Bill Tracker

Legislative Oversight Committee Concerning the Treatment
of Persons with Behavioral Health Disorders in the Criminal and
Juvenile Justice Systems. The bill addresses issues related to a
determination of juvenile competency to proceed (competency) and
restoration of competency (restoration). The bill allows:
  • The district attorney, defense attorney, guardian ad litem,
department of human services, a competency evaluator, a
restoration treatment provider, and the court, without
written consent of the juvenile or further order of the court,
to access competency evaluations and restoration
evaluations, including all second evaluations; information
and documents related to competency evaluations; the
competency evaluator, for the purpose of discussing the
competency evaluation; and the providers of court-ordered
restoration services for the purpose of discussing such
services;
  • Parties to exchange names, addresses, reports, and
statements of physicians or psychologists who examined or
treated the juvenile for competency;
  • The court or any party to raise, at any time, the issue of a
need for a restoration evaluation of the juvenile's
competency; and
  • A juvenile to be examined by a competency evaluator of
the juvenile's own choice and to request a second
evaluation in response to a court-ordered competency
evaluation or a court-ordered restoration evaluation.
If the court determines that the juvenile is incompetent to proceed
and unlikely to be restored to competency in the reasonably foreseeable
future, a time frame is set forth for the dismissal of charges based on the
severity and type of charge.

• April 18, 2023: Senate Appropriations Committee Report
• April 10, 2023: Senate Judiciary Committee Report
• March 17, 2023: House Appropriations Committee Report
• March 17, 2023: House Appropriations Committee Report
• January 24, 2023: L.001 House Judiciary Committee
• January 24, 2023: L.002 House Judiciary Committee
• January 24, 2023: House Judiciary Committee Report
• January 24, 2023: House Judiciary Committee Report

Legislative Oversight Committee Concerning the Treatment
of Persons with Behavioral Health Disorders in the Criminal and
Juvenile Justice Systems. The bill prohibits the use of a clinical restraint
on an individual, unless:
  • The use is to prevent the individual from committing
imminent and serious harm to the individual's self or
another person, based on immediately present evidence and
circumstances;
  • All less restrictive interventions have been exhausted; and
  • The clinical restraint is ordered by a licensed mental health
provider.
The bill requires facilities that utilize clinical restraints to
implement procedures to ensure frequent and consistent monitoring for
the individual subjected to the clinical restraint and uniform
documentation procedures concerning the use of the clinical restraint.
The bill limits the amount of time an individual may be subjected
to a clinical restraint per each restraint episode and within a calendar year.
The bill prohibits the use of an involuntary medication on an
individual, unless:
  • The individual is determined to be dangerous to the
individual's self or another person and the treatment is in
the individual's medical interest;
  • All less restrictive alternative interventions have been
exhausted; and
  • The involuntary medication is administered after
exhaustion of procedural requirements that ensure a
hearing, opportunity for review, and right to counsel.
The bill requires the department of corrections (department) to
submit an annual report to the judiciary committees of the senate and
house of representatives with data concerning the use of clinical restraints
and involuntary medication in the preceding calendar year.
The bill requires the department to include specific data
concerning the placement of individuals in settings with heightened
restrictions in its annual administrative segregation report.

• May 02, 2023: Senate Appropriations Committee Report
• May 01, 2023: Senate Judiciary Committee Report
• April 21, 2023: House Appropriations Committee Report
• January 31, 2023: House Judiciary Committee Report
• January 31, 2023: House Judiciary Committee Report

The bill makes 3 primary clarifications about the remedies a
person with a disability is entitled to under current Colorado law related
to protections against discrimination on the basis of disability for persons
with disabilities:
  • That a person with a disability is prohibited from being
subject to discrimination by, excluded from participating
in, or denied the benefits of services, programs, or activities
of a place of public accommodation;
  • That the types of monetary damages to which a person with
a disability is entitled include damages for emotional
distress; and
  • That a person with a disability is entitled to both a court
order requiring compliance and either monetary damages
or a statutory penalty.
The bill also allows a court to award reasonable attorney fees and
costs to a prevailing plaintiff for any action commenced pursuant to
certain Colorado law related to protections against discrimination on the
basis of disability for persons with disabilities.
Lastly, the bill specifies that certain types of relief do not require
exhaustion of potential administrative remedies.

