2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 11.9 - PERSONS WITH BEHAVIORAL OR MENTAL HEALTH DISORDERS IN THE CRIMINAL JUSTICE SYSTEM (§§ 16-11.9-101 — 16-11.9-201) › Part 1 - STANDARDIZED SCREENING PROCESS FOR PERSONS WITH BEHAVIORAL OR MENTAL HEALTH DISORDERS (§§ 16-11.9-101 — 16-11.9-105) › Section 16-11.9-102 - Screening for behavioral or mental health disorders - standardized process - development

(1)
The director of the division of criminal justice in the department of public safety is responsible for ensuring that the head of the department of psychiatry at the university of Colorado health sciences center, the judicial department, the department of corrections, the state board of parole, the division of criminal justice in the department of public safety, the behavioral health administration in the department of human services, and the units responsible for the mental health institutes and forensic services in the department of human services meet and cooperate to develop a standardized screening procedure for the assessment of behavioral or mental health disorders in persons who are involved in the adult criminal justice system. The standardized screening procedure must include, but is not limited to:
(a)
Development or identification of one or more standardized instruments for screening persons who are involved in the adult criminal justice system;
(b)
Development of criteria for potential use of such standardized instruments, including consideration of methods of addressing confidential communications by those persons who will be screened for behavioral or mental health disorders;
(c)
Identification of those persons who will be utilizing the standardized screening instruments, and consideration of training requirements for such persons;
(d)
Identification of those persons who will be screened for behavioral or mental health disorders;
(e)
The stages within the adult criminal justice system at which a person shall be screened for a behavioral or mental health disorder, including consideration of methods of addressing confidential communications by a person screened for a behavioral or mental health disorder;
(f)
Consideration of a standard definition of a behavioral or mental health disorder, including a serious behavioral or mental health disorder; and
(g)
Development of procedures for referral for further assessment based on the results of the screening.
(2)
In conjunction with the development of a standardized behavioral or mental health disorder screening procedure for the adult criminal justice system as specified in subsection (1) of this section, the judicial department, the division of youth services in the department of human services, the unit responsible for child welfare services in the department of human services, the behavioral health administration in the department of human services, the units responsible for the mental health institutes and forensic services in the department of human services, the division of criminal justice in the department of public safety, and the department of corrections shall cooperate to develop a standardized screening procedure for the assessment of behavioral or mental health disorders in juveniles who are involved in the juvenile justice system. The standardized screening procedure must include, but is not limited to:
(a)
Development or identification of one or more standardized instruments for screening persons who are involved in the juvenile justice system;
(b)
Development of criteria for potential use of such standardized instruments, including consideration of methods of addressing confidential communications by those persons who will be screened for behavioral or mental health disorders;
(c)
Identification of those persons who will be utilizing the standardized screening instruments, and consideration of training requirements for such persons;
(d)
Identification of those persons who will be screened for behavioral or mental health disorders;
(e)
The stages within the juvenile justice system at which a person shall be screened for a behavioral or mental health disorder, including consideration of methods of addressing confidential communications by a person screened for a behavioral or mental health disorder;
(f)
Consideration of a standard definition of a behavioral or mental health disorder, including a serious behavioral or mental health disorder; and
(g)
Development of procedures for referral for further assessment based on the results of the screening.
Amended by 2022 Ch. 222,§15, eff. 7/1/2022.
Amended by 2017 Ch. 381,§15, eff. 6/6/2017.
Amended by 2017 Ch. 263,§126, eff. 5/25/2017.
L. 2000: Entire article added, p. 201, § 1, effective March 29. L. 2002: (1)(e), (1)(f), (2)(e), and (2)(f) amended and (1)(g) and (2)(g) added, p. 580, §§ 16, 17, effective May 24. L. 2011: IP(1) and IP(2) amended, (HB 11-1303), ch. 264, p. 1154, §25, effective August 10. L. 2017: IP(1), (1)(b), (1)(d), (1)(e), (1)(f), IP(2), (2)(b), (2)(d), (2)(e), and (2)(f) amended, (SB 17-242), ch. 263, p. 1300, § 126, effective May 25; IP(2) amended, (HB 17-1329), ch. 381, p. 1969, § 15, effective June 6.
Amendments to the introductory portion to subsection (2) by SB 17-242 and HB 17-1329 were harmonized.
For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.