Colorado House Bill HB1256 Introduced / Bill

                    Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
 
 
LLS NO. 22-0257.01 Shelby Ross x4510
HOUSE BILL 22-1256
House Committees Senate Committees
Public & Behavioral Health & Human Services
A BILL FOR AN ACT
C
ONCERNING MODIFICATIONS TO CIVIL INVOLUNTARY COMMITMENT101
STATUTES FOR PERSONS WITH MENTAL HEALTH DISORDERS	.102
Bill Summary
(Note:  This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Current law sets forth emergency procedures to transport a person
for a screening and to detain a person for a 72-hour treatment and
evaluation if the person appears to have a mental health disorder, and as
a result of the mental health disorder, appears to be an imminent danger
to the person's self or others, or appears to be gravely disabled. Current
law also sets forth procedures to certify a person for short-term or
HOUSE SPONSORSHIP
Amabile and McCluskie, Pelton
SENATE SPONSORSHIP
Moreno and Gardner, 
Shading denotes HOUSE amendment.  Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. long-term care and treatment if the person has a mental health disorder,
and as a result of the mental health disorder, is a danger to the person's
self or others, or is gravely disabled. The bill modifies these procedures
by:
! Transferring duties of the executive director of the
department of human services to the commissioner
(commissioner) of the behavioral health administration
(BHA);
! Limiting who can take a person into protective custody and
transport the person to an outpatient mental health facility,
a facility designated by the commissioner of the BHA
(designated facility), or an emergency medical services
facility (EMS facility) if the person has probable cause to
believe a person is experiencing a behavioral health crisis; 
! Requiring the facility where the person is transported to
require an application, in writing, stating the circumstances
and specific facts under which the person's condition was
called to the attention of a certified peace officer or
emergency medical services provider;
! Requiring an intervening professional to screen the person
immediately or within 8 hours after the person's arrival at
the facility to determine if the person meets the criteria for
an emergency mental health hold;
! Establishing certain rights for a person being transported,
which must be explained prior to transporting the person;
! Requiring a petition for certification for long-term
treatment and care to be filed with the court at least 30 days
prior to the expiration of the extended certification and
requiring the petition to include a recommendation as to
whether the certification should take place on an inpatient
or outpatient basis;
! Effective July 1, 2023:
! Subjecting a person who files a malicious or false
petition for an evaluation of a respondent to
criminal prosecution;
! Authorizing a certified peace officer to transport a
person to an emergency medical services facility
(EMS facility), even if a warrant has been issued for
the person's arrest, if the certified peace officer
believes it is in the best interest of the person;
! Authorizing an intervening professional or certified
peace officer to initiate an emergency mental health
hold at the time of screening the respondent;
! Authorizing a secure transportation provider to take
a respondent into custody and transport the person
HB22-1256
-2- to an EMS facility or designated facility for an
emergency mental health hold;
! Expanding the list of professionals who may
terminate the emergency mental health hold; 
! Requiring the evaluation to be completed using a
standardized form approved by the commissioner;
! Expanding who can initiate a certification to include
an advanced practice registered nurse with training
in psychiatric nursing and prescriptive authority;
! Requiring an EMS facility to immediately notify the
BHA if a person is evaluated and the evaluating
professional determines that the person continues to
meet the criteria for an emergency mental health
hold and the initial emergency mental health hold is
set to expire before an appropriate placement is
located;
! Requiring the BHA to support the EMS facility in
locating an appropriate placement option. If an
appropriate placement option cannot be located, the
bill authorizes the EMS facility to place the person
under a second emergency mental health hold and
requires the court to immediately appoint an
attorney.
! Authorizing a designated facility to place the person
under a second emergency mental health hold if the
person has been recently transferred from an EMS
facility to the designated facility and the designated
facility is unable to complete the evaluation before
the initial emergency mental health hold is set to
expire; and
! Requiring the facility to provide the person with a
discharge summary and a copy of the completed
evaluation; facilitate a follow-up appointment
within 7 calendar days after discharge; attempt to
follow up with the person 48 hours after discharge;
and encourage the person to designate a family
member, friend, or lay person to participate in the
person's discharge planning.
! Effective January 1, 2025:
! Authorizing the court to certify a respondent for not
more than 3 months for short-term treatment and
place the respondent in the BHA's custody without
the need for an emergency mental health hold upon
a petition of certain individuals;
! Requiring the court to commit the respondent to the
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-3- custody of the BHA if the court finds that grounds
for certification for short-term treatment have been
established;
! Authorizing the judge or magistrate who certified
the respondent for short-term treatment to sign the
notice of certification;
! Requiring the notification of certification to include
a recommendation whether the certification should
take place on an inpatient or outpatient basis;
! Authorizing the BHA to delegate physical custody
of the respondent to a designated facility;
! Requiring an extended certification to be filed with
the court at least 30 days prior to the expiration of
the original certification;
! Establishing requirements for a short-term or
long-term certification on an outpatient basis; and
! Requiring the outpatient treatment provider, in
collaboration with the BHA, to develop a treatment
plan for the respondent and requiring the BHA to
create a one-step grievance process for the
respondent related to the respondent's treatment plan
or provider.
The bill establishes a right to an attorney for a person certified for
short-term or long-term care and treatment, regardless of income.
The bill establishes certain rights for a person transported or
detained for an emergency mental health hold or certified on an outpatient
basis. The bill modifies current rights for a person certified for short-term
or long-term care and treatment on an inpatient basis. The bill grants a
person whose rights are wrongfully denied or violated a private right of
action against the facility.
Beginning January 1, 2025, the bill requires the BHA to annually
submit a report to the general assembly on the outcomes and effectiveness
of the involuntary commitment system, disaggregated by region,
including any recommendations to improve the system and outcomes for
persons involuntarily committed or certified.
The bill makes conforming amendments.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, amend with2
relocated provisions article 65 of title 27 as follows:3
ARTICLE 654
HB22-1256-4- Care and Treatment of Persons1
with Mental Health Disorders2
27-65-101.  Legislative declaration. (1)  The general assembly3
declares that subject to available appropriations, the purposes of this4
article 65 are:5
(a)  To secure for each person with a mental health disorder such6
care and treatment suited to his or her THE PERSON'S needs and to ensure7
that the care and treatment are skillfully and humanely administered with8
full respect for the person's dignity and personal integrity;9
(b)  To deprive a person of his or her THE PERSON'S liberty for10
purposes of care or treatment only when less restrictive alternatives are11
unavailable and only when his or her THE PERSON'S safety or the safety of12
others is endangered;13
(c)  To provide the fullest possible measure of privacy, dignity, and14
other rights to persons undergoing care and treatment for a mental health15
disorder;16
(d)  To encourage the use of voluntary, rather than coercive,17
measures to provide care and treatment for mental health disorders and18
to provide the care and treatment in the least restrictive setting;19
(e)  To provide appropriate information to family members20
concerning the location and fact of admission of a person with a mental21
health disorder to inpatient or residential care and treatment;22
(f)  To encourage the appropriate participation of family members23
in the care and treatment of a person with a mental health disorder and,24
when appropriate, to provide information to family members in order to25
facilitate that participation; and26
(g)  To facilitate the recovery and resiliency of each person who27
HB22-1256
-5- receives care and treatment pursuant to this article 65.1
(2)  To carry out these purposes, subject to available2
appropriations, the provisions of this article shall ARTICLE 65 MUST be3
liberally construed.4
27-65-102.  Definitions. As used in this article 65, unless the5
context otherwise requires:6
(1)  "Acute treatment unit" means a facility or a distinct part of a7
facility for short-term psychiatric care, which may include treatment for8
substance use disorders, that provides a total, twenty-four-hour,9
therapeutically planned and professionally staffed environment for10
persons who do not require inpatient hospitalization but need more11
intense and individual services than are available on an outpatient basis,12
such as crisis management and stabilization services.13
(2)  "B
EHAVIORAL HEALTH ADMINISTRATION " OR "BHA" MEANS14
THE BEHAVIORAL HEALTH ADMINISTRATION ESTABLISHED IN SECTION15
27-60-203.16
(3)  "B
EHAVIORAL HEALTH CRISIS " MEANS A SIGNIFICANT17
DISRUPTION IN A PERSON 'S MENTAL OR EMOTIONAL STABILITY OR18
FUNCTIONING RESULTING IN AN URGENT NEED FOR IMMEDIATE19
ASSESSMENT AND TREATMENT TO PREV ENT A SERIOUS DETERIORATION IN20
THE PERSON'S MENTAL OR PHYSICAL HEALTH.21
(4)  "B
EHAVIORAL HEALTH CRISIS RESPONSE TEAM " MEANS A22
MOBILE TEAM THAT RESPONDS TO PEOPLE IN THE COMMUNITY WHO ARE IN23
A BEHAVIORAL HEALTH CRISIS AND INCLUDES AT LEAST ONE LICENSED OR24
BACHELOR-DEGREE-LEVEL BEHAVIORAL HEALTH WORKER . A25
"
BEHAVIORAL HEALTH CRISIS RESPONSE TEAM " INCLUDES, BUT IS NOT26
LIMITED TO, A CO-RESPONDER MODEL, MOBILE CRISIS RESPONSE UNIT, OR27
HB22-1256
-6- A COMMUNITY RESPONSE TEAM .1
(1.5) (5)  "Behavioral health entity" means a facility or provider2
organization engaged in providing community-based health services,3
which may include behavioral health disorder services, alcohol use4
disorder services, or substance use disorder services, including crisis5
stabilization, acute or ongoing treatment, or community mental health6
center services as described in section 27-66-101 (2) and (3), but does not7
include:8
(a)  Residential child care facilities as defined in section 26-6-1029
(33); or10
(b)  Services provided by a licensed or certified mental health-care11
provider under the provider's individual professional practice act on the12
provider's own premises.13
(2) (6)  "Certified peace officer" means any certified peace officer14
as described in section 16-2.5-102. C.R.S.15
(7)  "C
OMMISSIONER" MEANS THE COMMISSIONER OF THE16
BEHAVIORAL HEALTH ADMINISTRATION ESTABLISHED IN SECTION17
27-60-203.18
(3)
 (8)  "Court" means any district court of the state of Colorado19
and the probate court in the city and county of Denver.20
(4) (9)  "Court-ordered evaluation" means an evaluation ordered21
by a court pursuant to section 27-65-106.22
(4.5) (10)  "Danger to THE PERSON'S self or others" means:23
(a)  With respect to an individual, that the individual A PERSON24
poses a substantial risk of physical harm to himself or herself THE25
PERSON'S SELF as manifested by evidence of recent threats of or attempts26
at suicide or serious bodily harm to himself or herself THE PERSON'S SELF;27
HB22-1256
-7- or1
(b)  With respect to other persons, that the individual A PERSON2
poses a substantial risk of physical harm to another person or persons, as3
manifested by evidence of recent homicidal or other violent behavior by4
the person in question, or by evidence that others are placed in reasonable5
fear of violent behavior and serious physical harm to them, as evidenced6
by a recent overt act, attempt, or threat to do serious physical harm by the7
person in question.8
(5) (11)  "Department" means the department of human services.9
(5.5) (12)  "Emergency medical services facility" means a facility10
licensed pursuant to part 1 of article 3 of title 25 or certified pursuant to11
section 25-1.5-103, or any other licensed and certified facility that12
provides emergency medical services GENERAL HOSPITAL WITH AN13
EMERGENCY DEPARTMENT OR A FREESTANDING EMERGENCY14
DEPARTMENT, AS DEFINED IN SECTION 25-1.5-114 (5). An emergency15
medical services facility is not required to be, but may elect to become,16
a facility designated or approved by the executive director for a17
seventy-two-hour treatment and evaluation pursuant to section 27-65-10518
COMMISSIONER.19
(13)  "E
MERGENCY MEDICAL SERVICES PROVIDER " HAS THE SAME20
MEANING AS SET FORTH IN SECTION 25-3.5-103 (8).21
(6)
 (14)  "Executive director" means the executive director of the22
department of human services.23
(7) (15)  "Facility" means a public hospital or a licensed private24
hospital, clinic, behavioral health entity, community mental health center25
or clinic, acute treatment unit, institution, or residential child care facility26
that provides treatment for persons with mental health disorders.27
HB22-1256
-8- (8) (16)  "Family member" means a spouse, PARTNER IN A CIVIL1
UNION, AS DEFINED IN SECTION 14-15-103 (5), parent, adult child, or adult2
sibling of a person with a mental health disorder.3
(9) (17)  "Gravely disabled" means a condition in which a person,4
as a result of a mental health disorder, is incapable of making informed5
decisions about or providing for his or her THE PERSON'S essential needs6
without significant supervision and assistance from other people. As a7
result of being incapable of making these informed decisions, a person8
who is gravely disabled is at risk of substantial bodily harm, dangerous9
worsening of any concomitant serious physical illness, significant10
psychiatric deterioration, or mismanagement of his or her THE PERSON'S11
essential needs that could result in substantial bodily harm. A person of12
any age may be "gravely disabled", but such THE term does not include a13
person whose decision-making capabilities are limited solely by his or her14
THE PERSON'S developmental disability.15
(10) (18)  "Hospitalization" means twenty-four-hour out-of-home16
placement for treatment in a facility for a person with a mental health17
disorder.18
(11) (19)  "Independent professional person" means a professional19
person as defined in subsection (17) of this section, who evaluates a20
minor's condition as an independent decision-maker and whose21
recommendations are based on the standard of what is in the best interest22
of the minor. The professional person may be associated with the23
admitting mental health facility if he or she THE PROFESSIONAL PERSON is24
free to independently evaluate the minor's condition and need for25
treatment and has the authority to refuse admission to any minor who26
does not satisfy the statutory standards specified in section 27-65-103 (3)27
HB22-1256
-9- SECTION 27-65-104 (2).1
(11.3) (20)  "Intervening professional" means a person described2
in section 27-65-105 (1)(a)(II) who may effect a seventy-two-hour hold3
under the provisions outlined in section 27-65-105 WHO IS ONE OF THE4
FOLLOWING:5
(a)  A
 PROFESSIONAL PERSON;6
(b)  A
 PHYSICIAN ASSISTANT LICENSED PURSUANT TO SECTION7
12-240-113;8
(c)  A
N ADVANCED PRACTICE REGISTERED NURSE , AS DEFINED IN9
SECTION 12-255-104 (1);10
(d)  A
 REGISTERED PROFESSIONAL NURSE, AS DEFINED IN SECTION11
12-255-104
 (11);12
(e)  A
 CLINICAL SOCIAL WORKER LICENSED PURSUANT TO PART 4 OF13
ARTICLE 245 OF TITLE 12;14
(f)  A
 MARRIAGE AND FAMILY THERAPIST LICENSED PURSUANT TO15
PART 5 OF ARTICLE 245 OF TITLE 12;16
(g)  A
 PROFESSIONAL COUNSELOR LICENSED PURSUANT TO PART 617
OF ARTICLE 245 OF TITLE 12; OR18
(h)  A
N ADDICTION COUNSELOR LICENSED PURSUANT TO PART 8 OF19
ARTICLE 245 OF TITLE 12.20
(21)  "L
AY PERSON" MEANS A PERSON IDENTIFIED BY ANOTHER21
PERSON WHO IS DETAINED ON AN INVOLUNTARY EMERGENCY MENTAL22
HEALTH HOLD PURSUANT TO SECTION 27-65-106, CERTIFIED FOR23
SHORT-TERM TREATMENT PURSUANT TO SECTION 27-65-108 OR24
27-65-109,
 OR CERTIFIED FOR LONG -TERM CARE AND TREATMENT25
PURSUANT TO SECTION 27-65-110 WHO IS AUTHORIZED TO PARTICIPATE IN26
ACTIVITIES RELATED TO THE PERSON 'S INVOLUNTARY EMERGENCY27
HB22-1256
-10- MENTAL HEALTH HOLD , SHORT-TERM TREATMENT , OR LONG-TERM1
TREATMENT, INCLUDING COURT APPEARANCES , DISCHARGE PLANNING,2
AND GRIEVANCES. THE PERSON MAY RESCIND THE LAY PERSON 'S3
AUTHORIZATION AT ANY TIME.4
(11.5) (22)  "Mental health disorder" includes one or more5
substantial disorders of the cognitive, volitional, or emotional processes6
that grossly impairs judgment or capacity to recognize reality or to control7
behavior. An intellectual or developmental disability is insufficient to8
either justify or exclude a finding of a mental health disorder pursuant to9
the provisions of this article 65.10
(12) (23)  "Minor" means a person under eighteen years of age;11
except that the term does not include a person who is fifteen years of age12
or older who is living separately and apart from his or her THE PERSON'S13
parent or legal guardian and is managing his or her THE PERSON'S OWN14
financial affairs, regardless of his or her THE PERSON'S source of income,15
or who is married and living separately and apart from his or her THE16
PERSON'S parent or legal guardian.17
(13) (24)  "Patient representative" means a person designated by18
a mental health facility to process patient complaints or grievances or to19
represent patients who are minors pursuant to section 27-65-103 (5)20
SECTION 27-65-104 (4).21
(14)  Repealed.22
(15) (25)  "Petitioner" means any person who files any petition in23
any proceeding in the interest of any person who allegedly has a mental24
health disorder or is allegedly gravely disabled.25
(16) (26)  "Physician" means a person licensed to practice26
medicine in this state.27
HB22-1256
-11- (17) (27) (a)  "Professional person" means a person licensed to1
practice medicine in this state, a psychologist certified LICENSED to2
practice in this state, or a person licensed and in good standing to practice3
medicine in another state or a psychologist certified LICENSED to practice4
and in good standing in another state who is providing medical or clinical5
services at a treatment facility in this state that is operated by the armed6
forces of the United States, the United States public health service, or the7
United States department of veterans affairs.8
(b)  "P
ROFESSIONAL PERSON" ALSO MEANS AN ADVANCED9
PRACTICE REGISTERED NURSE, AS DEFINED IN SECTION 12-255-104 (1),10
WITH PRESCRIPTIVE AUTHORITY PURSUANT TO SECTION 12-255-112 AND11
TRAINING IN PSYCHIATRIC NURSING.12
(18)
 (28)  "Residential child care facility" means a facility licensed13
by the state department of human services pursuant to article 6 of title 26,14
C.R.S., to provide group care and treatment for children as such facility15
is defined HAS THE SAME MEANING AS SET FORTH in section 26-6-10216
(33). C.R.S. A residential child care facility may be eligible for17
designation by the executive director of the department of human services18
COMMISSIONER pursuant to this article ARTICLE 65.19
(19) (29)  "Respondent" means either a person alleged in a petition20
filed pursuant to this article 65 to have a mental health disorder or be21
gravely disabled or a person certified pursuant to the provisions of this22
article 65.23
(20) (30)  "Screening" means a review of all petitions, to consist24
of an interview with the petitioner and, whenever possible, the25
respondent; an assessment of the problem; an explanation of the petition26
to the respondent; and a determination of whether the respondent needs27
HB22-1256
-12- and, if so, will accept on a voluntary basis, A comprehensive evaluation,1
treatment, referral, and other appropriate services, either on an inpatient2
or an outpatient basis.3
(31)  "S
ECURE TRANSPORTATION PROVIDER " MEANS A PROVIDER4
LICENSED PURSUANT TO SECTION 25-3.5-310 TO PROVIDE PUBLIC OR5
PRIVATE SECURE TRANSPORTATION SERVICES .6
27-65-103.  Voluntary applications for mental health services.7
(1)  Nothing in this article 65 in any way limits the right of any person to8
make 
A voluntary application at any time to any public or private agency9
or professional person for mental health services, either by direct10
application in person or by referral from any other public or private11
agency or professional person. Subject to section 15-14-316 (4), a ward,12
as defined in section 15-14-102 (15), may be admitted to 
A hospital or13
institutional care and treatment for a mental health disorder by consent of
14
WITH the guardian GUARDIAN'S CONSENT for so AS long as the ward15
agrees to such care and treatment. Within ten days after any such16
admission, The guardian shall IMMEDIATELY notify in writing the court17
that appointed the guardian of the admission.18
(9) (2)  For the purpose of this article ARTICLE 65, the treatment by19
prayer in the practice of the religion of any church which THAT teaches20
reliance on spiritual means alone for healing shall be IS considered a form21
of treatment.22
(10) (3)  The medical and legal status of all voluntary patients23
receiving treatment for mental health disorders in inpatient or custodial24
facilities must be reviewed at least once every six months.25
(11) (4)  Voluntary patients shall be ARE afforded all the rights and26
privileges customarily granted by hospitals to their patients.27
HB22-1256
-13- (12) (5)  If at any time during a seventy-two-hour evaluation AN1
EMERGENCY MENTAL HEALTH HOLD of a person who is confined2
involuntarily the facility staff requests the person to sign in voluntarily3
and he or she THE PERSON elects to do so, the following advisement shall4
be given orally and in writing and an appropriate notation shall be made5
in his or her THE PERSON'S medical record by the professional person or6
his or her THE PROFESSIONAL PERSON'S designated agent:7
NOTICE8
The decision to sign in voluntarily should be made by you alone9
and should be free from any force or pressure implied or otherwise. If you10
do not feel that you are able to make a truly voluntary decision, you may11
continue to be held at the hospital involuntarily. As an involuntary12
patient, you will have the right to protest your confinement and request13
a hearing before a judge.14
27-65-104.  Voluntary applications for mental health services15
- treatment of minors - definition. (1) [Formerly 27-65-10316
(2)] Notwithstanding any other provision of law, a minor who is fifteen17
years of age or older, whether with or without the consent of a parent or18
legal guardian, may consent to receive mental health services to be19
rendered by a facility, or by a professional person, or mental health20
professional licensed pursuant to part 3, 4, 5, 6, or 8 of article 245 of title21
12 in any practice setting. Such consent shall IS not be subject to22
disaffirmance because of minority. The professional person or licensed23
mental health professional rendering mental health services to a minor24
may, with or without the consent of the minor, advise the 
MINOR'S parent25
or legal guardian of the minor
 of the services given or needed.26
(2) [Formerly 27-65-103 (3)] A minor who is fifteen years of age27
HB22-1256
-14- or older or a MINOR'S parent or legal guardian, of a minor on the minor's1
behalf, may make 
A voluntary application for hospitalization. AN2
application for hospitalization on behalf of a minor who is under fifteen3
years of age and who is a ward of the department of human services shall
4
MUST not be made unless a guardian ad litem has been appointed for the5
minor or a petition for the same has been filed with the court by the6
agency having custody of the minor; except that such an application for7
hospitalization may be made under emergency circumstances requiring8
immediate hospitalization, in which case the agency shall file a petition9
for appointment of a guardian ad litem within seventy-two hours after10
application for admission is made, and the court shall 
IMMEDIATELY11
appoint a guardian ad litem. forthwith.
