Under current law, when a defendant is detained in jail on a municipal hold, the defendant must receive a hearing before the municipal court within 2 calendar days, excluding Sundays and federal holidays. Beginning January 1, 2023, the act requires the hearing to be held within 48 hours after the municipal court receives notice that the defendant is being held solely on a municipal hold. The act makes clarifying changes to the district attorney assistance for bond hearings grant program and repeals the district attorney assistance for bond hearings cash fund. The act decreases the 2022 long bill appropriation to the district attorney assistance for bond hearing cash fund by $600,000 and appropriates in the 2022 long bill $600,000 to the department of law for district attorney bond hearing grants. The act repeals the 2021 $150,000 appropriation to the district attorney assistance for bond hearing cash fund and appropriates for the 2021-22 fiscal year $150,000 to the department of law for district attorney bond hearing grants. (Note: This summary applies to this bill as enacted.)
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The act creates the behavioral health administration (BHA) in the department of human services (department) to create a coordinated, cohesive, and effective behavioral health system in the state. The BHA will handle most of the behavioral health programs that were previously handled by the office of behavioral health in the department. The act establishes a commissioner as the head of the BHA and authorizes the commissioner and state board of human services to adopt and amend rules that previously were promulgated by the executive director of the department. By July 1, 2024, the act requires the BHA to establish: A statewide behavioral health grievance system; A behavioral health performance monitoring system; A comprehensive behavioral health safety net system; Regionally-based behavioral health administrative service organizations; The BHA as the licensing authority for all behavioral health entities; and The BHA advisory council to provide feedback to the BHA on the behavioral health system in the state. The act transfers to the department of public health and environment responsibility for community prevention and early intervention programs previously administered by the department. The act makes extensive conforming amendments. The act appropriates from the general fund to the department: $671,538 for use by the executive director's office; $542,470 for administration and finance; and $2,495,231 for use by the behavioral health administration; The act makes various adjustments to the 2022 general appropriations act for the department, the department of public health and environment, and the legislative department. The act appropriates to the department of public health and environment $638,608 for use by the prevention services division of which $48,111 is from the general fund and $590,497 is from the marijuana tax cash fund. The act appropriates to the department of public health and environment: From reappropriated federal funds $8,181,248 for use by the prevention services division; From the marijuana tax cash fund $18,127 for administration; and From the general fund $11,846 for use by administration and support. The act appropriates from the general fund to the department of health care policy and financing, $246,399 for use by the executive director's office. The act appropriates from the division of insurance cash fund $142,766 to the department of regulatory agencies for use by the division of insurance. (Note: This summary applies to this bill as enacted.)
A commission on judicial discipline (commission) is established in current law pursuant to section 23 (3) of article VI of the state constitution. The act implements the commission by: Specifying the duties of the commission; Establishing and specifying the duties of an office of judicial discipline (office) as an independent office within the judicial department; Authorizing the commission to appoint an executive director of the office and specifying the duties of the executive director; Authorizing the commission to appoint and determine the duties of special counsel, which may include representing the people in formal proceedings; Establishing immunity for commissioners; Requiring the attorney general to provide legal services to the commission and office; Specifying when information should be shared among offices within the judicial department responsible for reviewing actions of current and potential judges and justices; Specifying duties of personnel within the judicial department when they become aware of potential issues of judicial discipline; and Establishing a special cash fund and specifying sources of money for the fund and uses of the money in the fund. For rules, guidelines, and procedures relating to judicial discipline adopted by the supreme court, the act requires the supreme court to: Provide the commission with notice and an opportunity to object and, if the commission objects, to engage with the commission in good-faith efforts to resolve differences; and Post notice of each rule, guideline, or procedure and allow for public comment, including an opportunity for the public to address the supreme court. The act creates the legislative interim committee on judicial discipline to study Colorado's system of judicial discipline and make recommendations for necessary changes to that system. The act appropriates: $1,143,438 from the general fund to the commission to implement the act; $88,713 to the department of law from reappropriated funds from the commission; and $53,463 from the general fund to the legislative department for expenses of the interim committee.(Note: This summary applies to this bill as enacted.)
