The act changes the eligibility criteria for inmates who are eligible for special needs parole. The act allows an inmate to request that the department of corrections (DOC) determine whether the inmate is eligible for special needs parole. The act requires the DOC, in consultation with the parole board, to develop policies and procedures related to special needs parole. The act allows the inmate to include a statement in the referral packet for special needs parole and an opportunity to provide any additional relevant information in the referral packet. The act requires the parole board to consider the age of the inmate and the DOC's ability to provide adequate medical and behavioral health treatment to the inmate in granting or denying special needs parole. The parole board cannot deny special needs parole based solely on the lack of a recommended parole plan.The act requires the DOC to:Develop a recommended parole plan for every inmate prior to release from prison; Develop policies and procedures related to prerelease planning; and Include in its monthly population report information related to delayed parole decisions. The act prohibits the parole board from denying parole based solely on the lack of a recommended parole plan.The act requires the office of the state public defender to provide liaisons to the DOC and the parole board to assist in criminal-related legal matters that would impact successful reentry. The act requires the DOC or a member of the parole board to suspend a parole hearing if they believe the offender is incompetent to proceed or has a mental health disorder and notify the public defender parole liaison of the situation. In the case of incompetency, the liaison shall file a motion to determine competency with the trial court that imposed the sentence. In the case of a mental health disorder, the liaison shall help the inmate obtain counsel if a civil commitment hearing is warranted.The act requires the DOC to ensure that any inmate who is 65 years of age or older and is being released from prison is enrolled in medicare or health insurance if the offender would not be covered by another health insurance policy prior to release or upon release, whichever will offer more immediate and comprehensive health-care coverage. The DOC shall pay any insurance premiums and penalties for up to 6 months from the start of coverage. The DOC may provide financial assistance for longer than 6 months if the person is still under the jurisdiction of the DOC and would otherwise be uninsured or underinsured without that financial assistance. The act requires the Colorado commission on the aging to study and make recommendations related to health care for inmates who are 65 years of age or older and being released from prison and provide the report prior to January 1, 2022.The act makes conforming changes to align with the new offense of unauthorized absence. The act requires the parole board to schedule a parole hearing for an inmate serving a sentence for escape or attempt to escape, the elements of which would now constitute the offense of unauthorized absence.The act requires all youthful offender system (YOS) staff to be trained in the first 45 days of employment. The act repeals the requirement that district attorneys keep records of all juveniles sentenced to the YOS.The act requires the DOC to conduct a study with external experts regarding the effectiveness of the YOS and the potential of expanding the system to serve offenders up to age 25 years old.The act allows the Colorado state penitentiary II to be used to house inmates to facilitate movement of prisoners during a declared disaster emergency that impacts state prison operations.For fiscal year 2021-22, the general assembly shall appropriate $1,167,297 to the community-based reentry services cash fund from the savings from this act. For fiscal year 2022-23, the general assembly shall appropriate $1,481,622 to the community-based reentry services cash fund from the savings from this act.The act adjusts the long act appropriations to the DOC by decreasing the general fund appropriation to the external capacity subprogram by $2,815,470 and by decreasing the general fund appropriation by $314,630 for external medical services. To implement the act, the act appropriates: $2,798,098 to the department of corrections; $30,307 to the department of law; $229,220 to the office of the governor; $157,760 to the judicial department; and $50,000 to the department of human services.(Note: This summary applies to this bill as enacted.)
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The department of corrections operates a specialized program for offenders who are serving a prison sentence for a felony offense committed while the offender was a juvenile as a result of criminal charges filed by direct file or transfer proceedings. The act would expand program eligibility to adults serving a sentence for a felony that was committed when the person was under 21 years of age. The act requires the court, when it sentences a person under 21 years of age, to make a statement that it is possible the defendant could serve a portion of the sentence in the specialized program.The act appropriates $118,976 from the general fund and provides 1.4 FTE to the department of corrections to implement the act.(Note: This summary applies to this bill as enacted.)