 Procedures for hospitalization of12
such A minor may proceed pursuant to this section once a petition for13
appointment of a guardian ad litem has been filed, if necessary. Whenever14
such AN application for hospitalization is made, an independent15
professional person shall interview the minor and conduct a careful16
investigation into the minor's background, using all available sources,17
including, but not limited to, the 
MINOR'S parents or legal guardian, and
18
the 
MINOR'S school, and any other social SERVICE agencies. Prior to19
admitting a minor for hospitalization, the independent professional person20
shall make the following findings:21
(a)  That the minor has a mental health disorder and is in need of22
hospitalization;23
(b)  That a less restrictive treatment alternative is inappropriate or24
unavailable; and25
(c)  That hospitalization is likely to be beneficial.26
(3) [Formerly 27-65-103 (4)] An interview and investigation by27
HB22-1256
-15- an independent professional person shall not be IS NOT required for a1
minor who is fifteen years of age or older and who, upon the2
recommendation of his or her THE MINOR'S treating professional person,3
seeks voluntary hospitalization with the consent of his or her THE MINOR'S4
parent or legal guardian. In order to assure that the minor's consent to5
such hospitalization is voluntary, the minor shall be advised, at or before6
the time of admission, of his or her THE MINOR'S right to refuse to sign the7
admission consent form and his or her THE MINOR'S right to revoke his or8
her THE MINOR'S consent at a later date. If a minor admitted pursuant to9
this subsection (4) SUBSECTION (3) subsequently revokes his or her THE10
MINOR'S consent after admission, a review of his or her THE MINOR'S need11
for hospitalization pursuant to subsection (5) SUBSECTION (4) of this12
section shall MUST be initiated immediately.13
(4) [Formerly 27-65-103 (5)] (a)  The need for continuing14
hospitalization of all voluntary 
MINOR patients who are minors shall
 MUST15
be formally reviewed at least every two months. Review pursuant to this16
subsection (5) shall SUBSECTION (4) MUST fulfill the requirement specified17
in section 19-1-115 (8) C.R.S., when the minor is fifteen years of age or18
older and consenting to hospitalization.19
(b)  The review shall MUST be conducted by an independent20
professional person who is not a member of the minor's treating team; or,21
if the minor, his or her THE MINOR'S physician, and the minor's parent or22
LEGAL guardian do not object to the need for continued hospitalization,23
the review required pursuant to this subsection (5) SUBSECTION (4) may24
be conducted internally by the hospital staff.25
(c)  The independent professional person shall determine whether26
the minor continues to meet the criteria specified in subsection (3)27
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-16- SUBSECTION (2) of this section and whether continued hospitalization is1
appropriate and shall, at least AT A MINIMUM, conduct an investigation2
pursuant to subsection (3) SUBSECTION (2) of this section.3
(d)  Ten days prior to the review, the patient representative at the4
mental health facility shall notify the minor of the date of the review and5
shall assist the minor in articulating to the independent professional6
person his or her THE MINOR'S wishes concerning continued7
hospitalization.8
(e)  Nothing in this section shall be construed to limit LIMITS a9
minor's right to seek release from the facility pursuant to any other10
provisions under the PROVISION OF law.11
(5) [Formerly 27-65-103 (6)] Every six months the review12
required pursuant to subsection (5) SUBSECTION (4) of this section shall13
be conducted by an independent professional person who is not a member14
of the minor's treating team and who has not previously reviewed the15
child MINOR pursuant to subsection (5) SUBSECTION (4) of this section.16
(6) [Formerly 27-65-103 (7)] (a)  When a minor does not consent17
to or objects to continued hospitalization, the need for such continued18
hospitalization shall MUST, within ten days, be reviewed pursuant to19
subsection (5) SUBSECTION (4) of this section by an independent20
professional person who is not a member of the minor's treating team and21
who has not previously reviewed the child MINOR pursuant to this22
subsection (7) SUBSECTION (6). The minor shall be informed of the results23
of such THE review within three days of AFTER THE REVIEW'S completion.24
of such review. If the conclusion reached by such THE professional person25
is that the minor no longer meets the standards for hospitalization26
specified in subsection (3) SUBSECTION (2) of this section, the minor shall27
HB22-1256
-17- MUST be discharged.1
(b)  If, twenty-four hours after being informed of the results of the2
review specified in paragraph (a) of this subsection (7) SUBSECTION (6)(a)3
OF THIS SECTION, a minor continues to affirm the objection to4
hospitalization, the minor shall be advised by the director of the facility5
or his or her THE DIRECTOR'S duly appointed representative SHALL ADVISE6
THE MINOR that the minor has the right to retain and consult with an7
attorney at any time and that the director or his or her THE DIRECTOR'S8
duly appointed representative shall file, within three days after the request9
of the minor, a statement requesting an attorney for the minor or, if the10
minor is under fifteen years of age, a guardian ad litem. The minor; his or11
her THE MINOR'S attorney, if any; and his or her THE MINOR'S parent, legal12
guardian, or guardian ad litem, if any, shall also be given written notice13
that a hearing upon the recommendation for continued hospitalization14
may be had before the court or a jury upon written request directed to the15
court pursuant to paragraph (d) of this subsection (7) SUBSECTION (6)(d)16
OF THIS SECTION.17
(c)  Whenever the statement requesting an attorney is filed with the18
court, the court shall ascertain whether the minor has retained counsel,19
and, if he or she THE MINOR has not, the court shall, within three days,20
appoint an attorney to represent the minor, or if the minor is under fifteen21
years of age, a guardian ad litem. Upon receipt of a petition filed by the22
guardian ad litem, the court shall appoint an attorney to represent the23
minor under fifteen years of age.24
(d) (I)  The minor or his or her THE MINOR'S attorney or guardian25
ad litem may, at any time after the minor has continued to affirm his or26
her THE MINOR'S objection to hospitalization pursuant to subsection (7)(b)27
HB22-1256
-18- SUBSECTION (6)(b) of this section, file a written request that the1
recommendation for continued hospitalization be reviewed by the court2
or that the treatment be on an outpatient basis. If review is requested, the3
court shall hear the matter within ten days after the request, and the court4
shall give notice 
OF THE TIME AND PLACE OF THE HEARING to the minor;5
his or her
 THE MINOR'S attorney, if any; his or her THE MINOR'S parents or6
legal guardian; his or her THE MINOR'S guardian ad litem, if any; the7
independent professional person; and the minor's treating team. of the8
time and place of the hearing. The hearing must be held in accordance9
with section 27-65-111 SECTION 27-65-113; except that the court or jury10
shall determine that the minor is in need of care and treatment if the court11
or jury makes the following findings:12
(A)  That the minor has a mental health disorder and is in need of13
hospitalization;14
(B)  That a less restrictive treatment alternative is inappropriate or15
unavailable; and16
(C)  That hospitalization is likely to be beneficial.17
(II)  At the conclusion of the hearing, the court may enter an order18
confirming the recommendation for continued hospitalization, discharge19
the minor, or enter any other appropriate order.20
(e)  For purposes of this subsection (7) SUBSECTION (6), "objects21
to hospitalization" means that a minor, with the necessary assistance of22
hospital staff, has written his or her THE MINOR'S objections to continued23
hospitalization and has been given an opportunity to affirm or disaffirm24
such objections forty-eight hours after the objections are first written.25
(f)  A minor may not again object to hospitalization pursuant to26
this subsection (7) SUBSECTION (6) until ninety days after conclusion of27
HB22-1256
-19- proceedings pursuant to this subsection (7) SUBSECTION (6).1
(g)  In addition to the rights specified under section 27-65-117 IN2
SECTION 27-65-119 for persons receiving evaluation, care, or treatment,3
a written notice specifying the rights of minor children under this section4
shall MUST be given to each minor upon admission to hospitalization.5
(7) [Formerly 27-65-103 (8)] A minor who no longer meets the6
standards for hospitalization specified in subsection (3) SUBSECTION (2)7
of this section shall MUST be discharged.8
27-65-105. [Formerly 27-65-104] Rights of respondents. Unless9
specifically stated in an order by the court, a respondent shall DOES not10
forfeit any legal right or suffer legal disability by reason of the provisions11
of this article ARTICLE 65.12
27-65-106. Emergency mental health hold - screening -13
court-ordered evaluation - discharge summary - respondent's rights14
- report. (1) [Formerly 27-65-105 (1)] Emergency procedure may be15
invoked under one of the following conditions:16
(a) (I)  When any person appears to have a mental health disorder17
and, as a result of such mental health disorder, appears to be an imminent18
danger to others or to himself or herself THE PERSON'S SELF or appears to19
be gravely disabled, then an intervening professional as specified in20
subsection (1)(a)(II) of this section OR CERTIFIED PEACE OFFICER, upon21
probable cause and with such assistance as may be required, may take the22
person into custody, or cause the person to be taken into custody, and23
placed in a facility designated or approved by the executive director for24
a seventy-two-hour treatment and evaluation. If such a facility is not25
available, the person may be taken to an emergency medical services26
facility.27
HB22-1256
-20- (I.5)  When any person appears to have a mental health disorder1
and, as a result of such mental health disorder, is in need of immediate2
evaluation for treatment in order to prevent physical or psychiatric harm3
to others or to himself or herself THE PERSON'S SELF, then an intervening4
professional as specified in subsection (1)(a)(II) of this section OR5
CERTIFIED PEACE OFFICER, upon probable cause and with such assistance6
as may be required, may immediately transport the person to an outpatient7
mental health facility or other clinically appropriate facility designated or8
approved by the executive director. If such a facility is not available, the9
person may be taken to an emergency medical services facility.10
(II)  The following persons may act as intervening professionals11
to effect a seventy-two-hour hold, as provided in subsections (1)(a)(I) and12
(1)(a)(I.5) of this section:13
(A)  A certified peace officer;14
(B)  A professional person;15
(C)  A registered professional nurse as defined in section16
12-255-104 (11) who by reason of postgraduate education and additional17
nursing preparation has gained knowledge, judgment, and skill in18
psychiatric or mental health nursing;19
(D)  A licensed marriage and family therapist, licensed20
professional counselor, or addiction counselor licensed under part 5, 6, or21
8 of article 245 of title 12 who, by reason of postgraduate education and22
additional preparation, has gained knowledge, judgment, and skill in23
psychiatric or clinical mental health therapy, forensic psychotherapy, or24
the evaluation of mental health disorders; or25
(E)  A licensed clinical social worker licensed under the provisions26
of part 4 of article 245 of title 12.27
HB22-1256
-21- (b)  Upon an affidavit sworn to or affirmed before a judge that1
relates sufficient facts to establish that a person appears to have a mental2
health disorder and, as a result of the mental health disorder, appears to3
be an imminent danger to others or to himself or herself THE PERSON'S4
SELF or appears to be gravely disabled, the court may order the person5
described in the affidavit to be taken into custody and placed in a facility6
designated or approved by the executive director for a seventy-two-hour7
treatment and evaluation. Whenever in this article 65 a facility is to be8
designated or approved by the executive director, hospitals, if available,9
must be approved or designated in each county before other facilities are10
approved or designated. Whenever in this article 65 a facility is to be11
designated or approved by the executive director as a facility for a stated12
purpose and the facility to be designated or approved is a private facility,13
the consent of the private facility to the enforcement of standards set by14
the executive director is a prerequisite to the designation or approval.15
(c)  Upon an affidavit sworn to or affirmed before a judge that16
relates sufficient facts to establish that a person appears to have a mental17
health disorder and, as a result of the mental health disorder, is in need of18
immediate evaluation for treatment to prevent physical or psychiatric19
harm to others or to himself or herself THE PERSON'S SELF, the court may20
order the person described in the affidavit to be transported to an21
outpatient mental health facility or other clinically appropriate facility22
designated or approved by the executive director.23
(d)  [Formerly 27-65-106 (2)] Any individual may petition the24
court in the county in which the respondent resides or is physically25
present alleging that there is a person who appears to have a mental health26
disorder and, as a result of the mental health disorder, appears to be a27
HB22-1256
-22- danger to others or to himself or herself THE PERSON'S SELF or appears to1
be gravely disabled and requesting an evaluation of the person's2
condition.3
(2) [Formerly 27-65-105 (2)] When a person is taken into custody4
pursuant to subsection (1) of this section, he or she THE PERSON must not5
be detained in a jail, lockup, or other place used for the confinement of6
persons charged with or convicted of penal offenses.7
(3) [Formerly 27-65-105 (3)] When a person is taken into8
emergency custody by an intervening professional 
OR CERTIFIED PEACE9
OFFICER pursuant to subsection (1) of this section and is presented to an10
emergency medical services facility or a facility that is designated or11
approved by the executive director, the facility shall require an12
application in writing, stating the circumstances under which the person's13
condition was called to the attention of the intervening professional 
OR14
CERTIFIED PEACE OFFICER and further stating sufficient facts, obtained15
from the intervening professional's 
OR CERTIFIED PEACE OFFICER 'S16
personal observations or obtained from others whom he or she
 THE17
INTERVENING PROFESSIONAL OR CERTIFIED PEACE OFFICER reasonably18
believes to be reliable, to establish that the person has a mental health19
disorder and, as a result of the mental health disorder, is an imminent20
danger to others or to himself or herself THE PERSON'S SELF, is gravely21
disabled, or is in need of immediate evaluation for treatment. The22
application must indicate when the person was taken into custody and23
who brought the person's condition to the attention of the intervening24
professional 
OR CERTIFIED PEACE OFFICER. A copy of the application must25
be furnished to the person being evaluated, and the application must be26
retained in accordance with the provisions of section 27-65-121 (4)
27
HB22-1256
-23- SECTION 27-65-123 (4).1
(4) (a) [Formerly 27-65-106 (3)] The petition for a court-ordered2
evaluation must contain the following:3
(I)  The name and address of the petitioner and his or her THE4
PETITIONER'S interest in the case;5
(II)  The name of the person for whom evaluation is sought who6
shall be IS designated as the respondent, and, if known to the petitioner,7
the address, age, sex, marital status, and occupation of the respondent; 8
(III)  Allegations of fact indicating that the respondent may have9
a mental health disorder and, as a result of the mental health disorder, be10
a danger to others or to himself or herself THE RESPONDENT'S SELF or be11
gravely disabled and showing reasonable grounds to warrant an12
evaluation;13
(IV)  The name and address of every person known or believed by14
the petitioner to be legally responsible for the care, support, and15
maintenance of the respondent, if available;16
(V)  The name, address, and telephone number of the attorney, if17
any, who has most recently represented the respondent. If there is no18
attorney, there shall be a statement as to whether, to the best knowledge19
of the petitioner, the respondent meets the criteria established by the legal20
aid agency operating in the county or city and county for it to represent21
a client.22
(b) [Formerly 27-65-106 (4)] Upon receipt of a petition satisfying23
the requirements of subsection (3) SUBSECTION (4)(a) of this section, the24
court shall designate a facility, approved by the executive director, or a25
AN INTERVENING professional, person, OR A CERTIFIED PEACE OFFICER to26
provide screening of the respondent to determine whether there is27
HB22-1256
-24- probable cause to believe the allegations.1
(c) [Formerly 27-65-106 (5)] Following screening, the facility, or2
INTERVENING professional, person, OR CERTIFIED PEACE OFFICER3
designated by the court shall file his or her A report with the court. The4
report must include a recommendation as to whether there is probable5
cause to believe that the respondent has a mental health disorder and, as6
a result of the mental health disorder, is a danger to others or to himself7
or herself THE RESPONDENT'S SELF or is gravely disabled and whether the8
respondent will voluntarily receive evaluation or treatment. The screening9
report submitted to the court 
PURSUANT TO THIS SUBSECTION (4)(c) is10
confidential in accordance with section 27-65-121
 SECTION 27-65-12311
and must be furnished to the respondent or his or her THE RESPONDENT'S12
attorney or personal representative.13
(d) [Formerly 27-65-106 (6)] Whenever it appears, by petition and14
screening pursuant to this section, to the satisfaction of the court that15
probable cause exists to believe that the respondent has a mental health16
disorder and, as a result of the mental health disorder, is a danger to17
others or to himself or herself THE RESPONDENT'S SELF or is gravely18
disabled and that efforts have been made to secure the cooperation of the19
respondent, who has refused or failed to accept evaluation voluntarily, the20
court shall issue an order for evaluation authorizing a certified peace21
officer 
OR SECURE TRANSPORTATION PROVIDER to take the respondent into22
custody and place him or her
 TRANSPORT THE RESPONDENT in TO a facility23
designated by the executive director for seventy-two-hour treatment and24
evaluation. At the time of taking the respondent into custody, a copy of25
the petition and the order for evaluation must be given to the respondent26
and promptly thereafter to any one person designated by the respondent27
HB22-1256
-25- and to the person in charge of the seventy-two-hour treatment and1
evaluation facility named in the order or his or her THE PERSON'S2
designee.3
(5) [Formerly 27-65-105 (4)] If the seventy-two-hour treatment4
and evaluation facility admits the person, it may detain him or her THE5
PERSON for evaluation and treatment for a period not to exceed6
seventy-two hours excluding Saturdays, Sundays, and holidays if7
evaluation and treatment services are not available on those days. For the8
purposes of this subsection (4) SUBSECTION (5), evaluation and treatment9
services are not deemed to be available merely because a professional10
person is on call during weekends or holidays. If, in the opinion of the11
professional person in charge of the evaluation, the person can be12
properly cared for without being detained, he or she THE PERSON shall be13
provided services on a voluntary basis.14
(6) [Formerly 27-65-105 (5)] Each person admitted to a15
seventy-two-hour treatment and evaluation facility under the provisions16
of this article ARTICLE 65 shall receive an evaluation as soon as possible17
after he or she THE PERSON is admitted and shall receive such treatment18
and care as his or her THE PERSON'S condition requires for the full period19
that he or she THE PERSON is held. The person shall MUST be released20
before seventy-two hours have elapsed if, in the opinion of the21
professional person in charge of the evaluation, the person no longer22
requires evaluation or treatment. Persons who have been detained for23
seventy-two-hour evaluation and treatment shall be released, referred for24
further care and treatment on a voluntary basis, or certified for treatment25
pursuant to section 27-65-107 SECTION 27-65-109.26
(7) to (8) Reserved.27
HB22-1256
-26- (9) [Formerly 27-65-105 (7)] (a)  On or before July 1, 2019, and1
each July 1 thereafter, each emergency medical services facility that has2
treated a person pursuant to this section shall provide an annual report to3
the department that includes only aggregate and nonidentifying4
information concerning persons who were treated at an emergency5
medical services facility pursuant to this section. The report must comply6
with the provisions of section 24-1-136 (9) and is exempt from the7
provisions of section 24-1-136 (11)(a)(I). The report must contain the8
following:9
(I)  The names and counties of the facilities;10
(II)  The total number of persons treated pursuant to this section,11
including a summary of demographic information;12
(III)  A summary regarding the different reasons for which persons13
were treated pursuant to this section; and14
(IV)  A summary of the disposition of persons transferred to a15
designated facility.16
(b) (I)  Any information aggregated and provided to the17
department pursuant to this subsection (7) SUBSECTION (9) is privileged18
and confidential. Such information must not be made available to the19
public except in an aggregate format that cannot be used to identify an20
individual facility. The information is not subject to civil subpoena and21
is not discoverable or admissible in any civil, criminal, or administrative22
proceeding against an emergency medical services facility or health-care23
professional. The information must be used only to assess statewide24
behavioral health services needs and to plan for sufficient levels of25
statewide behavioral health services. In the collection of data to26
accomplish the requirements of this subsection (7) SUBSECTION (9), the27
HB22-1256
-27- department shall protect the confidentiality of patient records, in1
accordance with state and federal laws, and shall not disclose any public2
identifying or proprietary information of any hospital, hospital3
administrator, health-care professional, or employee of a health-care4
facility.5
(II)  Subsection (7)(b)(I) SUBSECTION (9)(b)(I) of this section does6
not apply to information that is otherwise available from a source outside7
of the data collection activities required pursuant to subsection (7)(a)8
SUBSECTION (9)(a) of this section.9
27-65-107.  Emergency transportation - application - screening10
- respondent's rights. (1)  W
HEN A CERTIFIED PEACE OFFICER OR11
EMERGENCY MEDICAL SERVICES PROVIDER HAS PROBABLE CAUSE TO12
BELIEVE A PERSON IS EXPERIENCING A BEHAVIORAL HEALTH CRISIS OR IS13
GRAVELY DISABLED AND , AS A RESULT, WITHOUT PROFESSIONAL14
INTERVENTION THE PERSON MAY BE A DANGER TO THE PERSON 'S SELF OR15
OTHERS, THEN THE CERTIFIED PEACE OFFICER OR EMERGENCY MEDICAL16
SERVICES PROVIDER MAY TAKE THE PERSON INTO PROTECTIVE CUSTODY17
AND TRANSPORT THE PERSON TO AN OUTPATIENT MENTAL HEALTH18
FACILITY OR A FACILITY DESIGNATED BY THE COMMISSIONER OR OTHER19
CLINICALLY APPROPRIATE FACILITY DESIGNATED BY THE COMMISSIONER .20
I
F SUCH A SERVICE IS NOT AVAILABLE, THE PERSON MAY BE TAKEN TO AN21
EMERGENCY MEDICAL SERVICES FACILITY .22
(2)  W
HEN A PERSON IS TRANSPORTED AGAINST THE PERSON 'S WILL23
PURSUANT TO SUBSECTION (1) OF THIS SECTION, THE FACILITY SHALL24
REQUIRE AN APPLICATION, IN WRITING, STATING THE CIRCUMSTANCES25
UNDER WHICH THE PERSON'S CONDITION WAS CALLED TO THE ATTENTION26
OF THE CERTIFIED PEACE OFFICER OR EMERGENCY MEDICAL SERVICES27
HB22-1256
-28- PROVIDER AND FURTHER STATING SUFFICIENT FACTS , OBTAINED FROM1
PERSONAL OBSERVATIONS OR OBTAINED FROM OTHERS WHOM THE2
CERTIFIED PEACE OFFICER OR EMERGENCY MEDICAL SERVICES PROVIDER3
REASONABLY BELIEVES TO BE RELIABLE , TO ESTABLISH THAT THE PERSON4
IS EXPERIENCING A BEHAVIORAL HEALTH CRISIS OR IS GRAVELY DISABLED5
AND, AS A RESULT, IT IS BELIEVED THAT WITHOUT PROFESSIONAL6
INTERVENTION THE PERSON MAY BE A DANGER TO THE PERSON 'S SELF OR7
OTHERS. THE APPLICATION MUST INDICATE THE NAME OF THE PERSON AND8
THE TIME THE PERSON WAS TRANSPORTED . A COPY OF THE APPLICATION9
MUST BE FURNISHED TO THE PERSON BEING TRANSPORTED .10
(3)  O
NCE THE PERSON IS PRESENTED TO THE FACILITY , AN11
INTERVENING PROFESSIONAL SHALL SCREEN THE PERSON IMMEDIATELY .12
I
F AN INTERVENING PROFESSIONAL IS NOT IMMEDIATELY AVAILABLE , THE13
PERSON MUST BE SCREENED WITHIN EIGHT HOURS AFTER THE PERSON 'S14
ARRIVAL AT THE FACILITY TO DETERMINE IF THE PERSON MEETS CRITERIA15
FOR AN EMERGENCY MENTAL HEALTH HOLD PURSUANT TO SECTION16
27-65-106.
 ONCE THE SCREENING IS COMPLETED AND IF THE PERSON17
MEETS THE CRITERIA, THE INTERVENING PROFESSIONAL SHALL FIRST18
PURSUE VOLUNTARY TREATMENT AND EVALUATION . IF THE PERSON19
REFUSES OR THE INTERVENING PROFESSIONAL HAS REASONABLE GROUNDS20
TO BELIEVE THE PERSON WILL NOT REMAIN VOLUNTARILY , THE21
INTERVENING PROFESSIONAL MAY PLACE THE PERSON UNDER AN22
EMERGENCY MENTAL HEALTH HOLD PURSUANT TO SECTION 27-65-106.23
(4) (a)  A
 PERSON DETAINED PURSUANT TO THIS SECTION HAS THE24
FOLLOWING RIGHTS WHILE BEING DETAINED , WHICH MUST BE EXPLAINED25
TO THE PERSON BEFORE BEING TRANSPORTED TO A RECEIVING FACILITY :26
(I)  T
O NOT BE DETAINED FOR LONGER THAN FOURTEEN HOURS , TO27
HB22-1256
-29- NOT BE TRANSPORTED FOR LONGER THAN SIX HOURS , AND TO RECEIVE AN1
