House Bill 26-1063 Introduced

A Bill for an Act

• Page 1, Line 101Concerning treating individuals with a behavioral health

• Page 1, Line 102disorder, and, in connection therewith, reimbursing

• Page 1, Line 103licensed providers who administer medication-assisted

• Page 1, Line 104treatment and providing protections related to secure

• Page 1, Line 105transportation for persons experiencing a behavioral

• Page 1, Line 106health crisis.

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://leg.colorado.gov/.)

Legislative Oversight Committee Concerning the Treatment of Persons with Behavioral Health Disorders in the Criminal and Juvenile Justice Systems. Current law requires the department of health care policy and financing to provide medicaid reimbursement to opioid treatment programs for administering medication-assisted treatment (MAT) in a jail setting. Section 1 of the bill expands medicaid reimbursement to include licensed providers who administer MAT in a jail setting.

Current law excludes personnel employed by or contracted with a law enforcement agency from the definition of "secure transportation". Section 2 removes this exclusion to allow entities that contract with law enforcement agencies to provide secure transportation.

Sections 3 and 4 transfer the licensing authority for secure transportation providers from the counties to the department of public health and environment beginning January 1, 2027.

Sections 6 through 10 make changes to the secure transportation requirements and petition filing requirements related to emergency mental health holds and short-term and long-term certifications, including:

• Expanding the transportation provider types that may be contacted for assistance in detaining and transporting a person to a facility for an emergency mental health hold to include a behavioral health crisis response team, a private ambulance service provider, a private emergency medical services provider, and a secure transportation provider;
• Requiring a certified peace officer to advise the person being taken into protective custody that the person is not under arrest and has not committed a crime;
• Requiring the petition for a court-ordered evaluation to include any known history of the respondent's history of assault or possession of weapons and whether the respondent has a prior history of an emergency mental health hold or short-term or long-term certification; and
• Creating a right for a person detained for an emergency mental health hold to not be transported by a certified peace officer if an alternative secure transportation option is available.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 25.5-4-505.5, amend

• Page 2, Line 3(5) as follows:

• Page 2, Line 425.5-4-505.5.  Federal authorization related to persons involved

• Page 2, Line 5in the criminal justice system - report - rules - legislative declaration.

• Page 3, Line 1(5) (a)  The state department shall only reimburse an opioid

• Page 3, Line 2treatment program, as defined in section 27-80-203, a provider

• Page 3, Line 3licensed and authorized to prescribe, dispense, compound, or

• Page 3, Line 4administer medication-assisted treatment for administering

• Page 3, Line 5medication-assisted treatment in a jail setting. At a minimum, an opioid

• Page 3, Line 6treatment program that administers medication-assisted treatment shall:

• Page 3, Line 7(I)  Employ a physician medical director;

• Page 3, Line 8(II)  Ensure the individual receiving medication-assisted treatment

• Page 3, Line 9undergoes a minimum observation period after receiving

• Page 3, Line 10medication-assisted treatment as determined by behavioral health

• Page 3, Line 11administration rule pursuant to section 27-80-204; and

• Page 3, Line 12(III)  Meet all critical incident reporting requirements as

• Page 3, Line 13determined by behavioral health administration rule pursuant to section

• Page 3, Line 1427-80-204.

• Page 3, Line 15(b)  The state department shall ensure as part of the state

• Page 3, Line 16department's quality oversight that opioid treatment programs that

• Page 3, Line 17licensed providers who administer medication-assisted treatment in a

• Page 3, Line 18jail setting maintain emergency policies and procedures that address

• Page 3, Line 19adverse outcomes.

• Page 3, Line 20SECTION 2.  In Colorado Revised Statutes, 25-3.5-103, amend

• Page 3, Line 21(11.4)(c) as follows:

• Page 3, Line 2225-3.5-103.  Definitions.

