Rep. Leslie Herod

The act removes the following administrative fees, costs, and surcharges in juvenile delinquency cases that a juvenile or a juvenile's parent or legal guardian must pay:Cost of care, other than costs required pursuant to the federal "Social Security Act", for a juvenile sentenced to a placement out of the home or granted probation as a result of an adjudication, deferral of adjudication, or direct filing in or transfer to district court; Costs of prosecution and the amount of the cost of care imposed upon a juvenile who is adjudicated a juvenile delinquent; Fees for applying for court-appointed counsel and costs of the representation when a juvenile's parent, guardian, or legal custodian is determined not to be indigent; Costs and surcharges levied on criminal actions and traffic offenses paid into the court district's crime victim compensation fund and the victims and witnesses assistance and law enforcement fund; Surcharges paid into the sex offender surcharge fund by juveniles adjudicated, or who receive a deferred adjudication, for commission of a sex offense; Cost of the juvenile's medical care in the youthful offender system provided to the minor based on the minor's consent; Cost of collecting and testing biological samples from juveniles sentenced to the youthful offender system; Time payment and late penalty fees assessed when a juvenile does not pay fines, fees, costs, surcharges, or other monetary assessments in criminal cases; The restorative justice surcharge; Costs and surcharges related to impaired driving; and The fee assessed on persons required to perform community or useful public service. A court is prohibited from including fees related to participating in restorative justice practices in a court order.Any outstanding balance of the fees, costs, and surcharges repealed in the act are unenforceable and not collectable. Within 6 months after the effective date of the act, the court is required to vacate the portion of a court order that imposes the costs.The act makes transfers from the marijuana tax cash fund to the restorative justice surcharge fund, the crime victim compensation fund, and the victims assistance and law enforcement fund.(Note: This summary applies to this bill as enacted.)

The act establishes a set of evidence-based definitions to be used when analyzing a program or practice. If a state agency or the office of state planning and budgeting includes an evidence-based evaluation of a program or practice in a budget request or budget amendment, then the state agency or office is required to describe the program or practice using the definitions. In such case, the state agency or office is also required to provide any research that supports the program or practice or a decrease in funding for a program or practice, along with information concerning how the evidence referenced was used in the development of the budget request or budget amendment request.Joint budget committee staff is required to independently analyze and describe the program or practice using the definitions and to include any evidence-based information as part of any recommendation it makes regarding a budget request or budget amendment request. The staff director is required to appoint additional staff as necessary to provide the evidence-based analysis, and upon request, joint budget committee staff shall also assist legislators in incorporating evidence-based assessments in legislation for bills that create a new program or practice.The joint budget committee is required to consider, as one of many factors, any available evidence-based information when determining the appropriate level of funding of a program or practice.(Note: This summary applies to this bill as enacted.)

