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June 28 & 29, 2004
State Capitol, Room 302
Cheyenne, Wyoming
Senator John Hanes, Chairman
Representative Colin Simpson, Chairman
Senator Bruce Burns
Senator Ken Decaria
Senator Keith Goodenough
Senator Curt Meier
Representative George Bagby
Representative Rosie Berger
Representative Jack Landon
Representative Monte Olsen
Representative Owen Petersen
Representative Wayne Reese
Representative Deb Alden
Representative Ed Buchanan
John Rivera, Senior Staff Attorney
Please refer to
Appendix 1 to review the Committee Sign-in Sheet
for a list of other individuals who attended the meeting.
Chairman Hanes called the meeting to order at 8:00 a.m.. The following sections summarize the Committee proceedings by topic. Please refer to Appendix 2 to review the Committee Meeting Agenda.
The Committee met in executive session to receive updates from Rodger McDaniel, Director, Department of Family Services and Bob Lampert, Director, Department of Corrections, with respect to incidents at the Wyoming Girls' School and the Wyoming Honor Farm, respectively.
Director Lampert distributed Appendix 3, containing data related to construction plans for several of the institutions under the control of the Department of Corrections. He explained the status of construction projects at each institution and the estimated completion date that would allow the return of inmates placed out-of-state. Currently 600-650 inmates are placed out-of-state at a cost of $60/day/inmate. Demolition of the North Facility in Rawlins may be too expensive to accomplish due to costs of shipping some of the refuse away from the site. No decision has yet been made in this matter until the issue is studied more thoroughly.
Phase III of construction plans for the new prison that was authorized to be built was discussed. The Department has selected a firm from Colorado Springs to partner with Tobin and Associates for site selection, conceptual design and costing estimates. Five communities have expressed interest in locating the new prison in their part of the state. Those communities include Torrington, Rawlins, Worland, Riverton and Sheridan.
Donna Sheen, Department of Family Services (DFS), introduced Judge James Payne who is from Indiana and will be presenting at LCCC in the afternoon at the town meetings DFS is sponsoring as part of the children and families initiative authorized under 04HB0033.
Ms. Sheen explained that 04LSO-0489.W1 and the next bill the Committee will consider were part of 04HB0088. The bills were separated pursuant to direction from the cochairmen so that the omnibus amendments would be separate from the more controversial provisions relating to the central registry of child protection cases.
This bill contains the omnibus changes that were proposed during the Budget Session. Committee members questioned the requirement on page 20, lines 8 and 9 of the bill that require each city and town in the county to participate in a local protection team if one is formed in the county. Ms. Sheen advised she would work with staff to address the concerns raised by the committee.
In response to questions about how the investigation and assessment tracks would work when a suspected case of child abuse or neglect is reported, Ms. Sheen distributed Appendices 4 and 5. Appendix 4 contained the DFS rules governing procedures for reporting suspected cases of child abuse or neglect. Appendix 5 was a flow chart of the process used by DFS when it receives a report of suspected child abuse or neglect. Ms. Heather Babbitt explained that for a child who is in protective custody, DFS would be in the investigation track, rather than the assessment track.
Ms. Sheen explained the provisions of 04HB0088 that were included in this bill. Representative Simpson advised that the proposed offense and penalty for failure to report a suspected case of child abuse or neglect will have to be examined closely when the Committee meets in November to consider this bill again.
Elizabeth Gagen, Assistant Attorney General, introduced Jim Wilson and Flint Waters, from the Division of Criminal Investigation (DCI). She explained the bill attempts to accomplish three goals, registration of sex offenders, notification of schools, and establishment of a preponderance of the evidence standard in cases involving failure to register. The state could lose as much as $196,000 in federal grants for failure to enact the proposed legislation.
Mr. Wilson explained the Campus Sex Crimes Prevention Act was incorporated into the Jacob Weterling Act and it establishes three levels of notification, depending on the level of risk that the individual poses for committing another sex offense. Once an individual is assessed to be at a specified level of risk, that level remains with the individual, regardless of any changes of address, unless the individual is reassessed and a new level is assigned to the risk he poses.
Chairman Simpson questioned whether the language proposed in W.S. 7-19-301(a)(xvi) should be limited to institutions of higher learning, or if any educational institution should be included. He also asked if a preponderance of the evidence standard should be included on page 6, lines 15 through 18 of the bill.
Pat Crank, Attorney General, explained that 21 states have enacted similar legislation. The purpose of the bill is to address what can be done with arrest information if the arrest did not result in a conviction. This bill would allow member states to communicate data directly to each other. States would no longer have to submit fingerprint records for multiple arrests of a single individual. DCI has been the central repository for criminal records in the state since1973.
Mr. Wilson advised the proposed compact had its origin in the late 1980s. the goal is to decentralize the records maintained by the FBI, since local records are usually more complete. The compact would also allow the sharing of records for noncriminal purposes to the extent authorized by the requesting state. The differences between the NCIC and the FBI database is that the NCIC is a "hot" list containing information with respect to outstanding warrants, missing persons and stolen or missing property. The FBI list only contains criminal history records.
