Part 6. Miscellaneous

(1) This article does not affect or abate a prosecution for a violation of law occurring before July 1, 1992. If the offense being prosecuted is similar to one set out in part 4 of this article, the penalties under said part 4 apply if they are less than those under prior law.
(2) This article does not affect a civil seizure, forfeiture, or injunctive proceeding commenced before July 1, 1992.
(3) All administrative proceedings pending under previous laws that are superseded by this article must be continued and brought to a final determination in accord with the laws and rules in effect before July 1, 1992. Any substance controlled under prior law but which is not listed in section 18-18-203, 18-18-204, 18-18-205, 18-18-206, or 18-18-207 is automatically controlled without further proceedings and must be included in the appropriate schedule.
(4) The board or department shall initially permit persons to register who own or operate any establishment engaged in the manufacture, distribution, or dispensing of any controlled substance prior to July 1, 1992, and who are registered or licensed by the state.

Any orders and rules adopted under any law affected by this article and in effect on July 1, 1992, and not in conflict with this article continue in effect until modified, superseded, or repealed. Rights and duties that matured, penalties that were incurred, and proceedings that were begun prior to July 1, 1992, are not affected by the enactment of the “Uniform Controlled Substances Act of 2013” or the corresponding repeal of provisions in article 22 of title 12, as they existed prior to July 1, 1992, and part 6 of article 5 of this title.

A civil action under this article must be commenced within seven years after the claim for relief became known or should have become known, excluding any time during which a party is out of the state or in confinement or during which criminal proceedings relating to a party are in progress.

To the extent that this article is uniform, the judiciary may look to decisions regarding the “Uniform Controlled Substances Act of 2013” among states enacting it, subject to rights and obligations provided under other Colorado statutes and the state constitution.

If any provision of this article or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.

(1) The division of criminal justice in the department of public safety shall collect the data specified in subsection (2) of this section for the period between October 1, 2013, and September 30, 2016, and issue a report by December 31, 2016, on the impact of Senate Bill 13-250, enacted in 2013.
(2) The data must include, but is not limited to:
(a) The total number of drug cases diverted from prosecution prior to filing through referral to law enforcement or district attorney diversion programs;
(b) The total number of drug cases filed statewide by jurisdiction;
(c) All demographic information and relevant background information on the defendants for which a drug case has been filed or diverted including prior criminal history; and
(d) For all cases filed, the nature of the charges by statutory citation and the outcome or disposition information on all the cases filed, which shall include but not be limited to:
(I) Dismissal without prosecution;
(II) Dismissal as a result of a plea bargain;
(III) Deferred judgment to the original charge or a lesser charge;
(IV) Any plea bargain that reduces the original charge or charges filed;
(V) Any sentence bargain including, but not limited to, a stipulation to a certain sentence or a limit on the amount of jail or department of corrections imposed;
(VI) Any plea bargain that involves multiple cases;
(VII) Any sentence bargain that involves concurrent or consecutive time in the custody of the department of corrections;
(VIII) Any probation or deferred judgment revocation filed and the result of any revocation;
(IX) Any successful completion of probation or a deferred judgment; and
(X) Any successful completion of supervision resulting in conversion of the felony to a misdemeanor pursuant to the provisions of section 18-1.3-103.5 (2).

(1)
(a) Upon arrival to a safe station, a person may turn in any controlled substances and request assistance in gaining access to treatment for a substance use disorder. Safe station personnel shall utilize current procedures and protocols for the disposal of the controlled substances.
(b) A person who turns in one or more controlled substances pursuant to subsection (1)(a) of this section is not subject to arrest or prosecution for possession of such controlled substances.
(2) Reasonable efforts should be taken by safe station personnel to determine if the person is in need of immediate medical attention and facilitate transportation to an appropriate medical facility, if necessary. If the person does not require immediate medical attention, the safe station personnel shall provide the person with information about the behavioral health crisis response system, created in section 27-60-103, to help identify available treatment options and, if practicable, provide transportation for the person to the most appropriate facility for treatment of a substance use disorder. Information about the crisis hotline must be developed by the office of behavioral health in the state department and be provided to safe stations for distribution.
(3) This section does not apply if safe station personnel are not available to assist a person who arrives at a safe station for disposal of a controlled substance.
(4) As used in this section, unless the context otherwise requires, a “safe station” means any municipal police station or county sheriff’s office.