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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0749.01 Chelsea Princell x4335 HOUSE BILL 26-1285
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
CONCERNING A PROHIBITION ON ADMITTING A PERSON WHO IS101
REQUIRED TO REGISTER THE PERSON 'S RESIDENCE IN102
ACCORDANCE WITH THE "COLORADO SEX OFFENDER103
REGISTRATION ACT" IN A MENTAL HEALTH RESIDENTIAL104
FACILITY THAT IS LOCATED NEAR A SCHOOL.105
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
HOUSE SPONSORSHIP
Goldstein,
SENATE SPONSORSHIP
Mullica,
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:1
SECTION 1. In Colorado Revised Statutes, 27-71-103, amend2
(2)(c) as follows:3
27-71-103. Mental health residential facilities - additional beds4
- definition.5
(2) (c) The state department, in collaboration with the behavioral6
health administration and the department of health care policy and7
financing, shall establish criteria for admissions and discharge planning,8
quality assurance monitoring, appropriate length of stay, and compliance9
with applicable federal law. For the mental health residential facilities10
created pursuant to this section, admission criteria fo r faciliti es must11
include:12
(I) Prioritization of people with serious mental illness who have13
complex or co-occurring conditions as defined by the state department;14
and15
(II) For treatment beds that do not serve individuals covered under16
a home- and community-based waiver, offering priority placement to17
individuals under a certification for short-term or extended short-term18
treatment pursuant to section 27-65-107 or 27-65-108 and long-term care19
and treatment pursuant to section 27-65-109 on an outpatient basis; AND20
(III) F OR INDIVIDUALS WHO ARE REQUIRED TO REGISTER THEIR21
RESIDENCE PURSUANT TO THE PROVISIONS OF THE "COLORADO SEX22
OFFENDER REGISTRATION ACT", ARTICLE 22 OF TITLE 16, A PROHIBITION23
HB26-1285-2-
ON ADMITTING THE INDIVIDUAL TO A MENTAL HEALTH RESIDENTIAL1
FACILITY LOCATED WITHIN ONE THOUSAND FEET OF A SCHOOL . THE2
ONE-THOUSAND-FOOT DISTANCE MUST BE COMPUTED BY DIRECT3
MEASUREMENT FROM THE NEAREST PROPERTY LINE OF THE LAND USED4
FOR SCHOOL PURPOSES TO THE NEAREST PORTION OF THE MENTAL HEALTH5
RESIDENTIAL FACILITY, USING A ROUTE OF DIRECT PEDESTRIAN ACCESS. AS6
USED IN THIS SUBSECTION (2)(c)(III), " SCHOOL" MEANS A PUBLIC ,7
PAROCHIAL, OR PRIVATE SCHOOL THAT PROVIDES A BASIC ACADEMIC8
EDUCATION IN COMPLIANCE WITH SCHOOL ATTENDANCE LAWS FOR9
STUDENTS IN ANY OF GRADES ONE THROUGH TWELVE.10
SECTION 2. Act subject to petition - effective date. This act11
takes effect at 12:01 a.m. on the day following the expiration of the12
ninety-day period after final adjournment of the general assembly (August13
12, 2026, if adjour nment sine die is on May 13, 2026); except that, if a14
referendum petition is filed pursuant to section 1 (3) of article V of the15
state constitution against this act or an item, section, or part of this act16
within such period, then the act, item, section, or part will not take effect17
unless approved by the people at the general election to be held in18
November 2026 and, in such case, will take effect on the date of the19
official declaration of the vote thereon by the governor.20
HB26-1285-3-