Meeting Minutes) Is Prepared by the Legislative Service Office (LSO) and Is the Official Record of the Proceedings of a Legislative Committee Meeting
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D r a f t O n l y A p p r o v a l P e n d i n g SUMMARY of PROCEEDINGS J O I N T J U D I C I A R Y C O M M I T T E E COMMITTEE MEETING INFORMATION June 14-15, 2021 | 8:30 a.m. Wyoming Oil & Gas Conservation Commission 2211 King Blvd. Casper, Wyoming COMMITTEE MEMBERS PRESENT Senator Tara Nethercott, Co-Chairman Representative Jared Olsen, Co-Chairman Senator Ed Cooper Senator Tim French Senator John Kolb Senator R. J. Kost Representative Barry Crago Representative Dan Laursen Representative Ember Oakley Representative Karlee Provenza Representative Rachel Rodriguez-Williams Representative Art Washut Representative Mike Yin Representative Dan Zwonitzer LEGISLATIVE SERVICE OFFICE STAFF Brian Fuller, Senior Staff Attorney Heather Kammerman, Executive & Fiscal Assistant Danielle Creech, Associate Research Analyst OTHERS PRESENT AT MEETING Please refer to (Appendix 1-02) to review the Committee Sign-in Sheet for a list of other individuals who attended the meeting. The Committee Meeting Summary of Proceedings (meeting minutes) is prepared by the Legislative Service Office (LSO) and is the official record of the proceedings of a legislative committee meeting. This document does not represent a transcript of the meeting; it is a digest of the meeting and provides a record of official actions taken by the Committee. All meeting materials and handouts provided to the Committee by the Legislative Service Office, public officials, lobbyists, and the public are on file at the Legislative Service Office and are part of the official record of the meeting. An index of these materials is provided at the end of this document and these materials are on file at the Legislative Service Office. For more information or to review meeting materials, please contact the Legislative Service Office at (307) 777-7881 or by e-mail at [email protected]. The Summary of Proceedings for each legislative committee meeting can be found on the Wyoming Legislature’s website at www.wyoleg.gov. PAGE 2 OF 11 EXECUTIVE SUMMARY The Joint Judiciary Committee met for two days in Casper. The Committee received information on Wyoming's juvenile-justice system; involuntary hospitalizations and emergency detentions under Title 25 of the Wyoming statutes; the Wyoming courts and electronic filing and case management; non-compete clauses for employment purposes; bias-motivated-crime reporting requirements; and opinions of the Wyoming Supreme Court involving statutory interpretation. The Committee requested further research and bill drafts related to juvenile justice and fair-chance licensing, Title 25, non-compete clauses, bias- motivated crimes, and authority for counties to dissolve boards that it can create under statute. CALL TO ORDER (MONDAY, JUNE 14, 2021) Co-Chairman Olsen called the meeting to order at 8:30 a.m. The following sections summarize the Committee proceedings by topic. Please refer to Appendix 1-01 to review the Committee Meeting Agenda. The Committee adopted Interim Committee Rules by a voice vote (Appendix 1-03). A video of the meeting may be viewed on the Wyoming Legislature's YouTube channel. JUVENILE JUSTICE Brian Fuller, Senior Staff Attorney, LSO, provided an overview of the Juvenile Justice Act and Children in Need of Supervision Act (CHINS) (Appendix 2-01). Mr. Fuller also described data collection on juvenile- justice issues in the state(Appendix 2-08 and Appendix 2-05) and the Community Juvenile Services Boards (Appendix 2-02). Stephanie Duriez, Senior Policy Analyst, State Initiatives, Council for State Governments (CSG) Justice Center, provided a summary of justice reinvestment efforts in Wyoming, discussion on the implementation of various legislation from 2019 and 2020 related to justice reinvestment in Wyoming, and further recommendations for the State to continue its work in justice reinvestment and sustain long-term implementation of the justice-reinvestment legislation. (Appendix 2-11). Nina Salomon, Program Director, Juvenile Justice, CSG Justice Center, gave an overview of juvenile justice reform efforts undertaken in other states. Ms. Salomon illustrated importance of data when developing juvenile justice policy by using an example of a Texas study on juvenile justice issues. She also discussed the need for focusing on expanding the use of community placement, the need for further efforts for data collection, consideration of diversion programs, and the use of a validated risk-need assessment tool for assessing placements. (Appendix 2-09). Michelle Feldman, Program Director, CSG Justice Center, discussed fair-chance licensing as a policy option to increase successful reentry for juveniles (particularly