Colorado 2024 Regular Session

Colorado House Bill HB1126 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Second Regular Session
2	2	Seventy-fourth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 24-0328.01 Conrad Imel x2313
8	8	HOUSE BILL 24-1126
9	9	House Committees Senate Committees
10	10	Judiciary
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING REQUIRING PARTICIPATION IN A TREATMENT PLAN FOR101
14	14	A SUBSTANCE USE DISORDER AS A CONDITION OF BOND .102
15	15	Bill Summary
16	16	(Note: This summary applies to this bill as introduced and does
17	17	not reflect any amendments that may be subsequently adopted. If this bill
18	18	passes third reading in the house of introduction, a bill summary that
19	19	applies to the reengrossed version of this bill will be available at
20	20	http://leg.colorado.gov
21	21	.)
22	22	The bill permits a court to order a person to complete a medical
23	23	evaluation if the court suspects a substance use disorder contributed to the
24	24	behavior giving rise to an offense for which the person was charged. The
25	25	medical evaluation must determine if the person would benefit from a
26	26	medically guided treatment plan for a substance use disorder (treatment
27	27	plan). If the court receives a recommendation following the medical
28	28	HOUSE SPONSORSHIP
29	29	Lynch,
30	30	SENATE SPONSORSHIP
31	31	Pelton B.,
32	32	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
33	33	Capital letters or bold & italic numbers indicate new material to be added to existing law.
34	34	Dashes through the words or numbers indicate deletions from existing law. evaluation that the person would benefit from a treatment plan, the court
35	35	may order the person to participate in a treatment plan as a condition of
36	36	bond.
37	37	The person's treatment provider shall submit a report to the court
38	38	within 2 business days after each scheduled appointment that is part of the
39	39	person's treatment plan to indicate whether the person is in compliance
40	40	with the treatment plan. The bill requires a person ordered to participate
41	41	in a treatment plan to waive any patient privilege necessary for a doctor
42	42	or treatment provider to report to the court.
43	43	The bill prohibits the court from ordering a person required to
44	44	participate in a treatment plan as a condition of bond to submit to drug or
45	45	alcohol monitoring other than monitoring required by the treatment plan
46	46	unless the monitoring is expressly required or permitted pursuant to any
47	47	other state law.
48	48	Be it enacted by the General Assembly of the State of Colorado:1
49	49	SECTION 1. In Colorado Revised Statutes, 16-4-105, add (7.5)2
50	50	as follows:3
51	51	16-4-105. Conditions of release on bond. (7.5) I
52	52	F THE COURT4