Under existing law, the court reminder program (program) provides reminders to criminal defendants and juveniles who have been alleged to have committed a delinquent act (collectively, "defendants") to appear at each of their scheduled court appearances. The act requires every defendant to be automatically enrolled in the program and allows a defendant to opt out of the program. The act clarifies that defendants alleged to have committed traffic offenses are enrolled in the program. The program must use the best contact information available to the courts and provide at least 3 reminders, including one reminder the day before the court appearance. For court appearances that can be attended virtually, the final reminder must include a link to the virtual court appearance. The program must send reminders by text message, but may use another method if a defendant is unable to receive text messages. The program is required to track the number of defendants that opt out of the program and to implement or recommend changes to improve participation. The judicial department is required to report information regarding reminders sent by methods other than text message. The act requires the state court administrator to convene a working group to study best practices in court reminders, assess the effectiveness of the program, and recommend appropriate changes to the program to the state court administrator. In its annual State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act hearing, the judicial department is required to present the recommendations made by the working group, whether the recommendations were implemented, and the rationale for implementing or rejecting any recommendation. Because defendants are automatically enrolled in the program, the act repeals provisions related to notifying defendants of the opportunity to enroll in the program. The act appropriates $74,713 to the judicial department from the general fund to implement the act. (Note: This summary applies to this bill as enacted.)
The act establishes the early intervention, deflection, and redirection from the criminal justice system grant program (grant program) in the behavioral health administration (BHA) to provide grants to fund programs and strategies that prevent people with behavioral health needs from becoming involved with the criminal justice system or that redirect individuals in the criminal justice system with behavioral health needs from the system to appropriate services. Local governments, federally recognized Indian tribes, hospitals, health-care providers, and community-based organizations are eligible for a grant; local law enforcement agencies are eligible for a grant only for the purpose of developing or expanding a co-responder community response program. In order to receive a grant, an applicant must offer a monetary contribution or in-kind contributions that directly support the services provided with the grant award. The BHA may waive the monetary or in-kind contribution requirement for applicants requesting a grant of less than $50,000. The BHA administers the grant program in consultation with the department of public safety. The act establishes a review committee to review grant applications and make recommendations to the BHA and department of public safety about which applicants should receive grants and the amount of each grant. After receiving and reviewing recommendations from the review committee and after consultation with the department of public safety, the BHA shall award grants. Each grant recipient must report to the BHA information about the use of the grant. The bill requires the general assembly to appropriate $50.7 million from the behavioral and mental health cash fund to the department of human services for the grant program. The act requires the general assembly to appropriate $3 million from the behavioral and mental health cash fund to the department of corrections (department) to provide medication-assisted treatment to individuals who are placed in the custody of the department. The department shall use the money for upgrades necessary to store medications at department facilities, for providing continuity of care for inmates with a substance use disorder between institutional settings and community-based treatment, and for facilitating long-term treatment and recovery of individuals upon release. The act requires the general assembly to appropriate $4 million from the behavioral and mental health cash fund to the judicial department for allocation to district attorneys for pretrial diversion programs. The judicial department is required to allocate $1.8 million of the money to recipients that provide diversion for individuals with behavioral health disorders. A district attorney who receives funding for a pretrial diversion program is required report the number of people screened for and referred to behavioral health treatment. The act creates the behavioral health information and data sharing program to award grants to counties to integrate the county jails' data systems with the Colorado integrated criminal justice information system. The division of criminal justice (division) within the department of public safety administers the program. The division is required to collaborate with the office of information technology to oversee the implementation of data-sharing systems or software necessary to exchange information with the Colorado integrated criminal justice information system. The act requires the general assembly to appropriate $3.5 million from the behavioral and mental health cash fund for the program. The act requires the state department of health care policy and financing (HCPF) to evaluate and determine whether the state should seek additional federal authority to provide screening, brief intervention, and care coordination services through the medical assistance program to persons immediately prior to release from jail or a department of corrections facility and to improve processes for determining and redetermining individuals for medical assistance eligibility. If HCPF determines that the state should request federal authority, HCPF must make the request and, if the requested federal authority is granted, provide the benefits. If HCPF determines that the state should not request federal authority, HCPF must submit a report to the joint budget committee of the general assembly that includes an alternate plan to ensure continuity of care for individuals being released from jail or prison. The act requires HCPF to determine whether federal authority is necessary to provide benefit coverage under the medical assistance program to people who are on work release from jail. The act requires each county jail to report quarterly about the number of inmates whose medicaid is suspended while incarcerated and the number of incarcerated inmates who are enrolled in, or whose medicaid is reinstated, prior to release. The act requires a county jail to provide medicaid enrollment or re-enrollment paperwork to a person who is incarcerated in the jail and is eligible for medicaid benefits when the person enters the county jail. The act requires an administrator of a community corrections program to partner with a county department of human or social services to facilitate enrolling each offender participating in the program into medicaid. The act makes the following appropriations from the behavioral and mental health cash fund: $50.7 million to the department of human services for use by the BHA for the grant program; $4 million to the judicial department for adult district attorney pretrial diversion programs; $3.5 million to the department of public safety for behavioral health information and data sharing grants, of which, $1,760,709 is reappropriated to the office of information technology; and $3 million to the department of corrections for its mental health subprogram. The act appropriates $81,164 from the general fund to the department of health care policy and financing. (Note: This summary applies to this bill as enacted.)