• April 24, 2023: Senate Judiciary Committee Report
• March 14, 2023: House Judiciary Committee Report
• March 14, 2023: House Judiciary Committee Report

Under existing law, an inmate in the custody of the department of
corrections (department) may have earned time deducted from the
inmate's sentence for meeting certain statutory requirements. The bill
permits an inmate sentenced for a nonviolent felony offense to have
earned time deducted from the inmate's sentence for each accredited
degree or other credential awarded by an accredited institution of higher
education to the inmate while the inmate is incarcerated, in the following
amounts:
  • One year of earned time for receiving an associate,
baccalaureate, or graduate degree; and
  • 6 months of earned time for receiving a certificate or other
credential.
The bill requires the general assembly to annually appropriate the
savings incurred during the prior state fiscal year as a result of the release
of inmates from correctional facilities because of earned time granted for
completion of a higher education degree or credential, as follows:
  • 50% of the savings to the department of corrections to
facilitate inmates enrolling in and completing accredited
higher education programs; and
  • 50% of the savings to the department of higher education
for allocation to institutions of higher education that offer
accredited programs in correctional facilities.

• March 13, 2023: Senate Judiciary Committee Report
• March 13, 2023: Senate Judiciary Committee Report
• February 07, 2023: HB23-1037 L.003 House Judiciary
• February 07, 2023: House Judiciary Committee Report
• February 07, 2023: House Judiciary Committee Report

The bill makes any statement or admission obtained during a
juvenile custodial interrogation in which a law enforcement official
knowingly uses deception prior to or during the custodial interrogation
presumptively inadmissible against the juvenile in an evidentiary hearing
unless the prosecution proves by a preponderance of the evidence and
based on the totality of the circumstances that the statement or admission
was made voluntarily. In assessing the totality of the circumstances, the
court shall consider all evidence presented concerning the juvenile's
vulnerability to any deception used during the custodial interrogation.
The bill requires law enforcement officials to electronically record
all juvenile custodial interrogations.
The bill directs the P.O.S.T. board to develop a live, virtual,
interactive training program for peace officers on the enforcement of laws
related to custodial interrogation of juveniles to ensure uniform
interpretation of the law. The state shall cover any local law enforcement
agency costs associated with the training.

• April 21, 2023: Senate Appropriations Committee Report
• April 17, 2023: Senate Judiciary Committee Report
• March 03, 2023: House Appropriations Committee Report
• March 03, 2023: House Appropriations Committee Report
• January 31, 2023: HB23-1042 L.002 House Judiciary
• January 31, 2023: HB23-1042 L.003 House Judiciary
• January 31, 2023: House Judiciary Committee Report
• January 31, 2023: House Judiciary Committee Report

The bill clarifies the procedures for emergency and nonemergency
continuing placement of a child or youth that a county department of
human or social services (county department) or a local law enforcement
agency (law enforcement) with custody of the child or youth shall follow
before making the emergency or nonemergency continuing placement of
a child or youth with a relative or kin.
For emergency placements, the county department or law
enforcement shall perform an initial criminal history record check (initial
check) on the relative or kin and any adult who resides at the home
(adults) using Colorado and federal databases. If the initial check reveals
certain criminal convictions, the county department or law enforcement
shall not place the child or youth in that home on an emergency basis. If
the initial check does not reflect certain criminal convictions on the part
of the adults, the child or youth may be placed in the home on an
emergency basis.
If the child or youth has been placed with a relative or kin on an
emergency basis, the adults shall, no more than 5 days after the
placement, submit a complete set of fingerprints to the county department
or another designated third party to conduct a state and national
fingerprint-based criminal history record check. If the results of the
fingerprint-based criminal history record check reveal a felony
conviction, the child or youth must be immediately removed from the
placement unless there is a motion regarding placement pending before
the court. A court may review the placement and affirm or deny
placement of the child or youth with the relative or kin.
The bill sets forth the criminal offenses or other matters that
qualify for the denial of placement of a child or youth with the relative or
kin.
A county department may make a placement with a relative or kin
who would otherwise be disqualified if such placement conforms with
rules promulgated by the state board of human services or if a court
affirms the placement.
The state board of human services is granted authority to
promulgate rules concerning emergency and nonemergency, continuing
placement of children and youth with relatives or kin.

