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Bill Detail: SB19-008

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Title Substance Use Disorder Treatment In Criminal Justice System
Status Governor Signed (05/23/2019)
Bill Subjects
  • Crimes, Corrections, & Enforcement
  • Health Care & Health Insurance
House Sponsors J. Singer (D)
C. Kennedy (D)
Senate Sponsors K. Priola (R)
D. Moreno (D)
B. Pettersen (D)
House Committee Judiciary
Senate Committee Judiciary
Date Introduced 01/04/2019
Description

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.
1

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (04/16/2019) (most recent)  
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  • Past fiscal notes
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