Early Childhood and School Readiness Legislative Commission. The bill directs the department of human services (department) to design, implement, and operate a statewide program of early childhood mental health consultation (program). The purpose of the program is to support mental health care across the state in a variety of early childhood settings and practices. Specifically, the program must be designed to:

• Increase the number of qualified and appropriately trained early childhood mental health consultants (mental health consultants) for on-site consultations; and
• Utilize the mental health consultants, through on-site visits, to support a variety of early childhood settings and practices from the prenatal period through 8 years of age.

The program must also include a:

• Model of consultation for mental health consultants (model) that includes job qualifications and expectations, expected outcomes, and guidance on ratios of mental health consultants and the settings they support. The model must include standards and guidelines for mental health consultants developed from evidence-based programs.
• Professional development plan for mental health consultants;
• Certification process for mental health consultants; and
• A published list of certified mental health consultants.

The bill requires the department to actively collect data related to the program and make regular reports on the program to the joint budget committee of the general assembly and as part of its annual "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing.

The department, in collaboration with the department of health care policy and financing, is directed to explore additional funding options for the program.

(Note: This summary applies to this bill as introduced.)

The bill makes changes to a program (program) within the department of human services (department) for children and youth with intellectual and developmental disabilities or co-occurring disorders (children and youth). The scope of rules to be promulgated by the department for the program is expanded to include planning for services for children and youth who become 18 years of age while in the program; access to behavioral health services; wait list management; process for a child or youth who is at risk for out-of-home placement; and program evaluation.

Current law only allows for a county department of human or social services to submit an application to the program for a child or youth. The bill extends this option to the parent or legal guardian of the child or youth, and extends all notification requirements related to the program to the parent or legal guardian as well.

The bill updates reimbursement provisions so that if a child or youth is not in the custody of a county department of human or social services or the department, the department shall directly reimburse the licensed provider where the child or youth is placed.

Beginning on or before September 1, 2020, the department is required to compile and make public an annual report on the program.

(Note: This summary applies to this bill as introduced.)

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 Legislative Oversight Committee Concerning the Treatment of Persons With Mental Health Disorders in the Criminal and Juvenile Justice Systems. The bill establishes and expands programs within the division of housing in the department of local affairs (division) to build the capacity of communities across the state to provide supportive housing services to individuals with behavioral, mental health, or substance use disorders who are homeless or at risk of becoming homeless and who have contact with the criminal or juvenile justice system, including:

• Expanding statewide training and technical assistance to help communities develop and implement supportive housing programs for individuals who have behavioral, mental health, or substance use disorders who are homeless or at risk of becoming homeless and who have contact with the criminal or juvenile justice system. The program must be targeted to communities that currently face barriers to accessing existing state and federal funding for supportive housing programs.
• Establishing a predevelopment grant program that provides funding to entities working to develop supportive housing interventions for individuals who have behavioral, mental health, or substance use disorders who are homeless or at risk of becoming homeless and who have contact with the criminal or juvenile justice system. The grant money can be used to add new or additional staff capacity to allow the development and implementation of such programs. The division is required to prioritize applicants that will serve rural or frontier communities and to provide hands-on technical assistance to grant recipients.
• Establishing a supportive housing services and homelessness prevention grant program. Grant money can be used to cover the costs of providing supportive housing services that are currently not eligible for reimbursement through the state's medical assistance program. It can also be used to fund homelessness prevention projects for individuals who have behavioral, mental health, or substance use disorders who are homeless or at risk of becoming homeless and who have contact with the criminal or juvenile justice system. The division is required to prioritize applicants that will serve rural or frontier communities and provide hands-on technical assistance to grant recipients.
• Developing a plan to increase participation in regional homeless data systems, support accurate data reporting, and assess housing-related needs. The program must work with regional continuums of care to evaluate how to increase participation in data systems in communities across the state, identify technical needs and associated costs for doing so, and work with communities and stakeholders to integrate or develop an integrated user interface for various data systems related to housing and supportive services. It must also enhance information about best practices and training materials available to communities across the state.
  (Note: This summary applies to this bill as introduced.)

Under current law, it is unlawful for a person to make available on the internet personal information of a law enforcement official (official) or child abuse or neglect caseworker (caseworker), or the official's or caseworker's family if the dissemination of the personal information poses an imminent and serious threat to the official's or caseworker's safety or the safety of his or her family. The act replaces the definition of "caseworker" in statute with a new definition of "human services worker" to include state and county employees, including county attorneys and contractors who are engaged in duties relating to the following matters and who have contact with the public regarding these duties:

• Investigating allegations of child abuse or neglect pursuant to article 3 of title 19;
• Investigating allegations of mistreatment of an at-risk adult pursuant to article 3.1 of title 26;
• Establishing, modifying, and enforcing child support orders pursuant to article 13 of title 26; and
• Determining eligibility for or investigating fraud in public programs established in article 2 of title 26.

"Human services worker" also includes employees of juvenile detention facilities who have contact with juveniles.

(Note: This summary applies to this bill as enacted.)

