CO Code § 18-1.9-104 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.9 - Continuing Examination of the Treatment of Persons With Mental Health Disorders Who Are Involved in the Justice System|§ 18-1.9-104. Task Force Concerning the Treatment of Persons With Mental Health Disorders in the Criminal and Juvenile Justice Systems - Creation - Membership - Duties

  Creation.   There is created a task force concerning treatment of persons with mental health disorders in the criminal and juvenile justice systems in Colorado. The task force consists of thirty-three members appointed as provided in subsections (1)(b) and (1)(c) of this section and any staff support as provided for in section 18-1.9-105.    The chief justice of the Colorado supreme court shall appoint four members who represent the judicial department, two of whom shall represent the division of probation within the department, one of whom shall have experience handling juvenile justice matters within the department, and one of whom shall have experience handling adult criminal justice matters within the department.    The chair and vice-chair of the committee shall appoint twenty-nine members as follows:   One member who represents the division of criminal justice within the department of public safety;    Two members who represent the department of corrections, one of whom represents the division of parole within the department;    Two members who represent local law enforcement agencies, one of whom shall be in active service and the other one of whom shall have experience dealing with juveniles in the juvenile justice system;    Five members who represent the department of human services, as follows:   One member who represents the office of behavioral health in the department of human services;    One member who represents the division of youth services;    One member who represents the unit within the department of human services that is responsible for child welfare services;    (Deleted by amendment,L. 2009, p. 140, § 3, effective August 5, 2009.)    One member who represents the Colorado mental health institute at Pueblo; and    One member who represents the mental health planning and advisory committee within the department of human services;       One member who represents the interests of county departments of human or social services;    One member who represents the department of education;    One member who represents the state attorney general's office;    One member who represents the district attorneys within the state;    Two members who represent the criminal defense bar within the state, one of whom shall have experience representing juveniles in the juvenile justice system;    Two members who are licensed mental health professionals practicing within the state, one of whom shall have experience treating juveniles;    One member who represents community mental health centers within the state;    One member who is a person with knowledge of public benefits and public housing within the state;    One member who is a practicing forensic professional within the state;    Three members of the public as follows:   One member who has a mental health disorder and has been involved in the criminal justice system in this state;    One member who has an adult family member who has a mental health disorder and has been involved in the criminal justice system in this state; and    One member who is the parent of a child who has a mental health disorder and has been involved in the juvenile justice system in this state;       One member who represents the department of health care policy and financing;    One member who represents the department of labor and employment;    One member who represents the office of the child's representative;    One member who represents the office of the alternate defense counsel; and    One member who represents a nonprofit organization that works on statewide legislation and organizing Coloradans to promote behavioral, mental, and physical health needs.       A vacancy occurring in a position filled by the chief justice of the Colorado supreme court pursuant to paragraph (b) of this subsection (1) shall be filled as soon as possible by the chief justice of the Colorado supreme court in accordance with the limitations specified in paragraph (b) of this subsection (1). In addition, the chief justice of the Colorado supreme court may remove and replace any appointment to the task force made pursuant to paragraph (b) of this subsection (1).    A vacancy occurring in a position filled by the chair and vice-chair of the committee pursuant to paragraph (c) of this subsection (1) shall be filled as soon as possible by the chair and vice-chair of the committee in accordance with the limitations specified in paragraph (c) of this subsection (1). In addition, the chair and vice-chair of the committee may remove and replace any appointment to the task force made pursuant to paragraph (c) of this subsection (1).    In making appointments to the task force, the appointing authorities shall ensure that the membership of the task force reflects the ethnic, cultural, and gender diversity of the state; includes representation of all areas of the state; and, to the extent practicable, includes persons with disabilities.       