To comply with the federal "Keeping Children Safe From Family Violence Act" (federal act), the act requires courts that hear parental allocation proceedings involving domestic violence or child abuse, including child sexual abuse, to consider the admission of expert testimony and evidence if the expert demonstrates expertise and experience working with victims of domestic violence or child abuse. Courts are also required to consider evidence of past sexual or physical abuse committed by the accused party, any restraining orders against the accused party, arrests or convictions of the accused party, and any other documentation of abuse, such as letters to landlords to break leases or medical records. The act prohibits a court from removing a child from or restricting contact between a child and a protective party who is competent, protective, not physically or sexually abusive, and with whom the child is bonded or attached solely in order to improve a deficient relationship with the accused party. The act provides that a court shall not order reunification treatment (treatment) that is predicated on cutting off the relationship between a child and a protective party with whom the child is bonded and attached. If a court orders treatment, the treatment must be generally accepted and there must be scientifically valid proof of the safety, effectiveness, and therapeutic value of the treatment. The act directs the task force created in House Bill 23-1108 to study victim and survivor awareness and responsiveness training requirements to make recommendations for any judge or magistrate who presides over parental responsibility proceedings. The act requires child and family investigators, parental responsibilities evaluators, and legal representatives of children who do not contract with the office of the child's representative (office) to complete initial and ongoing training on domestic violence and child abuse. A trainer with experience assisting survivors of domestic violence or child abuse is required to conduct the training. The act requires the judicial branch to apply to the federal department of justice's office of the attorney general for a grant increase to comply with the federal act. APPROVED by Governor May 25, 2023 EFFECTIVE May 25, 2023 NOTE: Certain sections of the act are contingent on whether or not House Bill 23-1108 becomes law. House Bill 23-1108 took effect May 25, 2023. (Note: This summary applies to this bill as enacted.)
The act requires the department of public safety (department), by June 30, 2025, to develop and maintain a statewide system (system) for victims of alleged sexual assault to monitor the status of their sexual assault evidence collection kit. The system must also provide relevant information for victims regarding the processing, custody, analysis, and destruction of evidence, as well as contact information for law enforcement and victim resources. The department is required to submit an annual report to the house of representatives and senate judiciary committees concerning information related to the status of sexual assault evidence collection kits reported into the system. Under current law, the division of criminal justice (division) in the department administers the sexual assault victim emergency payment program (program), which assists victims of sexual assault with medical expenses associated with a sexual assault. The act permits a law enforcement agency to request reimbursement of costs associated with the collection of forensic evidence for a victim through the program, subject to an annual cap. The act also requires the division to develop and maintain a system to track claims, process invoices, sort information, and produce reports concerning the program. The division is required to submit an annual report to the house of representatives and senate judiciary committees concerning information related to the program. For the purpose of a mandatory protection order, the act expands the definition of "until final disposition of the action". For the 2023-24 state fiscal year, $523,686 is appropriated from reappropriated funds received by the department from the Colorado crime victim services fund to the office of information technology to implement the act. APPROVED by Governor May 25, 2023 EFFECTIVE May 25, 2023 (Note: This summary applies to this bill as enacted.)
For the purposes of health insurance coverage for a prosthetic device (device), the act requires a health insurance carrier to provide coverage for an additional device or devices if the covered person's treating physician determines that the additional device or devices are necessary for the covered person to engage in physical and recreational activities. The required coverage applies to large employer plans issued or renewed on or after January 1, 2025. For individual and small group plans, the act requires the division of insurance (division) to make a determination as to whether the required coverage for a prosthetic device or devices is in addition to essential health benefits that requires the state to defray the costs of the required coverage and to submit the determination to the federal department of health and human services (federal department) for confirmation of the division's determination. If the federal department confirms that the required coverage is not in addition to essential health benefits or fails to respond within 365 days after the division submitted the request, the required coverage applies to individual and small group plans issued or renewed on or after January 1, 2025. APPROVED by Governor May 25, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.(Note: This summary applies to this bill as enacted.)
The act creates exceptions to the general rule that a person must first exhaust the proceedings and remedies available to them before filing an action in district court based on an alleged discriminatory or unfair practice related to certain employment practices, housing practices, or discriminatory advertising for actions alleging discrimination in places of public accommodation and private actions to enforce laws that prohibit discriminatory housing practices. The act also prohibits an individual with a disability from being excluded from participation in, or denied the benefits of services, programs, or activities provided by a place of public accommodation. In addition, the act requires that, in certain civil suits, an individual with a disability is entitled to a court order requiring compliance with applicable provisions along with either actual monetary damages or a statutory fine. APPROVED by Governor May 25, 2023 EFFECTIVE May 25, 2023 (Note: This summary applies to this bill as enacted.)
