Licensure of Secure Transportation Services and Permitting of Secure Transportation Vehicles

Background

Colorado House Bill 21-1085 created a Secured Transportation Services program in the State of Colorado. Pursuant to C.R.S. §25-3.5-309(1)(a), as of January 1, 2023, any entity providing “secure transportation services” to a person experiencing a “behavioral health crisis” must be licensed by the Board of County Commissioners in the county in which the service is based. Law enforcement agencies and ambulances services are generally exempt from the licensing requirement. This Board adopted the Boulder County Secured Transportation Services Licensing Regulations on January 3, 2023. The Board also entered into a Second Amended and Restated Intergovernmental Agreement for Ambulance and Secure Transportation Licensing and Inspection (IGA) with six other counties to coordinate and more efficiently license these services and inspect vehicles. All counties included in the IGA are Adams, Arapahoe, Boulder, Broomfield, Douglas, Elbert, and Jefferson. This IGA indicates that any business that obtains a license from one of these counties automatically becomes licensed in all seven.

Effective January 3, 2023, a local license and permit issued by Boulder County Community Planning & Permitting is required for secure transportation services where the pickup of the patient originates in Boulder County, unless the secure transportation service is licensed with one of the other counties listed in the IGA.

A license is required of the business, as well as each vehicle used for the service of the business is required to obtain a vehicle permit. Licenses are valid for three years and permits are valid for one year.

• Document: State of Colorado House Bill 21-1085
• Document: State of Colorado Standards for Secure Transportation Services

License and Permit Application Requirements

• Name of Secure Transportation Service
• Class A (may use restraints) or Class B (no restraints) License
• Area to be serviced by the secure transportation service (a map must be included)
• Manager Contact Information and Qualifications
• Ownership Information
• List of the location(s) of the secure transportation service headquarters, substation(s), office(s), secure transportation post(s) or other locations from which it is intended to operate the secure transportation service
• Certificate of occupancy or other documentation that the applicant’s premises were found to be in compliance with applicable local requirements
• Proof of general liability and applicable professional liability insurance, at a minimum:
  • Liability insurance for injuries in the amount of $1,000,000 for each individual claim
  • Liability insurance in the amount of $3,000,000 for all claims made against the secure transportation service or against its personnel from an insurance company authorized to write liability insurance in Colorado
  • Liability insurance coverage to the maximum extent required by Section 24-10-114, C.R.S., as applicable, if the secure transportation service is granted qualified immunity under the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S.
  • Certificate holder must be listed as: Boulder County CP&P, PO Box 471, Boulder, Co. 80306
• Proof of minimum vehicle insurance coverage as defined by Section 10-4-609 and Section 42-7-103(2), C.R.S.
  • Certificate holder must be listed as: Boulder County CP&P, PO Box 471, Boulder, Co. 80306
• Form: Secure Transportation Vehicle Form to list all vehicles to be permitted for the service
• Form: Certificate of Motor Vehicle Mechanical Evaluation Form for each vehicle utilized for the service

Secure Transportation Vehicle Inspection Requirements

• Certification of compliance with Federal Motor Vehicle Safety Standards
• Four door body configuration
• Ligature risk reduction measures
• Child safety door locks for passenger compartment
• Window safety interlocks for passenger compartment
• Global Positioning System tracking
• Seat belt for each seating position
• Manufacturer’s supplemental inflatable restraints operational
• Child safety seat in appropriate sizes for client population (if applicable)
• Operational temperature control and ventilation system
• Secure area clear of any item that may be used to inflict harm
• Mirror or video camera to visually observe and monitor client
• First aid kit
• Fire extinguisher
• Wireless two-way communication
• Biohazard bags
• Personal protective equipment for each vehicle occupant
• Fire extinguisher
• Map of service area
• All equipment and supplies on the vehicle are properly secured, maintained and stored in accordance with manufacturer recommendations

Additional requirements for Type 1 secure transportation vehicles

• Permanent safety partition between driver and passenger compartments
• Safety partition between passenger compartment and cargo area (if applicable)
• Automated external defibrillator
• Soft restraints
• Device to prevent spitting or biting that does not restrict airway or breathing ability, and does not pose a ligature risk

Application, Checklists and Forms

Processing time is approximately 60 days from the receipt of a complete application to license and permit(s) issuance.

• Form: Secure Transportation Service License and Vehicle Permit Application
• Form: Certificate for Motor Vehicle Mechanical Evaluation Form
• Form: Secure Transportation Vehicle Information Form

Fees

• Initial license fee (license is valid for 3 years) – $400
• License renewal fee if agency has not experienced disciplinary action in the previous 3 years – $300
• License renewal fee if agency has experienced disciplinary action in the previous 3 years – $400
• Vehicle permit fee, initial and renewal (permit is valid for 1 year) – $125
• Vehicle re-inspection fee – $125

Public Meetings and Hearings

All commissioners’ public hearings and meetings will be offered in a hybrid format where attendees can join through Zoom or in-person at the Boulder County Courthouse, 3rd Floor, 1325 Pearl St., Boulder. There will also be a kiosk located in the lobby of the 3rd Floor to sign up for in-person public comment.

Past Meetings

Board of County Commissioners (BOCC) Public Hearing: Secure Transportation Licensure Program Fee Update – Nov. 30, 2023

The Boulder County Community Planning & Permitting Department requested that the Board of County Commissioners adopt updated fees for the Secure Transportation Licensure Program. The resolution was granted and the fees will change as of January 1, 2024.

• Document: Proposed Resolution 2023-092
• Staff: Kathy Gissel: Permit & License Operations Manager, Community Planning and Permitting
• Michael Koertje: Assistant County Attorney

Board of County Commissioners (BOCC) Public Hearing: Secure Transportation Licensure Program, Jan. 3, 2023

Pursuant to State of Colorado HB21-1085, the Board of County Commissioners approved licensing, permitting and fees for the Secure Transportation Licensure Program in Boulder County. The program is intended to help address the needs of those in crisis without the alarm/stigma of a marked law enforcement vehicle showing up to help. The Boulder County Community Planning & Permitting Department will be responsible for administering the licensing program.

• View the Staff Report and Draft Resolution for Jan. 3, 2023
• Staff Contact: Kathy Gissel, Permit and License Operations Manager, Community Planning and Permitting

Program Contact

Secure Transportation Co-Authorities
Brendan McGuinness and Kathy Gissel
Email: securetransportlicensing@bouldercounty.gov
Phone: 303-441-3930