The bill creates the healthy school meals for all program (program) in the department of education (department) to reimburse school food authorities for free meals provided to students who are not eligible for free or reduced-price meals under the federal school meals programs. The program begins operating in the 2023-24 budget year, subject to the state being selected to participate in the federal demonstration project to use medicaid eligibility to identify students who are eligible for the federal school meals programs (demonstration project). A school food authority that chooses to participate in the program (participating school food authority) must: Provide free meals to all students enrolled in the public schools that the participating school food authority serves; Provide to the department annual notice of participation; and Maximize the amount of federal reimbursement by participating in the federal community eligibility provision to identify students who are eligible for the federal school meals programs. The amount of reimbursement distributed pursuant to the program is equal to the federal free reimbursement rate multiplied by the total number of meals served, minus any other federal or state reimbursement the school food authority receives for providing meals. The bill requires the department to: Participate in the federal community eligibility provision for the state as a whole, if that option is available; and Apply to participate in the demonstration project. Under the bill, a participating school food authority that creates a parent and student committee to advise on food purchasing (advisory committee) is eligible to receive a local food purchasing grant (grant) to purchase Colorado grown, raised, or processed products for school meals. Each eligible participating school food authority must comply with reporting requirements. The bill establishes the amount of the grants, limits on how the grant money may be spent, and the required membership of the advisory committee. The department must annually review a sample of the invoices for purchases made using grant money to ensure compliance with purchasing requirements. Under the bill, a participating school food authority may receive an additional amount to increase the wages for individuals employed to prepare and serve food. The bill creates the local school food purchasing technical assistance and education grant program (grant program), under which a statewide nonprofit organization distributes grants to promote the purchase of Colorado grown, raised, or processed products by participating school food authorities and to assist participating school food authorities in preparing meals using basic ingredients rather than processed products. The nonprofit organization must report annually to the department concerning implementation of the grant program. The department must submit to committees of the general assembly a biennial report concerning implementation of the program. The department must contract with an independent auditor to conduct a biennial financial and performance audit of the program. The report and the audit must include implementation of the program, implementation of the local food purchasing grants, use of the additional amount for increasing wages, and implementation of the grant program. The bill directs the general assembly to appropriate annually, by line item in the annual appropriation bill, the amount necessary to implement the program, including a specified amount for the grant program. (Note: This summary applies to this bill as introduced.)
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Colorado's statutory homestead exemption exempts a portion of a homestead from seizure to satisfy a debt, contract, or civil obligation. Section 2 increases the amount of the homestead exemption: From $75,000 to $250,000 if the homestead is occupied as a home by an owner of the home or an owner's family; and From $105,000 to $350,000 if the homestead is occupied as a home by an owner who is elderly or disabled, an owner's spouse who is elderly or disabled, or an owner's dependent who is elderly or disabled. Section 3 expands the meaning of "homestead" to expressly include a "dwelling", and section 4 defines a dwelling as conventional housing and personal property that is actually used as a residence, including any vehicle, trailer, vessel, camper coach, mounted equipment, railway car, shipping or cargo container, shed, yurt, or tiny home. Under current law, the proceeds from a homestead exemption or, if a homestead property is sold by the owner, the proceeds from the sale are exempt from execution or attachment for a period of 2 years if the person entitled to the exemption keeps the exempted proceeds separate and apart from other money. Section 5 expands this period to 3 years and extends the exemption to apply to proceeds from insurance covering destruction of homestead property, which proceeds are held for use in restoring or replacing the homestead property. Section 6 increases the maximum amounts of existing exemptions from levy and sale under a writ of attachment or execution for certain types of property and creates new exemptions for: Firearms and hunting and fishing equipment; Economic impact payments; Health savings accounts; and Money placed into a life expectancy set-aside account or similar reserve fund, escrow, or impound account, which money is derived from reverse mortgage proceeds that are designated for specific uses. Section 6 also recreates and decreases an exemption for money in depository accounts. Sections 6, 7, and 8 remove a requirement that a person must deposit child support payments in an account designated for the child and, with regard to child support payments and unemployment benefits, not commingle funds in order to claim an exemption for child support payments or an exemption for unemployment benefits. (Note: This summary applies to this bill as enacted.)
