Colorado § 17-26-140 - Continuity of care for persons released from jail - definition.

§ 17-26-140. Continuity of care for persons released from jail - definition.

(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 opioid antagonists upon release, provide the person, upon release from the jail, at least eight milligrams of an opioid 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 human or social services upon releasing the person from the county jail's custody.

(3) As used in this section, "opioid 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.

Source: L. 2020: Entire section added, (HB 20-1017), ch. 288, p. 1425, § 6, effective September 14. L. 2022: (2) amended, (SB 22-196), ch. 193, p. 1293, § 10, effective May 19; (1)(b) amended, (HB 22-1278), ch. 222, p. 1495, § 22, effective July 1; (1) amended and (3) and (4) added, (HB 22-1326), ch. 225, p. 1642, § 16, effective January 1, 2023. L. 2023: (1)(b) amended, (HB 23-1301), ch. 303, p. 1821, § 21, effective August 7. L. 2024: (1)(c) and (3) amended, (HB 24-1037), ch. 458, p. 3169, § 15, effective June 6; (2) amended, (HB 24-1222), ch. 155, p. 686, § 2, effective August 7.

Editor's note: (1) Section 57(1)(e) of chapter 225 (HB 22-1326), Session Laws of Colorado 2022, provides that the act changing this section takes effect only if HB 22-1278 (chapter 222) becomes law and takes effect January 1, 2023, or on the effective date of HB 22-1278, whichever is later. HB 22-1278 became law and took effect July 1, 2022.

(2) Amendments to subsection (1)(b) by HB 22-1278 and HB 22-1326 were harmonized, effective January 1, 2023.

Cross references: (1) For the legislative declaration in SB 22-196, see section 1 of chapter 193, Session Laws of Colorado 2022.

(2) For the legislative declaration in HB 22-1326 stating the purpose of, and the provision directing legislative staff agencies to conduct, a post-enactment review pursuant to § 2-2-1201 scheduled in 2025, see sections 1 and 55 of chapter 225, Session Laws of Colorado 2022. To obtain a copy of the review, once completed, go to "Legislative Resources and Requirements" on the Colorado General Assembly's website.