2021 Colorado Code
Title 18 - Criminal Code
Article 1.3 - Sentencing in Criminal Cases
Part 2 - Probation
§ 18-1.3-210. Counseling or Treatment for Alcohol or Drug Abuse or Substance Use Disorder

1. In any case in which treatment or counseling for alcohol or drug abuse or a substance use disorder is authorized in connection with a deferred prosecution, deferred judgment and sentence, or probation, the court may require the defendant to obtain counseling or treatment for the condition. If the court orders the counseling or treatment, the court shall order that the counseling or treatment is obtained from a treatment facility or person approved by the office of behavioral health in the department of human services, established in article 80 of title 27, unless the court makes a finding that counseling or treatment in another facility or with another person is warranted. If the defendant voluntarily submits himself or herself for treatment or counseling, the district attorney and the court may consider his or her willingness to correct his or her condition as a basis for granting deferred prosecution or deferred judgment and sentence.
2. Notwithstanding the provisions of subsection (1) of this section, in any case in which treatment or counseling for alcohol or drug abuse or a substance use disorder is authorized and ordered by the court in connection with a deferred prosecution, deferred judgment and sentence, or probation for an offense involving unlawful sexual behavior, as defined in section 16-22-102 (9), the court shall order that the counseling or treatment is obtained from a treatment facility or person approved by the office of behavioral health in the department of human services, established in article 80 of title 27.

History. Source: L. 2002: Entire article added with relocations, p. 1385, § 2, effective October 1. L. 2008: Entire section amended, p. 1715, § 2, effective July 1. L. 2010: Entire section amended,(SB 10-175), ch. 188, p. 785, § 29, effective April 29. L. 2017: Entire section amended,(SB 17-242), ch. 263, p. 1305, § 139, effective May 25.

This section is similar to former § 16-7-402 as it existed prior to 2002.

1. For the duties of the office of behavioral health in the department of human services concerning alcohol and drug abuse or substance use disorders, see article 80 of title 27.
2. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.

Law reviews. For article, “Review of New Legislation Relating to Criminal Law”, see 11 Colo. Law. 2148 (1982).