Colorado 2023 Regular Session

Colorado House Bill HB1013 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0162.03 Jacob Baus x2173
1	8		HOUSE BILL 23-1013
2		-	BY REPRESENTATIVE(S) Amabile, Bacon, Bird, Boesenecker, Brown,
3		-	deGruy Kennedy, Dickson, Froelich, Gonzales-Gutierrez, Herod, Jodeh,
4		-	Lindsay, Lindstedt, Mabrey, Michaelson Jenet, Ortiz, Parenti, Sharbini,
5		-	Sirota, Snyder, Story, Velasco, Weissman, Willford, Woodrow, Young,
6		-	Joseph, Marshall, McCormick, McCluskie;
7		-	also SENATOR(S) Fields and Rodriguez, Buckner, Gonzales, Hansen,
8		-	Jaquez Lewis, Kolker, Marchman, Moreno, Priola.
	9	+	House Committees Senate Committees
	10	+	Judiciary Judiciary
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
9	13		C
10		-	ONCERNING MEASURES TO REGULATE THE USE OF RESTRICTIVE PRACTICES
11		-	ON INDIVIDUALS IN CORRECTIONAL FACILITIES
12		-	, AND, IN CONNECTION
13		-	THEREWITH
14		-	, MAKING AN APPROPRIATION.
15		-
16		-	Be it enacted by the General Assembly of the State of Colorado:
17		-	SECTION 1. In Colorado Revised Statutes, add 17-1-167 as
18		-	follows:
19		-	17-1-167. Use of restraints for state inmates - criteria -
20		-	documentation - intake assessment - report - rules - definitions. (1) B
21		-	Y
22		-	JULY 1, 2027, THE DEPARTMENT SHALL IMPLEMENT POLICIES AND PRACTICES
23		-	THAT CONFORM TO THE MINIMUM STANDARDS PRESCRIBED BY THE MOST
24		-	UPDATED RESTRAINT AND SECLUSION STANDARDS OF THE NATIONAL
25		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
26		-	officers and the Governor. To determine whether the Governor has signed the bill
27		-	or taken other action on it, please consult the legislative status sheet, the legislative
28		-	history, or the Session Laws.
29		-	________
30		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
31		-	through words or numbers indicate deletions from existing law and such material is not part of
32		-	the act. COMMISSION ON CORRECTIONAL HEALTH CARE . THE DEPARTMENT SHALL
33		-	CONTINUOUSLY AMEND ITS PRACTICES AND POLICIES TO COMPLY
34		-	, AT A
35		-	MINIMUM
36		-	, WITH THE THOSE MINIMUM STANDARDS .
37		-	(2) (a) A
38		-	FACILITY OR QUALIFIED FACILITY SHALL ENSURE THAT THE
39		-	USE OF RESTRAINT IS DOCUMENTED AND MAINTAINED IN THE ELECTRONIC
40		-	HEALTH RECORD OF THE INDIVIDUAL WHO WAS RESTRAINED
41		-	. AT A MINIMUM,
42		-	THE FACILITY OR QUALIFIED FACILITY SHALL DOCUMENT :
43		-	(I)
44		-	THE ORDER FOR CLINICAL RESTRAINT, THE DATE AND TIME OF THE
45		-	ORDER
46		-	, AND THE SIGNATURE OF THE LICENSED OR LICENSE-ELIGIBLE MENTAL
47		-	HEALTH PROVIDER WHO ISSUED THE CLINICAL RESTRAINT ORDER
48		-	. IF THE
49		-	ORDER IS AUTHORIZED BY TELEPHONE
50		-	, THE ORDER MUST BE TRANSCRIBED
51		-	AND SIGNED AT THE TIME OF ISSUANCE BY A PERSON WITH AUTHORITY TO
52		-	ACCEPT ORDERS
53		-	. THE ORDERING LICENSED OR LICENSE- ELIGIBLE MENTAL
54		-	HEALTH PROVIDER SHALL SIGN THE ORDER AS SOON AS PRACTICABLE
55		-	.
56		-	(II) A
57		-	CLEAR EXPLANATION OF THE CLINICAL BASIS FOR USE OF THE
58		-	CLINICAL RESTRAINT
59		-	, INCLUDING THE LESS INTRUSIVE INTERVENTIONS THAT
60		-	WERE EMPLOYED AND FAILED
61		-	, AND EVIDENCE OF THE IMMEDIATE
62		-	CIRCUMSTANCES JUSTIFYING THE BELIEF THAT THE USE OF RESTRAINT WAS
63		-	TO PREVENT THE INDIVIDUAL FROM COMMITTING IMMINENT AND SERIOUS
64		-	HARM TO THE INDIVIDUAL
65		-	'S SELF OR ANOTHER PERSON;
66		-	(III) T
67		-	HE SPECIFIC BEHAVIORAL CRITERIA THE INDIVIDUAL MUST
68		-	EXHIBIT FOR THE CLINICAL RESTRAINT EPISODE TO BE TERMINATED
69		-	;
70		-	(IV) A
71		-	NY MODIFICATIONS TO THE ORDER, AND THE TIME AND DATE,
72		-	AND THE SIGNATURE OF THE LICENSED OR LICENSE -ELIGIBLE MENTAL
73		-	HEALTH PROVIDER
74		-	, OR MENTAL HEALTH CLINICIAN AS DEFINED BY
75		-	DEPARTMENT RULE OR DESIGNATED BY THE DEPARTMENT
76		-	, WHO MODIFIES
77		-	THE ORDER
78		-	;
79		-	(V) T
80		-	HE DATE AND TIME OF AN ORDER MODIFICATION, THE DATE AND
81		-	TIME OF THE MODIFICATION
82		-	, AND THE SIGNATURE OF THE LICENSED OR
83		-	LICENSE
84		-	-ELIGIBLE MENTAL HEALTH PROVIDER , OR MENTAL HEALTH
85		-	CLINICIAN AS DEFINED BY DEPARTMENT RULE OR DESIGNATED BY THE
86		-	DEPARTMENT
87		-	, WHO ISSUED THE CLINICAL RESTRAINT ORDER . IF THE ORDER
88		-	IS MODIFIED BY TELEPHONE
89		-	, THE MODIFICATION MUST BE TRANSCRIBED AND
90		-	SIGNED AT THE TIME OF ISSUANCE BY A PERSON WITH AUTHORITY TO ACCEPT
91		-	PAGE 2-HOUSE BILL 23-1013 THE MODIFICATION. THE ORDERING LICENSED OR LICENSE-ELIGIBLE MENTAL
92		-	HEALTH PROVIDER
93		-	, OR MENTAL HEALTH CLINICIAN AS DEFINED BY
94		-	DEPARTMENT RULE OR DESIGNATED BY THE DEPARTMENT
95		-	, SHALL SIGN THE
96		-	ORDER AS SOON AS PRACTICABLE
97		-	; AND
98		-	(VI) THE DATE AND TIME OF THE TERMINATION OF THE ORDER , THE
99		-	SIGNATURE OF THE PERSON WHO TERMINATED THE ORDER
100		-	, THE
101		-	OBSERVATIONS
102		-	, AND EVIDENCE THAT THE INDIVIDUAL EXHIBITED BEHAVIOR
103		-	JUSTIFYING THE TERMINATION OF THE ORDER
104		-	.
