2021 Colorado Code
Title 18 - Criminal Code
Article 1.9 - Continuing Examination of the Treatment of Persons With Mental Health Disorders Who Are Involved in the Justice System
§ 18-1.9-101. Legislative Declaration

1. The general assembly finds that:
   1. In November of 1998, the Colorado department of corrections reported that ten percent of its correctional population met the diagnostic criteria for having a serious mental health disorder. That number was double the number identified two years earlier, and five to six times the number documented in 1988, only ten years earlier.
   2. The Colorado department of corrections estimates that in 2002, sixteen percent of its inmate population met the diagnostic criteria for having a major mental health disorder;
   3. The Colorado division of youth services estimates that twenty-four percent of juveniles in the juvenile justice system are diagnosed with a mental health disorder;
   4. A study conducted in 1995 found that approximately six percent of the persons held in county jails and in community corrections throughout the state had been diagnosed as persons with a serious mental health disorder;
   5. It is estimated that nationally, nearly nine percent of all adults and juveniles on probation have been identified as having a serious mental health disorder;
   6. For the 1998-99 fiscal year, approximately forty-four percent of the inpatient population at the Colorado mental health institute at Pueblo had been committed following the return of a verdict of not guilty by reason of insanity or a determination by the court that the person was incompetent to stand trial due to a mental health disorder;
   7. A person with a mental health disorder, as a direct or indirect result of his or her condition, is often more likely than a person who does not have a mental health disorder to be involved in the criminal and juvenile justice systems;
   8. The existing procedures and diagnostic tools used by persons working in the criminal and juvenile justice systems may not be sufficient to identify appropriately and diagnose persons with mental health disorders who are involved in the criminal and juvenile justice systems;
   9. The criminal and juvenile justice systems may not be structured in such a manner as to provide the level of treatment and care for persons with mental health disorders that is necessary to ensure the safety of these persons, of other persons in the criminal and juvenile justice systems, and of the community at large;
   10. Studies show that, for offenders under community supervision, treatment of the offender's mental health disorder decreases repeat arrests by forty-four percent; and
   11. The ongoing supervision, care, and monitoring, especially with regard to medication, of persons with mental health disorders who are released from incarceration are crucial to ensuring the safety of the community.

2. The general assembly further finds that pursuant to the findings in a report requested by the joint budget committee in 1999 that 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 legislative oversight committee and advisory task force for the examination of the treatment of persons with mental illness who are involved in the criminal justice system were created in 1999 and extended for an additional three years in 2000. Over the course of four years, the legislative oversight committee and advisory task force began to address, but did not finish addressing, the issues specified in subsection (1) of this section, through both legislative and nonlegislative solutions including, but not limited to:
   1. Community-based intensive treatment management programs for juveniles involved in the juvenile justice system;
   2. An expedited application process for aid to the needy disabled benefits for persons with mental health disorders upon release from incarceration;
   3. Standardized interagency screening to detect mental health disorders in adults who are involved in the criminal justice system and juveniles who are involved in the juvenile justice system;
   4. Training of law enforcement officers to recognize and safely deal with persons who have mental health disorders through the use of crisis intervention teams; and
   5. Creating local initiative committee pilot programs for the management of community-based programs for adults with mental health disorders who are involved in the criminal justice system.

3. Experts involved in cross-system collaboration and communication to reduce the number of persons with mental health disorders who are involved in the criminal and juvenile justice systems recommend a five-year plan to continue the work of the task force and the legislative oversight committee in order to more fully effectuate solutions to these issues.
4. Therefore, the general assembly declares that it is necessary to create a task force to continue to examine the identification, diagnosis, and treatment of persons with mental health disorders who are involved in the state criminal and juvenile justice systems and to make additional recommendations to a legislative oversight committee for the continuing development of legislative proposals related to this issue.

History. Source: 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.