Colorado House Bill HB1256 Amended / Bill

                    Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 22-0257.01 Shelby Ross x4510
HOUSE BILL 22-1256
House Committees Senate Committees
Public & Behavioral Health & Human Services Appropriations
Appropriations
A BILL FOR AN ACT
C
ONCERNING MODIFICATIONS TO CIVIL INVOLUNTARY COMMITMENT101
STATUTES FOR PERSONS WITH MENTAL HEALTH 
DISORDERS,102
AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.103
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
SENATE
Amended 2nd Reading
May 5, 2022
HOUSE
3rd Reading Unamended
May 3, 2022
HOUSE
Amended 2nd Reading
May 2, 2022
HOUSE SPONSORSHIP
Amabile and McCluskie, Pelton, Bacon, Benavidez, Bernett, Bird, Boesenecker, Cutter,
Duran, Esgar, Froelich, Gonzales-Gutierrez, Herod, Hooton, Jodeh, Kennedy, Kipp, Lindsay,
McCormick, Michaelson Jenet, Ricks, Sirota, Valdez A., Woodrow
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. law also sets forth procedures to certify a person for short-term or
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
1256
-2- a respondent into custody and transport the person
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;
1256
-3- ! Requiring the court to commit the respondent to the
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
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
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
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 HAS THE SAME MEANING AS SET FORTH IN13
SECTION 27-50-101.14
(2) (6)  "Certified peace officer" means any certified peace officer15
as described in section 16-2.5-102. C.R.S.16
(7)  "C
OMMISSIONER" MEANS THE COMMISSIONER OF THE17
BEHAVIORAL HEALTH ADMINISTRATION ESTABLISHED IN SECTION18
27-60-203.19
(3)
 (8)  "Court" means any district court of the state of Colorado20
and the probate court in the city and county of Denver.21
(4) (9)  "Court-ordered evaluation" means an evaluation ordered22
by a court pursuant to section 27-65-106.23
(4.5) (10)  "Danger to THE PERSON'S self or others" means:24
(a)  With respect to an individual, that the individual A PERSON25
poses a substantial risk of physical harm to himself or herself THE26
PERSON'S SELF as manifested by evidence of recent threats of or attempts27
1256
-7- at suicide or serious bodily harm to himself or herself THE PERSON'S SELF;1
or2
(b)  With respect to other persons, that the individual A PERSON3
poses a substantial risk of physical harm to another person or persons, as4
manifested by evidence of recent homicidal or other violent behavior by5
the person in question, or by evidence that others are placed in reasonable6
fear of violent behavior and serious physical harm to them, as evidenced7
by a recent overt act, attempt, or threat to do serious physical harm by the8
person in question.9
(5) (11)  "Department" means the department of human services.10
(5.5) (12)  "Emergency medical services facility" means a facility11
licensed pursuant to part 1 of article 3 of title 25 or certified pursuant to12
section 25-1.5-103, or any other licensed and certified facility that13
provides emergency medical services GENERAL HOSPITAL WITH AN14
EMERGENCY DEPARTMENT OR A FREESTANDING EMERGENCY15
DEPARTMENT, AS DEFINED IN SECTION 25-1.5-114 (5). An emergency16
medical services facility is not required to be, but may elect to become,17
a facility designated or approved by the executive director for a18
seventy-two-hour treatment and evaluation pursuant to section 27-65-10519
COMMISSIONER.20
(13)  "E
MERGENCY MEDICAL SERVICES PROVIDER " HAS THE SAME21
MEANING AS SET FORTH IN SECTION 25-3.5-103 (8).22
(6)
 (14)  "Executive director" means the executive director of the23
department of human services.24
(7) (15)  "Facility" means a public hospital or a licensed private25
hospital, clinic, behavioral health entity, community mental health center26
or clinic, acute treatment unit, institution, or residential child care facility27
1256
-8- that provides treatment for persons with mental health disorders.1
(8) (16)  "Family member" means a spouse, PARTNER IN A CIVIL2
UNION, AS DEFINED IN SECTION 14-15-103 (5), parent, adult child, or adult3
sibling of a person with a mental health disorder.4
(9) (17)  "Gravely disabled" means a condition in which a person,5
as a result of a mental health disorder, is incapable of making informed6
decisions about or providing for his or her THE PERSON'S essential needs7
without significant supervision and assistance from other people. As a8
result of being incapable of making these informed decisions, a person9
who is gravely disabled is at risk of substantial bodily harm, dangerous10
worsening of any concomitant serious physical illness, significant11
psychiatric deterioration, or mismanagement of his or her THE PERSON'S12
essential needs that could result in substantial bodily harm. A person of13
any age may be "gravely disabled", but such THE term does not include a14
person whose decision-making capabilities are limited solely by his or her15
THE PERSON'S developmental disability.16
(10) (18)  "Hospitalization" means twenty-four-hour out-of-home17
placement for treatment in a facility for a person with a mental health18
disorder.19
(11) (19)  "Independent professional person" means a professional20
person as defined in subsection (17) of this section, who evaluates a21
minor's condition as an independent decision-maker and whose22
recommendations are based on the standard of what is in the best interest23
of the minor. The professional person may be associated with the24
admitting mental health facility if he or she THE PROFESSIONAL PERSON is25
free to independently evaluate the minor's condition and need for26
treatment and has the authority to refuse admission to any minor who27
1256
-9- does not satisfy the statutory standards specified in section 27-65-103 (3)1
SECTION 27-65-104 (2).2
(11.3) (20)  "Intervening professional" means a person described3
in section 27-65-105 (1)(a)(II) who may effect a seventy-two-hour hold4
under the provisions outlined in section 27-65-105 WHO IS ONE OF THE5
FOLLOWING:6
(a)  A
 PROFESSIONAL PERSON;7
(b)  A
 PHYSICIAN ASSISTANT LICENSED PURSUANT TO SECTION8
12-240-113;9
(c)  A
N ADVANCED PRACTICE REGISTERED NURSE , AS DEFINED IN10
SECTION 12-255-104 (1);11
(d)  A
 REGISTERED PROFESSIONAL NURSE, AS DEFINED IN SECTION12
12-255-104 (11), WHO HAS SPECIFIC MENTAL HEALTH TRAINING AS13
IDENTIFIED BY THE BHA;14
(e)  A
 CLINICAL SOCIAL WORKER LICENSED PURSUANT TO PART 4 OF15
ARTICLE 245 OF TITLE 12;16
(f)  A
 MARRIAGE AND FAMILY THERAPIST LICENSED PURSUANT TO17
PART 5 OF ARTICLE 245 OF TITLE 12;18
(g)  A
 PROFESSIONAL COUNSELOR LICENSED PURSUANT TO PART 619
OF ARTICLE 245 OF TITLE 12; OR20
(h)  A
N ADDICTION COUNSELOR LICENSED PURSUANT TO PART 8 OF21
ARTICLE 245 OF TITLE 12.22
(21)  "L
AY PERSON" MEANS A PERSON IDENTIFIED BY ANOTHER23
PERSON WHO IS DETAINED ON AN INVOLUNTARY EMERGENCY MENTAL24
HEALTH HOLD PURSUANT TO SECTION 27-65-106, CERTIFIED FOR25
SHORT-TERM TREATMENT PURSUANT TO SECTION 
      27-65-109, OR26
CERTIFIED FOR LONG-TERM CARE AND TREATMENT PURSUANT TO SECTION27
1256
-10- 27-65-110 WHO IS AUTHORIZED TO PARTICIPATE IN ACTIVITIES RELATED1
TO THE PERSON'S INVOLUNTARY EMERGENCY MENTAL HEALTH HOLD ,2
SHORT-TERM TREATMENT, OR LONG-TERM TREATMENT, INCLUDING COURT3
APPEARANCES, DISCHARGE PLANNING, AND GRIEVANCES. THE PERSON4
MAY RESCIND THE LAY PERSON'S AUTHORIZATION AT ANY TIME.5
(11.5) (22)  "Mental health disorder" includes one or more6
substantial disorders of the cognitive, volitional, or emotional processes7
that grossly impairs judgment or capacity to recognize reality or to control8
behavior. An intellectual or developmental disability is insufficient to9
either justify or exclude a finding of a mental health disorder pursuant to10
the provisions of this article 65.11
(12) (23)  "Minor" means a person under eighteen years of age;12
except that the term does not include a person who is fifteen years of age13
or older who is living separately and apart from his or her THE PERSON'S14
parent or legal guardian and is managing his or her THE PERSON'S OWN15
financial affairs, regardless of his or her THE PERSON'S source of income,16
or who is married and living separately and apart from his or her THE17
PERSON'S parent or legal guardian.18
(13) (24)  "Patient representative" means a person designated by19
a mental health facility to process patient complaints or grievances or to20
represent patients who are minors pursuant to section 27-65-103 (5)21
SECTION 27-65-104 (4).22
(14)  Repealed.23
(15) (25)  "Petitioner" means any person who files any petition in24
any proceeding in the interest of any person who allegedly has a mental25
health disorder or is allegedly gravely disabled.26
(16) (26)  "Physician" means a person licensed to practice27
1256
-11- medicine in this state.1
(17) (27)       "Professional person" means a person licensed to2
practice medicine in this state, a psychologist certified LICENSED to3
practice in this state, or a person licensed and in good standing to practice4
medicine in another state or a psychologist certified LICENSED to practice5
and in good standing in another state who is providing medical or clinical6
services at a treatment facility in this state that is operated by the armed7
forces of the United States, the United States public health service, or the8
United States department of veterans affairs.9
     10
(18) (28)  "Residential child care facility" means a facility licensed11
by the state department of human services pursuant to article 6 of title 26,12
C.R.S., to provide group care and treatment for children as such facility13
is defined HAS THE SAME MEANING AS SET FORTH in section 26-6-10214
(33). C.R.S. A residential child care facility may be eligible for15
designation by the executive director of the department of human services16
COMMISSIONER pursuant to this article ARTICLE 65.17
(19) (29)  "Respondent" means either a person alleged in a petition18
filed pursuant to this article 65 to have a mental health disorder or be19
gravely disabled or a person certified pursuant to the provisions of this20
article 65.21
(20) (30)  "Screening" means a review of all petitions, to consist22
of an interview with the petitioner and, whenever possible, the23
respondent; an assessment of the problem; an explanation of the petition24
to the respondent; and a determination of whether the respondent needs25
and, if so, will accept on a voluntary basis, 
A comprehensive evaluation,26
treatment, referral, and other appropriate services, either on an inpatient27
1256
-12- or an outpatient basis.1
(31)  "S
ECURE TRANSPORTATION PROVIDER " MEANS A PROVIDER2
LICENSED PURSUANT TO SECTION 25-3.5-310 TO PROVIDE PUBLIC OR3
PRIVATE SECURE TRANSPORTATION SERVICES .4
27-65-103.  Voluntary applications for mental health services.5
(1)  Nothing in this article 65 in any way limits the right of any person to6
make 
A voluntary application at any time to any public or private agency7
or professional person for mental health services, either by direct8
application in person or by referral from any other public or private9
agency or professional person. Subject to section 15-14-316 (4), a ward,10
as defined in section 15-14-102 (15), may be admitted to 
A hospital or11
institutional care and treatment for a mental health disorder by consent of
12
WITH the guardian GUARDIAN'S CONSENT for so AS long as the ward13
agrees to such care and treatment. Within ten days after any such14
admission, The guardian shall IMMEDIATELY notify in writing the court15
that appointed the guardian of the admission.16
(9) (2)  For the purpose of this article ARTICLE 65, the treatment by17
prayer in the practice of the religion of any church which THAT teaches18
reliance on spiritual means alone for healing shall be IS considered a form19
of treatment.20
(10) (3)  The medical and legal status of all voluntary patients21
receiving treatment for mental health disorders in inpatient or custodial22
facilities must be reviewed at least once every six months.23
(11) (4)  Voluntary patients shall be ARE afforded all the rights and24
privileges customarily granted by hospitals to their patients.25
(12) (5) (a)  If at any time during a seventy-two-hour evaluation AN26
EMERGENCY MENTAL HEALTH HOLD of a person who is confined27
1256
-13- involuntarily the facility staff requests the person to sign in voluntarily1
and he or she THE PERSON elects to do so, the following advisement shall2
be given orally and in writing and an appropriate notation shall be made3
in his or her THE PERSON'S medical record by the professional person or4
his or her THE PROFESSIONAL PERSON'S designated agent:5
NOTICE6
The decision to sign in voluntarily should be made by you alone7
and should be free from any force or pressure implied or otherwise. If you8
do not feel that you are able to make a truly voluntary decision, you may9
continue to be held at the hospital involuntarily. As an involuntary10
patient, you will have the right to protest your confinement and request11
a hearing before a judge.12
(b) THIS SUBSECTION (5) DOES NOT APPLY TO A PERSON ON AN13
EMERGENCY MENTAL HEALTH HOLD IN AN EMERGENCY MEDICAL SERVICES14
FACILITY.15
27-65-104.  Voluntary applications for mental health services16
- treatment of minors - definition. (1) [Formerly 27-65-10317
(2)] Notwithstanding any other provision of law, a minor who is fifteen18
years of age or older, whether with or without the consent of a parent or19
legal guardian, may consent to receive mental health services to be20
rendered by a facility, or by a professional person, or mental health21
professional licensed pursuant to part 3, 4, 5, 6, or 8 of article 245 of title22
12 in any practice setting. Such consent shall IS not be subject to23
disaffirmance because of minority. The professional person or licensed24
mental health professional rendering mental health services to a minor25
may, with or without the consent of the minor, advise the 
MINOR'S parent26
or legal guardian of the minor
 of the services given or needed.27
1256
-14- (2) [Formerly 27-65-103 (3)] A minor who is fifteen years of age1
or older or a 
MINOR'S parent or legal guardian, of a minor
 on the minor's2
behalf, may make 
A voluntary application for hospitalization. AN3
application for hospitalization on behalf of a minor who is under fifteen4
years of age and who is a ward of the department of human services shall
5
MUST not be made unless a guardian ad litem has been appointed for the6
minor or a petition for the same has been filed with the court by the7
agency having custody of the minor; except that such an application for8
hospitalization may be made under emergency circumstances requiring9
immediate hospitalization, in which case the agency shall file a petition10
for appointment of a guardian ad litem within seventy-two hours after11
application for admission is made, and the court shall 
IMMEDIATELY12
appoint a guardian ad litem. forthwith.
 Procedures for hospitalization of13
such A minor may proceed pursuant to this section once a petition for14
appointment of a guardian ad litem has been filed, if necessary. Whenever15
such AN application for hospitalization is made, an independent16
professional person shall interview the minor and conduct a careful17
investigation into the minor's background, using all available sources,18
including, but not limited to, the 
MINOR'S parents or legal guardian, and
19
the 
MINOR'S school, and any other social SERVICE agencies. Prior to20
admitting a minor for hospitalization, the independent professional person21
shall make the following findings:22
(a)  That the minor has a mental health disorder and is in need of23
hospitalization;24
(b)  That a less restrictive treatment alternative is inappropriate or25
unavailable; and26
(c)  That hospitalization is likely to be beneficial.27
1256
-15- (3) [Formerly 27-65-103 (4)] An interview and investigation by1
an independent professional person shall not be IS NOT required for a2
minor who is fifteen years of age or older and who, upon the3
recommendation of his or her THE MINOR'S treating professional person,4
seeks voluntary hospitalization with the consent of his or her THE MINOR'S5
parent or legal guardian. In order to assure that the minor's consent to6
such hospitalization is voluntary, the minor shall be advised, at or before7
the time of admission, of his or her THE MINOR'S right to refuse to sign the8
admission consent form and his or her THE MINOR'S right to revoke his or9
her THE MINOR'S consent at a later date. If a minor admitted pursuant to10
this subsection (4) SUBSECTION (3) subsequently revokes his or her THE11
MINOR'S consent after admission, a review of his or her THE MINOR'S need12
for hospitalization pursuant to subsection (5) SUBSECTION (4) of this13
section shall MUST be initiated immediately.14
(4) [Formerly 27-65-103 (5)] (a)  The need for continuing15
hospitalization of all voluntary 
MINOR patients who are minors shall
 MUST16
be formally reviewed at least every two months. Review pursuant to this17
subsection (5) shall SUBSECTION (4) MUST fulfill the requirement specified18
in section 19-1-115 (8) C.R.S., when the minor is fifteen years of age or19
older and consenting to hospitalization.20
(b)  The review shall MUST be conducted by an independent21
professional person who is not a member of the minor's treating team; or,22
if the minor, his or her THE MINOR'S physician, and the minor's parent or23
LEGAL guardian do not object to the need for continued hospitalization,24
the review required pursuant to this subsection (5) SUBSECTION (4) may25
be conducted internally by the hospital staff.26
(c)  The independent professional person shall determine whether27
1256
-16- the minor continues to meet the criteria specified in subsection (3)1
SUBSECTION (2) of this section and whether continued hospitalization is2
appropriate and shall, at least AT A MINIMUM, conduct an investigation3
pursuant to subsection (3) SUBSECTION (2) of this section.4
(d)  Ten days prior to the review, the patient representative at the5
mental health facility shall notify the minor of the date of the review and6
shall assist the minor in articulating to the independent professional7
person his or her THE MINOR'S wishes concerning continued8
hospitalization.9
(e)  Nothing in this section shall be construed to limit LIMITS a10
minor's right to seek release from the facility pursuant to any other11
provisions under the PROVISION OF law.12
(5) [Formerly 27-65-103 (6)] Every six months the review13
required pursuant to subsection (5) SUBSECTION (4) of this section shall14
be conducted by an independent professional person who is not a member15
of the minor's treating team and who has not previously reviewed the16
child MINOR pursuant to subsection (5) SUBSECTION (4) of this section.17
(6) [Formerly 27-65-103 (7)] (a)  When a minor does not consent18
to or objects to continued hospitalization, the need for such continued19
hospitalization shall MUST, within ten days, be reviewed pursuant to20
subsection (5) SUBSECTION (4) of this section by an independent21
professional person who is not a member of the minor's treating team and22
who has not previously reviewed the child MINOR pursuant to this23
subsection (7) SUBSECTION (6). The minor shall be informed of the results24
of such THE review within three days of AFTER THE REVIEW'S completion.25
of such review. If the conclusion reached by such THE professional person26
is that the minor no longer meets the standards for hospitalization27
1256
-17- specified in subsection (3) SUBSECTION (2) of this section, the minor shall1
MUST be discharged.2
(b)  If, twenty-four hours after being informed of the results of the3
review specified in paragraph (a) of this subsection (7) SUBSECTION (6)(a)4
OF THIS SECTION, a minor continues to affirm the objection to5
hospitalization, the minor shall be advised by the director of the facility6
or his or her THE DIRECTOR'S duly appointed representative SHALL ADVISE7
THE MINOR that the minor has the right to retain and consult with an8
attorney at any time and that the director or his or her THE DIRECTOR'S9
duly appointed representative shall file, within three days after the request10
of the minor, a statement requesting an attorney for the minor or, if the11
minor is under fifteen years of age, a guardian ad litem. The minor; his or12
her THE MINOR'S attorney, if any; and his or her THE MINOR'S parent, legal13
guardian, or guardian ad litem, if any, shall also be given written notice14
that a hearing upon the recommendation for continued hospitalization15
may be had before the court or a jury upon written request directed to the16
court pursuant to paragraph (d) of this subsection (7) SUBSECTION (6)(d)17
OF THIS SECTION.18
(c)  Whenever the statement requesting an attorney is filed with the19
court, the court shall ascertain whether the minor has retained counsel,20
and, if he or she THE MINOR has not, the court shall, within three days,21
appoint an attorney to represent the minor, or if the minor is under fifteen22
years of age, a guardian ad litem. Upon receipt of a petition filed by the23
guardian ad litem, the court shall appoint an attorney to represent the24
minor under fifteen years of age.25
(d) (I)  The minor or his or her THE MINOR'S attorney or guardian26
ad litem may, at any time after the minor has continued to affirm his or27
1256
-18- her THE MINOR'S objection to hospitalization pursuant to subsection (7)(b)1
SUBSECTION (6)(b) of this section, file a written request that the2
recommendation for continued hospitalization be reviewed by the court3
or that the treatment be on an outpatient basis. If review is requested, the4
court shall hear the matter within ten days after the request, and the court5
shall give notice 
OF THE TIME AND PLACE OF THE HEARING to the minor;6
his or her
 THE MINOR'S attorney, if any; his or her THE MINOR'S parents or7
legal guardian; his or her THE MINOR'S guardian ad litem, if any; the8
independent professional person; and the minor's treating team. of the9
time and place of the hearing. The hearing must be held in accordance10
with section 27-65-111 SECTION 27-65-113; except that the court or jury11
shall determine that the minor is in need of care and treatment if the court12
or jury makes the following findings:13
(A)  That the minor has a mental health disorder and is in need of14
hospitalization;15
(B)  That a less restrictive treatment alternative is inappropriate or16
unavailable; and17
(C)  That hospitalization is likely to be beneficial.18
(II)  At the conclusion of the hearing, the court may enter an order19
confirming the recommendation for continued hospitalization, discharge20
the minor, or enter any other appropriate order.21
(e)  For purposes of this subsection (7) SUBSECTION (6), "objects22
to hospitalization" means that a minor, with the necessary assistance of23
hospital staff, has written his or her THE MINOR'S objections to continued24
hospitalization and has been given an opportunity to affirm or disaffirm25
such objections forty-eight hours after the objections are first written.26
(f)  A minor may not again object to hospitalization pursuant to27
1256
-19- this subsection (7) SUBSECTION (6) until ninety days after conclusion of1
proceedings pursuant to this subsection (7) SUBSECTION (6).2
(g)  In addition to the rights specified under section 27-65-117 IN3
SECTION 27-65-119 for persons receiving evaluation, care, or treatment,4
a written notice specifying the rights of minor children under this section5
shall MUST be given to each minor upon admission to hospitalization.6
(7) [Formerly 27-65-103 (8)] A minor who no longer meets the7
standards for hospitalization specified in subsection (3) SUBSECTION (2)8
of this section shall MUST be discharged.9
27-65-105. [Formerly 27-65-104] Rights of respondents. Unless10
specifically stated in an order by the court, a respondent shall DOES not11
forfeit any legal right or suffer legal disability by reason of the provisions12
of this article ARTICLE 65.13
27-65-106. Emergency mental health hold - screening -14
court-ordered evaluation - discharge instructions - respondent's15
rights - report. (1) [Formerly 27-65-105 (1)] Emergency procedure may16
