The bill requires local juvenile services planning committees to devise a plan to manage dually identified crossover youth. A dually identified crossover youth is a youth involved in both the juvenile justice system and the child welfare system. The plan must contain descriptions and processes to include the following: A process for the identification of dually identified crossover youth at the earliest reasonable point of contact; A method for collaborating and exchanging information with other judicial districts; A process for promptly communicating information about the youth's crossover status between the child welfare and juvenile justice systems and to notify each other of the new involvement in the respective system or information that may aid in the identification of dually identified crossover youth; A process for identifying the least restrictive appropriate placement; A process for sharing and gathering information in accordance with applicable laws and rules; A process for the development of a single case management plan and identification of the lead agency for case management purposes; A process that facilitates the sharing of assessments and case planning information; A process for a multi-disciplinary group of professionals to consider decisions that include: Youth and community safety, placement, provision of needed services, alternatives to detention and commitment, probation, parole, permanency, education stability, and case closure; and A requirement that dually identified crossover youth placed in a secure detention facility who are deemed eligible for release by the court be placed in the least restrictive setting whenever possible to reduce the disparity between dually identified crossover youth and nondually identified crossover youth in secure detention. The bill allows marijuana tax cash fund money to be used for the development of local dually identified crossover youth plans and services. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Sponsored bills
Under Colorado criminal law there is a rape shield law that presumes that evidence of a victim's sexual conduct is irrelevant and not admissible except for: Evidence of the victim's prior or subsequent sexual conduct with the defendant; or Evidence of specific instances of sexual activity showing the source or origin of semen, pregnancy, disease, or any similar evidence of sexual intercourse offered for the purpose of showing that the act or acts were or were not committed by the defendant. The bill creates a similar presumption in a civil proceeding involving alleged sexual misconduct. If a party wants to introduce sexual conduct evidence, it must file a confidential motion with the court at least 63 days prior to trial. Prior to ruling on the motion, the court shall conduct an in camera hearing and allow the parties and alleged victim to attend and be heard. All motions and all related records are kept under seal unless the court orders that the evidence is admissible. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
At the sentencing hearing for a defendant convicted of a crime in which an element of the crime is an act of sexual intrusion or sexual penetration, the court shall make specific findings of fact regarding the act. If the court finds that an act of sexual intrusion or sexual penetration occurred, the court shall enter a finding of rape and shall state the finding on the record.(Note: This summary applies to this bill as introduced.) , Read More
The bill requires the department of education (department) to research approaches, policies, and practices in other states related to bullying prevention and education, and to develop a model bullying prevention and education policy after considering its research. The department is required to publish the results of that research and its model policy on the department's website by July 1, 2019, as guidance for school districts, charter schools, and the charter school institute in developing and implementing bullying prevention and education policies. The research and model policy must be updated and published every 3 years. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill states that if the department of corrections (department) relocates an inmate for incarceration or contracts with another state for the incarceration of an inmate in a penal institution in another state, then not later than 48 hours after such relocation, the department shall notify the prosecuting attorney and any registered victim of crimes for which the inmate is serving his or her sentence of the name and location of the penal institution where the inmate is to be housed. This disclosure requirement does not apply if: The inmate is a witness and the executive director of the department (executive director) determines that disclosing the inmate's location would pose a risk to the personal safety of the inmate, corrections staff, other inmates, or facilities; The prosecuting attorney requests in writing that the department not disclose the location of the penal institution where the inmate is located; The registered victim is currently incarcerated; or The inmate has been employed by the department or as a law enforcement officer and the executive director determines that disclosing the inmate's location poses a risk to the personal safety of the inmate, corrections staff, other inmates, or facilities. If the department relocates an inmate and the executive director determines that any of these factors applies, then not later than 48 hours after such relocation, the department shall notify the prosecuting attorney: That the inmate has been relocated; and Which of the factors the executive director has determined applies. If the prosecuting attorney agrees with the executive director's determination that a factor applies, then the prosecuting attorney shall confirm the executive director's determination in writing, the department shall retain such written confirmation, and the department shall notify any registered victim of one or more crimes for which the inmate is serving his or her sentence that: The inmate has been relocated; and The department is unable to disclose the inmate's location because one of the factors applies. If the prosecuting attorney disagrees with the executive director's determination that a factor applies, then the executive director has 30 days to review the notice of disagreement. If, after such review, the executive director still determines that a factor applies and the inmate's location should not be disclosed, the department shall notify the prosecutor of such fact and notify any registered victims that the prosecutor disagrees with the executive director's determination. Either the prosecutor or any registered victim of the inmate may bring an action in the district court from which the inmate's sentence was issued for the court to determine whether a substantial basis existed and still exists to support the executive director's determination. If the district court finds that no substantial basis exists, the executive director shall disclose the inmate's location to any registered victims. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
County Courthouse and County Jail Funding and Overcrowding Solutions Interim Study Committee. The bill directs the office of the state court administrator to operate a program that implements telephonic or internet-based networking software to let municipal courts, county courts, and district courts conduct judicial procedures with remote participants. The bill creates the telejustice program cash fund and authorizes the state court administrator to expend money from the fund for the program.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
The bill states that, except in certain cases, a court shall not require a defendant arrested and charged for any misdemeanor, petty offense, or municipal code violation to post monetary bail as a condition of being discharged from custody. A defendant who is charged with an offense other than a felony may not be released from custody under his or her own recognizance until he or she signs and files with the clerk of the court or other designated person a written release agreement that includes certain promises. Current law requires any pretrial services program to be established pursuant to a plan formulated by a community advisory board created for such purpose and appointed by the chief judge of the judicial district. The bill makes this requirement merely permissible. The bill states that if a person is in custody and the court imposed a monetary condition of bond for release, and the person, after 5 days from the setting of the monetary condition of bond, remains in custody because he or she is unable to meet the monetary obligations of the bond, upon motion of the person, the court shall forthwith conduct a hearing to reconsider the monetary condition of the bond. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill requires the department of public health and environment to provide individualized patient information from the department's EMS agency patient care database to health information organization networks for any use allowed under the federal 'Health Insurance Portability and Accountability Act of 1996' (HIPAA). By contract with health information organization networks, the department must control access to patient information and limit the use of patient information to only those purposes allowed under HIPAA. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Legislative Oversight Committee Concerning the Treatment of Persons with Mental Health Disorders in the Criminal and Juvenile Justice Systems. The bill establishes a juvenile-specific definition of 'competent to proceed' and 'incompetent to proceed' for juveniles involved in the juvenile justice system, as well as specific definitions for 'developmental disability', 'mental capacity', and 'mental disability' when used in this context. The bill clarifies the procedures for establishing incompetency, as well as for establishing the restoration of competency.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
The bill creates the Seabees license plate. In addition to the standard motor vehicle fees, the plate requires 2 one-time fees of $25. One fee is credited to the highway users tax fund and the other to a fund that provides licensing services. $1,918 is appropriated to the division of motor vehicles from the license plate cash fund to implement the bill. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More