HOUSE BILL 22-1210
BY REPRESENTATIVE(S) 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;
also SENATOR(S) Winter, Buckner, Donovan, Fields, Ginal, Gonzales,
Hansen, Jaquez Lewis, Kolker, Lee, Moreno, Pettersen, Rodriguez, Story,
Zenzinger.
C
ONCERNING THE CONTINUATION OF THE DOMESTIC VIOLENCE OFFENDER
MANAGEMENT BOARD
, AND, IN CONNECTION THEREWITH ,
IMPLEMENTING THE RECOMMENDATIONS CONTAINED IN THE 2021
SUNSET REPORT BY THE DEPARTMENT OF REGULATORY AGENCIES
AND MAKING AN APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 16-11.8-103, amend
(4)(a) introductory portion, (4)(a)(III) introductory portion, (4)(a)(III)(A),
(4)(a)(III)(D), (4)(a)(IV), and (7)(a); and add (4)(a)(III.3) and (5.5) as
follows:
16-11.8-103. Domestic violence offender management board -
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. creation - duties - repeal. (4) (a) The board shall carry out HAS the
following duties:
(III) Develop an application and review process for treatment
providers who provide services to domestic violence offenders pursuant to
subsection (4)(a)(I) or (4)(a)(II) of this section. The standards must allow
providers to demonstrate that they are in compliance with the standards
adopted pursuant to subsections (4)(a)(I) and (4)(a)(II) of this section. The
application and review process must consist
CONSISTS of the following three
parts:
(A) The board shall develop separate application and review
processes for standards that apply to the criminal justice component, such
as criminal history record checks, for individual treatment providers and
treatment programs. Applications for the criminal justice components,
including fingerprints, must be submitted to the board. The board shall
forward the fingerprints to the Colorado bureau of investigation for use in
conducting a state criminal history record check and for transmittal to the
federal bureau of investigation for a national criminal history record check.
The information obtained from the state and national criminal history record
check may be used by the board to determine an applicant's eligibility for
placement on the approved provider list. The board is responsible for the
implementation of this subsection (4)(a)(III)(A) of the application and
review process. A LOCAL LAW ENFORCEMENT AGENCY OR A THIRD PARTY
APPROVED BY THE
COLORADO BUREAU OF INVESTIGATION , FOR THE PURPOSE
OF OBTAINING A FINGERPRINT
-BASED CRIMINAL HISTORY RECORD CHECK ,
SHALL TAKE THE FINGERPRINTS OF EACH APPLICANT . IF AN APPROVED THIRD
PARTY TAKES THE APPLICANT
'S FINGERPRINTS, THE FINGERPRINTS MAY BE
ELECTRONICALLY CAPTURED USING
COLORADO BUREAU OF
INVESTIGATION
-APPROVED LIVESCAN EQUIPMENT . THE APPLICANT SHALL
SUBMIT PAYMENT FOR THE FINGERPRINTS AND FOR THE ACTUAL COSTS OF
THE RECORD CHECK AT THE TIME THE FINGERPRINTS ARE SUBMITTED TO THE
COLORADO BUREAU OF INVESTIGATION . UPON RECEIPT OF FINGERPRINTS
AND PAYMENT FOR COSTS
, THE COLORADO BUREAU OF INVESTIGATION
SHALL CONDUCT A STATE AND NATIONAL FINGERPRINT
-BASED CRIMINAL
HISTORY RECORD CHECK UTILIZING RECORDS OF THE
COLORADO BUREAU OF
INVESTIGATION AND THE FEDERAL BUREAU OF INVESTIGATION AND SHALL
FORWARD THE RESULTS OF THE CRIMINAL HISTORY RECORD CHECK TO THE
BOARD
.
PAGE 2-HOUSE BILL 22-1210 (D) Notwithstanding any action taken by the department of
regulatory agencies against a treatment provider, the board may take action
against a treatment provider including, but not limited to, removing a
treatment provider from the approved provider list. The board may
determine the requirements for a treatment provider's name to be placed on
the list after his or her name has been removed from the list pursuant to this
subsection (4)(a)(III). THE BOARD SHALL PERFORM COMPLIANCE REVIEWS
ON AT LEAST TEN PERCENT OF THE TREATMENT PROVIDERS EVERY TWO
YEARS BEGINNING NO LATER THAN
JULY 1, 2023.
