Second Regular Session
              Sixty-eighth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 12-0618.01 Jerry Barry x4341    HOUSE BILL 12-1232
                    HOUSE SPONSORSHIP
 Gardner B., 
 
                   SENATE SPONSORSHIP
 Nicholson, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning a limitation on liability for the treatment costs
            of specified health care conditions of a person in
            custody.
       
       
                           Bill Summary
       
            (Note: This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            Current law provides that a person in a county jail is primarily
       responsible for payment for medical care related to a self-inflicted injury
       or for a preexisting medical condition. The bill expands this provision to
       include a person in a municipal jail or in the custody of a county or
       municipal law enforcement agency.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 17-26-104.5, amend
       (2), (3), and (4) as follows:
            17-26-104.5.  Medical visits - charge to persons in custody -
       provider charges - state hospital in Pueblo. (2)  The provisions of this
       section shall apply to any person held in custody in a county or
       municipal jail or who is otherwise in the custody or control of a
       county or municipal law enforcement agency regardless of whether
       the person is a juvenile, is being held prior to trial, or is in custody for
       conviction under a state statute or a county or municipal ordinance.
            (3)  When a person is held in custody in a county or municipal
       jail or is otherwise in the custody or control of a county or
       municipal law enforcement agency, the person shall be is primarily
       responsible for the payment of the cost of medical care provided to the
       person for a self-inflicted injury or a condition that was preexisting prior
       to the person's arrest and shall be charged for the medical care by the
       provider of care. For purposes of this section, "preexisting condition"
       means an illness beginning or an injury sustained before a person is in the
       peaceable custody of the county's or municipality's officers. This
       subsection (3) shall does not apply to care required by the county jail
       pursuant to subsection (1) of this section, care paid for by other entities
       pursuant to section 17-26-120 or 17-26-124, care paid for by any other
       entity, or medical care provided by the Colorado mental health institute
       at Pueblo.
            (4)  A county or municipality may seek payment or
       reimbursement for any medical treatment costs from a person being held
       in custody and receiving such services, except as otherwise provided in
       subsection (1) of this section.
            SECTION 2.  Act subject to petition - effective date. This act
       takes effect at 12:01 a.m. on the day following the expiration of the
       ninety-day period after final adjournment of the general assembly (August
       8, 2012, if adjournment sine die is on May 9, 2012); except that, if a
       referendum petition is filed pursuant to section 1 (3) of article V of the
       state constitution against this act or an item, section, or part of this act
       within such period, then the act, item, section, or part will not take effect
       unless approved by the people at the general election to be held in
       November 2012 and, in such case, will take effect on the date of the
       official declaration of the vote thereon by the governor.