Rep. Javier Mabrey

Current law requires the department of corrections (department) to assess a copayment for inmate-initiated visits to providers of medical, dental, mental health, and optometric care services. Current law permits a waiver or reduction of the copayment under a range of circumstances. The department's current administrative regulations assess fees when an inmate fails to attend or refuses a scheduled health-care appointment. The act eliminates the copayment and prohibits the department from assessing a fee when an inmate fails to attend or refuses a health-care appointment. The department is required to report during its 2026 "SMART Act" hearing on the number of times in the previous year that an inmate failed to attend a scheduled health-care appointment or requested an appointment when the request was not relevant to an actual medical condition. The act reduces appropriations to the department by a net of $165,682, which includes an increase of $157,179 appropriated from the general fund and a decrease of $322,861 from cash funds. VETOED by Governor 5/29/2025(Note: This summary applies to this bill as enacted.)

The act requires a landlord who initiates an eviction proceeding for nonpayment of rent against a tenant to comply with certain notice requirements set forth in federal law for tenants who use housing subsidies. Under current law, if a tenant proves as an affirmative defense to an eviction proceeding that the landlord violated the warranty of habitability, the court must order a reduction in the fair rental value of the dwelling unit and order the landlord to reimburse the tenant any difference in rent between the reduced fair rental value and any greater amount of rent that the tenant paid. The act states that the landlord must reimburse this amount regardless of whether part or all of the rent was paid by the tenant or by a housing subsidy issued to the tenant. The act states that a landlord commits an unfair housing practice if the landlord fails to: Make reasonable efforts to timely respond to requests for information and documentation necessary for a rental assistance application process; or Cooperate with a tenant who is applying for rental assistance in good faith. Current law allows a person to pursue relief for damages resulting from a landlord's commission of an unfair housing practice. The act states that, if a court awards damages to a plaintiff who prevails in such an action, and the violation concerns discrimination on the basis of an individual's use of a housing subsidy, the court shall award the plaintiff at least $5,000 in damages. The act also states that a calculation of actual damages must include consideration of losses that a tenant may incur as a result of the tenant forfeiting their housing subsidy as a result of the landlord discriminating against the tenant based on the tenant's source or amount of income. Current law provides that, in addition to relief awarded to a tenant in a private action, the Colorado civil rights commission may order a respondent who has been found to have engaged in an unfair housing practice to pay a civil penalty in an amount that varies based on whether the respondent has previously committed discriminatory housing practices. The act establishes a minimum penalty amount of $5,000 if a person commits any of certain unfair housing violations and the violation concerns discrimination on the basis of an individual's use of a housing subsidy. (Note: This summary applies to this bill as enacted.)

Current law requires a court to vacate any court costs and fees assessed to a juvenile under the jurisdiction of the juvenile court prior to July 6, 2021, however, this requirement repeals on June 30, 2025. The act removes the June 30, 2025 repeal. (Note: This summary applies to this bill as enacted.)

The act allows enrolled members of the Southern Ute Indian Tribe and enrolled members of the Ute Mountain Ute Tribe to enter state parks without having to pay an entrance fee. By June 1, 2026, the division of parks and wildlife (division) in the department of natural resources (department) shall build on existing efforts to conduct outreach to and engagement with the Southern Ute Indian Tribe, the Ute Mountain Ute Tribe, other tribal governments, American Indian communities, and Indigenous communities about opportunities related to state parks that are managed by the division. In January 2026 and January 2027, the department shall include, as part of its presentation during its "SMART Act" hearing, information concerning the division's outreach and engagement about opportunities related to state parks. (Note: This summary applies to this bill as enacted.)

Under current law, a sheriff may allow an individual to choose to stay in jail overnight after release when extenuating circumstances exist. The act makes facilitation of a connection to a service provider an extenuating circumstance. If an individual chooses to remain in jail overnight, the individual must be released by 10 a.m. the next morning. Under current law, to qualify for special needs parole, there is a distinction between inmates who are 55 years of age or older and those who are under 55 years of age. The act changes that distinction. The act makes an inmate eligible for special needs parole if the inmate suffers from a diagnosed severe cognitive impairment or serious impairment that limits the person's ability to function. If the inmate is under 55 years of age, the act provides for special needs parole if the inmate has served at least 25% of the inmate's sentence and is eligible for parole after serving 50% of their sentence including earned time; has served at least 35% of the inmate's sentence and is eligible for parole after serving 75% of their sentence including earned time; has served at least 40% of the inmate's sentence and is eligible for parole after serving 75% of the sentence; or has been diagnosed by a licensed health-care provider as having a terminal illness that is irreversible, unlikely to be cured, and likely to cause death; and has not incurred a class I code of penal discipline violation within the 12 months before the date of the application for special needs parole. An inmate who is 64 years of age or older and has served at least 20 years of their sentence and was not convicted of a class 1 or class 2 felony, unlawful sexual behavior, a crime that includes domestic violence, or stalking is eligible for special needs parole. The act makes a person eligible for special needs parole if the person has a condition such as advanced or metastatic cancer; end-stage renal disease; end-stage chronic obstructive pulmonary disorder; end-stage heart disease; end-stage liver disease; progressive neurodegenerative disease such as Huntington's disease, Parkinson's disease, and amyotrophic lateral sclerosis; intractable seizure disorder; severe dementia; or Alzheimer's disease. The act provides that when a health-care provider who is providing care or recently provided care to the person makes a determination that the person's medical condition meets the standard for special needs parole, then a referral must be made to the parole board. The department of corrections is required to include in each contract with a licensed health-care provider involved in providing inmate care a requirement that the provider screen for eligibility for special needs parole. The act requires legislative council staff to conduct a study of options for releasing aging and seriously ill offenders from secure custody to appropriate care or placing offenders in alternative programs that can better provide the offender's needed medical care. (Note: This summary applies to this bill as enacted.)

