Amendments for HB22-1326
House Journal, April 13
44 HB22-1326 be amended as follows, and as so amended, be referred to
45 the Committee on Appropriations with favorable
46 recommendation:
47
48 Amend printed bill, page 6, lines 6 and 7, strike "amend (2)(a); and".
49
50 Page 6, line 7, after "add" insert "(2.5), (2.7), and".
51
52 Page 6, strike lines 8 through 20 and substitute:
53 "18-18-403.5. Unlawful possession of a controlled substance -
54 notice to revisor of statutes - repeal.
1 (2.5) NOTWITHSTANDING SUBSECTION (2)(c) OF THIS SECTION, ON
2 OR AFTER JULY 1, 2022, A PERSON WHO VIOLATES SUBSECTION (1) OF THIS
3 SECTION BY KNOWINGLY POSSESSING:
4 (a) ANY MATERIAL, COMPOUND, MIXTURE, OR PREPARATION THAT
5 WEIGHS MORE THAN ONE GRAM AND NOT MORE THAN FOUR GRAMS AND
6 CONTAINS ANY QUANTITY OF FENTANYL, CARFENTANAL, OR AN ANALOG
7 THEREOF AS DESCRIBED IN SECTION 18-18-204 (2)(g), AND THE PERSON
8 KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE MATERIAL,
9 COMPOUND, MIXTURE, OR PREPARATION CONTAINED ANY QUANTITY OF
10 FENTANYL, CARFENTANAL, OR AN ANALOG THEREOF AS DESCRIBED IN
11 SECTION 18-18-204 (2)(g), COMMITS A LEVEL 4 DRUG FELONY.
12 (b) ANY MATERIAL, COMPOUND, MIXTURE, OR PREPARATION THAT
13 WEIGHS NOT MORE THAN ONE GRAM AND CONTAINS ANY QUANTITY OF
14 FENTANYL, CARFENTANAL, OR AN ANALOG THEREOF AS DESCRIBED IN
15 SECTION 18-18-204 (2)(g), COMMITS A LEVEL 1 DRUG MISDEMEANOR;
16 EXCEPT THAT A FOURTH OR SUBSEQUENT OFFENSE FOR A VIOLATION OF
17 THIS SUBSECTION (2.5)(b) IS A LEVEL 4 DRUG FELONY.
18 (2.7) (a) A PERSON WHO VIOLATES SUBSECTION (1) OF THIS
19 SECTION BY POSSESSING ANY MATERIAL, COMPOUND, MIXTURE, OR
20 PREPARATION THAT CONTAINS A QUANTITY OF FENTANYL, CARFENTANAL,
21 OR AN ANALOG THEREOF AS DESCRIBED IN SECTION 18-18-204 (2)(g),
22 THAT IS MORE THAN SIXTY PERCENT OF THE TOTAL COMPOSITION OF THE
2 23 MATERIAL, COMPOUND, MIXTURE, OR PREPARATION, COMMITS A LEVEL
24 DRUG FELONY.
25 (b) (I) THIS SUBSECTION (2.7) TAKES EFFECT AT 12:01 A.M. THIRTY
26 DAYS AFTER THE DATE IDENTIFIED IN THE NOTICE PROVIDED TO THE
27 REVISOR OF STATUTES BY THE DIRECTOR OF THE COLORADO BUREAU OF
28 INVESTIGATION THAT THE COLORADO BUREAU OF INVESTIGATION HAS THE
29 RESOURCES TO DETERMINE THE QUANTITY OF FENTANYL, CARFENTANAL,
30 OR AN ANALOG THEREOF AS DESCRIBED IN SECTION 18-18-204 (2)(g),
31 COMPARED TO THE TOTAL COMPOSITION OF THE MATERIAL, COMPOUND,
32 MIXTURE, OR PREPARATION, OR ON THE DATE OF THE NOTICE TO THE
33 REVISOR OF STATUTES IF THE NOTICE DOES NOT SPECIFY A DIFFERENT
34 DATE.
35 (II) THE DIRECTOR OF THE COLORADO BUREAU OF INVESTIGATION
36 SHALL NOTIFY THE REVISOR OF STATUTES IN WRITING WHEN THE
37 CONDITION SPECIFIED IN SUBSECTION (2.7)(b)(I) OF THIS SECTION HAS
38 O C C U R R E D B Y E - M A I L I N G T H E N O T I C E T O
39 REVISOROFSTATUTES.GA@STATE.CO.US.
40 (III) CONCURRENT WITH THE NOTICE REQUIRED IN SUBSECTION
41 (2.7)(b)(II), THE DIRECTOR OF THE COLORADO BUREAU OF INVESTIGATION
42 SHALL NOTIFY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE
43 PRESIDENT OF THE SENATE, THE CHIEF JUSTICE OF THE SUPREME COURT,
44 THE GOVERNOR, THE ATTORNEY GENERAL, THE STATE PUBLIC DEFENDER,
45 AND EACH DISTRICT ATTORNEY IN THE STATE, THAT THE COLORADO
46 BUREAU OF INVESTIGATION HAS THE RESOURCES TO DETERMINE THE
47 QUANTITY OF FENTANYL, CARFENTANAL, OR AN ANALOG THEREOF AS
48 DESCRIBED IN SECTION 18-18-204 (2)(g), COMPARED TO THE TOTAL
49 COMPOSITION OF THE MATERIAL, COMPOUND, MIXTURE, OR PREPARATION.
50 (IV) THIS SUBSECTION (2.7)(b) IS REPEALED, EFFECTIVE ONE YEAR
51 AFTER NOTICE TO THE REVISOR OF STATUTES PURSUANT TO THIS
52 SUBSECTION (2.7)(b)(II).".
53
54
1 Page 42, after line 13 insert:
2 "SECTION 31. In Colorado Revised Statutes, 24-72-706, amend
3 (1)(b)(II) and (1)(b)(III) as follows:
4 24-72-706. Sealing of criminal conviction records. (1) Sealing
3 5 of conviction records. (b) (II) If the offense is a class 2 or class
6 misdemeanor, or any drug misdemeanor, OR A LEVEL 4 DRUG FELONY FOR
7 A CONVICTION PURSUANT TO SECTION 18-18-403.5 (2.5), the motion may
8 be filed two years after the later of the date of the final disposition of all
9 criminal proceedings against the defendant or the release of the defendant
10 from supervision concerning a criminal conviction.
3 11 (III) If the offense is a class 4, class 5, or class 6 felony, a level
12 or level 4 drug felony EXCEPT A LEVEL 4 DRUG FELONY FOR A CONVICTION
13 PURSUANT TO SECTION 18-18-403.5 (2.5), or a class 1 misdemeanor, the
14 motion may be filed three years after the later of the date of the final
15 disposition of all criminal proceedings against the defendant or the
16 release of the defendant from supervision concerning a criminal
17 conviction.
18 SECTION 32. In Colorado Revised Statutes, 1-2-103, amend (4)
19 as follows:
20 1-2-103. Military service - students - inmates - persons with
21 behavioral or mental health disorders - confinement. (4) No person
22 while serving a sentence of detention or confinement in a correctional
4 23 facility, jail, or other location for a felony conviction, EXCEPT A LEVEL
5 24 DRUG FELONY FOR A CONVICTION PURSUANT TO SECTION 18-18-403.
25 (2.5), is eligible to register to vote or to vote in any election. A confined
26 prisoner who is awaiting trial but has not been tried or who is not serving
27 a sentence for a felony conviction shall be certified by the institutional
28 administrator, may register to vote pursuant to this article 2, and may list
29 his or her confinement location as his or her ballot address in accordance
30 with section 1-2-204 (2)(f.3). An individual serving a sentence of parole
31 is eligible to register to vote and to vote in any election.".
32
33 Renumber succeeding sections accordingly.
34
35 Page 43, line 5, strike "33, and 34" and substitute "32, 35, and 36".
36
37
House Journal, April 22
50 HB22-1326 be amended as follows, and as so amended, be referred to
51 the Committee of the Whole with favorable
52 recommendation:
53
54 Amend the Judiciary Committee Report, dated April 13, 2022, page 1,
55 line 5, after "(2.5)" insert "(a)".
1 Page 1 of the report, line 9, strike "(a)" and substitute "(I)".
2
3 Page 1 of the report, line 13, strike "KNEW OR REASONABLY SHOULD HAVE
4 KNOWN" and substitute "HAD REASONABLE CAUSE TO BELIEVE".
5
6 Page 1 of the report, line 17, strike "(b)" and substitute "(II)".
7
8 Page 1 of the report, line 22, strike "(2.5)(b)" and substitute "(2.5)(a)(II)".
9
10 Page 1 of the report, after line 22, insert:
11 "(b) THIS SUBSECTION (2.5) IS REPEALED, EFFECTIVE JUNE 30,
12 2025.".
13
14 Page 2 of the report, after line 31 insert:
15
16 "Page 11 of the bill, line 18, after "(2.5)" insert "and (14)".
