Rep. Jennifer Bacon

Under current law, juveniles who are 10 years of age and older can be prosecuted in juvenile court. The act requires the state department of human services to establish a pre-adolescent services task force to examine gaps in services for juveniles who are 10 years of age or older but under 13 years of age, if any, that would be created if the minimum age of prosecution of juveniles is increased from 10 years of age to 13 years of age, and to make recommendations for addressing any gaps in services identified. The task force shall create a report containing its recommendations made by December 30, 2022, and provide that report to the judiciary committees of the house of representatives and the senate, and to the public and behavioral health and human services committee of the house of representatives and the health and human services committee of the senate, or any successor committees. For the 2022-23 fiscal year, the act appropriates $105,000 from the general fund to the state department of human services for use by the division of child welfare. For the 2022-23 fiscal year, the act appropriates $9,433 from the general fund to the legislative department for use by the general assembly for per diem and travel expenses. (Note: This summary applies to this bill as enacted.)

The act directs the commissioner of education (commissioner), in collaboration with the executive director of the department of higher education (executive director) and the chair of the state work force development council (council chair), to convene the secondary, postsecondary, and work-based learning integration task force (task force) to develop recommendations to support the expansion and alignment of programs that integrate secondary, postsecondary, and work-based learning opportunities throughout the state. The act specifies the membership of the task force, to be selected by the commissioner in collaboration with the executive director and the council chair, and the specific duties of the task force. The task force must prepare an interim report and a final report of its findings and recommendations and submit the reports by December 1, 2022, and December 1, 2023, respectively, to the governor, the education leadership council, the state board of education, the Colorado commission on higher education, and the education committees of the general assembly. The act creates a legislative advisory council to provide advice and comment to the task force. For the 2022-23 state fiscal year, the act appropriates from the general fund $89,123 to the department of education and $1,966 to the legislative department to implement the act. (Note: This summary applies to this bill as enacted.)

The act requires the state treasurer to establish the Colorado household financial recovery pilot program (program) in the department of the treasury to partner with financial institutions to incentivize lending to low-income individuals and households, including households impacted by the COVID-19 pandemic or its negative economic impacts. Money available for the program must be used for one or more of the following purposes: To establish a loan loss reserve to partially offset risk to lenders in making loans to individuals and households impacted by the COVID-19 pandemic; To make payments to lenders to buy down interest rates on loans made to individuals and households impacted by the COVID-19 pandemic; To provide lending capital for affordable, small loans to individuals and households impacted by the COVID-19 pandemic; or To award grants to nonprofit community-based organizations to conduct marketing and outreach to individuals and households impacted by the COVID-19 pandemic who may be eligible to participate in the program. The state treasurer may select one or more community development financial institutions to administer all or a portion of the money available for the program. The administrator or administrators are selected based, in part, on their proposed use of the money, their ability to partner with nonprofit community-based organizations that work with individuals and households impacted by the COVID-19 pandemic, and to connect borrowers to affordable banking products and other financial services. The act specifies program policies, including loan terms, and requires the state treasurer and administrators to establish and publicize additional program policies as necessary. The state treasurer or an administrator may establish a loan loss reserve to partially offset loan losses and thereby incentivize lending by financial institutions to individuals and households impacted by the COVID-19 pandemic. The state treasurer shall determine the amount of the offset and shall establish and publicize policies for participating financial institutions. On or before November 1, 2023, and on or before November 1 each year thereafter, the selected administrators shall report to the governor and to house of representatives business affairs and labor committee and the senate business, labor, and technology committee, or any success committees, concerning the use of program money and other information concerning the program. The act creates the Colorado household financial recovery pilot program fund (fund) and identifies allowable uses of the money in the fund. $5,200,000 is appropriated from the general fund to the fund to implement the pilot program. From this appropriation, $59,142 is reappropriated to the department of law for legal services for the department of the treasury. The appropriation is based on the assumption that the department of law will require an additional 0.3 FTE. (Note: This summary applies to this bill as enacted.)

