Second Regular Session Seventy-third General Assembly STATE OF COLORADO REVISED This Version Includes All Amendments Adopted on Second Reading in the Second House LLS NO. 22-0684.01 Jerry Barry x4341 SENATE BILL 22-001 Senate Committees House Committees Local Government Judiciary Appropriations Appropriations A BILL FOR AN ACT C ONCERNING CRIME PREVENTION THROUGH SAFER STREETS UTILIZING101 DESIGN MANAGEMENT STRATEGIES , AND, IN CONNECTION 102 THEREWITH, MAKING AN APPROPRIATION .103 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 .) The bill creates the crime prevention through safer streets grant program (grant program) in the department of public safety (DPS). The bill requires DPS to issue requests for proposals to local governmental agencies for the agencies to identify areas where crime is prevalent. After identifying such areas, local governmental agencies can apply to DPS for HOUSE Amended 2nd Reading April 27, 2022 SENATE 3rd Reading Unamended March 25, 2022 SENATE Amended 2nd Reading March 24, 2022 SENATE SPONSORSHIP Buckner and Hinrichsen, Bridges, Coleman, Danielson, Fenberg, Fields, Ginal, Gonzales, Hansen, Jaquez Lewis, Kolker, Lee, Moreno, Pettersen, Story, Winter, Zenzinger HOUSE SPONSORSHIP Ricks and Tipper, 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. grants for improvements designed to create safer streets. The bill directs DPS to establish policies and procedures for the grant program. It also creates an advisory committee to review grant requests and make recommendations to the executive director of DPS. The executive director reviews responses to the requests for proposals and grants and determines which local governmental agencies will receive money and the amount of each grant. The bill appropriates $10.3 million to DPS for the grant program. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, add 24-33.5-117 as2 follows:3 24-33.5-117. Crime prevention through safer streets grant4 program - created - committee - reports - repeal. (1) T HERE IS5 CREATED IN THE DEPARTMENT THE CRIME PREVENTION THROUGH SAFER6 STREETS GRANT PROGRAM, REFERRED TO IN THIS SECTION AS THE "GRANT7 PROGRAM". THE GRANT PROGRAM ALLOWS THE DEPARTMENT AND LOCAL8 GOVERNMENTS TO EVALUATE AND DESIGN SAFER STREETS AND9 NEIGHBORHOOD MODELS THAT DISCOURAGE CRIME , REVITALIZE10 COMMUNITY IMAGE, AND ESTABLISH PLACE-SPECIFIC CRIME PREVENTION11 STRATEGIES THAT ACCOUNT FOR GEOGRAPHIC , CULTURAL, ECONOMIC,12 AND SOCIAL CHARACTERISTICS OF THE TARGET AREAS . THE DEPARTMENT13 SHALL ADMINISTER THE GRANT PROGRAM PURSUANT TO THIS SECTION .14 AND SOCIAL CHARACTERISTICS OF THE TARGET AREAS . SUBJECT TO15 AVAILABLE APPROPRIATIONS, THE DEPARTMENT MAY PROVIDE TECHNICAL16 ASSISTANCE TO AGENCIES INTERESTED IN SUBMITTING RESPONSIVE17 PROPOSALS. AFTER AREAS WHERE CRIME IS MORE PREVALENT ARE18 IDENTIFIED, LOCAL GOVERNMENTAL AGENCIES MAY SUBMIT A GRANT19 APPLICATION TO THE DEPARTMENT FOR A GRANT TO PAY FOR20 IMPROVEMENTS DESIGNED TO DECREASE THE INCIDENCE OF CRIME AND21 001-2- CREATE SAFER STREETS. A LOCAL GOVERNMENTAL AGENCY MAY PARTNER1 WITH A COMMUNITY-BASED NONPROFIT ORGANIZATION TO SUBMIT A JOINT2 APPLICATION TO THE DEPARTMENT FOR A GRANT TO PAY FOR3 IMPROVEMENTS DESIGNED TO DECREASE THE INCIDENCE OF CRIME