Struck = removed from the bill ยท
added = the amendment's new text.
FirstSB021_H_APP.004 RegularHOUSE SessionCOMMITTEE Seventy-first General Assembly STATE OF COLORADOREFERENCE REENGROSSEDREPORT This_______________________________ VersionMay Includes9, All2017 AmendmentsChairman Adoptedof inCommittee theDate HouseCommittee ofon IntroductionAppropriations LLS. NO.
17-0150.01After Jerryconsideration Barryon x4341the SENATEmerits, BILLthe 17-021Committee SENATErecommends SPONSORSHIPthe Martinezfollowing: Humenik, HOUSE SPONSORSHIP Singer, Senate Committees House Committees Judiciary Appropriations A BILL FOR AN ACT C ONCERNINGREENTRYSERVICESFORPERSONSWITHMENTALILLNESS IN THE CRIMINAL JUSTICE SYSTEM .
BillSB17-021 Summarybe (Note:amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
ThisAmend summary applies to this bill as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill e n passes third reading in the house of introduction, a bill summary that m 7 applies to the reengrossed versionbill, ofpage this4, billline will2, bestrike available"NG at," Tand nsubstitute 0"HOUSING AAND USUBJECT ,TO http://leg.colorado.gov/.)AVAILABLE EAPPROPRIATIONS i,". y S a a Legislative Oversight Committee Concerning the Treatment R M r of Persons with Mental Illness in the Criminal and Juvenile Justice 3 Systems.
ThePage bill4, directsline the27, divisionstrike of"contracts." housing in the department of local affairs to establish a program to provide vouchers and supportivesubstitute g"contracts services- torepeal.". persons with a mental illness who are being released from the i a department of corrections (DOC) or jails.
ThePage program5, isline funded1, byafter E"(7)" Rinsert 1"(a)" Aand nstrike 2" NAFTER 2" 8and Shadingsubstitute denotes"OR HOUSETHE amendment.FISCAL YEAR COMMENCING ".
DoublePage underlining5, denotesafter SENATEline amendment.9 insert:
S"(b) eTISSUBSECTION a(7)ISREPEALED Capital,EFFECTIVE lettersJULY indicate1,2018.". new material to be added to existing statute.
n** M*** Dashes** through*** the** words*SB021_H_APP.004* indicate deletions from existing statute.
e A general fund appropriations and from money unspent by the division of criminal justice (CDPS) for community corrections programs in the previous fiscal year.
The bill directs the behavioral health unit in the department of human services, in conjunction with the DOC, to implement reentry programs to assist persons with a mental illness who are transitioning from incarceration.
If necessary, the programs may receive money from the community corrections appropriation to CDPS.
The bill appropriates $2.7 million to the department of local affairs.
Be it enacted by the General Assembly of the State of Colorado:
SECTION1.
Legislativedeclaration.(1) Thegeneralassembly finds and declares that:
(a) Individualswithseriousmentalhealthdisordersnumberfewer than four in every100 American adults but occupyat least one in five of America'sprisonandjailbeds;whereas,inthecommunity,only11.7state hospital beds remain per 100,000 people, leaving the state with fewer hospital beds per capita than at any time since before the nation stopped criminalizing mental health disorders in the 1850s;
(b) Inmates with a mental health disorder spend five and a half times longer in custody than the average inmate;
(c) In2010,thedepartmentof correctionsandcountyjailsystems spent $93 million of taxpayers' money on mental health services.
This amounts to $2,083 per prisoner for mental health services.
In that same year, only53% of the state's known behavioral health expenditures were spentthroughtheformal public healthsystem,theremainderbeingspent through the prison and jail system, child welfare system, and hospitals.
(d) Correctionalfacilitiesandcountyjailsarenotdesignedanddo not have the resources to handle or treat inmates with a behavioral or mental health disorder but have become de facto mental health -2- 021 institutions;
(e) Inmates with behavioral or mental health disorders are frequentlyreleased into the communityafter incarceration homeless and with no or insufficient supportive services;
(f) Housingaloneisnotsufficienttoimproveoutcomes;however, supportive housing models with specific support services are critical to success in reducing recidivism of persons with behavioral or mental health disorders transitioning between homelessness and incarceration;
(g) Thestatespends$666perdayforabedattheColoradomental health institute at Pueblo, one of Colorado's state-operated inpatient, psychiatric hospitals;
and (h) The state has a shortage of crisis beds, which results in individualsincrisisremaininghomelessorinlessthanidealhousing,like jails, while awaiting appropriate placement.
SECTION 2.
In Colorado Revised Statutes, add 24-32-723.5 as follows:
24-32-723.5.
Housingassistanceforapersonwithabehavioral or mental health disorder in the criminal or juvenile justice system - cash fund - definition.
