Second Regular Session Seventy-third General Assembly STATE OF COLORADO INTRODUCED LLS NO. 22-0148.01 Megan Waples x4348 SENATE BILL 22-231 Senate Committees House Committees Judiciary A BILL FOR AN ACT C ONCERNING PROGRAMS TO BUILD STATEWIDE CAPACITY TO ACCESS101 SUPPORTIVE HOUSING SERVICES , AND, IN CONNECTION102 THEREWITH, PROVIDING FOR PROGRAMS FOCUSED ON103 UNDERSERVED COMMUNITIES WITH A PREFERENCE FOR RURAL104 AND FRONTIER COMMUNITIES TO SERVE PEOPLE WITH105 BEHAVIORAL, MENTAL HEALTH, AND SUBSTANCE USE DISORDERS106 WHO HAVE CONTACT WITH THE JUSTICE SYSTEM .107 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/ .) SENATE SPONSORSHIP Lee, HOUSE SPONSORSHIP Amabile, 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. Legislative Oversight Committee Concerning the Treatment of Persons with Mental Health Disorders in the Criminal and Juvenile Justice Systems. The bill establishes and expands programs within the division of housing in the department of local affairs (division) to build the capacity of communities across the state to provide supportive housing services to individuals with behavioral, mental health, or substance use disorders who are homeless or at risk of becoming homeless and who have contact with the criminal or juvenile justice system, including: ! Expanding statewide training and technical assistance to help communities develop and implement supportive housing programs for individuals who have behavioral, mental health, or substance use disorders who are homeless or at risk of becoming homeless and who have contact with the criminal or juvenile justice system. The program must be targeted to communities that currently face barriers to accessing existing state and federal funding for supportive housing programs. ! Establishing a predevelopment grant program that provides funding to entities working to develop supportive housing interventions for individuals who have behavioral, mental health, or substance use disorders who are homeless or at risk of becoming homeless and who have contact with the criminal or juvenile justice system. The grant money can be used to add new or additional staff capacity to allow the development and implementation of such programs. The division is required to prioritize applicants that will serve rural or frontier communities and to provide hands-on technical assistance to grant recipients. The division is required to consult with the office of behavioral health in the department of human services in implementing the grant. ! Establishing a supportive housing services and homelessness prevention grant program. Grant money can be used to cover the costs of providing supportive housing services that are currently not eligible for reimbursement through the state's medical assistance program. It can also be used to fund homelessness prevention projects for individuals who have behavioral, mental health, or substance use disorders who are homeless or at risk of becoming homeless and who have contact with the criminal or juvenile justice system. The division is required to prioritize applicants that will serve rural or frontier communities and provide hands-on technical assistance to SB22-231 -2- grant recipients. The division is required to consult with the office of behavioral health in implementing the grant. ! Developing a plan to increase participation in regional homeless data systems, support accurate data reporting, and assess housing-related needs. The division must work with regional continuums of care to evaluate how to increase participation in data systems in communities across the state, identify technical needs and associated costs for doing so, and work with the office of behavioral health and other stakeholders to integrate or develop an integrated user interface for various data systems related to housing and supportive services. It must also enhance information about best practices and training materials available to communities across the state. