(1) If a person is certified pursuant to this article 65 and is eligible for hospital care or treatment by an agency of the United States, and if a certificate of notification from the agency showing that facilities are available and that the person is eligible for care or treatment is received, the court may order the person to be placed in the custody of the agency for hospitalization. When any person is admitted pursuant to an order of court to any hospital or institution operated by any agency of the United States within or outside this state, the person is subject to the rules and regulations of the agency. The chief officer of any hospital or institution operated by an agency in which the person is so hospitalized shall, with respect to the person, be vested with the same powers as the chief officer of the Colorado mental health institute at Pueblo with respect to detention, custody, transfer, conditional release, or discharge of patients. Jurisdiction is retained in the appropriate courts of this state to inquire into the mental condition of a person so hospitalized and to determine the necessity for continuance of the person's hospitalization.
(2) An order of a court of competent jurisdiction of another state, territory, or the District of Columbia authorizing hospitalization of a person to any agency of the United States has the same effect as to the person while in this state as in the jurisdiction in which the court entering the order is situated; the courts of the state or district issuing the order retain jurisdiction of the person so hospitalized for the purpose of inquiring into the person's mental condition and for determining the necessity for continuance of the person's hospitalization. Consent is given to the application of the law of the state or district in which the court issuing the order for hospitalization is located, with respect to the authority of the chief officer of any hospital or institution operated in this state by any agency of the United States to retain custody, transfer, conditionally release, or discharge the person hospitalized.
Source: L. 2022: Entire article amended with relocations, (HB 22-1256), ch. 451, p. 3202, � 1, effective August 10; Entire section repealed, (HB 22-1256), ch. 451, p. 3240, � 56, effective August 10.
Editor's note: (1) This section was similar to former � 27-65-123 as it existed prior to 2022.
(2) This section was repealed in � 56 of HB 22-1256, effective August 10, 2022. However, that repeal was superseded by the amendment of this entire article by � 1 of HB 22-1256, effective August 10, 2022.
27-65-126. Transfer of persons into and out of Colorado - reciprocal agreements. The transfer of a person hospitalized voluntarily pursuant to this article 65 out of Colorado or under the laws of another jurisdiction into Colorado are governed by the provisions of the interstate compact on mental health.
Source: L. 2022: Entire article amended with relocations, (HB 22-1256), ch. 451, p. 3202, � 1, effective August 10; Entire section repealed, (HB 22-1256), ch. 451, p. 3240, � 56, effective August 10.
Editor's note: (1) This section is similar to former � 27-65-124 as it existed prior to 2022.
(2) This section was repealed in � 56 of HB 22-1256, effective August 10, 2022. However, that repeal was superseded by the amendment of this entire article by � 1 of HB 22-1256, effective August 10, 2022.
Cross references: For the interstate compact on mental health, see part 10 of article 60 of title 24.
27-65-127. Imposition of legal disability - deprivation of legal right - restoration. (1) (a) When an interested person wishes to obtain a determination as to the imposition of a legal disability or the deprivation of a legal right for a person who has a mental health disorder and who is a danger to the person's self or others, is gravely disabled, or is insane, as defined in sections 16-8-101 and 16-8-101.5, and who is not then subject to proceedings pursuant to this article 65 or part 3 or part 4 of article 14 of title 15, the interested person may petition the court for a specific finding as to the legal disability or deprivation of a legal right. Actions commenced pursuant to this subsection (1) may include but are not limited to actions to determine contractual rights and rights with regard to the operation of motor vehicles.
(b) The petition must set forth the disability to be imposed or the legal right to be deprived and the reasons.
(2) The court may impose a legal disability or may deprive a respondent of a legal right only upon finding both of the following:
(a) That the respondent is a person with a mental health disorder and is a danger to the respondent's self or others, is gravely disabled, or insane, as defined in section 16-8-101; and
(b) That the requested disability or deprivation is both necessary and desirable.
(3) Repealed.
(4) To have a legal disability removed or a legal right restored, any interested person may file a petition with the court that made the original finding. No legal disability may be imposed nor a legal right be deprived for a period of more than six months without a review hearing by the court at the end of six months, at which time the findings specified in subsection (2) of this section must be reaffirmed to justify continuance of the disability or deprivation. A copy of the petition must be served on the person who filed the original petition, on the person whose rights are affected if the person is not the petitioner, and upon the facility where the person whose rights are affected resides, if any.
(5) Whenever any proceedings are instituted or conducted pursuant to this section, the following procedures apply:
(a) Upon the filing of a petition, the court shall appoint an attorney to represent the respondent. The respondent may replace the attorney with an attorney of the respondent's own choosing at any time. Attorney fees for an indigent respondent are paid by the court.
(b) The court, upon request of an indigent respondent or the respondent's attorney, shall appoint, at the court's expense, one or more professional persons of the respondent's choosing to assist the respondent in the preparation of the respondent's case.
(c) Upon demand made at least five days prior to the date of hearing, the respondent has the right to a trial of all issues by a jury of six.
(d) At all times the burden is upon the person seeking imposition of a disability or deprivation of a legal right or opposing removal of a disability or deprivation to prove all essential elements by clear and convincing evidence.
(e) Pending a hearing, the court may issue an order temporarily imposing a disability or depriving the respondent of a legal right for a period of not more than ten days in conformity with the standards for issuance of ex parte temporary restraining orders in civil cases, but no individual habilitation or rehabilitation plan is required prior to the issuance of the order.
(f) Except as otherwise provided in this subsection (5), all proceedings must be held in conformance with the Colorado rules of civil procedure, but no costs may be assessed against the respondent.
Source: L. 2022: Entire article amended with relocations, (HB 22-1256), ch. 451, p. 3203, � 1, effective August 10. L. 2025: (1)(a) amended, (HB 25-1058), ch. 15, p. 59, � 27, effective August 6.
Editor's note: (1) This section is similar to former � 27-65-127 as it existed prior to 2022.
(2) Subsection (3)(b) provided for the repeal of subsection (3), effective July 1, 2025. (See L. 2022, p. 3203.)