17
18 Page 12 of the bill, after line 11 insert:
19
20 "(14) (a) NOTWITHSTANDING SUBSECTION (2)(a) OF THIS SECTION,
4 21 FOR THE PURPOSE OF SENTENCING A PERSON CONVICTED OF A LEVEL
22 DRUG FELONY COMMITTED ON OR AFTER JULY 1, 2022, IN VIOLATION OF
23 SECTION 18-18-403.5 (2.5), A COURT SHALL EITHER SENTENCE AN
24 OFFENDER TO PROBATION FOR UP TO TWO YEARS, WITH THE POSSIBILITY
25 OF A TOTAL OF ONE HUNDRED EIGHTY DAYS IN COUNTY JAIL, OR FOR A
26 THIRD OR SUBSEQUENT OFFENSE, A TOTAL OF UP TO THREE HUNDRED
27 SIXTY-FOUR DAYS IN COUNTY JAIL, WHICH MAY BE IMPOSED IN WHOLE OR
28 IN PART DURING THE TIME PERIOD OF PROBATION AS A CONDITION OF
29 PROBATION OR AS A SANCTION FOR A VIOLATION OF PROBATION; OR
30 SENTENCE AN OFFENDER TO UP TO ONE HUNDRED EIGHTY DAYS IN THE
31 COUNTY JAIL; EXCEPT THAT FOR A THIRD OR SUBSEQUENT OFFENSE, THE
32 COURT MAY SENTENCE AN OFFENDER TO UP TO THREE HUNDRED
33 SIXTY-FOUR DAYS IN THE COUNTY JAIL IF THE COURT SENTENCES THE
34 OFFENDER TO JAIL. IN ADDITION TO THE SENTENCE TO PROBATION OR TO
35 THE COUNTY JAIL, THE COURT MAY IMPOSE A FINE OF NOT MORE THAN ONE
36 THOUSAND DOLLARS.
4 37 (b) A COURT MAY SENTENCE A PERSON CONVICTED OF A LEVEL
38 DRUG FELONY COMMITTED ON OR AFTER JULY 1, 2022, IN VIOLATION OF
39 SECTION 18-18-403.5 (2.5), TO A COUNTY JAIL SENTENCING ALTERNATIVE
40 PROVIDED PURSUANT TO SECTION 18-1.3-106 OR PLACEMENT IN A
41 COMMUNITY CORRECTIONS PROGRAM AS A CONDITION OF PROBATION
42 PROVIDED PURSUANT TO SECTION 18-1.3-301 (4) AS A SENTENCING
43 ALTERNATIVE.
44 (c) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
45 CONTRARY, AN OFFENDER CONVICTED OF A LEVEL 4 DRUG FELONY
46 COMMITTED ON OR AFTER JULY 1, 2022, IN VIOLATION OF SECTION
47 18-18-403.5 (2.5), IS NOT SUBJECT TO THE JURISDICTION OF THE
48 DEPARTMENT OF CORRECTIONS OR A MANDATORY PERIOD OF PAROLE.".
49
50 Page 13 of the bill, line 15, strike "A PERSON WHO WAS REPRESENTED".
51
52 Page 13 of the bill, strike lines 16 and 17, and substitute "THE
53 RESIDENTIAL PLACEMENT COSTS MUST BE PAID FROM THE CORRECTIONAL
54 TREATMENT CASH FUND, EXISTING PURSUANT TO SECTION 18-19-103 (4),
55 FOR A PERSON ON PROBATION AND IS DETERMINED BY THE COURT TO BE
1 INDIGENT, IS REPRESENTED BY COURT-APPOINTED COUNSEL, OR IS
2 OTHERWISE UNABLE TO AFFORD THE COST OF THE PLACEMENT.".
3
4 Page 14 of the bill, line 9, strike "A PERSON WHO".
5
6 Page 14 of the bill, strike lines 10 and 11, and substitute "THE FENTANYL
7 EDUCATION PROGRAM COSTS MUST BE PAID FROM THE CORRECTIONAL
8 TREATMENT CASH FUND, EXISTING PURSUANT TO SECTION 18-19-103 (4),
9 FOR A PERSON ON PROBATION AND IS DETERMINED BY THE COURT TO BE
10 INDIGENT, IS REPRESENTED BY COURT-APPOINTED COUNSEL, OR IS
11 OTHERWISE UNABLE TO AFFORD THE COST OF PLACEMENT.".
12
13 Page 15 of the bill, line 15, strike "A PERSON WHO".
14
15 Page 15 of the bill, strike lines 16 and 17, and substitute "THE
16 RESIDENTIAL PLACEMENT COSTS MUST BE PAID FROM THE CORRECTIONAL
17 TREATMENT CASH FUND, EXISTING PURSUANT TO SECTION 18-19-103 (4),
18 FOR A PERSON ON PROBATION AND IS DETERMINED BY THE COURT TO BE
19 INDIGENT, IS REPRESENTED BY COURT-APPOINTED COUNSEL, OR IS
20 OTHERWISE UNABLE TO AFFORD THE COST OF THE PLACEMENT.".
21
22 Page 16 of the bill, line 9, strike "A PERSON WHO".
23
24 Page 16 of the bill, strike lines 10 and 11, and substitute "THE FENTANYL
25 EDUCATION PROGRAM COSTS MUST BE PAID FROM THE CORRECTIONAL
26 TREATMENT CASH FUND, EXISTING PURSUANT TO SECTION 18-19-103 (4),
27 FOR A PERSON ON PROBATION AND IS DETERMINED BY THE COURT TO BE
28 INDIGENT, IS REPRESENTED BY COURT-APPOINTED COUNSEL, OR IS
29 OTHERWISE UNABLE TO AFFORD THE COST OF PLACEMENT.".
30
31 Page 18 of the bill, line 11, strike "A PERSON WHO WAS REPRESENTED".
32
33 Page 18 of the bill, strike line 12 and 13 and substitute "THE RESIDENTIAL
34 PLACEMENT COSTS MUST BE PAID FROM THE CORRECTIONAL TREATMENT
35 CASH FUND, EXISTING PURSUANT TO SECTION 18-19-103 (4), FOR A PERSON
36 ON PROBATION AND IS DETERMINED BY THE COURT TO BE INDIGENT, IS
37 REPRESENTED BY COURT-APPOINTED COUNSEL, OR IS OTHERWISE UNABLE
38 TO AFFORD THE COST OF THE PLACEMENT.".
39
40 Page 19 of the bill, line 5, strike "A PERSON WHO".
41
42 Page 19 of the bill, strike lines 6 and 7, and substitute "THE FENTANYL
43 EDUCATION PROGRAM COSTS MUST BE PAID FROM THE CORRECTIONAL
44 TREATMENT CASH FUND, EXISTING PURSUANT TO SECTION 18-19-103 (4),
45 FOR A PERSON ON PROBATION AND IS DETERMINED BY THE COURT TO BE
46 INDIGENT, IS REPRESENTED BY COURT-APPOINTED COUNSEL, OR IS
47 OTHERWISE UNABLE TO AFFORD THE COST OF PLACEMENT.".
48
49 Page 20 of the bill, line 11, strike "A PERSON WHO".
50
51 Page 20 of the bill, strike lines 12 and 13, and substitute "THE
52 RESIDENTIAL PLACEMENT COSTS MUST BE PAID FROM THE CORRECTIONAL
53 TREATMENT CASH FUND, EXISTING PURSUANT TO SECTION 18-19-103 (4),
54 FOR A PERSON ON PROBATION AND IS DETERMINED BY THE COURT TO BE
55 INDIGENT, IS REPRESENTED BY COURT-APPOINTED COUNSEL, OR IS
1 OTHERWISE UNABLE TO AFFORD THE COST OF THE PLACEMENT.".
2
3 Page 21 of the bill, line 5, strike "A PERSON WHO".
4
5 Page 21 of the bill, strike lines 6 and 7, and substitute "THE FENTANYL
6 EDUCATION PROGRAM COSTS MUST BE PAID FROM THE CORRECTIONAL
7 TREATMENT CASH FUND, EXISTING PURSUANT TO SECTION 18-19-103 (4),
8 FOR A PERSON ON PROBATION AND IS DETERMINED BY THE COURT TO BE
9 INDIGENT, IS REPRESENTED BY COURT-APPOINTED COUNSEL, OR IS
10 OTHERWISE UNABLE TO AFFORD THE COST OF PLACEMENT.".".
11
12 Page 2 of the report, strike line 33 and substitute:
13 ""SECTION 31. In Colorado Revised Statutes, 18-1.3-103.5,
14 amend (3)(c) and (3)(d); and add (3)(e) as follows:
15 18-1.3-103.5. Felony convictions - vacate and enter conviction
16 on misdemeanor after successful completion. (3) This section applies
17 to convictions for the following offenses:
18 (c) Possession of more than twelve ounces of marijuana or more
19 than three ounces of marijuana concentrate; or
20 (d) A violation of section 18-18-415; OR
21 (e) A VIOLATION OF SECTION 18-18-403.5 (2.5)(a).
22 SECTION 32. In Colorado Revised Statutes, 24-72-706,
23 amend".
24
25 Page 3 of the report, after line 20 insert:
26 "Page 42 of the bill, before line 14 insert:
27 "SECTION 33. In Colorado Revised Statutes, 18-1.3-801, amend
28 (2)(a)(I); and add (2)(c) as follows:
29 18-1.3-801. Punishment for habitual criminals.
30 (2) (a) (I) Except as otherwise provided in paragraph (b) of this
31 subsection (2) SUBSECTIONS (2)(b), (2)(c), and in subsection (5) of this
32 section, every person convicted in this state of any felony, who has been
33 three times previously convicted, upon charges separately brought and
34 tried, and arising out of separate and distinct criminal episodes, either in
35 this state or elsewhere, of a felony or, under the laws of any other state,
36 the United States, or any territory subject to the jurisdiction of the United
37 States, of a crime which, if committed within this state, would be a
38 felony, shall be adjudged an habitual criminal and shall be punished:
39 (2) (c) THE PROVISIONS OF SUBSECTION (2)(a) OF THIS SECTION DO
40 NOT APPLY TO A CONVICTION FOR A LEVEL 4 DRUG FELONY COMMITTED
41 ON OR AFTER JULY 1, 2022, PURSUANT TO SECTION 18-18-403.5 (2.5), OR
42 A CONVICTION FOR A LEVEL 4 DRUG FELONY COMMITTED ON OR AFTER
43 JULY 1, 2022, FOR ATTEMPT OR CONSPIRACY TO COMMIT UNLAWFUL
44 POSSESSION OF FENTANYL, CARFENTANAL, OR AN ANALOG THEREOF, AS
45 DESCRIBED IN SECTION 18-18-403.5 (2.5), EVEN IF THE PERSON HAS BEEN
46 PREVIOUSLY CONVICTED OF THREE OR MORE QUALIFYING FELONY
47 CONVICTIONS.".
48
49 Page 42 of the bill, strike lines 22 through 27.
50
51 Page 43 of the bill, strike lines 1 and 2 and substitute:
52
53 "SECTION 34. Appropriation. (1) For the 2022-23 state fiscal
54 year, $4,033,875 is appropriated to the department of human services for
55 use by the behavioral health administration. This appropriation consists
1 of $883,875 from the general fund, $150,000 from the correctional
2 treatment cash fund created in section 18-19-103 (4)(a), C.R.S., and
3 $3,000,000 from the behavioral and mental health cash fund created in
4 section 24-75-230 (2)(a), C.R.S., which is of money the state received
5 from the federal coronavirus state fiscal recovery fund. To implement this
6 act, the administration may use this appropriation as follows:
7 (a) $183,875 from the general fund for program administration
8 related to community behavioral health administration, which amount is
9 based on an assumption that the administration will require an additional
10 1.8 FTE;
11 (b) $700,000 from the general fund for managed service
12 organization regional evaluations related to substance use treatment and
13 prevention services;
14 (c) $150,000 from the correctional treatment cash fund created in
15 section 18-19-103 (4)(a), C.R.S., for a fentanyl education program related
16 to substance use treatment and prevention services; and
17 (d) $3,000,000 from the behavioral and mental health cash fund
18 created in section 24-75-230 (2)(a), C.R.S., for jail-based behavioral
19 health services related to integrated behavioral health services. Any
20 money appropriated in this subsection (1)(d) not expended prior to July
21 1, 2023, is further appropriated to the administration from July 1, 2023,
22 through December 30, 2024, for the same purpose.
23 (2) For the 2022-23 state fiscal year, $869,288 is appropriated to
23 the judicial department for use by probation and related services. 24 This
926 25 appropriation consists of $138,362 from the general fund and $730,
103 26 from the correctional treatment cash fund created in section 18-19-
103 (4)(a), C.R.S. 27 To implement this act, the department may use this
28 appropriation as follows:
29 (a) $138,362 for probation programs, which amount is based on an
30 assumption that the department will require an additional 1.6 FTE; and
31 (b) $730,926 from the correctional treatment cash fund created in
32 section 18-19-103 (4)(a), C.R.S., for offender treatment and services.
33 (3) For the 2022-23 state fiscal year, $1,350,365 is appropriated
34 to the department of public health and environment for use by the
35 prevention services division. This appropriation is from the general fund
36 and is based on an assumption that the division will require an additional
37 0.6 FTE. To implement this act, the division may use this appropriation
38 for administration.
39 (4) For the 2022-23 state fiscal year, $20,000,000 is appropriated
115 40 to the opiate antagonist bulk purchase fund created in section 25-1.5-
41 (1)(a), C.R.S. This appropriation is from the behavioral and mental health
42 cash fund created in section 24-75-230 (2)(a), C.R.S., and is of money the
43 state received from the federal coronavirus state fiscal recovery fund. The
44 department of public health and environment is responsible for the
45 accounting related to this appropriation.
46 (5) For the 2022-23 state fiscal year, $6,000,000 is appropriated
47 to the harm reduction grant program cash fund created in section 25-20.5-
48 1102 (1), C.R.S. This appropriation is from the behavioral and mental
49 health cash fund created in section 24-75-230 (2)(a), C.R.S., and is of
50 money the state received from the federal coronavirus state fiscal
51 recovery fund. The department of public health and environment is
52 responsible for the accounting related to this appropriation.".
53
54 Renumber succeeding sections accordingly".
55
1 Page 3 of the report, strike line 22 and substitute:
2 "Page 43 of the bill, line 5, strike "34, and 35" and substitute "34, 35, and
3 36".".
4
5 Page 3 of the report, after line 22 insert:
6
7 "Page 1 of the bill, line 113, strike "AND".
8
9 Page 2 of the bill, line 102, strike "ACT." and substitute "ACT; AND
10 MAKING AN APPROPRIATION.".".
11
12
House Journal, April 22
48 Amendment No. 1, Appropriations Report, dated April 22, 2022, and
49 placed in member’s bill file; Report also printed in House Journal, April
50 22, 2022.
51
52 Amendment No. 2, Judiciary Report, dated April 13, 2022, and placed in
53 member’s bill file; Report also printed in House Journal, April 14, 2022.
54
55
1 Amendment No. 3, by Representative Herod.
2
3 Amend Appropriations Committee Report, dated April 22, 2022, page 1,
4 line 4, strike ""KNEW OR".
5
6 Amendment No. 4, by Representative Larson.
7
8 Amend the Judiciary Committee Report, dated April 13, 2022, page 3, line
9 6, strike "conviction." and substitute "conviction.".".
10
11 Page 3 of the report, strike lines 7 through 20.
12
13 Amendment No. 5, by Representative Benavidez.
14
15 Amend printed bill, page 11, line 18, strike "(7);" and substitute "(7),
16 (10)(a)(III), and (10)(a)(IV);".
17
18 Page 11, line 18, before "as" insert "and (10)(a)(V)".
19
20 Page 12, before line 12, insert:
21 "(10) (a) Except for a level 1 drug felony, the presence of one or
22 more of the following aggravating circumstances at the time of the
23 commission of a drug felony offense requires the court, if it sentences the
24 defendant to incarceration, to sentence the defendant to a term of at least
25 the midpoint in the presumptive range but not more than the maximum
26 term of the aggravated range:
27 (III) The defendant was under confinement, in prison, or in any
28 correctional institution as a convicted felon, or an escapee from any
29 correctional institution for another felony; or
30 (IV) The defendant was on probation for or on bond while
31 awaiting sentencing following revocation of probation for a delinquent act
32 that would have constituted a felony if committed by an adult; OR
33 (V) THE DEFENDANT COMMITTED A VIOLATION OF SECTION 18-18-
34 405 (2)(a)(III)(A), AND THE UNLAWFUL DISTRIBUTION, MANUFACTURING,
35 DISPENSING, OR SALE OF THE MATERIAL, COMPOUND, MIXTURE, OR
36 PREPARATION WEIGHED MORE THAN FIFTY GRAMS AND CONTAINED
37 FENTANYL, CARFENTANAL, OR AN ANALOG THEREOF AS DESCRIBED IN
38 SECTION 18-18-204 (2)(g).".
39
40 Amendment No. 6, by Representative Weissman.
41
42 Amend printed bill, page 42, before line 14 insert:
43 "SECTION 31. In Colorado Revised Statutes, add part 14 to
44 article 20.5 of title 25 as follows:
14 45 PART
46 HOUSE BILL 22-1326 INDEPENDENT STUDY
47 25-20.5-1401. Independent study - report - repeal. (1) (a) BY
48 JANUARY 1, 2023, THE DEPARTMENT SHALL CONTRACT WITH AN
49 INDEPENDENT ENTITY TO CONDUCT A STUDY AND PUBLISH A REPORT
50 CONCERNING THE IMPACT AND IMPLEMENTATION OF HOUSE BILL 22-1326.
51 (b) THE DEPARTMENT SHALL CONSULT WITH THE JUDICIAL
52 DEPARTMENT, THE OFFICE OF BEHAVIORAL HEALTH, AND OTHER
53 STAKEHOLDERS IDENTIFIED BY THE DEPARTMENT IN DEVELOPING AND
54 ISSUING A REQUEST FOR PROPOSALS TO ENSURE CANDIDATES HAVE
55 EXPERTISE IN DATA COLLECTION AND PROGRAM ANALYSIS, AND RELEVANT
1 CRIMINAL LAW AND HARM REDUCTION ISSUES.
2 (2) AT A MINIMUM, THE INDEPENDENT ENTITY SHALL IDENTIFY
3 AND REPORT FINDINGS REGARDING AVAILABLE DATA AND INFORMATION
4 FROM JULY 1, 2019, THROUGH JUNE 30, 2024. DATA AND INFORMATION
5 FROM CASES FILED AND PRACTICES IMPLEMENTED PRIOR TO JULY 1, 2022,
6 MUST BE INCLUDED IN THE STUDY IN AN EFFORT TO ESTABLISH BASELINE
7 INFORMATION, AS NECESSARY. THE DATA AND INFORMATION MUST BE
8 REPORTED BOTH ON A STATEWIDE BASIS AND DISAGGREGATED BY JUDICIAL
9 DISTRICT. THE DATA AND INFORMATION MUST INCLUDE, BUT IS NOT
10 LIMITED TO:
11 (a) EVERY CASE WITH A CHARGE FILED PURSUANT TO SECTION
12 18-18-403.5 FOR THE UNLAWFUL POSSESSION OF FENTANYL,
13 CARFENTANAL, OR AN ANALOG THEREOF, INCLUDING:
14 (I) WHETHER A MISDEMEANOR OR FELONY CHARGE WAS FILED;
15 (II) WHETHER AN ARREST WAS MADE OR A SUMMONS WAS ISSUED
16 FOR THE CHARGE;
17 (III) WHETHER ANOTHER CRIMINAL CHARGE WAS FILED IN THE
18 CASE, AND IF SO, WHAT CHARGE;
19 (IV) THE DISPOSITION OF THE CASE, INCLUDING THE SENTENCE
20 IMPOSED;
21 (V) WHETHER THE DEFENDANT IS CURRENTLY SERVING THE
22 SENTENCE AND IF THE SENTENCE INCLUDES PROBATION SUPERVISION;
23 (VI) WHETHER THE DEFENDANT SUCCESSFULLY COMPLETED THE
24 SENTENCE, INCLUDING IF THE DEFENDANT SUCCESSFULLY COMPLETED AN
25 INITIAL PROBATIONARY SENTENCE OR WHETHER PROBATION WAS REVOKED
26 AND RESULTED IN INCARCERATION IN JAIL OR PRISON;
27 (VII) IF PROBATION WAS REVOKED, WHETHER THE REVOCATION
28 WAS FOR A NEW CRIMINAL CASE OR A TECHNICAL VIOLATION;
29 (VIII) WHETHER SUBSTANCE ABUSE TREATMENT WAS ORDERED
30 AND, IF SO, WHAT TYPE, INCLUDING WHETHER THE COURT ORDERED
31 PLACEMENT IN A RESIDENTIAL TREATMENT FACILITY PURSUANT TO
32 SECTION 18-1.3-410 OR 18-1.3-509; AND
33 (IX) THE RACE, GENDER, AND AGE OF THE DEFENDANT, AND
34 WHETHER THE DEFENDANT WAS REPRESENTED BY COURT-APPOINTED
35 COUNSEL OR OTHERWISE DETERMINED TO BE INDIGENT;
36 (b) THE PREVENTION AND EDUCATION CAMPAIGN DEVELOPED BY
37 THE DEPARTMENT PURSUANT TO SECTION 25-1.5-115.5 AND THE FENTANYL
38 EDUCATION PROGRAM DEVELOPED BY THE OFFICE OF BEHAVIORAL HEALTH
39 PURSUANT TO SECTION 27-80-127, INCLUDING THE METHOD AND REACH OF
40 THE CAMPAIGN AND PROGRAM;
41 (c) THE IMPLEMENTATION OF MEDICATION-ASSISTED TREATMENT
42 AND OTHER APPROPRIATE WITHDRAWAL MANAGEMENT CARE BY EVERY
43 JAIL THAT RECEIVED FUNDING PURSUANT TO SECTION 27-60-106,
44 INCLUDING WHETHER THE JAILS COMPLIED WITH IMPLEMENTATION AND,
45 IF NOT, WHETHER THE JAIL FORFEITED OR RETURNED FUNDING;
46 (d) THE ELIGIBLE ENTITIES THAT PURCHASED OPIATE ANTAGONISTS
47 THROUGH THE OPIATE ANTAGONIST BULK PURCHASE FUND PURSUANT TO
48 SECTION 25-1.5-115, INCLUDING THE AMOUNT OF OPIATE ANTAGONISTS
49 PURCHASED BY EACH ELIGIBLE ENTITY AND THE REVENUE RECEIVED BY
50 THE BULK PURCHASE FUND;
51 (e) THE ELIGIBLE ENTITIES THAT RECEIVED NON-LABORATORY
3 52 SYNTHETIC OPIATE DETECTION TESTS PURSUANT TO SECTION 25-1.5-115.
