2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › CORRECTIONAL FACILITIES AND PROGRAMS (§§ 17-18-101 — 17-34-102) › PROGRAMS (§§ 17-27-101 — 17-34-102) › Article 27.1 - NONGOVERNMENTAL FACILITIES - NOTICE REQUIREMENTS (§ 17-27.1-101) › Section 17-27.1-101 - Nongovernmental facilities for offenders - registration - notifications - penalties - definitions

(1)
(a)
The general assembly finds that the transfer into Colorado of persons that have been convicted of or have agreed to a deferred judgment, deferred sentence, or deferred prosecution for a crime in another state who are required to participate in private treatment programs in this state is a matter of statewide and local concern.
(b)
The general assembly further finds that although Colorado is a signatory to the "Interstate Compact for Adult Offender Supervision" established pursuant to part 28 of article
60
of title
24
, C.R.S., more information concerning out-of-state offenders is necessary for the protection of the citizens of Colorado, and it may be necessary to further regulate programs that provide treatment and services to such persons.
(2)
As used in this section, unless the context otherwise requires:
(a)
(Deleted by amendment, L. 2011, (HB 11-1009), ch. 9, p. 9, § 1, effective March 1, 2011.)
(b)
"Chief law enforcement official" means:
(I)
If a facility of a private treatment program is located within a municipality, the chief of police of such municipality;
(II)
If a facility of a private treatment program is located within a city and county, the manager of safety of such city and county or other person with such duties; and
(III)
If a facility of a private treatment program is not located within a municipality or city and county, the county sheriff of the county where the facility is located.
(b.5)
"Compact administrator" means the person appointed pursuant to the provisions of part 28 of article
60
of title
24
, C.R.S., to be responsible for the administration of the interstate compact.
(c)
"Interstate compact" means the "Interstate Compact for Adult Offender Supervision", part 28 of article
60
of title
24
, C.R.S.
(d)
"Private treatment program" means any residential or nonresidential program that provides services, treatment, rehabilitation, education, or criminal-history-related treatment for supervised or unsupervised persons in need of substance use treatment, sex offender management services, or domestic violence services required as part of the sending state's sentence. "Private treatment program" does not include a licensed behavioral health entity endorsed to provide crisis care or withdrawal management, a private contract prison facility, a prison facility operated by a political subdivision of the state, a facility providing treatment for persons with mental health disorders or intellectual and developmental disabilities, or a community corrections program established pursuant to article
27
of this title 17.
(e)
"Sending state" shall have the same meaning as in the interstate compact.
(f)
"Supervised person" means a person eighteen years of age or older who is adjudicated for or convicted of or has agreed to a deferred judgment, deferred sentence, or deferred prosecution for a crime in another state but is or will be under the supervision of a probation officer or community parole officer in Colorado pursuant to the interstate compact. "Supervised individual" does not include an individual charged with a crime, but not convicted and sentenced, in a sending state.
(g)
"Supervising person" means the person in this state who is in charge of the overall administration of a private treatment program.
(h)
"Unsupervised person" means a person eighteen years of age or older who, although not required to be under the jurisdiction of a probation officer or community parole officer in Colorado, is adjudicated for or convicted of or has agreed to a deferred judgment, deferred sentence, or deferred prosecution for a crime outside of the state of Colorado and is directed to attend a private treatment program in Colorado by any court, department of corrections, state board of parole, probation department, parole division, adult diversion program, or any other similar entity or program in a state other than Colorado. "Unsupervised individual" does not include an individual charged with a crime, but not convicted and sentenced, in a sending state.
(3)
(a)
In order to ensure uniformity and consistency, the sending state shall be in compliance with the provisions of the interstate compact, or the compact administrator shall reject the placement of the supervised person pursuant to subsection (6) of this section.
(b)
A sending state shall not permit travel of a supervised person who is a nonresident of this state to the state of Colorado without written notification from the compact administrator of acceptance of the supervised person into a private treatment program when treatment is required by law or as part of the sending state's sentence.
(c)
Any request for placement of a nonresident of this state in a private treatment program from a sending state shall contain written justification as to why treatment in the state of Colorado is preferable or more beneficial than treatment in the sending state.
(4)
Repealed.
(5)
A private treatment program in Colorado that admits or accepts a supervised or unsupervised person into the program shall, immediately following intake to the program, notify the supervised or unsupervised person of the person's need to register with the compact administrator and shall assist the supervised or unsupervised person in providing the person's name, date of birth, proof of identification, and any necessary release of information to the compact administrator immediately so the department may complete a complete criminal history records check of the person as shown by a national criminal information check.
(6)
(a)
The department shall, within forty-eight hours, run a complete criminal history records check on the individual and verify the person is a supervised or an unsupervised person. If the person is determined to be a supervised or an unsupervised person, the department shall immediately notify the private treatment program and the chief law enforcement official where the private treatment program is located and, if supervised, the person's probation or community parole officer, of the person's status.
(b)
Pursuant to criteria established by the interstate compact, the compact administrator shall either accept or reject the placement of the supervised person in the private treatment program.
(c)
(Deleted by amendment, L. 2000, p. 232, 1, effective July 1, 2000.)
(d)
For all unsupervised persons and for supervised persons that the compact administrator accepts for placement in a private treatment program, the compact administrator shall immediately notify the director of the Colorado bureau of investigation.
(7)
The department shall notify the private treatment program and chief law enforcement official where the private treatment program is located if the person is determined to be a supervised or an unsupervised person.
