Colorado 2022 Regular Session

Colorado House Bill HB1257 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 22-0885.01 Michael Dohr x4347
1	8		HOUSE BILL 22-1257
2		-	BY REPRESENTATIVE(S) Weissman and Soper, Gray, Jodeh, Lindsay,
3		-	Michaelson Jenet, Ricks, Snyder, Garnett, Benavidez;
4		-	also SENATOR(S) Gonzales and Gardner, Lee, Moreno.
	9	+	House Committees Senate Committees
	10	+	State, Civic, Military, & Veterans Affairs Judiciary
	11	+	Judiciary Appropriations
	12	+	Appropriations
	13	+	A BILL FOR AN ACT
5	14		C
6		-	ONCERNING THE ADOPTION OF 2022 RECOMMENDATIONS OF THE
7		-	COLORADO CRIMINAL JUVENILE JUSTICE COMMISSION REGARDING
8		-	SENTENCING PROVISIONS FOR OFFENSES
9		-	, AND, IN CONNECTION
10		-	THEREWITH
11		-	, MAKING AN APPROPRIATION.
12		-	Be it enacted by the General Assembly of the State of Colorado:
13		-	SECTION 1. In Colorado Revised Statutes, 12-20-407, add (1)(e)
14		-	as follows:
15		-	12-20-407. Unauthorized practice of profession or occupation -
16		-	penalties - exclusions. (1) (e)
17		-	A PERSON COMMITS A CLASS 6 FELONY AND
18		-	SHALL BE PUNISHED AS PROVIDED IN SECTION
19		-	18-1.3-401 IF THE PERSON
20		-	PRACTICES OR OFFERS OR ATTEMPTS TO PRACTICE ANY OF THE FOLLOWING
21		-	PROFESSIONS OR OCCUPATIONS AND INTENTIONALLY AND FRAUDULENTLY
22		-	REPRESENTS ONESELF AS A LICENSED
23		-	, CERTIFIED, OR REGISTERED
24		-	PROFESSIONAL OR PRACTITIONER ISSUED PURSUANT TO A PART OR ARTICLE
25		-	OF THIS TITLE
26		-	12 GOVERNING THE PARTICULAR PROFESSION OR OCCUPATION :
27		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
28		-	officers and the Governor. To determine whether the Governor has signed the bill
29		-	or taken other action on it, please consult the legislative status sheet, the legislative
30		-	history, or the Session Laws.
31		-	________
32		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
33		-	through words or numbers indicate deletions from existing law and such material is not part of
34		-	the act.
35		-	(I) P
36		-	ROFESSIONAL ENGINEERING , AS REGULATED PURSUANT TO
37		-	ARTICLE
38		-	120 OF THIS TITLE 12;
39		-	(II) A
40		-	RCHITECTURE, AS REGULATED PURSUANT TO ARTICLE 120 OF
41		-	THIS TITLE
42		-	12;
43		-	(III) A
44		-	UDIOLOGY, AS REGULATED PURSUANT TO ARTICLE 210 OF THIS
45		-	TITLE
46		-	12;
47		-	(IV) D
48		-	ENTISTRY, AS REGULATED PURSUANT TO ARTICLE 220 OF THIS
49		-	TITLE
50		-	12;
51		-	(V) D
52		-	IRECT-ENTRY MIDWIFERY, AS REGULATED PURSUANT TO
53		-	ARTICLE
54		-	225 OF THIS TITLE 12;
55		-	(VI) M
56		-	EDICINE, PRACTICE AS A PHYSICIAN ASSISTANT, OR PRACTICE
57		-	AS AN ANESTHESIOLOGIST ASSISTANT
58		-	, AS REGULATED PURSUANT TO ARTICLE
59		-	240 OF THIS TITLE 12;
60		-	(VII) P
61		-	ROFESSIONAL NURSING, AS REGULATED PURSUANT TO
62		-	ARTICLE
63		-	255 OF THIS TITLE 12;
64		-	(VIII) N
65		-	URSING HOME ADMINISTRATION , AS REGULATED PURSUANT
66		-	TO ARTICLE
67		-	265 OF THIS TITLE 12;
68		-	(IX) O
69		-	PTOMETRY, AS REGULATED PURSUANT TO ARTICLE 275 OF THIS
70		-	TITLE
71		-	12;
72		-	(X) P
73		-	HARMACY OR AS A PHARMACY TECHNICIAN , AS REGULATED
74		-	PURSUANT TO ARTICLE
75		-	280 OF THIS TITLE 12; OR
76		-	(XI) RESPIRATORY THERAPY, AS REGULATED PURSUANT TO ARTICLE
77		-	300 OF THIS TITLE 12.
78		-	SECTION 2. In Colorado Revised Statutes, add 16-11-201.5 as
79		-	follows:
80		-	PAGE 2-HOUSE BILL 22-1257 16-11-201.5. Purposes of probation. (1) T HE PURPOSES OF THIS
81		-	ARTICLE
82		-	11 WITH RESPECT TO PROBATION ARE:
	15	+	ONCERNING THE ADOPTION OF 2022 RECOMMENDATIONS OF THE101
	16	+	C
	17	+	OLORADO CRIMINAL JUVENI LE JUSTICE COMMISSION102
	18	+	REGARDING SENTENCING PROVISIONS FOR
	19	+	OFFENSES, AND, IN103
	20	+	CONNECTION THEREWITH , MAKING AN APPROPRIATION .104
	21	+	Bill Summary
	22	+	(Note: This summary applies to this bill as introduced and does
	23	+	not reflect any amendments that may be subsequently adopted. If this bill
	24	+	passes third reading in the house of introduction, a bill summary that
	25	+	applies to the reengrossed version of this bill will be available at
	26	+	http://leg.colorado.gov
	27	+	.)
	28	+	Pursuant to law that will take effect March 1, 2022, it is a class 2
	29	+	misdemeanor to practice the following professions without an active
	30	+	license, registration, or certification: Professional engineering,
	31	+	SENATE
	32	+	3rd Reading Unamended
	33	+	March 21, 2022
	34	+	SENATE
	35	+	Amended 2nd Reading
	36	+	March 18, 2022
	37	+	HOUSE
	38	+	3rd Reading Unamended
	39	+	March 4, 2022
	40	+	HOUSE
	41	+	Amended 2nd Reading
	42	+	March 3, 2022
	43	+	HOUSE SPONSORSHIP
	44	+	Weissman and Soper, Garnett, Gray, Jodeh, Lindsay, Michaelson Jenet, Ricks, Snyder
	45	+	SENATE SPONSORSHIP
	46	+	Gonzales and Gardner, Lee, Moreno
	47	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	48	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	49	+	Dashes through the words indicate deletions from existing statute. architecture, audiology, dentistry, direct-entry midwifery, medicine,
	50	+	physician assistant, anesthesiologist assistant, professional nursing,
	51	+	nursing home administration, optometry, pharmacy, pharmacy technician,
	52	+	and respiratory therapy. The bill makes practicing those professions
	53	+	intentionally without a license, registration, or certification a class 6
	54	+	felony.
	55	+	The bill states the purposes of probation are:
	56	+	! To serve as a sentencing option and a response to crime in
	57	+	order to moderate and deter future criminal behavior and
	58	+	victimization;
	59	+	! To support persons in behavior change through the
	60	+	coordination and provision of effective and individualized
	61	+	services which may include, but are not limited to,
	62	+	educational, therapeutic, restorative, and skill-building
	63	+	services;
	64	+	! To hold persons accountable for their behavior through
	65	+	supervision and interventions that promote reparation of
	66	+	harm to the community and victims, which reparation
	67	+	includes, but is not limited to, restitution to victims;
	68	+	! To serve as a cost-effective option for persons appropriate
	69	+	for community supervision; and
	70	+	! To honor the statutory and constitutional rights of victims
	71	+	of crime.
	72	+	The bill requires a probation officer to issue a summons when a
	73	+	probationer has allegedly violated a condition of probation or the officer
	74	+	is seeking probation revocation, with some exceptions.
	75	+	The bill requires the state court administrator to develop a system
	76	+	of structured and individualized behavior responses to guide probation
	77	+	officers in determining how best to respond to probation violations.
	78	+	Under current law, when a parolee has a technical violation of
	79	+	parole, a brief period of confinement in a county jail may be imposed as
	80	+	a sanction. The bill allows that confinement to also be served in a
	81	+	department of corrections facility.
	82	+	The bill specifies that for a theft that involves public benefits, the
	83	+	value of the benefits involved for purposes of determining the level of the
	84	+	offense is calculated by the difference between the value of the benefits
	85	+	received and the value of benefits the recipient applied for and was
	86	+	lawfully eligible for.
	87	+	Under current law, it is illegal for someone to possess a firearm if
	88	+	the person was convicted of or adjudicated for a victim's right act crime
	89	+	that is a felony. The bill adds more felony offenses to the convictions that
	90	+	prohibit a person from possessing a firearm.
	91	+	Under current law, it is illegal for someone to possess a firearm if
	92	+	the person was previously adjudicated for a victim's right act crime that
	93	+	is a felony offense. The bill allows a person in that situation who has
	94	+	1257
	95	+	-2- good cause for possessing a firearm to petition the court for an order
	96	+	determining that the crime does not apply to the person.
