I_MICJS_2023A 07/27/2023 12:32:03 PM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGINTERIM 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 hCall to Order and Introductions Committee Discussion Only hPresentation on the National Competency Crisis and the Colorado Experience Committee Discussion Only hCrisis Services Overview Committee Discussion Only hInmate Maternal Health Recommendations Committee Discussion Only hUpdate on Legislative Recommendations from the Task Force and Subcommittees Committee Discussion Only hUpdate on Behavioral Health Services and Benefits Committee Discussion Only hTask Force Appointments Committee Discussion Only hPublic Comment Committee Discussion Only hOther 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.