First Regular Session Seventy-fourth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO. 23-0162.03 Jacob Baus x2173 HOUSE BILL 23-1013 House Committees Senate Committees Judiciary Judiciary Appropriations Appropriations A BILL FOR AN ACT C ONCERNING MEASURES TO REGULA TE THE USE OF RESTRICTIVE101 PRACTICES ON INDIVIDUALS IN CORRECTIONAL FACILITIES , AND, 102 IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .103 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/ .) Legislative Oversight Committee Concerning the Treatment of Persons with Behavioral Health Disorders in the Criminal and Juvenile Justice Systems. The bill prohibits the use of a clinical restraint on an individual, unless: ! The use is to prevent the individual from committing SENATE 3rd Reading Unamended May 3, 2023 SENATE Amended 2nd Reading May 2, 2023 HOUSE 3rd Reading Unamended April 24, 2023 HOUSE Amended 2nd Reading April 21, 2023 HOUSE SPONSORSHIP Amabile, , Bacon, Bird, Boesenecker, Brown, deGruy Kennedy, Dickson, Froelich, Gonzales-Gutierrez, Herod, Jodeh, Lindsay, Lindstedt, Mabrey, McCluskie, Michaelson Jenet, Ortiz, Parenti, Sharbini, Sirota, Snyder, Story, Velasco, Weissman, Willford, Woodrow, Young SENATE SPONSORSHIP Fields and Rodriguez, Buckner, Gonzales, Hansen, Jaquez Lewis, Kolker, Marchman, Moreno, Priola Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. imminent and serious harm to the individual's self or another person, based on immediately present evidence and circumstances; ! All less restrictive interventions have been exhausted; and ! The clinical restraint is ordered by a licensed mental health provider. The bill requires facilities that utilize clinical restraints to implement procedures to ensure frequent and consistent monitoring for the individual subjected to the clinical restraint and uniform documentation procedures concerning the use of the clinical restraint. The bill limits the amount of time an individual may be subjected to a clinical restraint per each restraint episode and within a calendar year. The bill prohibits the use of an involuntary medication on an individual, unless: ! The individual is determined to be dangerous to the individual's self or another person and the treatment is in the individual's medical interest; ! All less restrictive alternative interventions have been exhausted; and ! The involuntary medication is administered after exhaustion of procedural requirements that ensure a hearing, opportunity for review, and right to counsel. The bill requires the department of corrections (department) to submit an annual report to the judiciary committees of the senate and house of representatives with data concerning the use of clinical restraints and involuntary medication in the preceding calendar year. The bill requires the department to include specific data concerning the placement of individuals in settings with heightened restrictions in its annual administrative segregation report. