Under current law, if a defendant is arrested for certain crimes and the court determines that the public would be in significant peril if the accused is released, the defendant is not bailable. The bill removes from the list of crimes that are not bailable the crime of possession of a weapon by a previous offender and sex assault crimes. The bill requires each judicial district to develop: A pretrial screening process; and A chief judge administrative order specifying written criteria for the immediate release of certain defendants without any monetary conditions. The office of the state court administrator shall develop statewide standards and guidelines for the pretrial screening process and written criteria for immediate release of certain defendants without any monetary conditions. The bill creates a presumption that a defendant should be released with the least restrictive conditions possible and without monetary conditions unless the court finds one or more of the following: The person poses a substantial risk of danger to the safety of any person or the community; or There is a substantial risk that the person will attempt to flee prosecution; or There is a substantial risk that the person will attempt to obstruct or otherwise wilfully avoid the criminal process; and There are no reasonable nonmonetary conditions of release that reasonably assure: The safety of any person or the community; That the person will not attempt to flee prosecution; or That the person will not attempt to obstruct or otherwise wilfully avoid the criminal justice process. The bill requires the court to consider the results of empirically developed and validated risk assessment instruction when making determinations about the type of bond and conditions of release, but the assessment cannot be the sole basis for the decision. The bill outlines the other factors to consider in selecting the type of bond and conditions of release. The bill delineates the types of bond that a court can set: An unsecured personal recognizance bond, which may include an amount specified by the court; An unsecured personal recognizance bond with additional nonmonetary conditions of release designed specifically to reasonably ensure the appearance of the person in court and the safety of any person or persons or the community; A bond with secured monetary conditions; and A bond with secured real estate conditions when the court determined that release on an unsecured personal recognizance bond without monetary conditions will not reasonably ensure the appearance of the person in court or the safety of any person or persons or the community. The bill requires all counties and cities and counties to develop a pretrial services program by July 1, 2020. A community advisory board is established in each county or city and county to develop the plan for the pretrial services program. The chief judge shall approve the plan developed by the community advisory board prior to implementing and starting the pretrial services program. The bill prohibits for-profit entities from operating a pretrial services program and requires any entity operating a pretrial services program to be conflict free. The bill creates a funding program to allow judicial districts to develop and sustain pretrial programs. If a county is unable to operate a pretrial services program, the county shall file a statement of inability to comply with the state court administrator, which must outline, in detail, the reasons why the county is unable to provide a pretrial services program. The office of the state court administrator shall develop minimum standards for pretrial services programs, and the bill specifies other criteria for pretrial services programs. The bill requires the state court administrator to review and approve an empirically developed and validated risk assessment instrument to be used by pretrial services programs. The bill specifies how a defendant, prosecuting attorney, or bonding and release commissioner can ask for a review and modification of bond. The bill appropriates $440,493 from the general fund to the judicial department, of which, $330,253 goes to general court administration and $110, 240 goes to information technology services. The bill appropriates $39,813 to division of criminal justice in the department of public safety for administrative services. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
Effective January 1, 2024, the bill prohibits a retail food establishment from distributing an expanded polystyrene product for use as a container for off-premises ready-to-eat food in the state. The executive director of the department of public health and environment or the executive director's designee may, through the attorney general, seek injunctive relief against a retail food establishment that violates the prohibition.(Note: This summary applies to this bill as introduced.) Read More
Court facility dog - requirements - jury instruction. The act allows a court, upon motion of a party or upon its own motion, to allow a witness to testify during criminal proceedings while a court facility dog is in the courtroom if certain conditions are satisfied. The act requires a court facility dog to have graduated from training in providing support to witnesses testifying during proceedings without causing a distraction during proceedings. The training must be provided by a properly accredited organization. The act allows the court discretion to instruct the jury, if a jury instruction is requested by a party who objected to the presence of the court facility dog or upon agreement of the parties, on the role of the court facility dog so that the presence of the court facility dog does not improperly influence the jury. The act clarifies that nothing in the act precludes or interferes with the rights of a qualified individual with a disability who is accompanied by a service animal pursuant to state or federal law. (Note: This summary applies to this bill as enacted.) Read More