105		-	(b) T
106		-	HE FACILITY OR QUALIFIED FACILITY SHALL ENSURE THE
107		-	DOCUMENTATION AND RETENTION REQUIRED PURSUANT TO THIS SECTION
108		-	ARE CONDUCTED PURSUANT TO ALL APPLICABLE STATE AND FEDERAL LAWS
109		-	REGARDING THE CONFIDENTIALITY OF THE INDIVIDUAL
110		-	'S INFORMATION AND
111		-	SHALL ENSURE AN INDIVIDUAL MAY ACCESS THE INFORMATION OR DEMAND
112		-	RELEASE OF THE INFORMATION TO A THIRD PARTY
113		-	.
114		-	(3) A
115		-	QUALIFIED FACILITY SHALL PERFORM AN EVALUATION UPON
116		-	EVERY INDIVIDUAL
117		-	'S INTAKE TO THE RESPECTIVE FACILITY FOR THE PURPOSE
118		-	OF ASSESSING THE INDIVIDUAL
119		-	'S RISK OF SELF-HARM BEHAVIORS AND
120		-	WHETHER THE INDIVIDUAL HAS BEEN PREVIOUSLY SUBJECTED TO CLINICAL
121		-	FOUR
122		-	-POINT RESTRAINTS. A LICENSED OR LICENSE-ELIGIBLE MENTAL HEALTH
123		-	PROVIDER
124		-	, MENTAL HEALTH CLINICIAN AS DEFINED BY DEPARTMENT RULE
125		-	OR DESIGNATED BY THE DEPARTMENT
126		-	, QUALIFIED HEALTH-CARE PROVIDER,
127		-	OR MENTAL HEALTH ADMINISTRATOR SHALL INITIATE APPROPRIATE SAFETY
128		-	PLANNING TO ADDRESS CONCERNS AND ATTEMPT TO AVOID THE USE OF
129		-	CLINICAL RESTRAINTS
130		-	, IF POSSIBLE.
131		-	(4) (a) S
132		-	UBJECT TO THE PROVISIONS OF THIS SECTION, A QUALIFIED
133		-	FACILITY SHALL NOT USE AN INVOLUNTARY MEDICATION ON AN INDIVIDUAL
134		-	UNLESS
135		-	:
136		-	(I) T
137		-	HE INDIVIDUAL IS DETERMINED TO BE DANGEROUS TO THE
138		-	INDIVIDUAL
139		-	'S SELF OR ANOTHER PERSON, AND THE TREATMENT IS IN THE
140		-	INDIVIDUAL
141		-	'S MEDICAL INTEREST;
142		-	(II) T
143		-	HE QUALIFIED FACILITY HAS EXHAUSTED ALL LESS RESTRICTIVE
144		-	ALTERNATIVE INTERVENTIONS
145		-	;
146		-	(III) T
147		-	HE INVOLUNTARY MEDICATION IS ADMINISTERED AFTER
148		-	PAGE 3-HOUSE BILL 23-1013 EXHAUSTION OF PROCEDURAL REQUIREMENTS ESTABLISHED PURSUANT TO
149		-	THIS SECTION
150		-	; AND
151		-	(IV) THE MAJORITY OF THE INVOLUNTARY MEDICATION COMMITTEE
152		-	DESCRIBED IN SUBSECTION
153		-	(4)(b) OF THIS SECTION APPROVES OF THE
154		-	INVOLUNTARY MEDICATION
155		-	.
156		-	(b) T
157		-	HE QUALIFIED FACILITY SHALL CONVENE AN INVOLUNTARY
158		-	MEDICATION COMMITTEE
159		-	, COMPRISED OF A LICENSED PSYCHIATRIST , A
160		-	LICENSED PSYCHOLOGIST
161		-	, A LICENSED OR LICENSE-ELIGIBLE MENTAL HEALTH
162		-	PROVIDER
163		-	, AND THE SUPERINTENDENT OF THE QUALIFIED FACILITY OR THE
164		-	SUPERINTENDENT
165		-	'S DESIGNEE.
166		-	(c) A
167		-	N ORDER FOR AN INVOLUNTARY MEDICATION MUST NOT :
168		-	(I) E
169		-	XCEED ONE HUNDRED EIGHTY DAYS FROM THE DATE OF THE
170		-	ORDER
171		-	; AND
172		-	(II) PERMIT THE USE OF MORE THAN TEN DIFFERENT PSYCHOTROPIC
173		-	MEDICATIONS DURING THE ONE HUNDRED EIGHTY
174		-	-DAY PERIOD. THIS DOES
175		-	NOT LIMIT THE AMOUNT OF DOSES OF THE MEDICATIONS TO BE
176		-	ADMINISTERED
177		-	, AS MEDICALLY APPROPRIATE.
178		-	(d) A
179		-	QUALIFIED FACILITY SHALL ENSURE THAT THE USE OF
180		-	INVOLUNTARY MEDICATION IS DOCUMENTED AND MAINTAINED IN THE
181		-	INDIVIDUAL
182		-	'S ELECTRONIC HEALTH RECORD. AT A MINIMUM, THE QUALIFIED
183		-	FACILITY SHALL DOCUMENT
184		-	:
185		-	(I) T
186		-	HE ORDER FOR INVOLUNTARY MEDICATION ;
187		-	(II) T
188		-	HE DATE AND TIME OF THE ORDER; AND
189		-	(III) A CLEAR EXPLANATION OF THE CLINICAL BASIS FOR USE OF THE
190		-	INVOLUNTARY MEDICATION
191		-	, INCLUDING THE LESS INTRUSIVE INTERVENTIONS
192		-	THAT WERE EMPLOYED AND FAILED AND EVIDENCE OF THE IMMEDIATE
193		-	CIRCUMSTANCES JUSTIFYING THE DETER MINATION THAT THE INDIVIDUAL IS
194		-	DANGEROUS TO THE INDIVIDUAL
195		-	'S SELF OR ANOTHER PERSON AND THAT THE
196		-	TREATMENT IS IN THE INDIVIDUAL
197		-	'S MEDICAL INTEREST.
198		-	(e) T
199		-	HE FACILITY OR QUALIFIED FACILITY SHALL ENSURE THE
200		-	PAGE 4-HOUSE BILL 23-1013 DOCUMENTATION AND MAINTE NANCE REQUIRED PURSUANT TO THIS SECTION
201		-	ARE CONDUCTED PURSUANT TO ALL APPLICABLE STATE AND FEDERAL LAWS
202		-	REGARDING THE CONFIDENTIALITY OF THE INFORMATION
203		-	.
204		-	(f) T
205		-	HIS SUBSECTION (4) DOES NOT APPLY TO EMERGENCY MEDICINE
206		-	ADMINISTERED PURSUANT TO DEPARTMENT POLICY
207		-	.
