2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-10-106) › ORGANIZATION (§§ 17-1-101 — 17-1-207) › Article 1 - DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-1-207) › Part 1 - CORRECTIONS ADMINISTRATION (§§ 17-1-101 — 17-1-168) › Section 17-1-113.8 - Persons with serious behavioral or mental health disorders - long-term isolated confinement - work group - medication-assisted treatment - appropriation - repeal

(1)
The department shall not place a person with a behavioral or serious mental health disorder in long-term isolated confinement except when exigent circumstances are present.
(2)
(a)
There is hereby established within the department a serious mental illness in long-term isolated confinement work group, referred to in this section as the "work group". The work group consists of:
(I)
The deputy executive director of the department, or his or her designee, who shall convene and serve as the chair of the work group;
(II)
The director of clinical and correctional services, within the department, or his or her designee;
(III)
The director of prisons, within the department, or his or her designee;
(IV)
The chief of psychiatry, within the department, or his or her designee;
(V)
The director of behavioral health, within the department, or his or her designee;
(VI)
Two representatives from a nonprofit prisoners' rights advocacy group, one who is appointed by the speaker of the house of representatives and one who is appointed by the president of the senate; and
(VII)
Two mental health professionals independent from the department with particular knowledge of prisons and conditions of confinement, one who is appointed by the speaker of the house of representatives and one who is appointed by the president of the senate.
(b)
(I)
The work group shall advise the department on policies and procedures related to the proper treatment and care of offenders with serious behavioral or mental health disorders in long-term isolated confinement, with a focus on persons with serious behavioral or mental health disorders in long-term isolated confinement.
(II)
The work group has the power to request, on a periodic basis, information and data from the department on the status of the department's work on the subject matter of the work group.
(c)
The chair of the work group shall convene the work group's first meeting no later than July 1, 2014, and the work group must meet at least semi-annually thereafter. The chair shall schedule and convene the work group's meetings.
(d)
The chair shall provide the work group with quarterly updates on the department's policies related to the work group's subject area.
(3)
(a)
The department shall allow medication-assisted treatment, as it is defined in section
23-21-803
, to be provided to individuals who are placed in the custody of the department who were receiving such treatment in a local jail prior to being placed in the custody of the department.
(b)
The department may enter into agreements with community agencies, behavioral health organizations, and substance use disorder treatment organizations to assist in the development and administration of medication-assisted treatment pursuant to this section.
(4)
(a)
For the 2022-23 state fiscal year, the general assembly shall appropriate three million dollars from the behavioral and mental health cash fund created in section
24-75-230
to the department to provide medication-assisted treatment to individuals who are placed in the custody of the department. Any unexpended or unencumbered money appropriated pursuant to this subsection (4)(a) remains available for expenditure for the same purpose in the 2023-24 state fiscal year without further appropriation.
(b)
The department shall use money appropriated pursuant to this subsection (4) for:
(I)
Hardware, software, and infrastructure, including renovations, necessary to store medications at department facilities;
(II)
Providing continuity of care for inmates with a substance use disorder between the institutional settings, including probation, and community-based treatment centers in order to mitigate the illness and suffering surrounding the acute withdrawal of individuals with a substance use disorder; and
(III)
Facilitating the long-term treatment and recovery of individuals upon release.
(c)
This subsection (4) is repealed, effective June 30, 2024.
Amended by 2022 Ch. 193, § 3, eff. 5/19/2022.
Amended by 2019 Ch. 275, § 2, eff. 8/2/2019.
Amended by 2017 Ch. 263, § 129, eff. 5/25/2017.
Added by 2014 Ch. 349, § 1, eff. 6/6/2014.
L. 2014: Entire section added, (SB 14-064), ch. 1567, p. 1567, § 1, effective June 6. L. 2017: (1) and (2)(b)(I) amended, (SB 17-242), ch. 1302, p. 1302, § 129, effective May 25. L. 2019: (3) added, (SB 19-008), ch. 2594, p. 2594, § 2, effective August 2.
For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.