• Page 3, Line 23As used in this article 3.5, unless the context otherwise requires:

• Page 3, Line 24(11.4) (c)  "Secure transportation" does not include urgent

• Page 3, Line 25transportation services provided by law enforcement or personnel

• Page 3, Line 26employed by or contracted with a law enforcement agency to individuals

• Page 3, Line 27experiencing a behavioral health crisis; except that any member of a

• Page 4, Line 1co-responder team who is not law enforcement or personnel employed by

• Page 4, Line 2or contracted with a law enforcement agency and who holds a valid

• Page 4, Line 3license for secure transportation by the county in which the secure

• Page 4, Line 4transportation originates, in a vehicle with a valid permit issued by the

• Page 4, Line 5county in which the secure transportation originates, and which meets the

• Page 4, Line 6minimum requirements for secure transportation established by rule

• Page 4, Line 7pursuant to section 25-3.5-311 may provide urgent secure transportation

• Page 4, Line 8services.

• Page 4, Line 9SECTION 3.  In Colorado Revised Statutes, 25-3.5-309, amend

• Page 4, Line 10(1)(a) as follows:

• Page 4, Line 1125-3.5-309.  Secure transportation - license required - fees -

• Page 4, Line 12exceptions.

• Page 4, Line 13(1) (a)  After January 1, 2023 January 1, 2027, an entity shall not

• Page 4, Line 14provide public or private secure transportation services, as defined in

• Page 4, Line 15section 25-3.5-103 (11.4), in this state unless that the entity holds a valid

• Page 4, Line 16license issued by the board of county commissioners of the county

• Page 4, Line 17department and the entity has obtained authorization to

• Page 4, Line 18operate from the local licensing authority for the county or

• Page 4, Line 19city and county in which the secure transportation service is based;

• Page 4, Line 20except that entities described in subsection (2) of this section may provide

• Page 4, Line 21secure transportation services.

• Page 4, Line 22SECTION 4.  In Colorado Revised Statutes, 25-3.5-310, amend

• Page 4, Line 23(1) and (2) as follows:

• Page 4, Line 2425-3.5-310.  Secure transportation - issuance of licenses and

• Page 4, Line 25permits - term - requirements.

• Page 4, Line 26(1) (a)  After receipt of an original application for a license to

• Page 4, Line 27provide public or private secure transportation services, the board of

• Page 5, Line 1county commissioners of the county in which the secure transportation

• Page 5, Line 2service is based department shall review the application, the applicant's

• Page 5, Line 3record, and the applicant's equipment, as well as the applicant's training

• Page 5, Line 4and operating procedures. In order to be approved for a license, the

• Page 5, Line 5applicant must provide evidence that the applicant's equipment and

• Page 5, Line 6training and operating procedures meet or exceed the minimum

• Page 5, Line 7requirements established by the state board of health pursuant to section

• Page 5, Line 825-3.5-311. The board of county commissioners of any county may

• Page 5, Line 9impose, by resolution, additional requirements for secure transportation

• Page 5, Line 10that is based in that county.

• Page 5, Line 11(b)  If an applicant is approved pursuant to subsection (1)(a) of this

• Page 5, Line 12section, the board of county commissioners of the county in which the

• Page 5, Line 13secure transportation service is based department shall issue a license,

• Page 5, Line 14valid for three years, to the applicant to provide secure transportation

• Page 5, Line 15services. The board of county commissioners of the county in which the

• Page 5, Line 16secure transportation service is based shall also issue a permit, valid for

• Page 5, Line 17twelve months after the date of issuance, for each vehicle used by the

• Page 5, Line 18licensee if the vehicles and equipment meet or exceed the minimum

• Page 5, Line 19requirements established by the state board of health pursuant to section

• Page 5, Line 2025-3.5-311.

• Page 5, Line 21(2)  Any license or permit issued pursuant to this section, unless

• Page 5, Line 22revoked by the department or board of county commissioners of the

• Page 5, Line 23county in which the secure transportation service is based, may be

• Page 5, Line 24renewed by filing an application, as applicable for an original license or

• Page 5, Line 25permit. Applications for permit renewal must be filed annually, but not

• Page 5, Line 26less than thirty days before the date the permit expires.

• Page 5, Line 27SECTION 5.  In Colorado Revised Statutes, 27-65-102, add

• Page 6, Line 1(30.5) as follows:

• Page 6, Line 227-65-102.  Definitions.