be invoked under one of the following conditions:17
(a) (I) When any person appears to have a mental health disorder18
and, as a result of such mental health disorder, appears to be an imminent19
danger to others or to himself or herself THE PERSON'S SELF or appears to20
be gravely disabled, then an intervening professional as specified in21
subsection (1)(a)(II) of this section OR CERTIFIED PEACE OFFICER, upon22
probable cause and with such assistance as may be required, may take the23
person into custody, or cause the person to be taken into custody, and24
placed in a facility designated or approved by the executive director25
COMMISSIONER for a seventy-two-hour treatment and evaluation. If such26
a facility is not available, the person may be taken to an emergency27
1256
-20- medical services facility.1
(I.5) When any person appears to have a mental health disorder2
and, as a result of such mental health disorder, is in need of immediate3
evaluation for treatment in order to prevent physical or psychiatric harm4
to others or to himself or herself, then an intervening professional, as5
specified in subsection (1)(a)(II) of this section, upon probable cause and6
with such assistance as may be required, may immediately transport the7
person to an outpatient mental health facility or other clinically8
appropriate facility designated or approved by the executive director. If9
such a facility is not available, the person may be taken to an emergency10
medical services facility.11
(II)  The following persons may act as intervening professionals12
to effect a seventy-two-hour hold, as provided in subsections (1)(a)(I) and13
(1)(a)(I.5) of this section:14
(A)  A certified peace officer;15
(B)  A professional person;16
(C)  A registered professional nurse as defined in section17
12-255-104 (11) who by reason of postgraduate education and additional18
nursing preparation has gained knowledge, judgment, and skill in19
psychiatric or mental health nursing;20
(D)  A licensed marriage and family therapist, licensed21
professional counselor, or addiction counselor licensed under part 5, 6, or22
8 of article 245 of title 12 who, by reason of postgraduate education and23
additional preparation, has gained knowledge, judgment, and skill in24
psychiatric or clinical mental health therapy, forensic psychotherapy, or25
the evaluation of mental health disorders; or26
(E)  A licensed clinical social worker licensed under the provisions27
1256
-21- of part 4 of article 245 of title 12.1
(b)  Upon an affidavit sworn to or affirmed before a judge that2
relates sufficient facts to establish that a person appears to have a mental3
health disorder and, as a result of the mental health disorder, appears to4
be an imminent danger to others or to himself or herself THE PERSON'S5
SELF or appears to be gravely disabled, the court may order the person6
described in the affidavit to be taken into custody and placed in a facility7
designated or approved by the executive director COMMISSIONER for a8
seventy-two-hour treatment and evaluation. Whenever in this article 659
a facility is to be designated or approved by the executive director10
COMMISSIONER, hospitals, if available, must be approved or designated in11
each county before other facilities are approved or designated. Whenever12
in this article 65 a facility is to be designated or approved by the13
executive director COMMISSIONER as a facility for a stated purpose and the14
facility to be designated or approved is a private facility, the consent of15
the private facility to the enforcement of standards set by the executive16
director COMMISSIONER is a prerequisite to the designation or approval.17
(c) Upon an affidavit sworn to or affirmed before a judge that18
relates sufficient facts to establish that a person appears to have a mental19
health disorder and, as a result of the mental health disorder, is in need of20
immediate evaluation for treatment to prevent physical or psychiatric21
harm to others or to himself or herself, the court may order the person22
described in the affidavit to be transported to an outpatient mental health23
facility or other clinically appropriate facility designated or approved by24
the executive director.25
(c) (d) [Formerly 27-65-106 (2)] Any individual may petition the26
court in the county in which the respondent resides or is physically27
1256
-22- present alleging that there is a person who appears to have a mental health1
disorder and, as a result of the mental health disorder, appears to be a2
danger to others or to himself or herself THE PERSON'S SELF or appears to3
be gravely disabled and requesting an evaluation of the person's4
condition.5
(2) [Formerly 27-65-105 (2)] When a person is taken into custody6
pursuant to subsection (1) of this section, he or she THE PERSON must not7
be detained in a jail, lockup, or other place used for the confinement of8
persons charged with or convicted of penal offenses.9
(3) [Formerly 27-65-105 (3)] When a person is taken into10
emergency custody by an intervening professional 
OR CERTIFIED PEACE11
OFFICER pursuant to subsection (1) of this section and is presented to an12
emergency medical services facility or a facility that is designated or13
approved by the 
executive director COMMISSIONER, the facility shall14
require an application in writing, stating the circumstances under which15
the person's condition was called to the attention of the intervening16
professional 
OR CERTIFIED PEACE OFFICER and further stating sufficient17
facts, obtained from the intervening professional's 
OR CERTIFIED PEACE18
OFFICER'S personal observations or obtained from others whom he or she
19
THE INTERVENING PROFESSIONAL OR CERTIFIED PEACE OFFICER reasonably20
believes to be reliable, to establish that the person has a mental health21
disorder and, as a result of the mental health disorder, is an imminent22
danger to others or to himself or herself THE PERSON'S SELF, is gravely23
disabled, or is in need of immediate evaluation for treatment. The24
application must indicate when the person was taken into custody and25
who brought the person's condition to the attention of the intervening26
professional 
OR CERTIFIED PEACE OFFICER. A copy of the application must27
1256
-23- be furnished to the person being evaluated, and the application must be1
retained in accordance with the provisions of section 27-65-121 (4)2
SECTION 27-65-123 (4).3
(4) (a) [Formerly 27-65-106 (3)] The petition for a court-ordered4
evaluation must contain the following:5
(I)  The name and address of the petitioner and his or her THE6
PETITIONER'S interest in the case;7
(II)  The name of the person for whom evaluation is sought who8
shall be IS designated as the respondent, and, if known to the petitioner,9
the address, age, sex, marital status, and occupation of the respondent; 10
(III)  Allegations of fact indicating that the respondent may have11
a mental health disorder and, as a result of the mental health disorder, be12
a danger to others or to himself or herself THE RESPONDENT'S SELF or be13
gravely disabled and showing reasonable grounds to warrant an14
evaluation;15
(IV)  The name and address of every person known or believed by16
the petitioner to be legally responsible for the care, support, and17
maintenance of the respondent, if available;18
(V)  The name, address, and telephone number of the attorney, if19
any, who has most recently represented the respondent. If there is no20
attorney, there shall be a statement as to whether, to the best knowledge21
of the petitioner, the respondent meets the criteria established by the legal22
aid agency operating in the county or city and county for it to represent23
a client.24
(b) [Formerly 27-65-106 (4)] Upon receipt of a petition satisfying25
the requirements of subsection (3) SUBSECTION (4)(a) of this section, the26
court shall designate a facility, approved by the executive director27
1256
-24- COMMISSIONER, or a AN INTERVENING professional, person, OR A1
CERTIFIED PEACE OFFICER to provide screening of the respondent to2
determine whether there is probable cause to believe the allegations.3
(c) [Formerly 27-65-106 (5)] Following screening, the facility, or4
INTERVENING professional, person, OR CERTIFIED PEACE OFFICER5
designated by the court shall file his or her A report with the court. The6
report must include a recommendation as to whether there is probable7
cause to believe that the respondent has a mental health disorder and, as8
a result of the mental health disorder, is a danger to others or to himself9
or herself THE RESPONDENT'S SELF or is gravely disabled and whether the10
respondent will voluntarily receive evaluation or treatment. The screening11
report submitted to the court 
PURSUANT TO THIS SUBSECTION (4)(c) is12
confidential in accordance with section 27-65-121
 SECTION 27-65-12313
and must be furnished to the respondent or his or her THE RESPONDENT'S14
attorney or personal representative.15
(d) [Formerly 27-65-106 (6)] Whenever it appears, by petition and16
screening pursuant to this section, to the satisfaction of the court that17
probable cause exists to believe that the respondent has a mental health18
disorder and, as a result of the mental health disorder, is a danger to19
others or to himself or herself THE RESPONDENT'S SELF or is gravely20
disabled and that efforts have been made to secure the cooperation of the21
respondent, who has refused or failed to accept evaluation voluntarily, the22
court shall issue an order for evaluation authorizing a certified peace23
officer 
OR SECURE TRANSPORTATION PROVIDER to take the respondent into24
custody and place him or her
 TRANSPORT THE RESPONDENT in TO a facility25
designated by the executive director COMMISSIONER for seventy-two-hour26
treatment and evaluation. At the time of taking the respondent into27
1256
-25- custody, a copy of the petition and the order for evaluation must be given1
to the respondent and promptly thereafter to any one person designated2
by the respondent and to the person in charge of the seventy-two-hour3
treatment and evaluation facility named in the order or his or her THE4
PERSON'S designee.5
(5) [Formerly 27-65-105 (4)] If the seventy-two-hour treatment6
and evaluation facility admits the person, it may detain him or her THE7
PERSON for evaluation and treatment for a period not to exceed8
seventy-two hours excluding Saturdays, Sundays, and holidays if9
evaluation and treatment services are not available on those days. For the10
purposes of this subsection (4) SUBSECTION (5), evaluation and treatment11
services are not deemed to be available merely because a professional12
person is on call during weekends or holidays. If, in the opinion of the13
professional person in charge of the evaluation, the person can be14
properly cared for without being detained, he or she THE PERSON shall be15
provided services on a voluntary basis.16
(6) [Formerly 27-65-105 (5)] Each person admitted to a17
seventy-two-hour treatment and evaluation facility under the provisions18
of this article ARTICLE 65 shall receive an evaluation as soon as possible19
after he or she THE PERSON is admitted and shall receive such treatment20
and care as his or her THE PERSON'S condition requires for the full period21
that he or she THE PERSON is held. The person shall MUST be released22
before seventy-two hours have elapsed if, in the opinion of the23
professional person in charge of the evaluation, the person no longer24
requires evaluation or treatment. Persons who have been detained for25
seventy-two-hour evaluation and treatment shall be released, referred for26
further care and treatment on a voluntary basis, or certified for treatment27
1256
-26- pursuant to section 27-65-107 SECTION 27-65-109.1
(7) to (8) Reserved.2
(9) [Formerly 27-65-105 (7)] (a)  On or before July 1, 2019, and3
each July 1 thereafter, each emergency medical services facility that has4
treated a person pursuant to this section shall provide an annual report to5
the department BHA that includes only aggregate DISAGGREGATED and6
nonidentifying information concerning persons who were treated at an7
emergency medical services facility pursuant to this section. The report8
must comply with the provisions of section 24-1-136 (9) and is exempt9
from the provisions of section 24-1-136 (11)(a)(I). The report must10
contain the following:11
(I)  The names and counties of the facilities;12
(II)  The total number of persons treated pursuant to this section,13
including a summary of demographic information;14
(III)  A summary regarding the different reasons for which persons15
were treated pursuant to this section; and16
(IV)  A summary of the disposition of persons transferred to a17
designated facility.18
(b) (I)  Any information aggregated DISAGGREGATED and provided19
to the department BHA pursuant to this subsection (7) SUBSECTION (9) is20
privileged and confidential. Such information must not be made available21
to the public except in an aggregate format that cannot be used to identify22
an individual facility. The information is not subject to civil subpoena and23
is not discoverable or admissible in any civil, criminal, or administrative24
proceeding against an emergency medical services facility or health-care25
professional. The information must be used only to assess statewide26
behavioral health services needs and to plan for sufficient levels of27
1256
-27- statewide behavioral health services. In the collection of data to1
accomplish the requirements of this subsection (7) SUBSECTION (9), the2
department BHA shall protect the confidentiality of patient records, in3
accordance with state and federal laws, and shall not disclose any public4
identifying or proprietary information of any hospital, hospital5
administrator, health-care professional, or employee of a health-care6
facility.7
(II)  Subsection (7)(b)(I) SUBSECTION (9)(b)(I) of this section does8
not apply to information that is otherwise available from a source outside9
of the data collection activities required pursuant to subsection (7)(a)10
SUBSECTION (9)(a) of this section.11
27-65-107.  Emergency transportation - application - screening12
- respondent's rights. (1) (a)  WHEN A CERTIFIED PEACE OFFICER OR13
EMERGENCY MEDICAL SERVICES PROVIDER HAS PROBABLE CAUSE TO14
BELIEVE A PERSON IS EXPERIENCING A BEHAVIORAL HEALTH CRISIS OR IS15
GRAVELY DISABLED AND , AS A RESULT, WITHOUT PROFESSI ONAL16
INTERVENTION THE PERSON MAY BE A DANGER TO THE PERSON 'S SELF OR17
OTHERS, THEN THE CERTIFIED PEACE OFFICER OR EMERGENCY MEDICAL18
SERVICES PROVIDER MAY TAKE THE PERSON INTO PROTECTIVE CUSTODY19
AND TRANSPORT THE PERSON TO AN OUTPATIENT MENTAL HEALTH20
FACILITY OR A FACILITY DESIGNATED BY THE COMMISSIONER OR OTHER21
CLINICALLY APPROPRIATE FACILITY DESIGNATED BY THE COMMISSIONER .22
I
F SUCH A SERVICE IS NOT AVAILABLE, THE PERSON MAY BE TAKEN TO AN23
EMERGENCY MEDICAL SERVICES FACILITY .24	(b) AN INDIVIDUAL MAY NOT BE TRANSPORTED PURSUANT TO THIS25
SUBSECTION (1) IF AN INTERVENING PROFESSIONAL HAS ASSESSED THE26
PERSON DURING THE SAME EMERGENCY EVENT AND DETERMINED THE27
1256
-28- INDIVIDUAL DOES NOT MEET THE CRITERIA FOR AN EMERGENCY MENTAL1
HEALTH HOLD PURSUANT TO SECTION 27-65-106.2
(c) IF A BEHAVIORAL HEATH CRISIS RESPONSE TEAM IS KNOWN TO3
BE AVAILABLE IN A TIMELY MANNER , THE CERTIFIED PEACE OFFICER OR4
EMERGENCY MEDICAL SERVICES PROVIDER SHALL ACCESS THE5
BEHAVIORAL HEALTH CRISIS RESPONSE TEAM PRIOR TO TRANSPORTING AN6
INDIVIDUAL INVOLUNTARILY PURSUANT TO THIS SUBSECTION (1).7
(2)  W
HEN A PERSON IS TRANSPORTED AGAINST THE PERSON 'S WILL8
PURSUANT TO SUBSECTION (1) OF THIS SECTION, THE FACILITY SHALL9
REQUIRE AN APPLICATION, IN WRITING, STATING THE CIRCUMSTANCES10
UNDER WHICH THE PERSON'S CONDITION WAS CALLED TO THE ATTENTION11
OF THE CERTIFIED PEACE OFFICER OR EMERGENCY MEDICAL SERVICES12
PROVIDER AND FURTHER STATING SUFFICIENT FACTS , OBTAINED FROM13
PERSONAL OBSERVATIONS OR OBTAINED FROM OTHERS WHOM THE14
CERTIFIED PEACE OFFICER OR EMERGENCY MEDICAL SERVICES PROVIDER15
REASONABLY BELIEVES TO BE RELIABLE, TO ESTABLISH THAT THE PERSON16
IS EXPERIENCING A BEHAVIORAL HEALTH CRISIS OR IS GRAVELY DISABLED17
AND, AS A RESULT, IT IS BELIEVED THAT WITHOUT PROFESSIONAL18
INTERVENTION THE PERSON MAY BE A DANGER TO THE PERSON 'S SELF OR19
OTHERS. THE APPLICATION MUST INDICATE THE NAME OF THE PERSON AND20
THE TIME THE PERSON WAS TRANSPORTED . A COPY OF THE APPLICATION21
MUST BE FURNISHED TO THE PERSON BEING TRANSPORTED .22
(3)  O
NCE THE PERSON IS PRESENTED TO 
AN OUTPATIENT MENTAL23
HEALTH FACILITY OR FACILITY DESIGNATED BY THE COMMISSIONER , AN24
INTERVENING PROFESSIONAL SHALL SCREEN THE PERSON IMMEDIATELY .25
I
F AN INTERVENING PROFESSIONAL IS NOT IMMEDIATELY AVAILABLE , THE26
PERSON MUST BE SCREENED WITHIN EIGHT HOURS AFTER THE PERSON 'S27
1256
-29- ARRIVAL AT THE FACILITY TO DETERMINE IF THE PERSON MEETS CRITERIA1
FOR AN EMERGENCY MENTAL HEALTH HOLD PURSUANT TO SECTION2
27-65-106.
 ONCE THE SCREENING IS COMPLETED AND IF THE PERSON3
MEETS THE CRITERIA, THE INTERVENING PROFESSIONAL SHALL FIRST4
PURSUE VOLUNTARY TREATMENT AND EVALUATION . IF THE PERSON5
REFUSES OR THE INTERVENING PROFESSIONAL HAS REASONABLE GROUNDS6
TO BELIEVE THE PERSON WILL NOT REMAIN VOLUNTARILY , THE7
INTERVENING PROFESSIONAL MAY PLACE THE PERSON UNDER AN8
EMERGENCY MENTAL HEALTH HOLD PURSUANT TO SECTION 27-65-106.9
(4) (a)  A
 PERSON DETAINED PURSUANT TO THIS SECTION 
AT AN10
OUTPATIENT MENTAL HEALTH FACILITY OR FACILITY DESIGNATED BY THE11
COMMISSIONER, HAS THE FOLLOWING RIGHTS WHILE BEING DETAINED ,12
WHICH MUST BE EXPLAINED TO THE PERSON BEFORE BEING TRANSPORTED13
TO A RECEIVING FACILITY:14
(I)  T
O NOT BE DETAINED 
UNDER AN EMERGENCY TRANSPORTATION15
HOLD PURSUANT TO THIS SECTION FOR LONGER THAN FOURTEEN HOURS ,16
TO NOT BE TRANSPORTED FOR LONGER THAN SIX HOURS , AND TO RECEIVE17
A SCREENING WITHIN EIGHT HOURS AFTER BEING PRESENTED TO THE18
RECEIVING FACILITY. THIS SUBSECTION (4)(a)(I) DOES NOT PROHIBIT A19
FACILITY FROM HOLDING THE PERSON AS AUTHORIZED BY STATE AND20
FEDERAL LAW, INCLUDING THE FEDERAL "EMERGENCY MEDICAL21
TREATMENT AND LABOR ACT", 42 U.S.C. SEC. 1395dd, OR IF THE22
TREATING PROFESSIONAL DETERMINES THAT THE INDIVIDUAL'S PHYSICAL23
OR MENTAL HEALTH DISORDER IMPAIRS THE PERSON 'S ABILITY TO MAKE24
AN INFORMED DECISION TO REFUSE CARE AND THE PROVIDER DETERMINES25
THAT FURTHER CARE IS INDICATED.26
(II)  T
O REQUEST A PHONE CALL TO AN INTERESTED PARTY PRIOR27
1256
-30- TO BEING TRANSPORTED. IF THE CERTIFIED PEACE OFFICER OR EMERGENCY1
MEDICAL SERVICES PROVIDER BELIEVES ACCESS TO A PHONE POSES A2
PHYSICAL DANGER TO THE PERSON OR SOMEONE ELSE , THE RECEIVING3
FACILITY SHALL MAKE THE CALL ON THE PERSON 'S BEHALF IMMEDIATELY4
UPON ARRIVAL AT THE RECEIVING FACILITY .5
(III)  
 TO WEAR THE PERSON'S OWN CLOTHES AND KEEP AND USE6
PERSONAL POSSESSIONS THAT THE PERSON HAD IN THE PERSON 'S7
POSSESSION AT THE TIME OF 
DETAINMENT. A FACILITY MAY TEMPORARILY8
RESTRICT A PERSON'S ACCESS TO PERSONAL CLOTHING OR PERSONAL9
POSSESSIONS UNTIL A SAFETY ASSESSMENT IS COMPLETED . IF THE FACILITY10
RESTRICTS A PERSON'S ACCESS TO PERSONAL CLOTHING OR PERSONAL11
POSSESSIONS, THE FACILITY SHALL HAVE A DISCUSSION WITH THE PERSON12
ABOUT WHY THE PERSON'S PERSONAL CLOTHING OR PERSONAL13
POSSESSIONS ARE BEING RESTRICTED. A LICENSED MEDICAL PROFESSIONAL14
OR A LICENSED BEHAVIORAL HEALTH PROFESSIONAL SHALL CONDUCT A15
SAFETY ASSESSMENT AS SOON AS POSSIBLE. THE LICENSED PROFESSIONAL16
SHALL DOCUMENT IN THE PERSON'S MEDICAL RECORD THE SPECIFIC17
REASONS WHY IT IS NOT SAFE FOR THE PERSON TO POSSESS THE PERSON'S18
PERSONAL CLOTHING OR PERSONAL POSSESSIONS .19
(IV) TO KEEP AND USE THE PERSON'S CELL PHONE, UNLESS ACCESS20
TO THE CELL PHONE CAUSES THE PERSON TO DESTABILIZE OR CREATES A21
DANGER TO THE PERSON'S SELF OR OTHERS, AS DETERMINED BY A22
PROVIDER, FACILITY STAFF MEMBER, OR SECURITY PERSONNEL INVOLVED23
IN THE PERSON'S CARE;24
(V)  TO HAVE APPROPRIATE ACCESS TO ADE QUATE WATER AND25
FOOD AND TO HAVE THE PERSON'S NUTRITIONAL NEEDS MET IN A MANNER26
THAT IS CONSISTENT WITH RECOGNIZED DIETARY PRACTICES ;27
1256
-31- (VI)   TO BE TREATED FAIRLY, WITH RESPECT AND RECOGNITION OF1
THE PERSON'S DIGNITY AND INDIVIDUALITY; AND2
(VII)  TO FILE A GRIEVANCE WITH THE BHA, THE DEPARTMENT OF3
PUBLIC HEALTH AND ENVIRONMENT, OR THE OFFICE OF THE OMBUDSMAN4
FOR BEHAVIORAL HEALTH ACCESS TO CARE ESTABLISHED PURSUANT TO5
PART 3 OF ARTICLE 80 OF TITLE 27.6
(b)  A
 PERSON'S RIGHTS PURSUANT TO SUBSECTION (4)(a) OF THIS7
SECTION MAY ONLY BE DENIED IF ACCESS TO THE ITEM , PROGRAM, OR8	SERVICE CAUSES THE PERSON TO DESTABILIZE OR CREATES A DANGER TO9
THE PERSON'S SELF OR OTHERS, AS DETERMINED BY A LICENSED PROVIDER10
INVOLVED IN THE PERSON'S CARE OR TRANSPORTATION. DENIAL OF ANY11
RIGHT MUST BE ENTERED INTO THE PERSON 'S TREATMENT RECORD OR12
BHA-APPROVED FORM. INFORMATION PERTAINING TO A DENIAL OF RIGHTS13
CONTAINED IN THE PERSON 'S TREATMENT RECORD MUST BE MADE14
AVAILABLE, UPON REQUEST, TO THE PERSON, THE PERSON'S ATTORNEY, OR15
THE PERSON'S LAY PERSON.16
          27-65-108.  Care coordination for persons certified or17
in need of ongoing treatment. (1) A FACILITY DESIGNATED BY THE18
COMMISSIONER SHALL NOTIFY AND ENGAGE THE BHA PRIOR TO19
TERMINATING OR TRANSFERRING A PERSON CERTIFIED PURSUANT TO20
SECTION 27-65-109, 27-65-110, OR 27-65-111. THE BHA MAY PROVIDE21
CARE COORDINATION SERVICES TO SUPPORT A PERSON WHOSE22
CERTIFICATION IS TERMINATED BUT WHO IS IN NEED OF ONGOING23
TREATMENT AND SERVICES.24
(2) THE BHA SHALL, DIRECTLY OR THROUGH CONTRACT, PROVIDE25
CARE COORDINATION SERVICES TO A PERSON CERTIFIED PURSUANT TO26
SECTION 27-65-109, 27-65-110, OR 27-65-111 AND DETERMINED BY THE27
1256
-32- DESIGNATED FACILITY AND THE BHA TO NEED CARE COORDINATION1
SERVICES.2
27-65-109.  Certification for short-term treatment - procedure.3
(1)  [Formerly 27-65-107 (1)] If a person detained for seventy-two hours4
pursuant to the provisions of section 27-65-105 or a respondent under5
court order for evaluation pursuant to section 27-65-106 has received an6
evaluation, he or she THE PERSON may be certified for not more than three7
months of FOR short-term treatment under the following conditions:8
(a)  The professional staff of the agency or facility providing9
seventy-two-hour treatment and evaluation has analyzed the person's10
condition and has found the person has a mental health disorder and, as11
a result of the mental health disorder, is a danger to others or to himself12
or herself THE PERSON'S SELF or is gravely disabled;13
(b)  The person has been advised of the availability of, but has not14
accepted, voluntary treatment; but, if reasonable grounds exist to believe15
that the person will not remain in a voluntary treatment program, his or16
her THE PERSON'S acceptance of voluntary treatment shall DOES not17
preclude certification; 
AND18
(c)  The facility which
 THAT will provide short-term treatment has19
been designated or approved by the executive director COMMISSIONER to20
provide such treatment.21
(2) [Formerly 27-65-107 (2)] The notice of certification must be22
signed by a professional person on the staff of the evaluation facility who23
participated in the evaluation and must:24
(a)  State facts sufficient to establish reasonable grounds to believe25
that the person has a mental health disorder and, as a result of the mental26
health disorder, is a danger to others or to himself or herself THE PERSON'S27
1256
-33- SELF or is gravely disabled; The certification must1
(b)  Be filed with the court within forty-eight hours, excluding2
Saturdays, Sundays, and court holidays, of the date of certification; The3
certification must AND4
(c)  Be filed with the court in the county in which the respondent5
resided or was physically present immediately prior to being taken into6
custody.7
(3) [Formerly 27-65-107 (3)] Within twenty-four hours of AFTER8
certification, copies of the certification shall MUST be personally delivered9
to the respondent, and a copy shall MUST be kept by the evaluation facility10
as part of the person's RESPONDENT'S record. The respondent shall MUST11
also be asked to designate one other person whom he or she THE12
RESPONDENT wishes informed regarding certification. If he or she THE13
RESPONDENT is incapable of making such a designation at the time the14
certification is delivered, he or she shall THE RESPONDENT MUST be asked15