53	53	SUSPECTS THAT A SUBSTANCE USE DISORDER HAS CONTRIBUTED TO THE5
54	54	BEHAVIOR GIVING RISE TO AN OFFENSE FOR WHICH A PERSON HAS BEEN6
55	55	CHARGED, AND FOLLOWING A MEDICAL EVALUATION AND DETERMINATION7
56	56	THAT THE PERSON WOULD BENEFIT FROM A MEDICALLY GUIDED8
57	57	TREATMENT PLAN PURSUANT TO SECTION 16-4-118 (2), THE COURT MAY9
58	58	ORDER THAT THE PERSON PARTICIPATE IN A MEDICALLY GUIDED10
59	59	TREATMENT PLAN AS A CONDITION OF BOND AS DESCRIBED IN SECTION11
60	60	16-4-118.12
61	61	SECTION 2. In Colorado Revised Statutes, add 16-4-118 as13
62	62	follows:14
63	63	16-4-118. Medically guided treatment as condition of bond -15
64	64	evaluation required - definitions. (1) A
65	65	S USED IN THIS SECTION, UNLESS16
66	66	THE CONTEXT OTHERWISE REQUIRES :17
67	67	HB24-1126-2- (a) "ADDICTION MEDICINE SPECIALIST" MEANS A MEDICAL DOCTOR1
68	68	WHO IS CERTIFIED AS AN ADDICTION MEDICINE SPECIALIST BY A2
69	69	NATIONALLY RECOGNIZED ORGANIZATION .3
70	70	(b) "M
71	71	EDICAL DOCTOR" MEANS A DOCTOR LICENSED TO PRACTICE4
72	72	MEDICINE PURSUANT TO ARTICLE 240 OF TITLE 12.5
73	73	(c) "M
74	74	EDICALLY GUIDED TREATMENT PLAN " OR "TREATMENT6
75	75	PLAN" MEANS A TREATMENT PLAN FOR A SUBSTANCE USE DISORDER7
76	76	DESCRIBED IN THIS SECTION THAT A COURT ORDERS A PERSON TO8
77	77	PARTICIPATE IN PURSUANT TO SECTION 16-4-105 (7.5).9
78	78	(d) "S
79	79	UBSTANCE USE DOCTOR" MEANS A MEDICAL DOCTOR WHO IS10
80	80	AN ADDICTION MEDICINE SPECIALIST OR WHO RENDERS SERVICES AT A11
81	81	SUBSTANCE USE DISORDER TREATMENT FACILITY FOR THE DIAGNOSIS ,12
82	82	TREATMENT, OR PREVENTION OF SUBSTANCE USE DISORDERS .13
83	83	(e) "T
84	84	REATMENT PROVIDER" MEANS AN ENTITY THAT PROVIDES14
85	85	SUBSTANCE USE DISORDER TREATMENT BY A SUBSTANCE USE DOCTOR .15
86	86	(2) (a) I
87	87	F THE COURT SUSPECTS THAT A SUBSTANCE USE DISORDER16
88	88	HAS CONTRIBUTED TO THE BEHAVIOR GIVING RISE TO AN OFFENSE FOR17
89	89	WHICH A PERSON HAS BEEN CHARGED , THE COURT MAY ORDER THE PERSON18
90	90	TO COMPLETE A MEDICAL EVALUATION WITH A SUBSTANCE USE DOCTOR19
91	91	ASSOCIATED WITH A TREATMENT PROVIDER TO DETERMINE IF THE PERSON20
92	92	WOULD BENEFIT FROM A MEDICALLY GUIDED TREATMENT PLAN FOR A21
93	93	SUBSTANCE USE DISORDER.22
94	94	(b) I
95	95	F A PERSON IS ORDERED BY THE COURT TO COMPLETE A23
96	96	MEDICAL EVALUATION PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION,24
97	97	THE PERSON'S APPOINTMENT WITH THE DOCTOR WHO PERFORMS THE25
98	98	EVALUATION IS CONFIDENTIAL AND PRIVILEGED; EXCEPT THAT THE PERSON26
99	99	SHALL PERMIT THE TREATMENT PROVIDER ASSOCIATED WITH THE27
100	100	HB24-1126
101	101	-3- EVALUATING DOCTOR , IN WRITING, TO ADVISE THE COURT, DISTRICT1
102	102	ATTORNEY, AND THE PERSON'S ATTORNEY, IF THE PERSON HAS AN2
103	103	ATTORNEY, WHETHER THE PERSON WOULD BENEFIT FROM A MEDICALLY3
