First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 23-0955.01 Michael Dohr x4347
HOUSE BILL 23-1268
House Committees Senate Committees
Public & Behavioral Health & Human Services Judiciary
A BILL FOR AN ACT
C
ONCERNING CHANGES TO THE PROCESS FOR A PERSON SERVING A101
CRIMINAL SENTENCE IN COLORADO FOR A CONVICTION IN102
ANOTHER STATE TO PARTICIPATE IN A PRIVATE TREATMENT103
PROGRAM.104
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
.)
Colorado participates in an interstate compact that allows a person
convicted of a crime in another state to have the person's probation or
parole supervised in Colorado (supervised person) and allows a person
SENATE
2nd Reading Unamended
May 2, 2023
HOUSE
3rd Reading Unamended
April 14, 2023
HOUSE
Amended 2nd Reading
April 13, 2023
HOUSE SPONSORSHIP
Lukens and Evans, Boesenecker, Brown, Duran, English, Gonzales-Gutierrez, Hamrick,
Herod, Jodeh, Lieder, Lindsay, Marshall, Story, Young
SENATE SPONSORSHIP
Roberts and Pelton B.,
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. convicted in another state who is not required to be supervised to
complete the person's court-ordered treatment in Colorado (unsupervised
person). The bill clarifies the process for treating a supervised or
unsupervised person in a private treatment program in Colorado. A
private treatment program is a program that provides substance use
treatment, sex offender management services, or domestic violence
services (program). The bill directs the program to assist the supervised
or unsupervised person with registering with the interstate compact
administrator. The department of corrections (department) is required to
complete a criminal history records check of the supervised or
unsupervised person to verify that the person is a supervised or
unsupervised person. The bill specifies the requirements for programs
when the participant is a supervised person.
Current law subjects a program or supervised person to a
misdemeanor for violating the provisions of the interstate compact. The
bill states that a violation may be reported to the program's appropriate
licensing, certifying, or approving agency for potential corrective action.
The bill requires the department to periodically update the out-of-state
offender questionnaire used by private treatment program providers.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 17-27.1-101, amend2
(2)(d), (2)(f), (2)(h), (3)(b), (5), (6), (7), and (9); repeal (4); and add (7.5)3
and (13) as follows:4
17-27.1-101. Nongovernmental facilities for offenders -5
registration - notifications - penalties - definitions. (2) As used in this6
section, unless the context otherwise requires:7
(d) "Private treatment program" means any residential or8
nonresidential program that provides services, treatment, rehabilitation,9
education, or criminal-history-related treatment for supervised or10
unsupervised persons but does not include
IN NEED OF SUBSTANCE USE11
TREATMENT, SEX OFFENDER MANAGEMENT SERVICES , OR DOMESTIC12
VIOLENCE SERVICES REQUIRED AS PART OF THE SENDING STATE 'S13
SENTENCE. "PRIVATE TREATMENT PROGRAM " DOES NOT INCLUDE A14
1268-2- LICENSED BEHAVIORAL HEALTH ENTITY ENDORSED TO PROVIDE CRISIS1
CARE OR WITHDRAWAL MANAGEMENT , a private contract prison facility,2
a prison facility operated by a political subdivision of the state, a facility3
providing treatment for persons with mental health disorders or4
intellectual and developmental disabilities, or a community corrections5
program established pursuant to article 27 of this title 17.6
(f) "Supervised person" means a person eighteen years of age or7
