J_MICJS_2016A 08/22/2016 09:08:10 AM Committee Summary
Final
STAFF SUMMARY OF MEETING
COMMITTEE ON TREATMENT OF PERSONS WITH MENTAL ILLNESS IN THE CRIMINAL JUSTICE SYSTEM
| Date: | 08/22/2016 |
ATTENDANCE
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| Time: | 09:08 AM to 04:56 PM |
Humphrey
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X
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Lee
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X
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| Place: | HCR 0112 |
Newell
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X
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Woods
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*
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| This Meeting was called to order by |
Martinez Humenik
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*
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| Representative Singer |
Singer
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X
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| This Report was prepared by | |||
| Amanda King | |||
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X = Present, E = Excused, A = Absent, * = Present after roll call
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| Bills Addressed: | Action Taken: | ||
| Task Force Overview of Recent Activities and Accomplishments Update on Park County Collaborative Management Program Medication Consistency Proposal Data and Information Sharing Subcommittee Update Competency Restoration Subcommittee Update Presentation on Vacant State Buildings Discussion of Future Meeting Dates Public Comment Discussion of Draft Committee Letters Presentation on Juvenile Sex Offender Registry Presentation on State Housing Voucher Programs Housing Subcommittee Update Review of Committee Letters and Request Bill Drafts |
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 Recommendation(s) Approved Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Recommendation(s) Approved |
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09:08 AM -- Task Force Overview of Recent Activities and Accomplishments
Representative Singer called the committee to order. The meeting agenda was distributed to the committee (Attachment A).
16MICJS0822AttachA.pdf
09:10 AM
Camille Harding, Advisory Task Force Chair, introduced herself to the committee. She explained that she had recently accepted a position with the Department of Human Services, and will be working with the department to be re-appointed to the Task Force Concerning the Treatment of Persons with Mental Illness in the Criminal and Juvenile Justice Systems (MICJS) as a representative from the Department of Human Services.
09:12 AM -- Update on Collaborative Management Program
Susie Walton, Advisory Task Force Co-chair, discussed the issue that arose with Park County's Collaborative Management Program application. She explained the concerns about the existing rules related to Collaborative Management Program applications. Ms. Walton provided an update about the recent State Board of Human Services meeting. Ms. Walton stated that Park County is planning to submit a letter to the Department of Human Services requesting partial funding for Park County's Collaborative Management Program. Ms. Walton answered questions about the Collaborative Management Program and the services provided through the program.
09:19 AM
Dr. Robert Werthwein, Department of Human Services, discussed the department's inability to waive rules or retroactively apply rules. He stated the department is open to supporting grant applications that Park County applies for to replace the lost funding. Ms. Walton and Mr. Werthwein answered questions regarding whether there is a need for legislation to allow for an appeals process for the Collaborative Management Program rules. Mr. Werthwein answered questions about multiple county agreements under the Collaborative Management Program.
09:30 AM -- Medication Consistency Proposal
Amanda King, Legislative Council Staff, responded to a question regarding the current status of the advisory task force representatives from the Department of Labor and Employment, Division of Housing in the Department of Local Affairs, and Judicial Branch. A list of current advisory task force members was distributed to the committee (Attachment B).
16MICJS0822AttachB.pdf
09:32 AM
Regina Huerter, Behavioral Health Transformation Council, provided the committee with an information packet (Attachment C). Ms. Huerter explained the history of the medication consistency formulary. She outlined the issues that arise when medications change after a person moves to a different facility. Ms. Huerter discussed the recommended medication formulary developed by the Behavioral Health Transformation Council. She discussed the medication cost issues and existing state purchasing options. She highlighted the need to educate various facilities about purchasing options. Ms. Huerter referenced the importance of data and information sharing with regard to medication consistency.
Attachment C can be viewed at Legislative Council.
09:42 AM
Peggy Heil, Advisory Task Force Member, explained that more would be reported on the grant related to data and information sharing later in the meeting.
