SENATE BILL 22-021
BY SENATOR(S) Rodriguez and Lee, Simpson, Buckner, Gonzales,
Kolker, Moreno, Pettersen, Story;
also REPRESENTATIVE(S) Benavidez and Amabile, Pelton, Bacon,
Bernett, Bird, Boesenecker, Cutter, Duran, Esgar, Exum, Froelich,
Gonzales-Gutierrez, Herod, Hooton, Jodeh, Kipp, Lindsay, Lontine,
McCluskie, McCormick, Michaelson Jenet, Mullica, Sirota, Sullivan,
Titone, Valdez D., Weissman, Garnett, Daugherty.
C
ONCERNING THE TREATMENT OF PERSONS WITH BEHAVIORAL HEALTH
DISORDERS IN THE JUSTICE SYSTEM
, AND, IN CONNECTION
THEREWITH
, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, repeal and reenact,
with amendments, article 1.9 of title 18 as follows:
ARTICLE 1.9
Continuing Examination of the Treatment of Persons with
Behavioral Health Disorders Who are Involved in the
Criminal and Juvenile Justice Systems
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. 18-1.9-101. Legislative declaration. (1) T HE GENERAL ASSEMBLY
FINDS THAT
:
(a) T
HE UNITED STATES IS IN A PUBLIC HEALTH CRISIS IN WHICH
PERSONS WITH BEHAVIORAL HEALTH NEEDS ARE NEGLECTED
, STIGMATIZED,
OR INADEQUATELY SUPPORTED , WHICH GREATLY INCREASES THE RISK OF
SUCH PERSONS BECOMING INVOLVED WITH OR CONTINUING TO BE INVOLVED
WITH THE CRIMINAL OR JUVENILE JUSTICE SYSTEM
;
(b) P
ERSONS WITH BEHAVIORAL HEALTH DISORDERS ARE
DISPROPORTIONATELY REPRESENTED IN THE CRIMINAL AND JUVENILE
JUSTICE SYSTEMS
. THE PREVALENCE RATES NATIONALLY OF SUCH
INDIVIDUALS ENTERING JAIL ARE THREE TIMES GREATER THAN THAT OF THE
GENERAL POPULATION
. BUREAU OF JUSTICE STATISTICS DATA FROM 2011
THROUGH 2012 INDICATE THAT HALF OF THE PEOPLE INCARCERATED IN
PRISONS
, AND TWO-THIRDS OF THOSE IN JAIL, HAVE EITHER A CURRENT
SERIOUS PSYCHOLOGICAL DISTRESS OR A HISTORY OF BEHAVIORAL HEALTH
CONCERNS
.
(c) T
HE DEPARTMENT OF CORRECTIONS ' DATA INDICATE THAT ONE
OUT OF EVERY THREE MEN AND FOUR OUT OF EVERY FIVE WOMEN
IMPRISONED IN
COLORADO HAVE A MODERATE TO SEVERE BEHAVIORAL
HEALTH DISORDER
;
(d) T
HE DIVISION OF YOUTH SERVICES ' DATA INDICATE THAT
FIFTY
-NINE PERCENT OF NEWLY CO MMITTED YOUTH REQUI RE BEHAVIORAL
HEALTH INTERVENTION OR SERVICES
, AND NATIONALLY , JUVENILE
INSTITUTIONS ARE ILL
-EQUIPPED TO PROVIDE A COMPREHENSIVE ARRAY OF
SUCH SERVICES TO MEET THE NEEDS
; AND
(e) LARGE NUMBERS OF PEOPLE WITH BEHAVIORAL HEALTH
DISORDERS ARE BEING SENT TO SECURE JUSTICE SETTINGS INSTEAD OF
RECEIVING COMMUNITY TREATMENT
. AS A RESULT, THE CRIMINAL JUSTICE
SYSTEM HAS BECOME THE STOPGAP PROVIDER TO ADDRESS CHRONIC AND
ACUTE BEHAVIORAL HEALTH NEEDS IN OUR STATE
.
(2) T
HE GENERAL ASSEMBLY FURTHER FINDS THAT :
(a) A
CTIONS FOCUSED ON PERSONS WHO ARE AT RISK OF ENTRY INTO
THE SYSTEM DUE TO BEHAVIORAL HEALTH DISORDERS
, AND ACTIONS TO
PAGE 2-SENATE BILL 22-021 HELP REDUCE AND PREVENT RECIDIVISM ONCE SUCH INDIVI DUALS ARE IN THE
SYSTEM
, ARE CRITICAL IN ADDRESSING THE PROBLEM ;
(b) R
ESEARCH DEMONSTRATES A NEED TO DIVERT PERSONS WITH
BEHAVIORAL HEALTH DISORDERS TO TREATMENT PROGRAMS AND TO
PROVIDE WRAPAROUND SERVICES
, SUCH AS HOUSING AND CONTINUED
MEDICAL AND BEHAVIORAL HEALTH TREATMENT UPON RELEASE
; AND
(c) PREVENTION AND INTERVENTION NEEDS RANGE FROM , BUT ARE
NOT LIMITED TO
, SCHOOL-BASED BEHAVIORAL HEALTH SERVICES ; LAW
ENFORCEMENT DIRECTED DIVERSION
; COMMUNITY SCREENING, ASSESSMENT,
AND TREATMENT; SECURE SETTINGS WITHIN CORRECTION FACILITIES ; AND
SUPPORTIVE REENTRY SERVICES THAT ARE CRITICAL COMPONENTS OF
DIGNITY
, SAFETY, AND RECOVERY.
