C.R.S. Section 27-65-109
Certification for short-term treatment

  • procedure

(1)

[Editor’s note:
This version of subsection (1) is effective until July 1, 2024.]
If a person detained pursuant to section 27-65-106 has received an evaluation, the person may be certified for not more than three months for short-term treatment under the following conditions:

(a)

The professional staff of the agency or facility providing seventy-two-hour treatment and evaluation has analyzed the person’s condition and has found the person has a mental health disorder and, as a result of the mental health disorder, is a danger to others or to the person’s self or is gravely disabled;

(b)

The person has been advised of the availability of, but has not accepted, voluntary treatment; but, if reasonable grounds exist to believe that the person will not remain in a voluntary treatment program, the person’s acceptance of voluntary treatment does not preclude certification; and

(c)

The facility that will provide short-term treatment has been designated or approved by the commissioner to provide such treatment.

(1)

[Editor’s note:
This version of subsection (1) is effective July 1, 2024.]
A person may be certified for not more than three months for short-term treatment under the following conditions:

(a)

The professional staff of the facility detaining the person on an emergency mental health hold has evaluated the person and has found the person has a mental health disorder and, as a result of the mental health disorder, is a danger to the person’s self or others or is gravely disabled;

(b)

The person has been advised of the availability of, but has not accepted, voluntary treatment; but, if reasonable grounds exist to believe that the person will not remain in a voluntary treatment program, the person’s acceptance of voluntary treatment does not preclude certification;

(c)

The facility or community provider that will provide short-term treatment has been designated by the commissioner to provide such treatment; and

(d)

The person, the person’s legal guardian, and the person’s lay person, if applicable, have been advised of the person’s right to an attorney and to contest the certification for short-term treatment.

(2)

[Editor’s note:
This version of subsection (2) is effective until July 1, 2024.]
The notice of certification must be signed by a professional person on the staff of the evaluation facility who participated in the evaluation and must:

(a)

State facts sufficient to establish reasonable grounds to believe that the person has a mental health disorder and, as a result of the mental health disorder, is a danger to others or to the person’s self or is gravely disabled;

(b)

Be filed with the court within forty-eight hours, excluding Saturdays, Sundays, and court holidays, of the date of certification; and

(c)

Be filed with the court in the county in which the respondent resided or was physically present immediately prior to being taken into custody.

(2)

[Editor’s note:
This version of subsection (2) is effective July 1, 2024.]
The notice of certification must be signed by a professional person who participated in the evaluation. The notice of certification must:

(a)

State facts sufficient to establish reasonable grounds to believe that the respondent has a mental health disorder and, as a result of the mental health disorder, is a danger to the respondent’s self or others or is gravely disabled;

(b)

Be filed with the court within forty-eight hours, excluding Saturdays, Sundays, and court holidays, after the date of certification;

(c)

Be filed with the court in the county in which the respondent resided or was physically present immediately prior to being taken into custody; and

(d)

Provide recommendations if the certification should take place on an inpatient or outpatient basis.

(3)

[Editor’s note:
This version of subsection (3) is effective until July 1, 2024.]
Within twenty-four hours after certification, copies of the certification must be personally delivered to the respondent, and a copy must be kept by the evaluation facility as part of the respondent’s record. The respondent must also be asked to designate one other person whom the respondent wishes informed regarding certification. If the respondent is incapable of making such a designation at the time the certification is delivered, the respondent must be asked to designate such person as soon as the respondent is capable. In addition to the copy of the certification, the respondent must be given a written notice that a hearing upon the respondent’s certification for short-term treatment may be had before the court or a jury upon written request directed to the court pursuant to subsection (6) of this section.

(3)

[Editor’s note:
This version of subsection (3) is effective July 1, 2024.]
Within twenty-four hours after certification, copies of the certification must be personally delivered to the respondent, the BHA, and a copy must be kept by the evaluating facility as part of the respondent’s record, if applicable. The facility or court shall ask the respondent to designate a lay person whom the respondent wishes to be informed regarding certification. If the respondent is incapable of making such a designation at the time the certification is delivered, the respondent must be asked to designate a lay person as soon as the respondent is capable. In addition to the copy of the certification, the respondent must be given a written notice that a hearing upon the respondent’s certification for short-term treatment may be had before the court or a jury upon written request directed to the court pursuant to subsection (6) of this section.

