Under current law, there is limited access to juvenile delinquency records. The bill restricts that access by making certain records public only after a court orders that a child be charged as an adult, consistent with recent changes to the direct file statute, and by eliminating the requirement that the prosecuting attorney notify the school principal of minor offenses. The bill also ensures that the juvenile and his or her attorney can access the juvenile's records, and that juvenile record information is available to agencies that require the information for research purposes, with protections against the disclosure of identifying information. Under current law, a juvenile or someone on the juvenile's behalf must petition, after an applicable waiting period of one to 5 years, for expungement. The bill requires the court to automatically expunge records in certain situations. In some situations, the juvenile must still petition for expungement. Records will be expunged immediately upon: A finding of not guilty at an adjudicatory trial; Dismissal of the entire case; or The completion of a juvenile sentence for a petty offense, drug petty offense, a class 2 or class 3 misdemeanor, or a level 1 or level 2 drug misdemeanor that is not a sex offense, does not involve domestic violence, or is not a crime that requires victim notification. Records will be eligible for expungement upon the completion of a juvenile sentence when the juvenile has a class 1 misdemeanor or a misdemeanor involving domestic violence; or a misdemeanor offense involving unlawful sexual contact; or the dismissal after completion of juvenile diversion, a deferred adjudication, or an informal adjustment; or the adjudication of a first-time felony and the adjudicated felony is not a crime of violence, is not an offense involving unlawful sexual behavior, and is not a class 1 or class 2 felony. The court sends a notice to the prosecuting attorney that the records are eligible for expungement. The prosecuting attorney shall notify the victim, and the victim and the prosecuting attorney have the right to object to the expungement. If there is no objection, the court enters an expungement order. If there is an objection, the court holds a hearing to determine if the juvenile is sufficiently rehabilitated and whether expungement is in the best interest of the juvenile and the community. Records will be eligible for expungement upon the completion of a juvenile sentence for a municipal offense 42 days after the completion of the municipal sentence. The court shall send notice to the prosecuting attorney regarding the expungement and if the prosecuting attorney files an objection within 42 days, the court shall hold a hearing. If there is no objection, the court enters an expungement order. If there is an objection, the court holds a hearing to determine if the juvenile has successfully completed the sentence and the case is closed . A person who is adjudicated as a repeat or mandatory offender, violent juvenile offender, or aggravated juvenile offender; adjudicated for homicide or vehicular homicide as a juvenile offender; or adjudicated for a felony offense involving unlawful sexual behavior is not eligible for expungement. The bill requires written notice of the right to expungement and of the expungement process to the juvenile. A prosecuting attorney cannot require as a condition of a plea agreement that the juvenile waive his or her right to expungement. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill authorizes a school district, board of cooperative services, district charter high school, or institute charter high school (local education provider) to grant a high school diploma endorsement in science, technology, engineering, and mathematics (STEM) to students who demonstrate mastery in STEM. To obtain the endorsement, a student must complete the high school graduation requirements at a high level of proficiency, successfully complete 4 STEM courses selected by the local education provider in addition to the high school graduation requirements in these subjects, achieve a minimum score specified in the bill on one of several specified mathematics assessments, and successfully complete a final capstone project. To successfully complete the capstone project, the student must achieve a high proficiency level of mastery, as set by the local education provider, for each of the competencies specified in the bill. The local education provider is required to work with STEM-related business and industrial leaders and institutions of higher education in setting the high proficiency levels of mastery. The local education provider must annually notify students and their parents beginning in sixth grade of the requirements for obtaining a STEM diploma endorsement. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Colorado Commission on Uniform State Laws. The bill enacts the 'Revised Uniform Law on Notarial Acts' (the 'Act'), as amended by the National Conference of Commissioners on Uniform State Laws in 2016. The Act responds to current transactions and practices (in particular electronic records); seeks to promote uniformity among state laws regarding notarial acts; enhances the integrity of the notarial process; and provides for the recognition of notarial acts performed in this state, in other states, under the authority of a federally recognized Indian tribe, under federal authority, and in foreign jurisdictions. The bill postpones the sunset review of the notaries law from July 1, 2018, to September 1, 2023 and relocates the notaries law from the title governing professions and occupations to the secretary of state's article. The bill also creates a working group to study and make recommendations by December 1, 2017, regarding electronic remote notarization. The secretary of state must promulgate rules regarding electronic remote notarization, after which notaries may perform a notarial act by electronic remote notarization in compliance with the rules. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill establishes the center for research into substance use disorder prevention, treatment, and recovery support strategies at the university of Colorado health sciences center. The bill makes an appropriation. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
