Amendments for SB23-067
Senate Journal, February 28
After consideration on the merits, the Committee recommends that SB23-067 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, strike everything below the enacting clause and substitute:
"SECTION 1. In Colorado Revised Statutes, add 17-33-103 as
follows:
17-33-103. Development of a pre-release and reentry program -
report - definitions - repeal. (1) AS USED IN THIS SECTION, UNLESS THE
CONTEXT OTHERWISE REQUIRES:
(a) "FACILITY" MEANS THE STERLING CORRECTIONAL FACILITY.
(b) "PROGRAM" MEANS A PRE-RELEASE AND REENTRY PROGRAM
DEVELOPED IN CONSULTATION WITH RESIDENTS PURSUANT TO THIS SECTION.
(c) "PROGRAM DEVELOPER" MEANS THE PERSON DESCRIBED IN
SUBSECTION (2)(b) OF THIS SECTION ASSIGNED TO DEVELOP AND STUDY
STRATEGIES TO IMPLEMENT THE PROGRAM.
(d) "PROGRAM REPORT" MEANS THE REPORT ISSUED BY THE
DEPARTMENT PURSUANT TO SUBSECTION (4) OF THIS SECTION.
(e) "RESIDENT" MEANS A PERSON SERVING A TERM OF IMPRISONMENT
AT THE FACILITY.
(f) "THIRD-PARTY ORGANIZATION" MEANS AN ORGANIZATION THAT
SATISFIES THE QUALIFICATIONS DESCRIBED IN SUBSECTION (2)(d) OF THIS
SECTION THAT THE DEPARTMENT CONTRACTS WITH PURSUANT TO SUBSECTION
(2) OF THIS SECTION.
(2) (a) THE DEPARTMENT SHALL CONTRACT WITH A THIRD-PARTY
ORGANIZATION TO DEVELOP AND STUDY STRATEGIES FOR IMPLEMENTING A
PRE-RELEASE AND REENTRY PROGRAM THAT IS DESIGNED IN CONSULTATION
WITH RESIDENTS. THE GOAL OF THE PROGRAM IS TO BENEFIT PROGRAM
PARTICIPANTS, THE FACILITY, AND THE DEPARTMENT BY PROVIDING PROGRAM
PARTICIPANTS WITH RESOURCES TO SUPPORT THEIR REHABILITATION AND TO
REDUCE RECIDIVISM UPON THEIR RELEASE FROM THE FACILITY.
(b) (I) ON OR BEFORE AUGUST 1, 2023, THE DEPARTMENT SHALL ENTER
INTO AN AGREEMENT WITH THE THIRD-PARTY ORGANIZATON TO ASSIGN AN
INDIVIDUAL EMPLOYED BY THE THIRD-PARTY ORGANIZATION TO SERVE AS THE
PROGRAM DEVELOPER AND CARRY OUT THE DUTIES DESCRIBED IN THIS SECTION.
THE PROGRAM DEVELOPER MUST HAVE EXPERIENCE IN MENTAL AND
BEHAVIORAL HEALTH, CULTURAL COMPETENCY, AND THE REHABILITATION AND
RECIDIVISM OF JUSTICE-INVOLVED INDIVIDUALS. THE CONTRACT MUST REQUIRE
THE PROGRAM DEVELOPER TO CARRY OUT THE DUTIES DESCRIBED IN THIS
SECTION; EXCEPT THAT THE CONTRACT MUST PERMIT THE THIRD-PARTY
ORGANIZATION TO SUBCONTRACT WITH OTHER ORGANIZATIONS THAT HAVE
EXPERTISE IN SUBJECT AREAS, SUCH AS BEHAVIORAL HEALTH AND DATA
COLLECTION AND ANALYSIS, THAT ARE BENEFICIAL TO THE PROGRAM
DEVELOPER IN CARRYING OUT THE DEVELOPER'S DUTIES.
(II) THE DEPARTMENT SHALL ALLOW THE PROGRAM DEVELOPER TO
WORK IN THE FACILITY WITH RESIDENTS AND MAY REQUIRE THE PROGRAM
DEVELOPER TO MEET THE SAME QUALIFICATIONS AS A PERSON WHO SERVES AS
A CORRECTIONAL OFFICER AT THE FACILITY. THE DEPARTMENT MAY PROVIDE
AND REQUIRE THE PROGRAM DEVELOPER TO COMPLETE TRAINING NECESSARY
FOR THE PROGRAM DEVELOPER TO WORK IN THE FACILITY WITH RESIDENTS.
