Alcohol regulation - licensed premises - National Western Center. The act authorizes the city and county of Denver to promulgate an ordinance authorizing a person to remove an alcohol beverage from the licensed premises of a vendor within the National Western Center so long as the person does not leave the National Western Center.(Note: This summary applies to this bill as enacted.) Read More
Lieutenant governor - office of saving people money on health care - director. Under current law, the lieutenant governor is authorized to concurrently serve as the head of a principal department while serving as the lieutenant governor. The act expands this to allow the lieutenant governor to alternatively serve as the director of the office of saving people money on health care within the office of the governor. The act further specifies the salary to be paid for working concurrently in this position.(Note: This summary applies to this bill as enacted.) Read More
Food stamp program - rule-making - appeal deadline. The act grants the department of human services rule-making authority to require any party to file a notice of intent to file exceptions with the state department within five days after service of the initial decision upon the party, or otherwise forgo the ability to file exceptions.(Note: This summary applies to this bill as enacted.) Read More
Law enforcement, public safety, and criminal justice information sharing grant program - creation - grant requirements - appropriation. The act creates the law enforcement, public safety, and criminal justice information sharing grant program (grant program) within the division of homeland security and emergency management (division) in the department of public safety. The grant program provides grants to assist local law enforcement agencies in gaining access to the information-sharing system created by the Colorado information sharing consortium (CISC). Grant recipients can use the money to pay for computer hardware, software, and programming costs necessary to connect to CISC's information-sharing systems. As a condition of each grant, the grant recipient and CISC are required to ensure that the information systems comply with federal data security requirements, and that the law enforcement data and intelligence information that is shared complies with federal regulations governing the use of criminal justice information systems. The director of the division is required to promulgate rules for the administration of the grant program. The act creates the law enforcement, public safety, and criminal justice information sharing grant program fund (fund). The program and fund are repealed effective July 1, 2022. The act appropriates $500,000 to the fund from the marijuana tax cash fund for use by the division for the implementation of the act. (Note: This summary applies to this bill as enacted.) Read More
Failure to advise consequences of guilty pleas or dismissal of charges - unconstitutionality - procedure - appropriation. The act finds that some criminal defendants who, when they entered a guilty plea in connection with a deferred judgment or had charges related to drugs dismissed under a since repealed provision of law, were not advised that there may be adverse immigration consequences that attach to the plea even if the plea is later withdrawn and the case is dismissed. These defendants did not knowingly, intelligently, and voluntarily enter the plea of guilty as required by law or understand the consequences of the dismissal. The act authorizes these persons to petition the court for an order vacating the guilty plea and establishes procedures for such petitions. The act appropriates $543,461 to the judicial department for trial court programs and $55,139 to the department of law for use by the appellate unit. (Note: This summary applies to this bill as enacted.) Read More
Home care agencies - department to request increase in federal reimbursement rate for certain services - minimum wage - wage pass-through requirement - training - appropriation. The act requires the department of health care policy and financing (department) to request from the federal government an increase of 8.1% in the reimbursement rate for certain services delivered to consumers through the home- and community-based services waivers. For the 2019-20 fiscal year, each home care agency (agency) shall pay 100% of the funding that results from the rate increase as compensation for employees who provide personal care services, homemaker services, and in-home support services (covered services) to consumers. For the 2020-21 fiscal year, each agency shall pay 85% of the funding that results from the rate increase as compensation for employees who provide covered services to consumers. Within 60 days after the request for an increase in the reimbursement rate is approved, each agency shall provide written notice to each nonadministrative employee who provides covered services of the compensation to which the employee is entitled. The act states that on and after July 1, 2020, the hourly minimum wage for persons who provide covered services for which an agency may receive reimbursement pursuant to the "Colorado Medical Assistance Act" is $12.41 per hour. Each agency shall track and report how it used any funding resulting from the rate increase using a reporting tool developed by the department. The department may recoup from an agency part or all of the funding resulting from the rate increase if the department determines that the agency: Did not use 100% of any funding resulting from the rate increase to increase compensation for nonadministrative employees for the 2019-20 fiscal year; Did not use 85% of the funding resulting from the rate increase to increase compensation for nonadministrative employees for the 2020-21 fiscal year; or Failed to track and report how it used any funds resulting from the increase in the reimbursement rate. The act requires the department and the department of public health and environment, in consultation with stakeholders, on or before January 1, 2020, to establish a process for reviewing and enforcing initial and ongoing training requirements for persons who provide covered services. The act appropriates $5,682,377 to the department to implement the act. (Note: This summary applies to this bill as enacted.) Read More
Juvenile justice reform - committee - membership - duties - juvenile detention working group - additional duties - district attorneys and juvenile probation use of screening tools - appropriation. The act establishes a committee on juvenile justice reform (committee) in the department of public safety (department) and establishes its membership. The act specifies duties of the committee including: By September 1, 2019, adopting a validated risk and needs assessment tool or tools to be used throughout the juvenile justice system; Selecting a mental health screening tool for juvenile offenders; Selecting a validated risk screening tool to be used by district attorneys in determining a juvenile's eligibility for diversion; By July 1, 2020, selecting a vendor to assist in the implementation of and provide training on the tools; and Developing plans for measuring the effectiveness of the tools. Under current law, there is a working group under the division of youth services on detention of juvenile offenders and alternative services to detention. The act adds to the working group's duties that by January 1, 2021 it must: Adopt a research-based detention screening instrument, develop a plan for training on the new instrument, and submit a report on the use of the new instrument; Establish criteria for the alternative services and report on the effectiveness of the alternative services; Adopt a relative information form for parents and guardians to complete; and Develop a system of graduated responses and reward for juvenile parole officers. On and after January 1, 2021, the act requires district attorney's offices to use the risk screening tools and the results of the tools in determining a juvenile's eligibility for diversion and need for services. It specifies grounds that may not be used to deny diversion and directs the division of criminal justice to collect data and report on juvenile diversion programs. The act restricts removing a juvenile from the custody of a parent, unless the detention screening is conducted and specified findings are made, and directs that unless physical restriction is required, custody of the juvenile is given to kin or another person. It limits which juveniles may be placed in detention. In releasing a juvenile from detention, the act requires the juvenile court to use the detention screening instrument. For juvenile probation, the act requires the state court administrator to: By January 1, 2021, develop a statewide system of graduated responses and incentives to change a juvenile's behavior and address violations; and By July 1, 2021, develop statewide standards for juvenile probation supervision and services and provide annual training on the standards. For the 2019-20 state fiscal year, the act appropriates $68,598 from the general fund to the judicial department; $500,000 from the general fund to the department of human services for the division of youth services; and $6,315 from the general fund to the legislative department. (Note: This summary applies to this bill as enacted.) Read More
Federal immigration enforcement - no arrest based on civil detainer - no personal information to immigration authorities from probation - advisement before immigration interview. The act allows a law enforcement officer or employee to cooperate or assist federal immigration enforcement authorities in the execution of a warrant issued by a federal judge or magistrate or honoring any writ issued by any state or federal judge concerning the transfer of a prisoner to or from federal custody. The act prohibits a law enforcement officer from arresting or detaining an individual solely on the basis of a civil immigration detainer. The act prohibits a probation officer or probation department employee from providing an individual's personal information to federal immigration authorities. If a law enforcement officer is coordinating a telephone or video interview between federal immigration authorities and an individual in jail or another custodial facility, the individual must be advised that: The interview is being sought by federal immigration authorities; The individual has the right to decline the interview and remain silent; The individual has the right to speak to an attorney before submitting to the interview; and Anything the individual says may be used against him or her in subsequent proceedings, including in a federal immigration court.(Note: This summary applies to this bill as enacted.) Read More
Criminal record sealing - simplified sealing no conviction - petition for sealing petty offenses through class 3 felonies and level 2 drug felonies - appropriation. The act repeals and reenacts the statutes related to sealing criminal justice records. The act creates a simplified process to seal criminal justice records when: A case against a defendant is completely dismissed because the defendant is acquitted of all counts in the case; The defendant completes a diversion agreement when a criminal case has been filed; or The defendant completes a deferred judgment and sentence and all counts are dismissed. The court seals those records within the criminal case without requiring the defendant to file a separate civil action. The act allows a defendant to petition for sealing criminal justice records when there is a criminal conviction and without requiring the defendant to file a separate civil action as follows: If the offense is a petty offense or a drug petty offense, the motion may be filed one year after the later of the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning a criminal conviction. The court seals the records if the defendant has not been convicted of a criminal offense since the later of the above dates. If the offense is a class 2 or 3 misdemeanor or any drug misdemeanor, the motion may be filed 2 years after the later of the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning a criminal conviction. The district attorney can object to the sealing. If the district attorney does not object and the crime is not a victims' rights act crime, the court seals the case if the defendant has not been convicted of a criminal offense since the later of the above dates. If the district attorney objects or the victim request a hearing, the court makes the determination after a hearing. If the offense is a class 4, 5, or 6 felony, a level 3 or 4 drug felony, or a class 1 misdemeanor, the motion may be filed 3 years after the later of the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning a criminal conviction. The district attorney can object to the sealing. If the district attorney does not object and the crime is not a victims' rights act crime, the court seals the case if the defendant has not been convicted of a criminal offense since the later of the above dates. If the district attorney objects or the victim request a hearing, the court makes the determination after a hearing and considering the district attorney's position. For all other offenses, the petition may be filed 5 years after the later of the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning a criminal conviction. The district attorney can object to the sealing. If the district attorney does not object, the court seals the case if the defendant has not been convicted of a criminal offense since the later of the above dates. If the district attorney objects, the court makes the determination after a hearing and considering the district attorney's position. The act specifies the offenses for which sealing is not eligible including class 1, 2, and 3 felonies and level 1 drug felonies. The act retains the specific record sealing provisions for when no charges are filed and for victims of human trafficking, municipal offenses, and posting intimate photos of a person offenses. The act states a defendant is not required to waive his or her right to file a motion to seal as a condition of a plea agreement. The act appropriates $47,361 to the judicial department from the judicial stabilization cash fund for the trial courts. The act appropriates $443,847 to the department of public safety from the Colorado bureau of investigation identification unit fund for the biometric identification and records unit. (Note: This summary applies to this bill as enacted.) Read More
Immigration - refugee services. The act codifies the existing Colorado refugee services program (program) that is administered by the state department of human services (department) pursuant to a 1994 executive order. The act establishes the program in the department and designates the department as the agency responsible for the development, review, and administration of Colorado's refugee services plan (state plan). The program must be administered in accordance with the state plan and must include certain services and assistance for refugees in accordance with the state plan and the federal "Immigration and Nationality Act". The program may provide additional services and assistance to support refugee resettlement and integration. The general assembly is permitted to appropriate money to the department for the administration of the program.(Note: This summary applies to this bill as enacted.) Read More
Apprenticeship resource directory - creation - appropriation. The act requires the department of labor and employment (department) to create the Colorado state apprenticeship resource directory. The department is required to collect detailed information on each apprenticeship program in the state, including the application process, costs, program outcomes, and requirements for enrollment. The department is required to promote the availability of the directory. $25,507 is appropriated to the department from the general fund to implement the act. (Note: This summary applies to this bill as enacted.) Read More
Prison population management - file review - technical violations revoke parole - parolee intensive treatment program - full board approval circumstance - reentry services if not released on parole - table parole review - appropriation. Under current law, there are prison population measures that can be used when the vacancy rate drops below 2%. The act changes the rate to 3% and adds a new measure. The new measure allows the department to submit a list of inmates who meet a specified eligibility criteria, have a favorable parole plan, and have been assessed to be less than high risk to the parole board for a file review. For technical parole violations related to possession of a deadly weapon, refusing or failing to comply with the requirements of sex offender treatment, absconding or willful failure to appear, unlawful contact with a victim, or willful tampering or removal of an electronic monitoring device, the act allows the parole board to revoke parole and place the inmate back in prison for up to the remainder of the inmate's parole. The act allows the parole board to place a parolee who needs treatment and is amenable to treatment in a parolee intensive treatment program operated by the department in a level I security facility or equivalent facility. If an inmate meets criteria and has an approved parole plan, has been assessed low or very low risk, and parole guidelines recommend release, the parole board may deny parole only by a majority vote of the full board. The act provides an inmate released from prison without supervision the right to access reentry services for up to one year from the date of discharge. The act requires the parole board to table a parole release decision if it finds the inmate's parole plan is inadequate and to require a new parole plan within 30 days. The act appropriates $25,200 from the general fund to the department of corrections for information technology services. (Note: This summary applies to this bill as enacted.) Read More