09:43 AM
Ms. Huerter reviewed the recommendations of the Medication Consistency Work Group provided in the information packet. Ms. Huerter answered questions about possible legislation related to the medication consistency proposal.
09:55 AM
Jennifer Novotny, Department of Corrections, answered questions about whether the Department of Corrections could assist people with accessing medications in rural parts of the state.
09:57 AM -- Data and Information Sharing Subcommittee Update
Peggy Heil, Advisory Task Force member, provided an update on the Data and Information Sharing Subcommittee. She provided an information packet (Attachment D). Ms. Heil reminded the committee of the Bureau of Justice Assistance Second Chance Act Statewide Adult Recidivism Reduction planning grant to develop a criminal justice health information exchange. She stated that the Bureau of Justice Assistance recently released the implementation grant application guidelines. Ms. Heil stated that the implementation grant requires matching funds from the state. She reviewed the grant timeline and potential funding. She reviewed the information that will be included in the grant application. She discussed the various entities that will be involved in the data and information sharing system that will be developed under the grant.
16MICJS0822AttachD.pdf
10:06 AM
Ms. Heil answered questions about the involvement of problem-solving courts in the data and information sharing systems. She referenced the use of psychiatric advance directive. Ms. Heil answered questions about how the committee could support the grant application. Ms. Heil provided a draft letter of support (Attachment E). The committee discussed the letter of support and possibly reaching out to other legislative committees about supporting the grant application.
16MICJS0822AttachE.pdf
10:14 AM -- Competency Restoration Subcommittee Update
Sheri Danz, Advisory Task Force member, provided the committee with a draft of the essential components of restoration legislation (Attachment F). She provided an overview on the history of the advisory task force's efforts to address juvenile competency restoration and how the subcommittee has expanded its focus to include adults. Ms. Danz reviewed the information in the handout. She stated that the subcommittee has determined that the Office of Behavioral Health in the Department of Human Services should be the responsible entity for the provision of competency restoration services. She stated that legislation and funding will be necessary to implement the recommendations of Competency Restoration Subcommittee. Ms. Danz discussed possibly leveraging existing resources to implement the recommendations and the need to develop appropriate educational components for competency restoration.
16MICJS0822AttachF.pdf
10:24 AM
Ms. Danz answered questions from the committee concerning juvenile competency restoration.
10:28 AM
Tariq Sheikh, Advisory Task Force member, answered questions from the committee concerning juvenile competency restoration. Committee discussion about competency restoration ensued. Ms. Danz responded to questions about the definition of competency for juveniles.
10:36 AM
Karen Knickerbocker, Advisory Task Force member, discussed the issues related to competency restoration for adults. She discussed the lack of funding for adult competency restoration and the need to keep people in the community when accessing services. Ms. Knickerbocker answered questions about the availability of competency restoration providers. Ms. Danz highlighted the recommended duties for the Office of Behavioral Health outlined in the handout. Committee discussion with the presenters about competency restoration ensued.
10:52 AM -- Presentation on Vacant State Buildings
Matt Becker, Legislative Council Staff, provided a memorandum concerning state-owned vacant buildings (Attachment G). He provided an overview of the Capital Development Committee and the reporting requirements related to state-owned vacant buildings. He explained the status of the vacant buildings outlined in Table 2 of the memorandum. Mr. Becker answered questions about why certain buildings are slated for demolition and whether any of the buildings could be used for housing for persons with mental illness who are involved in the criminal justice systems. Committee discussion about vacant buildings ensued.