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. Legislative declaration. (1) The general assembly2 hereby finds and declares that:3 (a) Colorado is experiencing a homelessness crisis. The 20204 point-in-time estimate of homelessness by the United States department5 of housing and urban development reported nearly ten thousand people6 experiencing homelessness in Colorado. According to the Colorado7 department of education, over twenty-one thousand students in Colorado8 schools experienced homelessness at some point during the 2019-209 school year. Even more Colorado residents lack stable housing and are on10 the verge of homelessness.11 (b) The experience of homelessness can be both a cause and a12 consequence of mental illness, including substance use disorders, and13 incarceration and is intricately related to both issues. The intersection of14 homelessness, mental illness, and contact with the criminal justice system15 is extremely costly to communities both in terms of the financial burdens16 and the humanitarian toll it imposes on individuals and their communities.17 SB22-231-3- These impacts are particularly acute in communities that have a shortage1 of behavioral and mental health care providers and services.2 (c) According to a 2018 study of homelessness in Colorado jails3 by the Colorado department of public safety, eighty percent of4 respondents across facilities reported experiencing homelessness in the5 year prior, and nearly forty percent reported that they will be homeless6 after their release from jail;7 (d) Of the respondents experiencing homelessness, over sixty8 percent reported needing mental health treatment, compared with9 forty-five percent of nonhomeless respondents;10 (e) Similarly, the Colorado department of corrections reported in11 2017 that over seventy-eight percent of the female inmate population and12 over forty-three percent of the male inmate population had moderate to13 severe mental health needs, and the Colorado department of adult parole14 reported in 2019 that over one thousand individuals were paroling to15 "unsheltered homelessness" or to "short term, temporary housing";16 (f) Studies also show that being homeless is linked to sustained17 deterioration of mental and physical health and that homelessness can be18 both a cause and a consequence of having a criminal record;19 (g) Safe and stable housing is a foundation for individuals to20 engage in the process of reentry from the criminal justice system, and21 provides a base from which individuals can seek employment, focus on22 treatment, establish a social network, and comply with community23 supervision;24 (h) Supportive housing programs combine affordable housing25 with access to supportive services tailored to an individual's needs,26 including, for example, in-reach and outreach, housing search and27 SB22-231 -4- counseling support, engagement, vocational or occupational training,1 clinical services, support with daily living activities, and other ongoing2 supports. Supportive housing can reduce the cycling of individuals with3 behavioral or mental health disorders, including substance use disorders,4 between prison, jail, homelessness, and other public services.5 (i) Colorado has made significant investments in nationally6 recognized housing best practices, including supportive housing;7 (j) Unfortunately, not all communities across the state are able to8 take advantage of the available state and federal funding for supportive9 housing services due to various barriers;10 (k) While the department of health care