Second Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 14-0135.01 Jane Ritter x4342 HOUSE BILL 14-1253 HOUSE SPONSORSHIP McCann, Kraft-Tharp, Young SENATE SPONSORSHIP Newell, House Committees Senate Committees Health, Insurance, & Environment A BILL FOR AN ACT Concerning implementing the recommendations of the 2013 civil commitment statute review task force. 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.) The bill consolidates administrative provisions related to substance misuse or substance use disorders evaluation and treatment through emergency holds and extended-care certifications into a single statutory article. Currently, provisions for 5-day emergency holds and short-term and long-term certification for alcohol treatment are found in one statutory article, while similar provisions for 5-day emergency holds and short-term and long-term certification for drugs and other substances are found in another statutory article. The bill combines the 2 articles and creates a single process for emergency holds and short-term and long-term treatment for substance misuse and substance use disorders. The bill adds revised definitions for "danger to self or others" and "gravely disabled" as approved by the 2013 civil commitment statute review task force. The option for a jury trial for a certification for either a mental health or substance misuse hold is removed. The term "imminent" is removed from "imminent danger" from the section concerning an emergency hold related to a mental illness. Language is added to encourage treatment facilities to inquire about whether an individual has an advance directive for persons with a behavioral health illness at the time of admission and, if so, to refer to such advance directive and take it into account if medically appropriate. The bill makes conforming amendments. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 27-65-102, repeal and reenact, with amendments, (4.5) as follows: 27-65-102. Definitions. As used in this article, unless the context otherwise requires: (4.5) "Danger to self or others" means: (a) With respect to an individual, that the individual poses a substantial risk of physical harm to himself or herself as manifested by evidence of recent threats of or attempts at suicide or serious bodily harm to himself or herself; or (b) With respect to other persons, that the individual poses a substantial risk of physical harm to another person or persons, as manifested by evidence of recent homicidal or other violent behavior directed towards another person or persons by the individual in question, or by evidence that another person or persons are placed in reasonable fear of violent behavior or serious physical harm, as manifested by a recent overt act, attempt, or threat to do serious physical harm by the individual in question. SECTION 2. In Colorado Revised Statutes, 27-65-102, amend as it will become effective July 1, 2014, (9) as follows: 27-65-102. Definitions. As used in this article, unless the context otherwise requires: (9) (a) "Gravely disabled" means a condition in which a person, as a result of a mental health disorder, is incapable of making informed decisions about or providing for his or her essential needs without significant supervision and assistance from other people. As a result of being incapable of making these informed decisions, a person who is gravely disabled is at risk of substantial bodily harm, dangerous worsening of any concomitant serious physical illness, significant psychiatric deterioration, or mismanagement of his or her essential needs that could result in substantial bodily harm. A person of any age may be "gravely disabled", but such term does not include a person whose decision-making capabilities are limited solely by his or her developmental disability. illness: (I) Is in danger of serious physical harm due to his or her inability or failure to provide himself or herself with the essential human needs of food, clothing, shelter, and medical care; or (II) Lacks judgment in the management of his or her resources and in the conduct of his or her social relations to the extent that his or her health or safety is significantly endangered and lacks the capacity to understand that this is so. (b) A person who, because of care provided by a family member or by an individual with a similar relationship to the person, is not in danger of serious physical harm or is not significantly endangered in accordance with paragraph (a) of this subsection (9) may be deemed "gravely disabled" if there is notice given that the support given by the family member or other individual who has a similar relationship to the person is to be terminated and the individual with a mental illness: (I) Is diagnosed by a professional person as suffering from: Schizophrenia; a major affective disorder; a delusional disorder; or another mental disorder with psychotic features; and (II) Has been certified, pursuant to this article, for treatment of the disorder or has been admitted as an inpatient to a treatment facility for treatment of the disorder at least twice during the last thirty-six months with a period of at least thirty calendar days between certifications or admissions; and (III) Is exhibiting a deteriorating course leading toward danger to self or others or toward the conditions described in paragraph (a) of this subsection (9) with symptoms and behavior that are substantially similar to those that preceded and were associated with his or her hospital admissions or certifications for treatment; and (IV) Is not receiving treatment that is essential for his or her health or safety. (c) A person of any age may be "gravely disabled", but such term shall not include a person whose decision-making capabilities are limited solely by his or her developmental disability. (d) For purposes of paragraph (b) of this subsection (9), an individual with a relationship to a person that is similar to that of a family member shall not include an employee or agent of a boarding home or treatment facility. SECTION 3. In Colorado Revised Statutes, 27-65-102, repeal and reenact, with amendments, (9) as follows: 27-65-102. Definitions. As used in this article, unless the context otherwise requires: (9) (a) "Gravely disabled" means a condition in which a person: (I) Lacks judgment in the management of his or her resources or in the conduct of his or her social relations to the extent that his or her health or safety is significantly endangered; or (II) Is incapable of making informed decisions about, or providing for, his or her essential needs without significant supervision or assistance from other people, does not have, or has lost, or is at risk of losing, necessary care and support without which the person cannot function safely, and, as a result, is at risk of: (A) Substantial bodily harm; (B) Dangerous worsening of any concomitant serious physical illness; (C) Significant deterioration in mental functioning; (D) Mismanagement of his or her essential needs that could result in substantial bodily harm, including but not limited to nourishment, safe shelter, medical needs, and clothing; or (E) Destruction of property that could result in substantial bodily harm. SECTION 4. In Colorado Revised Statutes, 27-65-103, amend (7) (b) and (7) (d) as follows: 27-65-103. Voluntary applications for mental health services. (7) (b) If, twenty-four hours after being informed of the results of the review specified in paragraph (a) of this subsection (7), a minor continues to affirm the objection to hospitalization, the director of the facility, or his or her designee, shall advise the minor shall be advised by the director of the facility or his or her duly appointed representative that the minor that he or she has the right to retain and consult with an attorney at any time and that the director, or his or her duly appointed representative designee, shall file, within three calendar days after the request of the minor, a statement requesting an attorney for the minor or, if the minor is under fifteen years of age, a guardian ad litem. The minor, his or her attorney, if any, and his or her parent, legal guardian, or guardian ad litem, if any, shall also be given written notice that a hearing upon the recommendation for continued hospitalization may be had before the court or a jury upon written request directed to the court pursuant to paragraph (d) of this subsection (7). (d) The minor or his or her attorney or guardian ad litem may, at any time after the minor has continued to affirm his or her objection to hospitalization pursuant to paragraph (b) of this subsection (7), file a written request that the court review the recommendation for continued hospitalization be reviewed by the court or that the treatment be on an outpatient basis. If review is requested, the court shall hear the matter within ten calendar days after the request, and the court shall give notice to the minor, his or her attorney, if any, his or her parents or legal guardian, his or her guardian ad litem, if any, the independent professional person, and the minor's treating team of the time and place thereof. The hearing shall be held in accordance with section 27-65-111; except that the court or jury shall determine that the minor is in need of care and treatment if the court or jury makes the following findings: That the minor has a mental illness and is in need of hospitalization; that a less restrictive treatment alternative is inappropriate or unavailable; and that hospitalization is likely to be beneficial. At the conclusion of the hearing, the court may enter an order confirming the recommendation for continued hospitalization, discharge the minor, or enter any other appropriate order. SECTION 5. In Colorado Revised Statutes, add 27-65-104.5 as follows: 27-65-104.5. Advance directives for persons with behavioral health illnesses. An approved treatment facility is encouraged to inquire whether an individual who is being admitted to the facility pursuant to section 27-65-103, 27-65-105, 27-65-106, 27-65-107, 27-65-108, or 27-65-109 has an advance directive for a person with a behavioral health illness. If the person being admitted has an advance directive for a person with a behavioral health illness, the approved treatment facility shall take the provisions of such advance directive into account in its evaluation and treatment if the provisions are medically appropriate for care. SECTION 6. In Colorado Revised Statutes, 27-65-105, amend (1) (a) (I), (1) (b), and (3) as follows: 27-65-105. Emergency procedure. (1) Emergency procedure may be invoked under either one of the following two conditions: (a) (I) When any person appears to have a mental illness and, as a result of such mental illness, appears to be an imminent a danger to self or others or to himself or herself or appears to be gravely disabled, then a person specified in subparagraph (II) of this paragraph (a), each of whom is referred to in this section as the "intervening professional", upon probable cause and with such assistance as may be required, may take the person into custody, or cause the person to be taken into custody, and placed in a facility designated or approved by the executive director for a seventy-two-hour treatment and evaluation. (b) Upon an affidavit sworn to or affirmed before a judge that relates sufficient facts to establish that a person appears to have a mental illness and, as a result of the mental illness, appears to be an imminent a danger to self or others or to himself or herself or appears to be gravely disabled, the court may order the person described in the affidavit to be taken into custody and placed in a facility designated or approved by the executive director for a seventy-two-hour treatment and evaluation. Whenever in this article a facility is to be designated or approved by the executive director, hospitals, if available, shall be approved or designated in each county before other facilities are approved or designated. Whenever in this article a facility is to be designated or approved by the executive director as a facility for a stated purpose and the facility to be designated or approved is a private facility, the consent of the private facility to the enforcement of standards set by the executive director shall be a prerequisite to the designation or approval. (3) Such facility shall require an application in writing, stating the circumstances under which the person's condition was called to the attention of the intervening professional and further stating sufficient facts, obtained from the personal observations of the intervening professional or obtained from others whom he or she reasonably believes to be reliable, to establish that the person has a mental illness and, as a result of the mental illness, is an imminent a danger to self or others or to himself or herself or is gravely disabled. The application shall indicate when the person was taken into custody and who brought the person's condition to the attention of the intervening professional. A copy of the application shall be furnished to the person being evaluated, and the application shall be retained in accordance with the provisions of section 27-65-121 (4). SECTION 7. In Colorado Revised Statutes, 27-65-107, amend (3) as follows: 27-65-107. Certification for short-term treatment. (3) Within twenty-four hours of certification, copies of the certification shall be personally delivered to the respondent, and a copy shall be kept by the evaluation facility as part of the person's record. The respondent shall also be asked to designate one other person whom he or she wishes informed regarding certification. If he or she is incapable of making such a designation at the time the certification is delivered, he or she shall be asked to designate such person as soon as he or she is capable. In addition to the copy of the certification, the respondent shall be given a written notice that a hearing upon his or her certification for short-term treatment may be had before the court or a jury upon written request directed to the court pursuant to subsection (6) of this section. SECTION 8. In Colorado Revised Statutes, 27-65-109, amend (4) and (5); and repeal (3) as follows: 27-65-109. Long-term care and treatment of persons with mental illness. (3) Within ten days after receipt of the petition, the respondent or his or her attorney may request a jury trial by filing a written request therefor with the court. (4) The court or jury shall determine whether the conditions of subsection (1) of this section are met and whether the respondent has a mental illness and, as a result of the mental illness, is a danger to self or others or to himself or herself or is gravely disabled. The court shall thereupon issue an order of long-term care and treatment for a term not to exceed six months, or it shall discharge the respondent for whom long-term care and treatment was sought, or it shall enter any other appropriate order, subject to available appropriations. An order for long-term care and treatment shall must grant custody of the respondent to the department for placement with an agency or approved treatment facility. designated by the executive director to provide long-term care and treatment. When a petition contains a request that a specific legal disability be imposed or that a specific legal right be deprived, the court may order the disability imposed or the right deprived if it. or a jury has determined that the respondent has a mental illness or is gravely disabled and that, by reason thereof, the person is unable to competently exercise said right or perform the function as to which the disability is sought to be imposed. Any interested person may ask leave of the court to intervene as