Date: 10/03/2013
Final
Discussion of the Advisory Task Force Activities
TREATMENT OF PERSONS WITH MENTAL ILLNESS IN THE CRIMINAL JUSTICE SYSTEM
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09:08 AM -- Discussion of the Advisory Task Force Activities
Susan Walton, Chair of the Continuing Examination of Persons with Mental Illness Who Are Involved in the Criminal and Juvenile Justice Systems (MICJS) Task Force, introduced herself to the committee, and discussed her background in the human services field. Senator Tochtrop commented on Ms. Walton's professional background.
09:11 AM
Ms. Walton gave an update on the MICJS Task Force activities. She discussed the task force's efforts to examine the defense plea of not guilty by reason of insanity and the task force's strategic planning session that was conducted in November 2012. She discussed a survey that was conducted of the task force members that resulted in identifying the following study areas for the task force: medication, including formularies, medication interruptions due to disruptions in Medicaid access, and lack of Medicaid services upon release; staff safety, including opportunities for training and education; and housing, especially affordable housing, the stability and proper supports that housing offers, and the need for funding for housing, as well as wrap-around and case-management service options. Ms. Walton stated that Department of Corrections (DOC) personnel will be making a presentation on staff safety to the task force at its October meeting. Ms. Walton said that the task force's efforts to address issues concerning medication had stalled when Dr. Gregory Kellermeyer left the task force, but she is hopeful that once the position of a practicing forensic professional is filled on the task force, those efforts will continue.
09:19 AM
Senator Tochtrop asked whether the task force is looking at the issue of persons who are mentally ill who are in the criminal justice system and are kept in solitary confinement. Ms. Walton discussed the task force's efforts on the issue of administrative segregation, as well as the fact that the positions on the task force that are designated for the DOC are currently vacant.
09:22 AM
Dr. Harriet Hall, MICJS Task Force member, discussed the task force's activities concerning administrative segregation, which included touring correctional facilities, and the fact that the DOC made several changes at one point to address issues concerning administrative segregation. Dr. Hall stated that the task force has not studied the issue recently, but it is an issue the task force could continue to study.
09:25 AM
Senator Tochtrop discussed issues related to the safety of health care workers, emergency room workers, and first responders. Representative Wright discussed the need to fill the DOC vacancies on the task force. He asked whether legislation will be brought forth on medication issues, to which Ms. Walton responded that the task force was not recommending legislation on that issue at this time. Senator Newell discussed the interim committee bill deadlines, as well as other options for introducing legislation on issues the task force is studying. Representative Rosenthal dialogued with Ms. Walton about the task force's bill recommendation process. Senator Tochtrop discussed the implementation of legislation concerning Medicaid for persons released from the criminal justice system. Ms. Walton stated her understanding is that at this time that legislation has not been implemented. Senator Newell stated that the committee would follow-up with the Department of Health Care Policy and Financing on the issue. Representative Wright discussed the continuation and transfer of medication while persons are within the criminal justice system.
09:36 AM
Ms. Walton discussed the need for coordination of care after release from the criminal justice system. She responded to questions about the task force's efforts on the issue of staff safety, especially for smaller, rural counties and less experienced staff, especially in the county departments of human services. Senator Newell asked that Ms. Walton report back about how the legislative oversight committee can assist in efforts to address staff safety issues. Ms. Walton stated that many of the issues can be addressed through regulatory changes. Senator Newell asked Ms. Walton to provide in the its next report information on the issues the task force addressed without the need for legislation. Ms. Walton responded to questions about future efforts of the task force to address housing issues and asked that the committee provide some guidance to the task force on the specific housing issues they would like the task force to focus on.
09:45 AM
Senator Newell discussed the need for more data, including data on suicide rates in the criminal justice system and upon release. Ms. Walton and Dr. Hall responded to questions about whether substance abuse and behavioral health should be included in the task force's name. Dr. Hall discussed the legal complexities that could arise from including substance abuse in the task force's specific charge and aspects of the Diagnostic and Statistical Manual of Mental Disorders. Discussion continued about how the task force has addressed co-occurring disorders, and whether the task force should address stand-alone substance abuse issues. Copies of Article 1.9 of Title 18, C.R.S., were distributed to the committee (Attachment B). Senator Newell discussed the need for housing for persons with traumatic brain injuries.
13MICJS1003AttachB.pdf
10:06 AM
The committee dialogued with Ms. Walton about the need to fill vacancies on the task force, and the possibility of allowing and funding travel reimbursement and per diem for the task force. Ms. Walton discussed the need to address diversity in the task force membership. Members of the committee expressed their support for permitting reimbursements to task force members. Ms. Walton discussed the need for funding for site visits and training activities for the task force members. Representative Wright and Ms. Walton discussed whether crisis intervention training should be mandatory for criminal justice system employees and first responders. Representative Wright requested that Ms. Walton ask the task force members whether there would be support for mandatory crisis intervention training.
10:22 AM
Ms. Walton discussed the reasons why the task force is suggesting expanding the task force membership to include a member representing the Office of the Child's Representative and a member representing the Office of the Alternative Defense Counsel.
10:26 AM
The committee was provided a list of task force members (Attachment C) and a copy of Dr. Richard Martinez's curriculum vitae (Attachment D). Dr. Richard Martinez was appointed by Senator Newell to the task force to fill the vacancy of a practicing forensic professional. Senator Newell asked the committee to inform her if they had suggestions to fill the other vacancies on the task force. Senator Tochtrop suggested Dave Young from the 17th Judicial District for consideration for the district attorney position.
13MICJS1003AttachC.pdf