Colorado 2022 Regular Session

Colorado Senate Bill SB231 Latest Draft

Bill / Introduced Version Filed 04/26/2022

                            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-