The act adds mental health professional to the list of individuals and entities that are not held liable for dispensing an opiate antagonist in accordance with the law and updates the definition of "mental health professional" by clarifying that the term includes unlicensed psychotherapists. In the legislative declaration of the mental health practice act, the act adds clinical social worker candidates and addiction counselor candidates to the list of mental health licensee candidates who are subject to disciplinary actions and injunctions by their respective regulatory boards. For the purposes of the practices acts regulating mental health providers, the act updates the definition of "registrant" to include marriage and family therapist candidates and addiction counselor candidates. The act also adds unlicensed psychotherapists to the list of mental health professionals who cannot administer or prescribe drugs or practice medicine. Current law prohibits a person who practices religious ministry from publicly claiming to be any of certain licensed, certified, or registered mental health professional unless the person possesses the proper credentials. The act adds certified addiction specialists and certified addiction technicians to the list of such mental health professionals. Obsolete language is deleted from the social worker practice act, the marriage and family therapist practice act, the licensed professional counselor practice act, and the addiction counselor practice act concerning the initial appointment of members to their respective regulatory boards. The act replaces the term "psychotherapists" with the term "mental health professionals" in the definition of "marriage and family therapy practice". (Note: This summary applies to this bill as enacted.)
The act authorizes the custodian of public records to deny access to records containing information that reveals the location or could be used to determine the location of an individual animal, a group of animals, a plant species of greatest conservation need, or an individual animal's or a group of animals' breeding or nesting habitat. (Note: This summary applies to this bill as enacted.)
The creative industries division in the office of economic development is authorized to spend money credited to the creative industries cash fund from the capital construction fund for the purposes of the art in public places program that is unexpended and unencumbered at the end of a fiscal year in the next 2 fiscal years, rather than in the next fiscal year only, without further appropriation. (Note: This summary applies to this bill as enacted.)
The act creates the innovative housing incentive program (program) within the office of economic development (office). A business located in Colorado that has 500 or fewer employees and that manufactures certain types of housing may apply for funding through the program. Funding may be awarded through grants for operating expenses and for incentives for units manufactured based on criteria established by the office such as affordability, location where the unit is installed in the state, or meeting energy efficiency standards. Funding may also be awarded through loans that fund a new housing manufacturing factory or the expansion of an existing housing manufacturing factory. The act creates the innovative housing incentive program fund, requires a $40 million transfer to the fund of money from the affordable housing and home ownership cash fund that originates from the general fund, and continuously appropriates all money in the fund to the office to fund the program. The office must annually report to the general assembly regarding the expenditure of money from the innovative housing incentive program fund. (Note: This summary applies to this bill as enacted.)
On or before January 1, 2023, the act requires each managed care entity, administrative service organization, and managed service organization that has 25% or more ownership by providers of behavioral health services to comply with certain conflict of interest policies in order to promote transparency and accountability. The act appropriates $42,658 from the general fund to the department of health care policy and financing to implement the act. (Note: This summary applies to this bill as enacted.)
Sections 1, 2, 3, and 4 of the act correct incorrect cross references to sales tax filing and remittance requirements for direct pay permit holders in local sales tax statutes. Section 5 corrects an incorrect cross reference in the definition of "auction sale", which is defined to include only the sale of tangible personal property, by replacing a cross reference to a supplemental definition of sale that includes "the transaction of furnishing rooms or accommodations" with a cross reference to the more general definition of "sale". (Note: This summary applies to this bill as enacted.)
The act defines a "controlled environment agricultural facility" (CEA facility) as a nonresidential structure and related equipment and appurtenances that combines engineering, horticultural science, and computer management techniques to optimize hydroponics, plant quality, and food production efficiency from the land's water for human or livestock consumption. The sole purpose of growing crops in a CEA facility is to obtain a monetary profit from the wholesale of plant-based food for human or livestock consumption. Commencing January 1, 2023, for property tax purposes: The definition of "agricultural and livestock products" includes crops grown within a CEA facility in a raw or unprocessed state for human or livestock consumption excluding marijuana or any other nonfood crop agricultural products; The definition of "agricultural equipment" that is used on the farm or ranch or in a CEA facility includes any personal property within a facility, whether attached to a building or not, that is capable of being removed from the facility, and is used in direct connection with the operation of a CEA facility, which facility is used solely for planting, growing, or harvesting crops in a raw or unprocessed state; and On and after January 1, 2023, but prior to January 2, 2028, agricultural equipment that is used in any CEA facility is exempt from the levy and collection of property tax. Under section 3 of the act, a CEA facility is valued for assessment purposes as all other agricultural property using the cost, market, and income approaches to value. If the sole use of the CEA facility is not the growing of crops for human or livestock consumption, then the property is classified and valued for assessment purposes based on actual use. Under section 3, as part of the personal declaration that the owner of a CEA facility signs and returns to the county assessor, the act requires the owner to include an affidavit executed by the owner in which the owner affirms that the CEA facility meets the requirements for such a facility as specified in the act. If the crop grown in the CEA facility is hemp, the owner must also include a copy of a license to verify to the assessor that the crop is not marijuana . Section 3 is repealed, effective July 1, 2029.(Note: This summary applies to this bill as enacted.)