53 AND THE AMOUNT OF NON-LABORATORY SYNTHETIC OPIATE DETECTION
54 TESTS RECEIVED BY EACH ELIGIBLE ENTITY;
55
1 (f) THE HARM REDUCTION GRANT PROGRAM, CREATED IN SECTION
2 25-20.5-1101, INCLUDING:
3 (I) THE GRANTEES, THE USES OF EACH GRANT, THE AMOUNT OF THE
4 GRANT AWARD, THE NUMBER OF PEOPLE SERVED BY THE GRANT, AND ANY
5 AVAILABLE OUTCOME MEASURES AS A RESULT OF THE GRANT USES;
6 (II) STRATEGIES DEVELOPED AND IMPLEMENTED THROUGH THE
7 PROGRAM, IF ANY, FOR SERVING POPULATIONS WHO ARE AT A HIGHER RISK
8 OF OVERDOSE AND LIVE IN UNDERSERVED AREAS; AND
9 (III) EVIDENCE-BASED RESEARCH DEVELOPED THROUGH THE
10 PROGRAM CONCERNING BEST OR PROMISING PRACTICES IN OVERDOSE
11 PREVENTION, EARLY INTERVENTION, HARM REDUCTION, AND
12 MEDICATION-ASSISTED TREATMENT; AND
13 (g) EVERY OVERDOSE DEATH CAUSED BY FENTANYL,
14 CARFENTANAL, OR AN ANALOG THEREOF, OCCURRING IN A JAIL, PRISON, OR
15 RESIDENTIAL COMMUNITY CORRECTIONS FACILITY OR WHILE UNDER
16 PROBATION, PAROLE, OR PRETRIAL RELEASE.
17 (3) BY DECEMBER 31, 2024, THE INDEPENDENT ENTITY SHALL
18 SUBMIT A COMPLETED COMPREHENSIVE REPORT OF ITS FINDINGS
19 PURSUANT TO SUBSECTION (2) OF THIS SECTION TO THE DEPARTMENT.
20 (4) BY JANUARY 31, 2025, THE DEPARTMENT SHALL PUBLISH THE
21 REPORT ON ITS WEBSITE AND SHALL SUBMIT THE REPORT TO THE JUDICIARY
22 COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, OR
23 ANY SUCCESSOR COMMITTEES.
24 (5) THIS PART 14 IS REPEALED, EFFECTIVE JULY 1, 2025.
25 SECTION 32. In Colorado Revised Statutes, add part 14 to article
26 20.5 of title 25 as follows:
14 27 PART
28 HOUSE BILL 22-1326 INDEPENDENT STUDY
29 25-20.5-1401. Independent study - report - repeal. (1) (a) BY
30 JANUARY 1, 2023, THE DEPARTMENT SHALL CONTRACT WITH AN
31 INDEPENDENT ENTITY TO CONDUCT A STUDY AND PUBLISH A REPORT
32 CONCERNING THE IMPACT AND IMPLEMENTATION OF HOUSE BILL 22-1326.
33 (b) THE DEPARTMENT SHALL CONSULT WITH THE JUDICIAL
34 DEPARTMENT, THE BEHAVIORAL HEALTH ADMINISTRATION, AND OTHER
35 STAKEHOLDERS IDENTIFIED BY THE DEPARTMENT IN DEVELOPING AND
36 ISSUING A REQUEST FOR PROPOSALS TO ENSURE CANDIDATES HAVE
37 EXPERTISE IN DATA COLLECTION AND PROGRAM ANALYSIS, AND RELEVANT
38 CRIMINAL LAW AND HARM REDUCTION ISSUES.
39 (2) AT A MINIMUM, THE INDEPENDENT ENTITY SHALL IDENTIFY
40 AND REPORT FINDINGS REGARDING AVAILABLE DATA AND INFORMATION
41 FROM JULY 1, 2019, THROUGH JUNE 30, 2024. DATA AND INFORMATION
42 FROM CASES FILED AND PRACTICES IMPLEMENTED PRIOR TO JULY 1, 2022,
43 MUST BE INCLUDED IN THE STUDY IN AN EFFORT TO ESTABLISH BASELINE
44 INFORMATION, AS NECESSARY. THE DATA AND INFORMATION MUST BE
45 REPORTED BOTH ON A STATEWIDE BASIS AND DISAGGREGATED BY JUDICIAL
46 DISTRICT. THE DATA AND INFORMATION MUST INCLUDE, BUT IS NOT
47 LIMITED TO:
48 (a) EVERY CASE WITH A CHARGE FILED PURSUANT TO SECTION
49 18-18-403.5 FOR THE UNLAWFUL POSSESSION OF FENTANYL,
50 CARFENTANAL, OR AN ANALOG THEREOF, INCLUDING:
51 (I) WHETHER A MISDEMEANOR OR FELONY CHARGE WAS FILED;
52 (II) WHETHER AN ARREST WAS MADE OR A SUMMONS WAS ISSUED
53 FOR THE CHARGE;
54 (III) WHETHER ANOTHER CRIMINAL CHARGE WAS FILED IN THE
55 CASE, AND IF SO, WHAT CHARGE;
1 (IV) THE DISPOSITION OF THE CASE, INCLUDING THE SENTENCE
2 IMPOSED;
3 (V) WHETHER THE DEFENDANT IS CURRENTLY SERVING THE
4 SENTENCE AND IF THE SENTENCE INCLUDES PROBATION SUPERVISION;
5 (VI) WHETHER THE DEFENDANT SUCCESSFULLY COMPLETED THE
6 SENTENCE, INCLUDING IF THE DEFENDANT SUCCESSFULLY COMPLETED AN
7 INITIAL PROBATIONARY SENTENCE OR WHETHER PROBATION WAS REVOKED
8 AND RESULTED IN INCARCERATION IN JAIL OR PRISON;
9 (VII) IF PROBATION WAS REVOKED, WHETHER THE REVOCATION
10 WAS FOR A NEW CRIMINAL CASE OR A TECHNICAL VIOLATION;
11 (VIII) WHETHER SUBSTANCE ABUSE TREATMENT WAS ORDERED
12 AND, IF SO, WHAT TYPE, INCLUDING WHETHER THE COURT ORDERED
13 PLACEMENT IN A RESIDENTIAL TREATMENT FACILITY PURSUANT TO
14 SECTION 18-1.3-410 OR 18-1.3-509; AND
15 (IX) THE RACE, GENDER, AND AGE OF THE DEFENDANT, AND
16 WHETHER THE DEFENDANT WAS REPRESENTED BY COURT-APPOINTED
17 COUNSEL OR OTHERWISE DETERMINED TO BE INDIGENT;
18 (b) THE PREVENTION AND EDUCATION CAMPAIGN DEVELOPED BY
19 THE DEPARTMENT PURSUANT TO SECTION 25-1.5-115.5 AND THE FENTANYL
20 EDUCATION PROGRAM DEVELOPED BY THE BEHAVIORAL HEALTH
21 ADMINISTRATION PURSUANT TO SECTION 27-80-127, INCLUDING THE
22 METHOD AND REACH OF THE CAMPAIGN AND PROGRAM;
23 (c) THE IMPLEMENTATION OF MEDICATION-ASSISTED TREATMENT
24 AND OTHER APPROPRIATE WITHDRAWAL MANAGEMENT CARE BY EVERY
25 JAIL THAT RECEIVED FUNDING PURSUANT TO SECTION 27-60-106,
26 INCLUDING WHETHER THE JAILS COMPLIED WITH IMPLEMENTATION AND,
27 IF NOT, WHETHER THE JAIL FORFEITED OR RETURNED FUNDING;
28 (d) THE ELIGIBLE ENTITIES THAT PURCHASED OPIATE ANTAGONISTS
29 THROUGH THE OPIATE ANTAGONIST BULK PURCHASE FUND PURSUANT TO
30 SECTION 25-1.5-115, INCLUDING THE AMOUNT OF OPIATE ANTAGONISTS
31 PURCHASED BY EACH ELIGIBLE ENTITY AND THE REVENUE RECEIVED BY
32 THE BULK PURCHASE FUND;
33 (e) THE ELIGIBLE ENTITIES THAT RECEIVED NON-LABORATORY
3 34 SYNTHETIC OPIATE DETECTION TESTS PURSUANT TO SECTION 25-1.5-115.
35 AND THE AMOUNT OF NON-LABORATORY SYNTHETIC OPIATE DETECTION
36 TESTS RECEIVED BY EACH ELIGIBLE ENTITY;
37 (f) THE HARM REDUCTION GRANT PROGRAM, CREATED IN SECTION
38 25-20.5-1101, INCLUDING:
39 (I) THE GRANTEES, THE USES OF EACH GRANT, THE AMOUNT OF THE
40 GRANT AWARD, THE NUMBER OF PEOPLE SERVED BY THE GRANT, AND ANY
41 AVAILABLE OUTCOME MEASURES AS A RESULT OF THE GRANT USES;
42 (II) STRATEGIES DEVELOPED AND IMPLEMENTED THROUGH THE
43 PROGRAM, IF ANY, FOR SERVING POPULATIONS WHO ARE AT A HIGHER RISK
44 OF OVERDOSE AND LIVE IN UNDERSERVED AREAS; AND
45 (III) EVIDENCE-BASED RESEARCH DEVELOPED THROUGH THE
46 PROGRAM CONCERNING BEST OR PROMISING PRACTICES IN OVERDOSE
47 PREVENTION, EARLY INTERVENTION, HARM REDUCTION, AND
48 MEDICATION-ASSISTED TREATMENT; AND
49 (g) EVERY OVERDOSE DEATH CAUSED BY FENTANYL,
50 CARFENTANAL, OR AN ANALOG THEREOF, OCCURRING IN A JAIL, PRISON, OR
51 RESIDENTIAL COMMUNITY CORRECTIONS FACILITY OR WHILE UNDER
52 PROBATION, PAROLE, OR PRETRIAL RELEASE.
53 (3) BY DECEMBER 31, 2024, THE INDEPENDENT ENTITY SHALL
54 SUBMIT A COMPLETED COMPREHENSIVE REPORT OF ITS FINDINGS
55 PURSUANT TO SUBSECTION (2) OF THIS SECTION TO THE DEPARTMENT.
1 (4) BY JANUARY 31, 2025, THE DEPARTMENT SHALL PUBLISH THE
2 REPORT ON ITS WEBSITE AND SHALL SUBMIT THE REPORT TO THE JUDICIARY
3 COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, OR
4 ANY SUCCESSOR COMMITTEES.
5 (5) THIS PART 14 IS REPEALED, EFFECTIVE JULY 1, 2025.".
6
7 Amendment No. 7, by Representative Bacon.
8
9 Amend printed bill, page 42, before line 14 insert:
10 "SECTION 31. In Colorado Revised Statutes, 27-60-106.5,
11 amend (1)(a); and add (4) as follows:
12 27-60-106.5. Criminal justice diversion programs - rules -
13 report - appropriation - repeal. (1) (a) The SUBJECT TO AVAILABLE
14 APPROPRIATIONS, THE office of behavioral health in the state department
15 may SHALL contract with cities and counties, OR CITY AND COUNTY
16 PARTNERSHIPS, for the creation, maintenance, or expansion of criminal
17 justice diversion programs. The goal of each program created pursuant to
18 this section should be to connect law enforcement officers FIRST
19 RESPONDERS with behavioral health providers to assist individuals in need
20 of behavioral health intervention or to divert individuals from the criminal
21 justice system, INCLUDING ARREST AND INCARCERATION. THE CONTRACT
22 MUST REQUIRE THAT CITIES AND COUNTIES, OR CITY AND COUNTY
23 PARTNERSHIPS, PROVIDE, AT A MINIMUM, CASE MANAGEMENT SERVICES
24 AND REFERRALS FOR APPROPRIATE BEHAVIORAL HEALTH SERVICES,
25 INCLUDING OUTPATIENT TREATMENT, SHORT-TERM RESIDENTIAL
26 PLACEMENT FOR WITHDRAWAL MANAGEMENT OR CRISIS STABILIZATION,
27 RESIDENTIAL TREATMENT SERVICES, AND MEDICATION-ASSISTED
28 TREATMENT.
29 (4) (a) FOR THE 2022-23 STATE FISCAL YEAR, THE GENERAL
30 ASSEMBLY SHALL APPROPRIATE TWO MILLION DOLLARS TO THE OFFICE OF
31 BEHAVIORAL HEALTH FOR THE PURPOSE OF IMPLEMENTING THE PROGRAMS
32 CREATED BY SUBSECTION (1)(a) OF THIS SECTION.
33 (b) THIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2024.
34 SECTION 32. In Colorado Revised Statutes, 27-60-106.5, amend
35 (1)(a); and add (4) as follows:
36 27-60-106.5. Criminal justice diversion programs - rules -
37 report - appropriation - repeal. (1) (a) The SUBJECT TO AVAILABLE
38 APPROPRIATIONS, THE office of behavioral health in the state department
39 may BHA SHALL contract with cities and counties, OR CITY AND COUNTY
40 PARTNERSHIPS, for the creation, maintenance, or expansion of criminal
41 justice diversion programs. The goal of each program created pursuant to
42 this section should be to connect law enforcement officers FIRST
43 RESPONDERS with behavioral health providers to assist individuals in need
44 of behavioral health intervention or to divert individuals from the criminal
45 justice system, INCLUDING ARREST AND INCARCERATION. THE CONTRACT
46 MUST REQUIRE THAT CITIES AND COUNTIES, OR CITY AND COUNTY
47 PARTNERSHIPS, PROVIDE, AT A MINIMUM, CASE MANAGEMENT SERVICES
48 AND REFERRALS FOR APPROPRIATE BEHAVIORAL HEALTH SERVICES,
49 INCLUDING OUTPATIENT TREATMENT, SHORT-TERM RESIDENTIAL
50 PLACEMENT FOR WITHDRAWAL MANAGEMENT OR CRISIS STABILIZATION,
51 RESIDENTIAL TREATMENT SERVICES, AND MEDICATION-ASSISTED
52 TREATMENT.
53
1 (4) (a) FOR THE 2022-23 STATE FISCAL YEAR, THE GENERAL
2 ASSEMBLY SHALL APPROPRIATE TWO MILLION DOLLARS TO THE BHA FOR
3 THE PURPOSE OF IMPLEMENTING THE PROGRAMS CREATED BY SUBSECTION
4 (1)(a) OF THIS SECTION.
5 (b) THIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2024.
