Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0139.01 Jane Ritter x4342
SENATE BILL 22-021
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING THE TREATMENT OF PERSONS WITH BEHAVIORAL101
HEALTH DISORDERS IN THE JUSTICE SYSTEM .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov/
.)
Legislative Oversight Committee Concerning the Treatment
of Persons with Mental Health Disorders in the Criminal and
Juvenile Justice Systems. The bill updates provisions of the existing
article 1.9 of title 18, Colorado Revised Statutes, concerning the treatment
of persons with mental health disorders in the criminal and juvenile
justice systems.
SENATE SPONSORSHIP
Rodriguez and Lee, Simpson
HOUSE SPONSORSHIP
Benavidez and Amabile, Pelton
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. Substantive changes include:
! Broadening the name and scope of the legislative oversight
committee (committee) and associated task force (task
force) from concerning the treatment of "persons with
mental health disorders" to "persons with behavioral health
disorders";
! Allowing the task force to research topics for members of
the committee upon request;
! Adjusting task force membership;
! Further defining issues for the task force to study; and
! Extending the repeal date to July 1, 2027.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, repeal and reenact,2
with amendments, article 1.9 of title 18 as follows:3
ARTICLE 1.94
Continuing Examination of the Treatment of Persons with5
Behavioral Health Disorders Who are Involved in the6
Criminal and Juvenile Justice Systems7
18-1.9-101. Legislative declaration. (1) T
HE GENERAL8
ASSEMBLY FINDS THAT:9
(a) T
HE UNITED STATES IS IN A PUBLIC HEALTH CRISIS IN WHICH10
PERSONS WITH BEHAVIORAL HEALTH NEEDS ARE NEGLECTED ,11
STIGMATIZED, OR INADEQUATELY SUPPORTED , WHICH GREATLY INCREASES12
THE RISK OF SUCH PERSONS BECOMING INVOLVED WITH OR CONTINUING TO13
BE INVOLVED WITH THE CRIMINAL OR JUVENILE JUSTICE SYSTEM ;14
(b) P
ERSONS WITH BEHAVIORAL HEALTH DISORDERS ARE15
DISPROPORTIONATELY REPRESENTED IN THE CRIMINAL AND JUVENILE16
JUSTICE SYSTEMS. THE PREVALENCE RATES NATIONALLY OF SUCH17
INDIVIDUALS ENTERING JAIL ARE THREE TIMES GREATER THAN THAT OF18
THE GENERAL POPULATION. BUREAU OF JUSTICE STATISTICS DATA FROM19
SB22-021-2- 2011 THROUGH 2012 INDICATE THAT HALF OF THE PEOPLE INCARCERATED1
IN PRISONS, AND TWO-THIRDS OF THOSE IN JAIL, HAVE EITHER A CURRENT2
SERIOUS PSYCHOLOGICAL DISTRESS OR A HISTORY OF BEHAVIORAL HEALTH3
CONCERNS.4
(c) T
HE DEPARTMENT OF CORRECTIONS ' DATA INDICATE THAT ONE5
OUT OF EVERY THREE MEN AND FOUR OUT OF EVERY FIVE WOMEN6
IMPRISONED IN COLORADO HAVE A MODERATE TO SEVERE BEHAVIORAL7
HEALTH DISORDER;8
(d) T
HE DIVISION OF YOUTH SERVICES ' DATA INDICATE THAT9
FIFTY-NINE PERCENT OF NEWLY COMMITTED YOUTH REQUIRE BE HAVIORAL10
HEALTH INTERVENTION OR SERVICES , AND NATIONALLY , JUVENILE11
INSTITUTIONS ARE ILL-EQUIPPED TO PROVIDE A COMPREHENSIVE ARRAY OF12
SUCH SERVICES TO MEET THE NEEDS; AND13
(e) L
ARGE NUMBERS OF PEOPLE WITH BEHAVIORAL HEALTH14
DISORDERS ARE BEING SENT TO SECURE JUSTICE SETTINGS INSTEAD OF15
RECEIVING COMMUNITY TREATMENT . AS A RESULT, THE CRIMINAL JUSTICE16
SYSTEM HAS BECOME THE STOPGAP PROVIDER TO ADDRESS CHRONIC AND17
ACUTE BEHAVIORAL HEALTH NEEDS IN OUR STATE .18
(2) T
HE GENERAL ASSEMBLY FURTHER FINDS THAT :19
(a) A
CTIONS FOCUSED ON PERSONS WHO ARE AT RISK OF ENTRY20
INTO THE SYSTEM DUE TO BEHAVIORAL HEALTH DISORDERS , AND ACTIONS21
TO HELP REDUCE AND PREVENT RECIDIVISM ONCE SUCH INDIVIDUALS ARE22
IN THE SYSTEM, ARE CRITICAL IN ADDRESSING THE PROBLEM ;23
(b) R
ESEARCH DEMONSTRATES A NEED TO DIVERT PERSONS WITH24
BEHAVIORAL HEALTH DISORDERS TO TREATMENT PROGRAMS AND TO25
