2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PREVENTION, INTERVENTION, AND TREATMENT SERVICES (§§ 25-20.5-101 — 25-20.5-2207) › Article 20.5 - PREVENTION, INTERVENTION, AND TREATMENT SERVICES FOR CHILDREN AND YOUTH (§§ 25-20.5-101 — 25-20.5-2207) › Part 15 - HOUSE BILL 22-1326 INDEPENDENT STUDY (§ 25-20.5-1501) › Section 25-20.5-1501 - Independent study - report - repeal

(1)
(a)
By October 1, 2023, the department shall contract with an independent entity to conduct a study and publish a report concerning the impact and implementation of House Bill 22-1326.
(b)
The department shall consult with the judicial department, the behavioral health administration, and other stakeholders identified by the department in developing and issuing a request for proposals to ensure candidates have expertise in data collection and program analysis and relevant criminal law and harm reduction issues.
(2)
At a minimum, the independent entity shall identify and report findings regarding available data and information from July 1, 2019, through June 30, 2024, obtained from the Colorado judicial department and treatment providers serving the probation population. Data and information from cases filed and practices implemented prior to July 1, 2022, must be included in the study in an effort to establish baseline information, as necessary. The data and information must be reported both on a statewide basis and disaggregated by judicial district. The data and information must include, but is not limited to, every case with a charge filed pursuant to section
18-18-403.5
(2.5) for the unlawful possession of fentanyl, carfentanil, benzimidazole opiate, or an analog thereof, including:
(a)
Whether a misdemeanor or felony charge was filed;
(b)
Whether an arrest was made or a summons was issued for the charge;
(c)
Whether another criminal charge was filed in the case, and if so, what charge;
(d)
The disposition of the case, including the sentence imposed;
(e)
Whether the defendant is currently serving the sentence and if the sentence includes probation supervision;
(f)
Whether the defendant successfully completed the sentence, including if the defendant successfully completed an initial probationary sentence or whether probation was revoked and resulted in incarceration in jail or prison;
(g)
If probation was revoked, whether the revocation was for a new criminal case or a technical violation;
(h)
Whether substance use treatment was ordered and, if so, what type, including whether the court ordered placement in a residential treatment facility pursuant to section
18-1.3-410
or
18-1.3-510
; and
(i)
The race, gender, and age of the defendant and whether the defendant was represented by court-appointed counsel or otherwise determined to be indigent.
(3)
At a minimum, the independent entity shall identify and report findings based on available data and information obtained from the behavioral health administration, the department, managed service organizations, and other applicable agencies and treatment providers regarding:
(a)
The prevention and education campaign developed by the department pursuant to section
25-1.5-115.5
and the fentanyl education program developed by the behavioral health administration pursuant to section
27-80-128
, including the method and reach of the campaign and program;
(b)
The implementation of medication-assisted treatment and other appropriate withdrawal management care by every jail;
(c)
The eligible entities that purchased opioid antagonists through the opioid antagonist bulk purchase fund pursuant to section
25-1.5-115
, including the amount of opioid antagonists purchased by each eligible entity and the revenue received by the bulk purchase fund;
(d)
The eligible entities that received non-laboratory synthetic opiate detection tests pursuant to section
25-1.5-115.3
and the amount of non-laboratory synthetic opiate detection tests received by each eligible entity;
(e)
The harm reduction grant program, created in section
25-20.5-1101
, including:
(I)
The grantees, the uses of each grant, the amount of the grant award, the number of people served by the grant, and any available outcome measures as a result of the grant uses;
(II)
Strategies developed and implemented through the program, if any, for serving populations who are at a higher risk of overdose and live in underserved areas; and
(III)
Evidence-based research developed through the program concerning best or promising practices in overdose prevention, early intervention, harm reduction, and medication-assisted treatment;
(f)
Every overdose death caused by fentanyl, carfentanil, benzimidazole opiate, or an analog thereof occurring in a jail, prison, or residential community corrections facility or while under probation, parole, or pretrial release;
(g)
The managed service organization contracts developed pursuant to section
27-80-107.8
to provide short-term residential placement for withdrawal management, crisis stabilization, or medication-assisted treatment, including the number of facilities, their location, services provided, and the number of persons served; and
(h)
The training and coordination efforts developed and implemented between managed service organizations, first responders, and referring entities regarding the available services to be utilized in lieu of arrest and transport to jail.
(4)
The independent entity shall request all necessary data necessary to complete the study, and each agency or organization shall establish any data-sharing agreement necessary, subject to all federal and state privacy laws necessary to protect privacy, to support the study.
(5)
By December 31, 2024, the independent entity shall submit a completed comprehensive report of its findings pursuant to subsection (2) of this section to the department.
(6)
By January 31, 2025, the department shall publish the report on its website and shall submit the report to the judiciary committees of the house of representatives and the senate, or any successor committees.
(7)
This part 15 is repealed, effective July 1, 2025.
Amended by 2024 Ch. 458,§ 22, eff. 6/6/2024.
Amended by 2023 Ch. 8, § 1, eff. 3/3/2023.
Added by 2022 Ch. 225, § 35, eff. 7/1/2022.