NOTE: The governor signed this measure on 4/24/2015.
      
      
      HOUSE BILL 15-1269
      
      
      BY REPRESENTATIVE(S) McCann and Ginal, Landgraf, Becker K.,
      Esgar, Fields, Garnett, Kraft-Tharp, Lebsock, Lontine, Melton, Moreno,
      Pettersen, Primavera, Rosenthal, Ryden, Vigil, Williams, Young;
      also SENATOR(S) Grantham, Aguilar, Guzman, Lambert, Lundberg,
      Marble, Martinez Humenik, Merrifield, Newell, Steadman, Todd.
      
      
      Concerning the transfer of persons who cannot be safely
           confined in their current facility between a department of
           corrections facility and a facility operated by the
           department of human services.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 17-23-101, amend (1)
      and (3) as follows:
      
           17-23-101.  Transfer of an inmate who has a mental illness or a
      developmental disability. (1) (a)  The executive director, in coordination
      with the executive director of the department of human services, is
      empowered to may only transfer an inmate who has a mental illness or
      developmental disability and who cannot be safely confined in a
      correctional facility to an appropriate facility operated by the department
      of human services for observation and stabilization if the department of
      corrections follows the policy established pursuant to
      paragraph (b) of this subsection (1). The costs associated with care
      provided in the facility operated by the department of human services shall
      continue to be are charged to the department of human services.
      
           (b)  On or before August 1, 2015, the department of
      corrections shall develop and maintain a policy that provides for
      due process guarantees prior to the transfer of an inmate who
      cannot be safely confined in a correctional facility to a facility
      operated by the department of human services for observation
      and stabilization.
      
           (3)  Except when a The executive director of the department
      of human services may transfer to a correctional facility a
      person who is receiving care at the Colorado mental health
      institute at Pueblo or Fort Logan only if the person is serving a
      sentence to the department. concurrently with a commitment to the
      department of human services. a person who is adjudged to have a mental
      illness by a court of competent jurisdiction shall not be transferred to any
      correctional facility, except upon a finding that the person is so dangerous
      that he or she cannot be safely confined in the Colorado mental health
      institute at Pueblo or Fort Logan. A hearing on the dangerousness of the
      patient shall be conducted pursuant to the provisions of section 17-23-103.
      
           SECTION 2.  In Colorado Revised Statutes, amend 17-23-102 as
      follows:
      
           17-23-102.  Transfer of recovered inmate. When the
      superintendent of any an institution or facility in which any a person has
      been placed by transfer from a correctional facility, as provided in section
      17-23-101, is of the opinion that said the person is stabilized or cannot
      be safely confined in the institution or facility, it is the duty of said
      the superintendent to give written notice of such recovery or safety
      concerns to the executive director who shall transfer said the person to
      the place of former commitment for the purpose of serving out said
      person's his or her sentence, if the same has not expired.
      
           SECTION 3.  In Colorado Revised Statutes, repeal 17-23-103.
      
           SECTION 4.  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.
      
      
      
      
      ________________________________________________________
      Dickey Lee Hullinghorst                Bill L. Cadman
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO