State court administrator - court reminder program - appropriation. The state court administrator must administer a court reminder program (program) in district courts, county courts, and municipal courts that use the judicial department's case management system. The program must remind criminal defendants and juveniles who are alleged to have committed a delinquent act to appear at their scheduled hearings and provide reminders about unplanned court closures. The judicial department is required to include information about the program in its annual report to the general assembly. A court that participates in the program and a person who serves a juvenile or the juvenile's parent with a summons or a written promise to appear in court must notify criminal defendants and juveniles and the juveniles' parents of the opportunity to provide a mobile telephone number that will be used by the court solely to provide text message reminders for future court dates and unplanned court closures. A summons that is issued in lieu of a warrant must advise the person summonsed that he or she may provide a phone number to receive such reminders. A phone number collected for the express purpose of administering the program must be kept separate from other identifying information and must only be used to achieve the objectives of the program. For the 2018-19 state fiscal year, $203,612 is appropriated to the judicial department from the general fund for information technology infrastructure. (Note: This summary applies to this bill as enacted.) Read More
Restitution - interest - accrual - lower to 8% - appropriation. The act provides that interest on an order of restitution does not accrue while the defendant is: Serving a sentence in a correctional facility within the state operated by or under contract with the department of corrections; or In a juvenile case and under 21 years of age. The act also lowers the interest rate on certain restitution amounts from 12% to 8% as of January 1, 2020. For the 2019-20 state fiscal year, the act appropriates $220,480 from the judicial collection enhancement cash fund to the judicial department to implement the act. (Note: This summary applies to this bill as enacted.) Read More
Individuals serving a sentence of parole - eligibility to register and vote - meaning of full term of imprisonment - appropriation. Existing law prohibits a person serving a sentence of parole from being eligible to register to vote or to vote in any election. The act declares that the purposes of parole are served by restoring the vote to persons serving a sentence of parole. The act clarifies that, for purposes of the "Uniform Election Code" and for applying state constitutional provisions governing disenfranchisement during imprisonment, persons sentenced to parole have completed their "full term of imprisonment" as that term appears in the state constitution. Accordingly, the act makes an individual serving a sentence of parole eligible to register to vote and to vote in any election. The division of adult parole is required to provide an individual sentenced to parole information regarding the individual's voting rights, how the individual may register to vote and cast a ballot, and how the individual may obtain voter information materials. The act repeals existing statutory provisions permitting a person on parole to preregister to vote so that the person is automatically registered to vote after being released from parole. For the 2019-20 state fiscal year, the act appropriates $16,960 to the department of state for use by the information technology division. (Note: This summary applies to this bill as enacted.) Read More
Juvenile record expungement - clarifications - expunge diversion without filing a case - when expungement is triggered - class 2 and 3 misdemeanor sex offenses expungement - decide continued sex offender registration with expungement - who receives notice of expungement - municipal expungement. The act makes changes and clarifications to the juvenile record expungement provisions. The act clarifies which dismissals and alternative dispositions are eligible for automatic expungement. The act allows expungement of a diversion record without filing a case and allows a victim an opportunity to object. The act clarifies when a sentence is complete, which triggers the expungement process. Under current law, a class 1 misdemeanor sex offense can be expunged. The act allows class 2 and class 3 misdemeanor sex offenses to be expunged. The act requires the juvenile court to determine whether a juvenile who has his or her record expunged for a sex offense should have a continuing duty to register as a sex offender. The act clarifies to whom the notice of expungement needs to be sent so that only the agencies with the records receive the notice. The act makes clear that juvenile record expungement applies in municipal court by creating a new section for municipal court expungement. (Note: This summary applies to this bill as enacted.) Read More
Court-appointed special advocate programs - program oversight. The act relocates provisions concerning the statewide oversight of court-appointed special advocate (CASA) programs. The office of the child's representative (office) is required to enter into an agreement with a nonprofit entity (state CASA entity) to enhance the CASA program in Colorado. The state CASA entity is required to submit a report to the office concerning the performance of its duties within one month prior to receiving an allocation of money for CASA programs and, at least annually, must certify to the office the amount that each local CASA program receives from each allocation.(Note: This summary applies to this bill as enacted.) Read More
Just transition support for coal-related jobs - office created - advisory committee - just transition plan - workforce transition plan - report - sunset review - appropriation. The act creates the just transition office in the division of employment and training in the department of labor and employment. A just transition advisory committee will develop a draft just transition plan, and the director of the office will submit a final just transition plan to the governor and general assembly, regarding proposed: Benefits to be given to coal transition workers to enable them to support themselves and their families and to access and complete education and training, resulting in being hired for high-quality jobs; Grants to be awarded to eligible entities in coal transition communities that seek to create a more diversified, equitable, and vibrant economic future for those communities; and Sources of funding. The just transition advisory committee is scheduled for repeal in 2025, subject to sunset review. An electric utility that proposes the accelerated retirement of a coal-fueled electric generating facility shall submit to the office and the affected community a workforce transition plan at least 6 months before the retirement of the facility. The director shall submit a report to the general assembly by January 1, 2024, containing recommended legislative changes to the act. $155,758 is appropriated from the general fund to the department of labor and employment and $920 from the general fund to the general assembly for the implementation of the act. (Note: This summary applies to this bill as enacted.) Read More
The bill creates the employment support and job retention services program (program) within the division of employment and training (division) in the department of labor and employment (department) to provide emergency employment support and job retention services to eligible individuals in the state. The bill requires the director of the division (director) to contract with an entity to administer the program to provide reimbursement for employment support and job retention services provided to eligible individuals statewide. In order to be eligible for services for which a service provider may be reimbursed under the program, an individual must be 16 years of age or older, be eligible to work in the United States, have a household income that is at or below the federal poverty line, and be underemployed or unemployed and actively involved in employment preparation, job training, employment pursuit, or job retention activities. The director is required to establish procedures and guidelines to implement and set parameters for the operation of the program. The general assembly is required to appropriate money to the employment support and job retention services cash fund created in the bill for allocation to the division to implement and operate the program. The department is authorized to accept gifts, grants, and donations for the implementation and operation of the program. The program is repealed, effective September 30, 2022. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
Pretrial release - post bond within 2 hours - nominal processing fees - release 4 hours after posting bond - release even if costs or fees need to be paid - plan for bond hearing within 48 hours - application of bond toward fees, costs, fines, restitution, or surcharges. The act creates rights for defendants related to release on bond as follows: Unless extraordinary circumstances exist, a defendant must be allowed to post bond within 2 hours after the sheriff receives the bond information from the court; Unless extraordinary circumstances exist, a defendant cannot be charged more than a $10 bond processing fee and not charged any additional transaction fees including kiosk fees; except that a standard credit card processing fee may be charged when a credit card is used; Unless extraordinary circumstances exist, the custodian of a jail has to release a defendant within 4 hours after the defendant has posted bond and is physically present in the jail; except that, if the defendant needs to be fitted for an electronic monitoring device, then the 4-hour period does not apply; and If a defendant has been granted bond and can meet the terms of the bond, the court shall release the defendant even if the defendant is unable to pay a fee or cost. The act requires the chief judge of each judicial district to develop a plan for setting bond for all in-custody defendants within 48 hours of arrest. In developing the plan, county commissioners, sheriffs, and district attorneys shall provide the chief judge cost estimates of feasibility as well as any potential savings from the proposal, including jail bed costs and savings. No later than November 1, 2019, the state court administrator's office shall report to the judiciary committees of the house of representatives and the senate the plans for all 22 judicial districts, not including the Denver county court. The report must include an estimate of resources necessary to implement a 48-hour requirement. Under current law, a defendant's bond deposit can be applied to court costs, fees, fines, restitution, or surcharges owed by the defendant. The act allows application of the bond if the defendant posted the bond and agrees in writing to allow it to be used for such purposes. The act prohibits that application if the bond was posted by a third party. (Note: This summary applies to this bill as enacted.) Read More
Controlled substances - possession offenses - sentencing - substance use and mental health treatment - appropriation. The act makes possession of 4 grams or less of a controlled substance listed in schedule I or II a level 1 drug misdemeanor; except that possession of any amount of gamma hydroxybutyrate or a fourth or subsequent offense for possession of 4 grams or less of a schedule I or II controlled substance or any amount of a schedule III, IV, or V controlled substance is a level 4 drug felony. The act makes possession of more than 6 ounces of marijuana or more than 3 ounces of marijuana concentrate a level 1 drug misdemeanor and possession of 3 ounces or less of marijuana concentrate a level 2 drug misdemeanor. The act clarifies that a person may not be arrested for the petty offense of possession of not more than 2 ounces of marijuana. A court may issue a warrant for arrest of a person who fails to appear in court as required by a summons for that possession offense. A court is permitted to suspend a sentence to complete useful public service pursuant to the "Uniform Controlled Substances Act of 2013" when the sentence interferes with treatment or other probation requirements imposed by the court. A court is not required to sentence a person to complete useful public service if the person receives diversion or a deferred sentence. Only those convicted of a felony drug offense must submit to the fingerprinting and photographing requirements of the "Uniform Controlled Substances Act of 2013". Persons convicted of the level 1 drug misdemeanors related to unlawful possession of a controlled substance and possession of marijuana or marijuana concentrate may be punished by a sentence of up to 180 days in the county jail or 2 years probation, with up to 180 days in jail as a condition of, or for a violation of, probation. For a third or subsequent offense, a person may be sentenced to up to 364 days in jail. In addition to any other sentence, the person convicted is subject to a maximum $1,000 fine. Persons convicted of the level 2 drug misdemeanors related to unlawful use of a controlled substance, possession of marijuana or marijuana concentrate, unlawful use or possession of certain synthetic controlled substances, or abusing toxic vapors may be punished by a sentence of up to 120 days in the county jail or one year probation, with up to 120 days in jail as a condition of, or for a violation of, probation. For a third or subsequent offense, a person may be sentenced to up to 180 days in jail. In addition to any other sentence, the person convicted is subject to a maximum $500 fine. The community substance use and mental health services grant program is established in the department of local affairs to provide grants to counties that provide substance use or mental health treatment services to, facilitate diversion programs for, or develop other strategies to reduce jail and prison bed use by, persons who come into contact with the criminal justice system. A county is eligible to receive a grant if it provides such treatment services and programs in collaboration with public health agencies, law enforcement agencies, and community-based organizations. For the 2019-20 state fiscal year, $123,139 is appropriated from the general fund to the judicial department for probation programs to implement the act. (Note: This summary applies to this bill as enacted.) Read More
Community colleges and occupational education - earned construction industry registered apprenticeship program credit - transfer to college credit - working group - appropriation. The chief administrative officer of the Colorado community college system, or his or her designee, is required to convene a working group to determine the most efficient and appropriate manner in which to facilitate the transfer of earned construction industry registered apprenticeship program credit to college credit. If possible, the chief administrative officer is required to include representatives from varying community colleges, area technical schools, local district colleges, relevant 4-year institutions that grant bachelor degrees, applicable union and nonunion labor organizations, and other interested parties. The working group will meet during the interim following the first regular session of the seventy-second general assembly and is required to consider specified issues, solicit input from subject matter experts, and submit to the general assembly its recommendations for the most efficient and appropriate manner in which to facilitate the transfer of earned construction industry registered apprenticeship program credit to college credit, including any recommendations for necessary legislation. The money appropriated for purposes of the working group is exempt from the matching requirement for student financial assistance. In addition, the department of higher education is required to enter into a fee-for-service contract for the purposes of the working group. For the 2019-20 state fiscal year, $15,000 is appropriated to the department of higher education from the general fund. (Note: This summary applies to this bill as enacted.) Read More
Juvenile advisement of rights - accompanying adult's adverse interest - admissibility. Under current law, statements by a juvenile concerning delinquent acts committed by the juvenile are admissible against the juvenile so long as the juvenile is accompanied by one or more specified adults during the advisement of constitutional rights and during the interrogation. A court decision found this to be legally sufficient even if the adult was shown to have an interest adverse to the juvenile. Under the act, if an issue concerning the adult's adverse interest is raised, the prosecution must prove by a preponderance of the evidence that the person conducting the interrogation reasonably believed that the adult did not have an interest adverse to the juvenile and helped safeguard the juvenile's constitutional rights to remain silent or obtain counsel during the interrogation.(Note: This summary applies to this bill as enacted.) Read More
State institutions of higher education - application for admission - criminal or educational disciplinary history inquiry. A state institution of higher education (institution) is prohibited from inquiring, prior to admission, about an applicant's criminal history or disciplinary history at an elementary, secondary, or postsecondary institution (disciplinary history); except that the institution may inquire into the following: An applicant's prior convictions or disciplinary history for stalking, sexual assault, and domestic violence; An applicant's convictions within 5 years before submitting the application for assault, kidnapping, voluntary manslaughter, or murder; and Any pending criminal charges against the applicant. An institution that accepts a form of application that may be used to apply to other institutions is prohibited from considering any criminal or disciplinary history information provided on that application that the institution is prohibited from inquiring into on its own application. An institution that accepts a form of application that is designed by a national application service, tailored for admission to a specific degree program, and used in other states may consider criminal history information provided on that application. An institution's review of an otherwise qualified applicant's disclosed criminal history or disciplinary history must be made in a reasonable amount of time. The institution shall provide an appeals process for an otherwise qualified applicant denied admission based on the applicant's criminal or disciplinary history. An institution is required to post its policies regarding inquiries into an applicant's criminal and disciplinary history on its website and file such policies with the Colorado commission on higher education (commission). An institution shall notify the commission at least 30 days before making any changes to such policies. An institution is permitted to inquire into an admitted student's criminal history when obtaining information pertaining to participation in campus life or student housing. (Note: This summary applies to this bill as enacted.) Read More
