



Senator Martinez Humenik commented on the inability of small and rural jails to develop electronic health records and the possibility of reductions in federal funding. Ms. Heil answered questions about the Colorado Regional Health Information Organization and the Quality Health Network involvement in sharing health records in the proposed system. In response to a question, Ms. Heil discussed how the proposed system would be compliant with various federal laws, including the Health Insurance Portability and Accountability Act of 1996 and 42 CFR Part 2. Ms. Heil confirmed that she was providing an update on the Data Subcommittee, but not asking for legislation related to the work of the subcommittee for the upcoming legislative session. She said that the Data Subcommittee is working with Governor's Office of eHealth Innovation.





















































12:18 PM -- Status Update on Task Force Subcommittees - Housing Work Group



Gina Shimeall, Advisory Task Force Member, provided an update to the committee about the Housing Work Group. She introduced Jaclyn Foote, a law student who has been assisting the work group with research. Ms. Shimeall provided a handout to the committee (Attachment I). She referenced the passage of Senate Bill 17-021, concerning reentry services for persons with mental illness in the criminal justice system, and the work the oversight committee tasked the work group with regarding the appropriations made in Senate Bill 17-021. Ms. Shimeall outlined the discussion between the State Housing Board and the Housing Work Group about the implementation of Senate Bill 17-021. She outlined the following legislative requests of the Housing Work Group:



17MHDCJS0918AttachI.pdf17MHDCJS0918AttachI.pdf

      • extending a repeal date in Senate Bill 17-021;
      • implementing "Ban the Box" legislation;
      • restricting rental application fees; and
      • creating a multiple use of credit and criminal record background check for multiple applications.



Ms. Shimeall discussed issues that arise in the application process for housing related to credit checks and criminal record background checks. She referenced House Bill 17-1310, concerning an application screening fee that a residential landlord charges a prospective tenant. Ms. Shimeall outlined the proposal related criminal record background checks, often referred to as "Ban the Box." She explained the proposal to create a multiple use credit check and criminal record background check for housing applications. She further discussed the "Ban the Box" proposal, including limiting the amount of time a misdemeanor or felony can be considered regarding a housing application, providing notice of the screening criteria prior to submitting a housing application, and requiring the landlord to provide information about the denial of housing, if based on information discovered from a criminal record background check.





12:31 PM



Senator Martinez Humenik made comments about the proposals, including suggesting that the "Ban the Box" legislation be renamed and specifying how long the multiple use credit and criminal record background check would be valid. Ms. Shimeall answered questions about the proposals. She discussed making certain requirements of housing projects that are funded by the state. In response to a question, Ms. Shimeall discussed the involvement of the Division of Housing in the Department of Local Affairs and other entities in developing the legislative proposals. She further discussed the challenges related to housing application fees and criminal record background checks for certain populations. Senator Martinez Humenik suggested involving Colorado Municipal League and other local governmental entities in developing the legislative proposals. Ms. Shimeall answered questions about the proposals related to housing applications. Committee members dialogued with Ms. Shimeall about the legislative proposals related to housing.





























12:53 PM



Mr. Martinez stated that the Prevention Subcommittee did not have a presentation or any bill proposals for the committee.





12:54 PM -- Request Bill Drafts



Senator Martinez Humenik reviewed the bills ideas discussed throughout the meeting. Mr. Martinez confirmed that Senator Martinez Humenik had identified all of the potential bill concepts being brought forth by the advisory task force. He stated that additional information about the proposals could be provided for bill drafting purposes by September 21.





12:56 PM




Amanda King, Legislative Council Staff, stated that copies of the SOMB white paper had been distributed to the committee members.





12:57PM



The committee members discussed the Competency and Restoration Work Group recommendation concerning definitions related to juvenile competency, similar to House Bill 15-1025.

BILL: Request Bill Drafts
TIME: 12:59:19 PM
MOVED: Martinez Humenik
MOTION: Bill draft addressing Competency and Restoration Work Group recommendation concerning definitions related to juvenile competency, similar to House Bill 15-1025. The motion passed without objection.
SECONDED:
VOTE
Benavidez
Cooke
Fields
Humphrey
Singer
Martinez Humenik
YES: 0 NO: 0 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: Pass Without Objection





















01:00 PM




Mr. Martinez answered questions about the recommendation. He stated that the recommendations that were brought forth by Dr. Fox would be separate bills. Representative Singer was designated at the point person for the bill draft concerning definitions related to juvenile competency.





01:01 PM



Mr. Martinez discussed the recommendations that should be included in the bill draft from the Sex Offender Management Board white paper. The committee members discussed the recommendation.

BILL: Request Bill Drafts
TIME: 01:04:38 PM
MOVED: Martinez Humenik
MOTION: Bill draft concerning the Sex Offender Management Board recommendations - #1, #2, #3, and #4 (c) (iii). Due to Joint Rule 24A. (d) (2.7) (A), no bill draft will be prepared.
SECONDED:
VOTE
Benavidez
Yes
Cooke
No
Fields
No
Humphrey
Excused
Singer
Yes
Martinez Humenik
Yes
YES: 3 NO: 2 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: FAILED



















































01:05 PM



Representative Benavidez was designated as the point person for the bill draft concerning the SOMB recommendations. However, after the meeting it was determined that four members were needed to support the drafting of a bill under Joint Rule 24A. (d) (2.7) (A), because there was only support from three committee members no bill draft will be prepared.

