As used in this article 95, unless the context otherwise requires:
(1) Behavioral health challenge refers to mental health and co-occurring challenges that may or may not have been previously diagnosed, including substance use challenges and mental disabilities.
(2) Behavioral health services or behavioral health systems means service systems that encompass prevention and promotion of emotional health, prevention and treatment services for behavioral health challenges, and recovery support.
(2.5) Bridges court liaison means a person who is hired or contracted by the office as a court liaison pursuant to this article 95.
(2.6) Bridges court liaison program or court liaison program means the court liaison program created pursuant to section 13-95-105.
(2.7) Bridges wraparound care coordinator means a person who is hired or contracted by the office as a wraparound care coordinator pursuant to section 13-95-105 (2).
(2.8) Bridges wraparound care program means the bridges wraparound care program created pursuant to section 16-8.6-103.
(3) Co-occurring challenge means a disorder that may or may not have been previously diagnosed that commonly coincides with behavioral health challenges and may include, but is not limited to, substance abuse and substance use disorders, intellectual and developmental disabilities, fetal alcohol syndrome, and traumatic brain injury.
(4) Commission means the bridges of Colorado commission created in section 13-95-104.
(5) Repealed.
(6) Director means the director of the office described in section 13-95-103.
(7) Mental disability means a psychiatric disability, developmental disability, learning disability, or cognitive impairment, including a traumatic brain injury and dementia diseases and related disabilities as defined in section 25-1-502.
(8) Office means the office of bridges of Colorado established in section 13-95-103.
(9) Participant means an individual with behavioral health challenges who is involved with the criminal or juvenile justice system and for whom a bridges court liaison or bridges wraparound care coordinator has been appointed pursuant to a court order.
(10) Repealed.
(11) Social determinants of health means the non-medical factors that influence health outcomes, including health-care access and quality, education access and quality, social and community context, economic stability, housing, and transportation.
(12) State court administrator means the state court administrator established pursuant to section 13-3-101.
Source: L. 2023: Entire article added, (SB 23-229), ch. 119, p. 434, � 1, effective April 27. L. 2024: (2.5), (2.6), (2.7), and (2.8) added, (4), (8), and (9) amended, and (5) and (10) repealed, (HB 24-1355), ch. 471, p. 3305, � 3, effective August 7.
Editor's note: This section is similar to former � 16-11.9-202 as it existed prior to 2023.
13-95-103. Office of bridges of Colorado - administrative support - director - confidentiality - repeal. (1) (a) There is created the office of bridges of Colorado as an independent agency in the judicial department. The office has the powers and duties described in this article 95. The purpose of the office is to identify and dedicate behavioral health professionals to provide services through the bridges court liaison program and the bridges wraparound care program in each state judicial district.
(b) The office shall provide services, as described in sections 13-95-104, 13-95-105, and article 8.6 of title 16, to individuals accused of crimes or delinquent acts. The office shall provide services to participants independently of any political considerations or private interests.
(c) (I) The head of the office is the director. Except for the initial director of the office described in subsection (1)(c)(II) of this section, the commission shall appoint the director. The director shall employ or contract with persons necessary to discharge the functions of the office in accordance with this article 95.
(II) (A) Notwithstanding the appointment authority described in subsection (1)(c)(I) of this section, the individual who, on April 27, 2023, is serving as director of the statewide behavioral health court liaison program, as it existed prior to its repeal in 2023, is the director of the office for a term expiring June 30, 2026. After the initial term of appointment, the commission may appoint the individual as director pursuant to subsection (1)(c)(I) of this section. The commission may remove the director serving pursuant to this subsection (1)(c)(II)(A) for cause.
(B) This subsection (1)(c)(II) is repealed, effective December 31, 2026.
(2) (a) The office and commission shall not disclose information provided by an individual participating in the bridges court liaison program or bridges wraparound care program even if the information is relied upon when compiling information for a court report or other report requested or required by the court, unless:
(I) The disclosure is made in connection with and included in a report filed with the court or as required pursuant to court-ordered action by a bridges court liaison or a bridges wraparound care coordinator;
(II) The defense counsel and the individual participating in the bridges court liaison program or bridges wraparound care program agree to the disclosure; or
(III) The disclosure is required in order to comply with mandatory reporting requirements pursuant to sections 18-6.5-108 and 19-3-304.
(b) A bridges court liaison and a bridges wraparound care coordinator shall only disclose information reported to the court by the bridges court liaison or bridges wraparound care coordinator pursuant to a court order, but the information must be restricted if the information is otherwise limited by court rules.
(c) A report requested or required by the court may be suppressed or sealed based on the contents of the report.
