J_MICJS_2016A 10/05/2016 01:38:08 PM Committee Summary
Final
STAFF SUMMARY OF MEETING
COMMITTEE ON TREATMENT OF PERSONS WITH MENTAL ILLNESS IN THE CRIMINAL JUSTICE SYSTEM
| Date: | 10/05/2016 |
ATTENDANCE
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| Time: | 01:38 PM to 05:17 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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X
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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: | ||
| Update of Advisory Task Force Recent Activities Discussion of Draft Letter to Capital Development Committee Final Action on Draft Bills |
Witness Testimony and/or Committee Discussion Only Recommendation(s) Approved Recommendation(s) Approved |
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01:38 PM -- Update of Advisory Task Force Recent Activities
Representative Singer called the meeting to order. A meeting agenda was distributed (Attachment A).
16MICJS1005AttachmentA.pdf
Camille Harding, Advisory Task Force Chair, provided an update to the committee on the Task Force Concerning the Treatment of Persons with Mental Illness in the Criminal and Juvenile Justice Systems (MICJS). She discussed the recent appointments to and current vacancies on the task force. A task force membership list was distributed (Attachment B). Ms. Harding stated that the grant to implement a statewide, electronic, criminal justice health information exchange was not awarded to the Department of Public Safety. She stated that the Data and Information Sharing Subcommittee, along with the Department of Public Safety, would continue to look for funding for the health information exchange. Ms. Harding answered questions about why the grant was not awarded to the Department of Public Safety. In response to a question, Ms. Harding said she did not have an update on the Park County Collaborative Management Program funding.
16MICJS1005AttachmentB.pdf
01:42 PM -- Discussion of Draft Letter to Capital Development Committee
The committee reviewed the draft letter to Capital Development Committee concerning vacant buildings (Attachment C). Representative Singer laid over action on the letter until later in the meeting.
16MICJS1005AttachmentC.pdf
01:43 PM -- Final Action on Draft Bills
Representative Singer provided an overview of the bill process for the committee. He stated that there would be discussion of the six draft bills and then the votes on the bills would occur. Copies of Bill 1 through Bill 6 and the associated fiscal notes were distributed to the committee (Attachments D to O).
16MICJS1005AttachmentD.pdf 16MICJS1005AttachmentE.pdf
16MICJS1005AttachmentF.pdf 16MICJS1005AttachmentG.pdf
16MICJS1005AttachmentH.pdf 16MICJS1005AttachmentI.pdf
16MICJS1005AttachmentJ.pdf 16MICJS1005AttachmentK.pdf
16MICJS1005AttachmentL.pdf 16MICJS1005AttachmentM.pdf
16MICJS1005AttachmentN.pdf 16MICJS1005AttachmentO.pdf
- Bill 1 concerns ongoing staffing for the MICJS Task Force;
- Bill 2 concerns increasing medication consistency for persons with mental illness in the criminal and juvenile justice systems;
- Bill 3 concerns competency restoration services for defendants deemed incompetent to proceed;
- Bill 4 concerns services for persons with mental illness in the criminal justice system;
- Bill 5 concerns removing a juvenile sex offender from sex offender registries upon the completion of his or her sentence; and
- Bill 6 concerns excluding from the Colorado Sex Offender Registry those offenders whose offenses occurred before the offenders were fourteen years of age.
Ms. Harding discussed the bill drafts. She stated that the MICJS Task Force members voiced no objections to Bill 1. She said that Bill 2 was primarily proposed by the Behavioral Health Transformation Council. She discussed possible changes to Bill 2. A letter from the Colorado Behavioral Healthcare Council was distributed to the committee (Attachment P).
16MICJS1005AttachmentP.pdf
01:49 PM -- Jack Wylie, Department of Personnel and Administration, testified on Bill 2.
01:51 PM -- Lauren Lambert Schreier, Department of Human Services, testified on Bill 2 and amendments 1 and 2 to Bill 2 (Attachments Q and R).
16MICJS1005AttachmentQ.pdf 16MICJS1005AttachmentR.pdf
01:53 PM
Ms. Harding commented on amendment 2. Committee discussion with Mr. Wylie and Ms. Schreier occurred. Ms. Schreier answered questions about the number of FTE currently employed by the Department of Human Services. Committee discussion with Ms. Harding about the bill ensued.
02:01 PM
Bill Zepernick, Legislative Council Staff, explained information contained in the fiscal note for Bill 2. Mr. Zepernick answered questions about the fiscal note.
02:06 PM
Ms. Harding discussed the work that the Behavioral Health Transformation Council had done regarding medication consistency and the issues that occur when medication is not consistent. Committee discussion about Bill 2 ensued. Ms. Harding responded to comments from the committee about the potential cost-savings that could be realized through the bill. The committee discussed adding a SMART Government Act reporting requirement to the bill.