policy and financing has11 limited funds for supportive services, current restrictions do not allow the12 department to cover all the services needed to secure and maintain13 housing, and it is unable to reimburse nonclinical providers for providing14 those services;15 (l) As a result, communities are not able to provide sustainable,16 long-term services to the most vulnerable individuals to keep them safely17 housed; and18 (m) Many communities, particularly in rural and frontier areas, do19 not have nonprofit organizations experienced in applying for grants and20 implementing supportive housing programs, do not have the21 programmatic or staff capacity to do so, and need technical assistance to22 develop evidence-based, innovative solutions that are scaled and tailored23 to their specific community needs.24 (2) The general assembly further finds and declares that it is25 therefore in Colorado's best interest to provide assistance and create26 opportunities for communities across the state that are currently unable27 SB22-231 -5- to access federal and state housing and supportive service funds through1 training, technical assistance, and grant funding to support the2 development and implementation of supportive housing and homelessness3 prevention services for individuals with behavioral, mental health, and4 substance use disorders who have been involved with or are at risk of5 falling into the criminal or juvenile justice system.6 SECTION 2. In Colorado Revised Statutes, add 24-32-726,7 24-32-727, 24-32-728, and 24-32-729 as follows:8 24-32-726. Training and technical assistance for supportive9 housing - report - definition. (1) O N OR BEFORE JANUARY 1, 2023, THE10 DIVISION SHALL EXPAND STATEWIDE TECHNICAL ASSISTANCE TO ASSIST11 COMMUNITIES IN DEVELOPING SUPPORTIVE HOUSING INTERVENTIONS THAT12 CAN SERVE PERSONS WITH BEHAVIORAL , MENTAL HEALTH, OR SUBSTANCE13 USE DISORDERS. THE PROGRAM MUST:14 (a) P ROVIDE TRAINING, EDUCATION, AND ASSISTANCE TO ENTITIES15 INTERESTED IN ADDRESSING HOMELESSNESS AMONG PERSONS WITH16 BEHAVIORAL, MENTAL HEALTH , OR SUBSTANCE USE DISORDERS ,17 INCLUDING HOMELESS SERVICE PROVIDERS , LAW ENFORCEMENT AGENCIES,18 FIRST RESPONDERS, REENTRY PROGRAMS, MUNICIPAL COURT PROGRAMS ,19 AND OTHER ORGANIZATIONS ;20 (b) P ROVIDE PROGRAMMING THAT IS SPECIFICALLY TARGETED TO21 COMMUNITIES THAT FACE BARRIERS TO ACCESSING EXISTING STATE AND22 FEDERAL FUNDS FOR HOUSING AND SUPPORTIVE SERVICES , INCLUDING23 RURAL COMMUNITIES; AND24 (c) F OCUS ON BUILDING THE CAPACITY FOR COMMUNITIES TO :25 (I) D EVELOP THEIR KNOWLEDGE OF SUPPORTIVE HOUSING26 INTERVENTIONS IN THEIR REGION;27 SB22-231 -6- (II) LEVERAGE EXISTING STATE AND FEDERAL FUNDING SOURCES1 FOR HOUSING AND SUPPORTIVE SERVICES ;2 (III) E NGAGE AND RECRUIT LANDLORDS TO PARTICIPATE IN3 SUPPORTIVE HOUSING PROGRAMS ;4 (IV) P ROVIDE LANDLORD-TENANT RELATIONSHIP SUPPORT ;5 (V) A CCESS AND USE RELEVANT DATA SYSTEMS AND SERVICES ,6 INCLUDING USING THE COLORADO HOMELESS MANAGEMENT INFORMATION7 SYSTEM AND THE COORDINATED ASSESSMENT SYSTEM DEVELOPED BY8 CONTINUUMS OF CARE IN ACCORDANCE WITH 24 CFR 578.7 OR ANY9 SUCCESSOR SYSTEMS, AND PARTICIPATING IN THE STATE MEDICAL10 ASSISTANCE PROGRAM DESCRIBED IN ARTICLES 4, 5, AND 6 OF TITLE 25.5;11 AND12 (VI) D EVELOP, IMPLEMENT, AND EVALUATE SUPPORTIVE HOUSING13 PROGRAM SERVICES USING EVIDENCE -BASED, INNOVATIVE APPROACHES,14 INCLUDING PROGRAMS TO PREVENT HOMELESSNESS AMONG PERSONS WITH15 BEHAVIORAL, MENTAL HEALTH, OR SUBSTANCE USE DISORDERS WHO HAVE16 CONTACT WITH THE CRIMINAL OR JUVENILE JUSTICE SYSTEM .17 (2) O N OR BEFORE DECEMBER 1, 2023, AND ON OR BEFORE18 D ECEMBER 1 EACH YEAR THEREAFTER, THE DIVISION SHALL SUBMIT A19 REPORT ON THE TRAINING PROGRAM REQUIRED BY THIS SECTION TO THE20 LEGISLATIVE OVERSIGHT COMMITTEE