HB25-1172 makes a targeted set of changes to Colorado law to allow a state-owned psychiatric residential treatment facility for youth to operate with a secure perimeter fence. The bill defines a “state-owned psychiatric residential treatment facility” as a psychiatric residential treatment facility on state-owned property that may have a secure perimeter fence, and it clarifies that such a facility is not the same as a private secure residential treatment center.
The bill also updates several related statutes so that placement of a juvenile in this type of state-owned psychiatric facility is not treated as “detention” or “restraint” under juvenile justice and school restraint provisions. In addition, it directs the state board to adopt admission rules for the facility to ensure compliance with state and federal laws and with rules from the departments of health care policy and financing and public health and environment. Overall, the measure is aimed at aligning Colorado’s definitions and regulatory framework with the operation of a secure state-run youth psychiatric facility.
Impact
The bill amends definitions and operational rules across Titles 19, 25.5, 26, and 26.20 of the Colorado Revised Statutes. It changes how juvenile placement in a state-owned psychiatric residential treatment facility is classified, removes that placement from the legal definitions of detention and restraint in specified contexts, and excludes the facility from the definition of a private secure residential treatment center. It also authorizes the facility to use a secure perimeter fence and requires rulemaking for admissions and compliance standards, affecting juvenile justice, behavioral health, child welfare, and education-related restraint law.
Sentiment
The voting history suggests generally favorable sentiment toward the bill, with strong bipartisan support in both chambers. It passed the House committee unanimously and the Senate Judiciary Committee unanimously, and it cleared third reading in the Senate by a wide margin. The House floor vote was more divided, indicating some concern or disagreement, but the overall trajectory shows broad legislative support for the bill’s core purpose.
Contention
The main point of contention appears to be the policy choice to allow a secure perimeter fence at a state-owned youth psychiatric facility and to carve that placement out of detention and restraint definitions. Supporters likely viewed the bill as a necessary clarification to permit safe operation and regulatory compliance for a state-run treatment setting. Opponents, reflected in the narrower House floor vote, may have been concerned about the implications of a secure fence around a psychiatric facility for minors, including whether it resembles detention or institutional confinement rather than treatment.
Authorizes provision of residential mental health services in residential substance use disorders treatment facility or program under specified hospital affiliation and clinical support criteria.
Commissioner of human services required to establish a minimum per diem rate for a specified psychiatric residential treatment facility, Clay County facility funding provided, facility start-up and capacity-building grants funding provided, and money appropriated.