older who is adjudicated for or convicted of or has agreed to a deferred8
judgment, deferred sentence, or deferred prosecution for a crime in9
another state but is or will be under the supervision of a probation officer10
or community parole officer in Colorado pursuant to the interstate11
compact. "S
UPERVISED INDIVIDUAL" DOES NOT INCLUDE AN INDIVIDUAL12
CHARGED WITH A CRIME , BUT NOT CONVICTED AND SENTENCED , IN A13
SENDING STATE.14
(h) "Unsupervised person" means a person eighteen years of age15
or older who, although not required to be under the jurisdiction of a16
probation officer or community parole officer in Colorado, is adjudicated17
for or convicted of or has agreed to a deferred judgment, deferred18
sentence, or deferred prosecution for a crime outside of the state of19
Colorado and is directed to attend a private treatment program in20
Colorado by any court, department of corrections, state board of parole,21
probation department, parole division, adult diversion program, or any22
other similar entity or program in a state other than Colorado.23
"U
NSUPERVISED INDIVIDUAL" DOES NOT INCLUDE AN INDIVIDUAL24
CHARGED WITH A CRIME , BUT NOT CONVICTED AND SENTENCED , IN A25
SENDING STATE.26
(3) (b) A sending state shall not permit travel of a supervised27
1268
-3- person who is a nonresident of this state to the state of Colorado without1
written notification from the compact administrator of acceptance of the2
supervised person into a private treatment program
WHEN TREATMENT IS3
REQUIRED BY LAW OR AS PART OF THE SENDING STATE 'S SENTENCE.4
(4) No private treatment program in Colorado shall admit or
5
accept a supervised or unsupervised person into the program unless the6
supervised or unsupervised person has signed a waiver that authorizes the7
release of confidential information.8
(5) A private treatment program in Colorado shall not admit or9
accept THAT ADMITS OR ACCEPTS a supervised or unsupervised person10
into the program unless the program: SHALL, IMMEDIATELY FOLLOWING11
INTAKE TO THE PROGRAM , NOTIFY THE SUPERVISED OR UNSUPERVISED12
PERSON OF THE PERSON 'S NEED TO REGISTER WITH THE COMPACT13
ADMINISTRATOR AND SHALL ASSIST THE SUPERVISED OR UNSUPERVISED14
PERSON IN PROVIDING THE PERSON 'S NAME, DATE OF BIRTH, PROOF OF15
IDENTIFICATION, AND ANY NECESSARY RELEASE OF INFORMATION TO THE16
COMPACT ADMINISTRATOR IMMEDIATELY SO THE DEPARTMENT MAY17
COMPLETE A COMPLETE CRIMINAL HISTORY RECORDS CHECK OF THE18
PERSON AS SHOWN BY A NATIONAL CRIMINAL INFORMATION CHECK .19
(a) Is registered with the compact administrator, and, if the person20
is a supervised person, the private treatment program is:21
(I) Approved by the behavioral health administration in the22
department of human services if the program provides alcohol or drug23
abuse treatment;24
(II) Certified or approved by the sex offender management board,25
established in section 16-11.7-103, C.R.S., if the program provides sex26
offender treatment;27
1268
-4- (III) Certified or approved by a domestic violence treatment1
board, established pursuant to part 8 of article 6 of title 18, C.R.S., if the2
program provides treatment for persons who were convicted of an act of3
domestic violence as defined in section 18-6-800.3, C.R.S., or of an act4
for which the underlying factual basis included an act of domestic5
violence; or6
(IV) Licensed or certified by the division of adult parole in the7
department of corrections, the department of regulatory agencies, the8
behavioral health administration in the department of human services, the9
state board of nursing, or the Colorado medical board if the program10