To promote demand-side management programs for electricity, the public utilities commission (commission) was authorized in 2007 to establish the following electricity goals for investor-owned electric utilities to achieve by 2018: A demonstrated reduction of peak demand by at least 5% of the retail peak demand level in 2006; and Demonstrated energy savings of at least 5% compared to the energy sales in 2006. The bill extends the programs to 2028 and requires the commission to set goals of at least 5% peak demand reduction and 5% energy savings by 2028 for demand-side management programs implemented during 2019 through 2028 when compared to 2018 numbers. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill requires the Colorado office of economic development (office) to engage the services of a local nonprofit organization that supports and promotes the employee-owned business model to educate the staff at the office on the forms and merits of employee ownership in order for the office to promote employee ownership as part of its small business assistance center. The bill requires the office to establish and administer a revolving loan program to assist transitions of existing businesses to employee-owned businesses. The bill specifies that the office may enter into a contract, following an open and competitive process, with a local nondepository nonprofit organization that supports and promotes the employee-owned business model, a bank, or a nondepository community development financial institution to establish and administer the revolving loan program. The bill allows the office to work with the Colorado housing and finance authority to assist in offering loans under the program. The bill specifies the types of businesses that may qualify for the program, sets a maximum amount of any loan, and specifies what the loans may and may not be used for. The bill also allows the office to seek matching private sector money to help capitalize the program. The bill authorizes the office to accept and expend gifts, grants, and donations to capitalize the program, and may annually keep the first 15% of the money raised for administration purposes. The bill creates the revolving loan program cash fund and the money in the fund is continuously appropriated to the office. The bill also specifies that the office is required to establish guidelines and post on its website administrative details about the revolving loan program, such as fees, costs, interest rates, and loan terms. The bill includes a repeal of the section of law creating the program, effective July 1, 2022. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill repeals a performance-based funding plan for institutions of higher education (institutions) that was included in the master plan for Colorado postsecondary education. The performance-based funding plan was not implemented. The bill repeals the statutory provision requiring performance contracts between the department of higher education (department) and each institution, except for performance contracts with the Colorado school of mines and private institutions participating in the college opportunity fund program. Instead, the department and the public institutions shall affirm annually the institutions' contribution toward meeting master plan goals. The department shall report annually to legislative committees concerning the institutions' progress towards those goals using data collected for state and federal reporting and state funding purposes. The department shall post the information on its website. The bill makes conforming amendments relating to the repeal. The bill repeals a provision that allowed the Colorado commission on higher education (commission) to waive any provision of article 1 of title 23, Colorado Revised Statutes, for a governing board with a performance contract. The bill replaces this with provisions that modify statutory sections that are currently waived or modified for all the state higher education governing boards as part of their performance contracts. Specifically, the bill: Removes the requirement that an institution submit a proposal to obtain approval from the commission to create, modify, or discontinue an academic or vocational program, so long as the programs offered are consistent with the institution's statutory role and mission; Amends provisions relating to commission master plan approval and approval of capital construction projects. Under certain circumstances, and with the commission's approval, an institution is not required to seek facility master plan approval or approval of capital construction projects. Amends provisions related to student fees to enable the commission to waive fee policies. The bill makes other changes to commission responsibilities, including repealing an obsolete program for designating institutions' programs of excellence, allowing the commission to waive provisions relating to its oversight of graduate program duplication, requiring a report on student fees to continue indefinitely and to address student tuition, and modifying the commission's responsibilities related to the development of cooperative programs among state-supported institutions. (Note: This summary applies to this bill as introduced.)
