§ 16-11.5-102 — Substance abuse assessment - standardized procedure

Colorado § 16-11.5-102

• Jurisdiction: Colorado
• Title 16: Criminal
• Art.: Substance Abuse in the

Text

(1)
The judicial department, the department of corrections, the state board of parole,
the division of criminal justice of the department of public safety, and the
department of public health and environment shall cooperate to develop and
implement the following:

(a) A standardized procedure for the assessment of the use of controlled
substances by offenders, which procedure shall include the administration of a
chemical test of such offender for the presence of controlled substances or
alcohol, or such other test of the offender for the presence of controlled
substances or alcohol as deemed appropriate by the supervising agency. The
assessment procedure developed pursuant to this paragraph (a) shall provide an
evaluation of the extent of an offender's abuse of substances, if any, and
recommend treatment which is appropriate to the needs of the particular offender.

(b) A system of programs for education and treatment of abuse of
substances which can be utilized by offenders who are placed on probation,
incarcerated with the department of corrections, placed on parole, or placed in
community corrections. The programs developed pursuant to this paragraph (b)
shall be as flexible as possible so that such programs may be utilized by each
particular offender to the extent appropriate to that offender. The programs
developed pursuant to this paragraph (b) shall be structured in such a manner that
the programs provide a continuum of education and treatment programs for each
offender as he proceeds through the criminal justice system and may include, but
shall not be limited to, attendance at self-help groups, group counseling, individual
counseling, outpatient treatment, inpatient treatment, day care, or treatment in a
therapeutic community. Also, such programs shall be developed in such a manner
that, to the extent possible, the programs may be accessed by all offenders in the
criminal justice system. Any programs developed pursuant to this paragraph (b)
shall include a system of periodic or random chemical testing for the presence of
controlled substances or alcohol, or such other testing as provided in paragraph (a)
of this subsection (1). The frequency of such testing shall be that which is
appropriate to the particular offender in accordance with the offender's
assessment performed pursuant to paragraph (a) of this subsection (1).

(c) A system of punitive sanctions for offenders who test positive for the use
of substances subsequent to the initial test and after being placed in an education
or treatment program. The sanctions developed pursuant to this paragraph (c)
should allow for appropriate responses by the criminal justice system to each
occurrence of a positive test by an offender, each of which shall become a
permanent part of the offender's record.

(2) to (9) Repealed.

Legislative History

Source: L. 91: Entire article added, p. 437, � 3, effective May 29. L. 94: IP(1) and (3) amended, pp. 2731, 2604, �� 351, 3, effective July 1. L. 2000: (3) amended, p. 491, � 2, effective May 4. L. 2002: (3)(b)(I) amended, p. 1496, � 147, effective October 1. L. 2003: (3)(a) amended and (4) to (9) added, p. 2686, � 5, effective July 1. L. 2009: (9) repealed, (SB 09-292), ch. 369, p. 1947, � 27, effective August 5. L. 2010: (3)(c) added, (HB 10-1352), ch. 259, p. 1171, � 10, effective August 11. L. 2011: (3)(a) amended, (HB 11-1303), ch. 264, p. 1154, � 24, effective August 10. L. 2012: (2), (3), (4), (5), (6), (7), and (8) repealed, (HB 12-1310), ch. 268, p. 1411, � 37, June 7.