The bill requires an administrative unit to allow a behavior analyst to provide medically necessary services to a student during school hours if the student's parent or legal guardian requests such services.

The bill requires each administrative unit to adopt a policy that outlines certain requirements for a behavior analyst who is providing services in a school setting and parents who request the services of a behavior analyst. An administrative unit may establish consequences for a behavior analyst for failure to comply with the administrative unit's policy no later than July 1, 2021, concerning behavior analysts providing medically necessary services to a student during school hours. Prior to adopting the policy, each school district board of education shall solicit and receive input from parents and community members and discuss, in public at a regularly scheduled meeting of the school district board of education, behavior analysts providing medically necessary services to a student during school hours. The policy must be posted and made publicly available on the school district's website.

The bill requires each administrative unit to establish reporting requirements and prohibits an administrative unit from entering into a contract or an exclusive agreement with a behavior analyst that prohibits the parent or legal guardian from choosing a behavior analyst for the student.

(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.)

Transportation Legislation Review Committee. The bill creates the foster children's driver education grant program (program) in the state department of human services (state department) to reimburse county departments of human or social services (county departments) for costs paid to private driving schools for providing driving instruction to persons in the custody of the county department who are at least 15 years and less than 18 years of age. The state department shall administer the program and award grants to county departments.

On or before December 1, 2020, the state board of human services (state board) shall promulgate rules for the administration of the program. On or before November 1, 2021, and on or before January 1 each year thereafter, each county department that receives a grant through the program shall submit a report to the state department. At a minimum, the report must include the information required by rules promulgated by the state board. On or before January 1, 2021, and on or before January 1 each year thereafter for the duration of the program, the state department shall submit a summarized report to the appropriate reference committees of the general assembly. At a minimum, the report must include the information submitted to the state department by county departments.

The program is repealed, effective September 1, 2030. Before the repeal, the program is scheduled for a sunset review by the department of regulatory agencies.

The bill states that the program does not create any liability on behalf of a county department for contracting with a private driving school to provide driving instruction or for an injury alleged to have occurred while a person in the custody of the state department receives driving instruction from a private driving school, the cost of which instruction may be reimbursed to the county department from the program.

The bill states that a certified court order is sufficient to establish the legal name, identity, date of birth, lawful presence in the United States, or Colorado residency of a person who is in the custody of the state department, is at least 15 years and less than 18 years of age, and is applying for a driver's license.

(Note: This summary applies to this bill as introduced.)

The Legislative Oversight Committee Concerning the Treatment of Persons with Mental Health Disorders in the Criminal and Juvenile Justice Systems. The bill implements various recommendations of the legislative oversight committee concerning the treatment of persons with mental health disorders in the criminal and juvenile justice systems regarding juveniles who have committed sex offenses, including:

• Specifying that if a juvenile who is moving to Colorado would be otherwise required to register on Colorado's sex offender registry (registry) but the juvenile's duty to register in another state has been terminated by a court order, then the juvenile is not required to register or petition the court for removal from the registry;
• Expanding judicial discretion at the time of sentencing to exempt from registration or require juveniles to register for all first offense registerable juvenile sex crimes if a sex offender management board evaluator recommends exemption and the juvenile is otherwise statutorily eligible;
• Adding language to adult and juvenile provisions that currently reference only crimes defined as "unlawful sexual behavior" to also include convictions and adjudications for nonsexual crimes where there has been, pursuant to statute, a judicial finding of an underlying factual basis involving unlawful sexual behavior;
• Creating a process for the court to reconsider its ruling on whether to require registration if new information is discovered after the court made its initial ruling;
• Adding a requirement for the court to issue a ruling or set a mandatory hearing no later than 14 days before the end of each juvenile's sentence concerning a juvenile's ongoing duty to register;
• Changing the current law that allows the Colorado Bureau of Investigation (CBI) to inform the requesting party if a person is on the registry so that the CBI may release information about a juvenile only under certain restrictions;
• Requiring the CBI to collect data on the number of times information is requested and released concerning juveniles on the registry;
• Creating a new unclassified misdemeanor for members of the public who submit a false statement to the CBI for purposes of obtaining juvenile registry information or who use such information in a prohibited manner;
• Updating current law regarding the posting of information on the registry to the internet to specifically exclude juveniles;
• Clarifying that a local law enforcement agency may not release or post on its website information regarding juveniles on the registry;
• Changing current law that requires lifetime registration for an adult who has more than one adjudication as a juvenile so that juvenile adjudications alone may not trigger mandatory lifetime registration; and
• Updating language in the Colorado crime victim rights act to clarify victim rights when a petition or motion is made to terminate sex offender registration.
  (Note: This summary applies to this bill as introduced.)

Current law allows for the reinstatement of parental rights that were terminated if certain conditions are met and the child has not been adopted. The act expands that to allow for reinstatement of parental rights in cases where a parent voluntarily relinquished parental rights and the same conditions are met.

The act clarifies the court procedures to be followed if a respondent parent with a pending dependency and neglect case seeks to voluntarily relinquish parental rights.