The act requires a court to hold a bond setting hearing within 48 hours after an arrestee's arrival at a jail or holding center beginning on April 1, 2022.Under current law, a person is allowed to post bond within 2 hours after the sheriff receives the bond information. The act repeals that requirement. The act states a bond may be paid at a minimum by cash, money order, or cashier's check, and a judge, judicial officer, or bond hearing officer shall not require a monetary bond be paid in the defendant's name. Unless extraordinary circumstances exist, the custodian of a jail shall release a defendant who is granted a personal recognizance bond no later than 6 hours after the defendant is back in jail, and in cases when cash bond is set, the defendant shall be released no later than 6 hours after bond is set, after the defendant is physically present in the jail, and after the defendant or surety notifies the jail that the defendant or surety is prepared to post bond. If the custodian fails to release the defendant within 6 hours after the bond has been set, the custodian shall inform the defendant and any person posting bond on behalf of the defendant the reason for the delay and shall document the reason for delay in the defendant's file. The act requires that after a bond has been paid, the defendant and surety, if any, receive a copy of the bond paperwork, a notice of rights related to bonding, and information regarding the defendant's next court date. The act requires each jurisdiction to establish a way to pay bond online by January 1, 2022. The act states that a bond is posted when the surety or defendant pays the bond as evidenced by the time stamp on the bond or bond receipt.Each sheriff shall post a notice of rights related to bonding on the sheriff's website, including information about how to file a complaint for violations. The sheriff shall include the notice in the inmate handbook and must provide the notice free of charge to anyone requesting a copy. The sheriff shall post a notice that contains the bonding information in the common area of the jail in a location clearly visible to the inmates and clearly visible in the public portion of the jail where a person posts bond.By October 1, 2021, each sheriff shall:Create written policies to comply with statutory bonding requirements; Review and update the sheriff's website, signage, paperwork, and forms related to bonding to reflect current law; and File a certificate of compliance with the statutory bonding provisions with the division of criminal justice in the department of public safety. The act provides that each defendant has a right to be represented by an attorney at a bond hearing and the prosecution has the right to be present at a bond hearing.The act creates the position of a bond hearing officer, who is a magistrate, to conduct bond hearings on weekends and holidays throughout the state using audiovisual technology. The bond hearing officer conducts bond hearings throughout the state in the counties that request the service of the bond hearing officer. The public will be able to view the hearings. For each case heard by the bond hearing officer, the arresting jurisdiction shall electronically transmit the arrest report, pretrial services information, and all other relevant information to the bond hearing officer prior to the hearing. The act creates the district attorney assistance for bond hearing grant program to assist smaller district attorneys' offices in covering the costs associated with the bond hearing officer hearings. The act appropriates $150,000 for the grant program.For the 2021-22 state fiscal year, the act appropriates $412,816 from the general fund and the judicial department information technology cash fund to the judicial department to implement the act. The act appropriates $67,136 from the general fund to the state public defender to implement the act. The act appropriates $19,500 from the general fund to the division of criminal justice in the department of public safety to implement the act.(Note: This summary applies to this bill as enacted.)
To improve the clarity and certainty of the statutes, the act amends, repeals, and reconstructs various statutory provisions of law that are obsolete, imperfect, or inoperative. The specific reasons for each amendment or repeal are set forth in the appendix to the act. The amendments made by the act are not intended to change the meaning or intent of the statutes, as amended.(Note: This summary applies to this bill as enacted.)
The act continues the functions of the sex offender management board until 2023.(Note: This summary applies to this bill as enacted.)
