The act removes the following administrative fees, costs, and surcharges in juvenile delinquency cases that a juvenile or a juvenile's parent or legal guardian must pay:Cost of care, other than costs required pursuant to the federal "Social Security Act", for a juvenile sentenced to a placement out of the home or granted probation as a result of an adjudication, deferral of adjudication, or direct filing in or transfer to district court; Costs of prosecution and the amount of the cost of care imposed upon a juvenile who is adjudicated a juvenile delinquent; Fees for applying for court-appointed counsel and costs of the representation when a juvenile's parent, guardian, or legal custodian is determined not to be indigent; Costs and surcharges levied on criminal actions and traffic offenses paid into the court district's crime victim compensation fund and the victims and witnesses assistance and law enforcement fund; Surcharges paid into the sex offender surcharge fund by juveniles adjudicated, or who receive a deferred adjudication, for commission of a sex offense; Cost of the juvenile's medical care in the youthful offender system provided to the minor based on the minor's consent; Cost of collecting and testing biological samples from juveniles sentenced to the youthful offender system; Time payment and late penalty fees assessed when a juvenile does not pay fines, fees, costs, surcharges, or other monetary assessments in criminal cases; The restorative justice surcharge; Costs and surcharges related to impaired driving; and The fee assessed on persons required to perform community or useful public service. A court is prohibited from including fees related to participating in restorative justice practices in a court order.Any outstanding balance of the fees, costs, and surcharges repealed in the act are unenforceable and not collectable. Within 6 months after the effective date of the act, the court is required to vacate the portion of a court order that imposes the costs.The act makes transfers from the marijuana tax cash fund to the restorative justice surcharge fund, the crime victim compensation fund, and the victims assistance and law enforcement fund.(Note: This summary applies to this bill as enacted.)
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The act reforms the sentencing provisions related to misdemeanors and petty offenses. Under current law, there are 3 classifications for misdemeanors and 2 classifications for petty offenses. The act reduces the misdemeanor classifications to 2 and reduces the petty offenses to one classification and adds a new classification of civil infraction. A class 1 misdemeanor is punishable by up to 364 days in jail or a fine of up to $1,000 or both, and a class 2 misdemeanor is punishable by up to 120 days in jail or a fine of up to $750 or both. A petty offense is punishable by up to 10 days in jail or a fine of up to $300 or both. A civil infraction is punishable by a fine of up to $100.The act reclassifies various criminal offenses within the new classification system for misdemeanors, petty offenses, and civil infractions. The act changes the elements of some crimes to align with the new sentencing classifications. The act creates procedural rules for prosecution of the new civil infractions. The act updates the alternate sentencing options for misdemeanors and petty offenses. The act creates standard time credits for jail sentences.The act appropriates $95,340 to the department of revenue for use by the division of motor vehicles. $35,940 of the appropriation is from the general fund and $59,400 of the appropriation is from the licensing services cash fund.(Note: This summary applies to this bill as enacted.)
