The act establishes a study to investigate devices that are capable of assessing cognitive and physical impairment of motorists to detect the presence of drugs other than alcohol during roadside sobriety investigations. The act requires the Colorado department of transportation (department) to issue a request for proposal for a study and report to be conducted and completed not later than June 1, 2023. The department shall submit and present a final report with the findings of the study at the joint transportation committee's "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing and to the Colorado task force on drunk and impaired driving. The act sets requirements and standards for the study. The study repeals July 1, 2024. The act appropriates $751,649 from the marijuana tax cash fund to the department for the study. (Note: This summary applies to this bill as enacted.)
Under existing law, the department of revenue (department) is required to issue a driver's license, instruction permit, or identification card (identification documents) to a person who is lawfully present in the United States if: The individual qualifies for the identification document; The individual produces documents that satisfy the department that the individual is lawfully present; and The federal government confirms the individual's status, including electronically through the federal systematic alien verification for entitlements (SAVE) system. The bill repeals the requirement that the federal government confirm the individual's status. The bill appropriates $19,397 to the department of revenue to implement the bill, and $2,575 to the office of the governor for use by the office of information technology to provide information technology services for the department of revenue. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The act creates the Timothy Montoya task force to prevent children from running away from out-of-home placement (task force) in the office of the child protection ombudsman. The task force must analyze data related to children who have run away from out-of-home placement; analyze the root causes of why children run away from out-of-home placement; identify and analyze behaviors that constitute running away from out-of-home placement; analyze the likelihood that children who have run away will become a victim of crime; analyze best practices, state laws and regulations, and placement facility protocols and practices related to children running away; develop a consistent, prompt, and effective response to recover missing children; and address the safety and well-being of a child who has run away upon the child's return to out-of-home placement. The office of the child protection ombudsman must enter into an agreement with an institution of higher education to perform research that supports the task force's work and conduct focus groups with children in out-of-home placement, young adults who have aged out of the child protection system, and out-of-home placement providers. The task force is required to issue a preliminary report by October 1, 2023, and a final report by October 1, 2024. Each report must include the task force's findings and recommendations to reduce the number of children who run away from out-of-home placement. The act appropriates $99,500 from the general fund to the judicial department for use by the office of the child protection ombudsman for program costs. (Note: This summary applies to this bill as enacted.)
The act prohibits a court from ordering a juvenile to pay restitution to insurance companies. A court may still order restitution for a victim's pecuniary loss for which the victim cannot be compensated under a policy of insurance, self-insurance, an indemnity agreement, or a risk management fund. (Note: This summary applies to this bill as enacted.)
The act creates a study in the department of education (department). The department is required to contract with a third party to conduct the study. The third-party contractor (contractor) is required to examine the amendments to the Title IX regulations of the federal "Education Amendments of 1972" (Title IX) issued by the United States department of education's office for civil rights. The contractor is required to consult with the department, a sexual misconduct advisory committee within the department of higher education, a K-12 advocacy organization, and a Colorado student government organization. The study must include an examination of the following: Best practices for prevention, notification, training, and responding to sex-based discrimination and harassment in public schools; The gaps between state and federal law regarding Title IX; and Whether Title IX regulations place limits on state law and whether the Colorado general assembly may adopt more stringent standards in state statute. The act establishes that if the department contracts with a public university as the contractor, the department shall submit the results of the study on January 31, 2023, to the education committees of the general assembly. If the department contracts with a contractor that is not a public university, the department shall submit the results of the study on March 30, 2023, to the education committees of the general assembly. The act appropriates $57,850 from the general fund to the department to conduct the study. (Note: This summary applies to this bill as enacted.)
Under current law, juveniles who are 10 years of age and older can be prosecuted in juvenile court. The act requires the state department of human services to establish a pre-adolescent services task force to examine gaps in services for juveniles who are 10 years of age or older but under 13 years of age, if any, that would be created if the minimum age of prosecution of juveniles is increased from 10 years of age to 13 years of age, and to make recommendations for addressing any gaps in services identified. The task force shall create a report containing its recommendations made by December 30, 2022, and provide that report to the judiciary committees of the house of representatives and the senate, and to the public and behavioral health and human services committee of the house of representatives and the health and human services committee of the senate, or any successor committees. For the 2022-23 fiscal year, the act appropriates $105,000 from the general fund to the state department of human services for use by the division of child welfare. For the 2022-23 fiscal year, the act appropriates $9,433 from the general fund to the legislative department for use by the general assembly for per diem and travel expenses. (Note: This summary applies to this bill as enacted.)
To engage in industrial hemp cultivation in the state, a person is required to apply to the department of agriculture for a registration. In applying for a registration, the person must include the names and addresses of all key participants in the registered activity. The act amends the definition of "key participant" to include faculty at an institution of higher education to align with federal law requirements that all individuals authorized to grow hemp under a registration undergo a criminal history record check. (Note: This summary applies to this bill as enacted.)
