Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY
Date:03/24/2005
ATTENDANCE
Time:01:33 PM to 05:21 PM
Boyd
X
Brophy
X
Place:HCR 0112
Decker
X
Harvey
X
This Meeting was called to order by
Hefley
X
Representative Carroll T.
Jahn
X
Judd
X
This Report was prepared by
Kerr
X
Jennifer Moe
McGihon
*
Carroll M.
X
Carroll T.
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB05-068
HB05-1308
SB05-138
Referred to Committee on Appropriations
Amended, Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole


01:34 PM -- Senate Bill 05-068

The committee came to order. A quorum was present. Representative T. Carroll requested that witnesses limit their testimony to two to three minutes, be concise, and not be repetitive. Representative Butcher, the prime sponsor of SB 05-068, Concerning Assaults on Mental Health Professionals by Persons Committed to the Department of Human Services Under the Provisions of Article 8 of Title 16, Colorado Revised Statutes, explained why the bill was brought forward and described some problems with current law. She then summarized the bill's provisions. Committee members were provided with Amendment L.004 (Attachment A).

The following people testified on the bill:

01:40 PM --
Mr. George Pagels, representing the Colorado Psychiatric Technicians Association, spoke in support of the bill. He noted a rise of violence and increased hostility among patients at the Colorado Mental Health Institute at Pueblo (CMHIP) and added that the resulting assaults on staff are intentional, not the result of a mental illness episode. He stated that assaults on staff are not typically prosecuted and the perpetrators are often returned to the facility. Mr. Pagels responded to questions from the committee about potential placement options for these offenders, and his position and experience at the hospital.









01:51 PM --
Mr. Bill Ortiz, representing CMHIP, spoke in support of the bill. He described his role at the state mental hospital and talked about some assaults he has sustained while working there. Mr. Ortiz expressed concern about the great disparity in the penalty for a violent assault on him by a patient versus the penalty for the patient's earlier assault the same day on a peace officer.

01:56 PM --
Mr. John Ramos, representing the American Federation of State, County, and Municipal Employees, spoke in support of the bill. He stated that assaults occur regularly on staff, including kitchen workers, nurses, and others. He responded to questions regarding the placement of these offenders after they commit an assault. He reiterated the need for stiffer consequences for assaults on staff, and recognized that the county jails do not have the capacity to hold or treat these offenders. He stated that the average stay of patients at CMHIP is about 7 years, although many patients have been there 20 years or more. Mr. Ramos answered questions about the existing security procedures at CMHIP and stated that staff members who are assaulted by patients have no further recourse available once it is determined that the district attorney will not file charges against the patient.

02:06 PM --
Mr. Leonard Delgado, representing CMHIP, spoke in support of the bill. He discussed some injuries he sustained as a result of being assaulted by patients, and described the impact of these injuries on his quality of life. He stated that the charges were dropped "in the interest of justice" and explained the inter-facility communication problems about the incident that led to this decision. Discussion ensued regarding the institute's willingness to back its employees following an assault, and tools that would be helpful for the employees' protection. Mr. Delgado reiterated that the patients must experience repercussions in order to deter future assaults on staff.

02:20 PM --
Mr. Mike Harris, representing the VOICE Council, spoke in support of the bill. He clarified that the goal of the bill is not to criminalize the mentally ill, but to provide recourse for staff who are assaulted by patients who are not actively psychotic and are capable of distinguishing between right and wrong. He stated that restraints are available to staff but that a patient must be "imminently dangerous" before the restraints can be used. The bill sponsor commented on the types of patients who are at CMHIP.

02:26 PM --
Mr. Bob Grant, representing the Colorado District Attorney's Council, spoke in support of the bill. He explained the verdict of "not guilty by reason of insanity," and recognized that a court's finding about an offender's mental state at the time the crime was committed or at the time of trial may not accurately reflect that offender's current mental state at CMHIP. He responded to questions from the committee about the enforcement of current laws, and persons in CMHIP who are alleged to be faking mental illness. Committee members were provided with a letter from the Colorado Attorney General regarding a plan of action for responding to complaints about CMHIP patients who are accused of assaulting CMHIP staff (Attachment B). Discussion on these and related issues continued.