(Note: This summary applies to this bill as enacted.)

The bill prohibits the department of human services (department) from including information about a person suspected of child abuse or neglect to the Colorado TRAILS system (system) absent notice and a hearing.

The bill requires the department to provide the person with written notice of the department's intent to list the person's name in the system and request a hearing before a department administrative law judge (ALJ) within 14 days after making a finding substantiating the allegations. A hearing is not required if a court has issued an order in a proceeding in which allegations of child abuse or neglect are at issue. The bill specifies the procedural requirements for a hearing before an ALJ.

The department is prohibited from releasing information about the person or the allegations against the person to a third party until all appeals are exhausted or waived.

The bill requires the department to maintain each report of suspected child abuse or neglect for 2 years from the date the report is received. Two years after the date of the original adjudication, a person listed in the system may request to have the person's name expunged from the system by submitting a written request to the department. If the request for expungement is denied, the person must wait an additional 2 years before submitting another request for expungement. The department may administratively expunge the person's name from the system.

(Note: This summary applies to this bill as introduced.)

There is currently a state income tax credit for a monetary contribution made prior to January 1, 2025, to promote child care in the state (credit). The credit is equal to 50% of a qualifying contribution. For income tax years that commence on or after January 1, 2020, the bill:

• Increases the age of a child from 12 to 18 in the definition of "child care", which expands the types of facilities to which a donation would qualify for the credit; and
• Specifies that a monetary contribution to a child advocacy center is a monetary contribution to promote child care in the state.
  (Note: This summary applies to this bill as introduced.)

The bill defines possession for purposes of sexual exploitation of a child.

The bill updates certain actions described as sexual exploitation of a child to reflect access and viewing due to evolving technology.

The bill makes sexual exploitation of a child an extraordinary risk crime, enhancing the presumptive sentencing range, if the sexually exploitative material depicts a child who is:

• Under 12 years of age;
• Subjected to the actual application of physical force or violence; or
• Subject to sexual intercourse, sexual intrusion, or sadomasochism.

The bill creates the sexual exploitation of a child surcharge for any person who is convicted or receives a deferred sentence for sexual exploitation of a child. Ninety-five percent of the surcharge goes to the sexual exploitation of children surcharge fund. The money in the fund will fund the enhance the effective investigation and prosecution of computer-facilitated sexual exploitation of children grant program. The grant awards go to law enforcement agencies to assist with developing and acquiring necessary technological or expert resources to investigate and prosecute computer-facilitated crimes of sexual exploitation of a child is continuously appropriated to the Colorado bureau of investigation to enhance the effective investigation and prosecution of computer-facilitated sexual exploitation of children.

(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 bill updates language in the "Colorado Homeless Youth Services Act" and establishes the services for youth experiencing or at risk of experiencing homelessness grant program (grant program) in the department of local affairs (department). The age requirement for such youth is increased to 24 years of age or younger from more than 11 years of age to less than 21 years of age. The department shall promulgate rules concerning the grant program, and the office of homeless youth services shall administer and monitor the grant program.

The grant program consists of up to 5 awards of up to $250,000 each awarded on or before January 1, 2021. Grant awards may only be awarded to existing providers of services to youth experiencing or at risk of experiencing homelessness, with priority given to those service providers that can expand services to underserved areas of the state, including street and community outreach, drop-in centers, emergency shelters, and supportive housing and transitional living programs.

The bill requires the department to prepare and submit a report to the appropriate committees of the general assembly on the outcomes of the grant program.

(Note: This summary applies to this bill as introduced.)

For renewal of an educator license, the bill requires teachers, special services providers, principals, and administrators to complete 10 clock hours of the professional development required during the term of the license relating to increasing awareness of laws and practices relating to the education of students with disabilities in the classroom, including educating students with behavioral concerns or behavioral disabilities, which laws and practices include but are not limited to child find and inclusive learning environments. A licensee who has less than 3 years left in the license renewal period at the time the bill is enacted has until the end of the next license renewal period to complete the professional development content requirement, and may use classes and activities completed during a 5-year look-back period to comply with the content requirement. Nothing in the bill prevents the licensee from applying a single professional development course to one or more content or hour requirements established in law.

The bill also requires each educator preparation program, alternative teacher program, and alternative principal preparation program to include course work that provides educator candidates or alternative teacher or principals with an overview of federal laws relating to the education of students with disabilities, individualized education programs, and child find and that teaches educators effective special education classroom practices, including but not limited to inclusive learning environments.

(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 bill adds definitions for "peer support professional" and "recovery support services organization" for the purposes of permissible claims submitted for reimbursement under the medical services program. A recovery support services organization (recovery organization) may bill and submit for reimbursement certain eligible peer support services (support services) provided by peer support professionals. The department of human services (department) is responsible for approving a recovery support services organization for reimbursement for support services. The bill sets forth detailed criteria for approval by the department, and the department is given rule-making authority to establish other criteria and standards as necessary.

