After an individual has been discharged from a facility where an individual was held for an emergency mental health hold, current law requires the facility to attempt to follow up with the individual at least 48 hours after discharge. The act extends the time to attempt to follow up with the individual to 72 hours following discharge, excluding weekends and holidays. The act restricts the behavioral health administration (BHA) from issuing or renewing a license for a behavioral health entity unless the BHA receives a certificate of compliance for the applicant's building or structure from the division of fire prevention and control. The act adds the following exceptions to this requirement:An applicant that provides only telehealth services is not required to receive a certificate of compliance; andAn applicant that provides only outpatient services may receive a certificate of compliance from the division of fire prevention and control based on inspections conducted by a fire department that employs a certified inspector rather than from the division of fire prevention and control.(Note: This summary applies to this bill as enacted.)
The act clarifies an existing requirement for the criminal conviction of a property owner by requiring that one or more criminal charges be brought as a prerequisite to any nuisance abatement or forfeiture proceeding. Existing law provides an exception to the conviction requirement for noninnocent owners who are not subject to criminal charges that no criminal conviction is necessary of the nonowner criminal defendant if the plaintiff proves its case by clear and convincing evidence that the property subject to the forfeiture proceeding is traceable proceeds of the charged offense or related criminal activity. The act clarifies this exception to first require a conviction of the nonowner criminal defendant before the noninnocent owner's property may be forfeited, while retaining other various exceptions that allow forfeiture actions to proceed against the interest of a claimant. The act establishes a right for indigent civil asset forfeiture defendants to access forfeiture defense counsel and creates a procedure for the appointment of forfeiture defense counsel in nuisance abatement and forfeiture proceedings. The state court administrator shall enter into a contract for services with a private contractor who regularly provides legal services for indigent clients or litigants to provide a legal defense to a civil asset forfeiture proceeding. The private contractor is subject to certain reporting requirements. The act creates a forfeiture defense counsel fund (fund) to pay for contracted forfeiture defense counsel who are authorized to represent persons against whom a nuisance abatement or forfeiture proceeding has been filed in connection with criminal charges. The fund is capped at $500,000, and starting in state fiscal year 2027-28, no general fund money is allowed to finance the fund. The balance of the fund over $500,000 is credited to the law enforcement community services grant program fund. The act transfers any unexpended and unencumbered money from the law enforcement community services grant program fund to the forfeiture counsel defense fund. The act alters the disposition of property and proceeds ordered forfeited in a nuisance abatement or forfeiture action. Currently, forfeited property and proceeds are applied first toward restitution and cost recovery for a list of stakeholders, and of the remainder, 50% is granted to the local governmental body with authority over the seizing agency, 25% is granted to the local behavioral health administrative services organization, and 25% is granted to the law enforcement community services grant program fund. The act amends the disposition of the remainder so that 50% is granted to the local governmental body with authority over the seizing agency, 25% is granted to the fund, and 25% is granted to the local behavioral health administrative services organization. The act appropriates $556,750 to the judicial department from the fund for civil asset forfeiture defense contracting and $55,000 to the department of local affairs from the fund for civil asset forfeiture portal administration.(Note: This summary applies to this bill as enacted.)
SB 132, known as the "Magnus Law," requires Colorado law enforcement officers to offer drivers involved in collisions resulting in death or suspected serious injury the opportunity to voluntarily take a breath test for alcohol. The bill mandates officers provide clear, plain-language advisement that the test is voluntary, refusal carries no penalty, and results cannot be used in court. It applies when officers reasonably suspect the driver was at fault and the driver isn't critically injured, creating a standardized protocol to ensure consistent investigation of potential impairment at serious crash scenes. This change aims to preserve evidence that might otherwise be lost, without altering existing legal standards for driving under the influence.
The act clarifies that video and audio recordings (recordings) depicting an incident of a peace officer's use of force that resulted in death (incident) must be provided to the decedent's immediate family within 21 days after the incident regardless of whether there is a complaint of peace officer misconduct for the incident. The act requires the multi-agency team investigating the incident or the law enforcement agency that employs the peace officer who used force in the incident to notify the decedent's immediate family about the multi-agency team investigation into the incident within 24 hours after the scene of the incident is cleared. The notification must include the names of the law enforcement agencies that comprise the multi-agency investigating team and the status of the investigation. The act prohibits a peace officer participating in the investigation of a criminal matter involving an incident from making an extrajudicial statement on behalf of a law enforcement agency that the peace officer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding on the matter. Video of an incident produced for purposes of a community or critical incident briefing must include certain disclaimers, and narration or commentary must be limited to the facts of the incident.(Note: This summary applies to this bill as enacted.)
