In Colorado, a judge can order someone to go to substance use treatment. This happens in civil court through a process called involuntary commitment (IC). The Behavioral Health Administration (BHA) decides on the treatment. Last updated: August 18, 2024.
Laws and rules
A statute is a written law made by a state legislature or the United States Congress. These are the Colorado Revised Statutes (CRS) about substance use commitment processes:
- CRS 27-81-111 (Emergency Commitment)
- CRS 27-81-112 (Involuntary Commitment)
Substance use Emergency Commitment (EC)
Emergency commitment (EC) is when a person is placed in a licensed withdrawal management (WM) facility for up to 5 days without their consent.
Facts about EC
- Can last up to 5 days (120 hours)
- Must be authorized by a licensed withdrawal management (WM) facility
- Is for an intoxicated or incapacitated person who is dangerous to the health and safety of themselves or others (supported by clear facts from a reputable source)
- Reviewed every 24 hours to make sure the person on the EC continues to meet criteria
- For more details, read the EC process guide
How to apply
Contact a licensed withdrawal management (WM) facility for an application. To apply, you must:
- Be 18 years or older
- Have first-hand knowledge of the situation, and seen the behavior of the person you want to commit
The application must include facts and information that the person needing commitment is:
- Intoxicated, incapacitated, or both
- Dangerous to themselves or others
What happens next
After you submit an application, it gets reviewed by the WM facility’s administrator or authorized person. If they agree that the criteria for emergency commitment are met, they’ll approve. The emergency commitment period starts when they sign, date, and time the application. The individual is detained, evaluated, and treated for up to 5 days. The program can let the person go and refer them to voluntary treatment sooner, if appropriate.
If the reviewer decides that the criteria for commitment are not met, the application is denied. The person is encouraged to seek voluntary treatment if appropriate. They get discharged upon request.
Advice for considering an IC
Not all ECs will or should lead to an Involuntary Commitment (IC). We urge families and others to contact our team to discuss your case, since each is different. We have documents and info to help you understand the process and what to consider before pursuing an IC.
Substance use Involuntary Commitment (IC)
Under Colorado Involuntary Commitment (IC) Statutes, a person can be committed to BHA for up to 270 days. During this time, they’re placed in a treatment program that fits their needs. They go under the custody of the BHA, and the BHA checks their progress and reports to the court as needed.
Involuntary commitment should be a last resort. It’s for people who:
- Refuse all voluntary substance use treatment
- Are a danger to themselves or others because of their substance use
- Are medically stable enough for an emergency commitment
- Can gain from substance use treatment when sober
About the process
Involuntary commitment (IC) is a civil legal process. Before you begin, the person needing commitment must be placed on an emergency commitment (EC). Follow the steps to apply for an EC. Once the person is placed on an EC, you can apply for an IC.
A court order is needed to get an IC. You need to file a petition to apply. The person has the right to contest the IC in court and get a lawyer if they can’t afford one.
If the court orders the commitment, the person goes under the custody of the BHA. Due to privacy laws (HIPAA and 42 CFR Part 2), the BHA cannot share treatment information with the petitioner or family.
For more details, read the Involuntary Commitment Process Guide.
How to apply
To submit an IC application, you must:
- Be 18 years or older
- Have first-hand knowledge of the situation and seen the behavior of the person you want to commit
- Be able to testify in court
No one can be committed for substance use issues only. They must have refused voluntary treatment and show that they are either of these:
- Dangerous to themselves or others (ex: they've made a threat or done an act of physical harm)
- Incapacitated such that they're a danger to themselves or others
Read our tips for completing the IC application for detailed guidance on filling out an application.
To start applying or learn more, contact the BHA team or a licensed withdrawal management facility in your area. Facilities are open 24 hours a day, seven days a week.
Forms and Flyers
Here are more detailed resources to navigate the IC process:
BHA contact and support
The Substance Use Commitment Team at BHA is here to provide guidance and support. We’re available Monday–Friday, 8:00 AM–5:00 PM Mountain Time, and closed on holidays. Allow up to 24 hours for a return call.
