Date: 01/29/2015

Final
BILL SUMMARY for HB15-1025

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Approve amendment L.005 (Attachment F). The motion



03:14 PM -- HB15-1025

The committee recessed.


03:30 PM

The committee returned to order. Representative Kagan discussed some points of order for witness testimony on House Bill 15-1025. Representative Rosenthal, prime sponsor, presented HB 15-1025, concerning competency to proceed for juveniles involved in the juvenile justice system. Representative Rosenthal noted the stakeholders that worked on creating the legislation, and discussed the collaborative process that was employed in its drafting. Representative Rosenthal deferred certain questions for the witnesses.


03:40 PM

The following persons testified regarding House Bill 15-1025:

03:41 PM -- Ms. Susan Walton, representing the County Human Service Directors on the Legislative Task Force on the Treatment of Persons with Mental Illness in the Criminal Justice System (task force), testified in support of the bill. Ms. Walton discussed the appointees to the task force, and explained that competency statutes for juveniles need to be updated. Ms. Walton responded to questions regarding the position of district attorneys on determinations of "incompetent to proceed," and the treatment of this definition by the bill.

03:48 PM -- Mr. Pete Weir and Mr. Hal Sargent, representing the First Judicial District and the Colorado District Attorneys' Council, testified in opposition to House Bill 15-1025. Mr. Weir discussed criticisms of the juvenile justice system, and explained how transposing criminal justice system standards on the juvenile justice system harms youth. He noted that the juvenile justice system is a civil system with protections in place, and discussed certain features and functions of this system. Mr. Weir explained how youths are processed through the juvenile justice system.


03:59 PM

Mr. Weir responded to questions regarding the potential for the bill to create a multitude of claims of mental incompetency among those in the juvenile justice system, and how HB 15-1025 changes the mental competency assessments of those in the juvenile justice system. Mr. Weir discussed the potential for the bill to drive up costs within the juvenile justice system, and the current standard for determining competency to proceed among juveniles. Mr. Weir responded to questions regarding the ability of a judge to intervene when he or she determines that the claim of incompetency has been overused, and reasons why the competency standard used for adults should not be used for juveniles.


04:14 PM

Discussion ensued regarding the threshold for determining competency to proceed among juveniles. Discussion returned to the state of the juvenile justice system. Mr. Weir responded to questions regarding elements of the bill that might be beneficial. Mr. Sargent discussed the relative ability of youths to understand justice system concepts, and explained how competency proceedings may redirect the proceedings away from the best interests of the child in a juvenile justice proceeding. Discussion ensued regarding the effect of HB 15-1025 on clinical evaluations of potential mental disability in juvenile competency proceedings, and the ramifications of these changes.


04:31 PM

Mr. Sargent responded to questions regarding the standard of competency currently used in juvenile justice proceedings, and addressed a forthcoming amendment. Mr. Sargent clarified the core effect of the bill, and discussed the criteria that would be considered to determine competency to proceed under the bill. Discussion ensued regarding the potential for amending HB 15-1025 to address certain reservations expressed by the district attorneys concerning the "incompetent to proceed" definition in the bill.


04:43 PM

Mr. Sargent responded to questions regarding certain definitions associated with competency proceedings in current law and in the bill. Discussion returned to the effect of forthcoming amendment L.005 on certain definitions in the bill, and reservations expressed about these definitions. as amended.

04:53 PM -- Dr. Richard Martinez, representing the Colorado Psychiatric Society, testified in support of HB 15-1025. Dr. Martinez discussed changes to certain statutory definitions associated with mental competency undertaken in recent years, and explained the evaluations and thresholds used to determine competency to proceed in both juveniles and adults. Dr. Martinez rebutted certain claims made during earlier testimony. He discussed developmental mental immaturity in children who will not rise to a level of mental incapacity.

Dr. Martinez responded to questions regarding intellectual responsibilities. The committee members discussed intellectual responsibilities.


05:08 PM

The committee continued to discuss potential amendments to the bill. Dr. Martinez clarified the bill's definitions, and discussed the number of juveniles that might be affected by the change in definitions made by the bill. Dr. Martinez responded to questions regarding the treatment regimen received by those determined to be incompetent for adjudication purposes, and the focus of this treatment. Dr. Martinez responded to further questions regarding how definitions within the bill might be crafted to address certain concerns expressed by the district attorney community. Discussion returned to forthcoming amendments to the bill. Representative Rosenthal discussed the potential impact of definitions in the bill on the number of juvenile competency proceedings that will be undertaken.


