Final
Overview of Task Force Business

TREATMENT OF PERSONS WITH MENTAL ILLNESS IN THE CRIMINAL JUSTICE SYSTEM

Votes:
Action Taken:
Draft legislation based on Recommendation 2, (page
Draft legislation based on Recommendations 1a and 		Pass Without Objection
Pass Without Objection


09:34 AM -- Overview of Task Force Business

The committee came to order. Attendance was taken, and a quorum was present. Representative Cheri Jahn, chair, welcomed the committee and distributed a letter about the committee procedures (Attachment A). Mr. Ray Slaughter, Director of the Department of Public Safety, Division of Criminal Justice, and chair of the task force, introduced task force members who were present, including Ms. Debra Kupfer, Ms. Susan Colling, Dr. Harriet Hall (vice-chair of the task force), and Ms. Christine Highnam. Representative Jahn spoke about the committee and its charge, and spoke of her plan to meet as a committee at least two more times this year.

Mr. Slaughter and Dr. Hall, CEO of the Jefferson Center for Mental Health, came to the table to update the committee on task force meetings and business in 2004 and 2005. Committee members were provided with a memorandum about Senate Bill 04-037, prepared by Legislative Council Staff (Attachment B), Senate Bill 04-037 (Attachment C), an issue brief on the problem of mental illness in the justice system, prepared by Legislative Council Staff (Attachment D), a memorandum describing issues and outcomes of the work of the task force and oversight committee since its inception in 1999, prepared by Legislative Council Staff (Attachment E), the juvenile justice framework developed by the task force (Attachment F), and a letter of recommendation from Attorney General John Suthers for Ms. Jeanne Smith to be appointed to fill a vacancy for the Department of Law on the task force (Attachment G).

Mr. Slaughter gave a brief history of the task force's work over the years and discussed the mandates laid forth in the authorizing legislation (Senate Bill 04-037) for the task force, including a five-year work plan. He spoke about the competency legislation that was recently passed as a result of the task force's work (House Bill 05-1034). He noted that the task force has a broad charge that includes many issues for study over the next four years. He then discussed Attachment E, starting on page 3, highlighting the development of Crisis Intervention Training (CIT), community-based intensive treatment management programs, interagency screening, and juvenile competency. He described the expertise represented on the task force and underscored the productivity of the task force's monthly meetings, noting that many solutions to problems associated with the problem of mental illness in the justice system have been addressed non-legislatively, such as starting to establish mental health courts.


09:47 AM

Dr. Hall discussed the development of a new pilot program for parolees with serious mental illness who are transitioning out of the Colorado Department of Corrections into Jefferson County. She listed several multi-agency partners in the program, and spoke about how federal funding was secured to help fund the program. Mr. Slaughter noted the engagement and industry of the task force on this issue. Mr. Slaughter briefed the committee on its most recent work at the June 23 and July 28 meetings. He then invited three individuals to join him and Dr. Hall at the table and review the task force's recommendations regarding the juvenile justice framework.


09:54 AM

Ms. Pilar Ingargiola, Consultants for Systems Integration (CSI), Ms. Jewlya Lynn, CSI, and Ms. Emily Stoddard, Colorado Federation of Families for Children's Mental Health, came to the table. Ms. Ingargiola described how information was collected through focus groups, surveys, best-practices research, and discussions with the juvenile justice subcommittee and task force in order to develop a framework for addressing juveniles with mental illness in the justice system. Ms. Ingargiola spoke about the focus groups, and Ms. Lynn discussed the surveys. Ms. Ingargiola described how CSI compiled the information to create the framework and present it to the task force to enable the group to have a roadmap for addressing this issue. Ms. Lynn described how the recommendations are grouped in the report according to contexts of need (i.e., within families, systems, and communities) and systems (e.g., structure, services, and outcomes), and then talked about the legislative recommendations in Attachment F, starting on page 4.


