In determining bond or an alternative sentence for a pregnant or postpartum defendant (defendant), the act creates a rebuttable presumption against detention and incarceration of a defendant if the defendant provides the court and district attorney with notice of the defendant's status as a pregnant or postpartum defendant at each applicable stage of the court proceedings. If the court decides to detain or incarcerate the defendant, the act requires the court to make specific findings on the record that the risk to public safety, or any other factor the court is required to consider, is substantial enough to outweigh the risks related to incarceration. Notwithstanding the provisions of the act, a court shall not: Set bond or release the pregnant or postpartum defendant on bond if the pregnant or postpartum defendant is ineligible for bond; Accept an agreement or impose an alternative sentence if the pregnant or postpartum defendant is ineligible for a diversion program, deferred judgment, probationary sentence, or another form of alternative sentence; or Apply the rebuttable presumption if a pregnant or postpartum defendant was convicted of a crime of violence. If a defendant is arrested or in custody at a county jail or correctional facility, the defendant may request a pregnancy test following admission to the county jail or correctional facility. Staff at the county jail or correctional facility shall provide a pregnancy test to the defendant within 24 hours after the request. Requesting the test, taking the test, and results of the test are confidential medical information and must not be disclosed, except when the defendant receives medical care. The act allows a court to consider the following forms of alternative sentencing for a defendant: A diversion; A deferred judgment and sentence; or A stay of execution (stay). If the defendant is convicted of a new crime or violates substantive conditions imposed by a court while a stay is imposed, the court may add conditions, issue warrants, end the stay, or continue the stay. The act applies to pregnant or postpartum juveniles (juvenile). In determining commitment, bond, or an alternative sentence for a juvenile, the act creates a rebuttable presumption against detention and commitment if the juvenile provides the court and district attorney with notice of the juvenile's status as a pregnant or postpartum juvenile at each applicable stage of the court proceedings. If the court decides to detain or commit the juvenile, the act requires the court to make specific findings on the record that the risk to public safety, or any other factor the court is required to consider, is substantial enough to outweigh the risks related to detention or commitment. The act allows the following forms of alternative sentencing for a juvenile: A diversion; A deferred judgment and sentence; or A stay. Notwithstanding the provisions of the act, a court shall not: Set bond or release the pregnant or postpartum juvenile on bond if the pregnant or postpartum juvenile is ineligible for bond; Accept an agreement or impose an alternative sentence if the pregnant or postpartum juvenile is ineligible for a diversion program, deferred judgment, probationary sentence, or another form of alternative sentence; or Apply the rebuttable presumption if a pregnant or postpartum juvenile was convicted of a crime of violence. Current law requires a court to admit in a criminal proceeding information that is reported by mandatory reporters related to a defendant's substance use discovered in the course of medical care related to pregnancy. The act eliminates the requirement. APPROVED by Governor May 23, 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.)
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The act amends the regulatory framework for natural medicine and natural medicine product. The act requires the director of the division of professions and occupations to: Regulate facilitators and the practice of regulation, including issuing licenses for facilitators; Promulgate rules necessary for the regulation of facilitators and the practice of facilitation; and Perform duties necessary for the implementation and administration of the "Natural Medicine Health Act of 2022", including investigatory and disciplinary authority. The act creates the natural medicine advisory board (board). The board's duties include examining issues related to natural medicine and natural medicine product, and making recommendations to the director of the division of professions and occupations and the executive director of the state licensing authority. The act creates the federally recognized American tribes and Indigenous community working group (working group). The working group's duties include studying issues related to legalizing and regulating natural medicine and natural medicine product, the effect of legalization and regulation on federally recognized American tribes and Indigenous people and communities, and making recommendations to the director of the division of professions and occupations and the board. The act creates within the department of revenue the natural medicine division for the purpose of regulating and licensing the cultivation, manufacturing, testing, storage, distribution, transport, transfer, and dispensation of natural medicine or natural medicine product between natural medicine licensees. The act requires the natural medicine division to: Regulate natural medicine, natural medicine product, and natural medicine businesses, including healing centers, cultivators, manufacturers, and testers, and issue licenses for such businesses; Promulgate rules necessary for the regulation of natural medicine, natural medicine product, and natural medicine businesses; and Perform duties necessary for the regulation of natural medicine, natural medicine product, and natural medicine businesses, including investigatory and disciplinary authority. The act requires the department of revenue to coordinate with the department of public health and environment concerning testing standards of regulated natural medicine and natural medicine product. The act requires a sunset review for the articles governing the department of regulatory affairs and the department of revenue in the regulation of natural medicine, natural medicine product, facilitators, and natural medicine businesses. The act states that: A person who is under 21 years of age who knowingly possesses or consumes natural medicine or natural medicine product commits a drug petty offense and is subject to a fine of not more than $100 or not