to designate such person as soon as he or she THE RESPONDENT is capable.16
In addition to the copy of the certification, the respondent shall MUST be17
given a written notice that a hearing upon his or her THE RESPONDENT'S18
certification for short-term treatment may be had before the court or a jury19
upon written request directed to the court pursuant to subsection (6) of20
this section.21
(4) [Formerly 27-65-107 (4)] Upon certification of the22
respondent, the facility designated for short-term treatment shall have HAS23
custody of the respondent.24
(5) [Formerly 27-65-107 (5)] Whenever a certification is filed25
with the court 
BY A PROFESSIONAL PERSON, the court if it has not already
26
done so under section 27-65-106 (10), shall forthwith IMMEDIATELY27
1256
-34- appoint an attorney to represent the respondent. The court shall determine1
whether the respondent is able to afford an attorney. If the respondent2
cannot afford counsel, the court shall appoint either counsel from the3
legal services program operating in that jurisdiction or private counsel to4
represent the respondent. THE RESPONDENT HAS THE RIGHT TO AN5
ATTORNEY FOR ALL PROCEEDINGS CONDUCTED PURSUANT TO THIS6
SECTION, INCLUDING ANY APPEALS . The attorney representing the7
respondent shall MUST be provided with a copy of the certification8
immediately upon his or her THE ATTORNEY'S appointment. Waiver of9
counsel must be knowingly and intelligently made in writing and filed10
with the court by the respondent. In the event that a respondent who is11
able to afford an attorney fails to pay the appointed counsel, such counsel,12
upon application to the court and after appropriate notice and hearing,13
may obtain a judgment for reasonable attorney fees against the respondent14
or person making request for such counsel or both the respondent and15
such person THE RESPONDENT MAY ONLY WAIVE COUNSEL WHEN THE16
RESPONDENT MAKES A KNOWING AND INTELLIGENT WAIVER IN FRONT OF17
THE COURT.18
(6) [Formerly 27-65-107 (6)] The respondent for short-term19
treatment or his or her THE RESPONDENT'S attorney may at any time file20
a written request that the certification for short-term treatment or the21
treatment be reviewed by the court or that the treatment be on an22
outpatient basis. If review is requested, the court shall hear the matter23
within ten days after the request, and the court shall give notice to the24
respondent and his or her THE RESPONDENT'S attorney and the certifying25
and treating professional person of the time and place thereof. The26
hearing shall MUST be held in accordance with section 27-65-111 SECTION27
1256
-35- 27-65-113. At the conclusion of the hearing, the court may enter or1
confirm the certification for short-term treatment, discharge the2
respondent, or enter any other appropriate order, subject to available3
appropriations.4
(7) [Formerly 27-65-107 (7)] Records and papers in proceedings5
under this section and section 27-65-108 shall MUST be maintained6
separately by the clerks of the several courts. Upon the release of any7
respondent in accordance with the provisions of section 27-65-1108
SECTION 27-65-112, the facility shall notify the clerk of the court within9
five days of AFTER the release, and the clerk shall forthwith seal the10
record in the case and omit the name of the respondent from the index of11
cases in such THE court until and unless the respondent becomes subject12
to an order of long-term care and treatment pursuant to section 27-65-10913
SECTION 27-65-110 or until and unless the court orders them opened for14
good cause shown. In the event a petition is filed pursuant to section15
27-65-109, such SECTION 27-65-110, THE certification record may be16
opened and become a part of the record in the long-term care and17
treatment case and the name of the respondent indexed.18
(8) [Formerly 27-65-107 (8)] Whenever it appears to the court, by19
reason of a report by the treating professional person or any other report20
satisfactory to the court, that a respondent detained for evaluation and21
treatment or certified for treatment should be transferred to another22
facility for treatment and the safety of the respondent or the public23
requires that the respondent be transported by 
A secure transportation as
24
defined in section 25-3.5-103 (11.4) PROVIDER, or a sheriff, LAW25
ENFORCEMENT AGENCY, the court may issue an order directing the sheriff26
or the sheriff's designee, LAW ENFORCEMENT AGENCY WHERE THE27
1256
-36- RESPONDENT RESIDES to deliver the respondent to the designated facility.1
(9)  A
 RESPONDENT CERTIFIED FOR SHORT-TERM TREATMENT MAY2
BE DISCHARGED UPON THE SIGNATURE OF THE TREATING MEDICAL3
PROFESSIONAL AND THE MEDICAL DIRECTOR OF THE FACILITY . A4
RESPONDENT CERTIFIED FOR SHORT-TERM TREATMENT ON AN OUTPATIENT5
BASIS MAY BE DISCHARGED UPON THE SIGNATURE OF THE APPROVED6
PROFESSIONAL PERSON OVERSEEING THE RESPONDENT 'S TREATMENT, AND7
THE PROFESSIONAL PERSON SHALL NOTIFY THE BHA PRIOR TO THE8
DISCHARGE. A FACILITY OR PROGRAM SHALL MAKE THE RESPONDENT 'S9
DISCHARGE 
INSTRUCTIONS AVAILABLE TO THE RESPONDENT , THE10
RESPONDENT'S ATTORNEY, AND THE RESPONDENT'S LEGAL GUARDIAN, IF11
APPLICABLE, WITHIN SEVEN DAYS AFTER DISCHARGE , IF REQUESTED. A12
FACILITY OR PROGRAM THAT IS TRANSFERRING A RESPONDENT TO A13
DIFFERENT TREATMENT FACILITY OR TO AN OUTPATIENT PROVIDER SHALL14
PROVIDE ALL TREATMENT RECORDS TO THE FACILITY OR PROVIDER15
ACCEPTING THE RESPONDENT AT LEAST TWENTY -FOUR HOURS PRIOR TO16
THE TRANSFER.17
(10) [Formerly 27-65-108] If the professional person in charge of18
the evaluation and treatment believes that a period longer than three19
months is necessary for treatment of the respondent, he or she THE20
PROFESSIONAL PERSON shall file with the court an extended certification.21
No Extended certification for treatment shall be IS NOT for a period of22
more than three months. The respondent shall be IS entitled to a hearing23
on the extended certification under the same conditions as in an original24
certification. The attorney initially representing the respondent shall25
continue to represent that person THE RESPONDENT, unless the court26
appoints another attorney.27
1256
-37- 27-65-110.  Long-term care and treatment of persons with1
mental health disorders - procedure. (1) [Formerly 27-65-1092
(1)] Whenever a respondent has received short-term treatment for five3
consecutive months pursuant to the provisions of sections 27-65-107 and4
27-65-108 AN EXTENDED CERTIFICATION FOR TREATMENT PURSUANT5
SECTION 27-65-109 (10), the professional person in charge of the6
evaluation and treatment CERTIFICATION FOR SHORT-TERM TREATMENT OR7
THE BHA may file a petition with the court AT LEAST THIRTY DAYS PRIOR8
TO THE EXPIRATION DATE OF THE EXTENDED CERTIFICATION for long-term9
care and treatment of the respondent under the following conditions:10
(a)  The professional staff of the agency or facility providing11
short-term treatment has analyzed the respondent's condition and has12
found that the respondent has a mental health disorder and, as a result of13
the mental health disorder, is a danger to others or to himself or herself14
THE RESPONDENT'S SELF OR OTHERS or is gravely disabled;15
(b)  The respondent has been advised of the availability of, but has16
not accepted, voluntary treatment; but, if reasonable grounds exist to17
believe that the respondent will not remain in a voluntary treatment18
program, his or her THE RESPONDENT'S acceptance of voluntary treatment19
shall DOES not preclude an order pursuant to this section; AND20
(c)  The facility that will provide long-term care and treatment has21
been designated or approved by the executive director BY THE22
COMMISSIONER to provide the care and treatment.23
(2) [Formerly 27-65-109 (2)] Every petition for long-term care24
and treatment shall MUST include a request for a hearing before the court25
prior to the expiration of six months from AFTER the date of original26
certification 
AND PROVIDE A RECOMMENDATION AS TO WHETHER THE27
1256
-38- CERTIFICATION FOR LONG-TERM CARE AND TREATMENT SHOULD TAKE1
PLACE ON AN INPATIENT OR OUTPATIENT BASIS . A copy of the petition2
shall MUST be delivered personally to the respondent for whom long-term3
care and treatment is sought and mailed to his or her ELECTRONICALLY4
DELIVERED TO THE RESPONDENT'S attorney of record simultaneously with5
the filing. thereof.6
(3) [Formerly 27-65-109 (3)] Within ten days after receipt of the7
petition, the respondent or his or her THE RESPONDENT'S attorney may8
request 
A HEARING BEFORE THE COURT OR a jury trial by filing a written9
request therefor
 with the court.10
(4) [Formerly 27-65-109 (4)] The court or jury shall determine11
whether the conditions of subsection (1) of this section are met and12
whether the respondent has a mental health disorder and, as a result of the13
mental health disorder, is a danger to others or to himself or herself THE14
RESPONDENT'S SELF OR OTHERS or is gravely disabled. The court shall15
thereupon issue an order of long-term care and treatment for a term not16
to exceed six months, or it shall discharge the respondent for whom17
long-term care and treatment was sought, or it shall enter any other18
appropriate order. subject to available appropriations. An order for19
long-term care and treatment must grant custody of the respondent to the20
department BHA for placement with an agency or facility designated by21
the executive director COMMISSIONER to provide long-term care and22
treatment. T
HE 
BHA MAY DELEGATE THE PHYSICAL CUSTODY OF THE23
RESPONDENT TO A FACILITY DESIGNATED BY THE COMMISSIONER AND THE24
REQUIREMENT FOR THE PROVISION OF SERVICES AND CARE COORDINATION .25
When a petition contains a request that a specific legal disability be26
imposed or that a specific legal right be deprived, the court may order the27
1256
-39- disability imposed or the right deprived if the court or a jury has1
determined that the respondent has a mental health disorder or is gravely2
disabled and that, by reason thereof AS A RESULT, the person RESPONDENT3
is unable to competently exercise said THE SPECIFIC LEGAL right or4
perform the function as to FOR which the disability is sought to be5
imposed. Any interested person may ask leave of the court to intervene6
as a copetitioner for the purpose of seeking the imposition of a legal7
disability or the deprivation of a legal right.8
(5) [Formerly 27-65-109 (5)] An original order of long-term care9
and treatment or any extension of such order expires on the date10
specified, unless further extended as provided in this subsection (5). If an11
extension is being sought, the professional person in charge of the12
evaluation and treatment shall certify to the court at least thirty days prior13
to the expiration date of the order in force that an extension of the order14
is necessary for the care and treatment of the respondent subject to the15
order in force, and a copy of the certification must be 
SIMULTANEOUSLY16
delivered to the respondent and simultaneously mailed to his or her
17
ELECTRONICALLY DELIVERED TO THE RESPONDENT 'S attorney of record.18
At least twenty days before the expiration of the order, the court shall19
give written notice to the respondent and his or her THE RESPONDENT'S20
attorney of record that a hearing upon the extension may be had before21
the court or a jury upon written request to the court within ten days after22
receipt of the notice. If a hearing is not requested by the respondent23
within such time, the court may proceed ex parte. If a hearing is timely24
requested, it THE HEARING must be held before the expiration date of the25
order in force. If the court or jury finds that the conditions of subsection26
(1) of this section continue to be met and that the respondent has a mental27
1256
-40- health disorder and, as a result of the mental health disorder, is a danger1
to others or to himself or herself THE RESPONDENT'S SELF or is gravely2
disabled, the court shall issue an extension of the order. Any extension3
must not exceed six months, but there may be as many extensions as the4
court orders pursuant to this section.5
(6)  A
 RESPONDENT CERTIFIED FOR LONG -TERM CARE AND6
TREATMENT MAY BE DISCHARGED FROM THE FACILITY UPON THE7
SIGNATURE OF THE TREATING PROFESSIONAL PERSON AND MEDICAL8
DIRECTOR OF THE FACILITY, AND THE FACILITY SHALL NOTIFY THE BHA9
PRIOR TO THE RESPONDENT'S DISCHARGE. THE FACILITY SHALL MAKE THE10
RESPONDENT'S DISCHARGE 
INSTRUCTIONS AVAILABLE TO THE11
RESPONDENT, THE RESPONDENT'S ATTORNEY, THE RESPONDENT'S LAY12
PERSON, AND THE RESPONDENT'S LEGAL GUARDIAN, IF APPLICABLE, WITHIN13
ONE WEEK AFTER DISCHARGE , IF REQUESTED. A FACILITY THAT IS14
TRANSFERRING A RESPONDENT TO A DIFFERENT FACILITY OR TO AN15
OUTPATIENT PROGRAM SHALL PROVIDE ALL TREATMENT RECORDS TO THE16
FACILITY OR PROVIDER ACCEPTING THE RESPONDENT AT LEAST17
TWENTY-FOUR HOURS PRIOR TO THE TRANSFER .18
27-65-111.  Certification on an outpatient basis - short-term19
and long-term care. (1)  A
NY RESPONDENT 
CERTIFIED PURSUANT TO20
SECTION 27-65-109 OR 27-65-110 MAY BE PROVIDED TREATMENT ON AN21
OUTPATIENT BASIS. THE OUTPATIENT TREATMENT PROVIDER SHALL22
DEVELOP A TREATMENT PLAN FOR THE RESPONDENT RECEIVING23
TREATMENT ON AN OUTPATIENT BASIS WITH THE GOAL OF THE24
RESPONDENT FINDING AND SUSTAINING RECOVERY	. THE TREATMENT PLAN25
MUST INCLUDE MEASURES TO KEEP THE RESPONDENT OR OTHERS SAFE , AS26
INFORMED BY THE RESPONDENT 'S NEED FOR CERTIFICATION . THE27
1256
-41- TREATMENT PLAN MAY INCLUDE , BUT IS NOT LIMITED TO:1
(a)  I
NTENSIVE CASE MANAGEMENT ;2
(b)  A
SSERTIVE COMMUNITY TREATMENT ;3
(c)  P
EER RECOVERY SERVICES;4
(d)  I
NDIVIDUAL OR GROUP THERAPY ;5
(e)  D
AY OR PARTIAL-DAY PROGRAMMING ACTIVITIES ;6
(f)  I
NTENSIVE OUTPATIENT PROGRAMS ;7
(g)  E
DUCATIONAL AND VOCATIONAL TRAINING OR ACTIVITIES ; AND8
(h)  H
OUSING AND TRANSPORTATION ASSISTANCE .9
(2) THE RESPONDENT, THE RESPONDENT'S LEGAL GUARDIAN, THE10
RESPONDENT'S PATIENT REPRESENTATIVE OR THE RESPONDENT 'S LAY11
PERSON, OR ANY PARTY AT ANY COURT HEARING MAY CONTEST A12
RESPONDENT'S TREATMENT REGIMEN , INCLUDING COURT -ORDERED13
MEDICATIONS, AT ANY COURT HEARING RELATED TO THE RESPONDENT 'S14
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 
BHA AND THE PROVIDER HOLDING THE24
CERTIFICATION. THE RESPONDENT DOES NOT NEED TO BE IMMINENTLY25
DANGEROUS TO THE RESPONDENT 'S SELF OR OTHERS FOR THE PROVIDER TO26
REQUEST, AND THE COURT TO ORDER, TRANSPORTATION TO A FACILITY27
1256
-42- FOR THE RESPONDENT TO RECEIVE TREATMENT AND COURT -ORDERED1
MEDICATIONS. THE FACILITY RESPONSIBLE FOR PROVIDING SERVICES TO A2
RESPONDENT ON A CERTIFICATION ON AN OUTPATIENT BASIS SHALL3
PROVIDE THE COURT INFORMATION ON THE FACILITY 'S PROACTIVE4
OUTREACH TO THE RESPONDENT AND THE PROFESSIONAL PERSON 'S AND5
PSYCHIATRIC ADVANCED PRACTICE REGISTERED NURSE 'S BASIS FOR6
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
27-65-109 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
1256
-43- (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
1256
-44- 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
1256
-45- 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 27-65-109 OR 27-65-110 are8
conducted in the same manner as other civil proceedings before the court.9
The burden of proof is on the person or facility seeking to detain the10
respondent. The court or jury shall determine that the respondent is in11
need of care and treatment only if the court or jury finds by clear and12
convincing evidence that the person RESPONDENT has a mental health13
disorder and, as a result of the mental health disorder, is a danger to14
others or to himself or herself THE RESPONDENT'S SELF OR OTHERS or is15
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
1256
-46- 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
BHA pursuant to section 16-8-103.5 (5), 16-8-105 (4), or 16-8-105.5,17
C.R.S., or the court of the jurisdiction in which the designated facility18
treating the respondent or person is located shall have HAS jurisdiction19
and venue to accept a petition by a treating physician and to enter an order20
requiring that the respondent or person accept such treatment or, in the21
alternative, 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 BHA. Upon the filing of such a petition, the court shall26
appoint an attorney, if one has not been appointed, to represent the27
1256
-47- respondent or 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 BHA6
pursuant to section 16-8-103.5 (5), 16-8-105 (4), or 16-8-105.5, C.R.S.,7
shall either reimburse the county in which the proceeding pursuant to this8
subsection (5) was filed and in which the proceeding was held for the9
reasonable costs incurred in conducting the proceeding or conduct the10
proceeding itself using its own personnel and resources, including its own11
district or 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
1256
-48- 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
1256
-49- 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
1256
-50- 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 BHA shall adopt regulations PROMULGATE18
RULES to assure that each agency or facility providing AN evaluation, care,19
or treatment shall require REQUIRES the following:20
(a)  Consent for specific therapies and major medical treatment in21
the nature of surgery. The nature of the consent, by whom it is given, and22
under what conditions, shall be IS determined by rules of the department23
BHA.24
(b)  The order of a physician for any treatment or specific therapy25
based on appropriate medical examinations;26
(c)  Notation in the patient's treatment record of periodic27
1256
-51- examinations, evaluations, orders for treatment, and specific therapies,1
signed by personnel involved;2
(d)  Conduct according to the guidelines contained in the3
regulations of the federal government and the department RULES OF THE4
BHA with regard to clinical investigations, research, experimentation,5
and testing of any kind; and6
(e)  Documentation of the findings, conclusions, and decisions in7
any administrative review of a decision to release or withhold the8
information requested by a family member 
OR LAY PERSON pursuant to9
section 27-65-121 (1)(g) or (1)(h)
 SECTION 27-65-123 (1)(g) OR (1)(h) and10
documentation of any information given to a family member 
OR LAY11
PERSON.12
27-65-119. [Formerly 27-65-117] Rights of persons receiving13
care or treatment. (1)  Each person receiving evaluation, care, or14
treatment under
 PURSUANT TO any provision of this article ARTICLE 65 has15
the following rights and shall be advised of such rights by the facility:16
(a)  To receive and send sealed correspondence. No incoming or17
outgoing correspondence shall be opened, delayed, held, or censored by18
the personnel of the facility.19
(b)  To have access to letter-writing materials, including postage,20
and to have staff members of the facility assist him or her THE PERSON if21
THE PERSON IS unable to write, prepare, and mail correspondence;22
(c)  To have ready access to telephones, both to make and to23
receive calls in privacy;24
(d)  To have frequent and convenient opportunities to meet with25
visitors. Each person may see his or her THE PERSON'S attorney,26
clergyman, CLERGYPERSON, or physician at any time.27
1256
-52- (e)  To wear his or her THE PERSON'S own clothes, keep and use his1
or her THE PERSON'S own personal possessions, and keep and be allowed2
to spend a reasonable sum of his or her THE PERSON'S own money.3
(2)  A person's rights under subsection (1) of this section may be4
denied for good cause only by the professional person providing5
treatment. Denial of any right shall MUST in all cases be entered into the6
person's treatment record. Information pertaining to a denial of rights7
contained in the person's treatment record shall MUST be made available,8
upon request, to the person, or his or her THE PERSON'S attorney.9
(3)  No person admitted to or in a facility shall be fingerprinted10
unless required by other provisions of law.11
(4)  A person may be photographed upon admission for12
identification and the administrative purposes of the facility. The13
photographs shall be ARE confidential and shall MUST not be released by14
the facility except pursuant to court order. No other nonmedical15
photographs shall MAY be taken or used without appropriate consent or16
authorization.17
(5)  Any person receiving evaluation or treatment under PURSUANT18
TO any of the provisions of this article ARTICLE 65 is entitled to a written19
copy of all his or her THE PERSON'S rights enumerated in this section, and20
a minor child shall receive written notice of his or her THE MINOR'S rights21
as provided in section 27-65-103 (7)(g) SECTION 27-65-104 (6)(g). A list22
of such rights shall MUST be prominently posted in all evaluation and23
treatment facilities.24
27-65-120. [Formerly 27-65-118] Administration or monitoring25
of medications to persons receiving treatment. The executive director26
COMMISSIONER has the power to direct the administration or monitoring27
1256
-53- of medications in conformity with part 3 of article 1.5 of title 25 C.R.S.,1
to persons receiving treatment in facilities created DESIGNATED pursuant2
to this article ARTICLE 65.3
27-65-121. [Formerly 27-65-119] Employment of persons in a4
facility - rules. The department BHA shall adopt rules governing the5
employment and compensation therefor of FOR THE ADMINISTRATION OF6
CARE OR TREATMENT TO persons receiving care or treatment under any7
provision of this article PURSUANT TO THIS ARTICLE 65. The department8
BHA shall establish standards for reasonable compensation for such9
employment.10
27-65-122. [Formerly 27-65-120] Voting in public elections.11
Any person receiving evaluation, care, or treatment under PURSUANT TO12
this article shall ARTICLE 65 MUST be given the opportunity to exercise his13
or her THE PERSON'S right to register and to vote in primary and general14
elections. The agency or facility providing evaluation, care, or treatment15
shall assist such persons THE PERSON, upon their THE PERSON'S request,16
to obtain voter registration forms and mail ballots and to comply with any17
other prerequisite for voting.18
27-65-123. [Formerly 27-65-121] Records. (1)  Except as19
provided in subsection (2) of this section, all information obtained and20
records prepared in the course of providing any services pursuant to this21
article 65 to individuals ANY PERSON pursuant to any provision of this22
article 65 are confidential and privileged matter. The information and23
records may be disclosed only:24
(a)  In communications between qualified professional personnel25
in the provision of services or appropriate referrals;26
(b)  When the recipient of services designates persons to whom27
1256
-54- information or records may be released; but, if a recipient of services is1
a ward or conservatee and his or her THE WARD'S OR CONSERVATEE'S2
guardian or conservator designates, in writing, persons to whom records3
or information may be disclosed, the designation shall be IS valid in lieu4
of the designation by the recipient; except that nothing in this section5
shall be construed to compel COMPELS a physician, psychologist, social6
worker, nurse, attorney, or other professional personnel to reveal7
information that has been given to him or her THE PERSON in confidence8
by members of a patient's family or other informants;9
(c)  To the extent necessary to make claims on behalf of a recipient10
of aid, insurance, or medical assistance to which he or she THE RECIPIENT11
may be entitled;12
(d)  If the department BHA has promulgated rules for the conduct13
of research. Such rules shall MUST include, but ARE not be limited to, the14
requirement that all researchers must sign an oath of confidentiality. All15
identifying information concerning individual patients, including names,16
addresses, telephone numbers, and social security numbers, shall MUST17
not be disclosed for research purposes.18
(e)  To the courts, as necessary to FOR the administration of the19
provisions of this article ARTICLE 65;20
(f)  To persons authorized by an order of court after notice and21
opportunity for hearing to the person to whom the record or information22
