Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 22-0326.01 Michael Dohr x4347
HOUSE BILL 22-1210
House Committees Senate Committees
Judiciary
Appropriations
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 AND MAKING AN APPROPRIATION .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
3rd Reading Unamended
April 11, 2022
HOUSE
Amended 2nd Reading
April 8, 2022
HOUSE SPONSORSHIP
Benavidez and Duran, Bacon, Bernett, Boesenecker, Cutter, Esgar, Exum, Froelich, Gray,
Herod, Jodeh, Kennedy, Kipp, Lindsay, Lontine, McCluskie, Michaelson Jenet, Mullica,
Ricks, Roberts, Sullivan, Titone, Valdez A., Weissman, Young
SENATE SPONSORSHIP
Winter,
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),
(4)(a)(IV), and (7)(a); and add (4)(a)(III.3) and (5.5) as4
follows:5
16-11.8-103. Domestic violence offender management board6
- creation - duties - repeal. (4) (a) The board shall carry out HAS the7
following duties:8
(III) Develop an application and review process for treatment9
providers who provide services to domestic violence offenders pursuant10
to subsection (4)(a)(I) or (4)(a)(II) of this section. The standards must11
allow providers to demonstrate that they are in compliance with the12
standards adopted pursuant to subsections (4)(a)(I) and (4)(a)(II) of this13
section. The application and review process must consist CONSISTS of the14
following three parts:15
(A) The board shall develop separate application and review16
processes for standards that apply to the criminal justice component, such17
as criminal history record checks, for individual treatment providers and18
treatment programs. Applications for the criminal justice components,19
including fingerprints, must be submitted to the board. The board shall20
forward the fingerprints to the Colorado bureau of investigation for use21
in conducting a state criminal history record check and for transmittal to22
1210-2- the federal bureau of investigation for a national criminal history record1
check. The information obtained from the state and national criminal2
history record check may be used by the board to determine an applicant's3
eligibility for placement on the approved provider list. The board is4
responsible for the implementation of this subsection (4)(a)(III)(A) of the5
application and review process. A LOCAL LAW ENFORCEMENT AGENCY OR6
A THIRD PARTY APPROVED BY THE COLORADO BUREAU OF INVESTIGATION ,7
FOR THE PURPOSE OF OBTAINING A FINGERPRINT-BASED CRIMINAL HISTORY8
RECORD CHECK, SHALL TAKE THE FINGERPRINTS OF EACH APPLICANT . IF9
AN APPROVED THIRD PARTY TAKES THE APPLICANT 'S FINGERPRINTS, THE10
FINGERPRINTS MAY BE ELECTRONICALLY CAPTURED USING COLORADO11
BUREAU OF INVESTIGATION -APPROVED LIVESCAN EQUIPMENT . THE12
APPLICANT SHALL SUBMIT PAYMENT FOR THE FINGERPRINTS AND FOR THE13
ACTUAL COSTS OF THE RECORD CHECK AT THE TIME THE FINGERPRINTS14
ARE SUBMITTED TO THE COLORADO BUREAU OF INVESTIGATION . UPON15
RECEIPT OF FINGERPRINTS AND PAYMENT FOR COSTS , THE COLORADO16
BUREAU OF INVESTIGATION SHALL CONDUCT A STATE AND NATI ONAL17
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK UTILIZING18
RECORDS OF THE COLORADO BUREAU OF INVESTIGATION AND THE19
FEDERAL BUREAU OF INVESTIGATION AND SHALL FORWARD THE RESULTS20
OF THE CRIMINAL HISTORY RECORD CHECK TO THE BOARD .21
(D) Notwithstanding any action taken by the department of22
regulatory agencies against a treatment provider, the board may take23
action against a treatment provider including, but not limited to, removing24
a treatment provider from the approved provider list. The board may25
determine the requirements for a treatment provider's name to be placed26
on the list after his or her name has been removed from the list pursuant27
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-3- to this subsection (4)(a)(III). THE BOARD SHALL PERFORM COMPLIANCE1
REVIEWS ON AT LEAST TEN PERCENT OF THE TREATMENT PROVIDERS2
EVERY TWO YEARS BEGINNING NO LATER THAN JULY 1, 2023.3
(III.3) N
OTWITHSTANDING ANY ACTION TAKEN BY THE4
DEPARTMENT OF REGULATORY AGENCIES AGAINST A TREATMENT5
PROVIDER, THE BOARD MAY TAKE INDEPENDENT ACTION AGAINST A6
TREATMENT PROVIDER INCLUDING , BUT NOT LIMITED TO, REMOVING A7
TREATMENT PROVIDER FROM THE APPROVED PROVIDER LIST . THE BOARD8