PROVIDE WRAPAROUND SERVICES , SUCH AS HOUSING AND CONTINUED26
MEDICAL AND BEHAVIORAL HEALTH TREATMENT UPON RELEASE ; AND27
SB22-021
-3- (c) PREVENTION AND INTERVENTION NEEDS RANGE FROM , BUT ARE1
NOT LIMITED TO, SCHOOL-BASED BEHAVIORAL HEALTH SERVICES ; LAW2
ENFORCEMENT DIRECTED DIVERSION ; COMMUNITY SCREENING ,3
ASSESSMENT, AND TREATMENT; SECURE SETTINGS WITHIN CORRECTION4
FACILITIES; AND SUPPORTIVE REENTRY SERVICES THAT ARE CRITICAL5
COMPONENTS OF DIGNITY, SAFETY, AND RECOVERY.6
(3) I
N ADDITION, THE GENERAL ASSEMBLY FINDS THAT THE7
RESULTS OF A REPORT REQUESTED BY THE JOINT BUDGET COMMITTEE IN8
1999
RECOMMENDED CROSS -SYSTEM COLLABORATION AND9
COMMUNICATION AS A METHOD FOR REDUCING THE NUMBER OF PERSONS10
WITH MENTAL HEALTH DISORDERS WHO ARE INVOLVED IN THE CRIMINAL11
AND JUVENILE JUSTICE SYSTEMS . THE COMMITTEE AND TASK FORCE12
CREATED BY THIS ARTICLE 1.9 SHALL CONSIDER THE BROADER CONTINUUM13
OF BEHAVIORAL HEALTH DISORDERS TO BETTER ACCOUNT FOR THE NEEDS14
OF THE AT-RISK POPULATION BEING STUDIED.15
(4) T
HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT ,16
DESPITE THE IMPACT AND REACH OF THE PREVIOUS WORK OF THE17
LEGISLATIVE OVERSIGHT COMMITTEE AND TASK FORCE , A SIGNIFICANT18
NEED REMAINS FOR ONGOING INNOVATION TO ADDRESS THESE AND19
RELATED ISSUES. THE GENERAL ASSEMBLY THEREFORE DETERMINES THAT20
IT IS NECESSARY TO CONTINUE THE LEGISLATIVE OVERSIGHT COMMITTEE21
AND TASK FORCE TO EXAMINE THE IDENTIFICATION , DIAGNOSIS, AND22
TREATMENT OF PERSONS WITH BEHAVIORAL HEALTH DISORDERS WHO ARE23
AT RISK OF INVOLVEMENT OR CONTINUED INVOLVEMENT WITH THE24
CRIMINAL OR JUVENILE JUSTICE SYSTEMS AND TO DEVELOP STRATEGIES TO25
ADDRESS THE ISSUES SUCH PEOPLE FACE.26
18-1.9-102. Definitions. A
S USED IN THIS ARTICLE 1.9, UNLESS27
SB22-021
-4- THE CONTEXT OTHERWISE REQUIRES :1
(1) "B
EHAVIORAL HEALTH" REFERS TO AN INDIVIDUAL'S MENTAL2
AND EMOTIONAL WELL -BEING AND ACTIONS THAT AFFECT AN INDIVIDUAL'S3
OVERALL WELLNESS. BEHAVIORAL HEALTH PROBLEMS AND DISORDERS4
INCLUDE SUBSTANCE USE DISORDERS , SERIOUS PSYCHOLOGICAL DISTRESS,5
SUICIDE, DEPRESSION, AND OTHER MENTAL HEALTH DISORDERS . PROBLEMS6
RANGING FROM UNHEALTHY STRESS OR SUBCLINICAL CONDITIONS TO7
DIAGNOSABLE AND TREATABLE DISEASES ARE INCLUDED IN THE TERM8
"
BEHAVIORAL HEALTH". THE TERM "BEHAVIORAL HEALTH" IS ALSO USED9
TO DESCRIBE SERVICE SYSTEMS THAT ENCOMPASS PREVENTION AND10
PROMOTION OF EMOTIONAL HEALTH , PREVENTION AND TREATMENT11
SERVICES FOR MENTAL HEALTH AND SUBSTANCE USE DISORDERS , AND12
RECOVERY SUPPORT.13
(2) "C
O-OCCURRING DISORDER " MEANS A DISORDER THAT14
COMMONLY COINCIDES WITH MENTAL HEALTH DISORDERS AND MAY15
INCLUDE, BUT IS NOT LIMITED TO, SUBSTANCE ABUSE AND SUBSTANCE USE16
DISORDERS, BEHAVIORAL HEALTH DISORDERS , INTELLECTUAL AND17
DEVELOPMENTAL DISABILITIES , FETAL ALCOHOL SYNDROME , AND18
TRAUMATIC BRAIN INJURY.19
(3) "L
EGISLATIVE OVERSIGHT COMMITTEE " OR "COMMITTEE"20
MEANS THE LEGISLATIVE OVERSIGHT COMMITTEE CONCERNING THE21
TREATMENT OF PERSONS WITH BEHAVIORAL HEALTH DISORDERS IN THE22
CRIMINAL AND JUVENILE JUSTICE SYSTEMS ESTABLISHED PURSUANT TO23
SECTION 18-1.9-103.24
(4) "P
REVIOUS TASK FORCE" MEANS THE TASK FORCE CONCERNING25
THE TREATMENT OF PERSONS WITH MENTAL HEALTH DISORDERS IN THE26
CRIMINAL AND JUVENILE JUSTICE SYSTEMS THAT EXISTED PRIOR TO JULY27
SB22-021
-5- 1, 2022.1
(5) "T
ASK FORCE" MEANS THE TASK FORCE CONCERNING THE2
TREATMENT OF PERSONS WITH BEHAVIORAL HEALTH DISORDERS IN THE3
CRIMINAL AND JUVENILE JUSTICE SYSTEMS ESTABLISHED PURS UANT TO4
SECTION 18-1.9-104.5
18-1.9-103. Legislative oversight committee concerning the6
treatment of persons with behavioral health disorders in the criminal7