CONCERNING THE TREATMENT OF21 PERSONS WITH MENTAL HEALTH DISORDERS IN THE CRIMINAL AND22 JUVENILE JUSTICE SYSTEMS, OR ANY SUCCESSOR COMMITTEE, AND TO THE23 ADVISORY TASK FORCE TO THAT COMMITTEE . NOTWITHSTANDING THE24 REQUIREMENT IN SECTION 24-1-136 (11)(a)(I), THE REQUIREMENT TO25 SUBMIT THE REPORT REQUIRED BY THIS SECTION CONTINUES INDEFINITELY .26 24-32-727. Supportive housing predevelopment grant27 SB22-231 -7- program - created - rules - report - definitions - repeal. (1) A S USED1 IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :2 (a) "E XECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF3 THE DEPARTMENT OF LOCAL AFFAIRS .4 (b) "F UND" MEANS THE HOUSING ASSISTANCE FOR PERSONS5 TRANSITIONING FROM THE CRIMINAL OR JUVENILE JUSTICE SYSTEM CASH6 FUND CREATED IN SECTION 24-32-721 (4)(d).7 (c) "G RANT PROGRAM" MEANS THE SUPPORTIVE HOUSING8 PREDEVELOPMENT GRANT PROGRAM ESTABLISHED IN THIS SECTION .9 (d) "O FFICE OF BEHAVIORAL HEALTH " MEANS THE OFFICE OF10 BEHAVIORAL HEALTH IN THE DEPARTMENT OF HUMAN SERVICES .11 (2) T HERE IS HEREBY CREATED IN THE DIVISION THE SUPPORTIVE12 HOUSING PREDEVELOPMENT GRANT PROGRAM TO PROVIDE GRANTS TO13 ENTITIES WORKING TO DEVELOP SUPPORTIVE HOUSING INTERVENTIONS14 THAT WILL SERVE PERSONS WITH BEHAVIORAL , MENTAL HEALTH, OR15 SUBSTANCE USE DISORDERS WHO ARE HOMELESS OR AT RISK OF BECOMING16 HOMELESS AND WHO HAVE CONTACT WITH THE CRIMINAL OR JUVENILE17 JUSTICE SYSTEM.18 (3) (a) G RANT RECIPIENTS MAY USE THE MONEY RECEIVED19 THROUGH THE GRANT PROGRAM TO COVER COSTS ASSOCIATED WITH THE20 DEVELOPMENT AND IMPLEMENTATION OF AN EVIDENCE -BASED21 SUPPORTIVE HOUSING PROGRAM THAT WILL SERVE PERSONS WITH22 BEHAVIORAL, MENTAL HEALTH, OR SUBSTANCE USE DISORDERS IN THE23 COMMUNITY WHO ARE HOMELESS OR AT RISK OF BECOMING HOMELESS24 AND WHO HAVE CONTACT WITH THE CRIMINAL OR JUVENILE JUSTICE25 SYSTEM, INCLUDING BY CREATING NEW OR ADDITIONAL STAFF CAPACITY26 TO DEVELOP, SUPPORT, AND EVALUATE A SUPPORTIVE HOUSING PROGRAM .27 SB22-231 -8- (b) THE DIVISION, IN CONSULTATION WITH THE OFFICE OF1 BEHAVIORAL HEALTH, SHALL PROVIDE INTENSIVE, HANDS-ON TECHNICAL2 ASSISTANCE TO GRANT RECIPIENTS DURING THE IMPLEMENTATION OF THE3 GRANTS.4 (4) T HE DIVISION SHALL ADMINISTER THE GRANT PROGRAM AND ,5 SUBJECT TO AVAILABLE APPROPRIATIONS , SHALL AWARD GRANTS AS6 PROVIDED IN THIS SECTION. SUBJECT TO AVAILABLE APPROPRIATIONS ,7 GRANTS SHALL BE PAID OUT OF THE FUND .8 (5) T HE DIVISION SHALL DEVELOP AND PUBLISH POLICIES AND9 PROCEDURES IN CONSULTATION WITH THE OFFICE OF BEHAVIORAL HEALTH10 AND COMMUNITY STAKEHOLDERS TO IMPLEMENT THE GRANT PROGRAM IN11 ACCORDANCE WITH THIS SECTION . AT A MINIMUM, THE POLICIES AND12 PROCEDURES MUST SPECIFY THE TIME FRAMES FOR APPLYING FOR GRANTS ,13 THE FORM OF THE GRANT PROGRAM APPLICATION , AND THE PROGRAM14 EVALUATION AND REPORTING REQUIREMENTS FOR GRANT RECIPIENTS .15 (6) T O BE ELIGIBLE TO RECEIVE A GRANT FROM THE GRANT16 PROGRAM, AN ENTITY MUST:17 (a) B E AN AGENCY OF LOCAL GOVERNMENT , A SPECIAL DISTRICT,18 A TRIBAL AGENCY OR PROGRAM , A FAITH-BASED ORGANIZATION, OR A19 NONPROFIT OR NOT-FOR-PROFIT ORGANIZATION THAT IS REGISTERED AND20 IN GOOD STANDING WITH THE COLORADO SECRETARY OF STATE 'S OFFICE;21 (b) D EMONSTRATE PROFICIENCY IN THE AREAS DESCRIBED IN22 SECTION 24-32-726 (1)(c); AND23 (c) S ATISFY ANY ADDITIONAL CRITERIA AS SET FORTH IN THE24 DIVISION'S POLICIES AND PROCEDURES.25 (7) (a) T HE DIVISION SHALL REVIEW THE APPLICATIONS RECEIVED26 PURSUANT TO THIS SECTION. TO BE ELIGIBLE TO RECEIVE A GRANT, THE27 SB22-231 -9- APPLICATION MUST ESTABLISH:1 (I) T HE COMMUNITY'S NEED FOR ASSISTANCE IN OVERCOMING2 BARRIERS TO ACCESSING EXISTING FUNDS FOR SUPPORTIVE HOUSING3 PROGRAMS THAT SERVE PERSONS WITH BEHAVIORAL , MENTAL HEALTH, OR4 SUBSTANCE USE DISORDERS WHO ARE HOMELESS OR AT