pertains and the custodian of the record or information pursuant to the23
Colorado rules of civil procedure;24
(g)  To adult family members upon admission of a person with a25
mental health disorder for inpatient or residential care and treatment. The26
only information that may be released pursuant to this subsection (1)(g)27
1256
-55- is the location and fact of admission of the person with a mental health1
disorder who is receiving care and treatment. The disclosure of location2
is governed by the procedures in section 27-65-122 SECTION 27-65-1243
and is subject to review pursuant to section 27-65-122 SECTION4
27-65-124.5
(h)  To adult family members OR A LAY PERSON actively6
participating in the care and treatment of a person with a mental health7
disorder, regardless of the length of the participation. The information8
released pursuant to this subsection (1)(h) is limited to one or more of the9
following: The diagnosis, the prognosis, the need for hospitalization and10
anticipated length of stay, the discharge plan, the medication administered11
and side effects of the medication, and the short-term and long-term12
treatment goals. The disclosure is governed by the procedures in section13
27-65-122 (2) SECTION 27-65-124 (2) and is subject to review pursuant to14
section 27-65-122 SECTION 27-65-124.15
(i)  In accordance with state and federal law to the agency16
designated pursuant to the federal "Protection and Advocacy for17
Individuals with Mental Illness Act", 42 U.S.C. sec. 10801 et seq., as the18
governor's protection and advocacy system for Colorado.19
(2)  Nothing in paragraph (g) or (h) of subsection (1) SUBSECTION20
(1)(g) 
OR (1)(h) of this section shall be deemed to preclude
 PRECLUDES21
the release of information to a parent concerning his or her THE PARENT'S22
minor child.23
(3) (a)  Nothing in this article shall be construed as rendering24
ARTICLE 65 RENDERS privileged or confidential any information, except25
written medical records and information that is privileged under26
PURSUANT TO section 13-90-107, C.R.S., concerning observed behavior27
1256
-56- that constitutes a criminal offense committed upon the premises of any1
facility providing services under this article PURSUANT TO THIS ARTICLE2
65 or any criminal offense committed against any person while3
performing or receiving services under this article PURSUANT TO THIS4
ARTICLE 65.5
(b)  The provisions of Subsection (1) of this section shall DOES not6
apply to physicians or psychologists eligible to testify concerning a7
criminal defendant's mental condition pursuant to section 16-8-103.6.8
C.R.S.9
(4) (a)  All facilities shall maintain and retain permanent records,10
including all applications as required pursuant to section 27-65-105 (3)11
SECTION 27-65-106 (3).12
(b)  Outpatient or ambulatory care facilities shall retain all records13
for a minimum of seven years after discharge from the facility for persons14
who were eighteen years of age or older when admitted to the facility, or15
until twenty-five years of age for persons who were under eighteen years16
of age when admitted to the facility.17
(c)  Inpatient or hospital care facilities shall retain all records for18
a minimum of ten years after discharge from the facility for persons who19
were eighteen years of age or older when admitted to the facility, or until20
twenty-eight years of age for persons who were under eighteen years of21
age when admitted to the facility.22
(5)  Nothing in this section shall be construed to prohibit or limit23
PROHIBITS OR LIMITS the sharing of information by a state institution of24
higher education police department to authorized university25
administrators pursuant to section 23-5-141. C.R.S.26
27-65-124. [Formerly 27-65-122] Request for release of27
1256
-57- information - procedures - review of a decision concerning release of1
information. (1)  When a family member requests the location and fact2
of admission of a person with a mental health disorder pursuant to section3
27-65-121 (1)(g) SECTION 27-65-123 (1)(g), the treating professional4
person or his or her THE PROFESSIONAL PERSON'S designee, who must be5
a professional person, shall decide whether to release or withhold such6
information. The location must be released unless the treating7
professional person or his or her THE PROFESSIONAL PERSON'S designee8
determines, after an interview with the person with a mental health9
disorder, that release of the information to a particular family member10
would not be in the best interests of the person with a mental health11
disorder. Any decision to withhold information requested pursuant to12
section 27-65-121 (1)(g) SECTION 27-65-123 (1)(g) is subject to13
administrative review pursuant to this section upon request of a family14
member or the person with a mental health disorder. The treating facility15
shall make a record of the information given to a family member pursuant16
to this subsection (1). For the purposes of this subsection (1), an adult17
person having a similar relationship to a person with a mental health18
disorder as a spouse, 
LAY PERSON, parent, child, or sibling of a person19
with a mental health disorder may also request the location and fact of20
admission concerning a person with a mental health disorder. 21
(2) (a)  When a family member requests information pursuant to22
section 27-65-121 (1)(h)
 SECTION 27-65-123 (1)(h) concerning a person23
with a mental health disorder, the treating professional person or his or24
her THE PROFESSIONAL PERSON'S designee, shall determine whether the25
person with a mental health disorder is capable of making a rational26
decision in weighing his or her THE PERSON'S confidentiality interests and27
1256
-58- the care and treatment interests implicated by the release of information.1
The treating professional person or his or her THE PROFESSIONAL2
PERSON'S designee shall then determine whether the person with a mental3
health disorder consents or objects to the release of information.4
Information must be released or withheld in the following circumstances:5
(I)  If the treating professional person or his or her THE6
PROFESSIONAL PERSON'S designee makes a finding that the person with a7
mental health disorder is capable of making a rational decision8
concerning his or her THE PERSON'S interests and the person with a mental9
health disorder consents to the release of information, the treating10
professional person or his or her THE PROFESSIONAL PERSON'S designee11
shall order the release of the information unless he or she THE12
PROFESSIONAL PERSON OR THE PROFESSIONAL PERSON 'S DESIGNEE13
determines that the release would not be in the best interests of the person14
with a mental health disorder.15
(II)  If the treating professional person or his or her THE16
PROFESSIONAL PERSON'S designee makes a finding that the person with a17
mental health disorder is capable of making a rational decision18
concerning his or her THE PERSON'S interests and the person with a mental19
health disorder objects to the release of information, the treating20
professional person or his or her THE PROFESSIONAL PERSON'S designee21
shall not order the release of the information.22
(III)  If the treating professional person or his or her THE23
PROFESSIONAL PERSON'S designee makes a finding that the person with a24
mental health disorder is not capable of making a rational decision25
concerning his or her THE PERSON'S interests, the treating professional26
person or his or her THE PROFESSIONAL PERSON'S designee may order the27
1256
-59- release of the information if he or she THE PROFESSIONAL PERSON OR THE1
PROFESSIONAL PERSON'S DESIGNEE determines that the release would be2
in the best interests of the person with a mental health disorder. 3
(IV)  Any determination as to capacity pursuant to this subsection4
(2)(a) must be used only for the limited purpose of this subsection (2)(a).5
(b)  A decision by a treating professional person or his or her THE6
PROFESSIONAL PERSON'S designee concerning the capability of a person7
with a mental health disorder pursuant to subsection (2)(a)(III) of this8
section is subject to administrative review upon the request of the person9
with a mental health disorder. A decision by a treating professional10
person or his or her THE PROFESSIONAL PERSON'S designee to order the11
release or withholding of information pursuant to subsection (2)(a)(III)12
of this section is subject to administrative review upon the request of13
either a family member or the person with a mental health disorder.14
(c)  The director of the treating facility shall make a record of any15
information given to a family member pursuant to subsection (2)(a) of16
this section and section 27-65-121 (1)(h) SECTION 27-65-123 (1)(h). 17
(3)  When administrative review is requested either pursuant to18
subsection (1) or subsection (2)(b) of this section, the director of the19
facility providing care and treatment to the person with a mental health20
disorder shall cause an objective and impartial review of the decision to21
withhold or release information. The director of the facility shall conduct22
the review, if he or she THE DIRECTOR is a professional person. If the23
director is not available or if the director cannot provide an objective and24
impartial review, the review shall MUST be conducted by a professional25
person designated by the director of the facility. The review must include,26
but need not be limited to, an interview with the person with a mental27
1256
-60- health disorder. The facility providing care and treatment shall document1
the review of the decision.2
(4)  If a person with a mental health disorder objects to the release3
or withholding of information, the person with a mental health disorder4
and his or her THE PERSON'S attorney, if any, must be provided with5
information concerning the procedures for administrative review of a6
decision to release or withhold information. The person with a mental7
health disorder must be informed of any information proposed to be8
withheld or released and to whom and be given a reasonable opportunity9
to initiate the administrative review process before information10
concerning his or her THE PERSON'S care and treatment is released.11
(5)  A family member whose request for information is denied12
shall MUST be provided with information concerning the procedures for13
administrative review of a decision to release or withhold information.14
(6)  A person with a mental health disorder may file a written15
request for review by the court of a decision made upon administrative16
review to release information to a family member requested pursuant to17
section 27-65-121 (1)(h) SECTION 27-65-123 (1)(h) and proposed to be18
released pursuant to subsection (2) of this section. If judicial review is19
requested, the court shall hear the matter within ten days after the request,20
and the court shall give notice to the person with a mental health disorder21
and his or her THE PERSON'S attorney, the treating professional person, and22
the person who made the decision upon administrative review of the time23
and place of the hearing. The hearing must be conducted in the same24
manner as other civil proceedings before the court.25
(7)  In order to allow a person with a mental health disorder an26
opportunity to seek judicial review, the treating facility or the treating27
1256
-61- professional person or his or her THE PROFESSIONAL PERSON'S designee1
shall not release information requested pursuant to section 27-65-1212
(1)(h) SECTION 27-65-123 (1)(h) until five days after the determination3
upon administrative review of the director or his or her THE DIRECTOR'S4
designee is received by the person with a mental health disorder, and,5
once judicial review is requested, the treating facility or the treating6
professional person or his or her THE PROFESSIONAL PERSON'S designee7
shall not release information except by court order. However, if the8
person with a mental health disorder indicates an intention not to appeal9
a determination upon administrative review that is adverse to him or her10
THE PERSON concerning the release of information, the information may11
be released less than five days after the determination upon review is12
received by the person with a mental health disorder.13
(8)  This section provides for the release of information only and14
shall not be IS NOT deemed to authorize the release of the written medical15
record without authorization by the patient or as otherwise provided by16
law.17
(9)  For purposes of this section, the treating professional person's18
designee shall be a professional person.19
27-65-125. [Formerly 27-65-123] Treatment in federal20
facilities. (1)  If a person is certified under the provisions of this article21
PURSUANT TO THIS ARTICLE 65 and is eligible for hospital care or22
treatment by an agency of the United States, and if a certificate of23
notification from said THE agency showing that facilities are available and24
that the person is eligible for care or treatment therein, is received, the25
court may order him or her THE PERSON to be placed in the custody of the26
agency for hospitalization. When any person is admitted pursuant to an27
1256
-62- order of court to any hospital or institution operated by any agency of the1
United States within or without OUTSIDE this state, the person shall be IS2
subject to the rules and regulations of the agency. The chief officer of any3
hospital or institution operated by an agency and in which the person is4
so hospitalized shall, with respect to the person, be vested with the same5
powers as the chief officer of the Colorado mental health institute at6
Pueblo with respect to detention, custody, transfer, conditional release, or7
discharge of patients. Jurisdiction shall be IS retained in the appropriate8
courts of this state to inquire into the mental condition of persons A9
PERSON so hospitalized and to determine the necessity for continuance of10
their THE PERSON'S hospitalization.11
(2)  An order of a court of competent jurisdiction of another state,12
territory, or the District of Columbia authorizing hospitalization of a13
person to any agency of the United States shall have HAS the same effect14
as to said THE person while in this state as in the jurisdiction in which the15
court entering the order is situated; the courts of the state or district16
issuing the order shall be deemed to have retained RETAIN jurisdiction of17
the person so hospitalized for the purpose of inquiring into his or her THE18
PERSON'S mental condition and of FOR determining the necessity for19
continuance of his or her THE PERSON'S hospitalization. Consent is hereby20
given to the application of the law of the state or district in which the21
court issuing the order for hospitalization is located, with respect to the22
authority of the chief officer of any hospital or institution operated in this23
state by any agency of the United States to retain custody, to transfer, to24
conditionally release, or to discharge the person hospitalized.25
27-65-126. [Formerly 27-65-124] Transfer of persons into and26
out of Colorado - reciprocal agreements. The transfer of persons A27
1256
-63- PERSON hospitalized voluntarily under the provisions of this article1
PURSUANT TO THIS ARTICLE 65 out of Colorado or under the laws of2
another jurisdiction into Colorado shall be ARE governed by the3
provisions of the interstate compact on mental health.4
27-65-127.  Imposition of legal disability - deprivation of legal5
right - restoration - repeal. (1) (a)  When an interested person wishes to6
obtain a determination as to the imposition of a legal disability or the7
deprivation of a legal right for a person who has a mental health disorder8
and who is a danger to himself or herself or THE PERSON'S SELF OR others,9
is gravely disabled, or is insane, as defined in section 16-8-101, and who10
is not then subject to proceedings pursuant to this article 65 or part 3 or11
part 4 of article 14 of title 15, the interested person may petition the court12
for a specific finding as to the legal disability or deprivation of a legal13
right. Actions commenced pursuant to this subsection (1) may include but14
are not limited to actions to determine contractual rights and rights with15
regard to the operation of motor vehicles.16
(b)  The petition shall MUST set forth the disability to be imposed17
or the legal right to be deprived and the reasons. therefor.18
(2)  The court may impose a legal disability or may deprive a19
person RESPONDENT of a legal right only upon finding both of the20
following:21
(a)  That the respondent is a person with a mental health disorder22
and is a danger to himself or herself THE RESPONDENT'S SELF or others, IS23
gravely disabled, or insane, as defined in section 16-8-101; 
AND24
(b)  That the requested disability or deprivation is both necessary25
and desirable.26(3) (a) BEGINNING JANUARY 1, 2023, THE BHA SHALL PROVIDE27
1256
-64- PERIODIC UPDATES TO THE ADVISORY BOARD RELATED TO THE1
IMPLEMENTATION OF HOUSE BILL 22-1256, INCLUDING UPDATES2
REGARDING WHETHER THE BHA WILL HAVE THE CAPABILITY AND3
CAPACITY TO ASSIST EMERGENCY MEDICAL SERVICES FACILITIES THAT4
TREAT A PERSON UNDER AN EMERGENCY MENTAL HEALTH HOLD FIND5
APPROPRIATE PLACEMENT, WHEN INDICATED, FOR THE PERSON AT AN6
INPATIENT OR OUTPATIENT MENTAL HEALTH FACILITY OR FACILITY7
DESIGNATED BY THE COMMISSIONER .8
(b)  THIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY 1, 2025.9
(4)  To have a legal disability removed or a legal right restored,10
any interested person may file a petition with the court which THAT made11
the original finding. No legal disability shall MAY be imposed nor a legal12
right be deprived for a period of more than six months without a review13
hearing by the court at the end of six months, at which 
TIME the findings14
specified in subsection (2) of this section shall
 MUST be reaffirmed to15
justify continuance of the disability or deprivation. A copy of the petition16
shall MUST be served on the person who filed the original petition, on the17
person whose rights are affected if he or she THE PERSON is not the18
petitioner, and upon the facility where the person whose rights are19
affected resides, if any.20
(5)  Whenever any proceedings are instituted or conducted21
pursuant to this section, the following procedures shall apply:22
(a)  Upon the filing of a petition, the court shall appoint an23
attorney-at-law ATTORNEY to represent the respondent. The respondent24
may replace said THE attorney with an attorney of the respondent's own25
selection CHOOSING at any time. Attorney fees for an indigent respondent26
shall be ARE paid by the court.27
1256
-65- (b)  The court, upon request of an indigent respondent or his or her1
THE RESPONDENT'S attorney, shall appoint, at the court's expense, one or2
more professional persons of the respondent's selection CHOOSING to3
assist the respondent in the preparation of his or her THE RESPONDENT'S4
case.5
(c)  Upon demand made at least five days prior to the date of6
hearing, the respondent shall have HAS the right to a trial of all issues by7
a jury of six.8
(d)  At all times the burden shall be IS upon the person seeking9
imposition of a disability or deprivation of a legal right or opposing10
removal of a disability or deprivation to prove all essential elements by11
clear and convincing evidence.12
(e)  Pending a hearing, the court may issue an order temporarily13
imposing a disability or depriving the respondent of a legal right for a14
period of not more than ten days in conformity with the standards for15
issuance of ex parte temporary restraining orders in civil cases, but no16
individual habilitation or rehabilitation plan shall be IS required prior to17
the issuance of such THE order.18
(f)  Except as otherwise provided in this subsection (5), all19
proceedings shall MUST be held in conformance with the Colorado rules20
of civil procedure, but no costs shall MAY be assessed against the21
respondent.22
(5)  Any person who, by reason of a judicial decree or order23
entered by a court of this state prior to July 1, 1979, is under the24
imposition of a legal disability or has been deprived of a legal right25
pursuant to this section as it existed prior to July 1, 1979, shall be released26
from such decree or order on December 31, 1979.27
1256
-66- 27-65-128.  Administration - rules. The department BHA shall1
make such PROMULGATE ANY rules as will AND DEVELOP AND DISTRIBUTE2
ANY APPLICATIONS OR FORMS NECESSARY TO consistently enforce the3
provisions of this article ARTICLE 65. THE BHA SHALL PROACTIVELY4
TRAIN PROVIDERS, FACILITIES, COUNTIES, JUDGES, MAGISTRATES,5
INTERVENING PROFESSIONALS, AND CERTIFIED PEACE OFFICERS ON THE6
PROCEDURES UNDER THIS ARTICLE 65, WHICH TRAINING MUST INCLUDE AN7
UNDERSTANDING OF THE CRITERIA FOR INVOKING AN EMERGENCY MENTAL8
HEALTH HOLD PURSUANT TO SECTION 27-65-106, THE DEFINITION OF9
"GRAVELY DISABLED" AND HOW A PERSON WHO IS GRAVELY DISABLED10
MAY PRESENT PHYSICALLY AND PSYCHIATRICALLY, AND SUGGESTED11
TEMPLATES AND RESOURCES TO BE USED BY FACILITIES TO MEET THE12
REQUIREMENTS OF SECTION 27-65-106 (8)(a)(III) AND (8)(a)(VII).     13
27-65-129.  Payment for counsel. In order to provide legal14
representation to persons eligible therefor as provided in FOR AN15
ATTORNEY PURSUANT TO this article ARTICLE 65, the judicial department16
is authorized to SHALL pay, out of appropriations made therefor MONEY17
APPROPRIATED by the general assembly, sums directly to THE appointed18
counsel ATTORNEY on a case-by-case basis or, on behalf of the state, to19
make SHALL PAY lump-sum grants to and contract with individual20
attorneys, legal partnerships, legal professional corporations, public21
interest law firms, or nonprofit legal services corporations.22
27-65-130.  Advisory board - created - service standards and23
rules. (1) [Formerly 27-65-131] (a)  An advisory board, referred to 
IN24
THIS SECTION as the "board", in this section, to the department
 is25
established for the purpose of assisting and advising the executive26
director COMMISSIONER in accordance with section 27-65-13027
1256
-67- SUBSECTION (2) OF THIS SECTION in the development of service standards1
and rules. The board consists of not less NO FEWER than eleven nor BUT2
NOT more than fifteen members appointed by the governor, AS FOLLOWS:3
(I)  The board includes One representative each from the office of4
behavioral health; the department of human services;5
(II)  O
NE REPRESENTATIVE FROM THE 
BHA;6
(III)  O
NE REPRESENTATIVE FROM the department of public health7
and environment;8
(IV)  O
NE REPRESENTATIVE FROM the university of Colorado9
health sciences center; and
10
(V)  O
NE REPRESENTATIVE FROM a leading professional association11
of psychiatrists in this state; at least
12
(VI)  One member representing proprietary skilled health-care13
facilities;14
(VII)  One member representing nonprofit health-care facilities;15
(VIII)  One member representing the Colorado bar association;16
(IX)  One member representing consumers of services for persons17
with mental health disorders;18
(X)  One member representing families of persons with mental19
health disorders;20
(XI)  One member representing children's health-care facilities;21
and22
(XII)  Other persons from both the private and the public sectors23
who are recognized or known to be interested and informed in the area of24
the board's purpose and function.25
(b)  In making appointments to the board, the governor is26
encouraged to include representation by at least one member who is a27
1256
-68- person with a disability, as defined in section 24-34-301 (2.5), a family1
member of a person with a disability, or a member of an advocacy group2
for persons with disabilities, provided that the other requirements of this3
section are met.4
(2) [Formerly 27-65-130] The advisory board created by section5
27-65-131 is responsible for recommending standards and rules relevant6
to the provisions of this article 65 for the programs of mental health7
services to those patients in any health-care facility that has either8
separate facilities for the care, treatment, and rehabilitation of persons9
with mental health disorders or those health-care facilities that have as10
