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I_MICJS_2023A 07/27/2023 12:32:03 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
INTERIM COMMITTEE  TREATMENT OF PERSONS WITH BEHAVIORAL HEALTH DISORDERS IN THE CRIMINAL AND JUVENILE JUSTICE SYSTEMS
Date 07/27/2023
Attendance
Bradfield E
English X
Fields X
Pelton R. *
Rodriguez X
Amabile X
Time 12:32:03 PM to 03:46:28 PM
Place HCR 0112
This Meeting was called to order by Amabile
This Report was prepared by Adam Alemzada
Hearing Items Action Taken
Call to Order and Introductions Committee Discussion Only
Presentation on the National Competency Crisis and the Colorado Experience Committee Discussion Only
Crisis Services Overview Committee Discussion Only
Inmate Maternal Health Recommendations Committee Discussion Only
Update on Legislative Recommendations from the Task Force and Subcommittees Committee Discussion Only
Update on Behavioral Health Services and Benefits Committee Discussion Only
Task Force Appointments Committee Discussion Only
Public Comment Committee Discussion Only
Other Business and Next Steps Committee Discussion Only

Call to Order and Introductions - Committee Discussion Only


12:32:20 PM  
Representative Amabile, Chair, gave opening remarks to the committee.



Presentation on the National Competency Crisis and the Colorado Experience - Committee Discussion Only


12:33:04 PM  

Dr. Daniel Murrie, University of Virginia, and Dr. Neil Gowensmith, University of Denver, introduced themselves and presented on the national "competency" crisis. They discussed the role of misdemeanor charges in the competency crisis, the rise of incarceration over hospitalization, the need for increased restoration capacity, and recent legislation that has worked well to address these issues.



Dr. Gowensmith discussed their recommendations to further address competency proceedings.  



The presentation can be found here: https://leg.colorado.gov/sites/default/files/images/7.27.23_co_legislative_taskforce_presentation.pdf

12:51:52 PM  

Dr. Murrie and Dr. Gowensmith responded to questions from the committee on the systemic changes needed to fully address the competency crisis in Colorado.  Further questions were asked about the consequences of having such a high volume of people who are inappropriately incarcerated.  Discussion followed about the need for more alternatives to incarceration, recidivism rates of the different treatment protcols, and the timeline for civil treatment options.



Crisis Services Overview - Committee Discussion Only


01:13:30 PM  

Ryan Templeton, Division Director, Policy and External Affairs, Colorado Behavioral Health Administration (BHA) presented about the BHA.  He presented on their core priorities, the role and benefits of the Behavioral Health Administrative Services Organizations (BHASO), the timeline for BHASO contract cycles, the care coordination structure, and how the BHA is meeting its statutory charges.



The presentation can be found here:
https://leg.colorado.gov/sites/default/files/images/7.27.23_bha_system_slides_tx_of_persons_w_bhdcjs_interim_committee.pdf

01:27:14 PM  

Mr. Templeton responded to questions from the committee on the BHA's leadership structure, workforce development initiatives, outreach strategies to connect with people of color, and coordination with Medicaid. Discussion followed about care coordination. 



Inmate Maternal Health Recommendations - Committee Discussion Only


01:43:03 PM  
Stuart Jenkins, Advisory
Task Force Co-Chair, spoke on behalf of Adrienne Sanchez from the Department
of Corrections.  He discussed recommendations to improve the maternal
health of inmates. These recommendations include financial support, pairing
inmates with female specific programs, legislative support for the Department
of Human Services to enter prisons, sober living style facilities for women
with children, pre-release familial reconnection, and post-release familial
support.



Update on Legislative Recommendations from the Task Force and Subcommittees - Committee Discussion Only


01:48:57 PM  
Stuart Jenkins, Advisory
Task Force Co-Chair, and Dr. Erin Crites, Task Force Member, presented
on the changes to the task force's leadership and on the task force's recommendations.



Mr. Jenkins discussed the task force's consolidated recommendations, which
include measures related to competency, strengthening Colorado's response
to behavioral health crises, restricting the use of dispensary cannabis
for those on probation while in court-ordered treatment, and the rights
of individuals with behavioral health disorders in the criminal justice
system.




The task force's
recommendations can be found here:
https://leg.colorado.gov/sites/default/files/images/consolidated_task_force_recommendations.pdf
01:54:05 PM  

Mr. Jenkins and Dr. Crites responded to questions from the committee about the medical marijuana legislative recommendation. Further questions were raised about healthcare providers access to information about a patient's warrent status.



Update on Behavioral Health Services and Benefits - Committee Discussion Only


02:09:25 PM  

Cristen Bates, Director, Office of Medicaid and CHP+ Behavioral Health Initiatives and Coverage, Colorado Department of Health Care Policy and Financing (HCPF), and Hannah Hall, Criminal Justice Policy Advisor, HCPF, presented about  investments in behavioral health transformation and expansion, the new federal guidance on waivers and how that affects reimbursements, health related social needs, and the benefits of Permanent Supportive Housing (PSH).



The presentation can be found here:
https://leg.colorado.gov/sites/default/files/images/hcpf_presentation_for_bhdcjs_oversight_committee_july_2023.pptx_.pdf

02:28:31 PM  
Director Bates responded
to questions from the committee on the funding, demand, and selection process
of the PSH program.



Task Force Appointments - Committee Discussion Only


02:43:51 PM  

Stuart Jenkins, Advisory Task Force Co-Chair, discussed the task force member appointment process. He presented background information about the candidate to fill the position that represents a parent of a child with a behavioral health issue involved in the criminal justice system.   



02:48:30 PM
Motion Appoint Marji Dainty to the Advisory Task Force
Moved Rodriguez
Seconded Fields
Bradfield Excused
English Yes
Fields Yes
Pelton R. Yes
Rodriguez Yes
Amabile Yes
YES: 5   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS
02:48:35 PM  
Mr. Jenkins discussed
the need to replace Dr. Dave Iverson and asked the committee for recommendations.

The committee
recommended that Dr. Iverson be replaced with another psychologist.



Public Comment - Committee Discussion Only


02:51:04 PM  

Amanda Edwards, Director of Forensic Services, Office of Civil and Forensic Mental Health (OCFMH), responded to questions from the committee on the need to re-evaluate cases prior to restoring competency, the state of evaluaees during an evaluation, and the current authorization process to get a re-evaluation approved.

03:01:05 PM  
James Karbach, Colorado
State Public Defender, responded to questions from the committee on the
re-evaluation process for restoring competency.
03:18:45 PM  

Mr. Karbach testified about competency, forced treatment, and voluntary treatment systems. He responded to questions from the committee on the disconnect between the statutory timeline for treatment and the timeline that occurs in practice.

03:25:42 PM  
Meghan Baker, representing
Disability Law Colorado, testified regarding recommendations to address
the competency crisis.



Other Business and Next Steps - Committee Discussion Only


03:37:58 PM  
The committee and
task force discussed potential additional committee meetings and decided
upon an additional meeting in August or September.


03:46:28 PM   The committee adjourned.






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