05:23 PM

Discussion ensued regarding inappropriate courtroom behavior and the capacity to behave appropriately in such a setting.

05:27 PM -- Dr. Vicki Bolling, representing the Colorado Mental Health Institute Pueblo, testified in support of House Bill 15-1025. Dr. Bolling provided an overview of the assessments undertaken to determine a juvenile's mental capacity, and the traits displayed by those determined incompetent as compared to those who display normal juvenile competence. Dr. Bolling responded to questions regarding how often the provisions of HB 15-1025 might be invoked in courtroom proceedings. Dr. Bolling responded to further questions regarding the types of treatment a juvenile receives while undergoing a competency determination, and the potential impact of amendment L.005.

05:38 PM -- Mr. Tom Raynes, representing the Colorado District Attorneys' Council, and Mr. Tarik Sheik, representing the Seventeenth Judicial District, testified in opposition to the bill. Mr. Raynes discussed the imperfect fit of the judicial and therapeutic communities and the number of juveniles affected by competency proceedings. Mr. Raynes discussed the efficacy of the juvenile justice system, and trends in juvenile justice in Colorado. Mr. Raynes questioned whether the use of a mental capacity standard is enough to determine competency. Mr. Sheik discussed his frustrations with competency proceedings in the juvenile justice system, and explained his opposition to the bill. He rebutted claims made during earlier testimony, and discussed the process by which competency might be restored to a juvenile. Mr. Sheik responded to questions regarding the process by which competency is currently determined for juveniles.


05:54 PM

Discussion ensued regarding how long it takes to receive the results for a juvenile competency determination.

05:56 PM -- Ms. Sheri Danz, representing the Office of the Child's Representative, testified in support of HB 15-1025. Ms. Danz rebutted the notion that the juvenile justice system is solely treatment-focused, and discussed the consequences experienced by those who matriculate through that system. Ms. Danz discussed the process by which the bill was drafted, noting efforts to allay concerns raised about the bill. Ms. Danz responded to questions regarding the basis for juvenile incompetency in other states, and provided her position on forthcoming amendments.

06:08 PM -- Ms. Karen Knickerbocker, representing the Office of State Public Defender, testified in support of the bill. Ms. Knickerbocker discussed the inability of defense attorneys to determine the mental capacity of their clients, and addressed claims made during earlier testimony. Discussion ensued regarding the ability of a juvenile to comprehend judicial proceedings, and the potential for the number of juvenile competency proceedings to rise after passage of the bill. Ms. Knickerbocker responded to questions regarding the competency standard currently applied to juveniles, and the effect of the bill on the standard that will be applied going forward. Discussion followed regarding the need for legislation to establish juvenile competency in light of certain court rulings.

06:27 PM -- Dr. Kimberly Larson, representing the University of Massachusetts Medical School, testified in support of HB 15-1025. Committee members received Dr. Larson's written comments (Attachment D) along with a biography (Attachment E). Dr. Larson discussed the intent of the bill, and the nationally recognized psychological elements that lend to a determination of juvenile competence. Dr. Larson rebutted the notion that the bill will lead to a large number of juvenile competency proceedings, and discussed the ability to restore competence through the provision of services. Dr. Larson discussed the development of the juvenile brain and the ability to convey judicial concepts to them. Discussion ensued regarding available services for restoring youth competency.

15HouseJud0129AttachD.pdf15HouseJud0129AttachD.pdf 15HouseJud0129AttachE.pdf15HouseJud0129AttachE.pdf

06:43 PM
BILL:HB15-1025
TIME: 06:44:00 PM
MOVED:Court
MOTION:Approve amendment L.005 (Attachment F). The motion was withdrawn.
15HouseJud0129AttachF.pdf15HouseJud0129AttachF.pdf
SECONDED:Lee
VOTE
Buckner
Carver
Court
Dore
Foote
Lawrence
Lundeen
Pettersen
Salazar
Van Winkle
Willett
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:



06:46 PM

The committee discussed how best to move forward with the amendment phase for HB 15-1025. The bill was laid over for action.