Substance Abuse in the Criminal Justice System

C.R.S. tit. 16, art. 11.5
in effect

C.R.S. § 16-11.5-101 Legislative declaration

16-11.5-101. Legislative declaration. The general assembly declares that substance abuse, specifically the abuse of alcohol and controlled substances, is a major problem in the criminal justice system of the state of Colorado and in the entire nation. Substance abuse is a significant factor in the commission of crimes, and it is a significant factor in impeding the rehabilitation of persons convicted of crimes, which results in an increased rate of recidivism. Therefore, the general assembly resolves to curtail the disastrous effects of substance abuse in the criminal justice system by providing for consistency in the response to substance abuse throughout the criminal justice system and to improve and standardize substance abuse treatment for people at each stage of the criminal justice system and to provide a range of individualized behavioral responses for people who do not respond successfully to substance abuse treatment while the people are involved with the criminal justice system.

C.R.S. § 16-11.5-102 Substance abuse assessment - standardized procedure

16-11.5-102. Substance abuse assessment - standardized procedure. (1) The judicial department, the department of corrections, the state board of parole, the division of criminal justice of the department of public safety, and the department of public health and environment shall cooperate to develop and implement the following: (a) A standardized procedure for the assessment of the use of controlled substances by offenders, which procedure shall include the administration of a chemical test of such offender for the presence of controlled substances or alcohol, or such other test of the offender for the presence of controlled substances or alcohol as deemed appropriate by the supervising agency. The assessment procedure developed pursuant to this paragraph (a) shall provide an evaluation of the extent of an offender's abuse of substances, if any, and recommend treatment which is appropriate to the needs of the particular offender. (b) A system of programs for education and treatment of abuse of substances which can be utilized by offenders who are placed on probation, incarcerated with the department of corrections, placed on parole, or placed in community corrections. The programs developed pursuant to this paragraph (b) shall be as flexible as possible so that such programs may be utilized by each particular offender to the extent appropriate to that offender. The programs developed pursuant to this paragraph (b) shall be structured in such a manner that the programs provide a continuum of education and treatment programs for each offender as he proceeds through the criminal justice system and may include, but shall not be limited to, attendance at self-help groups, group counseling, individual counseling, outpatient treatment, inpatient treatment, day care, or treatment in a therapeutic community. Also, such programs shall be developed in such a manner that, to the extent possible, the programs may be accessed by all offenders in the criminal justice system. Any programs developed pursuant to this paragraph (b) shall include a system of periodic or random chemical testing for the presence of controlled substances or alcohol, or such other testing as provided in paragraph (a) of this subsection (1). The frequency of such testing shall be that which is appropriate to the particular offender in accordance with the offender's assessment performed pursuant to paragraph (a) of this subsection (1). (c) A system of punitive sanctions for offenders who test positive for the use of substances subsequent to the initial test and after being placed in an education or treatment program. The sanctions developed pursuant to this paragraph (c) should allow for appropriate responses by the criminal justice system to each occurrence of a positive test by an offender, each of which shall become a permanent part of the offender's record. (2) to (9) Repealed.

C.R.S. § 16-11.5-103 Substance abuse assessment required - convicted felons - controlled substance offenders

16-11.5-103. Substance abuse assessment required - convicted felons - controlled substance offenders. (Repealed)

C.R.S. § 16-11.5-104 Sentencing of felons - parole of felons - treatment and testing based upon assessment required

16-11.5-104. Sentencing of felons - parole of felons - treatment and testing based upon assessment required. (Repealed)

C.R.S. § 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.

C.R.S. § 16-11.5-106 Samples for testing of offenders - collected by probation or community parole officers or contract providers of testing services

16-11.5-106. Samples for testing of offenders - collected by probation or community parole officers or contract providers of testing services. Any type of sample for the chemical testing of any offender for the presence of controlled substances or alcohol pursuant to this article may be collected from the offender by his or her probation officer, community parole officer, case manager within the department of corrections, or any contract provider of testing services.

C.R.S. § 16-11.5-107 Report to the general assembly

16-11.5-107. Report to the general assembly. (Repealed)
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-16.docxFetched: 10/6/2026