Treatment of Persons with Mental Illness in the Criminal Justice System (08/18/2015)

Final
STAFF SUMMARY OF MEETING

TREATMENT OF PERSONS WITH MENTAL ILLNESS IN THE CRIMINAL JUSTICE SYSTEM

Date:	08/18/2015	ATTENDANCE

Time:	01:03 PM to 03:34 PM	Guzman	E
		Humphrey	*
Place:	SCR 356	Lee	*
		Woods	X
This Meeting was called to order by		Singer	X
	Senator Martinez Humenik	Martinez Humenik	X

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

Bills Addressed:		Action Taken:
Review of Oversight Committee & Advisory Task Force Charges Review of the History of Advisory Task Force Update on Recent Advisory Task Force Activities & Goals Discussion of Recent & Future Legislative Proposals Discussion of Advisory Task Force Vacancies & Task Force Resources Review of Interim Committee Bill Drafting Guidelines Public Comment & Adjourn Discussion of Future 2015 Committee Meeting Dates		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 Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only

01:04 PM -- Review of Legislative Oversight Committee and Advisory Task Force Charges

Senator Martinez Humenik called the meeting to order. The committee members were provided a meeting agenda (Attachment A).

15MICJS0818AttachA.pdf

01:06 PM

Amanda King, Legislative Council Staff, presented a memorandum (Attachment B) that provides an overview of the Legislative Oversight Committee and Task Force Concerning the Treatment of Persons with Mental Illness in Criminal and Juvenile Justice Systems (MICJS). Ms. King reviewed the MICJS Legislative Oversight Committee statutory charges, which include, overseeing the work of the MICJS Task Force, making appointments to the MICJS Task Force, proposing legislation, and submitting an annual report to the General Assembly. Ms. King referenced the MICJS Task Force membership list that was provided to the committee (Attachment C). She outlined the areas of study listed in state law for the MICJS Task Force to address. Ms. King stated that the MICJS Legislative Oversight Committee and Task Force were initially established in 1999 and were reauthorized in 2000, 2004, 2009, and 2014. A copy of Senate Bill 14-021, which reauthorized the MICJS Legislative Oversight Committee and Task Force, was distributed to the committee members (Attachment D).

15MICJS0818AttachB.pdf

15MICJS0818AttachC.pdf

15MICJS0818AttachD.pdf

01:14 PM

Ms. King responded to a question from the committee about House Bill 15-1025, concerning competency to proceed for juvenile involved in the juvenile justice system (Attachment E). In response to a question, she stated that the committee can approve up to five bills for introduction.

15MICJS0818AttachE.pdf

01:16 PM -- Review of the History of Advisory Task Force

Susan Walton, MICJS Task Force Chair and representing Park County Department of Human Services, introduced herself. Camille Harding, MICJS Task Force Co-chair and representing Department of Health Care Policy and Financing (HCPF), introduce herself. Ms. Walton discussed the previous work the task force has done regarding housing issues. She referenced Senate Bill 09-019, which concerned the establishment of a pilot program to fund grants to local governments to facilitate changes in land development regulations to accommodate the housing needs of persons with mental illness who are involved in the criminal justice system. Senate Bill 09-019 was postponed indefinitely during the 2009 legislative session. Ms. Walton discussed the efforts of HCPF and the City of Aurora that the MICJS Task Force is supporting related to housing.

01:19 PM

Adam Tucker, HCPF, discussed the housing task force created in HCPF and the ability of the state to provide wrap-around services when someone exits the criminal justice system. He discussed the Housing First model. Mr. Tucker responded to questions about the involvement of parole officers and entities such as COMCOR, Inc., which is a private, not-for-profit community corrections programs, in the work that HCPF is doing related to housing. Representative Singer asked for data about the number of people who are released from the criminal justice system with mental illness who qualify for disability benefits, and how many are veterans. Mr. Tucker said he did not have that information, but could provide it after the meeting. Representative Singer discussed the Department of Local Affairs' Supportive Housing Program and the Fort Lyon Supportive Residential Community. Representative Humphrey asked for information about recidivism rates. Ms. Harding discussed some of the difficulties with compiling data related to recidivism rates. Senator Martinez Humenik referenced the work that the Early Childhood and School Readiness Legislative Commission is doing to address recidivism.

01:26 PM

Ms. Walton discussed a potential tour of the Fort Lyon Supportive Residential Community for the MICJS task force. She referenced prior presentations made by Pat Coyle, Department of Local Affairs, and Frank Alexander, Boulder County Housing and Human Services, to the task force on innovative housing programs. Ms. Walton asked for additional direction from the oversight committee on how the task force can address housing issues.