(3) I
N ADDITION, THE GENERAL ASSEMBLY FINDS THAT THE RESULTS
OF A REPORT REQUESTED BY THE JOINT BUDGET COMMITTEE IN
1999
RECOMMENDED CROSS -SYSTEM COLLABORATION AND COMMUNICATION AS
A METHOD FOR REDUCING THE NUMBER OF PERSONS WITH MENTAL HEALTH
DISORDERS WHO ARE INVOLVED IN THE CRIMINAL AND JUVENILE JUSTICE
SYSTEMS
. THE COMMITTEE AND TASK FORCE CREATED BY THIS ARTICLE 1.9
SHALL CONSIDER THE BROADER CONTINUUM OF BEHAVIORAL HEALTH
DISORDERS TO BETTER ACCOUNT FOR THE NEEDS OF THE AT
-RISK
POPULATION BEING STUDIED
.
(4) T
HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT , DESPITE
THE IMPACT AND REACH OF THE PREVIOUS WORK OF THE LEGISLATIVE
OVERSIGHT COMMITTEE AND TASK FORCE
, A SIGNIFICANT NEED REMAINS FOR
ONGOING INNOVATION TO ADDRESS THESE AND RELATED ISSUES
. THE
GENERAL ASSEMBLY THEREFORE DETERMINES THAT IT IS NECESSARY TO
CONTINUE THE LEGISLATIVE OVERSIGHT COMMITTEE AND TASK FORCE TO
EXAMINE THE IDENTIFICATION
, DIAGNOSIS, AND TREATMENT OF PERSONS
WITH BEHAVIORAL HEALTH DISORDERS WHO ARE AT RISK OF INVOLVEMENT
OR CONTINUED INVOLVEMENT WITH THE CRIMINAL OR JUVENILE JUSTICE
SYSTEMS AND TO DEVELOP STRATEGIES TO ADDRESS THE ISSUES SUCH
PEOPLE FACE
.
18-1.9-102. Definitions. A
S USED IN THIS ARTICLE 1.9, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
PAGE 3-SENATE BILL 22-021 (1) "BEHAVIORAL HEALTH" REFERS TO AN INDIVIDUAL'S MENTAL
AND EMOTIONAL WELL
-BEING AND ACTIONS THAT AFFECT AN INDIVIDUAL 'S
OVERALL WELLNESS
. BEHAVIORAL HEALTH PROBLEMS AND DISORDERS
INCLUDE SUBSTANCE USE DISORDERS
, SERIOUS PSYCHOLOGICAL DISTRESS,
SUICIDE, DEPRESSION, AND OTHER MENTAL HEALTH DISORDERS . PROBLEMS
RANGING FROM UNHEALTHY STRESS OR SUBCLINICAL CONDITIONS TO
DIAGNOSABLE AND TREATABLE DISEASES ARE INCLUDED IN THE TERM
"BEHAVIORAL HEALTH". THE TERM "BEHAVIORAL HEALTH" IS ALSO USED TO
DESCRIBE SERVICE SYSTEMS THAT ENCOMPASS PREVENTION AND PROMOTION
OF EMOTIONAL HEALTH
, PREVENTION AND TREATMENT SERVICES FOR
MENTAL HEALTH AND SUBSTANCE USE DISORDERS
, AND RECOVERY SUPPORT.
(2) "C
O-OCCURRING DISORDER " MEANS A DISORDER THAT
COMMONLY COINCIDES WITH MENTAL HEALTH DISORDERS AND MAY
INCLUDE
, BUT IS NOT LIMITED TO, SUBSTANCE ABUSE AND SUBSTANCE USE
DISORDERS
, BEHAVIORAL HEALTH DISORDERS , INTELLECTUAL AND
DEVELOPMENTAL DISABILITIES
, FETAL ALCOHOL SYNDROME , AND
TRAUMATIC BRAIN INJURY
.
(3) "L
EGISLATIVE OVERSIGHT COMMITTEE " OR "COMMITTEE" MEANS
THE LEGISLATIVE OVERSIGHT COMMITTEE CONCERNING THE TREATMENT OF
PERSONS WITH BEHAVIORAL HEALTH DISORDERS IN THE CRIMINAL AND
JUVENILE JUSTICE SYSTEMS ESTABLISHED PURSUANT TO SECTION
18-1.9-103.
(4) "P
REVIOUS TASK FORCE" MEANS THE TASK FORCE CONCERNING
THE TREATMENT OF PERSONS WITH MENTAL HEALTH DISORDERS IN THE
CRIMINAL AND JUVENILE JUSTICE SYSTEMS THAT EXISTED PRIOR TO
JULY 1,
2022.
(5) "T
ASK FORCE" MEANS THE TASK FORCE CONCERNING THE
TREATMENT OF PERSONS WITH BEHAVIORAL HEALTH DISORDERS IN THE
CRIMINAL AND JUVENILE JUSTICE SYSTEMS ESTABLISHED PURSUANT TO
SECTION
18-1.9-104.
18-1.9-103. Legislative oversight committee concerning the
treatment of persons with behavioral health disorders in the criminal
and juvenile justice systems - creation - duties. (1) Creation. (a) T
HERE
IS CREATED A LEGISLATIVE OVERSIGHT COMMITTEE CONCERNING THE
TREATMENT OF PERSONS WITH BEHAVIORAL HEALTH DISORDERS IN THE
CRIMINAL AND JUVENILE JUSTICE SYSTEMS
.
PAGE 4-SENATE BILL 22-021 (b) THE COMMITTEE CONSISTS OF SIX MEMBERS AS FOLLOWS :
(I) T
HE PRESIDENT OF THE SENATE SHALL APPOINT TWO SENATORS
TO SERVE ON THE COMMITTEE
, AND THE MINORITY LEADER OF THE SENATE
SHALL APPOINT ONE SENATOR TO SERVE ON THE COMMITTEE
; AND
(II) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL
APPOINT THREE REPRESENTATIVES TO SERVE ON THE COMMITTEE
, NO MORE
THAN TWO OF WHOM ARE MEMBERS OF THE SAME POLITICAL PARTY
.
