Colorado 2023 Regular Session

Colorado House Bill HB1187 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0510.04 Alana Rosen x2606
1	8		HOUSE BILL 23-1187
2		-	BY REPRESENTATIVE(S) Bacon and Amabile, Boesenecker, Brown,
3		-	deGruy Kennedy, Dickson, Duran, English, Epps, Froelich, Garcia, Herod,
4		-	Jodeh, Joseph, Lindsay, Lindstedt, Mabrey, Michaelson Jenet, Ricks,
5		-	Sharbini, Sirota, Story, Titone, Vigil, Weissman, Willford, Woodrow, Bird,
6		-	Gonzales-Gutierrez, Hamrick, Kipp, Lieder, Martinez, Parenti, Snyder,
7		-	Velasco, Young, McCluskie;
8		-	also SENATOR(S) Gonzales and Fields, Buckner, Coleman, Cutter,
9		-	Danielson, Exum, Jaquez Lewis, Kolker, Marchman, Moreno, Priola,
10		-	Rodriguez, Winter F.
	9	+	House Committees Senate Committees
	10	+	Judiciary Judiciary
	11	+	Appropriations
	12	+	A BILL FOR AN ACT
11	13		C
12		-	ONCERNING ALTERNATIVES IN THE CRIMINAL JUSTICE SYSTEM FOR
13		-	PREGNANT PERSONS
14		-	.
15		-
16		-	Be it enacted by the General Assembly of the State of Colorado:
17		-	SECTION 1. In Colorado Revised Statutes, add 18-1.3-103.7 as
18		-	follows:
19		-	18-1.3-103.7. Alternative options for pregnant and postpartum
20		-	people - legislative declaration - definitions. (1) (a) T
21		-	HE GENERAL
22		-	ASSEMBLY FINDS AND DECLARES THAT
23		-	:
24		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
25		-	officers and the Governor. To determine whether the Governor has signed the bill
26		-	or taken other action on it, please consult the legislative status sheet, the legislative
27		-	history, or the Session Laws.
28		-	________
29		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
30		-	through words or numbers indicate deletions from existing law and such material is not part of
31		-	the act. (I) THERE IS AN INCREASING FEMALE POPULATION IN PRISONS AND
32		-	JAILS
33		-	;
	14	+	ONCERNING ALTERNATIVES IN THE CRIMINAL JUSTICE SYSTEM FOR101
	15	+	PREGNANT PERSONS.102
	16	+	Bill Summary
	17	+	(Note: This summary applies to this bill as introduced and does
	18	+	not reflect any amendments that may be subsequently adopted. If this bill
	19	+	passes third reading in the house of introduction, a bill summary that
	20	+	applies to the reengrossed version of this bill will be available at
	21	+	http://leg.colorado.gov
	22	+	.)
	23	+	In determining bond or alternative sentences for a pregnant or
	24	+	postpartum defendant (defendant), the bill requires the court to consider
	25	+	whether the defendant poses a substantial risk to the public and whether
	26	+	that substantial risk outweighs the risks of incarceration.
	27	+	If a defendant is arrested or in custody at a county jail or
	28	+	correctional facility, the defendant may request a pregnancy test following
	29	+	SENATE
	30	+	3rd Reading Unamended
	31	+	April 24, 2023
	32	+	SENATE
	33	+	Amended 2nd Reading
	34	+	April 21, 2023
	35	+	HOUSE
	36	+	3rd Reading Unamended
	37	+	March 3, 2023
	38	+	HOUSE
	39	+	Amended 2nd Reading
	40	+	March 2, 2023
	41	+	HOUSE SPONSORSHIP
	42	+	Bacon and Amabile, Boesenecker, Brown, deGruy Kennedy, Dickson, Duran, English,
	43	+	Epps, Froelich, Garcia, Herod, Jodeh, Joseph, Lindsay, Lindstedt, Mabrey, Michaelson Jenet,
	44	+	Ricks, Sharbini, Sirota, Story, Titone, Vigil, Weissman, Willford, Woodrow
	45	+	SENATE SPONSORSHIP
	46	+	Gonzales and Fields, Buckner, Coleman, Cutter, Danielson, Exum, Jaquez Lewis, Kolker,
	47	+	Marchman, Moreno, Priola, Rodriguez, Winter F.
	48	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	49	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	50	+	Dashes through the words or numbers indicate deletions from existing law. admission to the county jail or correctional facility. A sheriff or
	51	+	department of corrections staffperson shall provide a pregnancy test to the
	52	+	defendant within 24 hours after the request. Requesting the test, taking
	53	+	the test, and results of the test are confidential medical information and
	54	+	must not to be disclosed, except when the defendant receives medical
	55	+	care.
	56	+	The bill allows a court to consider the following forms of
	57	+	alternative sentencing for the defendant:
	58	+	! A diversion;
	59	+	! A deferred judgment and sentence;
	60	+	! A stay of execution (stay); or
	61	+	! An unaccompanied furlough (furlough).
	62	+	If the defendant is convicted of a new crime or violates substantive
	63	+	conditions imposed by a court while a stay or furlough is imposed, the
	64	+	court may add conditions, issue warrants, end the stay or furlough, or
	65	+	continue the stay or furlough.
	66	+	On or before December 1, 2024, and on or before each December
	67	+	1 thereafter, the judicial branch is required to submit an annual report to
	68	+	the judiciary committees of the house of representatives and the senate,
	69	+	or their successor committees, with information on, among other things,
	70	+	the total number of defendants who were sentenced or released.
	71	+	The bill applies to pregnant or postpartum juveniles (juvenile). In
	72	+	determining commitment, bond, or alternative sentences for a juvenile,
	73	+	the bill requires the court to consider whether the juvenile poses a
	74	+	substantial risk to the public and whether that substantial risk outweighs
	75	+	the risks of commitment. The bill allows the following forms of
	76	+	alternative sentencing for the juvenile:
	77	+	! A diversion;
	78	+	! A deferred judgment and sentence;
	79	+	! A stay; or
	80	+	! A furlough.
	81	+	On or before December 1, 2024, and on or before each December
	82	+	1 thereafter, the department of human services is required to submit an
	83	+	annual report to the judiciary committees of the house of representatives
	84	+	and the senate, or their successor committees, with information on, among
	85	+	other things, the total number of juveniles who were sentenced or
	86	+	released.
	87	+	Current law requires a court to admit in a criminal proceeding
	88	+	information that is reported by mandatory reporters related to a
	89	+	defendant's substance use discovered in the course of medical care related
	90	+	to pregnancy. The bill eliminates the requirement.
