C.R.S. Section 27-50-802
Study of health effects of felonizing fentanyl possession

  • repeal

(1)

No later than November 1, 2022, the BHA shall contract with an independent nonprofit or educational entity that has expertise in clinical epidemiology, biostatistics, substance use and addiction, data collection and analysis, and, if possible, the intersection between the criminal justice system and substance use, to conduct an independent study of the health effects of criminal penalties pursuant to changes to section 18-18-403.5 (2.5) in House Bill 22-1326, enacted in 2022. At a minimum, the study must address the following:

(a)

Whether the penalties pursuant to section 18-18-403.5 (2.5):

(I)

Decreased or increased fentanyl-related overdoses, both fatal and nonfatal, among individuals charged with a felony compared to individuals charged with a misdemeanor pursuant to section 18-18-403.5 (2.5), and compared to individuals with opiate misuse or use disorder not charged with criminal possession of opiates; and

(II)

Increased or decreased initiation and retention of evidence-based, effective treatment for individuals charged with an opiate use disorder among individuals charged with a felony compared to individuals charged with a misdemeanor pursuant to section 18-18-403.5 (2.5), and compared to individuals with opiate misuse or use disorder who were not charged with criminal possession of opiates;

(b)

Differential health outcomes for individuals based on the individual’s race, gender, ethnicity, age, economic status, pregnancy or postpartum status, or housing status, for individuals charged with a felony pursuant to section 18-18-403.5 (2.5), compared to individuals charged with a misdemeanor pursuant to section 18-18-403.5 (2.5), and compared to individuals with opiate misuse or use disorders who were not charged pursuant to section 18-18-403.5 (2.5). Differential health outcomes to consider include, but are not limited to, fatal and nonfatal overdoses and initiation and retention on medications for opiate use disorder.

(c)

Whether effective, evidence-based treatment for opiate use disorder in the general population diminished in quality or quantity as a result of individuals ordered by the court into treatment based on charges brought pursuant to section 18-18-403.5 (2.5); and

(d)

Whether penalties pursuant to section 18-18-403.5 (2.5) impact the likelihood of individuals addicted to fentanyl to seek or receive treatment, provide help to another person in the case of an overdose, or utilize naloxone, non-laboratory synthetic opiate detection tests, and other harm reduction resources.

(2)

Intentionally left blank —Ed.

(a)

The BHA shall make reasonable efforts to provide necessary data requested by the independent entity to complete the study required pursuant to subsection (1) of this section. The BHA shall establish a data-sharing agreement with, at a minimum, the department of public health and environment, the department of health care policy and financing, the judicial department, the department of corrections, the department of regulatory agencies, and, if feasible, county sheriffs and county coroners, to provide data to the independent entity including, but not limited to:

(I)

All reasonably available criminal justice data requested by the independent entity;

(II)

Opiate overdose death records, including toxicology reports, if available;

(III)

Prescription data for medication for opiate use disorder, including for individuals in jail or prison charged pursuant to section 18-18-403.5 (2.5);

(IV)

Encounters with emergency medical services providers, law enforcement agencies, or health-care facilities for fatal and nonfatal fentanyl or other opiate-related overdose; and

(V)

Available information regarding the history of overdose, incarceration, and substance use treatment for individuals charged pursuant to section 18-18-403.5 (2.5), including whether the individual has sought and been denied on-demand treatment.

(b)

The independent entity may perform a qualitative assessment by, at a minimum, conducting focus groups or interviews with a representative sample of individuals who use drugs and substance use disorder care providers and harm reduction providers across the state and continuum.

(c)

No later than December 31, 2024, the independent entity shall submit a comprehensive report of the entity’s findings to the BHA.

(d)

No later than January 31, 2025, the BHA shall publish the report on the BHA’s website and submit the report to the house of representatives judiciary committee, the house of representatives public and behavioral health and human services committee, the senate health and human services committee, and the senate judiciary committee, or their successor committees, as part of its “State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act” presentation required pursuant to section 2-7-203.

(3)

The costs associated with performing the study pursuant to this section must be paid from the correctional treatment cash fund created in section 18-19-103 (4).

(4)

This section is repealed, effective July 1, 2025.

Source: Section 27-50-802 — Study of health effects of felonizing fentanyl possession - repeal, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-27.­pdf (accessed Oct. 20, 2023).

27‑50‑101
Definitions 27‑50‑102
Behavioral health administration - creation - coordination - health oversight agency 27‑50‑103
Behavioral health commissioner - appointment - powers, duties, and functions - subdivisions of the BHA 27‑50‑104
Powers and duties of the commissioner - rules 27‑50‑105
Administration of behavioral health programs - state plan - sole mental health authority - gifts, grants, or donations 27‑50‑106
Transfer of functions 27‑50‑107
State board of human services - rules 27‑50‑108
Systemwide behavioral health grievance system 27‑50‑201
Behavioral health system monitoring - capacity - safety net performance 27‑50‑202
Formal agreements - state agencies and tribal governments 27‑50‑203
Universal contracting provisions - requirements 27‑50‑204
Reporting 27‑50‑301
Behavioral health safety net system implementation 27‑50‑302
Requirement to serve priority populations - screening and triage for individuals in need of behavioral health services - referrals 27‑50‑303
Essential behavioral health safety net providers - approval to serve limited priority populations 27‑50‑304
Behavioral health safety net provider network - incentives - preferred status - rules 27‑50‑401
Regional behavioral health administrative services organizations - establishment 27‑50‑402
Behavioral health administrative services organizations - application - designation - denial - revocation 27‑50‑403
Behavioral health administrative services organizations - contract requirements - individual access - care coordination 27‑50‑404
Care coordination - responsibilities of behavioral health administrative services organizations - coordination with managed care entities 27‑50‑405
Behavioral health administrative services organizations - stakeholder input - report - rules 27‑50‑501
Behavioral health entities - license required - criminal and civil penalties 27‑50‑502
Behavioral health entities - minimum standard - rules 27‑50‑503
Licenses - application - inspection - issuance 27‑50‑504
License fees - rules 27‑50‑505
License - denial - suspension - revocation 27‑50‑506
Behavioral health licensing cash fund - creation 27‑50‑507
Employee and contracted service provider - criminal history record check 27‑50‑508
Enforcement 27‑50‑509
Purchase of services by courts, counties, municipalities, school districts, and other political subdivisions 27‑50‑510
Behavioral health entities - consumer information - reporting - release - rules 27‑50‑601
Department of health care policy and financing - behavioral health network standards 27‑50‑602
Division of insurance behavioral health network standards 27‑50‑603
State agency behavioral health network and program standards 27‑50‑701
Behavioral health administration advisory council - creation 27‑50‑702
Advisory council - membership 27‑50‑703
Advisory council - regional subcommittees - subcommittees - working groups 27‑50‑801
Veteran suicide prevention pilot program - rules - report - definitions - repeal 27‑50‑802
Study of health effects of felonizing fentanyl possession - repeal 27‑50‑803
Technical assistance to jails - appropriation - repeal 27‑50‑901
Short title 27‑50‑902
Definitions 27‑50‑903
Sixth through twelfth grade mental health screening program - created - rules
Green check means up to date. Up to date

Current through Fall 2024

§ 27-50-802’s source at colorado​.gov