MINUTES OF THE

TASK FORCE ON INVOLUNTARY COMMITMENT OF THE MENTALLY ILL

Tuesday, November 19, 2002 - 8:30 a.m. - Room 414 - 416 State Capitol



Members Present:

Sen. Leonard M. Blackham, Senate Chair

Rep. Katherine M. Bryson, House Chair

Sen. David L. Gladwell

Sen. Karen Hale

Sen. Lyle W. Hillyard

Rep. Douglas C. Aagard

Rep. Judy Ann Buffmire

Rep. Neil A. Hansen

Rep. Carol Spackman Moss

Members Absent:

Sen. D. Edgar Allen

Rep. Chad E. Bennion

Rep. Mike Thompson



Staff Present:

Mr. Arthur L. Hunsaker, Research Analyst

Ms. Esther D. Chelsea-McCarty, Associate General Counsel

Ms. Glenda S. Whitney, Legislative Secretary

Note: A list of others present and a copy of materials can be found at http://image.le.utah.gov.imaging/history.asp or by contacting the Office of Legislative Research and General Counsel.



1. Call to Order and Committee Business



Chair Bryson called the meeting to order at 8:40 a.m.



MOTION: Sen. Hale moved to approve the minutes of the November 6, 2002 meeting. The motion passed unanimously, with Sen. Hillyard absent for the vote.



2. Draft Legislation - Involuntary Commitment Amendments



Chair Bryson noted that this was the last meeting for the task force to review the draft legislation "Involuntary Commitment Amendments." She asked for final recommendations to the bill. After task force discussion, they made the following motions:



MOTION: Sen. Gladwell moved on page 2, line 56, to make a technical change by deleting "62A-16-1002" and inserting "62A-15-1002." The motion passed unanimously, with Sen. Hillyard absent for the vote.



MOTION: Sen. Gladwell moved on page 6, line 164, to delete "which may cause" and insert "causing". The motion passed unanimously, with Sen. Hillyard absent for the vote.



MOTION: Sen. Hillyard moved on page 10, line 290, after "relevant" to delete the "," and after "historical" delete the "," and after "material" delete "evidence" and insert "information". The motion passed unanimously.



Rep. Bryson distributed a written amendment to be added to page 9, line 265, for the task force to review.



MOTION: Sen. Blackham moved to add Rep. Bryson's amendment to the bill.

On page 9, after line 265, to insert:

"(b) The examiner shall inform the patient that he or she has the right to remain silent, the nature and reasons for the examination, that it was ordered by the court, that any information volunteered could form part of the basis for his or her involuntary commitment, and that findings resulting from the examination will be made available to the court."



SUBSTITUTE MOTION: Sen. Hillyard moved to add the language from the previous motion, but after "patient" to insert "who is not represented by an attorney." The motion passed unanimously.



MOTION: Rep. Moss moved on page 6, line 184, after "or" to insert "to the". The motion passed unanimously, with Sen. Gladwell absent for the vote.



MOTION: Sen. Hillyard moved to adopt the draft legislation "Involuntary Commitment Amendments" as amended, as a task force bill. The motion passed unanimously, with Sen. Gladwell absent for the vote.



Chair Bryson thanked the task force and public for their participation in recommending language to the draft legislation. She said the draft legislation "Involuntary Commitment Amendments," will be presented to the Health and Human Services Interim Committee for their approval.



MOTION: Rep. Aagard moved to adjourn the meeting. The motion passed unanimously, with Sen. Gladwell absent for the vote. Chair Bryson adjourned the meeting at 9:35 a.m.