Sen. James Coleman

The act clarifies the opportunities available to inmates imprisoned by the department of corrections (department). The act clarifies that the rehabilitation and work opportunities available to inmates are to promote the person's successful rehabilitation, reentry, and reintegration into the community. The act clarifies a distinction between external programs, which occur in partnership with employers outside of department facilities, and internal programs, which occur inside a department facility and may be in partnership with employers outside of department facilities. The act amends inmate compensation and permissible deductions from an inmate's account. (Note: This summary applies to this bill as enacted.)

The act amends the high school innovative learning pilot program (ILOP) that authorizes school districts, district charter schools, and institute charter schools (local education providers) to count as full-time students high school students participating in innovative learning opportunities regardless of whether they meet the number of teacher-pupil instruction and contact hours for full-time enrollment. The act allows a school of a school district to participate in an ILOP with a district or independently and requires all applicants to demonstrate how their innovative learning plan disproportionately benefits underserved students.In selecting applicants to participate in the pilot program, the act requires the department of education (department) and the state board of education (state board) to consider whether the innovative learning plan includes opportunities for students to participate in registered or unregistered apprenticeships, internships, and technical training or skills programs through an industry provider, teacher training opportunities, concurrent enrollment, and industry certificates.Further, subject to available appropriations, the state board is encouraged to select up to 20 applicants and is not limited to choosing applicants that had part-time students in the prior year and that enroll fewer than 5,000 students.The act creates the fourth-year innovation pilot program (pilot program) in the department of higher education to disburse state funding to postsecondary education and training programs on behalf of low-income students who graduate early from a high school participating in the pilot program prior to enrolling in the fourth year of high school or prior to enrolling in the second semester of their fourth year in high school.The state funding awarded to a student graduating prior to enrolling in the fourth year of high school is equal to the greater of 75% of the average state share amount of the statewide average per-pupil funding for public elementary and secondary schools for the 2021-22 budget year, as calculated during the 2021 legislative session, or $3,500. The state funding for a student graduating prior to the second semester of their fourth year in high school is equal to the greater of 45% of the average state share amount of the statewide average per-pupil funding for public elementary and secondary schools for the 2021-22 budget year, as calculated during the 2021 legislative session, or $2,000. The state funding is disbursed to the postsecondary program on behalf of the eligible graduate and may be used for the eligible graduate's cost of attendance for the postsecondary program, as determined by the department of higher education. The local education provider from which the student graduated early prior to the fourth year of high school receives a portion of the state savings for school finance obligations due to the early graduation. An eligible graduate must enroll in a postsecondary program within 18 months after graduating or the state funding is forfeited.The act requires the department of higher education to report annually to the department, the governor's office of state planning and budgeting, the joint budget committee, and the education committees of the general assembly concerning certain information specified in the act relating to the pilot program. The act creates the fourth-year innovation pilot program fund for the pilot program. The pilot program repeals, effective December 31, 2027.For the 2021-22 state fiscal year, the act appropriates:$220,115 and 0.3 FTE to the department of education for the high school innovative learning pilot program; and $44,222 and 0.6 FTE to the department of higher education to implement the for the fourth-year innovation pilot program .(Note: This summary applies to this bill as enacted.)

The act creates the Colorado startup loan program (program) in the office of economic development (office) as a revolving loan program to provide loans and grants to businesses seeking capital to start, restart, or restructure a business. The office must contract with a business nonprofit organization, bank, nondepository community development financial institution, or other entity to administer the program, and does not have direct lending authority to make loans under the program.The office or an administrator is required to establish policies for the program, including:The process and deadlines for applying to the program; The eligibility criteria for businesses; Maximum assistance levels for loans and grants; Loan terms, program fees, and underwriting and risk management policies; and Reporting requirements for recipients. The policies must be developed with the goal of generating enough return to replenish the Colorado startup loan program fund for further loan allocations.In determining the eligibility of applicants and the size and terms of loans and grants, the office or an administrator must consider:The need of the business to restructure as a result of the COVID-19 pandemic or the ability of the business to fill gaps left by closures resulting from the COVID-19 pandemic; The financial losses or other impacts from the COVID-19 pandemic that may inhibit an entrepreneur from obtaining capital through traditional sources; Whether the applicant or the applicant's community faces other barriers to accessing capital from traditional sources; and The applicant's financial needs and the likelihood the applicant would need to be supported by a nontraditional lender. If the administrator determines that an applicant would likely be eligible to receive a loan and may obtain more favorable terms from a traditional financial institution, the administrator must notify the applicant in a timely manner.The office is required to work with the minority business office and other stakeholders to promote the program to businesses that are owned by women, minorities, and veterans and to businesses in rural and underserved communities. By September 1, 2021, the office is required to develop and administer a marketing initiative for the program in coordination with the minority business office and other stakeholders.The act creates the Colorado startup loan program fund. The state treasurer is required to transfer $30 million from the general fund to the Colorado startup loan program fund on the effective date of the act. The money is continuously appropriated to the office for the program. In addition, $10 million is appropriated from the economic recovery and relief cash fund to the Colorado startup loan program fund. This money is continuously appropriated to the office to provide loans and grants through the program to respond to the negative impacts of the COVID-19 pandemic, subject to the requirements in state and federal law.(Note: This summary applies to this bill as enacted.)