The act requires the Colorado state patrol to develop an assessment report to identify the level of compliance by dealers, owners, keepers, or proprietors of a junk shop, junk store, salvage yard, or other secondhand property (applicable facility) with commodity metal transaction reporting requirements. The assessment report must encourage voluntary compliance and education concerning commodity metal transaction reporting requirements. The act requires applicable facilities to complete and submit the assessment report to the Colorado state patrol, and the state patrol is required to produce a summary of the reports received. The act requires the state patrol to develop an inspection form for authorities to use when inspecting applicable facilities for compliance with commodity metal transaction reporting requirements. Upon completion of the inspection form, the agency completing the inspection shall send the form to the state patrol within 2 weeks of completing the inspection. The state patrol has to provide a summary of all the statewide inspections to the commodity metal task force. The task force shall consider the report at a public meeting. The act creates the catalytic converter identification and theft prevention grant program to award grants to eligible recipients for public awareness campaigns regarding catalytic converter theft, catalytic converter theft prevention parts, assistance to victims of catalytic converter theft, and catalytic converter identification and tracking efforts. The act appropriates $300,000 from the general fund to the department of public safety for use by the Colorado state patrol. The act appropriates $105,871 from the highway users tax fund to the department of public safety for use by the executive director's office to purchase information technology services. (Note: This summary applies to this bill as enacted.)
The act permits and specifies the conditions for employees of supervised lenders to work from remote locations. Additionally, the act repeals the requirement that an applicant for registration as a debt-management services provider include with the application the results of a state and national criminal history record check for any agent of the applicant. (Note: This summary applies to this bill as enacted.)
The act requires the general assembly to annually appropriate money to the state department of human services (state department) sufficient to fund 5 nights of care for each juvenile placed in a licensed temporary shelter. The state department allocates the money to judicial districts in accordance with a formula developed by the working group for criteria for placement of juvenile offenders (working group). In order to receive an allocation, a judicial district's juvenile services planning committee, or the judicial district if the judicial district has not established a juvenile services planning committee, must include a plan for providing temporary shelter in the judicial district in its local juvenile services plan. Under existing law, the working group is required to make recommendations regarding the placement of juveniles. The act requires the house of representatives public and behavioral health and human services committee and the senate health and human services committee to annually hold a joint meeting to determine whether the working group's recommendations have been implemented in a manner that warrants discontinuing the annual appropriation for 5 nights of care in a licensed temporary shelter and the requirement that judicial districts develop a plan for providing temporary shelter. The act defines temporary shelter as the temporary care of a child in a physically unrestricted setting pending a return to the child's home or placement in an appropriate alternate setting pursuant to applicable state law. Temporary care in a temporary shelter is voluntary and a child may not be placed in a licensed temporary shelter facility for more than 5 days. The act requires a person providing temporary shelter to allow professionals to assess children there, and a child in temporary shelter must have access to educational services. The act appropriates $137,308 to the state department from the general fund for use by the division of youth services to implement the act. (Note: This summary applies to this bill as enacted.)
The act creates the legislative oversight committee (committee) concerning Colorado jail standards and the Colorado jail standards commission (commission) in the legislative branch. The committee consists of 6 members of the General Assembly and oversees the commission. The committee may introduce up to 3 pieces of legislation in the 2024 session based on recommendations from the commission. The commission recommends standards for the operation of Colorado's county jails (jails). The commission consists of the following 22 members: 5 sheriffs or senior jail administrators; 2 county commissioners; 3 people with lived experience of being incarcerated or having a family member who is or was incarcerated in a jail; One mental health professional with experience working in a jail; One person representing competency services; One person representing the behavioral health administration; One person representing police officers; One person representing a lesbian, gay, bisexual, transgender, or queer advocacy organization; One person representing an organization advocating for the rights of people with disabilities; One person representing an organization advocating for the rights of communities of color; One person representing an organization advocating for the rights of persons with mental or physical disabilities; One non-law-enforcement person with experience working in a jail; The state public defender or the state public defender's designee; One district attorney; and One person representing the department of public safety with expertise in jail operations. The commission shall recommend standards for all aspects of jail operations as follows: Reception and release; Classification of inmates; Security; Housing; Sanitation and environmental conditions; Communication; Visitation; Health care, mental and behavioral health care, and dental care; Food service; Recreation and programming; Inmate disciplinary processes; Restrictive housing; Inmate grievances; Staffing; and Inmates' prerogatives. The commission shall complete a report that includes its recommendations regarding the feasability of jails of various sizes and their ability to implement the recommendations and present it to the committee for approval by November 15, 2023. The act repeals the committee and commission on July 1, 2024. The act appropriates $96,039 from the general fund to the legislative department. (Note: This summary applies to this bill as enacted.)
Under current law, the executive committee of the legislative council committee of the general assembly is permitted to establish policies allowing legislative committees to take remote testimony from one or more centralized remote sites around the state. The act repeals that provision and allows the executive committee of the legislative council to establish policies allowing legislative committees to take testimony from government officials and employees and the public. The act reduces general assembly general fund appropriation in the legislative appropriation act by $10,000 and appropriates $401,709 from the general fund to legislative council to implement the act. (Note: This summary applies to this bill as enacted.)