When a peace officer is present at the scene of an emergency, an emergency medical service provider (EMS provider) authorized to administer ketamine in a prehospital setting shall only administer ketamine if the EMS provider has:Weighed the individual to ensure accurate dosage or estimated the individual's weight with the agreement of at least 2 personnel trained in weight assessment if the EMS provider is unable to weigh the individual; Training in the administration of ketamine; Training in advanced airway support; Equipment available to manage respiratory depression; and Equipment available to immediately monitor the vital signs of the individual receiving ketamine and the ability to respond to any adverse reactions. An EMS provider who administers ketamine shall provide urgent transport to the individual receiving ketamine and record any complications arising out of such administration. Absent a justifiable medical emergency, an EMS provider shall not administer ketamine in a prehospital setting to subdue, sedate, or chemically incapacitate an individual for alleged or suspected criminal, delinquent, or suspicious conduct. Any noncompliance by an EMS provider is considered misconduct.The act prohibits a peace officer from using, directing, or unduly influencing the use of ketamine upon another person and from compelling, directing, or unduly influencing an EMS provider to administer ketamine. A peace officer who is also certified as an EMS provider may administer ketamine when the decision is based on the EMS provider's training and expertise.An EMS provider shall confidentially report a peace officer's violation to the peace officers standards and training board (P.O.S.T. board) within 10 days of the occurrence, and a peace officer shall not retaliate in any way against an EMS provider for reporting the incident. Upon receipt of the report, the P.O.S.T. board shall submit the report to the peace officer's employing agency, which shall conduct an internal investigation of the alleged violation and transmit the findings to the P.O.S.T. board. If the findings are substantiated, the peace officer's certification is subject to revocation.A peace officer shall not unduly influence an EMS provider's medical decision or diagnosis, and an EMS provider shall not base its medical decision exclusively on information provided by a peace officer; except that a peace officer may provide critical medical information or any other pertinent information about the individual or the scene of the emergency that may assist the EMS provider's assessment of the need to administer ketamine. When a peace officer directs a person to assist the peace officer, the person is prohibited from administering ketamine.The act requires a peace officer who witnesses another peace officer use ketamine in pursuance of the peace officer's duties to report such use to the P.O.S.T. board. The report must be in writing and made within 10 days of the occurrence of the use of ketamine. Any peace officer who fails to report use of ketamine commits a class 1 misdemeanor. Upon receipt of the report, the P.O.S.T. board shall submit the report to the peace officer's employing agency, which shall conduct an internal investigation of the alleged violation and transmit the findings to the P.O.S.T. board. If the findings are substantiated, the peace officer's certification is subject to revocation.The act requires a peace officer to intervene, without regard for chain of command, to prevent or stop another peace officer from using ketamine in pursuance of the other peace officer's duties. A peace officer who intervenes shall report the intervention to the peace officer's immediate supervisor. A member of a law enforcement agency shall not discipline or retaliate in any way against a peace officer for intervening. Any peace officer who fails to intervene commits a class 1 misdemeanor, and the officer's certification is subject to revocation.The act changes the structure of the emergency medical practice advisory council (advisory council) by adding an anesthesiologist and a clinical psychiatrist. The act requires the advisory council to submit a report to the general assembly any time the advisory council advises or recommends authorizing the administration of any new chemical restraints.Beginning January 1, 2022, and each January 1 thereafter, the department of public health and environment (department) shall submit an annual report on the statewide use of ketamine by EMS providers and any complications that arise out of such use to the general assembly. The department shall make the report available on the department's website.The act appropriates $132,488 to the department of public health and environment for use by the health facilities and emergency medical services division to implement the act.(Note: This summary applies to this bill as enacted.)
Under current law, local governments are prohibited from requiring or banning the use or sale of specific types of plastic materials or products. The act repeals the prohibition on July 1, 2024.The act prohibits stores and retail food establishments, on and after January 1, 2024, from providing single-use plastic carryout bags to customers; except that retail food establishments that are restaurants and small stores that operate solely in Colorado and have 3 or fewer locations may provide single-use plastic carryout bags. The prohibition does not apply to inventory purchased before January 1, 2024, and used on or before June 1, 2024, which may be supplied to a customer at the point of sale for a 10-cent or greater fee.Between January 1, 2023, and January 1, 2024, a store may furnish a recycled paper carryout bag or a single-use plastic carryout bag to a customer at the point of sale if the customer pays a fee of 10 cents per bag or a higher fee adopted by the municipality or county in which the store is located.On and after January 1, 2024, a store may furnish only a recycled paper carryout bag to a customer at the point of sale at a fee of 10 cents per bag or a higher fee imposed by the municipality or county in which the store is located.A store is required to remit, on a quarterly basis beginning April 1, 2024, 60% of the carryout bag fee revenues to the municipality or county within which the store is located and may retain the remaining 40% of the carryout bag fee revenues. A municipality or county may use its portion of the carryout bag fee revenues to pay for its administrative and enforcement costs and any recycling, composting, or other waste diversion programs or related outreach or education activities.The carryout bag fee does not apply to a customer that provides evidence to the store that the customer is a participant in a federal or state food assistance program.The act prohibits a retail food establishment, on and after January 1, 2024, from distributing an expanded polystyrene product for use as a container for ready-to-eat food in this state. Retail food establishments that purchase expanded polystyrene products before January 1, 2024, may continue to use the products until their supply is depleted.The act also authorizes a local government to enforce against a violation of the act and expressly authorizes a county to impose a civil penalty against a store or retail food establishment of up to $500 for a second violation or up to $1,000 for a third or subsequent violation; except that a local government cannot enforce a violation committed by a retail food establishment located within a school.On and after July 1, 2024, a local government may enact, implement, or enforce an ordinance, resolution, rule, or charter provision that is as stringent as or more stringent than the requirements set forth in the act.The act does not apply to materials used in the packaging of pharmaceutical drugs, medical devices, or dietary supplements or any equipment or materials used to manufacture pharmaceutical drugs, medical devices, or dietary supplements.(Note: This summary applies to this bill as enacted.)
