HOUSE BILL 23-1268
BY REPRESENTATIVE(S) Lukens and Evans, Boesenecker, Brown,
Duran, English, Gonzales-Gutierrez, Hamrick, Herod, Jodeh, Lieder,
Lindsay, Marshall, Story, Young;
also SENATOR(S) Roberts and Pelton B., Marchman, Moreno, Mullica,
Pelton R., Priola, Winter F..
C
ONCERNING CHANGES TO THE PROCESS FOR A PERSON SERVING A CRIMINAL
SENTENCE IN
COLORADO FOR A CONVICTION IN ANOTHER STATE TO
PARTICIPATE IN A PRIVATE TREATMENT PROGRAM
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 17-27.1-101, amend
(2)(d), (2)(f), (2)(h), (3)(b), (5), (6), (7), and (9); repeal (4); and add (7.5)
and (13) as follows:
17-27.1-101. Nongovernmental facilities for offenders -
registration - notifications - penalties - definitions. (2) As used in this
section, unless the context otherwise requires:
(d) "Private treatment program" means any residential or
nonresidential program that provides services, treatment, rehabilitation,
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. education, or criminal-history-related treatment for supervised or
unsupervised persons but does not include IN NEED OF SUBSTANCE USE
TREATMENT
, SEX OFFENDER MANAGEMENT SERVICES , OR DOMESTIC
VIOLENCE SERVICES REQUIRED AS PART OF THE SENDING STATE
'S SENTENCE.
"P
RIVATE TREATMENT PROGRAM " DOES NOT INCLUDE A LICENSED
BEHAVIORAL HEALTH ENTITY ENDORSED TO PROVIDE CRISIS CARE OR
WITHDRAWAL MANAGEMENT
, a private contract prison facility, a prison
facility operated by a political subdivision of the state, a facility providing
treatment for persons with mental health disorders or intellectual and
developmental disabilities, or a community corrections program established
pursuant to article 27 of this title 17.
(f) "Supervised person" means a person eighteen years of age or
older who is adjudicated for or convicted of or has agreed to a deferred
judgment, deferred sentence, or deferred prosecution for a crime in another
state but is or will be under the supervision of a probation officer or
community parole officer in Colorado pursuant to the interstate compact.
"S
UPERVISED INDIVIDUAL" DOES NOT INCLUDE AN INDIVIDUAL CHARGED
WITH A CRIME
, BUT NOT CONVICTED AND SENTENCED , IN A SENDING STATE.
(h) "Unsupervised person" means a person eighteen years of age or
older who, although not required to be under the jurisdiction of a probation
officer or community parole officer in Colorado, is adjudicated for or
convicted of or has agreed to a deferred judgment, deferred sentence, or
deferred prosecution for a crime outside of the state of Colorado and is
directed to attend a private treatment program in Colorado by any court,
department of corrections, state board of parole, probation department,
parole division, adult diversion program, or any other similar entity or
program in a state other than Colorado. "U
NSUPERVISED INDIVIDUAL" DOES
NOT INCLUDE AN INDIVIDUAL CHARGED WITH A CRIME
, BUT NOT CONVICTED
AND SENTENCED
, IN A SENDING STATE.
(3) (b) A sending state shall not permit travel of a supervised person
who is a nonresident of this state to the state of Colorado without written
notification from the compact administrator of acceptance of the supervised
person into a private treatment program
WHEN TREATMENT IS REQUIRED BY
LAW OR AS PART OF THE SENDING STATE
'S SENTENCE.
(4) No private treatment program in Colorado shall admit or accept
a supervised or unsupervised person into the program unless the supervised
PAGE 2-HOUSE BILL 23-1268 or unsupervised person has signed a waiver that authorizes the release of
confidential information.
(5) A private treatment program in Colorado shall not admit or
accept THAT ADMITS OR ACCEPTS a supervised or unsupervised person into
the program unless the program: SHALL, IMMEDIATELY FOLLOWING INTAKE
TO THE PROGRAM
, NOTIFY THE SUPERVISED OR UNSUPERVISED PERSON OF
THE PERSON
'S NEED TO REGISTER WITH THE COMPACT ADMINISTRATOR AND
SHALL ASSIST THE SUPERVISED OR UNSUPERVISED PERSON IN PROVIDING THE
PERSON
'S NAME, DATE OF BIRTH, PROOF OF IDENTIFICATION, AND ANY
NECESSARY RELEASE OF INFORMATION TO THE COMPACT ADMINISTRATOR
IMMEDIATELY SO THE DEPARTMENT MAY COMPLETE A COMPLETE CRIMINAL
HISTORY RECORDS CHECK OF THE PERSON AS SHOWN BY A NATIONAL
CRIMINAL INFORMATION CHECK
.
