(1) (a) The general assembly finds that the transfer into Colorado of persons that have been convicted of or have agreed to a deferred judgment, deferred sentence, or deferred prosecution for a crime in another state who are required to participate in private treatment programs in this state is a matter of statewide and local concern.
(b) The general assembly further finds that although Colorado is a signatory to the "Interstate Compact for Adult Offender Supervision" established pursuant to part 28 of article 60
of title 24, C.R.S., more information concerning out-of-state offenders is necessary for the protection of the citizens of Colorado, and it may be necessary to further regulate programs that provide treatment and services to such persons.
(2) As used in this section, unless the context otherwise requires:
(Deleted by amendment, L. 2011, (HB 11-1009), ch. 5, p. 9, § 1, effective March 1,
2011.)
"Chief law enforcement official" means:
If a facility of a private treatment program is located within a municipality, the chiefof police of such municipality;
If a facility of a private treatment program is located within a city and county, themanager of safety of such city and county or other person with such duties; and
If a facility of a private treatment program is not located within a municipality orcity and county, the county sheriff of the county where the facility is located.
(b.5) "Compact administrator" means the person appointed pursuant to the provisions of part 28 of article 60 of title 24, C.R.S., to be responsible for the administration of the interstate compact.
"Interstate compact" means the "Interstate Compact for Adult Offender Supervision",part 28 of article 60 of title 24, C.R.S.
"Private treatment program" means any residential or nonresidential program thatprovides services, treatment, rehabilitation, education, or criminal history-related treatment for supervised or unsupervised persons but does not include a private contract prison facility, a prison facility operated by a political subdivision of the state, a facility providing treatment for persons with mental health disorders or intellectual and developmental disabilities, or a community corrections program established pursuant to article 27 of this title 17.
"Sending state" shall have the same meaning as in the interstate compact.
"Supervised person" means a person eighteen years of age or older who is adjudicated for or convicted of or has agreed to a deferred judgment, deferred sentence, or deferred prosecution for a crime in another state but is or will be under the supervision of a probation officer or community parole officer in Colorado pursuant to the interstate compact.
"Supervising person" means the person in this state who is in charge of the overalladministration of a private treatment program.
"Unsupervised person" means a person eighteen years of age or older who, althoughnot required to be under the jurisdiction of a probation officer or community parole officer in Colorado, is adjudicated for or convicted of or has agreed to a deferred judgment, deferred sentence, or deferred prosecution for a crime outside of the state of Colorado and is directed to attend a private treatment program in Colorado by any court, department of corrections, state board of parole, probation department, parole division, adult diversion program, or any other similar entity or program in a state other than Colorado.
(3) (a) In order to ensure uniformity and consistency, the sending state shall be in compliance with the provisions of the interstate compact, or the compact administrator shall reject the placement of the supervised person pursuant to subsection (6) of this section.
A sending state shall not permit travel of a supervised person who is a nonresident ofthis state to the state of Colorado without written notification from the compact administrator of acceptance of the supervised person into a private treatment program.
Any request for placement of a nonresident of this state in a private treatment program from a sending state shall contain written justification as to why treatment in the state of Colorado is preferable or more beneficial than treatment in the sending state.
No private treatment program in Colorado shall admit or accept a supervised or unsupervised person into the program unless the supervised or unsupervised person has signed a waiver that authorizes the release of confidential information.
A private treatment program in Colorado shall not admit or accept a supervised orunsupervised person into the program unless the program:
(a) Is registered with the compact administrator, and, if the person is a supervised person, the private treatment program is:
Approved by the office of behavioral health in the department of human services,established in article 80 of title 27, if the program provides alcohol or drug abuse treatment;
Certified or approved by the sex offender management board, established in section16-11.7-103, C.R.S., if the program provides sex offender treatment;
Certified or approved by a domestic violence treatment board, established pursuantto part 8 of article 6 of title 18, C.R.S., if the program provides treatment for persons who were convicted of an act of domestic violence as defined in section 18-6-800.3, C.R.S., or of an act for which the underlying factual basis included an act of domestic violence; or
Licensed or certified by the division of adult parole in the department of corrections, the department of regulatory agencies, the office of behavioral health in the department of human services, the state board of nursing, or the Colorado medical board if the program provides treatment that requires certification or licensure;
(b) If the person is unsupervised, has notified the compact administrator of the following information for each such unsupervised person:
Name, date and place of birth, and social security number;
Complete criminal history of the person as shown by a national criminal informationcheck;
Name and address of any court, department, board of parole, probation department,parole division, adult diversion program, or other similar entity or program having jurisdiction over the person; and
Terms and conditions under which the person is required or directed to attend theprogram; and
(c) (I) If the person is supervised and is a resident of the state of Colorado, has confirmed that the sending state has provided all information concerning the supervised person required by the interstate compact to the compact administrator; and
(II) If the person is supervised and is a nonresident of the state of Colorado, has confirmed that the compact administrator has accepted the person for placement in the private treatment program.
