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HB26-1116 • 2026

Process for People with Behavioral Health Disorder

The bill aligns the process for invoking an emergency commitment for an individual under the influence of or incapacitated by substances with the process for invoking an emergency mental health hold.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Rep. R. Gonzalez, Rep. G. Rydin, Sen. M. Ball, Rep. A. Boesenecker, Rep. K. Brown, Rep. C. Clifford, Rep. M. Duran, Rep. R. English, Rep. J. Joseph, Rep. S. Lieder, Rep. M. Lindsay, Rep. B. Marshall, Rep. J. McCluskie, Rep. K. Nguyen, Rep. E. Sirota
Last action
2026-04-13
Official status
Senate Second Reading Passed - No Amendments
Effective date
Not listed

Plain English Breakdown

The official summary does not provide details on the court's role or specific requirements for behavioral health licenses, which were included in the candidate explanation.

Process for People with Behavioral Health Disorders

This bill aligns the process for emergency commitments due to substance use or incapacitation with that of mental health holds and extends follow-up times after discharge from an emergency hold.

What This Bill Does

  • Aligns the process of committing someone to an emergency facility due to substance use or incapacitation with the process for a mental health hold.
  • Extends the time facilities must follow up with individuals after they are discharged from an emergency mental health hold from 48 hours to 72 hours.

Who It Names or Affects

  • People who need emergency behavioral health care due to substance use or mental health issues.
  • Facilities that provide emergency mental health holds.

Terms To Know

Emergency commitment
A process where someone is involuntarily admitted to a facility for treatment due to substance use or mental health issues.

Limits and Unknowns

  • The bill does not specify what happens if a referendum petition is filed against it.
  • It's unclear how the extended follow-up period will affect patient care and outcomes.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

L.004

HOU Health & Human Services

Passed [*]

Plain English: The amendment changes the timing for certain actions related to individuals with behavioral health disorders and alters how some sections of the bill are numbered and effective.

  • Removes specific lines and pages from the original bill text, which likely contained detailed provisions about emergency commitments or holds.
  • Modifies the timeline for follow-up after discharge, changing it from forty-eight hours to seventy-two hours, excluding weekends and holidays.
  • Updates language regarding inspections conducted by the Division of Fire Prevention and Control.
  • The exact content removed from pages 3 through 20 is not provided in the amendment text, making it unclear what specific provisions were deleted.
  • Without additional context, it's hard to explain fully how renumbering sections will affect the bill's structure.

Bill History

  1. 2026-04-13 Senate

    Senate Second Reading Passed - No Amendments

  2. 2026-04-09 Senate

    Senate Committee on Health & Human Services Refer Unamended - Consent Calendar to Senate Committee of the Whole

  3. 2026-03-20 Senate

    Introduced In Senate - Assigned to Health & Human Services

  4. 2026-03-16 House

    House Third Reading Passed - No Amendments

  5. 2026-03-13 House

    House Second Reading Special Order - Passed with Amendments - Committee

  6. 2026-03-11 House

    House Committee on Health & Human Services Refer Amended to House Committee of the Whole

  7. 2026-02-04 House

    Introduced In House - Assigned to Health & Human Services

Official Summary Text

The bill aligns the process for invoking an emergency commitment for an individual under the influence of or incapacitated by substances with the process for invoking an emergency mental health hold.

For a criminal defendant who has completed a competency evaluation, the bill authorizes the department of human services to include in its discharge plan and plan for community-based restoration services a component of mental health treatment and ongoing clinical support. The bill authorizes a court to include, in an order regarding the custody of the defendant and the defendant's bond status, a requirement for the defendant to participate in mental health treatment.
After an individual has been discharged from
the

a
facility where
the

an
individual was held for an emergency mental health hold, current law requires the facility to attempt to follow up with the individual at least 48 hours after discharge. The bill extends the time to attempt to follow up with the individual to 72 hours.
The behavioral health administration (BHA) shall only issue or renew a license for a behavioral health entity if the BHA receives a certificate of compliance for the applicant's building or structure from the division of fire prevention and control. The bill adds the following exceptions to this requirement:
An applicant that provides only telehealth services is not required to receive a certificate of compliance; and
An applicant that provides only outpatient services may receive a certificate of compliance from
the division of fire prevention and control based on inspections conducted by
a fire department that employs a certified inspector rather than from the division of fire prevention and control.
(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Current Bill Text

Read the full stored bill text
Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 26-0574.01 Shelby Ross x4510 HOUSE BILL 26-1116
House Committees Senate Committees
Health & Human Services Health & Human Services
A BILL FOR AN ACT
CONCERNING PROCESSES RELATED TO INDIVIDUALS WITH BEHAVIORAL101
HEALTH DISORDERS.102
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 aligns the process for invoking an emergency commitment
for an individual under the influence of or incapacitated by substances
with the process for invoking an emergency mental health hold.
For a criminal defendant who has completed a competency
evaluation, the bill authorizes the department of human services to
include in its discharge plan and plan for community-based restoration
SENATE
2nd Reading Unamended
April 13, 2026
HOUSE
3rd Reading Unamended
March 16, 2026
HOUSE
Amended 2nd Reading
March 13, 2026
HOUSE SPONSORSHIP
Rydin and Gonzalez R., Boesenecker, Brown, Clifford, Duran, English, Joseph, Lieder,
Lindsay, Marshall, McCluskie, Nguyen, Sirota
SENATE SPONSORSHIP
Ball,
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.
services a component of mental health treatment and ongoing clinical
support. The bill authorizes a court to include, in an order regarding the
custody of the defendant and the defendant's bond status, a requirement
for the defendant to participate in mental health treatment.
After an individual has been discharged from the facility where the
individual was held for an emergency mental health hold, current law
requires the facility to attempt to follow up with the individual at least 48
hours after discharge. The bill extends the time to attempt to follow up
with the individual to 72 hours.
The behavioral health administration (BHA) shall only issue or
renew a license for a behavioral health entity if the BHA receives a
certificate of compliance for the applicant's building or structure from the
division of fire prevention and control. The bill adds the following
exceptions to this requirement:
! An applicant that provides only telehealth services is not
required to receive a certificate of compliance; and
! An applicant that provides only outpatient services may
receive a certificate of compliance from a fire department
that employs a certified inspector rather than from the
division of fire prevention and control.
Be it enacted by the General Assembly of the State of Colorado:1
2
SECTION 1. In Colorado Revised Statutes, 27-65-106, amend3
(8)(d)(I) as follows:4
27-65-106. Emergency mental health hold - screening -5
court-ordered evaluation - discharge instructions - respondent's6
rights.7
(8) (d) (I) The facility shall, at a minimum, attempt to follow up8
with the person, the person's parent or legal guardian, or the person's lay9
person at least forty-eight WITHIN SEVENTY -TWO hours after discharge,10
EXCLUDING WEEKENDS AND HOLIDAYS . The facility is encouraged to11
utilize peer support professionals, as defined in section 27-60-108 (2)(b),12
when performing follow-up care with individuals and in developing a13
continuing care plan pursuant to subsection (8)(a)(I) of this section. The14
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facility may facilitate follow-up care through contracts with1
community-based behavioral health providers or the 988 crisis hotline2
operated pursuant to section 27-64- 103. If the facility f acilitates3
follow-up care through a third-party contract, the facility shall obtain4
authorization from the person to provide follow-up care.5
SECTION 2. In Colorado Revised Statutes, 27-50-501, amend6
(3) as follows:7
27-50-501. Behavioral health entities - license required -8
criminal and civil penalties.9
(3) (a) Notwithstanding any provision of law to the contrary, the10
BHA shall not ONLY issue or renew any A license described in this part11
5 unless IF the BHA receives a certificate of compliance for the12
applicant's building or structure from the division of fire prevention and13
control in the department of public safety in accordance with part 12 of14
article 33.5 of title 24; EXCEPT THAT:15
(I) AN APPLICANT THAT PROVIDES ONLY TELEHEALTH SERVICES IS16
NOT REQUIRED TO RECEIVE A CERTIFICATE OF COMPLIANCE; AND17
(II) AN APPLICANT THAT PROVIDES ONLY OUTPATIENT SERVICES18
MAY RECEIVE A CERTIFICATE OF COMPLIANCE FROM THE DIVISION OF FIRE19
PREVENTION AND CONTROL BASED ON INSPECTIONS CONDUCTED BY A FIRE20
DEPARTMENT, AS DEFINED IN SECTION 24-33.5-1202, THAT EMPLOYS AN21
INSPECTOR CERTIFIED PURSUANT TO SECTION 24-33.5-1211 RATHER THAN22
FROM THE DIVISION OF FIRE PREVENTION AND CONTROL.23
(b) The BHA shall take action on an application for licensure24
within thirty days after the date that the BHA receives from the applicant25
all of the necessary information and documentation required for licensure.26
including a certificate of compliance from the division of fire prevention27
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and control.1
SECTION 3. Act subject to petition - effective date. This act2
takes effect at 12:01 a.m. on the day following the expiration of the3
ninety-day period after final adjournment of the general assembly (August4
12, 2026, if adjour nment sine die is on May 13, 2026); except that, if a5
referendum petition is filed pursuant to section 1 (3) of article V of the6
state constitution against this act or an item, section, or part of this act7
within such period, then the act, item, section, or part will not take effect8
unless approved by the people at the general election to be held in9
November 2026 and, in such case, will take effect on the date of the10
official declaration of the vote thereon by the governor.11
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