Section 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.L. 91: Entire article added, p. 437, § 3, effective May 29. L. 94: IP(1) and (3) amended, pp. 2731, 2604, §§ 351, 3, effective July 1. L. 2000: (3) amended, p. 491, § 2, effective May 4. L. 2002: (3)(b)(I) amended, p. 1496, § 147, effective October 1. L. 2003: (3)(a) amended and (4) to (9) added, p. 2686, § 5, effective July 1. L. 2009: (9) repealed, (SB 09-292), ch. 1947, p. 1947, § 27, effective August 5. L. 2010: (3)(c) added, (HB 10-1352), ch. 259, p. 1171, § 10, effective August 11. L. 2011: (3)(a) amended, (HB 11-1303), ch. 1154, p. 1154, § 24, effective August 10. L. 2012: (2), (3), (4), (5), (6), (7), and (8) repealed, (HB 12-1310), ch. 1411, p. 1411, § 37, June 7.Subsection (3)(b)(II) provided for the repeal of subsection (3)(b), effective July 1, 2006. (See L. 2000, p. 491.)
For the legislative declaration contained in the 1994 act amending the introductory portion to subsection (1) and subsection (3), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration contained in the 2002 act amending subsection (3)(b)(I), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration contained in the 2003 act amending subsection (3)(a) and enacting subsections (4) to (9), see section 1 of chapter 424, Session Laws of Colorado 2003.