and juvenile justice systems - creation - duties. (1) Creation.8
(a) T
HERE IS CREATED A LEGISLATIVE OVERSIGHT COMMITTEE9
CONCERNING THE TREATMENT OF PERSONS WITH BEHAVIORAL HEALTH10
DISORDERS IN THE CRIMINAL AND JUVENILE JUSTICE SYSTEMS .11
(b) T
HE COMMITTEE CONSISTS OF SIX MEMBERS AS FOLLOWS :12
(I) T
HE PRESIDENT OF THE SENATE SHALL APPOINT TWO SENATORS13
TO SERVE ON THE COMMITTEE, AND THE MINORITY LEADER OF THE SENATE14
SHALL APPOINT ONE SENATOR TO SERVE ON THE COMMITTEE ; AND15
(II) T
HE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL16
APPOINT THREE REPRESENTATIVES TO SERVE ON THE COMMITTEE , NO17
MORE THAN TWO OF WHOM ARE MEMBERS OF THE SAME POLITICAL PARTY .18
(c) T
HE TERMS OF THE MEMBERS WHO ARE SERVING ON THE19
LEGISLATIVE OVERSIGHT COMMITTEE CONCERNING THE TREATMENT OF20
PERSONS WITH MENTAL HEALTH DISORDERS IN THE CRIMINAL AND21
JUVENILE JUSTICE SYSTEMS AS OF THE EFFECTIVE DATE OF THIS SECTION22
ARE EXTENDED TO THE CONVENING DATE OF THE FIRST REGULAR SESSION23
OF THE SEVENTY-FOURTH GENERAL ASSEMBLY . AS SOON AS PRACTICABLE24
AFTER SUCH CONVENING DATE , BUT NO LATER THAN THE END OF THE25
LEGISLATIVE SESSION, THE SPEAKER, THE PRESIDENT, AND THE MINORITY26
LEADER OF THE SENATE SHALL EACH APPOINT OR REAPPOINT MEMBERS IN27
SB22-021
-6- THE SAME MANNER AS PROVIDED IN SUBSECTION (1)(b) OF THIS SECTION.1
T
HEREAFTER, THE TERMS OF MEMBERS APPOINTED OR REAPPOINTED BY2
THE SPEAKER, THE PRESIDENT, AND THE MINORITY LEADER OF THE SENATE3
EXPIRE ON THE CONVENING DATE OF THE FIRST REGULAR SESSION OF THE4
NEXT GENERAL ASSEMBLY , AND ALL SUBSEQUENT APPOINTMENTS AND5
REAPPOINTMENTS BY THE SPEAKER , THE PRESIDENT, AND THE MINORITY6
LEADER OF THE SENATE MUST BE MADE AS SOON AS PRACTICABLE AFTER7
THE CONVENING DATE, BUT NO LATER THAN THE END OF THE LEGISLATIVE8
SESSION.9
(d) T
HE PERSON MAKING THE ORIGINAL APPOINTMENT OR10
REAPPOINTMENT SHALL FILL ANY VACANCY BY APPOINTMENT FOR THE11
REMAINDER OF AN UNEXPIRED TERM . MEMBERS APPOINTED OR12
REAPPOINTED SERVE AT THE PLEASURE OF THE APPOINTING AUTHORITY13
AND CONTINUE IN OFFICE UNTIL THE MEMBER 'S SUCCESSOR IS APPOINTED.14
(e) T
HE PRESIDENT OF THE SENATE SHALL SELECT THE FIRST CHAIR15
OF THE COMMITTEE , AND THE SPEAKER OF THE HOUSE OF16
REPRESENTATIVES SHALL SELECT THE FIRST VICE -CHAIR. THE CHAIR AND17
VICE-CHAIR SHALL ALTERNATE ANNUALLY THEREAFTER BETWEEN THE18
TWO HOUSES.19
(f) T
HE CHAIR AND VICE -CHAIR OF THE COMMITTEE MAY20
ESTABLISH ORGANIZATIONAL AND PROCEDURAL RULES AS ARE NECESSARY21
FOR THE OPERATION OF THE COMMITTEE AND , IN COLLABORATION WITH22
THE TASK FORCE, GUIDELINES AND EXPECTATIONS FOR ONGOING23
COLLABORATION WITH THE TASK FORCE .24
(g) (I) M
EMBERS OF THE COMMITTEE MAY RECEIVE PAYMENT OF25
PER DIEM AND REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES26
AUTHORIZED PURSUANT TO SECTION 2-2-307.27
SB22-021
-7- (II) THE DIRECTOR OF RESEARCH OF THE LEGISLATIVE COUNCIL1
AND THE DIRECTOR OF THE OFFICE OF LEGISLATIVE LEGAL SERVICES SHALL2
SUPPLY STAFF ASSISTANCE TO THE COMMITTEE AS THEY DEEM3
APPROPRIATE, WITHIN EXISTING APPROPRIATIONS.4
(2) Duties. (a) (I) T
HE COMMITTEE SHALL MEET AT LEAST THREE5
TIMES EACH YEAR AND AT SUCH OTHER TIMES AS IT DEEMS NECESSARY .6
(II) E
ACH COMMITTEE MEMBER SHALL ANNUALLY EITHER ATTEND7
OR CALL INTO AT LEAST ONE REGULAR TASK FORCE MEETING . COMMITTEE8
MEMBERS ARE ENCOURAGED TO ATTEND SEPARATE M EETINGS AND INFORM9
THE REST OF THE COMMITTEE ABOUT THE CURRENT WORK OF THE TASK10
FORCE.11
(b) T
HE COMMITTEE IS RESPONSIBLE FOR THE OVERSIGHT OF THE12
TASK FORCE AND SHALL SUBMIT ANNUAL REPORTS PURSUANT TO13
SUBSECTION (2)(c) OF THIS SECTION TO THE GENERAL ASSEMBLY14
REGARDING THE TASK FORCE 'S FINDINGS AND RECOMMENDATIONS . IN15
