Treatment of Persons with Mental Illness in the Criminal Justice System (10/29/2015)

Final
STAFF SUMMARY OF MEETING

TREATMENT OF PERSONS WITH MENTAL ILLNESS IN THE CRIMINAL JUSTICE SYSTEM

Date:	10/29/2015	ATTENDANCE

Time:	01:05 PM to 03:35 PM	Humphrey	X
		Lee	X
Place:	HCR 0112	Newell	*
		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:
Call to Order Update from Advisory Task Force Discussion of Advisory Task Force Vacancies Public Comment Bill 1 - Workers Compensation For PTSD Bill 2 - Competency To Proceed For Juveniles Bill 3 - Law Enforcement Mental Health Collaboration Grants Bill 4 - Mental Health and Collaborative Management Teams		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 Recommendation(s) Approved

01:06 PM -- Call to Order

Senator Martinez Humenik called the meeting to order. The meeting agenda (Attachment A) was distributed.

15MICJS1029AttachA.pdf

01:06 PM -- Update from Advisory Task Force

Susie Walton, Advisory Task Force Chair, and Camille Harding, Advisory Task Force Co-chair, introduced themselves. Senator Martinez Humenik asked whether the minutes from the July and August task force meetings had been prepared, to which Ms. Walton responded affirmatively.

01:08 PM

Ms. Walton discussed the September 25, 2015 retreat held by the task force. She referenced the minutes that were compiled from the retreat. She said that there was discussion about the bills the oversight committee proposed at the September 21, 2015 committee meeting. She stated that housing, restoration services, and juvenile competency issues were determined to the be the focus points for the task force. Ms. Walton said that the housing subgroup met in October and discussed conducting a Lean event concerning housing. Ms. Harding outlined the Lean event process. Ms. Walton discussed the stakeholders that they hope to be engaged in the Lean event for housing. Senator Martinez Humenik suggesting additional stakeholders to engage in the event, such as people who work in jails and with local organizations that assist with housing issues.

01:15 PM

Tariq Sheikh, 17th Judicial District, discussed House Bill 15-1025, concerning juvenile competency. He discussed the need to focus on restoration services for juveniles. Mr. Sheikh discussed situations when competency was an issue in cases involving juveniles in various counties. He discussed looking at who is providing the restoration services. He referenced the use of case management plans for juveniles, and the lack of funding for those plans. Mr. Sheikh answered questions about what types of services and treatments are involved in restoration. Senator Martinez Humenik asked about data collection concerning restoration services. Mr. Sheikh answered questions about restoration services and the treatment of mental health needs. Senator Newell commented on her involvement with previous legislation to address juvenile competency.

01:33 PM

Mr. Sheikh discussed establishing a statute outlining restoration services requirements. He reiterated the lack of funding for case management plans. Mr. Sheikh answered questions about the components of a management plan. Senator Martinez Humenik discussed her concerns about juveniles having criminal records for minor offenses. Mr. Sheikh discussed the ability to expunge certain offenses from juveniles' records.

01:41 PM

Ms. Walton discussed local jurisdictions that are addressing sexting by juveniles. She discussed restoration services provided at the Colorado Mental Health Institute at Pueblo versus community-based services. Discussion about restoration services and juvenile competency ensued. Ms. Walton discussed the action steps the task force will be taking to address restoration services. There was discussion about the task force's charge and the size of the task force. A copy of the task force's charge was distributed to the committee (Attachment B). Ms. Walton discussed the possibility of adding a representative from the Department of Public Health and Environment to the task force. She discussed the engagement of outside stakeholders with the task force. Mr. Sheikh responded to questions about the sexting program in Adams and Jefferson counties. Senator Newell discussed changes to the task force composition that occurred in 2014. Mr. Sheikh provided further information about the Adams county program to address sexting by juveniles. Committee discussion about the program ensued.

15MICJS1029AttachB.pdf

02:03 PM

Ms. Walton reiterated the focus by the task force on housing and restoration services. She mentioned possible changes to the task force's charge. Senator Martinez Humenik suggested having quarterly updates from the task force in the future. There was further discussion about the composition of the task force.

02:09 PM -- Discussion of Advisory Task Force Vacancies

Ms. Walton discussed the existing task force vacancies. A list of the current task force members and vacancies was distributed (Attachment C). She discussed the current vacancy for the Division of Parole in the Department of Corrections. Amanda King, Legislative Council Staff, provided an update on the status of that vacancy. Senator Martinez Humenik discussed the importance of task force members attending the task force meetings. Ms. Walton discussed the local law enforcement vacancies, and stated that Commander Tom DeLuca from the El Paso County Sheriff's Office and Chris Johnson from the County Sheriffs of Colorado have expressed interest as possible appointees. Commander DeLuca's resume was distributed (Attachment D). Senator Martinez Humenik suggested additional people for the local law enforcement vacancies, including Jim Alderman, retired Larimer County Sheriff; Loveland Police Chief Luke Hecker; and Delta County Sheriff Fred McKee. Ms. Walton discussed the possible appointment of Jagruti Shah to represent the Division of Behavioral Health in the Department of Human Services. Ms. Walton discussed the possible resignation of Michele Manchester from the task force, which would result in a vacancy for the representative for the Colorado Mental Health Institute at Pueblo.