208		-	(5) (a) O
209		-	N OR BEFORE JANUARY 1, 2024, AND ON OR BEFORE
210		-	JANUARY 1 EACH YEAR THEREAFTER , THE EXECUTIVE DIRECTOR OF THE
211		-	DEPARTMENT SHALL SUBMIT A REPORT TO THE JUDICIARY COMMITTEES OF
212		-	THE SENATE AND HOUSE OF REPRESENTATIVES
213		-	, OR ANY SUCCESSOR
214		-	COMMITTEES
215		-	, CONCERNING THE USE OF CLINICAL RESTRAINTS AND
216		-	INVOLUNTARY MEDICATION IN THE PRECEDING CALENDAR YEAR
217		-	. AT A
218		-	MINIMUM
219		-	, THE REPORT MUST INCLUDE:
220		-	(I) T
221		-	HE TOTAL NUMBER OF CLINICAL AMBULATORY RESTRAINT
222		-	EPISODES AND CLINICAL FOUR
223		-	-POINT RESTRAINT EPISODES;
224		-	(II) T
225		-	HE TOTAL NUMBER OF INVOLUNTARY MEDICATION ORDERS
226		-	ISSUED
227		-	;
228		-	(III) T
229		-	HE AVERAGE AMOUNT OF TIME OF A CLINICAL AMBULATORY
230		-	RESTRAINT EPISODE AND CLINICAL FOUR
231		-	-POINT RESTRAINT EPISODE;
232		-	(IV) T
233		-	HE AVERAGE DURATION OF INVOLUNTARY MEDICATION
234		-	ORDERS ISSUED
235		-	;
236		-	(V) T
237		-	HE LONGEST CLINICAL AMBULATORY RESTRAINT EPISODE AND
238		-	THE LONGEST CLINICAL FOUR
239		-	-POINT RESTRAINT EPISODE;
240		-	(VI) T
241		-	HE PERCENTAGE OF TOTAL CLINICAL AMBULATORY RESTRAINT
242		-	EPISODES THAT EXCEEDED TWO HOURS
243		-	, AND THE PERCENTAGE OF TOTAL
244		-	CLINICAL FOUR
245		-	-POINT RESTRAINT EPISODES THAT EXCEEDED TWO HOURS ;
246		-	(VII) T
247		-	HE PERCENTAGE OF TOTAL CLINICAL AMBULATORY
248		-	RESTRAINT EPISODES THAT INVOLVED AN INDIVIDUAL DIAGNOSED WITH A
249		-	BEHAVIORAL HEALTH DISORDER OR INTELLECTUAL OR DEVELOPMENTAL
250		-	DISABILITY
251		-	, AND THE PERCENTAGE OF TOTAL CLINICAL FOUR -POINT
252		-	RESTRAINT EPISODES THAT INVOLVED AN INDIVIDUAL DIAGNOSED WITH A
253		-	BEHAVIORAL HEALTH DISORDER OR INTELLECTUAL OR DEVELOPMENTAL
254		-	PAGE 5-HOUSE BILL 23-1013 DISABILITY;
255		-	(VIII) T
256		-	HE PERCENTAGE OF TOTAL INVOLUNTARY MEDICATION
257		-	ORDERS THAT INVOLVED AN INDIVIDUAL DIAGNOSED WITH A BEHAVIORAL
258		-	HEALTH DISORDER OR INTELLECTUAL OR DEVELOPMENTAL DISABILITY
259		-	, AND
260		-	THE PERCENTAGE OF TOTAL CLINICAL FOUR
261		-	-POINT RESTRAINT EPISODES
262		-	THAT INVOLVED AN INDIVIDUAL DIAGNOSED WITH A BEHAVIORAL HEALTH
263		-	DISORDER OR INTELLECTUAL OR DEVELOPMENTAL DISABILITY
264		-	;
265		-	(IX) T
266		-	HE PERCENTAGE OF TOTAL CLINICAL AMBULATORY RESTRAINT
267		-	EPISODES THAT INVOLVED AN INDIVI DUAL WHO WAS SUBJECTED TO THE
268		-	RESTRAINT FOR A SECOND OR SUBSEQUENT EPISODE WITHIN THE YEAR
269		-	, AND
270		-	THE PERCENTAGE OF TOTAL CLINICAL FOUR
271		-	-POINT RESTRAINT EPISODES
272		-	THAT INVOLVED AN INDIVIDUAL WHO WAS SUBJECTED TO THE RESTRAINT
273		-	FOR A SECOND OR SUBSEQUENT EPISODE WITHIN THE YEAR
274		-	;
275		-	(X) T
276		-	HE PERCENTAGE OF TOTAL INVOLUNTARY MEDICATION ORDERS
277		-	THAT INVOLVED AN INDIVIDUAL WHO WAS SUBJECTED TO A SECOND OR
278		-	SUBSEQUENT ORDER WITHIN THE YEAR
279		-	;
280		-	(XI) T
281		-	HE TOTAL NUMBER OF INVOLUNTARY MEDICATION ORDERS
282		-	THAT EXCEEDED ONE HUNDRED EIGHTY DAYS
283		-	; AND
284		-	(XII) AN IMPLEMENTATION PLAN TO CONFORM WITH THE
285		-	REQUIREMENTS PURSUANT TO SUBSECTION
286		-	(1) OF THIS SECTION, INCLUDING
287		-	TIMELINES
288		-	, A SUMMARY OF PROGRESS, AND A COMPLIANCE REPORT.
289		-	(b) B
290		-	EGINNING IN 2024 AND EACH YEAR THEREAFTER , THE
291		-	DEPARTMENT SHALL PRESENT FINDINGS FROM THE REPORT DESCRIBED BY
292		-	THIS SECTION TO THE HOUSE OF REPRESENTATIVES AND SENATE JUDICIARY
293		-	COMMITTEES
294		-	, OR ANY SUCCESSOR COMMITTEES , DURING THE HEARINGS
295		-	HELD PURSUANT TO THE
296		-	"SMART ACT", PART 2 OF ARTICLE 7 OF TITLE 2.
297		-	(c) N
298		-	OTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-136
299		-	(11)(a)(I),
300		-	THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS
301		-	SUBSECTION
302		-	(5) CONTINUES INDEFINITELY.
303		-	(d) T
304		-	HE DEPARTMENT SHALL ENSURE THE REPORT REQUIRED IN THIS
305		-	SUBSECTION
306		-	(5) DOES NOT DISCLOSE ANY INFORMATION IN VIOLATION OF
307		-	APPLICABLE STATE AND FEDERAL LAWS REGARDING THE CONFIDENTIALITY
308		-	PAGE 6-HOUSE BILL 23-1013 OF INDIVIDUALS' INFORMATION.
309		-	(6) A
310		-	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
311		-	REQUIRES
312		-	:
313		-	(a) "C
314		-	LINICAL AMBULATORY RESTRAINT " MEANS A DEVICE USED TO
315		-	INVOLUNTARILY LIMIT AN INDIVIDUAL
316		-	'S FREEDOM OF MOVEMENT, BUT STILL
317		-	PERMITS THE ABILITY OF THE INDIVIDUAL TO WALK AND MOVE WHILE
318		-	SUBJECTED TO THE DEVICE
319		-	.
320		-	(b) "C
321		-	LINICAL FOUR-POINT RESTRAINT" MEANS A DEVICE USED TO
322		-	INVOLUNTARILY LIMIT AN INDIVIDUAL
323		-	'S FREEDOM OF MOVEMENT BY
324		-	SECURING THE INDIVIDUAL
325		-	'S ARMS AND LEGS.
