Protective services - access to records - clarifies disclosure of report to at-risk adult. House Bill 19-1063, concerning the ability to share information between county adult protective services with county child protective services as well as at-risk adults obtaining their own information, allowed an at-risk adult to access a report of the mistreatment or self-neglect of an at-risk adult (report) without a court order, but the act did not specify that only the individual who is the subject of the report may access the report. This act clarifies that a court order is not required when a report of the mistreatment or self-neglect of an at-risk adult is disclosed to the at-risk adult who is the subject of the report.(Note: This summary applies to this bill as enacted.) Read More
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Appliances and plumbing fixtures - water and energy efficiency standards for new products sold in Colorado - phase-in of requirements - list of products covered - rule-making authority - enforcement. The act updates and adopts standards for water efficiency and energy efficiency that apply to a list of consumer and commercial appliances and other products. The standards are based on state standards, federal Energy Star and WaterSense specifications, and industry standards in most cases or, where a standard is not incorporated by reference, the standard is specified by statute. The standards apply to new products sold in Colorado and are phased in over a period of 3 years, with general service lamps covered beginning in 2020, air compressors and portable air conditioners covered beginning in 2022, and all other listed products covered beginning in 2021. The act also keeps in place the water efficiency standards on certain products that were added to the Colorado statutes in 2014. The sale of a noncomplying product after the effective date of the applicable standard is punishable through a civil enforcement action by the attorney general, with penalties of up to $2,000 per violation or, in the case of the sale of a noncomplying product to an elderly person, $10,000 per violation. The executive director of the department of public health and environment is directed to collect and publish the standards that are incorporated by reference. The executive director is also authorized, but not required, to adopt rules incorporating more recent versions of standards or test methods in order to maintain or improve consistency with other state or federal agency standards, subject to a one-year grace period between adoption and enforcement of any new or amended standards. (Note: This summary applies to this bill as enacted.) Read More
Commissions on judicial performance - senior judges - vacancies - surveys. Currently, senior judges are evaluated by the state commission on judicial performance (state commission). The act repeals this provision and makes conforming amendments. Under current law, for a vacancy on a state or district commission on judicial performance, if the appointing authority does not appoint a replacement within 45 days after the vacancy arises, the governor appoints a replacement member of the commission. The act changes this from the governor to the state commission. The act provides that surveys of justices and judges are to be distributed primarily through electronic means and directs the state commission to make efforts to locate electronic addresses for persons who use the courts. For rules of the state commission, the act clarifies that they may provide for a matrix or scorecard to evaluate a judge or justice and repeals the requirement that the rules contain a threshold for deciding whether a judge or justice meets a performance standard. (Note: This summary applies to this bill as enacted.) Read More
Procurement - construction bidding for public projects - apprenticeship utilization requirements - prevailing wage requirements. The general contractor for a public project that does not receive federal money, including an integrated project delivery contract, in the amount of $1 million or more, is required to submit, at the time the mechanical, electrical, or plumbing subcontractor is put under contract, documentation to the contracting agency that: Identifies the contractors or subcontractors that will be used for specified aspects of the public project; and Certifies that all firms identified participate in apprenticeship programs registered with the United states department of labor's employment and training administration or state apprenticeship councils recognized by the United States department of labor and have a proven record of graduating apprentices at specified rates. The contracting agency is required to make the documentation available to the public on its website. After evaluating submitted bids, a contracting agency may waive the apprenticeship utilization requirements if there is substantial evidence that there were no responsive, eligible subcontractors available to fulfil the mechanical, electrical, or plumbing portions of the contract. A contracting agency is required make public all waivers and the specific rationale for granting the waiver. An apprenticeship program that does not satisfy the specified apprenticeship program requirements may petition the department of labor and employment for conditional approval under specified circumstances. The apprenticeship utilization requirements do not apply to the department of transportation. Any contractor who is awarded a contract for a public project, including an integrated project delivery contract, by an agency of government for $500,000 or more, and any subcontractors working on the public project, are required to pay their employees a prevailing wage at weekly intervals and are required to comply with prevailing wage enforcement provisions. This requirement does not apply to contracts that include federal money and does not apply to the department of transportation; except that the department of transportation is required to pay employees performing work on public projects, regardless of the amount of funding source