BILL: Request Bill Drafts
TIME: 01:05:48 PM
MOVED: Martinez Humenik
MOTION: Bill draft concerning the Department of Human Services recommendation about involuntary medication. The motion passed without objection.
SECONDED:
VOTE
Benavidez
Cooke
Fields
Humphrey
Singer
Martinez Humenik
YES: 0 NO: 0 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: Pass Without Objection





























































01:06 PM



Senator Fields was designated as the point person for the bill draft concerning involuntary medication.

BILL: Request Bill Drafts
TIME: 01:06:22 PM
MOVED: Martinez Humenik
MOTION: Bill draft concerning the Department of Human Services recommendation concerning clinician determined competency evaluation and restorations. The motion passed without objection.
SECONDED:
VOTE
Benavidez
Cooke
Fields
Humphrey
Singer
Martinez Humenik
YES: 0 NO: 0 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: Pass Without Objection

































































01:06 PM



Senator Cooke was designated as the point person for the bill draft concerning clinician determined competency evaluation and restorations.

BILL: Request Bill Drafts
TIME: 01:07:37 PM
MOVED: Martinez Humenik
MOTION: Bill draft recommendation from the Housing Work Group concerning the extension of the repeal of Senate Bill 17-021. The motion passed without objection.
SECONDED:
VOTE
Benavidez
Cooke
Fields
Humphrey
Singer
Martinez Humenik
YES: 0 NO: 0 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: Pass Without Objection





01:08 PM




Senator Martinez Humenik was designated as the point person on the bill draft concerning an extension of the repeal of Senate Bill 17-021.





















































01:09 PM



Senator Martinez Humenik discussed the Housing Work Group's recommendation concerning "Ban the Box" legislation. She stated she would like a different terminology used in the title for the bill draft. Representative Benavidez made comments about whether the bill would fit under the scope of the oversight committee. The committee members discussed the interim committee bill process.

BILL: Request Bill Drafts
TIME: 01:09:57 PM
MOVED: Martinez Humenik
MOTION: Bill draft concerning recommendation from the Housing Work Group concerning "Ban the Box" legislation. Due to Joint Rule 24A. (d) (2.7) (A), no bill draft will be prepared.
SECONDED:
VOTE
Benavidez
No
Cooke
No
Fields
Yes
Humphrey
Excused
Singer
Yes
Martinez Humenik
Yes
YES: 3 NO: 2 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: FAILED





01:10 PM




Representative Singer was designated as the point person on the bill draft concerning "Ban the Box" legislation. However, after the meeting it was determined that four members were needed to support the drafting of a bill under Joint Rule 24A. (d) (2.7) (A), because there was only support from three committee members no bill draft will be prepared.













































01:11 PM



Ms. King reminded the committee that they are limited to recommending five bills to Legislative Council, but can request more than five bill drafts be prepared for consideration by the oversight committee. Senator Martinez Humenik made comments about the bill approval process.

BILL: Request Bill Drafts
TIME: 01:12:59 PM
MOVED: Martinez Humenik
MOTION: Bill draft concerning recommendations from the Housing Work Group concerning rental application fees and multiple use of credit and record check for multiple applications. The motion passed without objection.
SECONDED:
VOTE
Benavidez
Cooke
Fields
Humphrey
Singer
Martinez Humenik
YES: 0 NO: 0 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: Pass Without Objection





01:13 PM



Senator Fields was designated as the point person for the bill draft concerning rental application fees and multiple use of credit and record check for multiple applications. Senator Martinez Humenik reminded the committee members that any bills that do not receive the support of the committee to be moved forward to Legislative Council can be offered by an individual legislator.













































01:14 PM



Representative Benavidez discussed a bill concept to increase compensation to mental health providers in rural areas that contract with the Department of Corrections and to use tele-psychiatry when appropriate and available. In response to a question, Representative Benavidez said she would be open to including other ways to incentivize mental health providers. The committee members discussed whether the bill proposal should be split into multiple bill drafts. The committee members discussed the bill proposal.

BILL: Request Bill Drafts
TIME: 01:17:06 PM
MOVED: Benavidez
MOTION: Bill draft concerning increasing incentives to rural mental health providers, including increasing compensation to rural health providers who contract with the Department of Corrections and using telemedcine. The motion passed without objection.
SECONDED:
VOTE
Benavidez
Cooke
Fields
Humphrey
Singer
Martinez Humenik
YES: 0 NO: 0 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: Pass Without Objection





01:20 PM



Representative Benavidez was designated as the point person for the bill draft concerning increasing incentives to rural mental health providers.





01:22 PM



Senator Martinez Humenik stated that Dr. Fox would be asked back to address the committee regarding the Mount View Youth Services Center at the committee's November 1 meeting.































01:24 PM -- Public Comment



01:24 PM --
Gina Shimeall, Advisory Task Force Member, stated that the proposals brought forth by Dr. Fox have not discussed by the advisory task force. She stated she had concerns about the proposals.



01:25 PM -- Moses Gur, Colorado Behavioral Healthcare Council, stated the council would support extending Senate Bill 17-021. Senator Martinez Humenik made comments about the intent of Senate Bill 17-021.





01:27 PM



Senator Martinez Humenik made concluding remarks. She stated the next committee meeting will be November 1, but bill drafts need to be finalized by October 11. Ms. King reviewed the process for interim committee bill drafts.





01:28 PM



The committee adjourned.