10:06 AM

Ms. Ingargiola discussed the legislative recommendations on pages 9 through 16 of Attachment F. She explained that private health insurance providers are not required to cover court-ordered mental health treatment for juveniles, even if such mental health services would normally be covered under the juvenile's policy. This is also an issue for youth who are covered by Child Health Plan Plus (CHP+) because it is a public-private health insurance program. Ms. Ingargiola described Colorado legislation that was adopted in 2002 to require providers to cover court-ordered treatment for substance abuse, and subsequent attempts of the task force to pass legislation that would have required coverage of court-ordered mental health treatment (Senate Bill 03-003). She explained that not all stakeholders were invited to the table to draft Senate Bill 03-003 and, consequently, the legislation failed. Senator Takis spoke about testimony on Senate Bill 03-003 and why it failed. She asked if there had been consideration of having health insurance providers pool funds to help pay for court-ordered mental health treatment. Senator Windels commented further.


10:13 AM

Ms. Ingargiola continued by commenting on similar legislation in other states and the pending Health Insurance Flexibility and Accountability (HIFA) waiver process changes. Mr. Slaughter continued on page 11 of Attachment F, and presented Recommendation 1a: the task force and oversight committee should: (1) work with the Office of Legislative Legal Services to draft a bill to make sure that court-ordered mental health treatment is covered by insurance policies; and (2) facilitate a dialogue about this issue and legislative proposal with representatives from several agencies from the public and private sector (including representatives of the Governor's office, the Department of Regulatory Agencies, Health Insurance Portability and Accountability Act (HIPAA), HIFA, child welfare groups, and family advocacy groups). He presented Recommendation 1b: the task force and the oversight committee should provide testimony at meetings of the Health Care Task Force and/or the Joint Health and Human Services (HHS) hearings about changes to the HIFA waiver to make sure that any HIFA waiver changes ensure coverage of court-ordered mental health treatment. Dr. Hall spoke about the HIFA waiver process and noted that the Joint HHS committee's discussions will be wrapped up by the end of August. Discussion ensued regarding court-ordered mental health treatment and the availability of committee members to meet with the Joint HHS committee at its August 9 or August 26 meetings. The decision was made to coordinate with the Joint HHS committee directly to find an appropriate, workable venue for this discussion.
BILL:Overview of Task Force Business
TIME: 10:31:26 AM
MOVED:Takis
MOTION:Draft legislation based on Recommendations 1a and 1b (page 11 of Attachment F, as modified by the task force and presented to the oversight committee). The motion passed without objection. (Pursuant to Senate Bill 04-037, a roll-call vote of the committee was not required).
SECONDED:Solano
VOTE
Kester
Excused
Solano
Stafford
Excused
Takis
Windels
Jahn
Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


10:36 AM

Ms. Stoddard and Ms. Lynn presented background on family advocacy in the juvenile justice system and turned the discussion to Recommendations 2a and 2b, starting on page 15 of Attachment F. Mr. Slaughter presented Recommendation 2: the task force should develop legislation for one of the following, or some combination thereof: (1) pilot projects in local communities (including urban, suburban, and rural communities) that implement family advocacy in a variety of juvenile justice settings; (2) projects that evaluate existing family advocacy efforts; and (3) state-level projects that provide technical assistance to local communities to develop these pilot projects. Mr. Slaughter noted funding considerations, and also asked for permission to have representatives from CSI and task force members meet with OLLS to help draft the bill so that all areas of concern are covered. Senator Windels underscored the focus on family advocacy, and Senator Takis posed questions about related issues in the field of education.
BILL:Overview of Task Force Business
TIME: 10:49:52 AM
MOVED:Windels
MOTION:Draft legislation based on Recommendation 2, (pages 15 and 16 of Attachment F, as modified by the task force and presented to the oversight committee). The motion passed without objection. (Pursuant to Senate Bill 04-037, a roll-call vote of the committee was not required).
SECONDED:Solano
VOTE
Kester
Excused
Solano
Stafford
Excused
Takis
Windels
Jahn
Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection



10:50 AM

Mr. Slaughter noted that Recommendations 3 through 26 in Attachment F would be reviewed and discussed by the task force at its future meetings.


10:53 AM

Committee members reviewed and discussed Attachment G. The chair and vice-chair agreed to appoint Ms. Jeanne Smith to the task force to represent the Department of Law. (Pursuant to Senate Bill 04-037, a roll-call vote of the committee was not required).