2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › BEHAVIORAL HEALTH (§§ 27-50-101 — 27-64.5-102) › Article 50 - BEHAVIORAL HEALTH ADMINISTRATION (§§ 27-50-101 — 27-50-903) › Part 8 - MENTAL HEALTH PROGRAMS (§§ 27-50-801 — 27-50-805) › Section 27-50-802 - Study of health effects of felonizing fentanyl possession - repeal

(1)
No later than November 1, 2022, the BHA shall contract with an independent nonprofit or educational entity that has expertise in clinical epidemiology, biostatistics, substance use and addiction, data collection and analysis, and, if possible, the intersection between the criminal justice system and substance use, to conduct an independent study of the health effects of criminal penalties pursuant to changes to section
18-18-403.5
(2.5) in House Bill 22-1326, enacted in 2022. At a minimum, the study must address the following:
(a)
Whether the penalties pursuant to section
18-18-403.5
(2.5):
(I)
Decreased or increased fentanyl-related overdoses, both fatal and nonfatal, among individuals charged with a felony compared to individuals charged with a misdemeanor pursuant to section
18-18-403.5
(2.5), and compared to individuals with opiate misuse or use disorder not charged with criminal possession of opiates; and
(II)
Increased or decreased initiation and retention of evidence-based, effective treatment for individuals charged with an opiate use disorder among individuals charged with a felony compared to individuals charged with a misdemeanor pursuant to section
18-18-403.5
(2.5), and compared to individuals with opiate misuse or use disorder who were not charged with criminal possession of opiates;
(b)
Differential health outcomes for individuals based on the individual's race, gender, ethnicity, age, economic status, pregnancy or postpartum status, or housing status, for individuals charged with a felony pursuant to section
18-18-403.5
(2.5), compared to individuals charged with a misdemeanor pursuant to section
18-18-403.5
(2.5), and compared to individuals with opiate misuse or use disorders who were not charged pursuant to section
18-18-403.5
(2.5). Differential health outcomes to consider include, but are not limited to, fatal and nonfatal overdoses and initiation and retention on medications for opiate use disorder.
(c)
Whether effective, evidence-based treatment for opiate use disorder in the general population diminished in quality or quantity as a result of individuals ordered by the court into treatment based on charges brought pursuant to section
18-18-403.5
(2.5); and
(d)
Whether penalties pursuant to section
18-18-403.5
(2.5) impact the likelihood of individuals addicted to fentanyl to seek or receive treatment, provide help to another person in the case of an overdose, or utilize naloxone, non-laboratory synthetic opiate detection tests, and other harm reduction resources.
(2)
(a)
The BHA shall make reasonable efforts to provide necessary data requested by the independent entity to complete the study required pursuant to subsection (1) of this section. The BHA shall establish a data-sharing agreement with, at a minimum, the department of public health and environment, the department of health care policy and financing, the judicial department, the department of corrections, the department of regulatory agencies, and, if feasible, county sheriffs and county coroners, to provide data to the independent entity including, but not limited to:
(I)
All reasonably available criminal justice data requested by the independent entity;
(II)
Opiate overdose death records, including toxicology reports, if available;
(III)
Prescription data for medication for opiate use disorder, including for individuals in jail or prison charged pursuant to section
18-18-403.5
(2.5);
(IV)
Encounters with emergency medical services providers, law enforcement agencies, or health-care facilities for fatal and nonfatal fentanyl or other opiate-related overdose; and
(V)
Available information regarding the history of overdose, incarceration, and substance use treatment for individuals charged pursuant to section
18-18-403.5
(2.5), including whether the individual has sought and been denied on-demand treatment.
(b)
The independent entity may perform a qualitative assessment by, at a minimum, conducting focus groups or interviews with a representative sample of individuals who use drugs and substance use disorder care providers and harm reduction providers across the state and continuum.
(c)
No later than December 31, 2024, the independent entity shall submit a comprehensive report of the entity's findings to the BHA.
(d)
No later than January 31, 2025, the BHA shall publish the report on the BHA's website and submit the report to the house of representatives judiciary committee, the house of representatives public and behavioral health and human services committee, the senate health and human services committee, and the senate judiciary committee, or their successor committees, as part of its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" presentation required pursuant to section
2-7-203
.
(3)
The costs associated with performing the study pursuant to this section must be paid from the correctional treatment cash fund created in section
18-19-103(4)
.
(4)
This section is repealed, effective July 1, 2025.
Added by 2022 Ch. 225,§43, eff. 7/1/2022.