(1S USED IN THIS SECTIO,UNLESS THE CONTEXT OTHERWISE REQUIRES , "PERSON WITH A BEHAVIORAL OR MENTALHEALTHDISORDER "MEANSANINDIVIDUALWHOHASOR ,ATANY TIME DURING THE PREVIOUS TWELVE MONTHS , HAD A DIAGNOSABLE MENTAL , BEHAVIORAL , OR EMOTIONAL DISORDER OF SUFFICIENT DURATION TO MEET DIAGNOSTIC CRITERIA SPECIFIED WITHIN THE DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISORDERS , RESULTINGINFUNCTIONALIMPAIRMENTTHATINTERFERESWITHORLIMITS ONE OR MORE MAJOR LIFE ACTIVITI.S -3- 021 (2) IN CONJUNCTION WITH ITS OTHER PROGRAMS TO PROVIDE ASSISTANCE IN OBTAINING HOUSING,THE DIVISION SHALL ESTABLISH A PROGRAMTHATPROVIDESVOUCHERSANDOTHERSUPPORTSERVICESFOR HOUSING ASSISTANCE FOR A PERSON WITH A MENTAL HEALTH DISORDER ORCO -OCCURRINGBEHAVIORALHEALTHDISORDERWHOISTRANSITIONING FROM THE DEPARTMENT OF CORRECTIONS , THE DIVISION OF YOUTH CORRECTIONS IN THE DEPARTMENT OF HUMAN SERVICES ,OR A COUNTY JAIL INTO THE COMMUNITY.
(3) TEDIVISIONSHALLALSOPROVIDEGRANTSORLOANSFORTHE ACQUISITION,CONSTRUCTION ,OR REHABILITATION OF RENTAL HOUSING FOR PERSONS WITH BEHAVIORAL OR MENTAL HEALTH DISORDERS.
(4) THERE IS CREATED IN THE STATE TREASURY THE HOUSING ASSISTANCE FOR PERSONS TRANSITIONING FROM THE CRIMINAL OR JUVENILE JUSTICE SYSTEM CASH FUN,REFERRED TO IN THIS SECTION AS THE "CASH FUND ".
T HE CASH FUND CONSISTS OF ALL MONEY TRANSFERREDTOTHEFUNDPURSUANTTOSECTION 17-27-108(7ANDALL MONEYTHATTHEGENERALASSEMBLYAPPROPRIATESTOTHECASHFUND .
SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY ,THE DIVISION MAY EXPEND MONEY IN THE CASH FUND FOR THE PURPOSES SET FORTHINTHISSECTION .ALLINTERESTEARNEDFROMTHEINVESTMENTOF MONEY IN THE CASH FUND IS CREDITED TO THE CASH FU.
ALL MONEY NOT EXPENDED AT THE END OF THE FISCAL YEAR REMAINS IN THE CASH FUNDANDDOESNOTREVERTTOTHEGENERALFUNDORANYOTHERFUND .
SECTION 3.
In Colorado Revised Statutes, 17-27-108, add (7) as follows:
17-27-108.
Division of criminal justice of the department of public safety - duties - community corrections contracts.
-4- 021 (7) NOTWITHSTANDINGANYLAWTOTHECONTRARY ,ONANDAFTER JULY 1,2016, ANY MONEY APPROPRIATED FROM THE GENERAL FUND TO THE DIVISION OF CRIMINAL JUSTICE FOR THE PURPOSES OF THIS ARTI27E THAT IS UNEXPENDED OR UNENCUMBERED AS OF THE CLOSE OF THAT FISCAL YEAR SHALL NOT REVERT TO THE GENERAL FU,AND THE STATE TREASURERANDTHECONTROLLERSHALLTRANSFERSUCHMONEYTOTHE HOUSING ASSISTANCE FOR PERSONS TRANSITIONING FROM THE CRIMINAL ORJUVENILEJUSTICESYSTEMCASHFUNDCREATEDPURSUANTTOSECTION 24-32-723.5(4).
SECTION4.
InColoradoRevisedStatutes,39-28.8-501,amend (2)(b)(IV)(K) and (2)(b)(IV)(L);
and add (2)(b)(IV)(M) as follows:
39-28.8-501.
Marijuanataxcashfund-creation-distribution - legislative declaration.
(2) (b) (IV) Subject to the limitation in subsection (5) of this section, the general assembly may annually appropriate anymoneyinthefundforanyfiscalyearfollowingthe fiscal year in which theywere received bythe state for the following purposes:
(K) Grantstolocalgovernmentsfor documented retail marijuana impacts through the local government retail marijuana impact grant program created in section 24-32-117;
C.R.S.;
and (L) For the Colorado veterans' service-to-career pilot program created in part 2 of article 14.3 of title 8;
C.R.S.
(M) F OR HOUSING , RENTAL ASSISTANCE , AND REENTRY ASSISTANCE PURSUANT TO SECTION24-32-723.5.
SECTION 5.
Safety clause.
The general assemblyherebyfinds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.
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