ADDITION, THE COMMITTEE MAY RECOMMEND LEGISLATIVE CHANGES16
THAT ARE TREATED AS BILLS RECOMMENDED BY AN INTERIM LEGISLATIVE17
COMMITTEE FOR PURPOSES OF ANY IN TRODUCTION DEADLINES OR BILL18
LIMITATIONS IMPOSED BY THE JOINT RULES OF THE GENERAL ASSEMBLY .19
(c) (I) O
N OR BEFORE JANUARY 15 OF EACH YEAR, THE COMMITTEE20
IS REQUIRED TO SUBMIT A REPORT TO THE GENERAL ASSEMBLY AND MAKE21
SUCH REPORT PUBLICLY AVAILABLE ON ITS WEBSITE ; HOWEVER, DURING22
ANY INTERIM IN WHICH THE GENERAL ASSEMBLY HAS SUSPENDED INTERIM23
COMMITTEE ACTIVITIES, THE COMMITTEE IS NOT REQUIRED TO SUBMIT24
SUCH A REPORT. THE ANNUAL REPORT MUST BRIEFLY SUMMARIZE THE25
STUDY ISSUES, RECOMMENDATIONS CONSIDERED , AND ANY ACTIONS26
TAKEN BY THE COMMITTEE AND THE TASK FORCE DURING THE PREVIOUS27
SB22-021
-8- YEAR.1
(II) T
HE REPORT MUST COMPLY WITH THE PROVISIONS OF SECTION2
24-1-136
(9). NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE3
REQUIREMENT IN THIS SECTION TO REPORT TO THE GENERAL ASSEMBLY4
CONTINUES INDEFINITELY.5
18-1.9-104. Task force concerning the treatment of persons6
with behavioral health disorders in the criminal and juvenile justice7
systems - creation - membership - duties. (1) Creation. T
HERE IS8
CREATED A TASK FORCE CONCERNING THE TREATMENT OF PERSONS WITH9
BEHAVIORAL HEALTH DISORDERS IN THE CRIMINAL AND JUVENILE JUSTICE10
SYSTEMS. THE TASK FORCE CONSISTS OF TWENTY -NINE MEMBERS11
APPOINTED AS PROVIDED IN SUBSECTION (2) OF THIS SECTION AND ANY12
STAFF SUPPORT AS PROVIDED FOR IN SECTION 18-1.9-105.13
(2) Membership - terms. (a) T
HE CHIEF JUSTICE OF THE14
C
OLORADO SUPREME COURT SHALL APPOINT TWO MEMBERS WHO15
REPRESENT THE JUDICIAL DEPARTMENT , ONE OF WHOM REPRESENTS THE16
DIVISION OF PROBATION WITHIN THE DEPARTMENT . BEGINNING JULY 1,17
2022,
MEMBERS APPOINTED PURSUANT TO THIS SUBSECTION (2)(a) MAY18
SERVE NO MORE THAN TWO CONSECUTIVE TWO -YEAR TERMS. NOTHING IN19
THIS SECTION PROHIBITS THE CHIEF JUSTICE FROM APPOINTING MEMBERS20
WHO SERVED ON THE PREVIOUS TASK FORCE .21
(b) T
HE FOLLOWING EXECUTIVE BRANCH AGENCIES , DIVISIONS,22
AND OFFICES SHALL APPOINT OR REAPPOINT FROM THE PREVIOUS TASK23
FORCE ELEVEN MEMBERS. BEGINNING JULY 1, 2022, MEMBERS APPOINTED24
PURSUANT TO THIS SUBSECTION (2)(b) MAY SERVE NO MORE THAN TWO25
CONSECUTIVE TWO-YEAR TERMS. NOTHING IN THIS SECTION PROHIBITS26
THE EXECUTIVE BRANCH AGENCIES LISTED FROM APPOINTING MEMBERS27
SB22-021
-9- WHO SERVED ON THE PREVIOUS TASK FORCE . THE FOLLOWING EXECUTIVE1
BRANCH AGENCIES SHALL APPOINT A REPRESENTATIVE ON OR BEFORE2
A
UGUST 1, 2022:3
(I) T
HE DIRECTOR OF THE DIVISION OF CRIMINAL JUSTICE IN THE4
DEPARTMENT OF PUBLIC SAFETY SHALL APPOINT ONE MEMBER TO5
REPRESENT THE DIVISION;6
(II) T
HE DIRECTOR OF THE DIVISION OF PAROLE IN THE7
DEPARTMENT OF CORRECTIONS SHALL APPOINT ONE MEMBER TO8
REPRESENT THE DIVISION;9
(III) T
HE DEPARTMENT OF HUMAN SERVICES SHALL APPOINT THREE10
MEMBERS AS FOLLOWS:11
(A) T
HE DIRECTOR OF THE OFFICE OF BEHAVIORAL HEALTH SHALL12
APPOINT ONE MEMBER TO REPRESENT THE OFFICE ;13
(B) T
HE DIRECTOR OF THE DIVISION OF YOUTH SERVICES SHALL14
APPOINT ONE MEMBER TO REPRESENT THE DIVISION ; AND15
(C) T
HE DIRECTOR OF THE UNIT WITHIN THE DEPARTMENT OF16
HUMAN SERVICES THAT IS RESPONSIBLE FOR CHILD WELFARE SERVICES17
SHALL APPOINT ONE MEMBER TO REPRESENT THE UNIT ;18
(IV) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF19
EDUCATION SHALL APPOINT ONE MEMBER TO REPRESENT THE20
DEPARTMENT;21
(V) T
HE ATTORNEY GENERAL SHALL APPOINT ONE MEMBER TO22
REPRESENT THE ATTORNEY GENERAL 'S OFFICE;23
(VI) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HEALTH24
CARE POLICY AND FINANCING SHALL APPOINT ONE MEMBER TO REPRESENT25
THE DEPARTMENT;26
