§ 18-1.9-101 — Legislative declaration

Colorado § 18-1.9-101

• Jurisdiction: Colorado
• Title 18: Criminal
• Art.: Continuing Examination of the Treatment of Persons

Text

(1) The general assembly finds that:

(a) The United States is in a public health crisis in which persons with
behavioral health needs are neglected, stigmatized, or inadequately supported,
which greatly increases the risk of such persons becoming involved with or
continuing to be involved with the criminal or juvenile justice system;

(b) Persons with behavioral health disorders are disproportionately
represented in the criminal and juvenile justice systems. The prevalence rates
nationally of such individuals entering jail are three times greater than that of the
general population. Bureau of justice statistics data from 2011 through 2012
indicate that half of the people incarcerated in prisons, and two-thirds of those in
jail, have either a current serious psychological distress or a history of behavioral
health concerns.

(c) The department of corrections' data indicate that one out of every three
men and four out of every five women imprisoned in Colorado have a moderate to
severe behavioral health disorder;

(d) The division of youth services' data indicate that fifty-nine percent of
newly committed youth require behavioral health intervention or services, and
nationally, juvenile institutions are ill-equipped to provide a comprehensive array of
such services to meet the needs; and

(e) Large numbers of people with behavioral health disorders are being sent
to secure justice settings instead of receiving community treatment. As a result, the
criminal justice system has become the stopgap provider to address chronic and
acute behavioral health needs in our state.

(2) The general assembly further finds that:

(a) Actions focused on persons who are at risk of entry into the system due
to behavioral health disorders, and actions to help reduce and prevent recidivism
once such individuals are in the system, are critical in addressing the problem;

(b) Research demonstrates a need to divert persons with behavioral health
disorders to treatment programs and to provide wraparound services, such as
housing and continued medical and behavioral health treatment upon release; and

(c) Prevention and intervention needs range from, but are not limited to,
school-based behavioral health services; law enforcement directed diversion;
community screening, assessment, and treatment; secure settings within correction
facilities; and supportive reentry services that are critical components of dignity,
safety, and recovery.

(3) In addition, the general assembly finds that the results of a report
requested by the joint budget committee in 1999 recommended cross-system
collaboration and communication as a method for reducing the number of persons
with mental health disorders who are involved in the criminal and juvenile justice
systems. The committee and task force created by this article 1.9 shall consider the
broader continuum of behavioral health disorders to better account for the needs of
the at-risk population being studied.

(4) Therefore, the general assembly declares that, despite the impact and
reach of the previous work of the legislative oversight committee and task force, a
significant need remains for ongoing innovation to address these and related
issues. The general assembly therefore determines that it is necessary to continue
the legislative oversight committee and task force to examine the identification,
diagnosis, and treatment of persons with behavioral health disorders who are at risk
of involvement or continued involvement with the criminal or juvenile justice
systems and to develop strategies to address the issues such people face.

Legislative History

Source: L. 2022: Entire article R&RE, (SB 22-021), ch. 471, p. 3437, � 1, effective June 8.