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.)

Fiscal Note

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.)

Fiscal Note

Prison Population Management Interim Study Committee. Under current law, the Centennial south campus of the Centennial correctional facility is only able to house inmates under limited circumstances. The bill would open the facility for up to 650 close custody inmates. and require that for each inmate who is housed at the facility, an inmate must be removed from a private prison until the facility is full.

The bill states that out-of-state prisoners are not allowed in private prisons in the state unless the executive director of the department of corrections (department), in consultation with the governor, determines that exigent circumstances require that inmates be housed in private prisons in order to protect public, health, or safety.

The bill directs the department of corrections (department) to study how to end the practice of using the impact on ending the use of private prisons. by 2025 in a responsible way. The department will 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. The department shall consult with county commissioners of the counties in which private prisons are located. The study must include:

• Evidence-based strategies to stop using private prisons and move individuals into alternative facilities or programs;
• An analysis of the economic impacts on affected communities, including the loss of local tax revenue;
• An analysis of the impact that reducing private prison beds would have on local governments and community-based providers;
• A utilization analysis of all state-operated facilities and all other facilities that can be used for housing inmates;
• An analysis of the effect of releasing sex offenders who are assessed as low risk;
• An analysis of what state-operated facilities and programs may be utilized to keep pace with demand;
• An analysis of the best practices and programs that are necessary for successful reintegration of offenders, alternatives to incarceration, and recidivism reduction strategies consistent with public safety ;
• An analysis of the feasibility of the department to obtain private prison facilities in Colorado; and
• An analysis of the resources necessary to accomplish the strategies required to transition the state away from private prisons if the decision is made to transition the state away from private prisons .

The bill adds to the list of achievements that allow an inmate to receive earned time showing exemplary leadership through mentoring, community service, and distinguished actions benefiting 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 bill requires the sentencing court to provide the offender with an evidentiary hearing, or in the alternative a new sentencing hearing for any termination from a community corrections program.

The bill amends the escape statutes to exclude direct sentences, 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 from the concepts of custody or confinement for purposes of escape. The bill lowers the penalties for escape and attempted escape crimes. The bill creates a new crime of absconding if the location of a person on intensive supervision parole or a person in a community corrections program is unknown to the authorized agency responsible for the person's supervision. The bill 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 bill appropriates $250,000 from the general fund for the study required by the bill.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Note

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.)

Fiscal Note

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 bill 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: 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.)

Fiscal Note

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.)

Fiscal Note

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.)

Fiscal Note

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.)

Fiscal Note

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 bill 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 bill 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 the reengrossed version of this bill as introduced in the second house.)

Fiscal Note

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.)

Fiscal Note

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.)

Fiscal Note

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.)

Fiscal Note

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.)

Fiscal Note

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.)

Fiscal Note

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.)

Fiscal Note

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.)

Fiscal Note

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, the bill directs 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 or the child's or youth's legal guardian. If the child or youth obtains services other than through an initiated dependency and neglect action, then reassignment to another MCE may only be requested by the child's or youth's legal guardian.
(Note: This summary applies to this bill as introduced.)

Fiscal Note

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.)

Fiscal Note

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.)

Fiscal Note

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.)

Fiscal Note

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 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.

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

Fiscal Note

The bill creates a requirement that of the 90 hours of professional development training currently required for educator licensure renewal during the term of the educator'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.

The bill requires teacher preparation programs to include in program graduation requirements that each teacher candidate in an initial educator licensure program complete at least 10 hours of behavioral health training that is culturally responsive and trauma- and evidence-informed.
(Note: This summary applies to this bill as introduced.)

Fiscal Note

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.)

Fiscal Note

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.)

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.)

Fiscal Note

Opioid and Other Substance Use Disorders Study Committee. Section 1 of the bill requires updated community assessments every 2 years of the sufficiency of substance use disorder services in the community to be compiled by an independent entity contracted by the department of human services (DHS). The assessment must include input and the opportunity for review and comment from community entities and individuals. Based on the community assessment, the managed service organization will prepare a draft community action plan and shall allow time for stakeholder review and comment on the plan.

Section 2 of the bill 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 bill also authorizes the commissioner of insurance, in consultation with 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.

Sections 3, 4, and 5 of the bill increases funding by $1 million for provider loan forgiveness and scholarships from the Colorado health service corps fund in the department of public health and environment (CDPHE). The bill recognizes a goal of the loan forgiveness and scholarship programs of creating a diverse health care workforce that is able to address the needs of underserved populations and communities.

Section 6 of the bill authorizes a pharmacy that has entered into a collaborative pharmacy agreement with one or more physicians to receive an enhanced dispensing fee for the administration of all injectable medications for medication-assisted treatment that are approved by the federal food and drug administration, and not just injectable antagonist medication.

Section 7 of the bill requires DHS to commission a state child care and treatment study and final report to make findings and recommendations concerning gaps in family-centered substance use disorder treatment and to identify alternative payment structures for funding child care and children's services alongside substance use disorder treatment of a child's parent. DHS shall distribute the report to the general assembly and present the report in its annual presentation to committees of the general assembly.

Sections 8, 9, 10, 11, and 12 of the bill prohibit 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 bill prohibits courts and parole, probation, and community corrections from prohibiting the use of prescribed medication-assisted treatment as a condition of participation or placement.

Section 13 of the bill 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.

Section 14 of the bill appropriates $250,000 to the office of behavioral health in DHS for allocation to the center for research into substance use disorder prevention, treatment, and recovery support strategies for the continued employment of grant writers to aid local communities in need of assistance to access federal and state money to address opioid and other substance use disorders in their communities.

Section 15 of the bill authorizes the commissioner of insurance, in consultation with 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.