RISK OF BECOMING5 HOMELESS AND WHO HAVE CONTACT WITH THE CRIMINAL OR JUVENILE6 JUSTICE SYSTEM;7 (II) T HE COMMUNITY 'S POPULATION OF PERSONS WITH8 BEHAVIORAL, MENTAL HEALTH, OR SUBSTANCE USE DISORDERS WHO HAVE9 HAD CONTACT WITH THE CRIMINAL OR JUVENILE JUSTICE SYSTEM IN THE10 PREVIOUS TWELVE MONTHS AND ARE HOMELESS , IN UNSTABLE HOUSING11 ENVIRONMENTS, OR IN TRANSITION FROM INSTITUTIONS , AND THE12 COMMUNITY'S NEED AND INTENTION TO BUILD ITS CAPACITY TO SUPPORT13 THOSE INDIVIDUALS; AND14 (III) A NY ADDITIONAL CRITERIA SET FORTH IN THE DIVISION 'S15 POLICIES AND PROCEDURES.16 (b) T HE DIVISION SHALL PRIORITIZE APPLICATIONS FROM ENTITIES17 THAT PROVIDE SERVICES OR PLAN TO PROVIDE SERVICES TO PERSONS WITH18 SEVERE AND PERSISTENT MENTAL ILLNESS OR TO RURAL OR FRONTIER19 COMMUNITIES.20 (c) T HE DIVISION SHALL CONSULT WITH THE OFFICE OF21 BEHAVIORAL HEALTH IN REVIEWING AND EVALUATING GRANT22 APPLICATIONS.23 (8) G RANT AWARDS ARE IN THE SOLE DISCRETION OF THE24 EXECUTIVE DIRECTOR IN ACCORDANCE WITH THIS SECTION .25 (9) S UBJECT TO AVAILABLE APPROPRIATIONS , ON OR BEFORE26 J ANUARY 1, 2023, AND ON OR BEFORE JANUARY 1 OF THE SUCCEEDING27 SB22-231 -10- TWO YEARS, THE EXECUTIVE DIRECTOR SHALL AWARD GRANTS IN1 ACCORDANCE WITH THIS SECTION .2 (10) I N THE COURSE OF ADMINISTERING THE GRANT PROGRAM , THE3 DIVISION SHALL SHARE INFORMATION AND COLLABORATE WITH THE OFFICE4 OF BEHAVIORAL HEALTH TO IDENTIFY BE HAVIORAL HEALTH SERVICE GAPS5 IN THE STATE THAT AFFECT THE ABILITY OF COMMUNITIES TO ACCESS6 EXISTING FUNDS FOR SUPPORTIVE HOUSING PROGRAMS .7 (11) O N OR BEFORE DECEMBER 1, 2023, AND ON OR BEFORE8 D ECEMBER 1 EACH YEAR THEREAFTER, THE DIVISION SHALL SUBMIT A9 REPORT ON THE GRANT PROGRAM TO THE LEGISLATIVE OVERSIGHT10 COMMITTEE CONCERNING THE TREATMENT OF PERSONS WITH MENTAL11 HEALTH DISORDERS IN THE CRIMINAL AND JUVENILE JUSTICE SYSTEMS , OR12 ANY SUCCESSOR COMMITTEE , AND TO THE ADVISORY TASK FORCE TO THAT13 COMMITTEE. NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE14 REPORTING REQUIREMENTS SET FORTH IN THIS SECTION CONTINUE UNTIL15 THE GRANT PROGRAM REPEALS PURSUANT TO SUBSECTION (13) OF THIS16 SECTION.17 (12) T HE GENERAL ASSEMBLY SHALL APPROPRIATE MONEY FROM18 THE GENERAL FUND OR THE MARIJUANA TAX CASH FUND CREATED IN19 SECTION 39-28.8-501 TO THE FUND IN ACCORDANCE WITH SECTION20 24-32-721 TO IMPLEMENT THE GRANT PROGRAM . FOR ANY GIVEN STATE21 FISCAL YEAR, NO MORE THAN THREE PERCENT OF THE MONEY22 APPROPRIATED FROM THE FUND FOR THE GRANT PROGRAM MAY BE23 EXPENDED FOR THE ADMINISTRATIVE COSTS OF THE DIVISION IN24 ADMINISTERING THE GRANT PROGRAM .25 (13) T HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2027.26 B EFORE THE REPEAL, THIS SECTION IS SCHEDULED FOR REVIEW IN27 SB22-231 -11- ACCORDANCE WITH SECTION 24-34-104.1 24-32-728. Supportive housing services and homelessness2 prevention grant program - created - rules - report - definitions -3 repeal. (1) A S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE4 REQUIRES:5 (a) "C ONTINUUM OF CARE" HAS THE SAME MEANING AS SET FORTH6 IN 24 CFR 578.3.7 (b) "E XECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF8 THE DEPARTMENT OF LOCAL AFFAIRS .9 (c) "F UND" MEANS THE HOUSING ASSISTANCE FOR PERSONS10 TRANSITIONING FROM THE CRIMINAL OR JUVENILE JUSTICE SYSTEM CASH11 FUND CREATED IN SECTION 24-32-721 (4)(d).12 (d) "G RANT PROGRAM" MEANS THE SUPPORTIVE HOUSING13 SERVICES AND HOMELESSNESS PREVENTION GRANT PROGRAM14 ESTABLISHED IN THIS SECTION.15 (e) "O FFICE OF BEHAVIORAL HEALTH " MEANS THE OFFICE OF16 BEHAVIORAL HEALTH IN THE DEPARTMENT OF HUMAN SERVICES .17 (f) "S TATE MEDICAL ASSISTANCE PROGRAM " MEANS THE PROGRAM18 OF MEDICAL ASSISTANCE DESCRIBED IN ARTICLES 4, 5, AND 6 OF TITLE19 25.5.20 (g) "S UPPORTIVE HOUSING SERVICES " INCLUDES SERVICES21 INTENDED TO