• February 23, 2023: Senate Health & Human Services Committee Report
• February 23, 2023: Senate Health & Human Services Committee Report
• January 25, 2023: House Public & Behavioral Health & Human Services Committee Report
• January 25, 2023: House Public & Behavioral Health & Human Services Committee Report

Effective January 1, 2024, the bill requires each newly constructed
public building and each public building in which restroom renovations
are estimated to cost $10,000 or more that is wholly or partly owned by
the state, a county, or a local municipality to:

  • Provide a non-gendered restroom facility or a multi-stall
non-gendered facility on each floor where restrooms are
available;

  • Ensure that all single-stall restrooms are not designated for
exclusive use by any specific gender;
  • Allow for the use of multi-stall restrooms by any gender if
certain facility features are met under the 2021
International Plumbing Code; and

  • Provide at least one safe, sanitary, and convenient baby
diaper changing station that is accessible to the public on
each floor where there is a public restroom in each
gender-specific restroom, non-gendered multi-stall
restroom, and non-gendered single-stall restroom.
The bill also requires each newly constructed public building and
each public building in which restroom renovations are estimated to cost
$10,000 or more that is wholly or partly owned by the state, a county, or
a local municipality to include signage indicating the presence of a baby
diaper changing station with a pictogram that is void of gender in all
restrooms with baby diaper changing stations, in all non-gendered
restrooms, and in all single-stalled restrooms.
The bill also requires each newly constructed public building and
each public building in which restroom renovations are estimated to cost
$10,000 or more that is wholly or partly owned by the state, a county, or
a local municipalitiy to indicate in the central building directory, if such
a directory exists, the location of any baby diaper changing station and of
any non-gendered restroom.
The bill exempts the requirements of including a baby diaper
changing station in any restroom and any construction necessary to
comply with providing an accessible non-gendered restroom if the
requirement would result in failure to comply with applicable building
standards governing the right of access for individuals with disabilities.
The bill clarifies that an employee with a designated workplace in
a public building may undertake the complaint process for alleged
discriminatory or unfair practices including the failure to comply with
providing the required amenities to all genders, as required, with the
Colorado civil rights division charged with the enforcement of the
Colorado anti-discrimination act.

• May 04, 2023: Senate Appropriations Committee Report
• May 03, 2023: Senate State, Veterans, & Military Affairs Committee Report
• April 21, 2023: House Appropriations Committee Report
• February 13, 2023: HB23-1057 L.003 House State, Civic, Military, & Veterans Affairs
• February 13, 2023: HB23-1057 L.004 House State, Civic, Military, & Veterans Affairs
• February 13, 2023: House State, Civic, Military, & Veterans Affairs Committee Report
• February 13, 2023: House State, Civic, Military, & Veterans Affairs Committee Report

The bill eliminates the requirement for a person who is lawfully
residing in the state, a legal immigrant who is a resident of the state, or an
undocumented individual to refrain from executing an affidavit of support
for the purpose of sponsoring an undocumented individual while the
person is receiving public services or medical assistance.