	91	+	Be it enacted by the General Assembly of the State of Colorado:1
	92	+	1187-2- SECTION 1. In Colorado Revised Statutes, add 18-1.3-103.7 as1
	93	+	follows:2
	94	+	18-1.3-103.7. Alternative options for pregnant and postpartum3
	95	+	people - legislative declaration - definitions. (1) (a) T HE GENERAL4
	96	+	ASSEMBLY FINDS AND DECLARES THAT :5
	97	+	(I) T
	98	+	HERE IS AN INCREASING FEMALE POPULATION IN PRISONS AND6
	99	+	JAILS;7
34	100		(II) W
35		-	HILE NO SYSTEM IS PERFECT IN RESPONDING TO THE MEDICAL
36		-	CONDITIONS OF PREGNANCY
37		-	, CORRECTIONAL FACILITIES AND COUNTY JAILS
38		-	ARE PARTICULARLY ILL
39		-	-EQUIPPED TO DO SO;
	101	+	HILE NO SYSTEM IS PERFECT IN RESPONDING TO THE MEDICAL8
	102	+	CONDITIONS OF PREGNANCY , CORRECTIONAL FACILITIES AND COUNTY9
	103	+	JAILS ARE PARTICULARLY ILL-EQUIPPED TO DO SO;10
40	104		(III) D
41		-	URING CRIMINAL CASES INVOLVING A PREGNANT OR
42		-	POSTPARTUM DEFENDANT
43		-	, THE PHYSICAL AND MENTAL HEALTH NEEDS OF
44		-	THE PREGNANT DEFENDANT OR THE POSTPARTUM DEFENDANT AND
45		-	NEWBORN MUST BE CONSIDERED AT ALL STAGES OF THE PROCEEDING AS A
46		-	MATTER OF COMMUNITY HEALTH AND SAFETY
47		-	;
	105	+	URING CRIMINAL CASES INVOLVING A PREGNANT OR11
	106	+	POSTPARTUM DEFENDANT , THE PHYSICAL AND MENTAL HEALTH NEEDS OF12
	107	+	THE PREGNANT DEFENDANT OR THE POSTPARTUM DEFENDANT AND13
	108	+	NEWBORN MUST BE CONSIDERED AT ALL STAGES OF THE PROCEEDING AS14
	109	+	A MATTER OF COMMUNITY HEALTH AND SAFETY ;15
48	110		(IV) T
49		-	IMELY ATTENTION TO MEDICAL CONDITIONS AND MENTAL
50		-	HEALTH DURING THE PERINATAL PERIOD CAN IMPROVE HEALTH AND
51		-	WELFARE FOR MULTIPLE GENERATIONS OF A FAMILY UNIT
52		-	;
	111	+	IMELY ATTENTION TO MEDICAL CONDITIONS AND MENTAL16
	112	+	HEALTH DURING THE PERINATAL PERIOD CAN IMPROVE HEALTH AND17
	113	+	WELFARE FOR MULTIPLE GENERATIONS OF A FAMILY UNIT ;18
53	114		(V) P
54		-	REGNANCY IS A TIME-SENSITIVE PROCESS THAT HAS MANY
55		-	POTENTIAL OUTCOMES AND VARIATIONS
56		-	. A PREGNANT PERSON MAY FEEL
57		-	HEALTHY AND EXPERIENCE NO COMPLICATIONS
58		-	. A PREGNANT PERSON MAY
59		-	ALSO EXPERIENCE SUDDEN
60		-	, HARMFUL MEDICAL CONDITIONS , SUCH AS
61		-	PREECLAMPSIA OR PLACENTAL ABRUPTION
62		-	, OR DEVELOP COMPLEX MEDICAL
63		-	CONDITIONS THAT RESULT IN THE EARLY TERMINATION OF A PREGNANCY OR
64		-	THREATEN THE LIFE OF THE PREGNANT PERSON
65		-	, SUCH AS AN ECTOPIC
66		-	PREGNANCY
67		-	. AT ANY STAGE OF THE PERINATAL PERIOD , SITUATIONS CAN
68		-	OCCUR THAT CAUSE LONG
69		-	-TERM PHYSICAL AND MENTAL HEALTH TRAUMA
70		-	FOR THE PREGNANT PERSON
71		-	.
	115	+	REGNANCY IS A TIME-SENSITIVE PROCESS THAT HAS MANY19
	116	+	POTENTIAL OUTCOMES AND VARIATIONS . A PREGNANT PERSON MAY FEEL20
	117	+	HEALTHY AND EXPERIENCE NO COMPLICATIONS . A PREGNANT PERSON MAY21
	118	+	ALSO EXPERIENCE SUDDEN , HARMFUL MEDICAL CONDITIONS , SUCH AS22
	119	+	PREECLAMPSIA OR PLACENTAL ABRUPTION , OR DEVELOP COMPLEX23
	120	+	MEDICAL CONDITIONS THAT RESULT IN THE EARLY TERMINATION OF A24
	121	+	PREGNANCY OR THREATEN THE LIFE OF THE PREGNANT PERSON , SUCH AS25
	122	+	AN ECTOPIC PREGNANCY . AT ANY STAGE OF THE PERINATAL PERIOD ,26
	123	+	SITUATIONS CAN OCCUR THAT CAUSE LONG -TERM PHYSICAL AND MENTAL27
	124	+	1187
	125	+	-3- HEALTH TRAUMA FOR THE PREGNANT PERSON .1
72	126		(VI) C
73		-	RIMINAL PROCEEDINGS ARE NOT RESPONSIVE TO THE TIMELINE
74		-	OR COMPLEXITY OF THE PERINATAL PERIOD
75		-	;
	127	+	RIMINAL PROCEEDINGS ARE NOT RESPONSIVE TO THE2
	128	+	TIMELINE OR COMPLEXITY OF THE PERINATAL PERIOD ;3
76	129		(VII) W
77		-	HEN A SUBSTANCE USE DISORDER INTERSECTS WITH A
78		-	PREGNANCY
79		-	, IT IS BEST HANDLED AS A HEALTH CONDITION. INCREASING THE
80		-	TIME A PREGNANT PERSON WITH A SUBSTANCE USE DISORDER IS IN A
81		-	CORRECTIONAL FACILITY OR COUNTY JAIL IS COUNTER TO PUBLIC HEALTH
82		-	AND MAY DRIVE THE PREG NANT PERSON AWAY FROM MEDICAL CARE AND
83		-	SUPPORT SERVICES
84		-	.
	130	+	HEN A SUBSTANCE USE DISORDER INTERSECTS WITH A4
	131	+	PREGNANCY, IT IS BEST HANDLED AS A HEALTH CONDITION. INCREASING5
	132	+	THE TIME A PREGNANT PERSON WITH A SUBSTANCE USE DISORDER IS IN A6
	133	+	CORRECTIONAL FACILITY OR COUNTY JAIL IS COUNTER TO PUBLIC HEALTH7
	134	+	AND MAY DRIVE THE PREGNANT PERSON AWAY FROM MEDICAL CARE AND8
	135	+	SUPPORT SERVICES.9
85	136		(VIII) T
86		-	HE END OF THE PREGNANCY DOES NOT ~~IMMEDIATELY~~
87		-	TERMINATE THE EFFECTS OF THE PREGNANCY ON THE PERSON WHO ~~WAS~~
88		-	~~PAGE 2-HOUSE BILL 23-1187~~ PREGNANT;
	137	+	HE END OF THE PREGNANCY DOES NOT IMMEDIATELY10
	138	+	TERMINATE THE EFFECTS OF THE PREGNANCY ON THE PERSON WHO WAS11
	139	+	PREGNANT;12
89	140		(IX) T
90		-	HE POSTPARTUM PERIOD IS AN ESSENTIAL TIME FRAME FOR
91		-	BOTH THE PERSON WHO GAVE BIRTH AND THE NEWBORN
92		-	. IT IS AN
93		-	OPPORTUNITY FOR THE NEWBORN
94		-	:
	141	+	HE POSTPARTUM PERIOD IS AN ESSENTIAL TIME FRAME FOR13
	142	+	BOTH THE PERSON WHO GAVE BIRTH AND THE NEWBORN . IT IS AN14
	143	+	OPPORTUNITY FOR THE NEWBORN :15
95	144		(A) T
96		-	O DEVELOP HEALTHY PHYSIOLOGIC RESPONSES ; ~~AND~~
97		-	(B) ~~TO BENEFIT FROM THE ATTACHMENT AND BONDING THAT~~
98		-	~~OCCURS DURING THIS PERIOD~~
99		-	;
	145	+	O DEVELOP HEALTHY PHYSIOLOGIC RESPONSES ; AND16