EVALUATION WITHIN EIGHT HOURS AFTER BEING PRESENTED TO THE2
RECEIVING FACILITY;3
(II)  T
O REQUEST A PHONE CALL TO AN INTERESTED PARTY PRIOR4
TO BEING TRANSPORTED. IF THE CERTIFIED PEACE OFFICER OR EMERGENCY5
MEDICAL SERVICES PROVIDER BELIEVES ACCESS TO A PHONE POSES A6
PHYSICAL DANGER TO THE PERSON OR SOMEONE ELSE , THE RECEIVING7
FACILITY SHALL MAKE THE CALL ON THE PERSON 'S BEHALF IMMEDIATELY8
UPON ARRIVAL AT THE RECEIVING FACILITY .9
(III)  
 TO WEAR THE PERSON'S OWN CLOTHES AND KEEP AND USE10
PERSONAL POSSESSIONS THAT THE PERSON HAD IN THE PERSON 'S11
POSSESSION AT THE TIME OF DETAINMENT , INCLUDING A CELL PHONE;12
(IV)  T
O HAVE APPROPRIATE ACCESS TO ADEQUATE WATER AND13
FOOD AND TO HAVE THE PERSON'S NUTRITIONAL NEEDS MET IN A MANNER14
THAT IS CONSISTENT WITH RECOGNIZED DIETARY PRACTICES ;15
(V)  
 TO BE TREATED FAIRLY, WITH RESPECT AND RECOGNITION OF16
THE PERSON'S DIGNITY AND INDIVIDUALITY; AND17
(VI)  T
O FILE A GRIEVANCE WITH THE BEHAVIORAL HEALTH18
ADMINISTRATION OR THE OFFICE OF THE OMBUDSMAN FOR BEHAVIORAL19
HEALTH ACCESS TO CARE ESTABLISHED PURSUANT TO PART 3 OF ARTICLE20
80
 OF TITLE 27.21
(b)  A
 PERSON'S RIGHTS PURSUANT TO SUBSECTION (4)(a) OF THIS22
SECTION MAY ONLY BE DENIED IF ACCESS TO THE ITEM , PROGRAM, OR23
SERVICE WOULD ENDANGER THE SAFETY OF THE PERSON OR ANOTHER24
PERSON IN CLOSE PROXIMITY AND MAY ONLY BE DENIED BY A PERSON25
INVOLVED IN THE PERSON'S CARE OR TRANSPORTATION. DENIAL OF ANY26
RIGHT MUST BE ENTERED INTO THE PERSON 'S TREATMENT RECORD OR27
HB22-1256
-30- BEHAVIORAL HEALTH ADMINISTRATION -APPROVED FORM. INFORMATION1
PERTAINING TO A DENIAL OF RIGHTS CONTAINED IN THE PERSON 'S2
TREATMENT RECORD MUST BE MADE AVAILABLE , UPON REQUEST, TO THE3
PERSON, THE PERSON'S ATTORNEY, OR THE PERSON'S LAY PERSON.4
27-65-108.  Court-ordered certification for short-term5
treatment. (1)  T
HE COURT MAY CERTIFY A RESPONDENT FOR NOT MORE6
THAN THREE MONTHS FOR SHORT -TERM TREATMENT AND PLACE THE7
RESPONDENT IN THE CUSTODY OF THE BE	HAVIORAL HEALTH8
ADMINISTRATION WITHOUT THE NEED FOR AN EMERGENCY MENTAL9
HEALTH HOLD UPON A PETITION OF THE RESPONDENT 'S SPOUSE OR LEGAL10
GUARDIAN, A RELATIVE WHO INTERACTS WITH THE RESPONDENT11
REGULARLY, A PROFESSIONAL PERSON , OR ANY OTHER RESPONSIBLE12
PERSON.13
(2)  T
HE PETITION MUST ALLEGE THAT THE RESPONDENT HAS A14
MENTAL HEALTH DISORDER AND , AS A RESULT OF THE MENTAL HEALTH15
DISORDER, APPEARS TO BE A DANGER TO THE PERSON'S SELF OR OTHERS OR16
IS GRAVELY DISABLED. THE PETITION MUST BE ACCOMPANIED BY A17
CERTIFICATE OF A PROFESSIONAL PERSON WHO HAS EVALUATED THE18
RESPONDENT WITHIN FIVE DAYS BEFORE SUBMISSION OF THE PETITION ,19
UNLESS THE RESPONDENT WHOSE CERTIFICATION IS SOUGHT HAS REFUSED20
TO SUBMIT TO AN EVALUATION , IN WHICH CASE THE FACT OF REFUSAL21
MUST BE ALLEGED IN THE PETITION, OR THAT THE RESPONDENT CANNOT22
BE EVALUATED DUE TO THE RESPONDENT 'S CONDITION. A REFUSAL TO23
UNDERGO TREATMENT DOES NOT CONSTITUTE EVIDENCE OF LACK OF24
JUDGMENT REGARDING THE NEED FOR TREATMENT . THE CERTIFICATE25
MUST SET FORTH FINDINGS FROM THE PROFESSIONAL PERSON IN SUPPORT26
OF THE PETITION'S ALLEGATIONS. THE PETITIONER SHALL DISCLOSE ANY27
HB22-1256
-31- PERSONAL OR FINANCIAL RELATIONSHIP THE PETITIONER HAS WITH THE1
PROFESSIONAL PERSON.2
(3)  A
 COURT SHALL NOT ACCEPT A PETITION SUBMITTED PURSUANT3
TO SUBSECTION (2) OF THIS SECTION UNLESS THE RESPONDENT'S REFUSAL4
TO BE CERTIFIED TO ACCESSIBLE AND AFFORDABLE VOLUNTARY5
TREATMENT IS DOCUMENTED . THE DOCUMENTATION MAY INCLUDE , BUT6
IS NOT LIMITED TO, NOTATIONS IN THE RESPONDENT'S TREATMENT OR LAW7
ENFORCEMENT RECORDS OR STATEMENTS BY A PROFESSIONAL PERSON ,8
INCLUDING IF THE PROFESSIONAL PERSON BELIEVES REASONABLE9
GROUNDS EXIST THAT THE RESPONDENT WILL NOT REMAIN IN A10
VOLUNTARY TREATMENT PROGRAM .11
(4) (a) U
PON FILING THE PETITION DESCRIBED IN SUBSECTION (2) OF12
THIS SECTION, THE COURT SHALL IMMEDIATELY APPOINT AN ATTORNEY TO13
REPRESENT THE RESPONDENT . WITHIN TEN DAYS AFTER RECEIPT OF THE14
PETITION, THE RESPONDENT OR THE RESPONDENT 'S ATTORNEY MAY15
REQUEST A JURY TRIAL BY FILING A WRITTEN REQUEST WITH THE COURT .16
T
HE RESPONDENT HAS THE RIGHT TO AN ATTORNEY FOR ALL PROCEEDINGS17
CONDUCTED PURSUANT TO THIS SECTION , INCLUDING ANY APPEALS. THE18
ATTORNEY REPRESENTING THE RESPONDENT MUST BE PROVIDED WITH ALL19
PLEADINGS UPON THE ATTORNEY 'S APPOINTMENT. THE RESPONDENT MAY20
ONLY WAIVE THE RIGHT TO AN ATTORNEY WHEN THE RESPONDENT MAKES21
A KNOWING AND INTELLIGENT WAIVER IN FRONT OF THE COURT . THE22
RESPONDENT SHALL CONSENT IN WRITING TO THE PETITION FOR23
CERTIFICATION NO LATER THAN TEN DAYS AFTER THE PETITION IS FILED .24
(b)  
 THE RESPONDENT OR THE RESPONDENT 'S ATTORNEY MAY, AT25
ANY TIME, FILE A WRITTEN REQUEST TO CONTEST THE PETITION . IF A26
RESPONDENT CONTESTS THE PETITION DESCRIBED IN SUBSECTION (2) OF27
HB22-1256
-32- THIS SECTION, THE COURT SHALL FIX A DATE FOR A HEARING NO LATER1
THAN TEN DAYS AFTER THE DATE THE PETITION WAS FILED . A COPY OF THE2
PETITION AND THE NOTICE OF THE HEARING , INCLUDING THE DATE FIXED3
BY THE COURT, MUST BE PERSONALLY SERVED ON THE PETITIONER , THE4
RESPONDENT, THE RESPONDENT'S PARENT OR LEGAL GUARDIAN IF THE5
RESPONDENT IS A MINOR, THE BEHAVIORAL HEALTH ADMINISTRATION , THE6
RESPONDENT'S ATTORNEY, AND ANY OTHER PERSON THE COURT BELIEVES7
ADVISABLE.8
(c)  A
T THE HEARING, THE COURT SHALL HEAR ALL RELEVANT9
EVIDENCE, INCLUDING THE TESTIMONY OF AT LEAST ONE PROFESSIONAL10
PERSON WHO HAS EVALUATED THE RESPONDENT . THE RESPONDENT SHALL11
BE PRESENT UNLESS THE COURT BELIEVES THAT THE RESPONDENT 'S12
PRESENCE IS LIKELY TO BE INJURIOUS TO THE RESPONDENT OR IF THE13
RESPONDENT REFUSES TO ATTEND , IN WHICH CASE THE COURT SHALL14
APPOINT A GUARDIAN AD LITEM TO REPRESENT THE RESPONDENT15
THROUGHOUT THE PROCEEDING . IF THE RESPONDENT REFUSES TO BE16
EVALUATED BY A PROFESSIONAL PERSON , THE RESPONDENT MUST BE17
GIVEN AN OPPORTUNITY TO BE EVALUATED BY A COURT -APPOINTED18
PROVIDER. IF THE RESPONDENT REFUSES TO BE EVALUATED BY A19
COURT-APPOINTED PROVIDER AND THERE IS PROBABLE CAUSE TO BELIEVE20
THAT THE ALLEGATIONS OF THE PETITION ARE TRUE OR IF THE COURT21
BELIEVES THAT MORE EVIDENCE IS NECESSARY , THE COURT MAY ORDER A22
PROFESSIONAL PERSON TO EVALUATE THE RESPONDENT OR MAY ORDER A23
CERTIFIED PEACE OFFICER OR SECURE TRANSPORTATION PROVIDER TO24
TRANSPORT THE RESPONDENT TO A FACILITY DESIGNATED BY THE25
COMMISSIONER FOR AN EVALUATION PURSUANT TO SECTION 27-65-106. IN26
SUCH EVENT, THE COURT SHALL SCHEDULE AN ADDITIONAL HEARING FOR27
HB22-1256
-33- FINAL DETERMINATION OF CERTIFICATION FOR SHORT -TERM TREATMENT1
NO LATER THAN FIVE DAYS AFTER THE FIRST HEARING .2
(d)  I
F, AFTER HEARING ALL RELEVANT EVIDENCE , INCLUDING THE3
RESULTS OF ANY EVALUATION , THE COURT FINDS THAT GROUNDS FOR4
CERTIFICATION FOR SHORT-TERM TREATMENT HAVE BEEN ESTABLISHED BY5
CLEAR AND CONVINCING EVIDENCE AND THE COURT DETERMINES THAT6
THE BEHAVIORAL HEALTH ADMINISTRATION IS ABLE TO PROVIDE7
ADEQUATE AND APPROPRIATE TREATMENT FOR THE RESP ONDENT AND8
THAT THE TREATMENT IS LIKELY TO BE BENEFICIAL FOR THE RESPONDENT 'S9
RECOVERY, THE COURT SHALL COMMIT THE RESPONDENT TO THE10
BEHAVIORAL HEALTH ADMINISTRATION . THE COURT SHALL ORDER THE11
RESPONDENT TO BE PLACED IN THE CUSTODY OF THE BEHAVIORAL HEALTH12
ADMINISTRATION, AND THE BHA MAY DELEGATE PHYSICAL CUSTODY OF13
THE RESPONDENT TO A FACILITY DESIGNATED BY THE COMMISSIONER AND14
THE REQUIREMENT FOR THE PROVISION OF SERVICES AND CARE15
COORDINATION.16
(5)  U
PON THE COURT'S COMMITMENT OF THE RESPONDENT TO THE17
BEHAVIORAL HEALTH ADMINISTRATION , THE COURT MAY ORDER A18
CERTIFIED PEACE OFFICER OR SECURE TRANSPORTATION PROVIDER TO19
TRANSPORT THE RESPONDENT TO A FACILITY DESIGNATED BY THE20
COMMISSIONER.21
(6)  A
NY PERSON WHO FILES A MALICIOUS OR FALSE PETITION FOR22
CERTIFICATION FOR SHORT-TERM TREATMENT AGAINST A RESPONDENT IS23
SUBJECT TO CRIMINAL PROSECUTION .24
27-65-109.  Certification for short-term treatment - procedure.25
(1)  [Formerly 27-65-107 (1)] If a person detained for seventy-two hours
26
pursuant to the provisions of section 27-65-105 or a respondent under27
HB22-1256
-34- court order for evaluation pursuant to section 27-65-106 has received an1
evaluation, he or she THE PERSON may be certified for not more than three2
months of FOR short-term treatment under the following conditions:3
(a)  The professional staff of the agency or facility providing4
seventy-two-hour treatment and evaluation has analyzed the person's5
condition and has found the person has a mental health disorder and, as6
a result of the mental health disorder, is a danger to others or to himself7
or herself THE PERSON'S SELF or is gravely disabled;8
(b)  The person has been advised of the availability of, but has not9
accepted, voluntary treatment; but, if reasonable grounds exist to believe10
that the person will not remain in a voluntary treatment program, his or11
her THE PERSON'S acceptance of voluntary treatment shall DOES not12
preclude certification; 
AND13
(c)  The facility which
 THAT will provide short-term treatment has14
been designated or approved by the executive director to provide such15
treatment.16
(2) [Formerly 27-65-107 (2)] The notice of certification must be17
signed by a professional person on the staff of the evaluation facility who18
participated in the evaluation and must:19
(a)  State facts sufficient to establish reasonable grounds to believe20
that the person has a mental health disorder and, as a result of the mental21
health disorder, is a danger to others or to himself or herself THE PERSON'S22
SELF or is gravely disabled; The certification must23
(b)  Be filed with the court within forty-eight hours, excluding24
Saturdays, Sundays, and court holidays, of the date of certification; The25
certification must AND26
(c)  Be filed with the court in the county in which the respondent27
HB22-1256
-35- resided or was physically present immediately prior to being taken into1
custody.2
(3) [Formerly 27-65-107 (3)] Within twenty-four hours of AFTER3
certification, copies of the certification shall MUST be personally delivered4
to the respondent, and a copy shall MUST be kept by the evaluation facility5
as part of the person's RESPONDENT'S record. The respondent shall MUST6
also be asked to designate one other person whom he or she THE7
RESPONDENT wishes informed regarding certification. If he or she THE8
RESPONDENT is incapable of making such a designation at the time the9
certification is delivered, he or she shall THE RESPONDENT MUST be asked10
to designate such person as soon as he or she THE RESPONDENT is capable.11
In addition to the copy of the certification, the respondent shall MUST be12
given a written notice that a hearing upon his or her THE RESPONDENT'S13
certification for short-term treatment may be had before the court or a jury14
upon written request directed to the court pursuant to subsection (6) of15
this section.16
(4) [Formerly 27-65-107 (4)] Upon certification of the17
respondent, the facility designated for short-term treatment shall have HAS18
custody of the respondent.19
(5) [Formerly 27-65-107 (5)] Whenever a certification is filed20
with the court 
BY A PROFESSIONAL PERSON, the court if it has not already
21
done so under section 27-65-106 (10), shall forthwith IMMEDIATELY22
appoint an attorney to represent the respondent. The court shall determine23
whether the respondent is able to afford an attorney. If the respondent24
cannot afford counsel, the court shall appoint either counsel from the25
legal services program operating in that jurisdiction or private counsel to26
represent the respondent. THE RESPONDENT HAS THE RIGHT TO AN27
HB22-1256
-36- ATTORNEY FOR ALL PROCEEDINGS CONDUCTED PURSUANT TO THIS1
SECTION, INCLUDING ANY APPEALS . The attorney representing the2
respondent shall MUST be provided with a copy of the certification3
immediately upon his or her THE ATTORNEY'S appointment. Waiver of4
counsel must be knowingly and intelligently made in writing and filed5
with the court by the respondent. In the event that a respondent who is6
able to afford an attorney fails to pay the appointed counsel, such counsel,7
upon application to the court and after appropriate notice and hearing,8
may obtain a judgment for reasonable attorney fees against the respondent9
or person making request for such counsel or both the respondent and10
such person THE RESPONDENT MAY ONLY WAIVE COUNSEL WHEN THE11
RESPONDENT MAKES A KNOWING AND INTELLIGENT WAIVER IN FRONT OF12
THE COURT.13
(6) [Formerly 27-65-107 (6)] The respondent for short-term14
treatment or his or her THE RESPONDENT'S attorney may at any time file15
a written request that the certification for short-term treatment or the16
treatment be reviewed by the court or that the treatment be on an17
outpatient basis. If review is requested, the court shall hear the matter18
within ten days after the request, and the court shall give notice to the19
respondent and his or her THE RESPONDENT'S attorney and the certifying20
and treating professional person of the time and place thereof. The21
hearing shall MUST be held in accordance with section 27-65-111 SECTION22
27-65-113. At the conclusion of the hearing, the court may enter or23
confirm the certification for short-term treatment, discharge the24
respondent, or enter any other appropriate order, subject to available25
appropriations.26
(7) [Formerly 27-65-107 (7)] Records and papers in proceedings27
HB22-1256
-37- under this section and section 27-65-108 shall MUST be maintained1
separately by the clerks of the several courts. Upon the release of any2
respondent in accordance with the provisions of section 27-65-1103
SECTION 27-65-112, the facility shall notify the clerk of the court within4
five days of AFTER the release, and the clerk shall forthwith seal the5
record in the case and omit the name of the respondent from the index of6
cases in such THE court until and unless the respondent becomes subject7
to an order of long-term care and treatment pursuant to section 27-65-1098
SECTION 27-65-110 or until and unless the court orders them opened for9
good cause shown. In the event a petition is filed pursuant to section10
27-65-109, such SECTION 27-65-110, THE certification record may be11
opened and become a part of the record in the long-term care and12
treatment case and the name of the respondent indexed.13
(8) [Formerly 27-65-107 (8)] Whenever it appears to the court, by14
reason of a report by the treating professional person or any other report15
satisfactory to the court, that a respondent detained for evaluation and16
treatment or certified for treatment should be transferred to another17
facility for treatment and the safety of the respondent or the public18
requires that the respondent be transported by 
A secure transportation as
19
defined in section 25-3.5-103 (11.4) PROVIDER, or a sheriff, the court may20
issue an order directing the sheriff or the sheriff's designee, to deliver the21
respondent to the designated facility.22
(9)  A
 RESPONDENT CERTIFIED FOR SHORT-TERM TREATMENT MAY23
BE DISCHARGED UPON THE SIGNATURE OF THE TREATING MEDICAL24
PROFESSIONAL AND THE MEDICAL DIRECTOR OF THE FACILITY . A25
RESPONDENT CERTIFIED FOR SHORT-TERM TREATMENT ON AN OUTPATIENT26
BASIS MAY BE DISCHARGED UPON THE SIGNATURE OF THE APPROVED27
HB22-1256
-38- PROFESSIONAL PERSON OVERSEEING THE RESPONDENT 'S TREATMENT, AND1
THE PROFESSIONAL PERSON SHALL NOTIFY THE BHA PRIOR TO THE2
DISCHARGE. A FACILITY OR PROGRAM SHALL MAKE THE RESPONDENT 'S3
DISCHARGE SUMMARY AVAILABLE TO THE RESPONDENT	, THE4
RESPONDENT'S ATTORNEY, AND THE RESPONDENT'S LEGAL GUARDIAN, IF5
APPLICABLE, WITHIN SEVEN DAYS AFTER DISCHARGE , IF REQUESTED. A6
FACILITY OR PROGRAM THAT IS TRANSFERRING A RESPONDENT TO A7
DIFFERENT TREATMENT FACILITY OR TO AN OUTPATIENT PROVIDER SHALL8
PROVIDE ALL TREATMENT RECORDS TO THE FACILITY OR PROVIDER9
ACCEPTING THE RESPONDENT AT LEAST TWENTY -FOUR HOURS PRIOR TO10
THE TRANSFER.11
(10) [Formerly 27-65-108] If the professional person in charge of12
the evaluation and treatment believes that a period longer than three13
months is necessary for treatment of the respondent, he or she THE14
PROFESSIONAL PERSON shall file with the court an extended certification.15
No Extended certification for treatment shall be IS NOT for a period of16
more than three months. The respondent shall be IS entitled to a hearing17
on the extended certification under the same conditions as in an original18
certification. The attorney initially representing the respondent shall19
continue to represent that person THE RESPONDENT, unless the court20
appoints another attorney.21
27-65-110.  Long-term care and treatment of persons with22
mental health disorders - procedure. (1) [Formerly 27-65-10923
(1)] Whenever a respondent has received short-term treatment for five24
consecutive months pursuant to the provisions of sections 27-65-107 and25
27-65-108 AN EXTENDED CERTIFICATION FOR TREATMENT PURSUANT26
SECTION 27-65-109 (10), the professional person in charge of the27
HB22-1256
-39- evaluation and treatment CERTIFICATION FOR SHORT-TERM TREATMENT OR1
THE BEHAVIORAL HEALTH ADMINISTRATION may file a petition with the2
court 
AT LEAST THIRTY DAYS PRIOR TO THE EXPIRATION DATE OF THE3
EXTENDED CERTIFICATION for long-term care and treatment of the4
respondent under the following conditions:5
(a)  The professional staff of the agency or facility providing6
short-term treatment has analyzed the respondent's condition and has7
found that the respondent has a mental health disorder and, as a result of8
the mental health disorder, is a danger to others or to himself or herself
9
THE RESPONDENT'S SELF OR OTHERS or is gravely disabled;10
(b)  The respondent has been advised of the availability of, but has11
not accepted, voluntary treatment; but, if reasonable grounds exist to12
believe that the respondent will not remain in a voluntary treatment13
program, his or her THE RESPONDENT'S acceptance of voluntary treatment14
shall DOES not preclude an order pursuant to this section; AND15
(c)  The facility that will provide long-term care and treatment has16
been designated or approved by the executive director BY THE17
COMMISSIONER to provide the care and treatment.18
(2) [Formerly 27-65-109 (2)] Every petition for long-term care19
and treatment shall MUST include a request for a hearing before the court20
prior to the expiration of six months from AFTER the date of original21
certification 
AND PROVIDE A RECOMMENDATION AS TO WHETHER THE22
CERTIFICATION FOR LONG-TERM CARE AND TREATMENT SHOULD TAKE23
PLACE ON AN INPATIENT OR OUTPATIENT BASIS . A copy of the petition24
shall
 MUST be delivered personally to the respondent for whom long-term25
care and treatment is sought and mailed to his or her ELECTRONICALLY26
DELIVERED TO THE RESPONDENT'S attorney of record simultaneously with27
HB22-1256
-40- the filing. thereof.1
(3) [Formerly 27-65-109 (3)] Within ten days after receipt of the2
petition, the respondent or his or her THE RESPONDENT'S attorney may3
request 
A HEARING BEFORE THE COURT OR a jury trial by filing a written4
request therefor
 with the court.5
(4) [Formerly 27-65-109 (4)] The court or jury shall determine6
whether the conditions of subsection (1) of this section are met and7
whether the respondent has a mental health disorder and, as a result of the8
mental health disorder, is a danger to others or to himself or herself THE9
RESPONDENT'S SELF OR OTHERS or is gravely disabled. The court shall10
thereupon issue an order of long-term care and treatment for a term not11
to exceed six months, or it shall discharge the respondent for whom12
long-term care and treatment was sought, or it shall enter any other13
appropriate order. subject to available appropriations. An order for14
long-term care and treatment must grant custody of the respondent to the15
department BEHAVIORAL HEALTH ADMINISTRATION for placement with an16
agency or facility designated by the executive director COMMISSIONER to17
provide long-term care and treatment. T
HE BEHAVIORAL HEALTH18
ADMINISTRATION MAY DELEGATE THE PHYSICAL CUSTODY OF THE19
RESPONDENT TO A FACILITY DESIGNATED BY THE COMMISSIONER AND THE20
REQUIREMENT FOR THE PROVISION OF SERVICES AND CARE COORDINATION .21
When a petition contains a request that a specific legal disability be22
imposed or that a specific legal right be deprived, the court may order the23
disability imposed or the right deprived if the court or a jury has24
determined that the respondent has a mental health disorder or is gravely25
disabled and that, by reason thereof
 AS A RESULT, the person RESPONDENT26
is unable to competently exercise said THE SPECIFIC LEGAL right or27
HB22-1256
-41- perform the function as to FOR which the disability is sought to be1
imposed. Any interested person may ask leave of the court to intervene2
as a copetitioner for the purpose of seeking the imposition of a legal3
disability or the deprivation of a legal right.4
(5) [Formerly 27-65-109 (5)] An original order of long-term care5
and treatment or any extension of such order expires on the date6
specified, unless further extended as provided in this subsection (5). If an7
extension is being sought, the professional person in charge of the8
evaluation and treatment shall certify to the court at least thirty days prior9
to the expiration date of the order in force that an extension of the order10
is necessary for the care and treatment of the respondent subject to the11
order in force, and a copy of the certification must be 
SIMULTANEOUSLY12
delivered to the respondent and simultaneously mailed to his or her
13
ELECTRONICALLY DELIVERED TO THE RESPONDENT 'S attorney of record.14
At least twenty days before the expiration of the order, the court shall15
give written notice to the respondent and his or her THE RESPONDENT'S16
attorney of record that a hearing upon the extension may be had before17
the court or a jury upon written request to the court within ten days after18
receipt of the notice. If a hearing is not requested by the respondent19
within such time, the court may proceed ex parte. If a hearing is timely20
requested, it THE HEARING must be held before the expiration date of the21
order in force. If the court or jury finds that the conditions of subsection22
(1) of this section continue to be met and that the respondent has a mental23
health disorder and, as a result of the mental health disorder, is a danger24
to others or to himself or herself THE RESPONDENT'S SELF or is gravely25
disabled, the court shall issue an extension of the order. Any extension26
must not exceed six months, but there may be as many extensions as the27
HB22-1256
-42- court orders pursuant to this section.1
(6)  A
 RESPONDENT CERTIFIED FOR LONG -TERM CARE AND2
TREATMENT MAY BE DISCHARGED FROM THE FACILITY UPON THE3
SIGNATURE OF THE TREATING PROFESSIONAL PERSON AND MEDICAL4
DIRECTOR OF THE FACILITY, AND THE FACILITY SHALL NOTIFY THE BHA5
PRIOR TO THE RESPONDENT'S DISCHARGE. THE FACILITY SHALL MAKE THE6
RESPONDENT'S DISCHARGE SUMMARY AVAILABLE TO THE RESPONDENT ,7
THE RESPONDENT'S ATTORNEY, THE RESPONDENT'S LAY PERSON, AND THE8
RESPONDENT'S LEGAL GUARDIAN, IF APPLICABLE, WITHIN ONE WEEK AFTER9
DISCHARGE, IF REQUESTED. A FACILITY THAT IS TRANSFERRING A10
RESPONDENT TO A DIFFERENT FACILITY OR TO AN OUTPATIENT PROGRAM11
SHALL PROVIDE ALL TREATMENT RECORDS TO THE FACILITY OR PROVIDER12
ACCEPTING THE RESPONDENT AT LEAST TWENTY -FOUR HOURS PRIOR TO13
THE TRANSFER.14
27-65-111.  Certification on an outpatient basis - short-term15
and long-term care. (1)  A
NY RESPONDENT COMMITTED TO THE CUSTODY16
OF THE BEHAVIORAL HEALTH ADMINISTRATION PURSUANT TO SECTION17
27-65-108,
 27-65-109, OR 27-65-110 MAY BE PROVIDED TREATMENT ON18
AN OUTPATIENT BASIS. THE OUTPATIENT TREATMENT PROVIDER , IN19
COLLABORATION WITH THE BHA, SHALL DEVELOP A TREATMENT PLAN FOR20
THE RESPONDENT RECEIVING TREATMENT ON AN OUTPATIENT BASIS WITH21
THE GOAL OF THE RESPONDENT FINDING AND SUSTAINING RECOVERY . THE22
TREATMENT PLAN MUST INCLUDE MEASURES TO KEEP THE RESPONDENT OR23
OTHERS SAFE, AS INFORMED BY THE RESPONDENT 'S NEED FOR24
CERTIFICATION. THE TREATMENT PLAN MAY INCLUDE , BUT IS NOT LIMITED25
TO:26
(a)  I
NTENSIVE CASE MANAGEMENT ;27
HB22-1256
-43- (b)  ASSERTIVE COMMUNITY TREATMENT ;1
(c)  P
EER RECOVERY SERVICES;2
(d)  I
NDIVIDUAL OR GROUP THERAPY ;3
(e)  D
AY OR PARTIAL-DAY PROGRAMMING ACTIVITIES ;4
(f)  I
NTENSIVE OUTPATIENT PROGRAMS ;5
(g)  E
DUCATIONAL AND VOCATIONAL TRAINING OR ACTIVITIES ; AND6
(h)  H
OUSING AND TRANSPORTATION ASSISTANCE .7
(2)  T
HE BEHAVIORAL HEALTH ADMINISTRATION SHALL CREATE A8
ONE-STEP GRIEVANCE PROCESS FOR THE RESPONDENT RELATED TO THE9
RESPONDENT'S TREATMENT PLAN OR PROVIDER . THE RESPONDENT, THE10
RESPONDENT'S LEGAL GUARDIAN , THE RESPONDENT 'S PATIENT11
REPRESENTATIVE OR THE RESPONDENT 'S LAY PERSON, OR ANY PARTY AT12
ANY COURT HEARING MAY CONTEST A RESPONDENT 'S TREATMENT13
REGIMEN, INCLUDING COURT-ORDERED MEDICATIONS , AT ANY COURT14
HEARING RELATED TO THE RESPONDENT 'S CERTIFICATION FOR TREATMENT.15
(3)  T
HE FACILITY RESPONSIBLE FOR PROVIDING SERVICES TO A16
RESPONDENT ON A CERTIFICATION ON AN OUTPATIENT BASIS SHALL17
PROACTIVELY REACH OUT TO THE RESPONDENT TO ENGAGE THE18
RESPONDENT IN TREATMENT. IF THE RESPONDENT REFUSES TREATMENT OR19
COURT-ORDERED MEDICATION AND IS DECOMPENSATING20
PSYCHIATRICALLY, THE COURT MAY ORDER A CERTIFIED PEACE OFFICER OR21
SECURE TRANSPORTATION PROVIDER TO TRANSPORT THE RESPONDENT TO22
AN APPROPRIATE, LEAST RESTRICTIVE DESIGNATED FACILITY IN23
COLLABORATION WITH THE BEHAVIORAL HEALTH ADMINISTRATION AND24
THE PROVIDER HOLDING THE CERTIFICATION . THE RESPONDENT DOES NOT25
NEED TO BE IMMINENTLY DANGEROUS TO THE RESPONDENT 'S SELF OR26
OTHERS FOR THE PROVIDER TO REQUEST , AND THE COURT TO ORDER ,27
HB22-1256
-44- TRANSPORTATION TO A FACILITY FOR THE RESPONDENT TO RECEIVE1
TREATMENT AND COURT -ORDERED MEDICATIONS . THE FACILITY2
RESPONSIBLE FOR PROVIDING SERVICES TO A RESPONDENT ON A3
CERTIFICATION ON AN OUTPATIENT BASIS SHALL PROVIDE THE COURT4
INFORMATION ON THE FACILITY 'S PROACTIVE OUTREACH TO THE5
RESPONDENT AND THE PROFESSIONAL PERSON 'S AND PSYCHIATRIC6
ADVANCED PRACTICE REGISTERED NURSE 'S BASIS FOR MEDICAL OPINION.7
(4)  I
F A RESPONDENT IS PLACED IN A MORE RESTRICTIVE SETTING ,8
THE RESPONDENT HAS THE RIGHT TO JUDICIAL REVIEW WITHIN TEN DAYS9
AFTER FILING A WRITTEN REQUEST.10