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, add 17-1-167 as2 follows:3 17-1-167. Use of restraints for state inmates - criteria -4 documentation - intake assessment - report - rules - definitions.5 (1) BY JULY 1, 2027, THE DEPARTMENT SHALL IMPLEMENT POLICIES AND6 PRACTICES THAT CONFORM TO THE MINIMUM STANDARDS PRESCRIBED BY7 THE MOST UPDATED RESTRAINT AND SECLUSION STANDARDS OF THE8 1013-2- NATIONAL COMMISSION ON CORRECTIONAL HEALTH CARE . THE1 DEPARTMENT SHALL CONTINUOUSLY AMEND ITS PRACTICES AND POLICIES2 TO COMPLY, AT A MINIMUM, WITH THE THOSE MINIMUM STANDARDS .3 (2) (a) A FACILITY OR QUALIFIED FACILITY SHALL ENSURE THAT4 THE USE OF RESTRAINT IS DOCUMENTED AND MAINTAINED IN THE5 ELECTRONIC HEALTH RECORD OF THE INDIVIDUAL WHO WAS RESTRAINED.6 AT A MINIMUM, THE FACILITY OR QUALIFIED FACILITY SHALL DOCUMENT:7 (I) THE ORDER FOR CLINICAL RESTRAINT, THE DATE AND TIME OF8 THE ORDER, AND THE SIGNATURE OF THE LICENSED OR LICENSE-ELIGIBLE9 MENTAL HEALTH PROVIDER WHO ISSUED THE CLINICAL RESTRAINT ORDER.10 IF THE ORDER IS AUTHORIZED BY TELEPHONE , THE ORDER MUST BE11 TRANSCRIBED AND SIGNED AT THE TIME OF ISSUANCE BY A PERSON WITH12 AUTHORITY TO ACCEPT ORDERS. THE ORDERING LICENSED OR LICENSE-13 ELIGIBLE MENTAL HEALTH PROVIDER SHALL SIGN THE ORDER AS SOON AS14 PRACTICABLE.15 (II) A CLEAR EXPLANATION OF THE CLINICAL BASIS FOR USE OF THE16 CLINICAL RESTRAINT, INCLUDING THE LESS-INTRUSIVE INTERVENTIONS17 THAT WERE EMPLOYED AND FAILED, AND EVIDENCE OF THE IMMEDIATE18 CIRCUMSTANCES JUSTIFYING THE BELIEF THAT THE USE OF RESTRAINT WAS19 TO PREVENT THE INDIVIDUAL FROM COMMITTING IMMINENT AND SERIOUS20 HARM TO THE INDIVIDUAL'S SELF OR ANOTHER PERSON;21 (III) THE SPECIFIC BEHAVIORAL CRITERIA THE INDIVIDUAL MUST22 EXHIBIT FOR THE CLINICAL RESTRAINT EPISODE TO BE TERMINATED ;23 (IV) ANY MODIFICATIONS TO THE ORDER , AND THE TIME AND24 DATE, AND THE SIGNATURE OF THE LICENSED OR LICENSE-ELIGIBLE25 MENTAL HEALTH PROVIDER, OR MENTAL HEALTH CLINICIAN AS DEFINED BY26 DEPARTMENT RULE OR DESIGNATED BY THE DEPARTMENT, WHO MODIFIES27 1013 -3- THE ORDER;1 (V) THE DATE AND TIME OF AN ORDER MODIFICATION, THE DATE2 AND TIME OF THE MODIFICATION, AND THE SIGNATURE OF THE LICENSED3 OR LICENSE-ELIGIBLE MENTAL HEALTH PROVIDER, OR MENTAL HEALTH4 CLINICIAN AS DEFINED BY DEPARTMENT RULE OR DESIGNATED BY THE5 DEPARTMENT, WHO ISSUED THE CLINICAL RESTRAINT ORDER. IF THE ORDER6 IS MODIFIED BY TELEPHONE, THE MODIFICATION MUST BE TRANSCRIBED7 AND SIGNED AT THE TIME OF ISSUANCE BY A PERSON WITH AUTHORITY TO8 ACCEPT THE MODIFICATION . THE ORDERING LICENSED OR9 LICENSE-ELIGIBLE MENTAL HEALTH PROVIDER, OR MENTAL HEALTH10 CLINICIAN AS DEFINED BY DEPARTMENT RULE OR DESIGNATED BY THE11 DEPARTMENT, SHALL SIGN THE ORDER AS SOON AS