Beginning July 1, 2022, the act prohibits a local jail with a bed capacity of over 400 beds from involuntarily placing an individual in restrictive housing if the individual meets any one of the following conditions:The individual is diagnosed with a serious mental illness or is exhibiting grossly abnormal and irrational behaviors or breaks with reality or perceptions of reality indicating the presence of a serious mental illness; The individual has self-reported a serious mental illness or suicidality, or is exhibiting self-harm, unless a licensed mental health professional or psychiatrist evaluates the individual and finds serious mental illness is not present; The individual has a significant auditory or visual impairment that cannot otherwise be accommodated; The individual is pregnant or in the postpartum period; The individual is significantly neurocognitively impaired by a condition such as dementia or a traumatic brain injury; The individual is under 18 years of age; or The individual has an intellectual or developmental disability. The prohibition does not apply if:Any indication of psychological distress is present and the jail transferred the individual to a health-care facility to receive treatment and the individual is refused treatment or discharged by the health-care facility; and The individual poses an imminent danger to themselves or others; and No other less restrictive option is available and the individual is not responding to ongoing de-escalation techniques. When an individual is placed in restrictive housing under the above circumstances, the local jail shall:Document the facts and circumstances that led to placing the individual into restrictive housing; Notify its medical or mental health professionals in writing within 12 hours of placing an individual in restrictive housing; Notify the individual's appointed or retained legal representative, designated emergency contact, or legal guardian within 12 hours of the individual's involuntary placement and removal in restrictive housing; At least twice per hour, check on an individual involuntarily placed in restrictive housing. If the individual is violent, demonstrating unusual or bizarre behavior, or has indicated suicidality or self-harm, the local jail staff shall monitor the individual every fifteen minutes or more frequently, unless a medical or mental health professional recommends more frequent or less frequent checks. Every 24 hours, assess the individual involuntarily placed in restrictive housing by a medical or mental health professional and have a mental health professional assess the individual every 48 hours for ongoing placement in restrictive housing; Provide the individual a clear explanation of the reason the individual has been placed in restrictive housing, the monitoring procedures that the local jail will employ to check the individual, the date and the time, when the individual's next court date is, and the behavioral criteria the individual must demonstrate to be released from restrictive housing; Not hold the individual in restrictive housing for more than 15 days in a 30-day time period without a written court order; and Supply the individual with basic hygiene necessities; exchanges of clothing, bedding, and linen; access to writing letters or receiving letters; opportunities for visitation; access to legal materials; access to reading materials; a minimum of one hour of outdoor exercise 5 days a week outside of the cell; telephone privileges; and access to programs and services. The act requires medical or mental health professional to assess any individual placed in restrictive housing within 24 hours of placement.The act requires a local jail to use an adequate screening tool to complete a health screening of each inmate when the inmate arrives at the jail.Beginning January 1, 2022, the act requires each local jail to keep and maintain a record of certain data regarding each individual placed in restrictive housing and certain data regarding each individual with a mental illness or substance use disorder.(Note: This summary applies to this bill as enacted.)
Senate Bill 19-196, enacted in 2019, requires that a state agency (agency) specify a general prevailing rate of wages and other payments provided to employees (prevailing rate) in certain contracts for public projects, and it applies to state solicitations issued for projects (solicitations) on or after July 1, 2021.For solicitations issued on July 1, 2021, through December 31, 2021, only, the act requires that the agency obtain the general prevailing rate directly from the United States department of labor. For solicitations issued on or after January 1, 2022, the agency must obtain the general prevailing rate from the director of the Colorado department of personnel and administration (department).For solicitations issued on July 1, 2021, through December 31, 2021, only, the act requires that the agency keep a schedule of the prevailing rate on file for the life of the project. Beginning on January 1, 2022, the executive director of the department is required to keep a schedule of the customary prevailing rate in his or her office.The act also permits the department to include only solicitations issued on or after January 1, 2022, rather than solicitations issued on or after July 1, 2021, in its annual reports detailing the amount of apprenticeship training contributions paid.(Note: This summary applies to this bill as enacted.)
