House Committee on Judiciary (03/09/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	03/09/2009	ATTENDANCE

Time:	01:34 PM to 04:39 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:
Metro Area County Commissioners Task Force HB09-1286 HB09-1299		Informational Briefing Postponed Indefinitely Referred to the Committee of the Whole

01:34 PM -- Metro Area County Commissioners Task Force Presentation

Andy Karsian, Colorado Counties, Inc., introduced the Metro Area County Commissioners Mentally Ill Inmates Task Force, which was formed in 2007 to identify and address mental health issues in county jails. He distributed an information packet to the committee members (Attachment A). The three major goals of the task force include 1) quantifying fiscal costs to counties for serving increased population of mentally ill inmates in metro area jails; 2) completing a regional assessment of how mentally ill people move through the various criminal justice system in metro counties; and 3) developing recommendations based on the regional assessment.

Mr. Karsian discussed the mapping of various county correctional systems that was undertaken by a contractor called Policy Research Associates in order to identify strengths and gaps in each system. The three primary objectives of the exercise were:

The development of a comprehensive picture of how people with mental illness and co-occurring disorders flow through the county criminal justice systems along five distinct intercept points: law enforcement and emergency services, initial detention and court hearings, jails and courts, community re-entry, and community corrections/community support.
The identification of gaps in services, as well as resources and opportunities for collaboration at each intercept point for individuals in the target population.
The development of priority areas for activities designed to improve system and service level responses for individuals in the target population.

A number of programs and resources were identified during the mapping exercise that provide opportunities for collaboration and serve as a basis for service expansion. Mr. Karsian discussed the matrix contained in the report that provides a listing of strengths by county and across intercepts.

01:43 PM

Paul Siska, Adams County undersheriff and co-chair of the task force, explained that the task force has co-chairs because he understands the law enforcement side, and Rick Doucet has wide experience with the community mental health centers. The task force began its work by defining the problem. Undersheriff Siska discussed the difference in costs for housing regular inmates and those with an Axis 1 diagnosis. Axis 1 refers to the most serious category of mental disorder diagnoses from the Diagnostic and Statistical Manual of Mental Disorders. Some of the problems for Axis 1 inmates is a lack of identification to be used to access services upon release from jail. For 2009, the task force is working on funding issues for addressing the various problems.

01:51 PM

Rick Doucet, Community Reach Center and co-chair of the task force, discussed the gaps analysis that identified the needs in each county with regard to mentally ill inmates. Most counties are involved in a jail diversion program.

01:53 PM

Bill Lovinger, Denver County Director of Corrections and Undersheriff, expressed his admiration for the gaps analysis that helps counties address problems at a local level and at a regional level. Undersheriff Lovinger talked about the services for the mentally ill that are offered in the Denver County jail. The 2009 agenda for the task force is quite aggressive and designed to flesh out the scope of the problem in the jails and in the community at large. The Metro Area Triage Group provides three different centers for police to take individuals with mental health issues instead of taking them to hospitals, which often do not have the resources to address the needs of these individuals.

01:57 PM

Undersheriff Siska responded to questions about how inmates are diagnosed as being Axis 1 and the treatment available in the jails for these individuals. Every inmate is screened upon intake. He talked about continuity of care after inmates leave the jail. Undersheriff Lovinger responded to questions about the gaps analysis done in Denver County. The committee discussed the correlation between mentally ill inmates, homelessness, and veterans benefit eligibility. Undersheriff Lovinger stated that recidivism rates for the Denver jail are incredibly high and his case managers believe lack of adequate housing for released inmates is a key factor in high recidivism.

02:03 PM

Undersheriff Siska talked about the Community Engagement Supervision and Evaluation (CESE) Program, which attempts to break the cycle of recidivism for mentally ill inmates. The program provides intensive treatment and supervision of adults who have committed crimes, who also have mental illnesses. The CESE Program allows consumers assigned to the program to meet with their probation officer, therapist, attend groups, attend psychiatric appointments, and receive medications all in one location. The goals of the program are to provide appropriate treatment to consumers with mental illnesses who are also on probation, to decrease the number of consumers with mental illnesses who are in jail, and to reduce the criminal activity of consumers with mental illnesses by providing them with appropriate treatment. The committee discussed pretrial diversion opportunities for mentally ill individuals, including the potential of establishing mental health courts.

02:12 PM

The committee and the witnesses discussed the deinstitutionalization of the mentally ill and whether that creates jails that are acting as mental health centers.

02:26 PM -- House Bill 09-1286

Representative Levy asked the committee to postpone House Bill 09-1286 indefinitely. The bill, recommended by the Colorado Commission on Uniform State Laws, repeals and reenacts the "Uniform Parentage Act", which is part of the "Colorado Children's Code." The bill updates Colorado law on establishing legal parentage of children to reflect modern issues such as assisted reproduction and genetic testing. The bill also provides further clarification as to the parent-child relationship, acknowledgment of paternity, statute of limitations to determine paternity, and guidance for the courts.