326		-	(c) "C
327		-	LINICAL RESTRAINT" MEANS A DEVICE USED TO
328		-	INVOLUNTARILY LIMIT AN INDIVIDUAL
329		-	'S FREEDOM OF MOVEMENT. "CLINICAL
330		-	RESTRAINT
331		-	" INCLUDES CLINICAL AMBULATORY RESTRAINTS AND CLINICAL
332		-	FOUR
333		-	-POINT RESTRAINTS.
334		-	(d) "C
335		-	ORRECTIONAL FACILITY" HAS THE SAME MEANING AS SET
336		-	FORTH IN SECTION
337		-	17-1-102 (1.7).
338		-	(e) "D
339		-	EPARTMENT" MEANS THE DEPARTMENT OF CORRECTIONS ,
340		-	CREATED AND EXISTING PURSUANT TO SECTION 24-1-128.5.
341		-	(f) "F
342		-	ACILITY" MEANS A CORRECTIONAL FACILITY OR A PRIVATE
343		-	CONTRACT PRISON
344		-	.
345		-	(g) "I
346		-	NVOLUNTARY MEDICATION " MEANS GIVING AN INDIVIDUAL
347		-	MEDICATION INVOLUNTARILY
348		-	; EXCEPT THAT "INVOLUNTARY MEDICATION "
349		-	DOES NOT INCLUDE THE INVOLUNTARY ADMINISTRATION OF MEDICATION OR
350		-	ADMINISTRATION OF MEDICATION FOR VOLUNTARY LIFE
351		-	-SAVING MEDICAL
352		-	PROCEDURES
353		-	.
354		-	(h) "L
355		-	ICENSED OR LICENSE-ELIGIBLE MENTAL HEALTH PROVIDER "
356		-	HAS THE SAME MEANING AS DEFINED IN SECTION 27-60-108 (2)(a), OR
357		-	MEANS A PERSON WHO HAS COMPLETED THE EDUCATION REQUIREMENTS TO
358		-	BE A LICENSED MENTAL HEALTH PROVIDER AS DEFINED IN SECTION
359		-	27-60-108 (2)(a), BUT IS IN THE PROCESS OF COMPLETING THE EXPERIENCE
360		-	AND EXAMINATION REQUIREMENTS TO BECOMING LICENSED
361		-	.
362		-	PAGE 7-HOUSE BILL 23-1013 (i) "PRIVATE CONTRACT PRISON" HAS THE SAME MEANING AS SET
363		-	FORTH IN SECTION
364		-	17-1-102 (7.3).
365		-	(j) "Q
366		-	UALIFIED FACILITY" MEANS:
367		-	(I) A
368		-	CORRECTIONAL FACILITY INFIRMARY ;
369		-	(II) T
370		-	HE SAN CARLOS CORRECTIONAL FACILITY; AND
371		-	(III) THE DENVER WOMEN'S CORRECTIONAL FACILITY.
372		-	(k) "Q
373		-	UALIFIED HEALTH-CARE PROVIDER" MEANS A LICENSED
374		-	PHYSICIAN
375		-	, A LICENSED ADVANCED PRACTICE REGISTERED NURSE , OR A
376		-	LICENSED REGISTERED NURSE
377		-	.
378		-	SECTION 2. In Colorado Revised Statutes, 17-1-113.9, amend (1)
379		-	as follows:
380		-	17-1-113.9. Use of administrative segregation for state inmates
381		-	- reporting. (1) Notwithstanding section 24-1-136 (11)(a)(I), on or before
382		-	January 1, 2012, and each January 1 thereafter, the executive director shall
383		-	provide a written report to the judiciary committees of the senate and house
384		-	of representatives, or any successor committees, concerning the status of
385		-	administrative segregation; reclassification efforts for offenders
386		-	INDIVIDUALS DIAGNOSED with mental BEHAVIORAL health disorders or
387		-	intellectual and developmental disabilities, including duration of stay,
388		-	reason for placement, and number and percentage discharged; and any
389		-	internal reform efforts since July 1, 2011. T
390		-	HE REPORT MUST INCLUDE DATA
391		-	CONCERNING THE PLACEMENT OF INDIVIDUALS IN ALL SETTINGS WITH
392		-	HEIGHTENED RESTRICTIONS
393		-	, INCLUDING THE TOTAL NUMBER OF PLACEMENTS
394		-	IN EACH SETTING
395		-	, THE TOTAL NUMBER OF PLACEMENTS IN EACH SETTING
396		-	INVOLVING AN INDIVIDUAL DIAGNOSED WITH A BEHAVIORAL HEALTH
397		-	DISORDER OR INTELLECTUAL OR DEVELOPMENTAL DISABILITY
398		-	, THE AVERAGE
399		-	DURATION OF STAY OF AN INDIVIDUAL IN EACH SETTING
400		-	, THE REASONS FOR
401		-	PLACEMENT IN EACH SETTING
402		-	, AND THE TOTAL NUMBER OF INDIVIDUALS
403		-	DISCHARGED FROM EACH SETTING
404		-	.
405		-	SECTION 3. Appropriation. (1) For the 2023-24 state fiscal year,
406		-	$18,872 is appropriated to the department of corrections. This appropriation
407		-	is from the general fund. To implement this act, the department may use this
408		-	PAGE 8-HOUSE BILL 23-1013 appropriation as follows:
409		-	(a) $12,000 for the purchase of information technology services; and
410		-	(b) $6,872 for use by institutions for operating expenses related to
411		-	the mental health subprogram.
412		-	(2) For the 2023-24 state fiscal year, $12,000 is appropriated to the
413		-	office of the governor for use by the office of information technology. This
414		-	appropriation is from reappropriated funds received from the department of
415		-	corrections under subsection (1)(a) of this section. To implement this act,
416		-	the office may use this appropriation to provide information technology
417		-	services for the department of corrections.
418		-	SECTION 4. Safety clause. The general assembly hereby finds,
419		-	PAGE 9-HOUSE BILL 23-1013 determines, and declares that this act is necessary for the immediate
420		-	preservation of the public peace, health, or safety.
421		-	____________________________ ____________________________
422		-	Julie McCluskie Steve Fenberg
423		-	SPEAKER OF THE HOUSE PRESIDENT OF
424		-	OF REPRESENTATIVES THE SENATE
425		-	____________________________ ____________________________
426		-	Robin Jones Cindi L. Markwell
427		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
428		-	OF REPRESENTATIVES THE SENATE
429		-	APPROVED________________________________________
430		-	(Date and Time)
431		-	_________________________________________
432		-	Jared S. Polis
433		-	GOVERNOR OF THE STATE OF COLORADO
434		-	PAGE 10-HOUSE BILL 23-1013
	14	+	ONCERNING MEASURES TO REGULA TE THE USE OF RESTRICTIVE101
	15	+	PRACTICES ON INDIVIDUALS IN CORRECTIONAL FACILITIES , AND,
	16	+	102
	17	+	IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .103
	18	+	Bill Summary
	19	+	(Note: This summary applies to this bill as introduced and does
	20	+	not reflect any amendments that may be subsequently adopted. If this bill
	21	+	passes third reading in the house of introduction, a bill summary that
	22	+	applies to the reengrossed version of this bill will be available at
	23	+	http://leg.colorado.gov/
	24	+	.)