	97	+	Be it enacted by the General Assembly of the State of Colorado:1
	98	+	SECTION 1. In Colorado Revised Statutes, 12-20-407, add2
	99	+	(1)(e) as follows:3
	100	+	12-20-407. Unauthorized practice of profession or occupation4
	101	+	- penalties - exclusions. (1) (e) A PERSON COMMITS A CLASS 6 FELONY5
	102	+	AND SHALL BE PUNISHED AS PROVIDED IN SECTION 18-1.3-401 IF THE6
	103	+	PERSON PRACTICES OR OFFERS OR ATTEMPTS TO PRACTICE ANY OF THE7
	104	+	FOLLOWING PROFESSIONS OR OCCUPATIONS AND INTENTIONALLY AND8
	105	+	FRAUDULENTLY REPRESENTS ONESELF AS A LICENSED, CERTIFIED, OR9
	106	+	REGISTERED PROFESSIONAL OR PRACTITIONER ISSUED PURSUANT TO A10
	107	+	PART OR ARTICLE OF THIS TITLE 12 GOVERNING THE PARTICULAR11
	108	+	PROFESSION OR OCCUPATION:12
	109	+	13
	110	+	(I) PROFESSIONAL ENGINEERING, AS REGULATED PURSUANT TO14
	111	+	ARTICLE 120 OF THIS TITLE 12;15
	112	+	(II) ARCHITECTURE, AS REGULATED PURSUANT TO ARTICLE 120 OF16
	113	+	THIS TITLE 12;17
	114	+	(III) AUDIOLOGY, AS REGULATED PURSUANT TO ARTICLE 210 OF18
	115	+	THIS TITLE 12;19
	116	+	(IV) DENTISTRY, AS REGULATED PURSUANT TO ARTICLE 220 OF20
	117	+	THIS TITLE 12;21
	118	+	(V) DIRECT-ENTRY MIDWIFERY, AS REGULATED PURSUANT TO22
	119	+	ARTICLE 225 OF THIS TITLE 12;23
	120	+	(VI) MEDICINE, PRACTICE AS A PHYSICIAN ASSISTANT , OR24
	121	+	PRACTICE AS AN ANESTHESIOLOGIST ASSISTANT, AS REGULATED PURSUANT25
	122	+	1257-3- TO ARTICLE 240 OF THIS TITLE 12;1
	123	+	(VII) PROFESSIONAL NURSING, AS REGULATED PURSUANT TO2
	124	+	ARTICLE 255 OF THIS TITLE 12;3
	125	+	(VIII) NURSING HOME ADMINISTRATION , AS REGULATED4
	126	+	PURSUANT TO ARTICLE 265 OF THIS TITLE 12;5
	127	+	(IX) OPTOMETRY, AS REGULATED PURSUANT TO ARTICLE 275 OF6
	128	+	THIS TITLE 12;7
	129	+	(X) PHARMACY OR AS A PHARMACY TECHNICIAN , AS REGULATED8
	130	+	PURSUANT TO ARTICLE 280 OF THIS TITLE 12; OR9
	131	+	(XI) RESPIRATORY THERAPY, AS REGULATED PURSUANT TO10
	132	+	ARTICLE 300 OF THIS TITLE 12.11
	133	+	SECTION 2. In Colorado Revised Statutes, add 16-11-201.5 as12
	134	+	follows:13
	135	+	16-11-201.5. Purposes of probation. (1) T
	136	+	HE PURPOSES OF THIS14
	137	+	ARTICLE 11 WITH RESPECT TO PROBATION ARE:15
83	138		(a) T
84		-	O SERVE AS A SENTENCING OPTION AND A RESPONSE TO CRIME
85		-	IN ORDER TO MODERATE AND DETER FUTURE CRIMINAL BEHAVIOR AND
86		-	VICTIMIZATION
87		-	;
	139	+	O SERVE AS A SENTENCING OPTION AND A RESPONSE TO CRIME16
	140	+	IN ORDER TO MODERATE AND DETER FUTURE CRIMINAL BEHAVIOR AND17
	141	+	VICTIMIZATION;18
88	142		(b) T
89		-	O SUPPORT PERSONS IN BEHAVIOR CHANGE THROUGH THE
90		-	COORDINATION AND PROVISION OF EFFECTIVE AND INDIVIDUALIZED
91		-	SERVICES THAT MAY INCLUDE
92		-	, BUT ARE NOT LIMITED TO, EDUCATIONAL,
93		-	THERAPEUTIC, RESTORATIVE, AND SKILL-BUILDING SERVICES;
	143	+	O SUPPORT PERSONS IN BEHAVIOR CHANGE THROUGH THE19
	144	+	COORDINATION AND PROVISION OF EFFECTIVE AND INDIVIDUALIZED20
	145	+	SERVICES THAT MAY INCLUDE, BUT ARE NOT LIMITED TO, EDUCATIONAL,21
	146	+	THERAPEUTIC, RESTORATIVE, AND SKILL-BUILDING SERVICES;22
94	147		(c) T
95		-	O HOLD PERSONS ACCOUNTABLE FOR THEIR BE HAVIOR THROUGH
96		-	SUPERVISION AND INTERVENTIONS THAT PROMOTE REPARATION OF HARM TO
97		-	THE COMMUNITY AND VICTIMS
98		-	, WHICH REPARATION INCLUDES, BUT IS NOT
99		-	LIMITED TO
100		-	, RESTITUTION TO VICTIMS;
	148	+	O HOLD PERSONS ACCOUNTABLE FOR THEIR BEHAVIOR23
	149	+	THROUGH SUPERVISION AND INTERVENTIONS THAT PROMOTE REPARATION24
	150	+	OF HARM TO THE COMMUNITY AND VICTIMS , WHICH REPARATION25
	151	+	INCLUDES, BUT IS NOT LIMITED TO, RESTITUTION TO VICTIMS;26
101	152		(d) T
102		-	O SERVE AS A COST -EFFECTIVE OPTION FOR ~~PERSONS~~
103		-	~~APPROPRIATE FOR COMMUNITY SUPERVISION~~
104		-	; ~~AND~~
105		-	(e) ~~TO HONOR THE STATUTORY AND CONSTITUTIONAL RIGHTS OF~~
106		-	~~VICTIMS OF CRIME~~
107		-	.
108		-	SECTION 3. In Colorado Revised Statutes, 16-11-205, ~~amend (1),~~
109		-	(2), and (5); and add (6.5) as follows:
110		-	16-11-205. Arrest of probationer - revocation. (1) A ~~probation~~
111		-	officer may arrest any probationer when:
	153	+	O SERVE AS A COST -EFFECTIVE OPTION FOR PERSONS27
	154	+	1257
	155	+	-4- APPROPRIATE FOR COMMUNITY SUPERVISION ; AND1
	156	+	(e) T
	157	+	O HONOR THE STATUTORY AND CONSTITUTIONAL RIGHTS OF2
	158	+	VICTIMS OF CRIME.3
	159	+	SECTION 3. In Colorado Revised Statutes, 16-11-205, amend4
	160	+	(1), (2), and (5); and add (6.5) as follows:5
	161	+	16-11-205. Arrest of probationer - revocation. (1) A probation6
	162	+	officer may arrest any probationer when:7
112	163		(a) He
113		-	THE OFFICER has a warrant commanding that the probationer
114		-	be arrested; or
115		-	(b) He THE OFFICER has probable cause to believe that a warrant for
116		-	the probationer's arrest has been issued in this state or another state for any
117		-	criminal offense or for violation of the conditions of probation; or
118		-	(c) Any offense under
119		-	PURSUANT TO the laws of this state THAT IS
120		-	STATUTORILY ELIGIBLE FOR ARREST
121		-	has been or is being committed by the
122		-	probationer in his presence; or
123		-	PAGE 3-HOUSE BILL 22-1257 (d) He has probable cause to believe that a crime has been
124		-	committed and the probationer has committed such crime; or
125		-	(e) He THE OFFICER has probable cause to believe that the conditions
126		-	of probation have been violated and probable cause to believe that the
127		-	probationer is leaving or about to leave the state, or that the probationer will
128		-	fail or refuse to appear before the court to answer charges of violation of the
129		-	conditions of probation, or that the arrest of the probationer is necessary to
130		-	prevent physical harm to the probationer
131		-	PROTECT THE SAFETY OF THE
132		-	COMMUNITY
133		-	or another person or PREVENT the commission of a crime. or
134		-	(f) The probationer, who is on probation as a result of a conviction
135		-	of any felony except a class 1 felony, has been tested for the illegal or
136		-	unauthorized use of a controlled substance and the result of such test is
137		-	positive.
138		-	(2) If a probation officer has reason to believe that the conditions of
139		-	probation have been violated by any probationer, he may UNLESS ANY
140		-	CIRCUMSTANCES AS PROVIDED IN SUBSECTION
141		-	(1) OR (6.5) OF THIS SECTION
142		-	EXIST
143		-	, WHEN A PROBATION OFFICER HAS REASON TO BELIEVE THAT THE
144		-	PROBATIONER VIOLATED CONDITIONS OF PROBATION AND THAT A PETITION
145		-	FOR REVOCATION IS NECESSARY AND APPROPRIATE SUBJECT TO SECTION
146		-	16-11-215, THE PROBATION OFFICER SHALL issue a summons requiring the
147		-	probationer to appear before the court at a specified time and place to
148		-	answer charges of violation of the conditions of probation. The summons,
149		-	unless accompanied by a copy of a complaint, shall contain a brief
150		-	statement of the violation and the date and place thereof. Failure of the
151		-	probationer to appear before the court as required by the summons shall be
152		-	deemed a violation of the conditions of probation.
153		-	(5) A complaint alleging the violation of a condition of probation
154		-	may be filed either by the probation officer pursuant to subsection (4) of
155		-	this section or by the district attorney. Such complaint shall
156		-	MUST contain
157		-	the name of the probationer, shall MUST identify the violation charged and
158		-	the condition of probation alleged to have been violated, including the date
159		-	and approximate location thereof,
160		-	MUST INCLUDE A SUMMARY OF THE
161		-	VIOLATION BEHAVIOR HISTORY AND ANY BEHAVIORAL RESPONSES APPLIED
162		-	CONSISTENT WITH THE STRUCTURED AND INDIVIDUALIZED BEHAVIORAL
163		-	RESPONSES DEVELOPED PURSUANT TO SECTION
164		-	16-11-215 and shall
165		-	MUST
166		-	be signed by the probation officer or the district attorney. A copy thereof
167		-	PAGE 4-HOUSE BILL 22-1257 shall MUST be given to the probationer a reasonable length of time before
168		-	he THE PROBATIONER appears before the court.
169		-	(6.5) U
170		-	NLESS THERE IS REASON TO BELIEVE THAT A PROBATIONER
171		-	WOULD NOT APPEAR
172		-	, WOULD INTERFERE WITH THE CRIMINAL JUSTICE
173		-	PROCESS
174		-	, OR POSES SUBSTANTIAL RISK OF SERIOUS HARM TO OTHERS , A
175		-	PROBATION OFFICER SHALL ISSUE A SUMMONS RATHER THAN REQUEST A
176		-	WARRANT WHEN FILING A PETITION FOR REVOCATION
177		-	.
178		-	SECTION 4. In Colorado Revised Statutes, 16-11-209, repeal (2)
179		-	and (3) as follows:
180		-	16-11-209. Duties of probation officers. (2) Any probationer, on
181		-	probation as a result of a conviction, who is under the supervision of a
182		-	probation officer pursuant to this part 2 and who is initially tested for the
183		-	illegal or unauthorized use of a controlled substance and the result of such
184		-	test is positive shall be subject to any or all of the following actions:
185		-	(a) An immediate warrantless arrest;
186		-	(b) An immediate increase in the level of supervision;
187		-	(c) Random screenings for the detection of the illegal or
188		-	unauthorized use of a controlled substance, which use may serve as the
189		-	basis for additional punishment or any other community placement;
190		-	(d) Referral to a substance use disorder treatment program.
191		-	(3) If any probationer described in subsection (2) of this section is
192		-	subjected to a second or subsequent test for the illegal or unauthorized use
193		-	of a controlled substance and the result of such test is positive, the probation
194		-	officer shall take one or more of the following actions:
195		-	(a) Make an immediate warrantless arrest;
196		-	(b) Seek a probation revocation in accordance with sections
197		-	16-11-205 and 16-11-206;
198		-	(c) Immediately increase the level of supervision;
199		-	PAGE 5-HOUSE BILL 22-1257 (d) Increase the number of drug screenings for the illegal or
200		-	unauthorized use of controlled substances;
201		-	(e) Refer the probationer to a substance use disorder treatment
202		-	program.
203		-	SECTION 5. In Colorado Revised Statutes, add 16-11-215 as
204		-	follows:
205		-	16-11-215. Structured and individualized behavioral responses
206		-	- repeal. (1) B
207		-	EFORE JULY 1, 2023, THE STATE COURT ADMINISTRATOR
208		-	SHALL DEVELOP A SYSTEM OF STRUCTURED AND INDIVIDUALIZED
209		-	BEHAVIORAL RESPONSES
210		-	, INCLUDING INCENTIVES AND SANCTIONS, TO GUIDE
211		-	PROBATION OFFICERS IN DETERMINING HOW BEST TO MOTIVATE POSITIVE
212		-	BEHAVIOR CHANGE AND THE APPROPRIATE RESPONSE TO A VIOLATION OF
213		-	TERMS AND CONDITIONS OF PROBATION
214		-	.
