The act enacts the softbound volumes of the Colorado Revised Statutes 2019 as the positive and statutory law of the state of Colorado and establishes the effective date of said publication. (Note: This summary applies to this bill as enacted.)
Under existing law, a school district, charter school, or board of cooperative services notifies parents of students enrolled in a school if an employee working in the school or who had contact with students is charged with certain felony offenses relating to violence, drugs, or unlawful sexual behavior. The bill adds the following offenses to the parent notification requirements: Any violation that involves the sale, dispensing, distribution, or transfer to a student of certain controlled substances, marijuana, or marijuana concentrates; and Unlawfully providing any alcohol beverage to a student or contributing to the delinquency of a minor relating to providing any alcohol beverage to a student. The parent notification provision does not apply to school personnel who are in compliance with state law regarding the possession and administration of medical marijuana. The bill requires that schools or school districts that provide parent notification report annually to the department of education the number of times parent notification has taken place, the charges filed against the employee for which notification was required, and the disposition of the charges. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill prohibits a court from issuing a warrant for failing to appear at a scheduled court appearance for 72 hours after the missed appearance. If the defendant presents himself or herself to the court during the 72-hour period, the court shall not issue a warrant. (Note: This summary applies to this bill as introduced.)
The bill increases the general standard for parole eligibility from 50% to 75% of the sentence served for a class 2, class 3, class 4, class 5, or class 6 felony, or a level 1, level 2, level 3, or level 4 drug felony, or any unclassified felony. The bill increases the standard for parole eligibility from 75% to 80% of the sentence served for any person convicted and sentenced for specific convictions and sentences. The bill increases the standard for parole eligibility from 75% to 85% of the sentence served for specific convictions and sentences. The bill extends the right of a victim to be informed of the final disposition of a case to include information, if applicable, regarding the sentence imposed upon the person and information regarding whether the person may be eligible for parole prior to serving the full sentence. (Note: This summary applies to this bill as introduced.)
The bill creates the school transportation grant program (grant program) in the department of education (department) to provide grant awards to public schools or school districts to increase transportation services to students. The state board of education is required to promulgate rules necessary for the implementation of the grant program. The department shall award grants subject to available appropriations. (Note: This summary applies to this bill as introduced.)
Under current law, if a judge decides not to accept specific conditions of a plea agreement, only the defendant is permitted to withdraw from the agreement. The bill allows either the defendant or the prosecution to withdraw from such a plea agreement. (Note: This summary applies to this bill as introduced.)
Under current law, there is a crime of retaliation against a judge if an individual makes a credible threat or commits an act of harassment or an act of harm or injury upon a person or property as retaliation or retribution against a judge. The crime is a class 4 felony. The bill adds elected officials and their families to the crime. (Note: This summary applies to this bill as introduced.)
Public guardianship - commission - office of public guardianship - appropriation. The act removes the condition that the public guardianship commission (commission) and director for the office of public guardianship (office) wait to carry out certain duties until the public guardianship cash fund has received $1,700,000 in gifts, grants, and donations. The act requires the office, upon receiving sufficient funding, to begin operations in the second judicial district prior to operating in any other judicial district. The office's reporting deadlines are extended from 2021 to 2023. The office is required to implement its discontinuation plan if there is no legislation to continue or expand the office prior to adjournment sine die of the 2023 legislative session. The act increases specified court fees and requires the state treasurer to deposit the balance of the increased fees in the office of public guardianship cash fund. For the 2019-20 state fiscal year, $835,386 is appropriated to the judicial department for use by the office of public guardianship. Of this amount, $427,000 is from the general fund and $408,386 is from the office of public guardianship cash fund. (Note: This summary applies to this bill as enacted.) Read More