	146	+	(B) T
	147	+	O BENEFIT FROM THE ATTACHMENT AND BONDING THAT17
	148	+	OCCURS DURING THIS PERIOD;18
100	149		(X) B
101		-	ONDING BETWEEN A NEWBORN AND PARENT DURING THE
102		-	POSTPARTUM PERIOD CAN IMPROVE CONDITIONS FOR OTHER CHILDREN AND
103		-	CARE PROVIDERS IN THE SAME FAMILY UNIT AND PREVENT CHILD ABUSE AND
104		-	NEGLECT
105		-	; AND
106		-	(XI) BONDING BETWEEN A NEWBORN AND A PARENT CAN IMPROVE
107		-	THE OVERALL HEALTH OF THE NEWBORN AND THE PARENT AND MAY
108		-	PREVENT OR REDUCE LONG
109		-	-TERM HEALTH RISKS THAT MAY BE INCREASED
110		-	BY SEPARATING THE NEWBORN FROM THE PARENT
111		-	. FOR EXAMPLE:
	150	+	ONDING BETWEEN A NEWBORN AND PARENT DURING THE19
	151	+	POSTPARTUM PERIOD CAN IMPROVE CONDITIONS FOR OTHER CHILDREN20
	152	+	AND CARE PROVIDERS IN THE SAME FAMILY UNIT AND PREVENT CHILD21
	153	+	ABUSE AND NEGLECT; AND22
	154	+	(XI) B
	155	+	ONDING BETWEEN A NEWBORN AND A PARENT CAN IMPROVE23
	156	+	THE OVERALL HEALTH OF THE NEWBORN AND THE PARENT AND MAY24
	157	+	PREVENT OR REDUCE LONG-TERM HEALTH RISKS THAT MAY BE INCREASED25
	158	+	BY SEPARATING THE NEWBORN FROM THE PARENT . FOR EXAMPLE:26
112	159		(A) A
113		-	POSTPARTUM PERSON WHO DOES NOT BREASTFEED OR
114		-	CHESTFEED A NEWBORN MAY HAVE AN INCREASED LIKELIHOOD OF
115		-	PREMENOPAUSAL BREAST CANCER
116		-	, OVARIAN CANCER, OR TYPE 2 DIABETES;
	160	+	POSTPARTUM PERSON WHO DOES NOT BREASTFEED OR27
	161	+	1187
	162	+	-4- CHESTFEED A NEWBORN MAY HAVE AN INCREASED LIKELIHOOD OF1
	163	+	PREMENOPAUSAL BREAST CANCER , OVARIAN CANCER , OR TYPE 22
	164	+	DIABETES;3
117	165		(B) A
118		-	NEWBORN WHO IS NOT BREASTFED OR CHESTFED MAY HAVE AN
119		-	INCREASED LIKELIHOOD OF CHILDHOOD OBESITY
120		-	, ASTHMA, TYPE 1 OR TYPE
121		-	2 DIABETES, LEUKEMIA, OR SUDDEN INFANT DEATH SYNDROME ; AND
122		-	(C) A CHILD WHO IS SEPARATED FROM ANY PARENT MAY EXPERIENCE
123		-	STRESS HORMONES
124		-	, WHICH MAY LEAD TO DIFFICULTY SLEEPING ,
125		-	DEVELOPMENTAL REGRESSION , HEART DISEASE, HYPERTENSION, OBESITY,
126		-	DIABETES, OR DECREASED LIFE SPAN. A NEWBORN WHO IS SEPARATED FROM
127		-	A PARENT MAY ALSO EXPERIENCE PERMANENT ARCHITECTURAL CHANGES IN
128		-	THE BRAIN
129		-	, INCLUDING A LOWER INTELLIGENCE QUOTIENT OR AN INCREASED
130		-	LIKELIHOOD OF DEPRESSION
131		-	, SUICIDAL IDEATION, OR ADDICTION TO
132		-	ALCOHOL OR GAMBLING
133		-	.
	166	+	NEWBORN WHO IS NOT BREASTFED OR CHESTFED MAY HAVE4
	167	+	AN INCREASED LIKELIHOOD OF CHILDHOOD OBESITY , ASTHMA, TYPE 1 OR5
	168	+	TYPE 2 DIABETES, LEUKEMIA, OR SUDDEN INFANT DEATH SYNDROME ; AND6
	169	+	(C) A
	170	+	CHILD WHO IS SEPARATED FROM ANY PARENT MAY7
	171	+	EXPERIENCE STRESS HORMONES , WHICH MAY LEAD TO DIFFICULTY8
	172	+	SLEEPING, DEVELOPMENTAL REGRESSION, HEART DISEASE, HYPERTENSION,9
	173	+	OBESITY, DIABETES, OR DECREASED LIFE SPAN . A NEWBORN WHO IS10
	174	+	SEPARATED FROM A PARENT MAY ALSO EXPERIENCE PERMANENT11
	175	+	ARCHITECTURAL CHANGES IN THE BRAIN , INCLUDING A LOWER12
	176	+	INTELLIGENCE QUOTIENT OR AN INCREASED LIKELIHOOD OF DEPRESSION ,13
	177	+	SUICIDAL IDEATION, OR ADDICTION TO ALCOHOL OR GAMBLING .14
134	178		(b) T
135		-	HE GENERAL ASSEMBLY FINDS , THEREFORE, THAT ALL
136		-	ALTERNATIVES TO PROSECUTION
137		-	, COMMITMENT, AND INCARCERATION OF A
138		-	PAGE 3-HOUSE BILL 23-1187 PREGNANT OR POSTPARTUM PERSON MUST BE CONSIDERED , INCLUDING A
139		-	STAY OF CRIMINAL PROCEEDINGS OR SENTENCING TO REDUCE THE
140		-	LIKELIHOOD OF NEGATIVE HEALTH AND SOCIAL OUTCOMES FOR THE PARENT
141		-	,
142		-	NEWBORN CHILD, AND COMMUNITY.
143		-	(c) I
144		-	T IS THE INTENT OF THE GENERAL ASSEMBLY THAT A PERSON
145		-	WHO COERCES OR EXTORTS A PREGNANT OR POSTPARTUM PERSON IN THE
146		-	COMMISSION OF CRIMES SHOULD BE SUBJECT TO BEING INVESTIGATED AND
147		-	,
148		-	AS APPROPRIATE, PROSECUTED FOR A CRIMINAL ACT PURSUANT TO THIS
149		-	TITLE
150		-	18.
	179	+	HE GENERAL ASSEMBLY FINDS , THEREFORE, THAT ALL15
	180	+	ALTERNATIVES TO PROSECUTION , COMMITMENT, AND INCARCERATION OF16
	181	+	A PREGNANT OR POSTPARTUM PERSON MUST BE CONSIDERED , INCLUDING17
	182	+	A STAY OF CRIMINAL PROCEEDINGS OR SENTENCING TO REDUCE THE18
	183	+	LIKELIHOOD OF NEGATIVE HEALTH AND SOCIAL OUTCOMES FOR THE19
	184	+	PARENT, NEWBORN CHILD, AND COMMUNITY.20
	185	+	(c) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT A PERSON21
	186	+	WHO COERCES OR EXTORTS A PREGNANT OR POSTPARTUM PERSON IN THE22
	187	+	COMMISSION OF CRIMES SHOULD BE SUBJECT TO BEING INVESTIGATED AND ,23
	188	+	AS APPROPRIATE, PROSECUTED FOR A CRIMINAL ACT PURSUANT TO THIS24
	189	+	TITLE 18.25
151	190		(2) A
152		-	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
153		-	REQUIRES
154		-	:
155		-	(a) "N
156		-	EWBORN" MEANS A PERSON WHO HAS BEEN BORN AND WHO IS
157		-	LESS THAN ONE YEAR OLD
158		-	.
	191	+	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE26
	192	+	REQUIRES:27
	193	+	1187
	194	+	-5- (a) "NEWBORN" MEANS A PERSON WHO HAS BEEN BORN AND WHO1
	195	+	IS LESS THAN ONE YEAR OLD.2
159	196		(b) "P
160		-	OSTPARTUM PERIOD" MEANS A PERIOD OF ONE YEAR AFTER THE
161		-	END OF A PREGNANCY
162		-	, REGARDLESS OF WHETHER THE PREGNANCY ENDS
163		-	WITH A LIVE BIRTH
164		-	.
