Bill Summary for Bill Number SB13-111

Date: 04/25/2013

Final
BILL SUMMARY for SB13-111

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Adopt amendment L.018 (Attachment C). The motion p Refer Senate Bill 13-111, as amended, to the Commi	Pass Without Objection PASS

03:11 PM -- Senate Bill 13-111

Representatives Schafer and Stephens, co-sponsors, presented Senate Bill 13-111. Colorado's Adult Protective Services (APS) system, enacted in 1991, is designed to protect vulnerable or at-risk adults who, because of age or mental or physical ability, are unable to obtain services or otherwise protect their own health, safety, and welfare. Under current law, an at-risk adult is any person over the age of 18 who meets this criteria. Colorado law encourages members of certain helping professions to make reports of known or suspected abuse and provides a telephone hotline for all citizens. Among its many provisions, this reengrossed bill creates a new class of protections for at-risk elders, who are defined as any person age 70 or older. The bill also makes a number of changes to the APS system, as follows:

Mandatory reporting. Beginning July 1, 2014, members of helping professions listed in statute (mandatory reporters) are required to report known or suspected abuse of at-risk elders, and to make the report within 24 hours. Emergency medical service providers, physical therapists, clergy members, and chiropractors are added to the list of affected professionals.

Penalties. Failure to make a mandatory report is a class 3 misdemeanor. A person who files a report in good faith is immune from civil action or criminal prosecution. The bill also relocates existing penalties for theft-related crimes, caretaker neglect, and making a false report for offenses against at-risk elders.

Investigations. Law enforcement agencies are required to complete a criminal investigation when appropriate and to provide a summary of investigation reports to the relevant county department of social services and district attorney.

Training. The Peace Officer Standards and Training (P.O.S.T.) Board in the Department of Law is required to develop and implement a training curriculum no later than January 1, 2014. Training is to assist peace officers in recognizing and responding to incidents of known or suspected abuse and exploitation of at-risk elders. On and after January 1, 2015, local law enforcement agencies are required to employ at least one officer that has completed the new P.O.S.T. training. The board is authorized to charge a fee to participants for the training.

Implementation of mandatory reporting. As of January 1, 2014, the Department of Human Services (DHS) is directed to implement a program to generate awareness among the public and mandatory reporters about the mistreatment, self-neglect, and exploitation of all at-risk adults, including at-risk elders. DHS is also tasked with preparing a report to certain committees of the General Assembly concerning the implementation of this bill by December 31, 2016.

Background. County departments of social services are mandated under Section 26-3.1-103, C.R.S., to investigate all reports of abuse, exploitation, or neglect of at-risk adults. Reports are evaluated and investigated according to the rules established by DHS. DHS rules currently classify responses as a referral, no response needed, urgent and requiring follow-up, requiring a response within 24 hours, or requiring a response within three days, followed by appropriate services as needed. Services can range from assisting persons with obtaining public benefits and providing case management to seeking emergency placements and guardianship of the at-risk adult.

Colorado data shows that in FY 2011-12, a total of 11,000 new reports were filed. Of this number, 4,733, or 43 percent, required an investigation. In addition, a total of 1,750 investigations were carried forward from the prior fiscal year. Overall, cases requiring investigation have increased by an average of 2 percent per year.

Representative Schafer provided a handout about mandatory reporters of abuse under Colorado law (Attachment A). She discussed statistics concerning elder abuse and exploitation. Representative Stephens weighed in as well.

13HseJud0425AttachA.pdf

03:22 PM -- Joscelyn Gay, representing the Department of Human Services, and David Blake, representing the Department of Law, testified in support of the bill. Ms. Gay explained the work of the task force created by Senate Bill 12-078, which led to the changes in this bill. She pointed out that the bill focuses on abuse, mistreatment, self-neglect, and exploitation. She walked the committee through the mandatory reporting requirements in the bill. She stated her opinion that the bill provides consistency and simplicity for professionals who work with elder populations.

03:30 PM

Mr. Blake explained the Senate amendments to the bill.

03:38 PM

Mr. Blake continued to discuss amendments to the bill that were made in the Senate and the stakeholders who requested each amendment. He responded to questions from the committee.

03:40 PM -- Charles Carter, representing the Colorado Senior Lobby, testified in support of the bill. Mr. Carter provided the committee with a handout about mandatory reporting of elder abuse and exploitation (Attachment B). He discussed the handout and previous legislative efforts concerning mandatory reporting. He spoke about the work of the SB 12-078 task force. He provided numerous examples of elder abuse, neglect, and exploitation.

13HseJud0425AttachB.pdf

03:54 PM -- Arapahoe County Commissioner Nancy Sharpe, representing Colorado Counties, Inc., testified in support of the bill. Commissioner Sharpe spoke about the work of the SB 12-078 task force. She discussed the fiscal note. She stated that she was authorized to express the strong support of Sheriff Grayson Robinson.

03:57 PM -- Sheriff Ted Mink, representing the County Sheriffs of Colorado, testified in support of the bill. Sheriff Mink stated that the bill places an additional burden on law enforcement agencies, but it is one they enthusiastically accept.

03:59 PM -- Ann Toll, representing herself, testified in support of the bill. Ms. Toll spoke about her experience as a legal assistant in the area of elder law.

04:03 PM -- Dennis Valentine, representing the American Association of Retired Persons (AARP), testified in support of the bill. Mr. Valentine thanked the stakeholders for their work on the bill. He expressed support for various provisions of the bill.

04:06 PM -- Matthew Durkin, representing the Department of Law, testified in support of the bill.

04:07 PM -- Dr. Rebecca Paskind, representing the Colorado chapter of the National Association of Social Workers, spoke in support of the bill. Dr. Paskind spoke about the fiscal note and previous legislation.

04:10 PM -- Tammy Conover, representing the Colorado Bar Association, testified in support of the bill. Ms. Conover spoke about the work of the SB 12-078 task force.


BILL:	SB13-111
TIME:	04:11:44 PM
MOVED:	Lawrence
MOTION:	Adopt amendment L.018 (Attachment C). The motion passed without objection. 13HseJud0425AttachC.pdf
SECONDED:	Court
		VOTE
	Buckner
	Court
	Gardner
	Lawrence
	McLachlan
	Murray
	Pettersen
	Salazar	Excused
	Wright
	Lee
	Kagan

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB13-111
TIME:	04:14:09 PM
MOVED:	Court
MOTION:	Refer Senate Bill 13-111, as amended, to the Committee on Appropriations. The motion passed on a vote of 11-0.
SECONDED:	Lee
		VOTE
	Buckner	Yes
	Court	Yes
	Gardner	Yes
	Lawrence	Yes
	McLachlan	Yes
	Murray	Yes
	Pettersen	Yes
	Salazar	Yes
	Wright	Yes
	Lee	Yes
	Kagan	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:16 PM

The committee took a brief recess.