The bill establishes the delinquency prevention and young offender intervention pilot grant program (program) in the division of criminal justice (division) within the department of public safety (department). The program awards 2-year grants to local governments, American Indian tribes, school districts and charter schools, and nonprofit organizations to fund projects to reduce crime among youth. Preference is given to applicants whose projects demonstrate a community-based response in which multiple agencies community-based partners coordinate to reduce crime among youth and those in areas with high rates of crime among youth involvement in the juvenile justice system . The division administers the program. The juvenile justice and delinquency prevention council serves as an advisory board for the program. The program is a 2-year pilot program. The bill requires the general assembly to appropriate $2.1 million for the program in each of the next 2 fiscal years. The division provides annual reports to the general assembly about the program. In its hearing pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" for the 2024 legislative session, the department shall report on the program and make a recommendation of whether to continue the program. (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.)
Under existing law, the court reminder program (program) provides reminders to criminal defendants and juveniles who have been alleged to have committed a delinquent act (collectively, "defendants") to appear at each of their scheduled court appearances. The act requires every defendant to be automatically enrolled in the program and allows a defendant to opt out of the program. The act clarifies that defendants alleged to have committed traffic offenses are enrolled in the program. The program must use the best contact information available to the courts and provide at least 3 reminders, including one reminder the day before the court appearance. For court appearances that can be attended virtually, the final reminder must include a link to the virtual court appearance. The program must send reminders by text message, but may use another method if a defendant is unable to receive text messages. The program is required to track the number of defendants that opt out of the program and to implement or recommend changes to improve participation. The judicial department is required to report information regarding reminders sent by methods other than text message. The act requires the state court administrator to convene a working group to study best practices in court reminders, assess the effectiveness of the program, and recommend appropriate changes to the program to the state court administrator. In its annual State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act hearing, the judicial department is required to present the recommendations made by the working group, whether the recommendations were implemented, and the rationale for implementing or rejecting any recommendation. Because defendants are automatically enrolled in the program, the act repeals provisions related to notifying defendants of the opportunity to enroll in the program. The act appropriates $74,713 to the judicial department from the general fund to implement the act. (Note: This summary applies to this bill as enacted.)
The act establishes the preventing identity-based violence grant program (grant program) to provide grants for programs that focus on building strong communities and preventing acts of violence that threaten human life or critical infrastructure, venues, or key resources in which actors or groups intentionally target a discernible population of individuals in a manner that poses a threat to homeland security (identity-based violence). A project funded with a grant award must build awareness for the prevention and intervention of identity-based violence within Colorado communities, strengthen local collaboration and capabilities for prevention and intervention of identity-based violence, or build sustainable support for the prevention and intervention of identity-based violence. The act requires the department of public safety (department) to annually evaluate environmental factors that lead to, and challenges to reducing, identity-based violence and permits the department to establish annual priorities for the grant program that address the identified factors and challenges. A project funded with a grant award must not infringe on individual privacy, civil rights, and civil liberties. A grant recipient that is not a law enforcement agency is prohibited from collecting or maintaining intelligence information about an individual or group, association, corporation, business partnership, or other organization. The act requires a law enforcement agency to comply with federal regulations regarding the collection, maintenance, and use of intelligence information learned by the agency though a program funded with a grant award. The office of prevention and security within the department reviews grant applications and awards grants in accordance with department rule. The act requires the general assembly to annually appropriate one million dollars to implement the program. For the 2022-23 state fiscal year, the act appropriates one million dollars from the general fund to the department for the grant program. (Note: This summary applies to this bill as enacted.)