(a) Is registered with the compact administrator, and, if the person
is a supervised person, the private treatment program is:
(I) Approved by the behavioral health administration in the
department of human services if the program provides alcohol or drug abuse
treatment;
(II) Certified or approved by the sex offender management board,
established in section 16-11.7-103, C.R.S., if the program provides sex
offender treatment;
(III) Certified or approved by a domestic violence treatment board,
established pursuant to part 8 of article 6 of title 18, C.R.S., if the program
provides treatment for persons who were convicted of an act of domestic
violence as defined in section 18-6-800.3, C.R.S., or of an act for which the
underlying factual basis included an act of domestic violence; or
(IV) Licensed or certified by the division of adult parole in the
department of corrections, the department of regulatory agencies, the
behavioral health administration in the department of human services, the
state board of nursing, or the Colorado medical board if the program
provides treatment that requires certification or licensure;
(b) If the person is unsupervised, has notified the compact
administrator of the following information for each such unsupervised
PAGE 3-HOUSE BILL 23-1268 person:
(I) Name, date and place of birth, and social security number;
(II) Complete criminal history of the person as shown by a national
criminal information check;
(III) Name and address of any court, department, board of parole,
probation department, parole division, adult diversion program, or other
similar entity or program having jurisdiction over the person; and
(IV) Terms and conditions under which the person is required or
directed to attend the program; and
(c) (I) If the person is supervised and is a resident of the state of
Colorado, has confirmed that the sending state has provided all information
concerning the supervised person required by the interstate compact to the
compact administrator; and
(II) If the person is supervised and is a nonresident of the state of
Colorado, has confirmed that the compact administrator has accepted the
person for placement in the private treatment program.
(6) (a) Pursuant to criteria established by the interstate compact, the
compact administrator shall either accept or reject the placement of the
supervised person in the private treatment program. THE DEPARTMENT
SHALL
, WITHIN FORTY-EIGHT HOURS, RUN A COMPLETE CRIMINAL HISTORY
RECORDS CHECK ON THE INDIVIDUAL AND VERIFY THE PERSON IS A
SUPERVISED OR AN UNSUPERVISED PERSON
. IF THE PERSON IS DETERMINED
TO BE A SUPERVISED OR AN UNSUPERVISED PERSON
, THE DEPARTMENT SHALL
IMMEDIATELY NOTIFY THE PRIVATE TREATMENT PROGRAM AND THE CHIEF
LAW ENFORCEMENT OFFICIAL WHERE THE PRIVATE TREATMENT PROGRAM IS
LOCATED AND
, IF SUPERVISED, THE PERSON'S PROBATION OR COMMUNITY
PAROLE OFFICER
, OF THE PERSON'S STATUS.
(b) For all unsupervised persons and for supervised persons that the
compact administrator accepts for placement in a private treatment program,
the compact administrator shall immediately notify the appropriate chief
law enforcement official and the director of the Colorado bureau of
investigation. PURSUANT TO CRITERIA ESTABLISHED BY THE INTERSTATE
PAGE 4-HOUSE BILL 23-1268 COMPACT, THE COMPACT ADMINISTRATOR SHALL EITHER ACCEPT OR REJECT
THE PLACEMENT OF THE SUPERVISED PERSON IN THE PRIVATE TREATMENT
PROGRAM
.
(c) (Deleted by amendment, L. 2000, p. 232, ยง 1, effective July 1,
2000.)
(d) F
OR ALL UNSUPERVISED PERSONS AND FOR SUPERVISED PERSONS
THAT THE COMPACT ADMINISTRATOR ACCEPTS FOR PLACEMENT IN A PRIVATE
TREATMENT PROGRAM
, THE COMPACT ADMINISTRATOR SHALL IMMEDIATELY
NOTIFY THE DIRECTOR OF THE
COLORADO BUREAU OF INVESTIGATION .
(7) By written policy, a local law enforcement agency shall require
a supervised or unsupervised person to physically appear at the local law
enforcement agency for fingerprinting and photographing. THE
DEPARTMENT SHALL NOTIFY THE PRIVATE TREATMENT PROGRAM AND CHIEF
LAW ENFORCEMENT OFFICIAL WHERE THE PRIVATE TREATMENT PROGRAM IS
LOCATED IF THE PERSON IS DETERMINED TO BE A SUPERVISED OR AN
UNSUPERVISED PERSON
.