The Colorado crime victim services fund and the state domestic violence and sexual assault services fund are scheduled for repeal in 2027. The act continues both funds indefinitely and clarifies that the money in each fund that originated from the federal coronavirus state fiscal recovery fund must comply with the requirements in the federal "American Rescue Plan Act of 2021" and related state law. The act requires the state treasurer to transfer $3 million from the general fund to the state domestic violence and sexual assault services fund on July 1, 2023. APPROVED by Governor May 25, 2023 EFFECTIVE May 25, 2023 (Note: This summary applies to this bill as enacted.)
The act permits the multidisciplinary team that creates an individualized education program (IEP) for a child, who may be eligible for special education services, to translate or contract with a translation services provider to translate the IEP draft documents into the dominant language spoken in the home of the child's parent, guardian, or legal custodian (parent). Upon request of the child's parent, the multidisciplinary team is required to translate or contract with a translation services provider to translate the final IEP document into the dominant language spoken in the home of the child's parent. The IEP team shall verbally inform the child's parent of the right to request translation services. APPROVED by Governor May 25, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
Current law entitles a parent, guardian or legal custodian of, or entity with educational decision-making authority for (parent), a student with a disability, or a student who may be eligible for special education services, to file a state complaint in the event of a dispute with an administrative unit or a state-operated program (education provider). If the parent prevails in a state complaint decision, the education provider may file a due process complaint against the parent regarding the issues disputed in the state complaint. The act requires the department of education (department) to enter into a service agreement with a nonprofit organization (organization) to create and maintain a list of attorneys qualified to represent a parent in a due process complaint filed by an education provider in response to a state complaint filed by the parent in which the parent prevailed. The service agreement is for 5 years. A parent may contact the organization for an attorney appointment. The act requires the department to include information on attorney appointments in the procedural safeguard notice and in other materials distributed to parents describing due process complaint procedures. The act requires the organization to report to the department on or before September 1, 2024, and each September 1 through September 1, 2028, on the number of attorneys appointed to parents in due process complaint cases, the costs associated with each due process complaint case, and the amount of unspent money the organization retains at the end of each budget year. The act requires the department to annually provide the organization $20,000 to pay attorneys and to create, maintain, and administer the list of attorneys. The act appropriates $33,260 from the general fund to the department for legal representation for due process complaints. APPROVED by Governor May 25, 2023 EFFECTIVE May 25, 2023 (Note: This summary applies to this bill as enacted.)
Section 2 of the act clarifies and expands the current property tax exemption for property acquired by nonprofit housing providers for low-income housing. Section 2 also clarifies that property may qualify for the property tax exemption, through construction on the property, until the property is sold or transferred. The act expands the definition of "low-income" applicants to include individuals or families who are at or below 100% of the area median income or, if the property is in a rural resort community, at or below 120% of the area median income, as well as individuals or families who are at or below 80% of the area median income and were already included in the definition. Section 1 of the act requires applicants for the exemption described in section 2 of the act to follow the same process and submit the same forms that are required for applicants for similar exemptions. Section 3 deems certain property held by community land trusts and nonprofit affordable homeownership developers to be used for a strictly charitable purpose and to consequently be exempt from property taxation in accordance with the state constitution. To qualify for the exemption, the property must be split into a separate taxable parcel from the improvements on the property and leased to the owner of the improvements as an affordable homeownership property. APPROVED by Governor May 25, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
Starting July 1, 2024, the act authorizes individuals who have a midwife certification from the American Midwifery Certification Board, pay the required fee, and submit to a criminal history record check to obtain a license from the state board of nursing (board) to practice as a certified midwife in the state. A certified midwife licensed by the board may apply for and obtain provisional and full prescriptive authority upon satisfying the requirements specified in the act. Certified midwives are subject to regulation by the board to the same extent that the board regulates the practice of nursing, including grounds for discipline and disciplinary actions. Effective July 1, 2024, the act adds a member to the state board of nursing who is a certified midwife or an advanced practice registered nurse who is a certified nurse midwife. The act appropriates $15,393 from the general fund to the department of public health and environment for use by the health facilities and emergency medical services division for administration and operations necessitated by the act. APPROVED by Governor May 25, 2023 PORTIONS EFFECTIVE May 25, 2023 PORTIONS EFFECTIVE July 1, 2024 NOTE: Section 69 of the act states that the act takes effect upon passage; except that, section 12-255-105, Colorado Revised Statues, as amended in section 3 of the act, takes effect July 1, 2024. (Note: This summary applies to this bill as enacted.)