(III) THE PROGRAM DEVELOPER'S ONLY DUTIES ARE THOSE DESCRIBED
IN THIS SECTION RELATED TO DEVELOPING THE PROGRAM, STUDYING
IMPLEMENTATION STRATEGIES, AND PREPARING THE PROGRAM REPORT,
INCLUDING CONSULTING WITH RESIDENTS TO DESIGN THE PROGRAM AND
CONDUCTING THE RESEARCH AND ANALYZING DATA NECESSARY TO PREPARE
THE PROGRAM REPORT. THE PROGRAM DEVELOPER SHALL SPEND THE MAJORITY
OF THE PROGRAM DEVELOPER'S TIME CONSULTING WITH RESIDENTS TO DESIGN
AND STUDY IMPLEMENTATION STRATEGIES FOR THE PROGRAM.
(IV) IN ORDER FOR THE PROGRAM DEVELOPER TO HAVE SUFFICIENT
TIME TO DEVELOP THE PROGRAM, STUDY IMPLEMENTATION STRATEGIES, AND
PREPARE THE PROGRAM REPORT, THE PROGRAM DEVELOPER SHALL BEGIN WORK
NO LATER THAN AUGUST 15, 2023.
(c) THE PROGRAM DEVELOPMENT AND THE IMPLEMENTATION STUDY
MUST BE CONDUCTED IN COMPLIANCE WITH ALL DEPARTMENT AND FACILITY
RULES, AND THE DEPARTMENT SHALL PRIORITIZE PROGRAM DEVELOPMENT AND
THE IMPLEMENTATION STUDY. THE DEPARTMENT SHALL PROVIDE ASSISTANCE
TO THE PROGRAM DEVELOPER, INCLUDING ENSURING ACCESS TO AS MANY
RESIDENTS AS POSSIBLE.
(d) A THIRD-PARTY ORGANIZATION THAT CONTRACTS WITH THE
DEPARTMENT PURSUANT TO THIS SUBSECTION (2) MUST HAVE PROVEN
EXPERIENCE WORKING WITH POPULATIONS THAT ARE OVERREPRESENTED IN THE
DEPARTMENT'S RESIDENT POPULATION AND MUST HAVE NOT PREVIOUSLY
CONTRACTED WITH THE DEPARTMENT FOR ANY PURPOSE.
(3) (a) THE PROGRAM DEVELOPER SHALL CONSULT WITH RESIDENTS TO
DESIGN THE PROGRAM, INCLUDING DEVELOPING PROGRAM CURRICULUM AND
METRICS TO MEASURE PROGRAM SUCCESS. THE PROGRAM DEVELOPER SHALL
ALSO CONDUCT ANY RESEARCH NECESSARY TO COMPLETE THE PROGRAM
REPORT.
(b) THE PROGRAM MUST PROVIDE PARTICIPANTS WITH TRAINING IN
SKILLED OR PROFESSIONAL TRADES AND OTHER EMPLOYMENT-FOCUSED
ACTIVITIES, EDUCATION IN SKILLS BENEFICIAL TO A PARTICIPANT FOLLOWING
RELEASE FROM CONFINEMENT, AND MENTAL AND BEHAVIORAL HEALTH
COUNSELING SESSIONS. ADDITIONALLY, THE PROGRAM MUST:
(I) BE DESIGNED IN CONSULTATION WITH RESIDENTS;
(II) INCLUDE A PROCESS FOR DETERMINING ELIGIBILITY FOR RESIDENTS
TO PARTICIPATE IN THE PROGRAM;
(III) INCLUDE, AT A MINIMUM, SESSIONS OR INSTRUCTION IN THE
FOLLOWING AREAS: GENERAL POSTSECONDARY EDUCATION, ADDICTION
RECOVERY, VICTIM AWARENESS, TIME MANAGEMENT, DOMESTIC VIOLENCE
PREVENTION, PERSONAL FINANCE, LEADERSHIP, STRATEGIES FOR COPING WITH
DIFFICULT SITUATIONS, FAMILY REUNIFICATION UPON RELEASE, FORGIVENESS,
AND ALTERNATIVES TO VIOLENCE. THE PROGRAM MUST HAVE CUSTOMIZED
CURRICULUM THAT EMPHASIZES DIFFERENT AREAS OF STUDY FOR PARTICIPANTS
WHO ARE SCHEDULED FOR RELEASE FROM THE FACILITY WITHIN ONE YEAR AND
FOR PARTICIPANTS WHO ARE SCHEDULED FOR RELEASE FROM THE FACILITY IN
MORE THAN ONE YEAR.