The act requires the department of corrections (department) to furnish an individual being discharged from the department's custody a release allowance of at least $100, free of any deductions. Beginning by September 15, 2027, and annually thereafter, the department is required to collect and report discharge data, including the number of individuals released from department correctional facilities, the number and percentage of released individuals who received the release allowance, and the total amount of money spent on release allowances. The department must issue a report to the general assembly annually. The act repeals provisions requiring the department to give an individual a ticket to leave prior to discharging the individual from a correctional facility. The act requires eligible offenders to participate in the department's existing program to procure state-issued identification cards for offenders (program), unless the offender affirmatively opts-out of the program. Beginning by September 15, 2027, and annually thereafter, the department is required to collect data on the process of securing necessary identification documents to issue state identification cards and issue a report to the general assembly. The report must include the number and percentage of offenders released with an identification card, birth certificate, and social security number and the number and percentage of offenders who were ineligible to participate in the program and the reason for ineligibility. The department is prohibited from charging an offender a fee to obtain a state identification card, and any fee incurred in the process of securing an offender's identification documents to create the state identification card must be assessed after the offender has been released and may be consolidated with existing restitution, fees, or other legal financial obligations owed by the offender. The department of public health and environment shall assist the department in securing necessary identification documents.(Note: This summary applies to this bill as enacted.)
The act sets forth a process for a person in prison to petition within the next 3 years for resentencing and for a court to impose a new sentence if the petitioner is 60 years old or older at the time of filing the petition and has served at least 20 calendar years incarcerated for the offense. A person is not eligible to petition if the person is incarcerated as a result of conviction for a sex offense, human trafficking, an offense that resulted in a sentence to life imprisonment without the possibility of parole, an offense for which the victim was a child younger than 12 years old, or an offense against a first responder engaged in the performance of their duties. At the hearing on the petition, the petitioner has the burden to show by a preponderance of the evidence that the petitioner no longer presents an identifiable danger to the safety of any person or the community and that there is good cause for the court to modify the sentence. Upon the court finding that the petitioner has met their burden, the petitioner is permitted to file a motion for reconsideration and reduction of the initial sentence pursuant to the Colorado rules of criminal procedure. At the hearing on the motion, the court shall determine and impose the appropriate sentence. If a person in prison is not eligible for resentencing pursuant to the act, the district attorney's office that prosecuted the offense resulting in the conviction may petition the court requesting that the court grant post-conviction relief. If the district attorney's office petitions the court, the same procedures apply as if an eligible person petitioned. The act appropriates $50,840 to the judicial department for use by the public defender and $50,326 to the department of corrections for use by community services, and reduces the appropriation in the annual general appropriation act for the 2026-27 state fiscal year to the department of corrections for payments to local jails by $168,980.(Note: This summary applies to this bill as enacted.)
The act creates the 'Colorado Mandatory Lethality Assessment Act', which requires peace officers to conduct a lethality assessment when responding to a domestic violence incident and include the completed lethality assessment in the incident report. A peace officer is not required to administer a lethality assessment if a victim is unavailable, not at the scene, incapacitated, or if circumstances otherwise make the administration of the lethality assessment impossible or impracticable. If the lethality assessment indicates that an individual is a high-risk victim, or if the lethality assessment does not indicate a victim is high-risk but a peace officer determines an individual is a high-risk victim based on the totality of the circumstances, the peace officer is required to immediately contact a community-based victim's advocate either by phone or in person and provide the high-risk victim the opportunity to speak with the advocate. The act requires the attorney general's office, in consultation with a Colorado-based coalition that advocates for survivors of domestic violence, to develop a mandatory training for peace officers to learn how to administer the lethality assessment and provide victim referrals. No later than June 1, 2027, the attorney general is required to make the training available and offer assistance to law enforcement agencies in providing the training. Beginning July 1, 2027, the act requires each law enforcement agency to ensure that each peace officer employed by the agency has completed the mandatory training; except that a law enforcement agency that has provided training on the administration of lethality assessments prior to July 1, 2027, is not required to provide additional training. Beginning January 2028, and each January thereafter, the act requires the attorney general's office to report to the general assembly certain information related to lethality assessments conducted in the previous calendar year. No later than January 31, 2030, the domestic violence fatality review board shall evaluate the effectiveness of mandatory lethality assessments and referrals to resources and submit the evaluation to the general assembly. The act does not impose criminal, administrative, or civil liability on any person for an act or omission made in good faith related to administering a lethality assessment.(Note: This summary applies to this bill as enacted.)
For purposes of the 'Victim Rights Act', the act prohibits a defendant or alleged offender in the underlying case from being the 'lawful representative' of a victim or the victim's designee if the victim is a child or an at-risk adult. The act creates new rights for a victim under the 'Victim Rights Act', including the right to:Be notified by the district attorney if the district attorney receives a notice that a crime laboratory employee engaged in a wrongful action that includes a crime against the victim and a notice that an evidentiary hearing on post-conviction petition for relief is held;Request to be referred to by an abbreviation, pseudonym, initials, or another preferred name during hearings; andBe heard at a restitution assessment hearing.(Note: This summary applies to this bill as enacted.)
