reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-82-205) › Article 81 - SUBSTANCE USE DISORDERS EDUCATION, PREVENTION, AND TREATMENT (§§ 27-81-101 — 27-81-118) › Section 27-81-115 - Emergency service patrol - establishment - rules

(1)
The BHA and cities, counties, city and counties, and regional service authorities may establish emergency service patrols. A patrol consists of persons trained to give assistance in the streets and in other public places to persons who are intoxicated by alcohol, under the influence of drugs, or incapacitated by substances. Members of an emergency service patrol must be capable of providing first aid in emergency situations and are authorized to transport a person intoxicated by alcohol, under the influence of drugs, or incapacitated by substances to the person's home and to and from treatment facilities.
(2)
The commissioner shall adopt rules for the establishment, training, and conduct of emergency service patrols.
Amended by 2022 Ch. 222,§189, eff. 7/1/2022.
Amended by 2020 Ch. 286,§24, eff. 7/13/2020.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 744, p. 744, § 2, effective April 29. L. 2017: (1) amended, (SB 17-242), ch. 1370, p. 1370, § 281, effective May 25. L. 2020: (1) amended, (SB 20-007), ch. 1407, p. 1407, § 24, effective July 13.
This section is similar to former § 25-1-314 as it existed prior to 2010.
For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-82-205) › Article 81 - SUBSTANCE USE DISORDERS EDUCATION, PREVENTION, AND TREATMENT (§§ 27-81-101 — 27-81-118) › Section 27-81-116 - Payment for treatment - financial ability of patients

(1)
If treatment is provided by an approved public treatment facility and the patient, including a committed person, has not paid the charge therefor, the approved treatment facility is entitled to any payment received by the patient or to which the patient may be entitled because of the services rendered and from any public or private source available to the approved treatment facility because of the treatment provided to the patient. The approved treatment facility may seek and obtain a judgment in an appropriate court for any fees or charges that have not been paid.
(2)
A patient in an approved treatment facility, or the estate of the patient, or a person obligated to provide for the cost of treatment and having sufficient financial ability is liable to the approved treatment facility for the cost of maintenance and treatment of the patient therein in accordance with rates established. The approved treatment facility may seek and obtain a judgment in an appropriate court for any fees or charges that have not been paid.
(3)
The commissioner shall adopt rules that establish a standardized ability-to-pay schedule, under which those with sufficient financial ability are required to pay the full cost of services provided and those who are totally without sufficient financial ability are provided appropriate treatment at no charge. The schedule shall take into consideration the income, including government assistance programs, savings, and other personal and real property, of the person required to pay and any support the person required to pay furnishes to another person as required by law.
(4)
Nothing in this section shall prohibit an approved treatment facility from charging a minimal fee for therapeutic purposes.
Amended by 2022 Ch. 222,§190, eff. 7/1/2022.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 744, §2, effective April 29.
This section is similar to former § 25-1-315 as it existed prior to 2010.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-82-205) › Article 81 - SUBSTANCE USE DISORDERS EDUCATION, PREVENTION, AND TREATMENT (§§ 27-81-101 — 27-81-118) › Section 27-81-117 - Criminal laws - limitations

(1)
A county, municipality, or other political subdivision may not adopt or enforce a local law, ordinance, resolution, or rule having the force of law that includes drinking, being a person with an alcohol use disorder, or being found in an intoxicated condition as one of the elements of the offense giving rise to a criminal or civil penalty or sanction.
(2)
A county, municipality, or other political subdivision shall not interpret or apply any law of general application to circumvent the provisions of subsection (1) of this section.
(3)
Nothing in this article 81 affects any law, ordinance, resolution, or rule against drunken driving, driving under the influence of alcohol or drugs, or other similar offense involving the operation of a vehicle, an aircraft, or a boat or machinery or other equipment or regarding the sale, purchase, dispensing, possessing, or use of drugs or alcoholic beverages at stated times and places or by a particular class of persons.
(4)
The fact that a person is intoxicated by alcohol, under the influence of drugs, or incapacitated by substances does not prevent the person's arrest or prosecution for the commission of any criminal act or conduct not enumerated in subsection (1) of this section.
(5)
Nothing in this article 81 limits the right of a police officer to make an otherwise legal arrest, notwithstanding the fact that the arrested person may be intoxicated by alcohol, under the influence of drugs, or incapacitated by substances.
Amended by 2020 Ch. 286,§ 25, eff. 7/13/2020.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 744, p. 744, § 2, effective April 29. L. 2017: (1) amended, (SB 17-242), ch. 1370, p. 1370, § 282, effective May 25. L. 2020: Entire section amended, (SB 20-007), ch. 1407, p. 1407, § 25, effective July 13.
This section is similar to former § 25-1-316 as it existed prior to 2010.
For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-82-205) › Article 82 - MATERNAL AND CHILD HEALTH PILOT PROGRAM (§§ 27-82-101 — 27-82-205) › Part 1 - [Repealed] (§ 27-82-101) › Section 27-82-101 - to 27-82-114 - [Repealed]

Repealed by 2020 Ch. 286,§27, eff. 7/13/2020.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 745, §2, effective April 29. L. 2017: Entire section amended, (SB 17-242), ch. 263, p. 1370, § 283, effective May 25.
(1) This part 1 was added with relocations in 2010, except for §§
27-82-103.5
and
27-82-114
, which were added in 2019.
(2) This part 1 was repealed and relocated to various sections within article
81
of title
27
in 2020.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-82-205) › Article 82 - MATERNAL AND CHILD HEALTH PILOT PROGRAM (§§ 27-82-101 — 27-82-205) › Part 2 - MATERNAL AND CHILD HEALTH PILOT PROGRAM (§§ 27-82-201 — 27-82-205) › Section 27-82-201 - Legislative declaration

The general assembly finds and declares that facilities that provide treatment to individuals with a substance use disorder, including medication-assisted treatment, and clinics that provide obstetric and gynecological health-care services would better serve pregnant and postpartum women if the services could be coordinated and provided to women at the same location. It is the intent of the general assembly to fund a pilot program to integrate these health-care services at specified facilities and clinics and require the BHA to evaluate the pilot program and report the results of the pilot program to the general assembly.
Amended by 2022 Ch. 222,§192, eff. 7/1/2022.
Added by 2019 Ch. 276,§13, eff. 5/23/2019.
L. 2019: Entire part added, (SB 19-228), ch. 2607, p. 2607, § 13, effective May 23.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-82-205) › Article 82 - MATERNAL AND CHILD HEALTH PILOT PROGRAM (§§ 27-82-101 — 27-82-205) › Part 2 - MATERNAL AND CHILD HEALTH PILOT PROGRAM (§§ 27-82-201 — 27-82-205) › Section 27-82-202 - Definitions

As used in this part 2, unless the context otherwise requires:
(1)
"Behavioral health administration" or "BHA" means the behavioral health administration established in section
27-50-102
.
(1.5)
"Clinic" means a site that provides obstetric and gynecological health care.
(2)
"Licensed health-care provider" means a physician or physician assistant licensed pursuant to article
240
of title
12
or a nurse or certified midwife licensed pursuant to part 1 of article
255
of title
12
.
(3)
"Pilot program" means the maternal and child health pilot program created in section
27-82-203
.
(4)
"Treatment facility" means a health-care facility that provides substance use disorder or medication-assisted treatment and that is approved by the behavioral health administration pursuant to section
27-81-106
.
Amended by 2023 Ch. 261,§ 66, eff. 5/25/2023.
Amended by 2022 Ch. 222, § 193, eff. 7/1/2022.
Amended by 2020 Ch. 286, § 54, eff. 7/13/2020.
Amended by 2020 Ch. 157, § 68, eff. 7/1/2020.
Added by 2019 Ch. 276, § 13, eff. 5/23/2019.
L. 2019: Entire part added, (SB 19-228), ch. 2607, p. 2607, § 13, effective May 23. L. 2020: (2) amended, (HB 20-1183), ch. 705, p. 705, § 68, effective July 1; (4) amended, (SB 20-007), ch. 1417, p. 1417, § 54, effective July 13.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-82-205) › Article 82 - MATERNAL AND CHILD HEALTH PILOT PROGRAM (§§ 27-82-101 — 27-82-205) › Part 2 - MATERNAL AND CHILD HEALTH PILOT PROGRAM (§§ 27-82-201 — 27-82-205) › Section 27-82-204 - Funding for pilot program