The act makes changes to the provisions of Senate Bill 20-217, enacted in 2020, (SB 217) to provide clarity and address issues discovered since the passage of that bill. SB 217 used the term "exonerated", but never defined it; the act defines "exonerated" and further clarifies the term "contact".The act clarifies some of the circumstances when a body-worn camera must be operating and provisions related to the release of the footage. The act changes the requirement that body-worn camera recordings be released within 21 days from the date of the complaint of misconduct to within 21 days from the date of the request for the video recording. The act states the sanctions for failing to activate a body-worn camera and the 21-day release requirement will take effect on passage of the act if the officer is wearing a body camera and the other body-camera provisions apply on or after July 1, 2022, if an officer is wearing a body-worn camera, even though the requirement for all officers to wear a body camera does not take effect until July 1, 2023. The act requires $2 million to be appropriated to the body-worn camera for law enforcement officers grant program in fiscal year 2021-22.SB 217 required law enforcement to report certain information related to each contact an officer has with a person beginning January 1, 2023. The act changes the start date of the reporting requirement to April 1, 2022. The act clarifies and adds to some of the information that must be reported.If a peace officer is convicted of, found civilly liable for, or found liable in an administrative proceeding for unlawful use of force or failure to intervene, the officer certification must be revoked if death or serious bodily injury occurred or, if serious bodily injury or death did not occur, then the certification must suspended for at least a year. The act creates a process to allow a peace officer to have a hearing by an administrative law judge to determine whether the peace officer's certification should be suspended or revoked.The act prohibits a peace officer's employer or the employer's agent from discharging; disciplining; demoting; denying a promotion, transfer, or reassign; discriminating against; harassing; or threatening a peace officer's employment because the peace officer disclosed information that shows:A danger to public health or safety; or A violation of law or policy committed by another peace officer. Under current law, there is a civil action that permits suit against employers of local law enforcement officers for misconduct. The act permits the Colorado state patrol to also be sued via that civil action. The act also requires the employer to conduct an investigation of an officer prior to determining if the officer acted in good faith.If a person believes that a law enforcement agency has violated the investigation requirement, the person must submit a complaint to the P.O.S.T. board, which shall refer the complaint to an administrative law judge to determine whether a violation occurred. The administrative law judge shall notify the P.O.S.T. board chair of a finding that a violation occurred. If a violation is found, the P.O.S.T. board shall not provide P.O.S.T. cash fund money to the employer for one full year from the date of the finding.Peace officers are required to intervene to prevent or stop unlawful force by another peace officer; the act clarifies the duty only applies to officers while on duty.The act requires that prior to hiring a new employee, appointing a new employee, or transferring an existing employee to a position requiring P.O.S.T. certification, a law enforcement agency shall determine if the person has a record contained in the P.O.S.T. misconduct database. If the person is listed in the database and the law enforcement agency proceeds to employ the person in a position requiring P.O.S.T. certification, the agency shall notify the P.O.S.T. board of the hire, appointment, or transfer.The act clarifies and adds to some of the information required to be included in the P.O.S.T. board database related to peace officer misconduct. The act requires the P.O.S.T. board to adopt procedures to allow a peace officer to seek review of the officer's status in the database.The act requires a governmental entity that encrypts its radio communications to adopt an encryption policy to provide access to unencrypted radio transmissions for members of the media.The act requires the attorney general to convene a study group to study procedures related to the use of no-knock entry warrants and forced entry. The attorney general shall include the study group's findings in its annual "SMART Act" hearing for the 2022 legislative session.The act requires the division of local government in the department of local affairs to contract with a nationally recognized research and consulting entity that is an expert in data-driven, evidence-based policing that is community-focused for an independent study to assess and provide a report and findings on evidenced-based policing national best practices. The consulting entity shall complete an interim study no later than December 30, 2021, and the final study no later than July 1, 2022. An advisory committee is created to the oversee the study and make legislative recommendations based on the studies.For the 2021-22 state fiscal year, the act appropriates $4,065,016 to the department of public safety, of which $3,101,748 is from the general fund and $963,268 is from the highway users tax fund and provides an additional 13.5 FTE. The act appropriates $582,742 from the risk management fund to the department of law and provides an additional 3.0 FTE. The act appropriates $250,000 from the general fund to the department of local affairs.(Note: This summary applies to this bill as enacted.)

