Date: 02/09/2006

Final
BILL SUMMARY for HB06-1080

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Moved prepared amendment L.001 (Attachment X). Th
Refer the bill to the Committee of the Whole. The		Pass Without Objection
PASS


07:37 PM -- House Bill 06-1080

Representative T. Carroll, bill sponsor, provided an explanation of the provisions of HB 06-1080 to allow psychiatrists and psychologists with experience in forensic psychology to conduct competency proceedings in criminal cases. Current law only allows physicians who specialize in nervous and mental diseases to conduct such proceedings.


07:41 PM

Dave Thomas, Colorado District Attorneys Council, spoke in opposition to the bill. He indicated that the district attorneys believe that, while the current system for determining competency in criminal cases does not work very well, and that while despite the requirements of current law, 43 percent of these examinations are conducted by psychologists, that there are no standards for such examinations. He advocated setting forth standards for these examinations.


07:44 PM

Don Quick, Colorado District Attorneys Council, spoke in opposition to the bill and spoke to the need for standards for examinations for competency. He questioned widening the circle of individuals who can conduct these examinations when there are no standards for conducting them.


07:47 PM

Scott Storey, District Attorney, First Judicial District, spoke in opposition to the bill. He spoke to the 43 percent of examinations being conducted in violation of current law and to the resulting disparate determinations of competency. Mr. Storey responded to a committee question on the differences in qualifications for physicians, psychiatrists, and psychologists and the difference that makes in determining competency and regarding whether the individual who conducts the examination can also provide treatment. Mr. Quick indicated there are several cases in which that has happened. Mr. Storey explained how such cases proceed through the process.


07:54 PM

Dr. Chad Morris, Colorado Psychological Association, spoke in support of the bill. He provided statistics on the number of competency examinations conducted by psychologists and to the qualifications of psychologists to conduct the examinations. He also spoke to the differences in jurisdictions in allowing such examinations by psychologists and to the effect untimely examinations will have on court caseloads and jail backlogs. He indicated the bill does not widen the circle of individuals conducting these examinations, but codifies current practice.


08:01 PM

Dr. Rick Stewart, Colorado Psychological Association, spoke in support of the bill and indicated that over 80 percent of competency examinations are conducted in county jails.


08:02 PM

Dr. Richard Martinez, Colorado Psychiatric Society, spoke in support of the bill, but indicated he does have concerns for the lack of standards for these examinations. He spoke to training forensic psychiatrists receive in conducting the examinations and to the kinds of skills and knowledge sets psychiatrists must have to conduct competency examinations. He suggested the bill's requirements that psychiatrists and psychologists have expertise in forensics actually narrows the pool of individuals who will conduct such examinations.


08:11 PM

Dr. Steve Schonemakers, Colorado Mental Health Institute at Pueblo, spoke in support of the bill. Dr. Shonemakers provided an handout that explained his testimony and support of the bill (Attachment W). He spoke to the numbers of examinations conducted each year and the availability of psychiatrists qualified to conduct these evaluations. He spoke to examination methodology and standards used at the mental health institute and to the training institute psychiatric and psychological staff receive.


08:18 PM

David Kaplan, Colorado Public Defender, spoke in support of the bill. He indicated the need for timely evaluations is the reason for supporting the bill.
BILL:HB06-1080
TIME: 08:20:22 PM
MOVED:Carroll T.
MOTION:Moved prepared amendment L.001 (Attachment X). The motion carried without objection.
SECONDED:Boyd
VOTE
Boyd
Clapp
Decker
Gardner
Hefley
Jahn
Judd
McGihon
Witwer
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


08:21 PM

Representative Carroll provided closing comments on the bill.
BILL:HB06-1080
TIME: 08:22:09 PM
MOVED:Carroll T.
MOTION:Refer the bill to the Committee of the Whole. The motion carried on a 9-1-1 roll call vote.
SECONDED:Jahn
VOTE
Boyd
Yes
Clapp
Yes
Decker
Yes
Gardner
Yes
Hefley
Excused
Jahn
Yes
Judd
Yes
McGihon
Yes
Witwer
No
Carroll M.
Yes
Carroll T.
Yes
Final YES: 9 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS