Struck = removed from the bill ยท
added = the amendment's new text.
SecondSB263_H_JUD.001 RegularNOT SessionAMENDED Seventy-firstHOUSE GeneralCOMMITTEE Assembly STATE OF COLORADOREFERENCE REENGROSSEDREPORT This_______________________________ VersionMay Includes8, All2018 AmendmentsChairman Adoptedof inCommittee theDate HouseCommittee ofon IntroductionJudiciary. LLS NO.
18-1136.01After Janeconsideration Ritteron x4342the SENATEmerits, BILLthe 18-263Committee SENATErecommends SPONSORSHIPthe Martinezfollowing: Humenik, Cooke HOUSE SPONSORSHIP Singer and Landgraf, Senate Committees House Committees State, Veterans, & Military Affairs A BILL FOR AN ACT C ONCERNING THE CREATION OF A PILOT PROGRAM TO ALLOW FOR COURT APPROVAL OF TREATMENT MEDICATIONS IN JAILS .
BillSB18-263 Summarybe (Note:postponed indefinitely.
This** summary*** applies** to*** this** bill*SB263_H_JUD.001* as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill e n passes third reading in the house of introduction, a bill summary that m 8 applies to the reengrossed version of this bill will be available at T n 0 A U , http://leg.colorado.gov.) E i y S a a The bill creates a pilot program in the department of human R M r services(department)toestablishthesafetyandeffectivenessofallowing 3 a licensed psychiatrist to petition the court for authority to administer medications in a jail over the objection of a respondent.
The advisory g board to the department (advisoryboard) shall approve anyapplying jail i a for participation in the pilot program if it has established a contract with E R 1 A n 2 N 2 2 Shading denotes HOUSE amendment.
Double underlining denotes SENATE amendment.
S e a Capital letters or bold & italic numbers indicate new material to be added to existing statune.M Dashes through the words indicate deletions from existing statute.
e A a facility designated by the department and also meets the minimum criteria established in the bill.
The advisory board shall only authorize a maximumof 5jailstoparticipateinthepilotprogram.Thepilot program will be monitored by the office of behavioral health.
The office of behavioral health and the sheriff or appropriate law enforcement for a jail applying to participate in the pilot program shall collaboratively develop requirements for a participating jail.
Requirements for information and affirmations are to be included in the petition to the court.
The department is required to report on the pilot program on or before December 31, 2021.
The pilot program is repealed, effective September 1, 2022.
Languageisclarifiedconcerninghearingsandjurisdictionincases broughttothecourtformentalhealthproceedings,includinginvoluntary administration of medications and certifications.
If such a case is presented to a jury, the jury shall only hear evidence on the issue of whether the person has a mental health disorder and, as a result of such mental health disorder, is a danger to others or to himself or herself or is gravely disabled.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1.
In Colorado Revised Statutes, 27-65-102, add (12.5) as follows:
27-65-102.
Definitions.
As used in this article 65, unless the context otherwise requires:
(12.5) "O FFICE OF BEHAVIORAL HEALTH "MEANS THE OFFICE OF BEHAVIORAL HEALTH IN THE DEPARTMENT .
SECTION 2.
In Colorado Revised Statutes, add 27-65-132 as follows:
27-65-132.
Pilot program to allow for court approval of treatment medications in jails - creation - purpose - requirements - reporting - rules - repeal.
