Admission to Mental Health Residential Facility

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED HOUSE BILL 26-1285 LLS NO. 26-0749.01 Chelsea Princell x4335 HOUSE SPONSORSHIP Goldstein, SENATE SPONSORSHIP Mullica, House Committees Senate Committees Judiciary A BILL FOR AN ACT CONCERNING A PROHIBITION ON ADMITTING A PERSON WHO IS REQUIRED ACCORDANCE REGISTRATION ACT" IN A MENTAL HEALTH RESIDENTIAL FACILITY THAT IS LOCATED NEAR A SCHOOL.

TO PERSON'S REGISTER THE WITH "COLORADO SEX OFFENDER THE RESIDENCE IN Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill requires the department of human services to include in the admission criteria for admitting a person to a mental health residential Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law.

facility a prohibition on admitting a person who is required to register the person's residence in accordance with the "Colorado Sex Offender Registration Act" to a mental health residential facility that is located within 1,000 feet of a school.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. In Colorado Revised Statutes, 27-71-103, amend (2)(c) as follows:

27-71-103. Mental health residential facilities - additional beds - definition.

(2) (c) The state department, in collaboration with the behavioral health administration and the department of health care policy and financing, shall establish criteria for admissions and discharge planning, quality assurance monitoring, appropriate length of stay, and compliance with applicable federal law. For the mental health residential facilities created pursuant to this section, admission criteria for facilities must include:

(I) Prioritization of people with serious mental illness who have complex or co-occurring conditions as defined by the state department;

and

(II) For treatment beds that do not serve individuals covered under a home- and community-based waiver, offering priority placement to individuals under a certification for short-term or extended short-term treatment pursuant to section 27-65-107 or 27-65-108 and long-term care and treatment pursuant to section 27-65-109 on an outpatient basis; AND

(III) FOR INDIVIDUALS WHO ARE REQUIRED TO REGISTER THEIR RESIDENCE PURSUANT TO THE PROVISIONS OF THE "COLORADO SEX OFFENDER REGISTRATION ACT", ARTICLE 22 OF TITLE 16, A PROHIBITION ON ADMITTING THE INDIVIDUAL TO A MENTAL HEALTH RESIDENTIAL FACILITY LOCATED WITHIN ONE THOUSAND FEET OF A SCHOOL. THE ONE-THOUSAND-FOOT DISTANCE MUST BE COMPUTED BY DIRECT MEASUREMENT FROM THE NEAREST PROPERTY LINE OF THE LAND USED FOR SCHOOL PURPOSES TO THE NEAREST PORTION OF THE MENTAL HEALTH RESIDENTIAL FACILITY, USING A ROUTE OF DIRECT PEDESTRIAN ACCESS. AS USED IN THIS SUBSECTION PAROCHIAL, OR PRIVATE SCHOOL THAT PROVIDES A BASIC ACADEMIC EDUCATION IN COMPLIANCE WITH SCHOOL ATTENDANCE LAWS FOR STUDENTS IN ANY OF GRADES ONE THROUGH TWELVE.

(2)(c)(III), "SCHOOL" MEANS A PUBLIC,

SECTION 2. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.