(c) T
HE TERMS OF THE MEMBERS WHO ARE SERVING ON THE
LEGISLATIVE OVERSIGHT COMMITTEE CONCERNING THE TREATMENT OF
PERSONS WITH MENTAL HEALTH DISORDERS IN THE CRIMINAL AND JUVENILE
JUSTICE SYSTEMS AS OF THE EFFECTIVE DATE OF THIS SECTION ARE
EXTENDED TO THE CONVENING DATE OF THE FIRST REGULAR SESSION OF THE
SEVENTY
-FOURTH GENERAL ASSEMBLY . AS SOON AS PRACTICABLE AFTER
SUCH CONVENING DATE
, BUT NO LATER THAN THE END OF THE LEGISLATIVE
SESSION
, THE SPEAKER, THE PRESIDENT, AND THE MINORITY LEADER OF THE
SENATE SHALL EACH APPOINT OR REAPPOINT MEMBERS IN THE SAME MANNER
AS PROVIDED IN SUBSECTION
(1)(b) OF THIS SECTION. THEREAFTER, THE
TERMS OF MEMBERS APPOINTED OR REAPPOINTED BY THE SPEAKER
, THE
PRESIDENT
, AND THE MINORITY LEADER OF THE SENATE EXPIRE ON THE
CONVENING DATE OF THE FIRST REGULAR SESSION OF THE NEXT GENERAL
ASSEMBLY
, AND ALL SUBSEQUENT APPOINTMENTS AND REAPPOINTMENTS BY
THE SPEAKER
, THE PRESIDENT, AND THE MINORITY LEADER OF THE SENATE
MUST BE MADE AS SOON AS PRACTICABLE AFTER THE CONVENING DATE
, BUT
NO LATER THAN THE END OF THE LEGISLATIVE SESSION
.
(d) T
HE PERSON MAKING THE ORIGINAL APPOINTMENT OR
REAPPOINTMENT SHALL FILL ANY VACANCY BY APPOINTMENT FOR THE
REMAINDER OF AN UNEXPIRED TERM
. MEMBERS APPOINTED OR REAPPOINTED
SERVE AT THE PLEASURE OF THE APPOINTING AUTHORITY AND CONTINUE IN
OFFICE UNTIL THE MEMBER
'S SUCCESSOR IS APPOINTED.
(e) T
HE PRESIDENT OF THE SENATE SHALL SELECT THE FIRST CHAIR
OF THE COMMITTEE
, AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES
SHALL SELECT THE FIRST VICE
-CHAIR. THE CHAIR AND VICE-CHAIR SHALL
ALTERNATE ANNUALLY THEREAFTER BETWEEN THE TWO HOUSES
.
(f) T
HE CHAIR AND VICE-CHAIR OF THE COMMITTEE MAY ESTABLISH
PAGE 5-SENATE BILL 22-021 ORGANIZATIONAL AND PROCEDURAL RULES AS ARE NECESSARY FOR THE
OPERATION OF THE COMMITTEE AND
, IN COLLABORATION WITH THE TASK
FORCE
, GUIDELINES AND EXPECTATIONS FOR ONGOING COLLABORATION
WITH THE TASK FORCE
.
(g) (I) M
EMBERS OF THE COMMITTEE MAY RECEIVE PAYMENT OF PER
DIEM AND REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES
AUTHORIZED PURSUANT TO SECTION
2-2-307.
(II) T
HE DIRECTOR OF RESEARCH OF THE LEGISLATIVE COUNCIL AND
THE DIRECTOR OF THE OFFICE OF LEGISLATIVE LEGAL SERVICES SHALL
SUPPLY STAFF ASSISTANCE TO THE COMMITTEE AS THEY DEEM APPROPRIATE
,
WITHIN EXISTING APPROPRIATIONS.
(2) Duties. (a) (I) T
HE COMMITTEE SHALL MEET AT LEAST THREE
TIMES EACH YEAR AND AT SUCH OTHER TIMES AS IT DEEMS NECESSARY
.
(II) E
ACH COMMITTEE MEMBER SHALL ANNUALLY EITHER ATTEND
OR CALL INTO AT LEAST ONE REGULAR TASK FORCE MEETING
. COMMITTEE
MEMBERS ARE ENCOURAGED TO ATTEND SEPARATE MEETINGS AND INFORM
THE REST OF THE COMMITTEE ABOUT THE CURRENT WORK OF THE TASK
FORCE
.
(b) T
HE COMMITTEE IS RESPONSIBLE FOR THE OVERSIGHT OF THE
TASK FORCE AND SHALL SUBMIT ANNUAL REPORTS PURSUANT TO
SUBSECTION
(2)(c) OF THIS SECTION TO THE GENERAL ASSEMBLY REGARDING
THE TASK FORCE
'S FINDINGS AND RECOMMENDATIONS . IN ADDITION, THE
COMMITTEE MAY RECOMMEND LEGISLATIVE CHANGES THAT ARE TREATED
AS BILLS RECOMMENDED BY AN INTERIM LEGISLATIVE COMMITTEE FOR
PURPOSES OF ANY INTRODUCTION DEADLINES OR BILL LIMITATIONS IMPOSED
BY THE JOINT RULES OF THE GENERAL ASSEMBLY
.
(c) (I) O
N OR BEFORE JANUARY 15 OF EACH YEAR, THE COMMITTEE
IS REQUIRED TO SUBMIT A REPORT TO THE GENERAL ASSEMBLY AND MAKE
SUCH REPORT PUBLICLY AVAILABLE ON ITS WEBSITE
; HOWEVER, DURING ANY
INTERIM IN WHICH THE GENERAL ASSEMBLY HAS SUSPENDED INTERIM
COMMITTEE ACTIVITIES
, THE COMMITTEE IS NOT REQUIRED TO SUBMIT SUCH
A REPORT
. THE ANNUAL REPORT MUST BRIEFLY SUMMARIZE THE STUDY
ISSUES
, RECOMMENDATIONS CONSIDERED , AND ANY ACTIONS TAKEN BY THE
COMMITTEE AND THE TASK FORCE DURING THE PREVIOUS YEAR
.