(VII) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LABOR27
SB22-021
-10- AND EMPLOYMENT SHALL APPOINT ONE MEMBER TO REPRESENT THE1
DEPARTMENT;2
(VIII) T
HE DIRECTOR OF THE OFFICE OF THE CHILD 'S3
REPRESENTATIVE SHALL APPOINT ONE MEMBER TO REPRESENT THE OFFICE ;4
AND5
(IX) T
HE DIRECTOR OF THE OFFICE OF THE ALTERNATE DEFENSE6
COUNSEL SHALL APPOINT ONE MEMBER TO REPRESENT THE OFFICE .7
(c) T
HE CHAIR AND VICE-CHAIR OF THE LEGISLATIVE OVERSIGHT8
COMMITTEE SHALL APPOINT OR REAPPOINT FROM THE PREVIOUS TASK9
FORCE SIXTEEN ADDITIONAL MEMBERS . COMMITTEE STAFF IS RESPONSIBLE10
FOR PUBLICLY ANNOUNCING VACANCIES FOR THE FOLLOWING POSITIONS ,11
AND REQUESTING CANDIDATES SUBMIT A LETTER OF INTEREST FOR THE12
SPECIFIC POSITION, SO THAT THE LETTERS OF INTEREST ARE DUE NO LATER13
THAN ONE WEEK AFTER THE EFFECTIVE DATE OF THIS SECTION . THE14
LEGISLATIVE OVERSIGHT COMMITTEE, BY MAJORITY VOTE, SHALL APPROVE15
THE APPOINTMENTS FOR THESE POSITIONS . BEGINNING JULY 1, 2022,16
MEMBERS APPOINTED PURSUANT TO THIS SUBSECTION (2)(c) MAY SERVE17
NO MORE THAN TWO TWO -YEAR TERMS. NOTHING IN THIS SECTION18
PROHIBITS THE LEGISLATIVE OVERSIGHT COMMITTEE FROM APPOINTING19
MEMBERS WHO SERVED ON THE PREVIOUS TASK FORCE . THE TASK FORCE20
MEMBERS TO BE APPOINTED PURSUANT TO THIS SUBSECTION (2)(c)21
INCLUDE:22
(I) T
WO MEMBERS WHO REPRESENT LOCAL LAW ENFORCEMENT23
AGENCIES, ONE OF WHOM IS IN ACTIVE SERVICE AS A POLICE OFFICER IN24
THE STATE, AND THE OTHER IS IN ACTIVE SERVICE AS A SHERIFF IN THE25
STATE;26
(II) T
WO MEMBERS FROM COUNTY DEPARTMENTS OF HUMAN OR27
SB22-021
-11- SOCIAL SERVICES, ONE OF WHOM REPRESENTS A RURAL COLORADO1
PERSPECTIVE;2
(III) O
NE MEMBER WHO REPRESENTS DISTRICT ATTORNEYS WITHIN3
THE STATE;4
(IV) T
WO MEMBERS WHO REPRESENT THE CRIMINAL DEFENSE BAR5
WITHIN THE STATE, ONE OF WHOM HAS EXPERIENCE REPRESENTING6
JUVENILES IN THE JUVENILE JUSTICE SYSTEM;7
(V) T
WO MEMBERS WHO ARE LICENSED MENTAL HEALTH8
PROFESSIONALS PRACTICING WITHIN THE STATE , ONE OF WHOM HAS9
EXPERIENCE TREATING JUVENILES;10
(VI) O
NE MEMBER WHO IS FROM A COMMUNITY MENTAL HEALTH11
CENTER WITHIN THE STATE;12
(VII) O
NE MEMBER WHO HAS KNOWLEDGE OF PUBLIC BENEFITS13
AND PUBLIC HOUSING WITHIN THE STATE ;14
(VIII) O
NE MEMBER WHO IS A MENTAL HEALTH PROFESSIONAL15
PRACTICING IN FORENSIC ENVIRONMENTS ;16
(IX) T
HREE MEMBERS OF THE PUBLIC AS FOLLOWS :17
(A) O
NE MEMBER WHO IS LIVING WITH A BEHAVIORAL HEALTH18
DISORDER AND HAS BEEN INVOLVED IN THE CRIMINAL OR JUVENILE19
JUSTICE SYSTEM IN THE STATE;20
(B) O
NE MEMBER WHO HAS AN ADULT FAMILY MEMBER WHO HAS21
A BEHAVIORAL HEALTH DISORDER AND WHO IS OR WAS INVOLVED IN THE22
CRIMINAL JUSTICE SYSTEM IN THE STATE; AND23
(C) O
NE MEMBER WHO IS THE PARENT OF A CHILD WHO HAS A24
BEHAVIORAL HEALTH DISORDER AND WHO IS OR WAS I NVOLVED IN THE25
JUVENILE JUSTICE SYSTEM IN THE STATE; AND26
(X) O
NE MEMBER WHO REPRESENTS A NONPROFIT ORGANIZATION27
SB22-021
-12- THAT WORKS ON STATEWIDE LEGISLATION AND ORGANIZING COLORADANS1
TO PROMOTE BEHAVIORAL , MENTAL, AND PHYSICAL HEALTH NEEDS.2
(d) (I) A
VACANCY OCCURRING IN A POSITION APPOINTED BY THE3
CHIEF JUSTICE OF THE COLORADO SUPREME COURT PURSUANT TO4
SUBSECTION (2)(a) OF THIS SECTION MUST BE FILLED AS SOON AS POSSIBLE5
BY THE CHIEF JUSTICE OF THE COLORADO SUPREME COURT IN6
ACCORDANCE WITH THE LIMITATIONS SPECIFIED IN SUBSECTION (2)(a) OF7
THIS SECTION. IN ADDITION, THE CHIEF JUSTICE OF THE COLORADO8
SUPREME COURT MAY REMOVE AND REPLACE ANY APPOINTMENT TO THE9
TASK FORCE MADE PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION.10
(II) A
VACANCY OCCURRING IN A POSITION THAT IS APPOINTED BY11
AN EXECUTIVE BRANCH AGENCY PURSUANT TO SUBSECTION (2)(b) OF THIS12