	164	+	THE OFFICER has a warrant commanding that the8
	165	+	probationer be arrested; or9
	166	+	(b) He THE OFFICER has probable cause to believe that a warrant10
	167	+	for the probationer's arrest has been issued in this state or another state for11
	168	+	any criminal offense or for violation of the conditions of probation; or12
	169	+	(c) Any offense under PURSUANT TO the laws of this state THAT IS13
	170	+	STATUTORILY ELIGIBLE FOR ARREST has been or is being committed by the14
	171	+	probationer in his presence; or15
	172	+	(d) He has probable cause to believe that a crime has been16
	173	+	committed and the probationer has committed such crime; or17
	174	+	(e) He THE OFFICER has probable cause to believe that the18
	175	+	conditions of probation have been violated and probable cause to believe19
	176	+	that the probationer is leaving or about to leave the state, or that the20
	177	+	probationer will fail or refuse to appear before the court to answer21
	178	+	charges of violation of the conditions of probation, or that the arrest of the22
	179	+	probationer is necessary to prevent physical harm to the probationer23
	180	+	PROTECT THE SAFETY OF THE COMMUNITY or another person or PREVENT24
	181	+	the commission of a crime. or25
	182	+	(f) The probationer, who is on probation as a result of a conviction26
	183	+	of any felony except a class 1 felony, has been tested for the illegal or27
	184	+	1257
	185	+	-5- unauthorized use of a controlled substance and the result of such test is1
	186	+	positive.2
	187	+	(2) If a probation officer has reason to believe that the conditions3
	188	+	of probation have been violated by any probationer, he may UNLESS ANY4
	189	+	CIRCUMSTANCES AS PROVIDED IN SUBSECTION (1) OR (6.5) OF THIS5
	190	+	SECTION EXIST, WHEN A PROBATION OFFICER HAS REASON TO BELIEVE6
	191	+	THAT THE PROBATIONER VIOLATED CONDITIONS OF PROBATION AND THAT7
	192	+	A PETITION FOR REVOCATION IS NECESSARY AND APPROPRIATE SUBJECT TO8
	193	+	SECTION 16-11-215, THE PROBATION OFFICER SHALL issue a summons9
	194	+	requiring the probationer to appear before the court at a specified time10
	195	+	and place to answer charges of violation of the conditions of probation.11
	196	+	The summons, unless accompanied by a copy of a complaint, shall12
	197	+	contain a brief statement of the violation and the date and place thereof.13
	198	+	Failure of the probationer to appear before the court as required by the14
	199	+	summons shall be deemed a violation of the conditions of probation.15
	200	+	(5) A complaint alleging the violation of a condition of probation16
	201	+	may be filed either by the probation officer pursuant to subsection (4) of17
	202	+	this section or by the district attorney. Such complaint shall MUST contain18
	203	+	the name of the probationer, shall MUST identify the violation charged and19
	204	+	the condition of probation alleged to have been violated, including the20
	205	+	date and approximate location thereof,
	206	+	MUST INCLUDE A SUMMARY OF THE21
	207	+	VIOLATION BEHAVIOR HISTORY AND ANY BEHAVIORAL RESPONSES APPLIED22
	208	+	CONSISTENT WITH THE STRUCTURED AND INDIVIDUALIZED BEHAVIORAL23
	209	+	RESPONSES DEVELOPED PURSUANT TO SECTION 16-11-215 and shall
	210	+	MUST24
	211	+	be signed by the probation officer or the district attorney. A copy thereof25
	212	+	shall MUST be given to the probationer a reasonable length of time before26
	213	+	he THE PROBATIONER appears before the court.27
	214	+	1257
	215	+	-6- (6.5) UNLESS THERE IS REASON TO BELIEVE THAT A PROBATIONER1
	216	+	WOULD NOT APPEAR, WOULD INTERFERE WITH THE CRIMINAL JUSTICE2
	217	+	PROCESS, OR POSES SUBSTANTIAL RISK OF SERIOUS HARM TO OTHERS , A3
	218	+	PROBATION OFFICER SHALL ISSUE A SUMMONS RATHER THAN REQUEST A4
	219	+	WARRANT WHEN FILING A PETITION FOR REVOCATION .5
	220	+	SECTION 4. In Colorado Revised Statutes, 16-11-209, repeal (2)6
	221	+	and (3) as follows:7
	222	+	16-11-209. Duties of probation officers. (2) Any probationer, on8
	223	+	probation as a result of a conviction, who is under the supervision of a9
	224	+	probation officer pursuant to this part 2 and who is initially tested for the10
	225	+	illegal or unauthorized use of a controlled substance and the result of such11
	226	+	test is positive shall be subject to any or all of the following actions:12
	227	+	(a) An immediate warrantless arrest;13
	228	+	(b) An immediate increase in the level of supervision;14
	229	+	(c) Random screenings for the detection of the illegal or15
	230	+	unauthorized use of a controlled substance, which use may serve as the16
	231	+	basis for additional punishment or any other community placement;17
	232	+	(d) Referral to a substance use disorder treatment program.18
	233	+	(3) If any probationer described in subsection (2) of this section19
	234	+	is subjected to a second or subsequent test for the illegal or unauthorized20
	235	+	use of a controlled substance and the result of such test is positive, the21
	236	+	probation officer shall take one or more of the following actions:22
	237	+	(a) Make an immediate warrantless arrest;23
	238	+	(b) Seek a probation revocation in accordance with sections24
	239	+	16-11-205 and 16-11-206;25
	240	+	(c) Immediately increase the level of supervision;26
	241	+	(d) Increase the number of drug screenings for the illegal or27
	242	+	1257
	243	+	-7- unauthorized use of controlled substances;1
	244	+	(e) Refer the probationer to a substance use disorder treatment2
	245	+	program.3
	246	+	SECTION 5. In Colorado Revised Statutes, add 16-11-215 as4
	247	+	follows:5
	248	+	16-11-215. Structured and individualized behavioral responses6
	249	+	- repeal. (1) B EFORE JULY 1, 2023, THE STATE COURT ADMINISTRATOR7
	250	+	SHALL DEVELOP A SYSTEM OF STRUCTURED AND INDIVIDUALIZED8
	251	+	BEHAVIORAL RESPONSES, INCLUDING INCENTIVES AND SANCTIONS , TO9
	252	+	GUIDE PROBATION OFFICERS IN DETERMINING HOW BEST TO MOTIVATE10
	253	+	POSITIVE BEHAVIOR CHANGE AND THE APPROPRIATE RESPONSE TO A11
	254	+	VIOLATION OF TERMS AND CONDITIONS OF PROBATION .12
215	255		(2)
216		-	A SYSTEM OF STRUCTURED AND INDIVIDUALIZED RESPONSES
217		-	MUST INCLUDE AN ACCOUNTABILITY
218		-	-BASED SERIES OF BEHAVIORAL
219		-	RESPONSES
220		-	, INTERMEDIATE SANCTIONS , INCENTIVES, AND SERVICES
221		-	DESIGNED TO RESPOND TO A PROBATIONER
222		-	'S VIOLATION OF PROBATION
223		-	QUICKLY
224		-	, FAIRLY, CONSISTENTLY, AND PROPORTIONALLY. THE SYSTEM OF
225		-	STRUCTURED AND INDIVIDUALIZED RESPONSES MUST ALSO BE DESIGNED TO
226		-	MOTIVATE POSITIVE BEHAVIOR CHANGE
227		-	, SUCCESSFUL COMPLETION OF
228		-	PROBATION
229		-	, AND A PROBATIONER'S INDIVIDUAL BEHAVIORAL OR
230		-	TREATMENT GOALS
231		-	.
	256	+	A SYSTEM OF STRUCTURED AND INDIVI DUALIZED RESPONSES13
	257	+	MUST INCLUDE AN ACCOUNTABILITY -BASED SERIES OF BEHAVIORAL14
	258	+	RESPONSES, INTERMEDIATE SANCTIONS , INCENTIVES, AND SERVICES15
	259	+	DESIGNED TO RESPOND TO A PROBATIONER 'S VIOLATION OF PROBATION16
	260	+	QUICKLY, FAIRLY, CONSISTENTLY, AND PROPORTIONALLY. THE SYSTEM OF17
	261	+	STRUCTURED AND INDIVIDUALIZED RESPONSES MUST ALSO BE DESIGNED18
	262	+	TO MOTIVATE POSITIVE BEHAVIOR CHANGE , SUCCESSFUL COMPLETION OF19
	263	+	PROBATION, AND A PROBATIONER'S INDIVIDUAL BEHAVIORAL OR20
	264	+	TREATMENT GOALS.21
232	265		(3)
233		-	PROBATION DEPARTMENTS SHALL USE THE SYSTEM OF
234		-	STRUCTURED AND INDIVIDUALIZED BEHAVIORAL RESPONSES DEVELOPED
235		-	PURSUANT TO THIS SUBSECTION
236		-	(3) OR DEVELOP AND USE AN EQUIVALENT
237		-	AND LOCALLY DEVELOPED SYSTEM THAT IS ALIGNED TO BEST PRACTICES
238		-	.
239		-	(4) (a) T
240		-	HE STATE COURT ADMINISTRATOR SHALL REPORT ON THE
241		-	SYSTEM OF STRUCTURED AND INDIVIDUALIZED RESPONSES DEVELOPED
242		-	PURSUANT TO THIS SECTION DURING THE JUDICIAL DEPARTMENT
243		-	'S ANNUAL
244		-	PRESENTATION HELD PURSUANT TO SECTION
245		-	2-7-203 DURING THE 2024
246		-	LEGISLATIVE SESSION.
247		-	(b) T
248		-	HIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2024.
249		-	PAGE 6-HOUSE BILL 22-1257 SECTION 6. In Colorado Revised Statutes, amend 16-11.5-101 as
250		-	follows:
251		-	16-11.5-101. Legislative declaration. The general assembly hereby
252		-	declares that substance abuse, specifically the abuse of alcohol and
253		-	controlled substances, is a major problem in the criminal justice system of
254		-	the state of Colorado and in the entire nation. Substance abuse is a
255		-	significant factor in the commission of crimes, and it is a significant factor
256		-	in impeding the rehabilitation of persons convicted of crimes which results
257		-	in an increased rate of recidivism. Therefore, the general assembly hereby
258		-	resolves to curtail the disastrous effects of substance abuse in the criminal justice system by providing for consistency in the response to substance abuse throughout the criminal justice system and to improve and standardize substance abuse treatment for offenders
259		-	PEOPLE at each stage
260		-	of the criminal justice system and to provide punitive measures A RANGE OF
261		-	INDIVIDUALIZED BEHAVIORAL RESPONSES
262		-	for offenders who refuse tocooperate with and PEOPLE WHO DO NOT respond SUCCESSFULLY to
263		-	substance abuse treatment while such offenders THE PEOPLE are involved
264		-	with the criminal justice system.
