(1)Upon conviction
of any offense pursuant to part 4 of article 18 of this title 18 for a material,
compound, mixture, or preparation that contains any amount of fentanyl,
carfentanil, benzimidazole opiate, or an analog thereof as described in section 18-18-204 (2)(g), the court shall require a substance abuse assessment pursuant to
section 18-1.3-209. The substance abuse assessment must include information
regarding the person's history of substance use, specifically the use of fentanyl,
carfentanil, benzimidazole opiate, or any analog thereof; the person's amenability to
treatment; and the level of treatment, if any, necessary to address the person's
substance use disorder to be provided during the person's probation or deferred
judgment supervision.
(2)If the substance abuse
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(1) Upon conviction
of any offense pursuant to part 4 of article 18 of this title 18 for a material,
compound, mixture, or preparation that contains any amount of fentanyl,
carfentanil, benzimidazole opiate, or an analog thereof as described in section 18-18-204 (2)(g), the court shall require a substance abuse assessment pursuant to
section 18-1.3-209. The substance abuse assessment must include information
regarding the person's history of substance use, specifically the use of fentanyl,
carfentanil, benzimidazole opiate, or any analog thereof; the person's amenability to
treatment; and the level of treatment, if any, necessary to address the person's
substance use disorder to be provided during the person's probation or deferred
judgment supervision.
(2) If the substance abuse assessment described in subsection (1) of this
section recommends community-based treatment, the person shall complete the
assessed level of treatment consistent with the provisions of section 18-1.3-209.
(3) (a) If the substance abuse assessment described in subsection (1) of this
section recommends as a condition of probation placement in a residential
treatment facility for treatment of an addiction that includes fentanyl, carfentanil,
benzimidazole opiate, or an analog thereof, the court shall order residential
treatment as a condition of probation. The residential treatment facility must be
approved by the behavioral health administration in the department of human
services and designed for treatment of an addiction that includes fentanyl,
carfentanil, benzimidazole opiate, or an analog thereof. Placement in a residential
program as a condition of probation is limited to the period of time that the
placement is clinically necessary. The residential placement costs must be paid
from the correctional treatment cash fund, existing pursuant to section 18-19-103
(4), for a person on probation and is determined by the court to be indigent, is
represented by court-appointed counsel, or is otherwise unable to afford the cost of
the placement.
(b) Notwithstanding subsection (3)(a) of this section to the contrary, the
court may order non-residential treatment as a condition of probation if the court
makes findings on the record that a residential treatment facility does not exist, is
not accessible for the person within a reasonable period of time, or non-residential
treatment is available to address the person's treatment needs.
(4) A person, regardless of whether the person is receiving treatment in a
community-based or residential treatment facility pursuant to subsection (2) or (3)
of this section, must complete the fentanyl education program developed by the
behavioral health administration pursuant to section 27-80-128. The fentanyl
education program must include information regarding the nature and addictive
elements of synthetic opiates, their dangers to a person's life and health, access to
and administration of opioid antagonists and non-laboratory synthetic opiate
detection tests, and laws regarding synthetic opiates, including criminal penalties
and immunity for reporting an overdose event pursuant to section 18-1-711. The
fentanyl education program costs must be paid from the correctional treatment
cash fund, existing pursuant to section 18-19-103 (4), for a person on probation and
who is determined by the court to be indigent, is represented by court-appointed
counsel, or is otherwise unable to afford the cost of placement.