The bill applies to:

gestational agreements entered into on or after the bill's effective date;
civil actions related to parent-child relationships initiated on or after the effective date of the bill; and
offenses committed on or after the effective date of the bill.


BILL:	HB09-1286
TIME:	02:26:37 PM
MOVED:	McCann
MOTION:	Postpone House Bill 09-1286 indefinitely. The motion passed on a vote of 7-0, with 4 excused.
SECONDED:	Levy
		VOTE
	Apuan	Excused
	Court	Excused
	Gardner B.	Yes
	King	Yes
	Miklosi	Excused
	Pace	Excused
	Roberts	Yes
	Ryden	Yes
	Waller	Yes
	McCann	Yes
	Levy	Yes

Final YES: 7 NO: 0 EXC: 4 ABS: 0 FINAL ACTION: PASS

02:28 PM -- House Bill 09-1299

Representative A. Kerr, prime sponsor, presented House Bill 09-1299 concerning adoption of an agreement among the states to elect the President of the United States by national popular vote. The bill enters Colorado into an agreement with other states to cast presidential electoral votes for the winner of the national popular vote. Election officials from each participating state are to determine a national popular vote winner based on votes cast in all 50 states and the District of Columbia, and are required to certify the slate of electors belonging to the winner of the national popular vote. The agreement takes effect when a group of states possessing a majority of the votes in the Electoral College have enacted the agreement.

The committee conducted a lengthy discussion with Representative A. Kerr about the merits of the bill.

03:01 PM

Discussion about the merits of the idea of a national popular vote continued.

03:16 PM -- Jamie Raskin, representing himself, spoke in support of the bill. Professor Raskin discussed his background as a law professor of constitutional law at American University in Washington, D.C. He is also a state senator in the Maryland legislature, where he sponsored similar legislation. Professor Raskin stated that the system is, in fact broken. President of the United States is basically the only office in the country that is not elected democratically by the popular vote. Many states are considered "safe" states and so true campaigning does not happen in those states. Large swing states get the most attention and Professor Raskin believes that this is a problem for democracy. Incentives for electoral mischief or fraud are high in large swing states. He believes that the current scheme leaves the rest of the states at the mercy of what happens in these large swing states. Article 2 of the United States Constitution leaves it up to the state legislatures to decide how best to appoint electoral college votes. He discussed the exercise of constitutional powers by the states.

The committee discussed the potential for disenfranchising voters in safe states, but Professor Raskin indicated that candidates for national office need to reach out to the majority of voters, who do not currently live in urban areas. More voters live in suburbs and rural areas than in urban areas of the United States. The committee discussed the notion that the bill could make it more difficult for a viable third party candidate to be elected. The committee continued discussing the constitutionality of the bill.

04:06 PM -- Tom Hill, County Clerks of Colorado, took no position on the bill, but raised concerns about potential recounts that might occur as a result of the bill. Mr. Hill asked about the length of time for the transition of power in the case of a recount. Representative A. Kerr indicated that recounts are very rare and the chances of it happening in the future would decrease under the bill. The committee discussed the possibility of recounts in the future. Professor Raskin returned to discuss the statistical likelihood of a close election at the national level that would require a recount.

04:18 PM -- Jenny Flanagan, Colorado Common Cause, spoke in support of the bill. Ms. Flanagan stated her belief that the current method for electing the President of the United States is flawed. She indicated that the bill will enfranchise many new voters.


BILL:	HB09-1299
TIME:	04:20:56 PM
MOVED:	Gardner B.
MOTION:	Adopt prepared amendment L.001 (Attachment B). The amendment removes the safety clause from the bill and provides an effective date for the bill. The motion failed on a vote of 4-5, with 2 excused.
SECONDED:	Roberts
		VOTE
	Apuan	No
	Court	No
	Gardner B.	Yes
	King	Yes
	Miklosi	Excused
	Pace	Excused
	Roberts	Yes
	Ryden	No
	Waller	Yes
	McCann	No
	Levy	No

Not Final YES: 4 NO: 5 EXC: 2 ABS: 0 FINAL ACTION: FAIL

04:25 PM

Representative A. Kerr wrapped up his presentation of the bill and asked for a favorable recommendation.


BILL:	HB09-1299
TIME:	04:38:52 PM
MOVED:	Court
MOTION:	Refer House Bill 09-1299 to the Committee of the Whole with a favorable recommendation. Committee members commented about their positions on the bill. The motion passed on a vote of 6-4, with 1 excused.
SECONDED:	McCann
		VOTE
	Apuan	Yes
	Court	Yes
	Gardner B.	No
	King	No
	Miklosi	Excused
	Pace	Yes
	Roberts	No
	Ryden	Yes
	Waller	No
	McCann	Yes
	Levy	Yes

Final YES: 6 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS

04:39 PM

Representative Levy adjourned the committee.