(1) TRE IS CREATED IN THE DEPARTMENT A PILOT PROGRAM TO ALLOW FOR COURT APPROVAL OF TREATMENT MEDICATIONS IN JAILS , REFERRED TO IN THIS SECTION AS THE "PILOT PROGRAM ".T HE PURPOSE OF THE PILOT PROGRAM IS TO DETERMINE AND , -2- 263 IF APPROPRIATE, ESTABLISH THE SAFETY AND EFFECTIVENESS OF ALLOWING A LICENSED PSYCHIATRIST TO PETITIO,AS PROVIDED FOR IN SUBSECTION (2)OF THIS SECTION,A DISTRICT COURT OF APPROPRIATE JURISDICTION THAT IS SITTING AS PROBATE COURT FOR AUTHORITY TO ADMINISTER MEDICATIONS IN THE JAIL ,OVER THE OBJECTION OF A RESPONDENT ,PURSUANTTOSECTION 27-65-111(5).FIVEORFEWERJAILS MAYPARTICIPATEINTHEPILOTPROGRAMAFTERSEEKINGANDOBTAINING WRITTEN APPROVAL BASED ON THE REQUIREMENTS ESTABLISHED BY THE ADVISORY BOARD ESTABLISHED IN SECTION27-65-131,REFERRED TO IN THISSECTIONASTHE "ADVISORYBOARD ".RIORTOAPPROVINGAJAILTO PARTICIPATE IN THE PILOT PROGRA,THE ADVISORY BOARD SHALL SEEK INPUT FROM A MEMBERSHIP ASSOCIATION THAT REPRESENTS DEFENSE ATTORNEYS WITH EXPERIENCE WORKING WITH RESPONDENTS WHO HAVE MENTALHEALTHISSUES .ONCEAPPROVEDASAPARTICIPANTINTHEPILOT PROGRAM , THE APPROVED JAIL IS SUBJECT TO OVERSIGHT AND MONITORING BY THE OFFICE OF BEHAVIORAL HEALTH AND WILL BE REQUIRED TO REMAIN IN CONTINUED COMPLIANCE WITH RULES PROMULGATED BY THE DEPARTMENT ,PURSUANT TO SUBSECTION (6)OF THIS SECTION, INCLUDING RULES THAT ENSURE THAT RESPONDENTS RECEIVING PSYCHOTROPIC MEDICATIONS HAVE ACCESS TO APPROPRIATE AND NECESSARY HEALTH CARE OVERSIGHT AND SERVICES .
AJAIL MAY NOT PARTICIPATE IN THE PILOT PROGRAM UNTIL THE DEPARTMENT HAS ADOPTED RULES PURSUANT TO SUBSECTION (6)OF THIS SECTIO.
(2)(a) TEPETITIONTOTHECOURTREQUIREDBYSUBSECTION (1) OF THIS SECTION MUST INCLUDE THE FOLLOWING INFORMATION AND ASSERTIONS:
(I) THAT THE RESPONDENT IS NOT COMPETENT TO EFFECTIVELY -3- 263 PARTICIPATE IN TREATMENT DECISIONS REGARDING MEDICATION;
(II) THAT THE REQUESTED MEDICATIONS ARE NECESSARY TO PREVENT A SIGNIFICANT AND LIKELY LO-TERM DETERIORATION IN THE RESPONDENT S MENTAL HEALTH CONDITION AND ARE NECESSARY TO REDUCE THE LIKELIHOOD THAT THE RESPONDENT MAY CAUSE SERIOUS HARM TO HIMSELF OR HERSELF OR TO OTHERS IN THE J;IL (III) TAT AVIABLE,LESSINVASIVE TREATMENT ALTERNATIVE IS NOT AVAILABLE ;
(IV) T HAT THE RESPONDENT S NEED FOR TREATMENT BY PSYCHOTROPIC MEDICATION IS SUFFICIENTLY COMPELLING TO OVERRIDE ANY BONAFIDE AND LEGITIMATE INTERESTS OF THE RESPONDENT IN REFUSING TREATMENT ;AND (V) W HAT CLASS OR NAME OF MEDICATION IS BEING RECOMMENDED AS MORE LIKELY THAN NOT BENEFICIAL TO THE RESPONDENT .
(b) THECOURTSHALLGRANTAPETITIONFORADMINISTRATIONOF INVOLUNTARY MEDICATIONS FOR A MAXIMUM PERIOD OFTHREE MONTHS THAT IS TRANSFERABLE BETWEEN JAILS PARTICIPATING IN THE PILOT PROGRAM .
P RIOR TO THE CONCLUSION OF THE THREE-MONTH AUTHORIZATION PERIOD ,IF THE CRITERIA SET FORTH IN THE ORIGINAL PETITION STILL EXIS,THE LICENSED PSYCHIATRIST MAY PETITION THE COURT FOR AN ADDITIONAL THREE -MONTH PERIOD DURING WHICH TO ADMINISTER THE AUTHORIZED MEDICATIONS .
THE CRITERIA FOR MEDICATION MUST INCLUDE:
(I) MEDICATION AVAILABILITY IN THE JAIL IN WHICH THE RESPONDENT IS HELD;AND (II) IDENTIFICATION OF LESS INTRUSIVE METHODS ALREADY -4- 263 ATTEMPTED .