265		-	SECTION 7. In Colorado Revised Statutes, 16-11.5-105, amend
266		-	(2) and (3) as follows:
267		-	16-11.5-105. Departments shall develop testing programs and
268		-	behavioral response systems. (2) Any offender who tests positive for the
269		-	use of alcohol or controlled substances subsequent to the initial test required
270		-	by section 18-1.3-209 C.R.S.,
271		-	shall be subjected to a punitive sanction
272		-	SYSTEM OF STRUCTURED AND INDIVIDUALIZED BEHAVIORAL RESPONSES . The
273		-	judicial department, the department of corrections, the state board of parole,
274		-	and the division of criminal justice of the department of public safety shall
275		-	cooperate to develop and make public a range of punitive sanctions
276		-	STRUCTURED AND INDIVIDUALIZED BEHAVIORAL RESPONSES for those
277		-	offenders PEOPLE under the jurisdiction of each agency which THAT are
278		-	appropriate to the offenders PEOPLE supervised by each particular agency.
279		-	Such punitive sanctions shall be formulated in such a way as to promote
280		-	fairness and consistency in the treatment of offenders and may include, but
281		-	shall not be limited to, increases in the level of an offender's supervision,
282		-	increases in the use of electronic monitoring of an offender, loss of earned
283		-	time granted pursuant to section 17-22.5-405, C.R.S., and referral of the
284		-	offender to the court or the state board of parole for resentencing or
285		-	PAGE 7-HOUSE BILL 22-1257 revocation of probation or parole. A SYSTEM OF STRUCTURED AND
286		-	INDIVIDUALIZED BEHAVIORAL RESPONSES MUST INCLUDE AN
287		-	ACCOUNTABILITY
288		-	-BASED SERIES OF BEHAVIORAL RESPONSES , SANCTIONS,
289		-	INCENTIVES, AND SERVICES DESIGNED TO RESPOND TO AN OFFENDER 'S
290		-	VIOLATION BEHAVIOR QUICKLY
291		-	, FAIRLY, CONSISTENTLY , AND
292		-	PROPORTIONALLY
293		-	. THE SYSTEM MUST ALSO BE DESIGNED TO MOTIVATE
294		-	POSITIVE BEHAVIOR CHANGE
295		-	, SUCCESSFUL COMPLETION OF SUPERVISION ,
296		-	AND AN OFFENDER'S INDIVIDUALIZED TREATMENT OR BEHAVIOR CH ANGE
297		-	GOALS USING RESEARCH
298		-	-INFORMED STRATEGIES DESIGNED TO REDUCE THE
299		-	LIKELIHOOD OF CONTINUED INVOLVEMENT WITH THE CRIMINAL JUSTICE
300		-	SYSTEM
301		-	. It is the intent of the general assembly that any offender's test
302		-	which
303		-	THAT is positive for the use of controlled substances or alcohol shall
304		-	result in an intensified level of testing, treatment, supervision, or other
305		-	sanctions designed to control abuse of substances for such offender IS
306		-	ADDRESSED WITH A RANGE OF BEHAVIORAL RESPONSES PRIOR TO
307		-	CONSIDERATION FOR REVOCATION OR RESENTENCING BY THE COURT OR
308		-	PRIOR TO CONSIDERATION OF REVOCATION BY THE STATE BOARD OF PAROLE
309		-	.
310		-	(3) The judicial department, the department of corrections, the state
311		-	board of parole, and the division of criminal justice of the department of
312		-	public safety shall cooperate to develop
313		-	AND IMPLEMENT a range of
314		-	incentives for offenders under the jurisdiction of each particular agency to
315		-	discontinue abuse of
316		-	MOTIVATE RECOVERY FROM A SUBSTANCE USE
317		-	DISORDER AND ABSTINENCE FROM HARMFUL USE OF
318		-	alcohol or controlled
319		-	substances.
320		-	SECTION 8. In Colorado Revised Statutes, 17-2-103, amend
321		-	(1.5)(d), (1.5)(e), and (1.5)(f) as follows:
322		-	17-2-103. Arrest of parolee - revocation proceedings. (1.5) (d) If
323		-	a parolee has a technical violation, the parolee's community parole officer,
324		-	with the approval of the director of the division of adult parole or the
325		-	director's designee, may impose a brief term of confinement, in the county
326		-	jail, not to exceed fourteen consecutive days, as an intermediate sanction.
327		-	(e) A parolee's community parole officer must notify the parolee
328		-	when a brief term of incarceration in jail CONFINEMENT may be imposed as
329		-	an intermediate sanction against the parolee.
	266	+	PROBATION DEPARTMENTS SHALL USE THE SYSTEM OF22
	267	+	STRUCTURED AND INDIVIDUALIZED BEHAVIORAL RESPONSES DEVELOPED23
	268	+	PURSUANT TO THIS SUBSECTION (3) OR DEVELOP AND USE AN EQUIVALENT24
	269	+	AND LOCALLY DEVELOPED SYSTEM THAT IS ALIGNED TO BEST PRACTICES .25
	270	+	(4) (a) THE STATE COURT ADMINISTRATOR SHALL REPORT ON THE26
	271	+	SYSTEM OF STRUCTURED AND INDIVIDUALIZED RESPONSES DEVELOPED27
	272	+	1257
	273	+	-8- PURSUANT TO THIS SECTION DURING THE JUDICIAL DEPARTMENT 'S ANNUAL1
	274	+	PRESENTATION HELD PURSUANT TO SECTION 2-7-203 DURING THE 20242
	275	+	LEGISLATIVE SESSION.3
	276	+	(b) THIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2024.4
	277	+	SECTION 6. In Colorado Revised Statutes, amend 16-11.5-1015
	278	+	as follows:6
	279	+	16-11.5-101. Legislative declaration. The general assembly7
	280	+	hereby declares that substance abuse, specifically the abuse of alcohol and8
	281	+	controlled substances, is a major problem in the criminal justice system9
	282	+	of the state of Colorado and in the entire nation. Substance abuse is a10
	283	+	significant factor in the commission of crimes, and it is a significant11
	284	+	factor in impeding the rehabilitation of persons convicted of crimes which12
	285	+	results in an increased rate of recidivism. Therefore, the general assembly13
	286	+	hereby resolves to curtail the disastrous effects of substance abuse in the14
	287	+	criminal justice system by providing for consistency in the response to15
	288	+	substance abuse throughout the criminal justice system and to improve16
	289	+	and standardize substance abuse treatment for offenders PEOPLE at each17
	290	+	stage of the criminal justice system and to provide punitive measures A18
	291	+	RANGE OF INDIVIDUALIZED BEHAVIORAL RESPONSES for offenders who19
	292	+	refuse to cooperate with and PEOPLE WHO DO NOT respond SUCCESSFULLY20
	293	+	to substance abuse treatment while such offenders THE PEOPLE are21
	294	+	involved with the criminal justice system.22
	295	+	SECTION 7. In Colorado Revised Statutes, 16-11.5-105, amend23
	296	+	(2) and (3) as follows:24
	297	+	16-11.5-105. Departments shall develop testing programs and25
	298	+	behavioral response systems. (2) Any offender who tests positive for26
	299	+	the use of alcohol or controlled substances subsequent to the initial test27
	300	+	1257
	301	+	-9- required by section 18-1.3-209 C.R.S., shall be subjected to a punitive1
	302	+	sanction SYSTEM OF STRUCTURED AND INDIVIDUALIZED BEHAVIORAL2
	303	+	RESPONSES. The judicial department, the department of corrections, the3
	304	+	state board of parole, and the division of criminal justice of the4
	305	+	department of public safety shall cooperate to develop and make public5
	306	+	a range of punitive sanctions STRUCTURED AND INDIVIDUALIZED6
	307	+	BEHAVIORAL RESPONSES for those offenders PEOPLE under the jurisdiction7
	308	+	of each agency which THAT are appropriate to the offenders PEOPLE8
	309	+	supervised by each particular agency. Such punitive sanctions shall be9
	310	+	formulated in such a way as to promote fairness and consistency in the10
	311	+	treatment of offenders and may include, but shall not be limited to,11
	312	+	increases in the level of an offender's supervision, increases in the use of12
	313	+	electronic monitoring of an offender, loss of earned time granted pursuant13
	314	+	to section 17-22.5-405, C.R.S., and referral of the offender to the court or14
	315	+	the state board of parole for resentencing or revocation of probation or15
	316	+	parole. A SYSTEM OF STRUCTURED AND INDIVIDUALIZED BEHAVIORAL16
	317	+	RESPONSES MUST INCLUDE AN ACCOUNTABILITY -BASED SERIES OF17
	318	+	BEHAVIORAL RESPONSES , SANCTIONS, INCENTIVES, AND SERVICES18
	319	+	DESIGNED TO RESPOND TO AN OFFENDER'S VIOLATION BEHAVIOR QUICKLY,19
	320	+	FAIRLY, CONSISTENTLY, AND PROPORTIONALLY. THE SYSTEM MUST ALSO20
	321	+	BE DESIGNED TO MOTIVATE POSITIVE BEHAVIOR CHANGE , SUCCESSFUL21
	322	+	COMPLETION OF SUPERVISION , AND AN OFFENDER 'S INDIVIDUALIZED22
	323	+	TREATMENT OR BEHAVIOR CHANGE GOALS USING RESEARCH -INFORMED23
	324	+	STRATEGIES DESIGNED TO REDUCE THE LIKELIHOOD OF CONTINUED24
	325	+	INVOLVEMENT WITH THE CRIMINAL JUSTICE SYSTEM . It is the intent of the25
	326	+	general assembly that any offender's test which THAT is positive for the26
	327	+	use of controlled substances or alcohol shall result in an intensified level27
	328	+	1257
	329	+	-10- of testing, treatment, supervision, or other sanctions designed to control1
	330	+	abuse of substances for such offender IS ADDRESSED WITH A RANGE OF2
	331	+	BEHAVIORAL RESPONSES PRIOR TO CONSIDERATION FOR REVOCATION OR3
	332	+	RESENTENCING BY THE COURT OR PRIOR TO CONSIDERATION OF4
	333	+	REVOCATION BY THE STATE BOARD OF PAROLE .5
	334	+	(3) The judicial department, the department of corrections, the6
	335	+	state board of parole, and the division of criminal justice of the7
	336	+	department of public safety shall cooperate to develop
	337	+	AND IMPLEMENT8
	338	+	a range of incentives for offenders under the jurisdiction of each9
	339	+	particular agency to discontinue abuse of
	340	+	MOTIVATE RECOVERY FROM A10
	341	+	SUBSTANCE USE DISORDER AND ABSTINENCE FROM HARMFUL USE OF11
	342	+	alcohol or controlled substances.12
	343	+	SECTION 8. In Colorado Revised Statutes, 17-2-103, amend13
	344	+	(1.5)(d), (1.5)(e), and (1.5)(f) as follows:14
	345	+	17-2-103. Arrest of parolee - revocation proceedings.15
	346	+	(1.5) (d) If a parolee has a technical violation, the parolee's community16
	347	+	parole officer, with the approval of the director of the division of adult17
	348	+	parole or the director's designee, may impose a brief term of confinement,18
	349	+	in the county jail, not to exceed fourteen consecutive days, as an19
	350	+	intermediate sanction.20
	351	+	(e) A parolee's community parole officer must notify the parolee21
	352	+	when a brief term of incarceration in jail CONFINEMENT may be imposed22
	353	+	as an intermediate sanction against the parolee.23
330	354		(f) C
331		-	ONFINEMENT AS AN INTERMEDIATE SANCTION MAY ~~BE PROVIDED~~
332		-	~~PAGE 8-HOUSE BILL 22-1257~~ IN ANY FACILITY OPERATED OR APPROVED BY THE ~~DEPARTMENT OF~~
333		-	CORRECTIONS OR IN A COUNTY JAIL
334		-	~~. The division of adult parole is~~
335		-	~~responsible for reimbursing county jails for beds used as an intermediate~~
336		-	sanction. The sheriff of each county has the authority and discretion to
337		-	determine the number of jail beds, if any, that are available to ~~the~~
338		-	department of corrections in their respective facilities for the purpose of
339		-	imposing an intermediate sanction. If jail beds are unavailable in the ~~local~~
340		-	community of the facility in which the parolee is being supervised, ~~the~~
	355	+	ONFINEMENT AS AN INTERMEDIATE SANCTION MAY BE24
	356	+	PROVIDED IN ANY FACILITY OPERATED OR APPROVED BY THE DEPARTMENT25
	357	+	OF CORRECTIONS OR IN A COUNTY JAIL . The division of adult parole is26
	358	+	responsible for reimbursing county jails for beds used as an intermediate27
	359	+	1257
	360	+	-11- sanction. The sheriff of each county has the authority and discretion to1
	361	+	determine the number of jail beds, if any, that are available to the2
	362	+	department of corrections in their respective facilities for the purpose of3
	363	+	imposing an intermediate sanction. If jail beds are unavailable in the local4
	364	+	community of the facility in which the parolee is being supervised, the5
341	365		division of adult parole is authorized to utilize
342		-	ANY FACILITY ~~OPERATED OR~~
343		-	APPROVED BY THE DEPARTMENT OF CORRECTIONS OR
344		-	~~other available county~~
345		-	~~jail beds if transportation to and from the jail is provided to the~~ parolee.