The act implements the recommendation of the department of regulatory agencies' sunset review and report concerning the committee on juvenile justice reform by repealing the committee. The act requires the committee to complete all its tasks before the repeal of the committee on December 31, 2022. (Note: This summary applies to this bill as enacted.)
The act requires the division of criminal justice within the department of public safety (department) to annually report to the general assembly during the department's "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearings any significant data, including trends over time, regarding missing person cases in Colorado. The report must include specific information about missing person cases involving women from minority communities, which includes women from African-American, Black, Asian-American, Pacific Islander, Indigenous and tribal, Hispanic, Latino, and transgender communities, and information about missing person cases involving persons 50 years of age or older. The act requires any law enforcement agency to accept a missing person report submitted in person if the missing person is a Colorado resident or was last believed to be in Colorado. The act requires law enforcement agencies to accept a missing person report by telephone or other electronic media if accepting the report by those means is consistent with the agency's policies or practices. The act adds circumstances in which a law enforcement agency is not required to accept a missing person report. The act requires a law enforcement agency that receives a report of a missing adult to, within 8 hours after receiving the report, enter relevant information into the Colorado crime information center (CCIC) database and, as appropriate, contact other law enforcement agencies that may assist in locating the missing person. In the case of a reported missing child, a law enforcement agency must, within 2 hours after receiving the report, notify the Colorado bureau of investigation and enter any relevant information into the CCIC database. (Note: This summary applies to this bill as enacted.)
The act creates the educator pay raise fund (fund), which consists of money that the general assembly may appropriate or transfer to the fund. The creation of the fund is conditioned on passage of a ballot measure by November 2027 that increases state tax revenue and requires the revenue to be deposited into the fund. The department of education (department) must distribute any money appropriated from the fund to assist school districts, charter schools, and boards of cooperative services in increasing teacher salaries and the hourly wage paid to other employees.The act creates the educator pay raise fund task force (task force) to recommend a process by which the department will disburse money from the fund to school districts and charter schools. The act specifies considerations that the process must address, including requiring that a school district or charter school must at least maintain the level of funding it provides for educator salaries and wages from revenue other than money received from the fund. The president of the senate and the speaker of the house of representatives must appoint the task force members who represent specific constituencies listed in the act. The task force must submit its recommendations to the education committees of the general assembly by January 15, 2022.(Note: This summary applies to this bill as enacted.)
The act makes changes to the provisions of Senate Bill 20-217, enacted in 2020, (SB 217) to provide clarity and address issues discovered since the passage of that bill. SB 217 used the term "exonerated", but never defined it; the act defines "exonerated" and further clarifies the term "contact".The act clarifies some of the circumstances when a body-worn camera must be operating and provisions related to the release of the footage. The act changes the requirement that body-worn camera recordings be released within 21 days from the date of the complaint of misconduct to within 21 days from the date of the request for the video recording. The act states the sanctions for failing to activate a body-worn camera and the 21-day release requirement will take effect on passage of the act if the officer is wearing a body camera and the other body-camera provisions apply on or after July 1, 2022, if an officer is wearing a body-worn camera, even though the requirement for all officers to wear a body camera does not take effect until July 1, 2023. The act requires $2 million to be appropriated to the body-worn camera for law enforcement officers grant program in fiscal year 2021-22.SB 217 required law enforcement to report certain information related to each contact an officer has with a person beginning January 1, 2023. The act changes the start date of the reporting requirement to April 1, 2022. The act clarifies and adds to some of the information that must be reported.If a peace officer is convicted of, found civilly liable for, or found liable in an administrative proceeding for unlawful use of force or failure to intervene, the officer certification must be revoked if death or serious bodily injury occurred or, if serious bodily injury or death did not occur, then the certification must suspended for at least a year. The act creates a process to allow a peace officer to have a hearing by an administrative law judge to determine whether the peace officer's certification should be suspended or revoked.The act prohibits a peace officer's employer or the employer's agent from