104	104	GUIDED TREATMENT PLAN FOR A SUBSTANCE USE DISORDER AND HOW THE4
105	105	COST OF THE PERSON'S TREATMENT PLAN WILL BE PAID.5
106	106	(3) (a) A
107	107	COURT MAY, PURSUANT TO SECTION 16-4-105 (7.5),6
108	108	ORDER A PERSON TO PARTICIPATE IN A TREATMENT PLAN AS A CONDITION7
109	109	OF BOND IF:8
110	110	(I) T
111	111	HE COURT RECEIVED A RECOMMENDATION FROM THE9
112	112	SUBSTANCE USE DOCTOR WHO CONDUCTED AN EVALUATION PURS UANT TO10
113	113	SUBSECTION (2) OF THIS SECTION THAT A PERSON WOULD BENEFIT FROM11
114	114	A MEDICALLY GUIDED TREATMENT PLAN DEVELOPED BY A SUBSTANCE USE12
115	115	DOCTOR; AND13
116	116	(II)
117	117	THE TREATMENT PROVIDER AND THE PERSON HAVE14
118	118	DETERMINED HOW THE COST OF COMPLIANCE WITH THE TREATMENT PLAN15
119	119	WILL BE ACCOMPLISHED AND THE COURT HAS CONSIDERED HOW THE COST16
120	120	OF COMPLIANCE WILL BE ACCOMPLISHED .17
121	121	(b) I
122	122	F THE COURT ORDERS PARTICIPATION IN A TREATMENT PLAN18
123	123	AS A CONDITION OF BOND PURSUANT TO SUBSECTION (3)(a) OF THIS19
124	124	SECTION, THE COURT AND TREATMENT PROVIDER SHALL DETERMINE A20
125	125	PROCESS FOR THE TREATMENT PROVIDER TO SUBMIT TO THE COURT A21
126	126	REPORT SIGNED BY A MEDICAL DOCTOR OR CARE PROVIDER OF THE22
127	127	TREATMENT FACILITY ADMINISTERING THE TREATMENT PLAN THAT23
128	128	INDICATES WHETHER THE PERSON IS IN COMPLIANCE WITH THE TREATMENT24
129	129	PLAN. THE TREATMENT PROVIDER SHALL SUBMIT A REPORT TO THE COURT25
130	130	WITHIN TWO BUSINESS DAYS AFTER EACH SCHEDULED APPOINTMENT THAT26
131	131	IS PART OF THE PERSON'S TREATMENT PLAN, REGARDLESS OF WHETHER27
132	132	HB24-1126
133	133	-4- THE PERSON ATTENDS . THE REPORT MUST SPECIFICALLY INDICATE1
134	134	WHETHER THE PERSON IS IN COMPLIANCE WITH THE REQUIREMENTS OF THE2
135	135	TREATMENT PLAN AND MAY INCLUDE THE FOLLOWING INFORMATION3
136	136	RELATED TO THE TREATMENT PLAN :4
137	137	(I) W
138	138	HETHER THE PERSON ATTENDED THE APPOINTMENT ;5
139	139	(II) W
140	140	HETHER THE PERSON IS TAKING MEDICATIONS AS6
141	141	PRESCRIBED AND COMPLYING WITH ANY MEDICATION -MONITORING7
142	142	REQUIREMENTS;8
143	143	(III) W
144	144	HETHER THE PERSON IS ATTENDING THERAPY THAT HAS9
145	145	BEEN PLANNED AND SCHEDULED , OR OTHER BEHAVIORAL INSTRUCTION10
146	146	NECESSARY FOR SUCCESSFUL TREATMENT ;11
147	147	(IV) I
148	148	NFORMATION THE TREATMENT PROVIDER DETERMINES IS12
149	149	BENEFICIAL FOR THE COURT REGARDING THE PERSON 'S PROGRESS TOWARD13
150	150	GOALS OF TREATMENT AS DETERMI NED IN THE TREATMENT PLAN ; AND14
151	151	(V) A
152	152	NY OTHER REQUIREMENTS OF TREATMENT CONSIDERED15
153	153	ESSENTIAL BY THE TREATMENT PROVIDER TO DETERMINE PROGRESS16
154	154	TOWARD HARM REDUCTION AND SUCCESSFUL TREATMENT .17
155	155	(4) T
156	156	HE PERSON'S PRESCRIPTIONS AND TEST RESULTS, AND DETAILS18
