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S_JUD_2020A 03/11/2020 01:34:30 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON JUDICIARY
Date 03/11/2020
Attendance
Cooke X
Gardner X
Rodriguez X
Gonzales X
Lee X
Time 01:34:30 PM to 04:24:03 PM
Place SCR 352
This Meeting was called to order by Senator Lee
This Report was prepared by Juliann Jenson
Hearing Items Action Taken
Conf 20-Parole — State Board Of Favorably Refer to Full Senate - Consent Calendar
SB20-162 Amended, referred to Senate Appropriations
HB20-1270 Referred to the Committee of the Whole
SB20-181 Amended, referred to Senate Appropriations

X = Present, E = Excused, A = Absent, * = Present after roll call

Conf 20-Parole — State Board Of - Favorably Refer to Full Senate - Consent Calendar


01:34:41 PM  

Kristin Hilkey, Chair of the State Board of Parole, introduced Joe Morales, Chad Dilworth, Michelle Gang, Jason Guidry, and Darlene Arcala for reappointment and appointment to the Parole Board.  She also discussed the roles and responsibilities of being a member of the Parole Board.  The appointment letter may be found in Attachment A. 

Each individual up for appointment or reappointment provided a brief description of their background and experience and reasons for wanting to serve on the Parole Board. 

The committee asked questions about reentry.  

01:54:49 PM  

Committee discussion ensued about how parole decisions are made and related decision-making instruments. 

 

 



02:03:16 PM
Motion Refer the appointment of Joe Morales, Chad Dilworth, Darlene Alcala, Michelle Geng, Jason Guidry to the Conf 20-Parole — State Board Of to the full Senate with a favorable recommendation and with a recommendation that it be placed on the consent calendar.
Moved Gonzales
Seconded
Cooke Yes
Gardner Yes
Rodriguez Yes
Gonzales Yes
Lee Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB20-162 - Amended, referred to Senate Appropriations


02:03:56 PM  

Senators Rankin and Moreno, co-prime sponsors, explained Senate Bill 20-162, concerning updating Colorado's statutory provisions related to foster care prevention services in the context of the federal "Family First Prevention Services Act".  

The senators discussed Families First provisions and how the bill aligns state practices with it. 

Amendments L.001 and L. 002 were distributed by Senators Rankin and Moreno (Attachments B and C).

02:12:55 PM  

Michelle Barnes, representing the Department of Human Services (DHS), spoke in favor of the bill. She discussed child welfare system reforms, placement decisions, prevention and intervention efforts, inter-agency collaboration, and least restrictive settings for out-of-home placements,

Minna Castillo Cohen, representing DHS, testified in favor of the measure. She discussed the work over the past couple of years in Colorado to implement Families First and improve child welfare outcomes.     

Gretchen Russo, representing DHS, testified in support of the bill.  She discussed the stakeholder process. 

02:22:49 PM  

The committee asked questions about and discussed implemention of Families First, congregate care, prevention services, and juvenile justice placements. 

02:29:10 PM  

Ashley Chase, representing the Office of the Child's Representative, testified from a neutral position on the bill.   She discussed changes she would like to see in the bill, including clarification of the court's role in the process and  eligibility to receive services as a "qualified individual" as defined in the bill. 

Shari Danz, representing the Office of the Child's Representative, made herself available for technical questions about the bill.

Ruchi Kapoor, representing the Office of Respondents Parents' Council, testified from a neutral position on the bill. 

02:35:04 PM  

Katie Smith, representing Denver Human Services, testified in support of the bill if amended. She raised concerns about its impact on counties. 

Barbara Kirkmeyer, representing Weld County and Colorado Counties Inc, testified in opposition of the measure.  She discussed the bill's impact on counties and funding splits.  

Becky Miller Updike, representing the Colorado Association of Family and Children's Agencies, testified in support of the bill.  She discussed collaboration and serving youth in different ways.

02:49:55 PM  

Senator Rankin explained Amendment L.001.



02:50:35 PM
Motion Adopt amendment L.001 (Attachment B)
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
02:50:49 PM  

Senator Moreno explained Amendment L.002.



02:51:25 PM
Motion Adopt amendment L.002 (Attachment C)
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
02:51:26 PM  

Senators Moreno and Rankin made closing remarks and expressed their willingness to work with stakeholders on further changes in the bill.



02:53:27 PM
Motion Refer Senate Bill 20-162, as amended, to the Committee on Appropriations.
Moved Gonzales
Seconded
Cooke Yes
Gardner Yes
Rodriguez Yes
Gonzales Yes
Lee Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB20-1270 - Referred to the Committee of the Whole


02:53:49 PM  

The committee took a brief recess. 

