Section 17-23-101 - Transfer of an inmate who has a behavioral or mental health disorder or an intellectual and developmental disability(1)(a) The executive director, in coordination with the executive director of the department of human services, may only transfer an inmate who has a behavioral or mental health disorder or an intellectual and developmental disability and who cannot be safely confined in a correctional facility to an appropriate facility operated by the department of human services for observation and stabilization if the department of corrections follows the policy established pursuant to subsection (1)(b) of this section. The costs associated with care provided in the facility operated by the department of human services are charged to the department of human services.(b) On or before August 1, 2015, the department of corrections shall develop and maintain a policy that provides for due process guarantees prior to the transfer of an inmate who cannot be safely confined in a correctional facility to a facility operated by the department of human services for observation and stabilization.(2) (Deleted by amendment, L. 2000, p. 846, § 43, effective May 24, 2000.)(3) The executive director of the department of human services may transfer to a correctional facility a person who is receiving care at the Colorado mental health institute at Pueblo or Fort Logan only if the person is serving a sentence to the department.(4) (Deleted by amendment, L. 2000, p. 846, § 43, effective May 24, 2000.)Amended by 2017 Ch. 263, § 132, eff. 5/25/2017.Amended by 2015 Ch. 117, § 1, eff. 4/24/2015.L. 77: Entire title R&RE, p. 926, § 10, effective August 1. L. 79: (1), (2), and (4) amended, p. 697, § 59, effective July 1. L. 91: (1), (3), and (4) amended, p. 1143, § 7, effective May 18. L. 94: (1) amended, p. 604, § 9, effective July 1; (3) amended, p. 2652, § 129, effective July 1. L. 2000: Entire section amended, p. 846, § 43, effective May 24. L. 2006: (1) and (3) amended, p. 1398, § 46, effective August 7. L. 2015: (1) and (3) amended, (HB 15-1269), ch. 117, p. 354, § 1, effective April 24. L. 2017: (1)(a) amended, (SB 17-242), ch. 263, p. 1303, § 132, effective May 25.This section is similar to former § 27-23-101 as it existed prior to 1977.
(1) For records required upon transfer, see § 17-1-108 . (2) For the legislative declaration contained in the 1994 act amending subsection (3), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.