Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0328.01 Conrad Imel x2313
HOUSE BILL 24-1126
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING REQUIRING PARTICIPATION IN A TREATMENT PLAN FOR101
A SUBSTANCE USE DISORDER AS A CONDITION OF BOND .102
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
.)
The bill permits a court to order a person to complete a medical
evaluation if the court suspects a substance use disorder contributed to the
behavior giving rise to an offense for which the person was charged. The
medical evaluation must determine if the person would benefit from a
medically guided treatment plan for a substance use disorder (treatment
plan). If the court receives a recommendation following the medical
HOUSE SPONSORSHIP
Lynch,
SENATE SPONSORSHIP
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. evaluation that the person would benefit from a treatment plan, the court
may order the person to participate in a treatment plan as a condition of
bond.
The person's treatment provider shall submit a report to the court
within 2 business days after each scheduled appointment that is part of the
person's treatment plan to indicate whether the person is in compliance
with the treatment plan. The bill requires a person ordered to participate
in a treatment plan to waive any patient privilege necessary for a doctor
or treatment provider to report to the court.
The bill prohibits the court from ordering a person required to
participate in a treatment plan as a condition of bond to submit to drug or
alcohol monitoring other than monitoring required by the treatment plan
unless the monitoring is expressly required or permitted pursuant to any
other state law.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 16-4-105, add (7.5)2
as follows:3
16-4-105. Conditions of release on bond. (7.5) I
F THE COURT4
SUSPECTS THAT A SUBSTANCE USE DISORDER HAS CONTRIBUTED TO THE5
BEHAVIOR GIVING RISE TO AN OFFENSE FOR WHICH A PERSON HAS BEEN6
CHARGED, AND FOLLOWING A MEDICAL EVALUATION AND DETERMINATION7
THAT THE PERSON WOULD BENEFIT FROM A MEDICALLY GUIDED8
TREATMENT PLAN PURSUANT TO SECTION 16-4-118 (2), THE COURT MAY9
ORDER THAT THE PERSON PARTICIPATE IN A MEDICALLY GUIDED10
TREATMENT PLAN AS A CONDITION OF BOND AS DESCRIBED IN SECTION11
16-4-118.12
SECTION 2. In Colorado Revised Statutes, add 16-4-118 as13
follows:14
16-4-118. Medically guided treatment as condition of bond -15
evaluation required - definitions. (1) A
S USED IN THIS SECTION, UNLESS16
THE CONTEXT OTHERWISE REQUIRES :17
HB24-1126-2- (a) "ADDICTION MEDICINE SPECIALIST" MEANS A MEDICAL DOCTOR1
WHO IS CERTIFIED AS AN ADDICTION MEDICINE SPECIALIST BY A2
NATIONALLY RECOGNIZED ORGANIZATION .3
(b) "M
EDICAL DOCTOR" MEANS A DOCTOR LICENSED TO PRACTICE4
MEDICINE PURSUANT TO ARTICLE 240 OF TITLE 12.5
(c) "M
EDICALLY GUIDED TREATMENT PLAN " OR "TREATMENT6
PLAN" MEANS A TREATMENT PLAN FOR A SUBSTANCE USE DISORDER7
DESCRIBED IN THIS SECTION THAT A COURT ORDERS A PERSON TO8
PARTICIPATE IN PURSUANT TO SECTION 16-4-105 (7.5).9