(1)
(a)
For the 2021-22 fiscal year, and each fiscal year thereafter, the general assembly shall appropriate money from the marijuana tax cash fund created in section
39-28.8-501(1)
to the BHA to implement the pilot program. The BHA may use a portion of the money annually appropriated for the pilot program to pay the direct and indirect costs incurred to administer the pilot program.
(b)
If any unexpended or uncommitted money appropriated for a fiscal year remains at the end of that fiscal year, the BHA may expend the money in accordance with this section in the succeeding fiscal year without further appropriation.
(2)
The BHA may solicit, accept, and expend any gifts, grants, or donations from private or public sources to implement or administer the pilot program.
Amended by 2022 Ch. 222,§195, eff. 7/1/2022.
Amended by 2021 Ch. 362,§26, eff. 6/28/2021.
Added by 2019 Ch. 276,§13, eff. 5/23/2019.
L. 2019: Entire part added, (SB 19-228), ch. 2609, p. 2609, § 13, effective May 23. L. 2021: (1) amended, (SB 21-137), ch. 2381, p. 2381, § 26, effective June 28.
For the short title ("Behavioral Health Recovery Act of 2021") and the legislative declaration in SB 21-137, see sections 1 and 2 of chapter 362, Session Laws of Colorado 2021.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-82-205) › Article 82 - MATERNAL AND CHILD HEALTH PILOT PROGRAM (§§ 27-82-101 — 27-82-205) › Part 2 - MATERNAL AND CHILD HEALTH PILOT PROGRAM (§§ 27-82-201 — 27-82-205) › Section 27-82-205 - [Repealed]

Repealed by 2021 Ch. 362,§36, eff. 6/28/2021.
L. 2019: Entire part added, (SB 19-228), ch. 2609, p. 2609, § 13, effective May 23. L. 2021: Entire section repealed, (SB 21-137), ch. 2387, p. 2387, § 36, effective June 28.
For the short title ("Behavioral Health Recovery Act of 2021") and the legislative declaration in SB 21-137, see sections 1 and 2 of chapter 362, Session Laws of Colorado 2021.
Added by 2019 Ch. 276,§13, eff. 5/23/2019.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 90 - INSTITUTIONS - DEPARTMENT OF HUMAN SERVICES (§§ 27-90-100.3 — 27-90-112) › Section 27-90-100.3 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Department" means the department of human services created in section
26-1-105
, C.R.S.
(2)
"Executive director" means the executive director of the department of human services.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 755, §2, effective April 29.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 90 - INSTITUTIONS - DEPARTMENT OF HUMAN SERVICES (§§ 27-90-100.3 — 27-90-112) › Section 27-90-103 - State board of human services - rules

(1)
The state board of human services, created in section
26-1-107
, C.R.S., is authorized to adopt "board rules" as necessary to implement the programs administered and the services provided by the department as provided in this title. The rules shall be promulgated in accordance with the provisions of section
24-4-103
, C.R.S.
(2)
"Board rules" are rules promulgated by the state board of human services governing:
(a)
Program scope and content;
(b)
Requirements, obligations, and rights of clients and recipients;
(c)
Nonexecutive director rules concerning vendors, providers, and other persons affected by acts of the department.
(3)
(a)
Any rules adopted by the executive director to implement the provisions of this title prior to March 25, 2009, whose content meets the definition of "board rules" shall continue to be effective until revised, amended, or repealed by the state board of human services.
(b)
Any rules adopted by the state board to implement the provisions of this title prior to March 25, 2009, whose content meets the definition of "executive director rules" shall continue to be effective until revised, amended, or repealed by the executive director.
(4)
Whenever a statutory grant of rule-making authority in this title refers to the department, the state department, or the department of human services, it shall mean the department of human services acting through either the state board of human services or the executive director. When exercising rule-making authority under this title, the state department, either acting through the state board or the executive director, shall establish rules consistent with the powers and the distinction between "board rules" as set forth in this section and "executive director rules" as set forth in section
27-90-102
.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 758, §2, effective April 29.
This section is similar to former § 27-1-103.5 as it existed prior to 2010.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 90 - INSTITUTIONS - DEPARTMENT OF HUMAN SERVICES (§§ 27-90-100.3 — 27-90-112) › Section 27-90-104 - Institutions managed, supervised, and controlled

(1)
The department shall manage, supervise, and control the following state institutions:
(a)
Colorado mental health institute at Pueblo;
(b)
Wheat Ridge regional center;
(c)
Grand Junction regional center;
(d)
Lookout Mountain school, at Golden;
(e)
Mount View school, at Morrison;
(f)
Colorado mental health institute at Fort Logan, in Denver;
(g)
Golden Gate youth camp, in Gilpin county;
(h)
Lathrop Park youth camp, in Huerfano county; and
(i)
Pueblo regional center.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 759, §2, effective April 29.
This section is similar to former § 27-1-104 as it existed prior to 2010.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 90 - INSTITUTIONS - DEPARTMENT OF HUMAN SERVICES (§§ 27-90-100.3 — 27-90-112) › Section 27-90-105 - Future juvenile detention facility needs