SECTION MUST BE FILLED AS SOON AS POSSIBLE BY THE INITIAL APPOINTING13
EXECUTIVE BRANCH AGENCY . IN ADDITION, THE INITIAL APPOINTING14
EXECUTIVE BRANCH AGENCY MAY REMOVE AND REPLACE ANY15
APPOINTMENT IT MADE TO THE TASK FORCE MADE PURSUANT TO16
SUBSECTION (2)(b) OF THIS SECTION.17
(III) A
VACANCY OCCURRING IN A POSITION FILLED BY THE CHAIR18
AND VICE-CHAIR OF THE COMMITTEE PURSUANT TO SUBSECTION (2)(c) OF19
THIS SECTION MUST BE FILLED AS SOON AS POSSIBLE BY THE CHAIR AND20
VICE-CHAIR OF THE COMMITTEE IN ACCORDANCE WITH THE LIMITATIONS21
SPECIFIED IN SUBSECTION (2)(c) OF THIS SECTION. IN ADDITION, THE CHAIR22
AND VICE-CHAIR OF THE COMMITTEE M AY REMOVE AND REPLACE ANY23
APPOINTMENT TO THE TASK FORCE MADE PURSUANT TO SUBSECTION (2)(c)24
OF THIS SECTION.25
(e) I
N MAKING APPOINTMENTS TO THE TASK FORCE , THE26
APPOINTING AUTHORITIES SHALL ENSURE THAT THE MEMBERSHIP OF THE27
SB22-021
-13- TASK FORCE INCLUDES PERSONS WHO HAVE EXPERIENCE WITH OR1
INTEREST IN THE STUDY AREAS OF THE TASK FORCE AS SET FORTH IN2
SUBSECTION (3) OF THIS SECTION; PERSONS WHO REFLECT THE ETHNIC ,3
CULTURAL, AND GENDER DIVERSITY OF THE STATE; REPRESENTATION OF4
ALL AREAS OF THE STATE; AND, TO THE EXTENT PRACTICABLE, PERSONS5
WITH DISABILITIES.6
(f) (I) A
LL TASK FORCE MEMBERS ARE EXPECTED TO SEEK INPUT7
FROM THE VARIOUS NETWORKS OR ORGANIZATIONAL STRUCTURES OF THE8
BODY THEY REPRESENT, IF ANY. EVERY EXECUTIVE BRANCH AGENCY IS9
ENCOURAGED TO NOMINATE A REPRESENTATIVE WHO CAN PARTICIPATE IN10
MAKING TASK FORCE SUBJECT MATTER EXPERT RECOMMENDATIONS , YET11
STILL APPROPRIATELY REPRESENT THE EXECUTIVE BRANCH AGENCY 'S12
CONSTITUENCY.13
(II) I
N ORDER TO ADVANCE THE WORK OF THE TASK FORCE , TASK14
FORCE MEMBERS ARE ENCOURAGED TO PARTICIPATE IN DECISION -MAKING,15
WITH THE UNDERSTANDING THAT INDIVIDUAL VOTES ON TASK FORCE16
ISSUES ARE BASED ON SUBJECT MATTER EXPERTISE AND DO NOT COMMIT17
REPRESENTATIVE AGENCIES OR ORGANIZATIONS TO ANY POSITION OR18
ACTION. TASK FORCE MEMBERS SHALL ADHERE TO ANY AGREED -UPON19
PROCEDURAL RULES AND GUIDELINES .20
(g) M
EMBERS OF THE TASK FORCE SERVE WITHOUT21
COMPENSATION. HOWEVER, MEMBERS OF THE TASK FORCE APPOINTED22
PURSUANT TO SUBSECTION (2)(c) OF THIS SECTION MAY RECEIVE23
REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES ASSOCIATED24
WITH THEIR DUTIES ON THE TASK FORCE.25
(3) Issues for study. (a) T
HE TASK FORCE SHALL STUDY26
BEHAVIORAL HEALTH ISSUES WITHIN ITS SCOPE FOR PERSONS INVOLVED27
SB22-021
-14- WITH THE CRIMINAL AND JUVENILE JUSTICE SYSTEMS , AS ANNUALLY1
DEFINED IN WRITING BY THE COMMITTEE EVERY YEAR ON OR BEFORE2
J
ANUARY 30, AND SHALL DEVELOP AND PROPOSE POLICY MODIFICATIONS3
FOR COMMITTEE CONSIDERATION .4
(b) T
HE REQUIREMENTS SET FORTH IN THIS SUBSECTION (3) DO NOT5
PROHIBIT THE TASK FORCE, AT ANY TIME DURING ITS EXISTENCE, FROM6
REQUESTING PERMISSION FROM THE COMMITTEE TO STUDY , PRESENT7
FINDINGS, AND MAKE RECOMMENDATIONS ON ANY ISSUE RELATED TO THE8
SCOPE OF THE TASK FORCE AND OVERSIGHT COMMITTEE .9
(c) T
HE TASK FORCE SHALL STUDY BEST AND PROMISING10
PRACTICES TO PROMOTE POSITIVE SOCIAL AND EMOTI ONAL OUTCOMES FOR11
INDIVIDUALS WITH BEHAVIORAL HEALTH DISORDERS WHO ARE INVOLVED12
OR AT RISK OF CONTINUED INVOLVEMENT IN THE CRIMINAL OR JUVENILE13
JUSTICE SYSTEMS, WITH THE FOCUS ON BETTER UNDERSTANDING AND14
ADDRESSING NECESSARY RESOURCES AND ACTIONS FOR IMPLEMENTATION15
TO PREVENT INITIAL OR CONTINUED INVOLVEMENT WITH THE CRIMINAL OR16
JUVENILE JUSTICE SYSTEMS.17
(d) I
N EVALUATING THE ISSUES SET FORTH IN SUBSECTION (3)(a)18
OF THIS SECTION, THE TASK FORCE SHALL SPECIFICALLY CONSIDER THE19
FOLLOWING RELATED ISSUES, INCLUDING:20
(I) E
ARLY IDENTIFICATION OF AND INTERVENTION STRATEGIES FOR21