03:07:50 PM  

House Bill 20-1270 was originally heard on March 9, 2020, and laid over by the Chair.   The bill is before the committee for action only. 

Senator Fields, sponsor, made concluding remarks and discussed youth in crisis and the need for mental health services.  She further discussed current practices and barriers to treatment.  She distributed a table that compiles minor age of consent laws for mental health treatment (Attachment D).  

 

 

 

03:13:59 PM  

Committee members discussed their reasons in support of or in opposition to the bill.



03:15:11 PM
Motion Refer House Bill 20-1270 to the Committee of the Whole.
Moved Gonzales
Seconded
Cooke No
Gardner No
Rodriguez Yes
Gonzales Yes
Lee Yes
Final YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB20-181 - Amended, referred to Senate Appropriations


03:15:32 PM  

Senator Lee, sponsor, explained Senate Bill 20-181, concerning measures to improve outcomes for defendants who may be found incompetent to proceed.  He discussed mental illness and the criminal justice system.  He provided a history of competency-related bills, and the addressed the consent decree regarding court-ordered mental health competency proceedings.  

 

03:22:13 PM  

Dr. Patricia Westmoreland, representing the Colorado Psychiatric Society, testified against the bill unless amended.  She distributed a copy of her testimony (Attachment E) and raised concerns about sections in the bill relating to presumptions of incompetency and using previous findings of incompetency in current proceeedings. 

Dr. Laura Albert, representing the Colorado Psychiatric Society, testified against the bill unless amended. She addressed presumptions of incompetency and discussed varying degrees of incompetency. 

Committee discussion followed about labeling, medications, and stabilization. 

03:33:22 PM  

Allison Butler, representing Disability Law Colorado, testified in support of the bill. She discussed the decade long lawsuit regarding competency and addressed concerns raised about the bill.  She stressed that the bill reflects a stakeholder process and clarifies who needs to be in an institution.

Dr. Robert Werthwein, representing the Office of Behavioral Health in DHS, testified in support of the bill.  He discussed the bill's goal of not using the criminal justice system to serve people's mental health needs. He also addressed the consent decree and community mental health services. 

03:41:58 PM  

The committee asked questions about and discussed the settlement agreement, cases in municipal court, females in need of restorative services, civil commitment, and state responsibility. 

 

 

03:49:52 PM  

Vincent Atchity, representing Mental Health Colorado, testified in support of the bill. He discussed disentangling mental health from the criminal justice system. 

Coral Cosway, representing the Alzheimers Association, testified in support of the measure. She discussed dementia and Alzheimer's disease. 

03:56:32 PM  

Frank Cornelia, representing Colorado Behavioral Healthcare Council, testified in favor of the measure. He discussed the importance of health care providers managing behavioral health treatment instead of the criminal justice system.

Lucienne Ohanian, repesenting the Office of the State Public Defender, testified in support of the bill. She discussed competency restoration training and the importance of identifying individuals with the most intransigence mental health issues. 

Maureen Cain, representing the Office of the State Public Defender, spoke in support of the bill.   She provided examples of repeated competency delays.

Abigail Negley, representing the ARC, testified in support of the measure. She discussed how people with disabilities are disproportionately represented in the criminal justice system.  

Committee discussion ensued about individuals with intellectual and developmental disabilities, restoration, and medication.  

04:11:06 PM  

Valerie Schlecht, representing the Colorado Cross Disability Coalition, testified in support of the bill. She discussed civil rights and the consent decree. 

04:15:09 PM  

Senator Lee distributed Amendments L.001 and L.002 (Attachments F and G).   Allison Butler returned to the table to explain L.001.  



04:15:51 PM
Motion Adopt amendment L.001 (Attachment F)
Moved Lee
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
04:16:08 PM  

Allison Butler walked the committee through Amendment L. 002.

Senator Lee clarified that the Colorado District Attorneys' Council is neutral on the bill.



04:19:36 PM
Motion Adopt amendment L.002 (Attachment G)
Moved Lee
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
04:19:37 PM  

Senator Lee gave concluding remarks. 

04:21:46 PM  

Committee members made closing comments. 



04:23:55 PM
Motion Refer Senate Bill 20-181, as amended, to the Committee on Appropriations.
Moved Lee
Seconded
Cooke No
Gardner No
Rodriguez Yes
Gonzales Yes
Lee Yes
Final YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS


04:24:03 PM   The committee adjourned.






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