16MICJS0822AttachG.pdf
11:04 AM
Lauren Lambert Schreier, Department of Human Services, discussed Senate Bill 16-178, which requires the Department of Human Services to sell the Grand Junction Regional Center by 2018. She referenced the work of the Regional Center Task Force and the various entities that were involved in Senate Bill 16-178. She discussed the cost-effectiveness of repurposing the buildings or selling the campus to another state entity. Mr. Becker answered questions about the vacant state-owned buildings listed in the memorandum. Kori Donaldson, Legislative Council Staff, discussed the master planning process that the Department of Human Services is currently undergoing. She referenced an upcoming presentation in December to the Capital Development Committee by the Department of Human Services and the Office of the State Architect. Ms. Donaldson answered questions about how the MICJS Legislative Oversight Committee could engage with the Capital Development Committee regarding repurposing vacant state-owned buildings to provide housing for persons with mental illness who are involved in the criminal justice system. Ms. Schreier discussed the master planning the Department of Human Services is currently undergoing.
11:23 AM -- Discussion of Future Meeting Dates
Representative Singer stated that the next MICJS Task Force meeting is scheduled for September 15. Amanda King, Legislative Council Staff, discussed the interim committee bill deadlines. The committee members discussed potential meeting dates at the end of September and beginning of October. The committee determined that the next committee meeting would be on October 5 at 1:30 p.m.
11:23 AM -- Public Comment
Gina Shimeall who serves on the MICJS Task Force testified before the committee as a private citizen. She discussed specialty courts, vacant state-owned buildings, and zoning issues that arise when establishing housing facilities for persons with mental illness who have been involved in the criminal and juvenile justice systems. Committee discussion with Ms. Shimeall about zoning ensued.
11:39 AM -- Discussion of Draft Committee Letters
Senator Newell discussed preparing a letter to the Joint Technology Committee and Joint Budget Committee regarding the the MICJS Task Force's Data and Information Sharing Subcommittee's Bureau of Justice Assistance grant application. Committee discussion about the letter ensued. The committee discussed the draft letter of support to the Bureau of Justice Assistance for the grant application (Attachment E). The committee tabled discussion of the letter of support for the grant application until later in the meeting.
The committee discussed sending a letter to the Capital Development Committee regarding repurposing state-owned vacant buildings for housing for person with mental illness who are involved in the criminal justice system.
| BILL: | Draft Letters | |
| TIME: | 11:46:12 AM | |
| MOVED: | Newell | |
| MOTION: | Requested a letter be drafted to the Capital Development Committee asking them to consider possible housing options for persons with mental illness who are involved in the criminal justice system when reviewing information related to state-owned vacant buildings. The motion passed without objection. | |
| SECONDED: | Singer | |
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VOTE
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Humphrey
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Lee
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Newell
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Woods
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Excused
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Martinez Humenik
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Singer
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YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
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11:47 AM
The committee recessed until 1:30 p.m.
01:33 PM -- Presentation on Juvenile Sex Offender Registry
Representative Singer called the committee back to order. Stacie Nelson Colling, Office of the Alternate Defense Counsel, provided four handouts to the committee (Attachment H, Attachment I, Attachment J, and Attachment K). She discussed the juvenile sex offender registry. She stated that research shows that registration does not reduce recidivism or increase public safety. She outlined those people who can access the juvenile sex offender registry. Ms. Nelson Colling discussed the federal Sex Offender Registration and Notification Act (SORNA).
16MICJS0822AttachH.pdf 16MICJS0822AttachI.pdf
16MICJS0822AttachJ.pdf 16MICJS0822AttachK.pdf
01:39 PM
Ms. Nelson Colling and Raechel Alderate, Department of Public Safety, answered questions regarding the juvenile sex offender registry and federal funding related to SORNA.
01:43 PM
Tom Leversee, representing himself, answered questions from the committee about the juvenile sex offender registry.
01:44 PM
Ms. Alderate and Ms. Nelson Colling answered questions about the crimes that may result in a juvenile being required to register on the juvenile sex offender registry. The committee discussed with the presenters the minimum age at which a juvenile may be required to register on the juvenile sex offender registry, other states' juvenile sex offender registries, and accessing the juvenile sex offender registry. Ms. Alderate answered questions about the juvenile sex offender registry and travel notification requirements.
