State prisons - bed shortages - CSP II - input from prison population interim committee. Under current law, the Centennial south campus of the Centennial correctional facility (CSP II) is not available to house inmates. The act allows CSP II to be used to house inmates when the state male prison vacant bed rate, excluding RTP treatment beds, remains below one percent vacancy for 2 consecutive months. Once the prison population surpasses one percent vacancy, the department of corrections (department) shall transfer any inmates housed in CSP II to an appropriate facility under the department's control within 30 calendar days. No more than 126 inmates may be housed at CSP II. The department shall report the use of CSP II to the joint budget committee and the judiciary committees of the senate and the house of representatives, or any successor committees, within 5 calendar days after the use and will make monthly reports during its use. The act requires the department to consider input from the prison population management interim committee regarding: Strategies to safely reduce the prison population and reduce recidivism; and Prison use analysis. These provisions repeal September 1, 2020. (Note: This summary applies to this bill as enacted.) Read More
Sponsored bills
Immigration - refugee services. The act codifies the existing Colorado refugee services program (program) that is administered by the state department of human services (department) pursuant to a 1994 executive order. The act establishes the program in the department and designates the department as the agency responsible for the development, review, and administration of Colorado's refugee services plan (state plan). The program must be administered in accordance with the state plan and must include certain services and assistance for refugees in accordance with the state plan and the federal "Immigration and Nationality Act". The program may provide additional services and assistance to support refugee resettlement and integration. The general assembly is permitted to appropriate money to the department for the administration of the program.(Note: This summary applies to this bill as enacted.) Read More
Prison population management - file review - technical violations revoke parole - parolee intensive treatment program - full board approval circumstance - reentry services if not released on parole - table parole review - appropriation. Under current law, there are prison population measures that can be used when the vacancy rate drops below 2%. The act changes the rate to 3% and adds a new measure. The new measure allows the department to submit a list of inmates who meet a specified eligibility criteria, have a favorable parole plan, and have been assessed to be less than high risk to the parole board for a file review. For technical parole violations related to possession of a deadly weapon, refusing or failing to comply with the requirements of sex offender treatment, absconding or willful failure to appear, unlawful contact with a victim, or willful tampering or removal of an electronic monitoring device, the act allows the parole board to revoke parole and place the inmate back in prison for up to the remainder of the inmate's parole. The act allows the parole board to place a parolee who needs treatment and is amenable to treatment in a parolee intensive treatment program operated by the department in a level I security facility or equivalent facility. If an inmate meets criteria and has an approved parole plan, has been assessed low or very low risk, and parole guidelines recommend release, the parole board may deny parole only by a majority vote of the full board. The act provides an inmate released from prison without supervision the right to access reentry services for up to one year from the date of discharge. The act requires the parole board to table a parole release decision if it finds the inmate's parole plan is inadequate and to require a new parole plan within 30 days. The act appropriates $25,200 from the general fund to the department of corrections for information technology services. (Note: This summary applies to this bill as enacted.) Read More
Individuals serving a sentence of parole - eligibility to register and vote - meaning of full term of imprisonment - appropriation. Existing law prohibits a person serving a sentence of parole from being eligible to register to vote or to vote in any election. The act declares that the purposes of parole are served by restoring the vote to persons serving a sentence of parole. The act clarifies that, for purposes of the "Uniform Election Code" and for applying state constitutional provisions governing disenfranchisement during imprisonment, persons sentenced to parole have completed their "full term of imprisonment" as that term appears in the state constitution. Accordingly, the act makes an individual serving a sentence of parole eligible to register to vote and to vote in any election. The division of adult parole is required to provide an individual sentenced to parole information regarding the individual's voting rights, how the individual may register to vote and cast a ballot, and how the individual may obtain voter information materials. The act repeals existing statutory provisions permitting a person on parole to preregister to vote so that the person is automatically registered to vote after being released from parole. For the 2019-20 state fiscal year, the act appropriates $16,960 to the department of state for use by the information technology division. (Note: This summary applies to this bill as enacted.) Read More
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