(1)
(a)
The general assembly hereby finds and declares that currently there are no juvenile detention facilities with commitment beds or locked detention beds in the southwest portion of Colorado and that the nearest such facility in the Grand Junction or Glenwood Springs area is as much as four hours away from some southwestern communities. As a result of this distance, authorities in the southwest region of the state often avoid detention even though such avoidance presents a public safety problem, and those juveniles who are taken to distant facilities lose the critical access to family members and local community agencies that would otherwise render their transitional return to the community less difficult.
(b)
The general assembly further finds and declares that the juvenile population in detention is expected to increase by seventy and nine hundredths percent by the year 2002. In addition, the general assembly finds and declares that the juvenile commitment population is expected to increase by forty-nine and nine-tenths percent by the year 2002. The general assembly finds and declares that the growth patterns on the western slope of the state have led to a growth in population of at-risk youth and increased crime and that the office of youth services accordingly has experienced a shortfall of both detention and commitment beds in the western part of the state.
(c)
The general assembly therefore determines that it would be appropriate to consider the need for the construction of a juvenile detention facility in southwest Colorado.
(2)
(a)
The department is directed to assess the need for, and to determine the community commitment to, a new multipurpose juvenile detention facility to be constructed in La Plata county that would serve the following detention and treatment needs of juveniles in the southwest portion of the state:
(I)
Secure facility housing of juveniles who are detained on juvenile-related charges; and
(II)
Secure facility and medium secure facility housing of juveniles who are committed to the division of youth services.
(b)
In assessing the need for such a facility and the services to be rendered at such a facility, the department shall evaluate privatization options.
(3)
The department shall present its findings, conclusions, and recommendations to the capital development committee of the general assembly on or before November 1, 1996.
Amended by 2017 Ch. 381,§ 67, eff. 6/6/2017.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 760, §2, effective April 29. L. 2017: (2)(a)(II) amended, (HB 17-1329), ch. 381, p. 1985, § 67, effective June 6.
This section is similar to former § 27-1-104.4 as it existed prior to 2010.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 90 - INSTITUTIONS - DEPARTMENT OF HUMAN SERVICES (§§ 27-90-100.3 — 27-90-112) › Section 27-90-106 - [Repealed]

Repealed by 2015 Ch. 296,§21, eff. 6/5/2015.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 761, §2, effective April 29. L. 2015: Entire section repealed, (SB 15-270), ch. 296, p. 1220, § 21, effective June 5.
This section was similar to former § 27-1-104.5 as it existed prior to 2010.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 90 - INSTITUTIONS - DEPARTMENT OF HUMAN SERVICES (§§ 27-90-100.3 — 27-90-112) › Section 27-90-107 - Transfer of functions

(1)
The department has the authority to execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations vested in the board of control of the state children's home, the board of control of the Mount View girls' school, and the division of administration of the division of parole prior to July 1, 1959.
(2)
Except where the context plainly requires otherwise, "board" or "boards of control", with reference to the institutions and the division listed in subsection (1) of this section, means and refers to the department of human services.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 761, §2, effective April 29.
This section is similar to former § 27-1-106 as it existed prior to 2010.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 90 - INSTITUTIONS - DEPARTMENT OF HUMAN SERVICES (§§ 27-90-100.3 — 27-90-112) › Section 27-90-108 - Transfer of employees, records, and property - retirement benefits protected - decision of governor

(1)
All employees of the division of administration of the division of parole and all employees of the boards of control enumerated in section
27-90-107
who were engaged in the performance of duties prescribed and supervised by the division of administration of the division of parole and the boards, respectively, and who were transferred to the department of institutions on July 1, 1959, shall retain all rights to retirement benefits under the laws of the state, and their services shall be deemed to have been continuous. All funds, accounts, books, records, documents, and equipment of the boards and the division of administration of the division of parole became the property of the department of institutions on July 1, 1959.
(2)
All questions pertaining to the proper disposition of funds, accounts, books, records, documents, or equipment arising under this article and section
17-1-101
, C.R.S., and caused by the transfer of powers, duties, rights, functions, and obligations from any board of control to the department of institutions shall be determined by the governor.
(3)
Whenever in this article a department, agency, division, or unit thereof is transferred to the department of institutions, the provisions of subsections (1) and (2) of this section shall be declared applicable in effecting such transfer.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 761, §2, effective April 29.
This section is similar to former § 27-1-107 as it existed prior to 2010.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 90 - INSTITUTIONS - DEPARTMENT OF HUMAN SERVICES (§§ 27-90-100.3 — 27-90-112) › Section 27-90-109 - Department may accept gifts, donations, and grants

