The bill states that the general assembly intends that the department of corrections (department) shall close excess facilities, as prioritized by a 2013 prison utilization study, when prison population projections indicate excess capacity within correctional facilities. The bill states that on or before June 30, 2019, and thereafter, the department shall operate the Centennial south campus of the Centennial correctional facility to: Administer a diagnostic program; Administer a reentry program; Provide support and other services to the department; and Use the remaining capacity of the campus to house inmates, as appropriate. Current law prohibits the department from operating the Centennial south campus for the purpose of housing inmates in housing units. The bill removes this prohibition and appropriates money to make physical modifications at the Centennial south campus to comply with legal requirements for housing inmates. The bill renames the facility formerly referred to as the 'Denver reception and diagnostic center' as the 'Denver correctional facility' and requires the Denver correctional facility to administer a residential treatment program that provides mental health treatment services to inmates. The department shall also utilize the Denver correctional facility to house inmates with physical, cognitive, and medical conditions that require long-term treatment. The bill states that on and after July 1, 2019, subject to available appropriations, the Centennial north campus shall serve as a transportation unit for the department and as a support facility for the Centennial correctional facility. The bill requires the department to include certain information in its annual 'State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act' report to the committees of reference through 2023. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
The bill creates the student suicide prevention grant program for schools (grant program) in the department of public health and environment (department) to be administered by the department. The purpose of the grant program is to provide financial assistance to school districts, schools of a school district, including charter schools, and institute charter schools to develop and implement student suicide prevention policies and training programs. The bill specifies the minimum requirements for the policies and training programs. The department is required to work with the office of suicide prevention in the department and the school safety resource center in the department of public safety in implementing the grant program. Each grant recipient is required to submit information concerning the use of the grant money to the department, and the department is required to submit an annual report concerning implementation of the grant program to the health and human services committee of the senate and the public health care and human services committee of the house of representatives. The department is required to post on its website available evidence-based best practices and other resources for persons involved in student suicide prevention. The grant program is funded by money appropriated from the school safety resource center cash fund. The bill authorizes the existing office of suicide prevention in statute. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill requires the private occupational school board (board), with the assistance of the private occupational school division within the department of higher education (division), to promulgate rules creating a sunrise review process. The sunrise review process applies to new educational credentials and new educational services, as defined in the bill, for which the board has not previously granted or denied a certificate of approval prior to a date set forth in the bill. The purpose of the sunrise review is to determine whether the new educational credentials or new educational services should be regulated by the board and division pursuant to the provisions of the 'Private Occupational Education Act of 1981' (Act). Until the sunrise review process is completed, the board and division shall not exercise the powers and duties under the Act with respect to the new educational credential or new educational service. The bill requires the board to receive, investigate, and evaluate information, including stakeholder input, to determine, in part, whether students or citizens will be harmed if the new educational credentials or new educational services are not subject to the provisions of the Act. The board shall submit a report that includes its findings and recommendations to participants in the process, as well as to the general assembly. Based on the recommendations in the report, the general assembly may enact legislation that requires the board and division to regulate the new educational credentials or new educational services under the Act. The bill permits the board to submit an amended sunrise review report to the general assembly if a change of circumstances occurs after the board's submission of the initial report to the general assembly. Nothing in the bill limits the board's or division's powers and duties under the Act with respect to educational credentials or educational services that are not subject to the sunrise review process. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
In the speedy trial statute, there is a list of time periods that are excluded from the speedy trial calculation. The bill adds the period of delay caused by a continuance ordered by the court to the list, if the court finds that the continuance is necessary to protect the defendant's constitutional rights. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