Controlled substances - possession offenses - sentencing - substance use and mental health treatment - appropriation. The act makes possession of 4 grams or less of a controlled substance listed in schedule I or II a level 1 drug misdemeanor; except that possession of any amount of gamma hydroxybutyrate or a fourth or subsequent offense for possession of 4 grams or less of a schedule I or II controlled substance or any amount of a schedule III, IV, or V controlled substance is a level 4 drug felony. The act makes possession of more than 6 ounces of marijuana or more than 3 ounces of marijuana concentrate a level 1 drug misdemeanor and possession of 3 ounces or less of marijuana concentrate a level 2 drug misdemeanor. The act clarifies that a person may not be arrested for the petty offense of possession of not more than 2 ounces of marijuana. A court may issue a warrant for arrest of a person who fails to appear in court as required by a summons for that possession offense. A court is permitted to suspend a sentence to complete useful public service pursuant to the "Uniform Controlled Substances Act of 2013" when the sentence interferes with treatment or other probation requirements imposed by the court. A court is not required to sentence a person to complete useful public service if the person receives diversion or a deferred sentence. Only those convicted of a felony drug offense must submit to the fingerprinting and photographing requirements of the "Uniform Controlled Substances Act of 2013". Persons convicted of the level 1 drug misdemeanors related to unlawful possession of a controlled substance and possession of marijuana or marijuana concentrate may be punished by a sentence of up to 180 days in the county jail or 2 years probation, with up to 180 days in jail as a condition of, or for a violation of, probation. For a third or subsequent offense, a person may be sentenced to up to 364 days in jail. In addition to any other sentence, the person convicted is subject to a maximum $1,000 fine. Persons convicted of the level 2 drug misdemeanors related to unlawful use of a controlled substance, possession of marijuana or marijuana concentrate, unlawful use or possession of certain synthetic controlled substances, or abusing toxic vapors may be punished by a sentence of up to 120 days in the county jail or one year probation, with up to 120 days in jail as a condition of, or for a violation of, probation. For a third or subsequent offense, a person may be sentenced to up to 180 days in jail. In addition to any other sentence, the person convicted is subject to a maximum $500 fine. The community substance use and mental health services grant program is established in the department of local affairs to provide grants to counties that provide substance use or mental health treatment services to, facilitate diversion programs for, or develop other strategies to reduce jail and prison bed use by, persons who come into contact with the criminal justice system. A county is eligible to receive a grant if it provides such treatment services and programs in collaboration with public health agencies, law enforcement agencies, and community-based organizations. For the 2019-20 state fiscal year, $123,139 is appropriated from the general fund to the judicial department for probation programs to implement the act. (Note: This summary applies to this bill as enacted.) Read More
State institutions of higher education - application for admission - criminal or educational disciplinary history inquiry. A state institution of higher education (institution) is prohibited from inquiring, prior to admission, about an applicant's criminal history or disciplinary history at an elementary, secondary, or postsecondary institution (disciplinary history); except that the institution may inquire into the following: An applicant's prior convictions or disciplinary history for stalking, sexual assault, and domestic violence; An applicant's convictions within 5 years before submitting the application for assault, kidnapping, voluntary manslaughter, or murder; and Any pending criminal charges against the applicant. An institution that accepts a form of application that may be used to apply to other institutions is prohibited from considering any criminal or disciplinary history information provided on that application that the institution is prohibited from inquiring into on its own application. An institution that accepts a form of application that is designed by a national application service, tailored for admission to a specific degree program, and used in other states may consider criminal history information provided on that application. An institution's review of an otherwise qualified applicant's disclosed criminal history or disciplinary history must be made in a reasonable amount of time. The institution shall provide an appeals process for an otherwise qualified applicant denied admission based on the applicant's criminal or disciplinary history. An institution is required to post its policies regarding inquiries into an applicant's criminal and disciplinary history on its website and file such policies with the Colorado commission on higher education (commission). An institution shall notify the commission at least 30 days before making any changes to such policies. An institution is permitted to inquire into an admitted student's criminal history when obtaining information pertaining to participation in campus life or student housing. (Note: This summary applies to this bill as enacted.) Read More