The act allows an innovation school zone (innovation zone) to use an alternative governance structure by which the school district board of education (local school board) delegates management activities of schools within the innovation zone to another organization and the organization forms a partnership with the local school board. An innovation zone is required to submit information regarding the alternative governance structure in the innovation zone's innovation plan (plan) to the local school board. The act requires that the local school board and an innovation zone with alternative governance as a whole, or a school within the innovation zone with alternative governance, use a dispute resolution process to resolve disagreements regarding the administration of the plan. The act outlines the dispute resolution process. The act requires a local school board to review the level of performance of an innovation zone with alternative governance as a whole, and each school within the innovation zone with alternative governance, at the same time. The act clarifies that when a vote is required and concerns consent for a plan revision in an innovation zone with alternative governance as a whole, or a school within the innovation zone with alternative governance, the vote must occur within 30 days. Within the 30-day time frame or if approval is not secured, the initial plan must remain in effect. If a local school board votes to revoke the status of an innovation zone with alternative governance, or a school within the innovation zone with alternative governance, or to remove a school within the innovation zone with alternative governance from the innovation zone based on insufficient academic progress of the students enrolled in the innovation zone with alternative governance, an innovation zone with alternative governance may submit a written request to the state board of education and commissioner of education to review and comment on the local school board's determination. The act outlines the review and comment process. (Note: This summary applies to this bill as enacted.)

The act creates the ozone season transit grant program (program) in the Colorado energy office (office). The program provides grants to the regional transportation district (RTD) and transit associations in order to provide free transit services for at least 30 days during ozone season. A transit association receiving a grant may use the money to make grants to eligible transit agencies. The eligible transit agencies may use the money to provide at least 30 days of new or expanded free transit services during ozone season. The RTD may use grant money to cover up to 80% of the costs of providing free transit for at least 30 days on all services offered by the RTD during ozone season. Eligible transit agencies and the RTD can use the money to cover lost fare box revenues and to pay for other expenses necessary to implement the program, including expenses associated with an increase in ridership as a result of the program. The RTD and a transportation association receiving a grant are required to report to the office on the services offered and estimates of the change in ridership as a result of the program. The act transfers $28 million from the general fund to a newly-created ozone season transit grant program fund, and the money is continuously appropriated to the office for the program. The office is required to establish policies governing the program and to report to the house and senate transportation committees by December 31 of each year of the program. The program is repealed, effective July 1, 2024. The transit and rail division (division) in the department of transportation is required to create a 3-year pilot project to extend state-run transit services throughout the state with the goals of reducing ground level ozone, increasing ridership, and reducing vehicle miles traveled in the state. The act transfers $30 million from the general fund to the state highway fund for the project. The division is required to annually report to the transportation legislation review committee on the pilot project. The pilot project is repealed, effective July 1, 2026. The act transfers $10 million dollars from the general fund to the state highway fund for use by the transportation development division for the revitalizing main streets program. In spending the money, the division is required to give priority to programs that improve air quality through increased use of transit. The act amends statutes governing testing for commercial driver's licenses to allow a test to be conducted by a driving tester who is under contract with a testing unit or a statewide association working with transit agencies in addition to a driving tester who is employed by a testing unit. As soon as practicable after the effective date of the act, the rules promulgated by the department of revenue must include provisions allowing a testing unit that does not employ a driving tester to be licensed and conduct tests using a driving tester who is under contract with the testing unit or a statewide association working with transit agencies. (Note: This summary applies to this bill as enacted.)

The act requires the director of the division of professions and occupations (director) in the department of regulatory agencies to complete, on or before June 1, 2023, an audit of the regulated professions and occupations and the regulation of various professions and occupations by regulators of a specific profession or occupation (regulator) to determine what barriers exist for licensing, certification, and registration of individuals with criminal history records and, on or before July 1, 2023, to report the findings to the general assembly. The act limits the authority of a regulator to deny a license, certification, or registration based on an applicant's criminal history record on by requiring the hearing and mediation process established in current law. A regulator is required to document the grounds for the denial of the license, certification, or registration in writing to the applicant. The act clarifies that a regulator may grant a conditional license, certification, or registration to an applicant with a criminal history record consistent with the process established in current law. The director is required to compile de-identified information regarding the reasons why a license, certification, or registration was denied and make this information available to the public on the division's website. The act requires state and local agencies responsible for issuing occupational or professional credentials (occupational agency), before making a final determination that an applicant's criminal conviction disqualifies the applicant from receiving a license, certification, permit, or registration, to provide a written notice to the applicant specifying the reason for the disqualification and the right of the applicant to submit additional evidence for the occupational agency to consider before making a final determination. A final determination to disqualify an applicant based on a criminal conviction must be issued in writing and include notice of the applicant's right to appeal the determination and the earliest date on which the applicant may reapply. The act appropriates $11,036 from the division of professions and occupations cash fund to the department of regulatory agencies for use by the division of professions and occupations. (Note: This summary applies to this bill as enacted.)

The act establishes the preventing identity-based violence grant program (grant program) to provide grants for programs that focus on building strong communities and preventing acts of violence that threaten human life or critical infrastructure, venues, or key resources in which actors or groups intentionally target a discernible population of individuals in a manner that poses a threat to homeland security (identity-based violence). A project funded with a grant award must build awareness for the prevention and intervention of identity-based violence within Colorado communities, strengthen local collaboration and capabilities for prevention and intervention of identity-based violence, or build sustainable support for the prevention and intervention of identity-based violence. The act requires the department of public safety (department) to annually evaluate environmental factors that lead to, and challenges to reducing, identity-based violence and permits the department to establish annual priorities for the grant program that address the identified factors and challenges. A project funded with a grant award must not infringe on individual privacy, civil rights, and civil liberties. A grant recipient that is not a law enforcement agency is prohibited from collecting or maintaining intelligence information about an individual or group, association, corporation, business partnership, or other organization. The act requires a law enforcement agency to comply with federal regulations regarding the collection, maintenance, and use of intelligence information learned by the agency though a program funded with a grant award. The office of prevention and security within the department reviews grant applications and awards grants in accordance with department rule. The act requires the general assembly to annually appropriate one million dollars to implement the program. For the 2022-23 state fiscal year, the act appropriates one million dollars from the general fund to the department for the grant program. (Note: This summary applies to this bill as enacted.)

The act establishes the early intervention, deflection, and redirection from the criminal justice system grant program (grant program) in the behavioral health administration (BHA) to provide grants to fund programs and strategies that prevent people with behavioral health needs from becoming involved with the criminal justice system or that redirect individuals in the criminal justice system with behavioral health needs from the system to appropriate services. Local governments, federally recognized Indian tribes, hospitals, health-care providers, and community-based organizations are eligible for a grant; local law enforcement agencies are eligible for a grant only for the purpose of developing or expanding a co-responder community response program. In order to receive a grant, an applicant must offer a monetary contribution or in-kind contributions that directly support the services provided with the grant award. The BHA may waive the monetary or in-kind contribution requirement for applicants requesting a grant of less than $50,000. The BHA administers the grant program in consultation with the department of public safety. The act establishes a review committee to review grant applications and make recommendations to the BHA and department of public safety about which applicants should receive grants and the amount of each grant. After receiving and reviewing recommendations from the review committee and after consultation with the department of public safety, the BHA shall award grants. Each grant recipient must report to the BHA information about the use of the grant. The bill requires the general assembly to appropriate $50.7 million from the behavioral and mental health cash fund to the department of human services for the grant program. The act requires the general assembly to appropriate $3 million from the behavioral and mental health cash fund to the department of corrections (department) to provide medication-assisted treatment to individuals who are placed in the custody of the department. The department shall use the money for upgrades necessary to store medications at department facilities, for providing continuity of care for inmates with a substance use disorder between institutional settings and community-based treatment, and for facilitating long-term treatment and recovery of individuals upon release. The act requires the general assembly to appropriate $4 million from the behavioral and mental health cash fund to the judicial department for allocation to district attorneys for pretrial diversion programs. The judicial department is required to allocate $1.8 million of the money to recipients that provide diversion for individuals with behavioral health disorders. A district attorney who receives funding for a pretrial diversion program is required report the number of people screened for and referred to behavioral health treatment. The act creates the behavioral health information and data sharing program to award grants to counties to integrate the county jails' data systems with the Colorado integrated criminal justice information system. The division of criminal justice (division) within the department of public safety administers the program. The division is required to collaborate with the office of information technology to oversee the implementation of data-sharing systems or software necessary to exchange information with the Colorado integrated criminal justice information system. The act requires the general assembly to appropriate $3.5 million from the behavioral and mental health cash fund for the program. The act requires the state department of health care policy and financing (HCPF) to evaluate and determine whether the state should seek additional federal authority to provide screening, brief intervention, and care coordination services through the medical assistance program to persons immediately prior to release from jail or a department of corrections facility and to improve processes for determining and redetermining individuals for medical assistance eligibility. If HCPF determines that the state should request federal authority, HCPF must make the request and, if the requested federal authority is granted, provide the benefits. If HCPF determines that the state should not request federal authority, HCPF must submit a report to the joint budget committee of the general assembly that includes an alternate plan to ensure continuity of care for individuals being released from jail or prison. The act requires HCPF to determine whether federal authority is necessary to provide benefit coverage under the medical assistance program to people who are on work release from jail. The act requires each county jail to report quarterly about the number of inmates whose medicaid is suspended while incarcerated and the number of incarcerated inmates who are enrolled in, or whose medicaid is reinstated, prior to release. The act requires a county jail to provide medicaid enrollment or re-enrollment paperwork to a person who is incarcerated in the jail and is eligible for medicaid benefits when the person enters the county jail. The act requires an administrator of a community corrections program to partner with a county department of human or social services to facilitate enrolling each offender participating in the program into medicaid. The act makes the following appropriations from the behavioral and mental health cash fund: $50.7 million to the department of human services for use by the BHA for the grant program; $4 million to the judicial department for adult district attorney pretrial diversion programs; $3.5 million to the department of public safety for behavioral health information and data sharing grants, of which, $1,760,709 is reappropriated to the office of information technology; and $3 million to the department of corrections for its mental health subprogram. The act appropriates $81,164 from the general fund to the department of health care policy and financing. (Note: This summary applies to this bill as enacted.)