(5) (a)  I
N ADDITION TO ANY OTHER LIMITATION ON LIABILITY , A11
PERSON PROVIDING CARE TO A RESPONDENT PLACED ON SHORT -TERM OR12
LONG-TERM CERTIFICATION ON AN OUTPATIENT BASIS IS ONLY LIABLE FOR13
HARM SUBSEQUENTLY CAUSED BY OR TO A RESPONDENT WHO :14
(I)  H
AS BEEN TERMINATED FROM CERTIFICATION DESPITE MEETING15
STATUTORY CRITERIA FOR CERTIFICATION PURSUANT TO SECTION16
27-65-108,
 27-65-109, OR 27-65-110; OR17
(II)  P
ROVIDED SERVICES TO THE RESPONDENT NOT WITHIN THE18
SCOPE OF THE PERSON'S PROFESSIONAL LICENSE, OR WAS RECKLESS OR19
GROSSLY NEGLIGENT IN PROVIDING SERVICES .20
(b)  A
 PROVIDER IS NOT LIABLE IF A RESPONDENT'S CERTIFICATION21
IS TERMINATED, DESPITE MEETING CRITERIA FOR CERTIFICATION , IF THE22
PROVIDER IS UNABLE TO LOCATE THE RESPONDENT DESPITE PROACTIVE23
AND REASONABLE OUTREACH .24
(6)  A
 RESPONDENT SUBJECT TO A SHORT -TERM OR LONG-TERM25
CERTIFICATION ON AN OUTPATIENT BASIS HAS THE FOLLOWING RIGHTS , IN26
ADDITION TO THOSE ENUMERATED IN SECTION 27-65-119:27
HB22-1256
-45- (a)  TO REQUEST A CHANGE TO VOLUNTARY STATUS . A CHANGE TO1
VOLUNTARY STATUS MAY BE DENIED BY THE SUPERVISING PROFESSIONAL2
PERSON OR ADVANCED PRACTICE REGISTERED NURSE WITH TRAINING IN3
PSYCHIATRIC NURSING RESPONSIBLE FOR THE RESPONDENT 'S TREATMENT4
IF THE PROFESSIONAL PERSON OR ADVANCED PRACTICE REGISTERED NURSE5
WITH TRAINING IN PSYCHIATRIC NURSING DETERMINES REASONABLE6
GROUNDS EXIST TO BELIEVE THAT THE RESPONDENT WILL NOT REMAIN IN7
A VOLUNTARY TREATMENT PROGRAM .8
(b)  T
O BE TREATED FAIRLY, WITH RESPECT AND RECOGNITION OF9
THE RESPONDENT'S DIGNITY AND INDIVIDUALITY, BY ALL EMPLOYEES OF10
THE TREATMENT FACILITY WITH WHOM THE RESPONDENT COMES IN11
CONTACT;12
(c)  T
O APPROPRIATE TREATMENT, WHICH MUST BE ADMINISTERED13
SKILLFULLY, SAFELY, AND HUMANELY. A RESPONDENT SHALL RECEIVE14
TREATMENT SUITED TO THE RESPONDENT 'S NEEDS THAT MUST BE15
DETERMINED IN COLLABORATION WITH THE RESPONDENT .16
(d)  T
O NOT BE DISCRIMINATED AGAINST ON THE BASIS OF AGE ,17
RACE, ETHNICITY, RELIGION, CULTURE, SPOKEN LANGUAGE, PHYSICAL OR18
MENTAL DISABILITY, SOCIOECONOMIC STATUS, SEX, SEXUAL ORIENTATION,19
GENDER IDENTITY, OR GENDER EXPRESSION;20
(e)  T
O RETAIN AND CONSULT WITH AN ATTORNEY AT ANY TIME ;21
(f)  W
ITHIN FORTY-EIGHT HOURS AFTER THE RESPONDENT 'S22
REQUEST, TO SEE AND RECEIVE THE SERVICES OF A PATIENT23
REPRESENTATIVE, INCLUDING A PEER SPECIALIST, WHO HAS NO DIRECT OR24
INDIRECT CLINICAL, ADMINISTRATIVE, OR FINANCIAL RESPONSIBILITY FOR25
THE RESPONDENT;26
(g)  T
O HAVE THE RESPONDENT'S BEHAVIORAL HEALTH ORDERS FOR27
HB22-1256
-46- SCOPE OF TREATMENT OR PSYCHIATRIC ADVANCE DIRECTIVE REVIEWED1
AND CONSIDERED BY THE COURT AS THE PREFERRED TREATMENT OPTION2
FOR INVOLUNTARY ADMINISTRATION OF MEDICATIONS UNLESS , BY CLEAR3
AND CONVINCING EVIDENCE , THE RESPONDENT'S DIRECTIVE DOES NOT4
QUALIFY AS EFFECTIVE PARTICIPATION IN BEHAVIORAL HEALTH5
DECISION-MAKING;6
(h)  T
O HAVE THE RESPONDENT 'S INFORMATION AND RECORDS7
DISCLOSED TO ADULT FAMILY MEMBERS AND A LAY PERSON PURSUANT TO8
SECTION 27-65-123;9
(i)  T
O HAVE ACCESS TO A REPRESENTATIVE WITHIN THE FACILITY10
WHO PROVIDES ASSISTANCE TO FILE A GRIEVANCE ; AND11
(j)  T
O HAVE THE RIGHT TO FILE A MOTION WITH THE COURT AT ANY12
TIME TO CONTEST THE CERTIFICATION.13
27-65-112. [Formerly 27-65-110] Termination of short-term14
and long-term treatment - escape. (1)  An original 
OR EXTENDED15
certification for short-term treatment under section 27-65-107, or an
16
extended certification under section 27-65-108 or an order for long-term17
care and treatment or any extension thereof shall terminate TERMINATES18
as soon as, in the opinion of the professional person in charge of19
treatment of the respondent, the respondent has received sufficient benefit20
from such treatment for him or her THE RESPONDENT to leave. Whenever21
a certification or extended certification is terminated under PURSUANT TO22
this section, the professional person in charge of providing treatment shall23
so notify the court in writing within five days of AFTER such termination.24
Such THE professional person may also prescribe day care, night care, or25
any other similar mode of treatment prior to termination.26
(2)  Before termination, an escaped respondent may be returned to27
HB22-1256
-47- the facility by order of the court without a hearing or by the1
superintendent or director of such THE facility without order of court.2
After termination, a respondent may be returned to the institution3
FACILITY only in accordance with the provisions of this article ARTICLE4
65.5
27-65-113. [Formerly 27-65-111] Hearing procedures -6
jurisdiction. (1)  Hearings before the court pursuant to section7
27-65-107, 27-65-108, or 27-65-109 SECTION 27-65-108, 27-65-109, OR8
27-65-110 are conducted in the same manner as other civil proceedings9
before the court. The burden of proof is on the person or facility seeking10
to detain the respondent. The court or jury shall determine that the11
respondent is in need of care and treatment only if the court or jury finds12
by clear and convincing evidence that the person RESPONDENT has a13
mental health disorder and, as a result of the mental health disorder, is a14
danger to others or to himself or herself THE RESPONDENT'S SELF OR15
OTHERS or is gravely disabled.16
(2)  The court, after consultation with respondent's counsel to17
obtain counsel's recommendations, may appoint a professional person to18
examine the respondent for whom short-term treatment or long-term care19
and treatment is sought and to testify at the hearing before the court as to20
the results of his or her THE PROFESSIONAL PERSON'S examination. The21
court-appointed professional person shall act solely in an advisory22
capacity, and no presumption shall attach to his or her IS ATTACHED TO23
THE PROFESSIONAL PERSON'S findings.24
(3)  Every respondent subject to an order for short-term treatment25
or long-term care and treatment shall MUST be advised of his or her THE26
RESPONDENT'S right to appeal the order by the court at the conclusion of27
HB22-1256
-48- any hearing AND, as a result, of which such an THE order may be entered. 1
(4)  The court in which the petition is filed under section2
27-65-106 or the certification is filed under section 27-65-107 shall be3
PURSUANT TO SECTION 27-65-109 IS the court of original jurisdiction and4
of continuing jurisdiction for any further proceedings under this article5
PURSUANT TO THIS ARTICLE 65. When the convenience of the parties and6
the ends of justice would be promoted by a change in the court having7
jurisdiction, the court may order a transfer of the proceeding to another8
county. Until further order of the transferee court, if any, it shall be IS the9
court of continuing jurisdiction.10
(5) (a)  In the event that a respondent or a person found not guilty11
by reason of impaired mental condition pursuant to section 16-8-103.512
(5), C.R.S., or by reason of insanity pursuant to section 16-8-105 (4) or13
16-8-105.5, C.R.S., refuses to accept medication, the court having14
jurisdiction of the action pursuant to subsection (4) of this section, the15
court committing the person or defendant to the custody of the department16
pursuant to section 16-8-103.5 (5), 16-8-105 (4), or 16-8-105.5, C.R.S.,17
or the court of the jurisdiction in which the designated facility treating the18
respondent or person is located shall have HAS jurisdiction and venue to19
accept a petition by a treating physician and to enter an order requiring20
that the respondent or person accept such treatment or, in the alternative,21
that the medication be forcibly administered to him or her THE22
RESPONDENT OR PERSON . The court of the jurisdiction in which the23
designated facility is located shall not exercise its jurisdiction without the24
permission of the court that committed the person to the custody of the25
department. Upon the filing of such a petition, the court shall appoint an26
attorney, if one has not been appointed, to represent the respondent or27
HB22-1256
-49- person and hear the matter within ten days.1
(b)  In any case brought under paragraph (a) of this subsection (5)2
PURSUANT TO SUBSECTION (5)(a) OF THIS SECTION in a court for the3
county in which the treating facility is located, the county where the4
proceeding was initiated pursuant to subsection (4) of this section or the5
court committing the person to the custody of the department pursuant to6
section 16-8-103.5 (5), 16-8-105 (4), or 16-8-105.5, C.R.S., shall either7
reimburse the county in which the proceeding pursuant to this subsection8
(5) was filed and in which the proceeding was held for the reasonable9
costs incurred in conducting the proceeding or conduct the proceeding10
itself using its own personnel and resources, including its own district or11
county attorney, as the case may be.12
(c)  In the case of a defendant who is found incompetent to13
proceed pursuant to section 16-8.5-103 C.R.S., and who refuses to accept14
medication, the jurisdiction for the petition for involuntary treatment15
procedures shall be IS as set forth in section 16-8.5-112. C.R.S.16
(6)  All 
ADVERSARIAL proceedings under this article
 PURSUANT TO17
THIS ARTICLE 65, including proceedings to impose a legal disability18
pursuant to section 27-65-127, shall MUST be conducted by the district19
attorney of the county where the proceeding is held or by a qualified20
attorney acting for the district attorney appointed by the district court for21
that purpose; except that, in any county or in any city and county having22
a population exceeding fifty thousand persons, the proceedings shall23
MUST be conducted by the county attorney or by a qualified attorney24
acting for the county attorney appointed by the district court. In any case25
in which there has been a change of venue to a county other than the26
county of residence of the respondent or the county in which the27
HB22-1256
-50- certification proceeding was commenced, the county from which the1
proceeding was transferred shall either reimburse the county to which the2
proceeding was transferred and in which the proceeding was held for the3
reasonable costs incurred in conducting the proceeding or conduct the4
proceeding itself using its own personnel and resources, including its own5
district or county attorney, as the case may be.6
(7)  Upon request of a 
LEGAL guardian appointed pursuant to7
article 14 of title 15, C.R.S.,
 the LEGAL guardian may intervene in any8
proceeding under this article BROUGHT PURSUANT TO THIS ARTICLE 659
concerning his or her THE LEGAL GUARDIAN'S ward and, through counsel,10
may present evidence and represent to the court the views of the 
LEGAL11
guardian concerning the appropriate disposition of the case.12
(8)  A
 LAY PERSON MAY SUBMIT AN AFFIDAVIT TO THE COURT13
CONCERNING THE LAY PERSON'S RELATIONSHIP TO THE RESPONDENT, HOW14
LONG THE LAY PERSON HAS KNOWN THE RESPONDENT , THE LAY PERSON'S15
PHYSICAL ADDRESS, AND THE LAY PERSON'S VIEWS CONCERNING THE16
APPROPRIATE DISPOSITION OF THE RESPONDENT 'S CASE.17
27-65-114. [Formerly 27-65-112] Appeals. Appellate review of18
any order of short-term treatment or long-term care and treatment may be19
had as provided in the Colorado appellate rules. Such
 AN appeal shall20
MUST be advanced upon the calendar of the appellate court and shall21
MUST be decided at the earliest practicable time. Pending disposition by22
the appellate court, it THE COURT may make such order as it THE COURT23
may consider proper in the premises relating to the care and custody of24
the respondent.25
27-65-115. [Formerly 27-65-113] Habeas corpus. Any person26
detained pursuant to this article shall be ARTICLE 65 IS entitled to an order27
HB22-1256
-51- in the nature of habeas corpus upon proper petition to any court generally1
empowered to issue orders in the nature of habeas corpus.2
27-65-116. [Formerly 27-65-114] Restoration of rights. Any3
person who, by reason of a judicial decree entered by a court of this state4
prior to July 1, 1975, is adjudicated as a person with a mental illness shall5
be IS deemed to have been restored to legal capacity and competency.6
27-65-117. [Formerly 27-65-115] Discrimination - definition.7
No person who has received 
AN evaluation or treatment under any
8
provisions of this article shall be PURSUANT TO THIS ARTICLE 65 MAY BE9
discriminated against because of such status FOR RECEIVING AN10
EVALUATION OR TREATMENT . For purposes of this section,11
"discrimination" means giving any undue weight to the fact of12
hospitalization or outpatient care and treatment unrelated to a person's13
present capacity to meet standards applicable to all persons. Any person14
who suffers injury by reason of a violation of this section shall have HAS15
a civil cause of action.16
27-65-118. [Formerly 27-65-116] Right to treatment - rules.17
(1) (a)  Any person receiving 
AN evaluation or treatment under any of the
18
provisions of this article PURSUANT TO THIS ARTICLE 65 is entitled to19
medical and psychiatric care and treatment, with regard to services listed20
in section 27-66-101 and services listed in rules authorized by section21
27-66-102, suited to meet his or her THE PERSON'S individual needs,22
delivered in such a way as to keep him or her THE PERSON in the least23
restrictive environment, and delivered in such a way as to include the24
opportunity for participation of family members in his or her THE25
PERSON'S program of care and treatment, when appropriate. all subject to26
available appropriations. Nothing in this paragraph (a) shall create27
HB22-1256
-52- SUBSECTION (1)(a) CREATES any right with respect to any person other1
than the person receiving 
AN evaluation, care, or treatment. The2
professional person and the agency or facility providing 
AN evaluation,3
care, or treatment shall keep records detailing all care and treatment4
received by such
 THE person, and such THE records shall MUST be made5
available, upon that THE person's written authorization, to his or her THE6
PERSON'S attorney or his or her THE PERSON'S personal physician. Such7
T
HE records shall be
 ARE permanent records and MUST BE retained in8
accordance with the provisions of section 27-65-121 (4) SECTION9
27-65-123
 (4).10
(b)  Any person receiving 
AN evaluation or treatment under any of
11
the provisions of this article is entitled to PURSUANT TO THIS ARTICLE 6512
MAY petition the court pursuant to the provisions of section 13-45-102,13
C.R.S., subject to available appropriations, for release to a less restrictive14
setting within or without a treating facility or release from a treating15
facility when adequate medical and psychiatric care and treatment is ARE16
not administered.17
(2)  The department BEHAVIORAL HEALTH ADMINISTRATION shall18
adopt regulations PROMULGATE RULES to assure that each agency or19
facility providing 
AN evaluation, care, or treatment shall require
 REQUIRES20
the following:21
(a)  Consent for specific therapies and major medical treatment in22
the nature of surgery. The nature of the consent, by whom it is given, and23
under what conditions, shall be IS determined by rules of the department24
BEHAVIORAL HEALTH ADMINISTRATION .25
(b)  The order of a physician for any treatment or specific therapy26
based on appropriate medical examinations;27
HB22-1256
-53- (c)  Notation in the patient's treatment record of periodic1
examinations, evaluations, orders for treatment, and specific therapies,2
signed by personnel involved;3
(d)  Conduct according to the guidelines contained in the4
regulations of the federal government and the department BEHAVIORAL5
HEALTH ADMINISTRATION with regard to clinical investigations, research,6
experimentation, and testing of any kind; and7
(e)  Documentation of the findings, conclusions, and decisions in8
any administrative review of a decision to release or withhold the9
information requested by a family member 
OR LAY PERSON pursuant to10
section 27-65-121 (1)(g) or (1)(h)
 SECTION 27-65-123 (1)(g) OR (1)(h) and11
documentation of any information given to a family member 
OR LAY12
PERSON.13
27-65-119. [Formerly 27-65-117] Rights of persons receiving14
care or treatment. (1)  Each person receiving evaluation, care, or15
treatment under
 PURSUANT TO any provision of this article ARTICLE 65 has16
the following rights and shall be advised of such rights by the facility:17
(a)  To receive and send sealed correspondence. No incoming or18
outgoing correspondence shall be opened, delayed, held, or censored by19
the personnel of the facility.20
(b)  To have access to letter-writing materials, including postage,21
and to have staff members of the facility assist him or her THE PERSON if22
THE PERSON IS unable to write, prepare, and mail correspondence;23
(c)  To have ready access to telephones, both to make and to24
receive calls in privacy;25
(d)  To have frequent and convenient opportunities to meet with26
visitors. Each person may see his or her THE PERSON'S attorney,27
HB22-1256
-54- clergyman, CLERGYPERSON, or physician at any time.1
(e)  To wear his or her THE PERSON'S own clothes, keep and use his2
or her THE PERSON'S own personal possessions, and keep and be allowed3
to spend a reasonable sum of his or her THE PERSON'S own money.4
(2)  A person's rights under subsection (1) of this section may be5
denied for good cause only by the professional person providing6
treatment. Denial of any right shall MUST in all cases be entered into the7
person's treatment record. Information pertaining to a denial of rights8
contained in the person's treatment record shall MUST be made available,9
upon request, to the person, or his or her THE PERSON'S attorney.10
(3)  No person admitted to or in a facility shall be fingerprinted11
unless required by other provisions of law.12
(4)  A person may be photographed upon admission for13
identification and the administrative purposes of the facility. The14
photographs shall be ARE confidential and shall MUST not be released by15
the facility except pursuant to court order. No other nonmedical16
photographs shall MAY be taken or used without appropriate consent or17
authorization.18
(5)  Any person receiving evaluation or treatment under PURSUANT19
TO any of the provisions of this article ARTICLE 65 is entitled to a written20
copy of all his or her THE PERSON'S rights enumerated in this section, and21
a minor child shall receive written notice of his or her THE MINOR'S rights22
as provided in section 27-65-103 (7)(g) SECTION 27-65-104 (6)(g). A list23
of such rights shall MUST be prominently posted in all evaluation and24
treatment facilities.25
27-65-120. [Formerly 27-65-118] Administration or monitoring26
of medications to persons receiving treatment. The executive director27
HB22-1256
-55- COMMISSIONER has the power to direct the administration or monitoring1
of medications in conformity with part 3 of article 1.5 of title 25 C.R.S.,2
to persons receiving treatment in facilities created DESIGNATED pursuant3
to this article ARTICLE 65.4
27-65-121. [Formerly 27-65-119] Employment of persons in a5
facility - rules. The department BEHAVIORAL HEALTH ADMINISTRATION6
shall adopt rules governing the employment and compensation therefor7
of FOR THE ADMINISTRATION OF CARE OR TREATMENT TO persons8
receiving care or treatment under any provision of this article PURSUANT9
TO THIS ARTICLE 65. The department BEHAVIORAL HEALTH10
ADMINISTRATION shall establish standards for reasonable compensation11
for such employment.12
27-65-122. [Formerly 27-65-120] Voting in public elections.13
Any person receiving evaluation, care, or treatment under PURSUANT TO14
this article shall ARTICLE 65 MUST be given the opportunity to exercise his15
or her THE PERSON'S right to register and to vote in primary and general16
elections. The agency or facility providing evaluation, care, or treatment17
shall assist such persons THE PERSON, upon their THE PERSON'S request,18
to obtain voter registration forms and mail ballots and to comply with any19
other prerequisite for voting.20
27-65-123. [Formerly 27-65-121] Records. (1)  Except as21
provided in subsection (2) of this section, all information obtained and22
records prepared in the course of providing any services pursuant to this23
article 65 to individuals ANY PERSON pursuant to any provision of this24
article 65 are confidential and privileged matter. The information and25
records may be disclosed only:26
(a)  In communications between qualified professional personnel27
HB22-1256
-56- in the provision of services or appropriate referrals;1
(b)  When the recipient of services designates persons to whom2
information or records may be released; but, if a recipient of services is3
a ward or conservatee and his or her THE WARD'S OR CONSERVATEE'S4
guardian or conservator designates, in writing, persons to whom records5
or information may be disclosed, the designation shall be IS valid in lieu6
of the designation by the recipient; except that nothing in this section7
shall be construed to compel COMPELS a physician, psychologist, social8
worker, nurse, attorney, or other professional personnel to reveal9
information that has been given to him or her THE PERSON in confidence10
by members of a patient's family or other informants;11
(c)  To the extent necessary to make claims on behalf of a recipient12
of aid, insurance, or medical assistance to which he or she THE RECIPIENT13
may be entitled;14
(d)  If the department BEHAVIORAL HEALTH ADMINISTRATION has15
promulgated rules for the conduct of research. Such rules shall MUST16
include, but 
ARE not be
 limited to, the requirement that all researchers17
must sign an oath of confidentiality. All identifying information18
concerning individual patients, including names, addresses, telephone19
numbers, and social security numbers, shall MUST not be disclosed for20
research purposes.21
(e)  To the courts, as necessary to FOR the administration of the22
provisions of this article ARTICLE 65;23
(f)  To persons authorized by an order of court after notice and24
opportunity for hearing to the person to whom the record or information25
pertains and the custodian of the record or information pursuant to the26
Colorado rules of civil procedure;27
HB22-1256
-57- (g)  To adult family members upon admission of a person with a1
mental health disorder for inpatient or residential care and treatment. The2
only information that may be released pursuant to this subsection (1)(g)3
is the location and fact of admission of the person with a mental health4
disorder who is receiving care and treatment. The disclosure of location5
is governed by the procedures in section 27-65-122 SECTION 27-65-1246
and is subject to review pursuant to section 27-65-122 SECTION7
27-65-124.8
(h)  To adult family members OR A LAY PERSON actively9
participating in the care and treatment of a person with a mental health10
disorder, regardless of the length of the participation. The information11
released pursuant to this subsection (1)(h) is limited to one or more of the12
following: The diagnosis, the prognosis, the need for hospitalization and13
anticipated length of stay, the discharge plan, the medication administered14
and side effects of the medication, and the short-term and long-term15
treatment goals. The disclosure is governed by the procedures in section16
27-65-122 (2) SECTION 27-65-124 (2) and is subject to review pursuant to17
section 27-65-122 SECTION 27-65-124.18
(i)  In accordance with state and federal law to the agency19
designated pursuant to the federal "Protection and Advocacy for20
Individuals with Mental Illness Act", 42 U.S.C. sec. 10801 et seq., as the21
governor's protection and advocacy system for Colorado.22
(2)  Nothing in paragraph (g) or (h) of subsection (1) SUBSECTION23
(1)(g) 
OR (1)(h) of this section shall be deemed to preclude
 PRECLUDES24
the release of information to a parent concerning his or her THE PARENT'S25
minor child.26
(3) (a)  Nothing in this article shall be construed as rendering27
HB22-1256
-58- ARTICLE 65 RENDERS privileged or confidential any information, except1
written medical records and information that is privileged under2
PURSUANT TO section 13-90-107, C.R.S., concerning observed behavior3
that constitutes a criminal offense committed upon the premises of any4
facility providing services under this article PURSUANT TO THIS ARTICLE5
65 or any criminal offense committed against any person while6
performing or receiving services under this article PURSUANT TO THIS7
ARTICLE 65.8
(b)  The provisions of Subsection (1) of this section shall DOES not9
apply to physicians or psychologists eligible to testify concerning a10
criminal defendant's mental condition pursuant to section 16-8-103.6.11
C.R.S.12
(4) (a)  All facilities shall maintain and retain permanent records,13
including all applications as required pursuant to section 27-65-105 (3)14
SECTION 27-65-106 (3).15
(b)  Outpatient or ambulatory care facilities shall retain all records16
for a minimum of seven years after discharge from the facility for persons17
who were eighteen years of age or older when admitted to the facility, or18
until twenty-five years of age for persons who were under eighteen years19
of age when admitted to the facility.20
(c)  Inpatient or hospital care facilities shall retain all records for21
a minimum of ten years after discharge from the facility for persons who22
were eighteen years of age or older when admitted to the facility, or until23
twenty-eight years of age for persons who were under eighteen years of24
age when admitted to the facility.25
(5)  Nothing in this section shall be construed to prohibit or limit26
PROHIBITS OR LIMITS the sharing of information by a state institution of27
HB22-1256
-59- higher education police department to authorized university1
administrators pursuant to section 23-5-141. C.R.S.2
27-65-124. [Formerly 27-65-122] Request for release of3
information - procedures - review of a decision concerning release of4
information. (1)  When a family member requests the location and fact5
of admission of a person with a mental health disorder pursuant to section6
27-65-121 (1)(g) SECTION 27-65-123 (1)(g), the treating professional7
person or his or her THE PROFESSIONAL PERSON'S designee, who must be8
a professional person, shall decide whether to release or withhold such9