Beginning in state fiscal year 2027-28, the act requires the department of public safety (department) to submit a budget request for community corrections and to include in its budget request information regarding projected community corrections program needs, including certain data points and analysis related to residential and nonresidential bed capacity, the per diem reimbursement rate for each bed type, and other guideposts related to community corrections appropriations. The department must include information on the budget request in its yearly 'SMART Act' hearing.(Note: This summary applies to this bill as enacted.)
Current law requires that, before an individual is permitted to act as a transportation network company (TNC) driver through the use of a TNC's digital network, the individual shall obtain a criminal history record check. The act requires that the TNC:If the TNC has at least 20,000 rides occurring monthly (large-scale TNC) on its digital network, pay for the required criminal history record check for an individual before the individual is permitted to act as a driver;Procure a privately administered criminal history record check for a driver at least once every 6 months after the initial criminal history record check;Share the results of each criminal history record check with the driver who is the subject of the record check; andProcure a privately administered criminal history record check if a person files a complaint against a driver with the TNC or the public utilities commission (commission) regarding specified allegations. The TNC shall pay the costs of the privately administered criminal history record checks. A TNC shall create a deactivation and suspension policy to initiate a review of a driver for deactivation within 7 business days if the TNC is notified through a complaint filed with the TNC or the commission or is contacted by the attorney general's office, a district attorney's office, or a law enforcement agency regarding certain allegations against the driver. A driver who has been deactivated may challenge the deactivation through the TNC's deactivation and suspension policy. The act requires the commission to create a process by rule for sharing information between TNCs regarding the deactivation of drivers. A TNC's deactivation and suspension policy must include meaningful human review of the permanent deactivation of a driver. The act requires a TNC to provide regular safety training to each driver and rider in accordance with rules adopted by the commission. If a person files a complaint against a TNC or a driver, the TNC shall respond to a subpoena or search warrant for information related to the complaint from a court, the attorney general's office, a district attorney's office, the commission, or a law enforcement agency no later than 72 hours after the request is made, unless the subpoenaing party agrees to a different deadline. The act requires the commission to adopt rules on or before June 1, 2028, establishing requirements for a TNC to ensure that a driver or rider may opt in to audio and video recording of each prearranged ride and integrate audio and video recording into the TNC's digital platform. A large-scale TNC shall not charge a fee or increase the cost of a prearranged ride solely on the basis of a rider opting in to audio and video recording of the prearranged ride. The commission shall also adopt rules regarding access to, ownership of, storage of, notification about, and deadlines for the implementation of the audio and video recordings, including different requirements for large-scale and small-scale TNCs. A provision in a contract between a TNC and a driver or rider is declared void as against public policy if the provision attempts or purports to waive specified rights. The act requires that, on or before February 1, 2027, and on or before February 1 each year thereafter, a TNC shall submit specified data related to incidents involving safety and discrimination to the commission, the attorney general, and each member of the general assembly. The act requires a TNC to develop policies to:Prevent imposter drivers, account sharing, and account renting;Prevent sexual assault, physical assault, and homicide against or committed by the TNC's drivers;Prohibit the transportation of an unaccompanied youth who is under 15 years old unless the youth is part of a duly authorized family account;Allow a driver to refuse a prearranged ride to an individual who is not authorized to use the account requesting the prearranged ride;Notify and train drivers and riders of any updates to TNC safety policies;Prohibit drivers from offering, selling, or providing food or beverages that are not factory-sealed to riders;Require drivers to report information regarding a conviction of or a plea of guilty or nolo contendere to specified offenses; andPrevent crimes committed against drivers by riders. A TNC is prohibited from:Altering the rating a rider assigned to a driver or the rating a driver assigned to a rider on a TNC's digital platform;Assigning an automatic or default driver rating that the rider did not assign; orAssigning an automatic or default rider rating that the driver did not assign. A TNC may delete ratings or reviews that are plausibly motivated by fraud or bias. A TNC shall not consider negative ratings or reviews that are motivated by fraud or bias in a review of a driver for deactivation or an internal deactivation reconsideration. A TNC is prohibited from collecting biometric data or biometric identifiers from a driver or rider without first obtaining the consent of the driver or rider. If a TNC collects biometric data or biometric identifiers from a driver or rider, the TNC shall comply with specified provisions of the 'Colorado Privacy Act' regarding biometric data and biometric identifiers. A TNC that violates the act may be assessed a civil penalty of not more than $1,500 per violation.(Note: This summary applies to this bill as enacted.)