AND4 CREATE SAFER STREETS. SUCH IMPROVEMENTS MAY INCLUDE :5 (a) B ETTER LIGHTING;6 (b) I MPROVED TRASH COLLECTION ;7 (c) A CCESS CONTROL;8 (d) T ERRITORIAL REINFORCEMENT ; AND9 (e) I MPROVED SPACE MANAGEMENT .10 (2) T HE DEPARTMENT SHALL DEVELOP POLICIES AND PROCEDURES :11 (a) F OR LOCAL GOVERNMENTAL AGENCIES TO SUBMIT RESPONSES12 TO THE REQUESTS FOR PROPOSALS AND GRANT APPLICATIONS TO GUIDE13 LOCAL GOVERNMENTAL AGENCIES IN THEIR APPLICATIONS FOR GRANTS;14 15 (b) E NSURING THAT MONEY FROM THE GRANT AWARD IS NOT USED 16 FOR:17 (I) H IRING LAW ENFORCEMENT OR CODE ENFORCEMENT 18 PERSONNEL OR PEACE OFFICERS;19 (II) F ACIAL RECOGNITION PURPOSES; OR 20 (III) S URVEILLANCE PROGRAMS THAT UTILIZE NETWORKS OF 21 SENSORS TO DETECT GUNSHOTS , COMMONLY REFERRED TO AS A22 "S HOTSPOTTER" PROGRAM; 23 (c) E NSURING THAT MONEY FROM THE GRANT AWARD ENHANCES 24 COMMUNITY SAFETY BOTH INSIDE AND OUTSIDE OF URBAN AREAS ; AND25 (d) RELATED TO HOW MONEY IS DISBURSED TO AGENCIES .26 (3) A LL GRANT APPLICATIONS MUST ADDRESS : 27 001 -3- (a) THE TARGET AREA AND CRIME CHALLENGE THE APPLICANT1 HOPES TO ADDRESS;2 (b) DATA REGARDING THE INCIDENCE OF CRIME IN THE TARGET3 AREA, DISAGGREGATED BY THE TYPE OF CRIME, AND DEMOGRAPHIC DATA;4 (c) THE SPECIFIC PROJECTS THE GRANT WOULD FUND ;5 (d) MEASURABLE OR OBSERVABLE GOALS TO DECREASE THE6 INCIDENCE OF CRIME, DISAGGREGATED BY THE TYPE OF CRIME ;7 (e) DETAILS ON HOW THE APPLICANT HAS COLLABORATED WITH8 COMMUNITIES AND OTHER AGENCIES IN DEVELOPING THE IMPROVEMENTS9 TO BE FUNDED UNDER THE APPLICATION ; AND10 (f) DETAILS ON HOW THE PLAN WOULD PREVENT THE11 DISPLACEMENT OF HOMELESS POPULATIONS AND HARM TO COMMUNITIES12 OF COLOR AND VULNERABLE POPULATIONS .13 (4) PRIOR TO SUBMITTING GRANT APPLICATIONS TO THE14 DEPARTMENT, LOCAL GOVERNMENT AGENCIES SHALL SOLICIT FEEDBACK15 AND CONSULT WITH IMPACTED COMMUNITIES , INCLUDING BUT NOT16 LIMITED TO AREA RESIDENTS AND BUSINESS OWNERS ; HOMEOWNERS'17 ASSOCIATIONS; REGISTERED NEIGHBORHOOD ORGANIZATIONS ; AND18 EXPERTS IN ENVIRONMENTAL DESIGN , INCLUDING URBAN AND19 TRANSPORTATION PLANNING PROFESSIONALS AND ARCHITECTS WITH20 RELEVANT EXPERIENCE IN ENVIRONMENTAL DESIGN .21 (5) THE EXECUTIVE DIRECTOR SHALL:22 (a) R EVIEW RESPONSES TO REQUESTS FOR PROPOSALS TO IDENTIFY23 AREAS AROUND THE STATE WHERE CRIME IS MORE PREVALENT , SELECT24 LOCAL GOVERNMENTAL AGENCIES TO RECEIVE MONEY TO IDENTIFY SUCH25 AREAS, AND DETERMINE THE AMOUNT OF MONEY FOR EACH AGENCY ;26 (b) DEVELOP AND DISTRIBUTE GUIDELINES THAT APPLICANTS MUST27 001 -4- USE TO DEMONSTRATE:1 (I) SUFFICIENT CONSULTATION AND COLLABORATION WITH THE2 RELEVANT IMPACTED COMMUNITY WHERE A PROJECT WOULD TAKE PLACE ;3 (II) SUFFICIENT INDICATION OF COMMUNITY SUPPORT FOR THE4 PROJECTS INCLUDED IN THE GRANT APPLICATION ; AND5 (III) A SUFFICIENT PLAN TO PREVENT THE DISPLACEMENT OF6 HOMELESS POPULATIONS AND HARMS TO COMMUNITIES OF COLOR AND7 OTHER VULNERABLE POPULATIONS .8 (c) APPOINT MEMBERS OF THE CRIME PREVENTION THROUGH SAFER9 STREETS ADVISORY COMMITTEE ESTABLISHED PURSUANT TO SUBSECTION10 (6) OF THIS SECTION; AND11 (d) SELECT GRANT RECIPIENTS FOR THE GRANT PROGRAM AND12 DETERMINE THE AMOUNT OF EACH GRANT AFTER REVIEWING THE13 RECOMMENDATIONS OF THE COMMITTEE AND DETERMINING THAT EACH14 SELECTED APPLICANT