The bill gives a peace officer the authority to issue a summons and complaint for any offense committed in the officer's presence, or if not committed in the officer's presence, for any offense that the officer has probable cause to believe was committed and probable cause to believe was committed by the person charged, unless arrest is statutorily required or the offense is a crime of violence. The bill prohibits a peace officer from arresting a person based solely on the alleged commission of a traffic offense; petty offense; municipal offense; misdemeanor offense; a class 4, 5, or 6 felony; or a level 3 or 4 drug felony unless: A custodial arrest is statutorily required; The officer is unable to sufficiently verify the individual's identity absent a custodial arrest; The person was convicted for a violation of section 42-4-1301, Colorado Revised Statutes, in the previous 12 months; or The offense is a felony or a victims' rights crime, the offense includes an element of illegal possession or use of firearm, the offense constitutes unlawful sexual behavior, or the offense is a violation 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 and: The arresting officer records in the arrest documents a reasonable suspicion to conclude the person poses a threat to the safety of another, absent custodial arrest; or The arresting officer records in the arrest documents a reasonable suspicion to conclude the person has indicated a clear unwillingness to cease and desist in criminal behavior, absent 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 level 3 or 4 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 has failed to appear 3 or more times in the case. The bill requires the court to issue a personal recognizance bond in a failure to comply with conditions probation hearing unless it is based on a commission of a new crime. 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. (Note: This summary applies to this bill as introduced.)
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The act authorizes a school district board of education to establish a scholarship program for graduates of the school district. The scholarships must be paid from additional mill levy revenue that the school district is authorized to collect; gifts, grants, and donations; or both. A school district board of education that establishes a scholarship program is encouraged to prioritize low-income and first-generation students and limit the allowable uses of scholarship money.(Note: This summary applies to this bill as enacted.)
The act defines "overpayments" of workers' compensation benefits as money received by a claimant that:Is a result of fraud; Is the result of an error due only to miscalculation, omission, or clerical error asserted in a new admission of liability; Is paid in error or in excess of an admission or order that exists at the time that the benefits are paid to a claimant; or Results in duplicate benefits as specified in the act. The act also:Clarifies that these limitations on overpayments do not prevent an insurance carrier or employer from receiving a credit against permanent disability benefits for temporary disability benefits paid beyond the date of maximum medical improvement and do not prevent the director of the division of workers' compensation or an administrative law judge from determining overpayments and requiring repayment of overpayments; and Prohibits the director or an administrative law judge from reopening an award of benefits paid to a claimant due to an overpayment except in limited, specific circumstances.(Note: This summary applies to this bill as enacted.)
The act makes conforming amendments and includes a cleanup of the main definition section for title 19, Colorado Revised Statutes, to reflect changes made through the reorganization of article 2 of title 19, Colorado Revised Statutes.(Note: This summary applies to this bill as enacted.)
A crime victim is entitled to compensation under the "Colorado Crime Victim Compensation Act" if, in part, the victim cooperates with law enforcement officials. The act clarifies that a victim of strangulation satisfies the cooperation requirement by undergoing a medical forensic examination.(Note: This summary applies to this bill as enacted.)
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, 2019, and before November 1, 2020, with the exception of certain rules of the following agencies, as specifically listed in the act:The state board of education concerning administration of the public school transportation fund; The air quality control commission concerning stationary source permitting and air pollutant emission notice requirements; and A number of boards and commissions within the department of regulatory agencies concerning rules implementing H.B. 20-1326 and S.B. 20-102. Those specified rules will expire as scheduled in the "State Administrative Procedure Act" on May 15, 2021, on the grounds that the rules either conflict with statute or lack statutory authority.(Note: This summary applies to this bill as enacted.)
The act declares the intention of the general assembly to reverse the holding and decision in the Colorado supreme court's (court) January 13, 2020, opinion in In re: The Parental Responsibilities Concerning W.C. The act gives the court continuing jurisdiction during the pendency of an appeal:Under article 10 of title 14, to modify a decree respecting child support or maintenance; to make or modify an order granting or denying parenting time rights; and to modify an order allocating decision-making responsibilities; Under the "Uniform Child-custody Jurisdiction and Enforcement Act", to exercise temporary emergency jurisdiction; Under the "Uniform Child Abduction Prevention Act", to modify an order concerning the allocation of parental rights and responsibilities; and Under the "Uniform Parentage Act", to modify an order for child support or for allocation of parental rights and responsibilities.(Note: This summary applies to this bill as enacted.)