	25	+	Legislative Oversight Committee Concerning the Treatment
	26	+	of Persons with Behavioral Health Disorders in the Criminal and
	27	+	Juvenile Justice Systems. The bill prohibits the use of a clinical restraint
	28	+	on an individual, unless:
	29	+	! The use is to prevent the individual from committing
	30	+	SENATE
	31	+	3rd Reading Unamended
	32	+	May 3, 2023
	33	+	SENATE
	34	+	Amended 2nd Reading
	35	+	May 2, 2023
	36	+	HOUSE
	37	+	3rd Reading Unamended
	38	+	April 24, 2023
	39	+	HOUSE
	40	+	Amended 2nd Reading
	41	+	April 21, 2023
	42	+	HOUSE SPONSORSHIP
	43	+	Amabile, , Bacon, Bird, Boesenecker, Brown, deGruy Kennedy, Dickson, Froelich,
	44	+	Gonzales-Gutierrez, Herod, Jodeh, Lindsay, Lindstedt, Mabrey, McCluskie, Michaelson
	45	+	Jenet, Ortiz, Parenti, Sharbini, Sirota, Snyder, Story, Velasco, Weissman, Willford,
	46	+	Woodrow, Young
	47	+	SENATE SPONSORSHIP
	48	+	Fields and Rodriguez, Buckner, Gonzales, Hansen, Jaquez Lewis, Kolker, Marchman,
	49	+	Moreno, Priola
	50	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	51	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	52	+	Dashes through the words or numbers indicate deletions from existing law. imminent and serious harm to the individual's self or
	53	+	another person, based on immediately present evidence and
	54	+	circumstances;
	55	+	! All less restrictive interventions have been exhausted; and
	56	+	! The clinical restraint is ordered by a licensed mental health
	57	+	provider.
	58	+	The bill requires facilities that utilize clinical restraints to
	59	+	implement procedures to ensure frequent and consistent monitoring for
	60	+	the individual subjected to the clinical restraint and uniform
	61	+	documentation procedures concerning the use of the clinical restraint.
	62	+	The bill limits the amount of time an individual may be subjected
	63	+	to a clinical restraint per each restraint episode and within a calendar year.
	64	+	The bill prohibits the use of an involuntary medication on an
	65	+	individual, unless:
	66	+	! The individual is determined to be dangerous to the
	67	+	individual's self or another person and the treatment is in
	68	+	the individual's medical interest;
	69	+	! All less restrictive alternative interventions have been
	70	+	exhausted; and
	71	+	! The involuntary medication is administered after
	72	+	exhaustion of procedural requirements that ensure a
	73	+	hearing, opportunity for review, and right to counsel.
	74	+	The bill requires the department of corrections (department) to
	75	+	submit an annual report to the judiciary committees of the senate and
	76	+	house of representatives with data concerning the use of clinical restraints
	77	+	and involuntary medication in the preceding calendar year.
	78	+	The bill requires the department to include specific data
	79	+	concerning the placement of individuals in settings with heightened
	80	+	restrictions in its annual administrative segregation report.
	81	+	Be it enacted by the General Assembly of the State of Colorado:1
	82	+	SECTION 1. In Colorado Revised Statutes, add 17-1-167 as2
	83	+	follows:3
	84	+	17-1-167. Use of restraints for state inmates - criteria -4
	85	+	documentation - intake assessment - report - rules - definitions.5
	86	+	(1) BY JULY 1, 2027, THE DEPARTMENT SHALL IMPLEMENT POLICIES AND6
	87	+	PRACTICES THAT CONFORM TO THE MINIMUM STANDARDS PRESCRIBED BY7
	88	+	THE MOST UPDATED RESTRAINT AND SECLUSION STANDARDS OF THE8
	89	+	1013-2- NATIONAL COMMISSION ON CORRECTIONAL HEALTH CARE . THE1
	90	+	DEPARTMENT SHALL CONTINUOUSLY AMEND ITS PRACTICES AND POLICIES2
	91	+	TO COMPLY, AT A MINIMUM, WITH THE THOSE MINIMUM STANDARDS .3
	92	+	(2) (a) A FACILITY OR QUALIFIED FACILITY SHALL ENSURE THAT4
	93	+	THE USE OF RESTRAINT IS DOCUMENTED AND MAINTAINED IN THE5
	94	+	ELECTRONIC HEALTH RECORD OF THE INDIVIDUAL WHO WAS RESTRAINED.6
	95	+	AT A MINIMUM, THE FACILITY OR QUALIFIED FACILITY SHALL DOCUMENT:7
	96	+	(I) THE ORDER FOR CLINICAL RESTRAINT, THE DATE AND TIME OF8
	97	+	THE ORDER, AND THE SIGNATURE OF THE LICENSED OR LICENSE-ELIGIBLE9
	98	+	MENTAL HEALTH PROVIDER WHO ISSUED THE CLINICAL RESTRAINT ORDER.10
	99	+	IF THE ORDER IS AUTHORIZED BY TELEPHONE , THE ORDER MUST BE11
	100	+	TRANSCRIBED AND SIGNED AT THE TIME OF ISSUANCE BY A PERSON WITH12
	101	+	AUTHORITY TO ACCEPT ORDERS. THE ORDERING LICENSED OR LICENSE-13
	102	+	ELIGIBLE MENTAL HEALTH PROVIDER SHALL SIGN THE ORDER AS SOON AS14
	103	+	PRACTICABLE.15
	104	+	(II) A CLEAR EXPLANATION OF THE CLINICAL BASIS FOR USE OF THE16
	105	+	CLINICAL RESTRAINT, INCLUDING THE LESS-INTRUSIVE INTERVENTIONS17
	106	+	THAT WERE EMPLOYED AND FAILED, AND EVIDENCE OF THE IMMEDIATE18
	107	+	CIRCUMSTANCES JUSTIFYING THE BELIEF THAT THE USE OF RESTRAINT WAS19
