Sen. Robert Rodriguez

For the purpose of providing health insurance coverage, current law defines a "small employer" as any individual, firm, corporation, partnership, or association that employs between one and 100 employees during a calendar year. Effective January 1, 2026, the act amends the definition to define a "small employer" as any person that employs an average of at least one but not more than 50 employees during a calendar year. An employer that has a small group health benefit plan before January 1, 2026, and would no longer qualify as a "small employer" under the changes made by this act may elect to keep their small group health benefit plan for 5 years after the date of issuance. Such employer may also switch between small group health benefit plans offered by the carrier during those 5 years, but may only switch to plans that are one metal level above or below their existing plan. Once an employer elects to enter the large group health benefit market, the employer may not return to the small group health benefit market within the 5-year period. The act requires the commissioner of insurance to conduct an actuarial review of rate filings submitted by insurance carriers that offer small group health benefit plans to determine whether the change to the definition of "small employer" made by the act would increase premiums for the majority of individuals covered by small group health benefit plans by more than 3%. If the premiums would increase by more than 3%, then the change to the "small employer" definition made by the act is repealed. APPROVED by Governor May 1, 2024 PORTIONS EFFECTIVE May 1, 2024 PORTIONS EFFECTIVE January 1, 2026(Note: This summary applies to this bill as enacted.)

Under current law, if a defendant is charged with a traffic offense, a petty offense, or a comparable municipal offense, a court shall not impose a monetary condition of release. Specifically, the provision applies to a comparable municipal offense that is a property crime and reflects a value of less than $50. The act removes the monetary threshold and instead states that the court cannot impose a monetary condition of release for a comparable municipal offense that would be a petty offense property crime under state law. APPROVED by Governor April 11, 2024 EFFECTIVE April 11, 2024(Note: This summary applies to this bill as enacted.)

The bill creates the Colorado drug donation program (program) to facilitate the safe donation and redispensing of medicine, including prescription and nonprescription or over-the-counter drugs, FDA-approved drugs labeled for investigational use, and medical devices. Under the program, a donor donates medicine to a donation recipient for redispensing to eligible patients. Donated medicine is prioritized first for Colorado residents who are indigent, uninsured, underinsured, or enrolled in a public health benefits program (eligible patient). An eligible patient or the patient's health insurance is not charged for the medicine, other than handling or dispensing charges and other customary charges. Donors may include individual members of the public as well as drug manufacturers and distributors, pharmacies, clinics, health centers, government agencies, and other donors described in the bill (donor). Donors may donate to a donation recipient, including a wholesaler or distributor, hospital, pharmacy, clinic, and health-care provider or prescriber's office, among other entities (donation recipient). The donation recipient may: Transfer donated medicine to another donation recipient; and If the donation recipient is a prescription drug outlet, repackage donated medicine as necessary for storage, redispensing, administration, or transfer or replenish medicine previously dispensed to eligible patients. The bill includes provisions relating to: Record-keeping requirements for donated medicine; The type, condition, and age of medicine that may be donated; The segregation of medicine and inspection by a licensed pharmacist before medicine is accepted into inventory; The disposal of medicine that does not meet donation standards; and The repackaging, labeling, and redispensing of medicine to eligible patients. The state board of pharmacy is required to promulgate rules necessary to implement the program. When acting in good faith, without willful or wanton misconduct, the state board of pharmacy, donors, donation recipients, and other individuals and entities involved in the program are not subject to civil or criminal liability or professional disciplinary action relating to their participation in the program. The bill makes conforming amendments to existing law relating to the reuse of unused medications by other patients in correctional facilities and in certain licensed facilities, such as hospitals, hospices, and assisted living facilities. (Note: This summary applies to this bill as introduced.)