Under existing law, a criminal defendant must be brought to trial within 6 months after the date of the entry of a plea of not guilty. However, there are circumstances that exclude a period of time when computing the time within which a defendant must be brought to trial. These exclusions extend the length of time within which the defendant must be brought to trial.The act permits the court to exclude a period of delay caused by the COVID-19 pandemic, not to exceed 6 months if the defendant is not in custody for the case pending a jury trial or not to exceed 3 months if the defendant is in custody for the case pending a jury trial, if certain considerations are satisfied. The court may grant only one continuance due to a period of delay caused by the COVID-19 pandemic.The judicial department shall collect, report, and publish data concerning each continuance granted because of the COVID-19 pandemic.The act requires the court that orders an exclusion of a period of delay caused by the COVID-19 pandemic to reconsider bond for an eligible defendant in custody awaiting trial.A court shall not grant a continuance based on a delay caused by the COVID-19 pandemic on or after 5:01 p.m. on April 29, 2022.(Note: This summary applies to this bill as enacted.)
The justice reinvestment crime prevention initiative (initiative), administered by the Colorado department of local affairs in the division of local government (department), incorporates programs that expand small business lending and provide grants aimed at reducing crime and promoting community development in certain target communities. Effective September 1, 2021, the act:Expands the initiative to include Grand Junction and Trinidad; and Adds a statewide business and entrepreneurship training and grant program for justice-system-involved persons to the initiative. The act also modifies the sunset review and repeal date for the initiative from September 1, 2023, to September 1, 2027, and makes an appropriation.(Note: This summary applies to this bill as enacted.)
The bill creates the community response to low-level offenses working group in the department of public safety to study and propose statewide policy and legislative initiatives to safely increase community response in lieu of law enforcement engagement for lower-level offenses and calls for service when there is no criminal conduct. The working group shall report its findings to the judiciary committees of the house of representatives and the senate, or any successor committees, by the February 1, 2022. The bill prohibits a peace officer from arresting a person based solely on the alleged commission of a traffic offense, petty offense, drug petty offense, municipal offense, drug misdemeanor offense, or misdemeanor offense, unless: Custodial arrest is statutorily required; The offense is a victim rights crime; the offense includes an element of illegal possession or use of a firearm; or the offense constitutes unlawful sexual behavior, failure to register as a sex offender, or the offense is a violation of a temporary or regular extreme risk protection order, a violation of a credible threat to a school, or a violation of eluding in a vehicle, or motor vehicle theft ; or The officer is unable to sufficiently verify the individual's identity absent a custodial arrest. The bill prohibits a court from issuing a monetary bond for a misdemeanor offense; municipal offense; class 4, 5, or 6 felony; or a drug felony unless the court finds the defendant will flee prosecution or threaten the safety of another and no other condition of release can reasonably mitigate the risk. The bill requires the court to issue a personal recognizance bond when the defendant fails to appear, unless: The defendant failed to appear when a witness was subpoenaed or a civilian witness was on call; The defendant intentionally failed to appear for the purpose of interfering with or deterring victim or witness participation in the case; or The defendant has failed to appear 2 or more times more than one time in the case. The bill requires the court to issue a personal recognizance bond in a failure to comply with a probation conditions case that is not based on a criminal offense, unless: The violation was for a failure to comply with any court- ordered treatment related to a sex offense or domestic violence; The defendant has already had probation revoked for failure to comply in the case; or The court finds the defendant is likely to flee prosecution. The bill permits appellate review of a court's bail or bond order by either the defendant or the prosecution after a reconsideration hearing, denial of a reconsideration of bond conditions, or order for bail after conviction. The bill requires annually each county jail to provide information regarding jail population and each judicial district to provide information regarding bonds, failures to appear, and summons to the division of criminal justice in the department of public safety. The division shall compile a report of the information and post the report on its website. The bill creates a fund to pay for the study using 25% of the money collected on a failure to appear personal recognizance bond. The bill authorizes sheriffs to actively manage their jail populations in order to keep the population as low as possible while maintaining community safety, including the authority to establish jail admission standards that include offense-based admission standards that limit jail admissions. The bill appropriates $24,436 from the general fund to the judicial department for trial courts to implement the bill. The bill appropriates $50,375 from the general fund to the department of public safety for the division of criminal justice to implement the bill. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)