of the project, in accordance with the federal "Davis-Bacon Act". Before awarding a contract for a public project, an agency of government is required to obtain the general prevailing rate of the regular, holiday, and overtime wages paid and the general prevailing payments on behalf of employees to lawful welfare, pension, vacation, apprentice training, and education funds in the state (wages) for each employee needed to execute the contract for the public project. An agency of government is required to specify in the competitive solicitation for a public project and in the contract for such public project the general prevailing rate of the wages paid in the geographic locality for each employee needed to execute the contract. The contract is also required to include other specified information regarding the payment of wages. If the contractor or subcontractor fails to pay wages as are required by the contract, the contracting agency of government is not allowed to approve a warrant or demand for payment to the contractor until the contractor provides evidence that the wages have been paid. The executive director of the department of personnel is required to determine the applicable prevailing wage for public projects and is required to use appropriate wage determinations issued by the United States department of labor in accordance with the federal "Davis-Bacon Act" to establish the prevailing wage rates for the applicable trades or occupation for the geographic locality of the public project. Each contractor awarded a contract for a public project and each subcontractor who performs work on the public project is required to post in conspicuous places on the job site posters that contain the current prevailing rate of wages to execute the contract and the rights and remedies of any employee for nonpayment of any wages earned. The executive director of the department of personnel is required to provide the posters to contractors and subcontractors. The executive director of the department of personnel is required to establish a separate apprenticeship contribution rate under the prevailing wage requirements. Enforcement provisions, overseen by the department of labor and employment, are implemented for violations of the prevailing wage requirements. An employee or former employee of a contractor or subcontractor is allowed to bring a civil action for a violation of the prevailing wage requirements. (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
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
State court administrator - court reminder program - appropriation. The state court administrator must administer a court reminder program (program) in district courts, county courts, and municipal courts that use the judicial department's case management system. The program must remind criminal defendants and juveniles who are alleged to have committed a delinquent act to appear at their scheduled hearings and provide reminders about unplanned court closures. The judicial department is required to include information about the program in its annual report to the general assembly. A court that participates in the program and a person who serves a juvenile or the juvenile's parent with a summons or a written promise to appear in court must notify criminal defendants and juveniles and the juveniles' parents of the opportunity to provide a mobile telephone number that will be used by the court solely to provide text message reminders for future court dates and unplanned court closures. A summons that is issued in lieu of a warrant must advise the person summonsed that he or she may provide a phone number to receive such reminders. A phone number collected for the express purpose of administering the program must be kept separate from other identifying information and must only be used to achieve the objectives of the program. For the 2018-19 state fiscal year, $203,612 is appropriated to the judicial department from the general fund for information technology infrastructure. (Note: This summary applies to this bill as enacted.) Read More
Restitution - interest - accrual - lower to 8% - appropriation. The act provides that interest on an order of restitution does not accrue while the defendant is: Serving a sentence in a correctional facility within the state operated by or under contract with the department of corrections; or In a juvenile case and under 21 years of age. The act also lowers the interest rate on certain restitution amounts from 12% to 8% as of January 1, 2020. For the 2019-20 state fiscal year, the act appropriates $220,480 from the judicial collection enhancement cash fund to the judicial department to implement the act. (Note: This summary applies to this bill as enacted.) Read More
Juvenile record expungement - clarifications - expunge diversion without filing a case - when expungement is triggered - class 2 and 3 misdemeanor sex offenses expungement - decide continued sex offender registration with expungement - who receives notice of expungement - municipal expungement. The act makes changes and clarifications to the juvenile record expungement provisions. The act clarifies which dismissals and alternative dispositions are eligible for automatic expungement. The act allows expungement of a diversion record without filing a case and allows a victim an opportunity to object. The act clarifies when a sentence is complete, which triggers the expungement process. Under current law, a class 1 misdemeanor sex offense can be expunged. The act allows class 2 and class 3 misdemeanor sex offenses to be expunged. The act requires the juvenile court to determine whether a juvenile who has his or her record expunged for a sex offense should have a continuing duty to register as a sex offender. The act clarifies to whom the notice of expungement needs to be sent so that only the agencies with the records receive the notice. The act makes clear that juvenile record expungement applies in municipal court by creating a new section for municipal court expungement. (Note: This summary applies to this bill as enacted.) Read More