Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:01/15/2009
ATTENDANCE
Time:01:31 PM to 03:34 PM
Apuan
X
Court
X
Place:HCR 0107
Gardner B.
X
King
X
This Meeting was called to order by
Miklosi
X
Representative Levy
Pace
X
Roberts
X
This Report was prepared by
Ryden
X
Jessika Shipley
Waller
X
McCann
X
Levy
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB09-1021
HB09-1022
Referred to the Committee of the Whole
Amended, Referred to Appropriations


01:35 PM -- House Bill 09-1021

Representative Solano, prime sponsor, presented House Bill 09-1021, concerning the extension of the study of the Treatment of Persons with Mental Illness who are Involved in the Criminal Juvenile Justice Systems. The bill was recommended by the legislative oversight committee and task force associated with the study. It extends the repeal date from 2010 to 2015 for the oversight committee and the associated task force. The bill also adds a representative of the Colorado Department of Labor and Employment to the task force, bringing the total number of members to 31. The previous authorizing legislation laid out a set of topics for the task force to study each year. This bill alters that method slightly by providing some guideline topics that need to be considered at some point between July 1, 2009, and July 1, 2014. These are the:

diagnosis, treatment, and housing of adults with mental illness or co-occurring disorders who are involved in the justice system;
diagnosis, treatment, and housing of juveniles with mental illness or co-occurring disorders who are involved in the justice system;
ongoing treatment, housing, and supervision of adults and juveniles who are involved in the justice system and the availability of public benefits for these persons; and
safety of the staff who treat or supervise individuals with mental illness and the use of force against persons with mental illness.










01:39 PM --
Harriet Hall, Jefferson Center for Mental Health and the chair of the task force, spoke in favor of the bill. Dr. Hall provided some background information about the task force. She discussed the work of the task force since its inception in 1999, including the legislation supported by the group. She talked about the overlap between the issues studied by the task force and those of other groups throughout the state. Dr. Hall responded to questions about the work of the task force. Representative Roberts questioned why the study needs to be codified in statute. Representative Levy asked Dr. Hall about the interaction between the task force and the Colorado Commission on Criminal Juvenile Justice (CCCJJ).

01:50 PM --
Gina Shimeall, criminal defense attorney, spoke in support of the bill. Ms. Shimeall stressed that the task force is composed of experts and is well placed to collaboratively address issues affecting the mentally ill in the justice system. The committee discussed the need for the task force and the CCCJJ, focusing on the complexity of the issues addressed by the task force.

02:00 PM --
Susan Walton, Elbert County Department of Social Services, spoke in support of the bill. Ms. Walton stressed the complexity of the issues studied by the task force. She believes that the work of the task force leads to better coordination and collaboration for individuals with mental illness. She also brought up the potential for cost savings that is possible through the work of the task force.

02:03 PM --
Mark Ivandick, Legal Center for People with Disabilities, spoke in support of the bill. Mr. Ivandick talked about the vulnerability of individuals with mental illness and the importance of protecting those people's rights. He discussed the John Eachon Re-Entry Program, which serves individuals with mental illness who are transitioning out of the prison system and assists them in re-entering the community. He highlighted some of the positive work of the task force over the years.

02:06 PM --
Lacey Brumen, National Alliance for Mental Illness (NAMI) Colorado, spoke in support of the legislation. Ms. Brumen responded to questions regarding using data that is gathered through the work of the task force. She talked about the importance of focusing on the mentally ill.

02:12 PM --
Diane Inscoe, private citizen, spoke in support of the bill. Ms. Inscoe supports the work of the task force and stressed the importance of maintaining a focus on the mentally ill. She raised the issue of consumer representation on the task force. She wants to see more mentally ill or disabled individuals represented on the task force.

02:16 PM --
Lawrence Krause, NAMI Colorado, spoke in support of the bill. Mr. Krause is a consumer of mental health services and has also been involved in the justice system. He stated his opinion that state laws need to benefit all of the people in the state. He discussed representation for the mentally ill in the legal system. He believes that the task force helps people.


02:20 PM

Representative Solano asked for a favorable recommendation. Representative King complimented the work of the task force with regard to the suspension of Medicaid benefits bill from 2008.











BILL:HB09-1021
TIME: 02:24:33 PM
MOVED:Roberts
MOTION:Refer House Bill 09-1021 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 11-0.
SECONDED:Gardner B.
VOTE
Apuan
Yes
Court
Yes
Gardner B.
Yes
King
Yes
Miklosi
Yes
Pace
Yes
Roberts
Yes
Ryden
Yes
Waller
Yes
McCann
Yes
Levy
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


02:25 PM -- House Bill 09-1022

Representative Solano, prime sponsor, presented House Bill 09-1022 concerning assistance to counties to implement recidivism reduction programs for the mentally ill. The bill recommended by the Legislative Oversight Committee for the Continuing Examination of the Treatment of Persons with Mental Illness who are Involved in the Criminal Justice System, creates a Recidivism Reduction Grant Program within the Division of Criminal Justice. The grant program is to provide three-year implementation grants for programs to reduce recidivism for individuals with mental illness who have been involved in the criminal justice system. A county government or a collaboration among a group of counties is eligible to apply. The bill specifies that the funding for the program shall not exceed $600,000 over three years and individual grants will not exceed $100,000 per applicant in a year or $200,000 per applicant over three years. To apply for the grants, county governments must fill out an application with information on the strategies, goals, and outcomes of the program as well as information on costs and how the grant monies will be used. Specifically, the grant program will fund:

mental health courts;
transitional housing or employment programs;
re-entry services;
alternatives to incarceration;
transition services; and
community corrections programs.









