The act implements various recommendations of the legislative oversight committee concerning the treatment of persons with mental health disorders in the criminal and juvenile justice systems regarding juveniles who have committed sex offenses, including:Specifying that if a juvenile who is moving to Colorado would be otherwise required to register on Colorado's sex offender registry (registry) but the juvenile's duty to register in another state has been terminated by a court order, then the juvenile is not required to register or petition the court for removal from the registry; Expanding judicial discretion at the time of sentencing to exempt from registration or from requiring juveniles to register for all first offense registerable juvenile sex crimes if a sex offender management board evaluator recommends exemption and the juvenile is otherwise statutorily eligible; Adding language to adult or juvenile provisions that currently reference only crimes defined as "unlawful sexual behavior" to also include convictions and adjudications for nonsexual crimes where there has been, pursuant to statute, a judicial finding of an underlying factual basis involving unlawful sexual behavior; Adding a requirement for the court to send notice before the end of each juvenile's sentence concerning a juvenile's duty to register and set a hearing to consider the juvenile's ongoing duty to register; Adding language that if a person is required to register due to an adjudication or disposition as a juvenile, the duty to register automatically terminates either when the person reaches 25 years of age or 7 years from the date the juvenile was required to register, whichever occurs later; Adding language that if a person whose duty to register has automatically terminated either attempts to register or inquires with local law enforcement as to whether the duty to register has automatically terminated, local law enforcement shall advise the person that the person's duty to register terminated, remove the person from any local law enforcement registry, and notify the Colorado bureau of investigation (CBI) that the person's duty to register has terminated. Local law enforcement or the CBI may charge a fee, not to exceed $15, to determine whether a person's duty to register has terminated. Allowing a person whose duty to register arose from an adjudication or disposition as a juvenile, and whose duty to register automatically terminated when the person reached 25 years of age or 7 years had passed from the date the person was required to register, whichever was later, but the person's name has not already been removed from the sex offender registry, to petition for an order to remove the person's name from the sex offender registry; Changing the current law that allows the Colorado bureau of investigation (CBI) to inform a requesting party if a person is on the registry so that the CBI may release information about a juvenile only under certain restrictions; Requiring the CBI to collect data on the number of times information is requested and released concerning juveniles on the registry; Creating a new unclassified misdemeanor for members of the public who submit a false statement to the CBI for purposes of obtaining juvenile registry information or who use such information in a prohibited manner; Updating current law regarding the posting of information on the registry to the internet to specifically exclude juveniles; Clarifying that a local law enforcement agency may not release or post on its website information regarding juveniles on the registry; Changing current law that requires lifetime registration for an adult who has more than one adjudication as a juvenile so that juvenile adjudications alone may not trigger mandatory lifetime registration; and Updating language in the Colorado "Crime Victim Rights Act" to clarify victim rights when a petition or motion is made to terminate sex offender registration. For the 2021-22 state fiscal year, the act appropriates $7,200 to the department of public safety for use by the Colorado bureau of investigation. This appropriation is from the general fund. To implement this act, the division may use this appropriation for CCIC program support operating expenses related to the Colorado crime information center.(Note: This summary applies to this bill as enacted.)
Sponsored bills
The act:Transfers $5 million from the general fund to the Colorado office of film, television, and media operational account cash fund and appropriates that amount to the governor's office for use in the 2021-22 state fiscal year by the Colorado office of film, television, and media in awarding performance-based incentives for film production in Colorado and for the loan guarantee program to finance production activities; For the 2020-21 state fiscal year, appropriates $3.5 million, in addition to the amount appropriated pursuant to Senate Bill 20B-001, from the general fund to the creative industries cash fund for the arts relief program and removes the prohibition against an applicant that received a relief payment from the small business relief program from also receiving a relief payment under the arts relief program; For the 2020-21 state fiscal year, appropriates $1.5 million from the general fund to the creative industries cash fund for allocation by the creative industries division to a nonprofit organization that administers grants to certain cultural facilities that focus on programming for and have board representation from defined historically marginalized and under-resourced communities; and Transfers the following amounts of money appropriated for the small business relief program that is not encumbered or expended by June 30, 2021: Up to $12 million to the creative industries cash fund for the arts relief program; and Up to $1 million to the Colorado office of film, television, and media operational account cash fund for performance-based incentives for film production in Colorado and for the loan guarantee program to finance production activities.(Note: This summary applies to this bill as enacted.)