PRACTICABLE ; AND12 (VI) THE DATE AND TIME OF THE TERMINATION OF THE ORDER, THE13 SIGNATURE OF THE PERSON WHO TERMINATED THE ORDER , THE14 OBSERVATIONS, AND EVIDENCE THAT THE INDIVIDUAL EXHIBITED15 BEHAVIOR JUSTIFYING THE TERMINATION OF THE ORDER .16 (b) THE FACILITY OR QUALIFIED FACILITY SHALL ENSURE THE17 DOCUMENTATION AND RETENTION REQUIRED PURSUANT TO THIS SECTION18 ARE CONDUCTED PURSUANT TO ALL APPLICABLE STATE AND FEDERAL19 LAWS REGARDING THE CONFIDENTIALITY OF THE INDIVIDUAL 'S20 INFORMATION AND SHALL ENSURE AN INDIVIDUAL MAY ACCESS THE21 INFORMATION OR DEMAND RELEASE OF THE INFORMATION TO A THIRD22 PARTY.23 (3) A QUALIFIED FACILITY SHALL PERFORM AN EVALUATION UPON24 EVERY INDIVIDUAL'S INTAKE TO THE RESPECTIVE FACILITY FOR THE25 PURPOSE OF ASSESSING THE INDIVIDUAL'S RISK OF SELF-HARM BEHAVIORS26 AND WHETHER THE INDIVIDUAL HAS BEEN PREVIOUSLY SUBJECTED TO27 1013 -4- CLINICAL FOUR-POINT RESTRAINTS. A LICENSED OR LICENSE-ELIGIBLE1 MENTAL HEALTH PROVIDER, MENTAL HEALTH CLINICIAN AS DEFINED BY2 DEPARTMENT RULE OR DESIGNATED BY THE DEPARTMENT, QUALIFIED3 HEALTH-CARE PROVIDER, OR MENTAL HEALTH ADMINISTRATOR SHALL4 INITIATE APPROPRIATE SAFETY PLANNING TO ADDRESS CONCERNS AND5 ATTEMPT TO AVOID THE USE OF CLINICAL RESTRAINTS , IF POSSIBLE.6 (4) (a) SUBJECT TO THE PROVISIONS OF THIS SECTION, A QUALIFIED7 FACILITY SHALL NOT USE AN INVOLUNTARY MEDICATION ON AN8 INDIVIDUAL UNLESS:9 (I) THE INDIVIDUAL IS DETERMINED TO BE DANGEROUS TO THE10 INDIVIDUAL'S SELF OR ANOTHER PERSON, AND THE TREATMENT IS IN THE11 INDIVIDUAL'S MEDICAL INTEREST;12 (II) THE QUALIFIED FACILITY HAS EXHAUSTED ALL13 LESS-RESTRICTIVE ALTERNATIVE INTERVENTIONS ;14 (III) THE INVOLUNTARY MEDICATION IS ADMINISTERED AFTER15 EXHAUSTION OF PROCEDURAL REQUIREMENTS ESTABLISHED PURSUANT TO16 THIS SECTION; AND17 (IV) THE MAJORITY OF THE INVOLUNTARY MEDICATION18 COMMITTEE DESCRIBED IN SUBSECTION (4)(b) OF THIS SECTION APPROVES19 OF THE INVOLUNTARY MEDICATION .20 (b) THE QUALIFIED FACILITY SHALL CONVENE AN INVOLUNTARY21 MEDICATION COMMITTEE, COMPRISED OF A LICENSED PSYCHIATRIST, A22 LICENSED PSYCHOLOGIST, A LICENSED OR LICENSE-ELIGIBLE MENTAL23 HEALTH PROVIDER, AND THE SUPERINTENDENT OF THE QUALIFIED FACILITY24 OR THE SUPERINTENDENT'S DESIGNEE.25 (c) AN ORDER FOR AN INVOLUNTARY MEDICATION MUST NOT :26 (I) EXCEED ONE HUNDRED EIGHTY DAYS FROM THE DATE OF THE27 1013 -5- ORDER; AND1 (II) PERMIT THE USE OF MORE THAN TEN DIFFERENT PSYCHOTROPIC2 MEDICATIONS DURING THE ONE HUNDRED EIGHTY-DAY PERIOD. THIS DOES3 NOT LIMIT THE AMOUNT OF DOSES OF THE MEDICATIONS TO BE4 ADMINISTERED, AS MEDICALLY APPROPRIATE.5 (d) A QUALIFIED FACILITY SHALL ENSURE THAT THE USE OF6 INVOLUNTARY MEDICATION IS DOCUMENTED AND MAINTAINED IN THE7 INDIVIDUAL'S ELECTRONIC HEALTH RECORD. AT A MINIMUM, THE8 QUALIFIED FACILITY SHALL DOCUMENT :9 (I) THE ORDER FOR INVOLUNTARY MEDICATION ;10 (II) THE