Sen. Julie Gonzales

To determine if a faculty or teacher at a state or nonprofit institution of higher education (institution) is a full-time employee under the federal public loan forgiveness program (program), the act requires the faculty's or teacher's credit or contact hours to be multiplied by at least 4.35 to determine the number of hours worked. The act directs institutions to either directly certify employment for the program or annually provide employees with partially completed forms to certify their employment. The act allows an institution to apply this calculation going back to October 1, 2007. APPROVED by Governor March 23, 2023 EFFECTIVE March 23, 2023 (Note: This summary applies to this bill as enacted.)

Under current law, an incarcerated person can motion the court for postconviction DNA testing to prove the person's actual innocence if DNA testing was not available at the time of the person's prosecution. The bill changes who can apply for postconviction DNA testing to include a person convicted of or adjudicated not guilty by reason of insanity for a felony offense in Colorado, including a person currently incarcerated; a person on parole or probation for a felony offense; a person subject to sex offender registration; or a person who has completed the sentence imposed for the felony offense (eligible person). The act allows an eligible person to apply for postconviction DNA testing: To show a reasonable probability that the person would not have been convicted; or If evidence was previously available and tested and the evidence now can be subjected to more advanced, scientifically reliable DNA testing that provides a reasonable likelihood of more probative results. The act permits the court to order postconviction DNA testing if there is a reasonable probability that the petitioner would not have been convicted if favorable results had been obtained through DNA testing at the time of the original prosecution. The act allows a court to consider a subsequent petition with new or different grounds for relief if the petitioner establishes good cause or the interests of justice so require. If the results of DNA testing are favorable to the petitioner, the court shall schedule a hearing within 30 days after the results to determine appropriate relief to be granted including, but not limited to, an order setting aside or vacating the petitioner's conviction. The act requires the district attorney to notify the victim of the hearing at which the victim can appear. APPROVED by Governor March 10, 2023 EFFECTIVE October 1, 2023 (Note: This summary applies to this bill as enacted.)

Current law directs the office of alternate defense counsel (office) to contract with attorneys and investigators to provide legal representation to clients who are indigent. The act directs the office to also contract with other persons who are necessary to provide legal services to persons who are indigent. The act requires that the legal services provided by attorneys and other persons must be commensurate with the legal services that persons who are not indigent receive. APPROVED by Governor March 3, 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 bill imposes requirements for certain types of employers with regard to: The determination of employee work schedules; Employee requests for changes to work schedules; and Notices and posting of employee work schedules. In addition to pay for hours worked by the employee, the bill requires certain types of employers to pay employees: Predictability pay when an employer makes certain changes to an employee's work schedule; Rest shortfall pay when an employee is required to work hours without a minimum period of rest after a prior shift; Retention pay when an employer provides work hours to a new employee without first offering the work hours to existing employees; and Minimum weekly pay in an amount that corresponds to 15% of the average weekly hours indicated on the employee's anticipated work plan, paid at the greater of the employee's regular rate of pay or the minimum wage, regardless of whether the employee works such hours. The bill prohibits employers from discriminating or taking any adverse action against an employee based on the hours an employee is scheduled or actually works, the expected duration of employment, or the employee's desired work schedule. The bill also prohibits retaliation against an employee for attempting to exercise any right created in the bill. Employers are required to retain records demonstrating their compliance with the requirements of the bill. A person who is aggrieved by a violation of the requirements of the bill may file a complaint with the division of labor standards and statistics (division) in the department of labor and employment or bring a civil action in district court. The division is authorized to investigate complaints and, upon determining that a violation occurred, to impose fines, penalties, or damages and award attorney fees and costs. The division is also authorized to bring a civil action to enforce the requirements of the bill. The bill includes protections for whistleblowers and establishes penalties for violations. The director of the division is required to promulgate rules to implement the bill. (Note: This summary applies to this bill as introduced.)

The Colorado interagency working group on school safety (working group) is scheduled to repeal on September 1, 2022. The act continues the working group indefinitely and requires the department of public safety to convene the first meeting of the working group no later than December 31, 2022. The act appropriates $100,000 from the general fund to the department of public safety for the working group. (Note: This summary applies to this bill as enacted.)

If the trier of fact finds a defendant not guilty by reason of insanity (NGRI) for a crime that is not a class 1 or class 2 felony, resulted in another person suffering serious bodily injury or death, involved the defendant using a deadly weapon, or involved felony unlawful sexual behavior, the act authorizes the court, at the request of the defendant, to allow the defendant to remain at liberty or set a hearing to modify the bond and delay final disposition, delay formal entry of the finding of NGRI, and stay the commitment of the defendant to the custody of the department of human services (state department) until the conclusion of the initial release hearing. If the defendant is on bond, the act requires the court to order the state department to conduct a release examination on an outpatient basis. Upon an initial commitment following a finding of NGRI, or upon delaying the final entry of the finding of NGRI, the act requires the court to schedule an initial release hearing no later than 120 days after the initial commitment. The act requires the court to conduct the initial release hearing. The act requires the court to order the state department to complete a release examination no later than 30 days prior to the initial release hearing. The act authorizes the court to continue the hearing beyond 120 days upon a finding of good cause or if necessary to conduct a second evaluation of the defendant. Beginning September 1, 2022, the act requires the chief officer of the institution at which the defendant is committed to annually submit a release examination report to the court certifying whether the defendant continues to meet the criteria for ongoing inpatient hospitalization or meets the applicable test for release. The act describes what must be included in the release examination report. The act appropriates $868,271 to the state department from the general fund for use by the office of behavioral health. (Note: This summary applies to this bill as enacted.)

The act creates the displaced Aurarian scholarship (scholarship) to fully fund scholarships to attend Metropolitan state university of Denver, the university of Colorado at Denver, or the community college of Denver for descendants of people displaced by the development of the Auraria higher education center. The act requires Metropolitan state university of Denver, the university of Colorado at Denver, and the community college of Denver, in collaboration, to establish criteria for scholarship recipients. The act appropriates $2 million from the general fund to the department of higher education to be distributed equally to Metropolitan state university of Denver, the university of Colorado at Denver, and the community college of Denver for the scholarships. (Note: This summary applies to this bill as enacted.)