The department or any institution managed, supervised, and controlled by the department may accept or refuse to accept, on behalf of and in the name of the state, gifts, donations, and grants, including grants of federal funds, for any purpose connected with the work or programs of the department or of any such institution. The executive director, with the approval of the governor, has the power to direct the disposition of any such gift, donation, and grant so accepted for any purpose consistent with the terms and conditions under which given.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 762, §2, effective April 29.
This section is similar to former § 27-1-108 as it existed prior to 2010.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 90 - INSTITUTIONS - DEPARTMENT OF HUMAN SERVICES (§§ 27-90-100.3 — 27-90-112) › Section 27-90-110 - Rules for this article 90 and certain provisions in title 19

Pursuant to section
24-4-103
, the department shall promulgate such rules as are necessary to implement the provisions of this article 90 and the procedures specified in sections
19-2.5-305
,
19-2.5-1102
,
19-2.5-1525
,
19-2.5-1532
,
19-3-403
,
19-3-506
,
19-3-507
, and
19-3-508
regarding children who are in detention or who have or may have a behavioral or mental health disorder or an intellectual and developmental disability.
Amended by 2021 Ch. 136,§134, eff. 10/1/2021.
Amended by 2017 Ch. 263,§293, eff. 5/25/2017.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 762, p. 762, § 2, effective April 29. L. 2017: Entire section amended, (SB 17-242), ch. 1376, p. 1376, § 293, effective May 25. L. 2021: Entire section amended, (SB 21-059), ch. 750, p. 750, § 134, effective October 1.
This section is similar to former § 27-1-109 as it existed prior to 2010.
For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 90 - INSTITUTIONS - DEPARTMENT OF HUMAN SERVICES (§§ 27-90-100.3 — 27-90-112) › Section 27-90-112 - Youth neuro-psych facility - funding - repeal

(1)
Beginning July 1, 2022, the department of human services shall begin the process to create, develop, or contract for a neuro-psych facility. The neuro-psych facility must have a capacity of at least sixteen residential beds for Colorado youth who are less than twenty-one years of age. The department shall develop and implement admission criteria that ensures that Colorado children and youth, prior to being admitted, have been evaluated for the least restrictive level of care and that geographic location, current health-care provider, and payer type are not the primary determining factors in whether a youth has access to a bed at the neuro-psych facility.
(2)
(a)
(I)
For the 2022-23 budget year, the general assembly shall appropriate money from the behavioral and mental health cash fund pursuant to section
24-75-230
to the department of human services to fund operational support for psychiatric residential treatment facilities for youth and qualified residential treatment programs for youth across the state as described in this subsection (2).
(II)
Money spent pursuant to this subsection (2) must conform with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as amended. The department of human services shall spend or obligate such appropriation in accordance with section 24-75-226 (4)(d).
(b)
This subsection (2) is repealed, effective September 1, 2027.
(3)
The department of human services and any person that receives money from the department of human services shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section
24-75-226 (5)
.
Amended by 2024 Ch. 429,§ 43, eff. 6/5/2024.
Added by 2022 Ch. 185, § 6, eff. 5/18/2022.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 91 - INSTITUTIONS - GENERAL ADMINISTRATIVE PROVISIONS (§§ 27-91-101 — 27-91-109) › Section 27-91-101 - Legislative declaration

The purpose of this section and section
27-91-102
is to provide for the payment of actual expenses only, in lieu of stated salaries and mileage, to all members of boards of control of state institutions.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 768, §2, effective April 29.
This section is similar to former § 27-2-101 as it existed prior to 2010.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 91 - INSTITUTIONS - GENERAL ADMINISTRATIVE PROVISIONS (§§ 27-91-101 — 27-91-109) › Section 27-91-102 - Boards of control entitled only to actual expenses

