Rep. Jennifer Bacon

The act defines "harassment or discrimination" as unwelcome physical or verbal conduct or any written, pictorial, or visual communication by a student or employee that is directed at a student or group of students because of that student's or group's membership in, or perceived membership in, a protected class. The conduct or communication need not be severe or pervasive under specified circumstances. Whether conduct constitutes harassment or discrimination is judged under the totality of the circumstances. The act requires a public school that enrolls students in any of grades kindergarten through 12 (public school) to accept formal reports of harassment or discrimination in writing or in person; by phone, e-mail, or online form. A report received by a public school that alleges harassment or discrimination is confidential. The act requires a public school to: Post notices describing how a student can report harassment or discrimination to the school; Grant an excused absence to a student for certain out-of-school appointments related to the student experiencing harassment or discrimination; and Provide accommodations and supportive measures to a student experiencing harassment or discrimination. Each school district, charter school, or board of cooperative services (local education provider) shall adopt procedures for investigating reports of harassment or discrimination. A local education provider shall retain the records of a harassment or discrimination report for 7 years. Each local education provider shall adopt a written policy (policy) that protects students experiencing harassment or discrimination. The policy must include the following: Information on reporting options for students, including contact information for the person designated to receive reports; An explanation of the school's role in responding to reports of harassment or discrimination; Information about resources for victims of violence; A prohibition on a school using a student report of harassment or discrimination or information learned during an investigation as the basis for, or a consideration in, investigating or exacting any disciplinary response for specified school violations by the student related to the harassment or discrimination; and Information about available accommodations and supportive measures. A public school shall make the policy available annually to students, students' parents and legal guardians, and employees. The act requires a public school to provide training to school staff about harassment and discrimination, including training about the school's policy. Each new employee of a public school must complete training upon hiring, and every 3 years thereafter. Public schools of a school district must report information about harassment or discrimination to school districts, who report that information to the department of education (department). An institute charter school reports the information to the state charter school institute, who reports the information to the department. The department reports the information to the sexual misconduct advisory committee in the department of higher education. A complaint of harassment or discrimination that is unsubstantiated, and all records related to the unsubstantiated complaint, is not a public record subject to disclosure pursuant to the "Colorado Open Records Act" and must not serve as a basis for discipline, dismissal, termination, or any employment reference or licensing action unless the conduct establishes of pattern of the same or similar behavior. The act exempts from the existing school attendance requirement excused absences for a therapy, medical, legal, or victim services appointment, or for behavioral or mental health concerns, related to harassment or discrimination. APPROVED by Governor June 6, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

The act implements the recommendations of the department of regulatory agencies' sunset review and report on the sex offender management board (board) by: Continuing the board for 5 years, until September 1, 2028; Clarifying that supervising officers are required to follow guidelines and standards and directing agencies that employ supervising officers to collaborate with the board to hold accountable those who fail to do so; Repealing the limitation on the number of treatment providers (providers) given to offenders when choosing a provider, and requiring that the supervising agency of each adult sex offender and juvenile who has committed a sexual offense (offender) shall provide the offender with a complete list of approved providers who have the expertise to work with the specific risks and needs of that particular offender. If the offender is a person with an intellectual and developmental disability, the supervising agency shall make a recommendation to a provider approved by the board to work with that population. Requiring standards compliance reviews on at least 10% of providers every 2 years; Updating language concerning fingerprints to reflect current practice; and Relieving the department of regulatory agencies of its responsibility to publish a list, together with the board, of approved providers. In addition to the recommendations made by the department of regulatory agencies in its sunset review and report, the act: Updates and clarifies the definitions for "adult sex offender", "juvenile who has committed a sexual offense", and "sex offender"; Requires each presentence report prepared regarding an offender contain the results of an evaluation for treatment and risk, procedures for monitoring behavior for the protection of victims and potential victims, and an identification developed pursuant to statute; Ensures that, to the extent possible, treatment options for an offender are responsive to the age and developmental status of the offender at the time of treatment, as well as the linguistic, cultural, religious, and racial characteristics; sexual orientation; gender identity; and gender expression of the offender being treated; Requires the board, in collaboration with the state board of parole, to revise the specific sex offender release guideline instrument, on or before December 1, 2023, for those inmates classified as sex offenders with determinate sentences. The revised release guideline instrument must incorporate the concepts of risk-need-responsivity or another evidence-based correction model and be as flexible as possible to ensure that the offender has timely access to necessary programs. Requires the department of corrections (department) to identify all inmates who are classified to undergo treatment, eligible to receive treatment, and have not been provided with the opportunity to receive such treatment while incarcerated. For each such inmate, the department is required to report specified individual data to the board on or before July 31, 2023. Further requires the department to report to the board aggregate data on the identified offender population on or before July 31, 2023; Creates a subcommittee of the board with representative stakeholders to: Study and develop solutions to address treatment resources for offenders who are incarcerated or in the custody of the department; Analyze data and identify barriers faced by the department in providing timely access to treatment to offenders; Make recommendations for eliminating those barriers; Review and consider revisions to the department's policies and regulations to prevent unnecessary backlog in making treatment accessible to inmates who require treatment to meet parole eligibility requirements; Review parole guidelines for offenders with determinate sentences and make revisions to prevent unnecessary backlog in treatment to meet parole eligibility requirements; and Determine how to increase the number and availability of approved providers and other resources for offenders. Clarifies that placements and treatment options for juvenile offenders must reflect the complex needs of the juveniles served and that the division of youth services is responsible for working with juvenile offenders; Allows the department to employ or contract with an individual or entity to provide sex-offender-specific evaluation, treatment, or polygraph services if the director of the program is a board-approved provider and conforms with the guidelines and standards established by the board; and Specifies the qualifications that providers must have and when the department may terminate a contract with a provider. For the 2023-24 state fiscal year, $163,946 is appropriated from the general fund to the department of public safety for use by the division of criminal justice for sex offender supervision. An additional $43,122 is appropriated from the general fund to the judicial department for general courts administration. APPROVED by Governor June 5, 2023 EFFECTIVE June 5, 2023 (Note: This summary applies to this bill as enacted.)