01:29 PM

Ms. Walton discussed enhanced data collection related to persons who have a mental illness who are involved in the criminal and juvenile justice systems. She referenced the Colorado Children and Youth Information Sharing Initiative, which was a collaboration between the Department of Education, HCPF, Department of Human Services, Department of Public Health and Environment, Department of Public Safety (DPS), and Judicial Branch. The initiative developed an on-line tool to share information across systems with parental permission. She stated that the tool is not being used as widely as was hoped, and said legislation maybe needed to help support or fund the use of the on-line tool.

01:31 PM

Ms. Harding discussed the task force's subcommittee on data collection and data sharing. She provided a handout diagraming the isolation of information that occurs in various state agencies (Attachment F). She stated that a graduate student from the University of Colorado will be conducting focus groups to identify the challenges in defining recidivism and severe mental illness. Ms. Harding referenced federal rules regarding the confidentiality of alcohol and drug abuse patient records.

15MICJS0818AttachF.pdf

01:35 PM

Peggy Heil, MICJS Task Force member and representing DPS, discussed the grant application the DPS submitted to the U.S. Department of Justice's Bureau of Justice Assistance for recidivism reduction. She said the DPS will not find out the results of the grant application until September. She discussed the involvement of the IJIS Institute, which is a nonprofit corporation that collaborates with local, state, tribal, and federal agencies to provide technical assistance, training, and support services for information exchange and technology initiatives, in the program proposed in the grant application. Ms. Heil stated that the standards for sharing information in the criminal justice system are different than the standards for sharing information between health systems. She discussed how the grant could improve continuity of care through information sharing, thus reducing recidivism rates. Ms. Heil discussed the funding that would be available if the grant is awarded to Colorado. She outlined some of the preliminary work that is already happening in anticipation of receiving the grant. She commented on the lack of consistent definitions for serious mental illness and recidivism among various entities.

01:39 PM

Representative Singer referenced the Joint Technology Committee and asked about the IJIS Institute's experience with Colorado's database systems. Ms. Heil and Ms. Harding discussed the role of the IJIS Institute in developing a comprehensive statewide plan to address information sharing between various state and local information technology systems.

01:43 PM

Ms. Walton discussed the lack of data concerning juvenile competency evaluations. Senator Martinez Humenik expressed the importance of relevant data and providing information about where the needs and gaps in services are occurring. Ms. Harding referenced the Measuring Behavioral Health: Fulfilling Colorado's Commitment to Become the Healthiest State report that can be found at: https://www.colorado.gov/pacific/sites/default/files/Measuring%20Behavioral%20Health%20in%20Colorado.pdf. Senator Martinez Humenik discussed substance addiction and suicide rates, especially in the juvenile population. Representative Lee discussed the definitions for serious mental illness and recidivism that are used by the Department of Corrections. Ms. Harding discussed how different state and local agencies define recidivism. She discussed the need for a statewide standard definition for recidivism. Discussion about recidivism ensued.

01:54 PM

Ms. Walton further discussed accessing data concerning juvenile competency evaluations.

01:55 PM -- Update on Recent Advisory Task Force Activities and Short-term & Long-term Goals

Ms. Heil discussed the collaboration between the MICJS Task Force and the Behavioral Health Transformation Council to address medication consistency issues. She outlined the issues that can occur when a person's medications are changed. She discussed the statewide formulary for psychotropic medications that is being developed for criminal justice and public health facilities. She discussed possible cost-effective purchasing options that may be availed by creating a statewide formulary for psychotropic medications. Senator Martinez Humenik asked for a draft of the statewide formulary. Ms. Heil and Ms. Harding responded to a question about the statewide formulary and possible purchasing collectives. Ms. Walton outlined how the MICJS Task Force has collaborated with the Behavioral Health Transformation Council on medication consistency issues. Ms. Heil answered questions about the medication consistency workgroup that was formed between the two entities. Senator Martinez Humenik asked for an update on the purchasing recommendations for a statewide formulary for psychotropic medications.

02:06 PM

Ms. Walton discussed the need for a strategic planning retreat for the task force. She stated that Dr. Patrick Fox, Department of Human Services, will be presenting the Behavioral Health Needs Analysis report at the August 20, 2015, MICJS Task Force meeting. The full report can be viewed at: http://www.colorado.gov/cs/Satellite?c=Page&childpagename=CDHS-BehavioralHealth%2FCBONLayout&cid=1251662741340&pagename=CBONWrapper. She stated that she anticipates that his presentation will provide information about possible key legislative priorities the task force can focus on in the coming year. Ms. Walton further discussed the importance of data sharing between agencies.

02:10 PM

Representative Singer suggested holding the strategic planning retreat at Fort Lyon.