346		-	SECTION 9. In Colorado Revised Statutes, 18-1.3-102, ~~amend (2)~~
347		-	as follows:
348		-	18-1.3-102. Deferred sentencing of defendant. (2) Prior to ~~entry~~
349		-	of a plea of guilty to be followed by deferred judgment and sentence, ~~the~~
350		-	district attorney, in the course of plea discussion as provided in ~~sections~~
	366	+	ANY FACILITY OPERATED6
	367	+	OR APPROVED BY THE DEPARTMENT OF CORRECTIONS OR other available7
	368	+	county jail beds if transportation to and from the jail is provided to the8
	369	+	parolee.9
	370	+	SECTION 9. In Colorado Revised Statutes, 18-1.3-102, amend10
	371	+	(2) as follows:11
	372	+	18-1.3-102. Deferred sentencing of defendant. (2) Prior to entry12
	373	+	of a plea of guilty to be followed by deferred judgment and sentence, the13
	374	+	district attorney, in the course of plea discussion as provided in sections14
351	375		16-7-301 and 16-7-302 C.R.S.,
352		-	is authorized to enter into a written
353		-	stipulation, to be signed by the defendant, the defendant's attorney of record,
354		-	and the district attorney, under which the defendant is obligated to adhere
355		-	to such stipulation. The conditions imposed in the stipulation shall be
356		-	AND
357		-	THE RESPONSES TO VIOLATION BEHAVIOR ARE
358		-	similar in all respects
359		-	to
360		-	conditions permitted as part of probation. A person convicted of a crime,
361		-	the underlying factual basis of which included an act of domestic violence,
362		-	as defined in section 18-6-800.3 (1), shall stipulate to the conditions
363		-	specified in section 18-1.3-204 (2)(b). In addition, the stipulation may
364		-	require the defendant to perform community or charitable work service
365		-	projects or make donations thereto. Upon full compliance with such
366		-	conditions by the defendant, the plea of guilty previously entered shall be
367		-	withdrawn and the charge upon which the judgment and sentence of the
368		-	court was deferred shall be dismissed with prejudice. The stipulation shall
369		-	specifically provide that, upon a breach by the defendant of any condition
370		-	regulating the conduct of the defendant, the court shall enter judgment and
371		-	impose sentence upon the guilty plea; except that, if the offense is a
372		-	violation of article 18 of this title
373		-	TITLE 18, the court may accept an
374		-	admission or find a violation of the stipulation without entering judgment
375		-	and imposing sentence if the court first makes findings of fact on the record
376		-	stating the entry of judgment and sentencing would not be consistent with
377		-	the purposes of sentencing, that the defendant would be better served by
378		-	PAGE 9-HOUSE BILL 22-1257 continuing the deferred judgment period, and that public safety would not
379		-	be jeopardized by the continuation of the deferred judgment. If the court
380		-	makes those findings and continues the deferred judgment over the
381		-	objection of the prosecution, the court shall also impose additional and
382		-	immediate sanctions upon the defendant to address the violation, to include,
383		-	but not be limited to, the imposition of further terms and conditions that will
384		-	enhance the likelihood of the defendant's success, respond to the defendant's
385		-	noncompliance, and promote further individual accountability, including
386		-	extending the time period of the deferred judgment for up to two additional
387		-	years or incarceration in the county jail for a period not to exceed ninety
388		-	days consistent with the provisions of section 18-1.3-202 (1), or both.
389		-	When, as a condition of the deferred sentence, the court orders the
390		-	defendant to make restitution, evidence of failure to pay the restitution shall
391		-	constitute prima facie evidence of a violation. Whether a breach of
392		-	condition has occurred shall be determined by the court without a jury upon
393		-	application of the district attorney or a probation officer and upon notice of
394		-	hearing thereon of not less than seven days to the defendant or the
395		-	defendant's attorney of record. Application for entry of judgment and
396		-	imposition of sentence may be made by the district attorney or a probation
397		-	officer at any time within the term of the deferred judgment or within
398		-	thirty-five days thereafter. The burden of proof at the hearing shall be by a
399		-	preponderance of the evidence, and the procedural safeguards required in
400		-	a revocation of probation hearing shall apply.
401		-	SECTION 10. In Colorado Revised Statutes, 18-4-401, add (11) as
402		-	follows:
403		-	18-4-401. Theft - repeal. (11) (a) I
404		-	F THE ITEM OF VALUE INVOLVED
405		-	IS A PUBLIC BENEFIT
406		-	, THEN FOR PURPOSES OF DETERMINING THE OFFENSE
407		-	LEVEL FOR SUBSECTION
408		-	(2) OF THIS SECTION, THE VALUE IS THE DIFFERENCE
409		-	BETWEEN THE VALUE OF THE PUBLIC BENEFIT RECEIVED AND THE VALUE OF
410		-	THE PUBLIC BENEFIT FOR WHICH THE RECIPIENT WAS ELIGIBLE
411		-	.
	376	+	is authorized to enter into a written15
	377	+	stipulation, to be signed by the defendant, the defendant's attorney of16
	378	+	record, and the district attorney, under which the defendant is obligated17
	379	+	to adhere to such stipulation. The conditions imposed in the stipulation18
	380	+	shall be AND THE RESPONSES TO VIOLATION BEHAVIOR ARE similar in all19
	381	+	respects to conditions permitted as part of probation. A person convicted20
	382	+	of a crime, the underlying factual basis of which included an act of21
	383	+	domestic violence, as defined in section 18-6-800.3 (1), shall stipulate to22
	384	+	the conditions specified in section 18-1.3-204 (2)(b). In addition, the23
	385	+	stipulation may require the defendant to perform community or charitable24
	386	+	work service projects or make donations thereto. Upon full compliance25
	387	+	with such conditions by the defendant, the plea of guilty previously26
	388	+	entered shall be withdrawn and the charge upon which the judgment and27
	389	+	1257
	390	+	-12- sentence of the court was deferred shall be dismissed with prejudice. The1
	391	+	stipulation shall specifically provide that, upon a breach by the defendant2
	392	+	of any condition regulating the conduct of the defendant, the court shall3
	393	+	enter judgment and impose sentence upon the guilty plea; except that, if4
	394	+	the offense is a violation of article 18 of this title TITLE 18, the court may5
	395	+	accept an admission or find a violation of the stipulation without entering6
	396	+	judgment and imposing sentence if the court first makes findings of fact7
	397	+	on the record stating the entry of judgment and sentencing would not be8
	398	+	consistent with the purposes of sentencing, that the defendant would be9
	399	+	better served by continuing the deferred judgment period, and that public10
	400	+	safety would not be jeopardized by the continuation of the deferred11
	401	+	judgment. If the court makes those findings and continues the deferred12
	402	+	judgment over the objection of the prosecution, the court shall also13
	403	+	impose additional and immediate sanctions upon the defendant to address14
	404	+	the violation, to include, but not be limited to, the imposition of further15
	405	+	terms and conditions that will enhance the likelihood of the defendant's16
	406	+	success, respond to the defendant's noncompliance, and promote further17
	407	+	individual accountability, including extending the time period of the18
	408	+	deferred judgment for up to two additional years or incarceration in the19
	409	+	county jail for a period not to exceed ninety days consistent with the20
	410	+	provisions of section 18-1.3-202 (1), or both. When, as a condition of the21
	411	+	deferred sentence, the court orders the defendant to make restitution,22
	412	+	evidence of failure to pay the restitution shall constitute prima facie23
	413	+	evidence of a violation. Whether a breach of condition has occurred shall24
	414	+	be determined by the court without a jury upon application of the district25
	415	+	attorney or a probation officer and upon notice of hearing thereon of not26
	416	+	less than seven days to the defendant or the defendant's attorney of27
	417	+	1257
	418	+	-13- record. Application for entry of judgment and imposition of sentence may1
	419	+	be made by the district attorney or a probation officer at any time within2
	420	+	the term of the deferred judgment or within thirty-five days thereafter.3
	421	+	The burden of proof at the hearing shall be by a preponderance of the4
	422	+	evidence, and the procedural safeguards required in a revocation of5
	423	+	probation hearing shall apply.6
	424	+	SECTION 10. In Colorado Revised Statutes, 18-4-401, add (11)7
	425	+	as follows:8
	426	+	18-4-401. Theft - repeal. (11) (a) IF THE ITEM OF VALUE9
	427	+	INVOLVED IS A PUBLIC BENEFIT, THEN FOR PURPOSES OF DETERMINING THE10
	428	+	OFFENSE LEVEL FOR SUBSECTION (2) OF THIS SECTION, THE VALUE IS THE11
	429	+	DIFFERENCE BETWEEN THE VALUE OF THE PUBLIC BENEFIT RECEIVED AND12
	430	+	THE VALUE OF THE PUBLIC BENEFIT FOR WHICH THE RECIPIENT WAS13
	431	+	ELIGIBLE. 14
412	432		(b)
413		-	AS USED IN THIS SUBSECTION (11), "PUBLIC BENEFITS" MEANS
414		-	SERVICES OR AID
415		-	, OR BOTH, INCLUDING FOOD, CASH, AND MEDICAL
416		-	ASSISTANCE
417		-	, PROVIDED THROUGH AN APPROPRIATION OF FEDERAL , STATE,
418		-	OR LOCAL GOVERNMENT MONEY TO INDIVIDUALS OR HOUSEHOLDS THAT ,
419		-	BECAUSE OF THEIR ECONOMIC CIRCUMSTANCES OR SOCIAL CONDITION , ARE
420		-	IN NEED OF AND MAY BENEFIT FROM SUCH SERVICES OR AID
421		-	.
