Implementing SB 20-007: Updates to the Substance Use Civil Commitment Process

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Sept. 23, 2020: Effective July 13, 2020, Senate Bill (SB) 20-007 (Section 11 through Section 27) consolidated and modernized Colorado's laws regarding the emergency treatment and voluntary and involuntary commitment of persons for treatment of alcohol use disorder and substance use disorder (SUD). Specifically SB 20-007 changed the terminology throughout § 27-81, C.R.S. to include alcohol and drugs into one substance use disorder treatment process, allowing for the complete repeal of § 27-82, C.R.S. 

In addition to creating one section of Colorado laws for the SUD civil commitment process, SB 20-007:

  • Allows the required physician exam to be completed within 10 days (previously two days) before submission of the involuntary commitment petition [27-81-112(1), C.R.S. (Signed SB20-007 pg. 17)];

  • Allows an individual to enter into a stipulated order for committed treatment, expediting placement into treatment [§ 27-81-112(3)(a) and (b), C.R.S. (Signed SB20-007 pg. 18)];

  • Removes the mandatory hearing for the initial involuntary commitment but directs the court to set a hearing date no later than 10 days, excluding weekends and holidays, if the person contests the petition for committed treatment [§ 27-81-112(3)(c), C.R.S. (Signed SB20-007 pg. 18)];

  • Adjusts the duration of the initial involuntary commitment from 30 days to up to 90 days. Therefore, the possible maximum involuntary commitment time has increased from 7 months (210 days) to 9 months (270 days) [§ 27-81-112(7), C.R.S. (Signed SB20-007 pg. 20)]; and,

  • Creates laws for the "Rights of persons receiving evaluation, care, or treatment" relating to civil commitment. A facility must immediately advise each person orally and in writing of those rights [§ 27-81-114, C.R.S. (Signed SB20-007 pg. 23)].

To implement the changes to the substance use disorder civil commitment process, the Office of Behavioral Health (OBH) has updated the commitment forms, created a Patient Rights Form and will be updating the emergency and involuntary commitment rules. Updated forms and additional information regarding Substance Use Civil Commitments are located on the OBH website under Substance Use Emergency Commitment/Substance Use Involuntary Commitment.

If you have any questions about SB 20-007 or how to implement any of the provisions of the updated substance use civil commitment laws, please email cdhs_obhsubstance_ic@state.co.us or call the involuntary commitment phone line at 303-866-7502.