	197	+	OSTPARTUM PERIOD" MEANS A PERIOD OF ONE YEAR AFTER3
	198	+	THE END OF A PREGNANCY, REGARDLESS OF WHETHER THE PREGNANCY4
	199	+	ENDS WITH A LIVE BIRTH.5
165	200		(c) "P
166		-	REGNANT OR POSTPARTUM DEFE NDANT " MEANS A PERSON WHO
167		-	IS PREGNANT OR IN A POSTPARTUM PERIOD WHO HAS BEEN ACCUSED OR
168		-	CONVICTED OF A CRIME
169		-	.
	201	+	REGNANT OR POSTPARTUM DEFENDANT " MEANS A PERSON6
	202	+	WHO IS PREGNANT OR IN A POSTPARTUM PERIOD WHO HAS BEEN ACCUSED7
	203	+	OR CONVICTED OF A CRIME.8
170	204		(d) "S
171		-	TAY OF EXECUTION" MEANS DELAYING THE IMPOSITION OF A
172		-	SENTENCE OR THE INCARCERATION PORTION OF THE SENTENCE FOR A
173		-	PREGNANT OR POSTPARTUM DEFENDANT AFTER THE SENTENCE IS
174		-	ANNOUNCED BY A COURT
175		-	.
	205	+	TAY OF EXECUTION" MEANS DELAYING THE IMPOSITION OF9
	206	+	A SENTENCE OR THE INCARCERATION PORTION OF THE SENTENCE FOR A10
	207	+	PREGNANT OR POSTPARTUM DEFENDANT
	208	+	AFTER THE SENTENCE IS11
	209	+	ANNOUNCED BY A COURT .12
	210	+	13
176	211		(3) (a) T
177	212		HERE IS A REBUTTABLE PRESUMPTION AGAINST DETENTION
178		-	AND INCARCERATION OF A PREGNANT OR POSTPARTUM DEFENDANT IF THE
179		-	DEFENDANT PROVIDES THE COURT AND DISTRICT ATTORNEY WITH NOTICE OF
180		-	THE DEFENDANT
181		-	'S STATUS AS A PREGNANT OR POSTPARTUM DEFENDANT AT
182		-	EACH APPLICABLE STAGE OF THE PROCEEDINGS
183		-	. SUBJECT TO SUBSECTION (5)
184		-	OF THIS SECTION AND IF THE COURT DECIDES TO DETAIN OR INCARCERATE
185		-	THE PREGNANT OR POSTPARTUM DEFENDANT AFTER WEIGHING THE
186		-	APPLICABLE LEGAL STANDARDS AND CONSIDERATIONS SET FORTH IN
187		-	SUBSECTIONS
188		-	(3)(a)(I) TO (3)(a)(VI) OF THIS SECTION, THE COURT SHALL
189		-	MAKE SPECIFIC FINDINGS ON THE RECORD THAT THE RISK TO PUBLIC SAFETY
190		-	PAGE 4-HOUSE BILL 23-1187 OR ANY OTHER FACTOR THE COURT IS REQUIRED TO CONSIDER IS
191		-	SUBSTANTIAL ENOUGH TO OUTWEIGH THE RISK OF INCARCERATION
192		-	. THE
193		-	COURT SHALL APPLY THE REBUTTABLE PRESUMPTION DESCRIBED IN THIS
194		-	SUBSECTION
195		-	(3)(a) TO A PREGNANT OR POSTPARTUM DEFENDANT IN
196		-	DETERMINING WHETHER TO
197		-	:
	213	+	14
	214	+	AND INCARCERATION OF A PREGNANT OR POSTPARTUM DEFENDANT IF THE15
	215	+	DEFENDANT PROVIDES THE COURT AND DISTRICT ATTORNEY WITH NOTICE16
	216	+	OF THE DEFENDANT 'S STATUS AS A PREGNANT OR POSTPARTUM17
	217	+	DEFENDANT AT EACH APPLICABLE STAGE OF THE PROCEEDINGS . SUBJECT18
	218	+	TO SUBSECTION (5) OF THIS SECTION AND IF THE COURT DECIDES TO19
	219	+	DETAIN OR INCARCERATE THE PREGNANT OR POSTPARTUM DEFENDANT20
	220	+	AFTER WEIGHING THE APPLICABLE LEGAL STANDARDS AND21
	221	+	CONSIDERATIONS SET FORTH IN SUBSECTIONS (3)(a)(I) TO (3)(a)(VI) OF22
	222	+	THIS SECTION, THE COURT SHALL MAKE SPECIFIC FINDINGS ON THE RECORD23
	223	+	THAT THE RISK TO PUBLIC SAFETY OR ANY OTHER FACTOR THE COURT IS24
	224	+	REQUIRED TO CONSIDER IS SUBSTANTIAL ENOUGH TO OUTWEIGH THE RISK25
	225	+	OF INCARCERATION. THE COURT SHALL APPLY THE REBUTTABLE26
	226	+	PRESUMPTION DESCRIBED IN THIS SUBSECTION (3)(a) TO A PREGNANT OR27
	227	+	1187
	228	+	-6- POSTPARTUM DEFENDANT IN DETERMINING WHETHER TO :1
198	229		(I) I
199		-	SSUE BOND PURSUANT TO ARTICLE 4 OF TITLE 16;
	230	+	SSUE BOND PURSUANT TO ARTICLE 4 OF TITLE 16;2
200	231		(II) A
201		-	CCEPT A DIVERSION AGREEMENT PURSUANT TO ~~SECTION~~
202		-	18-1.3-101;
	232	+	CCEPT A DIVERSION AGREEMENT PURSUANT TO SECTION3
	233	+	18-1.3-101;4
203	234		(III) A
204		-	CCEPT OR CONTINUE A DEFERRED JUDGMENT PURS UANT TO
205		-	SECTION
206		-	18-1.3-102;
	235	+	CCEPT OR CONTINUE A DEFERRED JUDGMENT PURSUANT TO5
	236	+	SECTION 18-1.3-102;6
207	237		(IV) I
208		-	MPOSE A SENTENCE PURSUANT TO SECTION 18-1-102.5,
209		-	INCLUDING WHETHER TO GRANT PROBATION PURSUANT TO PART 2 OF THIS
210		-	ARTICLE
211		-	1.3;
	238	+	MPOSE A SENTENCE PURSUANT TO SECTION 18-1-102.5,7
	239	+	INCLUDING WHETHER TO GRANT PROBATION PURSUANT TO PART 2 OF THIS8
	240	+	ARTICLE 1.3;9
212	241		(V) I
213		-	MPOSE AN ALTERNATIVE SENTENCE PURSUANT TO SECTION
214		-	18-1.3-104 OR 18-1.3-106; OR
215		-	(VI) GRANT A STAY OF EXECUTION PURSUANT TO THIS SECTION .
	242	+	MPOSE AN ALTERNATIVE SENTENCE PURSUANT TO SECTION10
	243	+	18-1.3-104
	244	+	OR 18-1.3-106; OR11
	245	+	(VI) G
	246	+	RANT
	247	+	A STAY OF EXECUTION PURSUANT TO THIS SECTION.12
216	248		(b) A
217		-	COURT SHALL NOT USE A PREGNANT OR POSTPARTUM
218		-	DEFENDANT
219		-	'S PREGNANCY OR POSTPARTUM PERIOD AS A BASIS FOR IMPOSING
220		-	A GREATER RESTRICTION ON THE DEFENDANT
221		-	'S LIBERTY THAN A SIMILARLY
222		-	SITUATED DEFENDANT WHO IS NOT PREGNANT OR POSTPARTUM
223		-	, INCLUDING
224		-	WHEN A PREGNANT OR POSTPARTUM DEFENDANT HAS A SUBSTANCE USE
225		-	DISORDER
226		-	.
