The bill clarifies that the offenses of intimidating a witness or victim and retaliation against a witness or victim apply to witnesses in criminal, civil, and administrative proceedings. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill establishes the medicaid fraud control unit (unit) in the department of law. The unit is responsible for investigation and prosecution of medicaid fraud and waste, as well as patient abuse, neglect, and exploitation. Prior to initiating a criminal prosecution, the unit must consult with the district attorney of the judicial district where the prosecution would be initiated. The department of health care policy and financing is authorized to require medicaid providers to include information about reporting medicaid fraud to the unit in any explanation of benefits provided to a medicaid beneficiary. The bill creates offenses related to making false statements on applications, medicaid fraud, and credit and recovery of medicaid payments. The bill makes it unlawful to receive certain kickbacks, bribes, and rebates related to the administration of a medicaid service. Actions brought under the provisions of the bill must commence within 3 years after the discovery of the offense, but no later than six years after the commission of the offense. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
County Courthouse and County Jail Funding and Overcrowding Solutions Interim Study Committee. Under current law, the general assembly establishes in its annual general appropriations bill the amount that the department of corrections (department) is required to reimburse any county or city and county for a portion of the expenses and costs incurred by that county or city and county for the confinement and maintenance in a local jail of any person who is sentenced to a term of imprisonment in a correctional facility. The bill states that, to assist the general assembly in determining such rate of reimbursement, each county and each city and county shall report to the joint budget committee the average cost of confining and maintaining persons in a local jail for more than 72 hours after each such person has been sentenced to the custody of the department. The joint budget committee is required to establish guidelines to ensure that each county and each city and county reports costs in a uniform manner.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
The bill requires local juvenile services planning committees to devise a plan to manage dually identified crossover youth. A dually identified crossover youth is a youth involved in both the juvenile justice system and the child welfare system. The plan must contain descriptions and processes to include the following: A process for the identification of dually identified crossover youth at the earliest reasonable point of contact; A method for collaborating and exchanging information with other judicial districts; A process for promptly communicating information about the youth's crossover status between the child welfare and juvenile justice systems and to notify each other of the new involvement in the respective system or information that may aid in the identification of dually identified crossover youth; A process for identifying the least restrictive appropriate placement; A process for sharing and gathering information in accordance with applicable laws and rules; A process for the development of a single case management plan and identification of the lead agency for case management purposes; A process that facilitates the sharing of assessments and case planning information; A process for a multi-disciplinary group of professionals to consider decisions that include: Youth and community safety, placement, provision of needed services, alternatives to detention and commitment, probation, parole, permanency, education stability, and case closure; and A requirement that dually identified crossover youth placed in a secure detention facility who are deemed eligible for release by the court be placed in the least restrictive setting whenever possible to reduce the disparity between dually identified crossover youth and nondually identified crossover youth in secure detention. The bill allows marijuana tax cash fund money to be used for the development of local dually identified crossover youth plans and services. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Under Colorado criminal law there is a rape shield law that presumes that evidence of a victim's sexual conduct is irrelevant and not admissible except for: Evidence of the victim's prior or subsequent sexual conduct with the defendant; or Evidence of specific instances of sexual activity showing the source or origin of semen, pregnancy, disease, or any similar evidence of sexual intercourse offered for the purpose of showing that the act or acts were or were not committed by the defendant. The bill creates a similar presumption in a civil proceeding involving alleged sexual misconduct. If a party wants to introduce sexual conduct evidence, it must file a confidential motion with the court at least 63 days prior to trial. Prior to ruling on the motion, the court shall conduct an in camera hearing and allow the parties and alleged victim to attend and be heard. All motions and all related records are kept under seal unless the court orders that the evidence is admissible. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Sunset Process - House Business Affairs and Labor Committee. The bill implements the recommendations of the department of regulatory agencies' (department) sunset review and report on requirements and procedures regarding the preparation of a cost-benefit analysis by: Continuing the requirements and procedures indefinitely ( recommendation 1 , sections 1 and 2 of the bill); Requiring state rule-making agencies to include on their applicable websites information about the cost-benefit analysis process and a link to the online regulatory notice enrollment form created by the executive director of the department or the executive director's designee ( recommendation 2 , section 2).