The act requires a district attorney's office, or the office's designee, to consider the use of a juvenile diversion program (program) to prevent a juvenile who demonstrates behaviors or symptoms consistent with an intellectual and developmental disability, a mental or behavioral health issue, or a lack of mental capacity from further involvement in formal delinquency proceedings. Current law allows programs to use the results of an approved and validated assessment tool to identify the appropriate diversion services a juvenile may need and the professionals who may provide the services. The act adds behavioral health services and services for juveniles with developmental disabilities to the types of services a juvenile may need and adds behavioral health treatment providers and providers who offer services to juveniles with developmental disabilities to the list of professionals who may provide the appropriate diversion services. If an adult defendant's competency is raised or a defendant is found incompetent to proceed, the act allows the defendant to enter into a diversion agreement with the consent of the district attorney and the court if the court finds that the defendant has the ability to participate and is advised of the potential consequences of failure to comply. The defendant's entrance into the diversion agreement does not waive the issue of competency to stand trial if there is a violation of the diversion agreement and proceedings on the charges resume. The diversion agreement alone is not evidence of competency. APPROVED by Governor March 22, 2024 EFFECTIVE March 22, 2024(Note: This summary applies to this bill as enacted.)

The act appropriates $73,587,761 to the legislative department for the payment of expenses in the 2024-25 state fiscal year. Of this amount, $71,784,409 is from the general fund, $90,000 is from cash funds, and $1,713,352 is from reappropriated funds. Additionally, the act: Appropriates $50,000 from the general fund to the youth advisory council cash fund; and Further appropriates to the legislative department, for use by the legislative council in the 2024-25 state fiscal year for new legislator orientation and official functions, $29,000 from the general fund appropriation to the legislative department for the 2023-24 state fiscal year that was not expended in that fiscal year. APPROVED by Governor March 22, 2024 EFFECTIVE March 22, 2024(Note: This summary applies to this bill as enacted.)

The act creates the alternative metrics to measure criminal justice system performance working group (working group). The working group consists of: Representatives from the division of youth services in the department of human services, the department of corrections, the judicial department, and the department of public safety; and 2 members from an institution of higher education with expertise in the criminal legal system and two members from a community-based organization that works for criminal legal reform. The working group shall consult with stakeholders either identified by the working group or who request to participate. The act requires the working group to study metrics and methods, other than measuring recidivism, to: Supplement the current measure of recidivism; Measure risk-reduction outcomes; Comprehensively measure successful outcomes that consider various aspects of life, including employment, housing, education, mental health, personal well-being, social supports, and civic and community engagement; and More effectively measure criminal justice system performance. The working group is required to submit a report to the house of representatives public and behavioral health and human services committee and judiciary committee and the senate health and human services committee and judiciary committee on or before July 1, 2025. The report must include a summary of the working group's work and any recommendations of the working group. APPROVED by Governor March 6, 2024 EFFECTIVE March 6, 2024(Note: This summary applies to this bill as enacted.)

The act requires the division of criminal justice in the department of public safety to convene a working group to develop a definition of "recidivism" to be used by each state entity that collects data or reports on recidivism, in any report issued by the entity. The working group consists of: Representatives of the judicial department, the department of corrections, the division of youth services in the department of human services, the state board of parole, and the department of public safety; A member from an institution of higher education; and A representative from a community-based organization that works for criminal legal reform and supports consistent data collection. The working group shall develop a definition of "recidivism" no later than January 15, 2025. The definition must include: A clearly defined measurement point to begin tracking recidivism; A clear description of the cohort to be tracked; That the recidivism event is a new deferred agreement or adjudication or conviction for a felony or misdemeanor offense, including "Victim Rights Act" crimes; and A clearly defined time period during which an event is considered a recidivism event, consistent with best practices for measuring recidivism. Each state entity that collects data or reports on recidivism in any report issued by the entity shall begin using the working group's definition on July 1, 2025. Subject to available resources, and before January 15, 2025, the working group may develop definitions of other metrics or data points related to recidivism or the desistance from crime that state entities may use. APPROVED by Governor March 6, 2024 EFFECTIVE March 6, 2024(Note: This summary applies to this bill as enacted.)

Recidivism Interim Study Committee. The bill requires the division of criminal justice (division) in the department of public safety to conduct a study to examine how individuals proceed through the various stages of criminal and juvenile justice proceedings, including sentences and alternative sentencing programs. The division shall solicit proposals for an entity to assist with the study. The bill requires the division to submit a report of its findings to the joint budget committee and the judiciary committees of the house of representatives and the senate by June 30, 2025. (Note: This summary applies to this bill as introduced.)