	108	+	TO PREVENT THE INDIVIDUAL FROM COMMITTING IMMINENT AND SERIOUS20
	109	+	HARM TO THE INDIVIDUAL'S SELF OR ANOTHER PERSON;21
	110	+	(III) THE SPECIFIC BEHAVIORAL CRITERIA THE INDIVIDUAL MUST22
	111	+	EXHIBIT FOR THE CLINICAL RESTRAINT EPISODE TO BE TERMINATED ;23
	112	+	(IV) ANY MODIFICATIONS TO THE ORDER , AND THE TIME AND24
	113	+	DATE, AND THE SIGNATURE OF THE LICENSED OR LICENSE-ELIGIBLE25
	114	+	MENTAL HEALTH PROVIDER, OR MENTAL HEALTH CLINICIAN AS DEFINED BY26
	115	+	DEPARTMENT RULE OR DESIGNATED BY THE DEPARTMENT, WHO MODIFIES27
	116	+	1013
	117	+	-3- THE ORDER;1
	118	+	(V) THE DATE AND TIME OF AN ORDER MODIFICATION, THE DATE2
	119	+	AND TIME OF THE MODIFICATION, AND THE SIGNATURE OF THE LICENSED3
	120	+	OR LICENSE-ELIGIBLE MENTAL HEALTH PROVIDER, OR MENTAL HEALTH4
	121	+	CLINICIAN AS DEFINED BY DEPARTMENT RULE OR DESIGNATED BY THE5
	122	+	DEPARTMENT, WHO ISSUED THE CLINICAL RESTRAINT ORDER. IF THE ORDER6
	123	+	IS MODIFIED BY TELEPHONE, THE MODIFICATION MUST BE TRANSCRIBED7
	124	+	AND SIGNED AT THE TIME OF ISSUANCE BY A PERSON WITH AUTHORITY TO8
	125	+	ACCEPT THE MODIFICATION . THE ORDERING LICENSED OR9
	126	+	LICENSE-ELIGIBLE MENTAL HEALTH PROVIDER, OR MENTAL HEALTH10
	127	+	CLINICIAN AS DEFINED BY DEPARTMENT RULE OR DESIGNATED BY THE11
	128	+	DEPARTMENT, SHALL SIGN THE ORDER AS SOON AS PRACTICABLE ; AND12
	129	+	(VI) THE DATE AND TIME OF THE TERMINATION OF THE ORDER, THE13
	130	+	SIGNATURE OF THE PERSON WHO TERMINATED THE ORDER , THE14
	131	+	OBSERVATIONS, AND EVIDENCE THAT THE INDIVIDUAL EXHIBITED15
	132	+	BEHAVIOR JUSTIFYING THE TERMINATION OF THE ORDER .16
	133	+	(b) THE FACILITY OR QUALIFIED FACILITY SHALL ENSURE THE17
	134	+	DOCUMENTATION AND RETENTION REQUIRED PURSUANT TO THIS SECTION18
	135	+	ARE CONDUCTED PURSUANT TO ALL APPLICABLE STATE AND FEDERAL19
	136	+	LAWS REGARDING THE CONFIDENTIALITY OF THE INDIVIDUAL 'S20
	137	+	INFORMATION AND SHALL ENSURE AN INDIVIDUAL MAY ACCESS THE21
	138	+	INFORMATION OR DEMAND RELEASE OF THE INFORMATION TO A THIRD22
	139	+	PARTY.23
	140	+	(3) A QUALIFIED FACILITY SHALL PERFORM AN EVALUATION UPON24
	141	+	EVERY INDIVIDUAL'S INTAKE TO THE RESPECTIVE FACILITY FOR THE25
	142	+	PURPOSE OF ASSESSING THE INDIVIDUAL'S RISK OF SELF-HARM BEHAVIORS26
	143	+	AND WHETHER THE INDIVIDUAL HAS BEEN PREVIOUSLY SUBJECTED TO27
	144	+	1013
	145	+	-4- CLINICAL FOUR-POINT RESTRAINTS. A LICENSED OR LICENSE-ELIGIBLE1
	146	+	MENTAL HEALTH PROVIDER, MENTAL HEALTH CLINICIAN AS DEFINED BY2
	147	+	DEPARTMENT RULE OR DESIGNATED BY THE DEPARTMENT, QUALIFIED3
	148	+	HEALTH-CARE PROVIDER, OR MENTAL HEALTH ADMINISTRATOR SHALL4
	149	+	INITIATE APPROPRIATE SAFETY PLANNING TO ADDRESS CONCERNS AND5
	150	+	ATTEMPT TO AVOID THE USE OF CLINICAL RESTRAINTS , IF POSSIBLE.6
	151	+	(4) (a) SUBJECT TO THE PROVISIONS OF THIS SECTION, A QUALIFIED7
	152	+	FACILITY SHALL NOT USE AN INVOLUNTARY MEDICATION ON AN8
	153	+	INDIVIDUAL UNLESS:9
	154	+	(I) THE INDIVIDUAL IS DETERMINED TO BE DANGEROUS TO THE10
	155	+	INDIVIDUAL'S SELF OR ANOTHER PERSON, AND THE TREATMENT IS IN THE11
	156	+	INDIVIDUAL'S MEDICAL INTEREST;12
	157	+	(II) THE QUALIFIED FACILITY HAS EXHAUSTED ALL13
	158	+	LESS-RESTRICTIVE ALTERNATIVE INTERVENTIONS ;14
	159	+	(III) THE INVOLUNTARY MEDICATION IS ADMINISTERED AFTER15
	160	+	EXHAUSTION OF PROCEDURAL REQUIREMENTS ESTABLISHED PURSUANT TO16
	161	+	THIS SECTION; AND17
	162	+	(IV) THE MAJORITY OF THE INVOLUNTARY MEDICATION18
	163	+	COMMITTEE DESCRIBED IN SUBSECTION (4)(b) OF THIS SECTION APPROVES19
	164	+	OF THE INVOLUNTARY MEDICATION .20
	165	+	(b) THE QUALIFIED FACILITY SHALL CONVENE AN INVOLUNTARY21
	166	+	MEDICATION COMMITTEE, COMPRISED OF A LICENSED PSYCHIATRIST, A22
	167	+	LICENSED PSYCHOLOGIST, A LICENSED OR LICENSE-ELIGIBLE MENTAL23
	168	+	HEALTH PROVIDER, AND THE SUPERINTENDENT OF THE QUALIFIED FACILITY24
	169	+	OR THE SUPERINTENDENT'S DESIGNEE.25
	170	+	(c) AN ORDER FOR AN INVOLUNTARY MEDICATION MUST NOT :26
	171	+	(I) EXCEED ONE HUNDRED EIGHTY DAYS FROM THE DATE OF THE27
	172	+	1013
	173	+	-5- ORDER; AND1
	174	+	(II) PERMIT THE USE OF MORE THAN TEN DIFFERENT PSYCHOTROPIC2
	175	+	MEDICATIONS DURING THE ONE HUNDRED EIGHTY-DAY PERIOD. THIS DOES3
	176	+	NOT LIMIT THE AMOUNT OF DOSES OF THE MEDICATIONS TO BE4
	177	+	ADMINISTERED, AS MEDICALLY APPROPRIATE.5
	178	+	(d) A QUALIFIED FACILITY SHALL ENSURE THAT THE USE OF6
	179	+	INVOLUNTARY MEDICATION IS DOCUMENTED AND MAINTAINED IN THE7
	180	+	INDIVIDUAL'S ELECTRONIC HEALTH RECORD. AT A MINIMUM, THE8
	181	+	QUALIFIED FACILITY SHALL DOCUMENT :9
	182	+	(I) THE ORDER FOR INVOLUNTARY MEDICATION ;10
	183	+	(II) THE DATE AND TIME OF THE ORDER; AND11
	184	+	(III) A CLEAR EXPLANATION OF THE CLINICAL BASIS FOR USE OF12
	185	+	THE INVOLUNTARY MEDICATION, INCLUDING THE LESS-INTRUSIVE13
