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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 directs the department of health care policy and financing to seek federal authorization under the Medicaid program for treatment of substance use disorders for persons confined in jails.

Section 5 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 6 of the bill requires jails that receive funding through the jail-based behavioral health services program to allow medication-assisted treatment to be provided 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 7 of the bill provides an appropriation, including for the following programs funded through the annual long appropriations act:

  • Increasing from 4 to 10 the number of the law-enforcement-assisted diversion pilot programs; and
  • Increasing coresponder funding for criminal justice diversion pilot programs in the office of behavioral health in the department of human services.
    (Note: This summary applies to this bill as introduced.)

Status

Introduced
Under Consideration

Bill Text

Sponsors

Sponsor Type Legislators
Prime Sponsor

Sen. B. Pettersen, Sen. K. Priola
Rep. C. Kennedy, Rep. J. Singer

Sponsor

Co-sponsor