their THE HEALTH-CARE FACILITY'S only purpose the care and treatment11
of such persons.12
27-65-131.  Data report. (1)  B
EGINNING JANUARY 1, 2025, AND13
EACH JANUARY 1 THEREAFTER, THE 
BHA SHALL ANNUALLY SUBMIT A14
REPORT TO THE GENERAL ASSEMBLY ON THE OUTCOMES AND15
EFFECTIVENESS OF THE INVOLUNTARY COMMITMENT SYSTEM DESCRIBED16
IN THIS ARTICLE 65, DISAGGREGATED BY REGION , INCLUDING ANY17
RECOMMENDATIONS TO IMPROVE THE SYSTEM AND OUTCOMES FOR18
PERSONS INVOLUNTARY COMMITTED OR CERTIFIED PURSUANT TO THIS19
ARTICLE 65. THE REPORT MUST INCLUDE AGGREGATED AND20
DISAGGREGATED NONIDENTIFYING INDIVI DUAL	-LEVEL DATA. AT A21
MINIMUM, THE REPORT MUST INCLUDE:22
(a)  T
HE NUMBER OF SEVENTY-TWO-HOUR EMERGENCY MENTAL23
HEALTH HOLDS THAT OCCURRED IN THE STATE AND THE NUMBER OF24
PEOPLE PLACED ON A SEVENTY-TWO-HOUR EMERGENCY MENTAL HEALTH25
HOLD, INCLUDING:26
(I)  A
 SUMMARY OF THE REASON EACH PERSON WAS PLACED ON AN27
1256
-69- EMERGENCY MENTAL HEALTH HOLD ;1
(II)  D
EMOGRAPHIC INFORMATION OF EACH PERSON PLACED ON AN2
EMERGENCY MENTAL HEALTH HOLD ;3
(III)  D
ISPOSITION OF EACH PERSON PLACED ON AN EMERGENCY4
MENTAL HEALTH HOLD;5
(IV)  H
OW OFTEN A FACILITY WAS REQUIRED TO ASK FOR6
ASSISTANCE FROM THE 
BHA TO FIND PLACEMENT FOR THE PERSON7
PURSUANT TO SECTION 27-65-106 AND IF PLACEMENT WAS FOUND , THE8
AVERAGE LENGTH OF TIME A PERSON HAD TO WAIT FOR THE PLACEMENT9
AND THE CHALLENGES ENCOUNTERED IN FINDING A PLACEMENT ;10
(V)  H
OW MANY 
SUBSEQUENT EMERGENCY MENTAL HEALTH HOLDS11
WERE PLACED PURSUANT TO SECTION 27-65-106 DUE TO A LACK OF12
APPROPRIATE PLACEMENT OPTIONS ; AND13
(VI)  H
OW EACH EMERGENCY MENTAL HEALTH HOLD ORIGINATED ,14
WHETHER BY A CERTIFIED PEACE OFFICER ; INTERVENING PROFESSIONAL,15
INCLUDING SPECIFIC PROFESSIONAL TYPE; OR A COURT ORDER;16
(b)  T
HE NUMBER AND CHARACTERISTICS OF EACH CERTIFICATION17
FOR SHORT-TERM TREATMENT, INCLUDING AN EXTENSION OF SHORT-TERM18
TREATMENT, AND LONG-TERM CARE AND TREATMENT THAT OCCURRED IN19
THE STATE, INCLUDING:20
(I)  T
HE NUMBER OF INPATIENT VERSUS OUTPATIENT21
CERTIFICATIONS; 22
(II)  T
HE REASON FOR INITIATING EACH CERTIFICATION ;23
(III)  T
HE NUMBER OF CERTIFICATIONS INITIATED BY A COURT24
ORDER, PROFESSIONAL PERSON, OR CERTIFIED PEACE OFFICER;25
(IV)  T
HE AVERAGE LENGTH OF EACH CERTIFICATION ;26
(V)  T
HE DEMOGRAPHICS OF EACH INDIVIDUAL ON A CERTIFICATION27
1256
-70- FOR SHORT-TERM TREATMENT;1
(VI)  T
HE SERVICES PROVIDED;2
(VII)  T
HE SERVICES NEEDED THAT WERE NOT AVAILABLE ; AND3
(VIII)  A
NY IDENTIFIED BARRIERS PREVENTING THE PROVISION OF4
NEEDED SERVICES;5
(c)  T
HE OUTCOME OF EACH CERTIFICATION FOR SHORT -TERM6
TREATMENT AND CERTIFICATION FOR LONG -TERM CARE AND TREATMENT ;7
(d)  T
HE REASON EACH CERTIFICATION WAS DISCONTINUED ,8
DISAGGREGATED BY THOSE SUCCESSFULLY DISCHARGED , VOLUNTARILY9
DISCHARGED, TRANSFERRED, NOT LOCATED , WITH TREATMENT10
COMPLIANCE CONCERNS, UNABLE TO TRANSFER TO ANOTHER FACILITY OR11
PROVIDER, FOR LACK OF PAYMENT TO TREATMENT PROVIDERS , AND FOR12
ANY OTHER REASONS;13
(e)  T
HE PERSON'S HOUSING AND EMPLOYMENT STATUS WHEN14
CERTIFICATION WAS DISCONTINUED ;15
(f)  W
HAT SERVICES WERE PROVIDED VERSUS WHAT SERVICES16
WERE MOST FREQUENTLY NEEDED BY PEOPLE CERTIFIED ON AN17
OUTPATIENT BASIS;18
(g)  B
ARRIERS AND OPPORTUNITIES WITH LOCAL PROVIDERS , THE19
JUDICIAL BRANCH, AND LAW ENFORCEMENT ; AND20
(h)  H
OW MANY INDIVIDUALS WERE PLACED IN THE CUSTODY OF21
THE 
BHA ON A CERTIFICATION FOR SHORT-TERM TREATMENT WHO WERE22
CONCURRENTLY INVOLVED IN THE CRIMINAL JUSTICE SYSTEM , INCLUDING23
THE OUTCOMES OF EACH PERSON AND ANY BARRIERS AND OPPORTUNITIES24
THAT MAY EXIST TO BETTER SERVE THE POPULATION .25
SECTION 2. In Colorado Revised Statutes, amend as added by26
House Bill 22-1256 27-65-106 as follows:27
1256
-71- 27-65-106. Emergency mental health hold - screening -1
court-ordered evaluation - discharge instructions - respondent's2
rights. (1) [Formerly 27-65-105 (1)] Emergency procedure AN3
EMERGENCY MENTAL HEALTH HOLD may be invoked under one of the4
following conditions:5
(a) (I)  When any A CERTIFIED PEACE OFFICER HAS PROBABLE6
CAUSE TO BELIEVE A person appears to have HAS a mental health disorder7
and, as a result of such THE mental health disorder, appears to be IS an8
imminent danger to 
THE PERSON'S SELF OR others the person's self
 or9
appears to be IS gravely disabled, THE CERTIFIED PEACE OFFICER MAY10
TAKE THE PERSON INTO PROTECTIVE CUSTODY AND TRANSPORT THE11
PERSON TO      A FACILITY DESIGNATED BY THE COMMISSIONER FOR AN12
EMERGENCY MENTAL HEALTH HOLD . IF SUCH A FACILITY IS NOT13
AVAILABLE, THE CERTIFIED PEACE OFFICER MAY TRANSPORT THE PERSON14
TO AN EMERGENCY MEDICAL SERVICES FACILITY . THE CERTIFIED PEACE15
OFFICER MAY REQUEST ASSISTANCE FROM A BEHAVIORAL HEALTH CRISIS16
RESPONSE TEAM FOR ASSISTANCE IN DETAINING AND TRANSPORTING THE17
PERSON OR AN EMERGENCY MEDICAL SERVICES PROVIDER IN18
TRANSPORTING THE PERSON; OR then an intervening professional, or19
certified officer, upon probable cause and with such assistance as may be20
required, may take the person into custody, or cause the person to be21
taken into custody, and placed in a facility designated or approved by the22
executive director for a seventy-two-hour treatment and evaluation. If23
such a facility is not available, the person may be taken to an emergency24
medical services facility.25
     26
(b)  Upon an affidavit sworn to or affirmed before a judge that27
1256
-72- relates sufficient facts to establish that a person appears to have a mental1
health disorder and, as a result of the mental health disorder, appears to2
be an imminent danger to others or to the person's self or appears to be3
gravely disabled, the court may order the person described in the affidavit4
to be taken into custody and placed in a facility designated or approved5
by the executive director for a seventy-two-hour treatment and evaluation.6
Whenever in this article 65 a facility is to be designated or approved by7
the executive director, hospitals, if available, must be approved or8
designated in each county before other facilities are approved or9
designated. Whenever in this article 65 a facility is to be designated or10
approved by the executive director as a facility for a stated purpose and11
the facility to be designated or approved is a private facility, the consent12
of the private facility to the enforcement of standards set by the executive13
director is a prerequisite to the designation or approval.14
     15
(II)  W
HEN AN INTERVENING PROFESSIONAL REASONABLY BELIEVES16
THAT A PERSON APPEARS TO HAVE A MENTAL HEALTH DISORDER AND , AS17
A RESULT OF THE MENTAL HEALTH DISORDER , APPEARS TO BE AN18
IMMINENT DANGER TO THE PERSON 'S SELF OR OTHERS OR APPEARS TO BE19
GRAVELY DISABLED, THE INTERVENING PROFESSIONAL MAY CAUSE THE20
PERSON TO BE TAKEN INTO PROTECTIVE CUSTODY AND TRANSPORTED TO21      A FACILITY DESIGNATED BY THE COMMISSIONER FOR AN EMERGENCY22
MENTAL HEALTH HOLD . IF SUCH A FACILITY IS NOT AVAILABLE, THE23
CERTIFIED PEACE OFFICER MAY TRANSPORT THE PERSON TO AN24
EMERGENCY MEDICAL SERVICES FACILITY . THE INTERVENING25
PROFESSIONAL MAY REQUEST ASSISTANCE FROM A CERTIFIED PEACE26
OFFICER,      A SECURE TRANSPORTATION PROVIDER, OR A BEHAVIORAL27
1256
-73- HEALTH CRISIS RESPONSE TEAM FOR ASSISTANCE IN DETAINING AND1
TRANSPORTING THE PERSON, OR ASSISTANCE FROM AN EMERGENCY2
MEDICAL SERVICES PROVIDER IN TRANSPORTING THE PERSON .3
(d) (b) (I)   Any individual may petition WHEN A PERSON PETITIONS4
the court in the county in which the respondent resides or is physically5
present 
REQUESTING AN EVALUATION OF THE RESPONDENT 'S CONDITION6
AND alleging that there is a person who
 THE RESPONDENT appears to have7
a mental health disorder and, as a result of the mental health disorder,8
appears to be a danger to 
THE RESPONDENT'S SELF OR others or to the
9
person's self or appears to be gravely disabled. and requesting an10
evaluation of the person's condition.11
(II)  A
NY PERSON WHO FILES A MALICIOUS OR FALSE PETITION FOR12
AN EVALUATION OF A RESPONDENT PURS UANT TO THIS SECTION IS SUBJECT13
TO CRIMINAL PROSECUTION.14
(2)  When a person is taken into custody pursuant to subsection (1)15
of this section, the person must not be detained in a jail, lockup, or other16
place used for the confinement of persons charged with or convicted of17
penal offenses. U
NLESS OTHERWISE REQUIRED BY LAW , A CERTIFIED18
PEACE OFFICER MAY TRANSPORT THE PERSON TO AN EMERGENCY MEDICAL19
SERVICES FACILITY OR FACILITY DESIGNATED BY THE COMMISSIONER EVEN20
IF A WARRANT HAS BEEN ISSUED FOR THE PERSON 'S ARREST IF THE21
CERTIFIED PEACE OFFICER BELIEVES IT IS IN THE BEST INTEREST OF THE22
PERSON. THE PERSON MUST NOT BE HELD ON AN EMERGENCY MENTAL23
HEALTH HOLD FOR LONGER THAN SEVENTY -TWO HOURS AFTER THE HOLD24
IS PLACED OR ORDERED. NOTHING IN THIS SECTION PROHIBITS AN25
EMERGENCY MEDICAL SERVICES FACILITY FROM INVOLUNTARILY HOLDING26
THE PERSON IN ORDER TO STABILIZE THE PERSON AS REQUIRED PURSUANT27
1256
-74- TO THE FEDERAL "EMERGENCY MEDICAL TREATMENT AND LABOR ACT",1
42 U.S.C. SEC. 1395dd, OR IF THE TREATING PROFESSIONAL DETERMINES2
THAT THE INDIVIDUAL'S PHYSICAL OR MENTAL HEALTH DISORDER IMPAIRS3
THE PERSON'S ABILITY TO MAKE AN INFORMED DECISION TO REFUSE CARE4
AND THE PROVIDER DETERMINES THAT FURTHER CARE IS INDICATED .5
(3)  When a person is taken into emergency custody by an6
intervening professional or certified police officer PLACED ON AN7
EMERGENCY MENTAL HEALTH HOLD pursuant to subsection (1) of this8
section and is presented to an emergency medical services facility or a9
facility that is designated or approved by the commissioner, the facility10
shall require an A BHA-APPROVED application in writing, stating the11
circumstances under which the person's condition was called to the12
attention of the intervening professional or certified peace officer and13
further stating sufficient facts, obtained from the intervening14
professional's or certified peace officer's personal observations or15
obtained from others whom the intervening professional or certified peace16
officer reasonably believes to be reliable, to establish that the person has17
a mental health disorder and, as a result of the mental health disorder, is18
an imminent danger to 
THE PERSON'S SELF OR others or the person's self
19
is gravely disabled. or is in need of immediate evaluation for treatment.20
The application must indicate when the person was taken into custody and21
who brought the person's condition to the attention of the intervening22
professional or certified peace officer. A copy of the application must be23
furnished to the person being evaluated, and the application must be24
retained in accordance with section 27-65-123 (4).25
(4) (a)  The petition for a court-ordered evaluation 
FILED26
PURSUANT TO SUBSECTION (1)(b) OF THIS SECTION must contain the27
1256
-75- following:1
(I)  The name and address of the petitioner and the petitioner's2
interest in the case;3
(II)  The name of the person RESPONDENT for whom evaluation is4
sought, who is designated as the respondent, and, if known to the5
petitioner, the address, age, sex GENDER, marital status, and occupation,6
of the respondent, AND ANY ANIMALS OR DEPENDENT CHILDREN IN THE7
RESPONDENT'S CARE;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 
THE RESPONDENT'S SELF OR others 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; 
AND16
(V)  The name, address, and telephone number of the attorney, if17
any, who has most recently represented the respondent. If there is no
18
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)  Upon receipt of a petition satisfying the requirements of23
subsection (4)(a) of this section, 
IF THE COURT IS NOT SATISFIED THAT24
PROBABLE CAUSE EXISTS TO ISSUE AN ORDER FOR AN EVALUATION , the25
court shall designate
 IDENTIFY a facility approved DESIGNATED by the26
commissioner, an intervening professional, or A certified peace officer to27
1256
-76- provide screening of the respondent to determine whether there is1
probable cause 
EXISTS to believe the allegations.2
(c)  Following 
THE screening DESCRIBED IN SUBSECTION (4)(b) OF3
THIS SECTION, the facility, intervening professional, or certified peace4
officer designated by the court shall file a report with the court 
AND MAY5
INITIATE AN EMERGENCY MENTAL HEALTH HOLD AT THE TIME OF6
SCREENING. The report must include a recommendation as to whether7
there is
 probable cause EXISTS to believe that the respondent has a mental8
health disorder and, as a result of the mental health disorder, is a danger9
to 
THE RESPONDENT'S SELF OR others the respondent's self
 or is gravely10
disabled and whether the respondent will voluntarily receive evaluation11
or treatment. The screening report submitted to the court pursuant to this12
subsection (4)(c) is confidential in accordance with section 27-65-123 and13
must be furnished to the respondent or the respondent's attorney or14
personal representative.15
(d)  Whenever it appears, by petition and screening pursuant to this16
section, to the satisfaction of the court that probable cause exists to17
believe that the respondent has a mental health disorder and, as a result18
of the mental health disorder, is a danger to 
THE RESPONDENT'S SELF OR19
others the respondent's self
 or is gravely disabled and that efforts have20
been made to secure the cooperation of the respondent who BUT THE21
RESPONDENT has refused or failed to accept evaluation voluntarily, the22
court shall issue an order for evaluation authorizing a certified peace23
officer or secure transportation provider to take the respondent into24
custody and transport the respondent to a facility designated by the25
commissioner for seventy-two-hour treatment and evaluation AN26
EMERGENCY MENTAL HEALTH HOLD . At the time of taking the respondent27
1256
-77- IS TAKEN into custody, a copy of the petition and the order for evaluation1
must be given to the respondent and promptly thereafter to any THE one2
LAY person designated by the respondent and to the person in charge of3
the seventy-two-hour treatment and evaluation facility named in the order4
or the person's designee. I
F THE RESPONDENT REFUSES TO ACCEPT A COPY5
OF THE PETITION AND THE ORDER FOR EVALUATION , SUCH REFUSAL MUST6
BE DOCUMENTED IN THE PETITION AND THE ORDER FOR 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 . NOTHING IN THIS SECTION18
PROHIBITS AN EMERGENCY MEDICAL SERVICES FACILITY FROM19
INVOLUNTARILY HOLDING THE PERSON IN ORDER TO STABILIZE THE20
PERSON AS REQUIRED PURSUANT TO THE FEDERAL "EMERGENCY MEDICAL21
TREATMENT AND LABOR ACT", 42 U.S.C. SEC. 1395dd, OR IF THE22
TREATING PROFESSIONAL DETERMINES THAT THE INDIVIDUAL'S PHYSICAL23
OR MENTAL HEALTH DISORDER IMPAIRS THE PERSON 'S ABILITY TO MAKE24
AN INFORMED DECISION TO REFUSE CARE AND THE PROVIDER DETERMINES25
THAT FURTHER CARE IS INDICATED. If, in the opinion of the professional26
person in charge of the evaluation, the person can be properly cared for27
1256
-78- without being detained, the person shall be provided services on a1
voluntary basis. I
F THE PERSON IN CHARGE OF THE EVALUATION2
DETERMINES THE PERSON SHOULD BE RELEASED , THE PERSON 
IN CHARGE3
OF THE EVALUATION MAY TERMINATE THE EMERGENCY MENTAL HEALTH4
HOLD.          5
(6)  (a)  Each person admitted to a seventy-two-hour treatment and6
evaluation facility under the provisions of this article shall DETAINED FOR7
AN EMERGENCY MENTAL HEALTH HOLD PURSUANT TO THIS SECTION SHALL8
receive an evaluation as soon as possible after the person is admitted9
PRESENTED TO THE FACILITY and shall receive such treatment and care as10
the person's condition requires for the full period that the person is held.11
The person shall be released before seventy-two hours have elapsed if, in12
the opinion of the professional person in charge of the evaluation, the13
person no longer requires evaluation or treatment. Persons who have been14
detained for seventy-two-hour evaluation and treatment shall THE15
EVALUATION MAY INCLUDE AN ASSESSMENT TO DETERMINE IF THE PERSON16
CONTINUES TO MEET THE CRITERIA FOR AN EMERGENCY MENTAL HEALTH17
HOLD AND REQUIRES FURTHER MENTAL HEALTH CARE IN A FACILITY18
DESIGNATED BY THE COMMISSIONER. THE EVALUATION MUST STATE19
WHETHER THE PERSON SHOULD be released, referred for further care and20
treatment on a voluntary basis, or certified for 
SHORT-TERM treatment21
pursuant to section 27-65-109.22
(b)  E
ACH EVALUATION MUST BE COMPLETED USING A23
STANDARDIZED FORM APPROVED BY THE COMMISSIONER AND MAY BE24
COMPLETED BY A PROFESSIONAL PERSON ; A LICENSED ADVANCED25
PRACTICE REGISTERED NURSE WITH TRAINING IN PSYCHIATRIC NURSING ;26
OR A LICENSED PHYSICIAN ASSISTANT , A LICENSED CLINICAL SOCIAL27
1256
-79- WORKER, A LICENSED PROFESSIONAL COUNSELOR , OR A LICENSED1
MARRIAGE AND FAMILY THERAPIST WHO HAS TWO YEARS OF EXPERIENCE2
IN BEHAVIORAL HEALTH SAFETY AND RISK ASSESSMENT WORKING IN A3
HEALTH-CARE SETTING.4
(c)  I
F THE PERSON CONDUCTING AN EVALUATION PURSUANT TO5
SUBSECTION (6)(a) OF THIS SECTION IS NOT A PROFESSIONAL PERSON AND6
THE EVALUATING PERSON RECOMMENDS THE DETAINED PERSON BE7
CERTIFIED FOR SHORT -TERM TREATMENT PURSUANT TO SECTION8
27-65-109,
 THE EVALUATING PERSON SHALL NOTIFY THE FACILITY OF THE9
RECOMMENDATION . A CERTIFICATION MAY ONLY BE INITIATED BY A10
PROFESSIONAL PERSON.     11
(7) (a)  I
F A PERSON IS EVALUATED AT AN EMERGENCY MEDICAL12
SERVICES FACILITY AND THE EVALUATING PROFESSIONAL DETERMINES13
THAT THE PERSON CONTINUES TO MEET THE CRITERIA FOR AN EMERGENCY14
MENTAL HEALTH HOLD PURSUANT TO SUBSECTION (1) OF THIS 
SECTION,15
THE EMERGENCY MEDICAL SERVICES FACILITY SHALL IMMEDIATELY16
NOTIFY THE BHA IF THE FACILITY CANNOT LOCATE APPROPRIATE17
PLACEMENT. ONCE NOTIFIED, THE BHA SHALL SUPPORT THE EMERGENCY18
MEDICAL SERVICES FACILITY IN LOCATING AN APPROPRIATE PLACEMENT19
OPTION ON AN INPATIENT OR OUTPATIENT BASIS , WHICHEVER IS20
CLINICALLY APPROPRIATE.21
(b)  I
F AN APPROPRIATE PLACEMENT OPTION CANNOT BE LOCATED22
PURSUANT TO SUBSECTION (7)(a) OF THIS SECTION AND THE PERSON23
CONTINUES TO MEET THE CRITERIA FOR AN EMERGENCY MENTAL HEALTH24
HOLD PURSUANT TO SUBSECTION (1) OF THIS 
SECTION AND THE PERSON25
HAS BEEN MEDICALLY STABILIZED, THE EMERGENCY MEDICAL SERVICES26
FACILITY MAY PLACE THE PERSON UNDER A SUBSEQUENT EMERGENCY27
1256
-80- MENTAL HEALTH HOLD. IF THE FACILITY PLACES THE PERSON UNDER A1
SUBSEQUENT EMERGENCY MENTAL HEALTH HOLD, THE FACILITY SHALL2
IMMEDIATELY NOTIFY THE BHA, THE PERSON'S LAY PERSON, AND THE3
COURT, AND THE COURT SHALL IMMEDIATELY APPOINT AN ATTORNEY TO4
REPRESENT THE PERSON. THE FACILITY MAY NOTIFY THE COURT WHERE5
THE PERSON RESIDES BY MAIL. ONCE THE COURT IS NOTIFIED, THE6
EMERGENCY MEDICAL SERVICES FACILITY IS NOT REQUIRED TO TAKE ANY7
FURTHER ACTION TO PROVIDE THE PERSON WITH AN ATTORNEY UNLESS8
SPECIFIED IN SUBSECTION (10) OF THIS SECTION. THE EMERGENCY9
MEDICAL SERVICES FACILITY SHALL NOTIFY THE BHA AFTER EACH10
EMERGENCY MENTAL HEALTH HOLD IS PLACED. THE BHA IS RESPONSIBLE11
FOR ACTIVELY ASSISTING THE FACILITY IN LOCATING APPROPRIATE12
PLACEMENT FOR THE PERSON. IF THE PERSON HAS BEEN RECENTLY13
TRANSFERRED FROM AN EMERGENCY MEDICAL SERVICES FACILITY TO A14
FACILITY DESIGNATED BY THE COMMISSIONER AND THE DESIGNATED15
FACILITY IS ABLE TO DEMONSTRATE THAT THE FACILITY IS UNABLE TO16
COMPLETE THE EVALUATION BEFORE THE INITIAL EMERGENCY MENTAL17
HEALTH HOLD IS SET TO EXPIRE, THE DESIGNATED FACILITY MAY PLACE18
THE PERSON UNDER A SUBSEQUENT EMERGENCY MENTAL HEALTH HOLD19
AND SHALL IMMEDIATELY NOTIFY THE BHA AND LAY PERSON.20
(c)  T
HE BHA SHALL MAINTAIN DATA ON THE CHARACTERISTICS OF21
EACH PERSON PLACED ON A 
SUBSEQUENT EMERGENCY MENTAL HEALTH22
HOLD PURSUANT TO SUBSECTION (7)(b) OF THIS SECTION. THE BHA MAY23
CONTRACT WITH ENTITIES COORDINATING CARE OR WITH PROVIDERS24
SERVING WITHIN THE SAFETY NET SYSTEM DEVELOPED PURSUANT TO25
SECTION 27-63-105 TO MEET THE REQUIREMENTS OF THIS SUBSECTION (7).26
(8) (a) THE FACILITY SHALL PROVIDE EACH PERSON DETAINED FOR27
1256
-81- AN EMERGENCY MENTAL HEALTH HOLD DISCHARGE INSTRUCTIONS. THE1
DISCHARGE INSTRUCTIONS MUST BE COMPLETED FOR EVERY PERSON ,2
REGARDLESS OF THE PERSON'S DISCHARGE STATUS, BEFORE THE PERSON3
IS 	RELEASED. IF THE DETAINED PERSON REFUSES TO ACCEPT THE4
DISCHARGE INSTRUCTIONS, THE REFUSAL MUST BE DOCUMENTED IN THE5
PERSON'S MEDICAL RECORD . AT A MINIMUM , THE DISCHARGE6
INSTRUCTIONS MUST INCLUDE:7
(I) A SUMMARY OF WHY THE PERSON WAS DETAINED OR8
EVALUATED FOR AN EMERGENCY MENTAL HEALTH HOLD ; DETAILED9
INFORMATION AS TO WHY THE EVALUATING PROFESSIONAL DETERMINED10
THE PERSON NO LONGER MEETS THE CRITERIA FOR AN EMERGENCY11
MENTAL HEALTH HOLD OR CERTIFICATION PURSUANT TO SECTION12
27-65-109; AND WHETHER THE PERSON MAY RECEIVE SERVICES ON A13
VOLUNTARY BASIS PURSUANT TO SUBSECTION (6) OF THIS SECTION;14
(II) IF THE PERSON'S MEDICATIONS WERE CHANGED OR THE PERSON15
WAS NEWLY PRESCRIBED MEDICATIONS DURING THE EMERGENCY MENTAL16
HEALTH HOLD, A CLINICALLY APPROPRIATE SUPPLY OF MEDICATIONS, AS17
DETERMINED BY THE JUDGMENT OF A LICENSED HEALTH-CARE PROVIDER,18
FOR THE PERSON UNTIL THE PERSON CAN ACCESS ANOTHER PROVIDER OR19
FOLLOW-UP APPOINTMENT;20
(III)  A SAFETY PLAN FOR THE PERSON AND , IF APPLICABLE, THE21
PERSON'S LAY PERSON WHERE INDICATED BY THE PERSON 'S MENTAL22
HEALTH DISORDER OR MENTAL OR EMOTIONAL STATE ;23
(IV)  NOTIFICATION TO THE PERSON'S PRIMARY CARE PROVIDER, IF24
APPLICABLE;25
(V) A REFERRAL TO APPROPRIATE SERVICES, IF SUCH SERVICES26
EXIST IN THE COMMUNITY, IF THE PERSON IS DISCHARGED WITHOUT FOOD,27
1256
-82- HOUSING, OR ECONOMIC SECURITY. ANY REFERRALS AND LINKAGES MUST1
BE DOCUMENTED IN THE PERSON 'S MEDICAL RECORD.2
(VI)  THE PHONE NUMBER TO CALL OR TEXT THE COLORADO CRISIS3
SERVICES HOTLINE AND INFORMATION ON THE AVAILABILITY OF PEER4
SUPPORT SERVICES;     5
(VII)  INFORMATION ON HOW TO ESTABLISH A PSYCHIATRIC6
ADVANCE DIRECTIVE IF ONE IS NOT PRESENTED ;7
(VIII)  MEDICATIONS THAT WERE CHANGED DURING THE8
EMERGENCY MENTAL HEALTH HOLD , INCLUDING ANY MEDICATIONS THAT9
THE PERSON WAS TAKING OR THAT WERE PREVIOUSLY PRESCRIBED UPON10
ADMISSION, AND WHICH MEDICATIONS , IF ANY, WERE CHANGED OR11
DISCONTINUED AT THE TIME OF DISCHARGE ;12
(IX)  A LIST OF ANY SCREENING OR DIAGNOSTIC TESTS CONDUCTED13
DURING THE EMERGENCY MENTAL HEALTH HOLD, IF REQUESTED;14
(X)  A SUMMARY OF THERAPEUTIC TREATMENTS PROVIDED DURING15
THE EMERGENCY MENTAL HEALTH HOLD, IF REQUESTED;16
(XI)  ANY LABORATORY WORK , INCLUDING BLOOD SAMPLES OR17
IMAGING THAT WAS COMPLETED OR ATTEMPTED, IF REQUESTED;18
(XII)  THE PERSON'S VITAL SIGNS UPON DISCHARGE FROM THE19
EMERGENCY MENTAL HEALTH HOLD, IF REQUESTED;20
(XIII)  A COPY OF ANY PSYCHIATRIC ADVANCE DIRECTIVE21
PRESENTED TO THE FACILITY, IF APPLICABLE; AND22
(XIV)  HOW TO CONTACT THE DISCHARGING FACILITY IF NEEDED .23
(b)  T
HE FACILITY SHALL DOCUMENT IN THE PERSON 'S MEDICAL24
RECORD WHETHER THE PERSON ACCEPTED THE DISCHARGE 
INSTRUCTIONS.25
T
HE FACILITY SHALL PROVIDE THE DISCHARGE 
INSTRUCTIONS TO THE26
PERSON'S PARENT OR LEGAL GUARDIAN IF THE PERSON IS UNDER EIGHTEEN27
1256
-83- YEARS OF AGE, AND TO THE PERSON'S LAY PERSON, WHEN POSSIBLE.1
(c)  U
PON DISCHARGE, THE FACILITY SHALL DISCUSS WITH THE2
PERSON, THE PERSON'S PARENT OR LEGAL GUARDIAN , OR THE PERSON'S3
LAY PERSON THE STATEWIDE CARE COORDINATION INFRASTRUCTURE4
ESTABLISHED IN SECTION 27-60-204 TO FACILITATE A FOLLOW -UP5
APPOINTMENT FOR THE PERSON WITHIN SEVEN CALENDAR DAYS AFTER THE6
DISCHARGE. 
FACILITIES SHALL COMPLY WITH THIS SUBSECTION (8)(c)7
WHEN THE STATEWIDE CARE COORDINATION INFRASTRUCTURE CREATED8
IN SECTION 27-60-204 IS FULLY OPERATIONAL, AS DETERMINED BY THE9
BHA. THE BHA SHALL IMMEDIATELY NOTIFY FACILITIES WHEN THE10
STATEWIDE CARE COORDINATION INFRASTRUCTURE IS AVAILABLE TO11
ASSIST PERSONS WITH DISCHARGE.12
(d) (I)  THE FACILITY SHALL, AT A MINIMUM, ATTEMPT TO FOLLOW13
UP WITH THE PERSON, THE PERSON'S PARENT OR LEGAL GUARDIAN, OR THE14
PERSON'S LAY PERSON AT LEAST FORTY-EIGHT HOURS AFTER DISCHARGE.15
T
HE FACILITY IS ENCOURAGED TO UTILIZE PEER SUPPORT PROFESSIONALS ,16
AS DEFINED IN SECTION 27-60-108 (2)(b), WHEN PERFORMING FOLLOW -UP17
CARE WITH INDIVIDUALS AND IN DEVELOPING A CONTINUING CARE PLAN18
PURSUANT TO SUBSECTION (8)(a)(I) OF THIS SECTION. THE FACILITY MAY19
FACILITATE FOLLOW -UP CARE THROUGH CONTRACTS WITH20
COMMUNITY-BASED BEHAVIORAL HEALTH PROVIDERS OR THE COLORADO21
BEHAVIORAL HEALTH CRISIS HOTLINE . 