DATE AND TIME OF THE ORDER; AND11 (III) A CLEAR EXPLANATION OF THE CLINICAL BASIS FOR USE OF12 THE INVOLUNTARY MEDICATION, INCLUDING THE LESS-INTRUSIVE13 INTERVENTIONS THAT WERE EMPLOYED AND FAILED AND EVIDENCE OF THE14 IMMEDIATE CIRCUMSTANCES JUSTIFYING THE DETERMINATION THAT THE15 INDIVIDUAL IS DANGEROUS TO THE INDIVIDUAL 'S SELF OR ANOTHER16 PERSON AND THAT THE TREATMENT IS IN THE INDIVI DUAL'S MEDICAL17 INTEREST.18 (e) THE FACILITY OR QUALIFIED FACILITY SHALL ENSURE THE19 DOCUMENTATION AND MAINTENANCE REQUIRED PURSUANT TO THIS20 SECTION ARE CONDUCTED PURSUANT TO ALL APPLICABLE STATE AND21 FEDERAL LAWS REGARDING THE CONFIDENTIALITY OF THE INFORMATION.22 (f) THIS SUBSECTION (4) DOES NOT APPLY TO EMERGENCY23 MEDICINE ADMINISTERED PURSUANT TO DEPARTMENT POLICY .24 (5) (a) ON OR BEFORE JANUARY 1, 2024 AND ON OR BEFORE25 JANUARY 1 EACH YEAR THEREAFTER, THE EXECUTIVE DIRECTOR OF THE26 DEPARTMENT SHALL SUBMIT A REPORT TO THE JUDICIARY COMMITTEES OF27 1013 -6- THE SENATE AND HOUSE OF REPRESENTATIVES , OR ANY SUCCESSOR1 COMMITTEES, CONCERNING THE USE OF CLINICAL RESTRAINTS AND2 INVOLUNTARY MEDICATION IN THE PRECEDING CALENDAR YEAR. AT A3 MINIMUM, THE REPORT MUST INCLUDE:4 (I) THE TOTAL NUMBER OF CLINICAL AMBULATORY RESTRAINT5 EPISODES AND CLINICAL FOUR-POINT RESTRAINT EPISODES;6 (II) THE TOTAL NUMBER OF INVOLUNTARY MEDICATION ORDERS7 ISSUED;8 (III) THE AVERAGE AMOUNT OF TIME OF A CLINICAL AMBULATORY9 RESTRAINT EPISODE AND CLINICAL FOUR -POINT RESTRAINT EPISODE;10 (IV) THE AVERAGE DURATION OF INVOLUNTARY MEDICATION11 ORDERS ISSUED;12 (V) THE LONGEST CLINICAL AMBULATORY RESTRAINT EPISODE13 AND THE LONGEST CLINICAL FOUR-POINT RESTRAINT EPISODE;14 (VI) THE PERCENTAGE OF TOTAL CLINICAL AMBULATORY15 RESTRAINT EPISODES THAT EXCEEDED TWO HOURS, AND THE PERCENTAGE16 OF TOTAL CLINICAL FOUR-POINT RESTRAINT EPISODES THAT EXCEEDED17 TWO HOURS;18 (VII) THE PERCENTAGE OF TOTAL CLINICAL AMBULATORY19 RESTRAINT EPISODES THAT INVOLVED AN INDIVIDUAL DIAGNOSED WITH A20 BEHAVIORAL HEALTH DISORDER OR INTELLECTUAL OR DEVELOPMENTAL21 DISABILITY, AND THE PERCENTAGE OF TOTAL CLINICAL FOUR -POINT22 RESTRAINT EPISODES THAT INVOLVED AN INDIVIDUAL DIAGNOSED WITH A23 BEHAVIORAL HEALTH DISORDER OR INTELLECTUAL OR DEVELOPMENTAL24 DISABILITY;25 (VIII) THE PERCENTAGE OF TOTAL INVOLUNTARY MEDICATION26 ORDERS THAT INVOLVED AN INDIVIDUAL DIAGNOSED WITH A BEHAVIORAL27 1013 -7- HEALTH DISORDER OR INTELLECTUAL OR DEVELOPMENTAL DISABILITY,1 AND THE PERCENTAGE OF TOTAL CLINICAL FOUR-POINT RESTRAINT2 EPISODES THAT INVOLVED AN INDIVIDUAL DIAGNOSED WITH A3 BEHAVIORAL HEALTH DISORDER OR INTELLECTUAL OR DEVELOPMENTAL4 DISABILITY;5 (IX) THE PERCENTAGE OF TOTAL CLINICAL AMBULATORY6 RESTRAINT EPISODES THAT INVOLVED AN INDIVIDUAL WHO WAS7 SUBJECTED TO THE RESTRAINT FOR A SECOND OR SUBSEQUENT EPISODE8 WITHIN THE YEAR, AND THE PERCENTAGE OF TOTAL CLINICAL