Bill Summary

The bill clarifies the legislative intent for establishing a crisis system as the intended comprehensive, appropriate, and preferred response to behavioral health crises in Colorado. By clarifying the role of the crisis system and making necessary enhancements, the bill prepares Colorado to end the use of jails and correctional facilities as placement options for individuals placed on emergency mental health (M-1) holds and enhances the ability of communities to respond to behavioral health crisis. The statewide framework strengthens community partnerships and ensures that first responders are equipped with a variety of adequate options for addressing behavioral health crises in the community.

The bill expands and strengthens the current crisis system in the following ways:

·  Encourages crisis system contractors in each region to develop partnerships with the broad array of crisis intervention services in the region;

·  Deems crisis contractors responsible for community engagement, coordination, and system navigation with key partners to formalize relationships within the regions, develop collaborative programming for services, and coordinate interventions appropriately;

·  Increases the ability of all crisis services facilities, including walk-in centers, acute treatment units, and crisis stabilization units within the crisis system, to accept individuals on M-1 holds;

·  Expands the ability of mobile response units to respond within 2 hours throughout the state;

·  Requires that, on or before January 1, 2018, all walk-in centers throughout the state be prepared to accept individuals on M-1 holds.

The bill lays out requirements of CDHS including ensuring consistent training for relevant professionals and conducting a needs and capacity assessment of the crisis system. It requires OBH, within CDHS, to submit a report on or before November 1, 2017, concerning the status of funding, the use of new and existing resources, and the implementation of additional crisis services.

The bill removes language from statute that allows, at any time for any reason, an individual who is being held on a M-1 hold to be detained or housed in a jail, lockup, or other place used for the confinement of persons charged with or convicted of criminal offenses. The effective date of this component of the bill is May 1, 2018.

Discussion

Under current Colorado law, individuals who are in need of a M-1 hold be placed in a jail or correctional facility for housing as a last resort, despite having committed no crimes. Colorado is one of only six states in the nation that allows this practice. This criminalizes mental illness in two ways:

·  An individual who is placed in a correctional facility is managed accordingly and undergoes the full experience of entering a criminal justice system as an accused or committed offender.

·  Individuals who are placed in correctional facilities are significantly more likely to find themselves in situations that lead to serious criminal offenses during interactions with facility staff, inmates, and the system at large. Upon release, individuals face stigma, dire consequences, and may avoid seeking help due to fear of detention.

To effectively end the use of jails for M-1 holds and open pathways to treatment, communities and first responders need a wide range of efficient and appropriate options in responding to behavioral crises.

·  By providing first responders options in responding, individuals are diverted to healthcare settings quickly to allow for healthcare decisions to be made by appropriate professionals.

·  Enhancing the Colorado Crisis Response System in all communities provides more accessible options for evaluation, treatment, and crisis response.

Several groups across the state have reached consensus that individuals in need of a M-1 hold should not be placed in correctional facilities. These include the Mental Health/Jails Taskforce under CCJJ, the Mental Health Holds Taskforce convened by the Governor’s office, and the Equitas Foundation Course Corrections Summit stakeholder convening.

The bill would equip communities, crisis system providers, and first responders with new strategies to:

·  Introduce the responsibility of community coordination to the crisis contracts so as to develop local partnerships, create solutions, and build pathways to treatment in every Colorado community.

·  Enhance all crisis facilities to increase 24/7 capability to adequately care for an individual brought in through the M-1 process and who may be in need of a 72-hour mental health hold.

·  Expand the reach and availability of mobile crisis response and telehealth interventions across the state.

·  End the use of jails as placement for individuals on a M-1 hold and empower first responders to divert individuals into healthcare systems.

·  Provide first responders with the ability to transfer an individual to an outpatient setting for an immediate emergency evaluation, effectively transferring healthcare decisions into the hands of healthcare professionals.

This legislation is a direct response to CCJJ recommendations which passed unanimously in December, 2016.

MEMBERS OF THE COLORADO COMMISSION ON CRIMINAL AND JUVENILE JUSTICE

Stan Hilkey, Commission Chair
Executive Director, Department of Public Safety / Doug Wilson, Commission Vice-Chair
State Public Defender
Jennifer Bradford, Metropolitan State University of Denver, Dept. of Higher Education / Rick Raemisch,
Executive Director, Department of Corrections
John Cooke, State Senator,
Senate District 13 / Rose Rodriguez,
Community Corrections Representative
Valarie Finks, Victim Representative,
18th Judicial District / Joseph Salazar,
State Representative, House District 31
Kelly Friesen, Grand County Juvenile Justice Dept.
Charles Garcia, Former Denver Manager of Safety / Lang Sias, State Representative, House District 27
Scott Turner, Deputy Attorney General
Mike Garcia, Director of Probation Services / Michael Vallejos, Chief Judge, 2nd Judicial District
Jessica Jones, Criminal Defense Attorney
Daniel Kagan, State Senator, Senate District 26 / Dave Weaver, Douglas County Commissioner
Peter Weir, District Attorney, 1st Judicial District
Bill Kilpatrick, Golden Police Chief
Evelyn Leslie, Colorado School for Family Therapy / Robert Werthwein, Director, Children, Youth and Families, Department of Human Services
Joe Morales, State Board of Parole / Meg Williams, Vice-Chair Juvenile Parole Board
Norm Mueller, Criminal Defense Attorney
Joseph Pelle, Boulder County Sheriff / Dave Young, District Attorney, 17th Judicial District
Joe Thome, Ex Officio Director, Division of Criminal Justice

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The Colorado Commission on Criminal and Juvenile Justice is a multidisciplinary 26-member entity that was established in 2007 by C.R.S. 16-11.3-101 to improve “the effective administration of justice” by undertaking a comprehensive examination of the criminal and juvenile justice systems and making recommendations for reform. For more information about the Commission and its activities, please see the Commission’s website at www.cdps.state.co.us/ccjj.

To speak to a Commissioner about this bill, please call Joe Thome, Director,

Colorado Division of Criminal Justice at 303-239-4451.

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