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Minutes for HB2527 - Committee on Judiciary

Short Title

Removing the authority for law enforcement officers to deliver a child in need of care to a court services officer and prohibiting supervision of persons found not guilty by reason of mental disease or defect by court services officers.

Minutes Content for Tue, Jan 25, 2022

Chairperson Patton opened the hearing on HB2527. Natalie Scott reviewed the bill. Ms. Scott stood for questions. (Attachment 10)

Proponent

Amy Raymond explained two recommendations that originated from a Supreme Court commissioned study completed by the National Center for State Courts (NCSC) in the fall of 2019. The first of the work-group's recommendations are proposed in HB2527. In section one, page 4, current law requires the court to order "temporary supervision" by "district court probation and parole services, community treatment facility or appropriate private agency" over adults found not guilty by reason of mental disease or defect who are released from a mental health facility. A few districts have Court Services Officers (CSOs) doing this work on a minimal basis. In its analysis, the workgroup concluded that, currently, CSOs do not have the experience or specialized mental health training necessary to supervise these individuals and recommended that CSOs be excluded from doing this work. The second recommendation proposed in the bill is section 2, page 5. Under current statute, if a law enforcement officer takes a child into custody without a court order and the child is not "delivered to the custody of the parent or other custodian," the law enforcement officer may deliver the child to a CSO. The statute also provides other options, including a shelter facility designated by the court, juvenile intake, and assessment worker, licensed attendant care center, or a juvenile crisis intervention center. The work-group concluded that court service offices are not an appropriate place for children and CSOs in their official capacity are not appropriate custodian nor are they are not equipped to take custody of children. (Attachment 11)

Written Neutral

Greg Smith, Special Deputy for Government Affairs, Johnson County Sheriff's Office (Attachment 12)

Chairperson Patton asked if there were any other individuals wishing to testify. There were not, so he closed the hearing on HB2527.

 

Chairperson Patton asked the committee members to be prepared to have discussion and final action on HB2299, HB2473, HB2474. He also asked them to review SB102 which they heard during the 2021 session. He indicated they could have another hearing if the membership felt it was necessary.

Chairperson Patton adjourned the meeting at 4:10 pm.