Pretrial release - post bond within 2 hours - nominal processing fees - release 4 hours after posting bond - release even if costs or fees need to be paid - plan for bond hearing within 48 hours - application of bond toward fees, costs, fines, restitution, or surcharges. The act creates rights for defendants related to release on bond as follows: Unless extraordinary circumstances exist, a defendant must be allowed to post bond within 2 hours after the sheriff receives the bond information from the court; Unless extraordinary circumstances exist, a defendant cannot be charged more than a $10 bond processing fee and not charged any additional transaction fees including kiosk fees; except that a standard credit card processing fee may be charged when a credit card is used; Unless extraordinary circumstances exist, the custodian of a jail has to release a defendant within 4 hours after the defendant has posted bond and is physically present in the jail; except that, if the defendant needs to be fitted for an electronic monitoring device, then the 4-hour period does not apply; and If a defendant has been granted bond and can meet the terms of the bond, the court shall release the defendant even if the defendant is unable to pay a fee or cost. The act requires the chief judge of each judicial district to develop a plan for setting bond for all in-custody defendants within 48 hours of arrest. In developing the plan, county commissioners, sheriffs, and district attorneys shall provide the chief judge cost estimates of feasibility as well as any potential savings from the proposal, including jail bed costs and savings. No later than November 1, 2019, the state court administrator's office shall report to the judiciary committees of the house of representatives and the senate the plans for all 22 judicial districts, not including the Denver county court. The report must include an estimate of resources necessary to implement a 48-hour requirement. Under current law, a defendant's bond deposit can be applied to court costs, fees, fines, restitution, or surcharges owed by the defendant. The act allows application of the bond if the defendant posted the bond and agrees in writing to allow it to be used for such purposes. The act prohibits that application if the bond was posted by a third party. (Note: This summary applies to this bill as enacted.) Read More
Sponsored bills
Juvenile advisement of rights - accompanying adult's adverse interest - admissibility. Under current law, statements by a juvenile concerning delinquent acts committed by the juvenile are admissible against the juvenile so long as the juvenile is accompanied by one or more specified adults during the advisement of constitutional rights and during the interrogation. A court decision found this to be legally sufficient even if the adult was shown to have an interest adverse to the juvenile. Under the act, if an issue concerning the adult's adverse interest is raised, the prosecution must prove by a preponderance of the evidence that the person conducting the interrogation reasonably believed that the adult did not have an interest adverse to the juvenile and helped safeguard the juvenile's constitutional rights to remain silent or obtain counsel during the interrogation.(Note: This summary applies to this bill as enacted.) Read More
Child custody - Indian child - Align requirements with federal Indian Child Welfare Act. In 2016, the bureau of Indian affairs in the United States department of the interior published updated guidelines for implementing the federal "Indian Child Welfare Act". The act updates the current statute to align the compliance requirements with federal law.(Note: This summary applies to this bill as enacted.) Read More
Licensing of controlled substances act - continuation under sunset law. The act implements the recommendations of the department of regulatory agencies in its sunset review and report on the "Colorado Licensing of Controlled Substances Act" (controlled substances licensing act) by: Continuing the controlled substances licensing act for 7 years and subjecting it to sunset review prior to its repeal on September 1, 2026; Repealing references to research as a regulated activity in the controlled substances licensing act; Requiring the department of human services (department) to develop and implement a formal, simple, accurate, and objective system to track and categorize complaints made against a licensee and disciplinary actions taken pursuant to the controlled substances licensing act; and Directing the department to develop a secure online central registry for licensed opioid treatment programs to submit information to the department. The department is required to develop a policy that separates the administration of the controlled substances licensing act from the performance of its duties relating to approved treatment facilities that receive public funds. (Note: This summary applies to this bill as enacted.) Read More