15MICJS1029AttachC.pdf

15MICJS1029AttachD.pdf

02:15 PM

Ms. Walton discussed the pending appointment of Cynthia Kowert to represent the Colorado Attorney General's Office. Ms. Kowert expressed her interest in being appointed to the task force and discussed her professional experience. Ms. Kowert's recommendation letter and resume were distributed (Attachment E).

15MICJS1029AttachE.pdf

02:19 PM

There was discussion about the appointment process. Ms. King provided information about the the pending appointment of Ms. Shah and the statutory qualification for the local law enforcement representative. Ms. Walton further discussed the local law enforcement candidates. Ms. Walton discussed the resignation of District Attorney Dave Young, who had been the representative of the district attorneys in the state. She discussed Pat Coyle, who represents a person with knowledge of public benefits and public housing within the state, and continues to be absent from task force meetings. Ms. Walton discussed the vacancy for a public member who has an adult family member who has mental illness and has been involved in the criminal justice system. Ms. Walton discussed the potential resignation of Pat Teegarden, who represents the Department of Labor and Employment. She discussed the resignation of Brenidy Rice, who represented the Judicial Department. Ms. King clarified that the Chief Justice of the Colorado Supreme Court makes the appointments for the representative from the Judicial Department.

02:23 PM

Senator Martinez Humenik clarified the statutory qualification for the member representing the district attorneys within the state. She announced that Commander DeLuca and Ms. Kowert would be appointed to the task force. She asked for resumes and recommendation letters for the remaining potential candidates before their appointments would be made.

02:28 PM

Senator Martinez Humenik discussed the staffing for the task force. Ms. Walton stated that Hannah Tochtrop from Department of Health Care Policy and Financing will be providing staff support to the task force. There was discussion about the collaborative relationship between the task force and committee.

02:29 PM -- Public Comment

No one signed up to testify before the committee.

02:30 PM -- Bill 1 - Workers Compensation For PTSD

Kristen Forrestal, Office of Legislative Legal Services, provided an overview of Bill 1 (Attachment F). The bill includes post-traumatic stress disorder (PTSD) as a covered workers' compensation disability for certain peace officers, emergency medical service providers, and firefighters (public safety professionals). The bill requires an insurer or employer to pay all authorized medical expenses of a public safety professional alleged to suffer from work-related PTSD. The bill limits the dissemination of health information by health care providers to information directly related to the cause or aggravating factors of the patient's PTSD. The bill creates an expedited review process for the determination of diagnosis of work-related PTSD.

15MICJS1029AttachF.pdf

02:35 PM

Senator Woods discussed the peace officers who are excluded from the bill. Senator Martinez Humenik discussed the exclusion of victims' advocates from the bill. Ms. Forrestal and Representative Singer addressed questions about the peace officers who are excluded from the bill. Committee discussion about the bill ensued. Ms. Forrestal responded to questions about the bill.

02:45 PM

The committee discussed the bill's components addressing deaths due to suicide. At the request of the committee, Ms. Forrestal read aloud the statutory definitions of peace officer.


BILL:	Bill 1 - Workers Compensation For PTSD
TIME:	02:49:43 PM
MOVED:	Lee
MOTION:	Moved a conceptual amendment to include all Department of Corrections' employees in the draft bill. The motion failed on a 3-3 vote.
SECONDED:
		VOTE
	Humphrey	No
	Lee	Yes
	Newell	Yes
	Woods	No
	Singer	Yes
	Martinez Humenik	No

YES: 3 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: TIE

02:52 PM

Ms. Forrestal discussed the technical amendment (Attachment G) she prepared for the draft bill to correct a drafting error.

15MICJS1029AttachG.pdf


BILL:	Bill 1 - Workers Compensation For PTSD
TIME:	02:52:58 PM
MOVED:	Singer
MOTION:	Moved amendment #1 (Attachment G). The motion passed without objection.
SECONDED:
		VOTE
	Humphrey
	Lee
	Newell
	Woods
	Singer
	Martinez Humenik

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

02:53 PM

Committee discussion occurred about expanding the bill to include victims' advocates.