(3) THE ADVISORY BOARD SHALL MAKE RECOMMENDATIONS TO THE EXECUTIVE DIRECTOR FOR UP TO FIVE JAILS TO PARTICIPATE IN THE PILOTPROGRAM .ALLRECOMMENDATIONSFROMTHEADVISORYBOARDTO THEEXECUTIVEDIRECTORMUST HAVE RECEIVEDTWO -THIRDSAPPROVAL PRIORTOTHEEXECUTIVE DIRECTORIMPLEMENTINGTHEPILOTPROGRAM .
A NY APPLYING JAIL MUST HAVE ESTABLISHED A CONTRACT WITH A FACILITY,AS DEFINED IN SECTION27-65-102 (7)DESIGNATED BY THE EXECUTIVE DIRECTOR PURSUANT TO THIS ARTICLE65 AND BE ABLE TO CONTINUOUSLY MEET THE MINIMUM CRITERIA SET FORTH IN THIS SUBSECTION (3)ANDANYREQUIREMENTSOFRULESTOBEPROMULGATED BY THE DEPARTMENT DURING THE TIME PERIOD IT IS A PARTICI.THE EXECUTIVE DIRECTOR SHALL NOT APPROVE MORE THAN FIVE JAILS TO PARTICIPATE INTHE PILOT PROGRA.THE MINIMUMCRITERIATOBE MET , AS DETERMINED BY RULE AND AS DETERMINED COLLABORATIVELY BETWEENTHEOFFICEOFBEHAVIORALHEALTHANDTHESHERIFFSORLAW ENFORCEMENT RESPONSIBLE FOR AN APPLYING JAI,INCLUDE:
(a) MAINTAINAMEMORANDUMOFAGREEMENTWITHTHECLOSEST HOSPITAL TO THE JAIL THAT IS ACCREDITED BY A NATIONALLY RECOGNIZED ORGANIZATION FOR THE PROVISION OF HEALTH SERVICES IF AT ANY TIME THERE IS AN ADVERSE EFFECT FROM THE ADMINISTRATION OF TREATMENT MEDICATIONS THROUGH THE PILOT PROGRAM ;
(b) M AINTAIN THE ABILITY TO TRANSFER CARE , UPON A RESPONDENT 'S RELEASE, TO A MENTAL HEALTH AGENCY THAT IS APPROVED BY THE OFFICE OF BEHAVIORAL HEALTH AND THAT IS EASILY ACCESSIBLETOTHERESPONDENT .A NAPPOINTMENTMUSTBEMADEWITH THE APPROPRIATE MENTAL HEALTH AGENCY ON THE RESPONDENT S -5- 263 BEHALF FOR NO LATER THAN SEVENTY -TWO HOURS UPON HIS OR HER RELEASE.
THE OFFICE OF BEHAVIORAL HEALTH SHALL CONTRACT FOR TRANSITIONALSERVICESTOBEAVAILABLEFORRESPONDENTSWHOHAVE BEENAPPROVEDBYTHECOURTFORTHEADMINISTRATIONOFTREATMENT MEDICATIONS IN A JAIL THAT IS PARTICIPATING IN THE PILOT PR.GRAM (c) (I) HAVE TWENTY -FOUR-HOUR ACCESS TO A TREATING PSYCHIATRIST, EITHER EMPLOYED OR UNDER CONTRACT , WHO IS RESPONSIBLEFORTHEEVALUATIONANDTREATMENTOFEACHINDIVIDUAL WHO IS ADMINISTERED MEDICATIONS PURSUANT TO THIS SECTION.
HE TREATING PSYCHIATRIST MAY DELEGATE PARTS OF HIS OR HER DUTIE, EXCEPTASLIMITEDBYSUBSECTION (3)(c)(IOFTHISSECTION LICENSING STATUTES ,THE MEMORANDUM OF AGREEMENT ,OR THE PROVISIONS OF THIS SECTION OR RULES PROMULGATED BY THE DEPARTMENT.