The act prohibits the sale or distribution for consideration of an algorithmic device if: The algorithmic device is sold or distributed with the intent that it will be used by 2 or more landlords in the same market or a related market to set or recommend the amount of rent, level of occupancy, or other commercial term associated with the occupancy of a residential premises; and The device sets or recommends the amount of rent, level of occupancy, or other commercial term associated with the occupancy of a residential premises based on data or a formula that is similar for each landlord. The act also prohibits the use of an algorithmic device by a person to set or recommend the amount of rent, level of occupancy, or other commercial term associated with the occupancy of a residential premises if: The person knew or should have known that another person used the algorithmic device to set or recommend the amount of rent, level of occupancy, or other commercial term associated with the occupancy of a residential premises; and The circumstances suggest that the person adhered to or participated in a scheme to fix the amount of rent, level of occupancy, or other commercial term associated with the occupancy of a residential premises. The act also prohibits a person engaged in the business of providing algorithmic device services or products that are used to set or recommend the amount of rent, level of occupancy, or other commercial term associated with the occupancy of a residential premises from using nonpublic competitor data pertaining to residential properties in Colorado in setting or recommending the amount of rent, level of occupancy, or other commercial term associated with the occupancy of a residential premises for residential properties in Colorado. A violation is deemed to be an illegal restraint of trade or commerce and is punishable in accordance with the "Colorado State Antitrust Act of 2023". VETOED by Governor 5/29/2025(Note: This summary applies to this bill as enacted.)

The act requires the state board of education (board) to adopt high school health education standards regarding drug overdose risks, identification of a drug overdose event, and drug overdose prevention and response. The act authorizes the board to seek, accept, and expend gifts, grants, or donations for the purpose of adopting these standards. The board must adopt the standards on or before July 1, 2028, if, the board receives by July 1, 2026, $20,000 from gifts, grants, or donations to adopt the standards. If sufficient money is not received, the board is required to adopt the standards on or before July 1, 2032, pursuant to the general standards schedule. Under current law, a school district, the state charter school institute (institute), or the governing board of a nonpublic school may adopt and implement a policy allowing an employee or agent of the school to furnish an opioid antagonist to any individual, including a student, but only if the student has received appropriate school-sponsored training. The act repeals the required condition that a student must receive appropriate school-sponsored training. The act authorizes a school district, the institute, a public school, or a nonpublic school to seek, accept, and expend gifts, grants, or donations for purposes related to acquiring, maintaining, and providing training for administering opioid antagonists. (Note: This summary applies to this bill as enacted.)

The act allows a health-care provider to, under certain circumstances, adjust the dose or frequency of a chronic maintenance drug without needing prior authorization from an insurance carrier. (Note: This summary applies to this bill as enacted.)

The act creates the American Indian affairs interim committee (committee). The purpose of the committee is to examine issues and challenges that impact American Indian Tribal Nations. The committee consists of 6 voting members of the general assembly who serve for the duration of the committee unless they resign, are removed, or are no longer in office and 2 nonvoting members, one from the Southern Ute Indian Tribe and one from the Ute Mountain Ute Tribe. The act allows the committee to meet up to 6 times and recommend up to 5 bills during each interim, but the committee does not meet or recommend legislation during the 2025 interim. On or before January 15, 2031, the act requires the committee to submit a report to the executive committee of the legislative council summarizing the work of the committee during the preceding 5 years. The committee is repealed, effective June 30, 2031. (Note: This summary applies to this bill as enacted.)

The act requires a property insurer that uses a wildfire risk model, a catastrophe model, or a scoring method to assign risk to: For the purposes of underwriting homeowners and other property insurance policies, adhere to specific requirements to share information with the commissioner of insurance (commissioner) and the public, include specific activities in the models, and provide notices to policyholders; Submit available data concerning the models and scoring method as required by rule of the commissioner to the division of insurance as part of the insurer's rate filings; and Ensure that specific factors are either incorporated in the wildfire risk model, catastrophe model, or combination of models or are otherwise demonstrably included in the insurer's underwriting and pricing. If an insurer does not incorporate property-specific and community-level mitigation actions into its models, the act requires the insurer to provide discounts to policyholders who demonstrate actions taken on the property to reduce the risk of loss. The act requires an insurer to post on its website information regarding premium savings that are available to policyholders who undertake property-specific mitigation actions or provide evidence of community-level mitigation actions and the process for appealing a wildfire risk score. The act requires an insurer that provides a mitigation discount or that uses a wildfire risk model or risk score to underwrite, nonrenew, price, create a rate differential, or surcharge the premium based upon the policyholder's or applicant's wildfire risk to provide an annual written notice to each policyholder or applicant for property insurance of the applicable mitigation discounts, the wildfire risk score, and any other wildfire risk classification used by the insurer to underwrite the policyholder's or applicant's wildfire risk. The insurer is required to provide the wildfire risk score or classification to the policyholder or applicant. The act authorizes the policyholder and applicant to appeal the score or classification directly to the insurer. The act authorizes the commissioner to adopt rules. (Note: This summary applies to this bill as enacted.)