The bill creates a refundable income tax credit available for income tax years commencing on or after January 1, 2021, but before January 1, 2031, for eligible peer support professionals (eligible individuals) who have worked in Colorado at least part-time for at least 3 years in the behavioral health sector and who either return to school or who graduate and return to work in the public or private health care sector. The tax credit is available for 4 consecutive years for eligible individuals who return to school and for 3 consecutive years for eligible individuals who return to work after attending school. The office of behavioral health in the department of human services (office) shall, in conjunction with the department of human services, review documentation supplied by eligible individuals seeking the tax credit and provide certification to the department of revenue if eligibility criteria for the tax credit is met. The office may not issue tax credit certificates that total more than $100,000 per income tax year.

(Note: This summary applies to this bill as introduced.)

Under current law, a child is neglected or dependent if the child's environment is injurious to the child's welfare. The bill clarifies that the child's environment is injurious to the child's welfare because the child's parent has placed the child in or failed to remove the child from a situation that a reasonable person would realize requires judgment or actions beyond the child's level of maturity, physical condition, or mental ability and that results in bodily injury or a substantial risk of immediate and grave harm as a result of a blatant disregard of parent or caretaker responsibilities.

A child is not neglected or dependent if a child who is of sufficient maturity, physical condition, and mental ability is left by the child's parent, guardian, or legal custodian, under conditions that are reasonably deemed safe and secure sufficient to avoid substantial risk of physical harm, to engage in independent activities specified in the bill.

The bill amends the criminal code to reflect that a person does not commit child abuse if the person is exercising reasonable judgment in allowing a child to engage in independent activities as described in language added to the dependency or neglect statute in the bill.

The bill amends the definition of neglect in the children's code to state that a child is not neglected when allowed to participate in independent activities specified in the bill that a reasonable and prudent parent would consider safe given the child's maturity, condition, and abilities.

(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.)

For a child or youth who obtains services under the state's medicaid program through the initiation of a dependency and neglect action or juvenile delinquency action resulting in out-of-home placement, the act requires the department of health care policy and financing (department) to assign the child or youth to the managed care entity (MCE) in the county in which the action was initiated. The department shall only change the MCE designation if requested by the county with jurisdiction over the action or the child's or youth's legal guardian.

(Note: This summary applies to this bill as enacted.)

The bill requires the department of education (department) to give preference to grant applicants that articulate a strong, comprehensive approach to significantly reduce the use of school policing, school resource officers, and invasive security technologies and practices, and implement evidence-based or promising practices designed to promote school safety and healthy learning environments. The department shall also give preference to grant applicants that demonstrate the applicant's current use of evidence-based or promising practices designed to promote school safety and healthy learning environments.

The preference criteria only applies to the student re-engagement grant program, the expelled and at-risk student services grant program, the school bullying prevention and education grant program, and the behavioral health care professional matching grant program.

(Note: This summary applies to this bill as introduced.)

The bill authorizes a physician or a mental health professional (professional) to evaluate or treat a minor patient (minor) for a behavioral health disorder with the consent of only one parent or legal guardian of the minor if both parents have legal decision-making authority over the minor, but not when there is an existing court order providing that the parents or legal guardians have joint-decision making authority concerning the medical or behavioral health decisions of the minor . The professional shall act in the best interest of the minor and provide services for a behavioral health disorder only in accordance with the professional's own advice or recommendation. The bill defines a minor as a person who is under 15 years of age.

(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 bill requires the office of respondent parents' counsel and the office of the child protection ombudsman to work collaboratively to develop and make recommendations to the department of human services (department) regarding a written document containing notice of the rights afforded to all parties involved in an investigation of child abuse or neglect. The department is required to prepare a standard written document based on those recommendations that must be provided to any party that is subject to an investigation of child abuse or neglect at the start of any such investigation.
(Note: This summary applies to this bill as introduced.)

Under existing law, the statute of limitations to bring a civil claim based on sexual assault or a sexual offense against a child is 6 years, but the statute is tolled when the victim is a person under disability or is in a special relationship with the perpetrator of the assault. The bill defines sexual misconduct and removes the limitation on bringing a civil claim based on sexual misconduct, including derivative claims and claims brought against a person or entity that is not the perpetrator of the sexual misconduct. The statutory period to commence a civil action described in the bill applies to a cause of action that accrues on or after January 1, 2021, or a cause of action accruing prior to January 1, 2021, so long as the applicable statute of limitations has not yet run as of January 1, 2021.

The bill removes the provision that a plaintiff who is a victim of a series of sexual assaults does not need to establish which act in the series caused the plaintiff's injuries.

Under existing law, a plaintiff who brings a civil action alleging sexual misconduct 15 years or more after the plaintiff turns 18 is limited to recovering only certain damages. The bill eliminates this restriction.

Under existing law, a victim who is a person under disability or is in a special relationship with the perpetrator of the assault may not bring an action against a defendant who is deceased or incapacitated. The bill eliminates this restriction.

Under existing law, a claim for negligence in the practice of medicine that is based on a sexual assault is exempt from the statute of limitation for claims involving sexual assault and instead is subject to the same limitation as any other claim for negligence in the practice of medicine. The bill removes this exemption.