Wage discrimination based on sex - complaints - civil action - exceptions to prohibitions against wage differentials - prohibited acts of employer - employment announcements required - enforcement - rules. The act removes the authority of the director of the division of labor standards and statistics in the department of labor and employment (director) to enforce wage discrimination complaints based on an employee's sex and instead authorizes the director to create and administer a process to accept and mediate complaints of, and provide legal resources concerning, alleged violations and to promulgate rules for this purpose. An aggrieved person may bring a civil action in district court to pursue remedies specified in the act. The act allows exceptions to the prohibition against a wage differential based on sex if the employer demonstrates that a wage differential is not based on wage rate history and is based upon one or more of the following factors, so long as the employer applies the factors reasonably and they account for the entire wage rate differential: A seniority system; A merit system; A system that measures earnings by quantity or quality of production; The geographic location where the work is performed; Education, training, or experience to the extent that they are reasonably related to the work in question; or Travel, if the travel is a regular and necessary condition of the work performed. The act prohibits an employer from: Seeking the wage rate history of a prospective employee or requiring disclosure of wage rate as a condition of employment; Relying on a prior wage rate to determine a wage rate; Discriminating or retaliating against a prospective employee for failing to disclose the employee's wage rate history; Discharging or retaliating against an employee for actions by an employee asserting the rights established by the act against an employer; or Discharging, disciplining, discriminating against, or otherwise interfering with an employee for inquiring about, disclosing, or discussing the employee's wage rate. The act requires an employer to announce to all employees employment advancement opportunities and job openings and the pay range for the openings. The director is authorized to enforce actions against an employer concerning transparency in pay and employment opportunities, including fines of between $500 and $10,000 per violation. Employers are also required to maintain records of job descriptions and wage rate history for each employee while employed and for 2 years after the employment ends. Failure to maintain these records creates a rebuttable presumption, in a lawsuit alleging wage discrimination based on sex, that the records not maintained contained information favorable to the employee's claim. (Note: This summary applies to this bill as enacted.) Read More
Child welfare - permanency hearing - burden of proof - clarifications. The act repeals and reenacts the provisions related to child welfare permanency hearings to reorganize the statutes and use consistent terminology related to permanency hearings. The act clarifies the burden of proof at permanency hearings. The act includes recent federal law changes.(Note: This summary applies to this bill as enacted.) Read More
Youth services - pilot program - second location - appropriation. There is currently a pilot program to aid in the establishment of a division-wide therapeutic and rehabilitative culture (pilot program) in the division of youth services that operates in one location. The act expands the pilot program to a second location and requires a second evaluation and report on the pilot program. For the 2019-20 state fiscal year, the act appropriates $529,562 from the general fund to operate and evaluate the second location. (Note: This summary applies to this bill as enacted.) Read More
Financial assistance programs - student eligibility - Colorado high school graduates. A student who does not have lawful immigration status who attended high school in Colorado for at least 3 years before graduating from a Colorado high school or before successfully completing a high school equivalency examination, is admitted to a qualifying institution of higher education within 12 months after high school graduation, and has submitted an affidavit stating that the student has applied for lawful presence or will apply as soon as he or she is eligible, is eligible for existing student financial assistance programs offered by the department of higher education to in-state students. Prior to becoming eligible, the student is subject to the same verification requirements for eligibility to participate in the college opportunity fund program.(Note: This summary applies to this bill as enacted.) Read More
The bill directs the Colorado commission on criminal and juvenile justice to study using juvenile justice services and systems for adults 18 through 24 years of age ( young adults). The task force shall: Compile data regarding all criminal filings in the state from the last 3 years that data is available in which a defendant is 18 through 24 years of age; Study the established brain research for young adults, study the data collected, study the potential impacts on the division of youth services and youthful offender system if they also served young adults, and make recommendations to the general assembly regarding appropriate uses of the juvenile justice system for young adults; and Create a report of the collected data and recommendations for the judiciary committees of the house of representatives and senate by June 30, 2020.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) 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