Under current law, the office of the child protection ombudsman (ombudsman) has a duty to receive complaints made by or on behalf of a child relating to the child protection system in order to investigate and seek resolution of the complaint. The act extends the scope of the ombudsman's duties to self-initiate impartial and independent investigations and ongoing reviews of the safety and well-being of unaccompanied immigrant children who live in a state-licensed residential child care facility (facility) and who are in the custody of the office of refugee resettlement of the federal department of health and human services. The ombudsman may seek resolution of such investigations and ongoing reviews by referring an investigation and ongoing review to the state department of human services (department) or the appropriate agency or entity and making a recommendation for action relating to the investigation and ongoing review of the facility. The ombudsman may request, review, and receive copies of information, records, or documents that the ombudsman deems necessary to conduct a thorough and independent investigation and ongoing review of the facility. The ombudsman shall report the results of the investigation and ongoing review in the ombudsman's annual report.The act requires the facility to notify the ombudsman and the department within 3 days after the arrival of an unaccompanied immigrant child.The act permits the department and the ombudsman to coordinate site visits to investigate and review a facility. The department and the ombudsman may share final reports based on their site visits.For the 2021-22 state fiscal year, $90,600 is appropriated from the general fund to the judicial department and provides 0.9 FTE for use by the office of the child protection ombudsman to implement the act.(Note: This summary applies to this bill as enacted.)
The act requires penal communications service providers (providers) who provide penal communications services (services) to correctional facilities (facilities) to maintain data and records (data) related to the services provided to those facilities. The act requires providers to submit the data and a report on the services provided to the public utilities commission (commission) on a quarterly basis. The commission is required to publish the data and report on its website in a format accessible by the public.The commission shall establish a maximum per-minute rate for in-state debit, prepaid, and collect calls to or from facilities, and shall conduct trial tests to ensure accountability and transparency. Starting on January 1, 2022, rate caps established by the federal communications commission apply to all in-state debit, prepaid, and collect calls to or from a facility.The act requires the commission to conduct trial tests on a statistically valid sample of penal communications services and document the test results to ensure the quality of the calls and the accountability of the service.The act requires providers to include specific language to be displayed prominently on the provider's website concerning the filing of a complaint.Current law exempts providers and the services provided from oversight by the commission. The act grants the commission authority over providers and the services provided.For the 2021-22 state fiscal year, the act appropriates $259,251 to the department of regulatory agencies for use by the public utilities commission. This appropriation is from the telecommunications utility fund. To implement this act, the division may use this appropriation as follows:$232,101 for personal services, which amount is based on an assumption that the division will require an additional 3.0 FTE; and $27,150 for operating expenses.(Note: This summary applies to this bill as enacted.)
The act directs the chief information officer to convene an advisory group to study where personally identifiable information is stored by state agencies throughout Colorado, to study entities that have access to personally identifiable information stored by state agencies, and to determine the costs and processes necessary to centralize the storage and protection of personally identifiable information.The advisory group consists of the members of the government data advisory board, a member who represents the attorney general's office, and members selected and appointed by the chief information officer who are personally identifiable information experts.The advisory group shall report to the general assembly on or before January 1, 2023, with its findings and recommendations for legislation, if any. The advisory group is subject to repeal January 1, 2024.(Note: This summary applies to this bill as enacted.)
