Under existing law, offenders sentenced to the youthful offender system are housed and serve their sentences in a facility separate from, and are not brought into daily physical contact with, inmates older than 24 years of age who are sentenced to the department of corrections who have not been sentenced to the youthful offender system. The bill adds an exemption that permits youthful offenders to be housed in a youthful offender facility with inmates who are participating in a mentoring program; except that youthful offenders may not be housed with inmates who have been convicted of a sex offense. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
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Under current law, all managers and employees of a medical marijuana business or a retail marijuana business with day-to-day operational control must be Colorado residents when they apply for licensure. The act repeals this residency requirement. The act clarifies that all employee licenses are valid for a period not to exceed 2 years and all regulated marijuana business licenses and licenses granted to a controlling beneficial owner are valid for one year. (Note: This summary applies to this bill as enacted.)
The act repeals the death penalty in Colorado for offenses charged on or after July 1, 2020. The act states that any death sentence in effect on July 1, 2020, is valid. (Note: This summary applies to this bill as enacted.)
The act protects an individual from civil arrest while the person is present at a courthouse or on its environs, or while going to, attending, or coming from a court proceeding. A judge or magistrate may issue a writ of protection to prohibit a civil arrest, but a writ of protection is not required for the protection to apply. The act provides various remedies for violation of this protection. (Note: This summary applies to this bill as enacted.)
For purposes of the census, the federal census bureau counts prisoners in the correctional facility in which they were housed as of April 1 of the year in which the census was taken. For redistricting purposes, the act reassigns those persons to their last known residence in Colorado prior to incarceration. If the last known residence is outside of Colorado or the last known residence is unknown, the prisoners are counted for purposes of redistricting at the correctional facility. The act requires the department of corrections (department) to begin collecting and maintaining specified information on inmates to be able to provide that information following a federal census. It directs the department to report the information to the legislative council staff and the office of legislative legal services (nonpartisan staff) and directs nonpartisan staff to develop a database of population to be used in redistricting of congressional, state senate, and state house of representatives districts. (Note: This summary applies to this bill as enacted.)
Under current law, the Centennial south campus of the Centennial correctional facility is only able to house inmates under limited circumstances. The act opens the facility for up to 650 close custody inmates. The act requires the executive director of the department of corrections (department), to develop and rely upon criteria for the protection of the health, safety, and financial interests of the state of Colorado related to housing out-of-state prisoners in private prisons in Colorado. The act gives the executive director the authority to rescind his or her approval for placement of out-of-state prisoners in a Colorado private prison. The act directs the division of local government (division) in the department of local affairs to contract with a nationally recognized research and consulting entity to study future prison bed needs in Colorado. While conducting the study, the entity shall solicit input from local communities and other interested parties or issue experts, including but not limited to public safety experts, victim's advocates, prosecutors, defense attorneys, and community reentry providers and shall convene an advisory committee with representatives from the areas that have a private prison to consult with the entity during the study. The division shall hold public hearings in the areas that have a private prison to allow public input on the study. The study must include: An analysis of the economic and other impacts that potential prison closure would have on local governments and the wider community and recommendations on strategies to diversify the local economy; A utilization analysis of all state and privately operated facilities and all other facilities that can be used for housing inmates; and An analysis of the feasibility of the department to obtain privately owned facilities or utilize unused state-owned buildings in Colorado. The division shall report the study to the judiciary committees of the senate and house of representatives during the committees' SMART Act hearings held during the 2021 session. The act adds to the list of achievements that allow an inmate to receive earned time showing exemplary leadership through mentoring, community service, and distinguished actions benefitting the health, safety, environment, and culture for staff and other inmates. Under current law, an offender is not entitled to an evidentiary hearing for resentencing when the offender is rejected for placement in a community corrections program. The act requires the sentencing court to provide the offender with a new sentencing hearing for any termination from a community corrections program. The act amends the escape statutes to exclude from the concepts of custody or confinement for purposes of escape: Direct sentences to, or transitioning from the department to, a community corrections program; Participating in a work release or home detention program; Intensive supervision program or any other similar authorized supervised or unsupervised absence from a detention facility; Being housed in a staff-secure facility; or Placement in an intensive supervision parole program. The act creates a new crime of unauthorized absence if the person is serving a supervised sentence outside of a prison and: Leaves or fails to return to his or her residential or facility location without permission of the supervising agency and in violation of the terms and conditions of supervision; or Removes or tampers with an electronic monitoring device required by the supervising agency to be worn by the person in order to monitor his or her location without permission and with the intent to avoid arrest, prosecution, monitoring, or other legal processes. The act appropriates $250,000 from the general fund for the required study. The act makes adjustments to the appropriations to department of corrections for the operation of the Centennial south campus of the Centennial correctional facility. (Note: This summary applies to this bill as enacted.)
The bill prohibits a landlord of a mobile home park or a residential premises (landlord) from: Charging a tenant or mobile home owner a late fee for late payment of rent unless the rent payment is late by at least 14 calendar days; Charging a tenant or mobile home owner a late fee in an amount that exceeds the greater of: $20; or The lesser of 3% of the tenant's or home owner's monthly rent obligation or 3% of the amount of the rent obligation that remains due; Removing, excluding, or initiating eviction procedures against a tenant or mobile home owner solely as a result of the tenant's or mobile home owner's failure to pay late fees; Imposing a late fee on a tenant for the late payment or nonpayment of any portion of the rent for which a rent subsidy provider, rather than the tenant, is responsible for paying; Imposing a late fee more than once for each late payment; Requiring a tenant or mobile home owner to pay interest on late fees; or Recouping any amount of a late fee from a rent payment made by a tenant or mobile home owner. A landlord may recoup one or more late fees from a tenant or mobile home owner's security deposit if the payment of each late fee is no more than 180 days overdue and the landlord provides written notice to the tenant or mobile home owner that the landlord has recouped each late fee from the tenant or mobile home owner's security deposit. A landlord shall not require a tenant or mobile home owner to pay any fee or other charge other than the rent; except that a landlord may require a tenant or mobile home owner to pay a use-based fee that is described in the rental agreement. If a landlord provides to a tenant or mobile home owner a utility service that is not individually metered, the landlord shall include the cost of the utility service in the tenant's or mobile home owner's rent and charge the actual cost of the utility service on a uniform basis to all tenants or mobile home owners who receive the service. (Note: This summary applies to this bill as introduced.)
In a construction contract of at least $150,000, the bill requires: A property owner to make partial payments to the contractor of any amount due under the contract at the end of each calendar month or as soon as practicable after the end of the month; A property owner to pay the contractor at least 95% of the value of satisfactorily completed work; A property owner to pay the withheld percentage within 60 days after the contract is completed satisfactorily; A contractor to pay a subcontractor for work performed under a subcontract within 30 calendar days after receiving payment for the work, not including a withheld percentage not to exceed 5%; A subcontractor to pay any supplier, subcontractor, or laborer who provided goods, materials, labor, or equipment to the subcontractor within 30 calendar days after receiving payment under the subcontract; and A subcontractor to submit to the contractor a list of the suppliers, sub-subcontractors, and laborers who provided goods, materials, labor, or equipment to the subcontractor for the work. The bill does not apply to contracts with public entities or to a contract concerning one multi-family dwelling of no more than 4 units or one single-family dwelling. A person who fails to make a required payment must pay 1.5% interest per month until the debt is fully paid. In a lawsuit to enforce the bill, the prevailing party is awarded attorney fees and costs. (Note: This summary applies to this bill as introduced.)