	249	+	COURT SHALL NOT USE A PREGNANT OR POSTPARTUM13
	250	+	DEFENDANT'S PREGNANCY OR POSTPARTUM PERIOD AS A BASIS FOR14
	251	+	IMPOSING A GREATER RESTRICTION ON THE DEFENDANT 'S LIBERTY THAN15
	252	+	A SIMILARLY SITUATED DEFENDANT WHO IS NOT PREGNANT OR16
	253	+	POSTPARTUM, INCLUDING WHEN A PREGNANT OR POSTPARTUM DEFENDANT17
	254	+	HAS A SUBSTANCE USE DISORDER.18
227	255		(4) (a) A
228		-	PERSON WHO MAY BE PREGNANT OR POSTPARTUM WHO IS
229		-	ARRESTED OR IN CUSTODY IN A COUNTY JAIL OR CORRECTIONAL FACILITY
230		-	MAY REQUEST A PREGNANCY TEST UPON OR FOLLOWING ADMISSION TO THE
231		-	COUNTY JAIL OR CORRECTIONAL FACILITY
232		-	. STAFF AT THE COUNTY JAIL OR
233		-	CORRECTIONAL FACILITY SHALL PROVIDE A PREGNANCY TEST UPON REQUEST
234		-	AND ALLOW THE PERSON TO TAKE THE PREGNANCY TEST WITHIN
235		-	TWENTY
236		-	-FOUR HOURS AFTER THE REQUEST .
	256	+	PERSON WHO MAY BE PREGNANT OR POSTPARTUM WHO19
	257	+	IS ARRESTED OR IN CUSTODY IN A COUNTY JAIL OR CORRECTIONAL20
	258	+	FACILITY MAY REQUEST A PREGNANCY TEST UPON OR FOLLOWING21
	259	+	ADMISSION TO THE COUNTY JAIL OR CORRECTIONAL FACILITY . STAFF AT22
	260	+	THE COUNTY JAIL OR CORRECTIONAL FACILITY SHALL PROVIDE A23
	261	+	PREGNANCY TEST UPON REQUEST AND ALLOW THE PERSON TO TAKE THE24
	262	+	PREGNANCY TEST WITHIN TWENTY -FOUR HOURS AFTER THE REQUEST .25
237	263		(b) R
238		-	EQUESTING A PREGNANCY TEST , TAKING A PREGNANCY TEST,
239		-	AND THE RESULTS OF A ~~PREGNANCY~~ TEST ARE CONFIDENTIAL ~~MEDICAL~~
240		-	~~PAGE 5-HOUSE BILL 23-~~1187 ~~INFORMATION. THIS CONFIDENTIAL MEDICAL INFORMATION MUST NOT BE~~
241		-	~~DISCLOSED TO OUTSIDE PARTIES UNLESS THE~~ INFORMATION ~~IS REQUIRED FOR~~
242		-	~~THE PERSON~~ TO ~~RECEIVE MEDICAL CARE OR TO ALLOW STAFF AT~~ THE ~~COUNTY~~
243		-	~~JAIL~~ OR ~~CORRECTIONAL FACILITY~~ TO ~~PROVIDE NECESSARY CARE~~
244		-	.
	264	+	EQUESTING A PREGNANCY TEST, TAKING A PREGNANCY TEST,26
	265	+	AND THE RESULTS OF A PREG NANCY TEST ARE CONFIDENTIAL MEDICAL27
	266	+	1187
	267	+	-7- INFORMATION. THIS CONFIDENTIAL MEDICAL INFORMATION MUST NOT BE1
	268	+	DISCLOSED TO OUTSIDE PARTIES UNLESS THE INFORMATION IS REQUIRED2
	269	+	FOR THE PERSON TO RECEIVE MEDICAL CARE OR TO ALLOW STAFF AT THE3
	270	+	COUNTY JAIL OR CORRECTIONAL FACILITY TO PROVIDE NECESSARY CARE .4
245	271		(c) I
246		-	F A PERSON IS REPRESENTED BY AN ATTORNEY IN A CRIMINAL
247		-	PROCEEDING AND THE COUNTY JAIL OR CORRECTIONAL FACILITY HAS A
248		-	SIGNED MEDICAL RELEASE FROM THE PERSON
249		-	, THE COUNTY JAIL OR
250		-	CORRECTIONAL FACILITY SHALL GIVE NOTICE TO THE PERSON
251		-	'S ATTORNEY
252		-	WITHIN FORTY
253		-	-EIGHT HOURS, EXCLUDING STATE HOLIDAYS AND WEEKENDS ,
254		-	CONCERNING THE PERSON'S REQUEST FOR A PREGNANCY TEST PURSUANT TO
255		-	SUBSECTION
256		-	(4)(a) OF THIS SECTION.
	272	+	F A PERSON IS REPRESENTED BY AN ATTORNEY IN A CRIMINAL5 PROCEEDING AND THE COUNTY JAIL OR CORRECTIONAL FACILITY HAS A6
	273	+	SIGNED MEDICAL RELEASE FROM THE PERSON, THE COUNTY JAIL OR7
	274	+	CORRECTIONAL FACILITY SHALL GIVE NOTICE TO THE PERSON 'S ATTORNEY8
	275	+	WITHIN FORTY-EIGHT HOURS, EXCLUDING STATE HOLIDAYS AND9
	276	+	WEEKENDS, CONCERNING THE PERSON'S REQUEST FOR A PREGNANCY TEST10
	277	+	PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION.11
257	278		(5) (a) A
258		-	PREGNANT OR POSTPARTUM DEFENDANT MAY RAISE THE
259		-	ISSUE OF THE DEFENDANT
260		-	'S PREGNANCY OR POSTPARTUM PERIOD AT ANY
261		-	TIME DURING CRIMINAL PROCEEDINGS OR WHILE SERVING A SENTENCE
262		-	. IF
263		-	THE PREGNANCY OR POSTPARTUM PERIOD IS RAISED
264		-	, THE PREGNANT OR
265		-	POSTPARTUM DEFENDANT SHALL PROVIDE NOTICE TO THE DISTRICT
266		-	ATTORNEY BY PROVIDING EVIDENCE OF THE PREGNANCY OR THE START OF
267		-	THE POSTPARTUM PERIOD WITH A LIMITED WAIVER OF PRIVILEGE
268		-	. A POSITIVE
269		-	PREGNANCY TEST OR MEDICAL RECORD CONFIRMING PREGNANCY OR THE
270		-	END OF PREGNANCY
271		-	, OR A BIRTH CERTIFICATE OF A NEWBORN , IS PRIMA
272		-	FACIE EVIDENCE OF PREGNANCY OR THE START OF THE POSTPARTUM PERIOD
273		-	.
