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S_JUD_2016A 03/30/2016 01:34:54 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON JUDICIARY

Date: 03/30/2016
ATTENDANCE
Time: 01:34 PM to 04:13 PM
Aguilar
X
Cooke
X
Place: RM 271
Merrifield
*
Lundberg
X
This Meeting was called to order by
Roberts
X
Senator Roberts
This Report was prepared by
Conrad Imel
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB16-146

SB16-169

SB16-164

HB16-1153
Laid Over

Amended, Referred to the Committee of the Whole

Referred to the Committee of the Whole

Referred to the Committee of the Whole - Consent Calendar





01:35 PM -- SB16-146



Senator Roberts, chair, called the committee to order. A quorum was present. Senator Roberts announced that Senate Bill 16-146, concerning modernizing statutes related to sexually transmitted infections, would be laid over for action only at a future meeting.





01:35 PM -- SB16-169



Senator Martinez Humenik and Senator Cooke, co-prime sponsors, presented Senate Bill 16-169, concerning changes related to the seventy-two-hour emergency mental health procedure. Senator Cooke explained the genesis of the bill and the bill's provisions. Senator Martinez Humenik discussed the facilities available for treating mental health concerns, and effect of the bill. Senator Aguilar and the bill sponsors discussed the bill.





01:45 PM



Senator Aguilar and the bill sponsors continued to discuss provisions of the bill.



01:52 PM --
Delta County Sheriff Fred McKee, Mr. Chris Johnson, and Ms. Katherine Mulready came to the table as a panel. Sheriff McKee, representing the Delta County Sheriff's Office, testified in support of the bill. Sheriff McKee responded to questions Senator Aguilar asked of the bill sponsors during opening remarks. He also explained existing procedures and his reasons for supporting the bill.



















01:57 PM --
Mr. Chris Johnson, representing the County Sheriffs of Colorado, testified in support of the bill. Mr. Johnson discussed detaining those with health concerns.



02:00 PM --
Ms. Katherine Mulready, representing the Colorado Hospital Association, testified in support of the bill. Ms. Mulready discussed existing health care procedures for treating persons with psychiatric emergencies. Ms. Mulready responded to questions from the committee. Senator Martinez Humenik responded to a question.



Sheriff McKee responded to a question about treatment in rural areas.





02:10 PM



Mr. Johnson commented on treatment in rural areas.



02:13 PM --
Ms. Leslie Darrow, representing herself, testified in opposition to the bill. Ms. Darrow discussed her experience of being detained, and the health effects she suffered as a result of confinement.



02:20 PM --
Ms. Jennifer Hill, representing the Colorado Mental Wellness Network, testified in opposition to the bill. Ms. Hill discussed her experience with treatment, and options for detaining those with mental health conditions. Ms. Hill responded to a question from Senator Merrifield.



02:25 PM --
Ms. Kelsey Meredith, representing Disability Law Colorado, testified in opposition to the bill. She spoke favorably of forthcoming amendments, and discussed her concerns with the bill.



02:29 PM --
Ms. Alison Canjar, representing herself, testified in opposition to the bill. She discussed her experience with her son's mental illness.



02:33 PM --
Ms. Moe Keller, representing Mental Health Colorado, testified in opposition to the bill. Ms. Keller discussed the sections of the bill she opposes. She also explained amendments she would like to see made to the bill. Ms. Keller responded to a question from Senator Lundberg.





02:43 PM



Ms. Keller continued to respond to questions from the committee. Committee members discussed their positions on the bill.





02:53 PM



Ms. Keller continued to respond to committee questions concerning the issues raised by the bill and potential amendments. Senator Martinez Humenik commented on the work of the Mental Illness in the Criminal Justice System Task Force.



02:59 PM --
Ms. Valerie Schlecht, representing the Colorado Cross-Disability Coalition, testified in opposition to the bill. Ms. Schlecht discussed the provisions of the bill she opposes, and civil rights concerns with the bill. She also discussed her experience being detained.















03:03 PM --
Mr. Larry Krause, representing the National Alliance of Mental Illness of Colorado, testified in opposition to the bill. He discussed his experience being detained.



