HOUSE 3rd Reading Unamended April 28, 2014 HOUSE 2nd Reading Unamended April 25, 2014Second Regular Session Sixty-ninth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 14-1054.03 Jane Ritter x4342 HOUSE BILL 14-1386 HOUSE SPONSORSHIP Kraft-Tharp and Gardner, SENATE SPONSORSHIP Johnston and Hill, House Committees Senate Committees Health, Insurance, & Environment A BILL FOR AN ACT Concerning conforming definitions in section 27-65-102, C.R.S., to task force recommendations. 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 adds revised definitions for "danger to self or others" and "gravely disabled". The term "imminent" is removed from "imminent danger" to conform with the new definitions. 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 toward 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 behaviors 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, 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 shall not include a person whose decision-making capabilities are limited solely by his or her developmental disability. SECTION 4. 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 5. Effective date. This act takes effect January 1, 2015; except that sections 2, 5, and 6 take effect July 1, 2014. SECTION 6. 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.