Current law authorizes the director of the division of labor standards and statistics in the department of labor and employment (director) to create and administer a process to accept and mediate wage complaints, to provide legal resources concerning alleged wage inequity, and to promulgate rules as necessary for this purpose. The act changes these authorizations to requirements and further requires the director to create and administer a complaint mediation process by July 1, 2024. Additionally, the act requires the director to: Investigate complaints or other leads concerning employer violations of wage inequity; Upon finding a violation, order compliance and relief; and Promulgate rules to enforce the act. The act also requires an employer to: For each job opportunity, follow specific guidelines for posting the opportunity and provide specific information to employees regarding the compensation, benefits, and date that the application window is anticipated to close; and Make reasonable efforts to make known information regarding the candidate who is selected for the job opportunity. For positions with career progression, the act requires an employer to disclose and make available to all eligible employees the requirements for the career progression. $412,438 is appropriated from the general fund to implement the act. Of that sum, $292,590 is appropriated to the department of labor and employment and $119,848 is appropriated to the department of personnel. APPROVED by Governor June 5, 2023 EFFECTIVE January 1, 2024 NOTE: This act was passed without a safety clause.(Note: This summary applies to this bill as enacted.)

The act requires the department of corrections (department) to contract with a third-party organization to assign an employee of the organization (program developer) to develop and study strategies for implementing a pre-release and reentry program (program) at the Sterling correctional facility (facility). The program must be designed in consultation with the facility's residents and provide program participants with resources to support their rehabilitation and to reduce recidivism. The act requires the department to allow the program developer to work in the facility with residents. The program must provide participants with training in skilled or professional trades and other employment-focused activities, education in skills beneficial to a participant following release from confinement, and mental and behavioral health counseling sessions. The program developer is required to report, on or before December 31, 2023, to the house of representatives judiciary committee, the senate judiciary committee, and the department, about the development of the program. The act requires the department to begin operating the program at the facility no later than September 1, 2024. The act appropriates $100,000 from the general fund to the department for contract services related to the program. APPROVED by Governor June 2, 2023 EFFECTIVE June 2, 2023 (Note: This summary applies to this bill as enacted.)

In determining bond or an alternative sentence for a pregnant or postpartum defendant (defendant), the act creates a rebuttable presumption against detention and incarceration of a defendant if the defendant provides the court and district attorney with notice of the defendant's status as a pregnant or postpartum defendant at each applicable stage of the court proceedings. If the court decides to detain or incarcerate the defendant, the act requires the court to make specific findings on the record that the risk to public safety, or any other factor the court is required to consider, is substantial enough to outweigh the risks related to incarceration. Notwithstanding the provisions of the act, a court shall not: Set bond or release the pregnant or postpartum defendant on bond if the pregnant or postpartum defendant is ineligible for bond; Accept an agreement or impose an alternative sentence if the pregnant or postpartum defendant is ineligible for a diversion program, deferred judgment, probationary sentence, or another form of alternative sentence; or Apply the rebuttable presumption if a pregnant or postpartum defendant was convicted of a crime of violence. If a defendant is arrested or in custody at a county jail or correctional facility, the defendant may request a pregnancy test following admission to the county jail or correctional facility. Staff at the county jail or correctional facility shall provide a pregnancy test to the defendant within 24 hours after the request. Requesting the test, taking the test, and results of the test are confidential medical information and must not be disclosed, except when the defendant receives medical care. The act allows a court to consider the following forms of alternative sentencing for a defendant: A diversion; A deferred judgment and sentence; or A stay of execution (stay). If the defendant is convicted of a new crime or violates substantive conditions imposed by a court while a stay is imposed, the court may add conditions, issue warrants, end the stay, or continue the stay. The act applies to pregnant or postpartum juveniles (juvenile). In determining commitment, bond, or an alternative sentence for a juvenile, the act creates a rebuttable presumption against detention and commitment if the juvenile provides the court and district attorney with notice of the juvenile's status as a pregnant or postpartum juvenile at each applicable stage of the court proceedings. If the court decides to detain or commit the juvenile, the act requires the court to make specific findings on the record that the risk to public safety, or any other factor the court is required to consider, is substantial enough to outweigh the risks related to detention or commitment. The act allows the following forms of alternative sentencing for a juvenile: A diversion; A deferred judgment and sentence; or A stay. Notwithstanding the provisions of the act, a court shall not: Set bond or release the pregnant or postpartum juvenile on bond if the pregnant or postpartum juvenile is ineligible for bond; Accept an agreement or impose an alternative sentence if the pregnant or postpartum juvenile is ineligible for a diversion program, deferred judgment, probationary sentence, or another form of alternative sentence; or Apply the rebuttable presumption if a pregnant or postpartum juvenile was convicted of a crime of violence. Current law requires a court to admit in a criminal proceeding information that is reported by mandatory reporters related to a defendant's substance use discovered in the course of medical care related to pregnancy. The act eliminates the requirement. APPROVED by Governor May 23, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