03:05 PM --
Dr. Patrick Fox, representing the Colorado Department of Human Services, testified on the bill from a neutral position. He discussed his concerns with the bill and amendments he would like to see made to the bill. Dr. Fox responded to questions from the committee.



03:17 PM --
Ms. Gail Finley, Dr. John Woodland, and Ms. Kelly Erb came to the table to testify as a panel. Ms. Erb, representing the Colorado Rural Health Center, testified in support of the bill. She stated her position and read testimony from another person.



03:22 PM --
Dr. John Woodland, representing himself, testified in support of the bill. Dr. Woodland discussed his experiences working with those with mental disabilities. He responded to questions from the committee.



03:27 PM --
Ms. Gail Finley, representing the Colorado Hospital Association, testified in support of the bill. She discussed issues with existing law, current practices, and the benefits of the bill.



03:30 PM --
Mr. Frank Cornelia, representing the Colorado Behavioral Health Council, testified in support of the bill. He stated support for the bill, but that he would prefer better alternatives, including increased beds for those with mental illness. He responded to questions from the committee.





03:36 PM



Senator Cooke distributed, and he and Senator Martinez Humenik explained, amendment L.004 (Attachment A). The committee discussed other possible amendments.



16SenateJud0330AttachA.pdf16SenateJud0330AttachA.pdf



03:45 PM



Senator Lundberg distributed and explained amendment L.005 (Attachment B). Senator Aguilar distributed and explained amendment L.006 (Attachment C). The committee discussed the amendments.



16SenateJud0330AttachB.pdf16SenateJud0330AttachB.pdf 16SenateJud0330AttachC.pdf16SenateJud0330AttachC.pdf





Senator Martinez Humenik and Senator Cooke provided closing remarks on the bill.


















BILL: SB16-169
TIME: 03:52:01 PM
MOVED: Cooke
MOTION: Adopt amendment L.004 (Attachment A). The motion passed without objection.
SECONDED:
VOTE
Aguilar
Cooke
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB16-169
TIME: 03:52:14 PM
MOVED: Lundberg
MOTION: Adopt amendment L.005 (Attachment B). The motion passed without objection.
SECONDED:
VOTE
Aguilar
Cooke
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection






































BILL: SB16-169
TIME: 03:52:27 PM
MOVED: Aguilar
MOTION: Adopt amendment L.006 (Attachment C). The motion passed without objection.
SECONDED:
VOTE
Aguilar
Cooke
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





03:52 PM



Senator Aguilar commented on the bill.

BILL: SB16-169
TIME: 03:53:53 PM
MOVED: Cooke
MOTION: Refer Senate Bill 16-169, as amended, to the Committee of the Whole. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Aguilar
Yes
Cooke
Yes
Merrifield
Yes
Lundberg
Yes
Roberts
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

































03:55 PM -- SB16-164



Senator Cooke, sponsor, presented Senate Bill 16-164, concerning clarification that a private probation supervision provider can file legal process against a probationer under his or her supervision. Senator Cooke responded to questions regarding private probation supervision.



03:58 PM --
Ms. Heather Garwood, representing the Colorado Judicial Department, testified in support of the bill. She discussed existing law and current practices regarding private probation supervision services. She responded to questions regarding the practice of private probation supervision.





04:07 PM



Senator Cooke provided closing remarks on the bill. The committee discussed the bill and private probation supervision.

BILL: SB16-164
TIME: 04:10:46 PM
MOVED: Cooke
MOTION: Refer Senate Bill 16-164 to the Committee of the Whole. The motion passed on a vote of 3-1.
SECONDED:
VOTE
Aguilar
Excused
Cooke
Yes
Merrifield
No
Lundberg
Yes
Roberts
Yes
Final YES: 3 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS













































04:11 PM -- HB16-1153



Senator Cooke, sponsor, presented House Bill 16-1153, concerning the annual date by which the General Assembly receives a report regarding outcomes of decisions made by the State Board of Parole. No witnesses testified on the bill.

BILL: HB16-1153
TIME: 04:12:33 PM
MOVED: Cooke
MOTION: Refer House Bill 16-1153 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 4-0.
SECONDED:
VOTE
Aguilar
Excused
Cooke
Yes
Merrifield
Yes
Lundberg
Yes
Roberts
Yes
Final YES: 4 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS





04:13 PM



The committee adjourned.


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