• March 16, 2023: Senate Health & Human Services Committee Report
• March 16, 2023: Senate Health & Human Services Committee Report
• February 08, 2023: House Public & Behavioral Health & Human Services Committee Report
• February 08, 2023: HB23-1117 L.001 House Public & Behavioral Health & Human Services
• February 08, 2023: House Public & Behavioral Health & Human Services Committee Report

To comply with the federal Keeping Children Safe From Family
Violence Act (federal act), the bill requires courts that hear proceedings
concerning the allocation of parental responsibilities involving domestic
violence or child abuse, including child sexual abuse, to admit expert
testimony and evidence only if the expert demonstrates expertise and
experience working with victims of domestic violence or child abuse,
including child sexual abuse. The court is also required to consider
evidence of past sexual or physical abuse committed by the accused party.
A court shall not remove or restrict contact between a child from
a protective party who is competent, protective, not physically or sexually
abusive, and with whom the child is bonded or attached solely in order to
improve a deficient relationship with the accused party.
The bill provides that a court shall not order reunification
treatment (treatment) that is predicated on cutting off the relationship
between a child and a protective party with whom the child is bonded and
attached. If a court orders treatment, the treatment must be generally
accepted and there must be scientifically valid proof of the safety,
effectiveness, and therapeutic value of the treatment.
The bill directs the task force created in House Bill 23-1108 to
study victim and survivor awareness and responsiveness training
requirements to study the training requirements required by the federal act
for any judge or magistrate who presides over parental responsibility
proceedings.
The bill requires court personnel, including guardians ad litem,
representatives of a child, counsel for youth, special masters, mediators,
child and family investigators, and parental responsibilities evaluators, to
complete no less than 20 hours of initial training and no less than 15
hours of ongoing training every 5 years. The training must focus on
domestic violence and child abuse.
A professional trainer is required to conduct the training. The
professional trainer shall have substantial experience in assisting
survivors of domestic violence or child abuse.
The bill requires the judicial branch to apply to the federal
department of justice's office of the attorney general for a grant increase
in compliance with the federal act.

• April 24, 2023: Senate Judiciary Committee Report
• April 10, 2023: House Appropriations Committee Report
• April 10, 2023: House Appropriations Committee Report
• March 08, 2023: House Judiciary Committee Report
• March 08, 2023: House Judiciary Committee Report

The League supports policies that promote employment and prevent and reduce poverty. And while the amendment is not specific to women, the bill will likely have a disproportionate positive impact on retention of women in the workforce, given women are in general the primary caretakers of both children and aging parents. As per 9-5 the bill is essential to a Just workplace as it provides families the opportunity to use paid sick leave when faced with community obstacles. And A Better Balance CO states that studies across the country have shown no negative impact to small businesses. This bill is supported by the CO Women’s Lobby.

SB23-017 Concerns the addition of qualifying uses of paid sick leave.

This bill would amend 8-13.3-404 Colorado Revised Statutes.

The bill allows an employee to use accrued paid sick leave when the employee needs to:

-Care for a family member whose school or place of care has been closed due to inclement weather, loss of power, loss of heating, loss of water, or other unexpected occurrence or event that results in the closure of the family member's school or place of care; or
- Grieve, attend funeral services or a memorial, or deal with financial and legal matters that arise after the death of a family member

Status:  01/10/2023 Introduced In Senate - Assigned to Business, Labor, & Technology

The Committee hearing was January 31. The bill was amended and passed by a vote of 5-3 into the Committee on Appropriations. Testimony included 9-5, A Better Balance CO, and Progress CO, all of whom encouraged Support. There was no testimony in opposition. The L001 Amendment is to include evacuation of place of residence due to natural disaster such as fire and flood as a covered reason to use accrued sick leave.

The bill allows an employee to use accrued paid sick leave when
the employee needs to:
  • Care for a family member whose school or place of care
has been closed due to inclement weather, loss of power,
loss of heating, loss of water, or other unexpected
occurrence or event that results in the closure of the family
member's school or place of care; or
  • Grieve, attend funeral services or a memorial, or deal with
financial and legal matters that arise after the death of a
family member.