(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 creates a requirement that of the 90 hours of professional development training currently required for renewal of a teacher's license during the term of the teacher's license, at least 10 of those hours must include some form of behavioral health training that is culturally responsive and trauma- and evidence-informed and increases awareness of laws and practices relating to educating students with disabilities in the classroom, including child find and inclusive learning environments. The 10 clock hours may be obtained by any combination of related courses, so long as at least 1 of the 10 clock hours is related to behavioral health training and at least 1 of the 10 clock hours is related to educating students with disabilities in the classroom.

The act requires teacher preparation programs to include in program graduation requirements that each teacher candidate in an initial educator licensure program complete at least 1 semester- or quarter-length course in behavioral health training that is culturally responsive and trauma- and evidence-informed.

(Note: This summary applies to this bill as enacted.)

The bill updates various provisions of the "Colorado Children's Trust Fund Act", including renaming it the "Colorado Child Abuse Prevention Trust Fund Act" (act). Changes include:

• Expanding the membership on the Colorado child abuse prevention board (board) from the current 9 members to 17 members;
• Expanding the powers and duties of the board to include advising and making recommendations to the governor, state agencies, and other entities regarding child maltreatment prevention; developing strategies to decrease the incidences of child maltreatment and other adverse childhood experiences; and implementing and monitoring the ongoing development of local child maltreatment prevention plans throughout the state; and
• Extending the repeal of the act from 2022 to 2026.
  (Note: This summary applies to this bill as introduced.)

The bill repeals an existing income tax credit available to taxpayers who make contributions to enterprise zone administrators to promote temporary, emergency, or transitional housing programs for the homeless and replaces that income tax credit with one that is available in the entire state that is modeled after the enterprise zone credit that is being repealed. Instead of having the enterprise zone administrators and the office of economic development manage the credit, the bill places that responsibility on the division of housing in the department of local affairs. The amount of the income tax credit remains the same for each contribution, except the new credit is capped at $750,000 in contributions to each project that the division approves and the new credit's availability is limited to 5 years.
(Note: This summary applies to this bill as introduced.)

The act removes the requirement that the department of health care policy and financing and the department of human services implement high-fidelity wraparound services for children and youth at risk of out-of-home placement or in an out-of-home placement unless money is appropriated for the implementation of the services.

The act removes the requirement that the department of public health and environment provide statewide training for primary care providers on the standardized screening tools unless money is appropriated for the training.

The act reduces appropriations to the department of health care policy and financing and the department of human services.

(Note: This summary applies to this bill as enacted.)

The act provides eviction assistance, rental assistance, residential mortgage assistance, and guidance on other housing assistance to households facing financial hardship due to the COVID-19 pandemic.

In determining how to distribute rental assistance, the division of housing in the department of local affairs (division) is required to prioritize:

• Homeless families with dependents or other children enrolled in preschool, elementary, or secondary schools;
• Medicaid clients in nursing homes who are able to live in their communities with in-home services;
• Family unification and related services;
• Homeless or disabled veterans;
• Low-income households with an income at or below one hundred percent of the area median income;
• Survivors of domestic violence;
• People experiencing homelessness who are at a higher risk of contracting COVID-19 according to the federal centers for disease control; and
• Entities that provide direct services to youth experiencing or at risk of experiencing homelessness.

In determining how to distribute residential mortgage assistance, the division is required to prioritize households with an income at or below 100% of the area median income.

From money given to the state in the federal "Coronavirus Aid, Relief, and Economic Security Act":

• $350,000 is appropriated to the judicial department for use by the eviction legal defense grant program; and
• $19,650,000 is transferred from the care subfund in the general fund to the housing development grant fund administered by the division.
  (Note: This summary applies to this bill as enacted.)

School Safety Committee. The bill requires the department of education (department) to offer a train the trainer program (program) designed to improve school culture, promote youth behavioral and mental health, and prepare attendees to teach a youth behavioral and mental health training course. The department must make the program available to employees of a school district, charter school, or board of cooperative services (local education provider). A local education provider and its employees are not required to participate in the program. The department may enter into an agreement with an organization to provide the program. The department is required to annually evaluate the effectiveness of the program. The general assembly is required to annually appropriate up to $1 million for the program. The program is repealed June 30, 2024.

The program must include evidence-based instruction on, and prepare an attendee to teach a youth behavioral and mental health training course that includes, any of the following subjects:

• Using trauma-informed approaches to improve overall school climate and culture;
• Identifying behavioral and mental health challenges and substance use disorders;
• Restorative practices for addressing youth behavioral and mental health challenges;
• Improving youth social and emotional health;
• Bullying prevention and intervention strategies;
• Encouraging positive bystander behavior;
• Best practices for providing assistance in noncrisis situations;
• De-escalation of crisis situations; or
• Identifying and accessing available behavioral and mental health resources and substance use disorder support services and treatment.
  (Note: This summary applies to this bill as introduced.)