a copetitioner for the purpose of seeking the imposition of a legal disability or the deprivation of a legal right. (5) An original order of long-term care and treatment or any extension of such order shall expire expires upon the date specified therein, unless further extended as provided in this subsection (5). If an extension is being sought, the professional person in charge of the evaluation and treatment shall certify to the court at least thirty calendar days prior to the expiration date of the order in force that an extension of the order is necessary for the care and treatment of the respondent subject to the order in force, and a copy of the certification shall be delivered to the respondent and simultaneously mailed to his or her attorney of record. At least twenty calendar days before the expiration of the order, the court shall give written notice to the respondent and his or her attorney of record that a hearing upon the extension may be had before the court or a jury upon written request to the court within ten calendar days after receipt of the notice. If no a hearing is not requested by the respondent within such time, the court may proceed ex parte. If a hearing is timely requested, it shall must be held before the expiration date of the order in force. If the court or jury finds that the conditions of subsection (1) of this section continue to be met and that the respondent has a mental illness and, as a result of the mental illness, is a danger to self or others or to himself or herself or is gravely disabled, the court shall issue an extension of the order. Any extension shall be for a period of not more than six months, but there may be as many extensions as the court orders pursuant to this section. SECTION 9. In Colorado Revised Statutes, 27-65-111, amend (1) as follows: 27-65-111. Hearing procedures - jurisdiction. (1) Hearings A hearing before the court under pursuant to section 27-65-107, 27-65-108, or 27-65-109 shall must be conducted in the same manner as other civil proceedings before the court. The burden of proof shall be is upon the person or facility seeking to detain the respondent. The court or jury shall determine that the respondent is in need of care and treatment only if the court or jury finds by clear and convincing evidence that the person has a mental illness and, as a result of the mental illness, is a danger to others or to himself or herself or is gravely disabled. Additionally, based on the totality of the evidence presented, the court shall consider the testimony regarding a respondent's potential for danger, taking into account such factors as how recent the incidents were, how severe the events were, and any known correlation between the occurrence of events and whether the individual was participating in treatment at the time of the events. SECTION 10. In Colorado Revised Statutes, 27-65-127, amend (4) introductory portion; and repeal (4) (c) as follows: 27-65-127. Imposition of legal disability - deprivation of legal right - restoration. (4) Whenever any proceedings are instituted or conducted pursuant to this section, the following procedures shall apply: (c) Upon demand made at least five days prior to the date of hearing, the respondent shall have the right to a trial of all issues by a jury of six. SECTION 11. In Colorado Revised Statutes, repeal and reenact, with amendments, 27-80-101 as follows: 27-80-101. Definitions. As used in this article, unless the context otherwise requires: (1) "Approved treatment facility" means a treatment facility approved by or operating under the direction and control of the unit or providing treatment pursuant to this article through a contract with the unit and meeting the standards prescribed in and approved pursuant to section 27-80-108.5. (2) "Department" means the department of human services created in section 26-1-105, C.R.S. (3) "Designated service area" means the geographical substate planning area specified by the director to be served by a designated managed service organization, as described in section 27-80-107. (4) "Director" means the director of the unit in the department that administers behavioral health programs and services, including those related to mental health and substance misuse. (5) "Executive director" means the executive director of the department of human services. (6) "Fetal alcohol spectrum disorder" or "FASD" means a continuum of permanent birth defects caused by maternal consumption of alcohol during pregnancy. "FASD" includes, but is not limited to, fetal alcohol syndrome. (7) "Public program" means a program concerning the problems of alcohol or drug misuse that is sponsored by a county, district, or municipal public health agency, county department of social services, court, probation department, law enforcement agency, school, school system, board of cooperative services, Indian tribal reservation, or state agency. "Public program" includes any alcohol or drug misuse treatment program required as a condition of probation pursuant to part 2 of article 11 of title 16, C.R.S., any alcohol or drug misuse program administered by the division of adult parole pursuant to article 2 of title 17, C.R.S., any community correctional facility or program administered pursuant to article 27 of title 17, C.R.S., and any alcohol or drug misuse treatment program administered by the division of youth corrections pursuant to title 19, C.R.S. (8) "State board" means the state board of human services created in section 26-1-107, C.R.S. (9) "Substance" means a controlled substance as defined in section 18-18-102 (5), C.R.S., toxic vapors, alcohol, or any other chemical that causes an altered mental state. (10) "Substance use disorder" means a disorder in which the misuse of one or more substances leads to clinically significant distress or impairment in social or occupational functioning. (11) "Unit" means the unit in the department that administers behavioral health programs and services, including those related to mental health and substance misuse. SECTION 12. In Colorado Revised Statutes, amend 27-80-102 as follows: 27-80-102. Duties of the unit. (1) The unit shall formulate a comprehensive state plan for alcohol and drug abuse substance use disorder programs. The state plan shall must be submitted to the governor and, upon his or her approval, shall must be submitted to the appropriate United States agency for review and approval. The state plan shall must include, but not be limited to: (a) A survey of the need for the prevention and treatment of alcohol and drug abuse substance misuse and substance use disorders, including a survey of the health facilities needed to provide services and a plan for the development and distribution of facilities and programs throughout the state; (b) A plan for programs to educate the public in the problems of alcohol and drug abuse substance misuse and substance use disorders; (c) A survey of the need for trained teachers, health professionals, and others involved in the prevention and treatment of alcohol and drug abuse substance misuse and substance use disorders and the rehabilitation of abusers persons who misuse substances or have a substance use disorder, and a plan to provide the necessary training for such persons; (d) Provisions for the periodic an annual review and updating update of the state plan. which shall take place at least annually. (2) The department, acting by and through the unit, is designated as the sole state agency for the supervision of the administration of the state plan. (3) [Similar to 27-81-104.] In addition, the unit shall: (a) In cooperation with public and private agencies, organizations, and individuals, develop, encourage, and foster statewide, regional, and local plans and programs for the prevention and treatment of substance misuse and substance use disorders and provide technical assistance and consultation services for these purposes; (b) Coordinate the efforts and enlist the assistance of all public and private agencies, organizations, and individuals interested in the prevention and treatment of substance misuse and substance use disorders; (c) Utilize community mental health centers and clinics whenever feasible; (d) Cooperate with the department of corrections to establish and conduct programs for the prevention and treatment of substance misuse and substance use disorders in appropriate agencies and institutions and for persons who misuse substances or who have a substance use disorder who are in or are on parole from correctional institutions. The unit shall further cooperate with the department of corrections in carrying out the duties specified in paragraphs (i) and (k) of this subsection (3). (e) Cooperate with the department of education, schools, police departments, courts, and other public and private agencies, organizations, and individuals to prepare curriculum materials and establish programs for the prevention and treatment of substance misuse and substance use disorders at all levels of school; (f) Prepare, publish, evaluate, and disseminate educational materials discussing the nature and effects of substance misuse and substance use disorders; (g) Develop and implement, as an integral part of treatment programs, an educational program for use in the treatment of substance use disorders. The educational program must include the dissemination of information concerning the nature and effects of substance misuse and substance use disorders. (h) Organize and foster training programs for all persons engaged in the prevention and treatment of substance misuse and substance use disorders; (i) Sponsor and encourage research into the causes and nature of substance use disorders and the treatment of substance use disorders. The unit shall additionally serve as a clearinghouse for information related to substance use disorders. (j) Specify uniform methods for keeping statistical information by public and private agencies, organizations, and individuals, and collect and make available relevant statistical information concerning substance use disorders, including the number of persons treated, frequency of admission and readmission, and frequency and duration of treatment; (k) Review all state health, welfare, and treatment plans to be submitted for federal funding under federal legislation and advise the governor on provisions to be included relating to substance use disorders; (l) Assist in the development of, and cooperate with, substance use disorder education and treatment programs for state and local government employees and businesses and industries throughout the state; (m) Utilize the support and assistance of interested persons in the community, particularly persons in recovery from substance use disorders, to encourage other persons with substance use disorders to voluntarily seek and obtain treatment; (n) Cooperate with the department of transportation to establish and conduct programs designed to deal with the problem of persons operating motor vehicles while intoxicated, impaired by, or under the influence of substances; (o) Encourage general hospitals and other appropriate health facilities to admit, when clinically indicated, persons with substance use disorders and to provide them with adequate and appropriate treatment; (p) Encourage all health and disability insurance programs to include substance use disorders as a covered illness; and (q) Submit an annual report to the governor detailing the activities of the unit. SECTION 13. In Colorado Revised Statutes, add with amended and relocated provisions 27-80-102.3 as follows: 27-80-102.3. [Formerly 27-81-103.] Powers of the unit. (1) To carry out the purposes of this article, the unit may: (a) Plan, establish, and maintain treatment programs as necessary or desirable; (b) Make contracts necessary or incidental to the performance of its duties and the execution of its powers, including contracts with public and private agencies, organizations, and individuals to pay them for services rendered or furnished to alcoholics or intoxicated persons with a substance use disorder; (c) Solicit and accept for use any gift of money or property made by will or otherwise and any grant of money, services, or property from the federal government, the state, or any political subdivision thereof or any private source, and do all things necessary to cooperate with the federal government or any of its agencies in making an application for any grant; (d) Administer or supervise the administration of the provisions relating to alcoholics and intoxicated persons with substance use disorders of any state plan submitted for federal funding pursuant to federal health, welfare, or treatment legislation; (e) Coordinate its activities and cooperate with alcoholism substance use disorder programs in this state and other states and make contracts and other joint or cooperative arrangements with state, local, or private agencies in this state and other states for the treatment of alcoholics and intoxicated persons with substance use disorders and for the common advancement of alcoholism substance use disorder programs; (f) Keep records and engage in research and the gathering of relevant statistics; (g) Do other acts and things necessary or convenient to execute the authority expressly granted to it; and (h) Acquire, hold, or dispose of real property, or any interest therein, and construct, lease, or otherwise provide treatment facilities for alcoholics and intoxicated persons with substance use disorders. SECTION 14. In Colorado Revised Statutes, 27-80-103, amend (2) (c), (2) (d), (2) (e), and (2) (g) as follows: 27-80-103. Grants for public programs. (2) A public program may provide, but need not be limited to, any of the following: (c) Education and counseling regarding the use and abuse of alcohol and drugs substance misuse and substance use disorders; (d) Programs for prevention of alcohol and drug abuse substance misuse and substance use disorders; (e) Training of teachers, health professionals, and others in the field of alcohol and drug abuse and addiction counseling substance misuse and substance use disorders; (g) Services to pregnant women who are alcohol and drug dependent are impacted by substance misuse or substance use disorders through demonstration and evaluation projects. SECTION 15. In Colorado Revised Statutes, 27-80-104, amend (1) (c) as follows: 27-80-104. Cancellation of grants. (1) The unit may cancel any grant for any public program for any of the following reasons: (c) The public program does not meet the standards or requirements adopted by the department or does not conform to the comprehensive state plan for alcohol and drug abuse substance misuse or substance use disorder programs. SECTION 16. In Colorado Revised Statutes, amend 27-80-106 as follows: 27-80-106. Purchase of prevention and treatment services. (1) Using funds appropriated for purposes of this section or available from any other governmental or private source, the unit may purchase services for prevention or for treatment of alcohol and drug abuse substance misuse or substance use disorders or both types of services on a contract basis from any tribal nation or any public or private agency, organization, or institution approved by the unit. The services purchased may be any of those which may be provided through a public program, as set forth in section 27-80-103 (2). In contracting for services, the unit shall attempt to obtain services that are in addition to, and not a duplication of, existing available services or services that are of a pilot or demonstration nature. Any agency operating a public program may also purchase such services on a contract basis. (2) (a) In addition to the services purchased pursuant to subsection (1) of this