Colo. Rev. Stat. § 17-26-140

Current through Acts effective through 5/29/2024 of the 2024 Legislative Session
Section 17-26-140 - Continuity of care for persons released from jail
(1) If a person is treated for a substance use disorder at any time during the person's incarceration, the county jail shall, at a minimum, conduct the following before releasing the person from the county jail's custody:
(a) Provide post-release resources developed pursuant to section 17-1-103 (1)(r) to the person;
(b) Provide a list of available substance use providers, to the extent the behavioral health administration in the department of human services has such a list available;
(c) If the person received or has been assessed to receive medication-assisted treatment while in jail, has a history of substance use in the community or while in jail, or requests opiate antagonists upon release, provide the person, upon release from the jail, at least eight milligrams of an opiate antagonist via inhalation or its equivalent and provide education to the person about the appropriate use of the medication;
(d) If the person received medication-assisted treatment while in jail, has a history of substance use, or requests opiate use-disorder medication, prescribe to the person, upon release from the jail, medication for an opiate use disorder and provide education to the person about the appropriate use of the medication; and
(e) Coordinate continued care for the person, including scheduling an appointment for the person with a substance use provider with the ability to continue the person's treatment, provide the person with detailed information about the scheduled appointment, provide the person with a prescription for the medication that the person was taking while in custody at the facility in an amount that is at least sufficient to sustain the person until the scheduled appointment, and provide the person with a referral to the care coordination infrastructure described in section 27-60-204.
(2) A county jail shall provide medicaid enrollment or reenrollment paperwork to a person who is incarcerated in the jail and is eligible for medicaid benefits when the person enters the county jail. The county jail must file the medicaid paperwork with the county department of health and human services upon releasing the person from the county jail's custody.
(3) As used in this section, "opiate antagonist" means naloxone hydrochloride or any similarly acting drug that is not a controlled substance and that is approved by the federal food and drug administration for the treatment of a drug overdose.
(4) Notwithstanding any requirement of this section, a county jail shall not delay a person's release from the county jail because the jail cannot timely comply with a requirement of this section.

C.R.S. § 17-26-140

Amended by 2023 Ch. 303,§ 21, eff. 8/7/2023.
Amended by 2022 Ch. 225, § 16, eff. 1/1/2023.
Amended by 2022 Ch. 222, § 22, eff. 7/1/2022.
Amended by 2022 Ch. 193, § 10, eff. 5/19/2022.
Added by 2020 Ch. 288, § 6, eff. 9/14/2020.
L. 2020: Entire section added, (HB 20-1017), ch. 1425, p. 1425, § 6, effective September 14.
2023 Ch. 303, was passed without a safety clause. See Colo. Const. art. V, § 1(3).