J_MICJS_2017A 11/01/2017 09:10:08 AM Committee Summary

09:11 AM -- Update of Advisory Task Force Recent Activities



Camille Harding, chair of the Treament of Mental Health Disorders in the Criminal and Juvenile Justice Systems Task Force (Task Force), gave an update on recent Task Force activities. She also explained the Task Force's votes on the proposed bill drafts, included in the Task Force's October minutes (Attachment A). For Bill 1, 10 Task Force members voted for the bill, 1 Task Force member abstained, and no Task Force members opposed the bill. For Bill 2, 0 Task Force members voted for the bill; 6 Task Force members abstained, and 10 Task Force members opposed the bill. For Bill 3, 0 Task Force members voted for the bill; 6 Task Force members abstained, and 10 Task Force members opposed the bill. For Bill 4, the Task Force was generally in favor of the bill. For Bill 5, the Task Force was generally in favor of the bill. For Bill 6, 0 Task Force members voted for the bill, 7 Task Force members abstained, and 9 Task Force members opposed the bill.



17MHDCJS1101AttachA.pdf























Ms. Harding also spoke about candidates for the Task Force vacancy for a practicing mental health professional. She will distribute their resumes over email. The current Task Force member list was distributed to the committee (Attachment B).



17MHDCJS1101AttachB.pdf



09:15 AM



Representative Benavidez spoke about the process by which Task Force votes on bill drafts. Ms. Harding responded to Representative Benavidez's questions. The committee members discussed the Task Force process.





09:31 AM



Senator Fields asked Ms. Harding about the demographic makeup of the Task Force. Ms. Harding explained that the Task Force does not collect personal demographic information. Ms. Harding also spoke about the challenges the Task Force faces when trying to find viable candidates to fill vacancies.





09:40 AM -- Bill 1



Representative Singer explained Bill 1. The bill defines mental and developmental disabilities, competent to proceed, incompetent to proceed, and mental capacity in the children's code. Bill 1 also defines a restoration to competency hearing and specifies that the determination of a juvenile's competency must include an evaluation of developmental disabilities, mental disabilities, and mental capacity. The bill also states that age alone cannot be a determining factor of juvenile incompetency without a finding that the juvenile lacks relevant competence. Under current law, if the court orders a competency evaluation, the evaluation must be conducted in the least restrictive environment possible while taking public safety and the juvenile's best interests into account. Bill 1 specifies that the evaluation can occur in the home or in a community placement, if appropriate.



Jennifer Longtin, Sheri Danz, and Bill Martinez, representing the Task Force, answered committee members questions regarding definitions in Bill 1. Ms. Danz gave historical context, explaining that Bill 1 is a modified version of HB 15-1025.





09:46 AM



Representative Benavidez asked questions about the bill's definition of developmental disability. Mr. Martinez distributed two handouts. (Attachment C and D).



17MHDCJS1101AttachC.pdf 17MHDCJS1101AttachD.pdf



















09:49 AM -- Bill 6



Christy Chase, Office of Legislative Legal Services, addressed the committee to explain the similarities between Bill 6 and the Opioid & Other Substance Use Disorders Committee's Bill 4 and provided the bill summary to that bill (Attachment E).



17MHDCJS1101AttachE.pdf



10:02 AM -- Bill 1



Ms. Longtin, Ms. Danz, Ms. Harding, and Mr. Martinez returned to the table.



10:03 AM -- Ms. Longtin and Ms. Danz answered committee questions.





10:07 AM



Representative Singer distributed amendment 4 to Bill 1 (Attachment F).



17MHDCJS1101AttachF.pdf

Bill 1 will be introduced first in the House; House prime sponsor will be Representative Singer and Senate prime sponsor will be Senator Fields. Representative Benavidez and Senator Martinez Humenik will be co-sponsors.





10:18 AM -- Bill 2



Senator Fields explained Bill 2. The bill adds jails approved by the executive director of the Department of Human Services (DHS) to the definition of "facility" in Article 65 of Title 27, which is the section of the state law governing the care and treatment of persons with mental health disorders.



10:19 AM -- Riley Kitts, representing DHS, testified in a neutral capacity.





10:20 AM



Representative Benavidez asked why the bill concept is limited to pilot programs. Senator Martinez Humenik addressed the advisability of a conceptual amendment at this stage. Committee members continued to discuss the bill and whether the issue could be more fully examined by stakeholders if the interim bill were not to proceed.





10:31 AM



Ms. Harding returned to the table to explain the Task Force's examination of this bill. She explained that some Task Force members expressed concern regarding civil liberties and transfers to jail and the impact of limitations on access to medications. Task Force members want to understand the process in county jails, and ensure that the process is responsive to health care needs.



