Legislative Oversight Committee Concerning the Treatment of Persons with Behavioral Health Disorders in the Criminal and Juvenile Justice Systems. The bill requires the general assembly to annually appropriate $250,000 from the general fund to the department of regulatory agencies for use by the public utilities commission (PUC) to fund the operations of the Colorado 911 resource center (center). The center is required to provide to the PUC quarterly a report outlining the use of the funding provided, and the PUC is required to include an accounting of the expenditure and uses of this funding in an annual report that current law requires it to make to the members of the general assembly. To help ensure that the training, guidance, and assistance provided by the center to 911 professionals, including public safety access point (PSAP) personnel, local 911 emergency call service authorities, and PSAPs, is useful and is being effectively implemented, and that the funding provided by the bill is being expended efficiently and effectively, the center is required to: Survey 911 professionals regarding their perception of the quality of the training; Survey local 911 emergency call service authorities and PSAPs to determine the extent to which the training, guidance, and assistance is being implemented and the extent to which it is helping them to improve efficiency, crisis response decisions, and outcomes in response to both behavioral health crisis calls specifically and all emergency calls received; and Summarize survey results in each quarterly report to the PUC.(Note: This summary applies to this bill as introduced.)
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The act creates a one-time TABOR refund mechanism for excess state revenues for the 2022-23 state fiscal year that are required to be refunded in the 2023-24 state fiscal year. The TABOR refund mechanism allows for an increase in the earned income tax credit that a resident individual, including a resident individual who does not have a social security number valid for employment, may claim on the resident individual's state income tax return from 25% to 50% of the federal credit claimed on the resident individual's federal income tax return or the federal credit that the resident individual would have been allowed but for the fact that the resident individual does not have a social security number that is valid for employment. For the 2023-24 state fiscal year, $51,483 is appropriated from the general fund to the department of revenue and $516 of that amount is reappropriated to the department of personnel for implementation of the act. APPROVED by Governor November 20, 2023 EFFECTIVE November 20, 2023(Note: This summary applies to this bill as enacted.)
The act creates a task force (task force) to establish shared goals, objectives, and guidelines for entities to utilize in prioritizing new and existing grant money to achieve maximum impact to reduce youth violence, suicide, and delinquency risk factors. The task force shall identify 3 target communities with the highest rates of youth violence, suicide, and delinquency risk factors. Beginning July 1, 2025, the task force shall create shared goals, objectives, and guidelines for governmental and community-based organizations to prioritize the use of new and existing state grant money, as well as help community-based organizations reduce youth violence, suicide, and delinquency risk factors in the target communities by using the shared goals, objectives, and guidelines when working in intervention, prevention, and tracking statistics. Membership in the task force is outlined. The task force shall make a preliminary "SMART Act" report in January 2024 followed by a final report in January 2025. For the 2023-24 state fiscal year, $92,447 is appropriated from the general fund to the department of public health and environment for use by the prevention services division. The division may use this appropriation for the grant prioritization task force related to administration. APPROVED by Governor June 7, 2023 EFFECTIVE June 7, 2023(Note: This summary applies to this bill as enacted.)
The act creates a data-sharing task force with 15 members that will meet a minimum of 6 times to evaluate data-sharing practices between state and municipal courts. The act requires the task force to: Investigate current data sharing and access to court data systems; Consider processes for sharing data and providing access to court data systems statewide; and Consider safety measures or integration of systems in order to protect sensitive data in court systems. The task force is required to report its findings and recommendations to the judiciary committees of the house or representatives and the senate, or any successor committees, on or before January 8, 2024. For the 2023-24 state fiscal year, $115,440 is appropriated from the general fund to the judicial department to implement the act. The department may use this appropriation for information technology infrastructure. APPROVED by Governor June 7, 2023 EFFECTIVE June 7, 2023 (Note: This summary applies to this bill as enacted.)
The act requires all courts in Colorado to provide remote access for the public to observe any criminal court proceeding conducted in open court, unless: The court does not have the technology available to do so; The court has ordered that the public is excluded from the proceeding; Technology, staffing, or internet issues limit or prevent remote observation; or After a request or on the court's own motion, the court makes findings that: The remote observation of live proceedings risks compromising the safety of any person, the defendant's right to a fair trial, or the victim's rights; and There is no less restrictive alternative that preserves the public interest in remote observation. The act also requires the court to post links on its website for the remote observation. The also act requires the court to: Take reasonable steps to ensure that no audio or visual transmission of privileged, confidential communications occurs; and If a proceeding is subject to a sequestration order, take reasonable steps to ensure compliance with the sequestration order. If a court does not have sufficient existing staff or technology to allow remote observation to the public but later obtains such staff or technology, the act requires the court to comply with the act within 90 days after obtaining the necessary staff or technology. APPROVED by Governor June 7, 2023 EFFECTIVE September 1, 2023 NOTE: This act was passed without a safety clause. (Note: This summary applies to this bill as enacted.)