The bill creates the discipline strategies pilot program (pilot program) to provide money to school districts, boards of cooperative services, and charter schools for professional development for educators in the use of culturally responsive methods of student discipline for students enrolled in preschool through third grade and developmentally appropriate responses to the behavioral issues of students enrolled in preschool through third grade. The department of education (department) and the state board of education (state board) must implement the pilot program by reviewing applications, awarding grants, and preparing a report concerning implementation of the pilot program, including its success in reducing the use of exclusionary discipline practices. The department must submit the report to the state board, the joint budget committee, and the education committees of the general assembly. The pilot program must be paid for exclusively with gifts, grants, and donations, and the department and the state board are not required to implement the pilot program in a year in which they do not receive a sufficient amount in gifts, grants, and donations. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under current law, driving under restraint is a misdemeanor punishable by up to 6 months in jail and up to a $500 fine. The bill decreases the penalty to a class A traffic infraction if the basis of the restraint is an outstanding judgment. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Beginning January 1, 2018, the bill closes the Torrens title registration system to new applications to register land title in this state. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill clarifies the intent of the general assembly for establishing a coordinated behavioral health crisis response system (crisis system). The crisis system is intended to be a comprehensive, appropriate, and preferred response to behavioral health crises in Colorado. By clarifying the role of the crisis system and making necessary enhancements, the bill puts systems in place to help Colorado end the use of jails and correctional facilities as placement options for individuals placed on emergency mental health holds if they have not also been charged with a crime and enhances the ability of emergency departments to serve individuals who are experiencing a behavioral health crisis. The crisis system is intended to provide an appropriate first line of response to individuals in need of an emergency 72-hour mental health hold. The statewide framework created by the crisis system strengthens community partnerships and ensures that first responders are equipped with a variety of options for addressing behavioral health crises that meet the needs of the individual in a clinically appropriate setting. The bill expands and strengthens the current crisis system in the following ways: Encourages crisis system contractors in each region to develop partnerships with the broad array of crisis intervention services in the region; Requires crisis system contractors to be responsible for community engagement, coordination, and system navigation for key partners in the crisis system. The goals of community coordination are to formalize key relationships within contractually defined regions, pursue collaborative programming for behavioral health services, and coordinate interventions as necessary with behavioral health crises in the region. Increases the ability of all crisis services facilities, including walk-in centers, acute treatment units, and crisis stabilization units within the crisis system, regardless of facility licensure, to adequately care for an individual brought to the facility in need of an emergency 72-hour mental health hold; Expands the ability of mobile response units to be available within 2 hours, either face-to-face or using telehealth operations for mobile crisis evaluations; Recognizes the obligations of hospitals and hospital-based emergency departments under federal law to screen and stabilize every patient who comes to the hospital-based emergency department, including those patients experiencing a behavioral health crisis; and Requires that, on or before January 1, 2018, all walk-in centers throughout the state be appropriately designated, adequately prepared, and properly staffed to accept an individual in need of an emergency 72-hour mental health hold. The department of human services (department) shall ensure consistent training for professionals who have regular contact with individuals who are experiencing a behavioral health crisis. The department shall conduct a needs and capacity assessment of the crisis system. The office of behavioral health is required to submit a report on or before November 1, 2017, and on or before May 1, 2018, concerning the status of funding, the use of new and existing resources, and the implementation of additional behavioral health crisis services. This report is separate and in addition to the information the department is required to provide concerning the crisis system in its annual SMART report to the general assembly. The bill removes language from statute that allows, at any time for any reason, an individual who is being held on an emergency 72-hour mental health hold to be detained or housed in a jail, lockup, or other place used for the confinement of persons charged with or convicted of criminal offenses. The effective date of this component of the bill is May 1, 2018. The bill requires annual reports to the department by each emergency services facility that has treated a person pursuant to an emergency 72-hour mental health hold. The reports must only include aggregate and nonidentifying information. The reports must include information on the names and counties of involved facilities; the total number of persons treated at the facility; a summary regarding the different reasons for which persons were treated at the facility; and a summary of the disposition of the persons transferred to a designated mental health facility. An appropriation from the marijuana tax cash fund is authorized. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill removes the authority of a board of education of a school district, a charter school, an institute charter school, and a school operated by a board of cooperative services (local education provider) to withhold records required for enrollment in another school or institution of higher education or a student's grades, transcripts, or diploma for failure to pay any fine or fee assessed by the local education provider, to return or replace textbooks or library resources, or to return other school property. The local education provider shall make reasonable efforts to obtain payment of an assessed fee or fine or payment for lost or damaged textbooks, library resources, or other school property. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
