Present: Representative Doug Osborn, Chairman

Senators: John Schiffer and Delaine Roberts

Representatives: Jack Landon, Carolyn Paseneaux, and Stephen Watt

Representative Gerald Gay also attended portions of the meeting although not a formal member of the subcommittee

Legislative Service Office: Travis Samulski, Staff Attorney

Absent: None

Others: See Appendix A.

Agenda: See Appendix B.

* * * * * * * *

June 27, 2001

The meeting was called to order at 8:00 a.m. on Wednesday, June 27, 2001, by Representative Osborn.

Senator Schiffer addressed the subcommittee regarding a pilot program which was available in Salt Lake City, Utah relating to early intervention of persons with mental illness problems.

Substance Abuse Control Plan, Dr. Diane Galloway, Roger McDaniel

Dr. Galloway, the director of the division of substance abuse introduced Roger McDaniel the coordinator of the drug court program for the substance abuse division. Mr. McDaniel provided the subcommittee with a power point presentation on the goals and direction of the substance abuse control plan. He indicated the primary goal of house bill 83 was to submit a comprehensive plan to address prevention of substance abuse in Wyoming. Referring to Wyoming's approach with the slogan "Vision 20/20" Mr. McDaniel indicated the important distinction between Wyoming and any other state was Wyoming's determination to look at the plan comprehensively rather than piecemeal. Thus far, Mr. McDaniel indicated he has worked closely with various agencies while gathering information to create a picture of what is or is not happening. Through interviews and meetings with these organizations the substance abuse division has garnered a thorough knowledge of where the weaknesses in the present system are.

Senator Roberts asked whether Wyoming now knew what needed to be done. Mr. McDaniel said under funding throughout the system was responsible for several of Wyoming's deficiencies in the substance abuse arena. Senator Schiffer emphasized the importance of keeping the district court judge apprised of what programs were available. Representative Watt inquired as to whether the program would require some sort of education before a person started using and not just concern itself with those people who were presently using. Mr. McDaniel said this would be a major part of the house bill 83 plan. He emphasized the importance of understanding this was going to take a comprehensive effort and there was no magic bullet which would cure all of the substance abuse problems in Wyoming. To show the comprehensive nature of Wyoming's plan, Mr. McDaniel emphasized the number of national researchers and experts who would be involved.

Representative Paseneaux indicated she had been to seminars which had shown if a person has a history of drug and alcohol use then it often predisposed a future use of alcohol or drugs. Genetics can also play a role. Mr. McDaniel noted this was an interesting field and agreed with the sentiments expressed by Representative Paseneaux.

Mr. McDaniel provided the subcommittee with a series of handouts included as Appendix C (history of person from birth through incarceration, Appendices D and E (Criminal history of two people), Appendix F (Column from the Cheyenne Tribune Eagle of police arrests).

Representative Watt felt it was important to understand how much of the problem lay in the social acceptance of drinking and the high level of toleration in Wyoming. He asked whether we were trying to change this aspect of life in Wyoming. Mr. McDaniel indicated this was likely a question of what adults were willing to give up to send a message regarding the problem in Wyoming.

Senator Schiffer emphasized the importance of the transition from juvenile to adult. This was important because a person going from juvenile to adult was given a "clean slate."

Mr. McDaniel addressed the subcommittee on those aspects which were working. He felt the strong points in Wyoming were the commitment of the people, the movement on the drug court, and the strong law enforcement which the state had. The next step, according to Mr. McDaniel would be getting an initial draft of the substance abuse control plan established. This should occur by late July.

Mr. McDaniel provided the subcommittee with additional handouts, Appendix G (The Image, The Reality and the Vision A Report from the Governor's Advisory Board on Substance Abuse and Violent Crime), Appendix H (12 Disturbing Facts About Substance Abuse in Wyoming), Appendix I (Current Funding for Community Substance Abuse Services), Appendix J (Substance Abuse Resource Directory), Appendix K (National Drug Court Institute Review), and Appendix L (Critical Choices: Making Drug Policy at the State Level).

Mike Huston of the Wyoming Association of Mental Health Centers addressed the issue and emphasized the importance of a statewide plan. He echoed the sentiments of Mr. McDaniel. He also discussed the relationship of substance abuse and mental health problems with the subcommittee. Senator Roberts emphasized the importance of public involvement –without it he did not see any way the legislature could succeed. Representative Landon interjected the substance abuse problem also correlated with drop outs from school. Ultimately, Mr. Huston felt we may not get to a point of total abstinence, but he did not know what was or was not a reasonable level.

Senator Schiffer felt it was important to get parents involved in the process. He suggested LSO should look at ways to get families involved in the process through statutory revisions. The subcommittee was in full agreement that Mr. Samulski should look at statutory changes to require more parental involvement when a juvenile has committed a wrong. Senator Schiffer brought forth the suggestion of a family court which is available in other states.

Licensure and Certification of Counselors

John McMahon, director of the Northern Wyoming Mental Health Center addressed the issue of licensure and certification of counselors. He emphasized the basic question was what the new term "substantially comparable" meant as the term had been substituted for the term "substantially similar" during the previous legislative session. Although this change was made, other changes were still necessary.

Additionally, under the Wyoming statutes, licensed professionals had been given 36 months to meet Wyoming requirements regarding licensure. An additional recommended change was with regard to a licensed clinician only being able to supervise one assistant. Mr. McMahon felt this should be changed to three assistants.