02:52 PM --
Mr. Steve Schoenmaker, representing CMHIP, spoke in support of the bill. He explained when seclusion restraints may be applied at CMHIP and when they must be removed. He described other security procedures and measures at the facility. He then responded to questions. According to Mr. Schoenmaker, there were 107 patient assaults on staff in the past year, charges were filed in 24 of these cases, and none of the charges resulted in conviction and punishment of the patient. Mr. Schoenmaker also discussed oversight issues in reporting or filing charges.








03:12 PM --
Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, spoke in support of the bill. She affirmed the purpose of the bill.

03:15 PM --
Mr. David Mendoza, representing the American Federation of State, County, and Municipal Employees, spoke in support of the bill. He stated that public employees who have been assaulted have no recourse beyond their immediate manager, and requested help from the legislature to stiffen the penalty for these types of assaults.


03:17 PM

The chairman closed the public testimony phase of the hearing. No amendments were offered by the committee or the bill sponsor. The bill sponsor and committee members commented on the bill.
BILL:SB05-068
TIME: 03:22:59 PM
MOVED:Jahn
MOTION:Refer SB 05-068 to the Committee on Appropriations. The motion carried unanimously on a vote of 11-0.
SECONDED:Boyd
VOTE
Boyd
Yes
Brophy
Yes
Decker
Yes
Harvey
Yes
Hefley
Yes
Jahn
Yes
Judd
Yes
Kerr
Yes
McGihon
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


















03:23 PM -- House Bill 05-1308

Representative Butcher, the prime sponsor of HB 05-1308, Concerning a Requirement that Certain Not-Guilty-By-Reason-of-Insanity Defendants Register as Sex Offenders, summarized the bill's provisions. Committee members were provided with Amendment L.001 (Attachment C).

The following people testified on the bill:

03:27 PM --
Ms. Gina Hardin, representing the American Civil Liberties Union of Colorado, spoke in opposition to the proposed language in Section 16-8-115 (4)(a)(III), C.R.S., citing a lack of due process. The chairman granted permission for members and witnesses to speak to L.001 before it was moved and acted upon. Ms. Hardin spoke in support of L.001.

03:31 PM --
Sheriff Grayson Robinson, representing the County Sheriffs of Colorado, spoke in support of the bill.

03:32 PM --
Detective Rick Schneider, representing the Denver Police Department, spoke in support of the bill.

03:32 PM --
Mr. James Billings, representing the Colorado Association of Chiefs of Police, spoke in favor of the bill and explained his support.

03:36 PM --
Mr. Steve Shoenmaker, representing the Colorado Mental Health Institute at Pueblo (CMHIP), spoke in support of the bill. He provided information about the patients at CMHIP and the risk of not registering the released NGRI offenders (persons who are found "not guilty by reason of insanity") as sex offenders. Mr. Schoenmaker answered questions from the committee about the number of patients who would be affected by the change in this bill.


























03:42 PM

The chairman closed the public testimony phase of the hearing, and the committee began considering amendments
BILL:HB05-1308
TIME: 03:42:34 PM
MOVED:McGihon
MOTION:Move Amendment L.001 (Attachment C). The motion passed without objection.
SECONDED:Boyd
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




























03:43 PM

Representative Butcher made closing comments and listed the sexual offenses covered by the bill.
BILL:HB05-1308
TIME: 03:47:06 PM
MOVED:McGihon
MOTION:Refer HB 05-1308, as amended, to the Committee of the Whole. The motion carried on a vote of 10-1.
SECONDED:Jahn
VOTE
Boyd
Yes
Brophy
Yes
Decker
Yes
Harvey
Yes
Hefley
Yes
Jahn
Yes
Judd
No
Kerr
Yes
McGihon
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


03:47 PM -- Senate Bill 05-138

Representative T. Carroll, the prime sponsor of SB 05-138, Concerning Procedural Changes to Strengthen the Criminal Laws, summarized the bill's provisions. Committee members were provided with a memorandum prepared by Legislative Council Staff regarding the revised fiscal impact associated with Amendment L.007 (Attachment D), and Amendments L.007 (Attachment E), L.010 (Attachment F), L.013 (Attachment G), and L.008 (Attachment H).

The following people testified on the bill:

03:53 PM --
Mr. Bob Grant, representing the Colorado District Attorney's Council, spoke in support of the bill. He responded to questions from the committee regarding the use of information that is discovered as a result of a waiver. Mr. Grant walked the committee through several sections of the bill.