provides treatment that requires certification or licensure;11
(b) If the person is unsupervised, has notified the compact12
administrator of the following information for each such unsupervised13
person:14
(I) Name, date and place of birth, and social security number;15
(II) Complete criminal history of the person as shown by a16
national criminal information check;17
(III) Name and address of any court, department, board of parole,18
probation department, parole division, adult diversion program, or other19
similar entity or program having jurisdiction over the person; and20
(IV) Terms and conditions under which the person is required or21
directed to attend the program; and22
(c) (I) If the person is supervised and is a resident of the state of23
Colorado, has confirmed that the sending state has provided all24
information concerning the supervised person required by the interstate25
compact to the compact administrator; and26
(II) If the person is supervised and is a nonresident of the state of27
1268
-5- Colorado, has confirmed that the compact administrator has accepted the1
person for placement in the private treatment program.2
(6) (a) Pursuant to criteria established by the interstate compact,3
the compact administrator shall either accept or reject the placement of4
the supervised person in the private treatment program. THE DEPARTMENT5
SHALL, WITHIN FORTY-EIGHT HOURS, RUN A COMPLETE CRIMINAL HISTORY6
RECORDS CHECK ON THE INDIVIDUAL AND VERIFY THE PERSON IS A7
SUPERVISED OR AN UNSUPERVISED PERSON . IF THE PERSON IS DETERMINED8
TO BE A SUPERVISED OR AN UNSUPERVISED PERSON , THE DEPARTMENT9
SHALL IMMEDIATELY NOTIFY THE PRIVATE TREATMENT PROGRAM AND THE10
CHIEF LAW ENFORCEMENT OFFICIAL WHERE THE PRIVATE TREATMENT11
PROGRAM IS LOCATED AND, IF SUPERVISED, THE PERSON'S PROBATION OR12
COMMUNITY PAROLE OFFICER , OF THE PERSON'S STATUS.13
(b) For all unsupervised persons and for supervised persons that14
the compact administrator accepts for placement in a private treatment15
program, the compact administrator shall immediately notify the16
appropriate chief law enforcement official and the director of the17
Colorado bureau of investigation. PURSUANT TO CRITERIA ESTABLISHED18
BY THE INTERSTATE COMPACT , THE COMPACT ADMINISTRATOR SHALL19
EITHER ACCEPT OR REJECT THE PLACEMENT OF THE SUPERVISED PERSON20
IN THE PRIVATE TREATMENT PROGRAM .21
(c) (Deleted by amendment, L. 2000, p. 232, ยง 1, effective July 1,22
2000.)23
(d) F
OR ALL UNSUPERVISED PERSONS AND FOR SUPERVISED24
PERSONS THAT THE COMPACT ADMINISTRATOR ACCEPTS FOR PLACEMENT25
IN A PRIVATE TREATMENT PROGRAM , THE COMPACT ADMINISTRATOR26
SHALL IMMEDIATELY NOTIFY THE DIRECTOR OF THE COLORADO BUREAU27
1268
-6- OF INVESTIGATION.1
(7) By written policy, a local law enforcement agency shall2
require a supervised or unsupervised person to physically appear at the3
local law enforcement agency for fingerprinting and photographing. THE4
DEPARTMENT SHALL NOTIFY THE PRIVATE TREATMENT PROGRAM AND5
CHIEF LAW ENFORCEMENT OFFICIAL WHERE THE PRIVATE TREATMENT6
PROGRAM IS LOCATED IF THE PERSON IS DETERMINED TO BE A SUPERVISED7
OR AN UNSUPERVISED PERSON.8
(7.5) (a) A
SUPERVISED OR AN UNSUPERVISED PERSON MAY BE9
REQUIRED TO APPEAR AT A LAW ENFORCEMENT AGENCY FOR10
FINGERPRINTING AND PHOTOGRAPHING . A PROBATION DEPARTMENT, THE11
DIVISION OF PAROLE, OR OTHER AGENCY RESPONSIBLE FOR SUPERVISING12
A SUPERVISED PERSON IS RESPONSIBLE FOR NOTIFYING THE PERSON OF THE13
FINGERPRINTING AND PHOTOGRAPHING REQUIREMENT . THE COMPACT14
ADMINISTRATOR SHALL ARRANGE FOR NOTIFICATION TO AN UNSUPERVISED15
