h_jud_2016a_2016-04-21t14:06:19z4 Hearing Summary

Date: 04/21/2016

06:18 PM -- HB16-1328



Representatives Lee and McCann, co-prime sponsors, presented House Bill 16-1328, concerning statutory provisions related to the use of seclusion on individuals. Representative Lee explained the effect of the bill, as amended by L.002 (Attachment E), a strike-below amendment, and discussed the need for the legislation. Representative Lee also provided background on the Division of Youth Corrections (DYC) and its restraint and seclusion policies. Representative Lee discussed the genesis of the legislation. Representative McCann provided additional input on the bill.



16HouseJud0421AttachE.pdf



06:34 PM



Representative Lee provided an overview of amendment L.002. Representative Lee responded to questions regarding stakeholder knowledge of the amendment and the scope of the problems to be addressed by the bill. Representative Lee responded to further questions regarding the efficacy of certain policies adopted by DYC, and the veracity of certain statements made by DYC.





06:57 PM



Representative Lee responded to questions regarding the need to create statutory policy governing restraint and seclusion in youth corrections facilities, and explained the definitions of certain terms. Discussion ensued regarding a provision in the bill that prohibits the use of seclusion on an inmate for the purposes of protection. The following persons testified regarding HB 16-1328:



07:04 PM -- Ms. Nikki Hatch, representing the Department of Human Services, along with Dr. Robert Werthwein and Mr. Charles Parkins, testified in opposition to the bill. Committee members received some information about the bill, provided by the department (Attachment F). Ms. Hatch discussed the seclusion policies employed by DYC, and explained why the bill would be detrimental to the those confined to DYC facilities. She also discussed the services provided to youth in the facilities, and the reasons why seclusion is used.



16HouseJud0421AttachF.pdf



07:14 PM



Ms. Hatch discussed statistics maintained by DYC and made available to the public, and explained how DYC policies are working. Ms. Hatch discussed the fiscal impact of the bill. Ms. Hatch responded to questions regarding the actions DYC could undertake under current law that it could not take if HB 16-1328 were passed.





07:26 PM



Ms. Hatch and Dr. Werthwein responded to questions regarding the admission of violation of policy by DYC after press reports about its policies. Dr. Werthwein responded to questions regarding the current use of restraint and seclusion by DYC. Mr. Parkins responded to questions about other practices in use by DYC. Ms. Hatch responded to questions regarding what practices are allowed under HB 16-1328, and how the bill may preclude best practices.





07:40 PM



Ms. Hatch responded to questions regarding a provision in the bill that establishes a working group on seclusion-related issues, and data collection requirements in the bill. Ms. Hatch responded to further questions regarding the ability to access certain information pertaining to the DYC. Discussion ensued regarding certain features in DYC facilities, and documentation associated with seclusion. Discussion followed regarding the definition of certain terms. Discussion returned to record-keeping practices in DYC facilities.





08:02 PM



Discussion returned to reporting requirements at DYC facilities and under the bill. Discussion followed regarding administrative seclusion.



08:09 PM -- Ms. Antoinette Salas, representing herself, testified in support of the bill Ms. Salas recounted the use of seclusion on her child in a DYC facility, and the effect this practice had on her child. Ms. Salas responded to questions regarding how her son is currently handled, and communication with the parents on the use of seclusion.



08:16 PM -- Ms. Elise Logemann, representing the Colorado Juvenile Defender Center, testified in support of the bill. Ms. Logemann discussed the need to establish youth seclusion policies in state law, and addressed questions raised during earlier discussion. She discussed the merits of the legislation. Ms. Logemann responded to questions regarding policies adopted by DYC pertaining to seclusion, and the differences between DYC policies and those required by the bill. Discussion returned to record-keeping policies associated with seclusion at DYC.





08:32 PM



Ms. Logemann responded to questions regarding how her organization handles complaints about DYC activities, and DYC staff during emergency situations. Discussion ensued regarding how to improve the DYC complaint process, and assertions by DYC representatives that the bill will harm the youth under its charge. Ms. Logemann responded to questions regarding trends in oversight at DYC. Discussion returned to the complaint process associated with DYC practices and potential abuses.