	279	+	PREGNANT OR POSTPARTUM DEFENDANT MAY RAISE THE12
	280	+	ISSUE OF THE DEFENDANT'S PREGNANCY OR POSTPARTUM PERIOD AT ANY13
	281	+	TIME DURING CRIMINAL PROCEEDINGS OR WHILE SERVING A SENTENCE . IF14
	282	+	THE PREGNANCY OR POSTPARTUM PERIOD IS RAISED , THE PREGNANT OR15
	283	+	POSTPARTUM DEFENDANT SHALL PROVIDE NOTICE TO THE DISTRICT16
	284	+	ATTORNEY BY PROVIDING EVIDENCE OF THE PREGNANCY OR THE START OF17
	285	+	THE POSTPARTUM PERIOD WITH A LIMITED WAIVER OF PRIVILEGE . A18
	286	+	POSITIVE PREGNANCY TEST OR MEDICAL RECORD CONFIRMING PREGNANCY19
	287	+	OR THE END OF PREGNANCY, OR A BIRTH CERTIFICATE OF A NEWBORN, IS20
	288	+	PRIMA FACIE EVIDENCE OF PREGNANCY OR THE START OF THE POSTPARTUM21
	289	+	PERIOD.22
274	290		(b) I
275		-	F THE PROSECUTION CONTESTS THAT THE DEFENDANT IS
276		-	PREGNANT OR IN A POSTPARTUM STATE
277		-	, THE COURT SHALL HOLD A HEARING
278		-	TO MAKE A DETERMINATION AS SOON AS PRACTICABLE
279		-	, BUT NO LATER THAN
280		-	FOURTEEN DAYS AFTER THE ISSUE IS RAISED
281		-	, UNLESS THE DEFENDANT
282		-	REQUESTS THE HEARING BE HELD LATER THAN FOURTEEN DAYS AFTER THE
283		-	ISSUE IS RAISED
284		-	. IF THE DEFENDANT REQUESTS A LATER HEARING , THE
285		-	COURT SHALL MAKE THE DETERMINATION WITHIN THE TIMELINE REQUESTED
286		-	.
	291	+	F THE PROSECUTION CONTESTS THAT THE DEFENDANT IS23
	292	+	PREGNANT OR IN A POSTPARTUM STATE , THE COURT SHALL HOLD A24
	293	+	HEARING TO MAKE A DETERMINATION AS SOON AS PRACTICABLE , BUT NO25
	294	+	LATER THAN FOURTEEN DAYS AFTER THE ISSUE IS RAISED , UNLESS THE26
	295	+	DEFENDANT REQUESTS THE HEARING BE HELD LATER THAN FOURTEEN27
	296	+	1187
	297	+	-8- DAYS AFTER THE ISSUE IS RAISED. IF THE DEFENDANT REQUESTS A LATER1
	298	+	HEARING, THE COURT SHALL MAKE THE DETERMINATION WITHIN THE2
	299	+	TIMELINE REQUESTED . THE COURT SHALL HOLD THE HEARING3
	300	+	IMMEDIATELY IF THE CIRCUMSTANCES OF THE DEFENDANT OR THE4
	301	+	DEFENDANT'S NEWBORN REQUIRE IT. THE DEFENDANT SHALL PROVE , BY5
	302	+	A PREPONDERANCE OF THE EVIDENCE , THAT THE DEFENDANT IS A6
	303	+	PREGNANT OR POSTPARTUM DEFENDANT .7
	304	+	(c) T
	305	+	HE COURT SHALL PROTECT MEDICAL INFORMATION PROVIDED8
	306	+	TO THE COURT AS CONFIDENTIAL MEDICAL INFORMATION . A DEFENDANT'S9
	307	+	WAIVER OF MEDICAL PRIVILEGE TO PRESENT MEDICAL EVIDENCE OF10
	308	+	PREGNANCY OR THE END OF A PREGNANCY IN COURT IS LIMITED TO11
	309	+	INFORMATION RELEVANT TO DETERMINE WHETHER THE DEFENDANT IS OR12
	310	+	WAS PREGNANT AND WHETHER THE PREGNANCY HAS ENDED .13
	311	+	(6) (a) N
	312	+	OTWITHSTANDING THE PROVISIONS OF THIS SECTION , A14
	313	+	COURT SHALL NOT:15
	314	+	(I) S
	315	+	ET OR RELEASE THE PREGNANT OR POSTPARTUM DEFENDANT16
	316	+	ON BOND IF THE PREGNANT OR POSTPARTUM DEFE NDANT IS INELIGIBLE FOR17
	317	+	BOND;18
	318	+	(II) A
	319	+	CCEPT AN AGREEMENT OR IMPOSE AN ALTERNATIVE19
	320	+	SENTENCE IF THE PREGNANT OR POSTPARTUM DEFENDANT IS INELIGIBLE20
	321	+	FOR A DIVERSION PROGRAM , DEFERRED JUDGMENT , PROBATIONARY21
	322	+	SENTENCE, OR ANOTHER FORM OF ALTERNATIVE
	323	+	SENTENCE; OR22
	324	+	(III) APPLY THE REBUTTABLE PRESUMPTION PURSUANT TO THIS23
	325	+	SECTION IF A PREGNANT OR POSTPARTUM DEFENDANT WAS CONVICTED OF24
	326	+	A CRIME OF VIOLENCE, AS DEFINED IN SECTION 18-1.3-406 (2).25
	327	+	(b) T
	328	+	HE COURT SHALL IMPOSE ANY MANDATORY SENTENCE26
	329	+	REQUIRED BY LAW ON A PREGNANT OR POSTPARTUM DEFENDANT , BUT THE27
	330	+	1187
	331	+	-9- COURT MAY GRANT A STAY OF EXECUTION AS SET FORTH IN1
	332	+	SUBSECTION (7) OF THIS SECTION.2
	333	+	(7) (a) A
	334	+	NY PREGNANT OR POSTPARTUM DEFENDANT MAY3
	335	+	REQUEST A STAY OF EXECUTION
	336	+	BY FILING A WRITTEN REQUEST TO THE4
	337	+	COURT IF THE PREGNANT OR POSTPARTUM DEFENDANT IS DETAINED OR5
	338	+	INCARCERATED IN A COUNTY JAIL OR CORRECTIONAL FACILITY FOR ANY6
	339	+	PERIOD OF TIME THROUGH THE END OF THE PREGNANCY OR THE7
	340	+	POSTPARTUM PERIOD.8
	341	+	(b) T
	342	+	HE COURT SHALL HOLD A HEARING TO DETERMINE THE9
	343	+	MATTER AS SOON AS PRACTICABLE , BUT NO LATER THAN FOURTEEN DAYS10
	344	+	AFTER THE PREGNANT OR POSTPARTUM DEFENDANT REQUESTS A STAY OF11
	345	+	EXECUTION
	346	+	, UNLESS THE PREGNANT OR POSTPARTUM DEFENDANT12
	347	+	REQUESTS A LATER HEARING . IF THE PREGNANT OR POSTPARTUM13
	348	+	DEFENDANT REQUESTS A LATER HEARING , THE COURT SHALL MAKE THE14
	349	+	DETERMINATION WITHIN THE TIMELINE REQUESTED . THE COURT SHALL15
	350	+	HOLD THE HEARING IMMEDIATELY IF THE CIRCUMSTANCES OF THE16
	351	+	PREGNANT OR POSTPARTUM DEFEN DANT OR NEWBORN REQUIRE IT . THE17
	352	+	DEFENDANT SHALL PROVE, BY A PREPONDERANCE OF THE EVIDENCE, THAT18
	353	+	THE DEFENDANT IS A PREGNANT OR POSTPARTUM DEFENDANT .19
	354	+	(c) I
	355	+	N RULING UPON THE PREGNANT OR POSTPARTUM DEFENDANT 'S20
	356	+	REQUEST PURSUANT TO SUBSECTION (7)(b) OF THIS SECTION, THE COURT21
	357	+	SHALL APPLY THE REBUTTABLE
	358	+	PRESUMPTION SET FORTH IN SUBSECTION22
	359	+	(3)(a)
	360	+	OF THIS SECTION.23
	361	+	(d) T
	362	+	HE DISTRICT ATTORNEY AND THE COURT SHALL COMPLY WITH24
	363	+	THE REQUIREMENTS OF THE "VICTIM RIGHTS ACT" PURSUANT TO PART 325
	364	+	OF ARTICLE 4.1 OF TITLE 24 IN ANY PROCEEDING CONDUCTED PURSUANT26
	365	+	TO THIS SECTION.27
	366	+	1187
	367	+	-10- (e) FOLLOWING THE HEARING CONDUCTED PURSUANT TO1