A member of a board of control, trustees, or commissioners of all institutions supported by or under the patronage and control of the state shall receive as compensation for his or her services only actual expenses incurred in attendance upon and in going to and returning from each regular and special meeting of the board of control, trustees, or commissioners or for performing any services whatever for the institution of which he or she is a member of the board of control, trustees, or commissioners, payment to be made out of the funds appropriated for the support and maintenance of the respective institutions. In all cases of cash paid out by the member of a board of control, trustees, or commissioners, an itemized account, accompanied by the proper vouchers therefor, signed by the party to whom such money has been paid, shall accompany the vouchers upon which all warrants for such expenditures shall issue.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 768, §2, effective April 29.
This section is similar to former § 27-2-102 as it existed prior to 2010.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 91 - INSTITUTIONS - GENERAL ADMINISTRATIVE PROVISIONS (§§ 27-91-101 — 27-91-109) › Section 27-91-103 - Debts in excess of appropriation - emergencies

The various officers designated by law to control and direct the fiscal affairs of the several state institutions shall not contract within any year any indebtedness in excess of the amount named in any appropriation made for the support of any state institution during that time; but, in cases of emergency, the governor may authorize the contraction of such indebtedness that in his or her judgment is absolutely necessary for the maintenance and support of the institution, until such time as the general assembly meets. The officers of any state institution, supported by the levy of any special tax, shall contract no indebtedness in any year in excess of eighty percent of the gross amount of the levy made for that year from which to support that institution.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 768, §2, effective April 29.
This section is similar to former § 27-2-103 as it existed prior to 2010.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 91 - INSTITUTIONS - GENERAL ADMINISTRATIVE PROVISIONS (§§ 27-91-101 — 27-91-109) › Section 27-91-104 - The term "officer" includes members of boards

The term "officer" as used in section
27-91-105
includes any member of the various boards created by law to govern or supervise the respective state institutions.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 768, §2, effective April 29.
This section is similar to former § 27-2-104 as it existed prior to 2010.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 91 - INSTITUTIONS - GENERAL ADMINISTRATIVE PROVISIONS (§§ 27-91-101 — 27-91-109) › Section 27-91-105 - Indebtedness limited to appropriation

It is unlawful for any officer of any state institution of this state to incur or contract any indebtedness for, on behalf of, or in the name of the state institution or in the name of the state in excess of the sum appropriated by the general assembly for the use or support of the institution for the fiscal year. An officer of any state institution shall not draw any money from the state treasury unless the same is absolutely needed and required by the institution at the time, and then only upon the warrant of the controller.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 768, §2, effective April 29.
This section is similar to former § 27-2-105 as it existed prior to 2010.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 91 - INSTITUTIONS - GENERAL ADMINISTRATIVE PROVISIONS (§§ 27-91-101 — 27-91-109) › Section 27-91-106 - Violation - penalty

Any person who violates any of the provisions of section
27-91-105
is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than three hundred dollars.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 769, §2, effective April 29.
This section is similar to former § 27-2-106 as it existed prior to 2010.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 91 - INSTITUTIONS - GENERAL ADMINISTRATIVE PROVISIONS (§§ 27-91-101 — 27-91-109) › Section 27-91-107 - Purchase of supplies by and from institutions

(1)
The following designated state institutions are within the purview of this section: All facilities of the departments of corrections and human services, the Colorado mental health institute at Pueblo, the Wheat Ridge regional center, the Grand Junction regional center, the Pueblo regional center, the Lookout Mountain school at Golden, the Mount View school at Morrison, the Colorado industries for the blind, and the Colorado psychiatric hospital.
(2)
When any of the institutions enumerated in subsection (1) of this section are in need of supplies that are grown, produced, or manufactured by any other of the institutions, it shall purchase the same from the other institution if it has a surplus thereof of suitable quality available for sale at a price not in excess of the current market price for such supplies, and it is the duty of the managing boards of such respective institutions to require observance of the provisions of this section.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 769, §2, effective April 29.
This section is similar to former § 27-2-107 as it existed prior to 2010.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 91 - INSTITUTIONS - GENERAL ADMINISTRATIVE PROVISIONS (§§ 27-91-101 — 27-91-109) › Section 27-91-109 - Personal display of flags