422		-	PAGE 10-HOUSE BILL 22-1257 SECTION 11. In Colorado Revised Statutes, 18-12-108, amend as
423		-	they will become effective March 1, 2022, (1) and (3); and add (7) as
424		-	follows:
425		-	18-12-108. Possession of weapons by previous offenders. (1) A
426		-	person commits the crime of possession of a weapon by a previous offender
427		-	if the person knowingly possesses, uses, or carries upon his or her person
428		-	a firearm as defined in section 18-1-901 (3)(h) or any other weapon that is
429		-	subject to the provisions of this article 12 subsequent to the person's
430		-	conviction for a felony crime as defined in section 24-4.1-302 (1)
431		-	OR LISTED
432		-	IN SUBSECTION
433		-	(7) OF THIS SECTION, or subsequent to the person's conviction
434		-	for attempt or conspiracy to commit a crime as defined in section
435		-	24-4.1-302 (1) that is a felony, under PURSUANT TO Colorado or any other
436		-	state's law or under PURSUANT TO federal law.
437		-	(3) (a) A person commits the crime of possession of a weapon by a
438		-	previous offender if the person knowingly possesses, uses, or carries upon
439		-	his or her person a firearm as defined in section 18-1-901 (3)(h) or any other
440		-	weapon that is subject to the provisions of this article 12 subsequent to the
441		-	person's adjudication for an act which, if committed by an adult, would
442		-	constitute a felony crime as defined in section 24-4.1-302 (1)
443		-	OR LISTED IN
444		-	SUBSECTION
445		-	(7) OF THIS SECTION, or subsequent to the person's adjudication
446		-	for attempt or conspiracy to commit a crime as defined in section
447		-	24-4.1-302 (1) that is a felony, under
448		-	PURSUANT TO Colorado or any other
449		-	state's law or under PURSUANT TO federal law in the previous ten years from
450		-	the completion of the person's sentence for the adjudication of a felony
451		-	crime as defined in section 24-4.1-302 (1), or subsequent to the person's
452		-	adjudication for attempt or conspiracy to commit a crime as defined in
453		-	section 24-4.1-302 (1) that is a felony, under PURSUANT TO Colorado or any
454		-	other state's law or under PURSUANT TO federal law in the previous ten
455		-	years. FROM THE COMPLETION OF THE PERSON 'S SENTENCE FOR THE
456		-	ADJUDICATION OF A FELONY CRIME AS DEFINED IN SECTION
457		-	24-4.1-302 (1).
	433	+	AS USED IN THIS SUBSECTION (11), "PUBLIC BENEFITS" MEANS15
	434	+	SERVICES OR AID, OR BOTH, INCLUDING FOOD, CASH, AND MEDICAL16
	435	+	ASSISTANCE, PROVIDED THROUGH AN APPROPRIATION OF FEDERAL , STATE,17
	436	+	OR LOCAL GOVERNMENT MONEY TO INDIVIDUALS OR HOUSEHOLDS THAT ,18
	437	+	BECAUSE OF THEIR ECONOMIC CIRCUMSTANCES OR SOCIAL CONDITION , ARE19
	438	+	IN NEED OF AND MAY BENEFIT FROM SUCH SERVICES OR AID .20
	439	+	SECTION 11. In Colorado Revised Statutes, 18-12-108, amend21
	440	+	as they will become effective March 1, 2022, (1) and (3); and add (7)22
	441	+	as follows:23
	442	+	18-12-108. Possession of weapons by previous offenders. (1) A24
	443	+	person commits the crime of possession of a weapon by a previous25
	444	+	offender if the person knowingly possesses, uses, or carries upon his or26
	445	+	her person a firearm as defined in section 18-1-901 (3)(h) or any other27
	446	+	1257
	447	+	-14- weapon that is subject to the provisions of this article 12 subsequent to1
	448	+	the person's conviction for a felony crime as defined in section 24-4.1-3022
	449	+	(1)
	450	+	OR LISTED IN SUBSECTION (7) OF THIS SECTION, or subsequent to the3
	451	+	person's conviction for attempt or conspiracy to commit a crime as4
	452	+	defined in section 24-4.1-302 (1) that is a felony, under
	453	+	PURSUANT TO5
	454	+	Colorado or any other state's law or under PURSUANT TO federal law.6
	455	+	(3) (a) A person commits the crime of possession of a weapon by7
	456	+	a previous offender if the person knowingly possesses, uses, or carries8
	457	+	upon his or her person a firearm as defined in section 18-1-901 (3)(h) or9
	458	+	any other weapon that is subject to the provisions of this article 1210
	459	+	subsequent to the person's adjudication for an act which, if committed by11
	460	+	an adult, would constitute a felony crime as defined in section 24-4.1-30212
	461	+	(1)
	462	+	OR LISTED IN SUBSECTION (7) OF THIS SECTION, or subsequent to the13
	463	+	person's adjudication for attempt or conspiracy to commit a crime as14
	464	+	defined in section 24-4.1-302 (1) that is a felony, under
	465	+	PURSUANT TO15
	466	+	Colorado or any other state's law or under PURSUANT TO federal law in the16
	467	+	previous ten years from the completion of the person's sentence for the17
	468	+	adjudication of a felony crime as defined in section 24-4.1-302 (1), or18
	469	+	subsequent to the person's adjudication for attempt or conspiracy to19
	470	+	commit a crime as defined in section 24-4.1-302 (1) that is a felony, under20
	471	+	PURSUANT TO Colorado or any other state's law or under PURSUANT TO21
	472	+	federal law in the previous ten years.22
458	473		(b) I
459		-	F A PERSON COMPLETES A SENTENCE FOR THE ADJUDICATION OF
460		-	A FELONY CRIME AS DEFINED IN SECTION
461		-	24-4.1-302 (1) OR LISTED IN
462		-	SUBSECTION
463		-	(7) OF THIS SECTION, OR SUBSEQUENT TO THE PERSON 'S
464		-	ADJUDICATION FOR ATTEMPT OR CONSPIRACY TO COMMIT A CRIME AS
465		-	DEFINED IN SECTION
466		-	24-4.1-302 (1) OR LISTED IN SUBSECTION (7) OF THIS
467		-	SECTION THAT IS A FELONY
468		-	PURSUANT TO COLORADO OR ANY OTHER STATE'S
469		-	LAW OR UNDER FEDERAL LAW
470		-	, AND THE PERSON HAS GOOD CAUSE FOR
471		-	PAGE 11-HOUSE BILL 22-1257 POSSESSING, USING, OR CARRYING A FIREARM AS DEFINED IN SECTION
472		-	18-1-901 (3)(h) OR ANY OTHER WEAPON THAT IS SUBJECT TO THIS ARTICLE
473		-	12, THE PERSON MAY PETITION THE COURT FOR AN ORDER DETERMINING
474		-	THAT SUBSECTION
475		-	(3)(a) OF THIS SECTION DOES NOT APPLY TO THE PERSON
476		-	IF THE PERSON OTHERWISE LEGALLY POSSESSES
477		-	, USES, OR CARRIES UPON HIS
478		-	OR HER PERSON A FIREARM AS DEFINED IN SECTION
479		-	18-1-901 (3)(h) OR ANY
480		-	OTHER WEAPON THAT IS SUBJECT TO THIS ARTICLE
481		-	12. A COURT SHALL
482		-	ENTER AN ORDER DETERMINING THAT SUBSECTION
483		-	(3)(a) OF THIS SECTION
484		-	DOES NOT APPLY TO THE PERSON IF THE COURT FINDS
485		-	, UPON REQUEST OF THE
486		-	PERSON AND BY A PREPONDERANCE OF THE EVIDENCE
487		-	, THERE IS GOOD CAUSE
488		-	FOR THE PERSON TO POSSESS
489		-	, USE, OR CARRY A FIREARM AS DEFINED IN
490		-	SECTION
491		-	18-1-901 (3)(h) OR ANY OTHER WEAPON THAT IS SUBJECT TO THIS
492		-	ARTICLE
493		-	12.