more than 4 hours of substance use education or counseling; except that a second or subsequent offense is subject to a fine of not more than $100, not more than 4 hours of substance use education or counseling, and not more than 24 hours of useful public service; A person who openly and publicly consumes natural medicine or natural medicine product commits a drug petty offense and is subject to a fine of not more than $100 and not more than 24 hours of useful public service; A person who knowingly cultivates natural medicine is required to do so on the person's private property, subject to area and physical security requirements. A person who violates this provision commits a drug petty offense and is subject to a fine of not more than $1,000. A person who is not licensed to manufacture natural medicine product and who knowingly manufactures natural medicine product using an inherently hazardous substance commits a level 2 drug felony; Unless expressly limited, a person who, for the purpose of personal use and without remuneration, possesses, consumes, shares, cultivates, or manufactures natural medicine or natural medicine product does not violate state or local law; except that nothing permits a person to distribute natural medicine or natural medicine product to a person for certain unlawful purposes; Unless expressly limited, a person who performs testing on natural medicine or natural medicine product for another person who is 21 years of age or older who submits for testing natural medicine or natural medicine product intended for personal use does not violate state or local law; A peace officer is prohibited from arresting, and a district attorney is prohibited from charging or prosecuting, a person for a criminal offense pursuant to part 4 of article 18 of title 18 involving natural medicine or natural medicine product, unless expressly provided by the act; A lawful action related to natural medicine or natural medicine product must not be the sole reason to subject a person to a civil penalty, deny a right or privilege, or seize assets; A lawful action related to natural medicine or natural medicine product must not be used as the sole factor in a probable cause determination of any criminal offense; except that an action may be used in such determination if the original stop or search was lawful and other factors are present to support a probable cause determination of any criminal offense; The fact that a person is entitled to consume natural medicine or natural medicine product does not constitute a defense against any charge for violation of an offense related to operation of a vehicle, aircraft, boat, machinery, or other device; A local jurisdiction is prohibited from adopting, enacting, or enforcing a conflicting law; and A person or entity who occupies, owns, or controls a property may prohibit or otherwise regulate the cultivation or manufacture of natural medicine or natural medicine product on or in that property. The act states that the juvenile court has exclusive original jurisdiction in proceedings concerning a juvenile 10 years of age or older who has violated an offense concerning natural medicine or natural medicine product. Furthermore, the juvenile court and county court have concurrent jurisdiction over a juvenile who is 10 years of age or older who has violated an offense concerning natural medicine product; except that if the juvenile court accepts jurisdiction, the county court jurisdiction terminates. The act states that an act involving natural medicine or natural medicine product that is performed by a person: Does not solely constitute child abuse or neglect, or grounds for restricting or prohibiting family time; Does not constitute an offense such that its possession or use constitutes a violation of conditions of probation or parole; Does not solely constitute grounds for denying health insurance coverage; Does not solely constitute grounds for discrimination for organ donation; and Must not be considered for public assistance benefits eligibility, unless required by federal law. The act makes a person eligible to file a motion to have conviction records related to natural medicine or natural medicine product sealed. Under federal law, certain expenses are disallowed under section 280E of the internal revenue code. Under state law, the state income tax code permits taxpayers who are licensed under the "Colorado Marijuana Code" to subtract expenses that are disallowed by section 280E of the internal revenue code. The act expands this permission to taxpayers who are licensed under the "Colorado Natural Medicine Code". For the 2023-24 state fiscal year, the act appropriates: $733,658 from the general fund to the department of revenue, of which, $190,332 is reappropriated to the department of law; $101,150 from the legal services cash fund to the department of law; and $838,402 from the general fund to the department of public health and environment. APPROVED by Governor May 23, 2023 EFFECTIVE July 1, 2023 (Note: This summary applies to this bill as enacted.)
The act creates the biochar in oil and gas well plugging working advisory group (work group) in the oil and gas conservation commission (commission). The act also requires Colorado state university (university) to conduct various studies and laboratory work on the use of biochar in the plugging of oil and gas wells and, no later than June 1, 2024, report the results of the studies and laboratory work to the work group. If, based on the report, the work group determines that a pilot program to study the use of biochar in the plugging of oil and gas wells would have a positive impact on the state, the work group must direct the university to make recommendations regarding the development of a pilot program. No later than December 1, 2024, the university must submit a draft report of its recommendations to the work group. No later than December 15, 2024, the university shall, in consultation with the work group, create a final report and submit the final report to the director of the commission. For the 2023-24 state fiscal year, the act appropriates $370,140 from the oil and gas conservation and environmental response fund (fund) to the department of higher education for use by the board of governors of the university for the work group. For the 2023-24 state fiscal year, the act appropriates $5,600 from the fund to the department of natural resources for use by the commission for program costs related to the act. APPROVED by Governor May 18, 2023 EFFECTIVE May 18, 2023 (Note: This summary applies to this bill as enacted.)
