2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1.9 - CONTINUING EXAMINATION OF THE TREATMENT OF PERSONS WITH BEHAVIORAL HEALTH DISORDERS WHO ARE INVOLVED IN THE CRIMINAL AND JUVENILE JUSTICE SYSTEMS (§§ 18-1.9-101 — 18-1.9-107) › Section 18-1.9-104 - Task force concerning the treatment of persons with behavioral health disorders in the criminal and juvenile justice systems - creation - membership - duties

(1)
Creation.
There is created a task force concerning the treatment of persons with behavioral health disorders in the criminal and juvenile justice systems. The task force consists of thirty-one members appointed as provided in subsection (2) of this section and any staff support as provided for in section
18-1.9-105
.
(2)
Membership - terms.
(a)
The chief justice of the Colorado supreme court shall appoint two members who represent the judicial department, one of whom represents the division of probation within the department. Nothing in this section prohibits the chief justice from appointing members who served on the previous task force.
(b)
The following executive branch agencies, divisions, and offices shall appoint or reappoint from the previous task force twelve members. Nothing in this section prohibits the executive branch agencies listed from appointing members who served on the previous task force. The following executive branch agencies shall appoint a representative on or before August 1, 2022:
(I)
The director of the division of criminal justice in the department of public safety shall appoint one member to represent the division;
(II)
The director of the department of corrections shall appoint one member to represent the department;
(III)
The department of human services shall appoint four members as follows:
(A)
The director of the Colorado mental health institute at Pueblo, or the director's designee;
(B)
The commissioner of the behavioral health administration, or the commissioner's designee;
(C)
The director of the division of youth services shall appoint one member to represent the division; and
(D)
The director of the unit within the department of human services that is responsible for child welfare services shall appoint one member to represent the unit;
(IV)
The executive director of the department of education shall appoint one member to represent the department;
(V)
The attorney general shall appoint one member to represent the attorney general's office;
(VI)
The executive director of the department of health care policy and financing shall appoint one member to represent the department;
(VII)
The executive director of the department of labor and employment shall appoint one member to represent the department;
(VIII)
The director of the office of the child's representative shall appoint one member to represent the office; and
(IX)
The director of the office of the alternate defense counsel shall appoint one member to represent the office.
(c)
The chair and vice-chair of the legislative oversight committee shall appoint or reappoint from the previous task force seventeen additional members. Committee staff is responsible for publicly announcing vacancies for the following positions, and requesting candidates submit a letter of interest for the specific position, so that the letters of interest are due no later than one week after June 8, 2022. The legislative oversight committee, by majority vote, shall approve the appointments for these positions. Nothing in this section prohibits the legislative oversight committee from appointing members who served on the previous task force. The task force members to be appointed pursuant to this subsection (2)(c) include:
(I)
Two members who represent local law enforcement agencies, one of whom is in active service as a police officer in the state, and the other is in active service as a sheriff in the state;
(II)
Two members from county departments of human or social services, one of whom represents a rural Colorado perspective;
(III)
One member who represents district attorneys within the state;
(IV)
One member who represents public defenders within the state;
(V)
Two members who represent the criminal defense bar within the state, one of whom has experience representing juveniles in the juvenile justice system;
(VI)
Two members who are licensed mental health professionals practicing within the state, one of whom has experience treating juveniles;
(VII)
One member who is from a community mental health center within the state;
(VIII)
One member who has knowledge of public benefits and public housing within the state;
(IX)
One member who is a mental health professional practicing in forensic environments;
(X)
Three members of the public as follows:
(A)
One member who is living with a behavioral health disorder and has been involved in the criminal or juvenile justice system in the state;
(B)
One member who has an adult family member who has a behavioral health disorder and who is or was involved in the criminal justice system in the state; and
(C)
One member who is the parent of a child who has a behavioral health disorder and who is or was involved in the juvenile justice system in the state; and
(XI)
One member who represents a nonprofit organization that works on statewide legislation and organizing Coloradans to promote behavioral, mental, and physical health needs.
(d)
Beginning on June 8, 2022, members appointed to the task force pursuant to subsection (2)(c) of this section shall serve no more than three consecutive two-year terms, with the appointing authority's approval for each specific term. With the appointing authority's approval, a member of the task force who is serving on the task force as of June 8, 2022, is considered to be beginning the member's first two-year term.