• Page 6, Line 3As used in this article 65, unless the context otherwise requires:

• Page 6, Line 4(30.5)  "Secure transport personnel" means the following

• Page 6, Line 5personnel in order of priority:

• Page 6, Line 6(a)  A secure transportation provider;

• Page 6, Line 7(b)  A behavioral health crisis response team;

• Page 6, Line 8(c)  A private ambulance provider; or

• Page 6, Line 9(d)  A private emergency medical services provider.

• Page 6, Line 10SECTION 6.  In Colorado Revised Statutes, 27-65-106, amend

• Page 6, Line 11(1)(a), (2), (4)(a)(III), (4)(a)(IV), (4)(a)(V), (4)(d), (10)(a)(XVI), and

• Page 6, Line 12(10)(a)(XVII); and add (4)(a)(VI), (8)(f), and (10)(a)(XVIII) as follows:

• Page 6, Line 1327-65-106.  Emergency mental health hold - screening -

• Page 6, Line 14court-ordered evaluation - discharge instructions - respondent's

• Page 6, Line 15rights.

• Page 6, Line 16(1)  An emergency mental health hold may be invoked under one

• Page 6, Line 17of the following conditions:

• Page 6, Line 18(a) (I)  When a certified peace officer has probable cause to

• Page 6, Line 19believe a person has a mental health disorder and, as a result of the mental

• Page 6, Line 20health disorder, is an imminent danger to the person's self or others or is

• Page 6, Line 21gravely disabled, the certified peace officer may take the person into

• Page 6, Line 22protective custody and transport the person to a facility designated by the

• Page 6, Line 23commissioner for an emergency mental health hold. If such a facility is

• Page 6, Line 24not available, the certified peace officer may transport the person to an

• Page 6, Line 25emergency medical services facility. To the extent possible, the

• Page 6, Line 26certified peace officer shall advise the person that the peace

• Page 6, Line 27officer is taking the person into protective custody and

• Page 7, Line 1transporting the person to a facility for an emergency mental

• Page 7, Line 2health hold and that the person is not under arrest and has not

• Page 7, Line 3committed a crime. The certified peace officer may request assistance

• Page 7, Line 4from a behavioral health crisis response team for assistance in detaining

• Page 7, Line 5and transporting the person or an emergency medical services provider in

• Page 7, Line 6transporting the person; or secure transport personnel for

• Page 7, Line 7assistance in transporting the person.

• Page 7, Line 8(II)  When an intervening professional reasonably believes that a

• Page 7, Line 9person appears to have a mental health disorder and, as a result of the

• Page 7, Line 10mental health disorder, appears to be an imminent danger to the person's

• Page 7, Line 11self or others or appears to be gravely disabled, the intervening

• Page 7, Line 12professional may cause the person to be taken into protective custody and

• Page 7, Line 13transported to a facility designated by the commissioner for an emergency

• Page 7, Line 14mental health hold. If such a facility is not available, the certified peace

• Page 7, Line 15officer may transport the person to an emergency medical services

• Page 7, Line 16facility. If reasonable, the intervening professional may shall request

• Page 7, Line 17assistance from a certified peace officer, a secure transportation provider,

• Page 7, Line 18or a behavioral health crisis response team secure transport

• Page 7, Line 19personnel for assistance in detaining and transporting the person. or

• Page 7, Line 20assistance from an emergency medical services provider in transporting

• Page 7, Line 21the person. If the intervening professional determines that

• Page 7, Line 22transportation by a certified peace officer is required, the

• Page 7, Line 23intervening professional shall request transportation

• Page 7, Line 24assistance from a peace officer and document and articulate

• Page 7, Line 25the reasoning for the determination. If such a facility is not

• Page 7, Line 26available, the certified peace officer may transport the person

• Page 7, Line 27to an emergency medical services facility.