BILL:	Bill 1 - Workers Compensation For PTSD
TIME:	02:54:06 PM
MOVED:	Newell
MOTION:	Moved a conceptual amendment to include all victims' advocates in the draft bill. The motion failed on a 3-3 vote.
SECONDED:
		VOTE
	Humphrey	No
	Lee	Yes
	Newell	Yes
	Woods	No
	Singer	Yes
	Martinez Humenik	No

YES: 3 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: TIE

02:57 PM

Bill Zepernick, Legislative Council Staff, explained the fiscal note for the bill (Attachment H). Representative Singer, who initially suggested the bill draft, asked to withdraw Bill 1. Committee discussion about the bill ensued. No motion was made to forward the bill to Legislative Council.

15MICJS1029AttachH.pdf

03:02 PM -- Bill 2 - Competency To Proceed For Juveniles

Senator Newell, who initially suggested the bill draft, asked that Bill 2 (Attachment I) be withdrawn. The bill establishes a juvenile-specific definition of "competent to proceed" and "incompetent to proceed" for juveniles involved in the juvenile justice system, as well as specific definitions for "developmental disability", "mental capacity", and "mental disability" when used in this context. The bill clarifies the procedures for establishing incompetency, as well as for establishing the restoration of competency. No motion was made to forward the bill to Legislative Council.

15MICJS1029AttachI.pdf

03:03 PM -- Bill 3 - Law Enforcement Mental Health Collaboration Grants

Jane Ritter, Office of Legislative Legal Services, provided an overview of Bill 3 (Attachment J). The bill creates a grant program in the Department of Public Safety (DPS) to provide local law enforcement agencies with funding to hire mental health professionals. These additional mental health staff will provide immediate services and assistance to persons exhibiting signs of mental illness or substance abuse who are involved in an investigation by a law enforcement agency. Grant recipients are required to collect data on the program and provide this to the DPS. The DPS cannot spend more than 5 percent of program funds for administrative purposes. Representative Singer commented on the bill and discussed the handouts he provided on Project EDGE (Attachment K, Attachment L, and Attachment M), which is a similar program to the one outlined in the bill.

15MICJS1029AttachJ.pdf

15MICJS1029AttachK.pdf

15MICJS1029AttachL.pdf

15MICJS1029AttachM.pdf

03:10 PM

The committee discussed the bill and the fiscal note for the bill (Attachment N). Representative Singer answered questions about whether similar programs as the one outlined in the bill exist in other parts of the country or in Colorado. He further discussed the bill.

15MICJS1029AttachN.pdf

03:18 PM

Mr. Zepernick responded to questions about the bill's fiscal note. Representative Singer outlined how the bill could create cost savings for the state. He responded to questions about the bill and Project EDGE. Committee discussion about the bill ensued.


BILL:	Bill 3 - Law Enforcement Mental Health Collaboration Grants
TIME:	03:27:33 PM
MOVED:	Singer
MOTION:	Moved that Bill 3 (Attachment J) be included as one of the bills forward by the Legislative Oversight Committee Concerning the Treatment of Persons with Mental Illness in the Criminal and Juvenile Justice Systems to Legislative Council. The motion failed on a 3-3 vote.
SECONDED:
		VOTE
	Humphrey	No
	Lee	Yes
	Newell	Yes
	Woods	No
	Singer	Yes
	Martinez Humenik	No

Final YES: 3 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: TIE

03:28 PM -- Bill 4 - Mental Health and Collaborative Management Teams

Senator Newell explained Bill 4 (Attachment O) and discussed collaborative management teams. Ms. Ritter provided an overview of the bill. The bill adds mental health professionals to the list of persons that must be included in any memorandum of understanding entered into between county departments of human or social services and other local-level service providers. Lauren Schreier, Legislative Council Staff, explained the fiscal note for the bill (Attachment P).

15MICJS1029AttachO.pdf

15MICJS1029AttachP.pdf


BILL:	Bill 4 - Mental Health and Collaborative Management Teams
TIME:	03:32:20 PM
MOVED:	Newell
MOTION:	Moved that Bill 4 (Attachment O) be included as one of the bills forwarded by the Legislative Oversight Committee Concerning the Treatment of Persons with Mental Illness in the Criminal and Juvenile Justice Systems to Legislative Council. The motion passed on a vote of 6-0.
SECONDED:
		VOTE
	Humphrey	Yes
	Lee	Yes
	Newell	Yes
	Woods	Yes
	Singer	Yes
	Martinez Humenik	Yes

Final YES: 6 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:33 PM

Senator Martinez Humenik determined that the bill would start in the Senate. The bill sponsors will be Senator Newell and and Senator Martinez Humenik, as co-prime sponsors in the Senate, and Representative Lee in House. Representative Singer will be listed as a co-sponsor on the bill. The bill will not contain a safety clause.

03:35 PM

The committee adjourned.