(4)

Upon certification of the respondent, the facility designated for short-term treatment has custody of the respondent.

(5)

Whenever a certification is filed with the court by a professional person, the court shall immediately appoint an attorney to represent the respondent. The respondent has the right to an attorney for all proceedings conducted pursuant to this section, including any appeals. The attorney representing the respondent must be provided with a copy of the certification immediately upon the attorney’s appointment. The respondent may only waive counsel when the respondent makes a knowing and intelligent waiver in front of the court.

(6)

[Editor’s note:
This version of subsection (6) is effective until July 1, 2024.]
The respondent for short-term treatment or the respondent’s attorney may at any time file a written request that the certification for short-term treatment or the treatment be reviewed by the court or that the treatment be on an outpatient basis. If review is requested, the court shall hear the matter within ten days after the request, and the court shall give notice to the respondent and the respondent’s attorney and the certifying and treating professional person of the time and place thereof. The hearing must be held in accordance with section 27-65-113. At the conclusion of the hearing, the court may enter or confirm the certification for short-term treatment, discharge the respondent, or enter any other appropriate order, subject to available appropriations.

(6)

[Editor’s note:
This version of subsection (6) is effective July 1, 2024.]
The respondent or the respondent’s attorney may at any time file a written request that the certification for short-term treatment or the treatment be reviewed by the court or that the treatment be on an outpatient basis. If review is requested, the court shall hear the matter within ten days after the request, and the court shall give notice to the respondent and the respondent’s attorney and the certifying and treating professional person of the time and place of the hearing. The hearing must be held in accordance with section 27-65-113. At the conclusion of the hearing, the court may enter or confirm the certification for short-term treatment, discharge the respondent, or enter any other appropriate order.

(7)

[Editor’s note:
This version of subsection (7) is effective until July 1, 2024.]
Records and papers in proceedings under this section must be maintained separately by the clerks of the several courts. Upon the release of any respondent in accordance with section 27-65-112, the facility shall notify the clerk of the court within five days after the release, and the clerk shall forthwith seal the record in the case and omit the name of the respondent from the index of cases in the court until and unless the respondent becomes subject to an order of long-term care and treatment pursuant to section 27-65-110 or until and unless the court orders them opened for good cause shown. In the event a petition is filed pursuant to section 27-65-110, the certification record may be opened and become a part of the record in the long-term care and treatment case and the name of the respondent indexed.

(7)

[Editor’s note:
This version of subsection (7) is effective July 1, 2024.]
Records and papers in proceedings pursuant to this section must be maintained separately by the clerks of the several courts. Upon the release of any respondent in accordance with section 27-65-112, the facility shall notify the clerk of the court within five days after the release, and the clerk shall immediately seal the record in the case and omit the name of the respondent from the index of cases in the court until and unless the respondent becomes subject to an order of certification for long-term care and treatment pursuant to section 27-65-110 or until and unless the court orders the records opened for good cause shown. In the event a petition is filed pursuant to section 27-65-110, the certification record may be opened and become a part of the record in the long-term care and treatment case and the name of the respondent indexed.

(8)

[Editor’s note:
This version of subsection (8) is effective until July 1, 2024.]
Whenever it appears to the court, by reason of a report by the treating professional person or any other report satisfactory to the court, that a respondent detained for evaluation and treatment or certified for treatment should be transferred to another facility for treatment and the safety of the respondent or the public requires that the respondent be transported by a secure transportation provider, or a law enforcement agency, the court may issue an order directing the law enforcement agency where the respondent resides to deliver the respondent to the designated facility.

(8)

[Editor’s note:
This version of subsection (8) is effective July 1, 2024.]
Whenever it appears to the court, by reason of a report by the treating professional person or the BHA or any other report satisfactory to the court, that a respondent detained for evaluation and treatment or certified for short-term treatment should be transferred to another facility for treatment and the safety of the respondent or the public requires that the respondent be transported by a secure transportation provider or a law enforcement agency, the court may issue an order directing the law enforcement agency where the respondent resides or secure transportation provider to deliver the respondent to the designated facility.