ALLOW A PERSON WITH A BEHAVIORAL , MENTAL HEALTH, OR22 SUBSTANCE USE DISORDER TO SECURE AND RETAIN STABLE HOUSING .23 (2) T HERE IS HEREBY CREATED IN THE DIVISION THE SUPPORTIVE24 HOUSING SERVICES AND HOMELESSNESS PREVENTION GRANT PROGRAM TO25 PROVIDE GRANTS TO COMMUNITIES PROVIDING SUPPORTIVE HOUSING26 SERVICES AND HOMELESSNESS PREVENTION PROGRAMS INTENDED TO KEEP27 SB22-231 -12- PERSONS WITH BEHAVIORAL , MENTAL HEALTH, OR SUBSTANCE USE1 DISORDERS HOUSED.2 (3) G RANT RECIPIENTS MAY USE THE MONEY RECEIVED THROUGH3 THE GRANT PROGRAM TO:4 (a) D EVELOP AND IMPLEMENT EVIDENCE -BASED PROGRAMS5 INTENDED TO PREVENT HOMELESSNESS AMONG PERSONS WITH6 BEHAVIORAL, MENTAL HEALTH, OR SUBSTANCE USE DISORDERS IN THE7 COMMUNITY WHO HAVE CONTACT WITH THE CRIMINAL OR JUVENILE8 JUSTICE SYSTEM; OR9 (b) C OVER THE COSTS OF PROVIDING SUPPORTIVE HOUSING10 SERVICES TO PERSONS WITH BEHAVIORAL , MENTAL HEALTH , OR11 SUBSTANCE USE DISORDERS WHO ARE HOMELESS OR AT RISK OF BECOMING12 HOMELESS AND WHO HAVE CONTACT WITH THE CRIMINAL OR JUVENILE13 JUSTICE SYSTEM, IF:14 (I) T HE PERSON OR ENTITY PROVIDING THE SERVICE IS NOT15 CURRENTLY ABLE TO BILL THE STATE MEDICAL ASSISTANCE PROGRAM FOR16 SUPPORTIVE HOUSING SERVICES AND IS IN THE PROCESS OF BECOMING17 AUTHORIZED TO BILL THE PROGRAM FOR THOSE SERVICES OR IS18 ESTABLISHING A RELATIONSHIP WITH A REGIONAL ACCOUNTABLE ENTITY19 OR SUCCESSOR ORGANIZATION ; OR20 (II) T HE SUPPORTIVE HOUSING SERVICE BEING PROVIDED IS NOT21 CURRENTLY ELIGIBLE FOR REIMBURSEMENT UNDER THE STATE MEDICAL22 ASSISTANCE PROGRAM.23 (4) T HE DIVISION, IN CONSULTATION WITH THE OFFICE OF24 BEHAVIORAL HEALTH, SHALL PROVIDE INTENSIVE, HANDS-ON TECHNICAL25 ASSISTANCE TO GRANT RECIPIENTS DURING THE IMPLEMENTATION OF THE26 GRANTS.27 SB22-231 -13- (5) TO SUPPORT THE IMPLEMENTATION OF GRANTS UNDER THIS1 SECTION, EXPAND THE PROVISION OF SUPPORTIVE HOUSING SERVICES , AND2 ALLOW INDIVIDUALS SERVED BY THE GRANT PROGRAM TO RECEIVE3 SUPPORTIVE HOUSING SERVICES ON A LONG -TERM SUSTAINABLE BASIS,4 THE DIVISION, THE OFFICE OF BEHAVIORAL HEALTH, AND THE DEPARTMENT5 OF HEALTH CARE POLICY AND FINANCING SHALL COLLABORATE ON AN6 ONGOING BASIS TO IDENTIFY ADDITIONAL PROVIDERS AND SERVICES THAT7 COULD BE ELIGIBLE FOR REIMBURSEMENT UNDER THE STATE MEDICAL8 ASSISTANCE PROGRAM. THE DEPARTMENT OF HEALTH CARE POLICY AND9 FINANCING SHALL SUBMIT TO THE FEDERAL CENTERS FOR MEDICARE AND10 MEDICAID SERVICES AN AMENDMENT TO THE STATE MEDICAL ASSISTANCE11 PLAN AND SHALL REQUEST ANY NECESSARY WAIVERS FROM THE12 SECRETARY OF THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN13 SERVICES TO ALLOW SUCH ADDITIONAL REIMBURSEMENTS AS IDENTIFIED14 IN ACCORDANCE WITH THIS SUBSECTION (5).15 (6) T HE DIVISION SHALL ADMINISTER THE GRANT PROGRAM AND ,16 SUBJECT TO AVAILABLE APPROPRIATIONS , SHALL AWARD GRANTS AS17 PROVIDED IN THIS SECTION. SUBJECT TO AVAILABLE APPROPRIATIONS ,18 GRANTS SHALL BE PAID OUT OF THE FUND .19 (7) T HE DIVISION SHALL DEVELOP AND PUBLISH POLICIES AND20 PROCEDURES IN CONSULTATION WITH THE OFFICE OF BEHAVIORAL HEALTH21 AND COMMUNITY STAKEHOLDERS TO IMPLEMENT THE GRANT PROGRAM IN22 ACCORDANCE WITH THIS SECTION . AT A MINIMUM, THE POLICIES AND23 PROCEDURES MUST SPECIFY THE TIME FRAMES FOR APPLYING FOR GRANTS ,24 THE FORM OF THE GRANT PROGRAM APPLICATION , AND THE PROGRAM25 EVALUATION AND REPORTING REQUIREMENTS FOR GRANT RECIPIENTS .26 (8) T O BE ELIGIBLE TO RECEIVE A GRANT FROM THE GRANT27 SB22-231 -14- PROGRAM, AN ENTITY MUST:1 (a) B E AN AGENCY OF LOCAL GOVERNMENT , A SPECIAL DISTRICT,2 A TRIBAL AGENCY OR PROGRAM , A FAITH-BASED ORGANIZATION, OR A3 NONPROFIT OR NOT-FOR-PROFIT ORGANIZATION THAT IS REGISTERED AND4 IN GOOD STANDING WITH THE COLORADO SECRETARY OF STATE 'S OFFICE;5 (b) D EMONSTRATE A PLAN FOR COLLABORATION WITH A REGIONAL6 ACCOUNTABLE