The act requires the office of future of work (office) to contract with a third party to study workforce transitions in Colorado's economy. The office will request proposals from private or public entities to bid on performing the study. The workforce transitions study (study) must: Evaluate the skill transferability of workers in the oil and gas industry and in occupations in Colorado that are facing the most disruption due to automation; Explore training availability, skills needed, and transition strategies; and Provide recommendations for programs and policies to prepare the workforce for these transitions. On or before December 1, 2024, the office is required to submit a report of the study's research and findings to the governor and to specified legislative committees of reference. The office is also required to issue an update on the key findings of the study to the governor and specified legislative committees of reference by August 1, 2024. For the 2023-24 state fiscal year, the act requires the general assembly to appropriate $317,318 from the general fund to the department of labor and employment for use by the executive director's office. APPROVED by Governor May 16, 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 transfers certain administrative responsibilities from: The behavioral health administration (BHA) to the department of human services (department); The office of behavioral health (OBH) to the department; OBH to the BHA; and The department to the BHA. The act repeals OBH as an office in the department. The act requires the chief information officer of the office of information technology to invite the commissioner of the BHA to select a member to represent the BHA on the government data advisory board. The act adds the commissioner of the BHA to the health equity commission. The act states that the BHA is a health oversight agency charged with overseeing the behavioral health-care system in Colorado and discharging the BHA's duties. The act authorizes the BHA to seek, accept, and expend gifts, grants, or donations for the purpose of administering any behavioral health program and service. The act requires a behavioral health safety net provider to include services that address the necessary language and cultural barriers to serve communities of color and other underserved populations. Current law requires the department of public health and environment to continue issuing and renewing behavioral health entity licenses until June 30, 2023. The act extends the date to December 31, 2023. The act requires the statewide behavioral health safety net system to include services for adults who have a serious mental illness and children and youth who have a serious emotional disturbance. The act authorizes the BHA to revoke or refuse to renew a behavioral health entity's license if the owner, manager, or administrator of the entity has been convicted of a felony or misdemeanor involving conduct that the BHA determines could pose a risk to the health, safety, or welfare of the entity's consumers. The act requires the BHA to include in the contract for designated behavioral health administrative services organizations (BHASO) a requirement that the BHASO perform appropriate fiscal management and quality oversight of providers in its network. Current law requires the BHA to create one regional subcommittee of the advisory council for each behavioral health administrative services organization region. The act requires the BHA to create a regional subcommittee structure as part of the BHASO to promote local community input pertaining to behavioral health service needs. The act adds certain members to the regional subcommittee. The act requires the BHA to serve as the central organizing structure and responsible entity for jail-based behavioral health services. Current law requires the commissioner to select and contract with regionally based behavioral health organizations to establish, administer, and maintain adequate networks of behavioral health safety net services and care coordination no later than July 1, 2024. The act extends the date to July 1, 2025. For state fiscal year 2023-24, the act requires the BHA to safeguard partnerships between community-based behavioral health providers and rural hospitals by allocating money to community-based behavioral health providers. To implement the care navigation program, the act requires the BHA to provide, directly or through contract, care navigation services and align the care navigation services with the care coordination infrastructure. The act continuously appropriates money to the 988 crisis hotline cash fund. Current law specifies the rights of a person detained by a certified peace officer or emergency medical services provider and transported to an outpatient mental health facility or facility designated by the commissioner of the BHA. The act expands the rights to any person detained whether or not the person is transported to an outpatient mental health facility or facility designated by the commissioner of the BHA. If a person detained is transported to an emergency medical services facility, the transportation hold expires upon the facility receiving the person for screening by an intervening professional. Current law states the BHA is responsible for licensing mental health residential facilities on and after July 1, 2023. The act extends the date to October 1, 2023. The act extends the date that behavioral health entities can legally operate without a license from July 1, 2024, to January 1, 2024. The act decreases the general fund appropriation for use by the BHA and increases the general fund appropriation for use by the OBH for jail-based behavioral health services by $2,250,400. APPROVED by Governor May 16, 2023 EFFECTIVE May 16, 2023 (Note: This summary applies to this bill as enacted.)