(IV) WORK WITH PROFESSIONALS FROM OUTSIDE OF THE FACILITY, WHO
MAY INCLUDE COLLEGE AND UNIVERSITY PROFESSORS, MENTAL AND
BEHAVIORAL HEALTH PROFESSIONALS, SUBSTANCE USE DISORDER
PROFESSIONALS, AND SOCIOLOGISTS; AND
(V) PERMIT PROFESSIONALS FROM OUTSIDE THE FACILITY TO VISIT AND
WORK WITH PROGRAM PARTICIPANTS IN PERSON AT THE FACILITY.
(c) AS PART OF THE IMPLEMENTATION STUDY, THE PROGRAM
DEVELOPER SHALL EVALUATE THE COSTS, CHALLENGES, AND BENEFITS OF:
(I) PROVIDING PROGRAM PARTICIPANTS WITH THE TECHNOLOGY AND
TOOLS NECESSARY TO WORK REMOTELY WITH PROFESSIONALS FROM OUTSIDE
THE FACILITY;
(II) PRIORITIZING OPERATING THE PROGRAM AND PROGRAM ACTIVITIES
WHILE COMPLYING WITH DEPARTMENT AND FACILITY RULES;
(III) PROVIDING FINANCIAL ASSISTANCE TO PROGRAM PARTICIPANTS
RELEASED FROM THE FACILITY; AND
(IV) INCENTIVIZING EMPLOYERS WHO EMPLOY PROGRAM PARTICIPANTS
UPON RELEASE FROM THE FACILITY.
(4) (a) ON OR BEFORE DECEMBER 31, 2023, THE PROGRAM DEVELOPER
SHALL REPORT TO THE HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE AND
THE SENATE JUDICIARY COMMITTEE, OR THEIR SUCCESSOR COMMITTEES, AND
THE DEPARTMENT, ABOUT THE DEVELOPMENT OF THE PROGRAM.
(b) THE REPORT MUST MAKE RECOMMENDATIONS FOR IMPLEMENTING
AND OPERATING THE PROGRAM AT THE FACILITY, INCLUDING:
(I) STATUTORY CHANGES NECESSARY TO OPERATE THE PROGRAM;
(II) STRATEGIES FOR HIRING AND RETAINING QUALIFIED PROGRAM
STAFF;
(III) FUNDING REQUIRED FOR THE PROGRAM; AND
(IV) METHODS TO EVALUATE THE SUCCESS OF THE PROGRAM,
INCLUDING THE TYPES OF QUANTITATIVE AND QUALITATIVE DATA THAT SHOULD
BE COLLECTED ABOUT THE PROGRAM AND PROGRAM PARTICIPANTS, INCLUDING
CAPTURING NARRATIVE EXPERIENCES FROM PARTICIPANTS ABOUT SUBJECTS
THAT ARE SUPPORTIVE OF PARTICIPANTS' SOCIAL AND EMOTIONAL HEALTH,
SUCH AS LEADERSHIP SKILLS, CONFIDENCE, FEELING OF BELONGING, FEELING OF
PURPOSE, COMMUNICATION SKILLS, AND BETTERING INTERPERSONAL
RELATIONSHIPS. THE REPORT MUST INCLUDE A RECOMMENDATION FOR THE
LENGTH OF A LONGITUDINAL STUDY NECESSARY TO EVALUATE THE BENEFITS TO
PROGRAM PARTICIPANTS.
