Sen. Bob Gardner

The bill states that a person commits class 5 felony false imprisonment if he or she confines or detains another person less than 18 years of age by means of tying, locking, caging, chaining, or otherwise restricting that person's freedom of movement by any instrumentality for an unreasonable amount of time under the circumstances. The bill states that the statutory privilege between a patient and a physician or between an individual and his or her spouse is not available for the purpose of excluding or refusing testimony in any prosecution for false imprisonment. The bill makes an appropriation. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Beginning January 1, 2020, an employer is allowed an income tax credit that is an amount equal to 35% of the employer's expenses incurred: Paying an employee during his or her leave of absence period, which is paid leave given to an employee for the purpose of making an organ donation, but which does not exceeding 10 working days or the hourly equivalent thereof; and For the cost of temporary replacement help, if any, during an employee's leave of absence period. An employer shall not claim a tax credit related to a leave of absence period for an employee who the employer pays wages of $80,000 or more during the income tax year. The tax credit is not refundable, but unused credits may be carried forward up to 5 years. Upon request of the department of revenue as part of an audit, a taxpayer must provide the department of revenue with documentation from the employee's medical provider that verifies the employee's organ donation. The department is granted an exception from a law that prohibits it from requesting medical records or medical information. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Section 1 of the bill establishes an office of the ombudsman for behavioral health access to care as an independent office within the office of the executive director of the department of human services to assist Coloradans in accessing behavioral health care. Section 3 requires the commissioner of insurance to report on issues related to mental health parity requirements. $85,695 is appropriated from the general fund to the department of human services to use for the office of the ombudsman for behavioral health access to care, and $8,355 is appropriated from the division of insurance cash fund to the division of insurance to implement the bill. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill requires the safe2tell program (program) to do the following: Provide training and support to all preschool, elementary, and secondary schools and school districts in Colorado regarding school safety related to the safe2tell program, including answering questions and discussing reports received by the program; Provide educational materials to all preschool, elementary, and secondary schools in Colorado aimed at preventing misuse of the program; Provide technical assistance and support to law enforcement officials and school officials when there is misuse of the program; and Analyze and follow up with law enforcement and schools to determine the outcome of a report made to the program, including actions taken on the report. The bill requires the safe2tell program to prepare a written report analyzing data from the previous year on or before each December 1, beginning in 2018. The report must include data from the preceding fiscal year concerning the following and any recommendations concerning the following: A summary of outcomes and actions taken on reports made to the program; The number of safe2tell reports by category, broken down by month; The total number of incidents of misuse of the program, broken down into categories; The number of reports received involving a single incident; The number of times safe2tell was used by a reporting party to make a threat against or otherwise harm another person; The number of times a reporting party was in crisis and was reporting to the program to obtain assistance and the time it took to identify the reporting party and respond; The effectiveness of the safe2tell dispatch center in the department of public safety; and Recommendations regarding how to improve the program based on the available data. The bill appropriates $164,920 from the marijuana tax cash fund and provides 1.6 FTE to the department of law to implement the act. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Sunset Process - House Judiciary Committee. The bill implements the recommendation of the department of regulatory agencies in its sunset review of the Colorado civil rights division and the Colorado civil rights commission to continue the commission and the division and their respective functions for 9 years, through September 1, 2027. The bill appropriates $1,642,843 to the department of regulatory agencies for the 2018-19 fiscal year for use by the civil rights division for personal services, operating expenses, hearings, and commission meeting costs. The appropriation assumes that the division will require 27.2 FTE to implement the bill. The bill also acknowledges, for informational purposes, that the civil rights division will receive $496,489 in federal funds for the 2018-19 fiscal year. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill allows county departments of human or social services to extend the provision of certain services for a successful adulthood to foster care youth between the ages of 18 and 21 who have exited the foster care system (former foster care youth), including assistance with employment, housing, education, financial management, mental health care, and substance abuse treatment (services for a successful adulthood). The bill also tasks the state department of human services with establishing a former foster care youth steering committee. The purpose of the steering committee is to develop recommendations for an implementation plan that supports the long-term provision of services for a successful adulthood for former foster care youth. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill states that it is unlawful for a seller, retailer, or vendor to knowingly or willfully dispense, sell, or distribute a finished drug product containing any quantity of dextromethorphan to a person less than 18 years of age. A seller, retailer, or vendor making a retail sale of a finished drug product containing any quantity of dextromethorphan must require and obtain proof of age from the purchaser before completing the sale unless the seller, retailer, or vendor reasonably presumes from the purchaser's outward appearance that the purchaser is at least 25 years of age. A seller, retailer, or vendor who violates the prohibition or who fails to obtain proof of age when required to do so commits an unclassified petty offense and, upon conviction thereof, shall be punished as follows: For a first offense, the court shall warn the seller, retailer, or vendor in writing; and For a second or subsequent offense, the seller, retailer, or vendor shall pay a fine of not more than $200. The prohibition does not apply to a medication containing dextromethorphan, which medication is sold pursuant to a valid prescription. It is an affirmative defense if the seller, retailer, or vendor is an employer and trains its employees concerning the bill's restrictions on the distribution of medications containing dextromethorphan. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Committee on Legal Services. Based on the findings and recommendations of the committee on legal services, the bill extends all state agency rules that were adopted or amended on or after November 1, 2016, and before November 1, 2017, with the exception of the rules specifically listed in the bill. Those specified rules will expire as scheduled in the "State Administrative Procedure Act" on May 15, 2018, on the grounds that the rules either conflict with statute or lack or exceed statutory authority.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Current law requires an individual who wishes to have a document notarized to appear personally before the notary public. The bill authorizes notaries public to perform a notarial act on behalf of an individual who is not in the notary's physical presence, but only with respect to an electronic document. To perform a 'remote notarization', a notary must use a tamper-evident electronic system that conforms to standards established by rules of the secretary of state, including using real-time audio-video communications and keeping an audio-video recording of the notarization for at least 10 years. The bill establishes the standards that a notary must comply with to have satisfactory evidence of the identity of the person seeking the remote notarization. A notary is prohibited from using information collected during a remote notarization other than as allowed by applicable federal or state law. The bill appropriates $42,895 to the department of state for the implementation of the act. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More

The bill makes numerous changes to statutes related to the process of determination of competency to proceed in a criminal case. Section 1 of the bill updates the definitions section of article 8.5 of title 16 to include new terminology. Section 2 of the bill makes changes in the regulation of a second competency evaluation (evaluation) requested by the court, including reducing the time frame that the prosecution or defense may request a second evaluation from 14 days to 7 days and clarifying that the department of human services (department) is not responsible for conducting a second evaluation. Section 3 of the bill concerns changes to competency evaluations and reports, including that: The court shall order the evaluation be conducted on an out-of-custody basis, unless otherwise provided. If the evaluation must be conducted on an in-custody basis, the department is required to begin the evaluation no later than 7 days after the department's receipt of a court order directing the evaluation. The department shall complete the evaluation no later than 45 days after receipt of the court order, unless for good cause shown; A defendant must have bond set unless they are otherwise ineligible for bond. The court shall determine the type of bond after consideration of factors. The court shall include as a condition of bond the defendant's cooperation with a competency evaluation; The court may order a defendant into the department's custody for purposes of an evaluation under stated circumstances; If the defendant is in the custody of the department, provisions for returning the defendant to the custody of the county jail or to the community are set forth; The competency evaluation report (report) must include: If the defendant is determined to be incompetent to proceed, whether or not there is a substantial probability that he or she can be restored to competency within the allowable time frame and whether inpatient or outpatient restoration services are recommended; If available, information on previous evaluations or restoration services provided to the defendant; and If the defendant meets the criteria for civil certification or is eligible for services for individuals with intellectual and developmental disabilities. If the report concludes that the defendant is incompetent to proceed, the department may initiate restoration services unless either party objects within 72 hours after receipt of the report; Sections 4, 5, and 6 of the bill outline procedures to follow after a determination of competency or incompetency to proceed, including that: If the defendant is released on bond, a determination of whether restoration services are to be provided on an outpatient or inpatient basis. If the defendant is ordered to outpatient restoration services and he or she is uncooperative or fails to begin services, the individual agency responsible for providing restoration services shall notify the court within 28 days; The department is the entity responsible for the development of restoration curricula and necessary training to create outpatient restoration services in any setting; If the defendant remains in custody, the court