Hiring practices - limitations on criminal history inquiries - exceptions - enforcement - appropriation. Effective September 1, 2019, for employers with 11 or more employees, and effective September 1, 2021, for all employers, employers are prohibited from: Advertising that a person with a criminal history may not apply for a position; Placing a statement in an employment application that a person with a criminal history may not apply for a position; or Inquiring about an applicant's criminal history on an initial application. An employer may obtain a job applicant's publicly available criminal background report at any time. An employer is exempt from the restrictions on advertising and initial employment applications when: The law prohibits a person who has a particular criminal history from being employed in a particular job; The employer is participating in a program to encourage employment of people with criminal histories; or The employer is required by law to conduct a criminal history record check for the particular position. The department of labor and employment (department) is charged with enforcing the requirements of the act and may issue warnings and orders of compliance for violations and, for second or subsequent violations, impose civil penalties. A violation of the restrictions does not create a private cause of action, and the act does not create a protected class under employment anti-discrimination laws. The department is directed to adopt rules regarding procedures for handling complaints against employers. The department is appropriated $38,113 from the employment support fund and 0.6 FTE to implement the act. (Note: This summary applies to this bill as enacted.) Read More
Demographic notes on bills - process for requesting - content of notes - appropriation. Beginning with the 2020 legislative session, the staff of the legislative council are required to prepare demographic notes on legislative bills in each regular session of the general assembly. The speaker of the house of representatives, the minority leader of the house of representatives, the president of the senate, and the minority leader of the senate are authorized to request 5 demographic notes each, or more at the discretion of the director of research of the legislative council. When a member of leadership requests a demographic note, the staff of the legislative council must meet with the requesting member and the sponsor of the bill to discuss whether a demographic note can practically be completed for that bill. If not, the member of leadership may request a demographic note on a different bill, within the limits specified in the act. A demographic note is defined as a note that uses available data to outline the potential effects of a legislative measure on disparities within the state. Disparities means the difference in economic, employment, health, education, or public safety outcomes between the state population as a whole and subgroups of the population defined by relevant characteristics for which data are available, including race, ethnicity, sex, gender identity, sexual orientation, disability, and geography. The director of research of the legislative council must develop the procedures for requesting, completing, and updating the demographic notes and memorialize the procedures in a letter to the executive committee of the legislative council. The director may seek and expend gifts, grants, or donations to pay for training for staff. $89,474 is appropriated to the legislative department for use by the legislative council staff for the implementation of the act. (Note: This summary applies to this bill as enacted.) Read More
Access to behavioral health supports for high-risk families - pregnant and parenting women - high-risk families cash fund - child care services and substance use disorder treatment pilot program - regional mobile child care model - appropriation. The act amends existing programs that provide access to substance use disorder treatment to pregnant and parenting women up to one year postpartum. The act creates child care pilot programs for parenting women engaged in substance use disorder treatment. The act: Encourages health care practitioners and county departments of human or social services to identify pregnant women and parenting women for a needs assessment to determine needed services; Authorizes the state department of human services (state department) to use state money to provide residential substance use disorder treatment to pregnant and parenting women until such time as those services are covered under the state program of medical assistance and authorized under federal law; Creates the high-risk families cash fund (cash fund) in the office of behavioral health in the state department to increase capacity for and provide services to high-risk parents, including pregnant and parenting women, and for services for high-risk children and youth with behavioral health disorders. The state treasurer shall transfer unencumbered money in the cash fund to certain programs listed in the act. Creates the child care services and substance use disorder treatment pilot program (pilot program) as a two-generation initiative in the state department, and awards pilot program grants to enhance existing child care resource and referral programs and increase child care navigation capacity to serve pregnant and parenting women seeking or participating in substance use disorder treatment; Awards pilot program grants to enhance the capacity of the existing child care resource and referral program's centralized call center to serve pregnant and parenting women with a substance use disorder; Awards pilot program grants to pilot a regional mobile child care model to serve young children of parenting women in substance use disorder treatment; Requires an annual appropriation of $500,000 for 3 fiscal years for the pilot program, and requires annual reporting to the general assembly concerning the pilot program. Any money not expended for the pilot program will be transferred to the high-risk families cash fund. Prohibits the admission into evidence in criminal proceedings information relating to substance use during pregnancy, with certain exceptions, that is obtained as part of providing postpartum care for up to one year postpartum or disclosed while women are seeking or participating in behavioral health treatment. For the 2019-20 state fiscal year, the bill appropriates $500,000 from the general fund to the department of human services, office of early childhood, to implement the child care services and substance use disorder treatment pilot program. (Note: This summary applies to this bill as enacted.) Read More