The act addresses issues related to a determination of juvenile competency to proceed (competency) and restoration of competency (restoration). The act allows: The district attorney, defense attorney, guardian ad litem, department of human services, a competency evaluator, a restoration treatment provider, and the court, without written consent of the juvenile or further order of the court, to access competency evaluations and restoration evaluations, including all second evaluations; information and documents related to competency evaluations; the competency evaluator, for the purpose of discussing the competency evaluation; and the providers of court-ordered restoration services for the purpose of discussing such services; Parties to exchange names, addresses, reports, and statements of physicians or psychologists who examined or treated the juvenile for competency; The court or any party to raise, at any time, the issue of a need for a restoration evaluation of the juvenile's competency; and A juvenile to be examined by a competency evaluator of the juvenile's own choice and to request a second evaluation in response to a court-ordered competency evaluation or a court-ordered restoration evaluation. If the court determines that the juvenile is incompetent to proceed and unlikely to be restored to competency in the reasonably foreseeable future, a time frame is set forth for the dismissal of charges based on the severity and type of charge. For the 2023-24 state fiscal year, $120,000 is appropriated to the judicial department from the general fund. The judicial department may use this appropriation for mandated costs for the office of the state public offender and the office of the alternate defense counsel. APPROVED by Governor June 5, 2023 EFFECTIVE August 7, 2023 (Note: This summary applies to this bill as enacted.)
The act requires the department of human services to promulgate rules that facilitate communication and family time between children and their parents who are incarcerated. The act requires the court to appoint counsel for a respondent parent who is incarcerated, unless the court determines the respondent is able to financially secure counsel or chooses to proceed without counsel. The act requires the court and the prison or jail where the parent is incarcerated to facilitate the parent's attendance and participation in proceedings for the parent's dependency and neglect case. Under current law, after an order of adjudication in a dependency and neglect case, the court holds a dispositional hearing. The act requires, except in instances when the proposed disposition is termination of the parent-child legal relationship, if a child's parent is incarcerated, that the county department of human services include information in the report that details the services and treatment available to a parent at the facility or jail where the parent is incarcerated. Under current law, the court may terminate the parent-child legal relationship based on statutorily created circumstances. The act eliminates the parent's incarceration and related conditions as a basis for terminating the parent-child relationship. Under current law, if the court finds that there is not a substantial probability that the child will be returned to a parent or legal guardian within 6 months and the child satisfies criteria for adoption, the court may require the county department of human services to show cause why it should not file a motion to terminate the parent-child legal relationship. The act states that such cause may exist if the parent is incarcerated, detained by the United States department of homeland security, or deported and has maintained a meaningful and safe relationship with the child while incarcerated, detained, or deported. If a child's parent is incarcerated and the parent has maintained a meaningful and safe relationship with the child while incarcerated, the court shall make findings regarding whether a permanent placement for the child exists that permits the parent to maintain a relationship with the child, including guardianship or allocation of parental responsibilities, giving primary consideration to the child's mental, physical, and emotional needs. The act requires the department of corrections to: Develop opportunities and promulgate policies to facilitate continued relationships between children and their parents who are incarcerated; Designate a family services coordinator, who is responsible for duties related to children and their parents who are incarcerated; and Create and submit an annual report to the judiciary committees of the senate and house of representatives concerning parents who are incarcerated, and make the report publicly available. The act requires each sheriff to designate one individual responsible for communicating between the jail and county department of human services concerning children subject to an open dependency and neglect case whose parents are incarcerated in the jail. For the 2023-24 state fiscal year, the act appropriates: $31,110 to the department of corrections from the general fund; $15,111 to the department of human services from the general fund, and assumes the department of human services will receive $4,481 in federal funds; and $7,425 to the judicial department from the general fund for use by the trial courts. APPROVED by Governor May 15, 2023 EFFECTIVE January 1, 2024 (Note: This summary applies to this bill as enacted.)