Dona Playton distributed Appendix 6, a summary of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Thirty-five states have enacted the law so far. The enactment of the Parental Kidnapping Prevention Act in 1980 and the Uniform Child Custory Jurisdiction Act predated the UCCJEA. While explaining the bill, Ms. Playton explained that one of the most important new provisions of the Act is the creation of temporary emergency jurisdiction. The primary purpose of the bill is to address potential concurrent jurisdiction issues that may arise in child custody situations.
Representative Petersen asked if judges, prosecuting attorneys and the State Bar could be polled to find out their opinions about the UCCJEA.
The Committee recessed at 5:07 p.m.
Chairman Simpson called the meeting to order at 8:00 a.m.. The following sections summarize the Committee proceedings by topic. Please refer to Appendix 2 to review the Committee Meeting Agenda.
Brenda Lyttle, DFS, introduced Ellen Rutledge, a new attorney in the Attorney General's Office who will be working with the Child Support Enforcement Division, and Mike Williams, a child support attorney working in the 4th Judicial District. Ms. Lyttle explained the bill.
Senator Goodenough expressed a concern that parties owed arrearages don't try to collect the interest accumulated on those arrearages. Ms. Lyttle stated the committee working on these issues will consider that concern when it meets next week.
Senator Burns asked if New Jersey does not have an upper age limit for child support. Mr. Williams advised states generally have an upper limit based on the age of majority recognized by the state, but exceptions are carved out for college attendance, developmental disabilities or other unique circumstances that may warrant continuation of a child support obligation.
Ms. Lyttle stated that a review of the child support guidelines is statutorily required every four years. The Department has contracted this year with Policy Studies, Inc. (PSI) to conduct the review. Abatements will also be reviewed. Wyoming is one of three states that permits abatements. The Department may propose alternatives for both abatements and court-ordered deviations from the guidelines. Ms. Lyttle asked if any members of the Committee would volunteer to work with the DFS committee looking at the PSI report and recommendations on the guidelines. Senator Goodenough volunteered to assist. Chairman Simpson appointed Representatives Alden and Buchanan, who may have any interest in this matter.
Joe Evans, Director, Wyoming County Commissioners Association (WCCA), stated that costs for counties are rising with respect to temporary commitments of individuals. Additionally, there is an inconsistency in treatments and charges assessed to counties by providers. The WCCA formed a committee to present suggestions for statutory change to alleviate the burdens being place on counties. He distributed a copy of those statutory recommendations (Appendix 7) and explained those changes.
Lanny Applegate, Fremont County Commissioner, expressed a desire for more local mental health facilities. Partnerships among the state, counties, cites and towns is necessary to address the mental health needs of citizens. In 2000, Fremont County paid $117,957 for treatment of persons who were involuntarily committed. That figure rose to over $500,000 this year. Mike Barton, Fremont County Attorney, gave numbers showing a dramatic increase in the number of cases filed and the number of evaluations conducted in Fremont County in the last four years, rising from 59 cases filed in 2000-2001 to 144 cases files and 266 persons evaluated in 2003-2004. These numbers are driven by statutory requirements. A person who is detained will be screened within 24 hours and, if the screening determines the person is a danger to self or others, the person can be detained for up to 72 hours before a hearing is held. The costs of detention and treatment are about $650/day in Fremont County and $2500-$4000/day in Campbell County.
Carol Seeger, Campbell County Attorney's Office, stated that the county was billed over $500,000 for a one year period when she was reappointed to the county attorney's office. She negotiated a reduction in those charges, but would like the county attorney to have more control over the commitment process in the county. She believes paying $4,000/day just to sober up a drunk person who is despondent and self-threatening is very expensive.
David Clark, Carbon County Attorney, explained that law enforcement officials don't want to be responsible for someone who is threatening suicide, so they will send the person to the local hospital rather than incarcerate that person.
Mark Voss, Laramie County Deputy Attorney, stated that Laramie County is paying about $480,000 a year for Title 25 detainees, at the rate of $1,200/day. The emergency detainee bed is the second most expensive bed in the hospital after the ICU bed. He distributed two letters he had sent to the Cochairmen describing the problems he has seen while serving with the county attorney's office (Appendix 8). He recommended:
Dr. Jane Robinette, M.D. stated she is employed as a psychiatrist by Southeast Mental Health Center and also works for United Medical Center (UMC). She has seen a steady increase in the number of persons hospitalized in emergency detentions. UMC has 18 beds for detainees and the beds are consistently full. The current system is county-based, but counties don't have the resources to meet the need and counties are not uniform is addressing that need. This problem needs to be studied in more detail, including the numbers affected, reasons for detention and comparisons with other states. The system may need to be regionalized to take advantage of economies of scale and there should be a way to "fast-track" people who need to be committed to the State Hospital.
