The act extends the income tax credit for employer contributions to employee 529 qualified state tuition programs for an additional 10 years. (Note: This summary applies to this bill as enacted.)
The act creates the occupational credential portability program (program) in the division of professions and occupations within the department of regulatory agencies, which permits a member of a regulated profession or occupation from another jurisdiction to obtain licensure, certification, registration, or enrollment in the profession or occupation in this state by endorsement, reciprocity, or transfer. The program is available to members of business and health care professions and occupations regulated by the division and the regulatory boards in the division for which licensure, certification, registration, or enrollment by endorsement is permitted under current law; except that the following professions and occupations are specifically excluded from the program: Combative sports; Electricians; Fantasy contests; Mortuaries and crematories; Nontransplant tissue banks; Outfitters and guides; Passenger tramway operators; Plumbers; Private investigators; Direct-entry midwives; and Surgical assistants and surgical technologists. Under the program, the director of the division and most regulatory boards and commissions within the division (regulators) are required to strive to reduce certification, registration, licensure, and enrollment barriers for applicants and to adopt rules to establish the program in the least burdensome way necessary to protect the public. The act also relocates the existing occupational credential exemption for military spouses to the new occupational credential portability program and modifies the exemption by specifying that the exemption is valid for 3 years and applying the exemption to all members of business and health care professions and occupations regulated by the division and the regulatory boards in the division. (Note: This summary applies to this bill as enacted.)
The bill creates the victim towing and impound fee grant program (program) in the division of criminal justice (division) in the department of public safety. The division shall make a grant to a statewide nonprofit organization that serves victims of crime (nonprofit organization) to reimburse a victim who has paid a towing or impound fee as a result of criminal activity. The nonprofit organization is required to submit annual reports to the division, and the division is required to submit annual reports to specified committees of the general assembly. The program is repealed, effective July 1, 2023.(Note: This summary applies to this bill as introduced.)
The bill makes changes to a program (program) within the department of human services (department) for children and youth with intellectual and developmental disabilities or co-occurring disorders (children and youth). The scope of rules to be promulgated by the department for the program is expanded to include planning for services for children and youth who become 18 years of age while in the program; access to behavioral health services; wait list management; process for a child or youth who is at risk for out-of-home placement; and program evaluation. Current law only allows for a county department of human or social services to submit an application to the program for a child or youth. The bill extends this option to the parent or legal guardian of the child or youth, and extends all notification requirements related to the program to the parent or legal guardian as well. The bill updates reimbursement provisions so that if a child or youth is not in the custody of a county department of human or social services or the department, the department shall directly reimburse the licensed provider where the child or youth is placed. Beginning on or before September 1, 2020, the department is required to compile and make public an annual report on the program. (Note: This summary applies to this bill as introduced.)
Not later than December 31, 2020, the bill requires each state agency, state institution of higher education, and political subdivision of the state to submit to the office of the state architect (office) a list of all usable real property owned by or under the control of the agency, institution, or political subdivision of the state. This list must include, if applicable: The address where the real property is located; The size of the real property; How the real property is zoned; Contact information for the state agency, institution, or political subdivision of the state that owns or controls the real property; The plan, if one is available, for the use, development, or sale of the real property; and A description that includes the condition of the real property and a measurement of total area of the real property that is vacant, unused, or underdeveloped. Not later than December 31 of each subsequent year, each state agency, state institution, and political subdivision of the state must submit to the office any updates to the information the agency, institution, or political subdivision of the state originally submitted to the office about the usable real property the agency, institution, or political subdivision of the state owns or controls. Beginning July 1, 2021, whenever any state agency, state institution of higher education, or political subdivision of the state plans to offer any usable real property for sale, or otherwise plans to solicit any offer to purchase real property, the agency, institution, or political subdivision of the state shall notify the office. Not later than July 1, 2021, the office must establish and maintain a current database that includes the information listed above. This database must be available free of charge to the public on the office's website. (Note: This summary applies to this bill as introduced.)