(d) "S
UBSTANCE USE DOCTOR" MEANS A MEDICAL DOCTOR WHO IS10
AN ADDICTION MEDICINE SPECIALIST OR WHO RENDERS SERVICES AT A11
SUBSTANCE USE DISORDER TREATMENT FACILITY FOR THE DIAGNOSIS ,12
TREATMENT, OR PREVENTION OF SUBSTANCE USE DISORDERS .13
(e) "T
REATMENT PROVIDER" MEANS AN ENTITY THAT PROVIDES14
SUBSTANCE USE DISORDER TREATMENT BY A SUBSTANCE USE DOCTOR .15
(2) (a) I
F THE COURT SUSPECTS THAT A SUBSTANCE USE DISORDER16
HAS CONTRIBUTED TO THE BEHAVIOR GIVING RISE TO AN OFFENSE FOR17
WHICH A PERSON HAS BEEN CHARGED , THE COURT MAY ORDER THE PERSON18
TO COMPLETE A MEDICAL EVALUATION WITH A SUBSTANCE USE DOCTOR19
ASSOCIATED WITH A TREATMENT PROVIDER TO DETERMINE IF THE PERSON20
WOULD BENEFIT FROM A MEDICALLY GUIDED TREATMENT PLAN FOR A21
SUBSTANCE USE DISORDER.22
(b) I
F A PERSON IS ORDERED BY THE COURT TO COMPLETE A23
MEDICAL EVALUATION PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION,24
THE PERSON'S APPOINTMENT WITH THE DOCTOR WHO PERFORMS THE25
EVALUATION IS CONFIDENTIAL AND PRIVILEGED; EXCEPT THAT THE PERSON26
SHALL PERMIT THE TREATMENT PROVIDER ASSOCIATED WITH THE27
HB24-1126
-3- EVALUATING DOCTOR , IN WRITING, TO ADVISE THE COURT, DISTRICT1
ATTORNEY, AND THE PERSON'S ATTORNEY, IF THE PERSON HAS AN2
ATTORNEY, WHETHER THE PERSON WOULD BENEFIT FROM A MEDICALLY3
GUIDED TREATMENT PLAN FOR A SUBSTANCE USE DISORDER AND HOW THE4
COST OF THE PERSON'S TREATMENT PLAN WILL BE PAID.5
(3) (a) A
COURT MAY, PURSUANT TO SECTION 16-4-105 (7.5),6
ORDER A PERSON TO PARTICIPATE IN A TREATMENT PLAN AS A CONDITION7
OF BOND IF:8
(I) T
HE COURT RECEIVED A RECOMMENDATION FROM THE9
SUBSTANCE USE DOCTOR WHO CONDUCTED AN EVALUATION PURS UANT TO10
SUBSECTION (2) OF THIS SECTION THAT A PERSON WOULD BENEFIT FROM11
A MEDICALLY GUIDED TREATMENT PLAN DEVELOPED BY A SUBSTANCE USE12
DOCTOR; AND13
(II)
THE TREATMENT PROVIDER AND THE PERSON HAVE14
DETERMINED HOW THE COST OF COMPLIANCE WITH THE TREATMENT PLAN15
WILL BE ACCOMPLISHED AND THE COURT HAS CONSIDERED HOW THE COST16
OF COMPLIANCE WILL BE ACCOMPLISHED .17
(b) I
F THE COURT ORDERS PARTICIPATION IN A TREATMENT PLAN18
AS A CONDITION OF BOND PURSUANT TO SUBSECTION (3)(a) OF THIS19
SECTION, THE COURT AND TREATMENT PROVIDER SHALL DETERMINE A20
PROCESS FOR THE TREATMENT PROVIDER TO SUBMIT TO THE COURT A21
REPORT SIGNED BY A MEDICAL DOCTOR OR CARE PROVIDER OF THE22
TREATMENT FACILITY ADMINISTERING THE TREATMENT PLAN THAT23
INDICATES WHETHER THE PERSON IS IN COMPLIANCE WITH THE TREATMENT24
PLAN. THE TREATMENT PROVIDER SHALL SUBMIT A REPORT TO THE COURT25
WITHIN TWO BUSINESS DAYS AFTER EACH SCHEDULED APPOINTMENT THAT26
IS PART OF THE PERSON'S TREATMENT PLAN, REGARDLESS OF WHETHER27
HB24-1126
-4- THE PERSON ATTENDS . THE REPORT MUST SPECIFICALLY INDICATE1
WHETHER THE PERSON IS IN COMPLIANCE WITH THE REQUIREMENTS OF THE2
TREATMENT PLAN AND MAY INCLUDE THE FOLLOWING INFORMATION3
RELATED TO THE TREATMENT PLAN :4
(I) W
HETHER THE PERSON ATTENDED THE APPOINTMENT ;5
(II) W
HETHER THE PERSON IS TAKING MEDICATIONS AS6
PRESCRIBED AND COMPLYING WITH ANY MEDICATION -MONITORING7
