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
Sponsored bills
Mobile Home Park Act - enforcement powers of local governments - added protections for mobile home owners - dispute resolution and enforcement program - powers of division of housing. The act provides protections for mobile home owners by: Granting counties and municipalities the power to enact certain ordinances for mobile home parks; Extending the time period between the notice of nonpayment of rent and the termination of any tenancy or other estate at will or lease in a mobile home park; and Extending the time a mobile home owner has to vacate a mobile home park after a court enters an eviction order. The act also creates the "Mobile Home Park Act Dispute Resolution and Enforcement Program" (program). The program authorizes the division of housing in the department of local affairs to: Register mobile home parks; Collect a registration fee from mobile home parks; Collect and annually report upon data related to disputes and violations of the "Mobile Home Park Act"; Produce and distribute educational materials concerning the Mobile Home Park Act and the program; Create and maintain a database of mobile home parks; Create and maintain a database to manage the program; and Take complaints, conduct investigations, make determinations, impose penalties, and participate in administrative dispute resolutions when there are alleged violations of the Mobile Home Park Act. For the 2019-20 state fiscal year, $22,073 is appropriated from cash funds received by the department of local affairs to the department of law and $130,065 is appropriated from cash funds received by the department of local affairs to the office of the governor for use by the office of information technology. (Note: This summary applies to this bill as enacted.) Read More
Legal investment of public funds - definitions. The act defines a nationally recognized statistical rating organization as a credit rating agency that is registered with the U.S. securities and exchange commission's office of credit ratings and defines a negotiable certificate of deposit as an unsecured noncollateralized obligation of a bank to pay the holder of a negotiable certificate of deposit specified principal, plus interest, upon a particular maturity. The act also modifies statutes governing the legal investments of public funds as follows: Modifies and standardizes the credit rating requirements for securities invested in by public entities; Requires money market funds invested in by public funds to have an investment policy or objective that seeks to maintain a stable net asset value of one dollar per share; Requires rating requirements to first apply to the security being purchased by a public entity and, if there is no such rating, to then apply to the issuer; Clarifies that negotiable certificates of deposit are a legal investment and not deposits subject to the limitation of the "Public Deposit Protection Act"; Includes the secured overnight financing rate, the federal funds rate, or other reference rates that are similar to the United States dollar London interbank offer rate, the secured overnight financing rate, and the federal funds rate as permissible reference rates; and Allows public entities to invest in local government investment pools.(Note: This summary applies to this bill as enacted.) Read More
Estate planning documents - abandoned documents - preservation. The act creates the "Colorado Electronic Preservation of Abandoned Estate Planning Documents Act", which provides a procedure for determining whether an original will document (original document) is abandoned and, if so, the process for creating an electronic estate planning document (electronic document) of the abandoned original document, filing the electronic document with the state court administrator within the judicial department, and destruction of the original document. A will document includes, but is not limited to, wills, codicils, documents purporting to be wills, and other testamentary documents. The state court administrator is permitted to enter into an interagency agreement with another state agency to maintain electronic documents. The act establishes a process for the state court administrator to provide access to electronic documents and sets requirements for the storage and deletion of electronic documents. (Note: This summary applies to this bill as enacted.) Read More
Residential mental health facility - pilot program - appropriation. The act creates a new 3-year mental health facility pilot program to provide residential care, treatment, and services to persons with either a mental health diagnosis or a physical health diagnosis. It contains requirements for applicants and directs the department of public health and environment (department) to select one or 2 applicants for the pilot program. The act appropriates $30,370 to the department for use by the health facilities and emergency medical services division. (Note: This summary applies to this bill as enacted.) Read More
Competency to proceed - timing - services - reports - tracking system - placement guidelines - training - immunity - appropriations. When a defendant's competency to proceed is raised, the act: Changes the timing of various matters; Clarifies where restoration services are to be provided; Expands the requirements for a competency evaluation report; and Clarifies when defendants are to be released following an evaluation or restoration services. The act requires the department of human services to: Develop an electronic system to track the status of defendants for whom competency to proceed has been raised; Convene a group of experts to create a placement guideline for use in determining where restoration services should be provided; and Partner with an institution of higher education to develop and provide training in competency evaluations. On and after January 1, 2020, except for certain certified or certification-eligible evaluators, competency evaluators are required to have attended training. District attorneys, public defenders, and alternate defense counsel are also to receive training on competency to proceed. The act also provides that a competency evaluator is not liable for damages in any civil action for failure to warn or protect a specific person or persons against the violent behavior of a defendant being evaluated. The act appropriates $10,983,000 from the general fund to pay for fines, liquidated damages, costs, attorney fees, and special master compensation due to a consent decree agreed to by the state. It also appropriates additional money from the general fund and from reappropriated funds to the department of human services and the judicial department to implement the act. (Note: This summary applies to this bill as enacted.) Read More
