Legislative Oversight Committee Concerning the Treatment of Persons with Mental Health Disorders in the Criminal and Juvenile Justice Systems. The bill implements recommendations from the task force concerning the treatment of persons with mental health disorders in the criminal and juvenile justice systems and the medication consistency work group of the behavioral health transformation council to promote increased medication consistency for persons with mental health disorders in the criminal and juvenile justice systems. The recommendations include: Requiring the office of behavioral health, in consultation with the department of corrections, to promulgate rules that require providers under each department's authority to use an agreed upon medication formulary (formulary) by mental health providers and justice system providers (providers); Requiring OBH to conduct annual and biannual reviews of the formulary to address any urgent concerns related to the formulary, update the formulary, and ensure compliance with the medicaid formulary; Requiring the department of corrections, county jails, community mental health centers, the division of youth corrections, and other providers to share patient-specific mental health care and treatment information, provided federal and state confidentiality requirements are met; Requiring OBH and relevant providers to develop a plan, on or before September 1, 2018, for electronically sharing patient-specific mental health care and treatment information across systems; Requiring OBH to encourage providers to utilize cooperative purchasing for the formulary to maximize statewide cost savings; Encouraging the pharmaceutical cooperative purchasing entity to include an ongoing drug utilization review process; Requiring OBH to investigate and develop options for collaboration with local county jails to coordinate medication purchasing. Based on that information, the behavioral health transformation council shall develop a medication purchasing plan on or before September 1, 2018; and Requiring the department of human services and the department of corrections to report progress on the implementation and use of the medication formulary and cooperative purchasing as part of each department's 'State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act' hearing, beginning in January 2018 and annually thereafter.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under current law, the department of education (department) must provide technical assistance and support to school districts, the state charter school institute (institute), and public schools that are operating under an improvement plan, priority improvement plan, or turnaround plan. The bill specifies that the technical assistance may include consultation concerning strategies that address the quality and availability of early childhood education opportunities. Each school district and public school must conduct a needs assessment when preparing its performance plan. The bill specifically requires an early childhood learning needs assessment, in addition to the general needs assessment, for school districts that include a public school that is operating under a priority improvement or turnaround plan and enrolls students in kindergarten through grade three and for public schools that serve children in kindergarten through third grade. Current law specifies several actions that a public school may take if it is low performing and after it has been low performing for 5 years. The bill expands the list of actions for a public school that services children in kindergarten through third grade to include investing in research-based strategies to address any deficiencies identified in the early childhood learning needs assessment if those deficiencies are a direct cause of the public school's low performance and the public school has not previously implemented the strategies with success. A public school may implement these strategies only in combination with at least one of the other research-based strategies identified in law. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Joint Budget Committee. The bill sets forth guidelines for the establishment of provider rates for licensed out-of-home placement providers (providers). Rules adopted by the department of human services (department) concerning provider rates shall include cost-of-living adjustments and provider rate increases approved by the general assembly. The department is directed to continue completing an annual review of the methodology by which counties evaluate and negotiate provider rates and outcomes and submit a report to the joint budget committee. As part of the continuing review, the department shall contract with an independent vendor to: Perform a salary survey and study related to the delivery of child welfare services. The study must include salary surveys for providers; child placement employees; residential child care facility employees; and state and county employees involved with the provision of child welfare services. Perform an actuarial analysis of the costs necessary to provide services at a level required by state statute, departmental rule, or federal rules and regulations, as appropriate for the families referred; and Develop a rate-setting methodology for provider compensation using the salary survey and actuarial analysis. In developing the rate-setting methodology, the independent vendor shall solicit input from representatives of the state department, counties, the provider community, and the department of health care policy and financing. The rate-setting methodology must clearly include a process by which the full amount of any provider rate adjustments to the base rate or previously contracted rate approved by the general assembly are included as part of any final contract with a provider. The department shall provide the joint budget committee with a report defining the new rate-setting methodology on or before April 2, 2018. The new rate-setting methodology must be implemented on or before June 1, 2018, except for those rates that must be approved by the federal centers for medicare and medicaid services. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill subjects a provider of medicaid services to a civil monetary penalty if the provider improperly bills or seeks collection from a medicaid recipient or the estate of a medicaid recipient. The provider is also liable for a refund to the recipient of any amount unlawfully received from the recipient, including statutory interest, and for all amounts submitted to a collection agency in the name of the recipient. If, within 30 days, a provider voids the bill, returns any amounts unlawfully received, and makes every effort to resolve the collection action for the recipient, the provider is not subject to the penalties outlined in the bill. A provider is not subject to the penalties outlined in the bill if a person knowingly misrepresents his or her medicaid coverage status to the provider and the provider submits documentation relating to the misrepresentation. A provider may appeal the imposition of a civil monetary penalty. In addition, the bill allows the department of health care policy and financing (department) to require a corrective action plan from any provider who fails to comply with rules, manuals, or bulletins issued by the department, the medical services board, or the department's fiscal agent or from a provider whose activities endanger the health, safety, or welfare of a medicaid recipient. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law prohibits an establishment that is licensed to sell malt, vinous, or spirituous liquors from having an automated teller machine on the premises from which individuals enrolled in public assistance programs administered by the department of human services may obtain cash benefits through the electronic benefits transfer service. The bill exempts liquor-licensed drugstores from this prohibition. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill changes the length of time that a parolee may serve for a technical parole violation. If the parolee is on parole for a class 2 felony; level 1 drug felony; a crime of violence, stalking, menacing, or unlawful sexual behavior; or a crime against an at-risk adult or is a sexually violent predator, the length of revocation is up to the remainder of the parolee's parole period. If the parolee is on parole for a level 2 drug felony or a class 3 nonviolent felony, the length of revocation is up to 90 days. If the parolee is on parole for a level 3 or level 4 drug felony or a class 4, class 5, or class 6 nonviolent felony, the length of revocation is up to 30 days. The bill requires the division of adult parole to conduct a parole plan investigation prior to the parole release hearing and to inform the parole board (board) of the results of the investigation. If the board finds an inmate's parole plan inadequate, the board can table the release decision and order the department to submit a revised parole plan developed in conjunction with the inmate within 30 days of the board's order. The bill allows the board to conduct a parole release review instead of a hearing without the presence of the inmate if the inmate is assessed 'low' or 'very low' on the risk assessment instrument and victim notification is not required. The bill creates the justice reinvestment crime prevention initiative in the division of local government in the department of local affairs (division). The division shall develop the initiative to expand small business lending in the target communities of Aurora and Colorado Springs. The division will issue a request for participation from one or more nondepository community development financial institution loan funds to participate in the small business lending program. The division shall enter into a contract with the selected funds to define the operating terms of the loan program. The loans are limited to 5 years and $50,000. The division shall also develop the initiative to implement a grant program for programs, projects, or direct services aimed at reducing crime in the target communities. The division shall issue a request for participation to select a community foundation or foundations to manage the grant program. The division shall sign an agreement with the selected foundation or foundations that defines the role and responsibility of the foundation in managing the grant program. The grant program may fund: Academic improvement programs; Community-based services; Community engagement programs; Increasing safety and usability of common outdoor-spaces programs; Technical assistance related to data collection, data analysis, and evaluation; and Administrative costs of the foundation. Only a nonprofit organization in good standing and registered with the internal revenue service and the Colorado secretary of state, a school, a unit of local government, or a private contractor hired to provide technical assistance are eligible to receive grants. The bill requires the division to present a status report to the joint judiciary committee regarding the initiative. The bill reduces the appropriation to the department of corrections by $6,628,401 as a result of the changes to the parole statutes. The bill appropriates that $6,628,401to the department of local affairs to fund the lending program and the grant program. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill is known as the 'Bond Surety Protection Act'. The bill changes what happens with bonds posted for a defendant's appearance if a defendant is determined to be illegally present in the country and doesn't appear in court due to being removed from the country. Instead of forfeiture of the bond, a compensated surety who posted bond or a bail bonding agent who posted bond, or a noncompensated surety, such as a family member or friend, who executed a bail bond for a defendant, is exonerated from liability on the bond if the compensated surety or the noncompensated surety provides satisfactory evidence to the court that the defendant has been removed from the country. The bill requires the court to exonerate the bail bond if all of the following occur: The compensated or noncompensated surety files a motion requesting exoneration of the bail bond; The compensated or noncompensated surety files an affidavit along with the motion stating that the surety has received information from the United States department of homeland security, the United States immigration and customs enforcement, or a foreign consulate that the defendant has been detained or removed from the United States. If the surety is unable to obtain such information from the above sources, the surety must file an affidavit that is signed under penalty of perjury by a person with personal knowledge that the defendant has been detained or removed from the United States. The district attorney does not object. If the court exonerates the liability on the bail bond and the bond premium has been paid, any collateral securing the bail bond is released. The bill repeals current law that requires notification of people or sureties that their bond or fees will be forfeited if the defendant is removed from the country. On and after the effective date of the bill, a law enforcement agency holding a person charged with a criminal offense is prohibited from notifying the defendant's bail bonding agent or noncompensated surety before the bond is posted that his or her bond or fees will be forfeited if the defendant is removed from the country, and law enforcement officers are prohibited from asking a defendant or a person other than a bail bonding agent to execute a waiver that states that he or she understands that the bond or fees shall be forfeited if the defendant is removed from the country. A bail bonding agent shall not communicate to a defendant that his or her bond fees shall be forfeited if the defendant is removed from the country. The bill repeals current law regarding the crediting of revenue from forfeited bonds into the county jail assistance fund. The bill directs the state treasurer to transfer the balance remaining in the county jail assistance fund to the general fund and then abolishes and repeals the county jail assistance fund. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill clarifies that a person with a disability obtains a temporary instruction permit for driving using the normal procedures and requirements, but modified as necessary because of the disability. This includes a clarification that the instruction permit expires after 3 years. The bill also requires that the department of revenue make a reasonable effort to ensure that confidential driver's records are not visible or accessible to the public and protect the contents against inadvertent disclosure. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Sunset Process - Senate Business, Labor, and Technology Committee. The bill implements many of the recommendations of the department of regulatory agencies, as contained in the department's sunset review of motor vehicle and powersports vehicle sellers, as follows: Continues the regulation of motor vehicle and powersports vehicle sales until September 1, 2027; Codifies the auto industry division in statute under the department of revenue and changes the authority to enforce the regulation of the licensing of vehicle sellers from the executive director of the department of revenue to the director of the division; Requires a licensing application when a business acquires a new owner; Subjects the license of a dealer to discipline when the owner is acting as a salesperson and violates the law governing salespersons; Requires a fingerprint-based criminal history record check for all licensees; and Requires people who have had licenses revoked to wait one year before applying for a new license. To implement the bill, $12,568 is appropriated from the auto dealers license fund to the department of revenue, and $162,983 is appropriated from the Colorado bureau of investigation unit fund to the department of public safety. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill increases the penalties on unlicensed motor vehicle sales. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law states that a conviction for escape or for attempt to escape may not be used for the purpose of adjudicating a person an habitual criminal unless the conviction is based on the offender's escape or attempt to escape from a correctional facility. The bill clarifies that this prohibition applies to both current and prior convictions for escape and attempt to escape. The bill also states that for the purposes of this prohibition, 'correctional facility' does not include a community corrections facility or a halfway house. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
When responding to a solicitation issued by the department of transportation (department), contractors are required to secure a bid in the form of a bond. If the contractor can furnish such bond in the required amount, the bill prohibits the department from eliminating the contractor from consideration of an award based on a financial statement that the contractor submitted to the department for the department's contractor prequalification determination process. The bill specifies that the prohibition applies even if the contractor's financial statement submitted for prequalification purposes indicates that the contractor may not be able to perform the applicable contract to the level and amount reflected in the bond. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