PAGE 6-SENATE BILL 22-021 (II) THE REPORT MUST COMPLY WITH THE PROVISIONS OF SECTION
24-1-136 (9). NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE
REQUIREMENT IN THIS SECTION TO REPORT TO THE GENERAL ASSEMBLY
CONTINUES INDEFINITELY
.
18-1.9-104. Task force concerning the treatment of persons with
behavioral health disorders in the criminal and juvenile justice systems
- creation - membership - duties. (1) Creation. T
HERE IS CREATED A
TASK FORCE CONCERNING THE TREATMENT OF PERSONS WITH BEHAVIORAL
HEALTH DISORDERS IN THE CRIMINAL AND JUVENILE JUSTICE SYSTEMS
. THE
TASK FORCE CONSISTS OF THIRTY
-ONE MEMBERS APPOINTED AS PROVIDED
IN SUBSECTION
(2) OF THIS SECTION AND ANY STAFF SUPPORT AS PROVIDED
FOR IN SECTION
18-1.9-105.
(2) Membership - terms. (a) T
HE CHIEF JUSTICE OF THE COLORADO
SUPREME COURT SHALL APPOINT TWO MEMBERS WHO REPRESENT THE
JUDICIAL DEPARTMENT
, ONE OF WHOM REPRESENTS THE DIVISION OF
PROBATION WITHIN THE DEPARTMENT
. NOTHING IN THIS SECTION PROHIBITS
THE CHIEF JUSTICE FROM APPOINTING MEMBERS WHO SERVED ON THE
PREVIOUS TASK FORCE
.
(b) T
HE FOLLOWING EXECUTIVE BRANCH AGENCIES , DIVISIONS, AND
OFFICES SHALL APPOINT OR REAPPOINT FROM THE PREVIOUS TASK FORCE
ELEVEN MEMBERS
. NOTHING IN THIS SECTION PROHIBITS THE EXECUTIVE
BRANCH AGENCIES LISTED FROM APPOINTING MEMBERS WHO SERVED ON THE
PREVIOUS TASK FORCE
. THE FOLLOWING EXECUTIVE BRANCH AGENCIES
SHALL APPOINT A REPRESENTATIVE ON OR BEFORE
AUGUST 1, 2022:
(I) T
HE DIRECTOR OF THE DIVISION OF CRIMINAL JUSTICE IN THE
DEPARTMENT OF PUBLIC SAFETY SHALL APPOINT ONE MEMBER TO REPRESENT
THE DIVISION
;
(II) T
HE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS SHALL
APPOINT ONE MEMBER TO REPRESENT THE DEPARTMENT
;
(III) T
HE DEPARTMENT OF HUMAN SERVICES SHALL APPOINT FOUR
MEMBERS AS FOLLOWS
:
(A) T
HE DIRECTOR OF THE COLORADO MENTAL HEALTH INSTITUTE
AT
PUEBLO, OR THE DIRECTOR'S DESIGNEE;
PAGE 7-SENATE BILL 22-021 (B) THE COMMISSIONER OF THE BEHAVIORAL HEALTH
ADMINISTRATION
, OR THE COMMISSIONER'S DESIGNEE;
(C) T
HE DIRECTOR OF THE DIVISION OF YOUTH SERVICES SHALL
APPOINT ONE MEMBER TO REPRESENT THE DIVISION
; AND
(D) THE DIRECTOR OF THE UNIT WITHIN THE DEPARTMENT OF HUMAN
SERVICES THAT IS RESPONSIBLE FOR CHILD WELFARE SERVICES SHALL
APPOINT ONE MEMBER TO REPRESENT THE UNIT
;
(IV) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF EDUCATION
SHALL APPOINT ONE MEMBER TO REPRESENT THE DEPARTMENT
;
(V) T
HE ATTORNEY GENERAL SHALL APPOINT ONE MEMBER TO
REPRESENT THE ATTORNEY GENERAL
'S OFFICE;
(VI) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HEALTH
CARE POLICY AND FINANCING SHALL APPOINT ONE MEMBER TO REPRESENT
THE DEPARTMENT
;
(VII) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LABOR AND
EMPLOYMENT SHALL APPOINT ONE MEMBER TO REPRESENT THE
DEPARTMENT
;
(VIII) T
HE DIRECTOR OF THE OFFICE OF THE CHILD 'S
REPRESENTATIVE SHALL APPOINT ONE MEMBER TO REPRESENT THE OFFICE
;
AND
(IX) THE DIRECTOR OF THE OFFICE OF THE ALTERNATE DEFENSE
COUNSEL SHALL APPOINT ONE MEMBER TO REPRESENT THE OFFICE
.