(1)
The right to display reasonably the flag of the United States shall not be infringed with respect to the display:
(a)
On an individual's person;
(b)
Anywhere on an individual's personal or real property; and
(c)
In the buildings or on the grounds of any tax-supported property in the state; except that the state or political subdivision that has jurisdiction over the building or grounds may adopt reasonable rules and regulations regarding the size, number, placement, manner of display, and lighting of the flag, and the location, size, and height of flagpoles.
(2)
(a)
Notwithstanding any provision of subsection (1) of this section to the contrary, the right with respect to an individual's real property shall be subject to reasonable restrictive covenants or equitable servitudes; except that no such covenant or servitude, nor any owners' association shall prohibit the outdoor display of the flag of the United States by a property owner on that owner's property if the flag is displayed in a manner consistent with chapter 1 of title 4 of the United States Code, as amended.
(b)
Notwithstanding any provision of paragraph (a) of this subsection (2) to the contrary, an owners' association, the state, or a political subdivision may adopt reasonable rules and regulations regarding the size, number, placement, manner of display, and lighting of the flag, and the location, size, and height of flagpoles.
(3)
For purposes of this section, "display reasonably" shall be presumed to include a display of the flag of the United States that is consistent with chapter 1 of title 4 of the United States Code, as amended.
(4)
A right described in subsection (1) of this section is a civil right of free speech and a protected form of expression under the first amendment to the United States constitution and section 10 of article II of the state constitution.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 770, §2, effective April 29.
This section is similar to former § 27-2-108.5 as it existed prior to 2010.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 92 - INSTITUTIONS - CHARGES FOR PATIENTS (§§ 27-92-101 — 27-92-109) › Section 27-92-101 - Liability

(1)
When a person is admitted, committed, or transferred to a public institution of this state supervised by the department of human services for the care, support, maintenance, education, or treatment of persons with mental health disorders, the person, his or her spouse, and his or her parents are liable for the costs of his or her care, support, maintenance, and treatment to the extent and in the manner provided in this article 92. No other relatives of the person are liable to any extent for such costs.
(2)
This article 92 also applies to those persons received pursuant to article
8
of title
16
and sections
16-13-216
,
19-2.5-1525
, and
19-2.5-1532
, but not by way of exclusion.
Amended by 2021 Ch. 136,§136, eff. 10/1/2021.
Amended by 2017 Ch. 263,§295, eff. 5/25/2017.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 771, p. 771, § 2, effective April 29. L. 2017: (1) amended, (SB 17-242), ch. 1376, p. 1376, § 295, effective May 25. L. 2021: (2) amended, (SB 21-059), ch. 751, p. 751, § 136, effective October 1.
This section is similar to former § 27-12-101 as it existed prior to 2010.
For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 92 - INSTITUTIONS - CHARGES FOR PATIENTS (§§ 27-92-101 — 27-92-109) › Section 27-92-102 - Cost determination

(1)
The department of human services shall periodically determine the individual cost for the care, support, maintenance, treatment, and education of the patients of each of the public institutions supervised by the department of human services. In making the determination, it is proper for the department to use averaging methods to the extent that it is not practicable, in the judgment of the executive director of the department of human services, to compute the actual cost for each patient.
(2)
With respect to a resident patient who is under the age of twenty-one years, the department of human services shall deduct from the determined cost an amount equal to the average per capita cost for the education of children with disabilities pursuant to article
20
of title
22
, C.R.S.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 771, §2, effective April 29.
This section is similar to former § 27-12-102 as it existed prior to 2010.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 92 - INSTITUTIONS - CHARGES FOR PATIENTS (§§ 27-92-101 — 27-92-109) › Section 27-92-103 - Extent of liability

(1)
The department of human services shall assess against the patient, spouse, or parents made liable by section
27-92-101
, or any of them, all or such part of the cost as they are respectively able to pay, but the department of human services shall not assess against the liable persons in the aggregate more than the whole of such cost.
(2)
The liability of each parent shall cease when such parent has completed the payments as assessed in this article or upon the patient's eighteenth birthday, whichever event first occurs.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 771, §2, effective April 29. L. 2011: (2) amended, (HB 11-1303), ch. 264, p. 1172, §83, effective August 10.
This section is similar to former § 27-12-103 as it existed prior to 2010.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 92 - INSTITUTIONS - CHARGES FOR PATIENTS (§§ 27-92-101 — 27-92-109) › Section 27-92-105 - Effect of determination

A determination of the ability of a patient, spouse, or parent to pay shall remain in effect until a redetermination is made.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 773, §2, effective April 29.
This section is similar to former § 27-12-105 as it existed prior to 2010.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 92 - INSTITUTIONS - CHARGES FOR PATIENTS (§§ 27-92-101 — 27-92-109) › Section 27-92-106 - Appeal