• Page 8, Line 1(2)  When a person is taken into custody pursuant to subsection (1)

• Page 8, Line 2of this section, the person must not be detained in a jail, lockup, or other

• Page 8, Line 3place used for the confinement of persons charged with or convicted of

• Page 8, Line 4penal offenses. Unless otherwise required by law, a certified peace officer

• Page 8, Line 5may transport the person to an emergency medical services facility or

• Page 8, Line 6facility designated by the commissioner even if a warrant has been issued

• Page 8, Line 7for the person's arrest if the certified peace officer believes it is in the best

• Page 8, Line 8interest of the person. The person must not be held on an emergency

• Page 8, Line 9mental health hold for longer than seventy-two hours after the hold is

• Page 8, Line 10placed or ordered. Nothing in this section prohibits an emergency medical

• Page 8, Line 11services facility or an ambulance service provider from involuntarily

• Page 8, Line 12holding the person in order to stabilize the person as required pursuant to

• Page 8, Line 13the federal "Emergency Medical Treatment and Labor Act", 42 U.S.C.

• Page 8, Line 14sec. 1395dd, or if the treating professional determines that the individual's

• Page 8, Line 15physical or mental health disorder impairs the person's ability to make an

• Page 8, Line 16informed decision to refuse care and the provider determines that further

• Page 8, Line 17care is indicated.

• Page 8, Line 18(4) (a)  The petition for a court-ordered evaluation filed pursuant

• Page 8, Line 19to subsection (1)(b) of this section must contain the following:

• Page 8, Line 20(III)  Allegations of fact indicating that the respondent may have

• Page 8, Line 21a mental health disorder and, as a result of the mental health disorder, be

• Page 8, Line 22a danger to the respondent's self or others or be gravely disabled and

• Page 8, Line 23showing reasonable grounds to warrant an evaluation, including any

• Page 8, Line 24known history of assault or possession of weapons;

• Page 8, Line 25(IV)  The name and address of every person known or believed by

• Page 8, Line 26the petitioner to be legally responsible for the care, support, and

• Page 8, Line 27maintenance of the respondent, if available; and

• Page 9, Line 1(V)  The name, address, and telephone number of the attorney, if

• Page 9, Line 2any, who has most recently represented the respondent; and

• Page 9, Line 3(VI)  The respondent's prior history of an emergency

• Page 9, Line 4mental health hold or short-term or long-term certification,

• Page 9, Line 5if known.

• Page 9, Line 6(d)  Whenever it appears, by petition and screening pursuant to this

• Page 9, Line 7section, to the satisfaction of the court that probable cause exists to

• Page 9, Line 8believe that the respondent has a mental health disorder and, as a result

• Page 9, Line 9of the mental health disorder, is a danger to the respondent's self or others

• Page 9, Line 10or is gravely disabled and that efforts have been made to secure the

• Page 9, Line 11cooperation of the respondent but the respondent has refused or failed to

• Page 9, Line 12accept evaluation voluntarily, the court shall issue an order for evaluation

• Page 9, Line 13authorizing a certified peace officer or secure transportation provider to

• Page 9, Line 14take the respondent into custody and secure transport personnel to

• Page 9, Line 15transport the respondent to a facility designated by the commissioner for

• Page 9, Line 16an emergency mental health hold. If the court determines that

• Page 9, Line 17secure transport personnel are not available to transport the

• Page 9, Line 18respondent to a designated facility, the court may order a

• Page 9, Line 19certified peace officer to take the respondent into custody and

• Page 9, Line 20transport the respondent to the designated facility. A copy of

• Page 9, Line 21the petition and order for evaluation must be given to the

• Page 9, Line 22secure transport personnel or certified peace officer as soon as

• Page 9, Line 23possible but no later than twenty-four hours after the order is

• Page 9, Line 24issued. At the time the respondent is taken into custody, a copy of the

• Page 9, Line 25petition and the order for evaluation must be given to the respondent and

• Page 9, Line 26promptly thereafter to the one lay person designated by the respondent

• Page 9, Line 27and to the person in charge of the facility named in the order or the

• Page 10, Line 1respondent's designee. If the respondent refuses to accept a copy of the

• Page 10, Line 2petition and the order for evaluation, such refusal must be documented in

• Page 10, Line 3the petition and the order for evaluation.

• Page 10, Line 4(8) (f)  The facility may disclose the disposition of the

• Page 10, Line 5person detained for an emergency mental health hold to law

• Page 10, Line 6enforcement.