section, using funds appropriated for purposes of this section or available from any other governmental or private source, the unit may purchase services for the treatment of alcohol and drug abuse substance misuse or substance use disorders on a contract basis from a designated managed service organization for a designated service area as set forth in section 27-80-107. A public or private agency, organization, or institution approved by the unit through the process set forth in section 27-80-107 may be designated as a designated managed service organization. (b) Designated managed service organizations receiving funds pursuant to this subsection (2) shall comply with all relevant provisions of this article and the rules promulgated thereunder. SECTION 17. In Colorado Revised Statutes, 27-80-107, amend (1), (3), (5), (6), and (7) as follows: 27-80-107. Designation of managed service organizations - purchase of services - revocation of designation. (1) The director of the unit shall establish designated service areas for the provision of treatment services for alcohol and drug abuse substance use disorders in a particular geographical region of the state. (3) The designation of a managed service organization by the director of the unit as described in subsection (2) of this section shall be is considered an initial decision of the department which may be reviewed by the executive director in accordance with the provisions of section 24-4-105, C.R.S. Review by the executive director in accordance with section 24-4-105, C.R.S., shall constitute constitutes final agency action for purposes of judicial review. (5) The contract may include a provisional designation for ninety calendar days. At the conclusion of the ninety-day provisional period, the director of the unit may choose to revoke the contract or, subject to meeting the terms and conditions specified in the contract, may choose to extend the contract for a stated time period. (6) A managed service organization that is designated to serve a designated service area may subcontract with a network of service providers to provide treatment services for alcohol and drug abuse substance use disorders within the particular designated service area. (7) (a) The director of the unit may revoke the designation of a designated managed service organization upon a finding that the managed service organization is in violation of the performance of the provisions of this article or the rules promulgated thereunder such or violations of any conditions of the contract. The revocation shall must conform to the provisions and procedures specified in article 4 of title 24, C.R.S., and shall can be made only after notice and an opportunity for a hearing is provided as specified in that article. A hearing to revoke a designation as a designated managed service organization shall constitute constitutes final agency action for purposes of judicial review. (b) Once a designation has been revoked pursuant to paragraph (a) of this subsection (7), the director of the unit may designate one or more service providers to provide the treatment services pending designation of a new designated managed service organization or may enter into contracts with subcontractors to provide the treatment services. (c) From time to time, the director of the unit may solicit applications from applicants for managed service organization designation to provide treatment services for a specified planning area or areas. SECTION 18. In Colorado Revised Statutes, 27-80-108, amend (1) introductory portion, (1) (d), and (1) (f); and add (2) and (3) as follows: 27-80-108. Rules. (1) The state board of human services, created in section 26-1-107, C.R.S., has the power to promulgate rules governing the provisions of this article. Such The rules may include, but shall are not be limited to: (d) Requirements for managed service organizations that are designated by the director of the unit to provide services in a designated service area under pursuant to section 27-80-106; (2); (f) Any rules that are necessary to carry out the purposes of the treatment program for high-risk pregnant women that is created pursuant to section 27-80-112 section 27-80-118. (2) [Similar to 27-81-108 and 27-82-104.] The state board shall additionally adopt, amend, and repeal rules for the acceptance of persons into a treatment program pursuant to article 81 of this title for the purpose of early and effective treatment of substance use disorders. In promulgating the rules, the state board shall use the following standards: (a) Whenever possible, an individual must be treated on a voluntary rather than involuntary basis; (b) An individual must be initially assigned or transferred to an approved outpatient or intermediate treatment facility unless a professional person finds that he or she requires inpatient or residential treatment; (c) An individual must not be denied treatment solely because he or she has withdrawn from treatment against medical advice on a prior occasion or because he or she has relapsed after prior treatment; (d) An individual treatment plan must be prepared and maintained on a current basis for each individual receiving treatment; and (e) The approved treatment facility shall make provisions for a continuum of coordinated treatment services for individuals upon their release from treatment so that an individual who leaves a facility or a form of treatment is aware of and has other appropriate treatment available. (3) The state board shall adopt rules establishing a standardized ability-to-pay schedule, under which those with sufficient financial ability are required to pay the full cost of services provided and those who are without sufficient financial ability are provided appropriate treatment at reduced charge. The ability-to-pay schedule must take into consideration the income, including government assistance programs, savings, and other personal and real property of the individual required to pay, and any support the individual is required by law to pay to another individual. SECTION 19. In Colorado Revised Statutes, add with amended and relocated provisions 27-80-108.5 as follows: 27-80-108.5. [Formerly 27-81-105.] Comprehensive program for treatment - approved treatment facilities. (1) The unit shall establish a comprehensive and coordinated program for the treatment of alcoholics and intoxicated persons with substance use disorders. (2) Insofar as funds available to the unit will permit, Subject to available appropriations, the program established in subsection (1) of this section shall must include all of the following: (a) Emergency treatment; (b) Inpatient treatment; (c) Intermediate treatment; and (d) Outpatient and follow-up treatment. (3) The unit shall provide for adequate and appropriate treatment for alcoholics and intoxicated persons with substance use disorders admitted under sections 27-81-109 to 27-81-112 for treatment pursuant to sections 27-81-110 to 27-81-112.3. Except as otherwise provided in section 27-81-111, treatment may not be provided at a correctional institution except for inmates. (4) The unit shall maintain, supervise, and control all approved treatment facilities operated by it subject to policies of the department subject to department policies. The administrator of each approved treatment facility shall make an annual report of its activities to the director in the form and manner the director specifies as specified by the director. (5) All appropriate public and private resources shall must be coordinated with and utilized in the program if possible. (6) The director shall prepare, publish, and distribute annually a list of all approved public and private treatment facilities. (7) The unit may contract for the use of any facility as an approved public treatment facility if the director, subject to the policies of the department policies, considers this to be an effective and economical course to follow. SECTION 20. In Colorado Revised Statutes, add 27-80-109.5 as follows: 27-80-109.5. [Similar to 27-81-106 and 27-82-103.] Standards for approved treatment facilities - fees - enforcement procedures - penalties. (1) In accordance with the provisions of this article, the unit shall establish standards for approved treatment facilities that receive public funds. The standards must be met for a treatment facility to be approved by the unit. The unit shall fix the fees for required inspections. The fees charged to approved treatment facilities that provide level I and level II programs as provided for in section 42-4-1301.3 (3) (c) (IV), C.R.S., must be transmitted to the state treasurer, who shall credit the fees to the alcohol and drug driving safety program fund created in section 42-4-1301.3 (4) (a), C.R.S. The standards may concern only the health standards to be met and standards of treatment to be afforded patients and must reflect the success criteria established by the general assembly. (2) The unit shall periodically inspect approved treatment facilities at reasonable times and in a reasonable manner. (3) The unit shall maintain a list of approved treatment facilities. (4) Each approved treatment facility shall file with the unit, on request, data, statistics, schedules, and information the unit reasonably requires. An approved treatment facility that fails without good cause to furnish data, statistics, schedules, or information, as requested, or files fraudulent returns thereof must be removed from the list of approved treatment facilities. (5) The unit, after hearing, may suspend, revoke, limit, restrict, or refuse to grant an approval for failure to meet its standards. (6) The district court may restrain any violation of, review any denial, restriction, or revocation of approval under, and grant other relief required to enforce the provisions of this section. (7) Upon petition of the unit and after a hearing held upon reasonable notice to the facility, the district court may issue a warrant to an officer or employee of the unit authorizing him or her to enter and inspect at reasonable times, and examine the books and accounts of, any approved treatment facility refusing to consent to inspection or examination by the unit or which the unit has reasonable cause to believe is operating in violation of this article. SECTION 21. In Colorado Revised Statutes, add 27-80-110.5 as follows: 27-80-110.5. [Similar to 27-81-107.] Compliance with local government zoning regulations - notice to local governments - provisional approval. (1) The unit shall require any residential treatment facility seeking to become an approved treatment facility pursuant to this article to comply with applicable zoning regulations of the municipality, city and county, or county where the facility is situated. Failure to comply with applicable zoning regulations constitutes grounds for the denial of approval of a facility. (2) The unit shall provide timely written notice to the municipality, city and county, or county where a residential treatment facility is situated, including the address of the facility and the population and number of persons to be served by the facility, when any of the following occurs: (a) A residential treatment facility applies for approval pursuant to section 27-80-109.5; (b) Approval is granted to a residential treatment facility pursuant to section 27-80-109.5; or (c) A change in the approval status of a residential treatment facility occurs. (3) In the event of a zoning or other delay or dispute between a residential treatment facility and the municipality, city and county, or county where the facility is situated, the unit may grant provisional approval of the facility for up to one hundred twenty calendar days pending resolution of the delay or dispute. SECTION 22. In Colorado Revised Statutes, add 27-80-111.5 as follows: 27-80-111.5. [Similar to 27-81-116 and 27-82-111.] Payment for treatment - financial ability of patients. (1) If treatment is provided to an individual by an approved treatment facility and the individual, including an individual certified for treatment pursuant to section 27-81-111, 27-81-111.3, 27-81-112, or 27-81-112.3, has not paid the charges incurred, the approved treatment facility is entitled to any payment received by the individual or to which he or she may be entitled because of the services rendered and from any public or private source available to the approved treatment facility because of the treatment provided to the individual. The approved treatment facility may seek and obtain a judgment in an appropriate court for any unpaid fees or charges. (2) An individual in an approved treatment facility, or the estate of the individual, or an individual obligated to provide for the cost of treatment and having sufficient financial ability is liable to the approved treatment facility for the cost of treatment of the individual therein in accordance with established rates. The approved treatment facility may seek and obtain a judgment in an appropriate court for any unpaid fees or charges. (3) Nothing in this section prohibits an approved treatment facility from charging a minimal fee for therapeutic services. SECTION 23. In Colorado Revised Statutes, add with amended and relocated provisions 27-80-112.5 as follows: 27-80-112.5. Criminal laws - limitations. (1) [Similar to 27-81-117 (3).] Nothing in this article affects any law, ordinance, resolution, or rule against driving under the influence of substances or other similar offenses involving the operation of a vehicle, an aircraft, a boat, machinery, or any other equipment. (2) Nothing in this article affects any law, ordinance, resolution, or rule against the sale, purchase, possession, or use of substances, or dispensing, possessing, or using alcoholic beverages at stated times and places or by a particular class of persons. (3) [Formerly 27-82-112 (2).] The fact that a person is under the influence of or incapacitated by drugs shall substances does not prevent his or her arrest or prosecution for the commission of any a criminal act or conduct. (4) [Formerly 27-82-112 (3).] Nothing in this article shall be construed as a limitation upon the right of a police officer to make an otherwise legal arrest, notwithstanding the fact that the arrested person may be under the influence of or incapacitated by drugs substances. SECTION 24. In Colorado Revised Statutes, add with amended and relocated provisions 27-80-113.5 as follows: 27-80-113.5. [Formerly 27-82-113.] Limitations on services and programs provided - available funds. (1) The level of services provided and the scope of programs administered by the unit that relate to drug abuse prevention, education, and treatment, education about, and the prevention and treatment of substance use disorders, including the number of clients served in treatment programs, shall be subject to the moneys available to the unit for such purposes. (2) The department is authorized to accept, on behalf of the state of Colorado, and expend any grants of federal funds for all or any purposes of this article. SECTION 25. In Colorado Revised Statutes, add with amended and relocated provisions 27-80-114.5 as follows: 27-80-114.5. [Formerly 27-80-109.] Coordination of state and federal funds and programs. (1) All requests for state appropriations for alcohol and drug abuse substance use disorders programs shall be submitted to the unit and the office of state planning and budgeting on dates specified by the unit consistent with requirements and procedures of the office of state planning and budgeting. After studying each request, the unit shall make a report thereon, with its comments and recommendations, including priorities for appropriations and a statement as to whether the requested appropriation would be consistent with