Appeals from the determination of the ability of a patient or relative to pay, as provided in this article, may be taken to any court of record in Colorado having jurisdiction of the patient or his or her spouse or parents liable for payment; but no appeal may be taken until the executive director of the department of human services has ruled upon a written request for a review of the determination. The request shall be made within sixty days after receipt of notification of the determination, and the applicant shall be notified of the decision of the executive director within forty-five days after the receipt of the applicant's request for review.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 773, §2, effective April 29.
This section is similar to former § 27-12-106 as it existed prior to 2010.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 92 - INSTITUTIONS - CHARGES FOR PATIENTS (§§ 27-92-101 — 27-92-109) › Section 27-92-107 - Service

Service of any notification, information, or request for information, review, or redetermination, accomplished by certified mail, return receipt requested, or in any manner provided by the Colorado rules of civil procedure, shall be sufficient for all purposes of this article.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 773, §2, effective April 29.
This section is similar to former § 27-12-107 as it existed prior to 2010.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 92 - INSTITUTIONS - CHARGES FOR PATIENTS (§§ 27-92-101 — 27-92-109) › Section 27-92-108 - Certificate - prima facie evidence

In any action or proceeding to enforce the claims of the state provided for in this article, a certificate by the chief administrative officer of the institution involved or the executive director of the department of human services as to any fact or matter necessary to the establishment of the claim which is a matter of record in the institution or in the department of human services shall constitute prima facie evidence.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 773, §2, effective April 29.
This section is similar to former § 27-12-108 as it existed prior to 2010.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 92 - INSTITUTIONS - CHARGES FOR PATIENTS (§§ 27-92-101 — 27-92-109) › Section 27-92-109 - Further actions

(1)
A patient, spouse, or parent liable by this article who fails to pay the amounts assessed pursuant to this article shall be proceeded against in any manner authorized by law for the collection of sums due and owing to the state of Colorado.
(2)
All property of persons liable pursuant to this article shall be subject to application to claims irrespective of its origin, composition, or source subject to the exemptions set forth in section
13-54-102
, C.R.S.
(3)
Claims against responsible relatives in other states may be enforced as claims for support under the provisions of the "Uniform Interstate Family Support Act", article
5
of title
14
, C.R.S.
(4)
In the absence of fraud, the patient, spouse, and parents shall be liable only to the extent of assessments actually made against them respectively in accordance with this article.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 773, §2, effective April 29.
This section is similar to former § 27-12-109 as it existed prior to 2010.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 93 - COLORADO MENTAL HEALTH INSTITUTE AT PUEBLO (§§ 27-93-101 — 27-93-106) › Section 27-93-101 - Institute established

(1)
There is established the Colorado mental health institute at Pueblo for the treatment and care of persons who may have a behavioral or mental health disorder from any cause and for other persons in state institutions on an inpatient and outpatient basis and in state programs relating to the treatment of substance use disorders who may require medical care and treatment within the capabilities of the staff and facilities of the institute.
(2)
All materials without limitation that contain the former names of the Colorado mental health institute at Fort Logan and the Colorado mental health institute at Pueblo shall be utilized to the maximum extent possible in the ordinary course of business before being replaced.
(3)
The Colorado mental health institute at Pueblo is authorized to contract, pursuant to the federal government procurement process, with federal agencies to provide psychiatric, medical, and surgical services at the institute to persons under the care of or in the custody or control of an agency of the federal government, so long as the provision of such services does not exceed the capabilities of the staff and facilities of the institute and does not preempt services to state patients.
Amended by 2017 Ch. 263,§ 296, eff. 5/25/2017.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 774, §2, effective April 29. L. 2017: (1) amended, (SB 17-242), ch. 263, p. 1377, § 296, effective May 25.
This section is similar to former § 27-13-101 as it existed prior to 2010.
For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › INSTITUTIONS (§§ 27-90-100.3 — 27-94-107) › Article 93 - COLORADO MENTAL HEALTH INSTITUTE AT PUEBLO (§§ 27-93-101 — 27-93-106) › Section 27-93-102 - Capacity to take property

The Colorado mental health institute at Pueblo is authorized to receive gifts, legacies, devises, and conveyances of property, real or personal, that may be made, given, or granted to or for the Colorado mental health institute at Pueblo. The chief officer of the institute, with the approval of the governor, shall make disposition of such gifts or property as may be for the best interest of said Colorado mental health institute at Pueblo.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 774, §2, effective April 29.
This section is similar to former § 27-13-102 as it existed prior to 2010.