Under current law, adults and juveniles can file motions for relief from collateral consequences. The act states that a motion can be filed related to convictions retroactively.The act allows the state public defender and the office of alternate defense counsel to apply for grants and accept gifts and donations for the purposes of representing defendants in record sealing proceedings. The state public defender and the office of the alternate defense counsel shall not accept a gift, grant, or donation if the gift, grant, or donation is conditioned on its use for sealing records for a specific identified individual or individuals. The state public defender and the office of the alternate defense counsel shall report on the receipt and expenditure of gifts, grants, and donations at its SMART act hearing.The act creates an automatic sealing process for arrest records when no criminal charges are filed. For arrest records on or after January 1, 2022, the Colorado bureau of investigation (CBI) shall seal arrest records in its custody and control after a year has passed without the filing of criminal charges. For arrest records before January 1, 2022, CBI shall seal arrest records for:Felonies with a 3-year statute of limitations if 3 years have passed since the date of arrest without the filing of charges; and Misdemeanors, traffic misdemeanors, petty offenses, or municipal violations with an 18-month statute of limitations or less if 18 months have passed since the date of arrest without the filing of charges. Felony arrest records with a statute of limitations of longer than 3 years or with no statute of limitations are not eligible for automatic sealing. The department of education can still access and use records sealed under these provisions.The act creates a process for a person with multiple conviction records that are eligible for sealing due to an intervening conviction to petition the court in a civil proceeding to have the records sealed. The district attorney has an opportunity to object, and if the district attorney objects, the court sets the matter for hearing to determine whether to seal the records.The act allows a person who receives a full and unconditional pardon to have his or her conviction record sealed.The act creates a process to automatically seal drug convictions. The state court administrator (administrator) shall compile a list of drug convictions eligible for sealing under current law, and seal the record:If the drug conviction is for a petty offense or misdemeanor, and at least 7 years have passed since the disposition of the case; or If the drug conviction is for a felony, and at least 10 years have passed since the disposition of the case. After the administrator compiles the list, the administrator shall send the list to the CBI for review and the bureau shall remove any convictions in which the identity of the defendant is unverifiable or convictions in which the defendant had another conviction during the waiting period. The bureau shall send its list to each district attorney in the state. The district attorney shall remove any convictions in which a condition of a plea was that the defendant agreed to not have the case sealed and convictions in which the defendant has pending criminal charges. Each district attorney shall send its amended list to the administrator. The administrator shall compile each of the lists into one list and sort the convictions by judicial district.The district attorney shall send the list to the chief judge for the judicial district and the courts of that judicial district shall enter sealing orders based on the list received.The administrator shall develop a website that allows defendants to confidentially determine whether the defendant's conviction has been sealed and information about how to receive a copy of the sealing order.The act appropriates from the general fund $300,605 to the judicial department to implement the act. The act appropriates $39,815 from the general fund to the department of public safety for the biometric identification unit.(Note: This summary applies to this bill as enacted.)

Subject to available appropriations, the act requires the department of corrections to create a brain injury pilot program to evaluate outcomes for offenders with a brain injury who received screening and support while in the criminal justice system.The act creates in the department of human services the brain injury support in the criminal justice system task force to develop a plan to integrate into the criminal justice system a model to identify and support individuals with a brain injury who are in the criminal justice system.The act appropriates $144,409 and an additional 0.9 FTE to the department of corrections.(Note: This summary applies to this bill as enacted.)

The act requires the department of corrections (department) to operate a program to assist offenders with acquiring state-issued identification cards and other identification documents necessary for offenders to obtain state-issued identification. The department can enter into agreements with the Colorado department of revenue and federal social security administration as necessary to operate the program.(Note: This summary applies to this bill as enacted.)