01:57 PM
Mr. Leversee answered questions about the required treatment for juvenile sex offenders. Ms. Nelson Colling answered questions about the notification juveniles receive if they are eligible to petition to be removed from the juvenile sex offender registry. Committee discussion with the panelists about the juvenile sex offender registry ensued.
02:16 PM -- State Housing Voucher Programs Presentation
Derek Blake and Trevor Williams, Department of Human Services, and Alison George and Kristin Toombs, Department of Local Affairs, introduced themselves to the committee. Mr. Williams discussed the Chafee Foster Care Independence Program and stated that the program does not administer housing vouchers.
02:19 PM
Ms. George provided two handouts to the committee (Attachment L and Attachment M). She discussed the federal requirements related to the housing vouchers, including the Family Unification Program. She discussed the C-SCHARP Program that provides two years of rental assistance to persons exiting prison into homelessness with dual diagnoses. She stated that the program is limited to 30 participants. Ms. George discussed the State Housing Voucher Program, which is focused on people leaving the state mental health institutes. She stated that the Mental Health Vouchers Program has served 198 people.
16MICJS0822AttachL.pdf 16MICJS0822AttachM.pdf
02:26 PM
Ms. George answered questions about the State Housing Voucher Program and the populations served through program. Committee discussion with Ms. George about the administration of vouchers through the department ensued. She stated shared statistics related to housing vouchers waiting lists. Ms. George discussed the need to build additional housing, expanding vouchers, and providing wrap-around services. Committee discussion about the needs for housing in Colorado continued. Ms. George referenced the department's administrative plan on its website. Ms. George answered questions about state-owned vacant buildings.
02:49 PM
Mr. Williams discussed the Chaffee Foster Care Independence Program and how youth access housing vouchers. Ms. Toombs stated that all of the vouchers are issued, but recipients may have difficulty finding landlords who will accept the vouchers. Ms. George discussed recent federal changes concerning the voucher programs.
02:54 PM -- Housing Subcommittee Update
Kathy McGuire, Advisory Task Force member, provided three handouts to the committee (Attachment N, Attachment O, and Attachment P). Ms. McGuire discussed the draft concept paper prepared by the advisory task force's Housing Subcommittee. Ms. McGuire added that the Housing Subcommittee is exploring resources for populations who are not eligible for the state's housing voucher programs. She highlighted the possible legislative changes, policy changes, and programmatic changes that may be needed to provide housing vouchers to various populations who are not currently eligible.
16MICJS0822AttachN.pdf 16MICJS0822AttachO.pdf
16MICJS0822AttachP.pdf
03:02 PM
Gina Shimeall, Advisory Task Force member, discussed the need for additional vouchers for persons with mental illness who are involved in the criminal justice system. She discussed issues related to community corrections. Ms. McGuire and Ms. Shimeall answered questions about possibly engaging the Joint Budget Committee in the Housing Subcommittee's efforts. Committee discussion with Ms. Shimeall about housing authorities and housing vouchers ensued.
03:20 PM
Ms. George discussed the number of people with disability status who receive vouchers. Ms. Shimeall discussed how expanding the current voucher programs could assist people with disabilities. Ms. George discussed how housing authorities set priorities. Ms. Shimeall discussed prior legislative efforts regarding zoning issues. Committee discussion with Ms. Shimeall and Ms. George about housing ensued.
03:36 PM -- Review of Committee Letters and Request Bill Drafts
Jane Ritter, Office of Legislative Legal Services, answered questions about submitting bill titles. She provided a handout to the committee regarding the interim committee bill deadlines (Attachment Q).