The act expands the statutory list of state laws for which the attorney general may bring civil and criminal enforcement actions to include various statutory provisions relating to housing. The act also creates the fair housing unit within the department of law. When there is reason to believe that there is a potential violation of law that risks harm to a consumer, public health, or public safety, that is based on a substantiated complaint, the act permits the attorney general to investigate any person or organization that is otherwise subject to the attorney general's existing statutory authority. A complaint is not necessary if the information is provided by an agency of the federal, state, or a local government that regulates or provides protections for consumers, tenants, and mobile home residents. The attorney general may direct or subpoena any person whose testimony may be required about potential violations of law and may direct or subpoena the person to produce records the attorney general considers relevant to the inquiry. Nothing in the act impacts or affects banking examinations and regulations promulgated by primary federal and state banking authorities, notwithstanding the attorney general's existing legal authority. When the attorney general has reasonable cause to believe that any person, whether in this state or elsewhere, has engaged in or is engaging in a violation of certain housing-related statutes, the attorney general may take various steps, enumerated in the act, to investigate the possible violation. The act specifies requirements concerning the venue in which enforcement actions may be brought, the issuance of subpoenas and the production of documents, admissibility of testimony, remedies for failure to cooperate or to obey a subpoena, injunctive authority and assurances of discontinuances, penalties, and the limitations period governing the filing of an action alleging violations of housing-related statutes. (Note: This summary applies to this bill as enacted.)

Under current law, a qualified student who is selected to participate in the accelerating students through concurrent enrollment (ASCENT) program by the department of education (department) may enroll in postsecondary courses and be included in the pupil enrollment of a school district, board of cooperative services, or charter school (local education provider) for funding during the year following the student's fourth year of high school. The number of students who are selected to participate in the ASCENT program is limited each year through the budget process. The bill removes the limit on the number of program participants and allows each qualified student selected by the enrolling local education provider to participate in the program. The bill reduces the number of postsecondary credits a qualified student must have completed to be eligible to participate in the ASCENT program. The bill directs the department to distribute to each local education provider for each ASCENT program participant an amount equal to 3% of the per-pupil extended high school funding amount to pay for non-tuition expenses the qualified student incurs in participating in the postsecondary courses. Under existing law, a qualified student who fails to complete a concurrent enrollment course must repay the local education provider for the amount of tuition, and a local education provider may require a qualified student to repay the tuition amount if the qualified student earns a failing grade for a concurrent enrollment course. The bill repeals these provisions. (Note: This summary applies to this bill as introduced.)