	186	+	INTERVENTIONS THAT WERE EMPLOYED AND FAILED AND EVIDENCE OF THE14
	187	+	IMMEDIATE CIRCUMSTANCES JUSTIFYING THE DETERMINATION THAT THE15
	188	+	INDIVIDUAL IS DANGEROUS TO THE INDIVIDUAL 'S SELF OR ANOTHER16
	189	+	PERSON AND THAT THE TREATMENT IS IN THE INDIVI DUAL'S MEDICAL17
	190	+	INTEREST.18
	191	+	(e) THE FACILITY OR QUALIFIED FACILITY SHALL ENSURE THE19
	192	+	DOCUMENTATION AND MAINTENANCE REQUIRED PURSUANT TO THIS20
	193	+	SECTION ARE CONDUCTED PURSUANT TO ALL APPLICABLE STATE AND21
	194	+	FEDERAL LAWS REGARDING THE CONFIDENTIALITY OF THE INFORMATION.22
	195	+	(f) THIS SUBSECTION (4) DOES NOT APPLY TO EMERGENCY23
	196	+	MEDICINE ADMINISTERED PURSUANT TO DEPARTMENT POLICY .24
	197	+	(5) (a) ON OR BEFORE JANUARY 1, 2024 AND ON OR BEFORE25
	198	+	JANUARY 1 EACH YEAR THEREAFTER, THE EXECUTIVE DIRECTOR OF THE26
	199	+	DEPARTMENT SHALL SUBMIT A REPORT TO THE JUDICIARY COMMITTEES OF27
	200	+	1013
	201	+	-6- THE SENATE AND HOUSE OF REPRESENTATIVES , OR ANY SUCCESSOR1
	202	+	COMMITTEES, CONCERNING THE USE OF CLINICAL RESTRAINTS AND2
	203	+	INVOLUNTARY MEDICATION IN THE PRECEDING CALENDAR YEAR. AT A3
	204	+	MINIMUM, THE REPORT MUST INCLUDE:4
	205	+	(I) THE TOTAL NUMBER OF CLINICAL AMBULATORY RESTRAINT5
	206	+	EPISODES AND CLINICAL FOUR-POINT RESTRAINT EPISODES;6
	207	+	(II) THE TOTAL NUMBER OF INVOLUNTARY MEDICATION ORDERS7
	208	+	ISSUED;8
	209	+	(III) THE AVERAGE AMOUNT OF TIME OF A CLINICAL AMBULATORY9
	210	+	RESTRAINT EPISODE AND CLINICAL FOUR -POINT RESTRAINT EPISODE;10
	211	+	(IV) THE AVERAGE DURATION OF INVOLUNTARY MEDICATION11
	212	+	ORDERS ISSUED;12
	213	+	(V) THE LONGEST CLINICAL AMBULATORY RESTRAINT EPISODE13
	214	+	AND THE LONGEST CLINICAL FOUR-POINT RESTRAINT EPISODE;14
	215	+	(VI) THE PERCENTAGE OF TOTAL CLINICAL AMBULATORY15
	216	+	RESTRAINT EPISODES THAT EXCEEDED TWO HOURS, AND THE PERCENTAGE16
	217	+	OF TOTAL CLINICAL FOUR-POINT RESTRAINT EPISODES THAT EXCEEDED17
	218	+	TWO HOURS;18
	219	+	(VII) THE PERCENTAGE OF TOTAL CLINICAL AMBULATORY19
	220	+	RESTRAINT EPISODES THAT INVOLVED AN INDIVIDUAL DIAGNOSED WITH A20
	221	+	BEHAVIORAL HEALTH DISORDER OR INTELLECTUAL OR DEVELOPMENTAL21
	222	+	DISABILITY, AND THE PERCENTAGE OF TOTAL CLINICAL FOUR -POINT22
	223	+	RESTRAINT EPISODES THAT INVOLVED AN INDIVIDUAL DIAGNOSED WITH A23
	224	+	BEHAVIORAL HEALTH DISORDER OR INTELLECTUAL OR DEVELOPMENTAL24
	225	+	DISABILITY;25
	226	+	(VIII) THE PERCENTAGE OF TOTAL INVOLUNTARY MEDICATION26
	227	+	ORDERS THAT INVOLVED AN INDIVIDUAL DIAGNOSED WITH A BEHAVIORAL27
	228	+	1013
	229	+	-7- HEALTH DISORDER OR INTELLECTUAL OR DEVELOPMENTAL DISABILITY,1
	230	+	AND THE PERCENTAGE OF TOTAL CLINICAL FOUR-POINT RESTRAINT2
	231	+	EPISODES THAT INVOLVED AN INDIVIDUAL DIAGNOSED WITH A3
	232	+	BEHAVIORAL HEALTH DISORDER OR INTELLECTUAL OR DEVELOPMENTAL4
	233	+	DISABILITY;5
	234	+	(IX) THE PERCENTAGE OF TOTAL CLINICAL AMBULATORY6
	235	+	RESTRAINT EPISODES THAT INVOLVED AN INDIVIDUAL WHO WAS7
	236	+	SUBJECTED TO THE RESTRAINT FOR A SECOND OR SUBSEQUENT EPISODE8
	237	+	WITHIN THE YEAR, AND THE PERCENTAGE OF TOTAL CLINICAL FOUR-POINT9
	238	+	RESTRAINT EPISODES THAT INVOLVED AN INDIVIDUAL WHO WAS10
	239	+	SUBJECTED TO THE RESTRAINT FOR A SECOND OR SUBSEQUENT EPISODE11
	240	+	WITHIN THE YEAR;12
	241	+	(X) THE PERCENTAGE OF TOTAL INVOLUNTARY MEDICATION13
	242	+	ORDERS THAT INVOLVED AN INDIVIDUAL WHO WAS SUBJECTED TO A14
	243	+	SECOND OR SUBSEQUENT ORDER WITHIN THE YEAR ;15
	244	+	(XI) THE TOTAL NUMBER OF INVOLUNTARY MEDICATION ORDERS16
	245	+	THAT EXCEEDED ONE HUNDRED EIGHTY DAYS ; AND17
	246	+	(XII) AN IMPLEMENTATION PLAN TO CONFORM WITH THE18
	247	+	REQUIREMENTS PURSUANT TO SUBSECTION (1) OF THIS SECTION,19
	248	+	INCLUDING TIME LINES, A SUMMARY OF PROGRESS, AND A COMPLIANCE20
	249	+	REPORT.21
	250	+	(b) BEGINNING IN 2024 AND EACH YEAR THEREAFTER, THE22
	251	+	DEPARTMENT SHALL PRESENT FINDINGS FROM THE REPORT DESCRIBED BY23
	252	+	THIS SECTION TO THE HOUSE OF REPRESENTATIVES AND SENATE JUDICIARY24
	253	+	COMMITTEES, OR ANY SUCCESSOR COMMITTEES, DURING THE HEARINGS25
	254	+	HELD PURSUANT TO THE "SMART ACT", PART 2 OF ARTICLE 7 OF TITLE 2.26
	255	+	(c) NOTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-13627
	256	+	1013
	257	+	-8- (11)(a)(I), THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS1
	258	+	SUBSECTION (5) CONTINUES INDEFINITELY.2
	259	+	(d) THE DEPARTMENT SHALL ENSURE THE REPORT REQUIRED IN3
	260	+	THIS SUBSECTION (5) DOES NOT DISCLOSE ANY INFORMATION IN VIOLATION4
	261	+	OF APPLICABLE STATE AND FEDERAL LAWS REGARDING THE5
	262	+	CONFIDENTIALITY OF INDIVIDUALS' INFORMATION.6
	263	+	(6) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE7
	264	+	REQUIRES:8
	265	+	(a) "CLINICAL AMBULATORY RESTRAINT " MEANS A DEVICE USED9
	266	+	TO INVOLUNTARILY LIMIT AN INDIVIDUAL'S FREEDOM OF MOVEMENT, BUT10