the comprehensive state plan for alcohol and drug abuse programs developed pursuant to section 27-80-102 (1) for substance use disorders programs. The reports of the unit shall be submitted to the governor, the office of state planning and budgeting, and the joint budget committee, together with all pertinent material on which the recommendations of the unit are based. (2) The unit shall also review applications for federal grants for alcohol and drug abuse substance use disorders programs submitted by any department or agency of state government, by any political subdivision of the state, by any Indian tribal reservation, or by any other public or private agency, organization, or institution. The unit shall transmit to the division of planning and to the appropriate United States agency its comments and recommendations, together with a statement as to whether the grant would be consistent with the comprehensive state plan for alcohol and drug abuse developed pursuant to section 27-80-102 (1) for substance use disorders programs. SECTION 26. In Colorado Revised Statutes, add with amended and relocated provisions 27-80-115.5 as follows: 27-80-115.5. [Formerly 27-80-110.] Reports. The unit shall submit a report not later than on or before November 1 of each year to the health and human services committees committee of the senate and the public health care and human services committee of the house of representatives, or any successor committees, on the costs and effectiveness of alcohol and drug abuse substance use disorders programs in this state and on recommended legislation in the field of alcohol and drug abuse substance use disorders. SECTION 27. In Colorado Revised Statutes, add with amended and relocated provisions 27-80-116.5 as follows: 27-80-116.5. [Formerly 27-80-111.] Addiction counselor training - fund created. (1) The executive director state board shall establish by rule fees to be charged for addiction counselor training. The amount assessed shall be sufficient to cover a portion of the costs of administering such the training, and the moneys collected therefor shall be deposited in the addiction counselor training fund created in subsection (2) of this section. Additional funding may be obtained from general, cash, or federal funds otherwise appropriated to the unit. (2) There is hereby created in the office of the state treasurer the addiction counselor training fund, referred to in this section as the "fund". Moneys collected pursuant to subsection (1) of this section shall be deposited in the fund. The moneys in the fund shall be subject to annual appropriation by the general assembly to the department for allocation to the unit for the administration of addiction counselor training requirements established by rules of the state board of human services pursuant to section 27-80-108. (1) (e). Moneys in the fund at the end of the fiscal year shall remain in the fund and shall not revert to the general fund. SECTION 28. In Colorado Revised Statutes, add with amended and relocated provisions 27-80-118 as follows: 27-80-118. [Formerly 27-80-112.] Treatment program for high-risk pregnant women - creation. (1) The general assembly hereby finds and declares that: (a) The health and well-being of the women of Colorado who misuse substances or have a substance use disorder is at risk; that such women are at risk of poor birth outcomes or physical and other disabilities due to substance abuse, which is the abuse of alcohol and drugs, misuse or substance use disorders during the prenatal period; that (b) Early identification of such high-risk pregnant women and substance abuse treatment for substance use disorders greatly reduce the occurrence of poor birth outcomes; and that (c) The citizens of Colorado will greatly benefit from a program to reduce poor birth outcomes and subsequent problems resulting from such poor birth outcomes in cases involving high-risk pregnant women through the cost savings envisioned by the prevention and early treatment of such problems substance misuse and substance use disorders. (2) In recognition of such problems the problem, there is hereby created a treatment program for high-risk pregnant women who misuse substances or who have substance use disorders. SECTION 29. In Colorado Revised Statutes, add 27-80-119 as follows: 27-80-119. [Similar to 27-80-113.] Alcohol and drug addiction counseling and treatment - necessary components. An entity that qualifies to provide services pursuant to section 25.5-5-202 (1) (r), C.R.S., in regard to the treatment program for high-risk pregnant women, shall make available the following, in addition to alcohol, drug, and addiction counseling and treatment: Risk assessment services; care coordination; nutrition assessment; psychosocial counseling; intensive health education, including but not limited to parenting education and education on risk factors and appropriate health behaviors; home visits; transportation services; and other services deemed necessary by the unit and the department of health care policy and financing. SECTION 30. In Colorado Revised Statutes, add with relocated provisions 27-80-120 as follows: 27-80-120. [Formerly 27-80-114.] Treatment program for high-risk pregnant women - cooperation with private entities. The department of health care policy and financing shall cooperate with any private entities that desire to assist the department of health care policy and financing in the provision of services connected with the treatment program for high-risk pregnant women. Private entities may provide services that are not provided to persons pursuant to the treatment program for high-risk pregnant women, article 2 of title 26, C.R.S., and articles 4, 5, and 6 of title 25.5, C.R.S., which may include, but shall not be limited to, needs assessment services, preventive services, rehabilitative services, care coordination, nutrition assessment, psychosocial counseling, intensive health education, home visits, transportation, development of provider training, child care, and other necessary components of residential or outpatient treatment or care. SECTION 31. In Colorado Revised Statutes, add with amended and relocated provisions 27-80-121 as follows: 27-80-121. [Formerly 27-80-115.] Treatment program for high-risk pregnant women - data collection. The department of health care policy and financing shall create a data collection mechanism regarding persons receiving services pursuant to the treatment program for high-risk pregnant women, which shall include the collection of including data on collection related to cost-effectiveness, success of the program, and other data the department of health care policy and financing deems appropriate. SECTION 32. In Colorado Revised Statutes, add with amended and relocated provisions 27-80-122 as follows: 27-80-122. [Formerly 27-80-116.] Fetal alcohol spectrum disorders - legislative declaration - health warning signs - commission - repeal. (1) The general assembly hereby finds and declares that: (a) Fetal alcohol exposure is the leading known cause of preventable intellectual and developmental disabilities and birth defects in the children of this state; (b) Individuals with undiagnosed fetal alcohol spectrum disorders suffer substantially from secondary issues such as child abuse and neglect, separation from families, multiple foster placements, depression, aggression, school failure, juvenile detention, and job instability; (b.5) (c) Compared to individuals diagnosed before age twelve, individuals with undiagnosed FASD are two to four times more likely to suffer from inappropriate sexual behavior, disrupted school experiences, trouble with the law, drug and alcohol problems substance misuse and substance use disorders, or confinement in a jail, mental hospital, or drug and alcohol a substance use disorder treatment facility; (c) (d) These secondary disabilities come at a high cost to individuals, their families, and society; (d) (e) A survey performed in 2006 by the Colorado pregnancy risk assessment system estimated that eleven and two-tenths percent of women in Colorado said that they drank alcohol during the last three months of their pregnancy; and (e) (f) The commission should evaluate the current use and distribution of written and electronic informational materials designed to increase awareness of the consequences of drinking alcohol while pregnant and should investigate additional means by which such written and electronic materials might best be used. (2) The general assembly therefore declares that fetal alcohol exposure and its related problems can be reduced substantially by a greater awareness of the consequences of drinking alcohol while pregnant and by early diagnosis and receipt of appropriate and effective intervention. (3) Each person licensed pursuant to section 12-47-401 (1) (h) to (1) (t), C.R.S., to sell malt, vinous, and spirituous liquors or licensed pursuant to section 12-46-104 (1) (c), C.R.S., to sell fermented malt beverages is hereby encouraged to post a health warning sign pursuant to paragraph (c) of subsection (4) of this section, informing patrons that the consumption of alcohol during pregnancy may cause birth defects, including fetal alcohol spectrum disorders. (4) (a) There is hereby created the fetal alcohol spectrum disorders commission, referred to in this section as the "commission". The commission is created as a temporary commission under section 22 of article IV of the state constitution. The commission shall be is composed of no more than twelve members. On or before August 30, 2009, the executive director, in consultation with a nonprofit organization that works with FASD issues, shall appoint the commission members with the goal of selecting The commission must include a broad representation of individuals working in the field of FASD. The commission shall include representation from FASD, including the following areas and groups in any combination the executive director deems appropriate: (I) Pediatrics; (II) Family physicians; (III) Child development programs that work with special needs children; (IV) The department of public health and environment; (V) The juvenile justice system; (VI) Preschool, elementary, secondary, and higher education; (VII) Parents, foster parents, or legal guardians of children or adults affected by FASD; (VIII) The developmentally disabled community; (IX) Speech, language, and occupational therapy; (X) The department of education; and (XI) A representative of a trade association that represents licensed beverage retailers in Colorado. (b) The commission shall meet at least once on or before September 30, 2009. At its first meeting, the commission shall elect by a majority vote a chairperson from among the commission members who shall act as the presiding officer of the commission, determine a meeting schedule, and develop a list of priorities. Commission members shall serve without compensation or reimbursement of expenses. (c) The commission shall develop a health warning sign and other informational materials for use by persons licensed pursuant to section 12-47-401 (1) (h) to (1) (t), C.R.S., to sell malt, vinous, and spirituous liquors or licensed pursuant to section 12-46-104 (1) (c), C.R.S., to sell fermented malt beverages and a plan for making the sign and other informational materials available on-line to such licensed persons and other interested parties. At a minimum, the health warning sign shall read as follows: HEALTH WARNING DRINKING ANY ALCOHOLIC BEVERAGE DURING PREGNANCY MAY CAUSE BIRTH DEFECTS. (d) On or before December 1, 2009, and as needed thereafter, The commission shall make recommendations to the unit and to the health and human services committees committee of the senate and the public health care and human services committee of the house of representatives, or any successor committees. The commission's recommendations shall must address the prevention of and education about FASD and any other FASD-related issues. The commission shall evaluate the use of the health warning signs developed pursuant to paragraph (c) of this subsection (4), the response by licensed persons, as described in paragraph (c) of this subsection (4), to the signs, and the response by women and patrons to the signs. The commission shall make recommendations to the unit and to the health and human services committees committee of the senate and the public health care and human services committee of the house of representatives, or any successor committees, on the most effective use of the warning signs and shall also recommend the most effective use of other written and electronic informational materials in the future. (e) This subsection (4) is repealed, effective June 30, 2015. SECTION 33. In Colorado Revised Statutes, add with amended and relocated provisions 27-80-123 as follows: 27-80-123. [Formerly 27-80-117.] Rural substance use disorder prevention and treatment program - creation - administration - definitions - cash fund - repeal. (1) As used in this section, unless the context otherwise requires: (a) "Program" means the rural alcohol and substance abuse substance use disorders prevention and treatment program created pursuant to subsection (2) of this section that shall consist consists of the rural youth alcohol and substance abuse substance use disorders prevention and treatment project and the rural detoxification project. (b) "Rural area" means a county with a population of less than thirty thousand people, according to the most recently available population statistics of the United States bureau of the census. (c) "Youth" means an individual who is at least eight years of age but who is less than eighteen years of age. (2) (a) (I) There is hereby created within the unit the rural alcohol and substance abuse substance use disorders prevention and treatment program within the unit to provide: (A) Prevention and treatment services to youth in rural areas, which areas. The services may include, but need not be limited to, providing alternative activities for youth through the rural youth alcohol and substance abuse substance use disorders prevention and treatment project; and (B) Treatment services to persons addicted to alcohol or drugs who misuse substances or have a substance use disorder through the rural detoxification project. (II) The unit shall administer the program pursuant to rules adopted by the state board of human services as of January 1, 2010, or as amended by the state board thereafter. (b) The unit shall incorporate provisions to implement the program into its regular contracting mechanism for the purchase of prevention and treatment services pursuant to section 27-80-106, including but not limited to detoxification programs. The unit shall develop a method to equitably distribute and provide additional moneys through contracts to provide for prevention services for and treatment of persons with substance use disorders in rural areas. (c) Notwithstanding any provision of this section to the contrary, the unit shall implement the program on or after January 1, 2011, subject to the availability of sufficient moneys to operate an effective program, as determined by the unit. (3) (a) There is hereby created in the state treasury the rural alcohol and substance abuse substance use disorders cash fund, referred to in this section as the "fund", that shall consist consists of the rural youth alcohol and substance abuse substance use disorders prevention and treatment account, referred to in this section as the "youth account", and the rural detoxification account, referred to in this section as the "detoxification account". The fund shall be is comprised of moneys collected from surcharges assessed pursuant to sections 18-19-103.5, 42-4-1307 (10) (d) (I), and 42-4-1701 (4) (f), C.R.S., which moneys the treasurer shall be divided divide equally between the youth account and the detoxification account, and any moneys credited to the fund pursuant to paragraph (b) of this subsection (3), which moneys the treasurer shall be divided divide equally between the youth account and the detoxification account unless the grantee or donor specifies to which account the grant, gift, or donation shall be credited. The moneys in the fund shall be are subject to annual appropriation by the general assembly to the unit for the purpose of implementing the program. All interest derived from the deposit and investment of moneys in the fund shall must remain in the fund. Any unexpended or unencumbered moneys remaining in the fund at the end of a fiscal year shall remain remain in the fund and shall not be transferred or credited to the general fund or another fund; except that any unexpended and unencumbered moneys remaining in the fund as of June 30, 2016, shall must be credited to the general fund. (b) The unit is authorized to accept any grants, gifts, or donations from any private or public source on behalf of the state for the purpose of the program. The unit shall transmit all private and public moneys received through grants, gifts, or donations to the state treasurer, who shall credit the same to the fund. (4) (a) All unexpended and unencumbered moneys remaining in the rural alcohol and substance abuse cash fund as of July 1, 2014, shall be transferred to the rural substance use disorders cash fund. (b) This subsection (4) is repealed, effective July 1, 2015. (4) (5) (a) This section is repealed, effective July 1, 2016. (b) Prior to such repeal, the program shall be reviewed as provided in section 24-34-104, C.R.S. SECTION 34. In Colorado Revised Statutes, repeal and reenact, with amendments, 27-81-101 as follows: 27-81-101. Legislative declaration. (1) The general assembly hereby declares that the purposes of this article are to: (a) Secure for each person who is intoxicated, substance dependent or under the influence of substances the specific care and treatment suited to the individual needs of that person and to ensure that such care and treatment are skillfully and humanely administered with full respect for the person's dignity and personal integrity; (b) Deprive a person who is intoxicated, substance dependent or under the influence of substances of his or her liberty for the purposes of care and treatment only when, as a result of being intoxicated, substance dependent or under the influence of substances , he or she is a danger to self or others or is gravely disabled and only when less restrictive alternatives are unavailable; (c) Provide the fullest possible measure of privacy, dignity, and other recognized rights to persons who are undergoing care and treatment for substance use disorders; (d) Encourage the use of voluntary rather than coercive measures to provide care and treatment for substance use disorders and to provide such care and treatment in the least restrictive setting; (e) Encourage the appropriate participation of family members in the care and treatment of a person with a substance use disorder and, when appropriate and with the person's consent, to provide appropriate information to family members to facilitate such participation; and (f) Facilitate the recovery and resiliency of each person who receives care and treatment pursuant to this article. (2) The general assembly further declares that it is the policy of Colorado that a person who is intoxicated, substance dependent or under the influence of substances should be afforded adequate care and treatment so he or she may be a productive member of society. (3) Therefore, the general assembly hereby finds and declares that substance misuse and substance dependency are matters of statewide concern. SECTION 35. In Colorado Revised Statutes, repeal and reenact, with amendments, 27-81-102 as follows: 27-81-102. Definitions. As used in this article, unless the context otherwise requires: (1) "Approved treatment facility" means a treatment facility approved by or operating under the direction and control of the unit or providing treatment pursuant to this article through a contract with the unit and meeting the standards prescribed in and approved by the unit pursuant to section 27-80-108.5. (2) "Court" means the district court in the county in which the person named in a petition filed pursuant to this article resides or is physically present. In the city and county of Denver, "court" means the probate court. (3) "Danger to self or others" means that: (a) With respect to an individual, that the individual poses a substantial risk of physical harm to himself or herself as manifested by evidence of recent threats of or attempts at suicide or serious bodily harm to himself or herself; or (b) With respect to other persons, that the individual poses a substantial risk of physical harm to another person or persons, as manifested by evidence of recent homicidal or other violent behavior directed towards another person or persons by the individual in question, or by evidence that another person or persons are placed in reasonable fear of violent behavior or serious physical harm, as manifested by a recent overt act, attempt, or threat to do serious physical harm by the individual in question. (4) "Department" means the department of human services created in section 26-1-105, C.R.S. (5) "Director" means the director of the unit. (6) "Emergency service patrol" means a patrol established pursuant to section 27-81-115. (7) "Executive director" means the executive director of the department. (8) "Family member" means a spouse, civil union partner, parent, adult child, or adult sibling of a person with a mental illness. (9) (a) "Gravely disabled" means a condition in which a person: (I) Lacks judgment in the management of his or her resources or in the conduct of his or her social relations to the extent that his or her health or safety is significantly endangered; or (II) Is incapable of making informed decisions about, or providing for, his or her essential needs without significant supervision or assistance from other people, does not have, or has lost, or is at risk of losing, necessary care and support without which the person cannot function safely, and, as a result, is at risk of: (A) Substantial bodily harm; (B) Dangerous worsening of any concomitant serious physical illness; (C) Significant deterioration in mental functioning; (D) Mismanagement of his or her essential needs that could result in substantial bodily harm, including but not limited to nourishment, safe shelter, medical needs, and clothing; or (E) Destruction of property that could result in substantial bodily harm. (b) A person of any age may be "gravely disabled", but such term does not include a person whose decision-making capabilities are limited solely by his or her developmental disability. (10) "Minor" means a person under the age of eighteen years. (11) "Person who is under the influence of substances" means a person whose mental or physical functioning is temporarily but substantially impaired as a result of the presence of substances in his or her body. (12) "Person who misuses substances" means a person who consistently uses substances to the extent that his or her health is substantially impaired or endangered or his or her social functioning in the community is substantially disrupted, including but not limited to work, school, or home. (13) "Professional person" means a person licensed to practice medicine in this state, a psychologist certified to practice in this state, or a person licensed and in good standing to practice medicine in another state or a psychologist certified to practice and in good standing in another state who is providing medical or clinical services at a treatment facility in this state that is operated by the armed forces of the United States, the United States public health service, or the United States department of veterans affairs. (14) "Substance" means a controlled substance as defined in section 18-18-102 (5), C.R.S., toxic vapors, alcohol, or any other chemical that causes an altered mental state. (15) "Treatment" means the broad range of emergency, outpatient, intermediate, and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological, and social service care, vocational rehabilitation, peer assistance services, and career counseling, that may be extended to a person who misuses substances or is under the influence of substances. (16) "Toxic vapors" means a substance or product containing substances as defined in section 18-18-412 (3), C.R.S. (17) "Unit" means the unit in the department that administers behavioral health programs and services, including those related to mental health and substance use disorders. SECTION 36. In Colorado Revised Statutes, add 27-81-108.5 as follows: 27-81-108.5. Advance directives for persons with behavioral health illnesses. An approved treatment facility is encouraged to inquire whether an individual who is being admitted to the facility pursuant to section 27-81-110, 27-81-111, 27-81-111.3, 27-81-112, 27-81-112.1, or 27-81-112.3 has an advance directive for a person with a behavioral health illness. If the person being admitted has an advance directive for a person with a behavioral health illness, the approved treatment facility shall take the provisions of such advance directive into account in its evaluation and treatment if the provisions are medically appropriate for care. SECTION 37. In Colorado Revised Statutes, amend 27-81-110 as follows: 27-81-110. Voluntary treatment for persons under the influence of substances. (1) An intoxicated person or person intoxicated or incapacitated by alcohol, A person who misuses substances or a person who is under the influence of substances, including a minor, may voluntarily admit himself or herself apply for admission to an approved treatment facility for emergency treatment. (2) A person who comes voluntarily to an approved treatment facility shall be evaluated or examined immediately by the facility administrator or by his or her authorized designee, within available resources. immediately. A person found to be in need of who the facility administrator of the approved treatment facility, or his or her designee, determines needs treatment shall must then be admitted to that facility or referred to another appropriate treatment facility. If a the facility administrator of the approved treatment facility, or his or her designee, determines that the person is found not to be in does not need of treatment, he or she shall may be released or referred to another appropriate treatment facility. (3) Except as provided in subsection (7) of this section, an approved treatment facility shall immediately release a voluntarily admitted person shall be released from the approved treatment facility immediately upon his or her request. (4) A person who is not admitted to an approved treatment facility, and who is not referred to another health facility, and who has no funds may be taken to his or her home, if any. If he or she has no home, the approved treatment facility may assist him or her in obtaining shelter. (5) If a person is admitted to an approved treatment facility, his or her family or next of kin shall be notified as promptly as possible. If an adult person requests that there be no notification, his or her request shall be respected. If an approved treatment facility admits a person who is not a minor, the approved treatment facility shall notify the person's family or next of kin only if that person has signed a release of information or given written consent. (6) If the administrator in charge of the approved treatment facility or his or her authorized designee determines that it is for the person's benefit, the administrator or his or her designee shall encourage the person shall be encouraged to agree to further obtain additional diagnosis and appropriate voluntary treatment. If it appears to the administrator in charge of the approved treatment facility that the patient is an alcoholic a person who misuses substances or is under the influence of substances and requires help, the administrator may arrange for assistance in shall assist the patient in obtaining supportive services and or care at residential facilities. (7) Nothing in this section shall preclude precludes the approved treatment facility administrator or his or her authorized designee from seeking an emergency commitment hold of a person as provided for in section 27-81-111 or 27-81-111.3 or involuntary commitment short-term certification of a person as provided for in section 27-81-112, regardless of whether such the person has been voluntarily admitted under pursuant to this section. In such cases, the administrator's or designee's further conduct shall be is governed by section 27-81-111 or 27-81-112, as applicable. SECTION 38. In Colorado Revised Statutes, amend 27-81-111 as follows: 27-81-111. Emergency hold - petition for substance misuse evaluation. (1) (a) When a person is intoxicated or incapacitated by alcohol and clearly dangerous to the health and safety of himself, herself, or others, he or she under the influence of substances and, as a result of being under the influence of substances, he or she is a danger to self or others or is gravely disabled, law enforcement authorities or an emergency service patrol, acting with probable cause, shall be taken take the person into protective custody by law enforcement authorities or an emergency service patrol, acting with probable cause, and placed place him or her in an approved treatment facility. If no such facilities are an approved treatment facility is not available, he or she may be detained in an emergency medical facility or jail, but only for so long as may be necessary to prevent injury to himself, herself, or others or to prevent a breach of the peace. If the person being detained in jail is a juvenile, as defined in section 19-1-103 (68), C.R.S., the juvenile shall minor, the minor must be placed in a setting that is nonsecure and physically segregated by sight and sound from the adult offenders population. A law enforcement officer or emergency service patrol officer, in detaining the person, is taking him or her into protective custody. In so doing, the detaining officer may protect himself or herself by reasonable methods but shall make every reasonable effort to protect the detainee's health and safety. A taking into protective custody under this section is not an arrest, and no an entry or other record shall not be made to indicate that the person has been arrested or charged with a crime. Law enforcement or emergency service personnel who act in compliance with this section are acting in the course of their official duties and are therefore not criminally or civilly liable. therefor. Nothing in this subsection (1) shall preclude an intoxicated or incapacitated person precludes a person who misuses substances or is under the influence of substances and who is not dangerous to the health and safety of himself, herself, a danger to self or others or is not gravely disabled from being assisted to his or her home or like location by the law enforcement officer or emergency service patrol officer. (b) A sheriff or police chief who violates the provisions of paragraph (a) of this subsection (1) related to detaining juveniles may be subject to a civil fine of no more than one thousand dollars. The decision to fine shall must be based on prior violations of the provisions of paragraph (a) of this subsection (1) by the sheriff or police chief and the willingness of the sheriff or police chief to address the violations