157	157	OF THE PERSON'S APPOINTMENTS WITH A TREATMENT PROVIDER ,19
158	158	THERAPIST, OR BEHAVIORAL INSTRUCTION PROVIDER ARE CONFIDENTIAL20
159	159	AND SUBJECT TO ANY APPLICABLE PATIENT PRIVILEGE. NOTWITHSTANDING21
160	160	ANY PRIVILEGE, THE PERSON SHALL PERMIT THE TREATMENT PROVIDER , IN22
161	161	WRITING, TO RELEASE INFORMATION ABOUT THE PERSON AND THE23
162	162	PERSON'S TREATMENT FOR THE LIMITED PURPOSE OF MAKING THE REPORT24
163	163	DESCRIBED IN SUBSECTION (3)(b) OF THIS SECTION.25
164	164	(5) A
165	165	PERSON REQUIRED TO PARTICIPATE IN A TREATMENT PLAN AS26
166	166	A CONDITION OF BOND PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION27
167	167	HB24-1126
168	168	-5- SHALL BE REQUIRED TO SUBMIT TO SUBSTANCE USE MONITORING ONLY IF1
169	169	IT IS REQUIRED AS PART OF THE TREATMENT PLAN . UNLESS DRUG OR2
170	170	ALCOHOL MONITORING IS EXPRESSL Y REQUIRED OR PERMITTED PURSUANT3
171	171	TO ANY OTHER STATE LAW, INCLUDING MONITORING ORDERED PURSUANT4
172	172	TO SECTION 16-4-105 (6) FOLLOWING AN ARREST FOR DRIVING UNDER THE5
173	173	INFLUENCE OR DRIVING WHILE ABILITY IMPAIRED , THE COURT SHALL NOT6
174	174	REQUIRE THE PERSON TO SUBMIT TO DRUG OR ALCOHOL MONITORING7
175	175	OUTSIDE THE REQUIREMENTS OF THE TREATMENT PLAN .8
176	176	SECTION 3. In Colorado Revised Statutes, 16-4-109, add (4.5)9
177	177	as follows:10
178	178	16-4-109. Reduction or increase of monetary conditions of11
179	179	bond - change in type of bond or conditions of bond - definitions.12
180	180	(4.5) W
181	181	HEN A PERSON IS ORDERED TO PARTICIPATE IN A MEDICALLY13
182	182	GUIDED TREATMENT PLAN FOR A SUBSTANCE USE DISORDER PURSUANT TO14
183	183	SECTION 16-4-105 (7.5), AND THE COURT FINDS, FOLLOWING RECEIPT OF15
184	184	A REPORT PURSUANT TO SECTION 16-4-118 (3)(b), THAT THE PERSON IS16
185	185	SUBSTANTIALLY OUT OF COMPLIANCE WITH THE MEDICALLY GUIDED17
186	186	TREATMENT PLAN OR IS ENGAGING IN OTHER BEHAVIOR RELATED TO A18
187	187	SUBSTANCE USE DISORDER THAT PLACES THE PERSON IN DANGER OF19
188	188	INJURY OR DEATH, THE COURT MAY ISSUE A WARRANT COMMANDING A20
189	189	PEACE OFFICER TO BRING THE DEFENDANT BEFORE THE COURT WITHOUT21
190	190	UNNECESSARY DELAY FOR A HEARING TO DETERMINE THE STEPS22
191	191	NECESSARY TO ENSURE THE PERSON 'S SAFETY AND THAT THE PERSON23
192	192	COMPLIES WITH THE MEDICALLY GUIDED TREATMENT PLAN .24
193	193	SECTION 4. Effective date. This act takes effect July 1, 2024.25
194	194	SECTION 5. Safety clause. The general assembly finds,26
195	195	determines, and declares that this act is necessary for the immediate27
196	196	HB24-1126
197	197	-6- preservation of the public peace, health, or safety or for appropriations for1
198	198	the support and maintenance of the departments of the state and state2
199	199	institutions.3
200	200	HB24-1126
201	201	-7-