The act expands the existing "Colorado Student Loan Servicers Act", which applies only to persons who service student loans, by adding a new part 2 covering private lenders, creditors, and collection agencies (private education lenders) in connection with those student education loans that are not made, insured, or guaranteed under federal law and that are used for postsecondary education. The act:Requires private education lenders to register with an assistant attorney general; Requires private education lenders to grant a release to cosigners if certain conditions are met, including 12 months of consecutive, on-time payments, and to ensure that cosigners have access to all documentation and records related to the loan they have cosigned; Expands disability discharge requirements so that a borrower or cosigner may be released from repayment obligations if permanently disabled; Prohibits "robo-signing" of documents used in collection lawsuits and requires specific evidence of loan origination and chain of ownership of the debt before a loan creditor or collection agency may commence legal proceedings; Prohibits auto-defaults, in which a loan is declared immediately due and payable upon the death or bankruptcy of a cosigner even when there has been no default in payments; and Provides legal recourse for borrowers who are harmed by predatory acts and practices of a private education lender. A violation of the new part 2 is defined as a deceptive trade practice under the "Colorado Consumer Protection Act".(Note: This summary applies to this bill as enacted.)
The act requires the secretary of state (secretary) and county clerk and recorders (county clerk) of certain counties to provide multilingual ballot access.The secretary is required to establish a multilingual ballot hotline (hotline) to provide access to qualified translators or interpreters in each of the languages in the state that has at least 2,000 citizens age 18 years or older who speak English less than very well and who speak a shared minority language at home, and in any additional languages the secretary determines by rules is necessary to assist electors in translating ballot language. The secretary is required to establish the hotline for use during the general election held in November 2022, and for every general election and statewide odd-year election thereafter. The act specifies when the hotline must be available during voting periods. The secretary is also required to:Provide notice of the hotline to electors through election day; Ensure that the translators who provide translations for the multilingual hotline are qualified translators or interpreters; and Promulgate rules as may be necessary to create and administer the hotline. The county clerk of any county that satisfies specified criteria is required to create, in coordination with the secretary, a minority language sample ballot (sample ballot) in any minority language spoken in the county that satisfies the following:The minority language is spoken by at least 2,000 citizens in the county age 18 years or older, who speak English less than very well, and who speak the minority language at home; or The minority language is spoken by at least 2.5% of citizens in the county age 18 years or older, who speak English less than very well, and who speak the minority language at home. The act specifies that the sample ballot must include all of the same content that is on the English language ballot and also specifies the format of the sample ballot. In addition, the act requires that the sample ballots be available for the general election held in November 2022, and for each general election and statewide odd-year election thereafter.The county clerk of any county that satisfies specified criteria is required to provide, upon the request of an elector, an in-person minority language ballot (in-person ballot) in any minority language spoken in the county that satisfies the same criteria specified for sample ballots. An in-person ballot can be a ballot on demand, a ballot from a printed stock of ballots, or a ballot via an electronic voting device.The act specifies that the in-person ballot must include all of the same content that is on the English language ballot and specifies that in-person ballots are required to be available for the general election held in November 2022, and for each general election and statewide odd-year election thereafter.The secretary is required to determine, pursuant to specified criteria, which counties in the state are required to provide multilingual ballot access by creating a sample ballot and providing an in-person ballot, and to notify the county clerk of any county that is required to provide such multilingual ballot access.Legislative council staff is required to provide to the secretary a translation of all statewide ballot questions or issues that will appear on the ballot in every language in which a minority language sample ballot must be provided in the state. The secretary is required to provide each county clerk that is required to provide multilingual ballot access with a translation in the applicable minority language or languages of all content that is certified to the county clerks by the secretary of state for use by the county clerk in creating the multilingual ballot access.For the 2021-22 state fiscal year, $82,800 is appropriated from the department of state cash fund to the department of state for use by the information technology division to implement the act.(Note: This summary applies to this bill as enacted.)