Juvenile justice reform - committee - membership - duties - juvenile detention working group - additional duties - district attorneys and juvenile probation use of screening tools - appropriation. The act establishes a committee on juvenile justice reform (committee) in the department of public safety (department) and establishes its membership. The act specifies duties of the committee including: By September 1, 2019, adopting a validated risk and needs assessment tool or tools to be used throughout the juvenile justice system; Selecting a mental health screening tool for juvenile offenders; Selecting a validated risk screening tool to be used by district attorneys in determining a juvenile's eligibility for diversion; By July 1, 2020, selecting a vendor to assist in the implementation of and provide training on the tools; and Developing plans for measuring the effectiveness of the tools. Under current law, there is a working group under the division of youth services on detention of juvenile offenders and alternative services to detention. The act adds to the working group's duties that by January 1, 2021 it must: Adopt a research-based detention screening instrument, develop a plan for training on the new instrument, and submit a report on the use of the new instrument; Establish criteria for the alternative services and report on the effectiveness of the alternative services; Adopt a relative information form for parents and guardians to complete; and Develop a system of graduated responses and reward for juvenile parole officers. On and after January 1, 2021, the act requires district attorney's offices to use the risk screening tools and the results of the tools in determining a juvenile's eligibility for diversion and need for services. It specifies grounds that may not be used to deny diversion and directs the division of criminal justice to collect data and report on juvenile diversion programs. The act restricts removing a juvenile from the custody of a parent, unless the detention screening is conducted and specified findings are made, and directs that unless physical restriction is required, custody of the juvenile is given to kin or another person. It limits which juveniles may be placed in detention. In releasing a juvenile from detention, the act requires the juvenile court to use the detention screening instrument. For juvenile probation, the act requires the state court administrator to: By January 1, 2021, develop a statewide system of graduated responses and incentives to change a juvenile's behavior and address violations; and By July 1, 2021, develop statewide standards for juvenile probation supervision and services and provide annual training on the standards. For the 2019-20 state fiscal year, the act appropriates $68,598 from the general fund to the judicial department; $500,000 from the general fund to the department of human services for the division of youth services; and $6,315 from the general fund to the legislative department. (Note: This summary applies to this bill as enacted.) Read More
Criminal record sealing - simplified sealing no conviction - petition for sealing petty offenses through class 3 felonies and level 2 drug felonies - appropriation. The act repeals and reenacts the statutes related to sealing criminal justice records. The act creates a simplified process to seal criminal justice records when: A case against a defendant is completely dismissed because the defendant is acquitted of all counts in the case; The defendant completes a diversion agreement when a criminal case has been filed; or The defendant completes a deferred judgment and sentence and all counts are dismissed. The court seals those records within the criminal case without requiring the defendant to file a separate civil action. The act allows a defendant to petition for sealing criminal justice records when there is a criminal conviction and without requiring the defendant to file a separate civil action as follows: If the offense is a petty offense or a drug petty offense, the motion may be filed one year after the later of the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning a criminal conviction. The court seals the records if the defendant has not been convicted of a criminal offense since the later of the above dates. If the offense is a class 2 or 3 misdemeanor or any drug misdemeanor, the motion may be filed 2 years after the later of the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning a criminal conviction. The district attorney can object to the sealing. If the district attorney does not object and the crime is not a victims' rights act crime, the court seals the case if the defendant has not been convicted of a criminal offense since the later of the above dates. If the district attorney objects or the victim request a hearing, the court makes the determination after a hearing. If the offense is a class 4, 5, or 6 felony, a level 3 or 4 drug felony, or a class 1 misdemeanor, the motion may be filed 3 years after the later of the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning a criminal conviction. The district attorney can object to the sealing. If the district attorney does not object and the crime is not a victims' rights act crime, the court seals the case if the defendant has not been convicted of a criminal offense since the later of the above dates. If the district attorney objects or the victim request a hearing, the court makes the determination after a hearing and considering the district attorney's position. For all other offenses, the petition may be filed 5 years after the later of the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning a criminal conviction. The district attorney can object to the sealing. If the district attorney does not object, the court seals the case if the defendant has not been convicted of a criminal offense since the later of the above dates. If the district attorney objects, the court makes the determination after a hearing and considering the district attorney's position. The act specifies the offenses for which sealing is not eligible including class 1, 2, and 3 felonies and level 1 drug felonies. The act retains the specific record sealing provisions for when no charges are filed and for victims of human trafficking, municipal offenses, and posting intimate photos of a person offenses. The act states a defendant is not required to waive his or her right to file a motion to seal as a condition of a plea agreement. The act appropriates $47,361 to the judicial department from the judicial stabilization cash fund for the trial courts. The act appropriates $443,847 to the department of public safety from the Colorado bureau of investigation identification unit fund for the biometric identification and records unit. (Note: This summary applies to this bill as enacted.) Read More