- Phone: (303)-866-7502
- Email: cdhs_bha_ic@state.co.us
The BHA team isn't a 24-hour service. If we're unavailable and you need urgent guidance, you can work with a Withdrawal Management (WM) facility until our staff can help. Due to high inquiries, our office can’t accommodate in-person appointments. Also, because of court processes, we are often offsite and not at the BHA.
If you’re having a mental health or substance crisis, call or text 988 to connect to a trained care specialist. The service is free, confidential, and available 24/7.
Common Questions and Answers
Withdrawal Management
| Question | Answer |
| What if a person needs medical care before Withdrawal Management? | They can stay in a hospital. The hospital will work with a Withdrawal Management (WM) facility for the EC process, IC process, or both. |
| What are the responsibilities of a Withdrawal Management (WM) facility versus a hospital? | The hospital is responsible for medical care. The WM facility is responsible for assessing, monitoring, and coordinating care for people intoxicated by substances. |
| Can Withdrawal Management (WM) facilities accept minors? | Not all of them. Only Denver Health's adolescent inpatient unit currently accepts minors and has 3 beds for them. |
Emergency Commitment
| Question | Answer |
| Can someone be on an EC and an M1 hold at the same time? | No. An M1 hold is for people who have a mental health disorder and are a danger to themselves or others. For more info on Mental Health involuntary treatment, contact the 27-65 Team or email Taylor Linn (taylor.linn@state.co.us) or Hailey Klingele (hailey.klingele@state.co.us). |
| Can you start the EC process if the person needing commitment isn’t present? | No; the person needing commitment must be present. |
| Can a person be sober when being placed on an EC? | Yes, in some situations. |
| Can a person be placed on back-to-back ECs? | No. After 5 days, the EC must end, and the person must be discharged or move to voluntary status. |
| What can a person do or not do while on an EC? | The person must stay at a licensed WM facility and be checked every 24 hours to see if they still meet the EC criteria. They can't be restrained unless in a hospital and following facility rules. They can't leave unless the EC is lifted. |
| Are facilities locked throughout the EC and IC processes? | Each facility has different levels of security. There are no locked treatment programs under these processes. People can leave court-ordered treatment. If someone might run from an unlocked program, this might not be the best option for them. |
| How are discharges handled with an EC? | If an EC is lifted or expires, the person can leave at any time. They might choose to stay voluntarily. |
| How can information be shared with the petitioner? | Respondents have rights to confidentiality throughout the EC and IC processes, and must sign a Release of Information for the treatment facility to give updates to anyone. |
| If a person is unwilling to go to a Withdrawal Management facility or Hospital, how can you get them on an EC? | The concerned party can call law enforcement if the person is a danger to themselves or others. Law enforcement can then take them to a hospital or detox facility. |
Involuntary Commitment
| Question | Answer |
| Is there a cost for substance treatment on an IC? | Substance use treatment is paid for by Medicaid, private insurance, or other funding. People on an IC won’t get a treatment bill. The only cost might be if a client moves to a sober living home. |
| Are facilities locked throughout the EC and IC processes? | Each facility has different levels of security. There are no locked treatment programs under these processes. People can leave court-ordered treatment. If someone might run from an unlocked program, this might not be the best option for them. |
| How can information be shared with the petitioner? | Respondents have rights to confidentiality throughout the EC and IC processes, and must sign a Release of Information for the treatment facility to give updates to anyone. |
Police Involvement
| Question | Answer |
| Can a police officer involuntarily detain a person to get them on an EC? | A police officer can put a person in Protective Custody to take them to a hospital or withdrawal management facility. |
| What is the role of a police officer in the EC process? | Law enforcement can do welfare checks and, in some cases, take a person to a hospital or withdrawal management facility. They only get involved in EC or IC processes if the person has behavioral or substance problems that need police action. |
Hospital & Physician Involvement
| Question | Answer |
| What does the commitment process look like if it starts at a hospital? | The hospital will work with a Withdrawal Management (WM) facility for the EC process, IC process, or both. |
| What is a physician’s responsibility if involved with an EC? | The physician evaluates the person on an EC and decides if they support the commitment. If they do, the IC process can go forward. If not, the EC is lifted, and the person moves to voluntary status. If the case goes to a hearing, the physician might need to testify in court. |