(III.3) N
OTWITHSTANDING ANY ACTION TAKEN BY THE DEPARTMENT
OF REGULATORY AGENCIES AGAINST A TREATMENT PROVIDER
, THE BOARD
MAY TAKE INDEPENDENT ACTION AGAINST A TREATMENT PROVIDER
INCLUDING
, BUT NOT LIMITED TO, REMOVING A TREATMENT PROVIDER FROM
THE APPROVED PROVIDER LIST
. THE BOARD MAY DETERMINE THE
REQUIREMENTS FOR A TREATMENT PROVIDER
'S NAME TO BE PLACED ON THE
LIST AFTER THE NAME HAS BEEN REMOVED FROM THE LIST PURSUANT TO
THIS SUBSECTION
(4)(a)(III.3).
(IV) Research and analyze the effectiveness of the treatment
evaluation and treatment procedures and programs developed pursuant to
this article
ARTICLE 11.8. THE BOARD SHALL DEVELOP A DATA COLLECTION
PLAN AND REQUIRE APPROVED PROVIDERS TO BEGIN DATA COLLECTION
PURSUANT TO THE PLAN ADOPTED BY THE BOARD NO LATER THAN
JANUARY
1, 2023. The board shall also develop and prescribe a system for
implementation of the guidelines and standards developed pursuant to
subparagraphs (I) and (II) of this paragraph (a)
SUBSECTIONS (4)(a)(I) AND
(4)(a)(II) OF THIS SECTION and for tracking offenders who have been
evaluated and treated pursuant to this article ARTICLE 11.8. In addition, the
board shall develop a system for monitoring offender behaviors and
offender adherence to prescribed behavioral changes. The results of such
tracking and behavioral monitoring shall be a part of any analysis made
pursuant to this subparagraph (IV)
SUBSECTION (4)(a)(IV).
(5.5) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), ON OR
BEFORE
JANUARY 31, 2023, AND ON OR BEFORE EACH JANUARY 31
THEREAFTER, THE BOARD SHALL PREPARE AND PRESENT A WRITTEN REPORT
TO THE HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE AND THE
SENATE JUDICIARY COMMITTEE
, OR THEIR SUCCESSOR COMMITTEES . THE
REPORT MUST INCLUDE
:
PAGE 3-HOUSE BILL 22-1210 (a) THE NUMBER OF PEOPLE WHO RECEIVED DOMESTIC VIOLENCE
OFFENDER TREATMENT IN THE PRECEDING YEAR
, THE NUMBER OF THOSE
WHO SUCCESSFULLY COMPLETED THE TREATMENT
, THE NUMBER OF THOSE
WHO DID NOT COMPLETE THE TREATMENT
, AND THE NUMBER OF THOSE WHO
REOFFENDED AND WERE REMOVED FROM TREATMENT
;
(b) T
HE NUMBER OF TREATMENT PROVIDERS WHO PROVIDED
DOMESTIC VIOLENCE OFFENDER TREATMENT IN THE PRECEDING YEAR
;
(c) T
HE NUMBER OF TREATMENT PROVIDERS WHO APPLIED TO BE
PLACED ON THE LIST OF APPROVED TREATMENT PROVIDERS PURSUANT TO
SUBSECTION
(4)(a)(III)(C) OF THIS SECTION AND THE NUMBER OF
TREATMENT PROVIDERS PLACED ON THE LIST
;
(d) T
HE BEST PRACTICES FOR THE TREATMENT AND MANAGEMENT OF
DOMESTIC VIOLENCE
; AND
(e) ANY OTHER RELEVANT INFORMATION , INCLUDING ANY BOARD
RECOMMENDATIONS FOR LEGISLATION TO CARRY OUT THE PURPOSE AND
DUTIES OF THE BOARD TO PROTECT THE COMMUNITY
.
(7) (a) This section is repealed, effective September 1, 2022
SEPTEMBER 1, 2027.
SECTION 2. In Colorado Revised Statutes, 24-34-104, repeal
(23)(a)(IX); and add (28)(a)(VIII) as follows:
24-34-104. General assembly review of regulatory agencies and
functions for repeal, continuation, or reestablishment - legislative
declaration - repeal. (23) (a) The following agencies, functions, or both,
are scheduled for repeal on September 1, 2022:
(IX) The domestic violence offender management board created in
section 16-11.8-103;
(28) (a) The following agencies, functions, or both, are scheduled
for repeal on September 1, 2027:
(VIII) T
HE DOMESTIC VIOLENCE OFFENDER MANAGEMENT BOARD
CREATED IN SECTION
16-11.8-103.
PAGE 4-HOUSE BILL 22-1210 SECTION 3. Appropriation. For the 2022-23 state fiscal year,
$70,232 is appropriated to the department of public safety for use by the
division of criminal justice. This appropriation is from the general fund and
is based on an assumption that the division will require an additional 1.0
FTE. To implement this act, the division may use this appropriation for DCJ
administrative services.
SECTION 4. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 5-HOUSE BILL 22-1210 November 2022 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 6-HOUSE BILL 22-1210