The act creates the crime prevention through safer streets grant program (grant program) in the department of public safety (DPS). Local governmental agencies or local government in partnership with a community-based nonprofit organization can apply to DPS for grants for improvements designed to decrease crime and create safer streets. The act directs DPS to establish policies and procedures for the grant program. It also creates an advisory committee to review grant requests and make recommendations to the executive director of DPS. The executive director reviews responses to the requests for proposals and grants and determines which local governmental agencies will receive money and the amount of each grant. The act appropriates from the general fund $10.3 million to DPS for the grant program. (Note: This summary applies to this bill as enacted.)
The act establishes the early intervention, deflection, and redirection from the criminal justice system grant program (grant program) in the behavioral health administration (BHA) to provide grants to fund programs and strategies that prevent people with behavioral health needs from becoming involved with the criminal justice system or that redirect individuals in the criminal justice system with behavioral health needs from the system to appropriate services. Local governments, federally recognized Indian tribes, hospitals, health-care providers, and community-based organizations are eligible for a grant; local law enforcement agencies are eligible for a grant only for the purpose of developing or expanding a co-responder community response program. In order to receive a grant, an applicant must offer a monetary contribution or in-kind contributions that directly support the services provided with the grant award. The BHA may waive the monetary or in-kind contribution requirement for applicants requesting a grant of less than $50,000. The BHA administers the grant program in consultation with the department of public safety. The act establishes a review committee to review grant applications and make recommendations to the BHA and department of public safety about which applicants should receive grants and the amount of each grant. After receiving and reviewing recommendations from the review committee and after consultation with the department of public safety, the BHA shall award grants. Each grant recipient must report to the BHA information about the use of the grant. The bill requires the general assembly to appropriate $50.7 million from the behavioral and mental health cash fund to the department of human services for the grant program. The act requires the general assembly to appropriate $3 million from the behavioral and mental health cash fund to the department of corrections (department) to provide medication-assisted treatment to individuals who are placed in the custody of the department. The department shall use the money for upgrades necessary to store medications at department facilities, for providing continuity of care for inmates with a substance use disorder between institutional settings and community-based treatment, and for facilitating long-term treatment and recovery of individuals upon release. The act requires the general assembly to appropriate $4 million from the behavioral and mental health cash fund to the judicial department for allocation to district attorneys for pretrial diversion programs. The judicial department is required to allocate $1.8 million of the money to recipients that provide diversion for individuals with behavioral health disorders. A district attorney who receives funding for a pretrial diversion program is required report the number of people screened for and referred to behavioral health treatment. The act creates the behavioral health information and data sharing program to award grants to counties to integrate the county jails' data systems with the Colorado integrated criminal justice information system. The division of criminal justice (division) within the department of public safety administers the program. The division is required to collaborate with the office of information technology to oversee the implementation of data-sharing systems or software necessary to exchange information with the Colorado integrated criminal justice information system. The act requires the general assembly to appropriate $3.5 million from the behavioral and mental health cash fund for the program. The act requires the state department of health care policy and financing (HCPF) to evaluate and determine whether the state should seek additional federal authority to provide screening, brief intervention, and care coordination services through the medical assistance program to persons immediately prior to release from jail or a department of corrections facility and to improve processes for determining and redetermining individuals for medical assistance eligibility. If HCPF determines that the state should request federal authority, HCPF must make the request and, if the requested federal authority is granted, provide the benefits. If HCPF determines that the state should not request federal authority, HCPF must submit a report to the joint budget committee of the general assembly that includes an alternate plan to ensure continuity of care for individuals being released from jail or prison. The act requires HCPF to determine whether federal authority is necessary to provide benefit coverage under the medical assistance program to people who are on work release from jail. The act requires each county jail to report quarterly about the number of inmates whose medicaid is suspended while incarcerated and the number of incarcerated inmates who are enrolled in, or whose medicaid is reinstated, prior to release. The act requires a county jail to provide medicaid enrollment or re-enrollment paperwork to a person who is incarcerated in the jail and is eligible for medicaid benefits when the person enters the county jail. The act requires an administrator of a community corrections program to partner with a county department of human or social services to facilitate enrolling each offender participating in the program into medicaid. The act makes the following appropriations from the behavioral and mental health cash fund: $50.7 million to the department of human services for use by the BHA for the grant program; $4 million to the judicial department for adult district attorney pretrial diversion programs; $3.5 million to the department of public safety for behavioral health information and data sharing grants, of which, $1,760,709 is reappropriated to the office of information technology; and $3 million to the department of corrections for its mental health subprogram. The act appropriates $81,164 from the general fund to the department of health care policy and financing. (Note: This summary applies to this bill as enacted.)
