C.R.S. tit. 16, art. 11.9 — Persons with Behavioral or Mental Health Disorders in the Criminal Justice System | Colorado Revised Statutes (2024 edition) — Colorado

C.R.S. § 16-11.9-101 Legislative declaration

16-11.9-101. Legislative declaration. The general assembly finds and declares that, based upon the findings and recommendations of the 1999 interim committee to study the treatment of persons with mental illness in the Colorado criminal justice system, detecting behavioral or mental health disorders in persons in the criminal justice system is a difficult process with no current statewide standards or requirements. The lack of a standardized screening process to detect persons with behavioral or mental health disorders in the criminal justice system is a significant impediment to consistent identification, diagnosis, treatment, and rehabilitation of all offenders with behavioral or mental health disorders, ultimately resulting in an increased rate of recidivism. Therefore, the general assembly resolves to create a standardized screening process to be utilized at each stage of the criminal justice system to identify persons with behavioral or mental health disorders.

C.R.S. § 16-11.9-102 Screening for behavioral or mental health disorders - standardized process - development

16-11.9-102. Screening for behavioral or mental health disorders - standardized process - development. (1) The director of the division of criminal justice in the department of public safety is responsible for ensuring that the head of the department of psychiatry at the university of Colorado health sciences center, the judicial department, the department of corrections, the state board of parole, the division of criminal justice in the department of public safety, the behavioral health administration in the department of human services, and the units responsible for the mental health institutes and forensic services in the department of human services meet and cooperate to develop a standardized screening procedure for the assessment of behavioral or mental health disorders in persons who are involved in the adult criminal justice system. The standardized screening procedure must include, but is not limited to: (a) Development or identification of one or more standardized instruments for screening persons who are involved in the adult criminal justice system; (b) Development of criteria for potential use of such standardized instruments, including consideration of methods of addressing confidential communications by those persons who will be screened for behavioral or mental health disorders; (c) Identification of those persons who will be utilizing the standardized screening instruments, and consideration of training requirements for such persons; (d) Identification of those persons who will be screened for behavioral or mental health disorders; (e) The stages within the adult criminal justice system at which a person shall be screened for a behavioral or mental health disorder, including consideration of methods of addressing confidential communications by a person screened for a behavioral or mental health disorder; (f) Consideration of a standard definition of a behavioral or mental health disorder, including a serious behavioral or mental health disorder; and (g) Development of procedures for referral for further assessment based on the results of the screening. (2) In conjunction with the development of a standardized behavioral or mental health disorder screening procedure for the adult criminal justice system as specified in subsection (1) of this section, the judicial department, the division of youth services in the department of human services, the unit responsible for child welfare services in the department of human services, the behavioral health administration in the department of human services, the units responsible for the mental health institutes and forensic services in the department of human services, the division of criminal justice in the department of public safety, and the department of corrections shall cooperate to develop a standardized screening procedure for the assessment of behavioral or mental health disorders in juveniles who are involved in the juvenile justice system. The standardized screening procedure must include, but is not limited to: (a) Development or identification of one or more standardized instruments for screening persons who are involved in the juvenile justice system; (b) Development of criteria for potential use of such standardized instruments, including consideration of methods of addressing confidential communications by those persons who will be screened for behavioral or mental health disorders; (c) Identification of those persons who will be utilizing the standardized screening instruments, and consideration of training requirements for such persons; (d) Identification of those persons who will be screened for behavioral or mental health disorders; (e) The stages within the juvenile justice system at which a person shall be screened for a behavioral or mental health disorder, including consideration of methods of addressing confidential communications by a person screened for a behavioral or mental health disorder; irements for such persons; (d) Identification of those persons who will be screened for behavioral or mental health disorders; (e) The stages within the juvenile justice system at which a person shall be screened for a behavioral or mental health disorder, including consideration of methods of addressing confidential communications by a person screened for a behavioral or mental health disorder; (f) Consideration of a standard definition of a behavioral or mental health disorder, including a serious behavioral or mental health disorder; and (g) Development of procedures for referral for further assessment based on the results of the screening.

C.R.S. § 16-11.9-103 Report to the general assembly

16-11.9-103. Report to the general assembly. On or before March 1, 2002, the judicial department, the department of corrections, the state board of parole, the division of criminal justice within the department of public safety, and the department of human services shall jointly make a report to a joint meeting of the judiciary committees of the senate and the house of representatives regarding the standardized screening procedures developed pursuant to this article and the need for and utility of further legislation to implement the standardized screening procedures developed pursuant to this article.

C.R.S. § 16-11.9-104 Repeal of article

16-11.9-104. Repeal of article. (Repealed)

C.R.S. § 16-11.9-105 Periodic review

16-11.9-105. Periodic review. On or before October 1, 2004, and on or before October 1 every two years thereafter, the judicial department, the department of corrections, the state board of parole, the division of criminal justice within the department of public safety, and the department of human services shall jointly review the implementation of the standardized procedures and the use of the standardized screening instruments developed pursuant to this article.