HOUSE BILL 25-1172
BY REPRESENTATIVE(S) Camacho and Espenoza, Duran, Gilchrist;
also SENATOR(S) Amabile and Michaelson Jenet.
C
ONCERNING ALLOWING A STATE -OWNED PSYCHIATRIC RESIDENTIAL
TREATMENT FACILITY TO USE A SECURE PERIMETER FENCE
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 19-1-103, amend (55)
as follows:
19-1-103. Definitions. As used in this title 19 or in the specified
portion of this title 19, unless the context otherwise requires:
(55) "Detention" means the temporary care of a child who requires
secure custody in physically restricting facilities pending court disposition
or an execution of a court order for placement or commitment. T
HE
PLACEMENT OF A JUVENILE IN A STATE
-OWNED PSYCHIATRIC RESIDENTIAL
TREATMENT FACILITY
, AS DEFINED IN SECTION 26-6-903, IS NOT CONSIDERED
DETENTION
.
SECTION 2. In Colorado Revised Statutes, 19-2.5-304, add (4) as
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. follows:
19-2.5-304. Limitations on detention. (4) T
HE PLACEMENT OF A
JUVENILE IN A STATE
-OWNED PSYCHIATRIC RESIDENTIAL TREATMENT
FACILITY
, AS DEFINED IN SECTION 26-6-903, IS NOT CONSIDERED DETENTION
FOR THE PURPOSES OF THIS SECTION
.
SECTION 3. In Colorado Revised Statutes, 25.5-4-103, amend
(19.5) as follows:
25.5-4-103. Definitions. As used in this article 4 and articles 5 and
6 of this title 25.5, unless the context otherwise requires:
(19.5) "Psychiatric residential treatment facility" means a facility
that is licensed as a residential child care facility, as defined in section
26-6-903, that is not a hospital, and that provides inpatient psychiatric
services for individuals who are less than twenty-one years of age under the
direction of a physician licensed pursuant to article 240 of title 12, and that
meets any other requirement established in rule by the state board.
"P
SYCHIATRIC RESIDENTIAL TREATMENT FACILITY " INCLUDES A
STATE
-OWNED PSYCHIATRIC RESIDENTIAL TREATMENT FACILITY AS DEFINED
IN SECTION
26-6-903.
SECTION 4. In Colorado Revised Statutes, 26-6-903, amend (32);
and add (34.5) as follows:
26-6-903. Definitions. As used in this part 9, unless the context
otherwise requires:
(32) "Secure residential treatment center" means a facility operated
under private ownership that is licensed by the department pursuant to this
part 9 to provide twenty-four-hour group care and treatment in a secure
setting for five or more children or persons up to the age of twenty-one
years over whom the juvenile court retains jurisdiction pursuant to section
19-2.5-103 (6) who are committed by a court, pursuant to an adjudication
of delinquency or pursuant to a determination of guilt of a delinquent act or
having been convicted as an adult and sentenced for an act that would be a
crime if committed in Colorado, or in the committing jurisdiction, to be
placed in a secure facility. "S
ECURE RESIDENTIAL TREATMENT CENTER "
DOES NOT INCLUDE A STATE-OWNED PSYCHIATRIC RESIDENTIAL TREATMENT
PAGE 2-HOUSE BILL 25-1172 FACILITY AS DEFINED IN SUBSECTION (34.5) OF THIS SECTION.
(34.5) "S
TATE-OWNED PSYCHIATRIC RESIDENTIAL TREATMENT
FACILITY
" MEANS A PSYCHIATRIC RESIDENTIAL TREATMENT FACILITY , AS
DEFINED IN SECTION
25.5-4-103, THAT IS OPERATED ON STATE -OWNED
PROPERTY AND MAY HAVE A SECURE PERIMETER FENCE
.
SECTION 5. In Colorado Revised Statutes, 26-6-909, add (9) as
follows:
26-6-909. Standards for facilities and agencies - rules. (9) T
O
ENSURE COMPLIANCE WITH STATE AND FEDERAL LAWS AND REGULATIONS
RELATED TO SECURE FACILITIES
, THE STATE BOARD SHALL ADOPT RULES FOR
ADMISSION TO A STATE
-OWNED PSYCHIATRIC RESIDENTIAL TREATMENT
FACILITY
. THE RULES MUST COMPLY WITH RULES ADOPTED BY THE STATE
DEPARTMENT AND RULES ADOPTED BY THE DEPARTMENT OF HEALTH CARE
POLICY AND FINANCING AND THE DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT
, AS THOSE RULES RELATE TO THE OPERATION .
SECTION 6. In Colorado Revised Statutes, 26-20-102, add (6)(f)
as follows:
26-20-102. Definitions. As used in this article 20, unless the context
otherwise requires:
(6) "Restraint" means any method or device used to involuntarily
limit freedom of movement, including bodily physical force, mechanical
devices, or chemicals. Restraint must not be used as a form of discipline or
to gain compliance from a student. If property damage might be involved,
restraint may only be used when the destruction of property could possibly
result in bodily harm to the individual or another person. "Restraint"
includes chemical restraint, mechanical restraint, and physical restraint.
"Restraint" does not include:
(f) P
LACEMENT IN A STATE-OWNED PSYCHIATRIC RESIDENTIAL
TREATMENT FACILITY
, AS DEFINED IN SECTION 26-6-903.
SECTION 7. 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
PAGE 3-HOUSE BILL 25-1172 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
November 2026 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Vanessa Reilly Esther van Mourik
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 4-HOUSE BILL 25-1172