The act requires insurance carriers to provide coverage for the treatment of substance use disorders in accordance with the American society of addiction medicine (ASAM) criteria for placement, medical necessity, and utilization management determinations in accordance with the most recent edition of the ASAM criteria. The act also authorizes the commissioner of insurance, in consultation with the department of human services (DHS) and the department of health care policy and financing, to identify by rule alternate nationally recognized substance-use-disorder-specific treatment criteria if the ASAM criteria are no longer available, relevant, or reflect best practices. These provisions apply to health benefits plans issued or renewed on or after January 1, 2022.

The act prohibits managed service organization contracted providers; withdrawal management services; and recovery residences from denying access to medical or substance use disorder treatment services, including recovery services, to persons who are participating in prescribed medication-assisted treatment for substance use disorders. In addition, the act prohibits courts and parole, probation, and community corrections from prohibiting the use of prescribed medication-assisted treatment as a condition of participation or placement.

The act requires managed care entities to provide coordination of care for the full continuum of substance use disorder and mental health treatment and recovery services, including support for individuals transitioning between levels of care.

The act authorizes the commissioner of insurance, in consultation with the department of public health and environment (CDPHE), to promulgate rules, or to seek a revision of the essential health benefits package, for prescription medications for medication-assisted treatment to be included on insurance carriers' formularies.

The act requires insurance carriers to report to the commissioner of insurance on the number of in-network providers who are licensed to prescribe medication-assisted treatment for substance use disorders, including buprenorphine, and the number of prescriptions for medication-assisted treatment filled by enrollees. Further, insurance carriers shall report on the carrier's efforts to ensure sufficient capacity for and access to medication-assisted treatment. The act requires the commissioner of insurance to promulgate rules concerning the reporting.

The act requires insurance carriers to provide coverage for at least one opiate antagonist.

The act consolidates part 1 of article 82 of title 27, Colorado Revised Statutes, relating to emergency treatment and voluntary and involuntary commitment of persons for treatment of drugs into the existing part 1 of article 81 of title 27 relating to emergency treatment and voluntary and involuntary commitment of persons for treatment of alcohol use disorders, in order to create a single process that includes all substances. The new scope of part 1 of article 81 of title 27 includes both alcohol use disorder and substance use disorder under the defined term "substance use disorder".The amendments and additions to part 1 of article 81 of title 27 include:

• Defining "administrator" to include an administrator's designee;
• Adding a definition of "incapacitated by substances" to include a person who is incapacitated by alcohol or incapacitated by substances;
• Changing terminology throughout that refer to "substances" to include both alcohol and drugs;
• Adjusting the duration of the initial involuntary commitment from 30 days to up to 90 days;
• Allowing a person to enter into a stipulated order for committed treatment, expediting placement into treatment;
• Removing the mandatory hearing for the initial involuntary commitment but allowing a person to request a hearing if the person does not want to enter into a stipulated order for committed treatment;
• Incorporating in statute "patient's rights" relating to civil commitment;
• Using person-centered language throughout the statutory process; and
• Relocating the existing opioid crisis recovery funds advisory committee from article 82 in title 27 to article 81 in title 27.

In addition, the act amends statutory references, including several in the professional licensing statutes in title 12, Colorado Revised Statutes, to remove references to both alcohol use disorder and substance use disorder as grounds for professional discipline, and replaces those terms with the single term "substance use disorder", which the act now defines in article 81 of title 27 to include both drugs and alcohol. The act also amends statutory references to provisions in part 2 of article 82 of title 27, which the act repeals and replaces those references with a new reference to the relevant provisions in article 81 of title 27.

(Note: This summary applies to this bill as enacted.)

School Safety Committee. Current law requires school districts to adopt a written policy setting forth the school district's attendance requirements. The bill requires the policy to include excused absences for behavioral health concerns.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The act:

• Continues the opioid and other substance use disorders study committee (committee) for an additional 4 years, meeting every other year beginning in 2021;
• In addition to the existing areas of study, for the 2021 interim, requires the committee to study the relationship between mental health conditions and substance use disorders and the effect of COVID-19 on substance use disorders;
• Requires the state substance abuse trend and response task force to convene stakeholders for the purpose of generating policy recommendations related to opioid and other substance use disorders and reviewing progress on bills introduced by the committee and passed by the general assembly;
• Modifies how child abuse, neglect, or dependency is determined in situations involving alcohol or substance exposure; and
• Authorizes the statewide perinatal substance use data linkage project to conduct ongoing research related to the incidence of perinatal substance exposure or related infant and family health and human service outcomes based on the new standards for determining child abuse, neglect, or dependency when alcohol or substance exposure is involved.

$74,620 is appropriated from the general fund to the department of human services and reappropriated to the department of law to purchase legal services. The appropriation to the office of the governor, for use by the office of information technology for applications administration, is reduced by $74,620.

(Note: This summary applies to this bill as enacted.)

The bill makes an offender serving a sentence in the department of corrections for a felony offense that was committed while the offender was 18 to 24 years of age eligible for parole after the offender serves 50% of the sentence and after the offender has served at least 15 calendar years in prison. There is a presumption, subject to the parole board's discretion, that the offender will be released on parole if the offender has not had any code of penal discipline violations in the last 5 years and no class I code of penal discipline violations in the last 10 years.

