Sen. Judy Amabile

The act allows an enrollee in the state medicaid program or with a private health insurance carrier whose coverage has been terminated or not renewed to receive continued care with the enrollee's same health-care provider or health-care facility under the enrollee's new health benefit plan at the in-network level under the enrollee's new health benefit plan for specified time periods if certain conditions exist. APPROVED by Governor April 4, 2024 EFFECTIVE January 1, 2025(Note: This summary applies to this bill as enacted.)

Under current law, the statute of limitation to bring a claim against a real estate appraiser does not commence until the party filing the claim discovers, or should discover, an alleged defect in the appraisal. The bill requires a claimant to bring an action against a real estate appraiser or individual performing a real estate appraisal practice within 3 years after the date of report; except that, if a cause of action arises during the third year after the date of report, the action must be brought within 2 years after the date the cause of action arose 5 years after the date of report. The bill does not apply to actions for fraud brought against a real estate appraiser or individual performing an appraisal practice. (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 act creates the alternative metrics to measure criminal justice system performance working group (working group). The working group consists of: Representatives from the division of youth services in the department of human services, the department of corrections, the judicial department, and the department of public safety; and 2 members from an institution of higher education with expertise in the criminal legal system and two members from a community-based organization that works for criminal legal reform. The working group shall consult with stakeholders either identified by the working group or who request to participate. The act requires the working group to study metrics and methods, other than measuring recidivism, to: Supplement the current measure of recidivism; Measure risk-reduction outcomes; Comprehensively measure successful outcomes that consider various aspects of life, including employment, housing, education, mental health, personal well-being, social supports, and civic and community engagement; and More effectively measure criminal justice system performance. The working group is required to submit a report to the house of representatives public and behavioral health and human services committee and judiciary committee and the senate health and human services committee and judiciary committee on or before July 1, 2025. The report must include a summary of the working group's work and any recommendations of the working group. APPROVED by Governor March 6, 2024 EFFECTIVE March 6, 2024(Note: This summary applies to this bill as enacted.)

The act requires the division of criminal justice in the department of public safety to convene a working group to develop a definition of "recidivism" to be used by each state entity that collects data or reports on recidivism, in any report issued by the entity. The working group consists of: Representatives of the judicial department, the department of corrections, the division of youth services in the department of human services, the state board of parole, and the department of public safety; A member from an institution of higher education; and A representative from a community-based organization that works for criminal legal reform and supports consistent data collection. The working group shall develop a definition of "recidivism" no later than January 15, 2025. The definition must include: A clearly defined measurement point to begin tracking recidivism; A clear description of the cohort to be tracked; That the recidivism event is a new deferred agreement or adjudication or conviction for a felony or misdemeanor offense, including "Victim Rights Act" crimes; and A clearly defined time period during which an event is considered a recidivism event, consistent with best practices for measuring recidivism. Each state entity that collects data or reports on recidivism in any report issued by the entity shall begin using the working group's definition on July 1, 2025. Subject to available resources, and before January 15, 2025, the working group may develop definitions of other metrics or data points related to recidivism or the desistance from crime that state entities may use. APPROVED by Governor March 6, 2024 EFFECTIVE March 6, 2024(Note: This summary applies to this bill as enacted.)

The bill creates the agricultural workforce mental health and suicide prevention program (program) in the department of agriculture (department). The purpose of the program is to address the challenges facing agricultural workers and to provide agricultural workers mental health support, suicide prevention services, and crisis management services. As part of the program, the department shall: Create a public awareness campaign to promote suicide prevention among agricultural workers; Contract with a nationally recognized nonprofit organization to offer a free and confidential crisis support hotline for agricultural workers; Develop a mental wellness plan for agricultural workers who are affected by a natural disaster and its financial and industry-related repercussions; Coordinate suicide prevention and crisis management services with state agencies, including the department of human services and the behavioral health administration; Collaborate with the behavioral health administration to ensure callers to the 988 crisis hotline and callers to the crisis support hotline are served; and Collect data on the program and recommend legislative changes as necessary. The bill requires the department to submit a report summarizing the data collected on the program and recommendations on or before September 1, 2025, and September 1 every other year thereafter, to the house of representatives agriculture, water, and natural resources committee and the senate agriculture and natural resources committee, or their successor committees. (Note: This summary applies to this bill as introduced.)

The act removes the requirement that if a defendant is in jail or an inpatient setting, a finding that the defendant is an imminent danger to the defendant's self or others is required for the competency evaluation and report. If the competency evaluation determines that the defendant meets the criteria for civil certification and inpatient services, the behavioral health administration (BHA) shall, directly or through a contract, provide care coordination services for the defendant. If the court orders, as a condition of bond, that restoration to competency take place on an outpatient basis, the department of human services is responsible for the oversight of restoration education and coordination of services. Under specific conditions, the act allows that upon petition of the district attorney, a professional person, a representative of the BHA, a representative of the office of civil and forensic mental health, or other responsible person, a court may certify a respondent for short-term treatment in the custody of the BHA for not more than 3 months without requiring an emergency 72-hour hold. A court shall not accept a petition for certification for short-term treatment unless the respondent has a documented refusal to certified treatment. Upon filing of the petition, the court shall immediately appoint an attorney to represent the respondent. The respondent's attorney may request a jury trial within 14 days after receipt of the petition. The respondent has the right to an attorney for all proceedings conducted related to the respondent's competency and certification for treatment and services. The respondent may, at any time, file a written request to contest the petition, in which case the court shall set the hearing no later than 14 days after the petition was filed. If, after hearing all of the relevant evidence, the court finds grounds for certification have been established by clear and convincing evidence and that the BHA is able to provide adequate and appropriate treatment for the respondent that will likely be beneficial to the respondent's recovery, the court shall commit the respondent to the BHA's custody. APPROVED by Governor June 7, 2023 EFFECTIVE July 1, 2024. NOTE: This act was passed without a safety clause. (Note: This summary applies to this bill as enacted.)

