Treatment of Persons with Mental Illness in the Criminal Justice System (03/22/2013)

Final
STAFF SUMMARY OF MEETING

TREATMENT OF PERSONS WITH MENTAL ILLNESS IN THE CRIMINAL JUSTICE SYSTEM

Date:	03/22/2013	ATTENDANCE

Time:	01:03 PM to 02:29 PM	King	E
		Rosenthal	X
Place:	HCR 0112	Tochtrop	X
		Wright	X
This Meeting was called to order by		Labuda	X
	Senator Newell	Newell	X

This Report was prepared by
	Jessika Shipley
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Introductions and Welcome Discussion of Advisory Task Force Activities Discussion of Upcoming Projects and Initiatives Impacting People with Mental Illness who are Involved in the Criminal Justice System Bills of Interest to the Advisory Task Force Update on Mental Health Courts		Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only

01:03 PM -- Introductions and Welcome

Senator Newell, chair, welcomed the committee and the presenters from the Task Force for the Continuing Study of the Treatment of Persons with Mental Illness who are Involved in the Justice System.

01:04 PM -- Discussion of Advisory Task Force Activities

Kathleen McGuire, chair of the task force, introduced herself to the committee and commented about the 2012 activities of the task force. She provided an outline of these activities (Attachment A). She spoke about the task force's study of the not guilty by reason of insanity (NGRI) plea and about her efforts to fill the open positions on the task force. She provided a list of task force members (Attachment B) and a pamphlet that provides more information about each task force member (Attachment C). Ms. McGuire discussed the task force's November 29, 2012 meeting, which was an all-day strategic planning meeting. She talked about the legislative luncheon the task force hosted on February 4, 2013. She responded to questions from the committee about the task force's strategic plan and about her efforts to fill open task force positions.

13MICJS0322AttachA.pdf

13MICJS0322AttachB.pdf

13MICJS0322AttachC.pdf

01:13 PM

Representative Labuda asked for a presentation about mental health treatment for women in the Department of Corrections.

01:14 PM -- Discussion of Upcoming Projects and Initiatives Impacting People with Mental Illness who are Involved in the Criminal Justice System

Marc Condojani, representing the Office of Behavioral Health in the Department of Human Services, came to the table to discuss jail-based mental health services. He provided a handout regarding the Office of Behavioral Health budget request (Attachment D). He responded to questions from the committee about increased funding for jail-based behavioral health services and their funding by the Correctional Treatment Fund. The committee discussed the integration of community-wide crisis response systems. Mr. Condojani commented about the capacity at the state's two mental health institutes. He discussed the improvement of community capacity to deliver a continuum of community-based treatment services most appropriate to the needs of the consumer.

13MICJS0322AttachD.pdf

01:24 PM

Senator Tochtrop asked questions about federal regulations that affect federal funding to the states for community-based mental health treatment services. Mr. Condojani discussed the existing programs for jail-based behavioral health services in ten Colorado counties and the expansion of those programs. He indicated that he is expecting a $1.2 million increase in state funding for the programs in FY 2013-14. He responded to questions from Representative Labuda about coverage of services across county jails and about the outcomes of the various programs. Senator Newell asked how the oversight committee might be able to assist in overcoming barriers to the most effective provision of services.

01:35 PM

Representative Labuda asked about the percentage of mentally ill offenders who also have a substance abuse problem. Mr. Condojani commented about co-occurring disorders in the criminal justice system.

01:37 PM

Ken Cole, representing the Office of Behavioral Health, joined the committee to discuss the expansion of inpatient psychiatric hospital capacity. He provided a written overview of the the 20-bed Jail-based Restoration Program (Attachment E). He spoke about capacity issues at the state's two mental health institutes; the demand for forensic services at the Colorado Mental Health Institute at Pueblo; the expansion of capacity with a 20-bed jail-based restoration unit in the Denver Metropolitan Area; and other jail-based restoration program components. He discussed the request-for-proposals process for selecting a vendor to provide services at the unit, which will be based at the Arapahoe County Jail. Mr. Cole spoke about a similar program in San Bernardino, California, on which the Colorado program is based. He stressed that the program is designed to help restore inmates to competency so they can proceed at trial.

13MICJS0322AttachE.pdf

01:48 PM

Senator Tochtrop asked for more information about the California program. Senator Newell asked how the oversight committee might assist with any obstacles. Mr. Cole commented that the members should provide feedback through the state departments.

01:54 PM -- Bills of Interest to the Advisory Task Force

Terri Hurst, representing the Colorado Behavioral Healthcare Council, provided a table showing the status of bills of interest to the oversight committee and the task force (Attachment F). She discussed the bills in some detail and responded to questions from the committee. The committee discussed access to mental health services in rural areas and Senate Bills 13-116 and 13-177.

13MICJS0322AttachF.pdf

02:04 PM -- Update on Mental Health Courts

Brenidy Rice, representing the Colorado Judicial Branch, came to the table to discuss Colorado problem-solving courts. She provided a handout about the courts (Attachment G). There are 73 operational problem-solving courts in Colorado, with another eight in planning. The courts currently serve 3,000 individuals. Ms. Rice defined a mental health court as a program based in a courtroom and led by a judge that brings together members of the criminal justice system and the behavioral health system, among others, to work with individuals with mental illnesses who face criminal charges. She spoke about recidivism reduction through effectively treating mental illness. She discussed the essential elements of an effective problem-solving court. These include:

13MICJS0322AttachG.pdf

• planning and administration;
• target population;
• timely participant identification and linkage to services;
• terms of participation;
• informed choice;
• treatment supports and services;
• confidentiality;
• court team;
• monitoring adherence to court requirements; and
• sustainability.

02:12 PM

Ms. Rice responded to questions from Representative Rosenthal about the primary drugs of choice among the clients of problem-solving courts. The committee discussed the self-medication of individuals with mental illness. Representative Rosenthal asked for additional data about youthful offenders. Representative Labuda asked for additional information about women with mental illness in the correctional system. The committee discussed crisis intervention training for law enforcement officers. The task force was directed to follow up on the issue. The committee discussed innovative efforts in the 21st Judicial District to address offenders with mental illness.

02:23 PM

Senator Newell asked for information about outcomes from problem-solving courts. Discussion ensued about the availability of good outcome data and the confidentiality of information related to problem-solving courts.

02:28 PM

Ms. McGuire agreed to provide all of the requested information to the oversight committee.

02:29 PM

The committee adjourned.