6 SECTION 33. In Colorado Revised Statutes, add 27-80-107.8 as
7 follows:
8 27-80-107.8. Withdrawal management and crisis service
9 expansion - appropriation. (1) ON OR BEFORE JANUARY 1, 2023, EACH
10 MANAGED SERVICE ORGANIZATION SHALL:
11 (a) CONTRACT TO PROVIDE SHORT-TERM RESIDENTIAL PLACEMENT
12 FOR WITHDRAWAL MANAGEMENT, CRISIS STABILIZATION, OR
13 MEDICATION-ASSISTED TREATMENT FOR PERSONS IN IMMEDIATE NEED OF
14 DETOXIFICATION AND STABILIZATION SERVICES, WITH A PROVIDER WHO IS
15 LICENSED BY THE STATE OF COLORADO TO PROVIDE THOSE SERVICES.
16 (b) DEVELOP A PAYMENT SCHEDULE THAT INCLUDES ADMISSION
17 AND SERVICE RATES FROM THE MANAGED SERVICE ORGANIZATION TO THE
18 PROVIDER, AND ORGANIZATIONAL FUNDING FOR TRAINING AND
19 COORDINATION WITH FIRST RESPONDERS OR REFERRING ENTITIES; AND
20 (c) PROVIDE TRAINING TO, AND ONGOING COORDINATION WITH,
21 FIRST RESPONDERS OR REFERRING ENTITIES CONCERNING THE AVAILABLE
22 SERVICES TO BE UTILIZED IN LIEU OF ARREST AND TRANSPORT TO JAIL, TO
23 THE GREATEST EXTENT POSSIBLE.
24 (2) FOR THE 2022-23 STATE FISCAL YEAR, THE GENERAL ASSEMBLY
25 SHALL APPROPRIATE TEN MILLION DOLLARS TO THE OFFICE OF
26 BEHAVIORAL HEALTH TO BE DISTRIBUTED TO MANAGED SERVICE
27 ORGANIZATIONS FOR THE PURPOSE OF IMPLEMENTING THIS SECTION. ANY
28 UNEXPENDED MONEY REMAINING AT THE END OF THE 2022-23 STATE
29 FISCAL YEAR FROM THIS APPROPRIATION:
30 (a) DOES NOT REVERT TO THE GENERAL FUND OR ANY OTHER FUND;
31 (b) MAY BE USED BY THE OFFICE OF BEHAVIORAL HEALTH IN THE
32 2023-24 OR 2024-25 STATE FISCAL YEARS WITHOUT FURTHER
33 APPROPRIATION; AND
34 (c) MUST NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN THE
35 PURPOSES SET FORTH IN THIS SECTION.
36 SECTION 34. In Colorado Revised Statutes, add 27-80-107.8 as
37 follows:
38 27-80-107.8. Withdrawal management and crisis service
39 expansion - appropriation. (1) ON OR BEFORE JANUARY 1, 2023, EACH
40 MANAGED SERVICE ORGANIZATION SHALL:
41 (a) CONTRACT TO PROVIDE SHORT-TERM RESIDENTIAL PLACEMENT
42 FOR WITHDRAWAL MANAGEMENT, CRISIS STABILIZATION, OR
43 MEDICATION-ASSISTED TREATMENT FOR PERSONS IN IMMEDIATE NEED OF
44 DETOXIFICATION AND STABILIZATION SERVICES, WITH A PROVIDER WHO IS
45 LICENSED BY THE STATE OF COLORADO TO PROVIDE THOSE SERVICES.
46 (b) DEVELOP A PAYMENT SCHEDULE THAT INCLUDES ADMISSION
47 AND SERVICE RATES FROM THE MANAGED SERVICE ORGANIZATION TO THE
48 PROVIDER, AND ORGANIZATIONAL FUNDING FOR TRAINING AND
49 COORDINATION WITH FIRST RESPONDERS OR REFERRING ENTITIES; AND
50 (c) PROVIDE TRAINING TO, AND ONGOING COORDINATION WITH,
51 FIRST RESPONDERS OR REFERRING ENTITIES CONCERNING THE AVAILABLE
52 SERVICES TO BE UTILIZED IN LIEU OF ARREST AND TRANSPORT TO JAIL, TO
53 THE GREATEST EXTENT POSSIBLE.
54
1 (2) FOR THE 2022-23 STATE FISCAL YEAR, THE GENERAL ASSEMBLY
2 SHALL APPROPRIATE TEN MILLION DOLLARS TO THE BEHAVIORAL HEALTH
3 ADMINISTRATION TO BE DISTRIBUTED TO MANAGED SERVICE
4 ORGANIZATIONS FOR THE PURPOSE OF IMPLEMENTING THIS SECTION. ANY
5 UNEXPENDED MONEY REMAINING AT THE END OF THE 2022-23 STATE
6 FISCAL YEAR FROM THIS APPROPRIATION:
7 (a) DOES NOT REVERT TO THE GENERAL FUND OR ANY OTHER FUND;
8 (b) MAY BE USED BY THE BEHAVIORAL HEALTH ADMINISTRATION
9 IN THE 2023-24 OR 2024-25 STATE FISCAL YEARS WITHOUT FURTHER
10 APPROPRIATION; AND
11 (c) MUST NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN THE
12 PURPOSES SET FORTH IN THIS SECTION.".
13
14 Amendment No. 8, by Representative Herod.
15
16 Amend proposed second reading amendment (HB1326_L.119), page 1,
17 strike lines 2 through 40.
18
19 Page 2, strike lines 1 through 9.
20
21 Page 2, line 10, strike "SECTION 33." and substitute ""SECTION 31.".
22
23 Renumber succeeding section accordingly.
24
25 Amendment No. 9, by Representative Lynch.
26
27 Amend printed bill, page 42, before line 14, insert:
525 28 "SECTION 31. In Colorado Revised Statutes, add 24-33.5-
29 as follows:
30 24-33.5-525. Synthetic opiate poisoning investigation and
31 distribution interdiction grant program - creation - duties - rules -
32 reports - appropriation - definition - repeal. (1) THERE IS CREATED IN
33 THE DIVISION THE SYNTHETIC OPIATE POISONING INVESTIGATION AND
34 DISTRIBUTION INTERDICTION GRANT PROGRAM, REFERRED TO IN THIS
35 SECTION AS "GRANT PROGRAM", TO PROVIDE GRANTS TO LAW
36 ENFORCEMENT AGENCIES FOR THE PURPOSE OF INVESTIGATING DEATHS
37 CAUSED BY SYNTHETIC OPIATE POISONING AND DISRUPTING SYNTHETIC
38 OPIATE DISTRIBUTION.
39 (2) A LAW ENFORCEMENT AGENCY MAY APPLY FOR A GRANT FOR
40 THE FOLLOWING PURPOSES:
41 (a) INVESTIGATING DEATHS AND SERIOUS INJURIES CAUSED BY
42 SYNTHETIC OPIATE POISONING;
43 (b) INVESTIGATING, ENFORCING, AND PROSECUTING SYNTHETIC
44 OPIATE DISTRIBUTION NETWORKS, INCLUDING PERFORMING
45 MULTIJURISDICTIONAL INVESTIGATIONS AND ENFORCEMENT OPERATIONS;
46 AND
47 (c) ENHANCING SYNTHETIC OPIATE DISTRIBUTION INTELLIGENCE,
48 IN FO R M A T IO N-S H A R IN G C A P A B ILIT IE S , A N D IN T E R A G E N C Y
49 COLLABORATION AMONG FEDERAL, STATE, AND LOCAL LAW
50 ENFORCEMENT PARTNERS.
51 (3) (a) SUBJECT TO AVAILABLE APPROPRIATIONS, GIFTS, GRANTS,
52 OR DONATIONS, THE DIVISION SHALL ADMINISTER THE GRANT PROGRAM
53 AND SHALL AWARD GRANTS AS PROVIDED IN THIS SECTION.
54 (b) THE DIVISION MAY SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS,
55 OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF
1 THIS SECTION.
2 (4) THE DIVISION MAY PROMULGATE SUCH RULES AS MAY BE
3 NECESSARY TO IMPLEMENT THE GRANT PROGRAM.
4 (5) (a) ON OR BEFORE AUGUST 1, 2023, AND ON OR BEFORE
5 AUGUST 1 EACH YEAR THEREAFTER, EACH GRANT RECIPIENT THAT
6 RECEIVED A GRANT THROUGH THE GRANT PROGRAM IN THE PRECEDING
7 STATE FISCAL YEAR SHALL SUBMIT A REPORT TO THE DIVISION IN A
8 FORMAT REQUIRED BY THE DIVISION. AT A MINIMUM, THE REPORT MUST
9 INCLUDE A DESCRIPTION OF THE USES OF THE GRANT MONEY DURING THE
10 APPLICABLE GRANT TERM. THE DIVISION MAY PROMULGATE RULES
11 REGARDING REPORTING REQUIREMENTS, INCLUDING ADDITIONAL
12 INFORMATION TO BE INCLUDED IN THE REPORT.
13 (b) ON OR BEFORE DECEMBER 1, 2023, AND ON OR BEFORE
14 DECEMBER 1 EACH YEAR THEREAFTER FOR THE DURATION OF THE GRANT
15 PROGRAM, THE DIVISION SHALL SUBMIT A SUMMARIZED REPORT TO THE
16 JUDICIARY COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE
17 SENATE, OR ANY SUCCESSOR COMMITTEES. AT A MINIMUM, THE REPORT
18 MUST INCLUDE THE INFORMATION PROVIDED BY GRANT RECIPIENTS TO THE
19 DIVISION PURSUANT TO THIS SUBSECTION (5).
20 (6) THE DIVISION SHALL CONSULT THE OPIOID CRISIS RECOVERY
21 FUNDS ADVISORY COMMITTEE, CREATED IN SECTION 27-81-118,
22 CONCERNING THE IMPLEMENTATION OF THIS SECTION, INCLUDING
23 RECOMMENDATIONS FOR POTENTIAL GRANT RECIPIENTS AND
24 EXPENDITURES, AND ASSISTANCE SEEKING GIFTS, GRANTS, AND
25 DONATIONS PURSUANT TO SUBSECTION (3)(b) OF THIS SECTION.
26 (7) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
27 REQUIRES, "LAW ENFORCEMENT AGENCY" HAS THE SAME MEANING SET
28 FORTH IN SECTION 24-32-124 (1)(e), AND INCLUDES A DISTRICT
29 ATTORNEY'S OFFICE, A MULTIJURISDICTIONAL LAW ENFORCEMENT TASK
30 FORCE THAT INCLUDES A LAW ENFORCEMENT AGENCY AS DEFINED BY
31 SECTION 24-32-124 (1)(e), OR A POLICE DEPARTMENT FOR A PRIVATE OR
32 STATE INSTITUTION OF HIGHER EDUCATION.
33 (8) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2026.".
34
35 Amendment No. 10, by Speaker Garnett.
36
37 Amend printed bill, page 6, line 7, after "(6)" insert "and (7)".
38
39 Page 7, after line 8 insert:
40 "(7) NOTWITHSTANDING SUBSECTION (2.5) OF THIS SECTION, ON OR
41 AFTER JULY 1, 2022, THE POSSESSION OF AN OPIATE ANTAGONIST OR A
42 NON-LABORATORY SYNTHETIC OPIATE DETECTION TEST MUST NOT BE USED
43 AS EVIDENCE TO PROVE THE PERSON KNEW OR HAD REASONABLE CAUSE TO
44 BELIEVE THAT THE MATERIAL, COMPOUND, MIXTURE, OR PREPARATION
45 CONTAINED ANY QUANTITY OF FENTANYL, CARFENTANAL, OR AN ANALOG
46 THEREOF AS DESCRIBED IN SECTION 18-18-204 (2)(g).".
47
48 Amendment No. 11, by Representative Benavidez.
49
50 Amend page 27, line 13, strike "throughout" and substitute "throughout
51 AT ANY TIME DURING".
52
53 Page 27, line 21, after "RECEIVED" and substitute "OR HAS BEEN ASSESSED
54 TO RECEIVE".
55
1 Page 27, line 22, strike "USE," insert "USE IN THE COMMUNITY OR WHILE
2 IN JAIL,".
3
4 Page 28, line 11, strike "throughout" and substitute "throughout AT ANY
5 TIME DURING".
6
7 Page 28, line 19, after "RECEIVED" insert "OR HAS BEEN ASSESSED TO
8 RECEIVE".
9
10 Page 28, line 20, strike "USE," insert "USE IN THE COMMUNITY OR WHILE
11 IN JAIL,".
12
13 Page 38, line 23, strike "booked into the jail facility" and substitute
14 "booked into the jail facility WHEN BOOKED INTO THE JAIL FACILITY AND
15 AT ANY TIME SUBSEQUENT TO BOOKING WHEN CLINICALLY INDICATED".
16
17 Page 39, lines 5 and 6, strike "DEVELOP AND IMPLEMENT" and substitute
18 "DEVELOP, IMPLEMENT, AND PUBLISH".
19
20 Page 39, line 23, strike "booked into the jail facility" and substitute
21 "booked into the jail facility WHEN BOOKED INTO THE JAIL FACILITY AND
22 AT ANY TIME SUBSEQUENT TO BOOKING WHEN CLINICALLY INDICATED".
23
24 Page 40, line 6, strike "DEVELOP AND IMPLEMENT" and substitute
25 "DEVELOP, IMPLEMENT, AND PUBLISH".
26
27 As amended, ordered engrossed and placed on the Calendar for Third
28 Reading and Final Passage.
29
House Journal, April 22
53 Amend the Appropriations Committee Report, dated April 22, 2022, page
54 1, strike lines 1 through 10 and substitute:
55
56 "Amend the Judiciary Committee Report, dated April 13, 2022, page 1,
57 strike lines 4 through 22 and substitute:
58
1 "18-18-403.5. Unlawful possession of a controlled substance -
2 notice to the revisor of statutes - repeal. (2.5) NOTWITHSTANDING
3 SUBSECTION (2)(c) OF THIS SECTION, ON OR AFTER JULY 1, 2022, A PERSON
4 WHO VIOLATES SUBSECTION (1) OF THIS SECTION BY POSSESSING ANY
5 MATERIAL, COMPOUND, MIXTURE, OR PREPARATION THAT CONTAINS ANY
6 QUANTITY OF FENTANYL, CARFENTANAL, OR AN ANALOG THEREOF AS
7 DESCRIBED IN SECTION 18-18-204 (2)(g), COMMITS A LEVEL 4 DRUG
8 FELONY.".
9
10 The amendment was declared lost by the following roll call vote:
11
12 YES 24 NO 38 EXCUSED 3 ABSENT
13 Amabile N Exum N Lynch Y Sirota N
14 Bacon N Froelich N McCluskie Y Snyder E
15 Baisley N Geitner Y McCormick N Soper Y
16 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
17 Bernett N Gray E McLachlan N Tipper N
18 Bird Y Hanks Y Michaelson Jenet N Titone N
19 Bockenfeld Y Herod N Mullica Y Valdez A. N
20 Boesenecker N Holtorf Y Neville N Valdez D. N
21 Bradfield Y Hooton N Ortiz N Van Beber Y
22 Caraveo N Jodeh N Pelton Y Van Winkle Y
23 Carver Y Kennedy N Pico Y Weissman N
24 Catlin Y Kipp N Ransom E Will Y
25 Cutter N Larson Y Rich Y Williams Y
26 Daugherty N Lindsay N Ricks N Woodrow N
27 Duran N Lontine N Roberts Y Woog Y
28 Esgar N Luck Y Sandridge N Young N
29 Speaker N
House Journal, April 22
37 Amend the Appropriations Committee Report, dated April 22, 2022, page
38 1, strike lines 4 and 5 and substitute:
39
40 "Page 1 of the Judiciary Committee Report, lines 12 and 13, strike "THE
41 PERSON KNEW OR REASONABLY SHOULD HAVE KNOWN".
42
43 The amendment was declared lost by the following roll call vote:
44
45 YES 27 NO 35 EXCUSED 3 ABSENT
46 Amabile N Exum N Lynch Y Sirota N
47 Bacon N Froelich N McCluskie Y Snyder E
48 Baisley Y Geitner Y McCormick N Soper Y
49 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
50 Bernett N Gray E McLachlan Y Tipper N
51 Bird Y Hanks Y Michaelson Jenet N Titone N
52 Bockenfeld Y Herod N Mullica Y Valdez A. N
53 Boesenecker N Holtorf Y Neville Y Valdez D. N
54 Bradfield Y Hooton N Ortiz N Van Beber Y
55 Caraveo N Jodeh N Pelton Y Van Winkle Y
56 Carver Y Kennedy N Pico Y Weissman N
1 Catlin Y Kipp N Ransom E Will Y
2 Cutter N Larson Y Rich Y Williams Y
3 Daugherty N Lindsay N Ricks N Woodrow N
4 Duran N Lontine N Roberts Y Woog Y
5 Esgar N Luck Y Sandridge N Young N
6 Speaker N
House Journal, April 22
14 Amend the Appropriations Committee Report, dated April 22, 2022, page
15 1, page 1, strike lines 8 through 10.