in order to comply with paragraph (a) of this subsection (1). (2) A law enforcement officer emergency service patrolman, physician, spouse, guardian, or relative of the person to be committed, or any other responsible person eighteen years of age or older with firsthand knowledge of the situation may make a written application apply in writing directly to the administrator of the approved treatment facility for an emergency commitment under this hold pursuant to this section. directed to the administrator of the approved treatment facility. The application shall must state the circumstances requiring an emergency commitment hold, including the applicant's personal observations and the specific statements of others, if any, upon which he or she relies in making the application. The facility administrator, or his or her designee, shall furnish a copy of the application shall be furnished to the person to be committed held. (3) If the approved treatment facility administrator or his or her authorized designee approves the application, the person shall be committed held, evaluated, and treated for a period not to exceed five calendar days. A peace officer, the emergency service patrol, or any interested person shall bring the person shall be brought to the approved treatment facility. by a peace officer, the emergency service patrol, or any interested person. If necessary, the court may be contacted to issue an order to the police the peace officer's department, or the sheriff's department to transport the person to the approved treatment facility. (3.5) An approved treatment facility that admits a person pursuant to the provisions of this article shall evaluate the person as soon as possible after he or she is admitted. (4) If the approved treatment facility administrator or his or her authorized designee determines that the application fails to sustain the grounds for an emergency commitment hold as set forth in subsection (1) of this section, the commitment shall be refused administrator or his or her authorized designee shall refuse the emergency hold and the person detained shall be immediately released. and The administrator or his or her authorized designee shall encourage the person shall be encouraged to seek voluntary treatment if appropriate. (5) When the administrator or his or her authorized designee determines that the grounds for commitment an emergency hold no longer exist, he or she shall discharge the person committed under being held pursuant to this section. At the time of discharge, the person shall be offered the opportunity to enroll in voluntary treatment. A person committed under who is on an emergency hold pursuant to this section may not be detained in any approved treatment facility for more than five calendar days; except that a person may be detained held for longer than five calendar days at the approved treatment facility if, in that period of time, a petition for involuntary commitment notice of certification for short-term treatment has been filed pursuant to section 27-81-112. A person may not be detained longer than ten days after the date of filing of the petition for involuntary commitment. (6) Whenever a person is involuntarily detained placed on an emergency hold pursuant to this section, he or she shall immediately be advised by the facility administrator or his or her authorized designee, the facility administrator or his or her authorized designee shall immediately advise the person, both orally and in writing, of his or her right to challenge such detention the emergency hold by application to the courts for a writ of habeas corpus, to be represented by counsel at every stage of any proceedings relating to his or her commitment and recommitment the emergency hold, and to have counsel appointed by the court or provided by the court if he or she wants the assistance of counsel and is unable to obtain counsel. SECTION 39. In Colorado Revised Statutes, add 27-81-111.3 as follows: 27-81-111.3. Petition for court-ordered emergency hold. (1) An individual alleged to have misused substances or to be under the influence of substances and, as a result of such, is a danger to self or others or is gravely disabled may have his or her condition evaluated under a court order pursuant to this section. (2) An individual may petition the court in the county in which the respondent resides or is physically present alleging that there is a person who appears to have misused substances or to be under the influence of substances and, as a result of such, appears to be a danger to self or others or to be gravely disabled. The petition may request an evaluation of the respondent's condition. (3) The petition for a court-ordered evaluation must contain the following: (a) The name and address of the petitioner and his or her interest in the case; (b) The name of the person for whom evaluation is sought, designated as the respondent, and, if known to the petitioner, the address, age, sex, marital status, and occupation of the respondent; (c) Allegations of fact indicating that the respondent may have misused substances or is under the influence of substances and, as a result of such, is a danger to self or others or is gravely disabled and showing reasonable grounds to warrant an evaluation; (d) The name and address of every person known or believed by the petitioner to be legally responsible for the care, support, and maintenance of the respondent, if available; and (e) The name, address, and telephone number of the attorney, if any, who has most recently represented the respondent. If the respondent does not have an attorney, the petition must include a statement as to whether, to the best knowledge of the petitioner, the respondent meets the criteria established by the legal aid agency operating in the county or city and county for it to represent a client. (4) Upon receipt of a petition satisfying the requirements of subsection (3) of this section, the court shall designate an approved treatment facility to determine whether there is probable cause to believe the allegations. (5) Following screening, the facility administrator, or his or her designee, or a professional person designated by the court shall file his or her report with the court. The report must include a recommendation as to whether there is probable cause to believe that the respondent has misused substances or is under the influence of substances and, as a result of such, is a danger to self or others or is gravely disabled and whether the respondent will voluntarily receive evaluation or treatment. The screening report submitted to the court is confidential in accordance with section 27-81-113, and the court shall furnish a copy to the respondent or his or her attorney or personal representative. (6) Whenever it appears, by petition and screening pursuant to this section, to the satisfaction of the court that probable cause exists to believe that the respondent has misused substances or is under the influence of substances and, as a result of such, is a danger to self or others or is gravely disabled and that efforts have been made to secure the cooperation of the respondent, who has refused or failed to accept evaluation voluntarily, the court shall issue an order for evaluation that authorizes a certified peace officer to take the respondent into custody and place him or her in an approved treatment facility for an emergency hold. At the time the respondent is taken into custody, the court shall provide the respondent or his or her attorney with a copy of the petition and the order for evaluation, and promptly thereafter to any one person designated by the respondent and to the person in charge of the emergency treatment and evaluation facility named in the order, or his or her designee. (7) The approved treatment facility shall evaluate the respondent as promptly as possible and shall not detain the respondent longer than five calendar days under the court order, excluding Saturdays, Sundays, and holidays if treatment and evaluation services are not available on those days. Within that time, the respondent shall be released, referred for further care and treatment on a voluntary basis, or certified for short-term treatment. (8) At the time the respondent is taken into custody for evaluation, or within a reasonable time thereafter, unless a responsible relative is in possession of the respondent's personal property, the certified peace officer taking the respondent into custody shall take reasonable precautions to preserve and safeguard personal property possessed by or on the premises occupied by the respondent. (9) When an individual is involuntarily admitted to an approved treatment facility for an emergency hold pursuant to the provisions of this section, the facility director, or his or her designee, shall advise the individual that he or she is going to be examined with regard to his or her substance misuse. (10) Whenever an individual is involuntarily admitted to an approved treatment facility for an emergency hold pursuant to the provisions of this section, the facility director, or his or her designee, shall advise the individual of his or her right to retain and consult with an attorney at any time and that, if he or she cannot afford to pay an attorney, upon proof of indigency, one will be appointed by the court without cost. SECTION 40. In Colorado Revised Statutes, repeal and reenact, with amendments, 27-81-112 as follows: 27-81-112. [Similar to 27-82-108.] Certification for involuntary short-term treatment of persons who misuse substances or who are under the influence of substances. (1) If a person is placed on an emergency hold pursuant to section 27-81-111 or 27-81-111.3, he or she may be certified for treatment of a substance use disorder for a period not to exceed three months under the following conditions: (a) A professional person on staff at the approved treatment facility that is providing care and treatment under the emergency hold has evaluated the person's condition and determined that the person either misuses substances or is under the influence of substances and, as a result, is a danger to self or others or is gravely disabled; and (b) The approved treatment facility providing the short-term treatment has been designated by the executive director to provide such treatment pursuant to section 27-80-109.5; and (c) (I) The person has been advised of the availability of voluntary treatment but has not accepted such treatment; or (II) The person has been advised of the availability of voluntary treatment and has accepted voluntary treatment but reasonable grounds exist, as evidenced by past behaviors, to believe that he or she will not remain in voluntary treatment. (2) A professional person on the staff of the approved treatment facility who participated in the person's evaluation shall sign the notice of certification for short-term treatment and shall state facts sufficient to establish reasonable grounds to believe that the person misuses substances or is under the influence of substances and, as a result, is a danger to self or others or is gravely disabled. The approved treatment facility shall file the notice of certification for short-term treatment with the court within forty-eight hours after the date and time of certification, excluding Saturdays, Sundays, and court holidays. The notice of certification must be filed in the county in which the respondent resides or where the respondent was physically present when he or she was taken into protective custody and transported to the approved treatment facility pursuant to section 27-81-111 or 27-81-111.3. (3) The approved treatment facility shall perform the following functions: (a) Personally deliver to the respondent a copy of the certification, including the professional person's statement of facts within twenty-four hours of the certification; (b) Keep a copy of the certification as part of the respondent's record; (c) Ask the respondent to designate at least one person that he or she wishes to be informed regarding the certification. If the respondent is incapable of making such a designation at the time that the he or she receives notice of certification, the designated approved treatment facility shall ask the respondent to designate such an individual as soon as he or she is capable of doing so. (d) Provide the respondent with written notice that, upon written request by the respondent or his or her counsel directed to the court where the notice of certification was filed, a hearing concerning the certification for short-term treatment may be granted. (4) Upon certification of the respondent, the approved treatment facility for short-term treatment has custody of the respondent. (5) Whenever a notice of certification for short-term treatment is filed with the court, the court, if it has not already done so pursuant to section 27-81-111.3, shall notify the respondent of his or her right to counsel. The court shall determine whether the respondent is able to afford an attorney. If the respondent meets the indigency guidelines and cannot afford an attorney, the court shall appoint counsel, either from the legal services program that operates in the jurisdiction or private counsel. The court shall provide the attorney representing the respondent with a copy of the certification immediately upon appointment. Waiver of counsel must be knowingly and intelligently made in writing and filed with the court by the respondent. In the event that a respondent who is able to afford an attorney fails to pay the appointed counsel, the court-appointed counsel, upon application to the court and after appropriate notice and hearing, may obtain a judgment for reasonable attorney fees against the respondent or person making the request for such counsel or both the respondent and such person. (6) The respondent who is subject to certification for short-term treatment or his or her attorney may at any time file a written request that the court review the certification for short-term treatment, the treatment, or request that the treatment be on an outpatient basis. If a hearing to review is requested, the court shall hear the matter within ten calendar days after the request is made, and the court shall provide notice of the time and place of the hearing to the respondent and his or her attorney, as well as the certifying and treating professional person. The hearing must be held in accordance with section 27-81-112.7. At the conclusion of the hearing, the court may enter or confirm the certification for short-term treatment, discharge the respondent, or enter any other appropriate order. (7) Records and papers in proceedings pursuant to this section must be maintained separately by the clerks of the several courts. Upon termination of a certification for short-term or extended short-term treatment for substance misuse, the approved treatment facility shall file the notice of termination of involuntary treatment with the clerk of the court within five calendar days of termination. The clerk shall immediately seal the record in the case and omit the name of the respondent from the index of cases in the court until and unless the respondent becomes subject to an order of long-term care and treatment pursuant to section 27-81-112.3 or until and unless the court orders them opened for good cause shown. In the event a petition for certification for long-term treatment is filed pursuant to section 27-81-112.3, the certification record may be opened and become a part of the record for the long-term care and treatment case and the name of the respondent indexed. (8) Whenever it appears to the court, by reason of a report by a professional person treating the respondent or any other report satisfactory to the