The act clarifies that the department of corrections (DOC) shall provide voice penal communications services, and may supplement these services with other communication services, including video calls or electronic mail or messaging, (penal communication services) to persons in DOC custody in a correctional facility or private prison in the state. In administering the penal communications services, the DOC is prohibited from receiving any revenue, including commissions or fees, and the penal communications services, excluding video calls or electronic mail or messaging, must be free of charge to the person initiating and the person receiving the call. DOC shall provide the free penal communication services according to a staggered implementation timeline, as follows: Beginning September 1, 2023, through June 30, 2024, DOC shall cover 25% of the total penal communication services costs; Beginning July 1, 2024, through June 30, 2025, DOC shall cover 35% of the total penal communication services costs; and Beginning July 1, 2025, and thereafter, DOC shall cover 100% of all penal communication services costs. The department of human services, in its role overseeing juvenile detention facilities, shall provide voice communications services, and may supplement these services with other communication services, including video calls or electronic mail or messaging, in those facilities and is prohibited from receiving any revenue from the communications services, including commissions or fees, and the communications services must be free of charge to the person initiating and the person receiving the call. For the 2023-24 state fiscal year, $229,783 is appropriated to the department of corrections from the general fund for use by institutions. The department may use this appropriation for inmate telephone calls related to the superintendent's subprogram. APPROVED by Governor June 7, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

The act establishes the Colorado fostering success voucher program (program) in the department of human services (DHS). The purpose of the program is to provide housing vouchers and case management services to eligible youth. Case management service agencies are eligible to participate in the program if they are currently participating in a certain type of foster youth program. Eligibility criteria for youth include: Being at least 18 years of age but less than 26 years of age; Having had prior experience in one of several ways with the foster care or kinship care system; Experiencing homelessness or being at imminent risk of homelessness and agreeing to receive case management services; Being a Colorado resident; and Having an income level below that determined by the state department of local affairs (DOLA). DHS and DOLA shall develop a joint administration and implementation plan for the program. Availability, standards, and services for the program are listed in the act. For the 2023-24 state fiscal year, $2,674,677 is appropriated from the general fund to the department of human services for use by the division of child welfare. The division may use this appropriation for preventing youth homelessness and implementation of this act. For the 2023-24 state fiscal year, the general assembly anticipates that the department of human services will receive $22,096 in federal funds for use by the division of child welfare to implement this act. APPROVED by Governor June 5, 2023 EFFECTIVE June 5, 2023 (Note: This summary applies to this bill as enacted.)

The act requires the department of corrections (department), by July 1, 2027, to implement policies and practices that conform to nationally recognized minimum standards concerning restraint and seclusion standards of inmates. The act requires the department to uniformly document restraint incidents. The act requires certain facilities to perform an evaluation of every individual at intake to assess the individual's risk of self-harm behaviors and whether the individual has previously been subjected to four-point restraints. The act prohibits the use of an involuntary medication on an individual, unless: The individual is determined to be dangerous to the individual's self or another person and the treatment is in the individual's medical interest; All less restrictive alternative interventions have been exhausted; and The involuntary medication is administered after exhaustion of procedural requirements, including majority approval by an involuntary medication committee comprised of medical professionals and the superintendent of the facility. The act requires the department to submit an annual report to the judiciary committees of the senate and house of representatives with data concerning the use of restraints and involuntary medication in the preceding calendar year, and present the findings at the department's annual "SMART Act" hearing. The act requires the department to include specific data concerning the placement of individuals in settings with heightened restrictions in its annual administrative segregation report. For the 2023-24 state fiscal year, the act appropriates $18,872 to the from the general fund, of which $12,000 is reappropriated to the office of information technology. APPROVED by Governor June 5, 2023 EFFECTIVE June 5, 2023 (Note: This summary applies to this bill as enacted.)

The act requires the state department of human services (state department) to contract with an independent third party to conduct a feasibility study to determine the feasibility of creating a system to support individuals with serious mental illness through a collaboration between Colorado's behavioral health and judicial systems. The act requires the state department to work with the behavioral health administration, department of local affairs, department of public safety, department of health care policy and financing, judicial department, and other state agencies to determine the eligibility requirements and application process for selecting the independent third party. The act requires the state department to submit a report detailing the findings and recommendations from the feasibility study to the general assembly, the governor's office, and impacted state agencies by March 1, 2024. The act appropriates $300,000 to the state department in state fiscal year 2023-24 for purposes of conducting the feasibility study. The appropriation consists of $160,000 from the general fund and $140,000 from the behavioral and mental health cash fund. APPROVED by Governor May 30, 2023 EFFECTIVE May 30, 2023 (Note: This summary applies to this bill as enacted.)