Colorado Diagnostic Program

C.R.S. tit. 17, art. 40
in effect

C.R.S. § 17-40-101 Definitions

17-40-101. Definitions. As used in this article 40, unless the context otherwise requires: (1) "Brain injury" has the same meaning as set forth in section 26-1-301 (1.5). (1.3) "Correctional institution" means the correctional facilities at Cañon City, the correctional facilities at Buena Vista, or any other institution established for the rehabilitation of male or female offenders. (1.5) "Diagnostic center" means the diagnostic center located within the city and county of Denver. (2) "Diagnostic services" means diagnostic examination and evaluation programs, including medical and dental evaluations, psychological testing, and academic and vocational assessment. "Diagnostic services" also includes identification of special needs, such as protective custody, services for persons who have behavioral or mental health disorders or intellectual and developmental disabilities, and special arrangements for those deemed potentially disruptive to institutional safety and operation. (3) (Deleted by amendment, L. 94, p. 605, § 12, effective July 1, 1994.) (4) "Superintendent" means the administrative head of the diagnostic center.

C.R.S. § 17-40-102 Program established

17-40-102. Program established. (1) There is hereby established the Colorado diagnostic program, referred to in this article as the "program". (2) The primary function and purpose of the program shall be to provide a diagnostic examination and evaluation of all offenders sentenced by the courts of this state, so that each such offender may be assigned to a correctional institution or a program established pursuant to article 27.7 of this title which has the type of security and, to the extent possible, appropriate programs of education, employment, and treatment available, which are designed to accomplish maximum rehabilitation of such offender and to prepare an offender for placement into as productive an employment as possible following imprisonment.

C.R.S. § 17-40-103 Examination of offenders - report

17-40-103. Examination of offenders - report. (1) As soon as possible after July 1, 1974, each offender entering the diagnostic center shall receive appropriate diagnostic services, and each offender's treatment and employment needs shall be identified. Information provided pursuant to section 17-40-104 shall be considered in structuring the rehabilitation program. An offender shall be assigned to the assessment program for a period not to exceed sixty days; except that an offender may be held for an additional thirty days upon approval of the executive director. Upon completion of the recommended rehabilitation report, it shall be transmitted by the superintendent to the executive director, who, within fifteen days, shall cause the offender to be: (a) Assigned to a correctional institution or to a program established pursuant to article 27.7 of this title, unless otherwise prohibited by law, based upon the examination and study of the offender; or (b) Upon order of the court, returned to the court for the purpose of granting probation or other modification of sentence. (2) A copy of the recommended rehabilitation report shall be shown and explained to the offender upon request; except that the executive director may withhold any information he deems to be detrimental to the rehabilitation of the offender. (3) Nothing in this section shall be construed to restrict or deny the power of the court to grant an application for postconviction review pursuant to section 18-1-410, C.R.S.

C.R.S. § 17-40-104 Responsibility to the program of court imposing sentence

17-40-104. Responsibility to the program of court imposing sentence. Before or at the same time any offender is transported to the diagnostic center, the sentencing court shall transmit to the superintendent of the program any available presentence report, offense report, or diagnostic or clinical information and any recommendation the court may deem appropriate.

C.R.S. § 17-40-105 Appointment of personnel to the program

17-40-105. Appointment of personnel to the program. Subject to the provisions of section 13 of article XII of the state constitution, the executive director shall appoint the superintendent. The superintendent shall appoint such supervisors, psychiatrists, psychologists, social workers, correctional specialists, and other officers and employees as are deemed necessary. No inmate of any correctional institution shall be appointed to any task directly involved with the diagnostic services provided by the program. This shall not prohibit tasks performed by inmates in custodial capacities and food service duties and similar tasks approved by the executive director.

C.R.S. § 17-40-106 Responsibilities of the superintendent

17-40-106. Responsibilities of the superintendent. (1) The superintendent shall be responsible for the administration of diagnostic services and the supervision of the employees of the program. (2) The superintendent shall be responsible for the management, control, regulation, and operation of the physical facilities and for the reception, discipline, and confinement of all offenders. (3) The superintendent or superintendent's designee shall separate all offenders in the diagnostic program from the offenders in the correctional institution. (4) (a) The superintendent may implement a behavioral or mental health disorder screening program to screen offenders entering the diagnostic center. If the superintendent chooses to implement a behavioral or mental health disorder screening program, the superintendent shall use the standardized screening instrument developed pursuant to section 16-11.9-102 and conduct the screening in accordance with procedures established pursuant to said section. (b) Prior to implementation of a behavioral or mental health disorder screening program pursuant to this subsection (4), if implementation of the program would require an increase in appropriations, the superintendent shall submit to the joint budget committee a request for funding in the amount necessary to implement the behavioral or mental health disorder screening program. If implementation of the behavioral or mental health disorder screening program would require an increase in appropriations, implementation of the program is conditional upon approval of the funding request.

C.R.S. § 17-40-107 Transfer of prisoners for examination - assignment

17-40-107. Transfer of prisoners for examination - assignment. The executive director may transfer any offender to the program for study and examination and, upon completion thereof, shall cause the offender to be assigned pursuant to this article.

C.R.S. § 17-40-108 Brain injury pilot program - report - repeal

17-40-108. Brain injury pilot program - report - repeal. (1) Subject to available appropriations, the department shall implement the brain injury pilot program, referred to in this section as the "pilot program". The purpose of the pilot program is to evaluate outcomes for individuals with a brain injury who received screening and support while in the criminal justice system. As a part of the pilot program, the department shall provide a screening evaluation for a brain injury for all offenders at one correctional institution. (2) Notwithstanding section 24-1-136 (11)(a)(I) to the contrary, on or before January 1, 2022, and each January 1 thereafter, the department shall submit a report to the judiciary committees of the senate and the house of representatives, or any successor committees, regarding the implementation of the pilot program. The report must include, if available: (a) Best practices for screening individuals for a brain injury upon intake and reentry; (b) Best practices for training staff on the symptoms and significance of a brain injury; (c) Best practices for providing the services described in section 26-1-304 within the criminal justice system to individuals who screen positive for a brain injury; (d) Best practices for providing accommodations within the criminal justice system to individuals who screen positive for a brain injury; and (e) Identification or recommendation of additional services that may be necessary to support individuals in the criminal justice system who screen positive for a brain injury. (3) The department may contract with medical or behavioral health professionals to administer brain injury screenings and deliver the services described in section 26-1-304. (4) This section is repealed, effective June 30, 2026.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-17.docxFetched: 10/6/2026