• April 18, 2023: House Appropriations Committee Report
• March 23, 2023: House Business Affairs & Labor Committee Report
• March 23, 2023: House Business Affairs & Labor Committee Report
• March 10, 2023: Senate Appropriations Committee Report
• March 10, 2023: Senate Appropriations Committee Report
• January 31, 2023: Senate Business, Labor, & Technology Committee Report
• January 31, 2023: Senate Business, Labor, & Technology Committee Report

Colorado Youth Advisory Council Committee. The bill requires
each school district board of education, institute charter school board for
a charter school authorized by the state charter school institute, or
governing board of a board of cooperative services (BOCES) to adopt a
policy to address disproportionate disciplinary practices in public schools.
Each school district, charter school, institute charter school, or BOCES
(local education provider) shall develop, implement, and annually review
improvement plans if the data reported to the department of education
pursuant to the safe school reporting requirements shows disproportionate
discipline practices at the local education provider. In implementing an
improvement plan to address disproportionate discipline practices, each
local education provider shall provide to the parents of the students
enrolled in the school written notice of the improvement plan and issues
identified by the local education provider as giving rise to the need for the
plan. The written notice must include the timeline for developing and
adopting the improvement plan and the dates, times, and locations of the
public meeting to solicit input from parents concerning disproportionate
discipline and the contents of the plan before the plan is written and a
public hearing to review the plan prior to final adoption.
Current law encourages school districts to consider certain factors
before suspending or expelling a student. The bill requires school districts
to consider those factors before suspending or expelling a student.
The bill requires school districts to document in a student's record
and compile in the safe school report any alternative disciplinary attempts
before suspending or expelling a student.

• April 28, 2023: House Appropriations Committee Report
• April 27, 2023: House Education Committee Report
• April 11, 2023: Senate Appropriations Committee Report
• March 22, 2023: Senate Education Committee Report
• March 22, 2023: Senate Education Committee Report

The bill requires the department of human services to promulgate
rules that facilitate communication and family time between children and
their parents who are incarcerated.
The bill requires the court and the prison or jail where the parent
is incarcerated to facilitate the parent's attendance and participation in
proceedings for the parent's dependency and neglect case.
Under current law, after an order of adjudication in a dependency
and neglect case, the court holds a dispositional hearing. The bill requires,
except in instances when the proposed disposition is termination of the
parent-child legal relationship, if a child's parent is incarcerated, that the
court approve a treatment plan for the parent that specifies how the parent
may participate in future meetings and hearings, including services and
treatments available to the parent at the prison or jail, and opportunities
for meaningful, in-person family time at the prison unless the family time
does not serve the best interests of the child.
Under current law, the court may terminate the parent-child legal
relationship based on statutorily created circumstances. The bill
eliminates the parent's incarceration and related conditions as a basis for
terminating the parent-child relationship.
Under current law, if the court finds that there is not a substantial
probability that the child will be returned to a parent or legal guardian
within 6 months and the child satisfies criteria for adoption, the court may
require the county department of human services to show cause why it
should not file a motion to terminate the parent-child legal relationship.
The bill states that such cause may exist if the parent is incarcerated,
detained by the United States department of homeland security, or
deported, and if the parent has maintained a meaningful and safe
relationship with the child while incarcerated, detained, or deported.
The bill requires the department of corrections to create and submit
an annual report to the judiciary committees of the senate and house of
representatives concerning parents who are incarcerated, and make the
report publically available.
The bill requires the department of corrections to develop
opportunities and promulgate policies to facilitate continued relationships
between children and their parents who are incarcerated.
The bill requires the department of corrections to designate a
family services coordinator, who is responsible for duties related to
children and their parents who are incarcerated.

• April 18, 2023: House Appropriations Committee Report
• April 05, 2023: House Public & Behavioral Health & Human Services Committee Report
• April 05, 2023: House Public & Behavioral Health & Human Services Committee Report
• March 17, 2023: Senate Appropriations Committee Report
• March 17, 2023: Senate Appropriations Committee Report
• February 13, 2023: SB23-039 L.002 Senate Judiciary
• February 13, 2023: SB23-039 L.004 Senate Judiciary
• February 13, 2023: SB23-039 L.005 Senate Judiciary
• February 13, 2023: Senate Judiciary Committee Report
• February 13, 2023: Senate Judiciary Committee Report