	474	+	F A PERSON COMPLETES A SENTENCE FOR THE ADJUDICATION23
	475	+	OF A FELONY CRIME AS DEFINED IN SECTION 24-4.1-302 (1) OR LISTED IN24
	476	+	SUBSECTION (7) OF THIS SECTION, OR SUBSEQUENT TO THE PERSON 'S25
	477	+	ADJUDICATION FOR ATTEMPT OR CONSPIRACY TO COMMIT A CRIME AS26
	478	+	DEFINED IN SECTION 24-4.1-302 (1) OR LISTED IN SUBSECTION (7) OF THIS27
	479	+	1257
	480	+	-15- SECTION THAT IS A FELONY PURSUANT TO COLORADO OR ANY OTHER1
	481	+	STATE'S LAW OR UNDER FEDERAL LAW, AND THE PERSON HAS GOOD CAUSE2
	482	+	FOR POSSESSING, USING, OR CARRYING A FIREARM AS DEFINED IN SECTION3
	483	+	18-1-901 (3)(h)
	484	+	OR ANY OTHER WEAPON THAT IS SUBJECT TO THIS ARTICLE4
	485	+	12,
	486	+	THE PERSON MAY PETITION THE COURT FOR AN ORDER DETERMINING5
	487	+	THAT SUBSECTION (3)(a) OF THIS SECTION DOES NOT APPLY TO THE PERSON6
	488	+	IF THE PERSON OTHERWISE LEGALLY POSSESSES , USES, OR CARRIES UPON7
	489	+	HIS OR HER PERSON A FIREARM AS DEFINED IN SECTION 18-1-901 (3)(h) OR8
	490	+	ANY OTHER WEAPON THAT IS SUBJECT TO THIS ARTICLE 12. A COURT9
	491	+	SHALL ENTER AN ORDER DETERMINING THAT SUBSECTION (3)(a) OF THIS10
	492	+	SECTION DOES NOT APPLY TO THE PERSON IF THE COURT FINDS , UPON11
	493	+	REQUEST OF THE PERSON AND BY A PREP ONDERANCE OF THE EVIDENCE ,12
	494	+	THERE IS GOOD CAUSE FOR THE PERSON TO POSSESS , USE, OR CARRY A13
	495	+	FIREARM AS DEFINED IN SECTION 18-1-901 (3)(h) OR ANY OTHER WEAPON14
	496	+	THAT IS SUBJECT TO THIS ARTICLE 12.15
494	497		(7) I
495		-	N ADDITION TO A CONVICTION FOR FELONY CRIME AS DEFINED IN
496		-	SECTION
497		-	24-4.1-302 (1), A FELONY CONVICTION OR ADJUDICATION FOR ONE
498		-	OF THE FOLLOWING FELONIES PROHIBITS A PERSON FROM POSSESSING
499		-	, USING,
500		-	OR CARRYING UPON HIS OR HER PERSON A FIREARM AS DEFINED IN SECTION
501		-	18-1-901 (3)(h) OR ANY OTHER WEAPON THAT IS SUBJECT TO THIS ARTICLE
502		-	12 PURSUANT TO SUBSECTION (1) OR (3) OF THIS SECTION:
	498	+	N ADDITION TO A CONVICTION FOR FELONY CRIME AS DEFINED16
	499	+	IN SECTION 24-4.1-302 (1), A FELONY CONVICTION OR ADJUDICATION FOR17
	500	+	ONE OF THE FOLLOWING FELONIES PROHIBITS A PERSON FROM POSSESSING ,18
	501	+	USING, OR CARRYING UPON HIS OR HER PERSON A FIREARM AS DEFINED IN19
	502	+	SECTION 18-1-901 (3)(h) OR ANY OTHER WEAPON THAT IS SUBJECT TO THIS20
	503	+	ARTICLE 12 PURSUANT TO SUBSECTION (1) OR (3) OF THIS SECTION:21
503	504		(a) A
504		-	N OFFENSE SUBJECT TO SENTENCING PURSUANT TO ~~SECTION~~
505		-	18-1.3-1004;
	505	+	N OFFENSE SUBJECT TO SENTENCING PURSUANT TO SECTION22
	506	+	18-1.3-1004;23
506	507		(b) F
507		-	IRST DEGREE MURDER OF A PEACE OFFICER , FIREFIGHTER, OR
508		-	EMERGENCY MEDICAL SERVICE PROVIDER IN VIOLATION OF ~~SECTION~~
509		-	18-3-107;
	508	+	IRST DEGREE MURDER OF A PEACE OFFICER, FIREFIGHTER, OR24
	509	+	EMERGENCY MEDICAL SERVICE PROVIDER IN VIOLATION OF SECTION25
	510	+	18-3-107;26
510	511		(c) C
511		-	RIMINAL EXTORTION IN VIOLATION OF SECTION 18-3-207;
512		-	~~(d) F~~
513		-	~~ALSE~~ IMPRISONMENT IN VIOLATION OF SECTION 18-3-303;
	512	+	RIMINAL EXTORTION IN VIOLATION OF SECTION 18-3-207;27
	513	+	1257
	514	+	-16- (d) FALSE IMPRISONMENT IN VIOLATION OF SECTION 18-3-303;1
514	515		(e) E
515		-	NTICEMENT OF A CHILD IN VIOLATION OF SECTION 18-3-305;
	516	+	NTICEMENT OF A CHILD IN VIOLATION OF SECTION 18-3-305;2
516	517		(f) I
517		-	NTERNET LURING OF A CHILD IN VIOLATION OF SECTION 18-3-306;
	518	+	NTERNET LURING OF A CHILD IN VIOLATION OF SECTION3
	519	+	18-3-306;4
518	520		(g) I
519		-	NTERNET SEXUAL EXPLOITATION OF A CHILD IN VIOLATION OF
520		-	SECTION
521		-	18-3-405.4;
	521	+	NTERNET SEXUAL EXPLOITATION OF A CHILD IN VIOLATION OF5
	522	+	SECTION 18-3-405.4;6
522	523		(h) U
523		-	NLAWFUL SEXUAL CONDUCT BY A PEACE OFFICER ~~IN VIOLATION~~
524		-	~~PAGE 12-HOUSE BILL 22-1257~~ OF SECTION 18-3-405.7;
	524	+	NLAWFUL SEXUAL CONDUCT BY A PEACE OFFICER IN7
	525	+	VIOLATION OF SECTION 18-3-405.7;8
525	526		(i) U
526		-	NLAWFUL TERMINATION OF A PREGNANCY IN THE FIRST DEGREE
527		-	IN VIOLATION OF SECTION
528		-	18-3.5-103;
	527	+	NLAWFUL TERMINATION OF A PREGNANCY IN THE FIRST9
	528	+	DEGREE IN VIOLATION OF SECTION 18-3.5-103;10
529	529		(j) U
530		-	NLAWFUL TERMINATION OF A PREGNANCY IN THE SECOND
531		-	DEGREE IN VIOLATION OF SECTION
532		-	18-3.5-104;
	530	+	NLAWFUL TERMINATION OF A PREGNANCY IN THE SECOND11
	531	+	DEGREE IN VIOLATION OF SECTION 18-3.5-104;12
533	532		(k) F
534		-	IRST DEGREE ARSON IN VIOLATION OF SECTION 18-4-102;
	533	+	IRST DEGREE ARSON IN VIOLATION OF SECTION 18-4-102;13
535	534		(l) S
536		-	ECOND DEGREE ARSON IN VIOLATION OF SECTION 18-4-103;
	535	+	ECOND DEGREE ARSON IN VIOLATION OF SECTION 18-4-103;14
537	536		(m) T
538		-	HIRD DEGREE ARSON IN VIOLATION OF SECTION 18-4-104;
	537	+	HIRD DEGREE ARSON IN VIOLATION OF SECTION 18-4-104;15
539	538		(n) F
540		-	OURTH DEGREE ARSON IN VIOLATION OF SECTION 18-4-105;
	539	+	OURTH DEGREE ARSON IN VIOLATION OF SECTION 18-4-105;16
541	540		(o) H
542		-	ABITUAL CHILD ABUSE IN VIOLATION OF SECTION 18-6-401.2;
	541	+	ABITUAL CHILD ABUSE IN VIOLATION OF SECTION 18-6-401.2;17
543	542		(p) C
544		-	ONTRIBUTING TO THE DELINQUENCY OF A MINOR IN VIOLATION
545		-	OF SECTION
546		-	18-6-701;
	543	+	ONTRIBUTING TO THE DELINQUENCY OF A MINOR IN18
	544	+	VIOLATION OF SECTION 18-6-701;19
547	545		(q) P
548		-	ANDERING IN VIOLATION OF SECTION 18-7-203;
	546	+	ANDERING IN VIOLATION OF SECTION 18-7-203;20
549	547		(r) P
550		-	IMPING IN VIOLATION OF SECTION 18-7-206;
	548	+	IMPING IN VIOLATION OF SECTION 18-7-206;21
551	549		(s) P
552		-	ANDERING OF A CHILD IN VIOLATION OF SECTION 18-7-403;
	550	+	ANDERING OF A CHILD IN VIOLATION OF SECTION 18-7-403;22
553	551		(t) P
554		-	ROCUREMENT OF A CHILD IN VIOLATION OF SECTION 18-7-403.5;
	552	+	ROCUREMENT OF A CHILD IN VIOLATION OF SECTION23
	553	+	18-7-403.5;24
555	554		(u) K
556		-	EEPING A PLACE OF CHILD PROSTITUTION IN VIOLATION OF
557		-	SECTION
558		-	18-7-404;
	555	+	EEPING A PLACE OF CHILD PROSTITUTION IN VIOLATION OF25
	556	+	SECTION 18-7-404;26
559	557		(v) I
560		-	MPERSONATING A PEACE OFFICER IN VIOLATION OF SECTION
561		-	18-8-112;
	558	+	MPERSONATING A PEACE OFFICER IN VIOLATION OF SECTION27
	559	+	1257
	560	+	-17- 18-8-112;1
562	561		(w) D
563		-	ISARMING A PEACE OFFICER IN VIOLATION OF ~~SECTION~~
564		-	18-8-116;
	562	+	ISARMING A PEACE OFFICER IN VIOLATION OF SECTION2
	563	+	18-8-116;3
565	564		(x) A
566		-	IDING ESCAPE FROM AN INSTITUTION FOR THE CARE ~~AND~~
567		-	TREATMENT OF PERSONS WITH BEHAVIORAL OR MENTAL ~~HEALTH DISORDERS~~
568		-	~~PAGE 13-HOUSE BILL 22-1257~~ IN VIOLATION OF SECTION 18-8-201.1;
	565	+	IDING ESCAPE FROM AN INSTITUTION FOR THE CARE AND4
	566	+	TREATMENT OF PERSONS WITH BEHAVIORAL OR MENTAL HEALTH5
	567	+	DISORDERS IN VIOLATION OF SECTION 18-8-201.1;6
569	568		(y) A
570		-	SSAULT DURING ESCAPE IN VIOLATION OF SECTION 18-8-206;
	569	+	SSAULT DURING ESCAPE IN VIOLATION OF SECTION 18-8-206;7
571	570		(z) H
572		-	OLDING HOSTAGES IN VIOLATION OF SECTION 18-8-207;
	571	+	OLDING HOSTAGES IN VIOLATION OF SECTION 18-8-207;8
573	572		(aa) E
574		-	SCAPE IN VIOLATION OF SECTION 18-8-208;
	573	+	SCAPE IN VIOLATION OF SECTION 18-8-208;9
575	574		(bb) A
576		-	TTEMPT TO ESCAPE IN VIOLATION OF SECTION 18-8-208.1;
	575	+	TTEMPT TO ESCAPE IN VIOLATION OF SECTION 18-8-208.1;10
577	576		(cc) P
578		-	ARTICIPATION IN A RIOT IN DETENTION FACILITIES IN VIOLATION
579		-	OF SECTION
580		-	18-8-211;
	577	+	ARTICIPATION IN A RIOT IN DETENTION FACILITIES IN11
	578	+	VIOLATION OF SECTION 18-8-211;12
581	579		(dd) I
582		-	NTIMIDATING A JUROR IN VIOLATION OF SECTION 18-8-608;
	580	+	NTIMIDATING A JUROR IN VIOLATION OF SECTION 18-8-608;13
583	581		(ee) I
584		-	NCITING A RIOT IN VIOLATION OF SECTION 18-9-102;
	582	+	NCITING A RIOT IN VIOLATION OF SECTION 18-9-102;14
585	583		(ff) A
586		-	RMING A RIOTER IN VIOLATION OF SECTION 18-9-103;
	584	+	RMING A RIOTER IN VIOLATION OF SECTION 18-9-103;15
587	585		(gg) E
588		-	NGAGING IN A RIOT IN VIOLATION OF SECTION 18-9-104;
	586	+	NGAGING IN A RIOT IN VIOLATION OF SECTION 18-9-104;16
589	587		(hh) V
590		-	EHICULAR ELUDING IN VIOLATION OF SECTION 18-9-116.5;
	588	+	EHICULAR ELUDING IN VIOLATION OF SECTION 18-9-116.5;17
591	589		(ii) F
592		-	IREARMS, EXPLOSIVES, OR INCENDIARY DEVICES IN FACILITIES
593		-	OF PUBLIC TRANSPORTATION IN VIOLATION OF SECTION
594		-	18-9-118;
	590	+	IREARMS, EXPLOSIVES, OR INCENDIARY DEVICES IN FACILITIES18
	591	+	OF PUBLIC TRANSPORTATION IN VIOLATION OF SECTION 18-9-118;19
595	592		(jj) F
596		-	AILURE OR REFUSAL TO LEAVE PREMISES OR PROPERTY UPON
597		-	REQUEST OF A PEACE OFFICER IN VIOLATION OF SECTION
598		-	18-9-119;
	593	+	AILURE OR REFUSAL TO LEAVE PREMISES OR PROPERTY UPON20