INDIVIDUALS WHO ARE AT A HIGHER RISK OF CONTINUED INVOLVEMENT22
WITH THE CRIMINAL OR JUVENILE JUSTICE SYSTEM DUE TO ESTABLISHED23
OR DEVELOPING BEHAVIORAL HEALTH CONCERNS ;24
(II) T
HE PROMOTION OF RESILIENCE AND HEALTH FOR PERSONS25
ALREADY EXPERIENCING INVOLVEMENT OR WHO ARE AT RISK OF26
CONTINUING INVOLVEMENT WITH THE CRIMINAL OR JUVENILE JUSTICE27
SB22-021
-15- SYSTEM DUE TO BEHAVIORAL HEALTH CONCERNS ;1
(III) T
HE INTERSECTION OF BEHAVIORAL HEALTH DISORDERS AND2
THE INVOLVEMENT OR RISK OF CONTINUED INVOLVEMENT IN THE JUVENILE3
OR CRIMINAL JUSTICE SYSTEMS, WITH A SPECIFIC FOCUS ON DIVERTING4
PERSONS WITH MENTAL HEALTH , SUBSTANCE USE, OR CO-OCCURRING5
DISORDERS AWAY FROM THE RISK OF CONTINUED JUVENILE OR CRIMINAL6
JUSTICE INVOLVEMENT; AND7
(IV) I
SSUES RELATING TO PERSONS WITH BEHAVIORAL HEALTH8
DISORDERS WHO ARE ALREADY INVOLVED IN THE CRIMINAL OR JUVENILE9
JUSTICE SYSTEM, UTILIZING SAFE AND EFFECTIVE INTERVENTIONS WITH A10
FOCUS ON PREVENTING FURTHER INVOLVEMENT , PROMOTING GOOD11
HEALTH OUTCOMES UPON RELEASE , AND ENHANCING RECOVERY SUCCESS .12
(4) Additional duties of the task force. T
HE TASK FORCE SHALL13
ANNUALLY DELIVER POLICY AND LEGISLATIVE RECOMMENDATIONS TO THE14
COMMITTEE PURSUANT TO THIS SECTION . IN ADDITION, THE TASK FORCE15
SHALL:16
(a) O
N OR BEFORE AUGUST 1 OF EACH YEAR, SELECT A CHAIR AND17
VICE-CHAIR FROM AMONG ITS MEMBERS ;18
(b) M
EET AT LEAST SIX TIMES EACH YEAR, OR MORE OFTEN AS19
DIRECTED BY THE CHAIR OF THE COMMITTEE ;20
(c) E
STABLISH ORGANIZATIONAL AND PROCEDURAL RULES FOR THE21
OPERATION OF THE TASK FORCE AND FOR COLLABORATION WITH THE22
COMMITTEE;23
(d) D
ESIGNATE SPECIFIC TASK FORCE MEMBERS RESPONSIBLE FOR24
COLLABORATING WITH AND OBTAINING INPUT FROM OTHER GROUPS , TASK25
FORCES, OR STATEWIDE INITIATIVES THAT COMPLEMENT OR RELATE TO26
THE TASK FORCE'S IDENTIFIED AREAS OF STUDY;27
SB22-021
-16- (e) CREATE SUBCOMMITTEES AS NEEDED TO CARRY OUT THE1
DUTIES OF THE TASK FORCE. THE SUBCOMMITTEES MAY CONSIST , IN PART,2
OF PERSONS WHO ARE NOT MEMBERS OF THE TASK FORCE . SUCH PERSONS3
MAY VOTE ON ISSUES BEFORE THE SUBCOMMITTEE BUT ARE NOT ENTITLED4
TO A VOTE AT TASK FORCE MEETINGS.5
(f) S
TUDY THE IMPLEMENTATION OF COMMITTEE LEGISLATION6
PASSED BY THE GENERAL ASSEMBLY ;7
(g) U
PON REQUEST BY A COMMITTEE MEMBER , PROVIDE8
EVIDENCE-BASED FEEDBACK ON THE POTENTIAL BENEFITS OR9
CONSEQUENCES OF A LEGISLATIVE OR OTHER POLICY PROPOSAL NOT10
DIRECTLY AFFILIATED WITH OR GENERATED BY THE TASK FORCE . THE11
FEEDBACK MUST BE DELIVERED WITHIN TWO WEEKS TO THE ENTIRE12
COMMITTEE AND REMAIN AS CONCISE AS POSSIBLE WHILE CAPTURING ANY13
AVAILABLE EVIDENCE. IF THE TASK FORCE CANNOT IDENTIFY EVIDENCE TO14
EFFECTIVELY INFORM A RESPONSE, THE FEEDBACK WILL INDICATE A LACK15
OF EVIDENCE AND REPORT ON ANY ACTIONS TAKEN .16
(h) (I) O
N OR BEFORE AUGUST 1 OF EACH YEAR, PREPARE AND17
SUBMIT TO THE COMMITTEE, A REPORT THAT, AT A MINIMUM, INCLUDES:18
(A) I
SSUES STUDIED BY THE TASK FORCE , AS WELL AS FINDINGS19
FOR LEGISLATIVE OR OTHER RECOMMENDATIONS ;20
(B) L
EGISLATIVE OR POLICY PROPOSALS OF THE TASK FORCE THAT21
IDENTIFY THE POLICY ISSUES INVOLVED, THE AGENCIES RESPONSIBLE FOR22
THE IMPLEMENTATION OF THE CHANGES , AND THE FUNDING SOURCES23
REQUIRED FOR IMPLEMENTATION ;24
(C) A
SUMMARY OF TASK FORCE MEETING ACTIVITIES AND25
DISCUSSIONS;26
(D) A
NY EVIDENCE-BASED FEEDBACK PROVIDED TO THE27
SB22-021
-17- COMMITTEE PURSUANT TO SUBSECTION (4)(g) OF THIS SECTION; AND1
(E) A
SUMMARY OF EFFORTS MADE TO COMMUNICATE ,2
COLLABORATE, OR COORDINATE WITH OTHER GROUPS , TASK FORCES, OR3
STATE INITIATIVES.4
(II) T
HE TASK FORCE MAY POST THE REPORT ON THE COMMITTEE 'S5
WEBSITE.6
(5) Coordination. T
HE TASK FORCE MAY WORK WITH OTHER7
