Rep. Jennifer Bacon

The act changes the eligibility criteria for inmates who are eligible for special needs parole. The act allows an inmate to request that the department of corrections (DOC) determine whether the inmate is eligible for special needs parole. The act requires the DOC, in consultation with the parole board, to develop policies and procedures related to special needs parole. The act allows the inmate to include a statement in the referral packet for special needs parole and an opportunity to provide any additional relevant information in the referral packet. The act requires the parole board to consider the age of the inmate and the DOC's ability to provide adequate medical and behavioral health treatment to the inmate in granting or denying special needs parole. The parole board cannot deny special needs parole based solely on the lack of a recommended parole plan.The act requires the DOC to:Develop a recommended parole plan for every inmate prior to release from prison; Develop policies and procedures related to prerelease planning; and Include in its monthly population report information related to delayed parole decisions. The act prohibits the parole board from denying parole based solely on the lack of a recommended parole plan.The act requires the office of the state public defender to provide liaisons to the DOC and the parole board to assist in criminal-related legal matters that would impact successful reentry. The act requires the DOC or a member of the parole board to suspend a parole hearing if they believe the offender is incompetent to proceed or has a mental health disorder and notify the public defender parole liaison of the situation. In the case of incompetency, the liaison shall file a motion to determine competency with the trial court that imposed the sentence. In the case of a mental health disorder, the liaison shall help the inmate obtain counsel if a civil commitment hearing is warranted.The act requires the DOC to ensure that any inmate who is 65 years of age or older and is being released from prison is enrolled in medicare or health insurance if the offender would not be covered by another health insurance policy prior to release or upon release, whichever will offer more immediate and comprehensive health-care coverage. The DOC shall pay any insurance premiums and penalties for up to 6 months from the start of coverage. The DOC may provide financial assistance for longer than 6 months if the person is still under the jurisdiction of the DOC and would otherwise be uninsured or underinsured without that financial assistance. The act requires the Colorado commission on the aging to study and make recommendations related to health care for inmates who are 65 years of age or older and being released from prison and provide the report prior to January 1, 2022.The act makes conforming changes to align with the new offense of unauthorized absence. The act requires the parole board to schedule a parole hearing for an inmate serving a sentence for escape or attempt to escape, the elements of which would now constitute the offense of unauthorized absence.The act requires all youthful offender system (YOS) staff to be trained in the first 45 days of employment. The act repeals the requirement that district attorneys keep records of all juveniles sentenced to the YOS.The act requires the DOC to conduct a study with external experts regarding the effectiveness of the YOS and the potential of expanding the system to serve offenders up to age 25 years old.The act allows the Colorado state penitentiary II to be used to house inmates to facilitate movement of prisoners during a declared disaster emergency that impacts state prison operations.For fiscal year 2021-22, the general assembly shall appropriate $1,167,297 to the community-based reentry services cash fund from the savings from this act. For fiscal year 2022-23, the general assembly shall appropriate $1,481,622 to the community-based reentry services cash fund from the savings from this act.The act adjusts the long act appropriations to the DOC by decreasing the general fund appropriation to the external capacity subprogram by $2,815,470 and by decreasing the general fund appropriation by $314,630 for external medical services. To implement the act, the act appropriates: $2,798,098 to the department of corrections; $30,307 to the department of law; $229,220 to the office of the governor; $157,760 to the judicial department; and $50,000 to the department of human services.(Note: This summary applies to this bill as enacted.)

Subject to available appropriations, the act requires the department of corrections to create a brain injury pilot program to evaluate outcomes for offenders with a brain injury who received screening and support while in the criminal justice system.The act creates in the department of human services the brain injury support in the criminal justice system task force to develop a plan to integrate into the criminal justice system a model to identify and support individuals with a brain injury who are in the criminal justice system.The act appropriates $144,409 and an additional 0.9 FTE to the department of corrections.(Note: This summary applies to this bill as enacted.)

The act requires each law enforcement agency that employs a peace officer who is required to be peace officers standards and training board (P.O.S.T.) certified to adopt written policies and procedures concerning eyewitness identifications, which must be consistent the provisions of this act. Beginning January 1, 2022, each law enforcement agency that uses a showup shall collect for each showup the date, the technique that was used, the gender and race of the suspect, the alleged crime, and the outcome of the showup. Each law enforcement agency shall create an annual report of the data collected.The act directs that a peace officer may only utilize a showup:Following the report of a crime, when a peace officer, acting on reasonable suspicion, has detained a subject in the crime within minutes of the commission of the crime and near the location of the crime; When, given the circumstances, neither a live lineup nor a photo array isavailable as a means of identification and the eyewitness reasonably believeshe or she can identify the subject; To verify the identity of an intimate relationship in a domestic violence case; or To confirm the identity of a familial subject, including a parent, child, or sibling known to the eyewitness. Beginning January 1, 2022, a P.O.S.T.-certified peace officer must comply with certain conditions when conducting a showup. The act requires a court to consider any failure by law enforcement to comply with the showup conditions if there is a challenge to the showup identification. The act directs a peace officer conducting a showup to communicate to the eyewitness certain information and instructions about the showup process, and the eyewitness must agree to comply with the instructions for the showup to proceed.Under current law, local law enforcement agencies must begin collecting certain data relating to contacts conducted by the agencies' peace officers. The act adds data related to showups to that collection requirement beginning in 2023.(Note: This summary applies to this bill as enacted.)

