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 October 31-November 1, 2019 | 8:00 a.m. Wyoming Liquor Commission 6601 Campstool Road Cheyenne, Wyoming COMMITTEE MEMBERS PRESENT Senator Tara Nethercott, Co-Chairman Representative Dan Kirkbride, Co-Chairman Senator Liisa Anselmi-Dalton Senator Brian Boner (October 31) Senator R. J. Kost Senator Michael Von Flatern Representative Sara Burlingame Representative Chuck Gray Representative Mark Jennings Representative Charles Pelkey Representative Bill Pownall Representative Tim Salazar Representative Clark Stith Representative Art Washut LEGISLATIVE SERVICE OFFICE STAFF Brian Fuller, Staff Attorney MaryBeth Oatsvall, Legislative Editor Danielle Creech, Associate Research Analyst 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 19 EXECUTIVE SUMMARY The Committee met for two days in Cheyenne. The Committee heard testimony and voted not to sponsor legislation regarding the reporting of and relief from firearm disqualification. The Committee heard discussion on and voted to sponsor draft legislation concerning probation and parole sanctions; good time allowances for jail time; indigency standards for appointment of the public defender; consolidation of theft crimes; missing and murdered persons; Consumer Protection Act amendments; budget and financial data reporting; warrants for digital records; human trafficking penalties; the statute of limitations for a civil action for child sexual abuse; creation of the Office of Parent Counsel; qualified residential treatment programs; digital expression protection; and disclosure of private cryptographic keys. The Committee voted to have a bill drafted for amending jury procedures. The Committee also received updates regarding the Wyoming Children's Trust Fund and a municipal-court building in Cheyenne. CALL TO ORDER (OCTOBER 31, 2019) Chairman Kirkbride called the meeting to order at 8:00 a.m. The following sections summarize the Committee proceedings by topic. Please refer to Appendix 1-01 to review the Committee Meeting Agenda. APPROVAL OF MINUTES The Committee considered the minutes from the August meeting. Senator Anselmi-Dalton moved that the minutes be revised on page 4 under “Committee Action” to delete “Representatives Jennings” and insert “Co-Chairman Kirkbride and Representatives”. Also, on page 5, under “Supreme Court Updates,” delete “Monger” and insert “Munger”. The Committee approved the minutes as revised by voice vote. The August minutes were updated accordingly. FIX NICS Introduction of bill draft: Reporting of and relief from firearm disqualification. Brian Fuller, Staff Attorney, gave an overview of 20LSO-0097 (Appendix 3-05), which creates a procedure for a person disqualified from possessing firearms for mental health reasons to challenge the disqualification and seek restoration of those rights. The draft requires the collection and disclosure of specified mental health information and requires state and local agencies to report the information to the national instant criminal background check system. John Karakoulakis, National Shooting Sports Foundation, expressed support for the bill draft and the proposed amendments that the National Rifle Association (NRA) submitted (Appendix 3-01). Judge Thomas Campbell, First Judicial District Court, discussed civil commitment, the adjudication process, reporting by the court, and final determination of the mental health prohibitor. Public Comment Peggy Trent, Wyoming County & Prosecuting Attorneys Association, expressed concerns with the bill draft and the disparate workload that may be placed on some county attorney offices and courts. Mark Gaskill, a marriage and family therapist, expressed the need for Wyoming to focus on reducing the stigma of mental health and expressed concern with turning data over to the federal government. Kit Jennings discussed HIPAA regulations, gun control, and expressed opposition to the bill draft (Appendices 3-02 and 3-03). 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 19 Senator Anthony Bouchard expressed opposition to the bill draft. Senator Tom James expressed opposition to the bill draft and provided comments urging the Committee to vote “no” from former Representative Marti Halverson (Appendix 3-04). Committee Action Representative Pelkey moved the Committee sponsor 20LSO-0097. The motion failed by roll call vote of the Senate members. Senators Anselmi-Dalton, Boner, Kost, and Chairman Nethercott, and Representatives Gray, Jennings, Salazar, and Washut voted “no.” JUSTICE REINVESTMENT UPDATES Robert O. Lampert, Director, and Steve Lindly, Deputy Director, Wyoming Department of Corrections (DOC), provided the Committee with a status update on the 2019 justice reinvestment legislation, implementation, and recommendations (Appendix 4-01). Introduction of bill draft: Good time allowances for jail time. Mr. Fuller provided an overview of 20LSO-0123 (Appendix 4-02), which provides requirements for establishing rules for good time to be awarded for certain time spent in jail. Director Lampert outlined the need for changes to good time and expressed support for the bill draft. Introduction of bill draft: Probation and parole sanctions-amendments. Mr. Fuller provided an overview of 20LSO-0124 (Appendix 4-03), which clarifies eligibility for sanctions for probationers and parolees and makes amendments to available sanctions and time limits for sanctions for certain offenders. Deputy Lindly discussed the intent of the bill and expressed support for the bill draft. Mike Causey, Executive Director, Board of Parole, expressed support for the bill draft and the changes from the August meeting. Public Comment Ms. Trent generally expressed support for both bill drafts and suggested one clarification for the good-time bill draft. Committee Action Representative Pownall moved the Committee sponsor 20LSO-0123. The motion passed unanimously by roll call vote. The Committee adopted the following amendments: Page 2-lines 21 through 23 Delete entirely and insert: "Section 2. (a) The provisions of this act shall apply to all persons who, on or after the effective date of this act, are: 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 19 (i) Currently incarcerated pending trial; (ii) Convicted of a crime and currently awaiting sentencing; (iii) Sentenced for any crime and currently incarcerated; (iv) Currently serving a sentence; (v) Currently on parole.". Representative Pownall moved the Committee sponsor 20LSO-0124. The motion passed unanimously by roll call vote. The Committee adopted the following amendments: Page 3-lines 18 through 23 Delete entirely. Page 4-lines 1 and 2 Delete entirely and insert: “(f) Subject to subsection (b) of this section, the department may, as an administrative sanction pursuant to W.S. 7-13-1801 through 7-13-1803, require impose the administrative sanctions provided in W.S. 7-13-1802(b) on any probationer participating in an intensive supervision program who violates the rules and restrictions of the program to participate in a residential adult community correctional program for a period not to exceed sixty (60) days as an alternative to probation revocation.”. Page 4-lines 17 through 22 Delete entirely. Page 5-lines 1 and 2 Delete entirely and insert: “(g) Subject to subsection (b) of this section, the department may, as an administrative sanction pursuant to W.S. 7-13-1801 through 7-13-1803, require impose the administrative sanctions provided in W.S. 7-13-1802(b) on any parolee participating in an intensive supervision program who violates the rules and restrictions of the program to participate in an adult residential community correctional program for a period not to exceed sixty (60) days as an alternative to parole revocation.”. PUBLIC DEFENDER ISSUES Diane Lozano, State Public Defender, provided the committee with an update regarding staffing of public- defender offices around the state. Introduction of bill draft: Public defender-indigency standards. Mr. Fuller provided an overview