Mr. Huston provided a specific example to the subcommittee of one person who had substantial experience and background for a position as a licensed counselor, but he could not hire the individual because the individual did not have a college degree. These were the sort of issues which the subcommittee needed to address through additional legislation.

Garth Shanklin, representing the Mental Health Professional Licensure Board, suggested grandparenting language. Additionally, the board would need its own ability to enforce the regulations through criminal background checks. Criminal background checks were necessary because often people were running from another problem when they came to Wyoming. Representative Paseneaux suggested there should be some sort of reciprocity given to those mental health professionals who were already practicing in other states.

The subcommittee suggested that Mr. Samulski work with Morris Gardner from the the board of mental health licensure and Angela Dougherty from the attorney general's office on possible changes to the act. Mr. Samulski should report to Representatives Paseneaux and Landon on the status of this legislation before the next subcommittee meeting.

Substance Abuse Follow Up, After Care and Community Reintegration

Les Pozsgi, from the department of family services, addressed the subject of community reintegration. Mr. Pozsgi indicated a high percentage of those children who come through DFS receive placement reviews after being placed in foster homes. Tony Lewis, assistant director of the department of family services, expressed the need for strong family involvement. The important aspect was communication between the department of family services and corrections.

Mr. Pozsgi provided the subcommittee with a handout entitled "Department of Family Services Services for Juveniles with Substance Abuse Issues Transitioning from Placement by District" (Appendix M).

Steve Lindly and Judy Uphoff from the department of corrections, also addressed the issue. They provided the subcommittee with background on those services which were available. For proper treatment a minimum of 400 beds was necessary. Essentially, the state prison is planning for the release of an inmate from the moment someone enters. Mr. Lindly emphasized the importance of a treatment piece when someone enters a corrections facility.

Representative Osborn inquired as to the number of clients a probation officer has. Steve Lindly indicated on average each probation officer had roughly 72 clients. This was a fairly consistent number in his estimation. Senator Schiffer asked about the number of repeat offenders in the substance abuse area. Ms. Freitas estimated that about 40% of all clients return and that roughly 70% of those are substance abuse related. Dr. Bob Mackey from Community Education Centers estimated the percentage of returners should be approximately 20 to 30 percent. Mr. Lindly indicated Wyoming did not have a short term revocation center. This center was not a secure facility. Senator Roberts asked what the one thing would be the legislature could do. Ms. Uphoff indicated the area would be substance abuse - corrections needed to be in a position to address this situation.

Chris S. Litigation

Senator Schiffer provided the subcommittee with background on the ongoing Chris S. litigation. Having settled the litigation the primary goal of the state was to provide appropriate continuum of services to patients. The seven areas which the state needed to address after the litigation included: revision of title 25, providing services to clients, establishment of standards of care, appropriate case management, a funding plan, accountability and continued quality improvement.

Mental Health of Prison Population

The subcommittee addressed the issue of treatment of mentally ill offenders in prisons. Director Uphoff and Dr. Hernandez provided background in this area. Director Uphoff indicated roughly 475 individuals met the definition of mentally ill roughly 102 of those were incarcerated while another 275 were on probation. She emphasized the importance of transitioning the mentally ill into a community. Director Uphoff indicated the substance abuse and mental health populations had similar tracks for incarceration. She provided the subcommittee with handouts on the seriously persistently mentally ill. (Appendix N).

Dr. Hernandez told the subcommittee the key was that the team provide a clinical approach to the problem. The team will be composed of safety people, clinical people and after care providers and these providers would be linked together.

Mental Health in Wyoming State Boys' and Girls' Schools

Mr. Pozsgi indicated these types of services were available at the boys' and girls' schools. The girls' school has clinicians on staff while the boys' school has an agreement with Washakie Mental Health Center to provide such services. Mr. Pozsgi provided the subcommittee with a handout on Mental Health Issues and Juvenile Justice (Appendix O)

Other Alternatives

Mark Hardee of Frontier Corrections advised the subcommittee as to the services which his organization provided. His discussion is contained in appendices P (Youth Services Program Guide) and Q (pamphlets on Frontier Corrections).

Dr. Bob Mackey of Community Education Centers also addressed the subcommittee on the services his organization – community education services provided. Most of his presentation is contained in appendices R (Community Education Centers folder) and S (Talbot Hall). Dr. Mackey, after questioning from Representative Paseneaux, felt for the present amount of money which the state spends in housing out of state prisoners he could provide a full service center in state. The general goals of such centers were to help people work toward getting their GED and then gaining employment.

Drug Courts

Dr. Galloway and Jodi Bear of the Sheridan drug court addressed the subcommittee on the status of drug courts in the state of Wyoming. Dr. Galloway indicated seven drug courts should be up and running by the end of the year. They included Park, Campbell, Fremont, Laramie, Lincoln, Sheridan, and Uinta counties. Other drug courts were in the process of attempting to gain funding. Ms. Bear indicated an issue existed with regard to the statutory probation period which was allowed. This was an area of possible legislation, but she felt she should discuss the issue more with the county attorney's office in Sheridan first.

The subcommittee watched a short video on drug courts in Wyoming.

Work session/next meeting

No confirmed date was established for the next meeting. Representative Osborn felt early September in a community with a drug court might be convenient for facilitation of discussion on the issue of drug courts.

There being no further business the meeting was adjourned.

Respectfully submitted,

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Representative Doug Osborn, Chair