Date: 03/26/2015

Final
BILL SUMMARY for HB15-1269

HOUSE COMMITTEE ON HEALTH, INSURANCE, & ENVIRONMENT

Votes: View--> Action Taken:
Adopt amendment L.001 (Attachment F). The motion p
Refer House Bill 15-1269, as amended, to the Commi
Pass Without Objection
PASS



04:50 PM -- HB 15-1269

The committee came back to order. Representative McCann asked Representative Landgraf to chair the meeting for House Bill 15-1269. Representative Ginal and Representative McCann presented House Bill 15-1269. This bill clarifies procedures concerning the transfer of inmates between the Department of Corrections (DOC) and the Department of Human Services (DHS). Specifically it clarifies that inmates may only be transferred from the DOC to DHS when such a transfer is done in accordance with a policy that provides for due process and in situations where the inmate cannot be safely confined in a DOC facility. This policy is required to be in place by August 1, 2015.

The bill repeals the authority of the DHS to transfer non-offenders to the DOC. The DHS may only transfer a person receiving care at the Colorado Mental Health Institute at Pueblo or Fort Logan to a DOC facility when that person is serving a sentence to the DOC concurrently with a commitment to the DHS. The DHS is also authorized to return a person to the DOC if the inmate cannot be safely confined in the DHS facility.

04:54 PM

Representative McCann answered questions about amendment L.001 (Attachment F) and the bill related to due process.

150326 AttachF.pdf150326 AttachF.pdf

04:57 PM --
Reggie Bicha, Executive Director of the DHS, testified in support of the bill, and provided information about the current statute that allows the DHS to transfer non-offenders to the DOC. Director Bicha discussed the establishment of a special unit at the Mental Health Institute at Pueblo to house patients who had been previous housed by the DOC. He commented on due process. Director Bicha answered questions from the committee about the current statutes concerning the transfer of patients between the DHS and the DOC, the bill, and the special unit referenced during his testimony. The committee members dialogued with Director Bicha about the possible need to expand the special unit in the future, the bill, and the DHS patients who were transferred to the DOC.

05:19 PM --
Renae Jordan, DOC, testified in support of the bill. She discussed differences between housing a patient in the DOC versus the DHS. She referenced the DOC policy concerning due process.

05:23 PM

Representative McCann further discussed amendment L.001.
BILL:HB15-1269
TIME: 05:23:26 PM
MOVED:McCann
MOTION:Adopt amendment L.001 (Attachment F). The motion passed without objection.
SECONDED:Ginal
VOTE
Brown
Esgar
Humphrey
Klingenschmitt
Landgraf
Lontine
Mitsch Bush
Primavera
Ransom
Ryden
Saine
Ginal
McCann
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



05:24 PM

Committee members commented on the bill.

BILL:HB15-1269
TIME: 05:26:00 PM
MOVED:McCann
MOTION:Refer House Bill 15-1269, as amended, to the Committee of the Whole. The motion passed on a vote of 13-0.
SECONDED:Ginal
VOTE
Brown
Yes
Esgar
Yes
Humphrey
Yes
Klingenschmitt
Yes
Landgraf
Yes
Lontine
Yes
Mitsch Bush
Yes
Primavera
Yes
Ransom
Yes
Ryden
Yes
Saine
Yes
Ginal
Yes
McCann
Yes
Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS