Colorado § 16-11.5-105 - Departments shall develop testing programs and behavioral response systems.

§ 16-11.5-105. Departments shall develop testing programs and behavioral response systems.

(1) The judicial department, the department of public health and environment, the department of corrections, the state board of parole, and the division of criminal justice of the department of public safety shall cooperate to develop programs for the periodic testing of offenders under the jurisdiction of each agency and programs for the periodic reassessment of appropriate offenders under the jurisdiction of each agency. Any such periodic testing or treatment of an offender shall be based upon recommendations of appropriate treatment and testing made in the initial substance abuse assessment required by section 18-1.3-209, C.R.S., or any subsequent reassessment.

(2) Any offender who tests positive for the use of alcohol or controlled substances subsequent to the initial test required by section 18-1.3-209 shall be subjected to a system of structured and individualized behavioral responses. The judicial department, the department of corrections, the state board of parole, and the division of criminal justice of the department of public safety shall cooperate to develop and make public a range of structured and individualized behavioral responses for those people under the jurisdiction of each agency that are appropriate to the people supervised by each particular agency. A system of structured and individualized behavioral responses must include an accountability-based series of behavioral responses, sanctions, incentives, and services designed to respond to an offender's violation behavior quickly, fairly, consistently, and proportionally. The system must also be designed to motivate positive behavior change, successful completion of supervision, and an offender's individualized treatment or behavior change goals using research-informed strategies designed to reduce the likelihood of continued involvement with the criminal justice system. It is the intent of the general assembly that any offender's test that is positive for the use of controlled substances or alcohol is addressed with a range of behavioral responses prior to consideration for revocation or resentencing by the court or prior to consideration of revocation by the state board of parole.

(3) The judicial department, the department of corrections, the state board of parole, and the division of criminal justice of the department of public safety shall cooperate to develop and implement a range of incentives for offenders under the jurisdiction of each particular agency to motivate recovery from a substance use disorder and abstinence from harmful use of alcohol or controlled substances.

(4) On or before July 1, 1992, the state board of parole shall develop and make public guidelines for the revocation of parole due to the abuse of alcohol or controlled substances in violation of this article.

Source: L. 91: Entire article added, p. 440, § 3, effective May 29. L. 94: (1) amended, p. 2732, § 352, effective July 1. L. 2002: (1) and (2) amended, p. 1496, § 148, effective October 1. L. 2022: (2) and (3) amended, (HB 22-1257), ch. 69, p. 355, § 7, effective April 7.

Cross references: For the legislative declaration contained in the 1994 act amending subsection (1), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration contained in the 2002 act amending subsections (1) and (2), see section 1 of chapter 318, Session Laws of Colorado 2002.

ANNOTATION

When read together, the substance abuse in the criminal justice system statutes and § 17-2-103 authorize, but do not require, the board of parole to revoke parole and return a parolee to the department of corrections based upon a single positive drug test. Whidden v. People, 78 P.3d 1092 (Colo. 2003).