Saturday, February 15, 2014

Need Some Help On Colorado Law

I am working on a paper for the Independence Institute of Colorado.  The paper is primarily aimed at influencing Colorado legislators (with whom the Independence Institute has some influence), but it will likely be used in other states as well.  Several advocacy groups report that Colorado law authorizes court-ordered outpatient treatment.  But what section of Colorado law does that?  I can't find any clear statement of this in statute.  Anyone here sufficiently knowledgeable in Colorado mental health law to clarify this?

UPDATE: It took some digging through the case law, but I found it.

Colorado law already provides for outpatient treatment orders for those found incompetent to stand trial,[i] as well as for involuntary civil commitment.[ii]

[i] Colo. Rev. Stats. § 16-8.5-111(a) (2008) (“As a condition of bond, the court may require the defendant to obtain any treatment or habilitation services that are available to the defendant, such as inpatient or outpatient treatment at a community mental health center or in any other appropriate treatment setting, as determined by the court.”)
[ii] Colo. Rev. Stats. § 27-65-107 (2010) (“The respondent for short-term treatment or his or her attorney may at any time file a written request that the certification for short-term treatment or the treatment be reviewed by the court or that the treatment be on an outpatient basis.”)

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