16
17 The amendment was declared lost by the following roll call vote:
18
19 YES 28 NO 34 EXCUSED 3 ABSENT
20 Amabile N Exum N Lynch Y Sirota N
21 Bacon N Froelich N McCluskie Y Snyder E
22 Baisley Y Geitner Y McCormick N Soper Y
23 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
24 Bernett N Gray E McLachlan N Tipper N
25 Bird Y Hanks Y Michaelson Jenet N Titone N
26 Bockenfeld Y Herod N Mullica Y Valdez A. N
27 Boesenecker N Holtorf Y Neville Y Valdez D. N
28 Bradfield Y Hooton N Ortiz N Van Beber Y
29 Caraveo Y Jodeh N Pelton Y Van Winkle Y
30 Carver Y Kennedy N Pico Y Weissman N
31 Catlin Y Kipp N Ransom E Will Y
32 Cutter N Larson Y Rich Y Williams Y
33 Daugherty N Lindsay N Ricks N Woodrow N
34 Duran N Lontine N Roberts Y Woog Y
35 Esgar N Luck Y Sandridge N Young Y
36 Speaker N
House Journal, April 22
44 Amend printed bill, page 10, strike lines 11 through 16 and substitute:
45
46 "(i) A VIOLATION OF SECTION 18-18-405 (2)(a)(III)(A), IF THE
47 VIOLATION INVOLVES DISTRIBUTION OR TRANSFER OF A MATERIAL,
48 COMPOUND, MIXTURE, OR PREPARATION THAT WEIGHS NOT MORE THAN
49 ONE-HALF OF A GRAM AND CONTAINS ANY QUANTITY OF FENTANYL,
50 CARFENTANAL, OR AN ANALOG THEREOF, AS DESCRIBED IN SECTION
51 18-18-204 (2)(g), AND IF THE DISTRIBUTION OR TRANSFER WAS FOR THE
52 PURPOSE OF CONSUMING ALL OF THE MATERIAL, COMPOUND, MIXTURE, OR
53 PREPARATION THAT WEIGHS NOT MORE THAN ONE-HALF OF A GRAM AND
54 CONTAINS ANY QUANTITY OF FENTANYL, CARFENTANAL, OR AN ANALOG
55 THEREOF, AS DESCRIBED IN SECTION 18-18-204 (2)(g), WITH THE PERSON
56 WHO DIED AT A TIME SUBSTANTIALLY CONTEMPORANEOUS WITH THE
57 DISTRIBUTION OR TRANSFER.".
1 The amendment was declared lost by the following roll call vote:
2
3 YES 23 NO 39 EXCUSED 3 ABSENT
4 Amabile N Exum N Lynch Y Sirota N
5 Bacon N Froelich N McCluskie N Snyder E
6 Baisley Y Geitner Y McCormick N Soper Y
7 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
8 Bernett N Gray E McLachlan N Tipper N
9 Bird Y Hanks Y Michaelson Jenet N Titone N
10 Bockenfeld Y Herod N Mullica N Valdez A. N
11 Boesenecker N Holtorf Y Neville Y Valdez D. N
12 Bradfield Y Hooton N Ortiz N Van Beber Y
13 Caraveo N Jodeh N Pelton Y Van Winkle Y
14 Carver Y Kennedy N Pico Y Weissman N
15 Catlin Y Kipp N Ransom E Will Y
16 Cutter N Larson Y Rich Y Williams Y
17 Daugherty N Lindsay N Ricks N Woodrow N
18 Duran N Lontine N Roberts N Woog Y
19 Esgar N Luck Y Sandridge N Young N
20 Speaker N
House Journal, April 22
28 Amend printed bill, page 7, line 24, strike "(A)".
29
30 Page 8, strike lines 5 through 13.
31
32 Page 10, line 11, strike "(2)(a)(III)(A)" and substitute "(2)(a)(III)".
33
34 Page 11, line 18, strike "(7);" and substitute "(10)(a)(III), and
35 (10)(a)(IV);".
36
37 Page 11, line 18, before "as" insert "and (10)(a)(V)".
38
39 Page 12, strike lines 1 through 11 and substitute:
40 "(10) (a) Except for a level 1 drug felony, the presence of one or
41 more of the following aggravating circumstances at the time of the
42 commission of a drug felony offense requires the court, if it sentences the
43 defendant to incarceration, to sentence the defendant to a term of at least
44 the midpoint in the presumptive range but not more than the maximum
45 term of the aggravated range:
46 (III) The defendant was under confinement, in prison, or in any
47 correctional institution as a convicted felon, or an escapee from any
48 correctional institution for another felony; or
49 (IV) The defendant was on probation for or on bond while
50 awaiting sentencing following revocation of probation for a delinquent
51 act that would have constituted a felony if committed by an adult; OR
52 (V) THE DEFENDANT COMMITTED A VIOLATION OF SECTION 18-18-
53 405 (2)(a)(III).".
54
55 The amendment was declared lost by the following roll call vote:
56
1 YES 28 NO 35 EXCUSED 2 ABSENT
2 Amabile N Exum N Lynch Y Sirota N
3 Bacon N Froelich N McCluskie Y Snyder E
4 Baisley Y Geitner Y McCormick N Soper Y
5 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
6 Bernett N Gray E McLachlan N Tipper N
7 Bird Y Hanks Y Michaelson Jenet N Titone N
8 Bockenfeld Y Herod N Mullica Y Valdez A. N
9 Boesenecker N Holtorf Y Neville Y Valdez D. N
10 Bradfield Y Hooton N Ortiz N Van Beber Y
11 Caraveo N Jodeh N Pelton Y Van Winkle Y
12 Carver Y Kennedy N Pico Y Weissman N
13 Catlin Y Kipp N Ransom Y Will Y
14 Cutter N Larson Y Rich Y Williams Y
15 Daugherty N Lindsay N Ricks N Woodrow N
16 Duran N Lontine N Roberts Y Woog Y
17 Esgar N Luck Y Sandridge Y Young N
18 Speaker N
House Journal, April 22
5 Amend page 27, line 13, strike "throughout" and substitute "throughout
6 AT ANY TIME DURING".
7
8 Page 27, line 21, after "RECEIVED" and substitute "OR HAS BEEN ASSESSED
9 TO RECEIVE".
10
11 Page 27, line 22, strike "USE," insert "USE IN THE COMMUNITY OR WHILE
12 IN JAIL,".
13
14 Page 28, line 11, strike "throughout" and substitute "throughout AT ANY
15 TIME DURING".
16
17 Page 28, line 19, after "RECEIVED" insert "OR HAS BEEN ASSESSED TO
18 RECEIVE".
19
20 Page 28, line 20, strike "USE," insert "USE IN THE COMMUNITY OR WHILE
21 IN JAIL,".
22
23 Page 38, line 23, strike "booked into the jail facility" and substitute
24 "booked into the jail facility WHEN BOOKED INTO THE JAIL FACILITY AND
25 AT ANY TIME SUBSEQUENT TO BOOKING WHEN CLINICALLY INDICATED".
26
27 Page 39, lines 5 and 6, strike "DEVELOP AND IMPLEMENT" and substitute
28 "DEVELOP, IMPLEMENT, AND PUBLISH".
29
30 Page 39, line 23, strike "booked into the jail facility" and substitute
31 "booked into the jail facility WHEN BOOKED INTO THE JAIL FACILITY AND
32 AT ANY TIME SUBSEQUENT TO BOOKING WHEN CLINICALLY INDICATED".
33
34 Page 40, line 6, strike "DEVELOP AND IMPLEMENT" and substitute
35 "DEVELOP, IMPLEMENT, AND PUBLISH".
36
37 The amendment was declared lost by the following roll call vote:
38
39 YES 23 NO 40 EXCUSED 2 ABSENT
40 Amabile N Exum N Lynch Y Sirota N
41 Bacon N Froelich N McCluskie N Snyder E
42 Baisley Y Geitner Y McCormick N Soper Y
43 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
44 Bernett N Gray E McLachlan N Tipper N
45 Bird N Hanks Y Michaelson Jenet N Titone N
46 Bockenfeld Y Herod N Mullica N Valdez A. N
47 Boesenecker N Holtorf Y Neville Y Valdez D. N
48 Bradfield Y Hooton N Ortiz N Van Beber Y
49 Caraveo N Jodeh N Pelton Y Van Winkle Y
50 Carver Y Kennedy N Pico Y Weissman N
51 Catlin Y Kipp N Ransom Y Will Y
52 Cutter N Larson Y Rich Y Williams Y
53 Daugherty N Lindsay N Ricks N Woodrow N
54 Duran N Lontine N Roberts N Woog Y
55 Esgar N Luck Y Sandridge N Young N
56 Speaker N
Senate Journal, April 29
After consideration on the merits, the Committee recommends that HB22-1326 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.
Amend reengrossed bill, page 31, line 20, strike "APPROVED BY THE FEDERAL
FOOD AND DRUG ADMINISTRATION".
Page 31, line 23, strike "(1)" and substitute "(1); and add (3)".
Page 32, lines 11 and 12, strike "THREE DOSES OF AN OPIATE ANTAGONIST" and
substitute "EIGHT MILLIGRAMS OF AN OPIOID ANTAGONIST VIA INHALATION OR
ITS EQUIVALENT".
Page 32, after line 21 insert:
"(3) AS USED IN THIS SECTION, "OPIOID ANTAGONIST" MEANS NALOXONE
HYDROCHLORIDE OR ANY SIMILARLY ACTING DRUG THAT IS NOT A CONTROLLED
SUBSTANCE AND THAT IS APPROVED BY THE FEDERAL FOOD AND DRUG
ADMINISTRATION FOR THE TREATMENT OF A DRUG OVERDOSE.".
Page 32, line 23, strike "(1)" and substitute "(1); and add (3)".
Page 33, lines 11 and 12, strike "THREE DOSES OF AN OPIATE ANTAGONIST" and
substitute "EIGHT MILLIGRAMS OF AN OPIOID ANTAGONIST VIA INHALATION OR
ITS EQUIVALENT".
Page 33, after line 21 insert:
"(3) AS USED IN THIS SECTION, "OPIOID ANTAGONIST" MEANS NALOXONE
HYDROCHLORIDE OR ANY SIMILARLY ACTING DRUG THAT IS NOT A CONTROLLED
SUBSTANCE AND THAT IS APPROVED BY THE FEDERAL FOOD AND DRUG
ADMINISTRATION FOR THE TREATMENT OF A DRUG OVERDOSE.".
Page 34, strike lines 8 through 14 and substitute:
"(b) (I) STARTING ON OR BEFORE JULY 1, 2023, A COMMUNITY
CORRECTIONS PROGRAM ESTABLISHED PURSUANT TO THIS SECTION SHALL
DEVELOP PROTOCOLS TO IDENTIFY WITHDRAWAL SYMPTOMS, DETERMINE
WHETHER A MEDICAL REFERRAL IS NEEDED, AND ENSURE INDIVIDUALS HAVE
ACCESS TO APPROPRIATE MEDICAL PROFESSIONALS AS NECESSARY. IN
INSTANCES WHEN A MEDICALLY SUPERVISED DETOXIFICATION APPEARS
NECESSARY, COMMUNITY CORRECTIONS PROGRAM STAFF SHALL ASSIST THE
INDIVIDUAL WITH ACCESSING A LOCAL EMERGENCY PROVIDER OR MANAGED
SERVICE ORGANIZATION FOR NECESSARY TREATMENT.
(II) STARTING ON OR BEFORE JULY 1, 2023, A COMMUNITY
CORRECTIONS PROGRAM ESTABLISHED PURSUANT TO THIS SECTION SHALL
PROVIDE MEDICATION-ASSISTED TREATMENT. IF A COMMUNITY CORRECTIONS
PROGRAM DOES NOT PROVIDE MEDICATION-ASSISTED TREATMENT, COMMUNITY
CORRECTIONS PROGRAM STAFF SHALL ASSIST THE INDIVIDUAL WITH ACCESSING
A COMMUNITY-BASED MEDICATION-ASSISTED TREATMENT PROVIDER. A
COMMUNITY CORRECTIONS PROGRAM THAT DOES NOT PROVIDE A MEDICATION-
ASSISTED TREATMENT PURSUANT TO THIS SUBSECTION (12), SHALL SUBMIT A
REPORT BY JULY 1, 2023, TO THE DIVISION OF CRIMINAL JUSTICE IN THE
DEPARTMENT OF PUBLIC SAFETY DESCRIBING THE BARRIERS TO OFFERING THE
SERVICES AND WHAT RESOURCES ARE NECESSARY TO PROVIDE MEDICATION-
ASSISTED TREATMENT.".
Page 36, lines 4 and 5, strike "APPROVED BY THE FEDERAL FOOD AND DRUG
ADMINISTRATION" and substitute "THAT IS".
Page 36, line 11, after "means" insert "A PRESCRIPTION DRUG OUTLET, AS
DEFINED BY SECTION 12-280-103 (43), OR".
Page 38, lines 2 and 3, strike "APPROVED BY THE FEDERAL FOOD AND DRUG
ADMINISTRATION".
Page 40, strike lines 12 and 13 and substitute:
"(VI) A BEHAVIORAL HEALTH ENTITY, AS DEFINED IN SECTION
25-27.6-102 (6); OR".
Page 43, line 7, strike "and add (7)".
Page 44, strike lines 1 through 7.
Page 44, line 9, strike "and add (7)".
Page 45, strike lines 3 through 9.
Page 49, line 14, strike "2024." and substitute "2024 OBTAINED FROM THE
COLORADO JUDICIAL DEPARTMENT AND TREATMENT PROVIDERS SERVING THE
PROBATION POPULATION.".
Page 49, line 22, strike "18-18-403.5" and substitute "18-18-403.5 (2.5)(a)".