Issues for study. The task force shall examine the identification, diagnosis, and treatment of persons with mental health disorders who are involved in the state criminal and juvenile justice systems, including an examination of liability, safety, and cost as they relate to these issues. The task force shall specifically consider, but need not be limited to, the following issues, on or after July 1, 2014:   Housing for a person with a mental health disorder after his or her release from the criminal or juvenile justice system;    Medication consistency, delivery, and availability;    Best practices for suicide prevention, within and outside of correctional facilities;    Treatment of co-occurring disorders;    Awareness of and training for enhanced staff safety, including expanding training opportunities for providers;    Enhanced data collection related to issues affecting persons with mental health disorders in the criminal and juvenile justice systems; and    Any other issue related to the treatment of persons with mental health disorders in the criminal and juvenile justice systems.       Additional duties of the task force. The task force shall provide guidance and make findings and recommendations to the committee for its development of reports and legislative recommendations for modification of the criminal and juvenile justice systems, with respect to persons with mental health disorders who are involved in these systems. In addition, the task force shall:   On or before August 1, 2004, and by each August 1 thereafter, select a chair and a vice-chair from among its members;    Meet at least six times each year, or more often as directed by the chair of the committee;    Communicate with and obtain input from groups throughout the state affected by the issues identified in subsection (2) of this section;    Create subcommittees as needed to carry out the duties of the task force. The subcommittees may consist, in part, of persons who are not members of the task force. Such persons may vote on issues before the subcommittee but shall not be entitled to a vote at meetings of the task force.    Submit a report to the committee by October 1, 2004, and by each October 1 thereafter, that, at a minimum, specifies:   Issues to be studied in upcoming task force meetings and a prioritization of those issues;    Findings and recommendations regarding issues of prior consideration by the task force;    Legislative proposals of the task force that identify the policy issues involved, the agencies responsible for the implementation of the changes, and the funding sources required for implementation.          Flexibility. No requirement set forth in subsection (2) of this section shall prohibit the task force from studying, presenting findings and recommendations on, or requesting permission to draft legislative proposals concerning any issue described in subsection (2) of this section at any time during the existence of the task force.    Compensation. Members of the task force shall serve without compensation. However, members of the task force appointed pursuant to subparagraph (XIV) of paragraph (c) of subsection (1) of this section may receive reimbursement for actual and necessary expenses associated with their duties on the task force.    Coordination. The task force may work with other task forces, committees, or organizations that are pursuing policy initiatives similar to those addressed in subsection (2) of this section. The task force shall consider developing relationships with other task forces, committees, and organizations to leverage efficient policy-making opportunities through collaborative efforts.    Notwithstanding any provision of this section, the task force is not required to meet, submit annual policy and legislative recommendations, or submit an annual report to the committee during the 2020 interim or during any interim in which the general assembly has suspended interim committee activities.     History. Source: L. 2004: Entire article added, p. 1870, § 1, effective June 4. L. 2006: (2)(b.5) added, p. 528, § 1, effective April 18. L. 2008: (1)(a) and IP(1)(c) amended and (1)(c)(XV) added, p. 105, § 1, effective March 19. L. 2009: (1)(c)(IV)(A), (1)(c)(IV)(D), (1)(c)(XV), (3), and (4) amended and (1)(c)(XVI), (2)(f), and (6) added,(HB 09-1021), ch. 33, pp. 140, 141, §§ 3, 4, 5, effective August 5. L. 2010: IP(2)(f), (3)(a), (3)(b), and IP(3)(e) amended,(SB 10-213), ch. 375, p. 1762, § 7, effective June 7. L. 2014: (1)(a), IP(1)(c), IP(1)(c)(IV), (1)(c)(XV), IP(2)(a), IP (2)(b), IP(2)(c), IP(2)(e), IP(2)(f), (3), and (5) amended and (1)(c)(XVII), (1)(c)(XVIII), and (2)(g) added,(SB 14-021), ch. 348, p. 1563, § 3, effective July 1. L. 2017: (1)(a), (1)(c)(IV)(A), (1)(c)(XIV), (1)(f), (2), and IP(3) amended,(SB 17-246), ch. 176, p. 642, § 4, effective April 28; (1)(c)(IV)(B) amended,(HB 17-1329), ch. 381, p. 1971, § 25, effective June 6; (1)(a) amended,(HB 17-1020), ch. 25, p. 75, § 1, effective August 9. L. 2018: (1)(c)(V) amended,(SB 18-092), ch. 38, p. 406, § 25, effective August 8. L. 2020: (1)(a) and IP(1)(c) amended and (1)(c)(XIX) and (7) added,(SB 20-042), ch. 129, p. 556, § 2, effective June 26.    Editor's note:    Subsection (2)(b.5)(IV) provided for the repeal of subsection (2)(b.5), effective December 30, 2006. (SeeL. 2006, p. 528.)    Amendments to subsection (1)(a) by HB 17-1020 and SB 17-246 were harmonized.     Cross references:   For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.