HB 15-1269 Summary

• Department of Corrections executive director may only transfer inmates with mental illness or developmental disabilities who cannot be safely confined to Department of Human Services facilities if the department follows an established policy with due process guarantees.

• Department of Corrections must develop and maintain a transfer policy providing due process guarantees by August 1, 2015, prior to transferring inmates to Department of Human Services facilities for observation and stabilization.

• Costs associated with care provided at Department of Human Services facilities are charged to the Department of Human Services, not the Department of Corrections.

• Department of Human Services executive director may transfer persons receiving care at Colorado Mental Health Institute at Pueblo or Fort Logan back to correctional facilities only if the person is serving a sentence to the department.

• Superintendent of a Department of Human Services facility must notify the executive director when a transferred person is stabilized or cannot be safely confined, triggering return to the correctional facility to serve out their sentence.