Bill Summary for Bill Number HB09-1253

Date: 02/16/2009

Final
BILL SUMMARY for HB09-1253

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Adopt prepared amendment L.001 (Attachment A). Th Adopt prepared amendment L.002 (Attachment B). Th Adopt prepared amendment L.003 (Attachment C). Th Refer House Bill 09-1253, as amended, to the Commi	Pass Without Objection Pass Without Objection Pass Without Objection PASS

01:34 PM -- House Bill 09-1253

Representative Pace, prime sponsor, presented House Bill 09-1253 concerning processes for involuntary mental health treatment for defendants committed under Title 16, Colorado Revised Statutes. The bill clarifies jurisdiction concerning petitions for involuntary treatment of defendants requiring evaluation or restoration to competency. If a defendant is in custody of the Department of Human Services (DHS), the hearing is to be held in the place where the defendant is receiving treatment, i.e., Pueblo County where the Colorado Mental Health Institute (CMHIP) is located. Under current law, the DHS may either file the petition in the court that originally committed the defendant or in the place where the defendant is located, with permission of the original court.

In addition, county jails are authorized to require a defendant who has been committed to the DHS to continue treatment while in a county jail awaiting a court proceeding. If necessary, medical personnel may forcibly administer court-ordered medication to a defendant. Representative Pace distributed prepared amendments L.001 (Attachment A) and L.002 (Attachment B) and the committee discussed the amendments.

01:41 PM -- John DeQuardo, M.D., CMHIP, spoke in support of the bill. Dr. DeQuardo is the superintendent at CMHIP and stated that the bill allows mentally ill individuals to continue treatment. He discussed the benefits of continuity of treatment. He responded to questions from the committee about the best way to provide treatment to mentally ill offenders.

01:44 PM -- Andy Karsian, Colorado Counties, Inc., spoke in support of the bill. Mr. Karsian stated that CCI supports any effort to help sheriffs handle mentally ill offenders in county jails.

01:45 PM -- Kirk Taylor, County Sheriffs of Colorado, spoke in support of the bill. Sheriff Taylor stated that the bill benefits county sheriffs because it eliminates the need for transporting defendants to hearings, which can be dangerous. He is in favor of not creating unfunded mandates for the counties and appreciates the permissive language in the bill regarding the requirement that jails continue court-ordered treatment and medication. The committee discussed provision of services in jails.

01:52 PM -- Mitch Morrissey, Denver District Attorney, spoke in support of the bill. Mr. Morrissey stated that Denver is one of only two districts in the state that does not already use this process. He indicated that the bill will help cases move more quickly through the system.

01:55 PM -- Valerie Corzine, The Legal Center for People with Disabilities and Older People, spoke in support of the bill with prepared amendment L.003 (Attachment C). Ms. Corzine had legal concerns about the bill, but stated that L.003 addresses those concerns.

01:58 PM -- Doug Wilson, Colorado State Public Defender, spoke in support of the bill. Mr. Wilson asked for the committee's support of L.002. He discussed the importance of continuing a course of treatment in cases where an individual is found incompetent to proceed.

02:05 PM -- Tracy Kraft-Tharp, National Alliance on Mental Illness (NAMI)-Colorado, spoke in support of the bill with L.003.

02:05 PM -- Dr. DeQuardo returned to explain the necessity of L.003.


BILL:	HB09-1253
TIME:	02:09:15 PM
MOVED:	Pace
MOTION:	Adopt prepared amendment L.001 (Attachment A). The amendment ensures that CMHIP shares court documents with the appropriate jurisdictions. The motion passed without objection.
SECONDED:	Court
		VOTE
	Apuan
	Court
	Gardner B.
	King
	Miklosi
	Pace
	Roberts
	Ryden
	Waller
	McCann	Excused
	Levy

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1253
TIME:	02:09:57 PM
MOVED:	Pace
MOTION:	Adopt prepared amendment L.002 (Attachment B). The amendment adds an involuntary medication proceeding to the list of proceedings from which evidence of a defendant's mental processes may be inadmissible. The motion passed without objection.
SECONDED:	Apuan
		VOTE
	Apuan
	Court
	Gardner B.
	King
	Miklosi
	Pace
	Roberts
	Ryden
	Waller
	McCann	Excused
	Levy

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1253
TIME:	02:10:21 PM
MOVED:	Pace
MOTION:	Adopt prepared amendment L.003 (Attachment C). The amendment concerns procedures for defendants found incompetent to proceed. The motion passed without objection.
SECONDED:	King
		VOTE
	Apuan
	Court
	Gardner B.
	King
	Miklosi
	Pace
	Roberts
	Ryden
	Waller
	McCann	Excused
	Levy

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1253
TIME:	02:11:00 PM
MOVED:	Pace
MOTION:	Refer House Bill 09-1253, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 9-0, with 2 excused.
SECONDED:	Waller
		VOTE
	Apuan	Yes
	Court	Yes
	Gardner B.	Excused
	King	Yes
	Miklosi	Yes
	Pace	Yes
	Roberts	Yes
	Ryden	Yes
	Waller	Yes
	McCann	Excused
	Levy	Yes

Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS