I_MICJS_2022A 09/29/2022 09:10:18 AM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGINTERIM COMMITTEE TREATMENT OF PERSONS WITH BEHAVIORAL HEALTH DISORDERS IN THE CRIMINAL AND JUVENILE JUSTICE SYSTEMS Date 09/29/2022 Attendance Amabile X Fields X Pelton X Simpson X Benavidez X Rodriguez X Time 09:10:18 AM to 10:34:48 AM Place SCR 357 This Meeting was called to order by Rodriguez This Report was prepared by Jerard Brown Hearing Items Action Taken hPublic Testimony Committee Discussion Only hCommittee Discussion: Bill Draft Request 1 - Juvenile Competency To Proceed Committee Discussion Only hCommittee Discussion: Bill Draft Request 2 - Ongoing Funding For 911 Resource Center Committee Discussion Only hCommittee Discussion: Bill Draft Request 3 - Medicaid Preauthorization Exemption Committee Discussion Only hCommittee Discussion: Bill Draft Request 4 - Youth In Juv Detention Facilities With Hepatitis C Committee Discussion Only hCommittee Discussion: Bill Draft Request 5 - Use Of Restrictive Practices In Prisons Committee Discussion Only hTask Force Appointments Committee Discussion Only hOther Business Committee Discussion Only Public Testimony - Committee Discussion Only 09:10:28 AM Senator Rodriguez called the meeting to order. A quorum was present. There was no public testimony. Committee Discussion: Bill Draft Request 1 - Juvenile Competency To Proceed - Committee Discussion Only 09:11:23 AM Representative Benavidez introduced Bill Draft Request 1, which makes several changes to juvenile competency hearings. She explained that the bill creates waivers of privilege when a juvenile is determined incompetent to proceed; allows the court or party to raise the need for a restoration evaluation; establishes time limits on how long a juvenile can be held as incompetent; and, allows a juvenile to choose their own evaluator. Bill 1 can be read in its entirety here: https://leg.colorado.gov/sites/default/files/images/bill_1_23-0153.pdf. 09:13:49 AM The committee asked questions of the bill sponsors. 09:19:30 AM Motion Approve Bill Draft Request 1 for Consideration by Legislative Council Moved Benavidez Seconded Amabile Yes Fields Yes Pelton Yes Simpson Yes Benavidez Yes Rodriguez Yes YES: 6 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS 09:19:32 AM Representatives Amabile and Representative Benavidez agreed to be co-prime sponsors in the House, and Senators Rodriguez and Fields in the Senate. Senator Simpson signed on as a co-sponsor. Committee Discussion: Bill Draft Request 2 - Ongoing Funding For 911 Resource Center - Committee Discussion Only 09:20:16 AM Senator Fields introduced Bill Draft Request 2, concerning ongoing funding for 911 resource centers. The committee discussed the 911 centers and increased calls relating to behavioral health. The committee asked questions about funding and operations. Bill 2 can be read in its entirety here: https://leg.colorado.gov/sites/default/files/images/bill_2_23-0159.pdf 09:22:14 AM Motion Approve Bill Draft Request 2 for Consideration by Legislative Council Moved Fields Seconded Amabile Yes Fields Yes Pelton Yes Simpson No Benavidez Yes Rodriguez Yes YES: 5 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS 09:22:17 AM Senator Fields and Representative Amabile agreed to be prime sponsors in their respective chambers, with Senator Rodriguez as a co-sponsor. Committee Discussion: Bill Draft Request 3 - Medicaid Preauthorization Exemption - Committee Discussion Only Attachment Tag File Name Attachment A http://www2.leg.state.co.us/CLICS/CLICS2022A/commsumm.nsf/0/281156263AF7...$File/Attachment A□ Bill 3 Amendment1.pdf?OpenElement Attachment A□ Bill 3 Amendment1.pdf 09:23:37 AM Senator Rodriguez introduced and explained Bill Draft Request 3 regarding prior authorization exemption for Medicaid coverage of medications treating serious mental illness. He discussed the bill's fiscal note and answered questions from the committee. The bill may be read in its entirety here: https://leg.colorado.gov/sites/default/files/images/bill_3_23-0160.pdf. 09:24:49 AM Senator Rodriguez introduced and explained Amendment 1 to Bill 3 (Attachment A). 