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Code of Colorado Regulations eDocket
Details of Tracking Number
2017-00105
CCR details
| Tracking Number |
2017-00105 |
| Type of Filing |
Permanent Rule |
| Department |
500,1008,2500 Department of Human Services |
| Agency |
502 Behavioral Health |
| CCR Number |
2 CCR 502-1 |
| CCR Title |
BEHAVIORAL HEALTH |
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Proposed rule
| Notice Filed with SOS |
03/01/2017 |
| Rule |
ProposedRuleAttach2017-00105.doc |
| Additional Information |
AddInfoAttach2017-00105.doc |
| Statutory Authority |
26-1-107, C.R.S. (2015)
26-1-109, C.R.S. (2015)
26-1-111, C.R.S. (2015)
27-81-106, C.R.S. (2016)
27-82-103, C.R.S. (2016)
42-4-1301.3(3)(c)(IV), C.R.S. (2016) |
| Description of Subjects/Issues |
The proposed rule creates a new service provision in treating an individual who has been convicted of four (4) or more separate and distinct episodes of driving under the influence, driving while ability impaired, vehicular homicide, vehicular assault, or any combination thereof. Rule promulgation began in response to legislation passed in 2015 (House Bill 15-1043) which established that a violation of driving under the influence will be a Class 4 Felony if the violation occurred after three (3) or more prior convictions, arising out of separate and distinct episodes of driving under the influence, driving while ability impaired, vehicular homicide, vehicular assault, or any combination thereof. A requirement before an individual is sentenced to the Department of Corrections for a Felony DUI, is that all other available sanctions and responses to the violation must have been exhausted, including treatment. The proposed rule establishes a more comprehensive treatment service provision for individuals with four (4) or more impaired driving offenses under the Level I and Level II education, therapy or treatment provision authorized in Section 42-4-1301.3(3)(c)(IV), C.R.S. |
| Purpose/Objective of Rule |
The proposed rule creates a new service provision in treating an individual who has been convicted of four (4) or more separate and distinct episodes of driving under the influence, driving while ability impaired, vehicular homicide, vehicular assault, or any combination thereof. Rule promulgation began in response to legislation passed in 2015 (House Bill 15-1043) which established that a violation of driving under the influence will be a Class 4 Felony if the violation occurred after three (3) or more prior convictions, arising out of separate and distinct episodes of driving under the influence, driving while ability impaired, vehicular homicide, vehicular assault, or any combination thereof. A requirement before an individual is sentenced to the Department of Corrections for a Felony DUI, is that all other available sanctions and responses to the violation must have been exhausted, including treatment. The proposed rule establishes a more comprehensive treatment service provision for individuals with four (4) or more impaired driving offenses under the Level I and Level II education, therapy or treatment provision authorized in Section 42-4-1301.3(3)(c)(IV), C.R.S. |
| Basis And Purpose |
BasisAndPurposeAttachment2017-00105.pdf
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| Regulatory analysis |
RegulatoryAnalysisAttachment2017-00105.pdf
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| Comments |
16-12-21-1 |
| Submitted in response to issues raised by COLS/OLLS? |
No
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| Is this rule adopted in response to recent legislation? |
No
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| Hearing Date |
05/05/2017 |
| Hearing Time |
10:00 AM |
| Hearing Location |
CDHS 1575 Sherman Street, 8th Floor, Denver, CO 80203 |
| Contact Name |
Ryan Templeton |
| Contact Title |
Rule Author |
| Contact Telephone |
303-866-7405 |
| Contact email |
ryan.templeton@state.co.us |
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Adopted rule
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