(6) (a) Pursuant to criteria established by the interstate compact, the compact administrator shall either accept or reject the placement of the supervised person in the private treatment program.
For all unsupervised persons and for supervised persons that the compact administrator accepts for placement in a private treatment program, the compact administrator shall immediately notify the appropriate chief law enforcement official and the director of the Colorado bureau of investigation.
(Deleted by amendment, L. 2000, p. 232, § 1, effective July 1, 2000.)
By written policy, a local law enforcement agency shall require a supervised or unsupervised person to physically appear at the local law enforcement agency for fingerprinting and photographing.
(a) The private treatment program shall immediately notify the chief law enforcement official where the program is located and, if supervised, the person's probation or community parole officer whenever any person directed to appear in a facility operated by the program fails to appear or is absent without authority.
(b) The private treatment program shall notify the chief law enforcement official where the program is located and, if supervised, the person's probation or community parole officer at least seven days prior to the release of any person placed in such program.
(9) (a) Any private treatment program or supervising person that violates this section commits a misdemeanor. Upon a first conviction, the private treatment program or supervising person shall be punished by a fine of five hundred dollars. Upon a second conviction, a private treatment program or supervising person shall be punished by a fine of one thousand dollars. Upon a third or subsequent conviction, a private treatment program or supervising person shall be punished by a fine of five thousand dollars.
(b) Each failure to comply with a provision of this section by a private treatment program or supervising person relating to a different person constitutes a separate violation.
(10) (a) In addition to any other duties, the compact administrator may promulgate rules governing unsupervised persons including but not limited to their identification.
(b) (Deleted by amendment, L. 2000, p. 232, § 1, effective July 1, 2000.)
Nothing in this section shall be deemed to prohibit any unit of local government, asdefined in section 17-27-102 (8), from enacting ordinances and regulations concerning the licensing of private treatment programs located within their jurisdiction and providing for the punishment for the operation of unlicensed private treatment programs.
(Deleted by amendment, L. 2000, p. 232, § 1, effective July 1, 2000.)
Source: L. 86: Entire article added, p. 765, § 1, effective July 1; entire section amended, p. 763, § 5, effective July 1. L. 93: (1) amended, p. 718, § 4, effective July 1. L. 95: (1) amended, p. 1098, § 18, effective May 31. L. 98: (2) amended, p. 820, § 20, effective August 5. L. 99: Entire section R&RE, p. 1172, § 1, effective June 2. L. 2000: (2)(d), (2)(f), (2)(g), (2)(h),
(3), (5)(a), (5)(c), (6)(c), (10)(b), and (12) amended, p. 232, § 1, effective July 1. L. 2002: (5)(a)(I) amended, p. 666, § 12, effective May 28. L. 2006: (2)(d) amended, p. 1398, § 47, effective August 7. L. 2008: (2)(f), (2)(h), and (8) amended, p. 658, § 11, effective April 25. L. 2010: (5)(a)(I) amended, (SB 10-175), ch. 188, p. 784, § 26, effective April 29; (5)(a)(IV) amended, (HB 10-1260), ch. 403, p. 1987, § 76, effective July 1. L. 2011: (1)(b), (2)(a), (2)(c), (3)(a), (3)(b), IP(5)(a), IP(5)(b), (5)(c), (6)(a), (6)(b), and (10)(a) amended and (2)(b.5) added, (HB 11-1009), ch. 5, p. 9, § 1, effective March 1; (5)(a)(IV) amended, (HB 11-1303), ch. 264, p. 1156, § 30, effective August 10. L. 2017: IP(5), (5)(a)(I), and (5)(a)(IV) amended, (SB 17-242), ch. 263, p. 1254, § 12, effective May 25. L. 2018: (2)(d) amended, (SB 18-091), ch. 35, p. 385, § 17, effective August 8.
Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018.