(7.5) (a) A
SUPERVISED OR AN UNSUPERVISED PERSON MAY BE
REQUIRED TO APPEAR AT A LAW ENFORCEMENT AGENCY FOR
FINGERPRINTING AND PHOTOGRAPHING
. A PROBATION DEPARTMENT , THE
DIVISION OF PAROLE
, OR OTHER AGENCY RESPONSIBLE FOR SUPERVISING A
SUPERVISED PERSON IS RESPONSIBLE FOR NOTIFYING THE PERSON OF THE
FINGERPRINTING AND PHOTOGRAPHING REQUIREMENT
. THE COMPACT
ADMINISTRATOR SHALL ARRANGE FOR NOTIFICATION TO AN UNSUPERVISED
PERSON OF THE FINGERPRINTING AND PHOTOGRAPHING REQUIREMENT AND
MAY REQUIRE AUTHORITIES IN THE SENDING STATE TO ASSIST WITH
NOTIFICATION
. A LAW ENFORCEMENT AGENCY SHALL TAKE PHOTOGRAPHS
AND FINGERPRINTS OF A SUPERVISED OR UNSUPERVISED PERSON AS
REQUIRED BUT MAY SET REASONABLE LIMITATIONS ON THE HOURS AND
LOCATION
.
(b) F
OR A SUPERVISED PERSON, THE PRIVATE TREATMENT PROGRAM
MUST BE
:
(I) A
PPROVED BY THE BEHAVIORAL HEALTH ADMINISTRATION IN THE
DEPARTMENT OF HUMAN SERVICES IF THE PROGRAM PROVIDES ALCOHOL OR
SUBSTANCE USE TREATMENT TO A SUPERVISED PERSON IF THE TREATMENT
PAGE 5-HOUSE BILL 23-1268 WOULD BE REQUIRED IF THE OFFENSE HAD BEEN COMMITTED IN COLORADO;
(II) C
ERTIFIED OR APPROVED BY THE SEX OFFENDER MANAGEMENT
BOARD
, ESTABLISHED IN SECTION 16-11.7-103, IF THE PROGRAM PROVIDES
SEX OFFENDER TREATMENT TO A SUPERVISED PERSON IF THE TREATMENT
WOULD BE REQUIRED IF THE OFFENSE HAD BEEN COMMITTED IN
COLORADO;
(III) C
ERTIFIED OR APPROVED BY THE DOMESTIC VIOLENCE
OFFENDER MANAGEMENT BOARD
, ESTABLISHED IN SECTION 16-11.8-103, IF
THE PROGRAM PROVIDES TREATMENT TO A SUPERVISED PERSON IF THE
TREATMENT FOR AN OFFENSE IF COMMITTED IN
COLORADO WOULD HAVE
BEEN AN ACT OF DOMESTIC VIOLENCE AS DEFINED IN SECTION
18-6-800.3, OR
OF AN ACT FOR WHICH THE UNDERLYING FACTUAL BASIS INCLUDED AN ACT
OF DOMESTIC VIOLENCE
; OR
(IV) LICENSED OR CERTIFIED BY THE DIVISION OF ADULT PAROLE IN
THE DEPARTMENT OF CORRECTIONS
, THE DEPARTMENT OF REGULATORY
AGENCIES
, THE BEHAVIORAL HEALTH ADMINISTRATION IN THE DEPARTMENT
OF HUMAN SERVICES
, THE STATE BOARD OF NURSING, OR THE COLORADO
MEDICAL BOARD
, IF THE PROGRAM PROVIDES TREATMENT THAT REQUIRES
CERTIFICATION OR LICENSURE
.
(c) (I) I
F THE SUPERVISED PERSON IS A RESIDENT OF THE STATE OF
COLORADO, THE SUPERVISED PERSON SHALL CONFIRM THAT THE SENDING
STATE HAS PROVIDED ALL INFORMATION CONCERNING THE SUPERVISED
PERSON REQUIRED BY THE INTERSTATE COMPACT TO THE COMPACT
ADMINISTRATOR
.
(II) I
F THE SUPERVISED PERSON IS A NONRESIDENT OF THE STATE OF
COLORADO, THE SUPERVISED PERSON SHALL CONFIRM THAT THE COMPACT
ADMINISTRATOR HAS ACCEPTED THE PERSON FOR PLACEMENT IN THE
PRIVATE TREATMENT PROGRAM
.