(II) ESURETHAT THE PSYCHIATRISTWHOSIGNSTHEPETITIONTO THE COURT FOR THE ADMINISTRATION OF TREATMENT MEDICATIONS PURSUANTTOTHISSECTIONHASCONDUCTEDANIN -PERSONEVALUATION OF THE RESPONDENT PRIOR TO SIGNING THE PETITION TO THE CO;RT (d) ENSURE THAT A RESPONDENT WHO WAS APPROVED BY THE COURT TO RECEIVE TREATMENT MEDICATIONS AGAINST HIS OR HER WILL IS MONITORED DAILY BY A LICENSED PSYCHIATRIST , PSYCHIATRIC REGISTERED NURSE ,PSYCHIATRIC PHYSICIAN'S ASSISTANT,LICENSED PROFESSIONAL COUNSELOR ,LICENSED PSYCHOLOGIST , OR LICENSED CLINICAL SOCIAL WORKER;AND (e) M AINTAIN CONFIDENTIAL INDIVIDUAL DOCUMENTATION ON TREATMENTMEDICATIONSADMINISTEREDINTHEJAILTHROUGHTHEPILOT PROGRAM AS FOLLOWS :
(I) PSYCHIATRIC MEDICATIONS THAT WERE REQUESTED , ANY -6- 263 ADVERSE EFFECTS EXPERIENCED BY THE RESPONDENT WHO RECEIVED SUCH MEDICATIONS ,WHAT ACTIONS WERE TAKEN BY THE JAIL WHEN ADVERSE EFFECTS OCCURRED ,AND ANY OUTCOMES FROM ADVERSE EFFECTS OF PSYCHIATRIC MEDICATIONS ADMINISTERED THROUGH THE PILOT PROGRAM ;
(II) TE CRIME ANDCHARGE FORWHICHTHERESPONDENTWASIN CUSTODY ;
(III) HE RESPONDENT'S BOND ELIGIBILI;Y (IV) THE AMOUNT OF TIME THE RESPONDENT WAS IN CUSTODY , INCLUDING THE DATE OF BOOKING INTO THE JAIL AND THE DATE OF RELEASE;
(V) DATACONCERNINGTHETRANSITIONALAPPOINTMENTWITHA MENTAL HEALTH AGENCY ,INCLUDING THE DATE OF THE APPOINTMENT AND NAME OF THE MENTAL HEALTH AGENCY ;
(VI) D OCUMENTATION ON EFFORTS MADE TO ENCOURAGE THE RESPONDENT TO TAKE THE PRESCRIBED MEDICATIONS VOLUNTARILY;
(VII) DOCUMENTATION ON EFFORTS TO FIND AN AVAILABLE BED IN THE COMMUNITY FOR BEHAVIORAL HEALTH TREATMENT , IF APPROPRIATE;
(VIII) AYOTHERINDIVIDUALDATAASDETERMINEDNECESSARY BY THE DEPARTMENT NECESSARY FOR ONGOING TREATMENT PURPOSES ;
(IX) ESTABLISHMENT OF STANDARDS AND PROTOCOLS FOR DOCUMENTATION AND OBSERVATION OF THE RESPONDENT 'S BEHAVIOR, ESPECIALLY WITHIN THE FIRST FORTY-EIGHT HOURS FOLLOWING THE ADMINISTRATIONOFTHEMEDICATION .STANDARDSANDPROTOCOLSMUST INCLUDE ,BUT NEED NOT BE LIMITED TO ,ADVERSE EFFECTS OF THE MEDICATION AS EXPERIENCED BY THE RESPONDENT ;
ANY ASSAULTIVE -7- 263 BEHAVIOR ;AND ANY NEW CHARGES FILED DURING OR THROUGHOUT THE COURSE OF THE ADMINISTRATION OF MEDICATIO.
(X) ESTABLISHMENT OF STANDARDS AND PROTOCOLS FOR DOCUMENTING CRITICAL INCIDENTS ,INCLUDING BUT NOT LIMITED TO SANCTIONING OR CLOSING A PILOT PROGRAM THAT FAILS TO ADHERE TO THE RULES ESTABLISHED BY THE STATE BOARD OF HUMAN SERVICE.
(4) ON OR BEFOREDECEMBER 31,2020,THE DEPARTMENT SHALL SUBMIT A REPORT TO THE PUBLIC HEALTH CARE AND HUMAN SERVICES COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE HEALTH AND HUMAN SERVICES COMMITTEE OF THE SENATE , OR ANY SUCCESSOR COMMITTEES ,DURING THE "STATE MEASUREMENT FOR ACCOUNTABLE , R ESPONSIV,AND TRANSPARENT (SMART)G OVERNMENT A CT"HEARING REQUIRED BY SECTION2-7-203,CONCERNING THE STATUS OF THE PILOT PROGRAM AND ANY STATISTICALLY RELEVANT DATA .