Page 50, line 18, strike "INDIGENT;" and substitute "INDIGENT.".
Page 50, after line 18, insert:
"(3) AT A MINIMUM, THE INDEPENDENT ENTITY SHALL IDENTIFY AND
REPORT FINDINGS BASED ON AVAILABLE DATA AND INFORMATION OBTAINED
FROM THE OFFICE OF BEHAVIORAL HEALTH, THE DEPARTMENT OF PUBLIC
HEALTH AND ENVIRONMENT, MANAGED SERVICE ORGANIZATIONS, AND OTHER
APPLICABLE AGENCIES AND TREATMENT PROVIDERS, REGARDING:".
Page 50, line 19, strike "(b)" and substitute "(a)".
Reletter succeeding paragraphs accordingly.
Page 51, line 22, strike "AND".
Page 51, strike line 26 and substitute:
"PROBATION, PAROLE, OR PRETRIAL RELEASE;
(g) THE MANAGED SERVICE ORGANIZATIONS CONTRACTS DEVELOPED
PURSUANT TO SECTION 27-80-107.8 TO PROVIDE SHORT-TERM RESIDENTIAL
PLACEMENT FOR WITHDRAWAL MANAGEMENT, CRISIS STABILIZATION, OR
MEDICATION-ASSISTED TREATMENT, INCLUDING THE NUMBER OF FACILITIES,
THEIR LOCATION, SERVICES PROVIDED, AND THE NUMBER OF PERSONS SERVED;
AND
(h) THE TRAINING AND COORDINATION EFFORTS DEVELOPED AND
IMPLEMENTED BY THE MANAGED SERVICE ORGANIZATIONS WITH FIRST
RESPONDERS AND REFERRING ENTITIES REGARDING THE AVAILABLE SERVICES
TO BE UTILIZED IN LIEU OF ARREST AND TRANSPORT TO JAIL.
(4) THE INDEPENDENT ENTITY SHALL REQUEST ALL NECESSARY DATA
NECESSARY TO COMPLETE THE STUDY, AND EACH AGENCY OR ORGANIZATION
SHALL ESTABLISH ANY DATA SHARING AGREEMENT NECESSARY, SUBJECT TO ALL
FEDERAL AND STATE PRIVACY LAWS NECESSARY TO PROTECT PRIVACY, TO
SUPPORT THE STUDY.".
Renumber succeeding subsections accordingly.
Page 52, line 24, strike "2024." and substitute "2024 OBTAINED FROM THE
COLORADO JUDICIAL DEPARTMENT AND TREATMENT PROVIDERS SERVING THE
PROBATION POPULATION.".
Page 53, line 5, strike "18-18-403.5" and substitute "18-18-403.5 (2.5)(a)".
Page 54, line 1, strike "INDIGENT;" and substitute "INDIGENT.".
Page 54, after line 1, insert:
"(3) AT A MINIMUM, THE INDEPENDENT ENTITY SHALL IDENTIFY AND
REPORT FINDINGS BASED ON AVAILABLE DATA AND INFORMATION OBTAINED
FROM THE BEHAVIORAL HEALTH ADMINISTRATION, THE DEPARTMENT OF PUBLIC
HEALTH AND ENVIRONMENT, MANAGED SERVICE ORGANIZATIONS, AND OTHER
APPLICABLE AGENCIES AND TREATMENT PROVIDERS, REGARDING:".
Page 54, line 2, strike "(b)" and substitute "(a)".
Reletter succeeding paragraphs accordingly.
Page 55, line 5, strike "AND".
Page 55, strike line 9 and substitute:
"PROBATION, PAROLE, OR PRETRIAL RELEASE;
(g) THE MANAGED SERVICE ORGANIZATION CONTRACTS DEVELOPED
PURSUANT TO SECTION 27-80-107.8 TO PROVIDE SHORT-TERM RESIDENTIAL
PLACEMENT FOR WITHDRAWAL MANAGEMENT, CRISIS STABILIZATION, OR
MEDICATION-ASSISTED TREATMENT, INCLUDING THE NUMBER OF FACILITIES,
THEIR LOCATION, SERVICES PROVIDED, AND THE NUMBER OF PERSONS SERVED;
AND
(h) THE TRAINING AND COORDINATION EFFORTS DEVELOPED AND
IMPLEMENTED BETWEENMANAGED SERVICE ORGANIZATIONS, FIRST
RESPONDERS, AND REFERRING ENTITIES REGARDING THE AVAILABLE SERVICES
TO BE UTILIZED IN LIEU OF ARREST AND TRANSPORT TO JAIL.
(4) THE INDEPENDENT ENTITY SHALL REQUEST ALL NECESSARY DATA
NECESSARY TO COMPLETE THE STUDY, AND EACH AGENCY OR ORGANIZATION
SHALL ESTABLISH ANY DATA-SHARING AGREEMENT NECESSARY, SUBJECT TO
ALL FEDERAL AND STATE PRIVACY LAWS NECESSARY TO PROTECT PRIVACY, TO
SUPPORT THE STUDY.".
Renumber succeeding subsections accordingly.
Page 58, strike lines 1 through 21 and substitute:
"24-33.5-525. Synthetic opioid poisoning investigation and
distribution interdiction grant program - creation - duties - rules - reports
- appropriation - definition - repeal. (1) THERE IS CREATED IN THE DIVISION
THE SYNTHETIC OPIOID POISONING INVESTIGATION AND DISTRIBUTION
INTERDICTION GRANT PROGRAM, REFERRED TO IN THIS SECTION AS THE "GRANT
PROGRAM", TO PROVIDE GRANTS TO LAW ENFORCEMENT AGENCIES FOR THE
PURPOSE OF INVESTIGATING DEATHS CAUSED BY SYNTHETIC OPIOID POISONING
AND DISRUPTING SYNTHETIC OPIOID SUPPLIES.
(2) A LAW ENFORCEMENT AGENCY MAY APPLY FOR A GRANT FOR THE
FOLLOWING PURPOSES ONLY:
(a) INVESTIGATING DEATHS AND SERIOUS INJURIES CAUSED BY ILLEGAL
SYNTHETIC OPIOID POISONING;
(b) INVESTIGATING, ENFORCING, AND PROSECUTING SYNTHETIC OPIOID
IMPORTATION AND HIGH-LEVEL DISTRIBUTION NETWORKS, INCLUDING
MULTIJURISDICTIONAL AND MULTISTATE INVESTIGATIONS AND ENFORCEMENT
OPERATIONS, TO REDUCE THE SUPPLY OF ILLEGAL SYNTHETIC OPIOIDS AND
PRECURSOR CHEMICALS IN COLORADO;
(c) TECHNOLOGY, EQUIPMENT, AND TRAINING TO ENHANCE
INTELLIGENCE, INFORMATION-SHARING CAPABILITIES, AND INTERAGENCY
COLLABORATION AMONG FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT
PARTNERS REGARDING SYNTHETIC OPIOID IMPORTATION AND HIGH-LEVEL
DISTRIBUTION NETWORKS; AND
(d) ANALYZING EMERGENT TRENDS IN MARKETS, INCLUDING THE USE
OF THE POSTAL SERVICE, PRIVATE COURIER, COMMERCIAL CARGO, AND THE
INTERNET, FOR THE IMPORT AND DISTRIBUTION OF ILLEGAL SYNTHETIC OPIOIDS
THROUGH A SYSTEMATIC AND STANDARDIZED APPROACH, INCLUDING THE USE
OF NOVEL, HIGH-FREQUENCY, AND REAL-TIME SYSTEMS TO ENHANCE MARKET
SURVEILLANCE.".
Page 59, strike lines 1 through 11 and substitute:
"(4) THE DIVISION MAY PROMULGATE SUCH RULES AS MAY BE
NECESSARY TO IMPLEMENT THE GRANT PROGRAM, INCLUDING RULES
CONCERNING REQUIRED PERFORMANCE METRICS, DATA COLLECTION, AND
OTHER RELEVANT INFORMATION THAT GRANTEES ARE REQUIRED TO REPORT
PURSUANT TO SUBSECTION (5) OF THIS SECTION.
(5) (a) ON OR BEFORE AUGUST 1, 2023, AND ON OR BEFORE AUGUST 1
EACH YEAR THEREAFTER, EACH GRANT RECIPIENT THAT RECEIVED A GRANT
THROUGH THE GRANT PROGRAM IN THE PRECEDING STATE FISCAL YEAR SHALL
SUBMIT A NARRATIVE AND FINANCIAL REPORT OF GRANT EXPENSES TO THE
DIVISION IN A FORMAT REQUIRED BY THE DIVISION. AT A MINIMUM, THE REPORT
MUST INCLUDE A DESCRIPTION OF THE USES OF THE GRANT MONEY, INCLUDING
METRICS, DATA, AND OTHER RELEVANT INFORMATION REQUIRED BY THE
DIVISION, DURING THE APPLICABLE GRANT TERM. THE DIVISION MAY
PROMULGATE RULES REGARDING REPORTING REQUIREMENTS, INCLUDING
ADDITIONAL INFORMATION TO BE INCLUDED IN THE REPORT.".
Page 59, after line 18 insert:
"(6) THE DIVISION SHALL CONSULT THE P.O.S.T. BOARD DIRECTOR, OR
THE DIRECTOR'S DESIGNEE, AND THE DEPUTY ATTORNEY GENERAL OF THE
DIVISION OF CRIMINAL JUSTICE WITHIN THE DEPARTMENT OF LAW, CREATED IN
SECTION 24-31-102 (2), CONCERNING THE IMPLEMENTATION OF THIS SECTION,
INCLUDING RECOMMENDATIONS FOR POTENTIAL GRANT RECIPIENTS AND
EXPENDITURES.".
Renumber succeeding subsections accordingly.
Page 60, after line 5 insert:
"SECTION 39. In Colorado Revised Statutes, add 24-31-115 as
follows:
24-31-115. Online fentanyl trafficking - study - report -
appropriation - repeal. (1) THE ATTORNEY GENERAL SHALL STUDY THE USE
OF THE INTERNET, INCLUDING RETAIL, PAYMENT, AND SOCIAL MEDIA
PLATFORMS, FOR THE PURPOSE OF TRAFFICKING FENTANYL, FENTANYL ANALOGS
OR COMPOUNDS THEREOF, SYNTHETIC OPIOIDS, AND COUNTERFEIT PRESCRIPTION
DRUGS.
(2) THE STUDY MUST, AT A MINIMUM:
(a) EXAMINE THE PREVALENCE OF THE AVAILABILITY AND
ACCESSIBILITY FOR FENTANYL, FENTANYL ANALOGS OR COMPOUNDS THEREOF,
SYNTHETIC OPIOIDS, AND COUNTERFEIT PRESCRIPTION DRUGS THROUGH THE
INTERNET;
(b) IDENTIFY WEBSITE POLICIES AND PRACTICES INTENDED TO PREVENT
THE USE OF THE WEBSITE FOR TRAFFICKING FENTANYL, FENTANYL ANALOGS OR
COMPOUNDS THEREOF, SYNTHETIC OPIOIDS, AND COUNTERFEIT PRESCRIPTION
DRUGS;
(c) IDENTIFY LAWS IMPLEMENTED BY OTHER STATES OR THE FEDERAL
GOVERNMENT INTENDED TO PREVENT THE USE OF THE INTERNET FOR
TRAFFICKING FENTANYL, FENTANYL ANALOGS OR COMPOUNDS THEREOF,
SYNTHETIC OPIOIDS, AND COUNTERFEIT PRESCRIPTION DRUGS; AND
(d) EXAMINE ANY OTHER RELEVANT DATA, INFORMATION, OR
RESOURCES, AS DEEMED NECESSARY BY THE DEPARTMENT OF LAW, CONCERNING
THE USE OF THE INTERNET FOR TRAFFICKING FENTANYL, FENTANYL ANALOGS
OR COMPOUNDS THEREOF, SYNTHETIC OPIOIDS, AND COUNTERFEIT PRESCRIPTION
DRUGS.
(3) BY MARCH 1, 2023, THE ATTORNEY GENERAL SHALL COMPLETE AND
PUBLISH A REPORT OF ITS FINDINGS PURSUANT TO SUBSECTION (2) OF THIS
SECTION. THE REPORT MUST ALSO INCLUDE RECOMMENDATIONS FOR POTENTIAL
STATE LEGISLATION:
(a) TO PREVENT THE USE OF THE INTERNET FOR TRAFFICKING,
DISTRIBUTING, OR SUPPLYING FENTANYL, FENTANYL ANALOGS OR COMPOUNDS
THEREOF, SYNTHETIC OPIOIDS, AND COUNTERFEIT PRESCRIPTION DRUGS;
(b) CONCERNING CRIMINAL AND CIVIL LIABILITY FOR THE USE OF THE
INTERNET FOR TRAFFICKING, DISTRIBUTING, OR SUPPLYING FENTANYL,
FENTANYL ANALOGS OR COMPOUNDS THEREOF, SYNTHETIC OPIOIDS, AND
COUNTERFEIT PRESCRIPTION DRUGS;
(c) REGARDING CONSUMER REPORTING MECHANISMS FOR REPORTING
TO LAW ENFORCEMENT OR THE ONLINE PLATFORM THE USE OF A WEBSITE OR
ONLINE ACCOUNT FOR TRAFFICKING FENTANYL, FENTANYL ANALOGS OR
COMPOUNDS THEREOF, SYNTHETIC OPIOIDS, AND COUNTERFEIT PRESCRIPTION
DRUGS; AND
(d) REGARDING ANY OTHER PUBLIC POLICY CHANGES NECESSARY TO
REDUCE OR ELIMINATE THE USE THE INTERNET FOR TRAFFICKING, DISTRIBUTING,
OR SUPPLYING FENTANYL, FENTANYL ANALOGS OR COMPOUNDS THEREOF,
SYNTHETIC OPIOIDS, AND COUNTERFEIT PRESCRIPTION DRUGS.
(4) THE ATTORNEY GENERAL SHALL INVITE THE UNITED STATES
ATTORNEY FOR THE DISTRICT OF COLORADO TO COLLABORATE, CONSULT, OR
PROVIDE ANY AVAILABLE ASSISTANCE IN THE PERFORMANCE OF THE ATTORNEY
GENERAL'S DUTIES PURSUANT TO THIS SECTION.
(5) BY MARCH 1, 2023, THE ATTORNEY GENERAL SHALL SUBMIT THE
COMPLETED REPORT PURSUANT TO SUBSECTION (3) OF THIS SECTIONTO THE
HOUSE OF REPRESENTATIVES AND SENATE JUDICIARY COMMITTEES, OR ANY
SUCCESSOR COMMITTEES.
(6) FOR THE 2022-23 STATE FISCAL YEAR, THE GENERAL ASSEMBLY
SHALL APPROPRIATE AT LEAST ONE HUNDRED FIFTY THOUSAND DOLLARS TO THE
DEPARTMENT OF LAW FOR THE PURPOSES OF THIS SECTION.
(7) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2023.