HAS DEMONSTRATED :15 (I) SUFFICIENT CONSULTATION AND COLLABORATION WITH THE16 RELEVANT IMPACTED COMMUNITY WHERE A PROJECT WOULD TAKE PLACE ;17 (II) SUFFICIENT INDICATION OF COMMUNITY SUPPORT FOR THE18 PROJECTS INCLUDED IN THE GRANT APPLICATION ; AND19 (III) A SUFFICIENT PLAN TO PREVENT THE DISPLACEMENT OF20 HOMELESS POPULATIONS AND HARMS TO COMMUNITIES OF COLOR AND21 OTHER VULNERABLE POPULATIONS .22 (6) (a) THERE IS CREATED IN THE DEPARTMENT THE CRIME23 PREVENTION THROUGH SAFER STREETS ADVISORY COMMITTEE , REFERRED24 TO IN THIS SECTION AS THE "COMMITTEE". THE COMMITTEE CONSISTS OF25 THE FOLLOWING ELEVEN PERSONS , WHO ARE APPOINTED BY THE26 EXECUTIVE DIRECTOR:27 001 -5- (I) TWO MEMBERS OF LAW ENFORCEMENT ;1 (II) T WO ELECTED LOCAL OFFICIALS , ONE FROM AN URBAN 2 COMMUNITY AND ONE FROM A RURAL COMMUNITY ;3 (III) A N EXPERT IN SITUATIONAL CRIME PREVENTION ; 4 (IV) T HREE PERSONS FROM ORGANIZATIONS REPRESENTING 5 COMMUNITY INTERESTS;6 (V) A N EXPERT WITH A BACKGROUND IN URBAN OR 7 TRANSPORTATION PLANNING ;8 (VI) A N ARCHITECT WITH EXPERIENCE IN CRIME PREVENTION9 THROUGH ENVIRONMENTAL DESIGN ; AND10 (VII) A N EXPERT IN EQUITY, DIVERSITY, AND INCLUSIVITY IN THE 11 LAW ENFORCEMENT OR PUBLIC SAFETY FIELD .12 (b) M EMBERS OF THE COMMITTEE SERVE WIT HOUT COMPENSATION13 AND WITHOUT REIMBURSEMENT FOR EXPENSES .14 (c) T HE COMMITTEE SHALL REVIEW APPLICATIONS FOR GRANTS15 FOR SAFER STREETS AND MAKE RECOMMENDATIONS TO THE EXECUTIVE16 DIRECTOR FOR WHICH GRANTS TO APPROVE AND THE AMOUNT OF EACH17 GRANT. IN MAKING ITS RECOMMENDATIONS , THE COMMITTEE SHALL 18 CONSIDER THE APPLICANT'S:19 (I) PLAN TO PREVENT:20 (A) THE DISPLACEMENT OF HOMELESS POPULATIONS ; AND21 (B) HARM TO COMMUNITIES OF COLOR AND VULNERABLE22 POPULATIONS; AND23 (II) MEASURABLE OR OBSERVABLE GOALS TO DECREASE THE24 INCIDENCE OF CRIME IN ACCORDANCE WITH SUBSECTION (3)(d) OF THIS25 SECTION.26 (7) THE GENERAL ASSEMBLY SHALL APPROPRIATE TEN MILLION27 001 -6- THREE HUNDRED THOUSAND DOLLARS IN FISCAL YEAR 2022-23 FROM THE1 GENERAL FUND FOR THE GRANT PROGRAM .2 (8) ON OR BEFORE JUNE 30, 2024, EACH LOCAL GOVERNMENTAL3 AGENCY THAT RECEIVES A GRANT SHALL PROVIDE A FINAL REPORT TO THE4 DEPARTMENT DESCRIBING HOW THE GRANT MONEY WAS UTILIZED AND5 WHAT MEASURABLE OR OBSERVABLE IMPACTS THE USE OF THE GRANT6 MONEY HAD ON REDUCING CRIME DISAGGREGATED BY THE TYPE OF CRIME7 AND DEMOGRAPHIC INFORMATION. ON OR BEFORE OCTOBER 1, 2023, THE8 DEPARTMENT SHALL SUBMIT A SUMMARY OF THE REPORTS TO THE9 JUDICIARY COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND SENATE ,10 OR TO ANY SUCCESSOR COMMITTEES .11 (9) THIS SECTION IS REPEALED, EFFECTIVE NOVEMBER 1, 2023.12 SECTION 2. Appropriation. For the 2022-23 state fiscal year,13 $10,300,000 is appropriated to the department of public safety for use by14 the division of criminal justice. This appropriation is from the general15 fund and is based on an assumption that the department will require an16 additional 2.0 FTE. To implement this act, the department may use this17 appropriation for DCJ administrative services.18 SECTION 3. Safety clause. The general assembly hereby finds,19 determines, and declares that this act is necessary for the immediate20 preservation of the public peace, health, or safety.21 001 -7-