Meeting Minutes) Is Prepared by the Legislative Service Office (LSO) and Is the Official Record of the Proceedings of a Legislative Committee Meeting

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

 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 number of juveniles per DFS case worker broken down by category.  Research on safeguards for juveniles believed to have committed a delinquent act (i.e., questioning of juveniles; rights).  Review of a model or uniform law on the establishment of standardized factors for consideration during the single point of entry by county attorneys.  A review of the CHINS Act and potential changes to focus more on services for those children, including the court's authority to provide or order those services.

TITLE 25 REVIEW - INVOLUNTARY HOSPITALIZATIONS AND EMERGENCY DETENTIONS

Overview of 2021 bill draft - Hospitalization of mentally ill persons-amendments - Staff, Legislative Service Office Mr. Fuller gave an overview of the Title 25 detention and hospitalization process (Appendix 5-01) and discussed 2021 Senate File 31, which made various changes to those statutes concerning definitions and duties for gatekeepers (Appendix 5-02).

Charmaine Reed, Deputy Natrona County Attorney, described issues associated with the Title 25 process and efforts by the county attorneys (through a working group) to develop changes to the statutes in Title 25, Chapter 10.

Eric Boley, President, Wyoming Hospital Association, described issues with the application of the Title 25 statutes and issues with payment for detentions and hospitalizations. Mr. Boley noted issues with waiting lists for spots in designated hospitals and transportation costs.

Stefan Johansson, Interim Director, Wyoming Department of Health, noted his willingness to participate in any process for revisions to Title 25 and described the role that 2021 House Bill 38 (which prioritized populations to be served by community mental-health centers) may have on changes to Title 25.

Andi Summerville, Executive Director, Wyoming Association of Mental Health & Substance Abuse Centers, described changes to definitions in Title 25 found in 2021 House Bill 38 and expressed interest in working with the county attorneys working group.

Public Comment Ms. Foland described issues with changes in 2021 House Bill 38 regarding substance abuse treatment and supported the inclusion of treatment providers in the development of any changes to Title 25.

Committee Action The Committee directed that a bill be drafted based on the work of the Wyoming County Attorneys Association working group for consideration at the next meeting.

JOINT JUDICIARY COMMITTEE Summary of Proceedings

The Committee recessed at 5:37 p.m.

CALL TO ORDER (JUNE 15, 2021) Co-Chairman Nethercott called the meeting to order at 8:32 a.m.

ELECTRONIC FILING AND ELECTRONIC RECORDS IN WYOMING COURTS Hon. Michael K. Davis, Chief Justice, Wyoming Supreme Court, provided an overview of electronic filing, including software for filing, and case management systems (Appendix 6-01). Chief Justice Davis described the current status of electronic filing in Wyoming State Courts. The Chief Justice outlined the current timeline for implementing electronic filing in the district courts and the potential use of federal funds for electronic filing projects.

Elisa Butler, State Court Administrator, Wyoming Supreme Court discussed electronic-filing efforts and projects and issues with collecting data for juvenile justice issues, including the need to maintain the integrity of juvenile justice data.

Tina Wood, Crook County Clerk of District Court and Member of the Court Records Division of the Permanent Rules Advisory Committee, testified on the process of entering data and dispositions related to cases.

OPERATIONAL EFFICIENCIES IN WYOMING COURTS

LSO Topic Introduction Mr. Fuller gave a broad overview of Wyoming courts, judicial workload studies, and other states’ court structures, including those with unified courts (Appendix 7-01).

Danielle Creech, LSO, discussed a report outlining the history of unified courts, defining unified court systems, and detailing other states with unified court systems in place (Appendix 7-02).

Report from the Wyoming Supreme Court Hon. Kate M. Fox, Justice, Wyoming Supreme Court, detailed the structure and jurisdiction of Wyoming courts, the rollout of electronic filing and electronic records, judicial-workload studies, and the selection, retention, and retirement of Wyoming judges and justices (Appendix 7-04).

Hon. Brian Christensen, Circuit Judge, Seventh Judicial District, described how cases are filed and handled in municipal court and circuit court, the role of non-attorneys and fines in municipal courts and circuit- court magistrates.

Hon. Catherine Wilking, District Court Judge, Seventh Judicial District, discussed available data regarding cases, the work of district judges and workload studies, and the role of the district judges' judicial conference and clerks of district court.

Diane Sanchez, Laramie County Clerk of District Court, provided information on past efforts for e-filing and described the importance of training for effective and uniform electronic filing.

No members of the public commented on this topic.

JOINT JUDICIARY COMMITTEE Summary of Proceedings

Committee Action Representative Zwonitzer moved to have a bill draft for the establishment of a Family Court with two new judgeship positions. The motion failed on an equally divided vote by a show of hands.

