Final
BILL SUMMARY for HB05-1090

HOUSE COMMITTEE ON JUDICIARY

Votes:
Action Taken:
Move Amendment L.001 (Attachment G). The motion p
Refer HB 05-1090, as amended, to the Committee on 		Pass Without Objection
PASS


03:15 PM -- House Bill 05-1090

Representative T. Carroll, the prime sponsor of HB 05-1090, Concerning a Requirement That Mental Health Institutions Provide Written Notice to Certain Committed Defendants of Their Right to a Release Hearing, summarized the bill's provisions and explained why the bill was necessary. He stated that the bill does not expand a patient's rights.

The following people testified on the bill:

03:19 PM -- Mr. Matt Flora, representing the Department of Human Services, answered questions about the fiscal impact of the bill. He clarified that the bill does not expand the patient's rights but does require that patients be notified of their right to a hearing. Committee members were provided with Amendment L.001 (Attachment G).

03:25 PM -- Mr. David Kaplan, representing the Office of the State Public Defender, answered questions from the committee regarding the fiscal impact of the bill. It was his belief that the bill does not expand patients' rights. Discussion ensued regarding cost savings for released patients.

03:34 PM -- Mr. John Evermann, Fiscal Analyst, Legislative Council Staff, answered questions form the committee regarding the fiscal note.

03:39 PM -- Ms. Connie Talmage, representing the Colorado Lawyers Committee, spoke in support of the bill. She described the work of the Colorado Lawyers Committee in the area of representing persons who are committed to the state hospital after pleading not guilty by reason of insanity.

03:40 PM -- Ms. Laura Bottaro, representing the law firm of Hill & Robbins and the Colorado Lawyers Committee, spoke in support of the bill. She stated that, from her experience working with patients over the last four years, the patients are not aware of their right to request a release hearing. She explained the implications of an indeterminate sentence in light of a patient's mental health needs. She responded to questions from the committee regarding resources available to the patients to become knowledgeable of their release options. The bill sponsor added that persons incarcerated in the Department of Corrections are notified of their eligibility for a parole hearing. The committee continued to discuss these issues further.

03:55 PM -- Ms. Iris Eytan, representing the law firm of Hoffman, Reilly, Pozner, & Willliamson and the Colorado Lawyers Committee, spoke in support of the bill. She reiterated that patients at the state hospital are not aware of their rights, and described a current case that she is handling. She then answered questions from the committee about her testimony.


04:01 PM

 The chairman closed the public testimony portion of the hearing, and the committee began considering amendments.
BILL:HB05-1090
TIME: 04:02:03 PM
MOVED:Carroll T.
MOTION:Move Amendment L.001 (Attachment G). The motion passed without objection.
SECONDED:Decker
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Jahn
Judd
Kerr
Excused
McGihon
Excused
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


04:04 PM

Committee members commented on the bill.
BILL:HB05-1090
TIME: 04:06:26 PM
MOVED:Carroll T.
MOTION:Refer HB 05-1090, as amended, to the Committee on Appropriations. The motion carried on a 9-0-2 vote.
SECONDED:Harvey
VOTE
Boyd
Yes
Brophy
Yes
Decker
Yes
Harvey
Yes
Hefley
Yes
Jahn
Yes
Judd
Yes
Kerr
Excused
McGihon
Excused
Carroll M.
Yes
Carroll T.
Yes
Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS



04:07 PM

The committee adjourned.