IF THE FACILITY FACILITATES22
FOLLOW-UP CARE THROUGH A THIRD-PARTY CONTRACT, THE FACILITY23
SHALL OBTAIN AUTHORIZATION FROM THE PERSON TO PROVIDE FOLLOW -UP24
CARE.25
(II) IF THE PERSON IS ENROLLED IN MEDICAID, THE FACILITY IS NOT26
REQUIRED TO MEET THE REQUIREMENTS OF THIS SUBSECTION (8)(d) AND27
1256
-84- INSTEAD, THE FACILITY SHALL NOTIFY THE PERSON'S RELEVANT MANAGED1
CARE ENTITY, AS DEFINED IN SECTION 25.5-5-403, OF THE PERSON'S2
DISCHARGE AND NEED FOR ONGOING FOLLOW-UP CARE PRIOR TO THE3
PERSON'S DISCHARGE.4
(III)  IF THE FACILITY CONTRACTS WITH A SAFETY NET PROVIDER,5
AS DEFINED IN SECTION 27-50-101, TO PROVIDE BEHAVIORAL HEALTH6
SERVICES TO A PERSON ON OR FOLLOWING AN EMERGENCY MENTAL7
HEALTH HOLD, THE FACILITY SHALL WORK WITH THE SAFETY NET8
PROVIDER IN ORDER TO MEET THE REQUIREMENTS OF THIS SUBSECTION9
(8)(d).10
(e)  T
HE FACILITY SHALL ENCOURAGE THE PERSON TO DESIGNATE11
A FAMILY MEMBER, FRIEND, OR OTHER PERSON AS A LAY PERSON TO12
PARTICIPATE IN THE PERSON'S DISCHARGE PLANNING AND SHALL NOTIFY13
THE PERSON THAT THE PERSON IS ABLE TO RESCIND THE AUTHORIZATION14
OF A LAY PERSON AT ANY TIME. IF THE PERSON DESIGNATES A LAY PERSON15
AND HAS PROVIDED NECESSARY AUTHORIZATION , THE FACILITY SHALL16
ATTEMPT TO INVOLVE THE LAY PERSON IN THE PERSON 'S DISCHARGE17
PLANNING. THE FACILITY SHALL NOTIFY THE LAY PERSON THAT THE18
PERSON IS BEING DISCHARGED OR TRANSFERRED .19
(9)  (a)  On or before July 1, 2019
 JULY 1, 2023, and each July 120
thereafter, each emergency medical services facility that has treated21
EVALUATED a person pursuant to this section shall provide an annual22
report to the BHA that includes only disaggregated and nonidentifying23
information concerning persons who were treated at an emergency24
medical services facility pursuant to this section. The report must comply25
with section 24-1-136 (9) and is exempt from section 24-1-136 (11)(a)(I).26
The report must contain the following:27
1256
-85- (I)  The names and counties of the facilities;1
(II)  The total number of persons treated pursuant to this section,2
including a summary of demographic information;3
(III)  A summary regarding the different reasons for which persons4
were treated pursuant to this section; and5
(IV)  A summary of the disposition of persons transferred to a6
designated facility.7
(b) (I)  Any information disaggregated and provided to the BHA8
pursuant to this subsection (9) is privileged and confidential. Such9
information must not be made available to the public except in an10
aggregate format that cannot be used to identify an individual facility.11
The information is not subject to civil subpoena and is not discoverable12
or admissible in any civil, criminal, or administrative proceeding against13
an emergency medical services facility or health-care professional. The14
information must be used only to assess statewide behavioral health15
services needs and to plan for sufficient levels of statewide behavioral16
health services. In the collection of data to accomplish COLLECTING THE17
DATA PURSUANT TO the requirements of this subsection (9), the BHA shall18
protect the confidentiality of patient records, in accordance with state and19
federal laws, and shall not disclose any public identifying or proprietary20
information of any hospital, hospital administrator, health-care21
professional, or employee of a health-care facility.22
(II)  Subsection (9)(b)(I) of this section does not apply to23
information that is otherwise available from a source outside of the data24
collection activities required pursuant to subsection (7)(a) SUBSECTION25
(9)(a) of this section.26
(10) (a)  A
 PERSON DETAINED FOR AN EMERGENCY MENTAL HEALTH27
1256
-86- HOLD PURSUANT TO THIS SECTION HAS THE FOLLOWING RIGHTS :1
(I)  T
O BE TOLD 
      THE REASON FOR THE PERSON'S DETAINMENT2
AND THE LIMITATIONS OF THE PERSON 'S DETAINMENT, INCLUDING A3
DESCRIPTION OF THE PERSON'S RIGHT TO REFUSE MEDICATION, UNLESS THE4
PERSON REQUIRES EMERGENCY MEDICATIONS , AND THAT THE DETAINMENT5
DOES NOT MEAN ALL TREATMENT DURING DETAINMENT IS MANDATORY ;6
(II)  T
O REQUEST A CHANGE TO VOLUNTARY STATUS ;7
(III)  T
O BE TREATED FAIRLY, WITH RESPECT AND RECOGNITION OF8
THE PERSON'S DIGNITY AND INDIVIDUALITY, BY ALL EMPLOYEES OF THE9
FACILITY WITH WHOM THE PERSON COMES IN CONTACT ;10
(IV)  T
O NOT BE DISCRIMINATED AGAINST ON THE BASIS OF AGE ,11
RACE, ETHNICITY, RELIGION, CULTURE, SPOKEN LANGUAGE, PHYSICAL OR12
MENTAL DISABILITY, SOCIOECONOMIC STATUS, SEX, SEXUAL ORIENTATION,13
GENDER IDENTITY, OR GENDER EXPRESSION;14
(V)  T
O RETAIN AND CONSULT WITH AN ATTORNEY AT ANY 
TIME;15
EXCEPT THAT, UNLESS SPECIFIED IN SUBSECTION (7)(b) OF THIS SECTION,16
THE FACILITY IS NOT REQUIRED TO RETAIN AN ATTORNEY ON BEHALF OF17
THE PERSON BUT MUST ALLOW THE PERSON TO CONTACT AN ATTORNEY ;18
(VI)  T
O CONTINUE THE PRACTICE OF RELIGION;19
(VII)  W
ITHIN TWENTY-FOUR HOURS AFTER THE PERSON 'S20
REQUEST, TO SEE AND RECEIVE THE SERVICES OF A PATIENT21
REPRESENTATIVE WHO HAS NO DIRECT OR INDIRECT CLINICAL	,22
ADMINISTRATIVE, OR FINANCIAL RESPONSIBILITY FOR THE PERSON;23
(VIII)  T
O HAVE REASONABLE ACCESS TO TELEPHONES OR OTHER24
COMMUNICATION DEVICES AND TO MAKE AND TO RECEIVE CALLS OR25
COMMUNICATIONS IN PRIVATE. FACILITY STAFF SHALL NOT OPEN, DELAY,26
INTERCEPT, READ, OR CENSOR MAIL OR OTHER COMMUNICATIONS OR USE27
1256
-87- MAIL OR OTHER COMMUNICATIONS AS A METHOD TO ENFORCE1
COMPLIANCE WITH FACILITY STAFF.2
(IX)  T
O WEAR THE PERSON'S OWN CLOTHES, KEEP AND USE THE3
PERSON'S OWN PERSONAL 
POSSESSIONS AND KEEP AND BE ALLOWED TO4
SPEND A REASONABLE SUM OF THE PERSON 'S OWN MONEY. A FACILITY5
MAY TEMPORARILY RESTRICT A PERSON'S ACCESS TO PERSONAL CLOTHING6
OR PERSONAL POSSESSIONS, UNTIL A SAFETY ASSESSMENT IS COMPLETED.7
IF THE FACILITY RESTRICTS A PERSON'S ACCESS TO PERSONAL CLOTHING8
OR PERSONAL POSSESSIONS, THE FACILITY SHALL HAVE A DISCUSSION WITH9
THE PERSON ABOUT WHY THE PERSON'S PERSONAL CLOTHING OR PERSONAL10
POSSESSIONS ARE BEING RESTRICTED. A LICENSED MEDICAL PROFESSIONAL11
OR A LICENSED BEHAVIORAL HEALTH PROFESSIONAL SHALL CONDUCT A12
SAFETY ASSESSMENT AS SOON AS POSSIBLE. THE LICENSED PROFESSIONAL13
SHALL DOCUMENT IN THE PERSON'S MEDICAL RECORD THE SPECIFIC14
REASONS WHY IT IS NOT SAFE FOR THE PERSON TO POSSESS THE PERSON'S15
PERSONAL CLOTHING OR PERSONAL POSSESSIONS. THE FACILITY SHALL16
PERIODICALLY CONDUCT ADDITIONAL SAFETY ASSESSMENTS TO17
DETERMINE WHETHER THE PERSON MAY POSSESS THE PERSON'S PERSONAL18
CLOTHING OR PERSONAL POSSESSIONS, WITH THE GOAL OF RESTORING THE19
PERSON'S RIGHTS ESTABLISHED PURSUANT TO THIS SECTION .20
(X) TO KEEP AND USE THE PERSON'S CELL PHONE, UNLESS ACCESS21
TO THE CELL PHONE CAUSES THE PERSON TO DESTABILIZE OR CREATES A22
DANGER TO THE PERSON'S SELF OR OTHERS, AS DETERMINED BY A23
PROVIDER, FACILITY STAFF MEMBER, OR SECURITY PERSONNEL INVOLVED24
IN THE PERSON'S CARE;25
(XI)  TO HAVE THE PERSON 'S INFORMATION AND RECORDS26
DISCLOSED TO FAMILY MEMBERS AND A LAY PERSON PURSUANT TO27
1256
-88- SECTION 27-65-123;1
(XII)  TO HAVE THE PERSON'S TREATMENT RECORDS REMAIN2
CONFIDENTIAL, EXCEPT AS REQUIRED BY LAW;3
(XIII)   TO NOT BE FINGERPRINTED, UNLESS REQUIRED BY LAW;4
(XIV)  TO NOT BE PHOTOGRAPHED, EXCEPT UPON ADMISSION FOR5
IDENTIFICATION AND ADMINISTRATIVE PURPOSES . ANY PHOTOGRAPHS6
MUST BE CONFIDENTIAL AND MUST NOT BE RELEASED BY THE FACILITY7
EXCEPT PURSUANT TO A COURT ORDER. NONMEDICAL PHOTOGRAPHS MUST8
NOT BE TAKEN OR USED WITHOUT APPROPRIATE CONSENT OR9
AUTHORIZATION.10
(XV)  TO HAVE APPROPRIATE ACCESS TO ADEQUATE WATER ,11
HYGIENE PRODUCTS, AND FOOD AND TO HAVE THE PERSON'S NUTRITIONAL12
NEEDS MET IN A MANNER THAT IS CONSISTENT WITH RECOGNIZED DIETARY13
PRACTICES;14
(XVI)  TO HAVE PERSONAL PRIVACY TO THE EXTENT POSSIBLE15
DURING THE COURSE OF TREATMENT ; AND16
(XVII)  TO HAVE THE ABILITY TO MEET WITH VISITORS IN17
ACCORDANCE WITH THE FACILITY 'S CURRENT VISITOR GUIDELINES.18
(b)  A
 PERSON'S RIGHTS UNDER THIS SUBSECTION (10) MAY ONLY19
BE DENIED IF ACCESS TO THE ITEM, PROGRAM, OR SERVICE 
      CAUSES THE20
PERSON TO DESTABILIZE OR CREATES A DANGER TO THE PERSON'S SELF OR21
OTHERS, AS DETERMINED BY A LICENCED PROVIDER INVOLVED IN THE22
PERSON'S CARE. DENIAL OF ANY RIGHT MUST BE ENTERED INTO THE23
PERSON'S TREATMENT RECORD AND MUST BE MADE AVAILABLE , UPON24
REQUEST, TO THE PERSON, THE PERSON'S LEGAL GUARDIAN, OR THE25
PERSON'S ATTORNEY.26
(c)  A
 FACILITY SHALL NOT INTENTIONALLY RETALIATE OR27
1256
-89- DISCRIMINATE AGAINST A DETAINED PERSON OR EMPLOYEE FOR1
CONTACTING OR PROVIDING INFORMATION TO ANY OFFICIAL OR TO AN2
EMPLOYEE OF ANY STATE PROTECTION AND ADVOCACY AGENCY OR FOR3
INITIATING, PARTICIPATING IN, OR TESTIFYING IN A GRIEVANCE PROCEDURE4
OR IN AN ACTION FOR ANY REMEDY AUTHORIZED PURSUANT TO THIS5
SECTION. ANY FACILITY THAT VIOLATES THIS SUBSECTION (10) COMMITS6
AN UNCLASSIFIED MISDEMEANOR AND SHALL BE FINED NOT MORE THAN7
ONE THOUSAND DOLLARS .8
      (d) ANY PERSON WHOSE RIGHTS ARE DENIED OR VIOLATED9
PURSUANT TO THIS SECTION HAS THE RIGHT TO FILE A COMPLIANT AGAINST10
THE FACILITY WITH THE BEHAVIORAL HEALTH ADMINISTRATION AND THE11
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT .12
SECTION 3. In Colorado Revised Statutes, 27-65-109, amend13
as added by House Bill 22-1256 (1), (2), (3), (4), (6), (7), (8), and (10)14
as follows:15
27-65-109.  Certification for short-term treatment - procedure.16
(1)  If A person detained pursuant to section 27-65-106 has received an17
evaluation, the person may be certified for not more than three months for18
short-term treatment under the following conditions:19
(a)      The professional staff of the agency or facility providing20
seventy-two-hour treatment and evaluation has analyzed the person's21
condition DETAINING THE PERSON ON AN EMERGENCY MENTAL HEALTH22
HOLD HAS EVALUATED THE PERSON and has found the person has a mental23
health disorder and, as a result of the mental health disorder, is a danger24
to others or to the person's self or others or is gravely disabled;     25
     26
(b)  The person has been advised of the availability of, but has not27
1256
-90- accepted, voluntary treatment; but, if reasonable grounds exist to believe1
that the person will not remain in a voluntary treatment program, the2
person's acceptance of voluntary treatment does not preclude certification;3
and4
(c)  The facility 
OR COMMUNITY PROVIDER that will provide5
short-term treatment has been designated or approved
 by the6
commissioner to provide such treatment; AND7
(d)  T
HE PERSON, THE PERSON'S LEGAL GUARDIAN, AND THE8
PERSON'S LAY PERSON, IF APPLICABLE, HAVE BEEN ADVISED OF THE9
PERSON'S RIGHT TO AN ATTORNEY AND TO CONTEST THE CERTIFICATION10
FOR SHORT-TERM TREATMENT.11
(2)  The notice of certification must be signed by a professional12
person on the staff of the evaluation facility
 who participated in the13
evaluation. and      THE NOTICE OF CERTIFICATION must:14
(a)  State facts sufficient to establish reasonable grounds to believe15
that the person RESPONDENT has a mental health disorder and, as a result16
of the mental health disorder, is a danger to others or to the person's self17
THE RESPONDENT'S SELF OR OTHERS or is gravely disabled;18
(b)  Be filed with the court within forty-eight hours, excluding19
Saturdays, Sundays, and court holidays, of AFTER the date of certification;20
and21
(c)  Be filed with the court in the county in which the respondent22
resided or was physically present immediately prior to being taken into23
custody; 
AND24
(d)  P
ROVIDE RECOMMENDATIONS IF THE CERTIFICATION SHOULD25
TAKE PLACE ON AN INPATIENT OR OUTPATIENT BASIS .26
(3)  Within twenty-four hours after certification, copies of the27
1256
-91- certification must be personally delivered to the respondent, THE BHA,1
and a copy must be kept by the evaluation EVALUATING facility as part of2
the respondent's record, 
IF APPLICABLE. The FACILITY OR COURT SHALL3
ASK THE respondent must also be asked
 to designate one other person A4
LAY PERSON whom the respondent wishes TO BE informed regarding5
certification. If the respondent is incapable of making such a designation6
at the time the certification is delivered, he or she THE RESPONDENT must7
be asked to designate such A LAY person as soon as the respondent is8
capable. In addition to the copy of the certification, the respondent must9
be given a written notice that a hearing upon the respondent's certification10
for short-term treatment may be had before the court or a jury upon11
written request directed to the court pursuant to subsection (6) of this12
section.13
(4) Upon certification of the respondent, the facility designated for14
short-term treatment has custody of the respondent.15
(6)  The respondent for short-term treatment or the respondent's16
attorney may at any time file a written request that the certification for17
short-term treatment or the treatment be reviewed by the court or that the18
treatment be on an outpatient basis. If review is requested, the court shall19
hear the matter within ten days after the request, and the court shall give20
notice to the respondent and the respondent's attorney and the certifying21
and treating professional person of the time and place thereof OF THE22
HEARING. The hearing must be held in accordance with section23
27-65-113. At the conclusion of the hearing, the court may enter or24
confirm the certification for short-term treatment, discharge the25
respondent, or enter any other appropriate order. subject to available26
appropriations.27
1256
-92- (7)  Records and papers in proceedings under PURSUANT TO this1
section must be maintained separately by the clerks of the several courts.2
Upon the release of any respondent in accordance with section 27-65-112,3
the facility shall notify the clerk of the court within five days after the4
release, and the clerk shall forthwith IMMEDIATELY seal the record in the5
case and omit the name of the respondent from the index of cases in the6
court until and unless the respondent becomes subject to an order of7
CERTIFICATION FOR long-term care and treatment pursuant to section8
27-65-110 or until and unless the court orders them
 THE RECORDS opened9
for good cause shown. In the event a petition is filed pursuant to section10
27-65-110, the certification record may be opened and become a part of11
the record in the long-term care and treatment case and the name of the12
respondent indexed.13
(8)  Whenever it appears to the court, by reason of a report by the14
treating professional person 
OR THE 
BHA or any other report satisfactory15
to the court, that a respondent detained for evaluation and treatment or16
certified for 
SHORT-TERM 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 transportation19
provider or a sheriff
 A CERTIFIED PEACE OFFICER, the court may issue an20
order directing the sheriff or the sheriff's designee, THE LAW21
ENFORCEMENT AGENCY WHERE THE RESPONDENT RESIDES OR SECURE22
TRANSPORTATION PROVIDER to deliver the respondent to the designated23
facility.24
(10)  If the professional person in charge of the evaluation and25
treatment believes that a period longer than three months is necessary for26
treatment of TO TREAT the respondent, the professional person shall file27
1256
-93- with the court an extended certification AT LEAST THIRTY DAYS PRIOR TO1
THE EXPIRATION DATE OF THE ORIGINAL CERTIFICATION . An extended2
certification for treatment is MUST NOT BE for a period of more than three3
months. The respondent is entitled to a hearing on the extended4
certification under the same conditions as an original certification. The5
attorney initially representing the respondent shall continue to represent6
the respondent, unless the court appoints another attorney.7
SECTION 4. In Colorado Revised Statutes, amend as added by8
House Bill 22-1256 27-65-112 as follows:9
27-65-112.  Termination of certification for short-term and10
long-term treatment. (1)  An original or extended certification for11
short-term treatment 
ISSUED PURSUANT TO SECTION 27-65-109, or an order12
OR EXTENSION FOR CERTIFICATION for long-term care and treatment or any
13
extension thereof PURSUANT TO SECTION 27-65-110 terminates as soon as14
in the opinion of the professional person in charge of treatment of the15
respondent 
AND THE 
BHA DETERMINE the respondent has received16
sufficient benefit from such THE treatment for the respondent to leave17
END INVOLUNTARY TREATMENT . Whenever a certification or extended18
certification is terminated pursuant to this section, the professional person19
in charge of providing treatment shall so notify the court in writing within20
five days after 
THE termination. The professional person may also
21
prescribe day care, night care, or any other similar mode of treatment22
prior to termination.23
(2)  Before termination, an escaped A respondent WHO LEAVES A24
FACILITY may be returned to the facility by order of the court without a25
hearing or by the superintendent or director of the facility without order26
of A court ORDER. After termination, a respondent may be returned to the27
1256
-94- facility only in accordance with this article 65.1
SECTION 5. In Colorado Revised Statutes, amend as added by2
House Bill 22-1256 27-65-119 as follows:3
27-65-119. [Formerly 27-65-117] Rights of respondents4
certified for short-term treatment or long-term care and treatment.5
(1)  Each person receiving evaluation, care or treatment pursuant to any6
provision of this article RESPONDENT CERTIFIED FOR SHORT -TERM7
TREATMENT OR LONG -TERM CARE AND TREATMENT ON AN INPATIENT8
BASIS PURSUANT TO SECTIONS 27-65-109 AND 27-65-110 has the9
following rights and shall be advised of such rights by the facility:10
(a)  T
O BE TREATED FAIRLY, WITH RESPECT AND RECOGNITION OF11
THE RESPONDENT'S DIGNITY AND INDIVIDUALITY, BY ALL EMPLOYEES OF12
THE FACILITY WITH WHOM THE RESPONDENT COMES IN CONTACT ;13
(b)  T
O NOT BE DISCRIMINATED AGAINST ON THE BASIS OF AGE ,14
RACE, ETHNICITY, RELIGION, CULTURE, SPOKEN LANGUAGE, PHYSICAL OR15
MENTAL DISABILITY, SOCIOECONOMIC STATUS, SEX, SEXUAL ORIENTATION,16
GENDER IDENTITY, OR GENDER EXPRESSION;17
(c)  T
O RETAIN AND CONSULT WITH AN ATTORNEY AT ANY TIME ;18
(d)  T
O MEET WITH OR CALL A PERSONAL CLINICIAN , SPIRITUAL19
ADVISOR, COUNSELOR, CRISIS HOTLINE, FAMILY MEMBER, WORKPLACE,20
CHILD CARE PROVIDER, OR SCHOOL AT ALL REASONABLE TIMES ;21
(e)  T
O CONTINUE THE PRACTICE OF RELIGION;22
(f)  W
ITHIN TWENTY-FOUR HOURS AFTER THE RESPONDENT 'S23
REQUEST, TO SEE AND RECEIVE THE SERVICES OF A PATIENT24
REPRESENTATIVE WHO HAS NO DIRECT OR INDIRECT CLINICAL	,25
ADMINISTRATIVE, OR FINANCIAL RESPONSIBILITY FOR THE PERSON;26
(a)
 (g)  To receive and send sealed correspondence, No incoming27
1256
-95- or outgoing correspondence shall be opened, delayed, held, or censored1
by the personnel of the facility AS WELL AS TO BE GIVEN THE ASSISTANCE2
OF FACILITY STAFF IF THE RESPONDENT IS UNABLE TO WRITE, PREPARE, OR3
MAIL CORRESPONDENCE . FACILITY STAFF SHALL NOT OPEN , DELAY,4
INTERCEPT, READ, OR CENSOR MAIL OR OTHER COMMUNICATIONS OR USE5
MAIL OR OTHER COMMUNICATIONS AS A METHOD TO ENFORCE6
COMPLIANCE WITH FACILITY STAFF;7
(h)  T
O HAVE THE RESPONDENT	'S BEHAVIORAL HEALTH ORDERS FOR8
SCOPE OF TREATMENT OR PSYCHIATRIC ADVANCE DIRECTIVE REVIEWED9
AND CONSIDERED BY THE COURT AS THE PREFERRED TREATMENT OPTION10
FOR INVOLUNTARY ADMINISTRATION OF MEDICATIONS UNLESS , BY CLEAR11
AND CONVINCING EVIDENCE , THE RESPONDENT'S DIRECTIVE DOES NOT12
QUALIFY AS EFFECTIVE PARTICIPATION IN BEHAVIORAL HEALTH13
DECISION-MAKING;14
(i)  T
O HAVE REASONABLE ACCESS TO TELEPHONES OR OTHER15
COMMUNICATION DEVICES AND TO MAKE AND RECEIVE CALLS OR16
COMMUNICATIONS IN PRIVATE ;17
(d)
 (j)  To have frequent and convenient opportunities to meet with18
visitors; Each person may19
(k) T
O see the person's
 THE RESPONDENT'S attorney, clergyperson,20
or physician at any time;21
(e) (l)  To wear the person's THE RESPONDENT'S own clothes, keep22
and use his or her THE RESPONDENT'S own personal possessions,23
INCLUDING THE PERSON'S CELL PHONE, and keep and be allowed to spend24
a reasonable sum of the person's THE RESPONDENT'S own money;25
(m)  T
O HAVE THE RESPONDENT 'S INFORMATION AND RECORDS26
DISCLOSED TO FAMILY MEMBERS AND A LAY PERSON PURSUANT TO27
1256
-96- SECTION 27-65-123;1
(n)  T
O HAVE THE RESPONDENT'S TREATMENT RECORDS REMAIN2
CONFIDENTIAL, EXCEPT AS REQUIRED BY LAW;3
(o)  T
O HAVE APPROPRIATE ACCESS TO ADEQUATE WATER	, HYGIENE4
PRODUCTS, AND FOOD AND TO HAVE THE RESPONDENT 'S NUTRITIONAL5
NEEDS MET IN A MANNER THAT IS CONSISTENT WITH RECOGNIZED DIETARY6
PRACTICES;7
(p)  T
O HAVE PERSONAL PRIVACY TO THE EXTENT POSSIBLE DURING8
THE COURSE OF TREATMENT; AND9
(q)  T
O HAVE ACCESS TO A REPRESENTATIVE WITHIN THE FACILITY10
WHO PROVIDES ASSISTANCE TO FILE A GRIEVANCE .11
(2)  A person's
 RESPONDENT'S rights under subsection (1) of this12
section may be denied for good cause only by the professional person13
providing treatment IF ACCESS TO THE ITEM, PROGRAM, OR SERVICE14
WOULD ENDANGER THE SAFETY OF THE RESPONDENT OR ANOTHER PERSON15
IN CLOSE PROXIMITY AND MAY ONLY BE DENIED BY A PERSON INVOLVED16
IN THE RESPONDENT'S CARE. Denial of any right must in all cases MUST be17
entered into the person's RESPONDENT'S treatment record. Information18
pertaining to a denial of rights contained in the person's RESPONDENT'S19
treatment record must be made available, upon request, to the person20
RESPONDENT, THE RESPONDENT'S LEGAL GUARDIAN, or the person's THE21
RESPONDENT'S attorney.22
(3)  No person A RESPONDENT admitted to or in a facility shall23
MUST NOT be fingerprinted unless required by other provisions of law. 24
(4)  A person RESPONDENT may be photographed upon admission25
for identification and the administrative purposes of the facility. The26
photographs are confidential and must not be released by the facility27
1256
-97- except pursuant to court order. No other Nonmedical photographs may1
SHALL NOT be taken or used without appropriate consent or authorization.2
(5)  Any person RESPONDENT receiving evaluation or treatment3
under any of the provisions of this article 65 is entitled to a written copy4
AND VERBAL DESCRIPTION IN A LANGUAGE OR MODALITY ACCESSIBLE TO5
THE PERSON of all the person's
 rights enumerated in this section, and a6
minor child shall MUST receive written notice of the minor's rights as7
provided in section 27-65-104 (6)(g). A list of the rights must be8
prominently posted in all evaluation and treatment facilities 
IN THE9
PREDOMINANT LANGUAGES OF THE COMMUNITY AND EXPLAINED IN A10
LANGUAGE OR MODALITY ACCESSIBLE TO THE RESPONDENT	. THE FACILITY11
SHALL ASSIST THE RESPONDENT IN EXERCISING THE RIGHTS ENUMERATED12
IN THIS SECTION.13
(6)  A
 FACILITY SHALL NOT INTENTIONALLY RETALIATE OR14
DISCRIMINATE AGAINST A PERSON OR EMPLOYEE FOR CONTACTING OR15
PROVIDING INFORMATION TO ANY OFFICIAL OR TO AN EMPLOYEE OF ANY16
STATE PROTECTION AND ADVOCACY AGENCY , OR FOR INITIATING,17
PARTICIPATING IN, OR TESTIFYING IN A GRIEVANCE PROCEDURE OR IN AN18
ACTION FOR ANY REMEDY AUTHORIZED PURSUANT TO THIS SECTION . ANY19
FACILITY THAT VIOLATES THIS SUBSECTION (6) COMMITS AN UNCLASSIFIED20
MISDEMEANOR AND SHALL BE FINED NOT MORE THAN ONE THOUSAND21
DOLLARS.22
      (7) ANY RESPONDENT WHOSE RIGHTS ARE DENIED OR23
VIOLATED PURSUANT TO THIS SECTION HAS THE RIGHT TO FILE A24
COMPLIANT AGAINST THE FACILITY WITH THE BEHAVIORAL HEALTH25
ADMINISTRATION AND THE DEPARTMENT OF PUBLIC HEALTH AND26
ENVIRONMENT.27
1256
-98- SECTION 6. In Colorado Revised Statutes, 7-60-132, amend1
(1)(a) as follows:2
7-60-132.  Dissolution by decree of court. (1)  On application by3
or for a partner, the court shall decree a dissolution if:4
(a)  A partner has been determined by the court to be mentally5
incompetent to such a degree that the partner is incapable of performing6
the partner's part of the partnership contract or a court of competent7
jurisdiction has made such a finding pursuant to part 3 or part 4 of article8
14 of title 15 or section 27-65-109 (4) SECTION 27-65-110 (4) or9
27-65-127; C.R.S.;10
SECTION 7. In Colorado Revised Statutes, 12-215-115, amend11
(7) as follows:12
12-215-115.  Discipline of licensees - suspension, revocation,13
denial, and probation - grounds - definitions. (7)  In the event any14
person holding a license to practice chiropractic in this state is determined15
to be mentally incompetent or insane by a court of competent jurisdiction16
and a court enters, pursuant to part 3 or 4 of article 14 of title 15 or17
section 27-65-109 (4) SECTION 27-65-110 (4) or 27-65-127, an order18
specifically finding that the mental incompetency or insanity is of such a19
degree that the person holding a license is incapable of continuing to20
practice chiropractic, his or her THE PERSON'S license shall automatically21
be suspended by the board, and, anything in this article 215 to the22
contrary notwithstanding, the suspension shall MUST continue until the23
licensee is found by the court to be competent to practice chiropractic. 24
SECTION 8. In Colorado Revised Statutes, 12-240-125, amend25
(7) as follows:26
12-240-125.  Disciplinary action by board - rules. (7)  If any27
1256
-99- licensee is determined to be mentally incompetent or insane by a court of1
competent jurisdiction and a court enters, pursuant to part 3 or 4 of article2
14 of title 15 or section 27-65-109 (4) SECTION 27-65-110 (4) or3
27-65-127, an order specifically finding that the mental incompetency or4
insanity is of such a degree that the licensee is incapable of continuing to5
practice medicine, practice as a physician assistant, or practice as an6
anesthesiologist assistant, the board shall automatically suspend his or her7
THE LICENSEE'S license, and, anything in this article 240 to the contrary8
notwithstanding, the suspension must continue until the licensee is found9
by the court to be competent to practice medicine, practice as a physician10
assistant, or practice as an anesthesiologist assistant.11
SECTION 9. In Colorado Revised Statutes, 12-245-203.5,12
amend (1) as follows:13
12-245-203.5.  Minors - consent for outpatient psychotherapy14
services - immunity - definition. (1)  As used in this section, unless the15
context otherwise requires, "mental health professional" includes a16
professional person as defined in section 27-65-102 (17) (27); a mental17
health professional licensed pursuant to part 3, 4, 5, 6, or 8 of this article18
245; a licensed professional counselor candidate; a psychologist19
candidate; or a school social worker licensed by the department of20
education.21
SECTION 10. In Colorado Revised Statutes, 12-245-216, amend22
(2) and (4)(b) as follows:23
12-245-216.  Mandatory disclosure of information to clients.24
(2)  If the client is a child MINOR who is consenting to mental health25
services pursuant to section 27-65-103 SECTION 27-65-104, disclosure26
shall MUST be made to the child MINOR. If the client is a child MINOR27
1256
-100- whose parent or legal guardian is consenting to mental health services,1
disclosure shall MUST be made to the MINOR'S parent or legal guardian.2
(4)  The disclosure of information required by subsection (1) of3
this section is not required when psychotherapy is being administered in4
any of the following circumstances:5
(b)  Pursuant to a court order or involuntary procedures pursuant6
to sections 27-65-105 to 27-65-109 SECTIONS 27-65-106 TO 27-65-110; 7
SECTION 11. In Colorado Revised Statutes, 12-255-119, amend8
(7) as follows:9
12-255-119.  Disciplinary procedures of the board - inquiry10
and hearings panels - mental and physical examinations - definitions11
- rules. (7)  In case any nurse is determined to be mentally incompetent12
or insane by a court of competent jurisdiction and a court enters, pursuant13
to part 3 or 4 of article 14 of title 15 or section 27-65-109 (4) SECTION14
27-65-110
 (4) or 27-65-127, an order specifically finding that the mental15