The Committee directed staff to draft a bill based on the recommendations provided by Mr. Evans for consideration at the November meeting. Any other recommendations the WCCA Committee may make before the November meeting should be included in the draft bill. The Department of Health should provide a description of what "suitable facilities" exist or might be acceptable under W.S. 25-10-109(d).
Steve Weichman, Teton County Attorney, stated that doctors in Teton County would commit persons to the hospital under an emergency detention when the actual purpose was to get other needed medical care unrelated to the detention for the person who could not otherwise afford the needed treatment. The county would then have to pay for the medical treatment received since the person was placed in the hospital under Title 25. That put private practitioners in control of the system. He recommended that W.S. 25-10-110(a) should be amended so the initiating county is required to pay costs for subsequent Title 25 actions.
Chuck Hayes, Department of Health, believes that Title 25 should be totally rewritten, but there is not enough time during this interim to accomplish that. He stated the Department will participate in recommending changes as the Committee directs.
Ms. Sheen distributed Appendix 9, containing materials the Subcommittee had reviewed. She described problems that have been identified in prior committee work, including: insufficient funding for attorney guardians ad litem (GALs); no standards for GALs; and, no training for GALs. The federal Child Abuse Prevention and Treatment Act (CAPTA) requires appointment of GALs who are trained. In developing options to address how to provide for competent legal representation of children, the Subcommittee and prior subcommittees have considered the following options: requiring counties to fund and train GALs; creating a state office to fund, supervise and train GALs; and, providing funding to the Wyoming Supreme Court to allow courts to appoint, supervise and manage GALs. She elaborated on the last of these options in more detail, including providing funding to the Supreme Court and requiring the Court to establish standards and providing a mechanism for training of GALs.
Chairman Simpson explained what had been considered at the April meeting of the Legal Representation Subcommittee. He described the recommendations made by Kent Spangler, Deputy Director, Colorado Office of Child's Representative, Sheri Shenk, Director, Rocky Mountain Children's Law Center, and Judges Ed Grant and Gary Hartman. He added that Ms. Sheen's recommendations with respect to involving the Supreme Court were a simple solution to the problems. It would be necessary to mandate training and provide for uniformity in compensation.
Ms. Sheen indicated she would be willing to present the recommendations to the Board of Judicial Policy and Administration to gauge the support of the judiciary. Some individual judges have indicated their support for the proposal.
The Committee discussed whether staff should draft a bill in accordance with the recommendations to provide funding to the Supreme Court, with requirements for standards and training. Representative Landon suggested that if a position is created within the Supreme Court to oversee and manage GALs, that position could also oversee and promote the use of court-appointed special advocates (CASAs). If LSO would draft the bill, he would like the Subcommittee to meet again to revise the bill as necessary, then send the bill to the judiciary for their comment prior to presenting the bill to the full Committee. Chairman Simpson indicated that he doesn't believe a bill is necessary. The Supreme Court could create standards, including training requirements, by rule. The only action necessary by the Legislature would be the appropriation and authorization for positions.
Ken Koski, Wyoming Public Defender, advised that the Committee needs to consider which GALs will be funded by type of case. He suggested that GALs could be appointed and paid for by the state in CHINS, abuse/neglect and parental termination cases, but not in domestic relations cases.
Linda Kirkbride, Director, Laramie County CASA Program, said that CASAs are only involved in abuse and neglect cases, but she would like CASAs to get the same training that GALs would receive.
The Committee considered 04LSO-0495.W1, Law enforcement retirement for state park officers. Bill Westerfield, Department of State Parks and Cultural Resources, explained the bill died last session when the Legislature ran out of time to fully consider the bill. He advised that the appropriation includes $350,000 to make the law enforcement retirement account actuarially sound with the inclusion of state park officers, and $40,000/year for the additional cost of those officers participating in the law enforcement retirement program instead of participating in the regular retirement program as they currently do. The primary motivation for participation in the law enforcement retirement program is that officers would be covered under the disability provisions immediately, unlike the regular state retirement program where they would be covered under the workers' compensation program if injured on the job during the first ten years of employment. If injured on the job after ten years employment they would be eligible for disability benefits based on salary and years of service under the regular state retirement program.
Senator Hanes moved, seconded by Representative Olsen, for the Committee to sponsor 04LSO-0495.W1in the 2005 General Session. The motion carried unanimously with Senators Burns, Decaria, Goodenough and Hanes and Representatives Bagby, Berger, Landon, Olsen, Petersen, Reese and Simpson voting aye. Senator Meier and Representatives Alden and Buchanan were excused.
Over the lunch hour, the Committee had attended a presentation by Mr. Waters at the DCI Office during which he demonstrated the problems associated with child exploitation through the Internet. Attorney General Crank presented some recommended statutory changes to Titles 6 and 14 to address those problems (see Appendix 10). LSO staff was directed to draft a bill consistent with those recommendations for consideration by the Committee at its next meeting in November.
There being no further business, Chairman Simpson adjourned the meeting at 3:30 p.m..
Respectfully submitted,
Senator John Hanes, Cochairman Representative Colin Simpson, Cochairman