Criminal Justice (Corrections)

Beginning July 1, 2027, the act requires municipal jails to comply with existing jail data collection requirements, standards, and oversight.     The act requires a keeper of a municipal jail to release a pregnant person charged with a violation of a municipal ordinance from custody if jail staff have a reasonable belief the person is in labor unless remaining in custody is necessary for the health or welfare of the person. If the pregnant person in labor is not released, the use of restraints is prohibited during the labor, delivery, and postpartum recovery, and the jail staff shall make a written record that the labor, delivery, and postpartum recovery occurred at the jail and record the reason the pregnant person was not released from custody.     The act requires council members of a city that has a city jail to examine the jail's management and sufficiency at least once a year and allows the attorney general to conduct assessments of municipal jails to identify gaps and deficiencies based on the jail standards.     The act adds a nonvoting member who represents a municipality to the jail standards advisory committee.(Note: This summary applies to this bill as enacted.)

Current law establishes the youthful offender system (system) in the department of corrections (department) as a sentencing option that provides a continuum of services. The act:Updates references to the juveniles and young adults who are eligible for or participating in the system;Revises certain legislative intent provisions to emphasize lasting behavioral changes in preparation for reentry, trauma-informed care, addressing criminogenic risk, accountability, healthy relationship building, and system participant and staff safety;Expresses the general assembly's intent that juveniles and young adults with physical, intellectual, mental, or behavioral health disabilities or conditions receive equitable treatment in sentencing to the system and reasonable accommodations once in the system;Adds certain data related to system completion rates to an existing annual reporting requirement for the department;Adds requirements for evidence-informed rehabilitative treatment and life skills programming and for individual therapy, family therapy, or substance use disorder treatment;Establishes requirements for system participant evaluations, plans for addressing participants' needs and skills, and case manager duties;Requires the department, in consultation with relevant experts, to make and publish on its website recommendations for integrating a trauma-informed standard of care with current system practices to promote the health and safety of system participants; andExpands certain procedural protections for system participants with mental or behavioral health conditions or intellectual and developmental disabilities.(Note: This summary applies to this bill as enacted.)

The bill removes human trafficking for involuntary servitude and human trafficking for sexual servitude (human trafficking offenses) from the list of crimes of violence that are subject to enhanced sentencing if they involve the use, or possession and threatened use of, a deadly weapon or the infliction of serious bodily injury or death. Instead, the bill requires a court to sentence a person convicted of a human trafficking offense or a related attempt or conspiracy to the department of corrections for a term of at least the midpoint, but not more than twice the maximum, of the presumptive range authorized for the applicable offense. It clarifies that a class 3 felony human trafficking offense is also subject to sentencing modifications that are permitted under current law for crimes that present an extraordinary risk of harm to society.The bill subjects a person convicted of the following to enhanced sentencing:Pimping, if the victim is an at-risk person; andHuman trafficking for involuntary servitude, or human trafficking for sexual servitude, if the victim is an at-risk adult.The bill adds the source of money posted to satisfy a monetary condition of release, including the likelihood that the money is derived from criminal activity, to the list of criteria a court may consider in making a determination of the type of bond and conditions of release.The bill changes terminology related to child prostitution to commercial sexual activity in the crimes of soliciting for child prostitution, pandering of a child, keeping a place of child prostitution, pimping a child, inducement of child prostitution, and patronizing a prostituted child, including changing the name of the offenses for soliciting for child prostitution, keeping a place of child prostitution, inducement of child prostitution, and patronizing a prostituted child.In the crime of soliciting for commercial sexual activity with a child, the bill adds soliciting a child for commercial sexual activity as a means of committing the offense and requires that when arranging or offering to arrange a meeting, the offender must know that the meeting will facilitate commercial sexual activity with a child.(Note: This summary applies to this bill as introduced.)

The act requires the department of health care policy and financing and the behavioral health administration to publish on each department's website an easily accessible list of secure transportation providers that have contracts with managed care entities and behavioral health administrative services organizations, as applicable.(Note: This summary applies to this bill as enacted.)