(c) T
HE CHAIR AND VICE-CHAIR OF THE LEGISLATIVE OVERSIGHT
COMMITTEE SHALL APPOINT OR REAPPOINT FROM THE PREVIOUS TASK FORCE
SEVENTEEN ADDITIONAL MEMBERS
. COMMITTEE STAFF IS RESPONSIBLE FOR
PUBLICLY ANNOUNCING VACANCIES FOR THE FOLLOWING POSITIONS
, AND
REQUESTING CANDIDATES SUBMIT A LETTER OF INTEREST FOR THE SPECIFIC
POSITION
, SO THAT THE LETTERS OF INTEREST ARE DUE NO LATER THAN ONE
WEEK AFTER THE EFFECTIVE DATE OF THIS SECTION
. THE LEGISLATIVE
OVERSIGHT COMMITTEE
, BY MAJORITY VOTE , SHALL APPROVE THE
APPOINTMENTS FOR THESE POSITIONS
. NOTHING IN THIS SECTION PROHIBITS
PAGE 8-SENATE BILL 22-021 THE LEGISLATIVE OVERSIGHT COMMITTEE FROM APPOINTING MEMBERS WHO
SERVED ON THE PREVIOUS TASK FORCE
. THE TASK FORCE MEMBERS TO BE
APPOINTED PURSUANT TO THIS SUBSECTION
(2)(c) INCLUDE:
(I) T
WO MEMBERS WHO REPRESENT LOCAL LAW ENFORCEMENT
AGENCIES
, ONE OF WHOM IS IN ACTIVE SERVICE AS A POLICE OFFICER IN THE
STATE
, AND THE OTHER IS IN ACTIVE SERVICE AS A SHERIFF IN THE STATE;
(II) T
WO MEMBERS FROM COUNTY DEPARTMENTS OF HUMAN OR
SOCIAL SERVICES
, ONE OF WHOM REPRESENTS A RURAL COLORADO
PERSPECTIVE
;
(III) O
NE MEMBER WHO REPRESENTS DISTRICT ATTORNEYS WITHIN
THE STATE
;
(IV) O
NE MEMBER WHO REPRESENTS PUBLIC DEFENDERS WITHIN THE
STATE
;
(V) T
WO MEMBERS WHO REPRESENT THE CRIMINAL DEFENSE BAR
WITHIN THE STATE
, ONE OF WHOM HAS EXPERIENCE REPRESENTING
JUVENILES IN THE JUVENILE JUSTICE SYSTEM
;
(VI) T
WO MEMBERS WHO ARE LICENSED MENTAL HEALTH
PROFESSIONALS PRACTICING WITHIN THE STATE
, ONE OF WHOM HAS
EXPERIENCE TREATING JUVENILES
;
(VII) O
NE MEMBER WHO IS FROM A COMMUNITY MENTAL HEALTH
CENTER WITHIN THE STATE
;
(VIII) O
NE MEMBER WHO HAS KNOWLEDGE OF PUBLIC BENEFITS AND
PUBLIC HOUSING WITHIN THE STATE
;
(IX) O
NE MEMBER WHO IS A MENTAL HEALTH PROFESSIONAL
PRACTICING IN FORENSIC ENVIRONMENTS
;
(X) T
HREE MEMBERS OF THE PUBLIC AS FOLLOWS :
(A) O
NE MEMBER WHO IS LIVING WITH A BEHAVIORAL HEALTH
DISORDER AND HAS BEEN INVOLVED IN THE CRIMINAL OR JUVENILE JUSTICE
SYSTEM IN THE STATE
;
PAGE 9-SENATE BILL 22-021 (B) ONE MEMBER WHO HAS AN ADULT FAMILY MEMBER WHO HAS A
BEHAVIORAL HEALTH DISORDER AND WHO IS OR WAS INVOLVED IN THE
CRIMINAL JUSTICE SYSTEM IN THE STATE
; AND
(C) ONE MEMBER WHO IS THE PARENT OF A CHILD WHO HAS A
BEHAVIORAL HEALTH DISORDER AND WHO IS OR WAS INVOLVED IN THE
JUVENILE JUSTICE SYSTEM IN THE STATE
; AND
(XI) ONE MEMBER WHO REPRESENTS A NONPROFIT ORGANIZATION
THAT WORKS ON STATEWIDE LEGISLATION AND ORGANIZING
COLORADANS
TO PROMOTE BEHAVIORAL
, MENTAL, AND PHYSICAL HEALTH NEEDS.
(d) B
EGINNING ON THE EFFECTIVE DATE OF THIS SECTION, MEMBERS
APPOINTED TO THE TASK FORCE PURSUANT TO SUBSECTION
(2)(c) OF THIS
SECTION SHALL SERVE NO MORE THAN THREE CONSECUTIVE TWO
-YEAR
TERMS
, WITH THE APPOINTING AUTHORITY'S APPROVAL FOR EACH SPECIFIC
TERM
. WITH THE APPOINTING AUTHORITY'S APPROVAL, A MEMBER OF THE
TASK FORCE WHO IS SERVING ON THE TASK FORCE AS OF THE EFFECTIVE DATE
OF THIS SECTION IS CONSIDERED TO BE BEGINNING THE MEMBER
'S FIRST
TWO
-YEAR TERM.
(e) (I) A
VACANCY OCCURRING IN A POSITION APPOINTED BY THE
CHIEF JUSTICE OF THE
COLORADO SUPREME COURT PURS UANT TO
SUBSECTION
(2)(a) OF THIS SECTION MUST BE FILLED AS SOON AS POSSIBLE
BY THE CHIEF JUSTICE OF THE
COLORADO SUPREME COURT IN ACCORDANCE
WITH THE LIMITATIONS SPECIFIED IN SUBSECTION
(2)(a) OF THIS SECTION. IN
ADDITION
, THE CHIEF JUSTICE OF THE COLORADO SUPREME COURT MAY
REMOVE AND REPLACE ANY APPOINTMENT TO THE TASK FORCE MADE
PURSUANT TO SUBSECTION
(2)(a) OF THIS SECTION.
(II) A
VACANCY OCCURRING IN A POSITION THAT IS APPOINTED BY AN
EXECUTIVE BRANCH AGENCY PURSUANT TO SUBSECTION
(2)(b) OF THIS
SECTION MUST BE FILLED AS SOON AS POSSIBLE BY THE INITIAL APPOINTING
EXECUTIVE BRANCH AGENCY
. IN ADDITION, THE INITIAL APPOINTING
EXECUTIVE BRANCH AGENCY MAY REMOVE AND REPLACE ANY APPOINTMENT
IT MADE TO THE TASK FORCE MADE PURSUANT TO SUBSECTION
(2)(b) OF THIS
SECTION
.
(III) A
VACANCY OCCURRING IN A POSITION FILLED BY THE CHAIR
AND VICE
-CHAIR OF THE COMMITTEE PURSUANT TO SUBSECTION (2)(c) OF
PAGE 10-SENATE BILL 22-021 THIS SECTION MUST BE FILLED AS SOON AS POSSIBLE BY THE CHAIR AND
VICE
-CHAIR OF THE COMMITTEE IN ACCORDANCE WITH THE LIMITATIONS
SPECIFIED IN SUBSECTION
(2)(c) OF THIS SECTION. IN ADDITION, THE CHAIR
AND VICE
-CHAIR OF THE COMMITTEE M AY REMOVE AND REPLACE ANY
APPOINTMENT TO THE TASK FORCE MADE PURSUANT TO SUBSECTION
(2)(c)
OF THIS SECTION.
