Bill Summary for Bill Number HB08-1016

Date: 01/16/2008

Final
BILL SUMMARY for HB08-1016

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Adopt prepared amendment L.001 (Attachment A). Th Adopt prepared amendment L.003 (Attachment C). Th Refer House Bill 08-1016, as amended, to the Commi WITHDRAWN - Adopt prepared amendment L.002 (Attach	Pass Without Objection Pass Without Objection PASS TIE

10:45 AM -- House Bill 08-1016

Representative Solano, prime sponsor, presented House Bill 08-1016, concerning juvenile justice procedures for juveniles who may benefit from mental health services. The bill from the Legislative Oversight Committee for the Continuing Examination of the Treatment of Persons with Mental Illness who are Involved in the Criminal and Juvenile Justice Systems requires the court, prosecution, defense, probation officer, guardian ad litem (appointed by the court to represent the best interests of a juvenile), parent, or legal guardian in a juvenile delinquency proceeding to advise the court if there is a reasonable belief that the juvenile could benefit from mental health services. Upon being advised of such a belief, the bill requires the court to order a mental health screening of the juvenile, unless sufficient information regarding the juvenile's mental state already exists in the record. The bill does not allow delinquency proceedings to be suspended pending the results of a mental health screening.

The court may order a mental health assessment when a screening indicates that the juvenile could benefit from mental health services. The cost of the assessment may be assigned to any party having legal custody or legal guardianship of the juvenile. The bill also defines a "juvenile who could benefit from mental health services" and "assessment." It provides minimum requirements for what must be included in an assessment. Finally, the bill permits the court to order mental health services as part of the disposition of the delinquency proceeding. This bill is effective upon the signature of the Governor or upon the bill becoming law without his signature.

10:53 AM -- Judge Karen Ashby, Denver Juvenile Court, spoke in support of the bill. Judge Ashby is the chair of the subcommittee of the task force that suggested the bill. She provided some background about the juvenile competency statutes that went into effect in 2005. She spoke about Section 19-2-702, C.R.S., which was repealed when the competency statutes went into effect. Her court sees a number of juveniles with mental health issues and she wants to make sure all juveniles who need help are identified and treated when possible. She pointed out that the language requiring defense counsel to raise the issue of mental health was amended out in the 2007 version of the bill and an amendment is offered to remove it again this year. She explained the difference between mental health screening and mental health assessment. An assessment is conducted by a mental health professional, while a screening is an instrument that can be self-administered. She addressed the various "shalls" and "mays" in the bill, stating that the cases are all so different in terms of custody situations and legal circumstances. The various circumstances affect who pays for mental health assessment.

Judge Ashby discussed the use of mental health treatment or assessment information as evidence during the entry of a plea. The language does not limit the use of information about mental health issues as a mitigating factor during the sentencing phase of a delinquency proceeding. She explained the language in the bill regarding the prohibition against staying or suspending proceedings pursuant to the assessment. She responded to questions about judicial discretion to order an assessment. The committee discussed the cost of the assessments to local governments.

Representative M. Carroll asked if removing the mandate for defense counsel to ask for a mental health screening would also remove the discretion to ask for such a screening. Judge Ashby replied that it does not in her opinion. Representative Gardner raised a concern about permissive responsibility for assigning costs of a mental health assessment. Judge Ashby replied that the cost must be assessed to someone and the language in the bill allows the court to use discretion as to which party is responsible. Representative Gardner also had concerns about not allowing evidence obtained during an assessment or treatment to be admissible on the issues raised by a plea of not guilty. Judge Ashby's preference is to screen any juvenile who has a delinquency petition filed on them, but mentioned that this bill is a compromise with individuals who did not want to screen all juveniles.


BILL:	HB08-1016
TIME:	11:35:29 AM
MOVED:	Stafford
MOTION:	Adopt prepared amendment L.001 (Attachment A). The amendment removes defense counsel from the list of parties to a juvenile delinquency who are required to inform the court that the juvenile might benefit from mental health services. The motion passed without objection.
SECONDED:	Carroll M.
		VOTE
	Carroll M.
	Gardner B.
	Jahn
	Kerr A.
	King
	Levy
	Marshall
	Roberts
	Stephens
	Stafford
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB08-1016
TIME:	11:36:03 AM
MOVED:	Levy
MOTION:	WITHDRAWN - Adopt prepared amendment L.002 (Attachment B). The motion was withdrawn.
SECONDED:	Stafford
		VOTE
	Carroll M.
	Gardner B.
	Jahn
	Kerr A.
	King
	Levy
	Marshall
	Roberts
	Stephens
	Stafford
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	HB08-1016
TIME:	11:42:10 AM
MOVED:	Levy
MOTION:	Adopt prepared amendment L.003 (Attachment C). The amendment changes the effective date of the bill by applying it only to new juvenile delinquency petitions filed after July 1, 2008. The motion passed without objection.
SECONDED:	Stafford
		VOTE
	Carroll M.
	Gardner B.
	Jahn
	Kerr A.
	King
	Levy
	Marshall
	Roberts
	Stephens
	Stafford
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB08-1016
TIME:	11:43:48 AM
MOVED:	Stafford
MOTION:	Refer House Bill 08-1016, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed unanimously.
SECONDED:	Carroll M.
		VOTE
	Carroll M.	Yes
	Gardner B.	Yes
	Jahn	Yes
	Kerr A.	Yes
	King	Yes
	Levy	Yes
	Marshall	Yes
	Roberts	Yes
	Stephens	Yes
	Stafford	Yes
	Carroll T.	Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS