Bill Summary for Bill Number Consideration of Proposed Legislation

Date: 09/12/2014

Final
Consideration of Proposed Legislation

TREATMENT OF PERSONS WITH MENTAL ILLNESS IN THE CRIMINAL JUSTICE SYSTEM

Votes: View-->	Action Taken:
Moved that Bill 1 (Attachment D) be forwarded by t	PASS

09:05 AM -- Consideration of Proposed Legislation

Michele Manchester, MICJS task force Co-Chair, and Colorado Mental Health Institute at Pueblo, discussed the background of Bill 1 (Attachment D). She stated that there were still some concerns about the proposed legislation, and specifically that representatives of the therapeutic and legal communities had concerns about the definitions that are included in the bill. The concerns included what specific things the evaluators would be accessing and whether the definitions would result in a large increase in the number of evaluations requested. Representative Labuda asked why the bill does not refer to the Diagnostic and Statistical Manual of Mental Disorders, 5th Edition (DSM-5).

14MICJS0912AttachD.pdf

09:08 AM

Sheri Danz, Office of the Child's Representative, discussed her involvement with the MICJS task force and the work group that had been involved in drafting Bill 1. She stated that the Office of the Child's Representative does support the bill in its current form. Ms. Danz responded to the question about why bill does not directly reference the DSM-5 and discussed state law concerning adult competency. She stated that the bill updates definitions to be more consistent with the DSM-5, but does not include specific diagnoses from the DSM-5. She discussed how the bill updates definitions to be more reflective of the DSM-5. She stated that the charge of the work group was to develop a definition of "incompetent to proceed" that is specific to juveniles, since currently the juvenile statute concerning incompetency refers to the definition in the adult competency statutes. Ms. Danz discussed how the definition of "incompetent to proceed" was arrived at by the work group and MICJS task force. She discussed the inclusion of mental capacity in the definitions included in the bill.

09:15 AM

Ms. Manchester responded to questions about the evaluations that would be conducted and who would be doing the evaluations for juveniles. She stated they are usually conducted by either a psychologist or a psychiatrist, and they are used to determine whether the juvenile can assist his or her attorney with the court proceedings. In response to a question, Ms. Manchester stated that the juveniles are often seen by private practitioners and are not referred to the Colorado Mental Health Institute at Pueblo. Senator Tochtrop asked whether the bill should specify who should be conducting the evaluations. Ms. Danz discussed the need to address restoration services for juveniles in the future. She discussed why intellectual disability was removed from the list of determining factors on page 5, lines 17 and 18 of the draft. In response to a questions, Ms. Danz stated that representatives of the district attorneys still have concerns about the bill in its current form.

09:25 AM

Representative Labuda suggested that the potential bill sponsors work with the district attorneys to see if the bill can be amended to address their concerns. Senator Newell discussed establishing parity between juvenile and adults concerning competency issues. Representative Rosenthal asked whether a compromise on the bill could be achieved. Ms. Danz discussed the legislative declaration that was added to the bill to help achieve more consensus, but the language in the legislative declaration may need to be amended. She stated that the Attorney General's Office has concerns about the definition of "mental capacity" in the bill. Ms. Danz expressed concerns about changing certain language in the bill to address some of the concerns from the current opposition, because it may not effectuate the desired change of making the statutes that apply to juveniles concerning competency distinct from those for adults. Ms. Danz stated that the Department of Human Services representatives have advised the task force that the language on page 6, lines 7 and 8, concerning conducting the evaluations in home or community placements will result in a fiscal note. Ms. Danz referenced adolescent brain development research. Representative Rosenthal asked about the intent of adding the legislative declaration to the proposed legislation.

09:35 AM -- Matthew Durkin, Colorado Attorney General's Office, testified on the proposed bill draft. He discussed the position of the Attorney General's Office on the bill, and stated that the prosecutors are concerned that the definitions could be used to find all juveniles intellectually disabled. He discussed the role of a guardian ad litem in a court proceeding involving a juvenile and the other individuals that may be involved in such a proceeding. Mr. Durkin and Ms. Danz responded to questions about the concerns regarding the definition of "intellectual disability" in the bill. Mr. Durkin discussed language on page 3, line 7 to 13 of the draft bill that references deficits in adaptive functioning.

09:46 AM

Representative Wright discussed the proposed legislation. Mr. Durkin responded to questions about the definition of "mental capacity" in the draft bill and the standard it may establish. Senator Newell asked whether comprise language could be arrived at on the "mental capacity" definition, to which Mr. Durkin responded. Ms. Danz responded to a question about how other states are addressing mental capacity for juveniles. Mr. Durkin responded to questions about how the legislation would be applied practically in court proceedings. Mr. Durkin discussed issues concerning restoring juveniles to competency. Ms. Danz discussed when the issue of competency would be raised and the juvenile competency procedures that are currently in place that are not being amended by the draft bill. She reiterated that the work group does feel restoration is an issue that needs to be reviewed. Ms. Danz discussed the time period that it take to restore a juvenile to competency. She discussed diversion programs for juveniles and the possible consequences of certain pleas.

10:04 AM -- Gina Shimeall, criminal defense attorney, provided a historical perspective on the task force's work concerning juvenile competency issues. She discussed the different perspectives of prosecutors and defense attorneys concerning juvenile competency issues. Ms. Shimeall stated that anybody who is a party to the case can raise an issue of competency. She discussed how Colorado law concerning juvenile competency compares to other states. In response to a question, Ms. Shimeall referenced the expertise of Dr. Tom Grisso and Dr. Richard Martinez on the issue of competency. Ms. Walton stated that the current statutes address the qualification of an evaluator and that the bill does not seek to change those qualifications. Ms. Walton offered to set up a meeting with Dr. Martinez, Dr. Grisso, and the committee members. Ms. Walton reiterated that there is not consensus about the bill from the task force, but that she wanted to have the committee's input on the bill.

10:17 AM

Senator Newell commented on about the bill and the need for possible amendments to the bill after it is introduced. Senator Newell requested research from Legislative Council Staff about comparative language from other states on juvenile competency. Ms. Danz urged the continued involvement of the work group on any amendments to the bill.


BILL:	Consideration of Proposed Legislation
TIME:	10:20:50 AM
MOVED:	Newell
MOTION:	Moved that Bill 1 (Attachment D) be forwarded by the MICJS Legislative Oversight Committee to Legislative Council. The motion passed on a vote of 5-0, with one member excused.
SECONDED:	Rosenthal
		VOTE
	King	Excused
	Rosenthal	Yes
	Tochtrop	Yes
	Wright	Yes
	Newell	Yes
	Labuda	Yes

YES: 5 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

10:21 AM

Senator Tochtrop made comments about the mission of the MICJS Legislative Oversight Committee. Representative Labuda identified Representative Rosenthal as the House sponsor and Senator Newell as the Senate sponsor, and stated that the bill would start in the House. The committee confirmed that the bill should include a safety clause.