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SB19-008

Substance Use Disorder Treatment In Criminal Justice System

Concerning treatment of individuals with substance use disorders who come into contact with the criminal justice system, and, in connection therewith, making an appropriation.
Session:
2019 Regular Session
Subjects:
Crimes, Corrections, & Enforcement
Health Care & Health Insurance
Bill Summary

Opioid and Other Substance Use Disorders Study Committee. Section 1 of the bill requires the Colorado commission on criminal and juvenile justice to study and make recommendations concerning:

  • Alternatives to filing criminal charges against individuals with substance use disorders who have been arrested for drug-related offenses;
  • Best practices for investigating unlawful opioid distribution in Colorado; and
  • A process for automatically sealing criminal records for drug offense convictions.

Section 2 of the bill requires the department of corrections (DOC) to allow medication-assisted treatment to be provided to persons who were receiving treatment in a local jail prior to being transferred to the custody of the DOC. The DOC may enter into agreements with community agencies and organizations to assist in the development and administration of medication-assisted treatment.

Section 3 of the bill contains a legislative declaration that the substance abuse trend and response task force should formulate a response to current and emerging substance abuse problems from the criminal justice, prevention, and treatment sectors that includes the use of drop-off treatment services, mobile and walk-in crisis centers, and withdrawal management programs as an alternative to entry into the criminal justice system for offenders of low-level drug offenses.

Section 4 of the bill creates a simplified process for sealing convictions for level 4 drug felonies, all drug misdemeanors, and any offense committed prior to October 1, 2013, that would have been a level 4 drug felony or drug misdemeanor if committed on or after October 1, 2013. A defendant may file a motion to seal records 3 years or more after final disposition of the criminal proceedings. Conviction records may be sealed only after a hearing and upon court order.

Section 5 of the bill creates the harm reduction grant program to reduce health risks associated with drug use and improve coordination between law enforcement agencies, public health agencies, and community-based organizations. Grants may be awarded to nonprofit organizations, public health agencies, and law enforcement agencies. Section 6 of the bill requires the department of regulatory agencies to review the grant program prior to its scheduled repeal in 2024.

Section 7 of the bill requires jails that receive funding through the jail-based behavioral health services program to have a policy in place on or before January 1, 2020, that describes how medication-assisted treatment will be provided, when necessary, to individuals in the jail. The jail may enter into agreements with community agencies and organizations to assist in the development and administration of medication-assisted treatment.

Section 8 of the bill makes appropriations necessary for the implementation of the bill.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Passed
Became Law

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