(f) I
N MAKING APPOINTMENTS TO THE TASK FORCE , THE APPOINTING
AUTHORITIES SHALL ENSURE THAT THE MEMBERSHIP OF THE TASK FORCE
INCLUDES PERSONS WHO HAVE EXPERIENCE WITH OR INTEREST IN THE STUDY
AREAS OF THE TASK FORCE AS SET FORTH IN SUBSECTION
(3) OF THIS
SECTION
; PERSONS WHO REFLECT THE ETHNIC , CULTURAL, AND GENDER
DIVERSITY OF THE STATE
; REPRESENTATION OF ALL AREAS OF THE STATE ;
AND, TO THE EXTENT PRACTICABLE, PERSONS WITH DISABILITIES.
(g) (I) A
LL TASK FORCE MEMBERS ARE EXPECTED TO SEEK INPUT
FROM THE VARIOUS NETWORKS OR ORGANIZATIONAL STRUCTURES OF THE
BODY THEY REPRESENT
, IF ANY. EVERY EXECUTIVE BRANCH AGENCY IS
ENCOURAGED TO NOMINATE A REPRESENTATIVE WHO CAN PARTICIPATE IN
MAKING TASK FORCE SUBJECT MATTER EXPERT RECOMMENDATIONS
, YET
STILL APPROPRIATELY REPRESENT THE EXECUTIVE BRANCH AGENCY
'S
CONSTITUENCY
.
(II) I
N ORDER TO ADVANCE THE WORK OF THE TASK FORCE , TASK
FORCE MEMBERS ARE ENCOURAGED TO PARTICIPATE IN DECISION
-MAKING,
WITH THE UNDERSTANDING THAT INDIVIDUAL VOTES ON TASK FORCE ISSUES
ARE BASED ON SUBJECT MATTER EXPERTISE AND DO NOT COMMIT
REPRESENTATIVE AGENCIES OR ORGANIZATIONS TO ANY POSITION OR
ACTION
. TASK FORCE MEMBERS SHALL ADHERE TO ANY AGREED -UPON
PROCEDURAL RULES AND GUIDELINES
.
(h) M
EMBERS OF THE TASK FORCE SERVE WITHOUT COMPENSATION .
H
OWEVER, MEMBERS OF THE TASK FORCE APPOINTED PURSUANT TO
SUBSECTION
(2)(c) OF THIS SECTION MAY RECEIVE REIMBURSEMENT FOR
ACTUAL AND NECESSARY EXPENSES ASSOCIATED WITH THEIR DUTIES ON THE
TASK FORCE
.
(3) Issues for study. (a) T
HE TASK FORCE SHALL STUDY
BEHAVIORAL HEALTH ISSUES WITHIN ITS SCOPE FOR PERSONS INVOLVED WITH
THE CRIMINAL AND JUVENILE JUSTICE SYSTEMS
, AS ANNUALLY DEFINED IN
PAGE 11-SENATE BILL 22-021 WRITING BY THE COMMITTEE EVERY YEAR ON OR BEFORE JANUARY 30, AND
SHALL DEVELOP AND PROPOSE POLICY MODIFICATIONS FOR COMMITTEE
CONSIDERATION
.
(b) T
HE REQUIREMENTS SET FORTH IN THIS SUBSECTION (3) DO NOT
PROHIBIT THE TASK FORCE
, AT ANY TIME DURING ITS EXISTENCE , FROM
REQUESTING PERMISSION FROM THE COMMITTEE TO STUDY
, PRESENT
FINDINGS
, AND MAKE RECOMMENDATIONS ON ANY ISSUE RELATED TO THE
SCOPE OF THE TASK FORCE AND OVERSIGHT COMMITTEE
.
(c) T
HE TASK FORCE SHALL STUDY BEST AND PROMISING PRACTICES
TO PROMOTE POSITIVE SOCIAL AND EMOTIONAL OUTCOMES FOR INDIVI DUALS
WITH BEHAVIORAL HEALTH DISORDERS WHO ARE INVOLVED OR AT RISK OF
INVOLVEMENT OR CONTINUED INVOLVEMENT IN THE CRIMINAL OR JUVENILE
JUSTICE SYSTEMS
, WITH THE FOCUS ON BETTER UNDERSTANDING AND
ADDRESSING NECESSARY RESOURCES AND ACTIONS FOR IMPLEMENTATION
TO PREVENT INITIAL OR CONTINUED INVOLVEMENT WITH THE CRIMINAL OR
JUVENILE JUSTICE SYSTEMS
.