PERSON OF THE FINGERPRINTING AND PHOTOGRAPHING REQUIREMENT AND16
MAY REQUIRE AUTHORITIES IN THE SENDING STATE TO ASSIST WITH17
NOTIFICATION. A LAW ENFORCEMENT AGENCY SHALL TAKE PHOTOGRAPHS18
AND FINGERPRINTS OF A SUPERVISED OR UNSUPERVISED PERSON AS19
REQUIRED BUT MAY SET REASONABLE LIMITATIONS ON THE HOURS AND20
LOCATION.21
(b) F
OR A SUPERVISED PERSON , THE PRIVATE TREATMENT22
PROGRAM MUST BE:23
(I) A
PPROVED BY THE BEHAVIORAL HEALTH ADMINISTRATION IN24
THE DEPARTMENT OF HUMAN SERVICES IF THE PROGRAM PROVIDES25
ALCOHOL OR SUBSTANCE USE TREATMENT TO A SUPERVISED PERSON IF THE26
TREATMENT WOULD BE REQUIRED IF THE OFFENSE HAD BEEN COMMITTED27
1268
-7- IN COLORADO;1
(II) C
ERTIFIED OR APPROVED BY THE SEX OFFENDER MANAGEMENT2
BOARD, ESTABLISHED IN SECTION 16-11.7-103, IF THE PROGRAM PROVIDES3
SEX OFFENDER TREATMENT TO A SUPERVISED PERSON IF THE TREATMENT4
WOULD BE REQUIRED IF THE OFFENSE HAD BEEN COMMITTED IN5
C
OLORADO;6
(III) C
ERTIFIED OR APPROVED BY THE DOMESTIC VIOLENCE7
OFFENDER MANAGEMENT BOARD , ESTABLISHED IN SECTION 16-11.8-103,8
IF THE PROGRAM PROVIDES TREATMENT TO A SUPERVISED PERSON IF THE9
TREATMENT FOR AN OFFENSE IF COMMITTED IN COLORADO WOULD HAVE10
BEEN AN ACT OF DOMESTIC VIOLENCE AS DEFINED IN SECTION 18-6-800.3,11
OR OF AN ACT FOR WHICH THE UNDERLYING FACTUAL BASIS INCLUDED AN12
ACT OF DOMESTIC VIOLENCE; OR13
(IV) L
ICENSED OR CERTIFIED BY THE DIVISION OF ADULT PAROLE14
IN THE DEPARTMENT OF CORRECTIONS, THE DEPARTMENT OF REGULATORY15
AGENCIES, THE BEHAVIORAL HEALTH ADMINISTRATION IN THE16
DEPARTMENT OF HUMAN SERVICES , THE STATE BOARD OF NURSING, OR THE17
C
OLORADO MEDICAL BOARD , IF THE PROGRAM PROVIDES TREATMENT18
THAT REQUIRES CERTIFICATION OR LICENSURE .19
(c) (I) I
F THE SUPERVISED PERSON IS A RESIDENT OF THE STATE OF20
C
OLORADO, THE SUPERVISED PERSON SHALL CONFIRM THAT THE SENDING21
STATE HAS PROVIDED ALL INFORMATION CONCERNING THE SUPERVISED22
PERSON REQUIRED BY THE INTERSTATE COMPACT TO THE COMPACT23
ADMINISTRATOR.24
(II) I
F THE SUPERVISED PERSON IS A NONRESIDENT OF THE STATE25
OF COLORADO, THE SUPERVISED PERSON SHALL CONFIRM THAT THE26
COMPACT ADMINISTRATOR HAS ACCEPTED THE PERSON FOR PLACEMENT27
1268
-8- IN THE PRIVATE TREATMENT PROGRAM .1
(9) (a) Any private treatment program or supervising person that2
violates this section commits a misdemeanor. Upon a first conviction, the3
private treatment program or supervising person shall be punished by a4
fine of five hundred dollars. Upon a second conviction, a private5
treatment program or supervising person shall be punished by a fine of6
one thousand dollars. Upon a third or subsequent conviction, a private7
treatment program or supervising person shall be punished by a fine of8
five thousand dollars MAY BE REPORTED TO THE APPROPRIATE LICENSING ,9
CERTIFYING, OR APPROVING AGENCY RESPONSIBLE FOR OVERSIGHT OF THE10
PRIVATE TREATMENT PROGRAM FOR POTENTIAL CORRECTIVE ACTION .11
(b) Each failure to comply with a provision of this section by a12
private treatment program or supervising person relating to a different13
person constitutes a separate violation.14
(13) T
HE DEPARTMENT SHALL PERIODICALLY UPDATE THE15
OUT-OF-STATE OFFENDER QUESTIONNAIRE USED BY PRIVATE TREATMENT16
PROVIDERS. IN UPDATING THE QUESTIONNAIRE , THE DEPARTMENT SHALL17
ENGAGE STAKEHOLDERS , INCLUDING, BUT NOT LIMITED TO , THE18
BEHAVIORAL HEALTH ADMINISTRATION IN THE DEPARTMENT OF HUMAN19
SERVICES, SUBSTANCE USE TREATMENT PROVIDERS , LAW ENFORCEMENT,20
THE OFFICE OF THE STATE PUBLIC DEFENDER , AND OTHER CONCERNED21
STAKEHOLDERS.22
SECTION 2. In Colorado Revised Statutes, 25-1-1202, repeal23
(1)(bb) as follows:24