The act establishes the office of gun violence prevention (office) within the department of public health and environment to coordinate and promote effective efforts to reduce gun violence. The office is required to conduct public awareness campaigns to educate the general public about state and federal laws and existing resources relating to gun violence prevention.Subject to available money, the office may establish and administer a grant program to award grants to organizations to conduct community-based gun violence intervention initiatives that are primarily focused on interrupting cycles of gun violence, trauma, and retaliation that are evidence-informed and have demonstrated promise at reducing gun violence without contributing to mass incarceration.The office is required to create and maintain a resource bank as a repository for data, research, and statistical information regarding gun violence in Colorado. The office must collaborate with researchers to improve data collection in Colorado and use existing available research to enhance evidence-based gun violence prevention tools and resources available to Colorado communities.The office is required to issue a report to the general assembly every 5 years summarizing gun violence prevention measures adopted by local jurisdictions. This reporting requirement is contingent upon Senate Bill 21-256 being enacted and becoming law.The act appropriates $3,000,000 to the department of public health and environment for program costs related to family and community health for the office of gun violence prevention.(Note: This summary applies to this bill as enacted.)

The act requires the department of local affairs (department), no later than August 13, 2021, to establish a pilot program to help local governments identify perceptual and substantial barriers to entry for historically underutilized businesses in local government procurement.The act requires local governments participating in the pilot program to consider a number of items, such as:Identifying implementation needs, such as labor and technology, for historically underutilized businesses preference programs for local government procurement (programs); Determining the appropriate size contracts that would benefit from a program; and Creating a sample program that all local governments may use and articulate the necessary steps to build a program. The act specifies that pilot program participants may collaborate with the department and the general assembly on future legislation requiring local governments to establish programs.In January 2022, the department is required to report on the progress of the pilot program as part of the department's presentation to its committee of reference at a hearing held pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act".In January 2023, the department is required to include the findings of the pilot program as part of the department's presentation to its committee of reference at a hearing held pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act".The act defines a historically underutilized business as a business that is at least 51% owned and controlled, in both the management and day-to-day business decisions, by one or more individuals who are:Members of a racial or ethnic minority group; Non-Hispanic Caucasian women; Persons with physical or mental disabilities; Members of the lesbian, gay, bisexual, and transgender community; or Veterans.(Note: This summary applies to this bill as enacted.)

To the extent possible, the department of education (department) is directed to streamline the application process and other requirements relating to the award of money to local education providers, including school districts, charter schools, and other authorized local education providers (local education providers), as defined in the act, to implement one or more extended learning opportunities to address COVID-19 learning impacts. The department is authorized to administer the programs as part of a single combined application, reporting, and evaluation process created by the department.Extended learning opportunities are defined in the act to include, in part, summer school programming, extended school days or extended school weeks, high-impact tutoring, creative enrichment tied to academic gains, social-emotional supports, and additional mental health supports tied to academic success.The combined application allows a needs-based approach to identify the programs and services that meet the needs of the eligible local education provider and allows the department to help match the local education provider with funding sources. In addition to a combined application, the department is authorized to streamline local-education-provider reporting to the department and department reporting to the general assembly and align reporting deadlines.The local education provider shall establish an internal progress-monitoring system to monitor progress using family- and community-informed practices to measure extended learning opportunities program effectiveness through student educational gains.The department shall ensure that eligibility requirements, application provisions, allowable uses of funding, data collection and reporting, and any other requirements specific to the program or funding source are met for all programs or services administered pursuant to this section.If required by law and subject to available funding, the department shall evaluate one or more extended learning opportunities implemented across local education providers using a common set of evaluation criteria and metrics.The state board may adopt any rules necessary for the implementation of the combined application, reporting, and evaluation process.The general assembly may appropriate money to the department for use by local education providers to implement extended learning opportunities.The act repeals the statute, effective July 1, 2026.(Note: This summary applies to this bill as enacted.)