(d) I
N EVALUATING THE ISSUES SET FORTH IN SUBSECTION (3)(a) OF
THIS SECTION
, THE TASK FORCE SHALL SPECIFICALLY CONSIDER THE
FOLLOWING RELATED ISSUES
, INCLUDING:
(I) E
ARLY IDENTIFICATION OF AND INTERVENTION STRATEGIES FOR
INDIVIDUALS WHO ARE AT A HIGHER RISK OF CONTINUED INVOLVEMENT WITH
THE CRIMINAL OR JUVENILE JUSTICE SYSTEM DUE TO ESTABLISHED OR
DEVELOPING BEHAVIORAL HEALTH CONCERNS
;
(II) T
HE PROMOTION OF RESILIENCE AND HEALTH FOR PERSONS
ALREADY EXPERIENCING INVOLVEMENT OR WHO ARE AT RISK OF
CONTINUING INVOLVEMENT WITH THE CRIMINAL OR JUVENILE JUSTICE
SYSTEM DUE TO BEHAVIORAL HEALTH CONCERNS
;
(III) T
HE INTERSECTION OF BEHAVIORAL HEALTH DISORDERS AND
THE INVOLVEMENT OR RISK OF CONTINUED INVOLVEMENT IN THE JUVENILE
OR CRIMINAL JUSTICE SYSTEMS
, WITH A SPECIFIC FOCUS ON DIVERTING
PERSONS WITH MENTAL HEALTH
, SUBSTANCE USE, OR CO-OCCURRING
DISORDERS AWAY FROM THE RISK OF CONTINUED JUVENILE OR CRIMINAL
JUSTICE INVOLVEMENT
; AND
PAGE 12-SENATE BILL 22-021 (IV) ISSUES RELATING TO PERSONS WITH BEHAVIORAL HEALTH
DISORDERS WHO ARE ALREADY INVOLVED IN THE CRIMINAL OR JUVENILE
JUSTICE SYSTEM
, UTILIZING SAFE AND EFFECTIVE INTERVENTIONS WITH A
FOCUS ON PREVENTING FURTHER INVOLVEMENT
, PROMOTING GOOD HEALTH
OUTCOMES UPON RELEASE
, AND ENHANCING RECOVERY SUCCESS .
(4) Additional duties of the task force. T
HE TASK FORCE SHALL
ANNUALLY DELIVER POLICY AND LEGISLATIVE RECOMMENDATIONS TO THE
COMMITTEE PURSUANT TO THIS SECTION
. IN ADDITION, THE TASK FORCE
SHALL
:
(a) O
N OR BEFORE AUGUST 1 OF EACH YEAR, SELECT A CHAIR AND
VICE
-CHAIR FROM AMONG ITS MEMBERS ;
(b) M
EET AT LEAST SIX TIMES EACH YEAR , OR MORE OFTEN AS
DIRECTED BY THE CHAIR OF THE COMMITTEE
;
(c) E
STABLISH ORGANIZATIONAL AND PROCEDURAL RULES FOR THE
OPERATION OF THE TASK FORCE AND FOR COLLABORATION WITH THE
COMMITTEE
;
(d) D
ESIGNATE SPECIFIC TASK FORCE MEMBERS RESPONSIBLE FOR
COLLABORATING WITH AND OBTAINING INPUT FROM OTHER GROUPS
, TASK
FORCES
, OR STATEWIDE INITIATIVES THAT COMPLEMENT OR RELATE TO THE
TASK FORCE
'S IDENTIFIED AREAS OF STUDY;
(e) C
REATE SUBCOMMITTEES AS NEEDED TO CARRY OUT THE DUTIES
OF THE TASK FORCE
. THE SUBCOMMITTEES MAY CONSIST , IN PART, OF
PERSONS WHO ARE NOT MEMBERS OF THE TASK FORCE
. SUCH PERSONS MAY
VOTE ON ISSUES BEFORE THE SUBCOMMITTEE BUT ARE NOT ENTITLED TO A
VOTE AT TASK FORCE MEETINGS
.
(f) S
TUDY THE IMPLEMENTATION OF COMMITTEE LEGISLATION
PASSED BY THE GENERAL ASSEMBLY
;
(g) U
PON REQUEST BY A COMMITTEE MEMBER , PROVIDE
EVIDENCE
-BASED FEEDBACK ON THE POTENTIAL BENEFITS OR
CONSEQUENCES OF A LEGISLATIVE OR OTHER POLICY PROPOSAL NOT
DIRECTLY AFFILIATED WITH OR GENERATED BY THE TASK FORCE
. THE
FEEDBACK MUST BE DELIVERED WITHIN TWO WEEKS TO THE ENTIRE
PAGE 13-SENATE BILL 22-021 COMMITTEE AND REMAIN AS CONCISE AS POSSIBLE WHILE CAPTURING ANY
AVAILABLE EVIDENCE
. IF THE TASK FORCE CANNOT IDENTIFY EVIDENCE TO
EFFECTIVELY INFORM A RESPONSE
, THE FEEDBACK WILL INDICATE A LACK OF
EVIDENCE AND REPORT ON ANY ACTIONS TAKEN
.
(h) (I) O
N OR BEFORE AUGUST 1 OF EACH YEAR, PREPARE AND
SUBMIT TO THE COMMITTEE
, A REPORT THAT, AT A MINIMUM, INCLUDES:
(A) I
SSUES STUDIED BY THE TASK FORCE, AS WELL AS FINDINGS FOR
LEGISLATIVE OR OTHER RECOMMENDATIONS
;
(B) L
EGISLATIVE OR POLICY PROPOSALS OF THE TASK FORCE THAT
IDENTIFY THE POLICY ISSUES INVOLVED
, THE AGENCIES RESPONSIBLE FOR
THE IMPLEMENTATION OF THE CHANGES
, AND THE FUNDING SOURCES
REQUIRED FOR IMPLEMENTATION
;
(C) A
SUMMARY OF TASK FORCE MEETING ACTIVITIES AND
DISCUSSIONS
;
(D) A
NY EVIDENCE-BASED FEEDBACK PROVIDED TO THE COMMITTEE
PURSUANT TO SUBSECTION
(4)(g) OF THIS SECTION; AND
(E) A SUMMARY OF EFFORTS MADE TO COMMUNICATE ,
COLLABORATE, OR COORDINATE WITH OTHER GROUPS , TASK FORCES, OR
STATE INITIATIVES
.
(II) T
HE TASK FORCE MAY POST THE REPORT ON THE COMMITTEE 'S
WEBSITE
.
(5) Coordination. T
HE TASK FORCE MAY WORK WITH OTHER
GROUPS
, TASK FORCES, OR STATEWIDE INITIATIVES THAT ARE PURSUING
ISSUES AND POLICY INITIATIVES SIMILAR TO THOSE ADDRESSED IN
SUBSECTION
(3) OF THIS SECTION. THE TASK FORCE MAY DEVELOP
RELATIONSHIPS WITH OTHER TASK FORCES
, COMMITTEES, AND
ORGANIZATIONS TO LEVERAGE EFFICIENT POLICY
-MAKING OPPORTUNITIES
THROUGH COLLABORATIVE EFFORTS
.