25-1-1202. Index of statutory sections regarding medical25
record confidentiality and health information. (1) Statutory provisions26
concerning policies, procedures, and references to the release, sharing,27
1268
-9- and use of medical records and health information include the following:1
(bb) Section 17-27.1-101 (4), C.R.S., concerning2
nongovernmental facilities for offenders and the waiver of confidential3
information;4
SECTION 3. In Colorado Revised Statutes, 18-6-801, amend5
(1)(a) and (1)(b) as follows:6
18-6-801. Domestic violence - sentencing. (1) (a) In addition to7
any sentence that is imposed upon a person for violation of any criminal8
law under this title TITLE 18, any person who is convicted of any crime,9
the underlying factual basis of which has been found by the court on the10
record to include an act of domestic violence, as defined in section11
18-6-800.3 (1), or any crime against property, whether or not such crime12
is a felony, when such crime is used as a method of coercion, control,13
punishment, intimidation, or revenge directed against a person with whom14
the actor is or has been involved in an intimate relationship shall be15
ordered to complete a treatment program and a treatment evaluation that16
conform with the standards adopted by the domestic violence offender17
management board as required by section 16-11.8-103 (4); C.R.S.,18
EXCEPT A PERSON GRANTED PROBATION WHOSE SUPERVISION IS19
TRANSFERRED TO ANOTHER STATE PURSUANT TO THE INTERSTATE20
COMPACT FOR THE SUPERVISION OF ADULT OFFENDERS SHALL FOLLOW THE21
REQUIREMENTS FOR A TREATMENT EVALUATION AND A TREATMENT22
PROGRAM OF THE STATE WHERE THE PERSON IS BEING SUPERVISED.23
EXCEPT FOR A PERSON GRANTED PROBATION WHOSE SUPERVISION IS24
TRANSFERRED PURSUANT TO THE INTERSTATE COMPACT FOR THE25
SUPERVISION OF ADULT OFFENDERS, if an intake evaluation conducted by26
an approved treatment program provider discloses that sentencing to a27
1268
-10- treatment program would be inappropriate, the person shall be referred1
back to the court for alternative disposition.2
(b) The court may order a treatment evaluation to be conducted3
prior to sentencing if a treatment evaluation would assist the court in4
determining an appropriate sentence. The person ordered to undergo such5
evaluation shall be required to pay the cost of the treatment evaluation. If6
such treatment evaluation recommends treatment, and if the court so7
finds, the person shall be ordered to complete a treatment program that8
conforms with the standards adopted by the domestic violence offender9
management board as required by section 16-11.8-103 (4); C.R.S.,10
EXCEPT A PERSON GRANTED PROBATION WHOSE SUPERVISION IS11
TRANSFERRED TO ANOTHER STATE PURSUANT TO THE INTERSTATE12
COMPACT FOR THE SUPERVISION OF ADULT OFFENDERS SHALL FOLLOW THE13
REQUIREMENTS FOR A TREATMENT EVALUATION AND A TREATMENT14
PROGRAM OF THE STATE WHERE THE PERSON IS BEING SUPERVISED .15
SECTION 4. Act subject to petition - effective date. This act16
takes effect at 12:01 a.m. on the day following the expiration of the17
ninety-day period after final adjournment of the general assembly; except18
that, if a referendum petition is filed pursuant to section 1 (3) of article V19
of the state constitution against this act or an item, section, or part of this20
act within such period, then the act, item, section, or part will not take21
effect unless approved by the people at the general election to be held in22
November 2024 and, in such case, will take effect on the date of the23
official declaration of the vote thereon by the governor.24
1268
-11-