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Code of Colorado Regulations eDocket
Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)

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

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
Regulatory analysis RegulatoryAnalysisAttachment2017-00105.pdf
Comments 16-12-21-1
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation? No
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

Adopted rule

Adopted Rules AdoptedRules02017-00105.doc
Redline Redline2017-00105.doc
Adopted Date 05/05/2017
AGO requested date 05/09/2017
Attorney General Opinion 05/24/2017
Colorado Register publication date 06/10/2017
Effective Date 07/01/2017
Inserted into CCR 06/08/2017