incompetency or insanity is of such a degree that the nurse is incapable16
of continuing the practice of nursing, the nurse's license
 BOARD shall17
automatically be suspended by the board SUSPEND THE NURSE'S LICENSE,18
and, notwithstanding any provision of this part 1 to the contrary, the19
suspension shall MUST continue until the nurse is found by the court to be20
competent to continue the practice of nursing.21
SECTION 12. In Colorado Revised Statutes, 12-290-113, amend22
(8) as follows:23
12-290-113.  Disciplinary action by board. (8)  If a person24
holding a license to practice podiatry in this state is determined to be25
mentally incompetent or insane by a court of competent jurisdiction and26
a court enters, pursuant to part 3 or 4 of article 14 of title 15 or section27
1256
-101- 27-65-109 (4) SECTION 27-65-110 (4) or 27-65-127, an order specifically1
finding that the mental incompetency or insanity is of such a degree that2
the person holding a license is incapable of continuing to practice3
podiatry, the license BOARD shall automatically be suspended by the board4
SUSPEND THE LICENSE, and, anything in this article 290 to the contrary5
notwithstanding, the suspension shall MUST continue until the licensee is6
found by the court to be competent to practice podiatry.7
SECTION 13. In Colorado Revised Statutes, 12-315-112, amend8
(1)(v) as follows:9
12-315-112.  Discipline of licensees. (1)  Upon receipt of a signed10
complaint by a complainant or upon its own motion, the board may11
proceed to a hearing in conformity with section 12-315-113. After a12
hearing, and by a concurrence of a majority of members, the board may13
take disciplinary or other action as authorized in section 12-20-40414
against an applicant or a licensed veterinarian for any of the following15
reasons:16
(v)  A determination that the individual is mentally incompetent by17
a court of competent jurisdiction and the court has entered, pursuant to18
part 3 or 4 of article 14 of title 15 or section 27-65-109 (4) SECTION19
27-65-110
 (4) or 27-65-127, an order specifically finding that the mental20
incompetency is of such a degree that the individual is incapable of21
continuing to practice veterinary medicine;22
SECTION 14. In Colorado Revised Statutes, 13-5-142, amend23
(1)(c) and (3)(b)(III) as follows:24
13-5-142.  National instant criminal background check system25
- reporting. (1)  On and after March 20, 2013, the state court26
administrator shall send electronically the following information to the27
1256
-102- Colorado bureau of investigation created pursuant to section 24-33.5-401,1
referred to in this section as the "bureau":2
(c)  The name of each person with respect to whom the court has3
entered an order for involuntary certification for short-term treatment of4
a mental health disorder pursuant to section 27-65-107 SECTION5
27-65-109, for extended certification for treatment of a mental health6
disorder pursuant to section 27-65-108 SECTION 27-65-109 (10), or for7
long-term care and treatment of a mental health disorder pursuant to8
section 27-65-109 SECTION 27-65-110.9
(3)  The state court administrator shall take all necessary steps to10
cancel a record made by the state court administrator in the national11
instant criminal background check system if:12
(b)  No less than three years before the date of the written request:13
(III)  The record in the case was sealed pursuant to section14
27-65-107 (7) SECTION 27-65-109 (7), or the court entered an order15
discharging the person from certification in the nature of habeas corpus16
pursuant to section 27-65-113 SECTION 27-65-115, if the record in the17
national instant criminal background check system is based on a court18
order for involuntary certification for short-term treatment of a mental19
health disorder.20
SECTION 15. In Colorado Revised Statutes, 13-5-142.5, amend21
(2)(a)(III) as follows:22
13-5-142.5.  National instant criminal background check23
system - judicial process for awarding relief from federal24
prohibitions - legislative declaration. (2)  Eligibility. A person may25
petition for relief pursuant to this section if:26
(a) (III)  The court has entered an order for the person's involuntary27
1256
-103- certification for short-term treatment of a mental health disorder pursuant1
to section 27-65-107 SECTION 27-65-109, for extended certification for2
treatment of a mental health disorder pursuant to section 27-65-1083
SECTION 27-65-109 (10), or for long-term care and treatment of a mental4
health disorder pursuant to section 27-65-109 SECTION 27-65-110; and5
SECTION 16. In Colorado Revised Statutes, amend 13-5-142.86
as follows:7
13-5-142.8.  Notice by professional persons. Under sections8
13-9-123 (1), 13-9-124 (2), 13-5-142 (1), and 13-5-142.5 (2), an order for9
involuntary certification for short-term treatment of a mental health10
disorder pursuant to section 27-65-107 shall SECTION 27-65-109 MUST11
also include a notice filed by a professional person pursuant to section12
27-65-107 SECTION 27-65-109, and an order for extended certification for13
treatment of mental health disorder pursuant to section 27-65-108 shall14
SECTION 27-65-109 (10) MUST also include a notice filed by a professional15
person pursuant to section 27-65-108 SECTION 27-65-109 (10).16
SECTION 17. In Colorado Revised Statutes, 13-9-123, amend17
(1)(c) and (3)(b)(III) as follows:18
13-9-123.  National instant criminal background check system19
- reporting. (1)  On and after March 20, 2013, the state court20
administrator shall send electronically the following information to the21
Colorado bureau of investigation created pursuant to section 24-33.5-401,22
referred to in this section as the "bureau":23
(c)  The name of each person with respect to whom the court has24
entered an order for involuntary certification for short-term treatment of25
a mental health disorder pursuant to section 27-65-107 SECTION26
27-65-109, for extended certification for treatment of a mental health27
1256
-104- disorder pursuant to section 27-65-108 SECTION 27-65-109 (10), or for1
long-term care and treatment of a mental health disorder pursuant to2
section 27-65-109 SECTION 27-65-110.3
(3)  The state court administrator shall take all necessary steps to4
cancel a record made by the state court administrator in the national5
instant criminal background check system if:6
(b)  No less than three years before the date of the written request:7
(III)  The record in the case was sealed pursuant to section8
27-65-107 (7) SECTION 27-65-109 (7), or the court entered an order9
discharging the person from certification in the nature of habeas corpus10
pursuant to section 27-65-113 SECTION 27-65-115, if the record in the11
national instant criminal background check system is based on a court12
order for involuntary certification for short-term treatment of a mental13
health disorder.14
SECTION 18. In Colorado Revised Statutes, 13-9-124, amend15
(2)(a)(III) as follows:16
13-9-124.  National instant criminal background check system17
- judicial process for awarding relief from federal prohibitions -18
legislative declaration. (2)  Eligibility. A person may petition for relief19
pursuant to this section if:20
(a) (III)  The court has entered an order for the person's involuntary21
certification for short-term treatment of a mental health disorder pursuant22
to section 27-65-107 SECTION 27-65-109, for extended certification for23
treatment of a mental health disorder pursuant to section 27-65-10824
SECTION 27-65-109 (10), or for long-term care and treatment of a mental25
health disorder pursuant to section 27-65-109 SECTION 27-65-110; and26
SECTION 19. In Colorado Revised Statutes, 13-14.5-105,27
1256
-105- amend (8)(a) as follows:1
13-14.5-105.  Hearings on petition - grounds for order issuance.2
(8) (a)  Before issuing an extreme risk protection order, the court shall3
consider whether the respondent meets the standard for a court-ordered4
evaluation for persons with mental health disorders pursuant to section5
27-65-106. If the court determines that the respondent meets the standard,6
then, in addition to issuing an extreme risk protection order, the court7
shall order mental health treatment and evaluation authorized pursuant to8
section 27-65-106 (6) SECTION 27-65-106 (4)(d).9
SECTION 20. In Colorado Revised Statutes, 13-20-401, amend10
(2) as follows:11
13-20-401.  Definitions. As used in this part 4, unless the context12
otherwise requires:13
(2)  "Patient" means the person upon whom a proposed14
electroconvulsive treatment is to be performed; except that nothing in this15
part 4 supersedes the provisions of article 65 of title 27 or any rule16
adopted by the department of human services BEHAVIORAL HEALTH17
ADMINISTRATION pursuant to section 27-65-116 (2) SECTION 27-65-11818
(2) with regard to the care and treatment of any person unable to exercise19
written informed consent or of a person with a mental health disorder.20
SECTION 21. In Colorado Revised Statutes, 15-18.7-201,21
amend (9)(b) as follows:22
15-18.7-201.  Definitions. As used in this part 2, unless the23
context otherwise requires:24
(9)  "Health-care provider" means:25
(b)  A professional person, as defined in section 27-65-102 (17)26
(27);27
1256
-106- SECTION 22. In Colorado Revised Statutes, 15-18.7-202,1
amend (5), (6), and (7) as follows:2
15-18.7-202.  Behavioral health orders for scope of treatment3
- form contents - effect. (5)  A behavioral health orders form may be4
admissible in a hearing pursuant to section 27-65-111 SECTION 27-65-1135
for the purpose of establishing the adult's behavioral health treatment,6
medication, and alternative treatment history, decisions, and preferences7
to be made on behalf of the adult during an involuntary emergency8
procedure, certification, or commitment authorized pursuant to state law.9
(6)  Nothing in this part 2 means that an adult who has executed a10
behavioral health orders form has waived the right to a hearing before the11
court or jury pursuant to section 27-65-111 SECTION 27-65-113.12
(7)  Nothing in this part 2 means that an adult who has executed a13
behavioral health orders form has consented to a petition for involuntary14
administration of medication authority pursuant to section 27-65-111 (5)15
SECTION 27-65-113 (5).16
SECTION 23. In Colorado Revised Statutes, 16-8.5-105, amend17
(1)(a)(IV) and (6) as follows:18
16-8.5-105.  Evaluations, locations, time frames, and report.19
(1) (a) (IV)  Nothing in this subsection (1)(a) limits the availability of a20
court-ordered evaluation for a person with a mental health disorder21
pursuant to section 27-65-106 or invokes the emergency procedure FOR22
AN EMERGENCY MENTAL HEALTH HOLD set forth in section 27-65-10523
SECTION 27-65-106.24
(6)  Whenever a competency evaluation is ordered upon the25
request of either party, the court may notify the county attorney or district26
attorney required to conduct proceedings pursuant to section 27-65-11127
1256
-107- (6) SECTION 27-65-113 (6) for the county in which the charges are1
pending and the court liaison hired pursuant to part 2 of article 11.9 of2
this title 16 of all court dates for return of the report on competency to3
ensure that all parties are on notice of the expected need for coordinated4
services and planning with consideration of possible civil certification.5
SECTION 24. In Colorado Revised Statutes, 16-8.5-111, amend6
(2)(a) as follows:7
16-8.5-111.  Procedure after determination of competency or8
incompetency. (2)  If the final determination made pursuant to section9
16-8.5-103 is that the defendant is incompetent to proceed, the court has10
the following options:11
(a)  If the defendant is charged with an offense as outlined in12
section 16-8.5-116 (7) and the competency evaluation has determined that13
the defendant meets the standard for civil certification pursuant to article14
65 of title 27, the court may forgo any order of restoration and15
immediately order that proceedings be initiated by the county attorney or16
district attorney required to conduct proceedings pursuant to section17
27-65-111 (6) SECTION 27-65-113 (6) for the civil certification of the18
defendant and dismiss the charges without prejudice in the interest of19
justice once civil certification proceedings have been initiated.20
SECTION 25. In Colorado Revised Statutes, 16-8.5-116, amend21
(5), (6)(b), and (10) as follows:22
16-8.5-116.  Certification - reviews - termination of23
proceedings - rules. (5)  The court shall forward a copy of each report24
and summary received pursuant to subsections (2), (3), and (4) of this25
section to the county attorney or district attorney required to conduct26
proceedings pursuant to section 27-65-111 (6) SECTION 27-65-113 (6) for27
1256
-108- the county in which the case is pending and to the court liaison.1
(6)  Notwithstanding the time periods provided in subsections (7),2
(8), and (9) of this section and to ensure compliance with relevant3
constitutional principles, for any offense for which the defendant remains4
confined as a result of a determination of incompetency to proceed if the5
court determines, based on available evidence, that there is not a6
substantial probability that the defendant will be restored to competency7
within the reasonably foreseeable future, the court may order the8
defendant's release from commitment pursuant to this article 8.5 through9
one or more of the following means:10
(b)  The court may, in coordination with the county attorney or11
district attorney required to conduct proceedings pursuant to section12
27-65-111 (6) SECTION 27-65-113 (6) for the county in which the13
defendant is charged, order the commencement of certification14
proceedings pursuant to the provisions of article 65 of title 27 if the15
defendant meets the requirements for certification pursuant to article 6516
of title 27;17
(10)  Prior to the dismissal of charges pursuant to subsection (1),18
(6), (7), (8), or (9) of this section, the court shall identify whether the19
defendant meets the requirements for certification pursuant to article 6520
of title 27, or for the provision of services pursuant to article 10.5 of title21
27, or whether the defendant will agree to a voluntary commitment. If the22
court finds the requirements for certification or provision of services are23
met or the defendant does not agree to a voluntary commitment, the court24
may stay the dismissal for twenty-one days and notify the department and25
county attorney or district attorney required to conduct proceedings26
pursuant to section 27-65-111 (6) 27-65-113 (6) in the relevant27
1256
-109- jurisdiction of the pending dismissal so as to provide the department and1
the county attorney or district attorney with the opportunity to pursue2
certification proceedings or the provision of necessary services.3
SECTION 26. In Colorado Revised Statutes, 18-1.3-204, amend4
(2)(a)(II) as follows:5
18-1.3-204.  Conditions of probation - interstate compact6
probation transfer cash fund - creation. (2) (a)  When granting7
probation, the court may, as a condition of probation, require that the8
defendant:9
(II)  Undergo available medical or psychiatric treatment and10
remain in a specified institution if required for that purpose. In any case11
where inpatient psychiatric treatment is indicated, the court shall proceed12
in accordance with article 65 of title 27 C.R.S., and require the defendant13
to comply with the recommendation of the professional person in charge14
of the evaluation required pursuant to section 27-65-105 or 27-65-106.15
C.R.S.16
SECTION 27. In Colorado Revised Statutes, 18-6.5-102, amend17
(11)(e) as follows:18
18-6.5-102.  Definitions. As used in this article 6.5, unless the19
context otherwise requires:20
(11)  "Person with a disability" means any person who:21
(e)  Is a person with HAS a mental health disorder, as the term is22
defined in section 27-65-102; (11.5);23
SECTION 28. In Colorado Revised Statutes, 19-1-115, amend24
(8)(a) as follows:25
19-1-115.  Legal custody - guardianship - placement out of the26
home - petition for review for need of placement. (8) (a)  Whenever it27
1256
-110- appears necessary that the placement of a child out of the home will be1
for longer than ninety days, the placement is voluntary and not2
court-ordered, and the placement involves the direct expenditure of funds3
appropriated by the general assembly to the department of human4
services, a petition for review of need for placement shall be filed by the5
department or agency with which the child has been placed before the6
expiration of ninety days in the placement. A decree providing for7
voluntary placement of a child with an agency in which public moneys8
are MONEY IS expended shall MUST be renewable in circumstances where9
WHEN there is documentation that the child has an emotional, a physical,10
or an intellectual disability that necessitates care and treatment for a11
longer duration than ninety days as provided pursuant to this paragraph12
(a) SUBSECTION (8)(a). The court shall not transfer or require13
relinquishment of legal custody of, or otherwise terminate the parental14
rights with respect to, a child who has an emotional, a physical, or an15
intellectual disability and who was voluntarily placed out of the home for16
the purposes of obtaining special treatment or care solely because the17
parent or legal guardian is unable to provide the treatment or care.18
Whenever a child fifteen years of age or older consents to placement in19
a mental health facility pursuant to section 27-65-103, C.R.S., SECTION20
27-65-104, the review under section 27-65-103 (5), C.R.S., shall21
PURSUANT TO SECTION 27-65-104 (4) MUST be conducted in lieu of and22
shall MUST fulfill the requirements for review under this paragraph (a)23
SUBSECTION (8)(a).24
SECTION 29. In Colorado Revised Statutes, 19-2.5-102, amend25
(34) as follows:26
19-2.5-102.  Definitions. In addition to the terms defined in27
1256
-111- section 19-1-103, as used in this article 2.5, unless the context otherwise1
requires:2
(34)  "Mental health hospital placement prescreening" means a3
face-to-face mental health examination conducted by a mental health4
professional to determine whether a child should be placed in a facility5
for evaluation pursuant to section 27-65-105 or 27-65-106. The6
prescreening may include consultation with other mental health7
professionals and review of all available records on the child.8
SECTION 30. In Colorado Revised Statutes, 19-2.5-305, amend9
as it exists until July 1, 2024, (3)(b)(I); and amend (3)(b)(II), (3)(b)(III),10
and (3)(b)(IV) as follows:11
19-2.5-305.  Detention and shelter - hearing - time limits -12
findings - review - confinement with adult offenders - restrictions.13
(3) (b) (I)  If it appears that a juvenile being held in detention or14
temporary shelter may have an intellectual and developmental disability,15
as described in article 10.5 of title 27, the court or detention personnel16
shall refer the juvenile to the nearest community-centered board for an17
eligibility determination. If it appears that a juvenile being held in a18
detention or temporary shelter facility pursuant to this article 2.5 may19
have a mental health disorder, as provided in sections 27-65-105 and20
SECTION 27-65-106, the intake personnel or other appropriate personnel21
shall contact a mental health professional to do a mental health hospital22
placement prescreening on the juvenile. The court must be notified of the23
contact and may take appropriate action. If a mental health hospital24
placement prescreening is requested, it must be conducted in an25
appropriate place accessible to the juvenile and the mental health26
professional. A request for a mental health hospital placement27
1256
-112- prescreening must not extend the time within which a detention hearing1
must be held pursuant to this section. If a detention hearing has been set2
but has not yet occurred, the mental health hospital placement3
prescreening must be conducted prior to the hearing; except that the4
prescreening must not extend the time within which a detention hearing5
must be held.6
(II)  If a juvenile has been ordered detained pending an7
adjudication, disposition, or other court hearing, and the juvenile8
subsequently appears to have a mental health disorder, as described in9
section 27-65-105 or 27-65-106, the intake personnel or other appropriate10
personnel shall contact the court with a recommendation for a mental11
health hospital placement prescreening. A mental health hospital12
placement prescreening must be conducted at any appropriate place13
accessible to the juvenile and the mental health professional within14
twenty-four hours of AFTER the request, excluding Saturdays, Sundays,15
and legal holidays.16
(III)  When the mental health professional finds, as a result of the17
prescreening, that the juvenile may have a mental health disorder, the18
mental health professional shall recommend to the court that the juvenile19
be evaluated pursuant to section 27-65-105 or 27-65-106.20
(IV)  Nothing in this subsection (3)(b) precludes the use of21
emergency procedures FOR AN EMERGENCY MENTAL HEALTH HOLD22
pursuant to section 27-65-105 (1) SECTION 27-65-106 (1)(a).23
SECTION 31. In Colorado Revised Statutes, 19-2.5-305, amend24
as it will become effective July 1, 2024, (3)(b)(I) as follows: 25
19-2.5-305.   Detention and shelter - hearing - time limits -26
findings - review - confinement with adult offenders - restrictions.27
1256
-113- (3) (b) (I)   If it appears that a juvenile being held in detention or1
temporary shelter may have an intellectual and developmental disability,2
as described in article 10.5 of title 27, the court or detention personnel3
shall refer the juvenile to the nearest case management agency, as defined4
in section 25.5-6-1702, for an eligibility determination. If it appears that5
a juvenile being held in a detention or temporary shelter facility pursuant6
to this article 2.5 may have a mental health disorder, as provided in7
sections 27-65-105 and SECTION 27-65-106, the intake personnel or other8
appropriate personnel shall contact a mental health professional to do a9
mental health hospital placement prescreening on the juvenile. The court10
must be notified of the contact and may take appropriate action. If a11
mental health hospital placement prescreening is requested, it must be12
conducted in an appropriate place accessible to the juvenile and the13
mental health professional. A request for a mental health hospital14
placement prescreening must not extend the time within which a15
detention hearing must be held pursuant to this section. If a detention16
hearing has been set but has not yet occurred, the mental health hospital17
placement prescreening must be conducted prior to the hearing; except18
that the prescreening must not extend the time within which a detention19
hearing must be held.20
SECTION 32. In Colorado Revised Statutes, 19-2.5-1114,21
amend (1) as follows:22
19-2.5-1114.  Sentencing - placement based on special needs of23
the juvenile. (1)  Except as otherwise required by section 19-2.5-1127 for24
an aggravated juvenile offender, the court may order that the juvenile be25
examined or treated by a physician, surgeon, psychiatrist, or psychologist26
or that the juvenile receive other special care and may place the juvenile27
1256
-114- in a hospital or other suitable facility for such purposes; except that a1
juvenile may not be placed in a mental health facility operated by the2
department of human services until the juvenile has received a mental3
health placement prescreening resulting in a recommendation that the4
juvenile be placed in a facility for an evaluation pursuant to section5
27-65-105 or 27-65-106, or a hearing has been held by the court after6
notice to all parties, including the department of human services. An7
order for a seventy-two-hour treatment and evaluation EMERGENCY8
MENTAL HEALTH HOLD must not be entered unless a hearing is held and9
evidence indicates that the prescreening report is inadequate, incomplete,10
or incorrect and that competent professional evidence is presented by a11
mental health professional that indicates that the juvenile has a behavioral12
or mental health disorder. The court shall make, prior to the hearing,13
orders regarding temporary custody of the juvenile as are deemed14
appropriate.15
SECTION 33. In Colorado Revised Statutes, 19-2.5-1525,16
amend (3)(b)(III) as follows:17
19-2.5-1525.  Juveniles committed to department of human18
services - evaluation and placement. (3) (b) (III)  If the evaluation19
report states that the juvenile has a mental health disorder, as described20
in sections 27-65-105 and SECTION 27-65-106, the department of human21
services shall initiate proceedings pursuant to article 65 of title 27 and22
notify the court.23
SECTION 34. In Colorado Revised Statutes, 19-2.5-1532,24
amend (3)(a) as follows:25
19-2.5-1532.  Juveniles committed to department of human26
services - transfers. (3) (a)   A juvenile committed to the department of27
1256
-115- human services may be transferred temporarily to any state treatment1
facility for persons with behavioral or mental health disorders or2
intellectual and developmental disabilities for purposes of diagnosis,3
evaluation, and emergency treatment; except that a juvenile may not be4
transferred to a state treatment facility for persons with mental health5
disorders until the juvenile has received a mental health hospital6
placement prescreening resulting in a recommendation that the juvenile7
be placed in a facility for evaluation pursuant to section 27-65-105 or8
27-65-106. A juvenile committed to the department of human services as9
an aggravated juvenile offender pursuant to section 19-2.5-1127 or10
violent juvenile offender pursuant to section 19-2.5-1126 (1)(c) must not11
be transferred until the treatment facility has a secure setting in which to12
house the juvenile. The period of temporary transfer pursuant to this13
subsection (3)(a) must not exceed sixty days.14
SECTION 35. In Colorado Revised Statutes, 19-3-401, amend15
(3)(c)(II) and (3)(c)(III) as follows:16
19-3-401.  Taking children into custody. (3) (c)  The court orders17
required by subsections (3)(a) and (3)(b) of this section are not required18
in the following circumstances:19
(II)  When the newborn child's only identifiable birth parent has20
been determined by a physician, registered nurse, or qualified mental21
health professional to meet the criteria specified in section 27-65-10522
SECTION 27-65-106 for custody, treatment, and evaluation of a mental23
health disorder or grave disability;24
(III)  When both of the newborn child's birth parents have been25
determined by a physician, registered nurse, or qualified mental health26
professional to meet the criteria specified in section 27-65-105 SECTION27
1256
-116- 27-65-106 for custody, treatment, and evaluation of a mental health1
disorder or grave disability; or2
SECTION 36. In Colorado Revised Statutes, 19-3-403, amend3
as it exists until July 1, 2024, (4)(a); and amend (4)(b), (4)(c), and (4)(d)4
as follows:5
19-3-403.  Temporary custody - hearing - time limits -6
restriction - rules. (4) (a)  If it appears that any child being held in a7
shelter facility may have an intellectual and developmental disability, as8
provided in article 10.5 of title 27, the court shall refer the child to the9
nearest community-centered board for an eligibility determination. If it10
appears that any child being held in a shelter facility pursuant to the11
provisions of this article 3 may have a mental health disorder, as provided12
in sections 27-65-105 and SECTION 27-65-106, the intake personnel or13
other appropriate personnel shall contact a mental health professional to14