(e)
(I)
A vacancy occurring in a position appointed by the chief justice of the Colorado supreme court pursuant to subsection (2)(a) of this section must be filled as soon as possible by the chief justice of the Colorado supreme court in accordance with the limitations specified in subsection (2)(a) of this section. In addition, the chief justice of the Colorado supreme court may remove and replace any appointment to the task force made pursuant to subsection (2)(a) of this section.
(II)
A vacancy occurring in a position that is appointed by an executive branch agency pursuant to subsection (2)(b) of this section must be filled as soon as possible by the initial appointing executive branch agency. In addition, the initial appointing executive branch agency may remove and replace any appointment it made to the task force made pursuant to subsection (2)(b) of this section.
(III)
A vacancy occurring in a position filled by the chair and vice-chair of the committee pursuant to subsection (2)(c) of this section must be filled as soon as possible by the chair and vice-chair of the committee in accordance with the limitations specified in subsection (2)(c) of this section. In addition, the chair and vice-chair of the committee may remove and replace any appointment to the task force made pursuant to subsection (2)(c) of this section.
(f)
In making appointments to the task force, the appointing authorities shall ensure that the membership of the task force includes persons who have experience with or interest in the study areas of the task force as set forth in subsection (3) of this section; persons who reflect the ethnic, cultural, and gender diversity of the state; representation of all areas of the state; and, to the extent practicable, persons with disabilities.
(g)
(I)
All task force members are expected to seek input from the various networks or organizational structures of the body they represent, if any. Every executive branch agency is encouraged to nominate a representative who can participate in making task force subject matter expert recommendations, yet still appropriately represent the executive branch agency's constituency.
(II)
In order to advance the work of the task force, task force members are encouraged to participate in decision-making, with the understanding that individual votes on task force issues are based on subject matter expertise and do not commit representative agencies or organizations to any position or action. Task force members shall adhere to any agreed-upon procedural rules and guidelines.
(h)
Members of the task force serve without compensation. However, members of the task force appointed pursuant to subsection (2)(c) of this section may receive reimbursement for actual and necessary expenses associated with their duties on the task force.
(3)
Issues for study.
(a)
The task force shall study behavioral health issues within its scope for persons involved with the criminal and juvenile justice systems, as annually defined in writing by the committee every year on or before January 30, and shall develop and propose policy modifications for committee consideration.
(b)
The requirements set forth in this subsection (3) do not prohibit the task force, at any time during its existence, from requesting permission from the committee to study, present findings, and make recommendations on any issue related to the scope of the task force and oversight committee.
(c)
The task force shall study best and promising practices to promote positive social and emotional outcomes for individuals with behavioral health disorders who are involved or at risk of involvement or continued involvement in the criminal or juvenile justice systems, with the focus on better understanding and addressing necessary resources and actions for implementation to prevent initial or continued involvement with the criminal or juvenile justice systems.
(d)
In evaluating the issues set forth in subsection (3)(a) of this section, the task force shall specifically consider the following related issues, including:
(I)
Early identification of and intervention strategies for individuals who are at a higher risk of continued involvement with the criminal or juvenile justice system due to established or developing behavioral health concerns;
(II)
The promotion of resilience and health for persons already experiencing involvement or who are at risk of continuing involvement with the criminal or juvenile justice system due to behavioral health concerns;
(III)
The intersection of behavioral health disorders and the involvement or risk of continued involvement in the juvenile or criminal justice systems, with a specific focus on diverting persons with mental health, substance use, or co-occurring disorders away from the risk of continued juvenile or criminal justice involvement; and
(IV)
Issues relating to persons with behavioral health disorders who are already involved in the criminal or juvenile justice system, utilizing safe and effective interventions with a focus on preventing further involvement, promoting good health outcomes upon release, and enhancing recovery success.
(4)
Additional duties of the task force.
The task force shall annually deliver policy and legislative recommendations to the committee pursuant to this section. In addition, the task force shall:
(a)
On or before August 1 of each year, select a chair and vice-chair from among its members;
(b)
Meet at least six times each year, or more often as directed by the chair of the committee;
(c)
Establish organizational and procedural rules for the operation of the task force and for collaboration with the committee;
(d)
Designate specific task force members responsible for collaborating with and obtaining input from other groups, task forces, or statewide initiatives that complement or relate to the task force's identified areas of study;
(e)
Create subcommittees as needed to carry out the duties of the task force. The subcommittees may consist, in part, of persons who are not members of the task force. Such persons may vote on issues before the subcommittee but are not entitled to a vote at task force meetings.