(5) ON OR BEFOREDECEMBER 31,2021,IF THE ADVISORY BOARD APPROVESANYJAILTOPARTICIPATEINTHEPILOTPROGRAMPURSUANTTO SUBSECTION (1)OF THIS SECTIO,THE DEPARTMENT SHALL PROVIDE A SUMMARYREPORT CONCERNINGTHE SAFETYANDEFFECTIVENESSOFTHE PROGRAMTOTHEPUBLICHEALTHCAREANDHUMANSERVICESCOMMITTEE OF THE HOUSE OF REPRESENTATIVE,THE HEALTH AND HUMAN SERVICES COMMITTEE OF THE SENATE , AND THE LEGISLATIVE OVERSIGHT COMMITTEE CONCERNING THE TREATMENT OF PERSONS WITH MENTAL HEALTHDISORDERSINTHECRIMINALANDJUVENILEJUSTICESYSTEMS ,OR ANYSUCCESSORCOMMITTEES .ATAMINIMUM ,THEREPORTMUSTINCLUDE SUMMARYDATATHATDOESNOTINCLUDEANYPERSONALLYIDENTIFYING INFORMATION AND :
(a) ASUMMARY OF PSYCHIATRIC MEDICATIONS REQUESTED AND -8- 263 ADMINISTERED THROUGH THE PILOT PROGRAM ;
(b) THE AVERAGE AMOUNT OF TIME OF CUSTODY FOR RESPONDENTS WHO WERE ADMINISTERED MEDICATIONS THROUGH THE PILOT PROGRAM ;
(c) ASUMMARY LIST OF THE CRIMES WITH WHICH RESPONDENTS WHO WERE ADMINISTERED MEDICATIONS THROUGH THE PILOT PROGRAM WERE CHARGED ;
(d) ASUMMARYOFDATARELATEDTOAPPOINTMENTSATMENTAL HEALTH AGENCIES AFTER RELEASE FOR RESPONDENTS WHO WERE ADMINISTERED MEDICATIONS THROUGH THE PILOT PROGRAM ;AND (e) AYOTHERSUMMARYINFORMATIONDETERMINEDNECESSARY BY THE DEPARTMENT .
(6) O N OR BEFOREA UGUST 1, 2018,THE DEPARTMENT SHALL PROMULGATE RULES AS NECESSARY TO CONSISTENTLY ENFORCE THE PROVISIONS OF THIS SECTI,INCLUDING BUT NOT LIMITED T:
(a) THE MINIMUM NECESSARY CONTENTS OF THE MEMORANDUM OF AGREEMENT BETWEEN A JAIL AND A HOSPITA;
(b) A REQUIREMENT THAT ENSURES THAT RESPONDENTS RECEIVING PSYCHOTROPIC MEDICATIONS HAVE ACCESS TO APPROPRIATE AND NECESSARY HEALTH CARE OVERSIGHT AND SERVICES;
(c) DISCIPLINARY ACTIONS THAT WILL OCCUR IF A JAIL THAT IS PARTICIPATING IN THE PILOT PROGRAM IS OUT OF COMPLIANCE WITH THE PARAMETERS OF THE PILOT PROGRAM ESTABLISHED PURSUANT TO THIS SECTION;AND (d)R EGULATIONS FOR PSYCHIATRIC MEDICATION.
(7) THIS SECTION IS REPEAL,EFFECTIVESEPTEMBER 1, 2022.
SECTION 3.
In Colorado Revised Statutes, 27-65-111, amend -9- 263 (1), (4), and (5) as follows:
27-65-111.
Hearing procedures - jurisdiction.
(1) HearingsA HEARING before the court pursuant to section 27-65-107, 27-65-108, or 27-65-109, areOR 27-65-132 ISconducted in the same manner as other civil proceedings before the court.
The burden of proof is on the person or facilityseeking to detainFORCIBLY MEDICATE the respondent.
The court or jury shall determine that the respondent is in need of care and treatment onlyif the court orjuryfindsbyclear and convincing evidence that the person has a mental health disorder and, as a result of the mental health disorder, is a danger to others or to himself or herself oris gravely disabled.