FOUR-POINT9 RESTRAINT EPISODES THAT INVOLVED AN INDIVIDUAL WHO WAS10 SUBJECTED TO THE RESTRAINT FOR A SECOND OR SUBSEQUENT EPISODE11 WITHIN THE YEAR;12 (X) THE PERCENTAGE OF TOTAL INVOLUNTARY MEDICATION13 ORDERS THAT INVOLVED AN INDIVIDUAL WHO WAS SUBJECTED TO A14 SECOND OR SUBSEQUENT ORDER WITHIN THE YEAR ;15 (XI) THE TOTAL NUMBER OF INVOLUNTARY MEDICATION ORDERS16 THAT EXCEEDED ONE HUNDRED EIGHTY DAYS ; AND17 (XII) AN IMPLEMENTATION PLAN TO CONFORM WITH THE18 REQUIREMENTS PURSUANT TO SUBSECTION (1) OF THIS SECTION,19 INCLUDING TIME LINES, A SUMMARY OF PROGRESS, AND A COMPLIANCE20 REPORT.21 (b) BEGINNING IN 2024 AND EACH YEAR THEREAFTER, THE22 DEPARTMENT SHALL PRESENT FINDINGS FROM THE REPORT DESCRIBED BY23 THIS SECTION TO THE HOUSE OF REPRESENTATIVES AND SENATE JUDICIARY24 COMMITTEES, OR ANY SUCCESSOR COMMITTEES, DURING THE HEARINGS25 HELD PURSUANT TO THE "SMART ACT", PART 2 OF ARTICLE 7 OF TITLE 2.26 (c) NOTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-13627 1013 -8- (11)(a)(I), THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS1 SUBSECTION (5) CONTINUES INDEFINITELY.2 (d) THE DEPARTMENT SHALL ENSURE THE REPORT REQUIRED IN3 THIS SUBSECTION (5) DOES NOT DISCLOSE ANY INFORMATION IN VIOLATION4 OF APPLICABLE STATE AND FEDERAL LAWS REGARDING THE5 CONFIDENTIALITY OF INDIVIDUALS' INFORMATION.6 (6) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE7 REQUIRES:8 (a) "CLINICAL AMBULATORY RESTRAINT " MEANS A DEVICE USED9 TO INVOLUNTARILY LIMIT AN INDIVIDUAL'S FREEDOM OF MOVEMENT, BUT10 STILL PERMITS THE ABILITY OF THE INDIVIDUAL TO WALK AND MOVE11 WHILE SUBJECTED TO THE DEVICE.12 (b) "CLINICAL FOUR-POINT RESTRAINT" MEANS A DEVICE USED TO13 INVOLUNTARILY LIMIT AN INDIVIDUAL'S FREEDOM OF MOVEMENT BY14 SECURING THE INDIVIDUAL'S ARMS AND LEGS.15 (c) "CLINICAL RESTRAINT" MEANS A DEVICE USED TO16 INVOLUNTARILY LIMIT AN INDIVIDUAL'S FREEDOM OF MOVEMENT.17 "CLINICAL RESTRAINT" INCLUDES CLINICAL AMBULATORY RESTRAINTS18 AND CLINICAL FOUR-POINT RESTRAINTS.19 (d) "CORRECTIONAL FACILITY" HAS THE SAME MEANING AS SET20 FORTH IN SECTION 17-1-102 (1.7).21 (e) "DEPARTMENT" MEANS THE DEPARTMENT OF CORRECTIONS,22 CREATED AND EXISTING PURSUANT TO SECTION 24-1-128.5.23 (f) "FACILITY" MEANS A CORRECTIONAL FACILITY OR A PRIVATE24 CONTRACT PRISON.25 (g) "INVOLUNTARY MEDICATION " MEANS GIVING AN INDIVIDUAL26 MEDICATION INVOLUNTARILY; EXCEPT THAT "INVOLUNTARY MEDICATION"27 1013 -9- DOES NOT INCLUDE THE INVOLUNTARY ADMINISTRATION OF MEDICATION1 OR ADMINISTRATION OF MEDICATION FOR VOLUNTARY LIFE-SAVING2 MEDICAL PROCEDURES.3 (h) "LICENSED OR LICENSE-ELIGIBLE MENTAL HEALTH PROVIDER"4 HAS THE SAME MEANING AS DEFINED IN SECTION 27-60-108 (2)(a), OR5 MEANS A PERSON WHO HAS COMPLETED THE EDUCATION REQUIREMENTS6 TO BE A LICENSED MENTAL HEALTH PROVIDER AS DEFINED IN SECTION7 27-60-108 (2)(a), BUT IS IN THE PROCESS OF COMPLETING THE