The department of corrections operates a specialized program for offenders who are serving a prison sentence for a felony offense committed while the offender was a juvenile as a result of criminal charges filed by direct file or transfer proceedings. The bill would expand program eligibility to adults serving a sentence for a felony that was committed when the person was 18 to 24 years of age.

(Note: This summary applies to this bill as introduced.)

The act clarifies that an offender sentenced pursuant to the "Colorado Sex Offender Lifetime Supervision Act of 1998" may be released to a community corrections program only if the offender meets certain requirements for an offender being released on parole including that:

• The offender has successfully progressed in sex offender treatment as determined by the department of corrections and would not pose a threat to the community if released to community corrections;
• There is a strong and reasonable probability that the offender would not thereafter commit a new criminal offense; and
• After considering criteria established by the sex offender management board and other relevant factors, the executive director of the department of corrections finds that release to community corrections is appropriate.
  (Note: This summary applies to this bill as enacted.)

Correctional facilities, school districts, hospitals, and retail food establishments are encouraged to donate apparently wholesome food to local nonprofit organizations for distribution to needy or poor individuals. Correctional facilities, school districts, and hospitals that donate items of food to nonprofit organizations are provided limited immunity from civil and criminal liability, which limited immunity state law already provided to donor retail food establishments. The immunity does not apply to willful, wanton, or reckless acts of donors that result in injury to recipients of the donated foods.

A farmer who allows one or more individuals to enter the farmer's property for the purpose of gleaning produce for donation to a nonprofit organization for use or distribution in providing assistance to needy or poor persons is not liable for damages in any civil action or subject to prosecution in any criminal proceeding resulting from an injury to any such individual unless the injury results from a willful or wanton act or omission of the farmer.

(Note: This summary applies to this bill as enacted.)

Current law requires an individual who wishes to have a document notarized to appear personally before a notary public.

Effective December 31, 2020:

• The act authorizes a notary public to perform a notarial act on behalf of an individual who is not in the notary's physical presence, but only with respect to an electronic document;
• To perform a "remote notarization", a notary must use an electronic system that conforms to standards established by rules of the secretary of state, including using real-time audio-video communication;
• The act establishes the standards that a notary must comply with to have satisfactory evidence of the identity of the individual seeking the remote notarization; and
• The use or sale of personal information of a remotely located individual by a remote notary and the provider of a remote notarization system is prohibited except in specific, limited circumstances.

The governor issued an emergency executive order in response to the COVID-19 pandemic that directed the secretary of state to issue an emergency rule to authorize remote notarizations, which the secretary of state did. The act ratifies remote notarizations conducted pursuant to the emergency rule between March 30, 2020, and December 31, 2020.

The act appropriates $132,795 from the department of state cash fund to the department of state to implement the act.

(Note: This summary applies to this bill as enacted.)

The act allows a homeless youth who is 15 years of age or older (youth) to consent to receiving shelter or shelter services from a licensed homeless youth shelter. The state department of human services shall promulgate rules for licensed homeless youth shelters to follow when a youth consents to receiving shelter or shelter services.

(Note: This summary applies to this bill as enacted.)

If a court appoints as an emergency guardian or special conservator a professional person or public administrator, the act requires the court to also appoint a court visitor to interview the respondent and others and report to the court on the supported decision-making surrounding the respondent.

Current law allows a court on its own motion or at the request of an interested person to conduct an emergency review of a fiduciary's actions. The act requires the judge to rule on the motion or request within 14 days.

(Note: This summary applies to this bill as enacted.)

Beginning in the 2020-21 budget year, the bill allows a school district, a board of cooperative services, a charter school, or the state charter school institute (local education provider) that operates a pathways in technology early college high school (p-tech school) to apply to the department of education (department) for reimbursement for the amount of tuition and fees and the costs of books and materials incurred in enrolling p-tech school students in postsecondary courses. The amount of the reimbursement is based on the average of the in-state tuition for local district colleges or community colleges, depending on the type of institution that provides the course, and is payable only for each successfully completed course credit hour. The state board of education must promulgate rules to implement the reimbursements. For the 2020-21 budget year and each budget year thereafter, the general assembly is directed to appropriate at least $2 million for the amount of the reimbursements. As part of the annual budget preparation process, the department will report the actual amount reimbursed and the amount expected to be reimbursed in the current and future budget years.
(Note: This summary applies to this bill as introduced.)

The act makes changes to the assistance programs that are designed to increase the number of educators within the state, especially in rural school districts, by:

• Expanding the educator loan forgiveness program by making it available to individuals who graduate from any preparation program that leads to educator licensure and removing the limitation of no more than 100 new participants per year;
• Clarifying that a stipend provided to teacher candidates in rural areas does not constitute student financial assistance;
• Clarifying that a teaching fellow may choose to have a teaching fellowship program stipend awarded as student financial assistance or wages for employment;
• Authorizing stipends for teachers employed by a rural school, rural school district, or rural board of cooperative services who seek additional license endorsements or a master's degree to meet a faculty need; and
• Specifying percentages for allocating funding among various programs that provide stipends for teacher candidates, teachers completing alternative licensing programs, and teachers in rural school districts.