GROUPS, TASK FORCES, OR STATEWIDE INITIATIVES THAT ARE PURSUING8
ISSUES AND POLICY INITIATIVES SIMILAR TO THOSE ADDRESSED IN9
SUBSECTION (3) OF THIS SECTION. THE TASK FORCE MAY DEVELOP10
RELATIONSHIPS WITH OTHER TASK FORCES , COMMITTEES, AND11
ORGANIZATIONS TO LEVERAGE EFFICIENT POLICY -MAKING OPPORTUNITIES12
THROUGH COLLABORATIVE EFFORTS .13
(6) N
OTWITHSTANDING ANY PROVISION OF THIS SECTION , THE14
TASK FORCE IS NOT REQUIRED TO MEET , SUBMIT ANNUAL POLICY AND15
LEGISLATIVE RECOMMENDATIONS , OR SUBMIT AN ANNUAL REPORT TO THE16
COMMITTEE DURING ANY INTERIM IN WHICH THE GENERAL ASSEMBLY HAS17
SUSPENDED INTERIM COMMITTEE ACTIVITIES .18
18-1.9-105. Task force funding - staff support. (1) T
HE19
LEGISLATIVE COUNCIL STAFF SHALL SUPPLY STAFF ASSISTANCE , WITHIN20
EXISTING APPROPRIATIONS, TO THE TASK FORCE AS THE COMMITTEE21
DEEMS APPROPRIATE. IF EXISTING APPROPRIATIONS ARE NOT ADEQUATE22
TO SUPPLY STAFF ASSISTANCE THROUGH THE LEGISLATIVE C OUNCIL STAFF ,23
THE DIRECTOR OF LEGISLATIVE COUNCIL STAFF SHALL REQUEST24
ADDITIONAL NECESSARY FUNDING IN ITS ANNUAL BUDGET REQUEST .25
(2) T
HE DIVISION OF CRIMINAL JUSTICE IN THE DEPARTMENT OF26
PUBLIC SAFETY, THE OFFICE OF BEHAVIORAL HEALTH IN THE DEPARTMENT27
SB22-021
-18- OF HUMAN SERVICES, AND ANY STATE DEPARTMENT OR AGENCY WITH AN1
ACTIVE REPRESENTATIVE ON THE TASK FORCE ARE AUTHORIZED TO2
RECEIVE AND EXPEND GIFTS , GRANTS, AND DONATIONS , INCLUDING3
DONATIONS OF IN-KIND SERVICES FOR STAFF SUPPORT, FROM ANY PUBLIC4
OR PRIVATE ENTITY FOR ANY DIRECT OR INDIRECT COSTS ASSOCIATED5
WITH THE DUTIES OF THE TASK FORCE.6
18-1.9-106. Treatment of persons with behavioral health7
disorders in the criminal and juvenile justice systems fund. (1) T
HE8
TREATMENT OF PERSONS WITH BEHAVIORAL HEALTH DISORDERS IN THE9
CRIMINAL AND JUVENILE JUSTICE SYSTEMS FUND , REFERRED TO IN THIS10
SECTION AS THE "FUND", IS CREATED IN THE STATE TREASURY. THE FUND11
CONSISTS OF MONEY APPROPRIATED OR TRANSFERRED TO THE FUND BY12
THE GENERAL ASSEMBLY AND ANY PRIVATE AND PUBLIC FUNDS RECEIVED13
THROUGH GIFTS, GRANTS, OR DONATIONS FOR THE PURPOSE OF14
IMPLEMENTING THE PROVISIONS OF THIS ARTICLE 1.9. MONEY IN THE FUND15
IS SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY FOR16
THE DIRECT AND INDIRECT COSTS ASSOCIATED WITH THE IMPLEMENTATION17
OF THIS ARTICLE 1.9. MONEY IN THE FUND NOT EXPENDED FOR THE18
PURPOSE OF IMPLEMENTING THIS ARTICLE 1.9 MAY BE INVESTED BY THE19
STATE TREASURER AS PROVIDED BY LAW . THE STATE TREASURER SHALL20
CREDIT ALL INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND21
INVESTMENT OF MONEY IN THE FUND TO THE FUND . THE STATE TREASURER22
SHALL TRANSFER ALL UNEXPENDED AND UNENCUMBERED MONEY23
REMAINING IN THE FUND AS OF JULY 1, 2025, TO THE GENERAL FUND.24
(2) T
HE CHAIR OF THE EXECUTIVE COMMITTEE OF THE LEGISLATIVE25
COUNCIL SHALL APPROVE ANY COMPENSATION PROVIDED FOR IN SECTIONS26
18-1.9-103 (1)(g), 18-1.9-104 (2)(g),
AND 18-1.9-105 FOR MEMBERS OF27
SB22-021
-19- THE GENERAL ASSEMBLY, SPECIFIED MEMBERS OF THE TASK FORCE, AND1
STAFF ASSISTANCE TO THE COMMITTEE AND TASK FORCE , AS PROVIDED BY2
THE DIRECTOR OF RESEARCH OF THE LEGISLATIVE COUNCIL AND THE3
DIRECTOR OF THE OFFICE OF LEGISLATIVE LEGAL SERVICES .4
C
OMPENSATION MUST BE PAID BY VOUCHERS AND WARRANTS DRAWN AS5
PROVIDED BY LAW FROM MONEY APPROPRIATED FOR SUCH PURPOSE AND6
ALLOCATED TO THE EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL7
FROM THE FUND.8
18-1.9-107. Repeal of article. T
HIS ARTICLE 1.9 IS REPEALED,9
EFFECTIVE JULY 1, 2027.10
SECTION 2. Safety clause. The general assembly hereby finds,11
determines, and declares that this act is necessary for the immediate12
preservation of the public peace, health, or safety.13
SB22-021
-20-