(9)

A respondent certified for short-term treatment may be discharged upon the signature of the treating medical professional and the medical director of the facility. A respondent certified for short-term treatment on an outpatient basis may be discharged upon the signature of the approved professional person overseeing the respondent’s treatment, and the professional person shall notify the BHA prior to the discharge. A facility or program shall make the respondent’s discharge instructions available to the respondent, the respondent’s attorney, and the respondent’s legal guardian, if applicable, within seven days after discharge, if requested. A facility or program that is transferring a respondent to a different treatment facility or to an outpatient provider shall provide all treatment records to the facility or provider accepting the respondent at least twenty-four hours prior to the transfer.

(10)

[Editor’s note:
This version of subsection (10) is effective until July 1, 2024.]
If the professional person in charge of the evaluation and treatment believes that a period longer than three months is necessary for treatment of the respondent, the professional person shall file with the court an extended certification. Extended certification for treatment is not for a period of more than three months. The respondent is entitled to a hearing on the extended certification under the same conditions as an original certification. The attorney initially representing the respondent shall continue to represent the respondent, unless the court appoints another attorney.

(10)

[Editor’s note:
This version of subsection (10) is effective July 1, 2024.]
If the professional person in charge of the evaluation and treatment believes that a period longer than three months is necessary to treat the respondent, the professional person shall file with the court an extended certification at least thirty days prior to the expiration date of the original certification. An extended certification for treatment must not be for a period of more than three months. The respondent is entitled to a hearing on the extended certification under the same conditions as an original certification. The attorney initially representing the respondent shall continue to represent the respondent, unless the court appoints another attorney.

Source: Section 27-65-109 — Certification for short-term treatment - procedure, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-27.­pdf (accessed Oct. 20, 2023).

27‑65‑101
Legislative declaration 27‑65‑102
Definitions 27‑65‑103
Voluntary applications for mental health services 27‑65‑104
Voluntary applications for mental health services - treatment of minors - definition 27‑65‑105
Rights of respondents 27‑65‑106
Emergency mental health hold - screening - court-ordered evaluation - discharge instructions - respondent’s rights 27‑65‑107
Emergency transportation - application - screening - respondent’s rights 27‑65‑108
Care coordination for persons certified or in need of ongoing treatment 27‑65‑108.5
Court-ordered certification for short-term treatment for incompetent defendants in a criminal matter - contents of petition - procedure to contest petition - commitment to behavioral health administration - definition 27‑65‑109
Certification for short-term treatment - procedure 27‑65‑110
Long-term care and treatment of persons with mental health disorders - procedure 27‑65‑111
Certification on an outpatient basis - short-term and long-term care 27‑65‑112
Termination of short-term and long-term treatment - escape 27‑65‑113
Hearing procedures - jurisdiction 27‑65‑114
Appeals 27‑65‑115
Habeas corpus 27‑65‑116
Restoration of rights 27‑65‑117
Discrimination - definition 27‑65‑118
Right to treatment - rules 27‑65‑119
Rights of respondents certified for short-term treatment or long-term care and treatment 27‑65‑120
Administration or monitoring of medications to persons receiving treatment 27‑65‑121
Employment of persons in a facility - rules 27‑65‑122
Voting in public elections 27‑65‑123
Records 27‑65‑124
Request for release of information - procedures - review of a decision concerning release of information 27‑65‑125
Treatment in federal facilities 27‑65‑126
Transfer of persons into and out of Colorado - reciprocal agreements 27‑65‑127
Imposition of legal disability - deprivation of legal right - restoration - repeal 27‑65‑128
Administration - rules 27‑65‑129
Payment for counsel 27‑65‑130
Advisory board - created - service standards and rules 27‑65‑131
Data report
Green check means up to date. Up to date

Current through Fall 2024

§ 27-65-109’s source at colorado​.gov