Concerning a prohibition on admitting a person who is required to register the person's residence in accordance with the "Colorado Sex Offender Registration Act" in a mental health residential facility that is located near a school.
Summary
HB26-1285 would require the Colorado Department of Human Services, in setting admission criteria for state-created mental health residential facilities, to prohibit admission of any person who is required to register their residence under the Colorado Sex Offender Registration Act if the facility is located within 1,000 feet of a school. The bill defines how that distance must be measured, using direct measurement from the nearest property line of school land to the nearest portion of the facility along a route of direct pedestrian access, and defines “school” to include public, parochial, and private schools serving grades 1 through 12.
The measure amends Colorado law governing mental health residential facilities, specifically C.R.S. 27-71-103, by adding a new mandatory admission restriction to the criteria already established for these facilities. It would affect the department, behavioral health administration, and health care policy and financing in their administration of facility standards, and it would limit placement options for individuals subject to sex offender registration requirements when a facility is near a school. The bill is subject to referendum and would take effect after the standard post-session period unless challenged and approved by voters in November 2026.
Impact
The bill would change state law by adding a categorical exclusion to the admission criteria for certain mental health residential facilities, requiring state agencies to bar admission of registered sex offenders to facilities within 1,000 feet of a school. This would directly affect facility operators, state administrators, and individuals required to register under the Colorado Sex Offender Registration Act, while also creating a new statutory distance standard and school definition for enforcement.
Sentiment
The available context suggests the bill was not advanced out of the House Judiciary Committee, as it was postponed indefinitely on April 14, 2026. No vote record or committee transcript is provided, so there is no detailed evidence of support or opposition in the record here. The bill’s subject matter indicates a public-safety-oriented approach, but the lack of recorded discussion prevents a fuller assessment of sentiment among lawmakers.
Contention
The main point of contention is likely the balance between public safety and access to behavioral health treatment. Supporters would likely emphasize protecting schoolchildren and nearby communities from housing registered sex offenders in close proximity to schools, while opponents could argue the restriction reduces available treatment placements and may complicate care for a population with serious mental health needs. The bill’s categorical nature and its effect on admission eligibility, rather than individualized assessment, are the most likely sources of disagreement.