ENTITY OR SUCCESSOR ORGANIZATION ;7 (c) D EMONSTRATE PROFICIENCY IN THE AREAS DESCRIBED IN8 SECTION 24-32-726 (1)(c); AND9 (d) S ATISFY ANY ADDITIONAL CRITERIA AS SET FORTH IN THE10 DIVISION'S POLICIES AND PROCEDURES.11 (9) (a) T HE DIVISION SHALL REVIEW THE APPLICATIONS RECEIVED12 PURSUANT TO THIS SECTION. TO BE ELIGIBLE TO RECEIVE A GRANT, THE13 APPLICATION MUST ESTABLISH:14 (I) T HE COMMUNITY'S NEED FOR ASSISTANCE IN OVERCOMING15 BARRIERS TO ACCESSING EXISTING FUNDS FOR SUPPORTIVE HOUSING16 PROGRAMS THAT SERVE PERSONS WITH BEHAVIORAL , MENTAL HEALTH, OR17 SUBSTANCE USE DISORDERS WHO ARE HOMELESS OR AT RISK OF BECOMING18 HOMELESS AND WHO HAVE CONTACT WITH THE CRIMINAL OR JUVENILE19 JUSTICE SYSTEM;20 (II) T HE COMMUNITY 'S POPULATION OF PERSONS WITH21 BEHAVIORAL, MENTAL HEALTH, OR SUBSTANCE USE DISORDERS WHO HAVE22 HAD CONTACT WITH THE CRIMINAL OR JUVENILE JUSTICE SYSTEM IN THE23 PREVIOUS TWELVE MONTHS AND ARE HOMELESS , IN UNSTABLE HOUSING24 ENVIRONMENTS, OR IN TRANSITION FROM INSTITUTIONS , AND THE25 COMMUNITY'S NEED AND INTENTION TO BUILD ITS CAPACITY TO SUPPORT26 THOSE INDIVIDUALS; AND27 SB22-231 -15- (III) ANY ADDITIONAL CRITERIA SET FORTH IN THE DIVISION 'S1 POLICIES AND PROCEDURES.2 (b) T HE DIVISION SHALL PRIORITIZE APPLICATIONS FROM ENTITIES3 THAT PROVIDE SERVICES OR PLAN TO PROVIDE SERVICES TO PERSONS WITH4 SEVERE AND PERSISTENT MENTAL ILLNESS OR TO RURAL OR FRONTIER5 COMMUNITIES.6 (c) T HE DIVISION SHALL CONSULT WITH THE OFFICE OF7 BEHAVIORAL HEALTH IN REVIEWING AND EVALUATING GRANT8 APPLICATIONS.9 (10) A S A CONDITION OF RECEIVING A GRANT , ALL GRANT10 RECIPIENTS SHALL:11 (a) P ARTICIPATE IN DIVISION TRAININGS, TECHNICAL ASSISTANCE,12 AND REPORTING REQUIREMENTS ; AND13 (b) A S APPROPRIATE FOR THE PROGRAM BEING FUNDED AND TO14 THE EXTENT POSSIBLE UNDER STATE AND FEDERAL LAW , USE OR15 PARTICIPATE IN THE COLORADO HOMELESS MANAGEMENT INFORMATION16 SYSTEM AND THE COORDINATED ENTRY SYSTEM DEVELOPED BY17 CONTINUUMS OF CARE OR ANY SUCCESSOR SYSTEMS , THE STATE MEDICAL18 ASSISTANCE PROGRAM, AND EXISTING HOUSING VOUCHER PROGRAMS .19 (11) G RANT AWARDS ARE IN THE SOLE DISCRETION OF THE20 EXECUTIVE DIRECTOR IN ACCORDANCE WITH THIS SECTION .21 (12) S UBJECT TO AVAILABLE APPROPRIATIONS , ON OR BEFORE22 J ANUARY 1, 2024, AND ON OR BEFORE JANUARY 1 OF THE SUCCEEDING23 TWO YEARS, THE EXECUTIVE DIRECTOR SHALL AWARD GRANTS IN24 ACCORDANCE WITH THIS SECTION .25 (13) O N OR BEFORE DECEMBER 1, 2024, AND ON OR BEFORE26 D ECEMBER1 OF EACH YEAR THEREAFTER, THE DIVISION SHALL SUBMIT A27 SB22-231 -16- REPORT ON THE GRANT PROGRAM TO THE LEGISLATIVE OVERSIGHT1 COMMITTEE CONCERNING THE TREATMENT OF PERSONS WITH MENTAL2 HEALTH DISORDERS IN THE CRIMINAL AND JUVENILE JUSTICE SYSTEMS , OR3 ANY SUCCESSOR COMMITTEE , AND TO THE ADVISORY TASK FORCE TO THE4 COMMITTEE. NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE5 REPORTING REQUIREMENTS SET FORTH IN THIS SECTION CONTINUE UNTIL6 THE GRANT PROGRAM REPEALS PURSUANT TO SUBSECTION (15) OF THIS7 SECTION.8 (14) T HE GENERAL ASSEMBLY SHALL APPROPRIATE MONEY FROM9 THE GENERAL FUND OR THE MARIJUANA TAX CASH FUND CREATED IN10 SECTION 39-28.8-501 TO THE FUND IN ACCORDANCE WITH SECTION11 24-32-721 TO IMPLEMENT THE GRANT PROGRAM . FOR ANY GIVEN STATE12 FISCAL YEAR, NO MORE THAN THREE PERCENT OF THE MONEY13 APPROPRIATED FROM THE FUND FOR THE GRANT PROGRAM MAY BE14 EXPENDED FOR THE ADMINISTRATIVE COSTS OF THE DIVISION IN15 ADMINISTERING THE GRANT PROGRAM .16 (15) T HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2029.17 B EFORE THE REPEAL, THIS SECTION IS SCHEDULED FOR REVIEW IN18 ACCORDANCE WITH SECTION 24-34-104.19 24-32-729. Data integration and resource collection related to20 homelessness. (1) T HE DIVISION SHALL DEVELOP A PLAN TO INCREASE21 PARTICIPATION IN REGIONAL HOMELESS DATA