§ 28-5-220 — Certification or commitment to veterans administration

(1)
When, in any proceeding under the laws of this state for the commitment or
certification of a person alleged to have a mental health disorder or otherwise be in
need of confinement in a hospital or other institution for his or her proper care, it is
determined after such adjudication of the status of such person as may be required
by law that commitment or certification to a hospital for treatment of mental health
disorders or other institution is necessary for safekeeping or treatment and it
appears that the person is eligible for care or treatment by the veterans
administration, the court, upon receipt of a certificate from the veterans
administration showing that facilities are available and that the person is eligible
for care or treatment therein, may commit or certify the person to the veterans
administration. Upon commitment or certification, the person, when admitted to any
facility operated by such agency within or without this state, is subject to the rules
and regulations of the veterans administration. The chief officer of any facility of
the veterans administration to which the person is committed or certified, with
respect to the person committed or certified, is vested with the same powers as
superintendents of state hospitals for mental health disorders within this state with
respect to retention of custody, transfer, parole, or discharge as restored to reason.

(2) The judgment or order of certification or commitment by a court of
competent jurisdiction of another state or of the District of Columbia certifying or
committing a person to the veterans administration for care or treatment has the
same force and effect as to the person while in this state as in the jurisdiction in
which the court entering the judgment or making the order is situated; and the
courts of the certifying or committing state or of the District of Columbia are
deemed to have retained jurisdiction of the person so certified or committed for the
purpose of inquiring into the person's mental health and of determining the
necessity for continuance of his or her restraint. Consent is given to the application
of the law of the certifying or committing state or district in respect to the authority
of the chief officer of any facility of the veterans administration to retain custody or
transfer, parole, or discharge the person.

(3) Upon receipt of a certificate of the veterans administration that facilities
are available for the care or treatment of any person committed or certified to any
hospital for persons with mental health disorders or other institution for the care or
treatment of persons similarly afflicted and that the person is eligible for care or
treatment, the court having jurisdiction may cause him or her to be transferred to
the veterans administration for care or treatment. Any person transferred as
provided in this section is deemed to be committed or certified to the veterans
administration for all purposes as provided in subsection (1) of this section as on
original commitment or certification.

Legislative History

Source: L. 45: p. 659, � 19. CSA: C. 150, � 55 (19). CRS 53: � 143-3-19. C.R.S. 1963: � 144-3-19. L. 2002: (1) and (2) amended, p. 624, � 136, effective May 24. L. 2017: (1) and (3) amended, (SB 17-242), ch. 263, p. 1377, � 297, effective May 25. L. 2020: (2) amended, (SB 20-136), ch. 70, p. 285, � 14, effective September 14.