(c) THE REPORT MUST ALSO INCLUDE THE FOLLOWING INFORMATION:
(I) DISAGGREGATED DEMOGRAPHIC INFORMATION ABOUT THE
RESIDENTS WHOM THE PROGRAM DEVELOPER CONSULTED WITH DURING
DEVELOPMENT OF THE PROGRAM AND INFORMATION ABOUT THE RESIDENTS'
SENTENCES TO THE DEPARTMENT, INCLUDING THE OFFENSES FOR WHICH THE
RESIDENTS WERE CONVICTED, THE LENGTH OF SENTENCE TO INCARCERATION,
THE TIME SERVED, AND THE RESIDENTS' CUSTODY LEVEL;
(II) THE AMOUNT OF TIME THE PROGRAM DEVELOPER SPENT
CONSULTING WITH RESIDENTS, ORGANIZED BY THE DEMOGRAPHIC INFORMATION
OF THE RESIDENTS WITH WHOM THE PROGRAM DEVELOPER CONSULTED;
(III) THE PERCENTAGE OF RESIDENTS EXPECTED TO BE ELIGIBLE FOR
PARTICIPATION IN THE PROGRAM;
(IV) DETAILED INFORMATION ABOUT THE ANTICIPATED PROGRAM
SCHEDULE, INCLUDING THE AMOUNT OF TIME ALLOTTED EACH DAY FOR
PROGRAM ACTIVITIES AND HOW OFTEN A PARTICIPANT MUST PARTICIPATE IN
PROGRAM ACTIVITIES TO ACHIEVE THE INTENDED BENEFITS OF THE PROGRAM;
(V) THE ANTICIPATED BENEFITS FROM THE PROGRAM FOR
PARTICIPANTS, INCLUDING BENEFITS TO PARTICIPANTS FOLLOWING RELEASE
FROM THE FACILITY, PARTICIPANTS NEARING RELEASE FROM THE FACILITY, AND
PARTICIPANTS WHO ARE SERVING AS MENTORS IN THE PROGRAM; AND
(VI) RECOMMENDATIONS FOR ANY OTHER POLICY CHANGES BASED ON
INFORMATION LEARNED FROM DEVELOPING THE PROGRAM AND
IMPLEMENTATION STUDY.
(d) THE REPORT MAY INCLUDE RECOMMENDATIONS FOR OPERATING THE
PROGRAM IN OTHER CORRECTIONAL FACILITIES.
(4.5) IN ITS ANNUAL REPORT BEFORE THE HOUSE AND SENATE
COMMITTEES OF REFERENCE PURSUANT TO SECTION 2-7-203 MADE DURING THE
2024 LEGISLATIVE SESSION, THE DEPARTMENT SHALL INCLUDE INFORMATION
ABOUT THE PROGRAM DEVELOPMENT REQUIRED IN THIS SECTION.
(5) THIS SECTION IS REPEALED, EFFECTIVE JUNE 30, 2024.
SECTION 2. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.".
Senate Journal, March 17
After consideration on the merits, the Committee recommends that SB23-067 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend the Judiciary Committee Report, dated February 27, 2023, page 5, after
line 17 insert:
"SECTION 2. Appropriation. For the 2023-24 state fiscal year,
$100,000 is appropriated to the department of corrections for use by inmate
programs. This appropriation is from the general fund. To implement this act,
inmate programs may use this appropriation for contract services related to the
education subprogram.".
Renumber succeeding section accordingly.
Page 1 of the printed bill, line 104, strike "STAFF." and substitute "STAFF, AND,
IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
House Journal, April 12
5 Amend reengrossed bill, page 2, line 4, strike "Development of a
6 pre-release" and substitute "Pre-release", and after "program" insert "-
7 development - operation".
8
9 Page 8, strike lines 22 and 23, and substitute:
10
11 "SECTION AND HOW THE DEPARTMENT SPENT ANY MONEY APPROPRIATED
12 TO THE DEPARTMENT FOR THE PROGRAM DEVELOPMENT. THE
13 DEPARTMENT SHALL ALSO MAKE RECOMMENDATIONS FOR STATUTORY
14 CHANGES NECESSARY TO IMPLEMENT THE PROGRAM.
15 (5) (a) BEGINNING NO LATER THAN SEPTEMBER 1, 2024, AND
16 SUBJECT TO AVAILABLE APPROPRIATIONS, THE DEPARTMENT SHALL
17 OPERATE THE PROGRAM DEVELOPED PURSUANT TO THIS SECTION.
18 (b) (I) BEGINNING WITH ITS ANNUAL REPORT BEFORE THE HOUSE
203 19 AND SENATE COMMITTEES OF REFERENCE PURSUANT TO SECTION 2-7-
20 MADE DURING THE 2025 LEGISLATIVE SESSION, AND IN ITS ANNUAL
21 REPORT PURSUANT TO SECTION 2-7-203 EACH YEAR THEREAFTER, THE
22 DEPARTMENT SHALL INCLUDE INFORMATION ABOUT THE OPERATION AND
23 EFFICACY OF THE PROGRAM.
24 (II) IN ITS REPORT TO THE COMMITTEES OF REFERENCE DURING THE
25 2029 LEGISLATIVE SESSION, THE DEPARTMENT SHALL MAKE A
26 RECOMMENDATION CONCERNING WHETHER TO CONTINUE THE PROGRAM.
27 (6) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2029.".