(d) This subsection (2) does not:
(I) Prevent the office from disclosing that a bridges court liaison or bridges wraparound care coordinator was appointed to a case or has access to the contents of an order that directs the office to take action, as long as the court order is not otherwise restricted from disclosure; or
(II) Limit the rights of a valid subpoena, an individual participating in the bridges court liaison program or bridges wraparound care program, the defense attorney, a person who requests the program participant's medical records upon submitting an authorization that complies with the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. sec. 1320d, as amended, or a court order authorizing the inspection of the program participant's medical records or mental health data pursuant to section 24-72-204 (3)(a)(I).
(3) (a) As an included agency for the purposes of article 100 of this title 13, the office receives administrative and fiscal support services from the office of administrative services for independent agencies.
(b) Repealed.
(4) (a) The office and judicial department shall enter into a memorandum of understanding to provide the office, including the office's employees or contractors, electronic read-only access to the name index and register of actions for those case types necessary to carry out the office's statutory purpose and the duties of the office's court appointment. The memorandum of understanding must also delineate a filing process for the office, including the office's employees and contractors, to submit reports to the court.
(b) The judicial department shall provide transition services to establish the office until the department and the office determine that the transition is complete.
(5) The office shall pay the expenses of the bridges of Colorado commission, established in section 13-95-104.
Source: L. 2023: Entire article added, (SB 23-229), ch. 119, p. 435, � 1, effective April 27. L. 2024: (1)(a), (1)(b), (1)(c)(II)(A), (4)(a), and (5) amended and (2) added, (HB 24-1355), ch. 471, p. 3305, � 4, effective August 7.
Editor's note: Subsection (3)(b)(II) provided for the repeal of subsection (3)(b), effective June 30, 2024. (See L. 2023, p. 435.)
13-95-104. Bridges of Colorado commission - creation - membership - duties - repeal. (1) There is created in the office the bridges of Colorado commission to support the office.
(2) (a) The commission is comprised of the following members:
(I) The executive director of the Colorado district attorneys' council, or the executive director's designee;
(II) The state public defender, or the state public defender's designee;
(III) The commissioner of the behavioral health administration, or the commissioner's designee;
(IV) The director of the office within a state department responsible for assisting civil and forensic mental health patients, or the director's designee;
(V) The state court administrator, or the state court administrator's designee; and
(VI) The following members, appointed by the chief justice of the Colorado supreme court:
(A) A representative from a disability rights organization that provides services to the populations served by the office;
(B) A representative from a behavioral health, disability, or criminal justice advocacy organization that advocates for the populations served by the office;
(C) A representative from an organization that provides housing or other resources to the populations served by the office; and
(D) Three Colorado residents, at least two of whom are individuals with lived experience reflective of the populations served by the office.
(b) The chief justice shall make appointments to the commission pursuant to subsection (2)(a)(VI) of this section no later than July 1, 2023.
(c) Members appointed by the chief justice must not be employed or under contract with the office or the office within a state department responsible for assisting civil and forensic mental health patients. To represent the diversity of the communities served by the office, when making designations or appointments to the commission, the designating and appointing authorities shall consider a designee's or appointee's place of residence or employment, gender and gender identity, sexual orientation, ability, race, ethnic background, and lived experience.
(d) (I) Except for the initial appointments made pursuant to subsection (2)(d)(II) of this section, the term of appointment for each member appointed by the chief justice pursuant to subsection (2)(a)(VI) of this section is three years. The chief justice may reappoint a member for additional terms.
(II) (A) For the initial term of appointment of the members pursuant to subsection (2)(a)(VI) of this section, the chief justice shall appoint two members to a three-year term, two members to a two-year term, and one member to a one-year term.
(B) This subsection (2)(d)(II) is repealed, effective December 31, 2025.
(e) Each member of the commission serves without compensation but is entitled to reimbursement for actual and reasonable expenses incurred in the performance of the member's duties.
(3) The director shall call the first meeting of the commission to occur no later than July 31, 2023.
(4) The director and the commission shall establish procedures for the operation of the commission.
(5) The commission shall:
(a) Appoint the director of the office. The commission may remove a director for cause.
(b) Work cooperatively with the director to provide guidance to the office; provide fiscal oversight of the general operating budget of the office; participate in funding decisions relating to the provision of services; and assist with the duties of the office concerning office training and public outreach, as needed.
Source: L. 2023: Entire article added, (SB 23-229), ch. 119, p. 437, � 1, effective April 27. L. 2024: (1), (2)(a)(VI), (2)(c), and (5)(b) amended, (HB 24-1355), ch. 471, p. 3307, � 5, effective August 7.