2021 Colorado Code
Title 27 - Behavioral Health
Article 65 - Care and Treatment of Persons With Mental Health Disorders
§ 27-65-106. Court-Ordered Evaluation for Persons With Mental Health Disorders

1. Any person alleged to have a mental health disorder and, as a result of the mental health disorder, to be a danger to others or to himself or herself or to be gravely disabled may be given an evaluation of his or her condition under a court order pursuant to this section.
2. Any individual may petition the court in the county in which the respondent resides or is physically present alleging that there is a person who appears to have a mental health disorder and, as a result of the mental health disorder, appears to be a danger to others or to himself or herself or appears to be gravely disabled and requesting an evaluation of the person's condition.
3. The petition for a court-ordered evaluation must contain the following:
   1. The name and address of the petitioner and his or her interest in the case;
   2. The name of the person for whom evaluation is sought, who shall be designated as the respondent, and, if known to the petitioner, the address, age, sex, marital status, and occupation of the respondent;
   3. Allegations of fact indicating that the respondent may have a mental health disorder and, as a result of the mental health disorder, be a danger to others or to himself or herself or be gravely disabled and showing reasonable grounds to warrant an evaluation;
   4. The name and address of every person known or believed by the petitioner to be legally responsible for the care, support, and maintenance of the respondent, if available;
   5. The name, address, and telephone number of the attorney, if any, who has most recently represented the respondent. If there is no attorney, there shall be a statement as to whether, to the best knowledge of the petitioner, the respondent meets the criteria established by the legal aid agency operating in the county or city and county for it to represent a client.

4. Upon receipt of a petition satisfying the requirements of subsection (3) of this section, the court shall designate a facility, approved by the executive director, or a professional person to provide screening of the respondent to determine whether there is probable cause to believe the allegations.
5. Following screening, the facility or professional person designated by the court shall file his or her report with the court. The report must include a recommendation as to whether there is probable cause to believe that the respondent has a mental health disorder and, as a result of the mental health disorder, is a danger to others or to himself or herself or is gravely disabled and whether the respondent will voluntarily receive evaluation or treatment. The screening report submitted to the court is confidential in accordance with section 27-65-121 and must be furnished to the respondent or his or her attorney or personal representative.
6. Whenever it appears, by petition and screening pursuant to this section, to the satisfaction of the court that probable cause exists to believe that the respondent has a mental health disorder and, as a result of the mental health disorder, is a danger to others or to himself or herself or is gravely disabled and that efforts have been made to secure the cooperation of the respondent, who has refused or failed to accept evaluation voluntarily, the court shall issue an order for evaluation authorizing a certified peace officer to take the respondent into custody and place him or her in a facility designated by the executive director for seventy-two-hour treatment and evaluation. At the time of taking the respondent into custody, a copy of the petition and the order for evaluation must be given to the respondent, and promptly thereafter to any one person designated by the respondent and to the person in charge of the seventy-two-hour treatment and evaluation facility named in the order or his or her designee.
7. The respondent shall be evaluated as promptly as possible and shall in no event be detained longer than seventy-two hours under the court order, excluding Saturdays, Sundays, and holidays if treatment and evaluation services are not available on those days. Within that time, the respondent shall be released, referred for further care and treatment on a voluntary basis, or certified for short-term treatment.
8. At the time the respondent is taken into custody for evaluation or within a reasonable time thereafter, unless a responsible relative is in possession of the respondent's personal property, the certified peace officer taking him or her into custody shall take reasonable precautions to preserve and safeguard the personal property in the possession of or on the premises occupied by the respondent.
9. When a person is involuntarily admitted to a seventy-two-hour treatment and evaluation facility under the provisions of this section or section 27-65-105, the person shall be advised by the facility director or his or her duly appointed representative that the person is going to be examined with regard to his or her mental condition.
10. Whenever a person is involuntarily admitted to a seventy-two-hour treatment and evaluation facility, he or she shall be advised by the facility director or his or her duly appointed representative of his or her right to retain and consult with any attorney at any time and that, if he or she cannot afford to pay an attorney, upon proof of indigency, one will be appointed by the court without cost.

History. Source: L. 2010: Entire article added with relocations,(SB 10-175), ch. 188, p. 684, § 2, effective April 29. L. 2017: (1), (2), IP(3), (3)(c), (5), and (6) amended,(SB 17-242), ch. 263, p. 1342, § 236, effective May 25.

This section is similar to former § 27-10-106 as it existed prior to 2010.

1. For rights of person under arrest, see part 4 of article 3 of title 16.
2. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.

Law reviews. For article, “Commitment Procedures in Colorado”, see 29 Dicta 273 (1952). For article, “The Clinton Mental Health Case -- A Civil Procedure Lesson”, see 19 Colo. Law. 1809 (1990).

Annotator's note. Since § 27-65-106 is similar to § 27-10-106 as it existed prior to the 2010 amendments to this article, relevant cases construing that provision have been included in the annotations to this section.

For constitutional considerations, see Barber v. People, 127 Colo. 90 , 254 P.2d 431 (1953).

Proceeding has nonadversarial nature. An inquiry into the mental capacity of a person is a statutory proceeding of a nonadversary nature. Young v. Colo. Nat'l Bank, 148 Colo. 104 , 365 P.2d 701 (1961).

Findings of screening facility or professional person are not binding upon the court. In re People in Interest of Hill, 118 Colo. 571 , 198 P.2d 450 (1948).

For requirement of strict compliance with statutory procedure, see Hultquist v. People, 77 Colo. 310 , 236 P. 995 (1925); Okerberg v. People, 119 Colo. 529 , 205 P.2d 224 (1949); Kendall v. People, 126 Colo. 573 , 252 P.2d 91 (1952); Barber v. People, 127 Colo. 90 , 254 P.2d 431 (1953); Rickey v. People, 129 Colo. 174 , 267 P.2d 1021 (1954).

For specificity of required report, see Kendall v. People, 126 Colo. 573 , 252 P.2d 91 (1952).

Applied in People v. Lane, 196 Colo. 42 , 581 P.2d 719 (1978); People in Interest of Paiz, 43 Colo. App. 352, 603 P.2d 976 (1979); People v. Chavez, 629 P.2d 1040 (Colo. 1981).