16MICJS0822AttachQ.pdf
03:40 PM
Senator Newell discussed sending a letter to Joint Budget Committee and Joint Technology Committee asking for support of the Bureau of Justice Assistance grant application for the development of a criminal justice health information system exchange (Attachment E). The committee discussed the draft letter of support and recommended changes to the language of the letter. Ms. Heil answered questions about the draft letter.
| BILL: | Review of Committee Letters and Request Bill Draft | |
| TIME: | 03:44:27 PM | |
| MOVED: | Newell | |
| MOTION: | Requested that the revised draft letter of support be sent on behalf of the MICJS Legislative Oversight Committee (Attachment E). The motion passed without objection. | |
| SECONDED: | Singer | |
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VOTE
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Humphrey
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Lee
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Newell
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Woods
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Martinez Humenik
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Singer
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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03:47 PM
Representative Singer further discussed sending a letter to the Joint Budget Committee and Joint Technology Committee. Ms. King discussed the timeframe for submitting the letter to Ms. Heil. It was determined that Representative Singer and Senator Martinez Humenik would contact the members of the Joint Budget Committee and Joint Technology Committee concerning supporting the grant application.
03:50 PM
Ms. King discussed the letter to the Chief Justice regarding training on management plans (Attachment R). The committee discussed the draft letter. Ms. King responding to questions about the draft letter.
16MICJS0822AttachR.pdf
03:57 PM
Sherry Stwalley, Office of the State Court Administrator, discussed the judicial trainings that occur throughout the year.
| BILL: | Review of Committee Letters and Request Bill Draft | |
| TIME: | 03:58:45 PM | |
| MOVED: | Singer | |
| MOTION: | Requested that the draft letter be sent to the Chief Justice (Attachment R). The motion passed without objection. | |
| SECONDED: | Martinez Humenik | |
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VOTE
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Humphrey
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Lee
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Newell
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Woods
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Martinez Humenik
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Singer
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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03:59 PM
Representative Singer discussed the draft letter concerning the Collaborative Management Program (Attachment S). Representative Singer said that action on the letter would be taken at the end of the meeting to allow Ms. Walton to review the letter.
16MICJS0822AttachS.pdf
04:01 PM
Senator Newell discussed requesting a bill concerning the appeals process for the Collaborative Management Program. The committee discussed establishing an appeal process for a decision of the Department of Human Services based on administrative rules. Ms. Ritter discussed the Administrative Procedures Act and the elements that would potentially be included in the bill. Representative Singer referenced House Bill 15-1202, concerning the ability of a licensing authority to reissue expired alcohol beverage licenses. The committee discussed the circumstances that would trigger an extension or appeals process. Ms. Ritter discussed the rule review process of the Office of Legislative Legal Services. Committee discussion about the potential bill concerning an appeals process for decisions by the Department of Human Services ensued.
| BILL: | Review of Committee Letters and Request Bill Draft | |
| TIME: | 04:22:24 PM | |
| MOVED: | Singer | |
| MOTION: | Draft a bill concerning the creation of an appeals or extension process for technical errors or extenuating circumstances in grant applications within the Department of Human Services, unless research by the Office of Legislative Legal Services identifies an existing appeals process. The motion passed without objection. | |
| SECONDED: | Woods | |
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VOTE
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Humphrey
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Lee
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Newell
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Woods
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Martinez Humenik
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Singer
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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04:26 PM
Ms. King stated the committee may recommend up to five bills or other measures to the Legislative Council. She discussed the letter requested at the July 20 committee meeting concerning providing staffing to the MICJS Task Force. Ms. King stated that legislative staff determined that such a request would best be addressed through legislation, rather than a letter. Committee discussion about legislation to provide staffing to the advisory task force ensued.
| BILL: | Review of Committee Letters and Request Bill Draft | |
| TIME: | 04:26:17 PM | |
| MOVED: | Newell | |
| MOTION: | Draft a bill to provide staffing for MICJS Task Force. The motion passed without objection. | |
| SECONDED: | Singer | |
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VOTE
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Humphrey
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Lee
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Newell
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Woods
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Martinez Humenik
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Singer
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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04:27 PM
Senator Newell discussed drafting legislation implementing the recommendations of the Medication Consistency Work Group of the Behavioral Health Transformation Council (Attachment C).