SYSTEMS , SUPPORT22 ACCURATE DATA REPORTING BY PARTICIPANTS , AND ASSESS23 HOUSING-RELATED NEEDS FOR PERSONS WITH BEHAVIORAL , MENTAL24 HEALTH, OR SUBSTANCE USE DISORDERS. IN DEVELOPING THE PLAN, THE25 DIVISION MUST:26 (a) I N CONSULTATION WITH THE CONTINUUMS OF CARE , EVALUATE27 SB22-231 -17- HOW TO INCREASE STATEWIDE USE OF THE COLORADO HOMELESS1 MANAGEMENT INFORMATION SYSTEM AND THE COORDINATED ENTRY2 SYSTEM DEVELOPED BY CONTINUUMS OF CARE IN ACCORDANCE WITH 243 CFR 578.7 IN ORDER TO BETTER TRACK POPULATIONS IN NEED ,4 INCLUDING:5 (I) I DENTIFYING THE TECHNICAL NEEDS AND ASSOCIATED COSTS6 FOR INCREASING USE AND SUPPORT OF THE DATA SYSTEMS ACROSS THE7 STATE;8 (II) P ROVIDING TECHNICAL ASSISTANCE AND TRAINING TO LOCAL9 COMMUNITIES TO ALLOW THEM TO CONNECT TO AND USE THE DATA10 SYSTEMS EFFECTIVELY; AND11 (III) W ORKING WITH LOCAL COMMUNITIES TO IDENTIFY WAYS TO12 USE THE DATA SYSTEMS TO INCREASE PROGRAM EFFECTIVENESS AND13 CONDUCT PROGRAM EVALUATIONS ;14 (b) I N COORDINATION WITH THE OFFICE OF BEHAVIORAL HEALTH15 IN THE DEPARTMENT OF HUMAN SERVICES , WORK WITH LOCAL16 COMMUNITIES, STATE AGENCIES, CONTINUUMS OF CARE , SERVICE17 DELIVERY ORGANIZATIONS, AND OTHER STAKEHOLDERS TO INTEGRATE OR18 DEVELOP AN INTEGRATED USER INTERFACE FOR DATA SYSTEMS RELATED19 TO HOUSING AND SUPPORTIVE SERVICES , INCLUDING THE COLORADO20 HOMELESS MANAGEMENT INFORMATION SYSTEM , THE COORDINATED21 ENTRY SYSTEM, THE BEHAVIORAL HEALTH CAPACITY TRACKING SYSTEM22 CREATED IN SECTION 27-60-104.5, AND THE COLORADO 2-1-123 COLLABORATIVE, AND ANY SUCCESSOR SYSTEMS ; AND24 (c) E NHANCE INFORMATION RELATED TO SUPPORTIVE HOUSING25 BEST PRACTICES, TRAININGS, AND RESOURCES THAT CAN BE ACCESSED26 STATEWIDE.27 SB22-231 -18- SECTION 3. In Colorado Revised Statutes, 24-32-721, amend1 (4)(c) as follows:2 24-32-721. Colorado affordable housing construction grants3 and loans - housing development grant fund - creation - housing4 assistance for persons with behavioral, mental health, or substance5 use disorders - cash fund - appropriation - report to general assembly6 - rules - definitions - repeal. (4) (c) In addition to any other uses7 specified in this section, the division shall also:8 (I) Provide grants or loans for the acquisition, construction, or9 rehabilitation of rental housing for persons with behavioral or mental10 health disorders; AND11 (II) I MPLEMENT THE GRANT PROGRAMS CREATED IN SECTIONS12 24-32-727 AND 24-32-728.13 SECTION 4. In Colorado Revised Statutes, 24-34-104, add14 (28)(a)(VII) and (30)(a)(VII) as follows:15 24-34-104. General assembly review of regulatory agencies16 and functions for repeal, continuation, or reestablishment - legislative17 declaration - repeal. (28) (a) The following agencies, functions, or both,18 are scheduled for repeal on September 1, 2027:19 (VII) T HE SUPPORTIVE HOUSING PREDEVELOPMENT GRANT20 PROGRAM CREATED IN SECTION 24-32-727.21 (30) (a) The following agencies, functions, or both, are scheduled22 for repeal on September 1, 2029:23 (VII) T HE SUPPORTIVE HOUSING SERVICES AND HOMELESSNESS24 PREVENTION GRANT PROGRAM CREATED IN SECTION 24-32-728.25 SECTION 5. Act subject to petition - effective date. This act26 takes effect at 12:01 a.m. on the day following the expiration of the27 SB22-231 -19- ninety-day period after final adjournment of the general assembly; except1 that, if a referendum petition is filed pursuant to section 1 (3) of article V2 of the state constitution against this act or an item, section, or part of this3 act within such period, then the act, item, section, or part will not take4 effect unless approved by the people at the general election to be held in5 November 2022 and, in such case, will take effect on the date of the6 official declaration of the vote thereon by the governor.7 SB22-231 -20-