	368	+	SUBSECTION (7)(b) OF THIS SECTION, THE COURT MAY ORDER A STAY OF2
	369	+	EXECUTION OF THE SENTENCE FOR ANY PERIOD OF TIME THROUGH THE END3
	370	+	OF THE PREGNANCY OR THE POSTPARTUM PERIOD . THE COURT SHALL4
	371	+	ORDER A DATE, TIME, AND PLACE FOR THE DEFENDANT TO APPEAR TO5
	372	+	SERVE THE SENTENCE UPON COMPLETION OF THE STAY OF EXECUTION .6
	373	+	(f) I
	374	+	F THE COURT GRANTS A STAY OF EXECUTION PURSUANT TO
	375	+	7
	376	+	SUBSECTION (7)(e) OF THIS SECTION, THE COURT SHALL ORDER THE BOND8
	377	+	AND THE CONDITIONS OF THE BOND TO REMAIN IN EFFECT UNTIL THE DATE9
	378	+	THE PREGNANT OR POSTPARTUM DEFENDANT IS ORDERED TO START10
	379	+	SERVING THE DEFENDANT'S SENTENCE.11
	380	+	(g) NOTWITHSTANDING THIS SECTION , A PREGNANT OR12
	381	+	POSTPARTUM DEFENDANT WHO IS INELIGIBLE FOR BAIL PURSUANT TO13
	382	+	SECTION 16-4-101 OR 16-4-201.5 IS NOT ELIGIBLE FOR A STAY OF14
	383	+	EXECUTION.15
	384	+	16
	385	+	(h) IF THE PREGNANT OR POSTPARTUM DEFENDANT IS CHARGED17
	386	+	WITH A NEW VIOLATION OR THE COURT RECEIVES A VERIFIED MOTION18
	387	+	FROM THE DISTRICT ATTORNEY OR AN AGENCY RESPONSIBLE FOR19
	388	+	SUPERVISING THE PREGNANT OR POSTPARTUM DEFENDANT THAT20
	389	+	ESTABLISHES A PRIMA FACIE CASE THAT THE PREGNANT OR POSTPARTUM21
	390	+	DEFENDANT HAS VIOLATED THE CONDITIONS OF THE STAY OF EXECUTION22
	391	+	AND PRESENTS A SUBSTANTIAL RISK TO PUBLIC SAFETY , THE COURT23
	392	+	SHALL SET A HEARING AND REQUIRE THE PREGNANT OR POSTPARTUM24
	393	+	DEFENDANT TO APPEAR. AFTER THE HEARING, THE COURT MAY END THE25
	394	+	STAY OF EXECUTION, ADD NEW CONDITIONS , ISSUE A WARRANT, OR26
	395	+	CONTINUE THE STAY OF EXECUTION .27
	396	+	1187
	397	+	-11- (8) IF A DEFENDANT, WHO IS SENTENCED TO INCARCERATION ,1
	398	+	LEARNS THAT THE DEFENDANT IS PREGNANT FOLLOWING THE SENTENCING2
	399	+	HEARING, OR A POSTPARTUM DEFENDANT EXPERIENCES CHANGES TO THE3
	400	+	DEFENDANT'S POSTPARTUM CONDITION FOLLOWING THE SENTENCING4
	401	+	HEARING, THIS SECTION DOES NOT PRECLUDE THE PREGNANT OR5
	402	+	POSTPARTUM DEFENDANT FROM REQUESTING RECONSIDERATION OF THE6
	403	+	SENTENCE PURSUANT TO RULE 35 (b) OF THE RULES OF CRIMINAL7
	404	+	PROCEDURE. DURING THE RECONSIDERATION HEARING, THIS SECTION8
	405	+	APPLIES.9
	406	+	10
	407	+	SECTION 2. In Colorado Revised Statutes, amend 13-25-136 as11
	408	+	follows:12
	409	+	13-25-136. Criminal actions - prenatal drug and alcohol13
	410	+	screening - admissibility of evidence. A court shall not admit in a14
	411	+	criminal proceeding information relating to substance use not otherwise15
	412	+	required to be reported pursuant to section 19-3-304, obtained as part of16
	413	+	a screening or test performed to determine pregnancy or to provide17
	414	+	prenatal or postpartum care, up to one year postpartum, or if a pregnant18
	415	+	or parenting woman PERSON discloses substance use during pregnancy19
	416	+	while seeking or participating in behavioral health treatment. This section20
	417	+	does not prohibit prosecution of any claim or action related to such21
	418	+	substance use based on evidence obtained through methods other than22
	419	+	those described in this section.23
	420	+	SECTION 3. In Colorado Revised Statutes, 16-4-103, add (7) as24
	421	+	follows:25
	422	+	16-4-103. Setting and selection type of bond - criteria. (7) A
	423	+	T26
	424	+	THE FIRST APPEARANCE OF A PREGNANT OR POSTPARTUM DEFE NDANT WHO
	425	+	27
	426	+	1187
	427	+	-12- HAS COMPLIED WITH THE NOTICE REQUIREMENT SET FORTH IN SECTION1
	428	+	18-1.3-103.7,
	429	+	TO SET BOND, THE COURT OR PERSON DESIGNATED BY THE2
	430	+	COURT TO SET BOND SHALL CONSIDER THE DEFENDANT 'S PREGNANCY OR3
	431	+	POSTPARTUM STATUS WHEN SETTING BOND PURSUANT TO THE4
	432	+	RESTRICTIONS SET FORTH IN SECTION 19 OF ARTICLE II OF THE STATE5
	433	+	CONSTITUTION AND SECTION 16-4-101.6
	434	+	SECTION 4. In Colorado Revised Statutes, 17-27-103, add7
	435	+	(5)(d) as follows:8
	436	+	17-27-103. Community corrections boards - establishment -9
	437	+	duties. (5) (d) A
	438	+	COMMUNITY CORRECTIONS BOARD SHALL EXPEDITE A10
	439	+	DECISION TO ACCEPT AN OFFENDER WHO IS A PREGNANT OR POSTPARTUM11
	440	+	DEFENDANT, AS DEFINED IN SECTION 18-1.3-103.7, IF THE PREGNANT OR12
	441	+	POSTPARTUM DEFENDANT DID NOT RAISE THE ISSUE OF THE PREGNANCY13
	442	+	OR POSTPARTUM PERIOD PRIOR TO A REQUEST FOR COMMUNITY14
	443	+	CORRECTIONS PLACEMENT .15
	444	+	16
	445	+	SECTION 5. In Colorado Revised Statutes, 18-1.3-101, amend17
	446	+	(3)(b) as follows:18
	447	+	18-1.3-101. Pretrial diversion - appropriation - repeal.19
	448	+	(3) Guidelines for eligibility. Each district attorney that uses state20
	449	+	money for a diversion program pursuant to this section shall adopt21
	450	+	policies and guidelines delineating eligibility criteria for pretrial22
	451	+	diversion, including types and levels of offenses so long as those offenses23
	452	+	are consistent with subsections (5) to (7) of this section, and may agree24
	453	+	to diversion in any case in which there exists sufficient admissible25
	454	+	evidence to support a conviction. In determining whether an individual26
	455	+	is appropriate for diversion, the district attorney shall consider:27
	456	+	1187
	457	+	-13- (b) Any special characteristics or circumstances of the defendant,1