do a mental health disorder prescreening on the child. The court shall be15
notified of the contact and may take appropriate action. If a mental health16
disorder prescreening is requested, it shall MUST be conducted in an17
appropriate place accessible to the child and the mental health18
professional. A request for a mental health disorder prescreening must not19
extend the time within which a hearing is to be held pursuant to this20
section. If a hearing has been set but has not yet occurred, the mental21
health disorder prescreening shall MUST be conducted prior to the hearing;22
except that the prescreening must not extend the time within which a23
hearing is to be held pursuant to this section.24
(b)  If a child has been ordered detained pending an adjudication,25
disposition, or other court hearing and the child subsequently appears to26
have a mental health disorder, as provided in section 27-65-105 or27
1256
-117- 27-65-106, the intake personnel or other appropriate personnel shall1
contact the court with a recommendation for a mental health disorder2
prescreening. A mental health disorder prescreening shall MUST be3
conducted at any appropriate place accessible to the child and the mental4
health professional within twenty-four hours of AFTER the request,5
excluding Saturdays, Sundays, and legal holidays.6
(c)  If the mental health professional finds, as a result of the7
prescreening, that the child may have a mental health disorder, the mental8
health professional shall recommend to the court that the child be9
evaluated pursuant to section 27-65-105 or 27-65-106, and the court shall10
proceed as provided in section 19-3-506.11
(d)  Nothing in this subsection (4) precludes the use of emergency12
procedures 
FOR AN EMERGENCY MENTAL HEALTH HOLD pursuant to13
section 27-65-105
 SECTION 27-65-106.14
SECTION 37. In Colorado Revised Statutes, 19-3-403, amend15
as it will become effective July 1, 2024, (4)(a) as follows:16
19-3-403.   Temporary custody - hearing - time limits -17
restriction - rules. (4) (a)  If it appears that any child being held in a18
shelter facility may have an intellectual and developmental disability, as19
provided in article 10.5 of title 27, the court shall refer the child to the20
nearest case management agency, as defined in section 25.5-6-1702, for21
an eligibility determination. If it appears that any child being held in a22
shelter facility pursuant to this article 3 may have a mental health23
disorder, as provided in sections 27-65-105 and SECTION 27-65-106, the24
intake personnel or other appropriate personnel shall contact a mental25
health professional to do a mental health disorder prescreening on the26
child. The court must be notified of the contact and may take appropriate27
1256
-118- action. If a mental health disorder prescreening is requested, it must be1
conducted in an appropriate place accessible to the child and the mental2
health professional. A request for a mental health disorder prescreening3
must not extend the time within which a hearing is to be held pursuant to4
this section. If a hearing has been set but has not yet occurred, the mental5
health disorder prescreening must be conducted prior to the hearing;6
except that the prescreening must not extend the time within which a7
hearing is to be held pursuant to this section. 8
SECTION 38. In Colorado Revised Statutes, 19-3-506, amend9
(1)(b), (1)(c), and (3)(a) as follows:10
19-3-506.  Child with a mental health disorder or an11
intellectual and developmental disability - procedure. (1) (b)  If it12
appears from the evidence presented at an adjudicatory hearing or13
otherwise that a child may have a mental health disorder, as defined in14
sections 27-65-105 and 27-65-106 SECTION 27-65-102, and the child has15
not had a mental health disorder prescreening pursuant to section16
19-3-403 (4), the court shall order a prescreening to determine whether17
the child requires further evaluation. The prescreening shall MUST be18
conducted as expeditiously as possible, and a prescreening report must be19
provided to the court within twenty-four hours of AFTER the prescreening,20
excluding Saturdays, Sundays, and legal holidays.21
(c)  If the mental health professional finds, based upon a22
prescreening done pursuant to this section or section 19-3-403 (4), that23
the child may have a mental health disorder, as defined in section24
27-65-102, the court shall review the prescreening report within25
twenty-four hours, excluding Saturdays, Sundays, and legal holidays, and26
order the child placed for an evaluation at a facility designated by the27
1256
-119- executive director COMMISSIONER of the department of human services1
BEHAVIORAL HEALTH ADMINISTRATION for a seventy-two-hour treatment2
and evaluation EMERGENCY MENTAL HEALTH HOLD pursuant to section3
27-65-105 or 27-65-106. On and after January 1, 1986, if the child to be4
placed is in a detention facility, the designated facility shall admit the5
child within twenty-four hours after the court orders an evaluation,6
excluding Saturdays, Sundays, and legal holidays.7
(3) (a)  When the evaluation conducted pursuant to subsection (1)8
of this section states that the child has a mental health disorder, as defined9
in section 27-65-102, the court shall treat the evaluation report as a10
certification under section 27-65-107 SECTION 27-65-109 and shall11
proceed pursuant to article 65 of title 27, assuming all of the powers12
granted to a court in such proceedings.13
SECTION 39. In Colorado Revised Statutes, 19-3-508, amend14
(1)(d)(I) and (3) as follows:15
19-3-508.   Neglected or dependent child - disposition -16
concurrent planning. (1)  When a child has been adjudicated to be17
neglected or dependent, the court may enter a decree of disposition the18
same day, but in any event it shall do so within forty-five days unless the19
court finds that the best interests of the child will be served by granting20
a delay. In a county designated pursuant to section 19-1-123, if the child21
is under six years of age at the time a petition is filed in accordance with22
section 19-3-501 (2), the court shall enter a decree of disposition within23
thirty days after the adjudication and shall not grant a delay unless good24
cause is shown and unless the court finds that the best interests of the25
child will be served by granting the delay. It is the intent of the general26
assembly that the dispositional hearing be held on the same day as the27
1256
-120- adjudicatory hearing, whenever possible. If a delay is granted, the court1
shall set forth the reasons why a delay is necessary and the minimum2
amount of time needed to resolve the reasons for the delay and shall3
schedule the hearing at the earliest possible time following the delay.4
When the proposed disposition is termination of the parent-child legal5
relationship, the hearing on termination must not be held on the same date6
as the adjudication, and the time limits set forth above for dispositional7
hearings do not apply. When the proposed disposition is termination of8
the parent-child legal relationship, the court may continue the9
dispositional hearing to the earliest available date for a hearing in10
accordance with the provisions of subsection (3)(a) of this section and11
part 6 of this article 3. When the decree does not terminate the12
parent-child legal relationship, the court shall approve an appropriate13
treatment plan that must include but not be limited to one or more of the14
following provisions of subsections (1)(a) to (1)(d) of this section:15
(d) (I)  The court may order that the child be examined or treated16
by a physician, surgeon, psychiatrist, or psychologist or that he or she THE17
CHILD receive other special care and may place the child in a hospital or18
other suitable facility for such purposes; except that the child may not be19
placed in a mental health facility operated by the department of human20
services until the child has received a behavioral or mental health disorder21
prescreening resulting in a recommendation that the child be placed in a22
facility for evaluation pursuant to section 27-65-105 or SECTION23
27-65-106, or a hearing has been held by the court after notice to all24
parties, including the department of human services. An order for a25
seventy-two-hour treatment and evaluation AN EMERGENCY MENTAL26
HEALTH HOLD must not be entered unless a hearing is held and evidence27
1256
-121- indicates that the prescreening report is inadequate, incomplete, or1
incorrect and that competent professional evidence is presented by a2
mental health professional that indicates that a behavioral or mental3
health disorder is present in the child. The court shall make, prior to the4
hearing, such orders regarding temporary custody of the child as are5
deemed appropriate. described in section 27-65-105 SECTION 27-65-1066
or a voluntary application for mental health services pursuant to section7
27-65-103 
OR 27-65-104. The arrangements for care must be completed8
through the crisis response system or prearranged partnerships with other9
crisis intervention services.10
(3) (a)  
On or before January 1, 2018, All walk-in centers11
throughout the state's crisis response system must be appropriately12
designated by the executive director COMMISSIONER OF THE BEHAVIORAL13
HEALTH ADMINISTRATION for a seventy-two-hour treatment and14
evaluation AN EMERGENCY MENTAL HEALTH HOLD , adequately prepared,15
and properly staffed to accept an individual through the emergency16
mental health procedure outlined in section 27-65-105 SECTION 27-65-10617
or a voluntary application for mental health services pursuant to section18
27-65-103 
OR 27-65-104. Priority for individuals receiving emergency19
placement pursuant to section 27-65-105
 SECTION 27-65-106 is on20
treating high-acuity individuals in the least restrictive environment21
without the use of law enforcement.22
(b)  Increasing the ability of walk-in centers to accept individuals23
through the emergency mental health procedure outlined in section24
27-65-105 SECTION 27-65-106 or a voluntary application for mental25
health services pursuant to section 27-65-103 
OR 27-65-104 may include,26
but is not limited to, purchasing, installing, and using telehealth27
1256
-122- operations for mobile crisis evaluations in partnership with hospitals,1
clinics, law enforcement agencies, and other appropriate service2
providers.3
SECTION 40. In Colorado Revised Statutes, 25-3-102.1, amend4
(1)(c) as follows:5
25-3-102.1. Deemed status for certain facilities. (1) (c) Upon6
submission of a completed application for license renewal, the department7
of public health and environment shall accept proof of the accreditation8
in lieu of licensing inspections or other requirements. Nothing in this9
section exempts an accredited health facility from inspections or from10
other forms of oversight by the department as necessary to ensure public11
health and safety. NOTHING IN THIS SECTION PREVENTS THE DEPARTMENT12
OF PUBLIC HEALTH AND ENVIRONMENT FROM CONDUCTING AN INSPECTION13
OF A HOSPITAL OR OTHER HEALTH FACILITY DESCRIBED IN SECTION14
25-3-101 TO INVESTIGATE A COMPLAINT REGARDING THE PROVISIONS OF15
SECTION 27-65-106, 27-65-107, 27-65-109, 27-65-110, OR 27-65-119 TO16
THE EXTENT THE COMPLAINT IS APPLICABLE TO HEALTH FACILITIES17
LICENSED BY THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT .18
SECTION 41. In Colorado Revised Statutes, 27-60-104.5,19
amend (3)(e)(I) as follows:20
27-60-104.5.  Behavioral health capacity tracking system -21
legislative declaration - definitions - rules. (3)  Pursuant to subsection22
(8) of this section, the state department shall implement a behavioral23
health capacity tracking system, which must include the following:24
(e)  Capacity reporting for the following facilities and treatment25
providers statewide:26
(I)  Facilities that provide evaluation and treatment to individuals27
1256
-123- held under an emergency commitment pursuant to section 27-81-111, an1
involuntary commitment pursuant to section 27-81-112, or a civil2
commitment pursuant to section 27-65-105 SECTION 27-65-106, including3
crisis stabilization units, acute treatment units, community mental health4
centers, and hospitals, including state mental health institutes;5
SECTION 42. In Colorado Revised Statutes, 27-62-101, amend6
(1)(a), (5), and (6)(a) as follows:7
27-62-101.  Definitions. As used in this article 62, unless the8
context otherwise requires:9
(1)  "At risk of out-of-home placement" means a child or youth10
who is eligible for medical assistance pursuant to articles 4, 5, and 6 of11
title 25.5 and the child or youth:12
(a)  Has been diagnosed as having a mental health disorder, as13
defined in section 27-65-102, (11.5), or a behavioral health disorder; and14
(5)  "Mental health professional" means an individual licensed as15
a mental health professional pursuant to article 245 of title 12 or a16
professional person, as defined in section 27-65-102 (17) (27).17
(6)  "Out-of-home placement" means a child or youth who is18
eligible for medical assistance pursuant to articles 4, 5, and 6 of title 25.519
and the child or youth:20
(a)  Has been diagnosed as having a mental health disorder, as21
defined in section 27-65-102, (11.5), or a behavioral health disorder; and22
SECTION 43. In Colorado Revised Statutes, 27-66.5-102,23
amend (3)(a)(I), (3)(a)(II), (3)(a)(III), and (3)(a)(VI) as follows:24
27-66.5-102.  Definitions. As used in this article 66.5, unless the25
context otherwise requires:26
(3)  "High-risk individual" means a person who:27
1256
-124- (a)  Has a significant mental health or substance use disorder, as1
evidenced by:2
(I)  An emergency procedure for a seventy-two-hour MENTAL3
HEALTH hold pursuant to section 27-65-105 SECTION 27-65-106; 4
(II)  A certification for short-term treatment or extended short-term5
treatment pursuant to section 27-65-107 or 27-65-108 SECTION6
27-65-109;7
(III)  Long-term care and treatment pursuant to section 27-65-1098
SECTION 27-65-110;9
(VI)  Receiving voluntary behavioral health services pursuant to10
section 27-65-103, 27-65-104, 27-81-109, or 27-81-110; and11
SECTION 44. In Colorado Revised Statutes, 27-67-103, amend12
(2)(a) as follows:13
27-67-103.  Definitions. As used in this article 67, unless the14
context otherwise requires:15
(2)  "Child or youth at risk of out-of-home placement" means a16
child or youth who, although not otherwise categorically eligible for17
medicaid, meets the following criteria:18
(a)  The child or youth has been diagnosed as having a mental19
health disorder, as defined in section 27-65-102; (11.5);20
SECTION 45. In Colorado Revised Statutes, 27-80-302, amend21
(1)(a) as follows:22
27-80-302.  Definitions. As used in this part 3, unless the context23
otherwise requires:24
(1)  "Health-care provider" or "provider" means:25
(a)  A professional person, as defined in section 27-65-102 (17)26
(27);27
1256
-125- SECTION 46. In Colorado Revised Statutes, 27-80-303, amend1
(3)(c) as follows:2
27-80-303.  Office of ombudsman for behavioral health access3
to care - creation - appointment of ombudsman - duties. (3)  The4
ombudsman shall:5
(c)  Receive and assist consumers and providers in reporting6
concerns and filing complaints with appropriate regulatory or oversight7
agencies relating to inappropriate care, an emergency A procedure under8
section 27-65-105 FOR AN EMERGENCY MENTAL HEALTH HOLD PURSUANT9
TO SECTION 27-65-106, a certification for short-term treatment under10
section 27-65-107 PURSUANT TO SECTION 27-65-109, or a certification for11
long-term care and treatment under section 27-65-109 PURSUANT TO12
SECTION 27-65-110;13
SECTION 47. In Colorado Revised Statutes, 27-80-306, amend14
(4) as follows:15
27-80-306.  Annual report. (4)  The ombudsman shall not include16
in the report required by this section any personally identifying17
information about an individual consumer or health-care provider or18
identifying information about a health-care facility licensed pursuant to19
section 25-1.5-103 or an emergency medical services facility, as defined20
in section 27-65-102. (5.5).21
SECTION 48. In Colorado Revised Statutes, 30-28-115, amend22
(2)(b.5) as follows:23
30-28-115.  Public welfare to be promoted - legislative24
declaration - construction. (2) (b.5)  The general assembly declares that25
the establishment of state-licensed group homes for the exclusive use of26
persons with behavioral or mental health disorders, as that term is defined27
1256
-126- in section 27-65-102, is a matter of statewide concern and that a1
state-licensed group home for eight persons with behavioral or mental2
health disorders is a residential use of property for zoning purposes, as3
defined in section 31-23-301 (4). A group home for persons with4
behavioral or mental health disorders established pursuant to this5
subsection (2)(b.5) must not be located within seven hundred fifty feet of6
another such group home or of another group home as described in7
subsections (2)(a) and (2)(b) of this section, unless otherwise provided for8
by the county. A person must not be placed in a group home without9
being screened by either a professional person, as defined in section10
27-65-102, (17) (27), or any other such mental health professional11
designated by the director of a facility, which facility is approved by the12
executive director COMMISSIONER of the department of human services13
pursuant to section 27-90-102 BEHAVIORAL HEALTH ADMINISTRATION .14
Persons determined to be not guilty by reason of insanity to a violent15
offense must not be placed in such group homes, and any person who has16
been convicted of a felony involving a violent offense is not eligible for17
placement in such group homes. The provisions of This subsection18
(2)(b.5) must be implemented, where appropriate, by the rules of the19
department of public health and environment concerning residential20
treatment facilities for persons with behavioral or mental health disorders.21
Nothing in this subsection (2)(b.5) exempts such group homes from22
compliance with any state, county, or municipal health, safety, and fire23
codes.24
SECTION 49. In Colorado Revised Statutes, 31-23-303, amend25
(2)(b.5) as follows:26
31-23-303.  Legislative declaration. (2) (b.5)  The general27
1256
-127- assembly declares that the establishment of state-licensed group homes1
for the exclusive use of persons with behavioral or mental health2
disorders, as that term is defined in section 27-65-102, is a matter of3
statewide concern and that a state-licensed group home for eight persons4
with behavioral or mental health disorders is a residential use of property5
for zoning purposes, as defined in section 31-23-301 (4). A group home6
for persons with behavioral or mental health disorders established7
pursuant to this subsection (2)(b.5) must not be located within seven8
hundred fifty feet of another such group home, unless otherwise provided9
for by the municipality. A person must not be placed in a group home10
without being screened by either a professional person, as defined in11
section 27-65-102 (17) (27), or any other such mental health professional12
designated by the director of a facility approved by the executive director13
COMMISSIONER of the department of human services pursuant to section14
27-90-102 BEHAVIORAL HEALTH ADMINISTRATION . Persons determined15
to be not guilty by reason of insanity to a violent offense must not be16
placed in such group homes, and any person who has been convicted of17
a felony involving a violent offense is not be eligible for placement in18
such group homes. The provisions of This subsection (2)(b.5) must be19
implemented, where appropriate, by the rules of the department of public20
health and environment concerning residential treatment facilities for21
persons with behavioral or mental health disorders. Nothing in this22
subsection (2)(b.5) exempts such group homes from compliance with any23
state, county, or municipal health, safety, and fire codes.24
SECTION 50. In Colorado Revised Statutes, 42-2-116, amend25
(5) as follows:26
42-2-116.  Restricted license. (5)  The department is authorized27
1256
-128- after examination to issue a restricted license to a person with a1
behavioral or mental health disorder or an intellectual and developmental2
disability, containing such restrictions as may be imposed upon said3
person by a court pursuant to part 3 or part 4 of article 14 of title 15 or4
section 27-65-109 (4) SECTION 27-65-110 (4) or 27-65-127.5
SECTION 51. In Colorado Revised Statutes, 42-2-125, amend6
(1)(h) as follows:7
42-2-125.  Mandatory revocation of license and permit. (1)  The8
department shall immediately revoke the license or permit of any driver9
or minor driver upon receiving a record showing that the driver has:10
(h)  Been determined to be mentally incompetent by a court of11
competent jurisdiction and for whom a court has entered, pursuant to part12
3 or part 4 of article 14 of title 15 C.R.S., or section 27-65-109 (4)13
SECTION 27-65-110 (4) or 27-65-127, C.R.S., an order specifically finding14
that the mental incompetency is of such a degree that the person is15
incapable of safely operating a motor vehicle;16
SECTION 52. In Colorado Revised Statutes, 25-3.5-103, amend17
(11.4)(b)(I) as follows:18
25-3.5-103. Definitions. As used in this article 3.5, unless the19
context otherwise requires:20
(11.4) (b)  Secure transportation includes:21
(I) For an individual being transported pursuant to section22
27-65-103 or 27-65-105 (1) SECTION 27-65-104 OR 27-65-106 (1),23
transportation from the community to a facility designated by the24
executive director COMMISSIONER OF THE BEHAVIORAL HEALTH25
ADMINISTRATION IN the department of human services for treatment and26
evaluation pursuant to article 65 of title 27;27
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as it exists until July 1, 2024, (3) as follows:2
25.5-4-103. Definitions. As used in this article 4 and articles 53
and 6 of this title 25.5, unless the context otherwise requires:4
(3) "Case management services" means services provided by5
community-centered boards, as defined by IN section 25.5-10-202, and6
community mental health centers and community mental health clinics,7
as defined by IN section 27-66-101, to assist persons with intellectual and8
developmental disabilities, as defined by IN section 25.5-10-202, and9
persons with mental health disorders, as defined by IN section 27-65-102,10
(11.5), by case management agencies, as defined in section 25.5-6-30311
(5), providing case management services, as defined in sections12
25.5-6-104 (2)(b) and 25.5-6-303 (6), to persons with a disability, persons13
who are elderly or blind, and long-term care clients, in gaining access to14
needed medical, social, educational, and other services.15
SECTION 54. In Colorado Revised Statutes, 26-20-103, amend16
(3) as follows:17
26-20-103. Basis for use of restraint or seclusion. (3) In18
addition to the circumstances described in subsection (1) of this section,19
a facility, as defined in section 27-65-102, (7), that is designated by the20
executive director of COMMISSIONER OF THE BEHAVIORAL HEALTH21
ADMINISTRATION IN the state department to provide treatment pursuant to22
section 27-65-105, 27-65-106, 27-65-107, or 27-65-109 SECTION23
27-65-106, 27-65-108, 27-65-109, OR 27-65-110 to an individual with a24
mental health disorder, as defined in section 27-65-102, (11.5), may use25
seclusion to restrain an individual with a mental health disorder when the26
seclusion is necessary to eliminate a continuous and serious disruption of27
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SECTION 55. In Colorado Revised Statutes, 27-60-104, amend2
(3) as follows:3
27-60-104.  Behavioral health crisis response system - crisis4
service facilities - walk-in centers - mobile response units - report.5
(3) (a) On or before January 1, 2018, All walk-in centers throughout the6
state's crisis response system must be appropriately designated by the7
executive director COMMISSIONER for a seventy-two-hour treatment and8
evaluation AN EMERGENCY MENTAL HEALTH HOLD, adequately prepared,9
and properly staffed to accept an individual through the emergency10
mental health procedure outlined in section 27-65-105 SECTION 27-65-10611
or a voluntary application for mental health services pursuant to section12
27-65-103 SECTION 27-65-103 OR 27-65-104. Priority for individuals13
receiving emergency placement PLACED UNDER AN EMERGENCY MENTAL14
HEALTH HOLD pursuant to section 27-65-105 SECTION 27-65-106 is on15
treating high-acuity individuals in the least restrictive environment16
without the use of law enforcement17
(b) Increasing the ability of walk-in centers to accept individuals18
through the AN emergency mental health procedure HOLD outlined in19
section 27-65-105 SECTION 27-65-106 or a voluntary application for20
mental health services pursuant to section 27-65-103 SECTION 27-65-10321
OR 27-65-104 may include, but is not limited to, purchasing, installing,22
and using telehealth operations for mobile crisis evaluations in23
partnership with hospitals, clinics, law enforcement agencies, and other24
appropriate service providers.25
SECTION 56. In Colorado Revised Statutes, repeal of26
nonrelocated provisions in this act, 27-65-102 (14), 27-65-105 (6),27
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(10), 27-65-117 (1)(b), 27-65-117 (1)(c), 27-65-125, and 27-65-126. 2
SECTION 57. Appropriation. (1)  For the 2022-23 state fiscal3
year, $522,433 is appropriated to the department of human services. This4
appropriation is from the general fund. To implement this act, the5
department may use this appropriation as follows:6
(a)  $345,007 for use by the behavioral health administration for7
program costs, which amount is based on an assumption that the8
administration will require an additional 4.5 FTE; and9
(b)  $177,426 for the purchase of legal services.10
(2) For the 2022-23 state fiscal year, $177,426 is appropriated to11
the department of law. This appropriation is from reappropriated funds12
received from the department of human services under subsection (1)(b)13
of this section and is based on an assumption that the department of law14
will require an additional 1.0 FTE. To implement this act, the department15
of law may use this appropriation to provide legal services for the16
department of human services.17
(3) For the 2022-23 state fiscal year, $86,700 is appropriated to18
the judicial department. This appropriation is from the general fund. To19
implement this act, the department may use this appropriation for court20
costs, jury costs, and court-appointed counsel.21
SECTION 58. Act subject to petition - effective date. Sections22
2 and 5 of this act take effect July 1, 2023, sections 27-65-108 and23
27-65-111, as enacted in section 1 of this act, and sections 3 and 4 of this24
act take effect July 1, 2024, and the remainder of this act takes effect at25
12:01 a.m. on the day following the expiration of the ninety-day period26
after final adjournment of the general assembly; except that, if a27
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state constitution against this act or an item, section, or part of this act2
within such period, then the act, item, section, or part will not take effect3
unless approved by the people at the general election to be held in4
November 2022 and, in such case, will take effect on the date of the5
official declaration of the vote thereon by the governor; except that6
sections 2 and 5 of this act take effect July 1, 2023, sections 27-65-1087
and 27-65-111, as enacted in section 1 of this act, and sections 3 and 4 of8
this act take effect July 1, 2024.9
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