The bill establishes the ninth grade success grant program (grant program) to provide money for school districts, boards of cooperative services (local education providers), and charter schools to implement a ninth grade success program to assist ninth-grade students in developing the skills they need to graduate from high school and be successful postgraduation. The grant program is funded by annual appropriations, which may include appropriations from the marijuana tax cash fund. The department of education (department) may also accept and expend gifts, grants, and donations for the grant program. The bill specifies the minimum application requirements for a local education provider or charter school that chooses to apply for a grant. The department shall administer the grant program by reviewing applications and making recommendations to the state board of education (state board), which will award the grants. In making recommendations and awarding grants, the department and the state board shall prioritize those applying local education providers and charter schools that have 4-year high school graduation rates that rank in the bottom 20% of the 4-year high school graduation rates statewide. The bill includes additional criteria that the department and the state board must consider. A local education provider or charter school that receives a grant must provide matching money or in-kind contributions in amounts set by the state board, not to exceed specified percentages. Each local education provider and charter school that receives a grant must use the money to implement a ninth grade success program that meets the requirements specified in the bill. Each grant recipient must report information concerning its ninth grade success program, including evaluation data for several specified outcome measures. The department must submit a report concerning the implementation of the grant program to the state board and to the education committees of the general assembly. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
Animal cruelty - mental health treatment - order preventing pet ownership. The act allows a court to impose a mental health treatment program or appropriate treatment program as a sentence for animal cruelty. The act requires a court to enter an order prohibiting a person convicted of felony animal cruelty from owning a pet animal for a period of 3 to 5 years and a juvenile adjudicated a delinquent for an animal cruelty crime from owning a pet animal, unless the defendant or juvenile's treatment provider makes a specific recommendation not to impose the ban and the court agrees with the recommendation.(Note: This summary applies to this bill as enacted.) Read More
The bill exempts from licensure by the director of the division of professions and occupations in the department of regulatory agencies a person who engages only in hair drying services, which services include drying, styling, arranging, curling, hot ironing, or cleansing hair. Portions of the bill make conforming amendments necessary to harmonize the bill with the title 12 recodification bill, House Bill 19-1172. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
The bill specifies that for property tax years commencing on or after January 1, 2020, a senior is deemed to be a 10-year owner-occupier of a primary residence that the senior has owned and occupied for less than 10 years and therefore qualifies for the senior property tax exemption for the residence if: The senior would have qualified for the senior property tax exemption for the senior's former primary residence but for the fact that medical necessity required the senior to stop occupying the former primary residence; The senior has not previously received the exemption for a former primary residence on the basis of medical necessity; and The senior has not owned and occupied another primary residence since the senior first stopped occupying his or her former primary residence due to medical necessity. "Medical necessity" is defined as a medical condition of a senior that a physician licensed to practice medicine in Colorado has certified, on a form developed by the state property tax administrator, as having required the senior to stop occupying the senior's prior primary residence. When applying for such an exemption, a senior must provide to the assessor the form establishing proof of medical necessity. (Note: This summary applies to this bill as introduced.) Read More
The bill repeals existing statutory language prohibiting counties or municipalities (local governments) from enacting any ordinance or resolution that would control rent on either private residential property or a private residential housing unit (collectively, private residential property). The bill authorizes local governments to enact and enforce any ordinance, resolution, agreement, deed restriction, or other measure that would stabilize rent on private residential property.(Note: This summary applies to this bill as introduced.) Read More
The bill requires the executive director of the department of personnel or his or her designee, in coordination with the executive director of the department of labor and employment or his or her designee, to convene a prevailing wage working group to meet during the interim following the first regular session of the seventy-second general assembly to determine the most efficient and appropriate manner in which to implement a prevailing wage requirement for state contracts. The bill specifies the aspects of a potential prevailing wage requirement that the working group is required to consider. The prevailing wage working group is required to solicit input from subject matter experts during the course of its work and is required to submit to the general assembly its recommendations for the most efficient and appropriate manner in which to implement a prevailing wage requirement for state contracts. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
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Under existing law, a disability trust is not valid unless, among other requirements, the trust provides that upon the death of the beneficiary, or termination of the trust during the beneficiary's lifetime, whichever occurs sooner, the department of health care policy and financing (department) receives any amount remaining in the trust up to the total medical assistance paid on behalf of the individual and that no other person is entitled to payment until the department is fully reimbursed for any assistance. A disability trust is not valid until the department ensures that the trust complies with state law and any applicable rules. The bill clarifies that a disability trust must provide that the department receives reimbursement from the trust only upon the death of the beneficiary, that no other person is entitled to payment until the department and any other states' medical assistance agencies are fully reimbursed for any assistance, and that a disability trust is not valid until the department ensures that the trust also complies with the requirements of title XIX of the federal social security act. (Note: This summary applies to this bill as introduced.) Read More
