Sentencing of felons - parole of felons - treatment and testing based upon assessment required.

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(1) Each person sentenced by the court for a felony committed on or after July 1, 1992, is required, as a part of any sentence to probation, community corrections, or incarceration with the department of corrections, to undergo periodic testing and treatment for substance abuse that is appropriate to the felon based upon the recommendations of the assessment made pursuant to section 18-1.3-209, or based upon any subsequent recommendations by the department of corrections, the judicial department, or the division of criminal justice of the department of public safety, whichever is appropriate. Any testing or treatment must be at a facility or with a person approved by the office of behavioral health in the department of human services, established in article 80 of title 27, and at the felon's own expense, unless he or she is indigent.

(2) Each person placed on parole by the state board of parole on or after July 1, 1992, is required, as a condition of parole, to undergo periodic testing and treatment for substance abuse that is appropriate to the parolee based upon the recommendations of the assessment made pursuant to section 18-1.3-209 or any assessment or subsequent reassessment made regarding the parolee during his or her incarceration or any period of parole. Any testing or treatment must be at a facility or with a person approved by the office of behavioral health in the department of human services, established in article 80 of title 27, and at the parolee's own expense, unless he or she is indigent.

Source: L. 2002: Entire article added with relocations, p. 1385, § 2, effective October 1. L. 2010: Entire section amended, (SB 10-175), ch. 188, p. 786, § 30, effective April 29. L. 2017: Entire section amended, (SB 17-242), ch. 263, p. 1254, § 14, effective May 25.

Editor's note: This section is similar to former § 16-11.5-104 as it existed prior to 2002.

Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.


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