information. The location must be released unless the treating10
professional person or his or her THE PROFESSIONAL PERSON'S designee11
determines, after an interview with the person with a mental health12
disorder, that release of the information to a particular family member13
would not be in the best interests of the person with a mental health14
disorder. Any decision to withhold information requested pursuant to15
section 27-65-121 (1)(g) SECTION 27-65-123 (1)(g) is subject to16
administrative review pursuant to this section upon request of a family17
member or the person with a mental health disorder. The treating facility18
shall make a record of the information given to a family member pursuant19
to this subsection (1). For the purposes of this subsection (1), an adult20
person having a similar relationship to a person with a mental health21
disorder as a spouse, 
LAY PERSON, parent, child, or sibling of a person22
with a mental health disorder may also request the location and fact of23
admission concerning a person with a mental health disorder. 24
(2) (a)  When a family member requests information pursuant to25
section 27-65-121 (1)(h)
 SECTION 27-65-123 (1)(h) concerning a person26
with a mental health disorder, the treating professional person or his or27
HB22-1256
-60- her THE PROFESSIONAL PERSON'S designee, shall determine whether the1
person with a mental health disorder is capable of making a rational2
decision in weighing his or her THE PERSON'S confidentiality interests and3
the care and treatment interests implicated by the release of information.4
The treating professional person or his or her THE PROFESSIONAL5
PERSON'S designee shall then determine whether the person with a mental6
health disorder consents or objects to the release of information.7
Information must be released or withheld in the following circumstances:8
(I)  If the treating professional person or his or her THE9
PROFESSIONAL PERSON'S designee makes a finding that the person with a10
mental health disorder is capable of making a rational decision11
concerning his or her THE PERSON'S interests and the person with a mental12
health disorder consents to the release of information, the treating13
professional person or his or her THE PROFESSIONAL PERSON'S designee14
shall order the release of the information unless he or she THE15
PROFESSIONAL PERSON OR THE PROFESSIONAL PERSON 'S DESIGNEE16
determines that the release would not be in the best interests of the person17
with a mental health disorder.18
(II)  If the treating professional person or his or her THE19
PROFESSIONAL PERSON'S designee makes a finding that the person with a20
mental health disorder is capable of making a rational decision21
concerning his or her THE PERSON'S interests and the person with a mental22
health disorder objects to the release of information, the treating23
professional person or his or her THE PROFESSIONAL PERSON'S designee24
shall not order the release of the information.25
(III)  If the treating professional person or his or her THE26
PROFESSIONAL PERSON'S designee makes a finding that the person with a27
HB22-1256
-61- mental health disorder is not capable of making a rational decision1
concerning his or her THE PERSON'S interests, the treating professional2
person or his or her THE PROFESSIONAL PERSON'S designee may order the3
release of the information if he or she THE PROFESSIONAL PERSON OR THE4
PROFESSIONAL PERSON'S DESIGNEE determines that the release would be5
in the best interests of the person with a mental health disorder. 6
(IV)  Any determination as to capacity pursuant to this subsection7
(2)(a) must be used only for the limited purpose of this subsection (2)(a).8
(b)  A decision by a treating professional person or his or her THE9
PROFESSIONAL PERSON'S designee concerning the capability of a person10
with a mental health disorder pursuant to subsection (2)(a)(III) of this11
section is subject to administrative review upon the request of the person12
with a mental health disorder. A decision by a treating professional13
person or his or her THE PROFESSIONAL PERSON'S designee to order the14
release or withholding of information pursuant to subsection (2)(a)(III)15
of this section is subject to administrative review upon the request of16
either a family member or the person with a mental health disorder.17
(c)  The director of the treating facility shall make a record of any18
information given to a family member pursuant to subsection (2)(a) of19
this section and section 27-65-121 (1)(h) SECTION 27-65-123 (1)(h). 20
(3)  When administrative review is requested either pursuant to21
subsection (1) or subsection (2)(b) of this section, the director of the22
facility providing care and treatment to the person with a mental health23
disorder shall cause an objective and impartial review of the decision to24
withhold or release information. The director of the facility shall conduct25
the review, if he or she THE DIRECTOR is a professional person. If the26
director is not available or if the director cannot provide an objective and27
HB22-1256
-62- impartial review, the review shall MUST be conducted by a professional1
person designated by the director of the facility. The review must include,2
but need not be limited to, an interview with the person with a mental3
health disorder. The facility providing care and treatment shall document4
the review of the decision.5
(4)  If a person with a mental health disorder objects to the release6
or withholding of information, the person with a mental health disorder7
and his or her THE PERSON'S attorney, if any, must be provided with8
information concerning the procedures for administrative review of a9
decision to release or withhold information. The person with a mental10
health disorder must be informed of any information proposed to be11
withheld or released and to whom and be given a reasonable opportunity12
to initiate the administrative review process before information13
concerning his or her THE PERSON'S care and treatment is released.14
(5)  A family member whose request for information is denied15
shall MUST be provided with information concerning the procedures for16
administrative review of a decision to release or withhold information.17
(6)  A person with a mental health disorder may file a written18
request for review by the court of a decision made upon administrative19
review to release information to a family member requested pursuant to20
section 27-65-121 (1)(h) SECTION 27-65-123 (1)(h) and proposed to be21
released pursuant to subsection (2) of this section. If judicial review is22
requested, the court shall hear the matter within ten days after the request,23
and the court shall give notice to the person with a mental health disorder24
and his or her THE PERSON'S attorney, the treating professional person, and25
the person who made the decision upon administrative review of the time26
and place of the hearing. The hearing must be conducted in the same27
HB22-1256
-63- manner as other civil proceedings before the court.1
(7)  In order to allow a person with a mental health disorder an2
opportunity to seek judicial review, the treating facility or the treating3
professional person or his or her THE PROFESSIONAL PERSON'S designee4
shall not release information requested pursuant to section 27-65-1215
(1)(h) SECTION 27-65-123 (1)(h) until five days after the determination6
upon administrative review of the director or his or her THE DIRECTOR'S7
designee is received by the person with a mental health disorder, and,8
once judicial review is requested, the treating facility or the treating9
professional person or his or her THE PROFESSIONAL PERSON'S designee10
shall not release information except by court order. However, if the11
person with a mental health disorder indicates an intention not to appeal12
a determination upon administrative review that is adverse to him or her13
THE PERSON concerning the release of information, the information may14
be released less than five days after the determination upon review is15
received by the person with a mental health disorder.16
(8)  This section provides for the release of information only and17
shall not be IS NOT deemed to authorize the release of the written medical18
record without authorization by the patient or as otherwise provided by19
law.20
(9)  For purposes of this section, the treating professional person's21
designee shall be a professional person.22
27-65-125. [Formerly 27-65-123] Treatment in federal23
facilities. (1)  If a person is certified under the provisions of this article24
PURSUANT TO THIS ARTICLE 65 and is eligible for hospital care or25
treatment by an agency of the United States, and if a certificate of26
notification from said THE agency showing that facilities are available and27
HB22-1256
-64- that the person is eligible for care or treatment therein, is received, the1
court may order him or her THE PERSON to be placed in the custody of the2
agency for hospitalization. When any person is admitted pursuant to an3
order of court to any hospital or institution operated by any agency of the4
United States within or without OUTSIDE this state, the person shall be IS5
subject to the rules and regulations of the agency. The chief officer of any6
hospital or institution operated by an agency and in which the person is7
so hospitalized shall, with respect to the person, be vested with the same8
powers as the chief officer of the Colorado mental health institute at9
Pueblo with respect to detention, custody, transfer, conditional release, or10
discharge of patients. Jurisdiction shall be IS retained in the appropriate11
courts of this state to inquire into the mental condition of persons A12
PERSON so hospitalized and to determine the necessity for continuance of13
their THE PERSON'S hospitalization.14
(2)  An order of a court of competent jurisdiction of another state,15
territory, or the District of Columbia authorizing hospitalization of a16
person to any agency of the United States shall have HAS the same effect17
as to said THE person while in this state as in the jurisdiction in which the18
court entering the order is situated; the courts of the state or district19
issuing the order shall be deemed to have retained RETAIN jurisdiction of20
the person so hospitalized for the purpose of inquiring into his or her THE21
PERSON'S mental condition and of FOR determining the necessity for22
continuance of his or her THE PERSON'S hospitalization. Consent is hereby23
given to the application of the law of the state or district in which the24
court issuing the order for hospitalization is located, with respect to the25
authority of the chief officer of any hospital or institution operated in this26
state by any agency of the United States to retain custody, to transfer, to27
HB22-1256
-65- conditionally release, or to discharge the person hospitalized.1
27-65-126. [Formerly 27-65-124] Transfer of persons into and2
out of Colorado - reciprocal agreements. The transfer of persons A3
PERSON hospitalized voluntarily under the provisions of this article4
PURSUANT TO THIS ARTICLE 65 out of Colorado or under the laws of5
another jurisdiction into Colorado shall be ARE governed by the6
provisions of the interstate compact on mental health.7
27-65-127.  Imposition of legal disability - deprivation of legal8
right - restoration. (1) (a)  When an interested person wishes to obtain9
a determination as to the imposition of a legal disability or the deprivation10
of a legal right for a person who has a mental health disorder and who is11
a danger to himself or herself or THE PERSON'S SELF OR others, is gravely12
disabled, or is insane, as defined in section 16-8-101, and who is not then13
subject to proceedings pursuant to this article 65 or part 3 or part 4 of14
article 14 of title 15, the interested person may petition the court for a15
specific finding as to the legal disability or deprivation of a legal right.16
Actions commenced pursuant to this subsection (1) may include but are17
not limited to actions to determine contractual rights and rights with18
regard to the operation of motor vehicles.19
(b)  The petition shall MUST set forth the disability to be imposed20
or the legal right to be deprived and the reasons. therefor.21
(2)  The court may impose a legal disability or may deprive a22
person RESPONDENT of a legal right only upon finding both of the23
following:24
(a)  That the respondent is a person with a mental health disorder25
and is a danger to himself or herself THE RESPONDENT'S SELF or others, IS26
gravely disabled, or insane, as defined in section 16-8-101; 
AND27
HB22-1256
-66- (b)  That the requested disability or deprivation is both necessary1
and desirable.2
(3)  To have a legal disability removed or a legal right restored,3
any interested person may file a petition with the court which THAT made4
the original finding. No legal disability shall MAY be imposed nor a legal5
right be deprived for a period of more than six months without a review6
hearing by the court at the end of six months, at which 
TIME the findings7
specified in subsection (2) of this section shall
 MUST be reaffirmed to8
justify continuance of the disability or deprivation. A copy of the petition9
shall MUST be served on the person who filed the original petition, on the10
person whose rights are affected if he or she THE PERSON is not the11
petitioner, and upon the facility where the person whose rights are12
affected resides, if any.13
(4)  Whenever any proceedings are instituted or conducted14
pursuant to this section, the following procedures shall apply:15
(a)  Upon the filing of a petition, the court shall appoint an16
attorney-at-law ATTORNEY to represent the respondent. The respondent17
may replace said THE attorney with an attorney of the respondent's own18
selection CHOOSING at any time. Attorney fees for an indigent respondent19
shall be ARE paid by the court.20
(b)  The court, upon request of an indigent respondent or his or her21
THE RESPONDENT'S attorney, shall appoint, at the court's expense, one or22
more professional persons of the respondent's selection CHOOSING to23
assist the respondent in the preparation of his or her THE RESPONDENT'S24
case.25
(c)  Upon demand made at least five days prior to the date of26
hearing, the respondent shall have HAS the right to a trial of all issues by27
HB22-1256
-67- a jury of six.1
(d)  At all times the burden shall be IS upon the person seeking2
imposition of a disability or deprivation of a legal right or opposing3
removal of a disability or deprivation to prove all essential elements by4
clear and convincing evidence.5
(e)  Pending a hearing, the court may issue an order temporarily6
imposing a disability or depriving the respondent of a legal right for a7
period of not more than ten days in conformity with the standards for8
issuance of ex parte temporary restraining orders in civil cases, but no9
individual habilitation or rehabilitation plan shall be IS required prior to10
the issuance of such THE order.11
(f)  Except as otherwise provided in this subsection (4), all12
proceedings shall MUST be held in conformance with the Colorado rules13
of civil procedure, but no costs shall MAY be assessed against the14
respondent.15
(5)  Any person who, by reason of a judicial decree or order16
entered by a court of this state prior to July 1, 1979, is under the17
imposition of a legal disability or has been deprived of a legal right18
pursuant to this section as it existed prior to July 1, 1979, shall be released19
from such decree or order on December 31, 1979.20
27-65-128.  Administration - rules. The department BEHAVIORAL21
HEALTH ADMINISTRATION shall make such PROMULGATE ANY rules as will22
NECESSARY TO consistently enforce the provisions of this article ARTICLE23
65,
 INCLUDING RULES TO ESTABLISH TIERED DESIGNATION FOR FACILITIES .24
T
HE BEHAVIORAL HEALTH ADMINISTRATION SHALL PROACTIVELY TRAIN25
PROVIDERS, FACILITIES, COUNTIES, JUDGES, AND MAGISTRATES ON THE26
PROCEDURES UNDER THIS ARTICLE 65, INCLUDING TRAINING FOR27
HB22-1256
-68- INTERVENING PROFESSIONALS AND CERTIFIED PEACE OFFICERS .1
27-65-129.  Payment for counsel. In order to provide legal2
representation to persons eligible therefor as provided in FOR AN3
ATTORNEY PURSUANT TO this article ARTICLE 65, the judicial department4
is authorized to SHALL pay, out of appropriations made therefor MONEY5
APPROPRIATED by the general assembly, sums directly to THE appointed6
counsel ATTORNEY on a case-by-case basis or, on behalf of the state, to7
make SHALL PAY lump-sum grants to and contract with individual8
attorneys, legal partnerships, legal professional corporations, public9
interest law firms, or nonprofit legal services corporations.10
27-65-130.  Advisory board - created - service standards and11
rules. (1) [Formerly 27-65-131] (a)  An advisory board, referred to 
IN12
THIS SECTION as the "board", in this section,
 to the department13
BEHAVIORAL HEALTH ADMINISTRATION is established for the purpose of14
assisting and advising the executive director COMMISSIONER in15
accordance with section 27-65-130 SUBSECTION (2) OF THIS SECTION in16
the development of service standards and rules. The board consists of not17
less NO FEWER than eleven nor BUT NOT more than fifteen members18
appointed by the governor, 
AS FOLLOWS:19
(I)  The board includes
 One representative each from the office of20
behavioral health; the department of human services;21
(II)  O
NE REPRESENTATIVE FROM THE BEHAVIORAL HEALTH22
ADMINISTRATION;23
(III)  O
NE REPRESENTATIVE FROM the department of public health24
and environment;25
(IV)  O
NE REPRESENTATIVE FROM the university of Colorado26
health sciences center; and
27
HB22-1256
-69- (V)  ONE REPRESENTATIVE FROM a leading professional association1
of psychiatrists in this state; at least2
(VI)  One member representing proprietary skilled health-care3
facilities;4
(VII)  One member representing nonprofit health-care facilities;5
(VIII)  One member representing the Colorado bar association;6
(IX)  One member representing consumers of services for persons7
with mental health disorders;8
(X)  One member representing families of persons with mental9
health disorders;10
(XI)  One member representing children's health-care facilities;11
and12
(XII)  Other persons from both the private and the public sectors13
who are recognized or known to be interested and informed in the area of14
the board's purpose and function.15
(b)  In making appointments to the board, the governor is16
encouraged to include representation by at least one member who is a17
person with a disability, as defined in section 24-34-301 (2.5), a family18
member of a person with a disability, or a member of an advocacy group19
for persons with disabilities, provided that the other requirements of this20
section are met.21
(2) [Formerly 27-65-130] The advisory board created by section22
27-65-131 is responsible for recommending standards and rules relevant23
to the provisions of this article 65 for the programs of mental health24
services to those patients in any health-care facility that has either25
separate facilities for the care, treatment, and rehabilitation of persons26
with mental health disorders or those health-care facilities that have as27
HB22-1256
-70- their THE HEALTH-CARE FACILITY'S only purpose the care and treatment1
of such persons.2
27-65-131.  Data report. (1)  B
EGINNING JANUARY 1, 2025, AND3
EACH JANUARY 1 THEREAFTER, THE BEHAVIORAL HEALTH4
ADMINISTRATION SHALL ANNUALLY SUBMIT A REPORT TO THE GENERAL5
ASSEMBLY ON THE OUTCOMES AND EFFECTIVENESS OF THE INVOLUNTARY6
COMMITMENT SYSTEM DESCRIBED IN THIS ARTICLE 65, DISAGGREGATED7
BY REGION, INCLUDING ANY RECOMME NDATIONS TO IMPROVE THE SYSTEM8
AND OUTCOMES FOR PERSONS INVOLUNTARY COMMITTED OR CERTIFIED9
PURSUANT TO THIS ARTICLE 65. THE REPORT MUST INCLUDE AGGREGATED10
AND DISAGGREGATED NONIDENTIFYING INDIVIDUAL	-LEVEL DATA. AT A11
MINIMUM, THE REPORT MUST INCLUDE:12
(a)  T
HE NUMBER OF SEVENTY -TWO-HOUR EMERGENCY MENTAL13
HEALTH HOLDS THAT OCCURRED IN THE STATE AND THE NUMBER OF14
PEOPLE PLACED ON A SEVENTY-TWO-HOUR EMERGENCY MENTAL HEALTH15
HOLD, INCLUDING:16
(I)  A
 SUMMARY OF THE REASON EACH PERSON WAS PLACED ON AN17
EMERGENCY MENTAL HEALTH HOLD ;18
(II)  D
EMOGRAPHIC INFORMATION OF EACH PERSON PLACED ON AN19
EMERGENCY MENTAL HEALTH HOLD ;20
(III)  D
ISPOSITION OF EACH PERSON PLACED ON AN EMERGENCY21
MENTAL HEALTH HOLD;22
(IV)  H
OW OFTEN A FACILITY WAS REQUIRED TO ASK FOR23
ASSISTANCE FROM THE BEHAVIORAL HEALTH ADMINISTRATION TO FIND24
PLACEMENT FOR THE PERSON PURSUANT TO SECTION 27-65-106 AND IF25
PLACEMENT WAS FOUND, THE AVERAGE LENGTH OF TIME A PERSON HAD TO26
WAIT FOR THE PLACEMENT AND THE CHALLENGES ENCOUNTERED IN27
HB22-1256
-71- FINDING A PLACEMENT;1
(V)  H
OW MANY SECOND EMERGENCY MENTAL HEALTH HOLDS2
WERE PLACED PURSUANT TO SECTION 27-65-106 DUE TO A LACK OF3
APPROPRIATE PLACEMENT OPTIONS ; AND4
(VI)  H
OW EACH EMERGENCY MENTAL HEALTH HOLD ORIGINATED ,5
WHETHER BY A CERTIFIED PEACE OFFICER ; INTERVENING PROFESSIONAL,6
INCLUDING SPECIFIC PROFESSIONAL TYPE; OR A COURT ORDER;7
(b)  T
HE NUMBER AND CHARACTERISTICS OF EACH CERTIFICATION8
FOR SHORT-TERM TREATMENT, INCLUDING AN EXTENSION OF SHORT-TERM9
TREATMENT, AND LONG-TERM CARE AND TREATMENT THAT OCCURRED IN10
THE STATE, INCLUDING:11
(I)  T
HE NUMBER OF INPATIENT VERSUS OUTPATIENT12
CERTIFICATIONS; 13
(II)  T
HE REASON FOR INITIATING EACH CERTIFICATION ;14
(III)  T
HE NUMBER OF CERTIFICATIONS INITIATED BY A COURT15
ORDER, PROFESSIONAL PERSON, OR CERTIFIED PEACE OFFICER;16
(IV)  T
HE AVERAGE LENGTH OF EACH CERTIFICATION ;17
(V)  T
HE DEMOGRAPHICS OF EACH INDIVIDUAL ON A CERTIFICATION18
FOR SHORT-TERM TREATMENT;19
(VI)  T
HE SERVICES PROVIDED;20
(VII)  T
HE SERVICES NEEDED THAT WERE NOT AVAILABLE ; AND21
(VIII)  A
NY IDENTIFIED BARRIERS PREVENTING THE PROVISION OF22
NEEDED SERVICES;23
(c)  T
HE OUTCOME OF EACH CERTIFICATION FOR SHORT -TERM24
TREATMENT AND CERTIFICATION FOR LONG -TERM CARE AND TREATMENT ;25
(d)  T
HE REASON EACH CERTIFICATION WAS DISCONTINUED ,26
DISAGGREGATED BY THOSE SUCCESSFULLY DISCHARGED , VOLUNTARILY27
HB22-1256
-72- DISCHARGED, TRANSFERRED, NOT LOCATED , WITH TREATMENT1
COMPLIANCE CONCERNS, UNABLE TO TRANSFER TO ANOTHER FACILITY OR2
PROVIDER, FOR LACK OF PAYMENT TO TREATMENT PROVIDERS , AND FOR3
ANY OTHER REASONS;4
(e)  T
HE PERSON'S HOUSING AND EMPLOYMENT STATUS WHEN5
CERTIFICATION WAS DISCONTINUED ;6
(f)  W
HAT SERVICES WERE PROVIDED VERSUS WHAT SERVICES7
WERE MOST FREQUENTLY NEEDED BY PEOPLE CERTIFIED ON AN8
OUTPATIENT BASIS;9
(g)  B
ARRIERS AND OPPORTUNITIES WITH LOCAL PROVIDERS , THE10
JUDICIAL BRANCH, AND LAW ENFORCEMENT ; AND11
(h)  H
OW MANY INDIVIDUALS WERE PLACED IN THE CUST ODY OF12
THE BEHAVIORAL HEALTH ADMINISTRATION ON A CERTIFICATION FOR13
SHORT-TERM TREATMENT WHO WERE CONCURRENTLY INVOLVED IN THE14
CRIMINAL JUSTICE SYSTEM, INCLUDING THE OUTCOMES OF EACH PERSON15
AND ANY BARRIERS AND OPPORTUNITIES THAT MAY EXIST TO BETTER16
SERVE THE POPULATION.17
SECTION 2. In Colorado Revised Statutes, amend as added by18
House Bill 21-____ 27-65-106 as follows:19
27-65-106. Emergency mental health hold - screening -20
court-ordered evaluation - discharge summary - respondent's rights.21
(1) [Formerly 27-65-105 (1)] Emergency procedure
 AN EMERGENCY22
MENTAL HEALTH HOLD may be invoked under one of the following23
conditions:24
(a) (I)  When any A CERTIFIED PEACE OFFICER HAS PROBABLE25
CAUSE TO BELIEVE A person appears to have HAS a mental health disorder26
and, as a result of such THE mental health disorder, appears to be IS an27
HB22-1256
-73- imminent danger to THE PERSON'S SELF OR others the person's self or1
appears to be IS gravely disabled, THE CERTIFIED PEACE OFFICER MAY2
TAKE THE PERSON INTO PROTECTIVE CUSTODY AND TRANSPORT THE3
PERSON TO AN EMERGENCY MEDICAL SERVICES FACILITY OR A FACILITY4
DESIGNATED BY THE COMMISSIONER FOR AN EMERGENCY MENTAL HEALTH5
HOLD. THE CERTIFIED PEACE OFFICER MAY REQUEST ASSISTANCE FROM A6
BEHAVIORAL HEALTH CRISIS RESPONSE TEAM FOR ASSISTANCE IN7
DETAINING AND TRANSPORTING THE PERSON ; OR then an intervening8
professional, or certified officer, upon probable cause and with such9
assistance as may be required, may take the person into custody, or cause10
the person to be taken into custody, and placed in a facility designated or11
approved by the executive director for a seventy-two-hour treatment and12
evaluation. If such a facility is not available, the person may be taken to13
an emergency medical services facility.14
(I.5)  When any person appears to have a mental health disorder15
and, as a result of such mental health disorder, is in need of immediate16
evaluation for treatment in order to prevent physical or psychiatric harm17
to others or to the person's self, then an intervening professional, or18
certified peace officer, upon probable cause and with such assistance as19
may be required, may immediately transport the person to an outpatient20
mental health facility or other clinically appropriate facility designated or21
approved by the executive director. If such a facility is not available, the22
person may be taken to an emergency medical services facility.23
(b)  Upon an affidavit sworn to or affirmed before a judge that24
relates sufficient facts to establish that a person appears to have a mental25
health disorder and, as a result of the mental health disorder, appears to26
be an imminent danger to others or to the person's self or appears to be27
HB22-1256
-74- gravely disabled, the court may order the person described in the affidavit1
to be taken into custody and placed in a facility designated or approved2
by the executive director for a seventy-two-hour treatment and evaluation.3
Whenever in this article 65 a facility is to be designated or approved by4
the executive director, hospitals, if available, must be approved or5
designated in each county before other facilities are approved or6
designated. Whenever in this article 65 a facility is to be designated or7
approved by the executive director as a facility for a stated purpose and8
the facility to be designated or approved is a private facility, the consent9
of the private facility to the enforcement of standards set by the executive10
director is a prerequisite to the designation or approval.11
