Under existing law, each local education provider must administer the state assessments in math and English language arts to ninth-grade students and must administer a state-selected assessment to tenth-grade students. The bill repeals the requirement to administer the state assessment to ninth-grade students. Instead, local education providers must administer a state-selected ninth-grade assessment that is aligned with the ninth-grade content standards and the assessment administered to tenth-grade students. The department of education must ensure that, under the testing schedule, ninth-grade students take the state-selected assessment in the spring semester. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law provides that the department of human services low-income energy assistance fund, the energy outreach Colorado low-income energy assistance fund, and the Colorado energy office low-income energy assistance fund receive conditional funding from the severance tax operational fund through the state fiscal year commencing July 1, 2018. The bill extends the conditional funding through the state fiscal year commencing July 1, 2023. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under current law, a defendant may petition a court to have a municipal offense or petty offense sealed if the person was not charged or convicted of another crime within 3 years after the discharge of the municipal or petty offense. The bill allows sealing of a municipal offense that did not involve domestic violence or a petty offense if the person had a single nonfelony conviction that did not involve domestic violence, unlawful sexual behavior, or child abuse during that 3-year period and no other convictions for 10 years after the subsequent offense. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill creates the criminal offense of posting a private image by a juvenile. The offense can be committed in 2 ways. The first way is if a juvenile, through digital or electronic means, knowingly distributes, displays, or publishes to the view of another person a sexually explicit image of a person other than himself or herself who is at least 14 years of age or is less than 4 years younger than the juvenile: Without the depicted person's permission; or When the recipient did not solicit or request to be supplied with the image and suffered emotional distress; or When the juvenile knew or should have known that the depicted person had a reasonable expectation that the image would remain private. The second way is if the juvenile knowingly distributes, displays, or publishes, to the view of another person who is at least 14 years of age or is less than 4 years younger than the juvenile, a sexually explicit image of himself or herself when the recipient did not solicit or request to be supplied with the image and suffered emotional distress. The offense is a class 2 misdemeanor; except that it is a class 1 misdemeanor if: The juvenile committed the offense with the intent to coerce, intimidate, threaten, or otherwise cause emotional distress to the depicted person; or The juvenile had previously posted a private image and completed a diversion program or education program for the act pursuant to the provisions of the bill or had a prior adjudication for posting a private image by a juvenile; or The juvenile distributed, displayed, or published 3 or more images that depicted 3 or more separate and distinct persons. The bill creates the criminal offense of possessing a private image by a juvenile that prohibits a juvenile, through digital or electronic means, from knowingly possessing a sexually explicit image of another person who is at least 14 years of age or is less than 4 years younger than the juvenile without the depicted person's permission. It is not an offense if the juvenile: Took reasonable steps to either destroy or delete the image within 72 hours after initially viewing the image; or Reported the initial viewing of such image to law enforcement or a school resource officer within 72 hours after initially viewing the image. The offense is a petty offense; except that it is a class 2 misdemeanor if the unsolicited possessor of the image possessed 10 or more separate images that depicted 3 or more separate and distinct persons. The bill creates a civil infraction of exchange of a private image by a juvenile if a juvenile, through digital or electronic means: Knowingly sends a sexually explicit image or images of himself or herself to another person who is at least 14 years of age or is less than 4 years younger than the juvenile, and the image or images depict only the sender and no other person and the sender reasonably believed that the recipient had solicited or otherwise agreed to the transmittal of the image or images; or Knowingly possesses a sexually explicit image or images of another person who is at least 14 years of age or is less than 4 years younger than the juvenile, and the image or images depict only the sender and no other person and the juvenile reasonably believed that the depicted person had transmitted the image or images or otherwise agreed to the transmittal of the image or images. The civil infraction can be punished by participation in a program designed by the school safety resource center or other appropriate program addressing the risks and consequences of exchanging a sexually explicit image of a juvenile or a fine of up to $50, which may be waived by the court upon a showing of indigency. If a juvenile's conduct is limited to the elements of the petty offense of possession of a private image by a juvenile or limited to the elements of the civil infraction of exchange of a private image by a juvenile, then the juvenile