The bill requires the office of liaison for missing and murdered
Indigenous relatives (office) in the department of public safety
(department) to:
  • Conduct case reviews of violent or exploitative crimes
against an Indigenous person and publish a report about the
case reviews annually;
  • Communicate with relevant department divisions regarding
investigations in cases involving missing or murdered
Indigenous relatives;
  • Review sentencing ranges for crimes relating to missing or
murdered Indigenous relatives;
  • Develop, publicize, and offer training for victim advocates
who work on missing or murdered Indigenous relatives
cases; and
  • Designate one employee of the office to serve as a point of
contact for families in need of support regarding ongoing
or completed missing or murdered Indigenous relatives
cases.
The bill grants office personnel access to relevant criminal justice
records and medical, coroner, and laboratory records in the custody of
state or local agencies that are necessary for the office to perform its
duties. The bill permits the office to seek, accept, and expend gifts,
grants, or donations in order to carry out the office's duties and to provide
financial support to missing or murdered Indigenous relatives' families.
The bill requires the community volunteer advisory board within
the office (advisory board) to prepare an annual report that includes a
summary of the advisory board's work during the prior year, issues related
to missing or murdered Indigenous relatives, and a recommendation of
whether the office should remain in the department. The advisory board
is required to submit its report to the judiciary and state affairs
committees of the house of representatives and the senate.

• April 29, 2023: House Appropriations Committee Report
• April 27, 2023: House Public & Behavioral Health & Human Services Committee Report
• April 11, 2023: Senate Appropriations Committee Report
• March 01, 2023: Senate Judiciary Committee Report
• March 01, 2023: Senate Judiciary Committee Report

The League supports policies that promote equal opportunity.  This bill is intended to eliminate potential employer discrimination on the basis of age.

Starting July 1, 2024, the bill prohibits employers from inquiring about a prospective employee's age, date of birth, and dates of attendance at or date of graduation from an educational institution on an employment application. An employer may request an individual to verify compliance with age requirements imposed pursuant to or required by:

• A bona fide occupational qualification pertaining to public or occupational safety;
• A federal law or regulation; or
• A state or local law or regulation based on a bona fide occupational qualification.
  
  

The department of labor and employment (department) is charged with enforcing the requirements of the bill and may issue warnings and orders of compliance for violations and, for second or subsequent
violations, impose civil penalties. A violation of the restrictions does not create a private cause of action. The department is directed to adopt rules regarding procedures for handling complaints against employers.

Pros: Prohibit employers from obtaining information that could potentially be used to discriminate again applicants on the basis of age.

Cons:

A small number of States have passed similar bills; AARP lobbied in favor.

Status:  Introduced in Senate-Assigned to Business Labor and Technology 1/17/23; hearing on 2/2/23.

Starting July 1, 2024, the bill prohibits employers from inquiring
about a prospective employee's age, date of birth, and dates of attendance
at or date of graduation from an educational institution on an employment
application.
An employer may request an individual to verify compliance with
age requirements imposed pursuant to or required by:
  • A bona fide occupational qualification pertaining to public
or occupational safety;
  • A federal law or regulation; or
  • A state or local law or regulation based on a bona fide
occupational qualification.
The department of labor and employment (department) is charged
with enforcing the requirements of the bill and may issue warnings and
orders of compliance for violations and, for second or subsequent
violations, impose civil penalties. A violation of the restrictions does not
create a private cause of action. The department is directed to adopt rules
regarding procedures for handling complaints against employers.

• April 18, 2023: House Appropriations Committee Report
• April 05, 2023: House Business Affairs & Labor Committee Report
• April 05, 2023: House Business Affairs & Labor Committee Report
• March 10, 2023: Senate Appropriations Committee Report
• March 10, 2023: Senate Appropriations Committee Report
• February 02, 2023: SB23-058 L.001 Senate Business, Labor, & Technology
• February 02, 2023: Senate Business, Labor, & Technology Committee Report
• February 02, 2023: Senate Business, Labor, & Technology Committee Report

Supplemental appropriations are made to the department of human
services.

• February 14, 2023: House Appropriations Committee Report
• February 14, 2023: House Appropriations Committee Report
• February 07, 2023: Senate Appropriations Committee Report
• February 07, 2023: Senate Appropriations Committee Report