08:47 PM



Discussion ensued regarding the charge of the working group created by the bill.



08:47 PM -- Ms. Nicole Miera, representing herself, testified in support of HB 16-1328. Ms. Miera recounted her brother's seclusion by Denver County, and the effect of the practice on her brother.



08:52 PM -- Mr. Mark Ivandick, representing Disability Law Colorado, testified in support of the bill. Mr. Ivandick discussed the harmful aspects of seclusion, and provided background on practices undertaken by DYC over the years, as well as at present. Mr. Ivandick responded to questions regarding the policy guidance provided by the bill.



09:01 PM -- Ms. Ivy Palu, representing the Office of the State Public Defender, testified in support of HB 16-1328. Ms. Palu discussed the connection between poor behavior in youth and the use of seclusion, using anecdotes to illustrate this connection. Ms. Palu responded to questions regarding DYC's policy governing when a youth may be put in seclusion.



09:06 PM -- Ms. Jennifer Hill, representing the Colorado Mental Wellness Network and the National Alliance on Mental Illness, testified in support of the bill. Ms. Hill recounted her experience with seclusion as a youth, and the effect the seclusion has had on her.



09:12 PM -- Ms. Meghan Baker, representing herself as a guardian ad litem, testified in support of the bill. She recounted her experiences of working with youth who have been confined to seclusion.



09:17 PM -- Ms. Mary Kay Brannan and Ms. Betty Oval, representing themselves, testified in support of the bill. Ms. Brannan discussed factors that contribute to bad behaviors in youth, and the needs of youth.



09:24 PM -- Ms. Brooke Silverthorn, representing the National Association of Counsel for Children, testified in support of HB 16-1328. She spoke in support of banning solitary confinement, and discussed developments on the use of seclusion for youth in other states. Ms. Silverthorn responded to questions regarding how to handle youth acting in violent and dangerous manners, and the effectiveness of the bill in limiting the use of seclusion.



09:35 PM -- Ms. Carla Bennett, representing the League of Women Voters, testified in support of the bill. Ms. Bennett explained that institutions confining youth have an obligation to promote the well-being of their charges, and discussed the need for enhanced transparency and oversight with respect to the use of seclusion.



09:40 PM -- Ms. Jenifer Stinson, representing herself as a juvenile defense attorney, testified in support of the bill. She related her experiences in representing youth who have been placed in seclusion, and the reported effects of seclusion. Ms. Stinson responded to questions regarding the facilities that held the youth she represented.



09:45 PM -- Dr. Dorie Glover, representing herself, testified in support of the bill. Dr. Glover provided a scholarly overview of the use of aversive techniques.



09:51 PM -- Ms. Tricia Murphy, representing herself, testified in support of HB 16-1328. Ms. Murphy discussed the costs associated with the use of solitary confinement.



09:54 PM -- Dr. Kathleen Hynes, representing the ACLU, testified in support of the bill. Dr. Hynes discussed data associated with the use of seclusion. Dr. Hynes responded to questions regarding why youth detention facilities are allowed to use seclusion techniques, while parents might be in trouble with the state should they use similar techniques.



10:01 PM -- Ms. Denise Maes and Ms. Rebecca Wallace, representing the ACLU, testified in support of the bill. Ms. Maes discussed the violation of laws by DYC by putting youth in solitary confinement, and the policies that allowed these infractions. She discussed resistance by DYC to changes in its policies. Ms. Wallace addressed questions raised during earlier discussion. Discussion ensued regarding the basis for amendment L.002, and funding for the policies called for in the amendment. Discussion followed regarding the fiscal impact of the bill, and alternatives to the bill in terms of monitoring DYC youth offenders.





10:20 PM



Discussion continued regarding the fiscal impact of HB 16-1328. Ms. Amanda Hayden, Legislative Council Staff, provided input on the fiscal impact of the bill.





10:29 PM



Representative Lee explained the effect of amendments L.002 and L.003 (Attachment G).



16HouseJud0421AttachG.pdf

10:50 PM

10:51 PM



The committee adjourned.