The bill requires each judicial district to implement a pretrial release assessment process to assess arrested persons as soon as practicable but no later than 24 hours after admission to a detention facility. Each judicial district shall also adopt written criteria in an administrative order allowing for the immediate pretrial release of certain arrested persons on a summons or an unsecured personal recognizance bond without any monetary condition after a pretrial release assessment is completed and without an initial hearing before the court. The division of criminal justice in the department of public safety (DCJ) shall develop statewide standards and guidelines for the development of the pretrial release assessment process, the written criteria for immediate pretrial release, and standards for the setting of the type of bond and conditions of release. The DCJ shall also compile an inventory of approved pretrial risk assessment instruments available for use in Colorado. By October 1, 2022, and every October 1 thereafter, the DCJ shall evaluate the outcome of the bond setting process, including the type of bond set, the amount of any secured or unsecured monetary condition of bond, and any other conditions of release, if available, for bias on the basis of race, ethnicity, or gender by judicial district. Beginning April 1, 2021, if a person is not released without a monetary bond pursuant to an administrative order, the court shall hold a hearing as soon as practicable to determine bond and the conditions of release. The bill creates a presumption that a person will be released without any monetary conditions of release. The court is required to use specified criteria in determining the bond and conditions of release. The bill specifies the types of bond that the court can order including: An unsecured personal recognizance bond; An unsecured personal recognizance bond with additional nonmonetary conditions of release; A bond with a monetary condition; or A bond with secured real estate conditions. The bill specifies the required conditions of release and permissive conditions of release. The bill requires all counties to develop a pretrial services program by April 1, 2021, which is approved by the chief judge of the judicial district where the county is located. The pretrial services program shall use a pretrial risk assessment instrument approved by the DCJ. Each pretrial services program shall provide an annual report to the department of public safety, which shall provide a report to specified legislative committees. The bill creates a pretrial services fund to provide counties with funds to operate or assist in the operation of a pretrial services program. (Note: This summary applies to this bill as introduced.)
The bill defines possession for purposes of sexual exploitation of a child. The bill updates certain actions described as sexual exploitation of a child to reflect access and viewing due to evolving technology. The bill makes sexual exploitation of a child an extraordinary risk crime, enhancing the presumptive sentencing range, if the sexually exploitative material depicts a child who is: Under 12 years of age; Subjected to the actual application of physical force or violence; or Subject to sexual intercourse, sexual intrusion, or sadomasochism. The bill creates the sexual exploitation of a child surcharge for any person who is convicted or receives a deferred sentence for sexual exploitation of a child. Ninety-five percent of the surcharge goes to the sexual exploitation of children surcharge fund. The money in the fund will fund the enhance the effective investigation and prosecution of computer-facilitated sexual exploitation of children grant program. The grant awards go to law enforcement agencies to assist with developing and acquiring necessary technological or expert resources to investigate and prosecute computer-facilitated crimes of sexual exploitation of a child is continuously appropriated to the Colorado bureau of investigation to enhance the effective investigation and prosecution of computer-facilitated sexual exploitation of children. (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.)
The bill enacts the "Uniform Collaborative Law Act" (act). The bill authorizes a collaborative law process whereby disputes are resolved without intervention by a court or other tribunal. It specifies: Requirements for a collaborative law participation agreement including that both sides be represented and advised by collaborative law lawyers; and That communications made during the collaborative law process are confidential and may not be used in later proceedings except in specified situations.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The act changes the penalty for abuse of a corpse to a class 6 felony. The act states that a defendant may not be convicted of more than one offense for tampering with a deceased human body and abuse of a corpse if the act arises out of a single incident. The statute of limitations for tampering with a deceased human body and abuse of a corpse will commence upon discovery of the criminal act. (Note: This summary applies to this bill as enacted.)
Current law allows a board of county commissioners to transfer money from the county general fund to the county road and bridge fund if the governor declares a disaster emergency in the applicable county. The transfers are allowed for 8 years following the date of the governor's declaration of a disaster in the county. The act clarifies that the 8 years begins the day after the date of the governor's final declaration of an emergency for the disaster, including all extensions to the declaration. (Note: This summary applies to this bill as enacted.)