Youth services - pilot program - second location - appropriation. There is currently a pilot program to aid in the establishment of a division-wide therapeutic and rehabilitative culture (pilot program) in the division of youth services that operates in one location. The act expands the pilot program to a second location and requires a second evaluation and report on the pilot program. For the 2019-20 state fiscal year, the act appropriates $529,562 from the general fund to operate and evaluate the second location. (Note: This summary applies to this bill as enacted.) Read More
Medicaid - 1115 demonstration waiver - criminal or juvenile justice system prevention - mental health institute admission criteria - community behavioral health safety net system - appropriation. The act requires the department of health care policy and financing (state department) to develop measurable outcomes to monitor efforts to prevent medicaid recipients from becoming involved in the criminal or juvenile justice system. The act requires the state department to work collaboratively with managed care entities to create incentives for behavioral health providers to accept medicaid recipients with severe behavioral health disorders. The act requires the state department to determine if seeking a 1115 demonstration waiver is the necessary response to ensure inpatient services are available to individuals with a serious mental illness. If the state department determines it is not appropriate, the state department shall submit a report to the general assembly with the state department's reasoning and an alternative plan and proposed timeline for the implementation of the alternative plan. The act requires the state department to develop and implement admission criteria to the mental health institutes at Pueblo and Fort Logan. The act creates a community behavioral health safety net system (safety net system) and requires the department of human services, in collaboration with the state department, to conduct the following activities: Define what constitutes a high-intensity behavioral health treatment program (treatment program), determine what an adequate network of high-intensity behavioral health treatment services includes, and identify existing treatment programs; Develop an implementation plan to increase the number of treatment programs in the state; Identify an advisory body to assist the department in creating a comprehensive proposal to strengthen and expand the safety net system; Develop a comprehensive proposal to strengthen and expand the safety net system that provides behavioral health services for individuals with severe behavioral health disorders; Implement the comprehensive proposal and the funding model no later than January 1, 2024; and Provide an annual report from January 1, 2022, until July 1, 2024, on the safety net system to the public through the annual SMART Act hearing. The act appropriates $75,000 to the department of health care policy and financing from the general fund. (Note: This summary applies to this bill as enacted.) Read More
Criminal justice programs - cash funds created - transfers. Currently, money appropriated but unspent for the community-based reentry grant program, the crime victims grant program, the justice reinvestment crime prevention grant program, and the justice reinvestment crime prevention small business program (programs) reverts to the general fund at the end of the fiscal year. The act creates cash funds for each of the programs so that money for the programs is appropriated into the cash funds and unspent money is available for spending in future years. At the end of the 2018-19 and 2019-20 fiscal years, unspent money for the programs is transferred to the new cash funds rather than reverting to the general fund. Currently, the justice reinvestment crime prevention initiative is scheduled for repeal on September 1, 2020. The act extends the repeal date to September 1, 2023. (Note: This summary applies to this bill as enacted.) Read More
Colorado brain injury program - Colorado brain injury trust fund - board - appropriation. The act makes revisions to the Colorado traumatic brain injury program (program) and the program board, including: Renaming the program, the trust fund board, and the trust fund to remove "traumatic" from the titles and making conforming amendments in other statutes to reflect the new names; Defining "brain injury" to replace the definition of "traumatic brain injury"; Requiring the trust fund board to include members who have experienced a brain injury, family members of persons who have experienced a brain injury, and those with specific personal or professional experience with brain injuries; Removing obsolete dates relating to trust fund board appointments; Removing the specific statutory listing of potential services under the program and clarifying that all persons served by the program receive service coordination and skills training and may receive other services as determined by the trust fund board; Allowing the trust fund board to prioritize services and eligibility for services while ensuring fidelity to the program's original intent to serve individuals with brain injuries; Removing a restriction on the use of general fund money for the program trust fund; Removing general provisions relating to the administration of the program; and Removing the fee collected by municipalities for speeding traffic offenses and increasing fees currently collected for other offenses for the benefit of the trust fund. For the 2019-20 state fiscal year, the act appropriates $450,000 from the general fund to the Colorado brain injury trust fund and reappropriates money from the trust fund for use in the Colorado brain injury program. (Note: This summary applies to this bill as enacted.) Read More