Under current law, a retired member of the judicial division may perform assigned judicial duties without pay for not less than 60 or 90 days each year. Such a member of the judicial division will receive a benefit increase equal to not less than 20% or more than 30% of the current monthly salary of judges serving in the same position held by the retiree at the time of retirement.The act changes the amount of time that a retired member of the judicial division may perform assigned judicial duties without pay and the amount of a benefit increase such a judge will receive. The act specifies that a retired member of the judicial division may perform assigned judicial duties without pay for 10, 20, 30, 60, or 90 days each year and will receive a benefit increase equal to 3.3%, 6.7%, 10%, 20%, or 30% respectively of the current monthly salary of judges serving in the same position held by the retiree at the time of retirement.Additionally, under current law, within 5 years after retirement, a retired member of the judicial division who did not enter into an agreement prior to retirement to perform assigned judicial duties without pay during retirement may enter into such a written agreement within 30 days prior to each anniversary date of retirement. The act removes this requirement.The act also states that the following retirees from the judicial division are not eligible to perform the assigned judicial duties described above:Retirees who received "a does not meet performance standards" or "do not retain" recommendation in their last judicial performance evaluation before retirement, either published or unpublished; Retirees who received a disciplinary disposition from the commission on judicial discipline or private admonishment, private reprimand, private censure, public reprimand, public censure, suspension, or removal; and Retirees who, during or after their term in office, received private or public discipline from the office of the presiding disciplinary judge.(Note: This summary applies to this bill as enacted.)
The act establishes the process used by county commissioner redistricting commissions (commissions) to divide counties that have any number of their county commissioners not elected by the voters of the whole county into county commissioner districts. In these counties, the act:Recommends the establishment of independent county commissioner redistricting commissions and provides criteria to consider when creating these independent commissions; Requires the commissions to hold multiple hearings, either online or throughout the relevant counties, that are broadcast and stored online and comply with state statutes regarding open meetings; Requires the commissions to provide the opportunity for public involvement by providing the ability to propose and comment on plans and to testify at commission hearings; Prohibits improper communication between a member of a commission and the staff of a commission or a member of an advisory committee; Mandates that paid lobbying of the commissions be disclosed to the secretary of state by the lobbyist; Establishes prioritized factors for the commissions to use in drawing districts, including federal requirements, the preservation of communities of interest and political subdivisions, and maximizing the number of competitive districts; Prohibits the commissions from approving a plan if it has been drawn for the purpose of protecting one or more incumbent members, or one or more declared candidates, of the board of county commissioners, or any political party, and codifies current federal law and related existing federal requirements prohibiting plans drawn for the purpose of or that results in the denial or abridgement of a person's right to vote or electoral influence on account of a person's race, ethnic origin, or membership in a protected language group; Requires the commissions to approve a redistricting plan and specifies the date by which a final plan must be adopted by the board of county commissioners; and Specifies that the staff of each commission or an advisory committee will draft no less than 3 plans. The act allows counties to complete the establishment, revision, or alteration of county commissioner districts by September 30 of the second odd-numbered year following a census, rather than the first odd-numbered year following a census. The act also ensures that, if the redistricting of county commissioner districts excludes the residence of a county commissioner from the district the commissioner represents, the commissioner may continue to hold the office of county commissioner until his or her term expires.The act aligns the redistricting population data used to establish county commissioner districts with the redistricting population data used to establish congressional districts, state house of representative districts, and state senate districts.The act also requires that, in a county where any number of county commissioners are not elected by the voters of the whole county and the board of county commissioners refers a measure to the voters of the county to change the method of electing county commissioners, the referred measure must provide at least 2 different methods of electing county commissioners.Finally, the act repeals anachronistic county precinct size rules and allows county clerk and recorders to redraw precincts less often.(Note: This summary applies to this bill as enacted.)
The act makes several changes and clarifications to current juvenile diversion programs (diversion), including:Clarifying the division of criminal justice in the department of public safety's (division) authority over all programs funded with diversion money; Clarifying that diversion funding may be allocated to entities other than district attorneys' offices; Requiring eligibility criteria for diversion be made public; Establishing that a juvenile is eligible to divert if the juvenile meets the eligibility criteria; Clarifying that an approved validated assessment tool may be used for decisions on the length of supervision and necessary services; Clarifying that a risk screening tool is to be used to inform the level and intensity of supervision; Establishing a clear process for data collection so the division can properly evaluate its diversion programs; and Creating a clearer process and role for the division in the allocation process.(Note: This summary applies to this bill as enacted.)