discharging; disciplining; demoting; denying a promotion, transfer, or reassign; discriminating against; harassing; or threatening a peace officer's employment because the peace officer disclosed information that shows:A danger to public health or safety; or A violation of law or policy committed by another peace officer. Under current law, there is a civil action that permits suit against employers of local law enforcement officers for misconduct. The act permits the Colorado state patrol to also be sued via that civil action. The act also requires the employer to conduct an investigation of an officer prior to determining if the officer acted in good faith.If a person believes that a law enforcement agency has violated the investigation requirement, the person must submit a complaint to the P.O.S.T. board, which shall refer the complaint to an administrative law judge to determine whether a violation occurred. The administrative law judge shall notify the P.O.S.T. board chair of a finding that a violation occurred. If a violation is found, the P.O.S.T. board shall not provide P.O.S.T. cash fund money to the employer for one full year from the date of the finding.Peace officers are required to intervene to prevent or stop unlawful force by another peace officer; the act clarifies the duty only applies to officers while on duty.The act requires that prior to hiring a new employee, appointing a new employee, or transferring an existing employee to a position requiring P.O.S.T. certification, a law enforcement agency shall determine if the person has a record contained in the P.O.S.T. misconduct database. If the person is listed in the database and the law enforcement agency proceeds to employ the person in a position requiring P.O.S.T. certification, the agency shall notify the P.O.S.T. board of the hire, appointment, or transfer.The act clarifies and adds to some of the information required to be included in the P.O.S.T. board database related to peace officer misconduct. The act requires the P.O.S.T. board to adopt procedures to allow a peace officer to seek review of the officer's status in the database.The act requires a governmental entity that encrypts its radio communications to adopt an encryption policy to provide access to unencrypted radio transmissions for members of the media.The act requires the attorney general to convene a study group to study procedures related to the use of no-knock entry warrants and forced entry. The attorney general shall include the study group's findings in its annual "SMART Act" hearing for the 2022 legislative session.The act requires the division of local government in the department of local affairs to contract with a nationally recognized research and consulting entity that is an expert in data-driven, evidence-based policing that is community-focused for an independent study to assess and provide a report and findings on evidenced-based policing national best practices. The consulting entity shall complete an interim study no later than December 30, 2021, and the final study no later than July 1, 2022. An advisory committee is created to the oversee the study and make legislative recommendations based on the studies.For the 2021-22 state fiscal year, the act appropriates $4,065,016 to the department of public safety, of which $3,101,748 is from the general fund and $963,268 is from the highway users tax fund and provides an additional 13.5 FTE. The act appropriates $582,742 from the risk management fund to the department of law and provides an additional 3.0 FTE. The act appropriates $250,000 from the general fund to the department of local affairs.(Note: This summary applies to this bill as enacted.)
The act creates the diaper distribution program (program) in the department of human services (department) to provide diapering essentials to eligible individuals. The department shall solicit interest and cost distribution proposals from diaper distribution centers to administer the program for not more than twelve months after which the department shall commence a selection process that complies with the state procurement code. Diapering essentials must be made available to all parents, guardians, or family members of a child who wears diapers and resides in Colorado.The act allows the department to contract with a third party vendor to solicit, vet, award, and monitor food pantry assistance grants.The act appropriates $2,000,000 from the general fund to the department of human services for use by the office of self sufficiency to implement the diaper distribution program and $5,000,000 from the economic recovery and relief cash fund to the department of human services for use by the office of self sufficiency for the food pantry assistance grant program.(Note: This summary applies to this bill as enacted.)
The department of corrections operates a specialized program for offenders who are serving a prison sentence for a felony offense committed while the offender was a juvenile as a result of criminal charges filed by direct file or transfer proceedings. The act would expand program eligibility to adults serving a sentence for a felony that was committed when the person was under 21 years of age. The act requires the court, when it sentences a person under 21 years of age, to make a statement that it is possible the defendant could serve a portion of the sentence in the specialized program.The act appropriates $118,976 from the general fund and provides 1.4 FTE to the department of corrections to implement the act.(Note: This summary applies to this bill as enacted.)