in the workforce), and gave examples of Wyoming law regarding licensing boards accessing juvenile records in the licensing and certification process. (Appendix 2-12). The Committee requested further information regarding specifics on particular licensing boards and commissions and their use of juvenile records in criminal background and whether that practice was authorized by statutes or regulations. Korin Schmidt, Director, Wyoming Department of Family Services (DFS), and Lindsey Schilling, Senior Administrator, DFS, gave an overview of the Wyoming juvenile-justice system, the Department's role in juvenile justice and managing placements, and the Department’s WyHome Matters initiative. (Appendix JOINT JUDICIARY COMMITTEE Summary of Proceedings WYOMING LEGISLATIVE SERVICE OFFICE • 200 West 24th Street • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL [email protected] • WEBSITE www.wyoleg.gov PAGE 3 OF 11 2-14) (Appendix 2-16). Director Schmidt also discussed funding for the community juvenile services boards, the Department's role in multi-disciplinary teams and the caseloads that DFS workers maintain for juveniles in the juvenile-justice system. Director Schmidt gave an overview of the Wyoming Boys' School and Wyoming Girls' School and placement at both facilities. She also discussed the potential replacement of the Department's case-management system and how that replacement may be used to collect additional data. Dr. Narina Nunez, Council Member, State Advisory Council on Juvenile Justice (SACJJ), provided a background and history of the SACJJ and detailed collaborative work with the Wyoming Survey and Analysis Center on data collection for juvenile justice. Dr. Nunez discussed how the Council uses federal funds for its operations, and expressed concerns for possible upcoming reductions in juvenile data collection due to decreased funding (Appendix 2-17). Dr. Nunez agreed to provide the Committee at its next meeting with data SACJJ has collected regarding the juvenile-justice system in Wyoming. John Worrall, Washakie County Attorney and President, Wyoming County & Prosecuting Attorneys Association, discussed issues with data collection at a local level. Mr. Worrall shared his concerns with the need for correct definitions of "incarceration" and "detention" in the Juvenile Justice Act. Mr. Worrall noted how critical the single point of entry was critical for county attorneys and noted the need for collecting data that was uniform and could be carefully analyzed. Public Comment Sheryl Foland, Legislative Advocate, Wyoming Association of Addiction Professionals, expressed support for more robust data gathering efforts. Ms. Foland noted the challenges associated with teen addiction issues coupled with limited inpatient and outpatient services within Wyoming communities. Donna Sheen, Director, Wyoming Children's Law Center, provided a history of the juvenile justice data collection issue dating back to 2001. She also described issues with jurisdiction for juveniles. Ms. Sheen stated that she would provide the Committee with a document describing issues with data collection and potential causes. Bruce Burkland, Wyoming Youth Service Association, provided an overview of system placements and examples of the complexity of collecting data for juvenile justice.(Appendix 2-15). Dan Shannon, Director, Department of Corrections, described updated statistics on probation revocations and the impact COVID-19 may have on data. Director Shannon provided an update on counts within Wyoming's correctional system. He expressed support for the collection of more conclusive and accurate statewide data on juveniles. Committee Action The Committee requested the following for the next meeting on this topic: A bill draft requiring more robust juvenile justice data collection, with Criminal Justice Information Services within the Division of Criminal Investigation as the repository of the data. The bill draft should ensure that definitions of terms like "incarceration" and "detention" are consistently used for data-collection purposes. JOINT JUDICIARY COMMITTEE Summary of Proceedings WYOMING LEGISLATIVE SERVICE OFFICE • 200 West 24th Street • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL [email protected] • WEBSITE www.wyoleg.gov PAGE 4 OF 11 A review of the statutes establishing the SACJJ and the Council's mission and membership, particularly legislative liaisons. A review of any model or uniform law concerning juvenile diversion programs. A review of current law on the consideration of criminal matters in licensing decisions and research on requirements of licensing boards and commissions concerning licensing decisions and the use of criminal or moral background information for those decisions. Research on what regional states pay for foster parents and group-home stays for juveniles; the average