The bill creates the community response to low-level offenses working group in the department of public safety to study and propose statewide policy and legislative initiatives to safely increase community response in lieu of law enforcement engagement for lower-level offenses and calls for service when there is no criminal conduct. The working group shall report its findings to the judiciary committees of the house of representatives and the senate, or any successor committees, by the February 1, 2022. The bill prohibits a peace officer from arresting a person based solely on the alleged commission of a traffic offense, petty offense, drug petty offense, municipal offense, drug misdemeanor offense, or misdemeanor offense, unless: Custodial arrest is statutorily required; The offense is a victim rights crime; the offense includes an element of illegal possession or use of a firearm; or the offense constitutes unlawful sexual behavior, failure to register as a sex offender, or the offense is a violation of 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, or motor vehicle theft ; or The officer is unable to sufficiently verify the individual's identity absent a 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 a 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 failed to appear when a witness was subpoenaed or a civilian witness was on call; The defendant intentionally failed to appear for the purpose of interfering with or deterring victim or witness participation in the case; or The defendant has failed to appear 2 or more times more than one time in the case. The bill requires the court to issue a personal recognizance bond in a failure to comply with a probation conditions case that is not based on a criminal offense, unless: The violation was for a failure to comply with any court- ordered treatment related to a sex offense or domestic violence; The defendant has already had probation revoked for failure to comply in the case; or The court finds the defendant is likely to flee prosecution. The bill permits appellate review of a court's bail or bond order by either the defendant or the prosecution after a reconsideration hearing, denial of a reconsideration of bond conditions, or order for bail after conviction. The bill requires annually each county jail to provide information regarding jail population and each judicial district to provide information regarding bonds, failures to appear, and summons to the division of criminal justice in the department of public safety. The division shall compile a report of the information and post the report on its website. The bill creates a fund to pay for the study using 25% of the money collected on a failure to appear personal recognizance bond. 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. The bill appropriates $24,436 from the general fund to the judicial department for trial courts to implement the bill. The bill appropriates $50,375 from the general fund to the department of public safety for the division of criminal justice to implement the bill. (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 eliminates the requirement that the department of education and each division, board, or agency of the department of regulatory agencies verify the lawful presence of each applicant before issuing or renewing a license.The act also specifies that lawful presence is not required of any applicant for any state or local license, certificate, or registration. The act is a state law within the meaning of the federal law that gives states authority to provide for eligibility for state and local public benefits to persons who are unlawfully residing in the United States.(Note: This summary applies to this bill as enacted.)
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.)
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.)
Under current law, when a property owner appeals the valuation of property set by a county board of equalization, the valuation may not be increased on appeal. The act removes this restriction.(Note: This summary applies to this bill as enacted.)
The act authorizes the executive committee of the legislative council (executive committee) to allow electronic participation in legislative proceedings during a declared disaster emergency caused by a public health emergency infecting or exposing a great number of people to disease, agents, toxins, or other such threats, and, if it is allowed, to establish policies governing such electronic participation.If a member cannot participate electronically from the member's home due to a technological limitation, the member may receive reimbursement for travel expenses to an alternate location to allow the member to participate electronically. The amount of the reimbursement cannot exceed the amount the member would customarily receive for travel expenses to Denver to participate in person. A member is not entitled to reimbursement for any other expenses incurred in connection with electronic participation.Due to the COVID-19 pandemic, for the first regular session of the seventy-third general assembly, the bill allows joint committees of reference that are required to hold hearings commonly referred to as SMART Act hearings to conduct the hearings at any time after the general assembly convenes, including while the general assembly is temporarily adjourned. Legislators, departments, and the public may participate remotely in accordance with policies established by the executive committee or the joint rules of the senate and house of representatives.(Note: This summary applies to this bill as enacted.)
Under current law, the department of public health and environment (department) is charged with making annual sanitary, sewerage, and health inspections of penal institutions. The act defines "penal institutions" and includes in that definition public and private facilities that house noncitizens for civil immigration proceedings. The act specifically authorizes unannounced follow-up inspections by the department. For the 2020-21 fiscal year, the act directs the department to make the annual inspections of facilities that house noncitizens before January 1, 2021, and to submit a report to the governor and specified committees of the general assembly. (Note: This summary applies to this bill as enacted.)
The act defines "covered air toxics" as hydrogen cyanide, hydrogen sulfide, and benzene. A stationary source of air pollutants that reported in its federal toxics release inventory filing at least one of the following amounts of a covered air toxic for the year 2017 or later is defined as a "covered facility": For hydrogen cyanide, 10,000 pounds; For hydrogen sulfide, 5,000 pounds; and For benzene, 1,000 pounds. "Incidents" are defined as unauthorized emissions of an air pollutant from a covered facility. Each covered facility will: Conduct outreach to representatives of the community surrounding the covered facility to discuss communications regarding the occurrence of an incident; Use reverse-911 to communicate with, and make data available to, the community surrounding the covered facility regarding the occurrence of an incident; Implement reverse-911 within 6 months; and Pay all costs associated with its use of reverse(Note: This summary applies to this bill as enacted.)