	594	+	REQUEST OF A PEACE OFFICER IN VIOLATION OF SECTION 18-9-119;21
599	595		(kk) T
600		-	ERRORIST TRAINING ACTIVITIES IN VIOLATION OF ~~SECTION~~
601		-	18-9-120;
	596	+	ERRORIST TRAINING ACTIVITIES IN VIOLATION OF SECTION22
	597	+	18-9-120;23
602	598		(ll) A
603		-	GGRAVATED CRUELTY TO ANIMALS IN VIOLATION OF ~~SECTION~~
604		-	18-9-202;
	599	+	GGRAVATED CRUELTY TO ANIMALS IN VIOLATION OF SECTION24
	600	+	18-9-202;25
605	601		(mm) T
606		-	REASON IN VIOLATION OF SECTION 18-11-101;
	602	+	REASON IN VIOLATION OF SECTION 18-11-101;26
607	603		(nn) I
608		-	NSURRECTION IN VIOLATION OF SECTION 18-11-102;
609		-	~~(oo) A~~
610		-	~~DVOCATING~~ THE OVERTHROW OF THE GOVERNMENT IN
611		-	~~PAGE 14-HOUSE BILL 22-1257~~ VIOLATION OF SECTION 18-11-201;
	604	+	NSURRECTION IN VIOLATION OF SECTION 18-11-102;27
	605	+	1257
	606	+	-18- (oo) ADVOCATING THE OVERTHROW OF THE GOVERNMENT IN1
	607	+	VIOLATION OF SECTION 18-11-201;2
612	608		(pp) I
613		-	NCITING DESTRUCTION OF LIFE OR PROPERTY IN VIOLATION OF
614		-	SECTION
615		-	18-11-202;
	609	+	NCITING DESTRUCTION OF LIFE OR PROPERTY IN VIOLATION3
	610	+	OF SECTION 18-11-202;4
616	611		(qq) M
617		-	EMBERSHIP IN ANARCHIST AND SEDITIOUS ASSOCIATIONS IN
618		-	VIOLATION OF SECTION
619		-	18-11-203;
	612	+	EMBERSHIP IN ANARCHIST AND SEDITIOUS ASSOCIATIONS IN5
	613	+	VIOLATION OF SECTION 18-11-203;6
620	614		(rr) P
621		-	OSSESSING A DANGEROUS OR ILLEGAL WEAPON IN VIOLATION
622		-	OF SECTION
623		-	18-12-102;
	615	+	OSSESSING A DANGEROUS OR ILLEGAL WEAPON IN VIOLATION7
	616	+	OF SECTION 18-12-102;8
624	617		(ss) U
625		-	NLAWFULLY CARRYING A WEAPON IN VIOLATION OF ~~SECTION~~
626		-	18-12-105.5;
	618	+	NLAWFULLY CARRYING A WEAPON IN VIOLATION OF SECTION9
	619	+	18-12-105.5;10
627	620		(tt) U
628		-	SE OF A STUN GUN IN VIOLATION OF SECTION 18-12-106.5;
	621	+	SE OF A STUN GUN IN VIOLATION OF SECTION 18-12-106.5;11
629	622		(uu) I
630		-	LLEGAL DISCHARGE OF A FIREARM IN VIOLATION OF ~~SECTION~~
631		-	18-12-107.5;
	623	+	LLEGAL DISCHARGE OF A FIREARM IN VIOLATION OF SECTION12
	624	+	18-12-107.5;13
632	625		(vv) P
633		-	OSSESSION OF A WEAPON BY A PREVIOUS OFFENDER IN
634		-	VIOLATION OF SECTION
635		-	18-12-108 IF COMMITTED ON OR AFTER MARCH 1,
636		-	2022;
	626	+	OSSESSION OF A WEAPON BY A PREVIOUS OFFENDER IN14
	627	+	VIOLATION OF SECTION 18-12-108 IF COMMITTED ON OR AFTER MARCH 1,15
	628	+	2022;16
637	629		(ww) P
638		-	OSSESSION OF A HANDGUN BY A JUVENILE IN VIOLATION OF
639		-	SECTION
640		-	18-12-108.5;
	630	+	OSSESSION OF A HANDGUN BY A JUVENILE IN VIOLATION OF17
	631	+	SECTION 18-12-108.5;18
641	632		(xx) U
642		-	NLAWFULLY PROVIDING OR PERMITTING A JUVENILE TO
643		-	POSSESS A HANDGUN IN VIOLATION OF SECTION
644		-	18-12-108.7;
	633	+	NLAWFULLY PROVIDING OR PERMITTING A JUVENILE TO19
	634	+	POSSESS A HANDGUN IN VIOLATION OF SECTION 18-12-108.7;20
645	635		(yy) P
646		-	OSSESSION, USE, OR REMOVAL OF EXPLOSIVES OR INCENDIARY
647		-	DEVICES IN VIOLATION OF SECTION
648		-	18-12-109;
	636	+	OSSESSION, USE, OR REMOVAL OF EXPLOSIVES OR21
	637	+	INCENDIARY DEVICES IN VIOLATION OF SECTION 18-12-109;22
649	638		(zz) U
650		-	NLAWFUL PURCHASE OF A FIREARM IN VIOLATION ~~OF SECTION~~
651		-	18-12-111;
	639	+	NLAWFUL PURCHASE OF A FIREARM IN VIOLATION OF23
	640	+	SECTION 18-12-111;24
652	641		(aaa) P
653		-	OSSESSING A LARGE-CAPACITY MAGAZINE DURING ~~THE~~
654		-	COMMISSION OF A CRIME OF VIOLENCE IN VIOLATION OF ~~SECTION~~
655		-	18-12-302
656		-	~~(1)(c);~~
657		-	(bbb) D
658		-	~~UELING IN VIOLATION OF SECTION 18-13-104;~~
659		-	~~PAGE 15-HOUSE BILL 22-1257 (ccc) INTENTIONALLY~~ SETTING A WILDFIRE IN VIOLATION ~~OF SECTION~~
660		-	18-13-109.5;
	642	+	OSSESSING A LARGE-CAPACITY MAGAZINE DURING THE25
	643	+	COMMISSION OF A CRIME OF VIOLENCE IN VIOLATION OF SECTION26
	644	+	18-12-302 (1)(c);27
	645	+	1257
	646	+	-19- (bbb) DUELING IN VIOLATION OF SECTION 18-13-104;1
	647	+	(ccc) I
	648	+	NTENTIONALLY SETTING A WILDFIRE IN VIOLATION OF2
	649	+	SECTION 18-13-109.5;3
661	650		(ddd) U
662		-	NLAWFUL ADMINISTRATION OF KETAMINE IN VIOLATION OF
663		-	SECTION
664		-	18-13-123;
	651	+	NLAWFUL ADMINISTRATION OF KETAMINE IN VIOLATION OF4
	652	+	SECTION18-13-123;5
665	653		(eee) S
666		-	MUGGLING OF A HUMAN IN VIOLATION OF SECTION 18-13-128;
	654	+	MUGGLING OF A HUMAN IN VIOLATION OF SECTION6
	655	+	18-13-128;7
667	656		(fff) O
668		-	RGANIZED CRIME IN VIOLATION OF SECTION 18-17-104;
	657	+	RGANIZED CRIME IN VIOLATION OF SECTION 18-17-104;8
669	658		(ggg) A
670		-	SPECIAL OFFENDER IN VIOLATION OF SECTION 18-18-~~407~~
	659	+	SPECIAL OFFENDER IN VIOLATION OF SECTION 18-18-4079
671	660		(1)(d)(II);
672		-	~~AND~~
673		-	(hhh) A ~~CRIMINAL ATTEMPT, COMPLICITY, OR CONSPIRACY TO~~
674		-	~~COMMIT ANY OF THE OFFENSES LISTED IN THIS SUBSECTION~~
675		-	(7).
	661	+	AND10
	662	+	(hhh) A
	663	+	CRIMINAL ATTEMPT, COMPLICITY, OR CONSPIRACY TO11
	664	+	COMMIT ANY OF THE OFFENSES LISTED IN THIS SUBSECTION (7).12
676	665		SECTION 12. In Colorado Revised Statutes, 24-4.1-302.5, add
677		-	(1)(b.6) as follows:
678		-	24-4.1-302.5. Rights afforded to victims - definitions. (1) In order
679		-	to preserve and protect a victim's rights to justice and due process, each
680		-	victim of a crime has the following rights:
	666	+	13
	667	+	(1)(b.6) as follows:14
	668	+	24-4.1-302.5. Rights afforded to victims - definitions. (1) In15
	669	+	order to preserve and protect a victim's rights to justice and due process,16
	670	+	each victim of a crime has the following rights:17
681	671		(b.6) F
682		-	OR A VICTIM OF AN OFFENSE RESULTING IN A JUVENILE FELONY
683		-	ADJUDICATION
684		-	, THE RIGHT TO BE INFORMED OF THE FILING OF ANY PETITION
685		-	OR MOTION TO LEGALLY POSSESS
686		-	, USE, OR CARRY A FIREARM OR OTHER
687		-	WEAPON PURSUANT TO SECTION
688		-	18-12-108 (3)(b);
689		-	SECTION 13. Appropriation. For the 2022-23 state fiscal year,
690		-	$53,390 is appropriated to the judicial department for use by the probation
691		-	and related services division. This appropriation is from the general fund
692		-	and is based on an assumption that the department will require an additional
693		-	0.7 FTE. To implement this act, the division may use this appropriation for
694		-	probation programs.
695		-	SECTION 14. Effective date - applicability. (1) This act takes
696		-	effect upon passage; except that sections 3 and 4 of this act take effect July
697		-	1, 2023.
698		-	(2) Sections 1, 10, and 11 of this act apply to offenses committed
699		-	PAGE 16-HOUSE BILL 22-1257 on or after the effective date of this act.
700		-	SECTION 15. Safety clause. The general assembly hereby finds,
701		-	determines, and declares that this act is necessary for the immediate
702		-	preservation of the public peace, health, or safety.
703		-	____________________________ ____________________________
704		-	Alec Garnett Steve Fenberg
705		-	SPEAKER OF THE HOUSE PRESIDENT OF
706		-	OF REPRESENTATIVES THE SENATE
707		-	____________________________ ____________________________
708		-	Robin Jones Cindi L. Markwell
709		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
710		-	OF REPRESENTATIVES THE SENATE
711		-	APPROVED________________________________________
712		-	(Date and Time)
713		-	_________________________________________
714		-	Jared S. Polis
715		-	GOVERNOR OF THE STATE OF COLORADO
716		-	PAGE 17-HOUSE BILL 22-1257
	672	+	OR A VICTIM OF AN OFFENSE RESULTING IN A JUVENILE
	673	+	18
	674	+	FELONY ADJUDICATION, THE RIGHT TO BE INFORMED OF THE FILING OF ANY19
	675	+	PETITION OR MOTION TO LEGALLY POSSESS, USE, OR CARRY A FIREARM OR20
	676	+	OTHER WEAPON PURSUANT TO SECTION 18-12-108 (3)(b);21
	677	+	SECTION 13. Appropriation. For the 2022-23 state fiscal year,22
	678	+	$53,390 is appropriated to the judicial department for use by the23
	679	+	probation and related services division. This appropriation is from the24
	680	+	general fund and is based on an assumption that the department will25
	681	+	require an additional 0.7 FTE. To implement this act, the division may26
	682	+	use this appropriation for probation programs.27
	683	+	1257
	684	+	-20- SECTION 14. Effective date - applicability. (1) This act takes1
	685	+	effect upon passage; except that sections 3 and 4 of this act take effect2
	686	+	July 1, 2023.3
	687	+	(2) Sections 1, 10, and 11 of this act apply to offenses committed4
	688	+	on or after the effective date of this act.5
	689	+	SECTION 15. Safety clause. The general assembly hereby finds,6
	690	+	determines, and declares that this act is necessary for the immediate7
	691	+	preservation of the public peace, health, or safety.8
	692	+	1257
	693	+	-21-