A Bill for an Act
Page 1, Line 101Concerning allowing a state-owned psychiatric residential
Page 1, Line 102treatment facility to use a secure perimeter fence.
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.)
The bill permits a state-owned psychiatric residential treatment facility to use a secure perimeter fence around the facility. The bill clarifies that placement of a juvenile in a state-owned psychiatric residential treatment facility is not considered detention and placement in a state-owned psychiatric residential treatment facility is not considered restraint.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 19-1-103, amend (55) as follows:
Page 2, Line 319-1-103. Definitions. As used in this title 19 or in the specified portion of this title 19, unless the context otherwise requires:
Page 2, Line 4(55) "Detention" means the temporary care of a child who requires
Page 2, Line 5secure custody in physically restricting facilities pending court disposition
Page 2, Line 6or an execution of a court order for placement or commitment. The
Page 2, Line 7placement of a juvenile in a state-owned psychiatric residential
Page 2, Line 8treatment facility, as defined in section 26-6-903, is not considered detention.
Page 2, Line 9SECTION 2. In Colorado Revised Statutes, 19-2.5-304, add (4) as follows:
Page 2, Line 1019-2.5-304. Limitations on detention. (4) The placement of
Page 2, Line 11a juvenile in a state-owned psychiatric residential treatment
Page 2, Line 12facility, as defined in section 26-6-903, is not considered detention for the purposes of this section.
Page 2, Line 13SECTION 3. In Colorado Revised Statutes, 25.5-4-103, amend (19.5) as follows:
Page 2, Line 1425.5-4-103. Definitions. As used in this article 4 and articles 5 and 6 of this title 25.5, unless the context otherwise requires:
Page 2, Line 15(19.5) "Psychiatric residential treatment facility" means a facility
Page 2, Line 16that is licensed as a residential child care facility, as defined in section
Page 2, Line 1726-6-903, that is not a hospital, and that provides inpatient psychiatric
Page 2, Line 18services for individuals who are less than twenty-one years of age under
Page 2, Line 19the direction of a physician licensed pursuant to article 240 of title 12, and
Page 3, Line 1that meets any other requirement established in rule by the state board.
Page 3, Line 2"Psychiatric residential treatment facility" includes a
Page 3, Line 3state-owned psychiatric residential treatment facility as defined in section 26-6-903.
Page 3, Line 4SECTION 4. In Colorado Revised Statutes, 26-6-903, amend (32); and add (34.5) as follows:
Page 3, Line 526-6-903. Definitions. As used in this part 9, unless the context otherwise requires:
Page 3, Line 6(32) "Secure residential treatment center" means a facility
Page 3, Line 7operated under private ownership that is licensed by the department
Page 3, Line 8pursuant to this part 9 to provide twenty-four-hour group care and
Page 3, Line 9treatment in a secure setting for five or more children or persons up to the
Page 3, Line 10age of twenty-one years over whom the juvenile court retains jurisdiction
Page 3, Line 11pursuant to section 19-2.5-103 (6) who are committed by a court,
Page 3, Line 12pursuant to an adjudication of delinquency or pursuant to a determination
Page 3, Line 13of guilt of a delinquent act or having been convicted as an adult and
Page 3, Line 14sentenced for an act that would be a crime if committed in Colorado, or
Page 3, Line 15in the committing jurisdiction, to be placed in a secure facility. "Secure
Page 3, Line 16residential treatment center" does not include a state-owned
Page 3, Line 17psychiatric residential treatment facility as defined in subsection (34.5) of this section.
Page 3, Line 18(34.5) "State-owned psychiatric residential treatment
Page 3, Line 19facility" means a psychiatric residential treatment facility, as
Page 3, Line 20defined in section 25.5-4-103, that is operated on state-owned property and may have a secure perimeter fence.
Page 3, Line 21SECTION 5. In Colorado Revised Statutes, 26-6-909, add (9) as
Page 3, Line 22follows:
Page 4, Line 126-6-909. Standards for facilities and agencies - rules. (9) To
Page 4, Line 2ensure compliance with state and federal laws and regulations
Page 4, Line 3related to secure facilities, the state board shall adopt rules
Page 4, Line 4for admission to a state-owned psychiatric residential
Page 4, Line 5treatment facility. The rules must comply with rules adopted by
Page 4, Line 6the state department and rules adopted by the department of
Page 4, Line 7health care policy and financing and the department of public health and environment, as those rules relate to the operation.
Page 4, Line 8SECTION 6. In Colorado Revised Statutes, 26-20-102, add (6)(f) as follows:
Page 4, Line 926-20-102. Definitions. As used in this article 20, unless the context otherwise requires:
Page 4, Line 10(6) "Restraint" means any method or device used to involuntarily
Page 4, Line 11limit freedom of movement, including bodily physical force, mechanical
Page 4, Line 12devices, or chemicals. Restraint must not be used as a form of discipline
Page 4, Line 13or to gain compliance from a student. If property damage might be
Page 4, Line 14involved, restraint may only be used when the destruction of property
Page 4, Line 15could possibly result in bodily harm to the individual or another person.
Page 4, Line 16"Restraint" includes chemical restraint, mechanical restraint, and physical restraint. "Restraint" does not include:
Page 4, Line 17(f) Placement in a state-owned psychiatric residential treatment facility, as defined in section 26-6-903.
Page 4, Line 18SECTION 7. Act subject to petition - effective date. This act
Page 4, Line 19takes effect at 12:01 a.m. on the day following the expiration of the
Page 4, Line 20ninety-day period after final adjournment of the general assembly; except
Page 4, Line 21that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 4, Line 22of the state constitution against this act or an item, section, or part of this
Page 5, Line 1act within such period, then the act, item, section, or part will not take
Page 5, Line 2effect unless approved by the people at the general election to be held in
Page 5, Line 3November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.