Respondent parents' counsel - access to judicial department information - representation in reinstatement petition. The act adds to the list of agencies and attorneys authorized to have statewide read-only access to the name index and register of actions for the judiciary department those attorneys who are either under contract with or authorized by the office of the respondent parents' counsel. The act clarifies that a parent whose rights in a parent-child relationship have been terminated and who has filed a petition to reinstate the rights of a parent-child relationship is entitled to appointed counsel through the office of the respondent parents' counsel, if income eligibility criteria are satisfied. (Note: This summary applies to this bill as enacted.) Read More
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Titles and interests - deeds for the conveyance of real property - standard forms - terms of warranty and exceptions. The act states that a licensed title insurance entity may prepare deeds for the conveyance of real property in accordance with statutory forms. Any deed prepared by a title insurance entity containing a covenant of warranty must: Include a limitation on the warranty of title; and Use the phrase "subject to statutory exceptions" and no other terms or descriptions, unless the preparing title insurance entity is otherwise instructed in writing by both the grantor and the grantee. The act provides new forms of deeds for the conveyance of real property under certain circumstances. (Note: This summary applies to this bill as enacted.) Read More
Enactment of Colorado Revised Statutes 2018. The act enacts the softbound volumes of the Colorado Revised Statutes 2018 and the Special Supplement 2018 as the positive and statutory law of the state of Colorado and establishes the effective date of said publications.(Note: This summary applies to this bill as enacted.) Read More
The bill requires the department of corrections (department) to track the prison bed vacancy rate in both correctional facilities and state-funded private contract prison beds on a monthly basis. If the vacancy rate falls below 2% for 30 consecutive days, the department shall notify the governor, the joint budget committee, the parole board, each elected district attorney, the chief judge of each judicial district, the state public defender, and the office of community corrections in the department of public safety (office of community corrections). The department shall notify the governor, the joint budget committee, the parole board, each elected district attorney, the chief judge of each judicial district, the state public defender, and the office of community corrections once the vacancy rate exceeds 3% for 30 consecutive days. When the vacancy rate falls below 2% for 30 consecutive days, the department may: Request the office of community corrections to provide the department with information regarding the location and nature of any unutilized community corrections beds; Request the parole board review a list of inmates who are within 90 days of their mandatory release date, have an approved parole plan, and do not require full board review or victim notification. The parole board must hold a file review for the inmates on the list within 10 days after the receipt of the list. Coordinate with the parole board to review the list of inmates who have satisfied conditions for conditional release verified by the department of corrections, do not require full board review or victim notification, and have satisfied the condition or conditions required for parole. The parole board must hold a file review for the inmates on the list within 10 days of the receipt of the list.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill establishes in the office of the state court administrator (office) a statewide behavioral health court liaison program (program). The purpose of the program is to identify and dedicate local behavioral health professionals as court liaisons (court liaisons) in each state judicial district to facilitate communication and collaboration among judicial, health care, and behavioral health systems. The office shall administer the program and establish procedures, timelines, and funding guidelines for the program. Program funding must be allocated to judicial districts based on case volume, geographical complexity, and density of need. Specific duties of the court liaisons are outlined, as well as reporting requirements. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Under current law, staff, and staff of contracted providers, of area agencies on aging are mandatory reporters of the mistreatment of an at-risk elder or an at-risk adult with an intellectual and developmental disability. The bill creates a mandatory reporter exception for attorneys at law providing legal assistance to individuals pursuant to a contract with an area agency on aging, the staff of such attorneys at law. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill continues to allow the correctional treatment cash fund to be used to provide treatment for persons with mental and behavioral health disorders who are being served through the jail-based behavioral health services program (program). The program is housed in the office of behavioral health (office). The purpose of the program is to provide adequate staff to complete competency and behavioral health screenings, prescribe psychiatric medications as necessary, and provide mental health counseling, substance use disorder treatment, and transitional care coordination; train jail staff on behavioral health disorders and best practices in working with individuals with mental health, substance use, and co-occurring disorders; and fund administrative costs to jails participating in the program. The office shall prioritize jails with minimal behavioral health services, including rural and frontier jails. Jails that are participating in the program shall, at a minimum: Screen individuals who are being booked into the facility for various behavioral health issues; Provide adequate and appropriate access to health care and medications; Coordinate services with community behavioral health providers prior to the release of an inmate to ensure continuity of care following his or her release from the jail facility; and Track performance outcome measures for individuals affected by the program.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill clarifies in the Colorado Children's Code and in the 'School Attendance Law of 1963' that a 'delinquent act' does not include truancy or habitual truancy. A child who is habitually truant and who refuses to follow a plan to rehabilitate his or her truancy may be subject to various sanctions by the court in a truancy proceeding. The court shall not sentence a child or youth to detention as a sanction for contempt of court in a truancy proceeding unless it determines such detention is in the best interest of the child or youth as well as the public. In making such a finding, the court is required to consider several factors related to the child or youth, truancy, and the use of detention. A judge or magistrate may issue a warrant authorizing the taking into temporary custody of a child or youth who has failed to appear for a court hearing for a truancy or contempt action. Any such warrant must allow for release of the child or youth from temporary custody on an unsecured personal recognizance bond, cosigned by the child's or youth's parent or legal guardian or, if applicable, a representative of the department of human services. In the alternative, the warrant may, if the court is in session, direct that the child or youth be arrested and taken directly to court for an appearance. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Sunset Process - House Judiciary Committee. Under current law, a grant program exists in the department of corrections (department) to provide funding to eligible community-based organizations that provide reentry services to offenders. The grant program is scheduled to repeal on September 1, 2018. The bill reschedules the repeal of the grant program to September 1, 2023. The bill also provides that, in awarding grants from the grant program, the department shall release as much as one quarter of the amount annually appropriated to the grant program to an intermediary at the beginning of each fiscal year. The intermediary shall determine how much of this amount is awarded to each community partner as an advance portion of grant money to be awarded to the community partner. The bill requires the department to expand the grant program in the 2018-19 fiscal year to maximize the number of grantees; add grantees in underserved communities, especially in rural areas; and add one or more grantees that specialize in serving the reentry needs of women offenders. The bill makes an appropriation. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill creates up to 4 pilot programs in judicial districts in the state that divert individuals with low-level criminal behavior and a mental health condition to community resources and treatment rather than continued criminal justice involvement (program). The programs must be developed in accordance with the principles and proposed model recommended by the Colorado commission on criminal and juvenile justice, adopted on January 12, 2018.The state court administrator (SCAO) and the Colorado district attorneys' council shall collaborate to identify potential program sites, with the agreement of the elected district attorneys and chief judges in a judicial district. Once a judicial district has been selected as a program site, the chief judge and district attorney for the judicial district shall work collaboratively with interested and necessary participants to decide which courts and counties within the judicial districts are best suited to implement the pilot program. Interested and necessary participants include law enforcement, jail officials, public defenders, judges, pretrial service providers, and local community mental health and behavioral health service providers. The chief judge of a designated program district is responsible for the local implementation of the program, including establishing policies and procedures and facilitating formal agreements that might be required for implementation. The SCAO is responsible for overall program administration, including ensuring that, on or before January 1, 2019, each judicial district implements its own unique program. The mental health criminal justice diversion grant program (grant program) is created within the SCAO. The SCAO shall administer and monitor the grant program, including establishing funding guidelines and acceptable expenses, making specific grant awards, and disbursing grant award money to district attorneys' offices for the implementation of local programs. The program is repealed, effective December 1, 2021. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More