(4) The court in which the petition is filed underSUANT TO section 27-65-106 OR 27-65-132 or the certification is filed under PURSUANT TO section 27-65-107 shall be IS the court of original jurisdiction and of continuing jurisdiction for any further proceedings under this articleRSUANT TO THIS ARTICLE 65.
When the convenience of the parties and the ends of justice would be promoted by a change in the court having jurisdiction, the court may order a transfer of the proceeding to another county.
Until further order of the transferee court, if any, it shall behe court of continuing jurisdiction.
(5) (a) (I) In the event that a respondent or a person found not guilty by reason of impaired mental condition pursuant to section 16-8-103.5 (5), C.R.S., or by reason of insanity pursuant to section 16-8-105 (4) or 16-8-105.5, C.R.S., refuses to accept medication, the court having jurisdiction of the action pursuant to subsection (4) of this section, the court committing the person or defendant to the custody of the department pursuant to section 16-8-103.5 (5), 16-8-105 (4), or -10- 263 16-8-105.5, C.R.S., or the court of the jurisdiction in which the designated facilitytreating the respondent orpersonis located shall have IN THE EVENT THAT A RESPONDENT WHO IS SUBJECT TO PROCEEDINGS PURSUANT TO SUBSECTION (4)OF THIS SECTION REFUSES TO ACCEPT MEDICATIONOROTHERRECOMMENDEDTREATMENTS ,THECOURTHAVING JURISDICTION OF THE ACTION PURSUANT TO SUBSECTION (4) OF THIS SECTION HAS JURISDICTION AND VENUE TO ACCEPT A PETITION BY A TREATING PHYSICIAN AND TO ENTER AN ORDER REQUIRING THAT THE RESPONDENT OR PERSON ACCEPT SUCH MEDICATION OR TREATMENT OR , IN THE ALTERNATIVE,THAT THE REQUESTED MEDICATION BE FORCIBLY ADMINISTEREDTOHIMORHER .UPONTHEFILINGOFSUCHAPETITION ,THE COURT SHALL APPOINT AN ATTORNEY,IF ONE HAS NOT BEEN APPOINTE, TO REPRESENT THE RESPONDENT OR PERSON AND HEAR THE MATTER WITHIN TEN DAYS.
(II) I THE EVENT THAT A PERSON WHO IS FOUND NOT GUILTY BY REASON OF IMPAIRED MENTAL CONDITION PURSUANT TO SECTION 16-8-103.5(5),OR BY REASON OF INSANITY PURSUANT TO SECTION 16-8-105(4)OR16-8-105.5REFUSESTOACCEPTMEDICATION ,THECOURT COMMITTING THE PERSON OR DEFENDANT TO THE CUSTODY OF THE DEPARTMENT PURSUANT TO SECTION 16-8-103.5 (5), 16-8-105 (OR, 16-8-105.5HAS jurisdiction and venue to accept a petition by a treating physician and to enter an order requiring that the respondent or person acceptsuchtreatmentor,inthealternative,thatthemedicationbeforcibly administered to him or her.
The court of the jurisdiction in which the designatedfacilityislocatedshallnotexerciseitsjurisdictionwithoutthe permission of the court that committed the person to the custody of the department.
Upon the filing of such a petition, the court shall appoint an -11- 263 attorney, if one has not been appointed, to represent the respondent or person and hear the matter within ten days.
(b) In anycase brought under paragraph (a) of this subsection (5) PURSUANT TO SUBSECTION (5)(a)(II)OF THIS SECTION in a court for the county in which the treating facility is located, the county where the proceeding was initiated pursuant to subsection (4) of this section or the courtcommittingthe person to the custodyof the department pursuantto section 16-8-103.5 (5), 16-8-105 (4), or 16-8-105.5, C.R.S.,l either reimbursethecountyinwhichtheproceedingpursuanttothissubsection (5) was filed and in which the proceeding was held for the reasonable costs incurred in conducting the proceeding or conduct the proceeding itself using its own personnel and resources, including its own district or county attorney, as the case may be.
(c) In the case of a defendant who is found incompetent to proceedpursuanttosection16-8.5-103C.R.S., andwhorefusestoaccept medication, the jurisdiction for the petition for involuntary treatment procedures shall beS as set forth in section 16-8.5-112.
C.R.S.
SECTION 4.
Safety clause.
The general assemblyherebyfinds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.
-12- 263