(c)  Upon an affidavit sworn to or affirmed before a judge that12
relates sufficient facts to establish that a person appears to have a mental13
health disorder and, as a result of the mental health disorder, is in need of14
immediate evaluation for treatment to prevent physical or psychiatric15
harm to others or to the person's self, the court may order the person16
described in the affidavit to be transported to an outpatient mental health17
facility or other clinically appropriate facility designated or approved by18
the executive director.19
(II)  W
HEN AN INTERVENING PROFESSIONAL REASONABLY BELIEVES20
THAT A PERSON APPEARS TO HAVE A MENTAL HEALTH DISORDER AND , AS21
A RESULT OF THE MENTAL HEALTH DISORDER , APPEARS TO BE AN22
IMMINENT DANGER TO THE PERSON 'S SELF OR OTHERS OR APPEARS TO BE23
GRAVELY DISABLED, THE INTERVENING PROFESSIONAL MAY CAUSE THE24
PERSON TO BE TAKEN INTO PROTECTIVE CUSTODY AND TRANSPORTED TO25
AN EMERGENCY MEDICAL SERVICES FACILITY OR A FACILITY DESIGNATED26
BY THE COMMISSIONER FOR AN EMERGENCY MENTAL HEALTH HOLD . THE27
HB22-1256
-75- INTERVENING PROFESSIONAL MAY REQUEST ASSISTANCE FROM A1
CERTIFIED PEACE OFFICER, EMERGENCY MEDICAL SERVICES PROVIDER , A2
SECURE TRANSPORTATION PROVIDER , OR A BEHAVIORAL HEALTH CRISIS3
RESPONSE TEAM FOR ASSISTANCE IN DETAINING AND TRANSPORTING THE4
PERSON.5
(d) (b) (I)   individual may petition WHEN A PERSON PETITIONS the6
court in the county in which the respondent resides or is physically7
present 
REQUESTING AN EVALUATION OF THE RESPONDENT 'S CONDITION8
AND alleging that there is a person who
 THE RESPONDENT appears to have9
a mental health disorder and, as a result of the mental health disorder,10
appears to be a danger to 
THE RESPONDENT'S SELF OR others or to the
11
person's self or appears to be gravely disabled. and requesting an12
evaluation of the person's condition.13
(II)  A
NY PERSON WHO FILES A MALICIOUS OR FALSE PETITION FOR14
AN EVALUATION OF A RESPONDENT PURSUANT TO THIS SECTION IS SUBJECT15
TO CRIMINAL PROSECUTION.16
(2)  When a person is taken into custody pursuant to subsection (1)17
of this section, the person must not be detained in a jail, lockup, or other18
place used for the confinement of persons charged with or convicted of19
penal offenses. U
NLESS OTHERWISE REQUIRED BY LAW , A CERTIFIED20
PEACE OFFICER MAY TRANSPORT THE PERSON TO AN EMERGENCY MEDICAL21
SERVICES FACILITY OR FACILITY DESIGNATED BY THE COMMISSIONER EVEN22
IF A WARRANT HAS BEEN ISSUED FOR THE PERSON 'S ARREST IF THE23
CERTIFIED PEACE OFFICER BELIEVES IT IS IN THE BEST INTEREST OF THE24
PERSON. THE PERSON MUST NOT BE HELD ON AN EMERGENCY MENTAL25
HEALTH HOLD FOR LONGER THAN SEVENTY -TWO HOURS AFTER THE HOLD26
IS PLACED OR ORDERED, UNLESS OTHERWISE AUTHORIZED BY OTHER27
HB22-1256
-76- FEDERAL OR STATE LAWS , INCLUDING THE FEDERAL "EMERGENCY1
M
EDICAL TREATMENT AND LABOR ACT", 42 U.S.C. SEC. 1395dd.2
(3)  When a person is taken into emergency custody by an
3
intervening professional or certified police officer PLACED ON AN4
EMERGENCY MENTAL HEALTH HOLD pursuant to subsection (1) of this5
section and is presented to an emergency medical services facility or a6
facility that is designated or approved by the executive director7
COMMISSIONER, the facility shall require an A BEHAVIORAL HEALTH8
ADMINISTRATION-APPROVED application in writing, stating the9
circumstances under which the person's condition was called to the10
attention of the intervening professional or certified peace officer and11
further stating sufficient facts, obtained from the intervening12
professional's or certified peace officer's personal observations or13
obtained from others whom the intervening professional or certified peace14
officer reasonably believes to be reliable, to establish that the person has15
a mental health disorder and, as a result of the mental health disorder, is16
an imminent danger to 
THE PERSON'S SELF OR others or the person's self
17
is gravely disabled. or is in need of immediate evaluation for treatment.18
The application must indicate when the person was taken into custody and19
who brought the person's condition to the attention of the intervening20
professional 
OR CERTIFIED PEACE OFFICER. A copy of the application must21
be furnished to the person being evaluated, and the application must be22
retained in accordance with the provisions of section 27-65-121 (4)
23
SECTION 27-65-123 (4).24
(4) (a)  The petition for a court-ordered evaluation 
FILED25
PURSUANT TO SUBSECTION (1)(b) OF THIS SECTION must contain the26
following:27
HB22-1256
-77- (I)  The name and address of the petitioner and the petitioner's1
interest in the case;2
(II)  The name of the person RESPONDENT for whom evaluation is3
sought, who is designated as the respondent, and, if known to the4
petitioner, the address, age, sex GENDER, marital status, and occupation,5
of the respondent, AND ANY ANIMALS OR DEPENDENT CHILDREN IN THE6
RESPONDENT'S CARE;7
(III)  Allegations of fact indicating that the respondent may have8
a mental health disorder and, as a result of the mental health disorder, be9
a danger to 
THE RESPONDENT'S SELF OR others the respondent's self
 or be10
gravely disabled and showing reasonable grounds to warrant an11
evaluation;12
(IV)  The name and address of every person known or believed by13
the petitioner to be legally responsible for the care, support, and14
maintenance of the respondent, if available; 
AND15
(V)  The name, address, and telephone number of the attorney, if16
any, who has most recently represented the respondent. If there is no
17
attorney, there shall be a statement as to whether, to the best knowledge18
of the petitioner, the respondent meets the criteria established by the legal19
aid agency operating in the county or city and county for it to represent20
a client.21
(b)  Upon receipt of a petition satisfying the requirements of22
subsection (4)(a) of this section, 
IF THE COURT IS NOT SATISFIED THAT23
PROBABLE CAUSE EXISTS TO ISSUE AN ORDER FOR AN EVALUATION , the24
court shall designate
 IDENTIFY a facility approved DESIGNATED by the25
executive director COMMISSIONER, an intervening professional, or26
certified peace officer to provide screening of the respondent to determine27
HB22-1256
-78- whether there is probable cause EXISTS to believe the allegations.1
(c)  Following 
THE screening DESCRIBED IN SUBSECTION (4)(b) OF2
THIS SECTION, the facility, intervening professional, or certified peace3
officer designated by the court shall file a report with the court 
AND MAY4
INITIATE AN EMERGENCY MENTAL HEALTH HOLD AT THE TIME OF5
SCREENING. The report must include a recommendation as to whether6
there is
 probable cause EXISTS to believe that the respondent has a mental7
health disorder and, as a result of the mental health disorder, is a danger8
to 
THE RESPONDENT'S SELF OR others the respondent's self
 or is gravely9
disabled and whether the respondent will voluntarily receive evaluation10
or treatment. The screening report submitted to the court pursuant to this11
subsection (4)(c) is confidential in accordance with section 27-65-123 and12
must be furnished to the respondent or the respondent's attorney or13
personal representative.14
(d)  Whenever it appears, by petition and screening pursuant to this15
section, to the satisfaction of the court that probable cause exists to16
believe that the respondent has a mental health disorder and, as a result17
of the mental health disorder, is a danger to 
THE RESPONDENT'S SELF OR18
others the respondent's self
 or is gravely disabled and that efforts have19
been made to secure the cooperation of the respondent who BUT THE20
RESPONDENT has refused or failed to accept evaluation voluntarily, the21
court shall issue an order for evaluation authorizing a certified peace22
officer or secure transportation provider to take the respondent into23
custody and transport the respondent to a facility designated by the24
executive director COMMISSIONER for seventy-two-hour treatment and25
evaluation AN EMERGENCY MENTAL HEALTH HOLD . At the time of taking26
the respondent 
IS TAKEN into custody, a copy of the petition and the order27
HB22-1256
-79- for evaluation must be given to the respondent and promptly thereafter to1
any THE one LAY person designated by the respondent and to the person2
in charge of the seventy-two-hour treatment and evaluation facility named3
in the order or the person's designee. I
F THE RESPONDENT REFUSES TO4
ACCEPT A COPY OF THE PETITION AND THE ORDER FOR EVALUATION , SUCH5
REFUSAL MUST BE DOCUMENTED IN THE PETITION AND THE ORDER FOR6
EVALUATION.7
(5)  If the seventy-two-hour treatment and evaluation facility
8
admits the person, it WHEN A PERSON IS TRANSPORTED TO AN EMERGENCY9
MEDICAL SERVICES FACILITY OR A FACILITY DESIGNATED BY THE10
COMMISSIONER, THE FACILITY may detain the person under an emergency11
mental health hold for evaluation and treatment for a period not to exceed12
seventy-two hours excluding Saturdays, Sundays, and holidays if13
evaluation and treatment services are not available on those days. For the14
purposes of this subsection (4), evaluation and treatment services are not15
deemed to be available merely because a professional person is on call16
during weekends or holidays FROM THE TIME THE EMERGENCY MENTAL17
HEALTH HOLD WAS PLACED OR ORDERED . If, in the opinion of the18
professional person in charge of the evaluation, the person can be19
properly cared for without being detained, the person shall be provided20
services on a voluntary basis. I
F THE PERSON IN CHARGE OF THE21
EVALUATION DETERMINES THE PERSON SHOULD BE RELEASED , THE PERSON22
MAY TERMINATE THE EMERGENCY MENTAL HEALTH HOLD . DURING THE23
EVALUATION, PROFESSIONAL LIABILITY REMAINS WITH THE PERSON IN24
CHARGE OF THE EVALUATION .25
(6)  (a)  Each person admitted to a seventy-two-hour treatment and
26
evaluation facility under the provisions of this article shall DETAINED FOR27
HB22-1256
-80- AN EMERGENCY MENTAL HEALTH HOLD PURSUANT TO THIS SECTION SHALL1
receive an evaluation as soon as possible after the person is admitted2
PRESENTED TO THE FACILITY and shall receive such treatment and care as3
the person's condition requires for the full period that the person is held.4
The person shall be released before seventy-two hours have elapsed if, in5
the opinion of the professional person in charge of the evaluation, the6
person no longer requires evaluation or treatment. Persons who have been7
detained for seventy-two-hour evaluation and treatment shall THE8
EVALUATION MUST STATE WHETHER THE PERSON SHOULD be released,9
referred for further care and treatment on a voluntary basis, or certified10
for 
SHORT-TERM treatment pursuant to section 27-65-109.11
(b)  E
ACH EVALUATION MUST BE COMPLETED USING A12
STANDARDIZED FORM APPROVED BY THE COMMISSIONER AND MAY BE13
COMPLETED BY A PROFESSIONAL PERSON ; A LICENSED ADVANCED14
PRACTICE REGISTERED NURSE WITH TRAINING IN PSYCHIATRIC NURSING ;15
OR A LICENSED PHYSICIAN ASSISTANT , A LICENSED CLINICAL SOCIAL16
WORKER, A LICENSED PROFESSIONAL COUNSELOR , OR A LICENSED17
MARRIAGE AND FAMILY THERAPIST WHO HAS TWO YEARS OF EXPERIENCE18
IN BEHAVIORAL HEALTH SAFETY AND RISK ASSESSMENT WORKING IN A19
HEALTH-CARE SETTING.20
(c)  I
F THE PERSON CONDUCTING AN EVALUATION PURSUANT TO21
SUBSECTION (6)(a) OF THIS SECTION IS NOT A PROFESSIONAL PERSON AND22
THE EVALUATING PERSON RECOMMENDS THE DETAINED PERSON BE23
CERTIFIED FOR SHORT -TERM TREATMENT PURSUANT TO SECTION24
27-65-109,
 THE EVALUATING PERSON SHALL NOTIFY THE FACILITY OF THE25
RECOMMENDATION . A CERTIFICATION MAY ONLY BE INITIATED BY A26
PROFESSIONAL PERSON OR THROUGH A COURT ORDER ISSUED PURSUANT27
HB22-1256
-81- TO SECTION 27-65-108.1
(7) (a)  I
F A PERSON IS EVALUATED AT AN EMERGENCY MEDICAL2
SERVICES FACILITY AND THE EVALUATING PROFESSIONAL DETERMINES3
THAT THE PERSON CONTINUES TO MEET THE CRITERIA FOR AN EMERGENCY4
MENTAL HEALTH HOLD PURSUANT TO SUBSECTION (1) OF THIS SECTION5
AND THE INITIAL EMERGENCY MENTAL HEALTH HOLD IS EXPECTED TO6
EXPIRE BEFORE AN APPROPRIATE PLACEMENT IS LOCATED , THE7
EMERGENCY MEDICAL SERVICES FACILITY SHALL IMMEDIATELY NOTIFY8
THE BEHAVIORAL HEALTH ADMINISTRATION . ONCE NOTIFIED, THE BHA9
SHALL SUPPORT THE EMERGENCY MEDICAL SERVICES FACILITY IN10
LOCATING AN APPROPRIATE PLACEMENT OPTION ON AN INPATIENT OR11
OUTPATIENT BASIS, WHICHEVER IS CLINICALLY APPROPRIATE .12
(b)  I
F AN APPROPRIATE PLACEMENT OPTION CANNOT BE LOCATED13
PURSUANT TO SUBSECTION (7)(a) OF THIS SECTION AND THE PERSON14
CONTINUES TO MEET THE CRITERIA FOR AN EMERGENCY MENTAL HEALTH15
HOLD PURSUANT TO SUBSECTION (1) OF THIS SECTION, THE EMERGENCY16
MEDICAL SERVICES FACILITY MAY PLACE THE PERSON UNDER A SECOND17
EMERGENCY MENTAL HEALTH HOLD AND THE FACILITY SHALL18
IMMEDIATELY NOTIFY THE BHA, THE PERSON'S LAY PERSON, AND THE19
COURT, AND THE COURT SHALL IMMEDIATELY APPOINT AN ATTORNEY TO20
REPRESENT THE PERSON . IF THE PERSON HAS BEEN RECENTLY21
TRANSFERRED FROM AN EMERGENCY MEDICAL SERVICES FACILITY TO A22
FACILITY DESIGNATED BY THE COMMISSIONER AND THE DESIGNATED23
FACILITY IS ABLE TO DEMONSTRATE THAT THE FACILITY IS UNABLE TO24
COMPLETE THE EVALUATION BEFORE THE INITIAL EMERGENCY MENTAL25
HEALTH HOLD IS SET TO EXPIRE, THE DESIGNATED FACILITY MAY PLACE26
THE PERSON UNDER A SECOND EMERGENCY MENTAL HEALTH HOLD AND27
HB22-1256
-82- SHALL IMMEDIATELY NOTIFY THE BHA AND LAY PERSON.1
(c)  T
HE BHA SHALL MAINTAIN DATA ON THE CHARACTERISTICS OF2
EACH PERSON PLACED ON A SECOND EMERGENCY MENTAL HEALTH HOLD3
PURSUANT TO SUBSECTION (7)(b) OF THIS SECTION. THE BHA MAY4
CONTRACT WITH ENTITIES COORDINATING CARE OR WITH PROVIDERS5
SERVING WITHIN THE SAFETY NET SYSTEM DEVELOPED PURSUANT TO6
SECTION 27-63-105 TO MEET THE REQUIREMENTS OF THIS SUBSECTION (7).7
(8) (a)  T
HE FACILITY SHALL PROVIDE EACH PERSON DETAINED OR8
EVALUATED FOR AN EMERGENCY MENTAL HEALTH HOLD A DISCHARGE9
SUMMARY AND COPY OF THE COMPLETED EVALUATION . THE DISCHARGE10
SUMMARY MUST BE COMPLETED FOR EVERY PERSON , REGARDLESS OF THE11
PERSON'S DISCHARGE STATUS, BEFORE THE PERSON IS RELEASED AND MUST12
BE SIGNED BY THE DETAINED PERSON OR THE PERSON 'S PARENT OR LEGAL13
GUARDIAN, IF APPLICABLE; THE EVALUATING PERSON, WHEN POSSIBLE;14
AND THE CLINICAL SUPERVISOR OR PROGRAM DIRECTOR . IF THE DETAINED15
PERSON REFUSES TO SIGN THE DISCHARGE SUMMARY , THE REFUSAL MUST16
BE DOCUMENTED IN THE PERSON'S MEDICAL RECORD. AT A MINIMUM, THE17
DISCHARGE SUMMARY MUST INCLUDE :18
(I)  A
 CONTINUING CARE PLAN , WHICH AT A MINIMUM MUST19
INCLUDE:20
(A)  A
 CLINICALLY APPROPRIATE SUPPLY OF MEDICATIONS FOR THE21
PERSON UNTIL THE PERSON CAN ACCESS ANOTHER PROVIDER OR22
FOLLOW-UP APPOINTMENT;23
(B)  A
 SAFETY PLAN FOR THE PERSON AND , IF APPLICABLE, THE24
PERSON'S LAY PERSON;25
(C)  N
OTIFICATION TO THE PERSON'S PRIMARY CARE PROVIDER, IF26
APPLICABLE;27
HB22-1256
-83- (D)  A REFERRAL TO APPROPRIATE SERVICES IN THE COMMUNITY IF1
THE PERSON IS DISCHARGED WITHOUT FOOD , HOUSING, OR ECONOMIC2
SECURITY;3
(E)  T
HE PHONE NUMBER TO CALL OR TEXT THE COLORADO CRISIS4
SERVICES HOTLINE AND INFORMATION ON THE AVAILABILITY OF PEER5
SUPPORT SERVICES; AND 6
(F)  I
NFORMATION ON HOW TO ESTABLISH A PSYCHIATRIC ADVANCE7
DIRECTIVE IF ONE IS NOT PRESENTED;8
(II)  M
EDICATIONS THAT WERE CHANGED DURING THE EMERGENCY9
MENTAL HEALTH HOLD, INCLUDING ANY MEDICATIONS THAT THE PERSON10
WAS TAKING OR THAT WERE PREVIOUSLY PRESCRIBED UPON ADMISSION ,11
AND WHICH MEDICATIONS, IF ANY, WERE CHANGED OR DISCONTINUED AT12
THE TIME OF DISCHARGE;13
(III)  A
 LIST OF ANY SCREENING OR DIAGNOSTIC TESTS CONDUCTED14
DURING THE EMERGENCY MENTAL HEALTH HOLD ;15
(IV)  A
 SUMMARY OF THERAPEUTIC TREATMENTS PROVIDED16
DURING THE EMERGENCY MENTAL HEALTH HOLD ;17
(V)  A
NY LABORATORY WORK , INCLUDING BLOOD SAMPLES OR18
IMAGING THAT WAS COMPLETED OR ATTEMPTED ;19
(VI)  T
HE PERSON'S VITAL SIGNS UPON DISCHARGE FROM THE20
EMERGENCY MENTAL HEALTH HOLD ;21
(VII)  A
 COPY OF ANY PSYCHIATRIC ADVANCE DIRECTIVE22
PRESENTED TO THE FACILITY, IF APPLICABLE; AND23
(VIII)  H
OW TO CONTACT THE DISCHARGING FACILITY IF NEEDED .24
(b)  T
HE FACILITY SHALL DOCUMENT IN THE PERSON 'S MEDICAL25
RECORD WHETHER THE PERSON ACCEPTED THE DISCHARGE SUMMARY . THE26
FACILITY SHALL PROVIDE THE DISCHARGE SUMMARY TO THE PERSON 'S27
HB22-1256
-84- PARENT OR LEGAL GUARDIAN IF THE PERSON IS UNDER EIGHTEEN YEARS OF1
AGE, AND TO THE PERSON'S LAY PERSON, WHEN POSSIBLE.2
(c)  U
PON DISCHARGE, THE FACILITY SHALL DISCUSS WITH THE3
PERSON, THE PERSON'S PARENT OR LEGAL GUARDIAN , OR THE PERSON'S4
LAY PERSON THE STATEWIDE CARE COORDINATION INFRASTRUCTURE5
ESTABLISHED IN SECTION 27-60-204 TO FACILITATE A FOLLOW -UP6
APPOINTMENT FOR THE PERSON WITHIN SEVEN CALENDAR DAYS AFTER THE7
DISCHARGE.8
(d)  T
HE FACILITY SHALL, AT A MINIMUM, ATTEMPT TO FOLLOW UP9
WITH THE PERSON, THE PERSON'S PARENT OR LEGAL GUARDIAN , OR THE10
PERSON'S LAY PERSON AT LEAST FORTY-EIGHT HOURS AFTER DISCHARGE.11
T
HE FACILITY IS ENCOURAGED TO UTILIZE PEER SUPPORT PROFESSIONALS ,12
AS DEFINED IN SECTION 27-60-108 (2)(b), WHEN PERFORMING FOLLOW -UP13
CARE WITH INDIVIDUALS AND IN DEVELOPING A CONTINUING CARE PLAN14
PURSUANT TO SUBSECTION (8)(a)(I) OF THIS SECTION. THE FACILITY MAY15
FACILITATE FOLLOW -UP CARE THROUGH CONTRACTS WITH16
COMMUNITY-BASED BEHAVIORAL HEALTH PROVIDERS OR THE COLORADO17
BEHAVIORAL HEALTH CRISIS HOTLINE .18
(e)  T
HE FACILITY SHALL ENCOURAGE THE PERSON TO DESIGNATE19
A FAMILY MEMBER, FRIEND, OR OTHER PERSON AS A LAY PERSON TO20
PARTICIPATE IN THE PERSON'S DISCHARGE PLANNING AND SHALL NOTIFY21
THE PERSON THAT THE PERSON IS ABLE TO RESCIND THE AUTHORIZATION22
OF A LAY PERSON AT ANY TIME. IF THE PERSON DESIGNATES A LAY PERSON23
AND HAS PROVIDED NECESSARY AUTHORIZATION , THE FACILITY SHALL24
ATTEMPT TO INVOLVE THE LAY PERSON IN THE PERSON 'S DISCHARGE25
PLANNING. THE FACILITY SHALL NOTIFY THE LAY PERSON THAT THE26
PERSON IS BEING DISCHARGED OR TRANSFERRED .27
HB22-1256
-85- (9)  (a)  On or before July 1, 2019 JULY 1, 2023, and each July 11
thereafter, each emergency medical services facility that has treated2
EVALUATED a person pursuant to this section shall provide an annual3
report to the department BEHAVIORAL HEALTH ADMINISTRATION that4
includes only aggregate and nonidentifying information concerning5
persons who were treated at an emergency medical services facility6
pursuant to this section. The report must comply with section 24-1-1367
(9) and is exempt from section 24-1-136 (11)(a)(I). The report must8
contain the following:9
(I)  The names and counties of the facilities;10
(II)  The total number of persons treated pursuant to this section,11
including a summary of demographic information;12
(III)  A summary regarding the different reasons for which persons13
were treated pursuant to this section; and14
(IV)  A summary of the disposition of persons transferred to a15
designated facility.16
(b) (I)  Any information aggregated and provided to the17
department BEHAVIORAL HEALTH ADMINISTRATION pursuant to this18
subsection (9) is privileged and confidential. Such information must not19
be made available to the public except in an aggregate format that cannot20
be used to identify an individual facility. The information is not subject21
to civil subpoena and is not discoverable or admissible in any civil,22
criminal, or administrative proceeding against an emergency medical23
services facility or health-care professional. The information must be used24
only to assess statewide behavioral health services needs and to plan for25
sufficient levels of statewide behavioral health services. In the collection26
of data to accomplish COLLECTING THE DATA PURSUANT TO the27
HB22-1256
-86- requirements of this subsection (9), the department BEHAVIORAL HEALTH1
ADMINISTRATION shall protect the confidentiality of patient records, in2
accordance with state and federal laws, and shall not disclose any public3
identifying or proprietary information of any hospital, hospital4
administrator, health-care professional, or employee of a health-care5
facility.6
(II)  Subsection (9)(b)(I) of this section does not apply to7
information that is otherwise available from a source outside of the data8
collection activities required pursuant to subsection (7)(a) SUBSECTION9
(9)(a) of this section.10
(10) (a)  A
 PERSON DETAINED FOR AN EMERGENCY MENTAL HEALTH11
HOLD PURSUANT TO THIS SECTION HAS THE FOLLOWING RIGHTS :12
(I)  T
O BE TOLD VERBALLY AND IN WRITING THE REASON FOR THE13
PERSON'S DETAINMENT AND THE LIMITATIONS OF THE PERSON 'S14
DETAINMENT, INCLUDING A DESCRIPTION OF THE PERSON 'S RIGHT TO15
REFUSE MEDICATION AND THAT THE DETAINMENT DOES NOT MEAN ALL16
TREATMENT DURING DETAINMENT IS MANDATORY ;17
(II)  T
O REQUEST A CHANGE TO VOLUNTARY STATUS ;18
(III)  T
O BE TREATED FAIRLY, WITH RESPECT AND RECOGNITION OF19
THE PERSON'S DIGNITY AND INDIVIDUALITY, BY ALL EMPLOYEES OF THE20
FACILITY WITH WHOM THE PERSON COMES IN CONTACT ;21
(IV)  T
O NOT BE DISCRIMINATED AGAINST ON THE BASIS OF AGE ,22
RACE, ETHNICITY, RELIGION, CULTURE, SPOKEN LANGUAGE, PHYSICAL OR23
MENTAL DISABILITY, SOCIOECONOMIC STATUS, SEX, SEXUAL ORIENTATION,24
GENDER IDENTITY, OR GENDER EXPRESSION;25
(V)  T
O RETAIN AND CONSULT WITH AN ATTORNEY AT ANY TIME ;26
(VI)  T
O CONTINUE THE PRACTICE OF RELIGION;27
HB22-1256
-87- (VII)  WITHIN TWENTY-FOUR HOURS AFTER THE PERSON 'S1
REQUEST, TO SEE AND RECEIVE THE SERVICES OF A PATIENT2
REPRESENTATIVE WHO HAS NO DIRECT OR INDIRECT CLINICAL	,3
ADMINISTRATIVE, OR FINANCIAL RESPONSIBILITY FOR THE PERSON;4
(VIII)  T
O HAVE REASONABLE ACCESS TO TELEPHONES OR OTHER5
COMMUNICATION DEVICES AND TO MAKE AND TO RECEIVE CALLS OR6
COMMUNICATIONS IN PRIVATE. FACILITY STAFF SHALL NOT OPEN, DELAY,7
INTERCEPT, READ, OR CENSOR MAIL OR OTHER COMMUNICATIONS OR USE8
MAIL OR OTHER COMMUNICATIONS AS A METHOD TO ENFORCE9
COMPLIANCE WITH FACILITY STAFF.10
(IX)  T
O WEAR THE PERSON'S OWN CLOTHES, KEEP AND USE THE11
PERSON'S OWN PERSONAL POSSESSIONS , INCLUDING THE PERSON'S CELL12
PHONE, AND KEEP AND BE ALLOWED TO SPEND A REASONABLE SUM OF THE13
PERSON'S OWN MONEY;14
(X)  T
O HAVE THE PERSON 'S INFORMATION AND RECORDS15
DISCLOSED TO FAMILY MEMBERS AND A LAY PERSON PURSUANT TO16
SECTION 27-65-123;17
(XI)  T
O HAVE THE PERSON 'S TREATMENT RECORDS REMAIN18
CONFIDENTIAL, EXCEPT AS REQUIRED BY LAW;19
(XII)  
 TO NOT BE FINGERPRINTED, UNLESS REQUIRED BY LAW;20
(XIII)  T
O NOT BE PHOTOGRAPHED, EXCEPT UPON ADMISSION FOR21
IDENTIFICATION AND ADMINISTRATIVE PURPOSES . ANY PHOTOGRAPHS22
MUST BE CONFIDENTIAL AND MUST NOT BE RELEASED BY THE FACILITY23
EXCEPT PURSUANT TO A COURT ORDER. NONMEDICAL PHOTOGRAPHS MUST24
NOT BE TAKEN OR USED WITHOUT APPROPRIATE CONSENT OR25
AUTHORIZATION.26
(XIV)  T
O HAVE APPROPRIATE ACCESS TO ADEQUATE WATER ,27
HB22-1256
-88- HYGIENE PRODUCTS, AND FOOD AND TO HAVE THE PERSON'S NUTRITIONAL1
NEEDS MET IN A MANNER THAT IS CONSISTENT WITH RECOGNIZED DIETARY2
PRACTICES;3
(XV)  T
O HAVE PERSONAL PRIVACY TO THE EXTENT POSSIBLE4
DURING THE COURSE OF TREATMENT ; AND5
(XVI)  T
O HAVE THE ABILITY TO MEET WITH VISITORS IN6
ACCORDANCE WITH THE FACILITY 'S CURRENT VISITOR GUIDELINES.7
(b)  A
 PERSON'S RIGHTS UNDER THIS SUBSECTION (10) MAY ONLY8
BE DENIED IF ACCESS TO THE ITEM , PROGRAM, OR SERVICE WOULD9
ENDANGER THE SAFETY OF THE PERSON OR ANOTHER PERSON IN CLOSE10
PROXIMITY AND MAY ONLY BE DENIED BY A PERSON I NVOLVED IN THE11
PERSON'S CARE. DENIAL OF ANY RIGHT MUST BE ENTERED INTO THE12
PERSON'S TREATMENT RECORD AND MUST BE MADE AVAILABLE , UPON13
REQUEST, TO THE PERSON, THE PERSON'S LEGAL GUARDIAN, OR THE14
PERSON'S ATTORNEY.15
(c)  A
 FACILITY SHALL NOT INTENTIONALLY RETALIATE OR16
DISCRIMINATE AGAINST A DETAINED PERSON OR EMPLOYEE FOR17
CONTACTING OR PROVIDING INFORMATION TO ANY OFFICIAL OR TO AN18
EMPLOYEE OF ANY STATE PROTECTION AND ADVOCACY AGENCY OR FOR19
INITIATING, PARTICIPATING IN, OR TESTIFYING IN A GRIEVANCE PROCEDURE20
OR IN AN ACTION FOR ANY REMEDY AUTHORIZED PURSUANT TO THIS21
SECTION. ANY FACILITY THAT VIOLATES THIS SUBSECTION (10) COMMITS22
AN UNCLASSIFIED MISDEMEANOR AND SHALL BE FINED NOT MORE THAN23
ONE THOUSAND DOLLARS .24
(d)  A
NY PERSON WHOSE RIGHTS ARE DENIED OR VIOLATED25
PURSUANT TO THIS SECTION HAS A PRIVATE RIGHT OF ACTION AGAINST THE26
FACILITY THAT DENIED OR VIOLATED THE RIGHTS IN QUESTION, INCLUDING27
HB22-1256
-89- THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE . THE PERSON1
MAY RECOVER ANY ACTUAL AND EX EMPLARY DAMAGES OF NOT LESS2
THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION AND ANY COSTS AND3
REASONABLE ATTORNEY FEES INCURRED BY THE PERSON .4
SECTION 3. In Colorado Revised Statutes, 27-65-109, amend5
as added by House Bill 22-____ (1), (2), (3), (4), (6), (7), (8), and (10)6
as follows:7
27-65-109.  Certification for short-term treatment - procedure.8
(1)  If A person detained pursuant to section 27-65-106 has received an9
evaluation, the person may be certified for not more than three months for10
short-term treatment under the following conditions:11
(a) (I)  The professional staff of the agency or facility providing12
seventy-two-hour treatment and evaluation has analyzed the person's13
condition DETAINING THE PERSON ON AN EMERGENCY MENTAL HEALTH14
HOLD HAS EVALUATED THE PERSON and has found the person has a mental15
health disorder and, as a result of the mental health disorder, is a danger16
to others or to the person's self or others or is gravely disabled; OR17
(II)  T
HE COURT CERTIFIED THE PERSON FOR SHORT -TERM18
TREATMENT PURSUANT TO SECTION 27-65-108;19
(b)  The person has been advised of the availability of, but has not20
accepted, voluntary treatment; but, if reasonable grounds exist to believe21
that the person will not remain in a voluntary treatment program, the22
person's acceptance of voluntary treatment does not preclude certification;23
and
24
(c)  The facility 
OR COMMUNITY PROVIDER that will provide25
short-term treatment has been designated or approved by the executive
26
director BY THE COMMISSIONER to provide such treatment; AND27
HB22-1256
-90- (d)  THE PERSON, THE PERSON'S LEGAL GUARDIAN, AND THE1
PERSON'S LAY PERSON, IF APPLICABLE, HAVE BEEN ADVISED OF THE2
PERSON'S RIGHT TO AN ATTORNEY AND TO CONTEST THE CERTIFICATION3
FOR SHORT-TERM TREATMENT.4
(2)  The notice of certification must be signed by a professional5
person on the staff of the evaluation facility who participated in the6
evaluation and OR THE JUDGE OR MAGISTRATE WHO CERTIFIED THE7
RESPONDENT FOR SHORT -TERM TREATMENT PURSUANT TO SECTION8
27-65-108.