The act states that a public or private institution of higher education (institution) may identify, create, solicit, facilitate, and otherwise enable opportunities for a student athlete to earn compensation for the use of the student athlete's name, image, or likeness so long as the institution first acquires the consent of the student athlete. An institution that solicits such an opportunity for a student athlete must inform the student athlete of the solicitation within 72 hours after the solicitation. The act states that a charitable organization that is not an institution and that is exempt from taxation under federal law may compensate a student athlete for the use of the student athlete's name, image, or likeness. APPROVED by Governor June 6, 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 requires the Colorado commission on criminal and juvenile justice (commission) to report to the general assembly about its study of sentencing reform by June 30, 2023. The report must include a summary of the commission's work and an update on the status of the commission's and any task force's efforts to address clarity and certainty in the current criminal sentencing scheme regarding the amount of time that must be served on each sentence imposed by the court prior to a defendant's parole eligibility. APPROVED by Governor June 6, 2023 EFFECTIVE June 6, 2023 (Note: This summary applies to this bill as enacted.)
The act requires a landlord and residential tenant to participate in mandatory mediation prior to commencing an eviction action if the residential tenant receives supplemental security income, federal social security disability insurance, or cash assistance through the Colorado works program (collectively, "cash assistance"). The landlord and residential tenant do not have to participate in mediation if the residential tenant did not disclose or declined to disclose in writing to the landlord that the residential tenant receives cash assistance, the complainant is a 501(c)(3) nonprofit organization that offers opportunities for mediation to residential tenants, or the complainant is a landlord with 5 or fewer single-family rental homes and no more than 5 total rental units. Failure to comply with mandatory mediation is an affirmative defense. The act prohibits a law enforcement officer from executing a writ of restitution against a residential tenant for at least 30 days after the entry of judgment if the residential tenant receives cash assistance, except in the case in which a court has ordered a judgment for possession for a substantial violation or in the case of a landlord with 5 or fewer single-family rental homes and no more than 5 total rental units. The act requires a written demand to include a statement that a residential tenant who receives cash assistance has a right to mediation prior to the landlord filing an eviction complaint with the court. The act requires a written rental agreement to include a statement that current law prohibits source of income discrimination and requires a non-exempt landlord to accept any lawful and verifiable source of money paid directly, indirectly, or on behalf of a person. The act prohibits a written rental agreement from including a waiver of mandatory mediation or a clause that allows a landlord to recoup any costs associated with mandatory mediation. The act appropriates $328,026 from the general fund to the judicial department for use by courts administration. To implement this act, the department may use this appropriation as follows: $246,076 for general courts administration; $75,000 for information technology infrastructure; and $6,950 for capital outlay. APPROVED by Governor June 6, 2023 EFFECTIVE June 6, 2023 (Note: This summary applies to this bill as enacted.)
Under current law, a court may only grant a no-knock search warrant under certain circumstances. The act adds a requirement that there is either probable cause for an arrest of a suspect or no-knock entry is necessary because of a credible threat to the life of any person including the executing officers. The act requires a peace officer executing a search warrant on a dwelling to: Execute the warrant between the hours of 7 a.m. and 7 p.m. unless the judge authorizes execution at another time; Be readily identifiable as a law enforcement officer in uniform, wearing a visible law enforcement badge; Wear and activate a body-worn camera when entering a premises; and Knock and announce the officer's presence at a volume loud enough for the officer to reasonably believe the occupants inside can hear and allow a reasonable amount of time before entering given the size of the dwelling for someone to get to the door, except when the court authorizes a no-knock warrant or if the circumstances known to the officer at the time provide a objectively reasonable basis that a no-knock entry or not waiting a reasonable amount of time is necessary because of an emergency threatening life of or grave injury to a person, provided that the imminent danger is not created by law enforcement itself. The act requires a peace officer who makes a warrantless entry into a dwelling to: Wear and activate a body-worn camera when entering a premises for the purpose of enforcing the law; and Knock and announce the officer's presence at a volume loud enough for the officer to reasonably believe the occupants inside can hear and allow a reasonable amount of time before entering given the size of the dwelling for someone to get to the door, except if the circumstances known to the officer at the time provide an objectively reasonable basis to believe that a no-knock entry or not waiting a reasonable amount of time is necessary because: An emergency threatens the life of or grave injury to a person, provided that the imminent danger is not created by law enforcement itself; or The officer is in hot pursuit of a fleeing suspect. APPROVED by Governor June 6, 2023 EFFECTIVE June 6, 2023 (Note: This summary applies to this bill as enacted.)