02:12 PM -- Discussion of Recent & Future Legislative Proposals

Karen Knickerbocker, MICJS Task Force member and representing the Office of Colorado State Public Defender, provided information about House Bill 15-1025, which concerns competency to proceed for juveniles involved in the juvenile justice system. Ms. Walton provided additional historical background about House Bill 15-1025. Ms. Knickerbocker continued the discussion of House Bill 15-1025 and the efforts made to get the Colorado District Attorney's Council (CDAC) to a neutral position on the bill. She listed the stakeholders who were involved in the drafting of the legislation. She discussed the attempts at compromises that occurred and the continued opposition from the CDAC on the bill. Ms. Knickerbocker outlined how the legislation could be readdressed in the future. She explained the lack of restoration services for both adults and juveniles. Senator Martinez Humenik commented on the legislative process.

02:27 PM

Ms. Knickerbocker answered questions about the ability of juveniles to access various mental health and social services. She shared her personal experience defending juveniles before the court. Representative Singer discussed the Differential Response Program in the Department of Human Services and the additional state funding for mental health services. Ms. Walton discussed the Department of Human Services' Collaborative Management Program and House Bill 11-1196, which allowed increased flexibility in funding for services for families. Ms. Walton discussed the willingness of the task force to continue working on a juvenile competency bill if that is the will of the committee. Senator Martinez Humenik commented on juvenile behaviors.

02:36 PM

Ms. Walton discussed the lack of staffing for the MICJS Task Force. Senator Martinez Humenik proposed various options to explore to address the lack of staffing, including university internship programs. Representative Singer discussed the possibility of merging the task force and the committee into one entity or possibly having joint meetings. There was discussion about the lack of funding in recent years for the task force.

02:43 PM -- Discussion of Advisory Task Force Vacancies and Task Force Resources

Ms. King reviewed the current MICJS Task Force vacancies, which include a representative from the Division of Parole in the Department of Correction and two representatives of local law enforcement. She discussed the appointment process. Ms. Walton further discussed the process for making appointments to the task force. Committee discussion about making appointments ensued, and it was suggested that the task force suggest possible appointees to the committee. Senator Martinez Humenik agreed that the appointments could be made by a letter signed by the chair and vice-chair of the committee, rather than waiting for a committee meeting.

02:48 PM -- Review of Interim Committee Bill Drafting Guidelines

Michael Dohr, Office of Legislative Legal Services, discussed prior bill drafting practice for legislation brought forth by the MICJS Task Force. He outlined the 2015 schedule for bill drafting as stated in the memorandum on recommended timelines and guidelines for 2015 interim committees (Attachment G). Senator Martinez Humenik commented on the bill drafting timeline. Ms. Walton asked the committee to provide additional direction about moving forward with the legislation related to juvenile competency or legislation on other topics.

15MICJS0818AttachG.pdf

2:59 PM -- Discussion of Future 2015 Legislative Oversight Committee Meeting Dates

Ms. King listed some potential future committee meeting dates. Senator Martinez Humenik revisited the idea of the MICJS Task Force holding a strategic planning retreat. Committee discussion about potential meeting dates ensued. Mr. Dohr commented on the need for the task force members to attend the committee meetings where legislation would be discussed. Additional discussion about holding a retreat on September 25, 2015, occurred. It was determined that the committee would meet on September 21, 2015, and October 29, 2015. In response to a question, Ms. King stated that task force regularly meets on the third Thursday of every month at 10 a.m.

03:10 PM

Senator Martinez Humenik suggested that the task force focus on addressing the need for restoration services for juveniles and adults. Representative Singer discussed Project EDGE, which is a coordinated effort by police officers and Mental Health Partners staff that offers diversion into behavioral health treatment rather than an arrest in certain circumstance. He suggested having a presentation on Project EDGE at a future committee meeting. Representative Singer discussed having a presentation on the issue of post-traumatic stress disorder in law enforcement and the barriers to workers' compensation. Senator Martinez Humenik suggested that the task force explore pilot programs and review other states' models when looking at possible legislation. Representative Singer further discussed Project EDGE.

03:22 PM

Ms. Walton provided a MICJS Data Sharing Initiative Briefing Sheet (Attachment H) to the committee. Representative Lee asked about the availability of data on the number of inmates with mental illness who die in correctional facilities to which Ms. Heil responded. Discussion about accessing statistics related to and providing services to persons with mental illness who are in the criminal justice system continued. Ms. Walton suggested inviting Kerry Pruett, Mental Health Programs Administrator in the Department of Corrections, to present at a future committee meeting.

15MICJS0818AttachH.pdf

03:30 PM -- Public Comment

Melanie Jordan, Colorado Bar Association, discussed the lack of restoration services for juveniles and the need for funding for those services.

03:33 PM -- Adjourn

Senator Martinez Humenik made closing remarks and adjourned the meeting.