 THE NOTICE OF CERTIFICATION must:9
(a)  State facts sufficient to establish reasonable grounds to believe10
that the person
 RESPONDENT has a mental health disorder and, as a result11
of the mental health disorder, is a danger to others or to the person's self12
THE RESPONDENT'S SELF OR OTHERS or is gravely disabled;13
(b)  Be filed with the court within forty-eight hours excluding14
Saturdays, Sundays, and court holidays, of AFTER the date of certification;15
and16
(c)  Be filed with the court in the county in which the respondent17
resided or was physically present immediately prior to being taken into18
custody; 
AND19
(d)  P
ROVIDE RECOMMENDATIONS IF THE CERTIFICATION SHOULD20
TAKE PLACE ON AN INPATIENT OR OUTPATIENT BASIS .21
(3)  Within twenty-four hours after certification, copies of the22
certification must be personally delivered to the respondent, 
THE23
BEHAVIORAL HEALTH ADMINISTRATION , and a copy must be kept by the24
evaluation
 EVALUATING facility as part of the respondent's record, IF25
APPLICABLE. The FACILITY OR COURT SHALL ASK THE respondent must26
also be asked to designate one other person A LAY PERSON whom the27
HB22-1256
-91- respondent wishes TO BE informed regarding certification. If the1
respondent is incapable of making such a designation at the time the2
certification is delivered, he or she THE RESPONDENT must be asked to3
designate such A LAY person as soon as the respondent is capable. In4
addition to the copy of the certification, the respondent must be given a5
written notice that a hearing upon the respondent's certification for6
short-term treatment may be had before the court or a jury upon written7
request directed to the court pursuant to subsection (6) of this section.8
(4)  Upon certification of the respondent, the facility designated for9
short-term treatment has BEHAVIORAL HEALTH ADMINISTRATION HAS10
custody of the respondent. T
HE BHA MAY DELEGATE PHYSICAL CUSTODY11
OF THE RESPONDENT TO A FACILITY DESIGNATED BY THE COMMISSIONER12
AND THE REQUIREMENT FOR THE PROVISION OF SERVICES AND CARE13
COORDINATION.14
(6)  The respondent for short-term treatment
 or the respondent's15
attorney may at any time file a written request that the certification for16
short-term treatment or the treatment be reviewed by the court or that the17
treatment be on an outpatient basis. If review is requested, the court shall18
hear the matter within ten days after the request, and the court shall give19
notice to the respondent and the respondent's attorney and the certifying20
and treating professional person BEHAVIORAL HEALTH ADMINISTRATION21
of the time and place thereof OF THE HEARING. The hearing must be held22
in accordance with section 27-65-113. At the conclusion of the hearing,23
the court may enter or confirm the certification for short-term treatment,24
discharge the respondent, or enter any other appropriate order. subject to25
available appropriations.26
(7)  Records and papers in proceedings under PURSUANT TO this27
HB22-1256
-92- section must be maintained separately by the clerks of the several courts.1
Upon the release of any respondent in accordance with section 27-65-112,2
the facility shall notify the clerk of the court within five days after the3
release, and the clerk shall forthwith IMMEDIATELY seal the record in the4
case and omit the name of the respondent from the index of cases in the5
court until and unless the respondent becomes subject to an order of6
CERTIFICATION FOR long-term care and treatment pursuant to section7
27-65-110 or until and unless the court orders them
 THE RECORDS opened8
for good cause shown. In the event a petition is filed pursuant to section9
27-65-110, the certification record may be opened and become a part of10
the record in the long-term care and treatment case and the name of the11
respondent indexed.12
(8)  Whenever it appears to the court, by reason of a report by the13
treating professional person 
OR THE BEHAVIORAL HEALTH14
ADMINISTRATION or any other report satisfactory to the court, that a15
respondent detained for evaluation and treatment or certified for16
SHORT-TERM treatment should be transferred to another facility for17
treatment and the safety of the respondent or the public requires that the18
respondent be transported by a secure transportation provider or a sheriff
19
A CERTIFIED PEACE OFFICER, the court may issue an order directing the20
sheriff or the sheriff's A CERTIFIED PEACE OFFICER, THE CERTIFIED PEACE21
OFFICER'S designee, OR SECURE TRANSPORTATION PROVIDER to deliver the22
respondent to the designated facility.23
(10)  If the professional person in charge of the evaluation and24
treatment believes that a period longer than three months is necessary for25
treatment of TO TREAT the respondent, the professional person shall file26
with the court an extended certification 
AT LEAST THIRTY DAYS PRIOR TO27
HB22-1256
-93- THE EXPIRATION DATE OF THE ORIGINAL CERTIFICATION . An extended1
certification for treatment is MUST NOT BE for a period of more than three2
months. The respondent is entitled to a hearing on the extended3
certification under the same conditions as an original certification. The4
attorney initially representing the respondent shall continue to represent5
the respondent, unless the court appoints another attorney.6
SECTION 4. In Colorado Revised Statutes, amend as added by7
House Bill 22-____ 27-65-112 as follows:8
27-65-112.  Termination of certification for short-term and9
long-term treatment. (1)  An original or extended certification for10
short-term treatment 
ISSUED PURSUANT TO SECTION 27-65-109, or an order11
OR EXTENSION FOR CERTIFICATION for long-term care and treatment or any
12
extension thereof PURSUANT TO SECTION 27-65-110 terminates as soon as13
in the opinion of the professional person in charge of treatment of the14
respondent 
AND THE BEHAVIORAL HEALTH ADMINISTRATION DETERMINE15
the respondent has received sufficient benefit from such
 THE treatment for16
the respondent to leave END VOLUNTARY TREATMENT . Whenever a17
certification or extended certification is terminated pursuant to this18
section, the professional person in charge of providing treatment shall so19
notify the court in writing within five days after 
THE termination. The
20
professional person may also prescribe day care, night care, or any other21
similar mode of treatment prior to termination.22
(2)  Before termination, an escaped A respondent WHO LEAVES A23
FACILITY may be returned to the facility by order of the court without a24
hearing or by the superintendent or director of the facility without order25
of A court ORDER. After termination, a respondent may be returned to the26
facility only in accordance with this article 65.27
HB22-1256
-94- SECTION 5. In Colorado Revised Statutes, amend as added by1
House Bill 22-____ 27-65-119 as follows:2
27-65-119. [Formerly 27-65-117] Rights of respondents3
certified for short-term treatment or long-term care and treatment.4
(1)  Each person receiving evaluation, care or treatment pursuant to any5
provision of this article RESPONDENT CERTIFIED FOR SHORT -TERM6
TREATMENT OR LONG -TERM CARE AND TREATMENT ON AN INPATIENT7
BASIS PURSUANT TO SECTIONS 27-65-108, 27-65-109, AND 27-65-110 has8
the following rights and shall be advised of such rights by the facility:9
(a)  T
O BE TREATED FAIRLY, WITH RESPECT AND RECOGNITION OF10
THE RESPONDENT'S DIGNITY AND INDIVIDUALITY, BY ALL EMPLOYEES OF11
THE FACILITY WITH WHOM THE RESPONDENT COMES IN CONTACT ;12
(b)  T
O NOT BE DISCRIMINATED AGAINST ON THE BASIS OF AGE ,13
RACE, ETHNICITY, RELIGION, CULTURE, SPOKEN LANGUAGE, PHYSICAL OR14
MENTAL DISABILITY, SOCIOECONOMIC STATUS, SEX, SEXUAL ORIENTATION,15
GENDER IDENTITY, OR GENDER EXPRESSION;16
(c)  T
O RETAIN AND CONSULT WITH AN ATTORNEY AT ANY TIME ;17
(d)  T
O MEET WITH OR CALL A PERSONAL CLINICIAN , SPIRITUAL18
ADVISOR, COUNSELOR, CRISIS HOTLINE, FAMILY MEMBER, WORKPLACE,19
CHILD CARE PROVIDER, OR SCHOOL AT ALL REASONABLE TIMES ;20
(e)  T
O CONTINUE THE PRACTICE OF RELIGION;21
(f)  W
ITHIN TWENTY-FOUR HOURS AFTER THE RESPONDENT 'S22
REQUEST, TO SEE AND RECEIVE THE SERVICES OF A PATIENT23
REPRESENTATIVE WHO HAS NO DIRECT OR INDIRECT CLINICAL	,24
ADMINISTRATIVE, OR FINANCIAL RESPONSIBILITY FOR THE PERSON;25
(a)
 (g)  To receive and send sealed correspondence, No incoming26
or outgoing correspondence shall be opened, delayed, held, or censored27
HB22-1256
-95- by the personnel of the facility AS WELL AS TO BE GIVEN THE ASSISTANCE1
OF FACILITY STAFF IF THE RESPONDENT IS UNABLE TO WRITE, PREPARE, OR2
MAIL CORRESPONDENCE . FACILITY STAFF SHALL NOT OPEN , DELAY,3
INTERCEPT, READ, OR CENSOR MAIL OR OTHER COMMUNICATIONS OR USE4
MAIL OR OTHER COMMUNICATIONS AS A METHOD TO ENFORCE5
COMPLIANCE WITH FACILITY STAFF;6
(h)  T
O HAVE THE RESPONDENT'S BEHAVIORAL HEALTH ORDERS FOR7
SCOPE OF TREATMENT OR PSYCHIATRIC ADVANCE DIRECTIVE REVIEWED8
AND CONSIDERED BY THE COURT AS THE PREFERRED TREATMENT OPTION9
FOR INVOLUNTARY ADMINISTRATION OF MEDICATIONS UNLESS , BY CLEAR10
AND CONVINCING EVIDENCE , THE RESPONDENT'S DIRECTIVE DOES NOT11
QUALIFY AS EFFECTIVE PARTICIPATION IN BEHAVIORAL HEALTH12
DECISION-MAKING;13
(i)  T
O HAVE REASONABLE ACCESS TO TELEPHONES OR OTHER14
COMMUNICATION DEVICES AND TO MAKE AND RECEIVE CALLS OR15
COMMUNICATIONS IN PRIVATE ;16
(d)
 (j)  To have frequent and convenient opportunities to meet with17
visitors; Each person may18
(k) T
O see the person's
 THE RESPONDENT'S attorney, clergyperson,19
or physician at any time;20
(e) (l)  To wear the person's THE RESPONDENT'S own clothes, keep21
and use his or her THE RESPONDENT'S own personal possessions,22
INCLUDING THE PERSON'S CELL PHONE, and keep and be allowed to spend23
a reasonable sum of the person's THE RESPONDENT'S own money;24
(m)  T
O HAVE THE RESPONDENT 'S INFORMATION AND RECORDS25
DISCLOSED TO FAMILY MEMBERS AND A LAY PERSON PURSUANT TO26
SECTION 27-65-123;27
HB22-1256
-96- (n)  TO HAVE THE RESPONDENT'S TREATMENT RECORDS REMAIN1
CONFIDENTIAL, EXCEPT AS REQUIRED BY LAW;2
(o)  T
O HAVE APPROPRIATE ACCESS TO ADE QUATE WATER	, HYGIENE3
PRODUCTS, AND FOOD AND TO HAVE THE RESPONDENT 'S NUTRITIONAL4
NEEDS MET IN A MANNER THAT IS CONSISTENT WITH RECOGNIZED DIETARY5
PRACTICES;6
(p)  T
O HAVE PERSONAL PRIVACY TO THE EXTENT POSSIBLE DURING7
THE COURSE OF TREATMENT; AND8
(q)  T
O HAVE ACCESS TO A REPRESENTATIVE WITHIN THE FACILITY9
WHO PROVIDES ASSISTANCE TO FILE A GRIEVANCE .10
(2)  A person's
 RESPONDENT'S rights under subsection (1) of this11
section may be denied for good cause only by the professional person12
providing treatment IF ACCESS TO THE ITEM, PROGRAM, OR SERVICE13
WOULD ENDANGER THE SAFETY OF THE RESPONDENT OR ANOTHER PERSON14
IN CLOSE PROXIMITY AND MAY ONLY BE DENIED BY A PERSON INVOLVED15
IN THE RESPONDENT'S CARE. Denial of any right must in all cases MUST be16
entered into the person's RESPONDENT'S treatment record. Information17
pertaining to a denial of rights contained in the person's RESPONDENT'S18
treatment record must be made available, upon request, to the person19
RESPONDENT, THE RESPONDENT'S LEGAL GUARDIAN, or the person's THE20
RESPONDENT'S attorney.21
(3)  No person A RESPONDENT admitted to or in a facility shall22
MUST NOT be fingerprinted unless required by other provisions of law. 23
(4)  A person RESPONDENT may be photographed upon admission24
for identification and the administrative purposes of the facility. The25
photographs are confidential and must not be released by the facility26
except pursuant to court order. No other Nonmedical photographs may27
HB22-1256
-97- SHALL NOT be taken or used without appropriate consent or authorization.1
(5)  Any person RESPONDENT receiving evaluation or treatment2
under any of the provisions of this article 65 is entitled to a written copy3
AND VERBAL DESCRIPTION IN A LANGUAGE OR MODALITY ACCESSIBLE TO4
THE PERSON of all the person's
 rights enumerated in this section, and a5
minor child shall MUST receive written notice of the minor's rights as6
provided in section 27-65-104 (6)(g). A list of the rights must be7
prominently posted in all evaluation and treatment facilities 
IN THE8
PREDOMINANT LANGUAGES OF THE COMMUNITY AND EXPLAINED IN A9
LANGUAGE OR MODALITY ACCESSIBLE TO THE RESP ONDENT	. THE FACILITY10
SHALL ASSIST THE RESPONDENT IN EXERCISING THE RIGHTS ENUMERATED11
IN THIS SECTION.12
(6)  A
 FACILITY SHALL NOT INTENTIONALLY RETALIATE OR13
DISCRIMINATE AGAINST A PERSON OR EMPLOYEE FOR CONTACTING OR14
PROVIDING INFORMATION TO ANY OFFICIAL OR TO AN EMPLOYEE OF ANY15
STATE PROTECTION AND ADVOCACY AGENCY	, OR FOR INITIATING,16
PARTICIPATING IN, OR TESTIFYING IN A GRIEVANCE PROCEDURE OR IN AN17
ACTION FOR ANY REMEDY AUTHORIZED PURSUANT TO THIS SECTION . ANY18
FACILITY THAT VIOLATES THIS SUBSECTION (6) COMMITS AN UNCLASSIFIED19
MISDEMEANOR AND SHALL BE FINED NOT MORE THAN ONE THOUSAND20
DOLLARS.21
(7)  A
NY RESPONDENT WHOSE RIGHTS ARE DENIED OR VIOLATED22
PURSUANT TO THIS SECTION HAS A PRIVATE RIGHT OF ACTION AGAINST THE23
FACILITY THAT DENIED OR VIOLATED THE RIGHTS IN QUESTION , INCLUDING24
THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE . THE25
RESPONDENT MAY RECOVER ANY ACTUAL AND EXEMPLARY DAMAGES OF26
NOT LESS THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION AND ANY27
HB22-1256
-98- COSTS AND REASONABLE ATTORNEY FEES INCURRED .1
SECTION 6. In Colorado Revised Statutes, 7-60-132, amend2
(1)(a) as follows:3
7-60-132.  Dissolution by decree of court. (1)  On application by4
or for a partner, the court shall decree a dissolution if:5
(a)  A partner has been determined by the court to be mentally6
incompetent to such a degree that the partner is incapable of performing7
the partner's part of the partnership contract or a court of competent8
jurisdiction has made such a finding pursuant to part 3 or part 4 of article9
14 of title 15 or section 27-65-109 (4) SECTION 27-65-110 (4) or10
27-65-127; C.R.S.;11
SECTION 7. In Colorado Revised Statutes, 12-215-115, amend12
(7) as follows:13
12-215-115.  Discipline of licensees - suspension, revocation,14
denial, and probation - grounds - definitions. (7)  In the event any15
person holding a license to practice chiropractic in this state is determined16
to be mentally incompetent or insane by a court of competent jurisdiction17
and a court enters, pursuant to part 3 or 4 of article 14 of title 15 or18
section 27-65-109 (4) SECTION 27-65-110 (4) or 27-65-127, an order19
specifically finding that the mental incompetency or insanity is of such a20
degree that the person holding a license is incapable of continuing to21
practice chiropractic, his or her THE PERSON'S license shall automatically22
be suspended by the board, and, anything in this article 215 to the23
contrary notwithstanding, the suspension shall MUST continue until the24
licensee is found by the court to be competent to practice chiropractic. 25
SECTION 8. In Colorado Revised Statutes, 12-240-125, amend26
(7) as follows:27
HB22-1256
-99- 12-240-125.  Disciplinary action by board - rules. (7)  If any1
licensee is determined to be mentally incompetent or insane by a court of2
competent jurisdiction and a court enters, pursuant to part 3 or 4 of article3
14 of title 15 or section 27-65-109 (4) SECTION 27-65-110 (4) or4
27-65-127, an order specifically finding that the mental incompetency or5
insanity is of such a degree that the licensee is incapable of continuing to6
practice medicine, practice as a physician assistant, or practice as an7
anesthesiologist assistant, the board shall automatically suspend his or her8
THE LICENSEE'S license, and, anything in this article 240 to the contrary9
notwithstanding, the suspension must continue until the licensee is found10
by the court to be competent to practice medicine, practice as a physician11
assistant, or practice as an anesthesiologist assistant.12
SECTION 9. In Colorado Revised Statutes, 12-245-203.5,13
amend (1) as follows:14
12-245-203.5.  Minors - consent for outpatient psychotherapy15
services - immunity - definition. (1)  As used in this section, unless the16
context otherwise requires, "mental health professional" includes a17
professional person as defined in section 27-65-102 (17) (27)(a); a mental18
health professional licensed pursuant to part 3, 4, 5, 6, or 8 of this article19
245; a licensed professional counselor candidate; a psychologist20
candidate; or a school social worker licensed by the department of21
education.22
SECTION 10. In Colorado Revised Statutes, 12-245-216, amend23
(2) and (4)(b) as follows:24
12-245-216.  Mandatory disclosure of information to clients.25
(2)  If the client is a child MINOR who is consenting to mental health26
services pursuant to section 27-65-103 SECTION 27-65-104, disclosure27
HB22-1256
-100- shall MUST be made to the child MINOR. If the client is a child MINOR1
whose parent or legal guardian is consenting to mental health services,2
disclosure shall MUST be made to the MINOR'S parent or legal guardian.3
(4)  The disclosure of information required by subsection (1) of4
this section is not required when psychotherapy is being administered in5
any of the following circumstances:6
(b)  Pursuant to a court order or involuntary procedures pursuant7
to sections 27-65-105 to 27-65-109 SECTIONS 27-65-106 TO 27-65-110; 8
SECTION 11. In Colorado Revised Statutes, 12-255-119, amend9
(7) as follows:10
12-255-119.  Disciplinary procedures of the board - inquiry11
and hearings panels - mental and physical examinations - definitions12
- rules. (7)  In case any nurse is determined to be mentally incompetent13
or insane by a court of competent jurisdiction and a court enters, pursuant14
to part 3 or 4 of article 14 of title 15 or section 27-65-109 (4) SECTION15
27-65-110
 (4) or 27-65-127, an order specifically finding that the mental16
incompetency or insanity is of such a degree that the nurse is incapable17
of continuing the practice of nursing, the nurse's license
 BOARD shall18
automatically be suspended by the board SUSPEND THE NURSE'S LICENSE,19
and, notwithstanding any provision of this part 1 to the contrary, the20
suspension shall MUST continue until the nurse is found by the court to be21
competent to continue the practice of nursing.22
SECTION 12. In Colorado Revised Statutes, 12-290-113, amend23
(8) as follows:24
12-290-113.  Disciplinary action by board. (8)  If a person25
holding a license to practice podiatry in this state is determined to be26
mentally incompetent or insane by a court of competent jurisdiction and27
HB22-1256
-101- a court enters, pursuant to part 3 or 4 of article 14 of title 15 or section1
27-65-109 (4) SECTION 27-65-110 (4) or 27-65-127, an order specifically2
finding that the mental incompetency or insanity is of such a degree that3
the person holding a license is incapable of continuing to practice4
podiatry, the license BOARD shall automatically be suspended by the board5
SUSPEND THE LICENSE, and, anything in this article 290 to the contrary6
notwithstanding, the suspension shall MUST continue until the licensee is7
found by the court to be competent to practice podiatry.8
SECTION 13. In Colorado Revised Statutes, 12-315-112, amend9
(1)(v) as follows:10
12-315-112.  Discipline of licensees. (1)  Upon receipt of a signed11
complaint by a complainant or upon its own motion, the board may12
proceed to a hearing in conformity with section 12-315-113. After a13
hearing, and by a concurrence of a majority of members, the board may14
take disciplinary or other action as authorized in section 12-20-40415
against an applicant or a licensed veterinarian for any of the following16
reasons:17
(v)  A determination that the individual is mentally incompetent by18
a court of competent jurisdiction and the court has entered, pursuant to19
part 3 or 4 of article 14 of title 15 or section 27-65-109 (4) SECTION20
27-65-110
 (4) or 27-65-127, an order specifically finding that the mental21
incompetency is of such a degree that the individual is incapable of22
continuing to practice veterinary medicine;23
SECTION 14. In Colorado Revised Statutes, 13-5-142, amend24
(1)(c) and (3)(b)(III) as follows:25
13-5-142.  National instant criminal background check system26
- reporting. (1)  On and after March 20, 2013, the state court27
HB22-1256
-102- administrator shall send electronically the following information to the1
Colorado bureau of investigation created pursuant to section 24-33.5-401,2
referred to in this section as the "bureau":3
(c)  The name of each person with respect to whom the court has4
entered an order for involuntary certification for short-term treatment of5
a mental health disorder pursuant to section 27-65-107 SECTION6
27-65-109, for extended certification for treatment of a mental health7
disorder pursuant to section 27-65-108 SECTION 27-65-109 (10), or for8
long-term care and treatment of a mental health disorder pursuant to9
section 27-65-109 SECTION 27-65-110.10
(3)  The state court administrator shall take all necessary steps to11
cancel a record made by the state court administrator in the national12
instant criminal background check system if:13
(b)  No less than three years before the date of the written request:14
(III)  The record in the case was sealed pursuant to section15
27-65-107 (7) SECTION 27-65-109 (7), or the court entered an order16
discharging the person from certification in the nature of habeas corpus17
pursuant to section 27-65-113 SECTION 27-65-115, if the record in the18
national instant criminal background check system is based on a court19
order for involuntary certification for short-term treatment of a mental20
health disorder.21
SECTION 15. In Colorado Revised Statutes, 13-5-142.5, amend22
(2)(a)(III) as follows:23
13-5-142.5.  National instant criminal background check24
system - judicial process for awarding relief from federal25
prohibitions - legislative declaration. (2)  Eligibility. A person may26
petition for relief pursuant to this section if:27
HB22-1256
-103- (a) (III)  The court has entered an order for the person's involuntary1
certification for short-term treatment of a mental health disorder pursuant2
to section 27-65-107 SECTION 27-65-109, for extended certification for3
treatment of a mental health disorder pursuant to section 27-65-1084
SECTION 27-65-109 (10), or for long-term care and treatment of a mental5
health disorder pursuant to section 27-65-109 SECTION 27-65-110; and6
SECTION 16. In Colorado Revised Statutes, amend 13-5-142.87
as follows:8
13-5-142.8.  Notice by professional persons. Under sections9
13-9-123 (1), 13-9-124 (2), 13-5-142 (1), and 13-5-142.5 (2), an order for10
involuntary certification for short-term treatment of a mental health11
disorder pursuant to section 27-65-107 shall SECTION 27-65-109 MUST12
also include a notice filed by a professional person pursuant to section13
27-65-107 SECTION 27-65-109, and an order for extended certification for14
treatment of mental health disorder pursuant to section 27-65-108 shall15
SECTION 27-65-109 (10) MUST also include a notice filed by a professional16
person pursuant to section 27-65-108 SECTION 27-65-109 (10).17
SECTION 17. In Colorado Revised Statutes, 13-9-123, amend18
(1)(c) and (3)(b)(III) as follows:19
13-9-123.  National instant criminal background check system20
- reporting. (1)  On and after March 20, 2013, the state court21
administrator shall send electronically the following information to the22
Colorado bureau of investigation created pursuant to section 24-33.5-401,23
referred to in this section as the "bureau":24
(c)  The name of each person with respect to whom the court has25
entered an order for involuntary certification for short-term treatment of26
a mental health disorder pursuant to section 27-65-107 SECTION27
HB22-1256
-104- 27-65-109, for extended certification for treatment of a mental health1
disorder pursuant to section 27-65-108 SECTION 27-65-109 (10), or for2
long-term care and treatment of a mental health disorder pursuant to3
section 27-65-109 SECTION 27-65-110.4
(3)  The state court administrator shall take all necessary steps to5
cancel a record made by the state court administrator in the national6
instant criminal background check system if:7
(b)  No less than three years before the date of the written request:8
(III)  The record in the case was sealed pursuant to section9
27-65-107 (7) SECTION 27-65-109 (7), or the court entered an order10
discharging the person from certification in the nature of habeas corpus11
pursuant to section 27-65-113 SECTION 27-65-115, if the record in the12
national instant criminal background check system is based on a court13
order for involuntary certification for short-term treatment of a mental14
health disorder.15
SECTION 18. In Colorado Revised Statutes, 13-9-124, amend16
(2)(a)(III) as follows:17
13-9-124.  National instant criminal background check system18
- judicial process for awarding relief from federal prohibitions -19
legislative declaration. (2)  Eligibility. A person may petition for relief20
pursuant to this section if:21
(a) (III)  The court has entered an order for the person's involuntary22
certification for short-term treatment of a mental health disorder pursuant23
to section 27-65-107 SECTION 27-65-109, for extended certification for24
treatment of a mental health disorder pursuant to section 27-65-10825
SECTION 27-65-109 (10), or for long-term care and treatment of a mental26
health disorder pursuant to section 27-65-109 SECTION 27-65-110; and27
HB22-1256
-105- SECTION 19. In Colorado Revised Statutes, 13-14.5-105,1
amend (8)(a) as follows:2
13-14.5-105.  Hearings on petition - grounds for order issuance.3
(8) (a)  Before issuing an extreme risk protection order, the court shall4
consider whether the respondent meets the standard for a court-ordered5
evaluation for persons with mental health disorders pursuant to section6
27-65-106. If the court determines that the respondent meets the standard,7
then, in addition to issuing an extreme risk protection order, the court8
shall order mental health treatment and evaluation authorized pursuant to9
section 27-65-106 (6) SECTION 27-65-106 (4)(d).10
SECTION 20. In Colorado Revised Statutes, 13-20-401, amend11
(2) as follows:12
13-20-401.  Definitions. As used in this part 4, unless the context13
otherwise requires:14
(2)  "Patient" means the person upon whom a proposed15
electroconvulsive treatment is to be performed; except that nothing in this16
part 4 supersedes the provisions of article 65 of title 27 or any rule17
adopted by the department of human services BEHAVIORAL HEALTH18
ADMINISTRATION pursuant to section 27-65-116 (2) SECTION 27-65-11819
(2) with regard to the care and treatment of any person unable to exercise20
written informed consent or of a person with a mental health disorder.21
SECTION 21. In Colorado Revised Statutes, 15-18.7-201,22
amend (9)(b) as follows:23
15-18.7-201.  Definitions. As used in this part 2, unless the24
context otherwise requires:25
(9)  "Health-care provider" means:26
(b)  A professional person, as defined in section 27-65-102 (17)27
HB22-1256
-106- (27)(a);1
SECTION 22. In Colorado Revised Statutes, 15-18.7-202,2
amend (5), (6), and (7) as follows:3
15-18.7-202.  Behavioral health orders for scope of treatment4
- form contents - effect. (5)  A behavioral health orders form may be5
admissible in a hearing pursuant to section 27-65-111 SECTION 27-65-1136
for the purpose of establishing the adult's behavioral health treatment,7
medication, and alternative treatment history, decisions, and preferences8
to be made on behalf of the adult during an involuntary emergency9
procedure, certification, or commitment authorized pursuant to state law.10
(6)  Nothing in this part 2 means that an adult who has executed a11
behavioral health orders form has waived the right to a hearing before the12
court or jury pursuant to section 27-65-111 SECTION 27-65-113.13
(7)  Nothing in this part 2 means that an adult who has executed a14
behavioral health orders form has consented to a petition for involuntary15
administration of medication authority pursuant to section 27-65-111 (5)16
SECTION 27-65-113 (5).17
SECTION 23. In Colorado Revised Statutes, 16-8.5-105, amend18
(1)(a)(IV) and (6) as follows:19
16-8.5-105.  Evaluations, locations, time frames, and report.20
(1) (a) (IV)  Nothing in this subsection (1)(a) limits the availability of a21
court-ordered evaluation for a person with a mental health disorder22
pursuant to section 27-65-106 or invokes the emergency procedure FOR23
AN EMERGENCY MENTAL HEALTH HOLD set forth in section 27-65-10524
SECTION 27-65-106.25
(6)  Whenever a competency evaluation is ordered upon the26
request of either party, the court may notify the county attorney or district27
HB22-1256
-107- attorney required to conduct proceedings pursuant to section 27-65-1111
(6) SECTION 27-65-113 (6) for the county in which the charges are2
pending and the court liaison hired pursuant to part 2 of article 11.9 of3
this title 16 of all court dates for return of the report on competency to4
ensure that all parties are on notice of the expected need for coordinated5
services and planning with consideration of possible civil certification.6
SECTION 24. In Colorado Revised Statutes, 16-8.5-111, amend7
(2)(a) as follows:8
16-8.5-111.  Procedure after determination of competency or9
incompetency. (2)  If the final determination made pursuant to section10
16-8.5-103 is that the defendant is incompetent to proceed, the court has11
the following options:12
(a)  If the defendant is charged with an offense as outlined in13
section 16-8.5-116 (7) and the competency evaluation has determined that14
the defendant meets the standard for civil certification pursuant to article15
65 of title 27, the court may forgo any order of restoration and16
immediately order that proceedings be initiated by the county attorney or17
district attorney required to conduct proceedings pursuant to section18
27-65-111 (6) SECTION 27-65-113 (6) for the civil certification of the19
defendant and dismiss the charges without prejudice in the interest of20
justice once civil certification proceedings have been initiated.21
SECTION 25. In Colorado Revised Statutes, 16-8.5-116, amend22
(5), (6)(b), and (10) as follows:23
16-8.5-116.  Certification - reviews - termination of24
proceedings - rules. (5)  The court shall forward a copy of each report25
and summary received pursuant to subsections (2), (3), and (4) of this26
section to the county attorney or district attorney required to conduct27
HB22-1256
-108- proceedings pursuant to section 27-65-111 (6) SECTION 27-65-113 (6) for1
the county in which the case is pending and to the court liaison.2
(6)  Notwithstanding the time periods provided in subsections (7),3
(8), and (9) of this section and to ensure compliance with relevant4
constitutional principles, for any offense for which the defendant remains5
confined as a result of a determination of incompetency to proceed if the6
court determines, based on available evidence, that there is not a7
substantial probability that the defendant will be restored to competency8
within the reasonably foreseeable future, the court may order the9
defendant's release from commitment pursuant to this article 8.5 through10
one or more of the following means:11
(b)  The court may, in coordination with the county attorney or12
district attorney required to conduct proceedings pursuant to section13
27-65-111 (6) SECTION 27-65-113 (6) for the county in which the14
defendant is charged, order the commencement of certification15
proceedings pursuant to the provisions of article 65 of title 27 if the16
defendant meets the requirements for certification pursuant to article 6517
of title 27;18
(10)  Prior to the dismissal of charges pursuant to subsection (1),19
(6), (7), (8), or (9) of this section, the court shall identify whether the20
defendant meets the requirements for certification pursuant to article 6521
of title 27, or for the provision of services pursuant to article 10.5 of title22
27, or whether the defendant will agree to a voluntary commitment. If the23
court finds the requirements for certification or provision of services are24
met or the defendant does not agree to a voluntary commitment, the court25
may stay the dismissal for twenty-one days and notify the department and26
county attorney or district attorney required to conduct proceedings27
HB22-1256
-109- pursuant to section 27-65-111 (6) 27-65-113 (6) in the relevant1
jurisdiction of the pending dismissal so as to provide the department and2
the county attorney or district attorney with the opportunity to pursue3
certification proceedings or the provision of necessary services.4
SECTION 26. In Colorado Revised Statutes, 18-1.3-204, amend5
(2)(a)(II) as follows:6
18-1.3-204.  Conditions of probation - interstate compact7
probation transfer cash fund - creation. (2) (a)  When granting8
probation, the court may, as a condition of probation, require that the9
defendant:10
(II)  Undergo available medical or psychiatric treatment and11
remain in a specified institution if required for that purpose. In any case12
where inpatient psychiatric treatment is indicated, the court shall proceed13
in accordance with article 65 of title 27 C.R.S., and require the defendant14
to comply with the recommendation of the professional person in charge15
of the evaluation required pursuant to section 27-65-105 or 27-65-106.16
C.R.S.17
SECTION 27. In Colorado Revised Statutes, 18-6.5-102, amend18
(11)(e) as follows:19
18-6.5-102.  Definitions. As used in this article 6.5, unless the20
context otherwise requires:21
(11)  "Person with a disability" means any person who:22
(e)  Is a person with HAS a mental health disorder, as the term is23
defined in section 27-65-102; (11.5);24
SECTION 28. In Colorado Revised Statutes, 19-1-115, amend25
(8)(a) as follows:26
19-1-115.  Legal custody - guardianship - placement out of the27
HB22-1256
-110- home - petition for review for need of placement. (8) (a)  Whenever it1
appears necessary that the placement of a child out of the home will be2
for longer than ninety days, the placement is voluntary and not3