The act reforms the sentencing provisions related to misdemeanors and petty offenses. Under current law, there are 3 classifications for misdemeanors and 2 classifications for petty offenses. The act reduces the misdemeanor classifications to 2 and reduces the petty offenses to one classification and adds a new classification of civil infraction. A class 1 misdemeanor is punishable by up to 364 days in jail or a fine of up to $1,000 or both, and a class 2 misdemeanor is punishable by up to 120 days in jail or a fine of up to $750 or both. A petty offense is punishable by up to 10 days in jail or a fine of up to $300 or both. A civil infraction is punishable by a fine of up to $100.The act reclassifies various criminal offenses within the new classification system for misdemeanors, petty offenses, and civil infractions. The act changes the elements of some crimes to align with the new sentencing classifications. The act creates procedural rules for prosecution of the new civil infractions. The act updates the alternate sentencing options for misdemeanors and petty offenses. The act creates standard time credits for jail sentences.The act appropriates $95,340 to the department of revenue for use by the division of motor vehicles. $35,940 of the appropriation is from the general fund and $59,400 of the appropriation is from the licensing services cash fund.(Note: This summary applies to this bill as enacted.)
The act requires a court to hold a bond setting hearing within 48 hours after an arrestee's arrival at a jail or holding center beginning on April 1, 2022.Under current law, a person is allowed to post bond within 2 hours after the sheriff receives the bond information. The act repeals that requirement. The act states a bond may be paid at a minimum by cash, money order, or cashier's check, and a judge, judicial officer, or bond hearing officer shall not require a monetary bond be paid in the defendant's name. Unless extraordinary circumstances exist, the custodian of a jail shall release a defendant who is granted a personal recognizance bond no later than 6 hours after the defendant is back in jail, and in cases when cash bond is set, the defendant shall be released no later than 6 hours after bond is set, after the defendant is physically present in the jail, and after the defendant or surety notifies the jail that the defendant or surety is prepared to post bond. If the custodian fails to release the defendant within 6 hours after the bond has been set, the custodian shall inform the defendant and any person posting bond on behalf of the defendant the reason for the delay and shall document the reason for delay in the defendant's file. The act requires that after a bond has been paid, the defendant and surety, if any, receive a copy of the bond paperwork, a notice of rights related to bonding, and information regarding the defendant's next court date. The act requires each jurisdiction to establish a way to pay bond online by January 1, 2022. The act states that a bond is posted when the surety or defendant pays the bond as evidenced by the time stamp on the bond or bond receipt.Each sheriff shall post a notice of rights related to bonding on the sheriff's website, including information about how to file a complaint for violations. The sheriff shall include the notice in the inmate handbook and must provide the notice free of charge to anyone requesting a copy. The sheriff shall post a notice that contains the bonding information in the common area of the jail in a location clearly visible to the inmates and clearly visible in the public portion of the jail where a person posts bond.By October 1, 2021, each sheriff shall:Create written policies to comply with statutory bonding requirements; Review and update the sheriff's website, signage, paperwork, and forms related to bonding to reflect current law; and File a certificate of compliance with the statutory bonding provisions with the division of criminal justice in the department of public safety. The act provides that each defendant has a right to be represented by an attorney at a bond hearing and the prosecution has the right to be present at a bond hearing.The act creates the position of a bond hearing officer, who is a magistrate, to conduct bond hearings on weekends and holidays throughout the state using audiovisual technology. The bond hearing officer conducts bond hearings throughout the state in the counties that request the service of the bond hearing officer. The public will be able to view the hearings. For each case heard by the bond hearing officer, the arresting jurisdiction shall electronically transmit the arrest report, pretrial services information, and all other relevant information to the bond hearing officer prior to the hearing. The act creates the district attorney assistance for bond hearing grant program to assist smaller district attorneys' offices in covering the costs associated with the bond hearing officer hearings. The act appropriates $150,000 for the grant program.For the 2021-22 state fiscal year, the act appropriates $412,816 from the general fund and the judicial department information technology cash fund to the judicial department to implement the act. The act appropriates $67,136 from the general fund to the state public defender to implement the act. The act appropriates $19,500 from the general fund to the division of criminal justice in the department of public safety to implement the act.(Note: This summary applies to this bill as enacted.)