court, that a respondent placed on an emergency hold for evaluation and treatment or certified for short-term treatment should be transferred to another approved treatment facility for treatment and that the safety of the respondent or the public requires that the respondent be transported by a sheriff, the court may issue an order directing the sheriff or his or her designee to deliver the respondent to the successor approved treatment facility. SECTION 41. In Colorado Revised Statutes, add 27-81-112.1 as follows: 27-81-112.1. Extension of short-term treatment of persons who misuse substances or who are under the influence of substances. If the facility administrator, or his or her designee, believes that a period longer than three months is necessary for treatment of the respondent, he or she shall file with the court a petition for an extended certification. An extended certification for short-term treatment must not be for a period of more than three consecutive months. The respondent is entitled to a hearing on the extended certification under the same conditions as in an original certification. The attorney initially representing the respondent shall continue to represent that person, unless the court appoints another attorney. SECTION 42. In Colorado Revised Statutes, add 27-81-112.3 as follows: 27-81-112.3. Certification for involuntary long-term and extended long-term treatment of persons who misuse substances or who have a substance use disorder. (1) Whenever a person has received short-term and extended short-term treatment for five consecutive months pursuant to section 27-81-112 or 27-81-112.1, the professional person in charge of the person's evaluation and treatment may file a petition with the court for certification for involuntary long-term care and treatment if the following conditions are met: (a) A professional person on staff at the approved treatment facility providing short-term and extended short-term treatment has evaluated the person's condition and has determined that the person misuses substances or has a substance use disorder and, as a result, is a danger to self or others or is gravely disabled; (b) A professional person on staff at the approved treatment facility providing short-term and extended short-term treatment has advised the person of the availability of voluntary treatment but the person has not accepted such treatment; except that, if reasonable grounds exist to believe that the person will not remain in a voluntary treatment program, his or her acceptance of voluntary treatment shall not preclude an order pursuant to this section; and (c) The treatment facility that will provide the long-term treatment has been designated or approved by the executive director to provide such treatment. (2) A petition for certification for involuntary long-term treatment must include a request for a hearing before the court prior to the expiration of six months after the date of the original certification. The approved treatment facility shall personally deliver a copy of the petition to the person for whom long-term treatment is being sought and mail a copy of the petition to his or her attorney of record at the time of the filing. (3) Within ten calendar days after the receipt of the petition, the respondent or his or her attorney may request a hearing by filing a written request with the court. (4) The court shall determine whether the conditions of subsection (1) of this section have been met and whether the respondent misuses substances or has a substance use disorder and, as a result, is a danger to self or others or is gravely disabled. The court shall issue an order of long-term treatment for a term not to exceed six months, or it shall discharge the respondent for whom long-term treatment was sought, or it may enter any other appropriate order. (5) When a petition contains a request that a specific legal disability be imposed or that a specific legal right be deprived, the court may order the disability imposed or the right deprived if the court determines that the respondent misuses substances or has a substance use disorder and, as a result, is danger to self or others or is gravely disabled and that, by reason thereof, the person is unable to competently exercise said right or perform the function as to which the disability is sought to be imposed. Any interested person may seek to intervene as a co-petitioner for the purpose of seeking the imposition of a legal disability or the deprivation of a legal right. (6) An original order of certification for involuntary long-term treatment or any extension of the order expires on the date specified in the order, unless further extended as provided in this subsection (6). If an extension of an order of certification for involuntary long-term treatment is sought, the professional person in charge of the evaluation and treatment shall certify to the court at least thirty calendar days prior to the order's expiration date that an extension of the order is necessary for the care and treatment of the respondent subject to the order. The approved treatment facility shall personally deliver a copy of the certification to the respondent and simultaneously mail a copy to his or her attorney. At least twenty calendar days before the order's expiration date, the court shall provide the respondent and his or her attorney with written notice that a hearing upon the extension may be had before the court upon written request to the court within ten calendar days after receipt of the notice. If a hearing is not requested by the respondent within ten calendar days, the court may proceed ex parte. If a hearing is timely requested, it must be held before the expiration date of the existing order. If the court finds that the respondent still meets the conditions of subsection (1) of this section, the court shall issue an extension of the order. The extension must be for a period not to exceed six months, but there may be as many extensions as the court orders pursuant to this section. SECTION 43. In Colorado Revised Statutes, add 27-81-112.5 as follows: 27-81-112.5. Termination of certification for involuntary short-term and long-term treatment - leaving against court order. (1) An original certification for involuntary short-term or extended short-term treatment pursuant to section 27-81-112 or 27-81-112.1, or certification for involuntary long-term treatment pursuant to section 27-81-112.3 or any extension thereof, terminates as soon as, in the opinion of the professional person in charge of the person's treatment, the person has received sufficient benefit from treatment for him or her to leave. Whenever a certification or extended certification is terminated pursuant to this section, the professional person in charge of the person's treatment shall notify the court in writing within five calendar days of such termination. The professional person may also prescribe day care, night care, or any similar mode of treatment prior to termination. (2) Prior to termination, a person who leaves against court order may be returned to the facility by order of the court without a hearing or by the superintendent or director of the approved treatment facility without order of the court. After termination of a court order, an individual may be returned to the approved treatment facility only in accordance with the provisions of this article. (3) A professional person as designated by the director of an approved treatment facility may sign the notice of termination of involuntary long-term treatment. SECTION 44. In Colorado Revised Statutes, add 27-81-112.7 as follows: 27-81-112.7. Hearing procedures - jurisdiction. (1) Hearings before the court pursuant to sections 27-81-111.3, 27-81-112, or 27-81-112.3 must be conducted in the same manner as other civil proceedings before the court. The burden of proof is upon the person or facility seeking to detain the individual. The court shall determine that the person is in need of involuntary emergency, short-term, extended short-term, or long-term care and treatment only if the court finds by clear and convincing evidence that the person misuses substances, is under the influence of substances, or has a substance use disorder and, as a result, is a danger to self or others or is gravely disabled. (2) The court, after consultation with the person's attorney, may appoint a professional person to examine the person for whom a certification for involuntary short-term or long-term treatment is being sought and to testify at the hearing before the court as to the results of his or her examination. The court-ordered professional person shall act solely in an advisory capacity, and no presumption shall attach to his or her findings. (3) At the conclusion of the hearing, the court shall advise a person subject to a certification for involuntary short-term, extended short-term, long-term, or extended long-term treatment of his or her right to appeal the certification. (4) The court in which the certification is filed pursuant to section 27-81-111.3, 27-81-112, or 27-81-112.3 is the court of original jurisdiction and of continuing jurisdiction for any further proceedings pursuant to this article. When the convenience of the parties and justice would be promoted by a change in court jurisdiction, the court may order a transfer of the proceedings to another county. Until further order, if any, of the transferee court, the transferee court is the court of continuing jurisdiction. (5) The district attorney of the county where the proceeding is held or a qualified attorney acting for the district attorney who has been appointed by the district court for that purpose shall conduct all proceedings pursuant to this article, including proceedings to impose a legal disability; except that, in any county or in any city and county having a population exceeding fifty thousand persons, the county attorney or a qualified attorney acting for the county who has been appointed by the district court shall conduct the proceedings. In a case in which there has been a change of venue to a county other than the county of residence of the respondent or the county in which the certification proceeding was commenced, the county from which the proceeding was transferred shall either reimburse the county to which the proceeding was transferred and in which the proceeding was held for the reasonable costs incurred in conducting the proceeding or conduct the proceeding itself using its own personnel and resources, including its own district or county attorney. (6) Upon request of a guardian appointed pursuant to article 14 of title 15, C.R.S., the guardian may intervene in any proceeding pursuant to this article concerning his or her ward and, through counsel, may present evidence and represent to the court the guardian's views concerning the appropriate disposition of the case. SECTION 45. In Colorado Revised Statutes, 27-81-115, amend (1) as follows: 27-81-115. Emergency service patrol - establishment - rules. (1) The unit and cities, counties, city and counties, and regional service authorities may establish emergency service patrols in accordance with rules promulgated by the department pursuant to this section. A patrol consists of persons trained to give assistance in the streets and in other public places to persons who are intoxicated or incapacitated by alcohol misuse substances or are under the influence of substances. Members of an emergency service patrol shall must be capable of providing first aid in emergency situations and shall be are authorized to transport a person intoxicated or incapacitated by alcohol who misuses substances, is under the influence of substances, or has a substance use disorder to his or her home and to and from approved treatment facilities. SECTION 46. Repeal of provisions being relocated in this act. In Colorado Revised Statutes, repeal 27-80-109, 27-80-110, 27-80-111, 27-80-112, 27-80-113, 27-80-114, 27-80-115, 27-80-116, 27-80-117, 27-81-103, 27-81-104, 27-81-105, 27-81-106, 27-81-107, 27-81-108, 27-81-116, 27-81-117, 27-82-103, 27-82-104, 27-82-108, 27-82-111, 27-82-112, and 27-82-113. SECTION 47. Repeal of provisions not being relocated in this act. In Colorado Revised Statutes, repeal 27-81-109, 27-82-101, 27-82-102, 27-82-105, 27-82-106, 27-82-107, 27-82-109, and 27-82-110. SECTION 48. In Colorado Revised Statutes, 8-73-108, amend (4) introductory portion and (4) (b) (IV) (C) as follows: 8-73-108. Benefit awards - repeal. (4) Full award. An individual separated from a job shall be given a full award of benefits if any of the following reasons and pertinent conditions related thereto are determined by the division to have existed. The determination of whether or not the separation from employment shall must result in a full award of benefits shall be the responsibility of the division. The following reasons shall must be considered, along with any other factors that may be pertinent to such the determination: (b) (IV) The off-the-job or on-the-job use of not medically prescribed intoxicating beverages or controlled substances, as defined in section 18-18-102 (5), C.R.S., may be reason for a determination for a full award pursuant to this paragraph (b), but only if: (C) A worker who is not affiliated with an approved treatment program must present presents to the division within four weeks after the date of the medical statement referred to in sub-subparagraph (B) of this subparagraph (IV), substantiation of registration in a program of corrective action that will commence within four weeks after the date of the medical statement and that is provided by an approved private treatment facility or an approved public treatment facility as defined in section 27-81-102, (2) or (3), C.R.S., or by an alcoholics anonymous a sobriety supports program. The substantiation shall must be in writing to the division and signed by an authorized representative of the approved treatment program. SECTION 49. In Colorado Revised Statutes, 13-5-142, amend (1) (b) and (3) (b) (II) as follows: 13-5-142. National instant criminal background check system - reporting. (1) On and after March 20, 2013, the state court administrator shall send electronically the following information to the Colorado bureau of investigation created pursuant to section 24-33.5-401, C.R.S., referred to within this section as the "bureau": (b) The name of each person who has been committed certified by order of the court to the custody of the unit in the department of human services that administers behavioral health programs and services, including those related to mental health and substance abuse, pursuant to section 27-81-112 or 27-82-108, section 27-81-111.3, 27-81-112, 27-81-112.1, or 27-81-112.3, C.R.S.; and (3) The state court administrator shall take all necessary steps to cancel a record made by the state court administrator in the national instant criminal background check system if: (b) No less than three years before the date of the written request: (II) The period of commitment of treatment resulting from the most recent order of commitment or recommitment certification or recertification of involuntary short-term, extended short-term, long-term, or extended long-term treatment expired, or a court entered an order terminating the person's incapacity or discharging the person from commitment treatment in the nature of habeas corpus, if the record in the national instant criminal background check system is based on an order of commitment to the custody of the unit in the department of human services that administers behavioral health programs and services, including those related to mental health and substance abuse certification; except that the state court administrator shall not cancel any record