Legislative declaration.

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(1) The general assembly finds, determines, and declares that:

  1. The regulation of controlled substances in this state is important and necessary forthe preservation of public safety and public health;

  2. Meeting the public safety and public health needs of our communities demands acollaborative effort involving primary health care, behavioral health, criminal justice, and social service systems;

  3. Successful, community-based substance abuse treatment and education programs andsubstance use disorder treatment programs, in conjunction with treatment for behavioral or mental health disorders as necessary, provide effective tools in the effort to reduce drug usage and enhance public safety by reducing the likelihood that drug users will have further contact with the criminal justice system. Therapeutic intervention and ongoing individualized treatment plans prepared through the use of meaningful and proven assessment tools and evaluations offer an effective alternative to incarceration in appropriate circumstances and should be utilized accordingly.

  4. Savings recognized from reductions in incarceration rates should be dedicated toward funding community-based treatment options and other mechanisms that are accessible to all of the state's counties for the implementation and continuation of such programs;

  5. The Colorado commission on criminal and juvenile justice submitted a report to thegeneral assembly on December 15, 2012, after significant study of effective approaches to reduced drug abuse and use of criminal justice sanctions that recommends multiple changes to the criminal law relating to controlled substances. The commission continues work to develop a more effective treatment system in Colorado and continues to collect data to measure the impact of the changes to this part 4 enacted in 2013.

Source: L. 92: Entire article R&RE, p. 354, § 1, effective July 1. L. 2010: Entire section amended, (HB 10-1352), ch. 259, p. 1162, § 1, effective August 11. L. 2013: (1) amended, (SB 13-250), ch. 333, p. 1908, § 7, effective October 1. L. 2017: IP(1) and (1)(c) amended, (SB 17242), ch. 263, p. 1308, § 144, effective May 25.

Editor's note: This section is similar to former § 12-22-302 as it existed prior to 1992.

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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