02:17 PM
Ms. Harding discussed Bill 3, and stated that there was support for Bill 3 by the task force members.
02:19 PM -- Sheri Danz, Advisory Task Force member, answered questions from the committee about Bill 3 and the fiscal note for the bill. She explained the history of the bill and the research that the task force had conducted on juvenile competency restoration in other states. Ms. Danz answered questions about the services provided through the Office of Child's Representatives and the existing curriculum for competency restoration.
02:26 PM -- Karen Knickerbocker, Advisory Task Force member, discussed Bill 3. She referenced the recent Colorado Summit on Behavioral Health and Criminal Justice held by the Equitas Foundation. There was discussion about the terms outpatient services and out-of-custody services. Ms. Knickerbocker discussed the fiscal note for Bill 3 and the wait time to receive services through the Colorado Mental Health Institute at Pueblo. She discussed the potential cost-savings that could occur under the bill. Ms. Knickerbocker answered questions about what private restoration services generally cost.
02:38 PM -- Timothy Lane, Colorado District Attorney's Council, testified on the Bill 3. He stated that his organization supports Bill 3. Mr. Lane discussed the information contained in the fiscal note for the bill. Mr. Lane answered questions from the committee.
02:42 PM
Committee discussion with Ms. Danz about the fiscal note for the bill ensued.
02:44 PM
Kerry White, Legislative Council Staff, answered questions about the fiscal note for Bill 3.
02:49 PM
Committee discussion about Bill 3 and competency restoration with Ms. Knickerbocker ensued. Ms. White answered additional questions about the information contained in the fiscal note for Bill 3. Ms. Knickerbocker answered questions about lawsuits related to competency evaluations. Committee discussion about the fiscal note for Bill 3 ensued.
03:07 PM
Jennifer Longtin, co-chair of the Advisory Task Force's Housing Subcommittee, discussed Bill 4 and existing housing voucher programs.
03:10 PM
Mr. Zepernick answered questions about the fiscal note for Bill 4. Ms. Longtin discussed the reverted funds from the appropriations for community corrections reflected in the fiscal note. Committee discussion with Mr. Zepernick and Ms. Longtin about the fiscal note ensued.
03:15 PM -- Gabby Reid, Department of Public Safety, answered questions about reverted funds from the appropriations for community corrections.
03:19 PM
Ms. Longtin discussed the Housing First Program and data related to potential cost savings associated with the program. Ms. Reid discussed community corrections programs. Mr. Zepernick answered additional questions about the fiscal note.
03:23 PM
Ms. Harding discussed Bill 5 and Bill 6. She stated that there was not overwhelming consensus from the task force members to support the two bills. She stated that there was concern about whether the bills fit under the charge of the task force. Ms. Harding answered questions about the task force's position on the six bills and the task force's process related to bring forth bills. Committee discussion with Ms. Harding about Bill 5 and Bill 6 ensued. An e-mail from Dale Ann Jenkins concerning Bill 5 and Bill 6 was distributed to the committee (Attachment S).
03:37 PM -- Timothy Lane, Colorado District Attorneys' Council, testified on Bill 5 and Bill 6. He expressed his concerns about the bills. The committee dialogued with Mr. Lane about the juvenile sex offender registry.
03:51 PM -- Sterling Harris, Colorado Association for Victim Assistance, testified on Bill 5 and Bill 6. She expressed her concerns about the bills. Ms. Harris answered questions from the committee about the juvenile sex offender registry and the victims of sex offenses.
04:09 PM -- Annemarie Jensen, Colorado Coalition Against Sexual Abuse and Colorado Association of Chiefs of Police, testified on Bill 5 and Bill 6. She expressed concerns about the bills. She discussed the juvenile sex offender registry and victims' rights laws.
04:17 PM
Ms. Jensen and Mr. Lane answered questions about the petition process for removing a juvenile from the juvenile sex offender registry. Committee discussion about Bill 5 and Bill 6 with the witnesses ensued.
04:21 PM
Richard Sweetman, Office of Legislative Legal Services, answered questions about Bill 5.
04:24 PM -- Laurie Rose Kepros, Office of the State Public Defender, testified on Bill 5 and Bill 6. She discussed the juvenile sex offender registry. She discussed the costs related to treatment. Ms. Kepros answered questions from the committee about her position on Bill 5 and Bill 6.