The bill creates a pilot program in the department of human services (department) to determine and, if appropriate, establish the safety and effectiveness of allowing a licensed psychiatrist to petition the court for authority to administer medications in a jail over the objection of a respondent. The advisory board to the department (advisory board) shall approve any applying jail for participation in the pilot program if it has established a contract with a facility designated by the department and also meets the minimum criteria established in the bill. Prior to approving a jail to participate in the pilot program, the advisory board shall seek input from a membership association that represents defense attorneys with experience working with respondents with mental health issues. The advisory board shall only authorize a maximum of 5 jails to participate in the pilot program. The pilot program will be monitored by the office of behavioral health. The office of behavioral health and the sheriff or appropriate law enforcement for a jail applying to participate in the pilot program shall collaboratively develop requirements for a participating jail. Requirements for information and affirmations are to be included in the petition to the court. The department is required to report on the pilot program on or before December 31, 2021. The pilot program is repealed, effective September 1, 2022. Language is clarified concerning hearings and jurisdiction in cases brought to the court for mental health proceedings, including involuntary administration of medications and certifications. If such a case is presented to a jury, the jury shall only hear evidence on the issue of whether the person has a mental health disorder and, as a result of such mental health disorder, is a danger to others or to himself or herself or is gravely disabled. (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, 2019, 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 medical necessity forced the senior to stop occupying the former primary residence; The senior has not previously received the exemption by operation of the medical necessity exemption for any former primary residence; 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 that a physician licensed to practice medicine in Colorado has certified as having required a senior to stop occupying his or her prior primary residence. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
The bill requires the judicial department to reimburse a district attorney for costs associated with litigating postconviction rule 35 of the Colorado criminal procedure motions. Costs include lay and expert witness expenses, travel expenses, subpoena expenses, required transcript costs, and attorney time billed at the same rate as the alternate defense counsel rate. The bill has an effective date of July 1, 2019. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
The bill creates the Chicana/o special license plate. A person becomes eligible to use the plate by providing a certificate confirming that the person has made a donation to an organization chosen by the department of revenue based on the organization's provision of services to the Latino community. The organization may implement the bill by making grants to other organizations that also qualify under the standards of the bill. In addition to the standard motor vehicle fees, the plate requires 2 one-time fees of $25. One of the fees is credited to the highway users tax fund and the other to the licensing services cash fund.(Note: This summary applies to this bill as introduced.) , Read More
The bill: Creates the preneed relief fund to provide restitution to preneed contract buyers; Requires funeral establishments to identify the individuals who sell preneed funeral contracts at, or on behalf of, the establishment; and Requires that all registered funeral establishments also be licensed as preneed contract sellers. $28,403 is appropriated from the division of insurance cash fund to the department of regulatory agencies to implement the bill. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill creates the ability for a family or household member or a law enforcement officer to petition the court for a temporary extreme risk protection order (ERPO). The petitioner must establish by a preponderance of the evidence that a person poses a significant risk to self or others by having a firearm in her or her custody or control or by possessing, purchasing, or receiving a firearm. The petitioner must submit an affidavit signed under oath and penalty of perjury that sets forth facts to support the issuance of a temporary ERPO and a reasonable basis for believing they exist. The court must hold a temporary ERPO hearing in person or by telephone on the day the petition is filed or on the court day immediately following the day the petition is filed. After issuance of a temporary ERPO, the court must schedule a second hearing no later than 7 days following the issuance to determine whether the issuance of a continuing ERPO is warranted. If a family or household member or a law enforcement officer establishes by clear and convincing evidence that a person poses a significant risk to self or others by having a firearm in his or her custody or control or by possessing, purchasing, or receiving a firearm, the court may issue a continuing ERPO. The ERPO would prohibit the respondent from possessing, controlling, purchasing, or receiving a firearm for 182 days. Upon issuance of the ERPO, the respondent shall surrender all of his or her firearms and his or her concealed carry permit if the respondent has one. The respondent may surrender his or her firearms either to a law enforcement agency or a federally licensed firearms dealer. If a person other than the respondent claims title to any firearms surrendered to law enforcement, the firearm shall be returned to him or her. The respondent can motion the court once during the 182-day ERPO for a hearing to terminate the ERPO. The petitioner has the burden of proof at a termination hearing. The court shall terminate the ERPO if the petitioner does not establish by clear and convincing evidence that the respondent continues to pose a significant risk of causing personal injury to self or others by having in his or her custody or control a firearm or by purchasing, possessing, or receiving a firearm. The party requesting the original ERPO may request an extension of the ERPO before it expires. The requesting party must show by clear and convincing evidence that the respondent continues to pose a significant risk of causing personal injury to self or others by having a firearm in his or her custody or control or by purchasing, possessing, or receiving a firearm. If the ERPO expires or is terminated, all of the respondent's firearms must be returned. The bill requires the state court administrator to develop and prepare standard petitions and ERPO forms. Additionally, the state court administrator at the judicial department's 'State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act' hearing shall provide statistics related to petitions for ERPOs. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
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