• Page 10, Line 7(10) (a)  A person detained for an emergency mental health hold

• Page 10, Line 8pursuant to this section has the following rights:

• Page 10, Line 9(XVI)  To have personal privacy to the extent possible during the

• Page 10, Line 10course of treatment; and

• Page 10, Line 11(XVII)  To have the ability to meet with visitors in accordance

• Page 10, Line 12with the facility's current visitor guidelines; and

• Page 10, Line 13(XVIII)  To not be transported by a certified peace officer

• Page 10, Line 14if an alternative secure transportation option is available.

• Page 10, Line 15SECTION 7.  In Colorado Revised Statutes, 27-65-107, amend

• Page 10, Line 16(2) as follows:

• Page 10, Line 1727-65-107.  Emergency transportation - application - screening

• Page 10, Line 18- respondent's rights.

• Page 10, Line 19(2)  When a person is transported against the person's will pursuant

• Page 10, Line 20to subsection (1) of this section, the facility shall require an application,

• Page 10, Line 21in writing, stating the circumstances under which the person's condition

• Page 10, Line 22was called to the attention of the certified peace officer or emergency

• Page 10, Line 23medical services provider and further stating sufficient facts, obtained

• Page 10, Line 24from personal observations or obtained from others whom the certified

• Page 10, Line 25peace officer or emergency medical services provider reasonably believes

• Page 10, Line 26to be reliable, to establish that the person is experiencing a behavioral

• Page 10, Line 27health crisis or is gravely disabled and, as a result, it is believed that

• Page 11, Line 1without professional intervention the person may be a danger to the

• Page 11, Line 2person's self or others. The application must indicate the name of the

• Page 11, Line 3person, and the time the person was transported, and, if applicable, the

• Page 11, Line 4reason why an alternative to a certified peace officer was not

• Page 11, Line 5used when transporting the person. A copy of the application must

• Page 11, Line 6be furnished to the person being transported.

• Page 11, Line 7SECTION 8.  In Colorado Revised Statutes, 27-65-109, amend

• Page 11, Line 8(8) as follows:

• Page 11, Line 927-65-109.  Certification for short-term treatment - procedure.

• Page 11, Line 10(8)  Whenever it appears to the court, by reason of a report by the

• Page 11, Line 11treating professional person or the BHA or any other report satisfactory

• Page 11, Line 12to the court, that a respondent detained for evaluation and treatment or

• Page 11, Line 13certified for short-term treatment should be transferred to another facility

• Page 11, Line 14for treatment and the safety of the respondent or the public requires that

• Page 11, Line 15the respondent be transported by a secure transportation provider, or a law

• Page 11, Line 16enforcement agency, the court may issue an order directing the law

• Page 11, Line 17enforcement agency where the respondent resides or a secure

• Page 11, Line 18transportation provider to deliver the respondent to the designated facility.

• Page 11, Line 19If the court determines that a secure transportation provider

• Page 11, Line 20is not available to transport the respondent to the designated

• Page 11, Line 21facility, the court may issue an order directing the law

• Page 11, Line 22enforcement agency where the respondent resides to transport

• Page 11, Line 23the respondent to the designated facility.

• Page 11, Line 24SECTION 9.  In Colorado Revised Statutes, 27-65-110, amend

• Page 11, Line 25(6) as follows:

• Page 11, Line 2627-65-110.  Long-term care and treatment of persons with

• Page 11, Line 27mental health disorders - procedure.

• Page 12, Line 1(6)  A respondent certified for long-term care and treatment may

• Page 12, Line 2be discharged from the facility upon the signature of the treating

• Page 12, Line 3professional person and medical director of the facility, and the facility

• Page 12, Line 4shall notify the BHA prior to the respondent's discharge. The facility shall

• Page 12, Line 5make the respondent's discharge instructions available to the respondent,

• Page 12, Line 6the respondent's attorney, the respondent's lay person, and the

• Page 12, Line 7respondent's legal guardian, if applicable, within one week after

• Page 12, Line 8discharge, if requested. A facility that is transferring a respondent to a

• Page 12, Line 9different facility or to an outpatient program shall provide all treatment

• Page 12, Line 10records to the facility or provider accepting the respondent at least

• Page 12, Line 11twenty-four hours prior to the transfer. If the treating professional

• Page 12, Line 12or medical director of the facility determines the safety of the

• Page 12, Line 13respondent requires that the respondent be transported by a

• Page 12, Line 14secure transportation provider, the facility shall attempt to

• Page 12, Line 15utilize any available transportation provider prior to

• Page 12, Line 16requesting transportation by a law enforcement agency.