The act repeals the department of revenue's (department) discretionary authority to take administrative action to:Cancel, deny, or deny renewal of a person's driver's license: For unlawful or fraudulent use or conviction of misuse of license, titles, permits, or license plates; Because the person failed to pay a monetary judgment or has an outstanding warrant relating to a traffic violation or a municipal violation committed when the person was under 18 years of age; or Because the person failed to pay a judgment for using public transportation without paying the fare; and Cancel, deny, or deny renewal of a person's driver's license or identification card because the person failed to register all vehicles owned by the person. The act repeals mandatory administrative actions by the department to revoke a person's driver's license or instruction permit following a first conviction for illegal underage possession or consumption of alcohol or marijuana or attempting to obtain alcohol when underage, and only permits revocation upon a second or subsequent conviction when a person has failed to complete an alcohol evaluation or assessment, education program, or treatment program ordered by the court in connection with the conviction. The revocation can run concurrently with another suspension, revocation, cancellation, or denial.The act repeals mandatory administrative actions by the department to:Revoke a person's driver's license or instruction permit because the person was convicted of, or has received a deferred judgment for, aggravated motor vehicle theft or second degree criminal trespass; Deny issuance or renewal of a person's driver's license because the person failed to pay a monetary judgment or has an outstanding warrant relating to a traffic violation or a municipal violation committed when the person was under 18 years of age or the person failed to pay a monetary judgment for using public transportation without paying the fare; or Suspend the driver's license of certain persons following conviction for selling, serving, or otherwise providing alcohol to or for an underage person or permitting or failing to prevent an underage person from using the person's identification to unlawfully purchase alcohol. The act prohibits the department from denying to issue, renew, or reinstate a person's driver's license because the person failed to pay a monetary judgment or has an outstanding warrant relating to a traffic violation or a municipal violation. The person must pay the required fees for issuance or reinstatement of the license.The act imposes a $25 fee to issue or restore a person's license if the person's license was revoked because of a DUI, DUI per se, DWAI, or UDD conviction.The act establishes a study group to examine methods to encourage people who have received a traffic citation and fail to appear in court to contest the citation or to pay any default judgment associated with the citation. The study group must report its findings and recommendations by December 31, 2021.The act makes transfers from the marijuana tax cash fund (cash fund), adds an allowable appropriation from the cash fund, and makes appropriations.(Note: This summary applies to this bill as enacted.)

The act:Requires each carrier offering medical malpractice insurance in the state to provide information regarding the insurer's policies related to labor and delivery services to the department of public health and environment; Repeals language that gives no force or effect to an advanced directive of a person who is pregnant while the person's fetus is viable; Requires annual reporting to the legislature on the use of restraints on a pregnant person within each jail, private contract prison, and correctional facility; Establishes requirements for each facility that incarcerates or has custody of people with the capacity for pregnancy; Requires the Colorado civil rights commission to receive reports from people alleging maternity care that is not organized for, and provided to, a person who is pregnant or in the postpartum period in a manner that is culturally congruent; maintains the person's dignity, privacy, and confidentiality; ensures freedom from harm and mistreatment; and enables informed choices and continuous support; and Requires each health facility that provides services related to labor and childbirth to demonstrate to the department of public health and environment that the health facility has a policy that meets certain requirements. To implement this act:$148,783 is appropriated from the general fund to the department of corrections for use by institutions; and $50,215 is appropriated from the general fund to the department of public health and environment for use by the health facilities and emergency medical services division.(Note: This summary applies to this bill as enacted.)

The act requires:A carrier offering a health benefit plan in the state, and the department of health care policy and financing when administering the "Colorado Medical Assistance Act", to reimburse health-care providers that provide health-care services related to labor and delivery in a manner that: Promotes high-quality, cost-effective, and evidence-based care; Promotes high-value, evidence-based payment models; and Prevents risk in subsequent pregnancies; Each health-care provider licensed by the state who regularly provides health-care services related to labor and delivery to: Be able to identify when to transmit and receive patient information and transfer and receive patients, across the facility's levels of care; and Coordinate with other providers to effectuate services across the facility's levels of care in a way that prevents patients losing access to care; The birth certificate worksheet form to include a place to report where the pregnant person intended to give birth at the onset of the person's labor; The department of public health and environment to engage in a stakeholder process to: Make recommendations to improve the collection and public reporting of maternal health data from various entities; and Study the use of research evidence in policies related to the perinatal period in Colorado; and The department of health care policy and financing, no later than July 1, 2022, to seek an amendment to the state medical assistance plan to provide 12 months of postpartum medical benefits to persons who qualified for benefits while pregnant. To implement the act, the act appropriates:$77,993 from the general fund to the department of health care policy and financing based on the assumption that the department will receive $481,379 in federal funds, and the act reappropriates the anticipated $481,379 of federal funds; and $82,243 from the general fund to the department of public health and environment for use by the prevention services division.(Note: This summary applies to this bill as enacted.)