09:27:45 AM Motion Approve Amendment 1 to Bill Draft Request 3 Moved Rodriguez Seconded Amabile Fields Pelton Simpson Benavidez Rodriguez YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 09:29:03 AM Motion Approve Bill Draft Request 3 as Amended for Consideration by Legislative Counsel. Moved Rodriguez Seconded Amabile Yes Fields Yes Pelton No Simpson No Benavidez Yes Rodriguez Yes YES: 4 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS 09:29:05 AM Senators Fields and Rodriguez and Representatives Amabile and Benavdiez agreed to be primary sponsors in their respective chambers. Committee Discussion: Bill Draft Request 4 - Youth In Juv Detention Facilities With Hepatitis C - Committee Discussion Only 09:31:15 AM Senator Fields withdrew Bill Draft Request 4 after discussing with stakeholders and agency representatives. Committee Discussion: Bill Draft Request 5 - Use Of Restrictive Practices In Prisons - Committee Discussion Only Attachment Tag File Name Attachment B http://www2.leg.state.co.us/CLICS/CLICS2022A/commsumm.nsf/0/940F3882C7DE...$File/Attachment B□ Bill 5 Amendment 1.pdf?OpenElement Attachment B□ Bill 5 Amendment 1.pdf Attachment C http://www2.leg.state.co.us/CLICS/CLICS2022A/commsumm.nsf/0/70780A870C18...$File/Attachment C□ Bill 5 Amendment 2.pdf?OpenElement Attachment C□ Bill 5 Amendment 2.pdf Attachment D http://www2.leg.state.co.us/CLICS/CLICS2022A/commsumm.nsf/0/865F3A3C3FA8...$File/Attachment D□ Bill 5 Amendment 3.pdf?OpenElement Attachment D□ Bill 5 Amendment 3.pdf 09:31:41 AM Senator Amabile introduced and explained Bill Draft Request 5 concerning measures to regulate the use of restrictive practices on individuals in correctional facilities. 09:36:36 AM Tyler Himelstieb, representing himself, discussed the use of restraints in correctional facilities. Meghan Baker, representing Disability Law Colorado, discussed the necessity of the bill. 09:39:53 AM Committee members asked questions about the use of restraints and under what circumstances they are used. 09:44:12 AM Aaron Greco and Dr. Sarah Butler from the Colorado Department of Corrections raised concerns about the bill and answered questions from the committee. 09:59:44 AM Representative Amabile introduced and explained Amendment 1 to Bill Draft Request 5 (Attachment B). 10:01:56 AM Motion Approve Amendment 1 to Bill Draft Request 5. Moved Amabile Seconded Amabile Fields Pelton Simpson Benavidez Rodriguez YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 10:02:13 AM Representative Amabile introduced and explained Amendment 2 to Bill Draft Request 5 (Attachment C). 10:02:32 AM The committee asked questions of Representative Amabile. 10:03:37 AM Motion Approve Amendment 2 to Bill Draft Request 5 Moved Amabile Seconded Amabile Fields Pelton Simpson Benavidez Rodriguez YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 10:04:23 AM Representative Amabile introduced and explained Amendment 3 to Bill Draft Request 5. (Attachment D) 10:04:25 AM Motion Approve Amendment 3 to Bill Draft Request 5 Moved Amabile Seconded Amabile Fields Pelton Simpson Benavidez Rodriguez YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 10:05:53 AM Motion Approve Bill Draft Request 5 as Amended for Consideration by Legislative Council Moved Amabile Seconded Amabile Yes Fields Yes Pelton No Simpson Yes Benavidez Yes Rodriguez Yes YES: 5 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS 10:05:56 AM Senators Fields and Rodriguez and Representatives Amabile and Benavidez agreed to be co-prime sponsors in their respective chambers. Task Force Appointments - Committee Discussion Only 10:07:15 AM David Iverson and Stuart Jenkins, co-chairs of the task force, appeared before the Oversight Committee to discuss task force nominees. 10:09:32 AM The co-chairs recommended to appoint Melanie Kessner to the task force, representing an individual with an adult relative with behavioral health issues. 10:23:30 AM Motion Approve Melanie Kessner to the Task Force . Moved Benavidez Seconded Amabile Fields Pelton Simpson Benavidez Rodriguez YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 10:23:32 AM Committee member asked questions of the task force chairs. Other Business - Committee Discussion Only 10:25:26 AM The committee decided on December 12th at 8:30 AM for the next meeting. 10:34:48 AM The committee adjourned.