(f)
Study the implementation of committee legislation passed by the general assembly;
(g)
Upon request by a committee member, provide evidence-based feedback on the potential benefits or consequences of a legislative or other policy proposal not directly affiliated with or generated by the task force. The feedback must be delivered within two weeks to the entire committee and remain as concise as possible while capturing any available evidence. If the task force cannot identify evidence to effectively inform a response, the feedback will indicate a lack of evidence and report on any actions taken.
(h)
(I)
On or before August 1 of each year, prepare and submit to the committee, a report that, at a minimum, includes:
(A)
Issues studied by the task force, as well as findings for legislative or other recommendations;
(B)
Legislative or policy proposals of the task force that identify the policy issues involved, the agencies responsible for the implementation of the changes, and the funding sources required for implementation;
(C)
A summary of task force meeting activities and discussions;
(D)
Any evidence-based feedback provided to the committee pursuant to subsection (4)(g) of this section; and
(E)
A summary of efforts made to communicate, collaborate, or coordinate with other groups, task forces, or state initiatives.
(II)
The task force may post the report on the committee's website.
(5)
Coordination.
The task force may work with other groups, task forces, or statewide initiatives that are pursuing issues and policy initiatives similar to those addressed in subsection (3) of this section. The task force may develop relationships with other task forces, committees, and organizations to leverage efficient policy-making opportunities through collaborative efforts.
(6)
Notwithstanding any provision of this section, the task force is not required to meet, submit annual policy and legislative recommendations, or submit an annual report to the committee during any interim in which the general assembly has suspended interim committee activities.
Amended by 2023 Ch. 303,§ 22, eff. 8/7/2023.
Amended by 2022 Ch. 471, § 1, eff. 6/8/2022.
Amended by 2022 Ch. 222, § 28, eff. 7/1/2022.
Amended by 2020 Ch. 129, § 2, eff. 6/26/2020.
Amended by 2018 Ch. 38, § 25, eff. 8/8/2018.
Amended by 2017 Ch. 381, § 25, eff. 6/6/2017.
Amended by 2017 Ch. 25, § 1, eff. 8/9/2017.
Amended by 2017 Ch. 176, § 4, eff. 4/28/2017.
Amended by 2014 Ch. 348, § 3, eff. 7/1/2014.
L. 2004: Entire article added, p. 1870, § 1, effective June 4. L. 2006: (2)(b.5) added, p. 528, § 1, effective April 18. L. 2008: (1)(a) and IP(1)(c) amended and (1)(c)(XV) added, p. 105, § 1, effective March 19. L. 2009: (1)(c)(IV)(A), (1)(c)(IV)(D), (1)(c)(XV), (3), and (4) amended and (1)(c)(XVI), (2)(f), and (6) added, (HB 09-1021), ch. 33, pp. 140, 141, §§ 3, 4, 5, effective August 5. L. 2010: IP(2)(f), (3)(a), (3)(b), and IP(3)(e) amended, (SB 10-213), ch. 375, p. 1762, § 7, effective June 7. L. 2014: (1)(a), IP(1)(c), IP(1)(c)(IV), (1)(c)(XV), IP(2)(a), IP (2)(b), IP(2)(c), IP(2)(e), IP(2)(f), (3), and (5) amended and (1)(c)(XVII), (1)(c)(XVIII), and (2)(g) added, (SB 14-021), ch. 1563, p. 1563, § 3, effective July 1. L. 2017: (1)(a), (1)(c)(IV)(A), (1)(c)(XIV), (1)(f), (2), and IP(3) amended, (SB 17-246), ch. 642, p. 642, § 4, effective April 28; (1)(c)(IV)(B) amended, (HB 17-1329), ch. 381, p. 1971, § 25, effective June 6; (1)(a) amended, (HB 17-1020), ch. 25, p. 75, § 1, effective August 9. L. 2018: (1)(c)(V) amended, (SB 18 -092), ch. 406, p. 406, § 25, effective August 8. L. 2020: (1)(a) and IP(1)(c) amended and (1)(c)(XIX) and (7) added, (SB 20-042), ch. 556, p. 556, § 2, effective June 26.
(1) Subsection (2)(b.5)(IV) provided for the repeal of subsection (2)(b.5), effective December 30, 2006. (See L. 2006, p. 528.)
(2) Amendments to subsection (1)(a) by HB 17-1020 and SB 17-246 were harmonized.
2023 Ch. 303, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.