The act amends the program requirements that the department of higher education and the Colorado commission on higher education (commission) must review when approving educator preparation programs (programs). With the passage of the act, after reviewing a program, the commission, in addition to approving the program, placing the program on probation status, or terminating the program, may grant the program conditional approval. The commission must adopt policies regarding how long a program may remain on conditional approval or probation and how a program is moved from one approval level to another. A program that receives conditional approval may continue accepting new students, but a program on probationary status cannot accept new students.

After reviewing the content of a program to ensure the content prepares teachers to meet the teacher quality standards and qualify for licensure, the state board of education (state board) may now recommend that the program be placed on conditional approval or probation. The commission must work with the state board in determining the status of educator preparation programs.

The act requires the department of higher education, by October 1, 2020, to post information on the department's website describing the various programs and pathways in Colorado that lead to teacher licensure.

(Note: This summary applies to this bill as enacted.)

The act updates Colorado's statutory provisions related to foster care prevention services and supports (prevention services) in the context of the federal "Family First Prevention Services Act", including:

• Updating the definition of "kin" to ensure that kin are eligible for prevention services;
• Updating the definition of "qualified individual" to clarify eligibility;
• Clarifying the elements of reviews of qualified residential treatment program placements (placements) to ensure that the placement of children, juveniles, and youth are reviewed initially by the court and not by the administrative review division;
• Updating language referring to children to include juveniles and youth to ensure that delinquent youth are also identified as a population that is eligible for prevention services and meet the requirements for placements;
• Adding information about prevention services and the authority of county departments of human or social services to provide prevention services;
• Requiring that when a youth is committed to the state department of human services, the court shall make additional findings to ensure the commitment is not the result of a lack of available appropriate placements;
• Adding requirements to a court to make specific findings when it deviates from the assessor's recommendation of a placement;
• Setting a new requirement that residential child care facilities must renew licenses annually; and
• Requiring the existing delivery of the child welfare services task force to make recommendations on the reduction of state reimbursements for certain out-of-home placements on or before December 15, 2020.

The act makes the following appropriations for the 2020-21 state fiscal year:

• $936,412 is reduced from the general fund and increased from the reappropriated funds for the department of human services executive director's office for employment and regulatory affairs;
• $546,652 is appropriated to the department of human services executive director's office for legal services and the administrative review unit;
• $91,039 in anticipated federal funds is appropriated to the office of information technology services for Colorado trails and the division of child welfare for administration;
• $242,250 is appropriated to the office of the governor for department of human services information technology;
• $38,376 is appropriated to the department of law for department of human services legal services;
• $211,200 is appropriated to the judicial department for office of the child's representative personal services; and
• $178,560 is appropriated to the judicial department for respondent parents' counsel personal services.
  (Note: This summary applies to this bill as enacted.)

In 2019, the general assembly authorized the division of youth services to expand a pilot program to implement therapeutic group treatment by adding an additional pilot program. Rather than expanding to 2 separate programs, the bill extends the term of the existing program and requires a final evaluation of the pilot program.

(Note: This summary applies to this bill as introduced.)

The bill provides that, for purposes of the "Workers' Compensation Act of Colorado", if an essential worker who works outside of the home contracts COVID-19, the contraction is:

• Presumed to have arisen out of and in the course of employment; and
• A compensable accident, injury, or occupational disease.

An essential worker is considered to have contracted COVID-19 if the worker tests positive for the virus that causes COVID-19, is diagnosed with COVID-19 by a licensed physician, or has COVID-19 listed as the cause of death on the worker's death certificate.

(Note: This summary applies to this bill as introduced.)

The act creates a small business COVID-19 grant program, financed by $20 million from the federal money allocated to the state pursuant to the federal "Coronavirus Aid, Relief, and Economic Security Act", also referred to as the "CARES Act". The Colorado office of economic development (office) will administer the grant program and the Colorado economic development commission will contract with the Colorado housing and finance authority (CHFA) to operate the grant program. CHFA will work with nonprofit or community-based lenders that will underwrite and distribute the grants to small businesses pursuant to the program.

To be eligible for a grant, a small business must have fewer than 25 employees and have been affected by economic hardship caused by the COVID-19 pandemic. A preference is given for a small business that did not qualify for or receive a paycheck protection program loan; is majority owned by veterans, women, or minorities; or is located in a rural area. Individual grant awards are capped at $15,000, and of the total amount allocated for the grant program, $5 million is earmarked, until October 1, 2020, for tourism businesses. The federal money must be spent by December 30, 2020. The office must submit reports on the grant program to the committees of the general assembly with jurisdiction over business affairs.

The act appropriates $20,000,000 from the care subfund in the general fund to the office for administration of the small business COVID-19 grant program.

(Note: This summary applies to this bill as enacted.)