REQUIREMENTS;8
(III) W
HETHER THE PERSON IS ATTENDING THERAPY THAT HAS9
BEEN PLANNED AND SCHEDULED , OR OTHER BEHAVIORAL INSTRUCTION10
NECESSARY FOR SUCCESSFUL TREATMENT ;11
(IV) I
NFORMATION THE TREATMENT PROVIDER DETERMINES IS12
BENEFICIAL FOR THE COURT REGARDING THE PERSON 'S PROGRESS TOWARD13
GOALS OF TREATMENT AS DETERMI NED IN THE TREATMENT PLAN ; AND14
(V) A
NY OTHER REQUIREMENTS OF TREATMENT CONSIDERED15
ESSENTIAL BY THE TREATMENT PROVIDER TO DETERMINE PROGRESS16
TOWARD HARM REDUCTION AND SUCCESSFUL TREATMENT .17
(4) T
HE PERSON'S PRESCRIPTIONS AND TEST RESULTS, AND DETAILS18
OF THE PERSON'S APPOINTMENTS WITH A TREATMENT PROVIDER ,19
THERAPIST, OR BEHAVIORAL INSTRUCTION PROVIDER ARE CONFIDENTIAL20
AND SUBJECT TO ANY APPLICABLE PATIENT PRIVILEGE. NOTWITHSTANDING21
ANY PRIVILEGE, THE PERSON SHALL PERMIT THE TREATMENT PROVIDER , IN22
WRITING, TO RELEASE INFORMATION ABOUT THE PERSON AND THE23
PERSON'S TREATMENT FOR THE LIMITED PURPOSE OF MAKING THE REPORT24
DESCRIBED IN SUBSECTION (3)(b) OF THIS SECTION.25
(5) A
PERSON REQUIRED TO PARTICIPATE IN A TREATMENT PLAN AS26
A CONDITION OF BOND PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION27
HB24-1126
-5- SHALL BE REQUIRED TO SUBMIT TO SUBSTANCE USE MONITORING ONLY IF1
IT IS REQUIRED AS PART OF THE TREATMENT PLAN . UNLESS DRUG OR2
ALCOHOL MONITORING IS EXPRESSL Y REQUIRED OR PERMITTED PURSUANT3
TO ANY OTHER STATE LAW, INCLUDING MONITORING ORDERED PURSUANT4
TO SECTION 16-4-105 (6) FOLLOWING AN ARREST FOR DRIVING UNDER THE5
INFLUENCE OR DRIVING WHILE ABILITY IMPAIRED , THE COURT SHALL NOT6
REQUIRE THE PERSON TO SUBMIT TO DRUG OR ALCOHOL MONITORING7
OUTSIDE THE REQUIREMENTS OF THE TREATMENT PLAN .8
SECTION 3. In Colorado Revised Statutes, 16-4-109, add (4.5)9
as follows:10
16-4-109. Reduction or increase of monetary conditions of11
bond - change in type of bond or conditions of bond - definitions.12
(4.5) W
HEN A PERSON IS ORDERED TO PARTICIPATE IN A MEDICALLY13
GUIDED TREATMENT PLAN FOR A SUBSTANCE USE DISORDER PURSUANT TO14
SECTION 16-4-105 (7.5), AND THE COURT FINDS, FOLLOWING RECEIPT OF15
A REPORT PURSUANT TO SECTION 16-4-118 (3)(b), THAT THE PERSON IS16
SUBSTANTIALLY OUT OF COMPLIANCE WITH THE MEDICALLY GUIDED17
TREATMENT PLAN OR IS ENGAGING IN OTHER BEHAVIOR RELATED TO A18
SUBSTANCE USE DISORDER THAT PLACES THE PERSON IN DANGER OF19
INJURY OR DEATH, THE COURT MAY ISSUE A WARRANT COMMANDING A20
PEACE OFFICER TO BRING THE DEFENDANT BEFORE THE COURT WITHOUT21
UNNECESSARY DELAY FOR A HEARING TO DETERMINE THE STEPS22
NECESSARY TO ENSURE THE PERSON 'S SAFETY AND THAT THE PERSON23
COMPLIES WITH THE MEDICALLY GUIDED TREATMENT PLAN .24
SECTION 4. Effective date. This act takes effect July 1, 2024.25
SECTION 5. Safety clause. The general assembly finds,26
determines, and declares that this act is necessary for the immediate27
HB24-1126
-6- preservation of the public peace, health, or safety or for appropriations for1
the support and maintenance of the departments of the state and state2
institutions.3
HB24-1126
-7-