| BILL: | Review of Committee Letters and Request Bill Draft | |
| TIME: | 04:30:19 PM | |
| MOVED: | Newell | |
| MOTION: | Draft a bill implementing the recommendations of the Medication Consistency Work Group of the Behavioral Health Transformation Council (Attachment C). The motion passed without objection. | |
| SECONDED: | Singer | |
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VOTE
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Humphrey
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Lee
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Newell
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Woods
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Martinez Humenik
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Singer
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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04:31 PM
Senator Newell discussed drafting legislation to implement the recommendations of the Competency Restoration Subcommittee of the MICJS Task Force (Attachment F).
| BILL: | Review of Committee Letters and Request Bill Draft | |
| TIME: | 04:34:04 PM | |
| MOVED: | Newell | |
| MOTION: | Draft a bill to implement the recommendations of the Competency Restoration Subcommittee of the MICJS Task Force (Attachment F). The motion passed without objection. | |
| SECONDED: | Singer | |
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VOTE
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Humphrey
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Lee
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Newell
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Woods
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Martinez Humenik
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Singer
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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04:34 PM
Senator Newell discussed drafting legislation to implement the recommendations related to housing vouchers of the Housing Subcommittee for the MICJS Task Force (Attachment N).
| BILL: | Review of Committee Letters and Request Bill Draft | |
| TIME: | 04:37:03 PM | |
| MOVED: | Newell | |
| MOTION: | Draft a bill to implement the recommendations related to housing vouchers of the Housing Subcommittee for the MICJS Task Force (Attachment N). The motion passed without objection. | |
| SECONDED: | Singer | |
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VOTE
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Humphrey
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Lee
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Newell
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Woods
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Martinez Humenik
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Singer
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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04:38 PM
Senator Woods discussed drafting legislation related to the juvenile sex offender registry, including keeping the registry confidential. Senator Newell suggested excluding juveniles who are under the age of 14 from the registry. Representative Lee suggested including an automatic termination from the registry after the completion of any sentence for a crime that required the juvenile to register as a sex offender. Representative Lee also discussed including a provision related to private companies that report information reflected on the juvenile sex offender registry. The committee discussed possibly dividing the concepts into two bills.
| BILL: | Review of Committee Letters and Request Bill Draft | |
| TIME: | 04:38:23 PM | |
| MOVED: | Woods | |
| MOTION: | Draft a bill concerning removing a juvenile from the juvenile sex offender registry after he or she has meet any treatment and legal requirements. The motion passed without objection. | |
| SECONDED: | Martinez Humenik | |
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VOTE
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Humphrey
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Lee
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Newell
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Woods
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Martinez Humenik
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Singer
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | Review of Committee Letters and Request Bill Draft | |
| TIME: | 04:45:23 PM | |
| MOVED: | Woods | |
| MOTION: | Draft a bill implementing the recommendations concerning the juvenile sex offender registry from the Office of the Alternate Defense Counsel (Attachment H). The motion passed without objection. | |
| SECONDED: | Martinez Humenik | |
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VOTE
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Humphrey
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Lee
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Newell
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Woods
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Martinez Humenik
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Singer
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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04:46 PM
Ms. Walton discussed the letter that had been drafted to the State Board of Human Services concerning Park County's application for the Collaborative Management Program (Attachment S). Ms. Walton suggested a revision to the letter. The committee dialogued with Ms. Walton about the letter. In response to questions from the committee, Ms. Ritter discussed the Administrative Procedures Act and rule review process.
| BILL: | Review of Committee Letters and Request Bill Draft | |
| TIME: | 04:54:31 PM | |
| MOVED: | Singer | |
| MOTION: | Request that the revised draft letter to the State Board of Human Services (Attachment S). The motion passed without objection. | |
| SECONDED: | Martinez Humenik | |
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VOTE
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Humphrey
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Lee
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Newell
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Woods
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Martinez Humenik
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Singer
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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04:56 PM
The committee adjourned.