Final
BILL SUMMARY for SB05-068

HOUSE COMMITTEE ON JUDICIARY

Votes:
Action Taken:
Refer SB 05-068 to the Committee on AppropriationsPASS


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