Representative Zwonitzer moved for a bill draft for allowing a sitting district judge or justice to serve their complete term before retention after reaching the mandatory retirement age. The motion failed by voice vote.

Representative Olsen requested LSO resurrect 21LSO-0048, which requires weighted workload studies to be reported to the Judiciary Committee for the next Committee meeting.

Representative Zwonitzer moved for a bill draft to establish a unified court system in Wyoming. The motion passed by a show of hands.

Representative Provenza moved to have a bill drafted to add a fourth district judge to the Seventh Judicial District. The motion passed by voice vote.

REVIEW OF NON-COMPETE CLAUSES

Mr. Fuller gave an overview of the law on non-compete clauses in Wyoming and surrounding states (Appendix 8-01).

Representative Clark Stith presented a bill draft regarding prohibitions on contracts that are in restraint of trade and discussed issues with non-compete clauses (Appendix 8-02).

No members of the public commented on this topic.

Representative Zwonitzer moved to have the Committee consider Representative Stith's bill draft and to include definitions for "specialized training" and "substantially all." The motion passed by a voice vote.

BIAS CRIME REPORTING REQUIREMENTS

Ms. Creech provided an overview of bias-motivated crime definitions in other states and gave examples of other states' reporting requirements for bias-motivated crimes (Appendix 10-01).

Representative Pat Sweeney described 2021 House Bill 218 and expressed support for the Committee to consider a similar bill draft.

Jeremy Shaver, Senior Associate Regional Director, Anti-Defamation League (ADL), provided a brief history of his organization's involvement in working with states to enact bias-motivated offenses and reporting requirements and described characteristics ADL uses to define bias-motivated crime laws.

Sabrina King, ACLU of Wyoming, described nuances between state bias-motivated crime laws and reporting mechanisms (Appendix 10-02). Ms. King also described how other states, including Utah, have addressed reporting requirements for these offenses.

JOINT JUDICIARY COMMITTEE Summary of Proceedings

Cara Chambers, Director, Division of Victim Services, Attorney General's Office, described statutory requirements for the collection of data for crime in Wyoming and issues with having agencies report data and enforcing data-reporting requirements.

Public Comment

Amber Pollock, Casper (and member of Casper's City Council), described her experiences in Casper and noted the need for amendments to current statute and the need for accurate data of crimes for reporting purposes.

Jimmy Simmons, Pikes Peak Southern Christian Leadership Conference, described issues with racism and the issue of underreporting of bias-motivated offenses.

Rob Johnston, PFLAG Chapter President, gave an overview of his organization and expressed support for 2021 House Bill 218.

Debbie Herron, Director of Public Affairs, Walmart Stores, expressed support for bias-motivated legislation similar to 2021 House Bill 218.

Sarah Strunk, UPS, expressed support for passing bias-motivated crime legislation and expressed support for meaningful policies to advance equal rights.

Tyler Setser, Multi-Engage Council, noted the issue of youth leaving Wyoming and the need for further reporting and statutory changes to enhance criminal punishments.

Sara Burlingame, Executive Director, Wyoming Equality, noted issues with attracting workers to Wyoming and expressed support for thoughtful changes, including consideration of enhanced sentencing.

Deacon Mike Leman, Diocese of Cheyenne Legislative Liaison, described the need for supporting free speech when considering this issue and expressed concerns about the effect legislation may have on free speech.

E'Lanae Medford Johnson, Casper, described the need for additional protections for LGBTQ children in the community.

Dale Steenbergen, Cheyenne Chamber of Commerce, described the need for legislation to help change the perception of companies considering Wyoming and to improve Wyoming business.

Committee Action Representative Yin moved for a bill draft to require data reporting requirements in current statute based on Utah law. The motion passed by a show of hands.

Representative Zwonitzer moved for a bill draft to make the offense in W.S. 6-9-102 a felony. The motion failed by a show of hands.

Representative Yin moved to have a bill draft to amend W.S. 6-9-102 to have the protected classes mirror those included in the federal Civil Rights Act of 1964. The motion passed by a show of hands.

JOINT JUDICIARY COMMITTEE Summary of Proceedings

REVIEW OF WYOMING SUPREME COURT OPINIONS

Mr. Fuller provided an overview of Board of Trustees of Laramie County v. Board of County Commissioners of Laramie County (Appendix 11-07), which addressed whether a board of county commissioners has authority to dissolve a county fair board (Appendix 11-02).

Senator Kolb moved for a bill draft that would authorize boards of county commissioners to dissolve any board that it created under statute. The motion passed by a show of hands.