(9) (a) Any private treatment program or supervising person that
violates this section commits a misdemeanor. Upon a first conviction, the
private treatment program or supervising person shall be punished by a fine
of five hundred dollars. Upon a second conviction, a private treatment
program or supervising person shall be punished by a fine of one thousand
dollars. Upon a third or subsequent conviction, a private treatment program
or supervising person shall be punished by a fine of five thousand dollars
PAGE 6-HOUSE BILL 23-1268 MAY BE REPORTED TO THE APPROPRIATE LICENSING , CERTIFYING, OR
APPROVING AGENCY RESPONSIBLE FOR OVERSIGHT OF THE PRIVATE
TREATMENT PROGRAM FOR POTENTIAL CORRECTIVE ACTION
.
(b) Each failure to comply with a provision of this section by a
private treatment program or supervising person relating to a different
person constitutes a separate violation.
(13) THE DEPARTMENT SHALL PERIODICALLY UPDATE THE
OUT
-OF-STATE OFFENDER QUESTIONNAIRE USED BY PRIVATE TREATMENT
PROVIDERS
. IN UPDATING THE QUESTIONNAIRE , THE DEPARTMENT SHALL
ENGAGE STAKEHOLDERS
, INCLUDING, BUT NOT LIMITED TO, THE BEHAVIORAL
HEALTH ADMINISTRATION IN THE DEPARTMENT OF HUMAN SERVICES
,
SUBSTANCE USE TREATMENT PROVIDERS , LAW ENFORCEMENT, THE OFFICE
OF THE STATE PUBLIC DEFENDER
, AND OTHER CONCERNED STAKEHOLDERS .
SECTION 2. In Colorado Revised Statutes, 25-1-1202, repeal
(1)(bb) as follows:
25-1-1202. Index of statutory sections regarding medical record
confidentiality and health information. (1) Statutory provisions
concerning policies, procedures, and references to the release, sharing, and
use of medical records and health information include the following:
(bb) Section 17-27.1-101 (4), C.R.S., concerning nongovernmental
facilities for offenders and the waiver of confidential information;
SECTION 3. In Colorado Revised Statutes, 18-6-801, amend (1)(a)
and (1)(b) as follows:
18-6-801. Domestic violence - sentencing. (1) (a) In addition to
any sentence that is imposed upon a person for violation of any criminal law
under this title
TITLE 18, any person who is convicted of any crime, the
underlying factual basis of which has been found by the court on the record
to include an act of domestic violence, as defined in section 18-6-800.3 (1),
or any crime against property, whether or not such crime is a felony, when
such crime is used as a method of coercion, control, punishment,
intimidation, or revenge directed against a person with whom the actor is
or has been involved in an intimate relationship shall be ordered to complete
a treatment program and a treatment evaluation that conform with the
PAGE 7-HOUSE BILL 23-1268 standards adopted by the domestic violence offender management board as
required by section 16-11.8-103 (4); C.R.S., EXCEPT A PERSON GRANTED
PROBATION WHOSE SUPERVISION IS TRANSFERRED TO ANOTHER STATE
PURSUANT TO THE INTERSTATE COMPACT FOR THE SUPERVISION OF ADULT
OFFENDERS SHALL FOLLOW THE REQUIREMENTS FOR A TREATMENT
EVALUATION AND A TREATMENT PROGRAM OF THE STATE WHERE THE
PERSON IS BEING SUPERVISED
. EXCEPT FOR A PERSON GRANTED PROBATION
WHOSE SUPERVISION IS TRANSFERRED PURSUANT TO THE INTERSTATE
COMPACT FOR THE SUPERVISION OF ADULT OFFENDERS
, if an intake
evaluation conducted by an approved treatment program provider discloses
that sentencing to a treatment program would be inappropriate, the person
shall be referred back to the court for alternative disposition.
(b) The court may order a treatment evaluation to be conducted prior
to sentencing if a treatment evaluation would assist the court in determining
an appropriate sentence. The person ordered to undergo such evaluation
shall be required to pay the cost of the treatment evaluation. If such
treatment evaluation recommends treatment, and if the court so finds, the
person shall be ordered to complete a treatment program that conforms with
the standards adopted by the domestic violence offender management board
as required by section 16-11.8-103 (4); C.R.S.,
EXCEPT A PERSON GRANTED
PROBATION WHOSE SUPERVISION IS TRANSFERRED TO ANOTHER STATE
PURSUANT TO THE INTERSTATE COMPACT FOR THE SUPERVISION OF ADULT
OFFENDERS SHALL FOLLOW THE REQUIREMENTS FOR A TREATMENT
EVALUATION AND A TREATMENT PROGRAM OF THE STATE WHERE THE
PERSON IS BEING SUPERVISED
.
SECTION 4. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 8-HOUSE BILL 23-1268 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 9-HOUSE BILL 23-1268