Colorado Legislative Council Staff

STATENO FISCAL IMPACT

TITLE:            CONCERNING THE PROTECTION OF PERSONS FROM RESTRAINT.

Summary of Assessment

            The bill establishes minimum standards for the use of restraint on persons in certain state agency facilities, and includes the following provisions:

            •   identifies the circumstances under which an agency may use restraint;

            •   excludes certain facilities and lawful restraint of certain persons;

            •   specifies the duties of any agency when applying restraint;

            •   requires agency staff to be trained in the use of restraint;

            •   requires agencies to document the circumstances surrounding the use of any type of restraint;

            •   provides a review process for the use of restraint; and

            •   requires agencies to adopt rules for the procedure of using restraint.

            The bill is effective upon signature of the Governor.

            The bill is assessed as having no fiscal impact. The departments canvassed for a response on this proposed legislation have indicated that its their agencies are in compliance with the bill's requirements. In essence, this bill codifies current practice in the use of restraint. Additionally, any administrative costs incurred in the promulgation of rules would be minimal and can be absorbed within existing resources. The bill is effective upon signature of the Governor. Therefore, the bill is assessed as having no fiscal impact.

Departments Contacted

            Health Care Policy and Financing

            Human Services

            Local Affairs

            Public Health and Environment