(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The Colorado department of human services (department) operates numerous facilities in the state that provide direct care to vulnerable people, including veterans and their families, youth in rehabilitation programs, people with intellectual and developmental disabilities, and people with mental health diagnoses. Current law specifies when an employee of the department (employee) will be suspended or dismissed after being charged with specified criminal offenses. However, the department has encountered difficulty in suspending, dismissing, or otherwise disciplining employees through the administrative process when the employee was involved in an egregious incident of mistreatment of a vulnerable person but was not convicted of a criminal offense. The bill specifies that: In considering a disciplinary action against an employee for engaging in mistreatment, abuse, neglect, or exploitation, against a vulnerable person, the appointing authority shall give weight to the safety of vulnerable persons over the interests of any other person. If the appointing authority finds that the employee has engaged in mistreatment, abuse, neglect, or exploitation against a vulnerable person, the appointing authority may take such disciplinary action as the appointing authority deems appropriate, up to and including termination, taking into consideration the harm or risk of harm to vulnerable persons created by the employee's actions.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Recent legislation changed the expiration dates of real estate licenses from an anniversary date 3 years after the date of initial issuance to December 31 of the third year after issuance and did not allow the real estate commission a period to transition licenses. To allow more flexibility in transitioning from the anniversary date system to the calendar-year system, the bill authorizes the commission to issue licenses that expire on December 31 of the year of issuance. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Sentencing in the Criminal Justice System Interim Study Committee. Under current law, the length of a mandatory parole sentence for a class 2 and 3 felony is 5 years. The bill lowers the length of mandatory parole for a class 2 felony if the offense is not a crime of violence and a class 3 felony to 3 years.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
The bill makes technical modifications to the 'Fair Campaign Practices Act' (FCPA) to facilitate its administration. Specifically: Section 1 of the bill excludes from the definition of 'contribution' in the FCPA the payment of legal fees to advise a candidate on compliance with campaign finance law or regulations or to represent a candidate or candidate committee in any action in which the candidate or candidate committee has been named as a defendant. This section also excludes from the definition of 'expenditure' in the FCPA legal services paid to defend a candidate or candidate committee against any action brought to enforce the campaign finance provisions of the state constitution or the FCPA. Sections 2, 4, and 8 modify various existing statutory provisions to reflect distinctions among different types of committees or other entities. Section 4 also allows a disbursement that is not otherwise defined as an expenditure to be reported to the appropriate officer. Sections 3 and 4 eliminate unnecessary, overly burdensome, and potentially unconstitutional double reporting of certain campaign contributions. Sections 4 and 5 clean up and correct errors that resulted from campaign finance legislation adopted during the 2016 regular session. Section 5 also removes certain paper-filing provisions that are rendered obsolete by electronic filing. Further, section 5 permits the secretary of state to give notice of certain campaign finance reporting deficiencies by regular mail if an e-mail address is not known. Sections 6 and 7 clarify procedures to be followed in connection with a person's failure to file a candidate affidavit or disclosure statement and the investigation of campaign finance violations. Section 7 also allows the parties in a campaign finance enforcement action in which attorney fees and costs have been awarded to apply to the district court to convert an award of fees and costs into a district court judgment. Section 7 also allows the secretary of state to intervene in any action pending before the administrative courts or the court of appeals that is brought to enforce the campaign finance provisions of the state constitution or the FCPA. Section 9 allows the secretary of state discretion in deciding whether to forward to the state controller the collections of past-due debts resulting from campaign finance violations.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Current law requires each person who is convicted of a crime against a child to pay a surcharge to the clerk of the court for the judicial district in which the conviction occurs. The bill adds the crime of human trafficking of a minor for sexual servitude to the definition of crime against a child for purposes of the surcharge. For a class 2 felony, the amount of the fine is $1,500. The bill states that if the class 2 felony is for human trafficking of a minor for involuntary servitude or for human trafficking of a minor for sexual servitude, then the amount of the fine is $3,000. Additionally, in cases where an offender is required to pay the new surcharge, the court is encouraged to delay any finding of indigence until 6 months after the offender's conviction, at which time the court may require the defendant or defendant's counsel to submit documents that substantiate the defendant's indigence. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Currently, all records of the Denver health and hospital authority (authority) are subject to the open records law. The bill specifies that certain reports, statements, agreements, bonds, guidelines, manuals, handbooks, and accounts of the authority are public records. The bill also specifies that the content of an electronic medical record system and individual medical records or medical information are not public records, and that certain writings and other records concerning the modification, initiation, or cessation of patient care and authority health care programs or initiatives are not public records under certain circumstances. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