	267	+	STILL PERMITS THE ABILITY OF THE INDIVIDUAL TO WALK AND MOVE11
	268	+	WHILE SUBJECTED TO THE DEVICE.12
	269	+	(b) "CLINICAL FOUR-POINT RESTRAINT" MEANS A DEVICE USED TO13
	270	+	INVOLUNTARILY LIMIT AN INDIVIDUAL'S FREEDOM OF MOVEMENT BY14
	271	+	SECURING THE INDIVIDUAL'S ARMS AND LEGS.15
	272	+	(c) "CLINICAL RESTRAINT" MEANS A DEVICE USED TO16
	273	+	INVOLUNTARILY LIMIT AN INDIVIDUAL'S FREEDOM OF MOVEMENT.17
	274	+	"CLINICAL RESTRAINT" INCLUDES CLINICAL AMBULATORY RESTRAINTS18
	275	+	AND CLINICAL FOUR-POINT RESTRAINTS.19
	276	+	(d) "CORRECTIONAL FACILITY" HAS THE SAME MEANING AS SET20
	277	+	FORTH IN SECTION 17-1-102 (1.7).21
	278	+	(e) "DEPARTMENT" MEANS THE DEPARTMENT OF CORRECTIONS,22
	279	+	CREATED AND EXISTING PURSUANT TO SECTION 24-1-128.5.23
	280	+	(f) "FACILITY" MEANS A CORRECTIONAL FACILITY OR A PRIVATE24
	281	+	CONTRACT PRISON.25
	282	+	(g) "INVOLUNTARY MEDICATION " MEANS GIVING AN INDIVIDUAL26
	283	+	MEDICATION INVOLUNTARILY; EXCEPT THAT "INVOLUNTARY MEDICATION"27
	284	+	1013
	285	+	-9- DOES NOT INCLUDE THE INVOLUNTARY ADMINISTRATION OF MEDICATION1
	286	+	OR ADMINISTRATION OF MEDICATION FOR VOLUNTARY LIFE-SAVING2
	287	+	MEDICAL PROCEDURES.3
	288	+	(h) "LICENSED OR LICENSE-ELIGIBLE MENTAL HEALTH PROVIDER"4
	289	+	HAS THE SAME MEANING AS DEFINED IN SECTION 27-60-108 (2)(a), OR5
	290	+	MEANS A PERSON WHO HAS COMPLETED THE EDUCATION REQUIREMENTS6
	291	+	TO BE A LICENSED MENTAL HEALTH PROVIDER AS DEFINED IN SECTION7
	292	+	27-60-108 (2)(a), BUT IS IN THE PROCESS OF COMPLETING THE EXPERIENCE8
	293	+	AND EXAMINATION REQUIREMENTS TO BECOMING LICENSED .9
	294	+	(i) "PRIVATE CONTRACT PRISON" HAS THE SAME MEANING AS SET10
	295	+	FORTH IN SECTION 17-1-102 (7.3).11
	296	+	(j) "QUALIFIED FACILITY" MEANS:12
	297	+	(I) A CORRECTIONAL FACILITY INFIRMARY ;13
	298	+	(II) THE SAN CARLOS CORRECTIONAL FACILITY; AND14
	299	+	(III) THE DENVER WOMEN'S CORRECTIONAL FACILITY.15
	300	+	(k) "QUALIFIED HEALTH-CARE PROVIDER" MEANS A LICENSED16
	301	+	PHYSICIAN, A LICENSED ADVANCED PRACTICE REGISTERED NURSE, OR A17
	302	+	LICENSED REGISTERED NURSE.18
	303	+	SECTION 2. In Colorado Revised Statutes, 17-1-113.9, amend19
	304	+	(1) as follows:20
	305	+	17-1-113.9. Use of administrative segregation for state inmates21
	306	+	- reporting. (1) Notwithstanding section 24-1-136 (11)(a)(I), on or22
	307	+	before January 1, 2012, and each January 1 thereafter, the executive23
	308	+	director shall provide a written report to the judiciary committees of the24
	309	+	senate and house of representatives, or any successor committees,25
	310	+	concerning the status of administrative segregation; reclassification26
	311	+	efforts for offenders INDIVIDUALS DIAGNOSED with mental BEHAVIORAL27
	312	+	1013
	313	+	-10- health disorders or intellectual and developmental disabilities, including1
	314	+	duration of stay, reason for placement, and number and percentage2
	315	+	discharged; and any internal reform efforts since July 1, 2011. THE3
	316	+	REPORT MUST INCLUDE DATA CONCERNING THE PLACEMENT OF4
	317	+	INDIVIDUALS IN ALL SETTINGS WITH HEIGHTENED RESTRICTIONS,5
	318	+	INCLUDING THE TOTAL NUMBER OF PLACEMENTS IN EACH SETTING, THE6
	319	+	TOTAL NUMBER OF PLACEMENTS IN EACH SETTING INVOLVING AN7
	320	+	INDIVIDUAL DIAGNOSED WITH A BEHAVIORAL HEALTH DISORDER OR8
	321	+	INTELLECTUAL OR DEVELOPMENTAL DISABILITY , THE AVERAGE DURATION9
	322	+	OF STAY OF AN INDIVIDUAL IN EACH SETTING, THE REASONS FOR10
	323	+	PLACEMENT IN EACH SETTING, AND THE TOTAL NUMBER OF INDIVIDUALS11
	324	+	DISCHARGED FROM EACH SETTING .12
	325	+	SECTION 3. Appropriation. (1) For the 2023-24 state fiscal13
	326	+	year, $18,872 is appropriated to the department of corrections. This14
	327	+	appropriation is from the general fund. To implement this act, the15
	328	+	department may use this appropriation as follows:16
	329	+	(a) $12,000 for the purchase of information technology services;17
	330	+	and18
	331	+	(b) $6,872 for use by institutions for operating expenses related19
	332	+	to the mental health subprogram.20
	333	+	(2) For the 2023-24 state fiscal year, $12,000 is appropriated to21
	334	+	the office of the governor for use by the office of information technology.22
	335	+	This appropriation is from reappropriated funds received from the23
	336	+	department of corrections under subsection (1)(a) of this section. To24
	337	+	implement this act, the office may use this appropriation to provide25
	338	+	information technology services for the department of corrections.26
	339	+	SECTION 4. Safety clause. The general assembly hereby finds,27
	340	+	1013
	341	+	-11- determines, and declares that this act is necessary for the immediate1
	342	+	preservation of the public peace, health, or safety.2
	343	+	1013
	344	+	-12-