The act expands the existing pretrial diversion program to include diversion programs that are intended to identify eligible individuals with behavioral health disorders and divert such individuals out of the criminal justice system and into community treatment programs. This expansion replaces the alternative pilot programs to divert individuals with mental health conditions that are set to repeal July 1, 2022. (Note: This summary applies to this bill as enacted.)
Legislative Oversight Committee Concerning the Treatment of Persons with Mental Health Disorders in the Criminal and Juvenile Justice Systems. The bill establishes and expands programs within the division of housing in the department of local affairs (division) to build the capacity of communities across the state to provide supportive housing services to individuals with behavioral, mental health, or substance use disorders who are homeless or at risk of becoming homeless and who have contact with the criminal or juvenile justice system, including: Expanding statewide training and technical assistance to help communities develop and implement supportive housing programs for individuals who have behavioral, mental health, or substance use disorders who are homeless or at risk of becoming homeless and who have contact with the criminal or juvenile justice system. The program must be targeted to communities that currently face barriers to accessing existing state and federal funding for supportive housing programs. Establishing a predevelopment grant program that provides funding to entities working to develop supportive housing interventions for individuals who have behavioral, mental health, or substance use disorders who are homeless or at risk of becoming homeless and who have contact with the criminal or juvenile justice system. The grant money can be used to add new or additional staff capacity to allow the development and implementation of such programs. The division is required to prioritize applicants that will serve rural or frontier communities and to provide hands-on technical assistance to grant recipients. The division is required to consult with the office of behavioral health in the department of human services in implementing the grant. Establishing a supportive housing services and homelessness prevention grant program. Grant money can be used to cover the costs of providing supportive housing services that are currently not eligible for reimbursement through the state's medical assistance program. It can also be used to fund homelessness prevention projects for individuals who have behavioral, mental health, or substance use disorders who are homeless or at risk of becoming homeless and who have contact with the criminal or juvenile justice system. The division is required to prioritize applicants that will serve rural or frontier communities and provide hands-on technical assistance to grant recipients. The division is required to consult with the office of behavioral health in implementing the grant. Developing a plan to increase participation in regional homeless data systems, support accurate data reporting, and assess housing-related needs. The division must work with regional continuums of care to evaluate how to increase participation in data systems in communities across the state, identify technical needs and associated costs for doing so, and work with the office of behavioral health and other stakeholders to integrate or develop an integrated user interface for various data systems related to housing and supportive services. It must also enhance information about best practices and training materials available to communities across the state.(Note: This summary applies to this bill as introduced.)
Based on the findings and recommendations of the committee on legal services, the act extends all state agency rules that were adopted or amended on or after November 1, 2020, and before November 1, 2021. (Note: This summary applies to this bill as enacted.)
Under existing law, the keeper of a jail is required to submit a quarterly report of inmate information to the division of criminal justice within the department of public safety (division), and the division is required to publish that information in a searchable and sortable format. That requirement is set to repeal on January 31, 2023. The act strikes the repeal. The act requires the inmate information collected to include each inmate's age. For the 2022-23 state fiscal year, the act appropriates $4,918 from the general fund and authorizes 0.1 FTE to the department of public safety for use by the division of criminal justice for administrative services. (Note: This summary applies to this bill as enacted.)
The act changes the name of Pikes Peak community college to Pikes Peak state college. (Note: This summary applies to this bill as enacted.)