The act requires the commissioner of insurance (commissioner) to prepare an annual report on the cost of reconstructing homes in Colorado. Current law prohibits an insurer from canceling or refusing to renew a policy of homeowner's insurance unless the insurer mails notice to the insured at least 30 days in advance of the effective date of the cancellation of or refusal to renew the policy. The act increases the notice requirement to 60 days in advance of the action. The act specifies the factors an insurer must consider when determining the reconstruction costs of a dwelling and requires insurers to disclose certain information regarding the replacement costs before issuing or renewing a homeowner's insurance policy. Current law requires an insurer to offer an applicant extended replacement cost and law and ordinance coverage before issuing or renewing certain replacement cost homeowner's insurance policies. The act requires the coverage to be: Equal to 20% of the limit of insurance for the dwelling for law and ordinance coverage (changed from 10%); and At least 50% of the limit of the insurance for the dwelling for extended replacement cost coverage (changed from 20%). To implement the act: $109, 955 is appropriated to the department of regulatory agencies for use by the division of insurance; and $38,066 is appropriated to the department of law. APPROVED by Governor May 12, 2023 PORTIONS EFFECTIVE August 7, 2023 PORTIONS EFFECTIVE January 1, 2025 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die; except that, section 10-4-110.8 (8), Colorado Revised Statutes, as amended in section 3 of the act, takes effect January 1, 2025. (Note: This summary applies to this bill as enacted.)
The act creates a sales and use tax exemption for construction and building materials used directly in rebuilding or repairing a residential structure damaged or destroyed by a declared wildfire disaster in calendar year 2020, 2021, or 2022 (wildfire rebuild exemption). In addition to the state sales and use tax, the wildfire rebuild exemption extends to the sales and use taxes levied by the regional transportation district and the scientific and cultural facilities district. The exemption does not apply to the sales or use taxes levied by any other local government, including any city, town, county, special purpose district, or limited purpose governmental entity. The exemption is to be administered by the department of revenue (department) solely as a refund allowed to qualified homeowners. To be qualified, a homeowner must certify that: The homeowner was the owner of the residential structure to be repaired or rebuilt (qualified residential structure) at the time it was damaged or destroyed by the declared wildfire disaster; and The replacement cost for the qualified residential structure exceeds the homeowner's coverage under any homeowner's insurance policy associated with the structure. A qualified homeowner may claim a refund by obtaining and submitting to the department a building permit and a wildfire rebuild exemption certificate for each qualified residential structure from the local government authorized to issue a building permit in the area in which the qualified residential structure is located. The amount of the refund is equal to 4.0% of the estimated construction and building materials cost for repairing or rebuilding the qualified residential structure. The estimated construction and building materials cost is the cost amount used by the local government to collect estimated use tax, as stated in the building permit. If no estimated use tax has been collected, the estimated construction and building materials cost is half of the total contract price or total cost for rebuilding or repairing the qualified residential structure. The act amends the 3-year statute of limitations for state sales and use tax refund claims to allow a qualified homeowner to claim a refund based on the wildfire rebuild exemption at any time on or before June 30, 2028. The act also requires the department to prioritize refund applications based on the wildfire rebuild exemption over refund applications submitted pursuant to other provisions of law. For the 2023-24 state fiscal year, $72,267 is appropriated from the general fund to the department for use by taxation services to implement the act. APPROVED by Governor May 12, 2023 EFFECTIVE May 12, 2023 (Note: This summary applies to this bill as enacted.)
The act creates an unincorporated public entity, the fair access to insurance requirements plan association (association), to provide property insurance coverage when such coverage is not available from admitted companies. The association must: Establish, offer, and maintain a property insurance policy and a commercial property insurance policy that satisfy the requirements specified in the act; and Assess and share among member insurers all expenses, income, and losses based on each member insurer's written premium for property and commercial property insurance in the state. The association is managed by a board of directors consisting of 9 members appointed by the governor. The board is required to administer the fair access to insurance requirements plan (FAIR plan). The FAIR plan must include rates that: Are not excessive, inadequate, or unfairly discriminatory; Are actuarially sound so that revenue generated from premiums is adequate to pay for expected losses, expenses, and taxes; Reflect the investment income of the FAIR plan; and Reflect the cost of reinsurance or other capital risk transfer markets. The board must establish a plan of operation for the FAIR plan. The plan of operation must provide for: The lines of insurance coverages to be written; Coverage limits not to exceed $750,000 for property and $5,000,000 for commercial property owners; The policy forms to be used; The perils to be covered; The establishment of reasonable underwriting standards to determine the eligibility of a risk, including mitigation requirements and property inspections; The compensation and commissions to be paid to licensed producers offering the FAIR plan; The time frames for fees to be collected from member insurers; Proportional assessments against member insurers; The administration of the plan of operation by the board; and Any other matter necessary or convenient for the purpose of assuring fair access to a FAIR plan. The FAIR plan association may collect fees from member insurers and the commissioner of insurance may suspend or revoke a member insurer's certificate of authority to transact insurance business in this state or impose against the member insurer a fine in an amount equal to the greater of the fee plus interest or $5,000 for the member insurer's failure to timely pay a fee or to comply with the plan of operation for the FAIR plan. APPROVED by Governor May 12, 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.)