Current law provides 2 definitions by which an offender in the custody of the department of corrections (department) may be considered a 'special needs offender'. The first definition describes a person 'who is 60 years of age or older and has been diagnosed by a licensed health care provider who is employed by or under contract with the department as suffering from a chronic infirmity, illness, condition, disease, or behavioral or mental health disorder and the department or the state board of parole (parole board) determines that the person is incapacitated to the extent that he or she is not likely to pose a risk to public safety'. The bill amends this definition by changing '60 years' to '55 years'. The bill also adds a third definition by which such an offender may be considered a 'special needs offender'. That is, an offender who, as determined by a licensed health care provider who is employed by or under contract with the department, on the basis of available evidence, not including evidence resulting from a refusal of the person to accept treatment, does not have a substantial probability of being restored to competency for the completion of any sentence and is not likely to pose a risk to public safety. Under current law, if the department recommends to the parole board that an offender be released to parole as a special needs offender, the parole board may deny parole only by a majority vote of the parole board. The bill states that to deny parole under such conditions, the parole board must also make a finding that granting parole would create a threat to public safety and that the offender is likely to commit an offense. The bill states that if, prior to or during any parole hearing, the parole board or any member of the parole board has a substantial and good-faith reason to believe that the offender is incompetent to proceed, the parole board shall suspend all proceedings and notify the trial court that imposed any active sentence, and the court shall determine the competency or incompetency of the offender. The court shall appoint counsel to represent the offender with respect to the determination of competency, but the presence of the offender is not required for any court proceedings unless good cause is shown. For any offender who is granted special needs parole, the parole board shall set the length of the parole for an appropriate time period of at least 6 months but not exceeding 36 months. At any time during such an offender's parole, the parole board may revise the duration of the offender's parole. However, in no case may such an offender be required to serve a period of parole in excess of the period of parole to which he or she would otherwise be sentenced, or 36 months, whichever is less. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Legislative Audit Committee. Commencing January 1, 2019, the bill requires each statutorily created board or commission in state government, not including a special purpose authority, to implement written policies or bylaws and obtain annual training on specified issues in order to ensure that best practices are utilized and requires each state agency responsible for a statutorily created board or commission to ensure that the state board or commission obtains the annual training and implements the written policies.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Statutory Revision Committee. Current law specifies that a county, city, or incorporated town may include the creation of a sales and use tax capital improvement fund (special fund) when the county, city, or incorporated town seeks voter approval to levy a sales or use tax. Before the adoption of section 20 of article X of the state constitution (TABOR), the statute provided that a county, city, or incorporated town needed to create the special fund in order to issue revenue bonds payable solely from the fund for financing capital improvements. Current law also specifies that if a county, city, or incorporated town wishes to create a special fund after it has already obtained voter approval for the levying of a sales or use tax, then the county, city, or incorporated town must seek voter approval for the creation of the special fund. The creation of the special fund does not have a purpose for a county, city, or incorporated town post-TABOR because the question of using sales or use tax revenues for financing capital improvements is asked when the county, city, or incorporated town seeks voter approval for the bond issuance. Thus, the language regarding the creation of the fund is unnecessary. Furthermore, the requirement to seek voter approval for the creation of the special fund after a county, city, or incorporated town has already obtained voter approval for the levying of a sales or use tax predates the adoption of TABOR. Because TABOR requires any district, including a county, city, or incorporated town, to seek voter approval for the issuance of any revenue bonds, the requirement to seek voter approval for the creation of the special fund is unnecessary and duplicative. The bill repeals the unnecessary and duplicative law and clarifies that the use of sales and use tax revenue bonds for capital improvements requires voter approval under TABOR. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Current law requires persons outside of Colorado who accept wagers from residents of Colorado on simulcast horse racing events to be licensed in Colorado and to pay a source market fee into the racing cash fund. The bill authorizes the director of the division of racing events to allocate a portion of the source market fee to be paid to any horse purse trust fund established pursuant to existing law, if necessary, to maintain a sustainable and competitive purse structure in Colorado. The money credited to a horse purse trust account from the source market fee is to be paid out as purses for races held at live race meets in Colorado, as authorized by the director, or as otherwise authorized by rules of the commission. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The board of the southwestern water conservation district (board) is currently required to meet on the fourth Tuesday of January, April, July, and October. Section 1 of the bill requires the board to meet once every 3 months and eliminates the specific date requirement. Section 2 makes conforming amendments to the provisions governing the terms of board members and of the board president.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Early Childhood and School Readiness Legislative Commission. The bill creates a license within the department of human services (department) for a substitute placement agency that places or that facilitates or arranges placement of substitute child care providers in licensed child care facilities providing less than 24-hour care. The bill requires the state board of human services to establish rules for substitute child care providers and substitute placement agencies, including a requirement that substitute child care providers submit to a fingerprint-based criminal history records check and a review of records of child abuse and neglect maintained by the department. The bill allows the department to establish and collect a fee for licensing substitute placement agencies. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill contains a legislative declaration about the circumstances facing special immigrants and refugees and the benefit of access to education. The bill grants eligibility for in-state tuition status to refugees and special immigrants admitted to the United States pursuant to federal law who have settled in Colorado. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
At the first appearance of a defendant in court or upon arraignment, and before accepting a plea of guilty or nolo contendere, the court shall ascertain whether the defendant is currently serving in the United States armed forces or is a veteran of such forces. The court shall inform any such defendant that he or she may be entitled to receive mental health treatment, substance use disorder treatment, or other services as a veteran. Under current law, the chief judge of a judicial district may establish an appropriate program for the treatment of veterans and members of the military. The bill states that, in establishing any such program, the chief judge, in collaboration with the probation department, the district attorney, and the state public defender, shall establish program guidelines and eligibility criteria. The bill requires a court, in determining whether to issue an order to seal criminal records of a petitioner who has successfully completed a veterans treatment program, to consider such factor favorably in making the determination. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The department of human services currently leases portions of the Grand Junction regional center campus to third-party behavioral health providers. The bill authorizes the department to continue such leases until June 30, 2020, and each party to such lease may terminate the lease early provided that the terminating party provide the other party with 90 days notice before vacating the property or requiring the property to be vacated. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Statutory Revision Committee. The bill repeals the requirement that the executive director of the department of revenue publish an historical explanation of income tax rate modifications enacted in the state on every income tax return form.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Section 1 of the bill creates a new class of limited impact construction materials permits for one-time activities that produce construction materials as a by-product and are not intended to be ongoing mining operations. Section 2 authorizes an application fee of $400 for the permit and an annual fee of $200.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Police Officers' and Firefighters' Pension Reform Commission. Every member of the fire and police pension association (FPPA), at the commencement of employment, is required to complete a health history on a statewide standard health history form (form). The purpose of the form is to notify FPPA of a member's health history as it exists at the commencement of employment. The employer of a member can be liable for the total payment of disability and survivor benefits that may be awarded to the member if, in addition to other factors, the employer did not file the form with the FPPA. The bill clarifies several aspects of the form. Specifically, the bill: Specifies that all newly hired members are required to fill out the form; Clarifies that the employer must require newly hired members to complete and file the form; Authorizes the board of directors of the FPPA to adopt an electronic format for the completion and filing of the form; and Specifies that any member who omits or conceals, rather than fraudulently conceals, a material fact concerning his or her health history on the form may be disqualified from receiving disability or survivor benefits.(Note: This summary applies to this bill as introduced.) , Read More
