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
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
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 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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The bill, known as the "Colorado Energy Impact Assistance Act", authorizes any electric utility (utility) to apply to the public utilities commission (PUC) for a financing order that will authorize the utility to issue low-cost Colorado energy impact assistance bonds (bonds) to lower the cost to electric utility customers (ratepayers) when the retirement of an electric generating facility occurs. A utility that issues bonds in conjunction with the retirement of an electric generating facility may apply to the PUC for approval to replace the retired electric generating facility with cost-effective generation resources or energy storage facilities, the granting of which by the PUC is subject to specified requirements and limitations. A portion of bond proceeds will provide transition assistance for Colorado workers and communities directly affected by the retirement of the facilities (transition assistance). To repay the bonds at the lowest cost to ratepayers, the PUC is authorized to review and approve a financing order and authorize a special energy impact assistance charge that is separate and apart from the utility's base rates on all ratepayer bills. The establishment and ongoing adjustment of the separate charge will allow bonds to achieve the highest possible credit rating, at least AA/Aa2, from the national independent credit rating agencies and will therefore allow bonds to be issued at the lowest possible interest rate and lowest subsequent cost to ratepayers. Before issuing a financing order, the PUC must hold a public hearing, receive testimony from affected groups, and make specified determinations concerning the necessity, prudence, justness, reasonableness, and quantifiable benefits to utility ratepayers of issuing the financing order. After the public hearing process, if a financing order is approved by the PUC, it must include specific information and instructions for the utility to which it applies relating to the amount of bonds to be issued and the imposition of the energy impact assistance charge and must require the utility to pay 15% of the net present value of the savings to a newly created Colorado energy impact assistance authority (authority) for the payment of transition assistance by the authority and the authority's reasonable and necessary administrative and operating costs. As an alternative to the financing order and bond issuance process, upon the closure of an electric generating facility, a Colorado electric utility may transfer to the authority an amount of up to 15% of the net present value of operational savings created by the closure of the electric generating facility, and such a transfer shall be deemed by the PUC to be a prudent action by the utility. The bill specifies that the authority is governed by a 7-member board of directors appointed by the governor and specifies mandatory and suggested occupational experience for the directors. The authority is authorized to receive bond proceeds from a utility to which a financing order applies and use the bond proceeds to provide transition assistance and pay its reasonable and necessary administrative and operating costs. Transition assistance is defined to include payment of retraining costs, including costs of apprenticeship programs and skilled worker retraining programs, for and financial assistance to directly displaced Colorado facility workers, compensation to Colorado local governments for lost property tax revenue directly resulting from the retirement of a facility, and similar payments, job retraining, assistance, and compensation for directly displaced Colorado workers and local governments in areas that produce fuel used in the retired facility directly resulting from the elimination of the need for fuel at the facility. The authority must disburse at least 50% of the transition assistance that it provides directly to Colorado workers; except that, if the local advisory committee established by the authority as required by the bill determines that the disbursement of 50% of all transition assistance directly to Colorado workers would be excessive based on the amount of transition assistance available and the amount of need for such direct assistance and recommends that a lower percentage of all transition assistance be disbursed directly to Colorado workers, the authority may reduce the percentage of all transition assistance disbursed directly to Colorado workers below50% to any percentage not less than 30%. When determining how best to provide transition assistance to a local community, the authority must, in conjunction with each board of county commissioners, municipal governing body, and school district that includes all or a portion of the impacted community, establish and take into consideration the advice of a local advisory committee. The authority is subject to open meeting and open records requirements and is required to submit a report to specified committees of the general assembly that sets forth a complete and detailed financial and operating statement of the authority for any fiscal year for which the authority has provided transition assistance. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
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The bill clarifies that the Colorado water conservation board may augment stream flows to preserve or improve the natural environment to a reasonable degree by use of an acquired water right that has been previously quantified and changed to include augmentation use, without a further change of the water right being required. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
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Under current law, the Colorado water conservation board (board), subject to procedural requirements established to prevent injury to water rights or decreed conditional water rights, may use loaned water for instream flows if the loaned water is used for preserving the natural environment of a stream reach that is subject to a decreed instream flow water right held by the board. The bill expands the number of years within a 10-year period that a loan may be exercised from 3 years to 5 years, but for no more than 3 consecutive years, and allows a loan to be renewed for up to 2 additional 10-year periods. The bill also expands the board's ability to use loaned water for instream flows to allow loans to improve the natural environment to a reasonable degree pursuant to a decreed instream flow water right held by the board. In considering whether to accept the new type of loan authorized by the bill, the board must evaluate the proposed loan based on a biological analysis performed by the division of parks and wildlife. The board is required to promulgate rules regarding the necessary steps for reviewing and accepting such a loan. The state or division engineer's decision to approve or deny a proposed loan may be appealed to a water judge, who is required to hear the matter on an expedited basis and to review the evidence presented to the state or division engineer on a de novo basis. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
Current law prohibits the use of wireless telephones while driving for individuals who are younger than 18 years of age. The bill: Extends the prohibition to drivers of all ages; Extends the existing prohibition of the use of wireless telephones to include all mobile electronic devices; Establishes the penalties as $50 and 2 points for a first violation, $100 and 2 points for a second violation, $200 and 4 points for a third or subsequent violation, and $300 and 4 points if the violation involves text messaging; Creates an exception to the prohibition of the use of mobile electronic devices for adult drivers who use a mobile electronic device while a hands-free accessory is engaged; and Repeals a sentence enhancement for a violation that causes bodily injury or death. Appropriates $7,425 to the department of revenue to implement the bill. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
