H_JUD_2018A 05/08/2018 01:51:41 PM Committee Summary

The committee was called to order. A quorum was present. Representative Valdez, prime sponsor, presented Senate Bill 18-238, concerning labor by persons confined to county jails.  Representative Valdez explained the effect of the bill, and discussed its need.  He also explained why he was requesting that the bill be postponed indefinitely.

Representative Lundeen, prime sponsor, presented Senate Bill 18-258, concerning excluding from the speedy trial calculation the period of delay caused by a continuance ordered by the court.  Representative Lundeen explained the effect of the bill and discussed its need.

Mr. Bruce Brown, representing the Colorado District Attorneys' Council, testified in support of the bill. Mr. Brown discussed a court case that led to the introduction of the bill, and the intent of and necessity for the legislation. Mr. Dan Rubenstein, representing the Twenty-first Judicial District and the Colorado District Attorneys' Council, testified in support of the bill. He discussed the need for the bill, and addressed likely arguments against the bill. Mr. Rubenstein discussed the court case that led to the bill. Discussion ensued regarding the need for the General Assembly to address the issue. Mr. Rubenstein responded to questions regarding the protection of constitutional rights by the bill, and circumstances in which opposing parties in a trial would be split on excluding a continuance from the speedy trial calculation.

Ms. Lucienne Ohanian, representing the Office of the State Public Defender, testified in opposition to the bill. She explained that the bill seeks to address a singular circumstance, and explained what happened in the case that led to SB 18-258. Ms. Ohanian explained the reasons for having speedy trial requirements. Ms. Ohanian responded to questions regarding the erosion of the attorney-client privilege under the bill, and the thought process behind not going forward with the bill.

No amendments were offered to SB 18-258. Representative Lundeen provided closing remarks in support of the bill.

Representatives Benavidez and Wilson, prime sponsors, presented Senate Bill 18-274, concerning the implementation of recommendations from prison utilization studies, and, in connection therewith, renaming and repurposing certain correctional facilities.  Representative Benavidez explained the effect of the bill and discussed its need. Representative Wilson provided additional input regarding the merits of the bill, and explained the effect of amendment L.009 (Attachment A).

Mr. Rick Raemisch, Executive Director of the Department of Corrections (DOC), testified in support of the bill. Director Raemisch discussed the repurposing of certain DOC facilities. Mr. Travis Trani, representing the DOC, testified in support of the bill. Mr. Trani explained how the facilities repurposing will help to accommodate increasing prison populations, and how the facilities will be used once repurposed. Mr. Trani responded to questions regarding the cost to build out facilities in accordance with a prison utilization study commissioned by the DOC. Mr. Trani responded to further questions regarding the status of the Prison Population Working Group

Ms. Christie Donner, representing the Colorado Criminal Justice Reform Coalition, testified in opposition to SB 18-274.  Ms. Donner explained how a cycle of opening prisons in Colorado results in prisons being at capacity, and and also noted that DOC serves as a primary mental health provider. Ms. Denise Maes, representing the ACLU, testified in opposition to the bill. Ms. Maes provided additional input on Ms. Donner's comments.

Discussion ensued regarding the merits of amendment L.009.

Representative Singer, prime sponsor, presented Senate Bill 18-263, concerning the creation of a pilot program to allow for court approval of treatment medications in jails.  Representative Singer explained the effect of the bill and discussed its need.  Committee members received a fact sheet supporting the bill (Attachment B), and the written testimony of Michael Stafford (Attachment C) and Tanya Belknap (Attachment D).

Dr. Patricia Westmoreland, representing the Colorado Psychiatric Association, testified in support of the bill. Dr. Sasha Rai, representing the Denver County Jail, testified in support of SB 18-263. Dr. Rai explained how those in jail with mental health issues compound their circumstances without medication. He responded to questions regarding how the bill will help with the processing of such individuals. Ms. Dea Wheeler, representing Boulder County, testified in support of the bill. Ms. Wheeler discussed assaults and suicide attempts by those in county jail, and explained how the administration of medication would help to ameliorate such situations. Ms. Jackie Zheleznyak, representing Denver Health, testified in support of the bill. She discussed the need to provide psychiatric and mental health services to those in jail on a pilot basis.  Ms. Wheeler responded to questions regarding the services to be provided under the pilot program created by the bill. Discussion ensued regarding the merits of providing mental health services on an involuntary basis.

Mr. Doug Wilson, State Public Defender, testified in opposition to the bill. Committee members received a handout on the side effects of Haldol (Attachment E). Mr. Wilson explained the circumstances under which the detainees to be involuntarily treated under SB 18-263 would undergo the treatment. Ms. Gina Shimeall, representing herself, testified in opposition to the bill. Ms. Shimeall discussed the research surrounding forced medication in a non-therapeutic environment, and the difference between treatment in a jail and a hospital. Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. Ms. Thompson explained that the involuntary treatment to be provided under the bill should be in a hospital setting. Ms. Valerie Schlect, representing the Colorado Cross-disability Coalition, testified in opposition to the bill. Ms. Schlect discussed the side effects of psychiatric medications, which may be unsafe in a jail setting. She also discussed the potential outcomes of misdiagnoses. Committee members received a spreadsheet showing data on certain criminal cases involving mental health issues (Attachment F). Mr. Wilson responded to questions regarding potential constitutional issues associated with involuntary mental health treatment. Discussion ensued about prioritizing the acute population.

Ms. Camille Harding, representing the Department of Human Services, testified in support of the bill.  Ms. Cristen Bates representing the Department of Human Services and Mr. Michael Stafford, representing the City and County of Denver, also testified in support of the bill.

Representative Singer explained the effect of amendment L.004 (Attachment G).

Representative Singer explained the effect of amendment L.005 (Attachment H).

Representative Wist, prime sponsor, presented Senate Bill 18-222, concerning reimbursing prosecuting attorneys for costs associated with litigating Rule 35 of the Colorado Criminal Procedure Motions.  Discussion ensued regarding the merits of the bill.

Mr. Tom Raynes, representing the Colorado District Attorneys' Council, testified in support of the bill.  Mr. Bruce Brown, representing the Fifth Judicial District, testified in support of the bill.  He explained that the bill will allow him to hire experts on Rule 35 motions.

Representative Wist explained the effect of amendment L.003 (Attachment I).