Sen. Daniel Kagan

The bill requires the department of corrections (department) to track the prison bed vacancy rate in both correctional facilities and state-funded private contract prison beds on a monthly basis. If the vacancy rate falls below 2% for 30 consecutive days, the department shall notify the governor, the joint budget committee, the parole board, each elected district attorney, the chief judge of each judicial district, the state public defender, and the office of community corrections in the department of public safety (office of community corrections). The department shall notify the governor, the joint budget committee, the parole board, each elected district attorney, the chief judge of each judicial district, the state public defender, and the office of community corrections once the vacancy rate exceeds 3% for 30 consecutive days. When the vacancy rate falls below 2% for 30 consecutive days, the department may: Request the office of community corrections to provide the department with information regarding the location and nature of any unutilized community corrections beds; Request the parole board review a list of inmates who are within 90 days of their mandatory release date, have an approved parole plan, and do not require full board review or victim notification. The parole board must hold a file review for the inmates on the list within 10 days after the receipt of the list. Coordinate with the parole board to review the list of inmates who have satisfied conditions for conditional release verified by the department of corrections, do not require full board review or victim notification, and have satisfied the condition or conditions required for parole. The parole board must hold a file review for the inmates on the list within 10 days of the receipt of the list.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Current law directs a state or local agency, when deciding whether to issue a license or permit, to consider an individual's criminal record in determining whether the individual is of good moral character. The bill changes the determination to consider whether the individual is qualified. The bill adds to the factors that an agency considers whether the applicant will be directly responsible for the care of individuals susceptible to abuse or mistreatment. The bill also prohibits a state or local agency from taking adverse action concerning a license or permit or not extending an offer of employment if an individual has been arrested but not charged, or has been convicted but pardoned, had the conviction record sealed, or had a collateral order entered concerning the conviction. The bill authorizes the department of regulatory agencies (department) to issue a conditional license to a person who has a criminal conviction and requires the department to delete and keep confidential the conditional designation if the person has no subsequent conviction when applying for renewal or within 2 years unless the department determines that the conditional designation remains necessary. For sunset review hearings conducted after review by the department, the bill requires the collection of data concerning licensing and registration action taken due to specified criminal justice actions. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Sentencing in the Criminal Justice System Interim Study Committee. Current law repeals the Colorado commission on criminal and juvenile justice, effective July 1, 2018. The bill extends the repeal date to July 1, 2023, and requires the department of regulatory agencies to perform a sunset review of the commission prior to such repeal. The bill adds 4 new voting members to the commission and reduces the number of at-large members from 3 to 2, thereby increasing the number of voting members of the commission from 26 to 29. The bill requires the commission to annually request a letter from the governor suggesting topics for the commission to study. The bill makes an appropriation. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More

During the 2017 session, the general assembly enacted a bill involving civil forfeiture requiring seizing agencies to submit reports to the department of local affairs (department). The bill requires reporting agencies rather than seizing agencies to file the reports and defines 'reporting agency'. The bill also expands the scope of the reports to include seizures related to a local public nuisance law or ordinance. The 2017 act also prohibited seizing agencies from receiving forfeiture proceeds from the federal government unless the aggregate value of property seized in a case is over $50,000. The bill establishes the law enforcement assistance grant program in the department of public safety to reimburse seizing agencies for revenue lost because of this prohibition. The bill establishes the law enforcement community services grant program (program) in the division of local government in the department to provide grants to law enforcement agencies, local governments, and community organizations to improve community services. It establishes a committee to review grant applications and make recommendations on grant awards and establishes a fund from which grants are paid. Under current law, the net balance of proceeds received from a forfeiture action are divided evenly between the governmental body of the seizing agency and the managed service organization providing behavioral health in the judicial district (MSO). The bill provides that the 50% that went to the MSO is now divided so that the MSO and the new law enforcement community services grant program fund each receive 25%. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill requires the state board of parole to submit a list of offenders for community corrections transition placement referrals to the department of corrections staff. The staff shall inform the board when the referral is made or the reason for not making the referral. If an offender completes a community corrections program, the board shall schedule a parole release hearing and, if the decision is to deny parole, the majority of the full board is required to deny parole at that hearing. The bill requires community corrections boards to develop and use a structured, research-based decision-making process that combines professional judgment and actuarial risk and needs assessment tools. If a community corrections board denies a transition offender a community corrections transition placement, the board shall electronically inform the department of corrections regarding the basis for the denial, suggestions for program completion, and a suggested subsequent referral timeline. The bill specifies the information that must be included in a community corrections transition placement referral or subsequent referral packet. Current law gives the jurisdiction where a community corrections transition placement intends to parole first right of refusal. The bill eliminates the first right of refusal if attempting to place the transition offender into a specialized community corrections program or if the offender requests a placement in a different jurisdiction. The bill requires the subsequent referral of an offender for community corrections transition placement within 6 to 12 months of the offender's denial if the offender has not had a class I code of penal discipline violation in the previous year; the offender does not have consecutive misdemeanor sentences to serve; and the offender does not have a pending immigration detainer, pending felony charges, or an extraditable warrant. When an offender refuses placement in a community corrections program, the executive director may make a subsequent referral for the offender after the offender informs the executive director that the circumstance that formed the basis for the refusal has changed or resolved. The division of criminal justice is required to provide community corrections training to department of corrections staff and community corrections boards. The division shall produce a report describing key community corrections data trends. The bill appropriates $264,070 to the department of public safety from the general fund. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill establishes an exemption from the 'Workers' Compensation Act of Colorado' for an out-of-state employer whose employees are working in Colorado on a temporary basis as long as: The out-of-state employer furnishes coverage under the workers' compensation laws of the state in which the employee is regularly employed, which coverage applies to the employee while working temporarily in Colorado; and The out-of-state employer's home state is contiguous to Colorado, recognizes the exemption, and provides a reciprocal exemption for Colorado employees temporarily working in that state. The home state's workers' compensation laws are the sole remedy for an out-of-state worker who is injured while working temporarily in Colorado. The division of workers' compensation in the department of labor and employment is authorized to enter into an agreement with a contiguous state to carry out the extraterritorial application of the workers' compensation or similar law of the other state. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Current law requires an applicant to make a donation to Craig hospital in order to be issued a special Craig hospital license plate. The bill repeals the $20 donation requirement. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Under current law, a person is required to register as a sex offender (registrant) in Colorado if he or she is a Colorado resident and is required to register in another state. The bill allows a person to petition the court for an order that discontinues the requirement for registration for offense classifications that would not be required to register for if convicted in Colorado. In addition, a registrant is required to register in person at his or her local law enforcement agency. The bill allows the law enforcement agency to waive the in-person registration requirement after initial registration if the person suffers from a chronic physical or intellectual disability to the extent that it is a severe hardship to register in person and there is a medical record of the disability. If the waiver is authorized, the law enforcement agency must reregister the registrant after verifying the registrant's address and provide documentation of the waiver to the Colorado bureau of investigation and any other law enforcement agency with which the person registers. Under current law, specified registrants can file a petition to discontinue registration. The bill requires the court to grant a petition to discontinue registration if the registrant has successfully completed his or her sentence, the registrant has not been convicted of a subsequent sex offense, and the required waiting period has expired unless the prosecuting attorney or victim objects and presents credible evidence that the registrant is likely to commit a subsequent offense of unlawful sexual behavior. Notwithstanding any statutory barriers to the contrary, the bill allows a registrant or his or her legal representative to file a petition to discontinue registration if the registrant is permanently incapacitated and does not present an unreasonable public safety risk. The court shall grant the petition if the petitioner shows that the registrant is incapacitated, does not present an unreasonable public safety risk, and is not likely to commit a subsequent sex offense. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill applies to certain consumer and employment arbitrations and: Establishes ethical standards for arbitrators; Specifies that any party may challenge in court the impartiality of an arbitrator or arbitration services provider; Requires specified disclosures by arbitrators and arbitration services providers; Authorizes injunctive relief against an arbitrator or arbitration services provider who engages in certain specified acts; and Specifies that a right conferred by the bill may not be waived prior to a demand or filing of a claim and only afterward by a signed waiver.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill requires arbitration services providers that administer consumer or employment arbitrations to collect, publish, and make available specified information on those arbitrations administered in the previous 5 years. The bill amends a provision of the uniform arbitration act to make the bill effective. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More