MAY DETERMINE THE REQUIREMENTS FOR A TREATMENT PROVIDER 'S NAME9
TO BE PLACED ON THE LIST AFTER THE NAME HAS BEEN REMOVED FROM10
THE LIST PURSUANT TO THIS SUBSECTION (4)(a)(III.3).11 (IV) Research and analyze the effectiveness of the treatment12
evaluation and treatment procedures and programs developed pursuant to13
this article ARTICLE 11.8. THE BOARD SHALL DEVELOP A DATA14
COLLECTION PLAN AND REQUIRE APPROVED PROVIDERS TO BEGIN DATA15
COLLECTION PURSUANT TO THE PLAN ADOPTED BY THE BOARD NO LATER16
JANUARY 1, 2023. The board shall also develop and prescribe a system for17
implementation of the guidelines and standards developed pursuant to18
subparagraphs (I) and (II) of this paragraph (a) SUBSECTIONS (4)(a)(I)19
AND (4)(a)(II) OF THIS SECTION and for tracking offenders who have been20
evaluated and treated pursuant to this article ARTICLE 11.8. In addition,21
the board shall develop a system for monitoring offender behaviors and22
offender adherence to prescribed behavioral changes. The results of such23
tracking and behavioral monitoring shall be a part of any analysis made24
pursuant to this subparagraph (IV) SUBSECTION (4)(a)(IV).25
(5.5) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), ON OR26
BEFORE JANUARY 31, 2023, AND ON OR BEFORE EACH JANUARY 3127
1210
-4- THEREAFTER, THE BOARD SHALL PREPARE AND PRESENT A WRITTEN1
REPORT TO THE HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE AND2
THE SENATE JUDICIARY COMMITTEE , OR THEIR SUCCESSOR COMMITTEES.3
THE REPORT MUST INCLUDE:4
(a) THE NUMBER OF PEOPLE WHO RECEIVED DOMESTIC VIOLENCE5
OFFENDER TREATMENT IN THE PRECEDING YEAR, THE NUMBER OF THOSE6
WHO SUCCESSFULLY COMPLETED THE TREATMENT , THE NUMBER OF THOSE7
WHO DID NOT COMPLETE THE TREATMENT , AND THE NUMBER OF THOSE8
WHO REOFFENDED AND WERE REMOVED FROM TREATMENT ;9
(b) THE NUMBER OF TREATMENT PROVIDERS WHO PROVIDED10
DOMESTIC VIOLENCE OFFENDER TREATMENT IN THE PRECEDING YEAR ;11
(c) THE NUMBER OF TREATMENT PROVIDERS WHO APPLIED TO BE12
PLACED ON THE LIST OF APPROVED TREATMENT PROVIDERS PURSUANT TO13
SUBSECTION (4)(a)(III)(C) OF THIS SECTION AND THE NUMBER OF14
TREATMENT PROVIDERS PLACED ON THE LIST ; 15
(d) THE BEST PRACTICES FOR THE TREATMENT AND MANAGEMENT16
OF DOMESTIC VIOLENCE; AND17
(e) ANY OTHER RELEVANT INFORMATION, INCLUDING ANY BOARD18
RECOMMENDATIONS FOR LEGISLATION TO CARRY OUT THE PURPOSE AND19
DUTIES OF THE BOARD TO PROTECT THE COMMUNITY .20
(7) (a) This section is repealed, effective September 1, 202221
SEPTEMBER 1, 2027.22
SECTION 2. In Colorado Revised Statutes, 24-34-104, repeal23
(23)(a)(IX); and add (28)(a)(VII) as follows:24
24-34-104. General assembly review of regulatory agencies25
and functions for repeal, continuation, or reestablishment - legislative26
declaration - repeal. (23) (a) The following agencies, functions, or both,27
1210
-5- are scheduled for repeal on September 1, 2022:1
(IX) The domestic violence offender management board created2
in section 16-11.8-103;3
(28) (a) The following agencies, functions, or both, are scheduled4
for repeal on September 1, 2027:5
(VII) THE DOMESTIC VIOLENCE OFFENDER MANAGEMENT BOARD6
CREATED IN SECTION 16-11.8-103.7
SECTION 3. Appropriation. For the 2022-23 state fiscal year,8
$70,232 is appropriated to the department of public safety for use by the9
division of criminal justice. This appropriation is from the general fund10
and is based on an assumption that the division will require an additional11
1.0 FTE. To implement this act, the division may use this appropriation12
for DCJ administrative services.13
SECTION 4. Act subject to petition - effective date. This act14
takes effect at 12:01 a.m. on the day following the expiration of the15
ninety-day period after final adjournment of the general assembly; except16
that, if a referendum petition is filed pursuant to section 1 (3) of article V17
of the state constitution against this act or an item, section, or part of this18
act within such period, then the act, item, section, or part will not take19
effect unless approved by the people at the general election to be held in20
November 2022 and, in such case, will take effect on the date of the21
official declaration of the vote thereon by the governor.22
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