SECTION 40. In Colorado Revised Statutes, 18-18-204, amend (2)(b)
introductory portion and (2)(b)(V) as follows:
18-18-204. Schedule II. (2) Unless specifically excepted by Colorado
or federal law or Colorado or federal regulation or more specifically included
in another schedule, the following controlled substances are listed in schedule
II:
(b) Any of the following synthetic opiates OPIOIDS, including any
isomers, esters, ethers, salts, and salts of isomers, esters, and ethers of them that
are theoretically possible within the specific chemical designation:
(V) Carfentanal CARFENTANIL;
SECTION 41. In Colorado Revised Statutes, add 27-60-114 as
follows:
27-60-114. Study of health effects of felonizing fentanyl possession
- repeal. (1) NO LATER THAN NOVEMBER 1, 2022, THE OFFICE 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 FENTANYL-RELATED OVERDOSES, BOTH FATAL AND
NONFATAL, AMONG INDIVIDUALS CHARGED WITH A FELONY COMPARED TO
INDIVIDUALS CHARGED WITH MISDEMEANOR PURSUANT TO SECTION 18-18-403.5
(2.5), AND COMPARED TO INDIVIDUALS WITH OPIOID MISUSE OR USE DISORDER
NOT CHARGED WITH CRIMINAL POSSESSION OF OPIOIDS; OR
(II) INCREASED INITIATION AND RETENTION OF EVIDENCE-BASED,
EFFECTIVE TREATMENT FOR INDIVIDUALS CHARGED WITH AN OPIOID USE
DISORDER AMONG INDIVIDUALS CHARGED WITH A FELONY COMPARED TO
INDIVIDUALS CHARGED WITH MISDEMEANOR PURSUANT TO SECTION 18-18-403.5
(2.5), AND COMPARED TO INDIVIDUALS WITH OPIOID MISUSE OR USE DISORDER
WHO WERE NOT CHARGED WITH CRIMINAL POSSESSION OF OPIOIDS;
(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 OPIOID 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 OPIOID USE DISORDER.
(c) WHETHER EFFECTIVE, EVIDENCE-BASED TREATMENT FOR OPIOID 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 OPIOID
DETECTION TESTS, AND OTHER HARM REDUCTION RESOURCES.
(2) (a) THE OFFICE 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 OFFICE
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) OPIOID OVERDOSE DEATH RECORDS, INCLUDING TOXICOLOGY
REPORTS, IF AVAILABLE;
(III) PRESCRIPTION DATA FOR MEDICATION FOR OPIOID 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 OPIOID-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
OFFICE.
(d) NO LATER THAN JANUARY 31, 2025, THE OFFICE SHALL PUBLISH THE
REPORT ON THE OFFICE'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.
(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.
SECTION 42. In Colorado Revised Statutes, 18-19-103, amend
(5)(c)(VI) and (5)(c)(VII); and add (5)(c)(VIII) as follows:
18-19-103. Source of revenues - allocation of money - repeal.
(5) (c) The board may direct that money in the correctional treatment cash fund
may be used for the following purposes:
(VI) Recovery support services, including offender reentry; and
(VII) Administrative support to the correctional treatment board
including, but not limited to, facilitating and coordinating data collection,
conducting data analysis, developing contracts, preparing reports, scheduling
and staffing board and subcommittee meetings, and engaging in budget
planning and analysis; AND
(VIII) (A) THE STUDY OF HEALTH EFFECTS OF FELONIZING FENTANYL
POSSESSION PURSUANT TO SECTION 27-60-114.
(B) THIS SUBSECTION (5)(c)(VIII) IS REPEALED, EFFECTIVE JULY 1,
2025.
SECTION 43. In Colorado Revised Statutes, add 27-50-802, as part
8 of article 50 of title 27 as added by House Bill 22-1278, as follows:
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 FENTANYL-RELATED OVERDOSES, BOTH FATAL AND
NONFATAL, AMONG INDIVIDUALS CHARGED WITH A FELONY COMPARED TO
INDIVIDUALS CHARGED WITH MISDEMEANOR PURSUANT TO SECTION 18-18-403.5
(2.5), AND COMPARED TO INDIVIDUALS WITH OPIOID MISUSE OR USE DISORDER
NOT CHARGED WITH CRIMINAL POSSESSION OF OPIOIDS; OR
(II) INCREASED INITIATION AND RETENTION OF EVIDENCE-BASED,
EFFECTIVE TREATMENT FOR INDIVIDUALS CHARGED WITH AN OPIOID USE
DISORDER AMONG INDIVIDUALS CHARGED WITH A FELONY COMPARED TO
INDIVIDUALS CHARGED WITH MISDEMEANOR PURSUANT TO SECTION 18-18-403.5
(2.5), AND COMPARED TO INDIVIDUALS WITH OPIOID MISUSE OR USE DISORDER
WHO WERE NOT CHARGED WITH CRIMINAL POSSESSION OF OPIOIDS;
(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 OPIOID 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 OPIOID USE DISORDER.
(c) WHETHER EFFECTIVE, EVIDENCE-BASED TREATMENT FOR OPIOID 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 OPIOID
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) OPIOID OVERDOSE DEATH RECORDS, INCLUDING TOXICOLOGY
REPORTS, IF AVAILABLE;
(III) PRESCRIPTION DATA FOR MEDICATION FOR OPIOID 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 OPIOID-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.
SECTION 44. In Colorado Revised Statutes, 18-19-103, amend
(5)(c)(VI) and (5)(c)(VII); and add (5)(c)(VIII) as follows:
18-19-103. Source of revenues - allocation of money - repeal.
(5) (c) The board may direct that money in the correctional treatment cash fund
may be used for the following purposes:
(VI) Recovery support services, including offender reentry; and
(VII) Administrative support to the correctional treatment board
including, but not limited to, facilitating and coordinating data collection,
conducting data analysis, developing contracts, preparing reports, scheduling
and staffing board and subcommittee meetings, and engaging in budget
planning and analysis; AND
(VIII) (A) THE STUDY OF HEALTH EFFECTS OF FELONIZING FENTANYL
POSSESSION PURSUANT TO SECTION 27-50-802.
(B) THIS SUBSECTION (5)(c)(VIII) IS REPEALED, EFFECTIVE JULY 1,
2025.
SECTION 45. In Colorado Revised Statutes, 17-26-104.9, amend (1),
(2), and (3); and add (1.5) and (4) as follows:
17-26-104.9. Opioid treatment for a person in custody - definitions
- repeal. (1) (a) A facility, whether operated by a governmental entity or
private contractor, may make available opioid agonists and opioid antagonists
to a person in custody with an opioid use disorder. The facility is strongly
encouraged to maintain the treatment of the person throughout the duration of
the person's incarceration, as medically necessary.
(b) THIS SUBSECTION (1) IS REPEALED EFFECTIVE JULY 1, 2023.
(1.5) BY JULY 1, 2023, A FACILITY, WHETHER OPERATED BY A
GOVERNMENTAL ENTITY OR PRIVATE CONTRACTOR, SHALL PROVIDE
MEDICATION-ASSISTED TREATMENT, AND OTHER APPROPRIATE WITHDRAWAL
MANAGEMENT CARE TO A PERSON WITH A SUBSTANCE USE DISORDER THROUGH
THE DURATION OF THE PERSON'S INCARCERATION, AS MEDICALLY NECESSARY.
AT A MINIMUM:
(a) THE FACILITY SHALL OFFER OPIOID AGONIST TREATMENT TO A
PERSON IN CUSTODY WITH AN OPIOID USE DISORDER AT INTAKE TO THE FACILITY
OR AT THE REQUEST OF THE PERSON IN CUSTODY. THE FACILITY SHALL ONLY
OFFER OPIOID ANTAGONIST TREATMENT FOR OPIOID USE DISORDER WHEN
SPECIFICALLY REQUESTED BY THE PERSON OR WHEN MEDICALLY NECESSARY.
(b) THE FACILITY SHALL PERFORM A NON-MEDICAL EVALUATION OF THE
PERSON UPON ENTRY INTO CUSTODY AT THE FACILITY FOR SUBSTANCE USE
DISORDER.
(c) IF THE PERSON INDICATES THAT THE PERSON HAS A SUBSTANCE USE
DISORDER, OR THE NON-MEDICAL EVALUATION PERFORMED PURSUANT TO
SUBSECTION (1.5)(b) INDICATES THAT THE PERSON MAY HAVE A SUBSTANCE USE
DISORDER, THE FACILITY SHALL REFER THE PERSON TO THE FACILITY'S MEDICAL
PROVIDER FOR AN EVALUATION, AND SUBSEQUENT DIAGNOSIS, PRESCRIPTION,
OR INDUCTION OF AN OPIOID AGONIST, AS MEDICALLY APPROPRIATE.
(d) THE FACILITY SHALL MAKE AVAILABLE DAILY A QUALIFIED
MEDICATION ADMINISTRATION PERSONNEL.
(e) IF AN INDIVIDUAL IS ADMITTED TO THE JAIL AND HAS A
PRESCRIPTION FOR MEDICATION-ASSISTED TREATMENT, THE JAIL SHALL
CONTINUE THE MEDICATION WITHOUT DELAY.
(2) Qualified medication administration personnel may, in accordance
with a written physician's order, administer opioid agonists and opioid
antagonists pursuant to subsection (1) AND (1.5) of this section.
(3) A facility may contract with community-based health providers,
LOCAL PROVIDERS, OR MOBILE UNIT PROVIDERS for the implementation of this
section.
(4) THE JAIL SHALL PROVIDE THE INDIVIDUAL WITH A REFERRAL TO A
SUBSTANCE USE PROVIDER WITH THE CAPABILITY TO CONTINUE THE
INDIVIDUAL'S MEDICATION-ASSISTED TREATMENT AND THE CARE
COORDINATION INFRASTRUCTURE DESCRIBED IN SECTION 27-60-204 UPON
RELEASE FROM CUSTODY.
SECTION 46. In Colorado Revised Statutes, add 27-60-106.7 as
follows:
27-60-106.7. Technical assistance to jails - appropriation - repeal.
(1) THE OFFICE OF BEHAVIORAL HEALTH SHALL PROVIDE TECHNICAL
ASSISTANCE TO FACILITIES IN MEETING THEIR REQUIREMENTS PURSUANT TO
SECTION 17-26-104.9 (1.5). TECHNICAL ASSISTANCE INCLUDES DEVELOPMENT
AND IMPLEMENTATION OF MEDICATION-ASSISTED TREATMENT, APPROVAL OF
PRESCRIBERS BY THE UNITED STATES DRUG ENFORCEMENT AGENCY, AND OTHER
APPROPRIATE WITHDRAWAL MANAGEMENT CARE, AND ASSISTANCE WITH
IDENTIFYING BULK PURCHASING OPPORTUNITIES FOR NECESSARY SERVICES.
(2) (a) FOR THE 2022-23 STATE FISCAL YEAR, THE GENERAL ASSEMBLY
SHALL APPROPRIATE THREE MILLION DOLLARS FROM THE BEHAVIORAL HEALTH
AND MENTAL HEALTH CASH FUND, CREATED IN SECTION 24-75-230, TO THE
OFFICE OF BEHAVIORAL HEALTH FOR THE PURPOSE OF PROVIDING TECHNICAL
ASSISTANCE TO JAILS WITH MEETING THEIR REQUIREMENTS PURSUANT TO
SECTION 17-26-104.9.
(b) THIS SUBSECTION (2) IS REPEALED, EFFECTIVE JULY 1, 2024.
SECTION 47. In Colorado Revised Statutes, add 27-50-802, as part
8 of article 50 of title 27 as added by House Bill 22-1278, as follows:
27-50-802. Technical assistance to jails - appropriation - repeal.
(1) THE BEHAVIORAL HEALTH ADMINISTRATION SHALL PROVIDE TECHNICAL
ASSISTANCE TO FACILITIES IN MEETING THEIR REQUIREMENTS PURSUANT TO
SECTION 17-26-104.9 (1.5). TECHNICAL ASSISTANCE INCLUDES DEVELOPMENT
AND IMPLEMENTATION OF MEDICATION-ASSISTED TREATMENT, APPROVAL OF
PRESCRIBERS BY THE UNITED STATES DRUG ENFORCEMENT AGENCY, AND OTHER
APPROPRIATE WITHDRAWAL MANAGEMENT CARE, AND ASSISTANCE WITH
IDENTIFYING BULK PURCHASING OPPORTUNITIES FOR NECESSARY SERVICES.
(2) (a) FOR THE 2022-23 STATE FISCAL YEAR, THE GENERAL ASSEMBLY
SHALL APPROPRIATE THREE MILLION DOLLARS FROM THE BEHAVIORAL HEALTH
AND MENTAL HEALTH CASH FUND, CREATED IN SECTION 24-75-230, TO THE
BEHAVIORAL HEALTH ADMINISTRATION FOR THE PURPOSE OF PROVIDING
TECHNICAL ASSISTANCE TO JAILS WITH MEETING THEIR REQUIREMENTS
PURSUANT TO SECTION 17-26-104.9.
(b) THIS SUBSECTION (2) IS REPEALED, EFFECTIVE JULY 1, 2024.
SECTION 48. In Colorado Revised Statutes, add part 14 to article
20.5 of title 25 as follows:
PART 14
OVERDOSE DETECTION MAPPING APPLICATION PROGRAM
25-20.5-1401. Overdose detection mapping application
program. ON OR BEFORE JULY 1, 2023, THE DEPARTMENT SHALL REQUIRE
EMERGENCY MEDICAL SERVICE PROVIDERS, CORONERS, EVERY STATE OR LOCAL
LAW ENFORCEMENT AGENCY AND SHERIFF'S OFFICE IN THE STATE, AND
EMERGENCY DEPARTMENTS TO PARTICIPATE IN THE OVERDOSE DETECTION
MAPPING APPLICATION PROGRAM TO REPORT INCIDENCES OF FATAL AND
NON-FATAL DRUG OVERDOSES AND SYNTHETIC OPIOID POISONINGS.
NOTWITHSTANDING ANY LAW TO THE CONTRARY, LAW ENFORCEMENT SHALL
NOT USE THE OVERDOSE DETECTION MAPPING APPLICATION PROGRAM FOR
WELFARE CHECKS, WARRANT CHECKS, OR CRIMINAL INVESTIGATIONS.
SECTION 49. In Colorado Revised Statutes, add 27-60-114 as
follows:
27-60-115. Colorado overdose prevention review committee -
creation - duties - repeal. (1) ON JULY 1, 2024, THE COLORADO OVERDOSE
PREVENTION REVIEW COMMITTEE IS CREATED IN THE OFFICE, REFERRED TO IN
THIS SECTION AS THE "COMMITTEE", FOR THE PURPOSE
Senate Journal, May 4
After consideration on the merits, the Committee recommends that HB22-1326 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 5, line 14, strike "House Bill 22-___," and
substitute "House Bill 22-1326,".
Page 5 of the bill, line 16, strike "House Bill 22-____" and substitute "House
Bill 22-1326".
Page 6 of the bill, line 7, strike "and (6)" and substitute "(6),".
Page 13 of the bill, line 13, strike "(2.5) and (14) and (10)(a)(V)" and substitute
"(2.5), (10)(a)(V), and (14)".
Page 13 of the bill, line 18, strike "(2)(G)," and substitute "(2)(g),".
Page 21 of the bill, line 6, strike "18-1.3-509" and substitute "18-1.3-510".
Page 21 of the bill, line 8, strike "18-1.3-509" and substitute "18-1.3-510".
Page 21 of the bill, line 10, strike "18-1.3-509." and substitute "18-1.3-510.".
Page 23 of the bill, line 14, strike "18-1.3-509" and substitute "18-1.3-510".
Page 23 of the bill, line 16, strike "18-1.3-509." and substitute "18-1.3-510.".
Page 25 of the bill, line 24, after "(1)(a)(XXI)," insert "(3.5),".