(7.5)
(a)
A supervised or an unsupervised person may be required to appear at a law enforcement agency for fingerprinting and photographing. A probation department, the division of parole, or other agency responsible for supervising a supervised person is responsible for notifying the person of the fingerprinting and photographing requirement. The compact administrator shall arrange for notification to an unsupervised person of the fingerprinting and photographing requirement and may require authorities in the sending state to assist with notification. A law enforcement agency shall take photographs and fingerprints of a supervised or unsupervised person as required but may set reasonable limitations on the hours and location.
(b)
For a supervised person, the private treatment program must be:
(I)
Approved by the behavioral health administration in the department of human services if the program provides alcohol or substance use treatment to a supervised person if the treatment would be required if the offense had been committed in Colorado;
(II)
Certified or approved by the sex offender management board, established in section
16-11.7-103
, if the program provides sex offender treatment to a supervised person if the treatment would be required if the offense had been committed in Colorado;
(III)
Certified or approved by the domestic violence offender management board, established in section
16-11.8-103
, if the program provides treatment to a supervised person if the treatment for an offense if committed in Colorado would have been an act of domestic violence as defined in section
18-6-800.3
, or of an act for which the underlying factual basis included an act of domestic violence; or
(IV)
Licensed or certified by the division of adult parole in the department of corrections, the department of regulatory agencies, the behavioral health administration in the department of human services, the state board of nursing, or the Colorado medical board, if the program provides treatment that requires certification or licensure.
(c)
(I)
If the supervised person is a resident of the state of Colorado, the supervised person shall confirm that the sending state has provided all information concerning the supervised person required by the interstate compact to the compact administrator.
(II)
If the supervised person is a nonresident of the state of Colorado, the supervised person shall confirm that the compact administrator has accepted the person for placement in the private treatment program.
(8)
(a)
The private treatment program shall immediately notify the chief law enforcement official where the program is located and, if supervised, the person's probation or community parole officer whenever any person directed to appear in a facility operated by the program fails to appear or is absent without authority.
(b)
The private treatment program shall notify the chief law enforcement official where the program is located and, if supervised, the person's probation or community parole officer at least seven days prior to the release of any person placed in such program.
(9)
(a)
Any private treatment program or supervising person that violates this section may be reported to the appropriate licensing, certifying, or approving agency responsible for oversight of the private treatment program for potential corrective action.
(b)
(Deleted by amendment, L. 2023.)
(10)
(a)
In addition to any other duties, the compact administrator may promulgate rules governing unsupervised persons including but not limited to their identification.
(b)
(Deleted by amendment, L. 2000, p. 232, § 1, effective July 1, 2000.)
(11)
Nothing in this section shall be deemed to prohibit any unit of local government, as defined in section
17-27-102 (8)
, from enacting ordinances and regulations concerning the licensing of private treatment programs located within their jurisdiction and providing for the punishment for the operation of unlicensed private treatment programs.
(12)
(Deleted by amendment, L. 2000, p. 232, § 1, effective July 1, 2000.)
(13)
The department shall periodically update the out-of-state offender questionnaire used by private treatment providers. In updating the questionnaire, the department shall engage stakeholders, including, but not limited to, the behavioral health administration in the department of human services, substance use treatment providers, law enforcement, the office of the state public defender, and other concerned stakeholders.
Amended by 2023 Ch. 233,§ 1, eff. 8/7/2023.
Amended by 2022 Ch. 222, § 23, eff. 7/1/2022.
Amended by 2018 Ch. 35, § 17, eff. 8/8/2018.
Amended by 2017 Ch. 263, § 12, eff. 5/25/2017.
L. 86: Entire article added, p. 765, § 1, effective July 1; entire section amended, p. 763, § 5, effective July 1. L. 93: (1) amended, p. 718, § 4, effective July 1. L. 95: (1) amended, p. 1098, § 18, effective May 31. L. 98: (2) amended, p. 820, § 20, effective August 5. L. 99: Entire section R&RE, p. 1172, § 1, effective June 2. L. 2000: (2)(d), (2)(f), (2)(g), (2)(h), (3), (5)(a), (5)(c), (6)(c), (10)(b), and (12) amended, p. 232, § 1, effective July 1. L. 2002: (5)(a)(I) amended, p. 666, § 12, effective May 28. L. 2006: (2)(d) amended, p. 1398, § 47, effective August 7. L. 2008: (2)(f), (2)(h), and (8) amended, p. 658, § 11, effective April 25. L. 2010: (5)(a)(I) amended, (SB 10 -175), ch. 188, p. 784, § 26, effective April 29; (5)(a)(IV) amended, (HB 10 -1260), ch. 403, p. 1987, § 76, effective July 1. L. 2011: (1)(b), (2)(a), (2)(c), (3)(a), (3)(b), IP(5)(a), IP(5)(b), (5)(c), (6)(a), (6)(b), and (10)(a) amended and (2)(b.5) added, (HB 11 -1009), ch. 5, p. 9, § 1, effective March 1; (5)(a)(IV) amended, (HB 11 -1303), ch. 264, p. 1156, § 30, effective August 10. L. 2017: IP(5), (5)(a)(I), and (5)(a)(IV) amended, (SB 17-242), ch. 263, p. 1254, § 12, effective May 25. L. 2018: (2)(d) amended, (SB 18-091), ch. 35, p. 385, § 17, effective August 8.
2023 Ch. 233, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018.