The bill creates the community response to low-level offenses working group in the department of public safety to study and propose statewide policy and legislative initiatives to safely increase community response in lieu of law enforcement engagement for lower-level offenses and calls for service when there is no criminal conduct. The working group shall report its findings to the judiciary committees of the house of representatives and the senate, or any successor committees, by the February 1, 2022. The bill prohibits a peace officer from arresting a person based solely on the alleged commission of a traffic offense, petty offense, drug petty offense, municipal offense, drug misdemeanor offense, or misdemeanor offense, unless: Custodial arrest is statutorily required; The offense is a victim rights crime; the offense includes an element of illegal possession or use of a firearm; or the offense constitutes unlawful sexual behavior, failure to register as a sex offender, or the offense is a violation of a temporary or regular extreme risk protection order, a violation of a credible threat to a school, or a violation of eluding in a vehicle, or motor vehicle theft ; or The officer is unable to sufficiently verify the individual's identity absent a custodial arrest. The bill prohibits a court from issuing a monetary bond for a misdemeanor offense; municipal offense; class 4, 5, or 6 felony; or a drug felony unless the court finds the defendant will flee prosecution or threaten the safety of another and no other condition of release can reasonably mitigate the risk. The bill requires the court to issue a personal recognizance bond when the defendant fails to appear, unless: The defendant failed to appear when a witness was subpoenaed or a civilian witness was on call; The defendant intentionally failed to appear for the purpose of interfering with or deterring victim or witness participation in the case; or The defendant has failed to appear 2 or more times more than one time in the case. The bill requires the court to issue a personal recognizance bond in a failure to comply with a probation conditions case that is not based on a criminal offense, unless: The violation was for a failure to comply with any court- ordered treatment related to a sex offense or domestic violence; The defendant has already had probation revoked for failure to comply in the case; or The court finds the defendant is likely to flee prosecution. The bill permits appellate review of a court's bail or bond order by either the defendant or the prosecution after a reconsideration hearing, denial of a reconsideration of bond conditions, or order for bail after conviction. The bill requires annually each county jail to provide information regarding jail population and each judicial district to provide information regarding bonds, failures to appear, and summons to the division of criminal justice in the department of public safety. The division shall compile a report of the information and post the report on its website. The bill creates a fund to pay for the study using 25% of the money collected on a failure to appear personal recognizance bond. The bill authorizes sheriffs to actively manage their jail populations in order to keep the population as low as possible while maintaining community safety, including the authority to establish jail admission standards that include offense-based admission standards that limit jail admissions. The bill appropriates $24,436 from the general fund to the judicial department for trial courts to implement the bill. The bill appropriates $50,375 from the general fund to the department of public safety for the division of criminal justice to implement the bill. (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.)

The act requires a school district, district charter school, and institute charter school (public school) to accept the school liaison address for the military installation for purposes of demonstrating residency for inbound active duty military members (inbound military member) participating in open enrollment. Further, the act requires a public school that enrolls the child of an inbound military member through open enrollment to grant guaranteed automatic matriculation, as specified in the act, in the same manner guaranteed automatic matriculation is provided to resident students, and shall grant priority preference for younger siblings of the child for enrolling in subsequent school years.The act defines "inbound active duty military member" as an active duty military member who receives new orders, or a command letter issued in lieu of orders, for a permanent change of station to a department of defense military installation in Colorado.The act requires a public school to allow an inbound military member to submit applications for enrollment or open enrollment by electronic means and to register a child remotely, without requiring the child, parent, legal guardian, or another person to appear physically within the state for registration. If required, the inbound military member must also be allowed to provide proof of residency and other records within 10 days after the child's attendance in public school. Further, a public school shall allow the child of an inbound military member the same opportunity to request school assignments, register for courses, or apply for the same courses offered to students who are already present in the state.(Note: This summary applies to this bill as enacted.)

Under current law, an entity may appeal a decision by a school district board of education (local board) concerning a charter school to the state board of education (state board). The state board reviews the decision to determine whether it was contrary to the best interests of the students, school district, or community. The bill creates a rebuttable presumption that a local board's decision was in the best interests of the students, school district, or community if the decision was based on at least one of several specified considerations. A person bringing an appeal may overcome the presumption by a preponderance of the evidence demonstrating that the decision was not based on at least one of those considerations. (Note: This summary applies to this bill as introduced.)

The act directs the department of education (department) to identify educational products, strategies, and services that have demonstrated effectiveness in identifying and reversing student learning loss that has been caused by the suspension of in-person learning. The department must create and maintain a resource bank of examples of educational products, explanations of and instructions for implementing strategies and educational services, and models of professional development programs related to using the products and implementing the strategies and services. School districts, boards of cooperative services, and charter schools (local education providers) may submit information to the department concerning products, strategies, and services that they have used with success, and the department must include them in the resource bank. The department must also provide information concerning public or private nonprofit entities that local education providers may work with in providing student support. The act also directs the department, to the extent possible within existing resources, to provide technical assistance to local education providers upon request.The act recognizes the amount of federal COVID-relief money that the department is expected to receive and encourages the department to use as much as possible of the amount received to fund learning recovery initiatives. The act requires the department to prepare a report concerning the department's use of the federal money received and submit the report to the education committees of the general assembly and post the report on the department's website.The act directs the board of cooperative services that administers the statewide supplemental online and blended learning program (administering BOCES) to partner with local education providers for delivery of supplemental online learning recovery courses for students in elementary and secondary schools. The administering BOCES and local education providers are also directed to partner with nonprofit entities and community-based organizations to expand the availability of, and students' access to, supplemental online learning recovery courses. The administering BOCES and the local education providers must provide information concerning the availability of the learning recovery courses and other supplemental online courses.(Note: This summary applies to this bill as enacted.)