The act makes any statement or admission obtained during a juvenile custodial interrogation by a law enforcement official or agent who knowingly communicated any untruthful information or belief to the juvenile to be presumptively inadmissible against the juvenile at trial, unless the prosecution, in an evidentiary hearing prior to trial, proves by a preponderance of the evidence and based on the totality of the circumstances that the statement or admission was made voluntarily, despite the untruthful information or belief used to obtain the statement or admission or that the law enforcement official agent in good faith reasonably believed the information or belief was true at the time it was used. In assessing the totality of the circumstances, the court shall consider all evidence presented concerning the juvenile's vulnerability to any untruthful information or belief used during the custodial interrogation. The act requires law enforcement officials or agents to electronically record all juvenile custodial interrogations. Law enforcement agencies are encouraged to adopt and follow national model policies that are included in P.O.S.T. rules concerning law-enforcement-conducted interrogations involving a juvenile. The act directs the P.O.S.T. board to develop a live, virtual, training program for peace officers on the enforcement of laws related to custodial interrogation of juveniles to ensure uniform interpretation of the law. The state shall cover any local law enforcement agency costs associated with the training. For the 2023-24 state fiscal year, $37,500 is appropriated to the department of law from the P.O.S.T. board cash fund for peace officers standards and training board support. APPROVED by Governor May 18, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

Under current law, various fees imposed on motor carriers are either specified in statute or set administratively by the public utilities commission (commission). The act removes the statutorily set fees and instead authorizes the commission to set the motor carrier fees administratively. The act also requires, on and after January 1, 2024, that the commission establish transportation network company permit fees administratively. The commission is required to notify transportation network companies of an increase in the fees at least 30 days before the increased fees take effect. The commission may adopt rules establishing different tiers of permit fees for distinct types of transportation network companies based on the commission's consideration of market factors. If the commission adopts different tiers of permit fees, the commission is required to publish the criteria that the commission used to establish the different tiers on its website. APPROVED by Governor May 18, 2023 EFFECTIVE May 18, 2023 (Note: This summary applies to this bill as enacted.)

The act requires that, for a statement made during a custodial interrogation to be admissible against the defendant in a criminal proceeding, the defendant must be advised of the following prior to making the statement: You have the right to remain silent; Anything you say can and will be used against you in a court of law; You have the right to consult a lawyer prior to questioning and have the lawyer present during questioning; If you cannot afford to hire a lawyer, a lawyer will be appointed to represent you before any questioning if you request one; and You can stop the interview and request to remain silent or request a lawyer at any time before or during questioning. APPROVED by Governor May 15, 2023 EFFECTIVE July 1, 2023 (Note: This summary applies to this bill as enacted.)

The bill requires a delivery network company (DNC) or a transportation network company (TNC) operating in the state to provide various disclosures to their drivers and to consumers of the DNC or TNC regarding payments that a consumer makes to the DNC or TNC and the amount that the DNC or TNC then pays to a driver. The bill also requires transparency with regard to the procedures that govern a determination by a DNC or TNC to terminate a driver from, or rehire a driver on, the DNC's or TNC's digital platform and authorizes a driver who has been terminated to seek administrative review of the termination. The division of labor standards and statistics (division) in the department of labor and employment may impose fines against DNCs and TNCs for violations of the bill or require a DNC or TNC to rehire a wrongly terminated driver, and a consumer or driver aggrieved by a violation may file a civil suit against the DNC or TNC that committed the violation. The director of the division is required to adopt rules regarding the disclosures related to payments made to drivers and driver termination and rehire policies. (Note: This summary applies to this bill as introduced.)

The act repeals and reenacts the statutory article related to extreme risk protection orders. Under current law a family or household member and a law enforcement officer or agency can petition for an extreme risk protection order. The act expands the list of who can petition for an extreme risk protection order to include licensed medical care providers, licensed mental health-care providers, licensed educators, and district attorneys. The act requires the office of gun violence prevention to expend funds annually on a public education campaign regarding the availability of, and the process for requesting, an extreme risk protection order. The act appropriates: $140,462 from the general fund to judicial department to implement the act; and $238,846 from the general fund to the department of public safety. APPROVED by Governor April 28, 2023 EFFECTIVE April 28, 2023 (Note: This summary applies to this bill as enacted.)