court-ordered, and the placement involves the direct expenditure of funds4
appropriated by the general assembly to the department of human5
services, a petition for review of need for placement shall be filed by the6
department or agency with which the child has been placed before the7
expiration of ninety days in the placement. A decree providing for8
voluntary placement of a child with an agency in which public moneys9
are MONEY IS expended shall MUST be renewable in circumstances where10
WHEN there is documentation that the child has an emotional, a physical,11
or an intellectual disability that necessitates care and treatment for a12
longer duration than ninety days as provided pursuant to this paragraph13
(a) SUBSECTION (8)(a). The court shall not transfer or require14
relinquishment of legal custody of, or otherwise terminate the parental15
rights with respect to, a child who has an emotional, a physical, or an16
intellectual disability and who was voluntarily placed out of the home for17
the purposes of obtaining special treatment or care solely because the18
parent or legal guardian is unable to provide the treatment or care.19
Whenever a child fifteen years of age or older consents to placement in20
a mental health facility pursuant to section 27-65-103, C.R.S., SECTION21
27-65-104, the review under section 27-65-103 (5), C.R.S., shall22
PURSUANT TO SECTION 27-65-104 (4) MUST be conducted in lieu of and23
shall MUST fulfill the requirements for review under this paragraph (a)24
SUBSECTION (8)(a).25
SECTION 29. In Colorado Revised Statutes, 19-2.5-102, amend26
(34) as follows:27
HB22-1256
-111- 19-2.5-102.  Definitions. In addition to the terms defined in1
section 19-1-103, as used in this article 2.5, unless the context otherwise2
requires:3
(34)  "Mental health hospital placement prescreening" means a4
face-to-face mental health examination conducted by a mental health5
professional to determine whether a child should be placed in a facility6
for evaluation pursuant to section 27-65-105 or 27-65-106. The7
prescreening may include consultation with other mental health8
professionals and review of all available records on the child.9
SECTION 30. In Colorado Revised Statutes, 19-2.5-305, amend10
as it exists until July 1, 2024, (3)(b)(I); and amend (3)(b)(II), (3)(b)(III),11
and (3)(b)(IV) as follows:12
19-2.5-305.  Detention and shelter - hearing - time limits -13
findings - review - confinement with adult offenders - restrictions.14
(3) (b) (I)  If it appears that a juvenile being held in detention or15
temporary shelter may have an intellectual and developmental disability,16
as described in article 10.5 of title 27, the court or detention personnel17
shall refer the juvenile to the nearest community-centered board for an18
eligibility determination. If it appears that a juvenile being held in a19
detention or temporary shelter facility pursuant to this article 2.5 may20
have a mental health disorder, as provided in sections 27-65-105 and21
SECTION 27-65-106, the intake personnel or other appropriate personnel22
shall contact a mental health professional to do a mental health hospital23
placement prescreening on the juvenile. The court must be notified of the24
contact and may take appropriate action. If a mental health hospital25
placement prescreening is requested, it must be conducted in an26
appropriate place accessible to the juvenile and the mental health27
HB22-1256
-112- professional. A request for a mental health hospital placement1
prescreening must not extend the time within which a detention hearing2
must be held pursuant to this section. If a detention hearing has been set3
but has not yet occurred, the mental health hospital placement4
prescreening must be conducted prior to the hearing; except that the5
prescreening must not extend the time within which a detention hearing6
must be held.7
(II)  If a juvenile has been ordered detained pending an8
adjudication, disposition, or other court hearing, and the juvenile9
subsequently appears to have a mental health disorder, as described in10
section 27-65-105 or 27-65-106, the intake personnel or other appropriate11
personnel shall contact the court with a recommendation for a mental12
health hospital placement prescreening. A mental health hospital13
placement prescreening must be conducted at any appropriate place14
accessible to the juvenile and the mental health professional within15
twenty-four hours of AFTER the request, excluding Saturdays, Sundays,16
and legal holidays.17
(III)  When the mental health professional finds, as a result of the18
prescreening, that the juvenile may have a mental health disorder, the19
mental health professional shall recommend to the court that the juvenile20
be evaluated pursuant to section 27-65-105 or 27-65-106.21
(IV)  Nothing in this subsection (3)(b) precludes the use of22
emergency procedures FOR AN EMERGENCY MENTAL HEALTH HOLD23
pursuant to section 27-65-105 (1) SECTION 27-65-106 (1)(a).24
SECTION 31. In Colorado Revised Statutes, 19-2.5-305, amend25
as it will become effective July 1, 2024, (3)(b)(I) as follows: 26
19-2.5-305.   Detention and shelter - hearing - time limits -27
HB22-1256
-113- findings - review - confinement with adult offenders - restrictions.1
(3) (b) (I)   If it appears that a juvenile being held in detention or2
temporary shelter may have an intellectual and developmental disability,3
as described in article 10.5 of title 27, the court or detention personnel4
shall refer the juvenile to the nearest case management agency, as defined5
in section 25.5-6-1702, for an eligibility determination. If it appears that6
a juvenile being held in a detention or temporary shelter facility pursuant7
to this article 2.5 may have a mental health disorder, as provided in8
sections 27-65-105 and SECTION 27-65-106, the intake personnel or other9
appropriate personnel shall contact a mental health professional to do a10
mental health hospital placement prescreening on the juvenile. The court11
must be notified of the contact and may take appropriate action. If a12
mental health hospital placement prescreening is requested, it must be13
conducted in an appropriate place accessible to the juvenile and the14
mental health professional. A request for a mental health hospital15
placement prescreening must not extend the time within which a16
detention hearing must be held pursuant to this section. If a detention17
hearing has been set but has not yet occurred, the mental health hospital18
placement prescreening must be conducted prior to the hearing; except19
that the prescreening must not extend the time within which a detention20
hearing must be held.21
SECTION 32. In Colorado Revised Statutes, 19-2.5-1114,22
amend (1) as follows:23
19-2.5-1114.  Sentencing - placement based on special needs of24
the juvenile. (1)  Except as otherwise required by section 19-2.5-1127 for25
an aggravated juvenile offender, the court may order that the juvenile be26
examined or treated by a physician, surgeon, psychiatrist, or psychologist27
HB22-1256
-114- or that the juvenile receive other special care and may place the juvenile1
in a hospital or other suitable facility for such purposes; except that a2
juvenile may not be placed in a mental health facility operated by the3
department of human services until the juvenile has received a mental4
health placement prescreening resulting in a recommendation that the5
juvenile be placed in a facility for an evaluation pursuant to section6
27-65-105 or 27-65-106, or a hearing has been held by the court after7
notice to all parties, including the department of human services. An8
order for a seventy-two-hour treatment and evaluation EMERGENCY9
MENTAL HEALTH HOLD must not be entered unless a hearing is held and10
evidence indicates that the prescreening report is inadequate, incomplete,11
or incorrect and that competent professional evidence is presented by a12
mental health professional that indicates that the juvenile has a behavioral13
or mental health disorder. The court shall make, prior to the hearing,14
orders regarding temporary custody of the juvenile as are deemed15
appropriate.16
SECTION 33. In Colorado Revised Statutes, 19-2.5-1525,17
amend (3)(b)(III) as follows:18
19-2.5-1525.  Juveniles committed to department of human19
services - evaluation and placement. (3) (b) (III)  If the evaluation20
report states that the juvenile has a mental health disorder, as described21
in sections 27-65-105 and SECTION 27-65-106, the department of human22
services shall initiate proceedings pursuant to article 65 of title 27 and23
notify the court.24
SECTION 34. In Colorado Revised Statutes, 19-2.5-1532,25
amend (3)(a) as follows:26
19-2.5-1532.  Juveniles committed to department of human27
HB22-1256
-115- services - transfers. (3) (a)   A juvenile committed to the department of1
human services may be transferred temporarily to any state treatment2
facility for persons with behavioral or mental health disorders or3
intellectual and developmental disabilities for purposes of diagnosis,4
evaluation, and emergency treatment; except that a juvenile may not be5
transferred to a state treatment facility for persons with mental health6
disorders until the juvenile has received a mental health hospital7
placement prescreening resulting in a recommendation that the juvenile8
be placed in a facility for evaluation pursuant to section 27-65-105 or9
27-65-106. A juvenile committed to the department of human services as10
an aggravated juvenile offender pursuant to section 19-2.5-1127 or11
violent juvenile offender pursuant to section 19-2.5-1126 (1)(c) must not12
be transferred until the treatment facility has a secure setting in which to13
house the juvenile. The period of temporary transfer pursuant to this14
subsection (3)(a) must not exceed sixty days.15
SECTION 35. In Colorado Revised Statutes, 19-3-401, amend16
(3)(c)(II) and (3)(c)(III) as follows:17
19-3-401.  Taking children into custody. (3) (c)  The court orders18
required by subsections (3)(a) and (3)(b) of this section are not required19
in the following circumstances:20
(II)  When the newborn child's only identifiable birth parent has21
been determined by a physician, registered nurse, or qualified mental22
health professional to meet the criteria specified in section 27-65-10523
SECTION 27-65-106 for custody, treatment, and evaluation of a mental24
health disorder or grave disability;25
(III)  When both of the newborn child's birth parents have been26
determined by a physician, registered nurse, or qualified mental health27
HB22-1256
-116- professional to meet the criteria specified in section 27-65-105 SECTION1
27-65-106 for custody, treatment, and evaluation of a mental health2
disorder or grave disability; or3
SECTION 36. In Colorado Revised Statutes, 19-3-403, amend4
as it exists until July 1, 2024, (4)(a); and amend (4)(b), (4)(c), and (4)(d)5
as follows:6
19-3-403.  Temporary custody - hearing - time limits -7
restriction - rules. (4) (a)  If it appears that any child being held in a8
shelter facility may have an intellectual and developmental disability, as9
provided in article 10.5 of title 27, the court shall refer the child to the10
nearest community-centered board for an eligibility determination. If it11
appears that any child being held in a shelter facility pursuant to the12
provisions of this article 3 may have a mental health disorder, as provided13
in sections 27-65-105 and SECTION 27-65-106, the intake personnel or14
other appropriate personnel shall contact a mental health professional to15
do a mental health disorder prescreening on the child. The court shall be16
notified of the contact and may take appropriate action. If a mental health17
disorder prescreening is requested, it shall MUST be conducted in an18
appropriate place accessible to the child and the mental health19
professional. A request for a mental health disorder prescreening must not20
extend the time within which a hearing is to be held pursuant to this21
section. If a hearing has been set but has not yet occurred, the mental22
health disorder prescreening shall MUST be conducted prior to the hearing;23
except that the prescreening must not extend the time within which a24
hearing is to be held pursuant to this section.25
(b)  If a child has been ordered detained pending an adjudication,26
disposition, or other court hearing and the child subsequently appears to27
HB22-1256
-117- have a mental health disorder, as provided in section 27-65-105 or1
27-65-106, the intake personnel or other appropriate personnel shall2
contact the court with a recommendation for a mental health disorder3
prescreening. A mental health disorder prescreening shall MUST be4
conducted at any appropriate place accessible to the child and the mental5
health professional within twenty-four hours of AFTER the request,6
excluding Saturdays, Sundays, and legal holidays.7
(c)  If the mental health professional finds, as a result of the8
prescreening, that the child may have a mental health disorder, the mental9
health professional shall recommend to the court that the child be10
evaluated pursuant to section 27-65-105 or 27-65-106, and the court shall11
proceed as provided in section 19-3-506.12
(d)  Nothing in this subsection (4) precludes the use of emergency13
procedures 
FOR AN EMERGENCY MENTAL HEALTH HOLD pursuant to14
section 27-65-105
 SECTION 27-65-106.15
SECTION 37. In Colorado Revised Statutes, 19-3-403, amend16
as it will become effective July 1, 2024, (4)(a) as follows:17
19-3-403.   Temporary custody - hearing - time limits -18
restriction - rules. (4) (a)  If it appears that any child being held in a19
shelter facility may have an intellectual and developmental disability, as20
provided in article 10.5 of title 27, the court shall refer the child to the21
nearest case management agency, as defined in section 25.5-6-1702, for22
an eligibility determination. If it appears that any child being held in a23
shelter facility pursuant to this article 3 may have a mental health24
disorder, as provided in sections 27-65-105 and SECTION 27-65-106, the25
intake personnel or other appropriate personnel shall contact a mental26
health professional to do a mental health disorder prescreening on the27
HB22-1256
-118- child. The court must be notified of the contact and may take appropriate1
action. If a mental health disorder prescreening is requested, it must be2
conducted in an appropriate place accessible to the child and the mental3
health professional. A request for a mental health disorder prescreening4
must not extend the time within which a hearing is to be held pursuant to5
this section. If a hearing has been set but has not yet occurred, the mental6
health disorder prescreening must be conducted prior to the hearing;7
except that the prescreening must not extend the time within which a8
hearing is to be held pursuant to this section. 9
SECTION 38. In Colorado Revised Statutes, 19-3-506, amend10
(1)(b), (1)(c), and (3)(a) as follows:11
19-3-506.  Child with a mental health disorder or an12
intellectual and developmental disability - procedure. (1) (b)  If it13
appears from the evidence presented at an adjudicatory hearing or14
otherwise that a child may have a mental health disorder, as defined in15
sections 27-65-105 and 27-65-106 SECTION 27-65-102, and the child has16
not had a mental health disorder prescreening pursuant to section17
19-3-403 (4), the court shall order a prescreening to determine whether18
the child requires further evaluation. The prescreening shall MUST be19
conducted as expeditiously as possible, and a prescreening report must be20
provided to the court within twenty-four hours of AFTER the prescreening,21
excluding Saturdays, Sundays, and legal holidays.22
(c)  If the mental health professional finds, based upon a23
prescreening done pursuant to this section or section 19-3-403 (4), that24
the child may have a mental health disorder, as defined in section25
27-65-102, the court shall review the prescreening report within26
twenty-four hours, excluding Saturdays, Sundays, and legal holidays, and27
HB22-1256
-119- order the child placed for an evaluation at a facility designated by the1
executive director COMMISSIONER of the department of human services2
BEHAVIORAL HEALTH ADMINISTRATION for a seventy-two-hour treatment3
and evaluation EMERGENCY MENTAL HEALTH HOLD pursuant to section4
27-65-105 or 27-65-106. On and after January 1, 1986, if the child to be5
placed is in a detention facility, the designated facility shall admit the6
child within twenty-four hours after the court orders an evaluation,7
excluding Saturdays, Sundays, and legal holidays.8
(3) (a)  When the evaluation conducted pursuant to subsection (1)9
of this section states that the child has a mental health disorder, as defined10
in section 27-65-102, the court shall treat the evaluation report as a11
certification under section 27-65-107 SECTION 27-65-109 and shall12
proceed pursuant to article 65 of title 27, assuming all of the powers13
granted to a court in such proceedings.14
SECTION 39. In Colorado Revised Statutes, 19-3-508, amend15
(1)(d)(I) and (3) as follows:16
19-3-508.   Neglected or dependent child - disposition -17
concurrent planning. (1)  When a child has been adjudicated to be18
neglected or dependent, the court may enter a decree of disposition the19
same day, but in any event it shall do so within forty-five days unless the20
court finds that the best interests of the child will be served by granting21
a delay. In a county designated pursuant to section 19-1-123, if the child22
is under six years of age at the time a petition is filed in accordance with23
section 19-3-501 (2), the court shall enter a decree of disposition within24
thirty days after the adjudication and shall not grant a delay unless good25
cause is shown and unless the court finds that the best interests of the26
child will be served by granting the delay. It is the intent of the general27
HB22-1256
-120- assembly that the dispositional hearing be held on the same day as the1
adjudicatory hearing, whenever possible. If a delay is granted, the court2
shall set forth the reasons why a delay is necessary and the minimum3
amount of time needed to resolve the reasons for the delay and shall4
schedule the hearing at the earliest possible time following the delay.5
When the proposed disposition is termination of the parent-child legal6
relationship, the hearing on termination must not be held on the same date7
as the adjudication, and the time limits set forth above for dispositional8
hearings do not apply. When the proposed disposition is termination of9
the parent-child legal relationship, the court may continue the10
dispositional hearing to the earliest available date for a hearing in11
accordance with the provisions of subsection (3)(a) of this section and12
part 6 of this article 3. When the decree does not terminate the13
parent-child legal relationship, the court shall approve an appropriate14
treatment plan that must include but not be limited to one or more of the15
following provisions of subsections (1)(a) to (1)(d) of this section:16
(d) (I)  The court may order that the child be examined or treated17
by a physician, surgeon, psychiatrist, or psychologist or that he or she THE18
CHILD receive other special care and may place the child in a hospital or19
other suitable facility for such purposes; except that the child may not be20
placed in a mental health facility operated by the department of human21
services until the child has received a behavioral or mental health disorder22
prescreening resulting in a recommendation that the child be placed in a23
facility for evaluation pursuant to section 27-65-105 or SECTION24
27-65-106, or a hearing has been held by the court after notice to all25
parties, including the department of human services. An order for a26
seventy-two-hour treatment and evaluation AN EMERGENCY MENTAL27
HB22-1256
-121- HEALTH HOLD must not be entered unless a hearing is held and evidence1
indicates that the prescreening report is inadequate, incomplete, or2
incorrect and that competent professional evidence is presented by a3
mental health professional that indicates that a behavioral or mental4
health disorder is present in the child. The court shall make, prior to the5
hearing, such orders regarding temporary custody of the child as are6
deemed appropriate. described in section 27-65-105 SECTION 27-65-1067
or a voluntary application for mental health services pursuant to section8
27-65-103 
OR 27-65-104. The arrangements for care must be completed9
through the crisis response system or prearranged partnerships with other10
crisis intervention services.11
(3) (a)  On or before January 1, 2018, all walk-in centers12
throughout the state's crisis response system must be appropriately13
designated by the executive director
 COMMISSIONER OF THE BEHAVIORAL14
HEALTH ADMINISTRATION for a seventy-two-hour treatment and15
evaluation AN EMERGENCY MENTAL HEALTH HOLD , adequately prepared,16
and properly staffed to accept an individual through the emergency17
mental health procedure outlined in section 27-65-105 SECTION 27-65-10618
or a voluntary application for mental health services pursuant to section19
27-65-103 
OR 27-65-104. Priority for individuals receiving emergency20
placement pursuant to section 27-65-105
 SECTION 27-65-106 is on21
treating high-acuity individuals in the least restrictive environment22
without the use of law enforcement.23
(b)  Increasing the ability of walk-in centers to accept individuals24
through the emergency mental health procedure outlined in section25
27-65-105 SECTION 27-65-106 or a voluntary application for mental26
health services pursuant to section 27-65-103 
OR 27-65-104 may include,27
HB22-1256
-122- but is not limited to, purchasing, installing, and using telehealth1
operations for mobile crisis evaluations in partnership with hospitals,2
clinics, law enforcement agencies, and other appropriate service3
providers.4
SECTION 40. In Colorado Revised Statutes, 24-10-106, amend5
(1)(i) and (1)(j); and add (1)(k) as follows:6
24-10-106.  Immunity and partial waiver. (1)  A public entity7
shall be immune from liability in all claims for injury which lie in tort or8
could lie in tort regardless of whether that may be the type of action or the9
form of relief chosen by the claimant except as provided otherwise in this10
section. Sovereign immunity is waived by a public entity in an action for11
injuries resulting from:12
(i)  An action brought pursuant to section 13-21-128; or13
(j)  An action brought pursuant to part 12 of article 20 of title 13,14
whether the conduct alleged occurred before, on, or after January 1, 2022;15
OR16
(k)  A
N ACTION BROUGHT PURSUANT TO SECTION 27-65-106 OR17
27-65-119,
 WHETHER THE CONDUCT ALLEGED OCCURRED BEFORE , ON, OR18
AFTER JULY 1, 2023.19
SECTION 41. In Colorado Revised Statutes, 27-60-104.5,20
amend (3)(e)(I) as follows:21
27-60-104.5.  Behavioral health capacity tracking system -22
legislative declaration - definitions - rules. (3)  Pursuant to subsection23
(8) of this section, the state department shall implement a behavioral24
health capacity tracking system, which must include the following:25
(e)  Capacity reporting for the following facilities and treatment26
providers statewide:27
HB22-1256
-123- (I)  Facilities that provide evaluation and treatment to individuals1
held under an emergency commitment pursuant to section 27-81-111, an2
involuntary commitment pursuant to section 27-81-112, or a civil3
commitment pursuant to section 27-65-105 SECTION 27-65-106, including4
crisis stabilization units, acute treatment units, community mental health5
centers, and hospitals, including state mental health institutes;6
SECTION 42. In Colorado Revised Statutes, 27-62-101, amend7
(1)(a), (5), and (6)(a) as follows:8
27-62-101.  Definitions. As used in this article 62, unless the9
context otherwise requires:10
(1)  "At risk of out-of-home placement" means a child or youth11
who is eligible for medical assistance pursuant to articles 4, 5, and 6 of12
title 25.5 and the child or youth:13
(a)  Has been diagnosed as having a mental health disorder, as14
defined in section 27-65-102, (11.5), or a behavioral health disorder; and15
(5)  "Mental health professional" means an individual licensed as16
a mental health professional pursuant to article 245 of title 12 or a17
professional person, as defined in section 27-65-102 (17) (27)(a).18
(6)  "Out-of-home placement" means a child or youth who is19
eligible for medical assistance pursuant to articles 4, 5, and 6 of title 25.520
and the child or youth:21
(a)  Has been diagnosed as having a mental health disorder, as22
defined in section 27-65-102, (11.5), or a behavioral health disorder; and23
SECTION 43. In Colorado Revised Statutes, 27-66.5-102,24
amend (3)(a)(I), (3)(a)(II), (3)(a)(III), and (3)(a)(VI) as follows:25
27-66.5-102.  Definitions. As used in this article 66.5, unless the26
context otherwise requires:27
HB22-1256
-124- (3)  "High-risk individual" means a person who:1
(a)  Has a significant mental health or substance use disorder, as2
evidenced by:3
(I)  An emergency procedure for a seventy-two-hour MENTAL4
HEALTH hold pursuant to section 27-65-105 SECTION 27-65-106; 5
(II)  A certification for short-term treatment or extended short-term6
treatment pursuant to section 27-65-107 or 27-65-108 SECTION7
27-65-109;8
(III)  Long-term care and treatment pursuant to section 27-65-1099
SECTION 27-65-110;10
(VI)  Receiving voluntary behavioral health services pursuant to11
section 27-65-103, 27-65-104, 27-81-109, or 27-81-110; and12
SECTION 44. In Colorado Revised Statutes, 27-67-103, amend13
(2)(a) as follows:14
27-67-103.  Definitions. As used in this article 67, unless the15
context otherwise requires:16
(2)  "Child or youth at risk of out-of-home placement" means a17
child or youth who, although not otherwise categorically eligible for18
medicaid, meets the following criteria:19
(a)  The child or youth has been diagnosed as having a mental20
health disorder, as defined in section 27-65-102; (11.5);21
SECTION 45. In Colorado Revised Statutes, 27-80-302, amend22
(1)(a) as follows:23
27-80-302.  Definitions. As used in this part 3, unless the context24
otherwise requires:25
(1)  "Health-care provider" or "provider" means:26
(a)  A professional person, as defined in section 27-65-102 (17)27
HB22-1256
-125- (27)(a);1
SECTION 46. In Colorado Revised Statutes, 27-80-303, amend2
(3)(c) as follows:3
27-80-303.  Office of ombudsman for behavioral health access4
to care - creation - appointment of ombudsman - duties. (3)  The5
ombudsman shall:6
(c)  Receive and assist consumers and providers in reporting7
concerns and filing complaints with appropriate regulatory or oversight8
agencies relating to inappropriate care, an emergency A procedure under9
section 27-65-105 FOR AN EMERGENCY MENTAL HEALTH HOLD PURSUANT10
TO SECTION 27-65-106, a certification for short-term treatment under11
section 27-65-107 PURSUANT TO SECTION 27-65-109, or a certification for12
long-term care and treatment under section 27-65-109 PURSUANT TO13
SECTION 27-65-110;14
SECTION 47. In Colorado Revised Statutes, 27-80-306, amend15
(4) as follows:16
27-80-306.  Annual report. (4)  The ombudsman shall not include17
in the report required by this section any personally identifying18
information about an individual consumer or health-care provider or19
identifying information about a health-care facility licensed pursuant to20
section 25-1.5-103 or an emergency medical services facility, as defined21
in section 27-65-102. (5.5).22
SECTION 48. In Colorado Revised Statutes, 30-28-115, amend23
(2)(b.5) as follows:24
30-28-115.  Public welfare to be promoted - legislative25
declaration - construction. (2) (b.5)  The general assembly declares that26
the establishment of state-licensed group homes for the exclusive use of27
HB22-1256
-126- persons with behavioral or mental health disorders, as that term is defined1
in section 27-65-102, is a matter of statewide concern and that a2
state-licensed group home for eight persons with behavioral or mental3
health disorders is a residential use of property for zoning purposes, as4
defined in section 31-23-301 (4). A group home for persons with5
behavioral or mental health disorders established pursuant to this6
subsection (2)(b.5) must not be located within seven hundred fifty feet of7
another such group home or of another group home as described in8
subsections (2)(a) and (2)(b) of this section, unless otherwise provided for9
by the county. A person must not be placed in a group home without10
being screened by either a professional person, as defined in section11
27-65-102, (17) (27)(a), or any other such mental health professional12
designated by the director of a facility, which facility is approved by the13
executive director COMMISSIONER of the department of human services14
pursuant to section 27-90-102 BEHAVIORAL HEALTH ADMINISTRATION .15
Persons determined to be not guilty by reason of insanity to a violent16
offense must not be placed in such group homes, and any person who has17
been convicted of a felony involving a violent offense is not eligible for18
placement in such group homes. The provisions of This subsection19
(2)(b.5) must be implemented, where appropriate, by the rules of the20
department of public health and environment concerning residential21
treatment facilities for persons with behavioral or mental health disorders.22
Nothing in this subsection (2)(b.5) exempts such group homes from23
compliance with any state, county, or municipal health, safety, and fire24
codes.25
SECTION 49. In Colorado Revised Statutes, 31-23-303, amend26
(2)(b.5) as follows:27
HB22-1256
-127- 31-23-303.  Legislative declaration. (2) (b.5)  The general1
assembly declares that the establishment of state-licensed group homes2
for the exclusive use of persons with behavioral or mental health3
disorders, as that term is defined in section 27-65-102, is a matter of4
statewide concern and that a state-licensed group home for eight persons5
with behavioral or mental health disorders is a residential use of property6
for zoning purposes, as defined in section 31-23-301 (4). A group home7
for persons with behavioral or mental health disorders established8
pursuant to this subsection (2)(b.5) must not be located within seven9
hundred fifty feet of another such group home, unless otherwise provided10
for by the municipality. A person must not be placed in a group home11
without being screened by either a professional person, as defined in12
section 27-65-102 (17) (27)(a), or any other such mental health13
professional designated by the director of a facility approved by the14
executive director COMMISSIONER of the department of human services15
pursuant to section 27-90-102 BEHAVIORAL HEALTH ADMINISTRATION .16
Persons determined to be not guilty by reason of insanity to a violent17
offense must not be placed in such group homes, and any person who has18
been convicted of a felony involving a violent offense is not be eligible19
for placement in such group homes. The provisions of This subsection20
(2)(b.5) must be implemented, where appropriate, by the rules of the21
department of public health and environment concerning residential22
treatment facilities for persons with behavioral or mental health disorders.23
Nothing in this subsection (2)(b.5) exempts such group homes from24
compliance with any state, county, or municipal health, safety, and fire25
codes.26
SECTION 50. In Colorado Revised Statutes, 42-2-116, amend27
HB22-1256
-128- (5) as follows:1
42-2-116.  Restricted license. (5)  The department is authorized2
after examination to issue a restricted license to a person with a3
behavioral or mental health disorder or an intellectual and developmental4
disability, containing such restrictions as may be imposed upon said5
person by a court pursuant to part 3 or part 4 of article 14 of title 15 or6
section 27-65-109 (4) SECTION 27-65-110 (4) or 27-65-127.7
SECTION 51. In Colorado Revised Statutes, 42-2-125, amend8
(1)(h) as follows:9
42-2-125.  Mandatory revocation of license and permit. (1)  The10
department shall immediately revoke the license or permit of any driver11
or minor driver upon receiving a record showing that the driver has:12
(h)  Been determined to be mentally incompetent by a court of13
competent jurisdiction and for whom a court has entered, pursuant to part14
3 or part 4 of article 14 of title 15 C.R.S., or section 27-65-109 (4)15
SECTION 27-65-110 (4) or 27-65-127, C.R.S., an order specifically finding16
that the mental incompetency is of such a degree that the person is17
incapable of safely operating a motor vehicle;18
SECTION 52. In Colorado Revised Statutes, repeal of19
nonrelocated provisions in this act, 27-65-102 (14), 27-65-105 (6),20
27-65-106 (1), 27-65-106 (7), 27-65-106 (8), 27-65-106 (9), 27-65-10621
(10), 27-65-117 (1)(b), 27-65-117 (1)(c), 27-65-125, and 27-65-126. 22
SECTION 53. Act subject to petition - effective date. Sections23
2, 5, and 40 of this act take effect July 1, 2023, sections 27-65-108 and24
27-65-111, as enacted in section 1 of this act, and sections 3 and 4 of this25
act take effect January 1, 2025, and the remainder of this act takes effect26
at 12:01 a.m. on the day following the expiration of the ninety-day period27
HB22-1256
-129- after final adjournment of the general assembly; except that, if a1
referendum petition is filed pursuant to section 1 (3) of article V of the2
state constitution against this act or an item, section, or part of this act3
within such period, then the act, item, section, or part will not take effect4
unless approved by the people at the general election to be held in5
November 2022 and, in such case, will take effect on the date of the6
official declaration of the vote thereon by the governor; except that7
sections 2, 5, and 40 of this act take effect July 1, 2023, sections8
27-65-108 and 27-65-111, as enacted in section 1 of this act, and sections9
3 and 4 of this act take effect January 1, 2025.10
HB22-1256
-130-