shall order the department to provide restoration services at the place where the defendant is in custody and if the department has no available beds for inpatient restoration services if inpatient restoration services are recommended. The department shall begin outpatient restoration services as soon as practicable after a court's order; The court shall commit the defendant to the custody of the department for inpatient restoration services if the defendant has not been restored to competency within 150, unless the timeline is extended for good cause shown. The timeline must exclude time during which the defendant refuses to accept services or treatment; For a defendant who is receiving outpatient and in-custody restoration services, the court shall review the case every 30 days to assess the defendant's progress toward restoration to competency; If outpatient restoration services have been ordered and the department is unable to provide such services, the court may commit the defendant to the department's custody until outpatient services are available; If inpatient restoration services have been ordered, the most clinically appropriate setting must be used; and The bill reduces the time that either party may request a second evaluation from 14 days to 7 days after receipt of a report concerning competency. If a second evaluation is allowed, the second evaluation report must be completed and filed with the court within 42 days, as opposed to the current requirement of 63 days. Section 7 of the bill outlines the options for reviews, civil certification (certification), provision of services for persons with intellectual and developmental disabilities (provision of services), and termination of proceedings (termination), including that: Time periods for review and final determinations related to certification, provision of services, and termination are established for different levels of offenses; In no instance may confinement exceed the maximum term of confinement that could be imposed for the most serious offense with which the defendant is charged, less any time credits the defendant is entitled to; At the end of any maximum amount of time, the court shall dismiss the charges and any certification proceedings or provision of services are to be governed by appropriate laws; The court is required to review the defendant's case at least every 3 months with regard to the probability that the defendant will eventually be restored to competency and to whether there is justification for certification or confinement. The court shall review a current evaluation report that includes information on whether there is a substantial probability the defendant will be restored to competency within the allowable time frame, and if the defendant meets the criteria for certification or the provision of services; If the defendant is charged with a misdemeanor, misdemeanor drug offense, or petty offense, excluding victim's rights offenses; and has been committed to the custody of the department or otherwise confined for an aggregate period of 3 months, and the court determines that he or she remains incompetent to proceed and there is not a substantial probability that he or she will be restored to competency within the next 3 months, the court shall dismiss the charges against the defendant. If the court determines there is a substantial probability that the defendant will be restored to competency within the next 3 months, restoration services may continue for another 3 months. After 6 months, the court shall dismiss the charges against the defendant; If the defendant is charged with a class 5 or class 6 felony, excluding victim's rights offenses, a level 3 or level 4 drug felony, or any misdemeanor offense not otherwise included in earlier section, and has been committed to the custody of the department or otherwise confined for an aggregate period of 1 year, and the court determines that he or she remains incompetent to proceed and there is not a substantial probability that he or she will be restored to competency within the next six months, the court shall dismiss the charges against the defendant. If the court determines there is a substantial probability that the defendant will be restored to competency within the next six months, restoration services may continue for another six months. After 18 months, the court shall dismiss the charges against the defendant; If the defendant is charged with any other felony offense, except a class 1, class 2, or class 3 felony, a sex offense, a crime of violence, or a level 1 or level 2 drug felony, and has been committed to the custody of the department or otherwise confined for an aggregate period of 3 years, and the court determines that he or she remains incompetent to proceed and there is not a substantial probability that he or she will be restored to competency within the next year, the court shall dismiss the charges against the defendant. If the court determines there is a substantial probability that the defendant will be restored to competency within the next year, restoration services may continue for another year. After 4 years, the court shall dismiss the charges against the defendant, unless any party objects. If a party objects to dismissal of charges, the court shall set the matter for a hearing; Prior to the dismissal of any charges, the court shall identify whether the defendant meets the requirements for certification or provision of services. If so, the court may stay the dismissal for 21 days and notify the department and county attorney in the relevant jurisdiction of the pending dismissal; and Certification proceedings may be brought against a defendant at any time. Sections 8, 9, 10, and 11 of the bill provide that officers of the judicial branch, district attorneys, public defenders, and attorneys for the office of alternate defense counsel should receive training concerning determinations of competency to proceed for juveniles and adults, evaluation reports, services to restore competency, and certification proceedings.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More