04:41 PM
Representative Singer discussed the draft letter to Capital Development Committee concerning vacant buildings. Senator Woods asked that a typographical error in the letter be corrected.
| BILL: | Final Action on Draft Bills | |
| TIME: | 04:42:27 PM | |
| MOVED: | Woods | |
| MOTION: | Moved to send the letter concerning vacant buildings to the Capital Development Committee (Attachment C). The motion passed without objection. | |
| SECONDED: | Lee | |
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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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04:43 PM
The committee discussed the bill drafts.
| BILL: | Final Action on Draft Bills | |
| TIME: | 04:46:37 PM | |
| MOVED: | Newell | |
| MOTION: | Moved to refer Bill 1 to the Legislative Council Committee (Attachment D). The motion passed on a vote of 5-1. | |
| SECONDED: | Lee | |
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VOTE
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Humphrey
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No
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Lee
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Yes
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Newell
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Yes
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Woods
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Yes
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Martinez Humenik
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Yes
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Singer
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Yes
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YES: 5 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
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| BILL: | Final Action on Draft Bills | |
| TIME: | 04:47:36 PM | |
| MOVED: | Singer | |
| MOTION: | Moved to have a safety clause on Bill 1. The motion failed on a 3-3 vote. | |
| SECONDED: | Newell | |
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VOTE
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Humphrey
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No
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Lee
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Yes
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Newell
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Yes
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Woods
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No
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Martinez Humenik
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No
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Singer
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Yes
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YES: 3 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: TIE
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| BILL: | Final Action on Draft Bills | |
| TIME: | 04:51:40 PM | |
| MOVED: | Singer | |
| MOTION: | Moved to adopt amendment 1 to Bill 2 (Attachment Q). The motion passed without objection. | |
| SECONDED: | Lee | |
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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: | Final Action on Draft Bills | |
| TIME: | 04:52:03 PM | |
| MOVED: | Singer | |
| MOTION: | Moved to adopt amendment 2 to Bill 2 (Attachment R). The motion passed without objection. | |
| SECONDED: | Lee | |
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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: | Final Action on Draft Bills | |
| TIME: | 04:52:40 PM | |
| MOVED: | Martinez Humenik | |
| MOTION: | Moved a conceptual amendment to include a report during the SMART Government Act hearings of the Health and Judicial committees. 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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| BILL: | Final Action on Draft Bills | |
| TIME: | 04:54:48 PM | |
| MOVED: | Singer | |
| MOTION: | Moved to refer Bill 2, as amended, to the Legislative Council Committee (Attachment F). The motion passed on a vote of 5-1. | |
| SECONDED: | Martinez Humenik | |
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VOTE
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Humphrey
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No
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Lee
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Yes
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Newell
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Yes
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Woods
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Yes
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Martinez Humenik
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Yes
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Singer
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Yes
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YES: 5 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
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| BILL: | Final Action on Draft Bills | |
| TIME: | 04:57:18 PM | |
| MOVED: | Newell | |
| MOTION: | Moved to have a safety clause on Bill 2. The motion failed on a 3-3 vote. | |
| SECONDED: | Lee | |
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VOTE
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Humphrey
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No
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Lee
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Yes
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Newell
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Yes
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Woods
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No
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Martinez Humenik
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No
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Singer
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Yes
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YES: 3 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: TIE
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| BILL: | Final Action on Draft Bills | |
| TIME: | 04:58:30 PM | |
| MOVED: | Martinez Humenik | |
| MOTION: | Moved to refer Bill 3 to the Committee on Legislative Council (Attachment H). The motion passed on a vote of 5-1. | |
| SECONDED: | Newell | |
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VOTE
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Humphrey
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No
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Lee
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Yes
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Newell
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Yes
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Woods
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Yes
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Martinez Humenik
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Yes
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Singer
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Yes
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YES: 5 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
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05:02 PM
The committee discussed Bill 4.
05:04 PM
Jerry Barry, Office of Legislative Legal Services, answered questions about amending the title for Bill 4.
| BILL: | Final Action on Draft Bills | |
| TIME: | 05:04:52 PM | |
| MOVED: | Martinez Humenik | |
| MOTION: | Moved to amend the title to add "reentry" before "services" on line 101. 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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| BILL: | Final Action on Draft Bills | |
| TIME: | 05:06:02 PM | |
| MOVED: | Woods | |
| MOTION: | Moved to refer Bill 4, as amended, to the Legislative Council Committee (Attachment J). The motion passed on a vote of 5-1. | |
| SECONDED: | Newell | |
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VOTE
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Humphrey
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No
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Lee
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Yes
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Newell
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Yes
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Woods
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Yes
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Martinez Humenik
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Yes
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Singer
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Yes
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YES: 5 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
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| BILL: | Final Action on Draft Bills | |
| TIME: | 05:09:43 PM | |
| MOVED: | Newell | |
| MOTION: | Moved to refer Bill 5 to the Legislative Council Committee (Attachment L). The motion failed on a vote of 2-4. | |
| SECONDED: | Lee | |
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VOTE
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Humphrey
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No
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Lee
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Yes
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Newell
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Yes
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Woods
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No
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Martinez Humenik
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No
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Singer
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No
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YES: 2 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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05:15 PM
No action was taken on Bill 6. Representative Singer discussed continuing to work on issues related to the juvenile sex offender registry. Committee members made concluding remarks.
05:17 PM
The committee adjourned.