Section 16 of the bill 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 of that number, to indicate how many providers are actively prescribing medication-assisted treatment. The bill requires the commissioner of insurance to promulgate rules concerning the reporting.

Section 17 of the bill requires insurance carriers to provide coverage for naloxone hydrochloride, or other similarly acting drug, without prior authorization and without imposing any deductible, copayment, coinsurance, or other cost-sharing requirement.

Section 18 of the bill requires DHS to implement a program for training and community outreach relating to, at a minimum, the availability of and process for civil commitment of persons with an alcohol or substance use disorder. The training must be provided to first responders, law enforcement, emergency departments, primary care providers, and persons and families of persons with a substance use disorder, among others.

Sections 19 through 65 of the bill consolidate part 1 of article 82 of title 27, C.R.S., 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, C.R.S., 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, C.R.S., 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, C.R.S., 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 to 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, C.R.S., to article 81 in title 27, C.R.S.

In addition, the bill makes conforming amendments, including several in the professional licensing statutes in title 12, C.R.S., 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 bill now defines in article 81 of title 27, C.R.S., to include both drugs and alcohol.

The bill also makes conforming amendments to remove statutory references to provisions in part 2 of article 82 of title 27, C.R.S., which the bill repeals, and replaces those references with a new reference to the relevant provisions in article 81 of title 27, C.R.S.

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

Fiscal Note

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.)

Fiscal Note

Opioid and Other Substance Use Disorders Study Committee. The bill:

• Annually appropriates $250,000 to the department of labor and employment for the purpose of providing peer coaching and peer specialist training for individuals recovering from substance use disorders ( section 1 of the bill);
• Continues the opioid and other substance use disorders study committee (committee) for an additional 4 years, meeting every other year beginning in 2021 ( sections 2 and 3 );
• Requires the state substance abuse trend and response task force to: Convene stakeholders for the purpose of reviewing progress on bills introduced by the committee and passed by the general assembly and generating policy recommendations related to opioid and other substance use disorders; and submit its annual report to the committee ( section 4 );
• Modifies how the determination of child abuse, neglect, or dependency is determined in situations involving alcohol or substance exposure ( sections 5 to 7 );
• Annually appropriates $2 million to the office of behavioral health (office) in the department of human services for the purpose of expanding the individual placement and support program ( section 8 );
• Requires the center for research into substance use disorder prevention, treatment, and recovery support strategies (center) to design and conduct a comprehensive review of Colorado's substance use disorder treatment and recovery services to inform a state plan for the delivery of services across the continuum of care for individuals at risk of relapse and appropriates $500,000 to the center for the completion of the review ( section 9 );
• Requires the center, through 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. The bill also annually appropriates $75,000 to the center to conduct the research ( section 10 ).
• Requires the office to establish a program to assist individuals with substance use disorders by providing the individuals with temporary financial housing assistance and annually appropriates $4 million to the office for purposes of the program ( section 11 ); and
• Creates the recovery support services grant program in the office to provide grants to recovery community organizations, and annually appropriates $3.5 million to implement the program ( section 12 ).
  (Note: This summary applies to this bill as introduced.)

Fiscal Note

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.)

Fiscal Note

The bill 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 violate the law 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: 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.)

Fiscal Note

Current law provides limited immunity from civil and criminal liability to retail food establishments, nonprofit organizations, and other entities that donate items of food to nonprofit organizations for use or distribution in providing assistance to needy or poor persons. The bill extends the same immunity to correctional facilities.

The bill encourages retail food establishments, and correctional facilities, and school districts to donate apparently wholesome food to local nonprofit organizations for distribution to needy or poor individuals.

The bill provides that a farmer who allows one or more individuals to make entry on 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 individuals unless the injury results from a willful or wanton act or omission of the farmer.

(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.)

Fiscal Note

The bill allows a homeless youth who is 14 15 years of age or older (youth) to consent to receiving shelter or shelter services from a licensed homeless youth shelter. Upon receipt of such consent, a licensed homeless youth shelter is not required to notify the youth's parent or legal guardian or seek additional parental consent for shelter or shelter services. 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: 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.)

Fiscal Note

For petitions for wards or conservators, the bill requires a petitioner to conduct a prehearing conference with the minor or potentially incapacitated person and persons who may assist the minor or potentially incapacitated person. The petitioner must include a report of the prehearing conference with the petition and mail the petition and report to any person who participated in the prehearing conference. If a court appoints as an emergency guardian or special conservator a professional person or protective services, the court shall 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 bill requires the judge to rule on the motion or request within 14 days.

(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.)

Fiscal Note

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.)

Fiscal Note

The bill 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; and
• Clarifying that a teaching fellow may choose to have a teaching fellowship program stipend awarded as student financial assistance or wages for employment.

The bill 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). Under existing law, following a review, the commission may approve a program, place the program on probation status, or terminate the program. The bill adds the option of granting the program conditional approval and directs the commission to 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.

Under existing law, the state board of education (state board) reviews the content of educator preparation programs to ensure the content prepares teachers to meet the teacher quality standards and qualify for licensure. The bill clarifies that the state board, based on the content review, may recommend that an educator preparation program be placed on conditional approval or probation and that the commission must work with the state board in determining the status of educator preparation programs.

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

Fiscal Note

The bill 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 and social services (county departments) to provide prevention services, including developing a form to inform affected parents and caregivers of their rights and remedies;
• 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 child welfare services task force to make recommendations on the reduction of state reimbursements for certain out-of-home placements on or before July 31, 2020, and instructing the state to change reimbursement rates on or before January 1, 2021.
  (Note: This summary applies to this bill as introduced.)

Fiscal Note

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.)

Fiscal Note