Page 28 of the bill, after line 12 insert:
"(3.5) (a) NOTWITHSTANDING ANY PROVISION OF THIS TITLE 12 OR
RULES IMPLEMENTING THIS TITLE 12, A PRESCRIBER PRESCRIBING OR DISPENSING
AN OPIATE ANTAGONIST IN ACCORDANCE WITH THIS SECTION, OTHER THAN A
PHARMACIST OR OTHER PRESCRIBER PRESCRIBING AND DISPENSING FROM A
PRESCRIPTION DRUG OUTLET OR PHARMACY, IS NOT REQUIRED TO COMPLY WITH
LAWS RELATING TO LABELING, STORAGE, OR RECORD KEEPING FOR THE OPIATE
ANTAGONIST.
(b) A PRESCRIBER PRESCRIBING OR DISPENSING AN OPIATE ANTAGONIST
EXEMPTED FROM LABELING, STORAGE, OR RECORD-KEEPING REQUIREMENTS
PURSUANT TO THIS SUBSECTION (3.5):
(I) DOES NOT ENGAGE IN UNPROFESSIONAL CONDUCT OR IS NOT SUBJECT
TO DISCIPLINE PURSUANT TO SECTION 12-240-121 OR 12-255-120, AS
APPLICABLE; AND
(II) IS NOT SUBJECT TO CIVIL LIABILITY OR CRIMINAL PROSECUTION, AS
SPECIFIED IN SECTION 13-21-108.7 (4) AND 18-1-712 (3), RESPECTIVELY.".
Page 37 of the bill, line 14, after "TESTS." insert "ANY UNEXPENDED MONEY
REMAINING AT THE END OF THE 2022-23 STATE FISCAL YEAR FROM THIS
APPROPRIATION:
(a) DOES NOT REVERT TO THE GENERAL FUND OR ANY OTHER FUND;
(b) MAY BE USED BY THE DEPARTMENT IN THE 2023-24 STATE FISCAL
YEAR WITHOUT FURTHER APPROPRIATION; AND
(c) MUST NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN THE
PURPOSE SET FORTH IN THIS SECTION.".
Page 38 of the bill, line 19, after "18-1-711." insert "ANY UNEXPENDED MONEY
REMAINING AT THE END OF THE 2022-23 STATE FISCAL YEAR FROM THIS
APPROPRIATION:
(a) DOES NOT REVERT TO THE GENERAL FUND OR ANY OTHER FUND;
(b) MAY BE USED BY THE DEPARTMENT IN THE 2023-24 AND 2024-25
STATE FISCAL YEARS WITHOUT FURTHER APPROPRIATION; AND
(c) MUST NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN THE
PURPOSE SET FORTH IN THIS SECTION.".
Page 46 of the bill, line 10, strike "18-1.3-509." and substitute "18-1.3-510.".
Page 46 of the bill, line 25, strike "18-1.3-509." and substitute "18-1.3-510.".
Page 50 of the bill, line 15, strike "18-1.3-509;" and substitute "18-1.3-510;".
Page 53 of the bill, line 25, strike "18-1.3-509;" and substitute "18-1.3-510;".
Page 60 of the bill, after line 5 insert:
"SECTION 39. In Colorado Revised Statutes, amend 25.5-5-509 as
follows:
25.5-5-509. Substance use disorder - prescription drugs - opiate
antagonist. (1) Notwithstanding any provisions of this part 5 to the contrary,
for the treatment of a substance use disorder, in promulgating rules, and subject
to any necessary federal authorization, the state board shall authorize
reimbursement for at least one federal food and drug administration-approved
ready-to-use opioid overdose reversal drug without prior authorization.
(2) (a) AS USED IN THIS SUBSECTION (2), UNLESS THE CONTEXT
OTHERWISE REQUIRES, "OPIATE ANTAGONIST" HAS THE SAME MEANING AS SET
FORTH IN SECTION 12-30-110 (7)(d).
(b) A HOSPITAL OR EMERGENCY DEPARTMENT SHALL RECEIVE
REIMBURSEMENT UNDER THE MEDICAL ASSISTANCE PROGRAM FOR THE COST OF
AN OPIATE ANTAGONIST IF, IN ACCORDANCE WITH SECTION 12-30-110, A
PRESCRIBER, AS DEFINED IN SECTION 12-30-110 (7)(h), DISPENSES AN OPIATE
ANTAGONIST UPON DISCHARGE TO A MEDICAL ASSISTANCE RECIPIENT WHO IS AT
RISK OF EXPERIENCING AN OPIATE-RELATED DRUG OVERDOSE EVENT OR TO A
FAMILY MEMBER, FRIEND, OR OTHER PERSON IN A POSITION TO ASSIST A
MEDICAL ASSISTANCE RECIPIENT WHO IS AT RISK OF EXPERIENCING AN
OPIATE-RELATED DRUG OVERDOSE EVENT.
(c) THE STATE DEPARTMENT SHALL SEEK FEDERAL FINANCIAL
PARTICIPATION FOR THE COST OF REIMBURSEMENT FOR THE OPIATE
ANTAGONIST, BUT SHALL PROVIDE REIMBURSEMENT TO THE HOSPITAL OR
EMERGENCY DEPARTMENT FOR THE OPIATE ANTAGONIST USING STATE MONEY
UNTIL FEDERAL FINANCIAL PARTICIPATION IS AVAILABLE.
SECTION 40. In Colorado Revised Statutes, 27-81-104, amend (1)(q)
and (1)(r); and add (1)(s) as follows:
27-81-104. Duties of the office of behavioral health - review. (1) In
addition to duties prescribed by section 27-80-102, the office of behavioral
health shall:
(q) Encourage all health and disability insurance programs to include
substance use disorders as a covered illness; and
(r) Submit to the governor an annual report covering the activities of the
office of behavioral health; AND
(s) TRAIN EMERGENCY DEPARTMENTS AND CERTIFIED PEACE OFFICERS
IN THE PROCEDURES REQUIRED PURSUANT TO SECTIONS 27-81-111 AND
27-81-112.
SECTION 41. In Colorado Revised Statutes, 27-81-104, amend (1)(q)
and (1)(r); and add (1)(s) as follows:
27-81-104. Duties of the office of behavioral health - review. (1) In
addition to duties prescribed by section 27-80-102, the office of behavioral
health THE BHA shall:
(q) Encourage all health and disability insurance programs to include
substance use disorders as a covered illness; and
(r) Submit to the governor an annual report covering the activities of the
office of behavioral health BHA; AND
(s) TRAIN EMERGENCY DEPARTMENTS AND CERTIFIED PEACE OFFICERS
IN THE PROCEDURES REQUIRED PURSUANT TO SECTIONS 27-81-111 AND
27-81-112.
SECTION 42. In Colorado Revised Statutes, 27-81-112, amend (1) as
follows:
27-81-112. Involuntary commitment of a person with a substance
use disorder. (1) The court may commit a person to the custody of the office
of behavioral health upon the petition of the person's spouse or guardian, a
relative, a physician, an advanced practice nurse, the administrator in charge of
an approved treatment facility, A CERTIFIED PEACE OFFICER, or any other
responsible person. The petition must allege that the person has a substance use
disorder and that the person has threatened or attempted to inflict or inflicted
physical harm on himself or herself THE PERSON'S SELF or on another and that
unless committed, the person is likely to inflict physical harm on himself or
herself THE PERSON'S SELF or on another or that the person is incapacitated by
substances. A refusal to undergo treatment does not constitute evidence of lack
of judgment as to the need for treatment. The petition must be accompanied by
a certificate of a licensed physician who has examined the person within ten
days before submission of the petition, unless the person whose commitment
is sought has refused to submit to a medical examination, in which case the fact
of refusal must be alleged in the petition, or an examination cannot be made of
the person due to the person's condition. The certificate must set forth the
physician's findings in support of the petition's allegations.
SECTION 43. In Colorado Revised Statutes, 27-81-112, amend (1) as
follows:
27-81-112. Involuntary commitment of a person with a substance
use disorder. (1) The court may commit a person to the custody of the office
of behavioral health BHA upon the petition of the person's spouse or guardian,
a relative, a physician, an advanced practice nurse, the administrator in charge
of an approved treatment facility, A CERTIFIED PEACE OFFICER, or any other
responsible person. The petition must allege that the person has a substance use
disorder and that the person has threatened or attempted to inflict or inflicted
physical harm on himself or herself THE PERSON'S SELF or on another and that
unless committed, the person is likely to inflict physical harm on himself or
herself THE PERSON'S SELF or on another or that the person is incapacitated by
substances. A refusal to undergo treatment does not constitute evidence of lack
of judgment as to the need for treatment. The petition must be accompanied by
a certificate of a licensed physician who has examined the person within ten
days before submission of the petition, unless the person whose commitment
is sought has refused to submit to a medical examination, in which case the fact
of refusal must be alleged in the petition, or an examination cannot be made of
the person due to the person's condition. The certificate must set forth the
physician's findings in support of the petition's allegations.".
Renumber succeeding sections accordingly.
Page 60 of the bill, line 15, strike "$4,033,875" and substitute "$14,389,055".
Page 60 of the bill, line 17, strike "$883,875" and substitute "$10,986,092" and
strike "$150,000" and substitute "$402,963".
Page 60 of the bill, line 24, strike "$183,875" and substitute "$286,092".
Page 60 of the bill, line 27, strike "1.8" and substitute "3.6".
Page 61 of the bill, before line 1 insert:
"(b) $10,000,000 from the general fund for treatment and detoxification
programs related to substance use treatment and prevention services pursuant
to section 27-80-107.8 (2), C.R.S.;".
Page 61 of the bill, line 1, strike "(b)" and substitute "(c)".
Page 61 of the bill, after line 3 insert:
"(d) $252,963 from the correctional treatment cash fund created in
section 18-19-103 (4)(a), C.R.S., for a study on the health effects of criminal
penalties related to substance use treatment and prevention services, which
amount is based on an assumption that the administration will require an
additional 0.5 FTE;".
Page 61 of the bill, line 4, strike "(c)" and substitute "(e)".
Page 61 of the bill, line 7, strike "(d)" and substitute "(f)".
Page 61 of the bill, after line 12 insert:
"(2) Pursuant to section 27-80-107.8 (2)(b), C.R.S., any money
appropriated in subsection (1)(b) not expended prior to July 1, 2023, is further
appropriated to the division through June 30, 2025, for the same purpose.".
Page 61 of the bill, line 13, strike "(2)" and substitute "(3)".
Page 61 of the bill, after line 22 insert:
"(4) For the 2022-23 state fiscal year, $150,000 is appropriated to the
department of law for use by administration. This appropriation is from the
general fund. To implement this act, the department may use this appropriation
for operating expenses.".
Page 61 of the bill, strike lines 23 through 27 and substitute
"(5) For the 2022-23 state fiscal year, $5,792,413 is appropriated to the
department of public health and environment for use by the prevention services
division. This appropriation is from the general fund. To implement this act, the
division may use this appropriation for administration as follows:
(a) $112,413 for personal services and related operating expenses,
which amount is based on an assumption that the division will require an
additional 1.5 FTE;
(b) $300,000 for non-laboratory synthetic opiate detection tests pursuant
to section 25-1.5-115.3 (1), C.R.S.;
(c) $5,000,000 for an education campaign pursuant to section 25-1.5-
115.5 (1), C.R.S.;
(d) $50,000 for regional trainings pursuant to section 25-1.5-115.5 (3),
C.R.S.;
(e) $30,000 for website development pursuant to section 25-
25-1.5-115.5 (4), C.R.S.; and
(f) $300,000 for an independent study pursuant to section 25-20.5-1401,
C.R.S.
(6) Any money appropriated in subsection (5)(b) not expended prior to
July 1, 2023, is further appropriated to the division for the 2023-24 state fiscal
year.
(7) Any money appropriated in subsection (5)(c) not expended prior to
July 1, 2023, is further appropriated to the division through June 30, 2025, for
the same purpose.
(8) For the 2022-23 state fiscal year, $7,000,000 is appropriated to the
department of public safety for use by the division of criminal justice. This
appropriation is from the general fund and is based on an assumption that the
division will require an additional 1.8 FTE. To implement this act, the division
may use this appropriation for DCJ administrative services. Any money
appropriated in this subsection (8) not expended prior to July 1, 2023, is further
appropriated to the division for the 2023-2 24 state fiscal year.
(9) For the 2022-23 state fiscal year, $360,000 is appropriated to the
department of health care policy and financing. This appropriation is from the
general fund. To implement this act, the department may use this appropriation
for medical services premiums.".
Page 62 of the bill, strike line 1.
Renumber succeeding subsections accordingly.
Amend the Judiciary Committee Report, dated April 28, 2022, page 3, line 3,
strike ""2024" and substitute ""2024,".
Page 3 of the report, strike line 7, and substitute "(2.5)".".
Page 3 of the report, after line 17, insert:
"Page 50 of the bill, strike lines 26 and 27, and substitute "JAIL;".
Page 51 of the bill, strike line 1.".
Page 4 of the report, line 3, strike ""2024" and substitute ""2024,".
Page 4 of the report, strike line 7 and substitute "(2.5)".".
Page 4 of the report, after line 17, insert:
"Page 54 of the bill, strike lines 9 through 11 and substitute "JAIL;".".
Page 5 of the report, line 4, strike "opioid" and substitute "opiate".
Page 8 of the report, line 2, strike "(2)(b) introductory portion and".
Page 8 of the report, line 7, strike "opiates OPIOIDS," and substitute "opiates,".
Page 8 of the report, line 26, after "DECREASED" insert "OR INCREASED".
Page 8 of the report, strike line 31 and substitute "AND".
Page 8 of the report, line 32, after "INCREASED" insert "OR DECREASED".
Page 9 of the report, line 31, strike "OPIOID" and substitute "OPIATE".
Page 9 of the report, line 38, strike "OPIOID-RELATED" and substitute
"OPIATE-RELATED".
Page 11 of the report, line 8, after "DECREASED" insert "OR INCREASED".
Page 11 of the report, strike line 13 and substitute "AND".
Page 11 of the report, line 14, after "INCREASED" insert "OR DECREASED".
Page 12 of the report, line 12, strike "OPIOID" and substitute "OPIATE".
Page 12 of the report, line 19, strike "OPIOID-RELATED" and substitute
"OPIATE-RELATED".
Page 23 of the report, line 31, strike ""carfentanil benzimidazole opiods,"" and
substitute "carfentanil, benzimidazole opiate,".
Page 23 of the report, lines 33 and 34, strike ""CARFENTANIL BENZIMIDAZOLE
OPIOIDS,"" and substitute ""CARFENTANIL, BENZIMIDAZOLE OPIATE,"".
In the report, strike "OPIOID" and substitute "OPIATE" on: Page 1, lines 5, 8, 15,
and 18; Page 5, lines 7, 11, 12, 16, 18, and 25; Page 8, lines 29, 33, and 36;
Page 9, lines 3, 7, 9, 17, and 33; Page 11, lines 11, 15, 18, 27, 31, 33, and 41;
Page 12, line 14; Page 13, lines 36, 37, and 39 two times; Page 14, line 8; and
Page 15, line 31.
In the report, strike "OPIOIDS" and substitute "OPIATES" on: Page 5, lines 21 and
30; Page 6, lines 27, 32, and 36; Page 7, lines 1, 6, 14, 18, 23, and 28; Page 8,
lines 30 and 38; and Page 11, lines 12 and 20.