04:02 PM --
Mr. Mitch Morrissey, representing the Colorado District Attorney's Council, spoke in support of Section 4 of the bill (permits testimony by closed circuit television for children under the age of 12 or developmentally disabled persons) and explained why it was necessary.









04:05 PM --
Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, spoke in opposition to the bill. She voiced two concerns with the bill, specifically Section 4 of the bill and page 9, line 11, of the bill through page 10, line 8, of the bill (permits defendants to submit DNA evidence at a preliminary hearing). Ms. Cain answered questions from the committee.

04:14 PM --
Mr. Grant returned to the table to discuss Sections 6 and 7 of the bill (clarifies where violations of restraining orders or bail bonds may be addressed) and spoke to issues raised in Ms. Cain's testimony. Discussion ensued regarding these issues.

04:26 PM -- Ms. Eva Wilson, representing the Colorado District Attorney's Council, spoke in support of the bill. She discussed the rape shield provisions in Section 5 of the bill and described some problems with expanding the law in this area.

04:32 PM --
Mr. George Boyle, representing the Colorado Municipal Judges Association and the Colorado Municipal League, spoke in opposition to Amendment L.010 and explained his position.

04:36 PM --
Ms. Marcia Levy, representing the Student Law Office at the University of Denver Law School, spoke in favor of the bill and amendments.

04:43 PM --
Ms. Megan Downing, representing the Criminal Representation Project at the University of Denver (DU) Law School, spoke about her experience in the DU clinical program and spoke in support of the bill and Amendment L.010.

04:47 PM -- Ms. Anne Munch, representing the Colorado Organization for Victim's Assistance and the Colorado Coalition Against Sexual Assault, spoke in favor of the bill. She discussed Section 5 of the bill and described its impact on victims.

04:55 PM --
Mr. John Springer, representing himself, spoke in favor of the bill.

04:58 PM -- Mr. Grant stated that the Colorado District Attorney's Council does not support Amendment L.010.






















04:59 PM

The chairman closed the public testimony portion of the hearing, and the committee began considering amendments.
BILL:SB05-138
TIME: 04:59:26 PM
MOVED:Carroll T.
MOTION:Move Amendment L.007 (Attachment E). The motion passed without objection.
SECONDED:McGihon
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB05-138
TIME: 05:01:19 PM
MOVED:Judd
MOTION:Move Amendment L.008 (Attachment H). The motion passed without objection.
SECONDED:Carroll T.
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




BILL:SB05-138
TIME: 05:02:28 PM
MOVED:Carroll T.
MOTION:Move Amendment L.013 (Attachment G). The motion passed without objection.
SECONDED:Carroll M.
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB05-138
TIME: 05:03:45 PM
MOVED:Carroll T.
MOTION:Move Amendment L.010 (Attachment F). The motion carried on a vote of 8-2-1.
SECONDED:Brophy
VOTE
Boyd
Yes
Brophy
Yes
Decker
No
Harvey
Yes
Hefley
Excused
Jahn
Yes
Judd
No
Kerr
Yes
McGihon
Yes
Carroll M.
Yes
Carroll T.
Yes
Not Final YES: 8 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS

Prior to the vote, the committee discussed concerns with Amendment L.010.









BILL:SB05-138
TIME: 05:07:58 PM
MOVED:Judd
MOTION:Sever Amendment L.010 into two sections. After Representative Judd described the proposed sections, the chair ruled that the amendment was not severable.
SECONDED:
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE
BILL:SB05-138
TIME: 05:19:27 PM
MOVED:Carroll T.
MOTION:Amend the reengrossed bill on page 4, line 27, strike "18-1-403 (2)" and substitute "18-1-417". The motion passed without objection.
SECONDED:Judd
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection








BILL:SB05-138
TIME: 05:20:21 PM
MOVED:Harvey
MOTION:Refer SB 05-138, as amended, to the Committee of the Whole. The motion carried on a vote of 9-1-1.
SECONDED:Carroll T.
VOTE
Boyd
Yes
Brophy
Yes
Decker
No
Harvey
Yes
Hefley
Excused
Jahn
Yes
Judd
Yes
Kerr
Yes
McGihon
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES: 9 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS


05:21 PM

The chairman reminded the committee that it would hear HB 05-1287 on Tuesday, March 29, and that the committee would visit the state mental hospital in Pueblo on Thursday, March 31. The committee then adjourned.