Representative Solano discussed prepared amendment L.001 (Attachment A). The amendment expands the legislative declaration to provide greater detail about the problem of recidivism and the reasons why individuals re-enter the criminal justice system. She expressed her belief that the bill will ultimately save the state money. The committee discussed the fiscal note and the potential costs savings that could be realized by the bill.

09HouseJud0115AttachA.pdf


02:39 PM --
Dr. Hall returned to the table to talk about the process that led to the drafting of this bill. She explained that the bill came from a subcommittee of the task force on medication, health care, and housing. Many of the supports that have been shown to reduce recidivism are things like housing, employment, medical treatment, drug and alcohol treatment, and mental health services. The subcommittee decided that the task force should support some effort to help local entities that have begun the process of planning programs to address the lack of these supports for offenders transitioning from prison back into the community. The grants are reserved for entities that have made some progress toward stated goals and are ready to take a next step, but lack adequate funding. Representative Levy asked if the amount of the grants is enough to make a change. Dr. Hall responded that these grants are intended to help along programs that have already been planned, but not yet implemented. She talked about blended funding streams for community-based correctional programs for the mentally ill.

02:46 PM --
Ms. Shimeall returned to speak in favor of the bill. Ms. Shimeall is employed with Arapahoe-Douglas Mental Health Network. She designed and coordinates the mental health court for the 18th Judicial District. She discussed how mental health courts are a collaborative effort between courts, law enforcement, mental health professionals, etc. She talked about her experience with mentally ill clients, providing some statistics about mentally ill individuals in the jails and prisons.

02:55 PM --
Peg Ackerman, County Sheriffs of Colorado, spoke in support of the bill. Ms. Ackerman talked about some sheriffs that are interested in applying for grants to fund innovative programs to address the issue of recidivism in county jails.

02:57 PM --
Diane Inscoe, private citizen, spoke in support of the bill.

02:57 PM --
Andy Karsian, Colorado Counties, Inc., spoke in support of the bill. Mr. Karsian distributed a report to the committee illustrating the impact of the mentally ill on county jails (Attachment B). He responded to questions from the committee regarding the effectiveness of the $100,000 grants.

09HouseJud0115AttachB.pdf


03:06 PM --
Geneva Biggio, Felons Regaining Equal Employment (FREE) Coalition, spoke in support of the bill. Ms. Biggio would like to see more money focused on small community-based organizations that provide education and certification services to parolees.










03:08 PM --
Lacey Brumen, NAMI Colorado, spoke in support of the bill. Ms. Brumen discussed the amount of money it would take to provide medication to parolee daily. She provided some statistics about juvenile offenders with mental illness that will most likely end up in the adult system..

03:10 PM --
Larry Krause, NAMI Colorado, spoke in support of the bill. Mr. Krause discussed his experience with the mental health system.

03:13 PM --
Mark Ivandick returned to speak in support of the bill. Mr. Ivandick provided information about his experience working with mentally ill parolees.
BILL:HB09-1022
TIME: 03:19:13 PM
MOVED:Pace
MOTION:Amend L.001, line 22, strike "Identification of this";
Strike lines 23-29.
The motion passed without objection.
SECONDED:McCann
VOTE
Apuan
Yes
Court
Yes
Gardner B.
Yes
King
Yes
Miklosi
Yes
Pace
Yes
Roberts
Yes
Ryden
Yes
Waller
Yes
McCann
Yes
Levy
Yes
Not Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS




















BILL:HB09-1022
TIME: 03:21:08 PM
MOVED:Pace
MOTION:Adopt prepared amendment L.001 (Attachment A), which adds language to the legislative declaration, as amended. The motion passed on a vote of 6-5.
SECONDED:Ryden
VOTE
Apuan
Yes
Court
Yes
Gardner B.
No
King
No
Miklosi
Yes
Pace
Yes
Roberts
No
Ryden
Yes
Waller
No
McCann
Yes
Levy
No
Not Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


03:24 PM

Representative Pace discussed the possibility of conceptually amending the bill to require that some percentage of the grant monies to non-metro Denver area counties. He ultimately decided not to offer a motion.
BILL:HB09-1022
TIME: 03:32:33 PM
MOVED:McCann
MOTION:Refer House Bill 09-1022, as amended, to the Committee on Appropriations with a favorable recommendation. The motion passed on a vote of 9-2.
SECONDED:Miklosi
VOTE
Apuan
Yes
Court
Yes
Gardner B.
Yes
King
Yes
Miklosi
Yes
Pace
Yes
Roberts
No
Ryden
Yes
Waller
No
McCann
Yes
Levy
Yes
Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


03:33 PM

Representative Levy brought the idea of meeting on Friday, January 30. The committee discussed how to schedule bills and decided to work late on Thursdays rather than working on Fridays. It was decided that the committee will begin working at 1:00 P.M. on January 22 and January 29 and will work as late as necessary in order to get through all of the bills. Representative Levy adjourned the committee.