• Page 12, Line 17SECTION 10.  In Colorado Revised Statutes, 27-65-111, amend

• Page 12, Line 18(3), (6)(i), and (6)(j); and add (6)(k) as follows:

• Page 12, Line 1927-65-111.  Certification on an outpatient basis - short-term

• Page 12, Line 20and long-term care.

• Page 12, Line 21(3)  The facility responsible for providing services to a respondent

• Page 12, Line 22on a certification on an outpatient basis shall proactively reach out to the

• Page 12, Line 23respondent to engage the respondent in treatment. If the respondent

• Page 12, Line 24refuses treatment or court-ordered medication and is decompensating

• Page 12, Line 25psychiatrically and the court determines that an alternative to

• Page 12, Line 26law enforcement for secure transportation does not exist or is

• Page 12, Line 27not available within a reasonable amount of time, the court may

• Page 13, Line 1order a certified peace officer or secure transportation provider to

• Page 13, Line 2transport the respondent to an appropriate, least restrictive designated

• Page 13, Line 3facility in collaboration with the BHA and the provider holding the

• Page 13, Line 4certification. The respondent does not need to be imminently dangerous

• Page 13, Line 5to the respondent's self or others for the provider to request, and the court

• Page 13, Line 6to order, transportation to a facility for the respondent to receive treatment

• Page 13, Line 7and court-ordered medications. The facility responsible for providing

• Page 13, Line 8services to a respondent on a certification on an outpatient basis shall

• Page 13, Line 9provide the court information on the facility's proactive outreach to the

• Page 13, Line 10respondent and the professional person's and psychiatric advanced

• Page 13, Line 11practice registered nurse's basis for medical opinion, and what

• Page 13, Line 12alternatives to law enforcement for secure transportation

• Page 13, Line 13exist. If a certified peace officer is ordered to take the

• Page 13, Line 14respondent into custody and transport the respondent, the

• Page 13, Line 15court shall notify the certified peace officer of any known prior

• Page 13, Line 16history of an emergency mental health hold or short-term or

• Page 13, Line 17long-term certification, or any known prior history related to

• Page 13, Line 18assault or possession of a weapon.

• Page 13, Line 19(6)  A respondent subject to a short-term or long-term certification

• Page 13, Line 20on an outpatient basis has the following rights, in addition to those

• Page 13, Line 21enumerated in section 27-65-119:

• Page 13, Line 22(i)  To have access to a representative within the facility who

• Page 13, Line 23provides assistance to file a grievance; and

• Page 13, Line 24(j)  To have the right to file a motion with the court at any time to

• Page 13, Line 25contest the certification; and

• Page 13, Line 26(k)  To not be transported by a certified peace officer if an

• Page 13, Line 27alternative secure transportation option is available.

• Page 14, Line 1SECTION 11.  Act subject to petition - effective date. This act

• Page 14, Line 2takes effect at 12:01 a.m. on the day following the expiration of the

• Page 14, Line 3ninety-day period after final adjournment of the general assembly (August

• Page 14, Line 412, 2026, if adjournment sine die is on May 13, 2026); except that, if a

• Page 14, Line 5referendum petition is filed pursuant to section 1 (3) of article V of the

• Page 14, Line 6state constitution against this act or an item, section, or part of this act

• Page 14, Line 7within such period, then the act, item, section, or part will not take effect

• Page 14, Line 8unless approved by the people at the general election to be held in

• Page 14, Line 9November 2026 and, in such case, will take effect on the date of the

• Page 14, Line 10official declaration of the vote thereon by the governor.