The act creates in the department of education the menstrual hygiene products accessibility grant program to provide awards to eligible grant recipients in order to provide menstrual hygiene products at no expense to students.For the 2021-22 state fiscal year, $100,000 is appropriated from the general fund to the department of education to implement the act.(Note: This summary applies to this bill as enacted.)

When a peace officer is present at the scene of an emergency, an emergency medical service provider (EMS provider) authorized to administer ketamine in a prehospital setting shall only administer ketamine if the EMS provider has:Weighed the individual to ensure accurate dosage or estimated the individual's weight with the agreement of at least 2 personnel trained in weight assessment if the EMS provider is unable to weigh the individual; Training in the administration of ketamine; Training in advanced airway support; Equipment available to manage respiratory depression; and Equipment available to immediately monitor the vital signs of the individual receiving ketamine and the ability to respond to any adverse reactions. An EMS provider who administers ketamine shall provide urgent transport to the individual receiving ketamine and record any complications arising out of such administration. Absent a justifiable medical emergency, an EMS provider shall not administer ketamine in a prehospital setting to subdue, sedate, or chemically incapacitate an individual for alleged or suspected criminal, delinquent, or suspicious conduct. Any noncompliance by an EMS provider is considered misconduct.The act prohibits a peace officer from using, directing, or unduly influencing the use of ketamine upon another person and from compelling, directing, or unduly influencing an EMS provider to administer ketamine. A peace officer who is also certified as an EMS provider may administer ketamine when the decision is based on the EMS provider's training and expertise.An EMS provider shall confidentially report a peace officer's violation to the peace officers standards and training board (P.O.S.T. board) within 10 days of the occurrence, and a peace officer shall not retaliate in any way against an EMS provider for reporting the incident. Upon receipt of the report, the P.O.S.T. board shall submit the report to the peace officer's employing agency, which shall conduct an internal investigation of the alleged violation and transmit the findings to the P.O.S.T. board. If the findings are substantiated, the peace officer's certification is subject to revocation.A peace officer shall not unduly influence an EMS provider's medical decision or diagnosis, and an EMS provider shall not base its medical decision exclusively on information provided by a peace officer; except that a peace officer may provide critical medical information or any other pertinent information about the individual or the scene of the emergency that may assist the EMS provider's assessment of the need to administer ketamine. When a peace officer directs a person to assist the peace officer, the person is prohibited from administering ketamine.The act requires a peace officer who witnesses another peace officer use ketamine in pursuance of the peace officer's duties to report such use to the P.O.S.T. board. The report must be in writing and made within 10 days of the occurrence of the use of ketamine. Any peace officer who fails to report use of ketamine commits a class 1 misdemeanor. Upon receipt of the report, the P.O.S.T. board shall submit the report to the peace officer's employing agency, which shall conduct an internal investigation of the alleged violation and transmit the findings to the P.O.S.T. board. If the findings are substantiated, the peace officer's certification is subject to revocation.The act requires a peace officer to intervene, without regard for chain of command, to prevent or stop another peace officer from using ketamine in pursuance of the other peace officer's duties. A peace officer who intervenes shall report the intervention to the peace officer's immediate supervisor. A member of a law enforcement agency shall not discipline or retaliate in any way against a peace officer for intervening. Any peace officer who fails to intervene commits a class 1 misdemeanor, and the officer's certification is subject to revocation.The act changes the structure of the emergency medical practice advisory council (advisory council) by adding an anesthesiologist and a clinical psychiatrist. The act requires the advisory council to submit a report to the general assembly any time the advisory council advises or recommends authorizing the administration of any new chemical restraints.Beginning January 1, 2022, and each January 1 thereafter, the department of public health and environment (department) shall submit an annual report on the statewide use of ketamine by EMS providers and any complications that arise out of such use to the general assembly. The department shall make the report available on the department's website.The act appropriates $132,488 to the department of public health and environment for use by the health facilities and emergency medical services division to implement the act.(Note: This summary applies to this bill as enacted.)