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j_micjs_2017a_2017-09-18t10:07:49z2 Hearing Summary

Date: 09/18/2017

Location: SCR 352


Restoration and Competency Work Group Update


Votes: View--> Action Taken:
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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.

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