10:34 AM -- Gina Shimeall, representing herself, testified against the bill and agreed with Ms. Harding's characterization of the Task Force opinions on the bill.

10:40 AM



Senator Fields explained that she would not move forward with the bill.





10:41 AM -- Bill 3



Bill 3 requires a court that is determining the place where competency restoration services are to be provided to give priority to the place where the defendant is in custody at the time of the determination, when clinically appropriate. If a determination is made to provide competency restoration in a jail, DHS will provide competency education services.



Senator Cooke explained that he would not move forward with the bill.





10:42 AM -- Bill 4



Senator Martinez Humenik presenetd Bill 4. Senate Bill 17-021 created a one-time General Fund transfer of unspent community corrections funding in the Department of Public Safety (DPS) to the Housing Assistance for Persons Transferring from Incarceration Cash Fund in the Department of Local Affairs (DOLA). Bill B continues this transfer of unspent community corrections funds to DOLA indefinitely.



Bill Zepernick, Legislative Council Staff, explained the fiscal note for Bill 4.





























10:48 AM



Senator Fields asked about the transfer of funds in this bill in the context of Senate Bill 17-021. Committee members discussed the impact of SB 17-021.



10:59 AM -- Alison George, Director of the Division of Housing, Department of Local Affairs, answered committee questions regarding the fiscal note.

Bill 4 will be introduced first in the Senate; Senate co-prime sponsors will be Senator Martinez Humenik and Senator Fields and House prime sponsor will be Representative Singer .





11:04 AM -- Bill 5



Senator Fields presented Bill 5 to the committee, along with amendment 1 (Attachment G). Bill 5 requires a landlord to provide each prospective tenant with written notice of the landlord's tenant selection criteria, and the grounds upon which a rental application may be denied before accepting an application or collecting an application fee. The notice must state the amount of the application fee, which must be uniform for all applicants. Bill C also defines a violation of these requirements as a deceptive trade practice.



17MHDCJS1101AttachG.pdf































11:06 AM



Ms. Longtin and Ms. Shimeall returned to answer questions regarding the amendment. They also provided several handouts (Attachments H, I, J, and K). Ms. Shimeall explained that the Task Force supported the amendment. Representative Benavidez asked whether the Task Force had solicited input from external sources. Ms. Shimeall explained that the Housing Subcommittee did reach out to the Apartment Association; as well as to Colorado Policy, and 9 to 5 Colorado. Committee members asked follow up questions and discussed the bill's timeline.



17MHDCJS1101AttachH.pdf 17MHDCJS1101AttachI.pdf



17MHDCJS1101AttachJ.pdf 17MHDCJS1101AttachK.pdf



11:13 AM



Senator Fields asked about current practice around background checks. Ms. Longtin explained that the bill not only establishes a cap on background checks but also creates a definition of criminal history for the purposes of housing background checks.



11:14 AM -- Andrew Hamrick, representing himself, testified against the bill. He is also a member of the board of the Colorado Apartment Association.





11:29 AM



Duane Gall, Office of Legislative Legal Services, answered committee questions.



11:29 AM -- Erin Goff, representing the Colorado Apartment Association, testified against the bill. Ms. Goff and Mr. Hamrick continued to answer committee questions.

Bill 5 will be introduced first in the House; House prime sponsor will be Representative Singer and Senate prime sponsor will be Senator Fields.





11:52 AM -- Bill 6



Representative Benavidez presented Bill 6. The bill requires the Department of Corrections (DOC) to track data on inmates who are not receiving mental health treatment specified in their rehabilitation report and to develop incentive plans to attract additional mental health providers to the geographic areas where inmates are not receiving treatment and services. Incentives may include additional fees, travel reimbursement, bonuses, and other financial incentives. The DOC must report annually to the Joint Budget Committee each December 1, starting in 2019, on the number of inmates requiring treatment and services provided by a mental health professional and the number of inmates unable to receive these services, both statewide and for any area for which an incentive plans is developed. The DOC must also report specific details about incentive plans developed under Bill D, including measures of their effectiveness.











11:56 AM



Jane Ritter, Office of Legislative Legal Services, answered committee questions.





11:58 AM



Bill Zepernick, Legislative Council Staff, answered questions about the fiscal note.



11:59 AM -- Ms. Harding and Ms. Shimeall returned to answer committee questions regarding the Task Force's process going forward and their willingness to consider the underlying concept of the bill. The committee members continued to discuss the bill.

Bill 6 will be introduced first in the House; House prime sponsor will be Representative Benavidez and Senate prime sponsor will be Senator Fields. Representative Singer will be a co-sponsor.





12:07 PM



The meeting adjourned.