Sen. Daniel Kagan

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Senate Bill 17-267 exempted retail marijuana sales from the 2.9% general state sales tax and, as previously authorized by voter approval, increased the rate of the state retail marijuana sales tax, a special sales tax that is levied only on retail marijuana sales, from 10% to 15%, effective July 1, 2017. Under current state law, certain limited purpose governmental entities that either currently levy sales tax, are authorized by statute to levy sales tax but do not currently do so, or will be authorized to levy sales tax if they are established in the future as authorized by current law (affected entities) may levy sales tax only on transactions on which the state levies the general state sales tax. By exempting retail marijuana sales from the general state sales tax, effective July 1, 2017, Senate Bill 17-267 thus also inadvertently exempted such sales from both sales taxes currently levied by affected entities and sales taxes that either existing affected entities that do not currently levy sales tax or not yet established affected entities might levy in the future. Affected entities that currently levy sales tax include the regional transportation district, the scientific and cultural facilities district, 5 metropolitan districts, 5 regional transportation authorities, one health services district, and one multijurisdictional housing authority. The bill clarifies that notwithstanding the exemption of retail marijuana sales from the general state sales tax, all affected entities that levy sales tax shall tax retail marijuana sales. (Note: This summary applies to this bill as introduced.)

The bill requires the executive director of the department of local affairs (department), after considering the input from specified interested parties, to establish a form for law enforcement agencies, prosecutors, and multijurisdictional task forces (seizing agencies) to use in submitting to the department biannual reports containing specified information on seizures through which the seizing agencies received proceeds from a forfeiture and the use of the proceeds. Based on the reports, the department is to post on its website a searchable database that includes the information contained in the biannual reports and a summary report of the information. Seizing agencies are required to submit the biannual reports containing information known to the agency by specified dates; except that an agency need not include information if the disclosure of the information could endanger a person or disclose certain confidential information. Seizing agencies are required to pay civil penalties for failure to file or late filing of the reports. The bill directs the executive director of the department to submit an annual report to the governor, the attorney general, and the judiciary committees of the general assembly on seizure and forfeiture activity in the state. The bill prohibits seizing agencies from receiving forfeiture proceeds from the federal government unless the aggregate net equity value of the property and currency seized in the case is in excess of $50,000 and the federal government commences a forfeiture proceeding that relates to a filed criminal case. The bill makes an appropriation. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill creates the aviation special license plate. In addition to the standard motor vehicle fees, the plate requires 2 one-time fees of $25. One of the fees is credited to the highway users tax fund and the other to the licensing services cash fund. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill eliminates certain mandatory conditions of parole while preserving the discretion of the state board of parole (board) and parole officers to impose such conditions. Specifically, the bill removes the requirement that: The board fix the manner and time of payment of restitution as a condition of every parole; Every parolee obtain the knowledge and consent of his or her community parole officer before changing residence, instead requiring a parolee to notify his or her parole officer before any change of residence; Every parolee submit to urinalysis or other drug tests; Every parolee not associate with any other person on parole, on probation, or with a criminal record or with any inmate of a correctional facility without the permission of his or her community parole officer; and The board require every parolee at the parolee's own expense to submit to random chemical testing of a biological substance sample from the parolee to determine the presence of drugs or alcohol.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

If a person is detained in a jail on a municipal hold and does not immediately receive a personal recognizance bond, the jail shall promptly notify the municipal court of the hold or, if the municipal hold is the sole basis for the person's detention, notify the municipal court of the hold within 4 hours. All municipal courts shall establish an e-mail address, if internet service is available, whereby the municipal court can receive notifications from jails. If internet service is not available, the municipal court shall establish a telephone line with voicemail for the same purpose. Once a demanding municipal court receives the notice that its hold is the sole basis for the detention, the court shall hold a hearing within 2 days of receiving the notice; except that if the defendant has failed to appear at least twice in the case and the jail is in a different county than the county where the municipality is located, the demanding municipal court shall hold a hearing within 4 days. At the hearing the municipal court must either: Arraign the defendant; or If the defendant is being held for failure to appear, conduct the proceedings related to the failure to appear unless the proceeding is a trial or evidentiary hearing or requires the presence of a witness. If the case is not resolved at the hearing, the municipal court shall conduct a bond hearing and release the defendant on bond under the least restrictive conditions possible. If the defendant does not appear before the municipal court within the required time frames, the jail holding the defendant shall release the defendant on an unsecured personal recognizance bond with no other conditions returnable to the municipal court. A municipal court shall adopt standing orders to effectuate the defendant's release if the defendant is not transferred to the municipal court within the required time frames. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill renames the division of youth corrections the 'division of youth services' (division) and makes conforming amendments. The bill sets forth the purposes of the renamed division. The bill creates and requires the division to implement a pilot program to initiate a cultural change within the division. The bill creates a cash fund and authorizes the division to seek, accept, and expend gifts, grants, or donations for the pilot program. The bill requires the department to contract with an independent third party to facilitate, supervise, coach, and train staff and leadership of the division throughout the pilot program. The bill requires the division to contract with a second independent third party to evaluate the effectiveness and outcome of the pilot program. The bill creates community boards in each region of the division, requires a management-level employee from each division facility to attend community board meetings, and requires a representative of the division to report to each community board quarterly. Current law requires the state department of human services (department) to report annually to the general assembly data concerning recidivism rates of youths committed to the custody of the department. The bill requires the department to report data concerning educational outcomes as well as recidivism rates, and the bill requires the state auditor to audit these reports for accuracy and quality. The bill renames the 'youth seclusion working group' the 'youth restraint and seclusion working group', adds a member to the working group, expands the role of the working group to include advising on the use of restraints, requires the division to report to the working group concerning its use of restraints and seclusion, and requires the division to include in its reports an incident report or behavior management plan for any youth whom the division isolates from his or her peers for more than 8 hours in 2 consecutive calendar days. The bill requires the division to document and report certain items relating to the use of restraint as well as the use of seclusion. The bill requires the division to contract with a third independent third party to conduct a performance assessment of the division's de-escalation, physical management, and safety policies and practices, as well as its provision of trauma-responsive care. The bill makes an appropriation. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill changes the length of time that a parolee may serve for a technical parole violation. If the parolee is on parole for a class 2 felony; level 1 drug felony; a crime of violence, stalking, menacing, or unlawful sexual behavior; or a crime against an at-risk adult or is a sexually violent predator, the length of revocation is up to the remainder of the parolee's parole period. If the parolee is on parole for a level 2 drug felony or a class 3 nonviolent felony, the length of revocation is up to 90 days. If the parolee is on parole for a level 3 or level 4 drug felony or a class 4, class 5, or class 6 nonviolent felony, the length of revocation is up to 30 days. The bill requires the division of adult parole to conduct a parole plan investigation prior to the parole release hearing and to inform the parole board (board) of the results of the investigation. If the board finds an inmate's parole plan inadequate, the board can table the release decision and order the department to submit a revised parole plan developed in conjunction with the inmate within 30 days of the board's order. The bill allows the board to conduct a parole release review instead of a hearing without the presence of the inmate if the inmate is assessed 'low' or 'very low' on the risk assessment instrument and victim notification is not required. The bill creates the justice reinvestment crime prevention initiative in the division of local government in the department of local affairs (division). The division shall develop the initiative to expand small business lending in the target communities of Aurora and Colorado Springs. The division will issue a request for participation from one or more nondepository community development financial institution loan funds to participate in the small business lending program. The division shall enter into a contract with the selected funds to define the operating terms of the loan program. The loans are limited to 5 years and $50,000. The division shall also develop the initiative to implement a grant program for programs, projects, or direct services aimed at reducing crime in the target communities. The division shall issue a request for participation to select a community foundation or foundations to manage the grant program. The division shall sign an agreement with the selected foundation or foundations that defines the role and responsibility of the foundation in managing the grant program. The grant program may fund: Academic improvement programs; Community-based services; Community engagement programs; Increasing safety and usability of common outdoor-spaces programs; Technical assistance related to data collection, data analysis, and evaluation; and Administrative costs of the foundation. Only a nonprofit organization in good standing and registered with the internal revenue service and the Colorado secretary of state, a school, a unit of local government, or a private contractor hired to provide technical assistance are eligible to receive grants. The bill requires the division to present a status report to the joint judiciary committee regarding the initiative. The bill reduces the appropriation to the department of corrections by $6,628,401 as a result of the changes to the parole statutes. The bill appropriates that $6,628,401to the department of local affairs to fund the lending program and the grant program. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill addresses issues related to the state commission on judicial performance and the various district commissions on judicial performance (state commission, district commissions, or collectively all commissions), including: Procedures and duties common to all commissions are combined in a more user-friendly fashion. The current membership of all commissions is left in place as-is until January 31, 2019, at which time the governor's attorney appointment to a district commission and the chief justice's two nonattorney appointments to a district commission expire. The terms of all other existing commissioners continue until such time as the commissioner's term was originally set to expire. Beginning February 1, 2019, the membership of the commissions is structured as follows, with new appointing authorities making appointments on or before March 1, 2019: The state commission consists of 11 members, one attorney and one nonattorney each by the president of senate and speaker of the house of representatives; one nonattorney each by the minority leader of each house; two attorneys appointed by the chief justice of the supreme court; and two nonattorneys and one attorney appointed by the governor. Each district commission consists of 10 members. The make-up of each district commission is the same as that of the state commission except that the governor only appoints two nonattorneys to each district commission and makes no attorney appointment. In the case of a vacancy, the original appointing authority shall make an appointment within 45 days after the date of the vacancy. If the original appointing authority fails to fill the vacancy within 45 days, the governor shall make the appointment. Other conditions related to the membership of state and district commissioners remain as they exist in current law. Duties of all commissions are outlined. The state commission is tasked with developing uniform rules, guidelines, and procedures,, including those related to the development and distribution of surveys for persons affected by justices and judges; promulgation of rules concerning the evaluation of justices and judges, the creation of a standards matrix related to statutory performance criteria and a description of the thresholds for the recommendations of 'meets performance standard' or 'does not meet performance standard', and the continuous collection of data for use in evaluations; and the development of a systemwide judicial training program and a systemwide volunteer courtroom observer program. The state commission is tasked with developing surveys to provide to persons who are affected by justices and judges and to develop guidelines and procedures to make such surveys readily available to those persons. The state commission shall develop rules, guidelines, and procedures to provide attorneys, pro se litigants, and clients with accessible and timely opportunities to review the surveys. Current law requires the state supreme court to approve rules promulgated by the state commission. That requirement is removed. The state commission may, however, at its discretion and within existing appropriations and resources, retain independent legal counsel to review any rules, guidelines, or procedures adopted. The state commission shall post a notice of any proposed rule, guideline, or procedure, allow for a period for public comment, and give the public the opportunity to address the state commission at a public hearing on the proposed rule, guideline, or procedure. The bill adds retired judges who have returned to temporary judicial duties per contract with the judicial department, as allowed by statute, also referred to as senior judges, to the list of judges that commissions are to evaluate. Every third year following the initial appointment of a senior judge to the bench through a contract, the state commission shall conduct a performance evaluation of such judge. The performance evaluation shall be completed and communicate the related narrative to the chief justice no later than 45 days prior to the expiration of the senior judge's contract for that year. Judicial performance evaluation criteria is retained, as is the requirement for all commissions to perform election-retention-year evaluations as well as initial and interim evaluations. Narratives and recommendations stemming from such evaluations are still required. The option to develop an individual improvement plan (improvement plan) for a justice or judge is authorized. If the state or a district commission recommends that a justice or judge receive an improvement plan, the commission shall communicate that recommendation to the chief justice or appropriate chief judge. The chief justice or chief judge shall then develop an improvement plan for the justice or judge in question and forward such improvement plan to the state commission for review. After the state commission reviews and approves an improvement plan, the chief justice or chief judge has the responsibility for implementing the improvement plan. A copy of the improvement plan and a statement of the results of such plan will be maintained in the appropriate commission's files. If a justice or judge is required to complete an improvement plan and he or she fails to satisfactorily do so, the appropriate commission shall automatically issue a 'does not meet performance standard' designation on his or her performance evaluation summary. The state commission is required to gather and maintain statewide data and post a report of the data on its website at least 30 days prior to each retention election; and Beginning in January 2019, and every 2 years thereafter, the judicial department shall include a summary of the commissions' activities in the department's 'State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act' presentation to the joint judicial committee. A private right of action is established in which final actions of the state commission are subject to judicial review if a person is adversely affected or aggrieved by such final action. A 'final action' for purposes of the private right of action is defined as a rule, guideline, or procedure adopted by the state commission. A 'final action' does not include a final recommendation regarding a justice or a judge, an improvement plan, surveys developed by the state commission, or any aspect of an individual justice's or judge's judicial performance evaluation.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Committee on Legal Services. Current law directs the Office of Legislative Legal Services to study the organizational recodification of title 12, Colorado Revised Statutes, which relates to professions and occupations. To implement the initial recommendations of the study, section 1 of the bill relocates parts 1 and 3 of article 44 of title 12, which relate to public establishments, to title 6. Section 3 repeals the parts where this law was previously codified, and section 2 makes a conforming amendment.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)