The act creates a task force to study victim and survivor awareness and responsiveness training requirements for judicial personnel (task force) in the office for victims programs in the division of criminal justice. The task force consists of members who have experience representing victims and survivors of domestic violence, sexual assault, or other crimes; lived experience as a victim or survivor of domestic violence, sexual assault, or other crimes; or are members of the judicial community. The task force is required to analyze current training provided to judicial personnel around the country on topics of domestic violence, sexual assault, and other crimes, in order to determine best practices and training requirements for judicial personnel in the state. The act requires the task force to establish a working group to analyze and determine training standards for judicial personnel regarding issues relevant to domestic relations cases and must consider data provided to the working group by the office of the state court administrator. The office of the state court administrator must provide the working group with the described data not later than November 1, 2023. The task force is required to convene by July 15, 2023, and is required to meet at least 4 times but not more than 10 times no later than January 15, 2024. The task force is required to submit a report with its findings and recommendations to the house of representatives judiciary committee and the senate judiciary committee, or their successor committees, and the judicial department by February 1, 2024. The task force is repealed, effective July 1, 2024. The act appropriates $11,900 from the general fund to the department of public safety for use by the division of criminal justices for administrative services. APPROVED by Governor May 25, 2023 EFFECTIVE May 25, 2023 (Note: This summary applies to this bill as enacted.)
Beginning January 1, 2024, the act requires a municipality that has a municipal ordinance that criminalizes an act of domestic violence to adopt an ordinance establishing: Protections and rights for victims, victims' families, and witnesses; sentencing guidelines; conditions of probation; conditions of release on bond; and guidelines and standards that are consistent with similar provisions for prosecuting an act of domestic violence in district court; and A requirement that the prosecuting attorney who initially meets with the victim after the charges are filed makes a reasonable effort to remain as the prosecuting attorney throughout the proceeding. In a case involving an alleged violation of a municipal ordinance that criminalizes an act of domestic violence, the act requires a municipal court to issue a protection order; report or cause to be reported the alleged violation to the Colorado bureau of investigation (CBI) and enter the information into the Colorado crime information center (CCIC) database and the national crime information center (NCIC) database; and search the CBI, CCIC database, and the NCIC database to determine if the respondent has a history of domestic violence. The act states that any case involving an alleged violation of a municipal ordinance that criminalizes an act of domestic violence is a misdemeanor for the purposes of complying with federal law. The act authorizes any affected person to enforce compliance with the act by notifying the crime victim services advisory board of any noncompliance. If the board determines that the report of noncompliance has a basis in fact and cannot be resolved, the act requires the board to refer the report to the governor, who shall request that the attorney general file suit to enforce compliance. Beginning January 2025 and each year thereafter until January 2029, the act requires the department of public safety to report during the department's "SMART Act" hearing the total number of reports and inquiries submitted to CBI, the CCIC database, and the NCIC database. APPROVED by Governor May 25, 2023 EFFECTIVE January 1, 2024 NOTE: This act was passed without a safety clause.(Note: This summary applies to this bill as enacted.)
The act requires the department of health care policy and financing (department) to seek federal authorization through an amendment to the state medical assistance plan to implement the community first choice option. The act requires the state plan amendment to include personal care services, homemaker services, health maintenance activities, personal emergency response systems and other emergency back-up services, and voluntary training on how to select, manage, and dismiss an attendant. The act authorizes the department to provide permissible services and supports that are linked to an assessed need or goal in an individual's person-centered service plan, including transition costs and expenditures relating to increasing an individual's independence or reducing reliance on human assistance. To be eligible for the community first choice option, an individual must: Be eligible for the state medical assistance program; Be in an eligibility group under the state medical assistance program that includes nursing facility services, or if in an eligibility group that does not include nursing facility services, have an income that is at or below 150% of the federal poverty level; or Receive an annual determination that in the absence of home- and community-based attendant services and supports, the individual would require the level of care furnished in certain care settings. The act makes conforming amendments to remove the services provided through the community first choice option from other long-term care waiver programs. APPROVED by Governor May 25, 2023 PORTIONS EFFECTIVE May 25, 2023 PORTIONS EFFECTIVE July 1, 2025 (Note: This summary applies to this bill as enacted.)