EXPERIENCE8 AND EXAMINATION REQUIREMENTS TO BECOMING LICENSED .9 (i) "PRIVATE CONTRACT PRISON" HAS THE SAME MEANING AS SET10 FORTH IN SECTION 17-1-102 (7.3).11 (j) "QUALIFIED FACILITY" MEANS:12 (I) A CORRECTIONAL FACILITY INFIRMARY ;13 (II) THE SAN CARLOS CORRECTIONAL FACILITY; AND14 (III) THE DENVER WOMEN'S CORRECTIONAL FACILITY.15 (k) "QUALIFIED HEALTH-CARE PROVIDER" MEANS A LICENSED16 PHYSICIAN, A LICENSED ADVANCED PRACTICE REGISTERED NURSE, OR A17 LICENSED REGISTERED NURSE.18 SECTION 2. In Colorado Revised Statutes, 17-1-113.9, amend19 (1) as follows:20 17-1-113.9. Use of administrative segregation for state inmates21 - reporting. (1) Notwithstanding section 24-1-136 (11)(a)(I), on or22 before January 1, 2012, and each January 1 thereafter, the executive23 director shall provide a written report to the judiciary committees of the24 senate and house of representatives, or any successor committees,25 concerning the status of administrative segregation; reclassification26 efforts for offenders INDIVIDUALS DIAGNOSED with mental BEHAVIORAL27 1013 -10- health disorders or intellectual and developmental disabilities, including1 duration of stay, reason for placement, and number and percentage2 discharged; and any internal reform efforts since July 1, 2011. THE3 REPORT MUST INCLUDE DATA CONCERNING THE PLACEMENT OF4 INDIVIDUALS IN ALL SETTINGS WITH HEIGHTENED RESTRICTIONS,5 INCLUDING THE TOTAL NUMBER OF PLACEMENTS IN EACH SETTING, THE6 TOTAL NUMBER OF PLACEMENTS IN EACH SETTING INVOLVING AN7 INDIVIDUAL DIAGNOSED WITH A BEHAVIORAL HEALTH DISORDER OR8 INTELLECTUAL OR DEVELOPMENTAL DISABILITY , THE AVERAGE DURATION9 OF STAY OF AN INDIVIDUAL IN EACH SETTING, THE REASONS FOR10 PLACEMENT IN EACH SETTING, AND THE TOTAL NUMBER OF INDIVIDUALS11 DISCHARGED FROM EACH SETTING .12 SECTION 3. Appropriation. (1) For the 2023-24 state fiscal13 year, $18,872 is appropriated to the department of corrections. This14 appropriation is from the general fund. To implement this act, the15 department may use this appropriation as follows:16 (a) $12,000 for the purchase of information technology services;17 and18 (b) $6,872 for use by institutions for operating expenses related19 to the mental health subprogram.20 (2) For the 2023-24 state fiscal year, $12,000 is appropriated to21 the office of the governor for use by the office of information technology.22 This appropriation is from reappropriated funds received from the23 department of corrections under subsection (1)(a) of this section. To24 implement this act, the office may use this appropriation to provide25 information technology services for the department of corrections.26 SECTION 4. Safety clause. The general assembly hereby finds,27 1013 -11- determines, and declares that this act is necessary for the immediate1 preservation of the public peace, health, or safety.2 1013 -12-