cannot be charged with sexual exploitation of a child. If a juvenile is charged with posting a private image by a juvenile, he or she cannot be charged with sexual exploitation of a child. The bill allows a juvenile to petition the court to not impose sex offender registration if he or she is charged with sexual exploitation of a child and the juvenile's conduct satisfies posting a private image by a juvenile or possession of a private image by a juvenile. It is an affirmative defense to the two criminal offenses and the civil infraction if a juvenile is coerced, threatened, or intimated into distributing, displaying, publishing, possessing, or exchanging a sexually explicit image of a person under 18 years of age. The court must order the records of any of the 2 criminal offenses or civil infraction expunged within 42 days of completion of the sentence or program. The bill requires the school safety resource center to make available a sexting curriculum for school districts to use. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill updates language regarding the use of money from the high cost support mechanism (HCSM) for broadband deployment grant applications approved by the broadband deployment board to have money transferred directly from the HCSM to approved broadband deployment grant applicants. The public utilities commission is directed to determine the amount of HCSM money available for broadband deployment and related administrative costs, and the bill requires that amount to be held in a separate account. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
A qualified investor who, prior to January 1, 2018, makes an equity investment in a qualified small business from an advanced industry is allowed an income tax credit that is equal to a percentage of the investment, up to a maximum credit of $50,000. The Colorado office of economic development (office) determines the eligibility for the tax credits and issues nontransferable tax credit certificates that are used to claim the credit. The maximum amount of tax credits allowed for a calendar year is $750,000. The bill extends the credit by allowing qualified investments made on or after January 1, 2018, but prior to January 1, 2023, to qualify for the tax credit. From 2019 through 2022, the total maximum amount of credits for a calendar year is increased to $1.5 million. Beginning with the 2018 calendar year, if the office authorizes less than this amount in a year, then the remaining, unused credits are added to the next year's total maximum amount. In addition, the definition of 'qualified small business' is expanded to include a company that has annual revenues of less than $5 million or that has been actively operating and generating revenue for less than 5 years. Currently, a business must meet both criteria, in addition to other criteria that will continue to apply. The advanced industry investment tax credit cash fund, which was started with money transferred from another cash fund and has no current revenue source, is repealed. In 2022, the office is required to submit to legislative committees a report that includes information about the tax credits issued after January 1, 2018, and the economic benefits from the related qualified investments. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
House Bill 16-1324 allowed a veterinarian to maintain an office stock of compounded drugs, which are drugs that are combined, mixed, or otherwise altered to create a specific drug or formulation, for later distribution or administration to animal patients. The bill defines 'food animal' and sets forth the limited circumstances under which a veterinarian may administer or dispense a compounded drug obtained from a prescription drug outlet for a food animal. The bill further clarifies that references to 'patient' set forth in House Bill 16-1324 refer to an 'animal patient'. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill: Authorizes a limited cooperative association to operate as a public benefit corporation; Deletes the requirement that a public benefit corporation's entity name explicitly refer to its status as a public benefit corporation, and instead requires that before issuing shares of stock or disposing of treasury shares that are not required to be federally registered, the public benefit corporation must provide notice to the person to whom the stock is issued or who acquires the treasury shares that it is a public benefit corporation ( section 1 of the bill); Subjects transactions to opt out of status as a public benefit corporation to the requirement to get shareholder approval ( section 2 ); Clarifies the requirements applicable to the filing of the annual public benefit report ( section 4 ); Clarifies that the existence of a provision of the public benefit corporation law does not of itself create an implication that a contrary or different rule of law is or would be applicable to an entity that is not a public benefit corporation ( section 5 ); and Appropriates $30,488 from the department of state cash fund to the department of state for the implementation of the act.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill clarifies that when a person is convicted of a criminal offense, upon proper motion of the prosecuting attorney and at the discretion of the court, the court shall collect from the person any reasonable and necessary costs incurred by the prosecuting attorney or law enforcement agency that are directly the result of the successful prosecution of the person and transfer such costs to the prosecuting attorney or law enforcement agency. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