(6) N
OTWITHSTANDING ANY PROVISION OF THIS SECTION , THE TASK
FORCE IS NOT REQUIRED TO MEET
, SUBMIT ANNUAL POLICY AND LEGISLATIVE
RECOMMENDATIONS
, OR SUBMIT AN ANNUAL REPORT TO THE COMMI TTEE
PAGE 14-SENATE BILL 22-021 DURING ANY INTERIM IN WHICH THE GENERAL ASSEMBLY HAS SUSPENDED
INTERIM COMMITTEE ACTIVITIES
.
18-1.9-105. Task force funding - staff support. (1) T
HE
LEGISLATIVE COUNCIL STAFF SHALL SUPPLY STAFF ASSISTANCE
, WITHIN
EXISTING APPROPRIATIONS
, TO THE TASK FORCE AS THE COMMITTEE DEEMS
APPROPRIATE
. IF EXISTING APPROPRIATIONS ARE NOT ADEQUATE TO SUPPLY
STAFF ASSISTANCE THROUGH THE LEGISLATIVE COUNCIL STAFF
, THE
DIRECTOR OF LEGISLATIVE COUNCIL STAFF SHALL REQUEST ADDITIONAL
NECESSARY FUNDING IN ITS ANNUAL BUDGET REQUEST
.
(2) T
HE DIVISION OF CRIMINAL JUSTICE IN THE DEPARTMENT OF
PUBLIC SAFETY
, THE OFFICE OF BEHAVIORAL HEALTH IN THE DEPARTMENT
OF HUMAN SERVICES
, AND ANY STATE DEPARTMENT OR AGENCY WITH AN
ACTIVE REPRESENTATIVE ON THE TASK FORCE ARE AUTHORIZED TO RECEIVE
AND EXPEND GIFTS
, GRANTS, AND DONATIONS, INCLUDING DONATIONS OF
IN
-KIND SERVICES FOR STAFF SUPPORT , FROM ANY PUBLIC OR PRIVATE
ENTITY FOR ANY DIRECT OR INDIRECT COSTS ASSOCIATED WITH THE DUTIES
OF THE TASK FORCE
.
18-1.9-106. Treatment of persons with behavioral health
disorders in the criminal and juvenile justice systems fund. (1) T
HE
TREATMENT OF PERSONS WITH BEHAVIORAL HEALTH DISORDERS IN THE
CRIMINAL AND JUVENILE JUSTICE SYSTEMS FUND
, REFERRED TO IN THIS
SECTION AS THE
"FUND", IS CREATED IN THE STATE TREASURY. THE FUND
CONSISTS OF MONEY APPROPRIATED OR TRANSFERRED TO THE FUND BY THE
GENERAL ASSEMBLY AND ANY PRIVATE AND PUBLIC FUNDS RECEIVED
THROUGH GIFTS
, GRANTS, OR DONATIONS FOR THE PURPOSE OF
IMPLEMENTING THE PROVISIONS OF THIS ARTICLE
1.9. MONEY IN THE FUND
IS SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY FOR THE
DIRECT AND INDIRECT COSTS ASSOCIATED WITH THE IMPLEMENTATION OF
THIS ARTICLE
1.9. MONEY IN THE FUND NOT EXPENDED FOR THE PURPOSE OF
IMPLEMENTING THIS ARTICLE
1.9 MAY BE INVESTED BY THE STATE
TREASURER AS PROVIDED BY LAW
. THE STATE TREASURER SHALL CREDIT
ALL INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT
OF MONEY IN THE FUND TO THE FUND
. THE STATE TREASURER SHALL
TRANSFER ALL UNEXPENDED AND UNENCUMBERED MONEY REMAINING IN
THE FUND AS OF
JULY 1, 2025, TO THE GENERAL FUND.
(2) T
HE CHAIR OF THE EXECUTIVE COMMITTEE OF THE LEGISLATIVE
PAGE 15-SENATE BILL 22-021 COUNCIL SHALL APPROVE ANY COMPENSATION PROVIDED FOR IN SECTIONS
18-1.9-103 (1)(g), 18-1.9-104 (2)(h), AND 18-1.9-105 FOR MEMBERS OF THE
GENERAL ASSEMBLY
, SPECIFIED MEMBERS OF THE TASK FORCE, AND STAFF
ASSISTANCE TO THE COMMITTEE AND TASK FORCE
, AS PROVIDED BY THE
DIRECTOR OF RESEARCH OF THE LEGISLATIVE COUNCIL AND THE DIRECTOR
OF THE OFFICE OF LEGISLATIVE LEGAL SERVICES
. COMPENSATION MUST BE
PAID BY VOUCHERS AND WARRANTS DRAWN AS PROVIDED BY LAW FROM
MONEY APPROPRIATED FOR SUCH PURPOSE AND ALLOCATED TO THE
EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL FROM THE FUND
.
18-1.9-107. Repeal of article. T
HIS ARTICLE 1.9 IS REPEALED,
EFFECTIVE JULY 1, 2027.
SECTION 2. Appropriation. (1) For the 2022-23 state fiscal year,
$108,131 is appropriated to the legislative department. This appropriation
is from the general fund. To implement this act, the department may use this
appropriation as follows:
(a) $29,541 for use by the general assembly;
(b) $60,255 for use by the legislative council, which amount is based
on an assumption that the legislative council will require an additional 0.8
FTE; and
(c) $18,335 for use by the office of legislative legal services, which
amount is based on an assumption that the office will require an additional
0.2 FTE.
SECTION 3. Safety clause. The general assembly hereby finds,
PAGE 16-SENATE BILL 22-021 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Alec Garnett
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 17-SENATE BILL 22-021