pertaining to a person with respect to whom two recommitment orders have been entered under section 27-81-112 (7) and (8) who has been certified two or more times by court order pursuant to section 27-81-112, 27-81-112.1, or 27-81-112.3, C.R.S., or who was discharged from treatment under section 27-81-112 (11) pursuant to section 27-81-112.5, C.R.S., on the grounds that further treatment will not be likely to bring about significant improvement in the person's condition; or SECTION 50. In Colorado Revised Statutes, 13-5-142.5, amend (2) (a) (II) as follows: 13-5-142.5. National instant criminal background check system - judicial process for awarding relief from federal prohibitions - legislative declaration. (2) Eligibility. A person may petition for relief pursuant to this section if: (a) (II) He or she has been committed certified by order of the court to the custody of the unit in the department of human services that administers behavioral health programs and services, including those related to mental health and substance abuse, pursuant to section 27-81-112 or 27-82-108 section 27-81-112, 27-81-112.1, or 27-81-112.3, C.R.S.; or SECTION 51. In Colorado Revised Statutes, 13-9-123, amend (1) (b) and (3) (b) (II) as follows: 13-9-123. National instant criminal background check system - reporting. (1) On and after March 20, 2013, the state court administrator shall send electronically the following information to the Colorado bureau of investigation created pursuant to section 24-33.5-401, C.R.S., referred to within this section as the "bureau": (b) The name of each person who has been committed certified by order of the court to the custody of the unit in the department of human services that administers behavioral health programs and services, including those related to mental health and substance abuse, pursuant to section 27-81-112 or 27-82-108 section 27-81-112, 27-81-112.1, or 27-81-112.3, C.R.S.; and (3) The state court administrator shall take all necessary steps to cancel a record made by the state court administrator in the national instant criminal background check system if: (b) No less than three years before the date of the written request: (II) The period of commitment treatment of the most recent order of commitment or recommitment certification or recertification for involuntary short-term, extended short-term, long-term, or extended long-term treatment expired, or the court entered an order terminating the person's incapacity or discharging the person from commitment treatment in the nature of habeas corpus, if the record in the national instant criminal background check system is based on an order of commitment to the custody of the unit in the department of human services that administers behavioral health programs and services, including those related to mental health and substance abuse certification; except that the state court administrator shall not cancel any record pertaining to a person with respect to whom two recommitment orders have been entered under section 27-81-112 (7) and (8) who has been certified two or more times by court order pursuant to section 27-81-112, 27-81-112.1, or 27-81-112.3, C.R.S., or who was discharged from treatment under section 27-81-112 (11) pursuant to section 27-81-112.5, C.R.S., on the grounds that further treatment will not be likely to bring about significant improvement in the person's condition; or SECTION 52. In Colorado Revised Statutes, 13-9-124, amend (2) (a) (II) as follows: 13-9-124. National instant criminal background check system - judicial process for awarding relief from federal prohibitions - legislative declaration. (2) Eligibility. A person may petition for relief pursuant to this section if: (a) (II) He or she has been committed certified by order of the court to the custody of the unit in the department of human services that administers behavioral health programs and services, including those related to mental health and substance abuse, pursuant to section 27-81-112 or 27-82-108 section 27-81-112, 27-81-112.1, or 27-81-112.3, C.R.S.; or SECTION 53. In Colorado Revised Statutes, 13-90-107, amend (1) (m) (IV) (C) and (1) (m) (IV) (D) as follows: 13-90-107. Who may not testify without consent - definitions. (1) There are particular relations in which it is the policy of the law to encourage confidence and to preserve it inviolate; therefore, a person shall not be examined as a witness in the following cases: (m) (IV) This paragraph (m) shall not apply in cases in which: (C) Due to alcohol or other substance intoxication or abuse, as described in sections 27-81-111 and 27-82-107, C.R.S., The person either misuses substances, is under the influence of substances, or has a substance use disorder and, as a result, the person receiving peer support is a clear and immediate danger to the person's self or others danger to self or others or is gravely disabled, as defined in section 27-81-102, C.R.S.; (D) There is reasonable cause to believe that the person receiving peer support has a mental illness and, due to the mental illness, is an imminent threat to himself or herself a danger to self or others or is gravely disabled as those terms are defined in section 27-65-102, C.R.S.; or SECTION 54. In Colorado Revised Statutes, 16-13-701, amend (4) as follows: 16-13-701. Reporting of forfeited property. (4) The unit in the department of human services that administers behavioral health programs and services, including those related to mental health and substance abuse misuse, shall prepare an annual accounting report of moneys received by the managed service organization pursuant to section 16-13-311 (3) (a) (VII) (B), including revenues, expenditures, beginning and ending balances, and services provided. The unit in the department of human services that administers behavioral health programs and services, including those related to mental health and substance abuse misuse, shall provide this information in its annual report pursuant to section 27-80-110 section 27-80-115.5, C.R.S. SECTION 55. In Colorado Revised Statutes, 18-12-202, amend (3) (a) and (3) (b) (I) as follows: 18-12-202. Definitions. As used in this part 2, unless the context otherwise requires: (3) "Chronically and habitually uses alcoholic beverages to the extent that the applicant's normal faculties are impaired" means: (a) The applicant has at any time been committed certified for involuntary short-term, extended short-term, or long-term treatment as an alcoholic pursuant to section 27-81-111 or 27-81-112 section 27-81-112, 27-81-112.1, or 27-81-112.3, C.R.S.; or (b) Within the ten-year period immediately preceding the date on which the permit application is submitted, the applicant: (I) Has been committed as an alcoholic certified for involuntary short-term, extended short-term, long-term, or extended long-term treatment as a person who misuses substances or who is under the influence of substances pursuant to section 27-81-109 or 27-81-110 section 27-81-112, 27-81-112.1, or 27-81-112.3, C.R.S.; or SECTION 56. In Colorado Revised Statutes, 18-19-103.5, amend (2) (b) and (4) as follows: 18-19-103.5. Rural substance use disorder - repeal. (2) The clerk of the court shall disburse the surcharge required by subsection (1) of this section as follows: (b) Ninety-five percent shall be disbursed to the state treasurer who shall credit the same to the rural alcohol and substance abuse substance use disorders cash fund created in section 27-80-117 (3) section 27-80-123 (3), C.R.S. (4) This section is repealed, effective July 1, 2016, unless the general assembly extends the repeal of the rural alcohol and substance abuse substance use disorders prevention and treatment program created in section 27-80-117 section 27-80-123, C.R.S. SECTION 57. In Colorado Revised Statutes, 24-34-104, amend (47) (c) as follows: 24-34-104. General assembly review of regulatory agencies and functions for termination, continuation, or reestablishment. (47) The following agencies, functions, or both, shall terminate on July 1, 2016: (c) The rural alcohol and substance abuse substance use disorders prevention and treatment program created pursuant to section 27-80-117 section 27-80-123, C.R.S., within the unit in the department of human services that administers behavioral health programs and services, including those related to mental health and substance abuse; SECTION 58. In Colorado Revised Statutes, 25-1-1202, amend (1) (ss); and repeal (1) (vv) as follows: 25-1-1202. Index of statutory sections regarding medical record confidentiality and health information. (1) Statutory provisions concerning policies, procedures, and references to the release, sharing, and use of medical records and health information include the following: (ss) Sections 27-81-110, 27-81-111, 27-81-111.3, 27-81-112, 27-81-112.3, and 27-81-113, C.R.S., concerning the treatment of intoxicated persons who misuse substances, are under the influence of substances, or have a substance use disorder; (vv) Sections 27-82-106 and 27-82-109, C.R.S., concerning the treatment of drug abusers; SECTION 59. In Colorado Revised Statutes, 25.5-5-203, amend (1) (l) as follows: 25.5-5-203. Optional programs with special state provisions. (1) Subject to the provisions of subsection (2) of this section, this section specifies programs developed by Colorado to increase federal financial participation through selecting optional services or optional eligible groups. These programs include but are not limited to: (l) The treatment program for high-risk pregnant women, as specified in section 27-80-112 section 27-80-118, C.R.S., and sections 25.5-5-309, 25.5-5-310, and 25.5-5-311; SECTION 60. In Colorado Revised Statutes, 42-4-1301.3, amend (4) (a) as follows: 42-4-1301.3. Alcohol and drug driving safety program. (4) (a) There is hereby created an alcohol and drug driving safety program fund in the office of the state treasurer to the credit of which shall be deposited all moneys as directed by this paragraph (a). The assessment in effect on July 1, 1998, shall remain in effect unless the judicial department and the unit in the department of human services that administers behavioral health programs and services, including those related to mental health and substance abuse use disorders, have provided to the general assembly a statement of the cost of the program, including costs of administration for the past and current fiscal year to include a proposed change in the assessment. The general assembly shall then consider the proposed new assessment and approve the amount to be assessed against each person during the following fiscal year in order to ensure that the alcohol and drug driving safety program established in this section shall be is financially self-supporting. Any adjustment in the amount to be assessed shall be so noted in the appropriation to the judicial department and the unit in the department of human services that administers behavioral health programs and services, including those related to mental health and substance abuse use disorders, as a footnote or line item related to this program in the general appropriation bill. The state auditor shall periodically audit the costs of the programs to determine that they are reasonable and that the rate charged is accurate based on these costs. Any other fines, fees, or costs levied against such person shall not be part of the program fund. The amount assessed for the alcohol and drug evaluation shall be transmitted by the court to the state treasurer to be credited to the alcohol and drug driving safety program fund. Fees charged under sections 27-81-106 (1) and 27-82-103 (1) section 27-80-109.5, C.R.S., to approved alcohol and drug treatment facilities that provide level I and level II programs as provided in paragraph (c) of subsection (3) of this section shall be transmitted to the state treasurer, who shall credit the fees to the alcohol and drug driving safety program fund. Upon appropriation by the general assembly, these funds shall be expended by the judicial department and the unit in the department of human services that administers behavioral health programs and services, including those related to mental health and substance abuse use disorders, for the administration of the alcohol and drug driving safety program. In administering the alcohol and drug driving safety program, the judicial department is authorized to contract with any agency for such services as the judicial department deems necessary. Moneys deposited in the alcohol and drug driving safety program fund shall remain in said fund to be used for the purposes set forth in this section and shall not revert or transfer to the general fund except by further act of the general assembly. SECTION 61. In Colorado Revised Statutes, 42-4-1307, amend (10) (d) as follows: 42-4-1307. Penalties for traffic offenses involving alcohol and drugs - repeal. (10) Additional costs and surcharges. In addition to the penalties prescribed in this section: (d) (I) Persons convicted of DUI, DUI per se, and DWAI are subject to a surcharge of at least one dollar but no more than ten dollars for programs to fund efforts to address alcohol and substance abuse substance misuse and substance use disorder problems among persons in rural areas. The surcharge shall be mandatory, and the court shall not have discretion to suspend or waive the surcharge; except that the court may suspend or waive the surcharge if the court determines that a person is indigent. Any moneys collected for the surcharge shall be transmitted to the state treasurer, who shall credit the same to the rural alcohol and substance abuse substance use disorders cash fund created in section 27-80-117 section 27-80-123 (3), C.R.S. (II) This paragraph (d) is repealed, effective July 1, 2016, unless the general assembly extends the repeal of the rural alcohol and substance abuse substance use disorders prevention and treatment program created in section 27-80-117 section 27-80-123, C.R.S. SECTION 62. In Colorado Revised Statutes, 42-4-1701, amend (4) (f) as follows: 42-4-1701. Traffic offenses and infractions classified - penalties - penalty and surcharge schedule - repeal. (4) (f) (I) In addition to the surcharge specified in sub-subparagraph (N) of subparagraph (I) of paragraph (a) of this subsection (4), an additional surcharge of five dollars shall be assessed for a violation of section 42-4-1301 (2) (a.5). Moneys collected pursuant to this paragraph (f) shall be transmitted to the state treasurer who shall deposit such moneys in the rural alcohol and substance abuse substance use disorders cash fund created in section 27-80-117 section 27-80-123 (3), C.R.S., within fourteen days after the end of each quarter, to be used for the purposes set forth in section 27-80-117 section 27-80-123, C.R.S. (II) If the additional surcharge is collected by a county court, the additional surcharge shall be six dollars of which one dollar shall be retained by the county and the remaining five dollars shall be transmitted to the state treasurer and credited to the rural alcohol and substance abuse substance use disorders cash fund created in section 27-80-117 section 27-80-123, C.R.S., within fourteen days after the end of each quarter, to be used for the purposes set forth in section 27-80-117 section 27-80-123, C.R.S. (III) This paragraph (f) is repealed, effective July 1, 2016, unless the general assembly extends the repeal of the rural alcohol and substance abuse substance use disorders prevention and treatment program created in section 27-80-117 section 27-80-123, C.R.S. SECTION 63. Effective date. This act takes effect January 1, 2015; except that section 2 takes effect July 1, 2014. SECTION 64. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.