If a person is detained in a jail on a municipal hold and does not immediately receive a personal recognizance bond, the jail shall promptly notify the municipal court of the hold or, if the municipal hold is the sole basis for the person's detention, notify the municipal court of the hold within 4 hours. All municipal courts shall establish an e-mail address, if internet service is available, whereby the municipal court can receive notifications from jails. If internet service is not available, the municipal court shall establish a telephone line with voicemail for the same purpose. Once a demanding municipal court receives the notice that its hold is the sole basis for the detention, the court shall hold a hearing within 2 days of receiving the notice; except that if the defendant has failed to appear at least twice in the case and the jail is in a different county than the county where the municipality is located, the demanding municipal court shall hold a hearing within 4 days. At the hearing the municipal court must either: Arraign the defendant; or If the defendant is being held for failure to appear, conduct the proceedings related to the failure to appear unless the proceeding is a trial or evidentiary hearing or requires the presence of a witness. If the case is not resolved at the hearing, the municipal court shall conduct a bond hearing and release the defendant on bond under the least restrictive conditions possible. If the defendant does not appear before the municipal court within the required time frames, the jail holding the defendant shall release the defendant on an unsecured personal recognizance bond with no other conditions returnable to the municipal court. A municipal court shall adopt standing orders to effectuate the defendant's release if the defendant is not transferred to the municipal court within the required time frames. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill renames the division of youth corrections the 'division of youth services' (division) and makes conforming amendments. The bill sets forth the purposes of the renamed division. The bill creates and requires the division to implement a pilot program to initiate a cultural change within the division. The bill creates a cash fund and authorizes the division to seek, accept, and expend gifts, grants, or donations for the pilot program. The bill requires the department to contract with an independent third party to facilitate, supervise, coach, and train staff and leadership of the division throughout the pilot program. The bill requires the division to contract with a second independent third party to evaluate the effectiveness and outcome of the pilot program. The bill creates community boards in each region of the division, requires a management-level employee from each division facility to attend community board meetings, and requires a representative of the division to report to each community board quarterly. Current law requires the state department of human services (department) to report annually to the general assembly data concerning recidivism rates of youths committed to the custody of the department. The bill requires the department to report data concerning educational outcomes as well as recidivism rates, and the bill requires the state auditor to audit these reports for accuracy and quality. The bill renames the 'youth seclusion working group' the 'youth restraint and seclusion working group', adds a member to the working group, expands the role of the working group to include advising on the use of restraints, requires the division to report to the working group concerning its use of restraints and seclusion, and requires the division to include in its reports an incident report or behavior management plan for any youth whom the division isolates from his or her peers for more than 8 hours in 2 consecutive calendar days. The bill requires the division to document and report certain items relating to the use of restraint as well as the use of seclusion. The bill requires the division to contract with a third independent third party to conduct a performance assessment of the division's de-escalation, physical management, and safety policies and practices, as well as its provision of trauma-responsive care. The bill makes an appropriation. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Legislative Oversight Committee Concerning the Treatment of Persons with Mental Health Disorders in the Criminal and Juvenile Justice Systems. The bill addresses various issues relating to the restoration of competency for juveniles and adults in the juvenile and criminal justice systems, including: Requiring the court to consider whether restoration to competency services should occur on an outpatient basis if the defendant is on bond or summons; Requiring that, in addition to providing competency restoration services in the least restrictive environment, the provision of such services and a juvenile's participation in those services occur and are reviewed by the court in a timely manner; Establishing the office of behavioral health (office), as the entity responsible for the oversight of restoration education and the coordination services necessary to competency restoration; and Setting forth the duties of the office related to competency restoration services and education, including the development of a standardized juvenile and adult curricula for the educational component of competency restoration services. The curricula, to be developed on or before December 1, 2017, must have a content and delivery mechanism that allows it to be tailored to meet individual needs, including those of persons with intellectual and developmental disabilities.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
