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 18-1.9-101 - Legislative declaration

(1)
The general assembly finds that:
(a)
The United States is in a public health crisis in which persons with behavioral health needs are neglected, stigmatized, or inadequately supported, which greatly increases the risk of such persons becoming involved with or continuing to be involved with the criminal or juvenile justice system;
(b)
Persons with behavioral health disorders are disproportionately represented in the criminal and juvenile justice systems. The prevalence rates nationally of such individuals entering jail are three times greater than that of the general population. Bureau of justice statistics data from 2011 through 2012 indicate that half of the people incarcerated in prisons, and two-thirds of those in jail, have either a current serious psychological distress or a history of behavioral health concerns.
(c)
The department of corrections' data indicate that one out of every three men and four out of every five women imprisoned in Colorado have a moderate to severe behavioral health disorder;
(d)
The division of youth services' data indicate that fifty-nine percent of newly committed youth require behavioral health intervention or services, and nationally, juvenile institutions are ill-equipped to provide a comprehensive array of such services to meet the needs; and
(e)
Large numbers of people with behavioral health disorders are being sent to secure justice settings instead of receiving community treatment. As a result, the criminal justice system has become the stopgap provider to address chronic and acute behavioral health needs in our state.
(2)
The general assembly further finds that:
(a)
Actions focused on persons who are at risk of entry into the system due to behavioral health disorders, and actions to help reduce and prevent recidivism once such individuals are in the system, are critical in addressing the problem;
(b)
Research demonstrates a need to divert persons with behavioral health disorders to treatment programs and to provide wraparound services, such as housing and continued medical and behavioral health treatment upon release; and
(c)
Prevention and intervention needs range from, but are not limited to, school-based behavioral health services; law enforcement directed diversion; community screening, assessment, and treatment; secure settings within correction facilities; and supportive reentry services that are critical components of dignity, safety, and recovery.
(3)
In addition, the general assembly finds that the results of a report requested by the joint budget committee in 1999 recommended cross-system collaboration and communication as a method for reducing the number of persons with mental health disorders who are involved in the criminal and juvenile justice systems. The committee and task force created by this article 1.9 shall consider the broader continuum of behavioral health disorders to better account for the needs of the at-risk population being studied.
(4)
Therefore, the general assembly declares that, despite the impact and reach of the previous work of the legislative oversight committee and task force, a significant need remains for ongoing innovation to address these and related issues. The general assembly therefore determines that it is necessary to continue the legislative oversight committee and task force to examine the identification, diagnosis, and treatment of persons with behavioral health disorders who are at risk of involvement or continued involvement with the criminal or juvenile justice systems and to develop strategies to address the issues such people face.
Amended by 2022 Ch. 471,§1, eff. 6/8/2022.
Amended by 2017 Ch. 381,§24, eff. 6/6/2017.
Amended by 2017 Ch. 176,§1, eff. 4/28/2017.
L. 2004: Entire article added, p. 1866, § 1, effective June 4. L. 2017: Entire section amended, (SB 17-246), ch. 176, p. 639, § 1, effective April 28; (1)(c) amended, (HB 17-1329), ch. 381, p. 1971, § 24, effective June 6.
Amendments to subsection (1)(c) by SB 17-246 and HB 17-1329 were harmonized.