The Interim Committee on the Treatment of Persons with Behavioral Health Disorders in the Criminal and Juvenile Justice Systems (BHDCJS) has released its draft legislation for the 2026 Legislative Session. This committee was among a select few permitted to continue work during the interim, despite having its bill limit reduced from five to three. CBHC is monitoring all three proposals before the committee, with particular attention to Bill 2 given its potential for impact on the care and services delivered by our members.
Bill 1 – Youthful Offender System (YOS) Updates
This proposal focuses on transforming the state’s approach to young adults involved in the justice system with the goal of modernizing the YOS to emphasize rehabilitation, trauma-informed care, and equitable access for both juveniles and young adults. Some of the key changes it makes are: requires individualized assessment and treatment plans; mandates evidence-informed rehabilitative and therapeutic programming (including SUD treatment); and ensures equitable access to services regardless of an individual’s physical, intellectual, or behavioral health conditions.
Bill 2 – Treating Individuals with Behavioral Health Disorders
This bill seeks to expand access to medication-assisted treatment (MAT) in jail settings and updates secure transportation laws for individuals experiencing behavioral health crises. Its key provisions include:
Expansion of Medication-Assisted Treatment (MAT) Access by expanding Medicaid reimbursement for MAT services in jail settings to include any licensed provider authorized to prescribe or administer MAT, not just opioid treatment programs.
Reform of Secure Transportation Services by removing the restriction that prohibits law enforcement-contracted entities from providing secure transportation and transferring licensing authority for secure transportation providers from counties to the Colorado Department of Public Health and Environment (CDPHE), beginning in 2027.
Updates to Emergency Mental Health Hold (M-1) Statutes by broadening eligibility for M-1 transport to include crisis response teams, private EMS, and secure transport providers.
Bill 3 – Modifications to the Defense of Not Guilty by Reason of Insanity (NGRI)
This bill aims to clarify and improve the processes for individuals found NGRI by updating procedures related to insanity findings, release, and community placement to ensure public safety while prioritizing effective treatment. Some of the key changes the bill seeks to make are: a requirement that defense mental health evaluation reports be shared with both the court and the Department of Human Services (CDHS); clarification of legal standards for conditional and unconditional release; and authorization for community placement options under CDHS oversight for treatment and rehabilitation.
Next, these bill drafts will be reviewed by the Legislative Oversight Committee on October 31st. They will then be forwarded to the Legislative Council for final approval on November 14th before being formally introduced in the 2026 Legislative Session. CBHC will continue to advocate for policies that expand access to quality behavioral health services and improve outcomes across justice-involved populations. Stay tuned for updates and opportunities to engage.
