Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0326.01 Michael Dohr x4347
HOUSE BILL 22-1210
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING THE CONTINUATION OF THE DOMESTIC VIOLENCE101
OFFENDER MANAGEMENT BOARD , AND, IN CONNECTION102
THEREWITH, IMPLEMENTING THE RECOMMENDATIONS103
CONTAINED IN THE 2021 SUNSET REPORT BY THE DEPARTMENT104
OF REGULATORY AGENCIES .105
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov/
.)
Sunset Process - House Judiciary Committee. The bill
implements the recommendation of the department of regulatory agencies'
HOUSE SPONSORSHIP
Benavidez,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. sunset review and report concerning the domestic violence offender
management board (board). The bill extends the board until September 1,
2033. The bill requires the board to conduct annual compliance reviews
on at least 5% of the treatment providers who provide services to
domestic violence offenders. The bill conforms the fingerprint-based
background check process for treatment providers to current law and
practice.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 16-11.8-103, amend2
(4)(a) introductory portion, (4)(a)(III) introductory portion, (4)(a)(III)(A),3
(4)(a)(III)(D), and (7)(a); and add (4)(a)(III.3) as follows:4
16-11.8-103. Domestic violence offender management board5
- creation - duties - repeal. (4) (a) The board shall carry out
HAS the6
following duties:7
(III) Develop an application and review process for treatment8
providers who provide services to domestic violence offenders pursuant9
to subsection (4)(a)(I) or (4)(a)(II) of this section. The standards must10
allow providers to demonstrate that they are in compliance with the11
standards adopted pursuant to subsections (4)(a)(I) and (4)(a)(II) of this12
section. The application and review process must consist CONSISTS of the13
following three parts:14
(A) The board shall develop separate application and review15
processes for standards that apply to the criminal justice component, such16
as criminal history record checks, for individual treatment providers and17
treatment programs. Applications for the criminal justice components,18
including fingerprints, must be submitted to the board. The board shall19
forward the fingerprints to the Colorado bureau of investigation for use20
in conducting a state criminal history record check and for transmittal to21
the federal bureau of investigation for a national criminal history record22
HB22-1210-2- check. The information obtained from the state and national criminal1
history record check may be used by the board to determine an applicant's2
eligibility for placement on the approved provider list. The board is3
responsible for the implementation of this subsection (4)(a)(III)(A) of the4
application and review process. A LOCAL LAW ENFORCEMENT AGENCY OR5
A THIRD PARTY APPROVED BY THE COLORADO BUREAU OF INVESTIGATION ,6
FOR THE PURPOSE OF OBTAINING A FINGERPRINT-BASED CRIMINAL HISTORY7
RECORD CHECK, SHALL TAKE THE FINGERPRINTS OF EACH APPLICANT . IF8
AN APPROVED THIRD PARTY TAKES THE APPLICANT 'S FINGERPRINTS, THE9
FINGERPRINTS MAY BE ELECTRONICALLY CAPTURED USING COLORADO10
BUREAU OF INVESTIGATION -APPROVED LIVESCAN EQUIPMENT . THE11
APPLICANT SHALL SUBMIT PAYMENT FOR THE FINGERPRINTS AND FOR THE12
ACTUAL COSTS OF THE RECORD CHECK AT THE TIME THE FINGERPRINTS13
ARE SUBMITTED TO THE COLORADO BUREAU OF INVESTIGATION . UPON14
RECEIPT OF FINGERPRINTS AND PAYMENT FOR COSTS , THE COLORADO15
BUREAU OF INVESTIGATION SHALL CONDUCT A STATE AND NATIONAL16
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK UTILIZING17
RECORDS OF THE COLORADO BUREAU OF INVESTIGATION AND THE18
FEDERAL BUREAU OF INVESTIGATION AND SHALL FORWARD THE RESULTS19
OF THE CRIMINAL HISTORY RECORD CHECK TO THE BOARD .20
(D) Notwithstanding any action taken by the department of21
regulatory agencies against a treatment provider, the board may take22
action against a treatment provider including, but not limited to, removing23
a treatment provider from the approved provider list. The board may24
determine the requirements for a treatment provider's name to be placed25
on the list after his or her name has been removed from the list pursuant26
to this subsection (4)(a)(III). THE BOARD SHALL PERFORM COMPLIANCE27
HB22-1210
-3- REVIEWS ON AT LEAST FIVE PERCENT OF THE TREATMENT PROVIDERS EACH1
YEAR.2
(III.3) N
OTWITHSTANDING ANY ACTION TAKEN BY THE3
DEPARTMENT OF REGULATORY AGENCIES AGAINST A TREATMENT4
PROVIDER, THE BOARD MAY TAKE INDEPENDENT ACTION AGAINST A5
TREATMENT PROVIDER INCLUDING , BUT NOT LIMITED TO, REMOVING A6
TREATMENT PROVIDER FROM THE APPROVED PROVIDER LIST . THE BOARD7
MAY DETERMINE THE REQUIREMENTS FOR A TREATMENT PROVIDER 'S NAME8
TO BE PLACED ON THE LIST AFTER THE NAME HAS BEEN REMOVED FROM9
THE LIST PURSUANT TO THIS SUBSECTION (4)(a)(III.3).10
(7) (a) This section is repealed, effective September 1, 2022
11
S
EPTEMBER 1, 2033.12
SECTION 2. In Colorado Revised Statutes, 24-34-104, repeal13
(23)(a)(IX); and add (34)(a)(II) as follows:14
24-34-104. General assembly review of regulatory agencies15
and functions for repeal, continuation, or reestablishment - legislative16
declaration - repeal. (23) (a) The following agencies, functions, or both,17
are scheduled for repeal on September 1, 2022:18
(IX) The domestic violence offender management board created
19
in section 16-11.8-103;20
(34) (a) The following agencies, functions, or both, are scheduled21
for repeal on September 1, 2033:22
(II) T
HE DOMESTIC VIOLENCE OFFENDER MANAGEMENT BOARD23
CREATED IN SECTION 16-11.8-103;24
SECTION 3. Act subject to petition - effective date. This act25
takes effect at 12:01 a.m. on the day following the expiration of the26
ninety-day period after final adjournment of the general assembly; except27
HB22-1210
-4- that, if a referendum petition is filed pursuant to section 1 (3) of article V1
of the state constitution against this act or an item, section, or part of this2
act within such period, then the act, item, section, or part will not take3
effect unless approved by the people at the general election to be held in4
November 2022 and, in such case, will take effect on the date of the5
official declaration of the vote thereon by the governor.6
HB22-1210
-5-