Mr. Fuller provided an overview of Dockter v. Lozano (Appendix 11-09), which concerned the applicability of the exoneration rule in legal-malpractice actions.

The Committee took no action after hearing a summary of this case.

No members of the public commented on this topic. The Committee directed that three cases be moved to its next meeting for consideration.

MEETING ADJOURNMENT Chairman Nethercott adjourned the meeting at 5:57 p.m.

Respectfully submitted,

Representative Jared Olsen, Co-Chairman

JOINT JUDICIARY COMMITTEE Summary of Proceedings

Index Agenda Item Document Description Document Provider Number

1-01 Agenda LSO

Call to Order and 1-02 Sign-in Sheet LSO Announcements

Call to Order and 1-03 Proposed Interim Committee Rules LSO Announcements

2-01 Juvenile Justice Summary-Judiciary-Juvenile Justice LSO

Summary-Community Juvenile Services Board 2-02 Juvenile Justice LSO Funding

Wyoming Department of 2-03 Juvenile Justice Appendix A: CJSB Summary for LSO Family Services

Wyoming Department of 2-04 Juvenile Justice Appendix B: CJSB Funding Information Family Services

2-05 Juvenile Justice Juvenile Justice Data Collection in Wyoming LSO

Wyoming Department of 2-06 Juvenile Justice Appendix A: Annual JDRA Legislative Report Family Services

Wyoming Department of 2-07 Juvenile Justice Appendix B: SACJJ Annual Report Family Services

2-08 Juvenile Justice CHINS Data White Paper 2019 LSO

Council of State 2-09 Juvenile Justice Improving Outcomes for Youth Presentation Governments Justice Center

Council of State 2-10 Juvenile Justice IOYouth Marketing Information Governments Justice Center

Council of State 2-10 Juvenile Justice WY Justice Reinvestment Governments Justice Center

JOINT JUDICIARY COMMITTEE Summary of Proceedings

Council of State 2-11 Juvenile Justice Wyoming Fair Chance Licensing Governments Justice Center

Council of State 2-12 Juvenile Justice Building on Fair Chance Licensing Governments Justice Center

Department of Family 2-14 Juvenile Justice Wyoming's Juvenile Justice System Services

Wyoming Youth Service 2-15 Juvenile Justice Wyoming Juvenile Justice Placements Association

2-16 Juvenile Justice Juvenile Justice Presentation Dep't of Family Services

State Advisory Council on 2-17 Juvenile Justice SACJJ Presentation Juvenile Justice

Title 25 Review - 5-01 Involuntary Hospitalizations Summary-Title 25 LSO and Emergency Detentions

Title 25 Review - 5-02 Involuntary Hospitalizations 2021 Senate File 31 LSO and Emergency Detentions

Electronic Filing and 6-01 Electronic Records in Judicial Branch Presentation Wyoming Supreme Court Wyoming Courts

Operational Efficiencies in 7-01 Summary-Wyoming Courts LSO Wyoming Courts

Operational Efficiencies in Update to State Court Structures and Judge 7-02 LSO Wyoming Courts Selection

Operational Efficiencies in Appendix A: Special Report State Court 7-03 LSO Wyoming Courts Organization

Operational Efficiencies in 7-04 Judicial Branch Presentation Wyoming Supreme Court Wyoming Courts

Review of Non-Compete 8-01 Summary-Noncompete Clauses LSO Clauses

Review of Non-Compete 8-02 21LSO-0272, Contracts in restraint of trade. LSO Clauses

JOINT JUDICIARY COMMITTEE Summary of Proceedings

Bias Crime Reporting 10-01 Bias-Motivated Crimes LSO Requirements

Bias Crime Reporting 10-02 Hate Crimes by State Sabrina King Requirements

Review of Wyoming 11-01 Summary-Romine (WGCA) LSO Supreme Court Opinions

Review of Wyoming 11-02 Summary-Laramie County Fair Board LSO Supreme Court Opinions

Review of Wyoming 11-03 Summary-In re AAAE LSO Supreme Court Opinions

Review of Wyoming 11-04 Summary-Dockter (Exoneration) LSO Supreme Court Opinions

Review of Wyoming 11-05 Summary-Harrison (WSORA) LSO Supreme Court Opinions

Review of Wyoming 11-06 Wyo. State. Hospital v. Romine (Case) LSO Supreme Court Opinions

Review of Wyoming 11-07 Laramie Cty. Fair Board (Case) LSO Supreme Court Opinions

Review of Wyoming 11-08 In re AAAE (Case) LSO Supreme Court Opinions

Review of Wyoming 11-09 Dockter v. Lozano (Case) LSO Supreme Court Opinions

Review of Wyoming 11-10 Harrison v. State (Case) LSO Supreme Court Opinions

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