The act creates 3 different programs in the department of local affairs (DOLA) for the purpose of offering grant money and other forms of state assistance to local governments to promote innovative solutions to the development of affordable housing across the state.Local government affordable housing development incentives grant program (housing development incentives grant program). This program will provide grants to local governments that adopt not less than 3 policy and regulatory tools from among a menu of options that create incentives to promote the development of affordable housing. A local government that adopts such tools is eligible for a grant from the housing development incentives grant program as an incentive to develop one or more affordable housing developments in their community that are liveable, vibrant, and driven by community benefits. The division of local government (DLG) within DOLA administers the housing development incentives grant program.The act enumerates items included in the menu of policy and regulatory tools.Local government planning grant program. This program will provide grants to local governments that lack one or more of the policy and regulatory tools that provide incentives to promote the development of affordable housing that forms the basis for a grant under the housing development incentives grant program and that could benefit from additional funding to be able to create and make use of these policy and regulatory tools. Money under the planning grant program will be available to a local government to enable the government to retain a consultant or a related professional service to assess the housing needs of its community or to make changes to its policies, programs, development review processes, land use codes, and related rules to become an eligible recipient of a grant under the housing development incentives grant program. The planning grant program will be administered by the DLG. As part of its administration of the planning grant program, the DLG will provide assistance to local governments on best land use practices and tools and is required to update and publish model county and municipal land use codes for the benefit of local governments across the state.The affordable housing guided toolkit and local officials guide program (housing toolkit program). This program creates the housing toolkit program within the division of housing (DOH) within DOLA. The purpose of the housing toolkit program is to award funding to qualified counties, and municipalities, and federally recognized tribes within the state selected in a competitive process who commit to the adoption of best land use practices with demonstrated success in the development of affordable housing. Under the housing toolkit program, technical assistance will be provided by consultants and related professionals to local governments who demonstrate an understanding of the housing needs of their communities, take steps to engage their entire communities in this process, make changes to their land use codes and related processes that provide incentives and reduce barriers to the development of affordable housing, obtain and support viable sites in their communities for the development of affordable housing, and attract developers committed to making such investments in their communities. The DOH is to administer the housing toolkit program.In evaluating applications for grants from the housing development incentives grant program, the act requires the DLG to prioritize proposals submitted by local governments based on factors specified in the act.On or before September 1, 2021, the act requires the executive director of DOLA or the executive director's designee to adopt policies, procedures, and guidelines for the 3 different state assistance programs that include, without limitation:Procedures and timelines by which an eligible recipient may apply for a grant; Criteria for determining the amount of grant awards; Performance criteria for grant recipients' projects; and Reporting requirements for grant recipients. On the effective date of the act, or as soon as practicable thereafter, the state treasurer is required to transfer $30,000,000 from the affordable housing and home ownership cash fund to the Colorado heritage communities fund and $9,300,000 from the general fund to the Colorado heritage communities fund. DLG must use this money transferred for the creation, implementation, and administration of the housing development incentives grant programs.On the effective date of the act, or as soon as practicable thereafter, the state treasurer is required to transfer $5,000,000 from the affordable housing and home ownership cash fund to the Colorado heritage communities fund and $2,100,000 from the general fund to the Colorado heritage communities fund. DLG must use this money transferred for the creation, implementation, and administration of the planning grant program.On the effective date of the act, or as soon as practicable thereafter, the state treasurer is required to transfer $1,600,000 from the general fund to the housing development grant fund for the creation, implementation, and administration by the DOH of the housing toolkit program.All costs incurred in administering any of the 3 programs created under the act must be paid out of the money transferred under the act. All money transferred under the act for the 3 state programs must be expended over the subsequent 3 state fiscal years.On or before November 1 of each year, the executive director of DOLA or the director's designee is required to publish a report summarizing the use of all assistance that was awarded from the 3 different programs created under the act in the preceding fiscal year. The act specifies additional required contents of the reports. The reports must be shared with the general assembly and posted on DOLA's website.The act updates and repeals obsolete statutory provisions concerning the office of smart growth (OSG) within DOLA and the Colorado heritage communities fund.The act authorizes the OSG, as money becomes available, to provide grants or other forms of assistance to counties and municipalities to address critical planning issues and specifies examples of the forms of assistance that may be provided by the office. The OSG is required to create guidelines to specify the activities on the part of local governments that will qualify for grant funding or other forms of assistance provided under the act. The OSG is permitted to use available money to administer the Colorado heritage grant program.The act appropriates $39,300,000 to DOLA from the Colorado heritage communities fund for the affordable housing development incentives grant program.The act appropriates $7,100,000 to DOLA from the Colorado heritage communities fund for the local government planning grant program.(Note: This summary applies to this bill as enacted.)