	458	+	which may include whether the defendant has a mental health or other2
	459	+	behavioral health disorder
	460	+	OR WHETHER THE DEFENDANT IS A PREGNANT3
	461	+	OR POSTPARTUM DEFENDANT , AS DEFINED IN SECTION 18-1.3-103.7;4
	462	+	SECTION 6. In Colorado Revised Statutes, 18-1.3-203,amend5
	463	+	(2) introductory portion; and add (2)(o) as follows:6
	464	+	18-1.3-203. Criteria for granting probation. (2) The following7
	465	+	factors, or the converse thereof where WHEN appropriate, while not8
	466	+	controlling the discretion of the court, shall MUST be accorded weight in9
	467	+	making determinations called for by subsection (1) of this section: 10
	468	+	(o) THE DEFENDANT IS A PREGNANT OR POSTPARTUM DEFENDANT,11
	469	+	IF THE DEFENDANT COMPLIED WITH THE NOTICE REQUIREMENT SET FORTH 12
	470	+	IN SECTION 18-1.3-103.7.13
	471	+	SECTION 7. In Colorado Revised Statutes, add 19-2.5-1118.514
	472	+	as follows:15
	473	+	19-2.5-1118.5. Sentencing - alternative options for pregnant16
	474	+	and postpartum juveniles - legislative declaration - definitions.17
	475	+	(1) (a) T
	476	+	HE GENERAL ASSEMBLY FINDS AND DECLARES THAT :18 19
	477	+	(I) WHILE NO SYSTEM IS PERFECT IN RESPONDING TO THE MEDICAL20
	478	+	CONDITIONS OF PREGNANCY , JUVENILE FACILITIES ARE PARTICULARLY21
	479	+	ILL-EQUIPPED TO DO SO;22
	480	+	(II) DURING JUVENILE DELINQUENCY CASES INVOLVING A23
	481	+	PREGNANT OR POSTPARTUM JUVENILE , THE PHYSICAL AND MENTAL24
	482	+	HEALTH NEEDS OF THE PREGNANT JUVENILE OR POSTPARTUM JUVENILE25
	483	+	AND NEWBORN MUST BE CONSIDERED AT ALL STAGES OF THE PROCEEDING26
	484	+	AS A MATTER OF COMMUNITY HEALTH AND SAFETY ;27
	485	+	1187
	486	+	-14- (III) TIMELY ATTENTION TO MEDICAL CONDITIONS AND MENTAL1
	487	+	HEALTH DURING THE PERINATAL PERIOD CAN IMPROVE HEALTH AND2
	488	+	WELFARE FOR MULTIPLE GENERATIONS OF A FAMILY UNIT ;3
	489	+	(IV) PREGNANCY IS A TIME-SENSITIVE PROCESS THAT HAS MANY4
	490	+	POTENTIAL OUTCOMES AND VARIATIONS . A PREGNANT PERSON MAY FEEL5
	491	+	HEALTHY AND EXPERIENCE NO COMPLICATIONS . A PREGNANT PERSON MAY6
	492	+	ALSO EXPERIENCE SUDDEN , HARMFUL MEDICAL CONDITIONS , SUCH AS7
	493	+	PREECLAMPSIA OR PLACENTAL ABRUPTION , OR DEVELOP COMPLEX8
	494	+	MEDICAL CONDITIONS THAT RESULT IN THE EARLY TERMINATION OF A9
	495	+	PREGNANCY OR THREATEN THE LIFE OF THE PREGNANT PERSON , SUCH AS10
	496	+	AN ECTOPIC PREGNANCY . AT ANY STAGE OF THE PERINATAL PERIOD ,11
	497	+	SITUATIONS CAN OCCUR THAT CAUSE LONG -TERM PHYSICAL AND MENTAL12
	498	+	HEALTH TRAUMA FOR THE PREGNANT PERSON .13
	499	+	(V) ADJUDICATORY PROCEEDINGS ARE NOT RESPONSIVE TO THE14
	500	+	TIMELINE OR COMPLEXITY OF THE PERINATAL PERIOD ;15
	501	+	(VI) WHEN A SUBSTANCE USE DISORDER INTERSECTS WITH A16
	502	+	PREGNANCY, IT IS BEST HANDLED AS A HEALTH CONDITION. INCREASING17
	503	+	THE TIME A PREGNANT PERSON WITH A SUBSTANCE USE DISORDER IS IN A18
	504	+	JUVENILE FACILITY IS COUNTER TO PUBLIC HEALTH AND MAY DRIVE THE19
	505	+	PREGNANT PERSON AWAY FROM MEDICAL CARE AND SUPPORT SERVICES . 20
	506	+	(VII) THE END OF PREGNANCY DOES NOT IMMEDIATELY21
	507	+	TERMINATE THE EFFECTS OF THE PREGNANCY ON THE PERSON WHO WAS22
	508	+	PREGNANT;23
	509	+	(VIII) THE POSTPARTUM PERIOD IS AN ESSENTIAL TIME FRAME FOR24
	510	+	BOTH THE PERSON WHO GAVE BIRTH AND THE NEWBORN . IT IS AN25
	511	+	OPPORTUNITY FOR THE NEWBORN :26
	512	+	(A) T
	513	+	O DEVELOP HEALTHY PHYSIOLOGIC RESPONSES ; AND27
	514	+	1187
	515	+	-15- (B) TO BENEFIT FROM THE ATTACHMENT AND BONDING THAT1
	516	+	OCCURS DURING THIS PERIOD;2
	517	+	(IX) BONDING BETWEEN A NEWBORN AND PARENT DURING THE3
	518	+	POSTPARTUM PERIOD CAN IMPROVE CONDITIONS FOR OTHER CHILDREN4
	519	+	AND CARE PROVIDERS IN THE SAME FAMILY UNIT AND PREVENT CHILD5
	520	+	ABUSE AND NEGLECT; AND6
	521	+	(X) BONDING BETWEEN A NEWBORN AND A PARENT CAN IMPROVE7
	522	+	THE OVERALL HEALTH OF THE NEWBORN AND THE PARENT AND MAY8
	523	+	PREVENT OR REDUCE LONG-TERM HEALTH RISKS THAT MAY BE INCREASED9
	524	+	BY SEPARATING THE NEWBORN FROM THE PARENT . FOR EXAMPLE:10
	525	+	(A) A
	526	+	POSTPARTUM PERSON WHO DOES NOT BREASTFEED OR11
	527	+	CHESTFEED A NEWBORN MAY HAVE AN INCREASED LIKELIHOOD OF12
	528	+	PREMENOPAUSAL BREAST CANCER , OVARIAN CANCER , OR TYPE 213
	529	+	DIABETES;14
	530	+	(B) A
	531	+	NEWBORN WHO IS NOT BREASTFED OR CHESTFED MAY HAVE15
	532	+	AN INCREASED LIKELIHOOD OF CHILDHOOD OBESITY , ASTHMA, TYPE 1 OR16
	533	+	TYPE 2 DIABETES, LEUKEMIA, OR SUDDEN INFANT DEATH SYNDROME ; AND17
	534	+	(C) A
	535	+	CHILD WHO IS SEPARATED FROM ANY PARENT MAY18
	536	+	EXPERIENCE STRESS HORMONES , WHICH MAY LEAD TO DIFFICULTY19
	537	+	SLEEPING, DEVELOPMENTAL REGRESSION, HEART DISEASE, HYPERTENSION,20
	538	+	OBESITY, DIABETES, OR DECREASED LIFE SPAN . A NEWBORN WHO IS21
	539	+	SEPARATED FROM A PARENT MAY ALSO EXPERIENCE PERMANENT22
	540	+	ARCHITECTURAL CHANGES IN THE BRAIN , INCLUDING A LOWER23
	541	+	INTELLIGENCE QUOTIENT OR AN INCREASED LIKELIHOOD OF DEPRESSION ,24
	542	+	SUICIDAL IDEATION, OR ADDICTION TO ALCOHOL OR GAMBLING .25
	543	+	(b) T
	544	+	HE GENERAL ASSEMBLY FINDS , THEREFORE, THAT ALL26
	545	+	ALTERNATIVES TO JUVENILE PROCEEDINGS , ADJUDICATION, AND27
	546	+	1187
	547	+	-16- COMMITMENT OF A PREGNANT OR POSTPARTUM JUVENILE MUST BE1
	548	+	CONSIDERED, INCLUDING A STAY OF CRIMINAL PROCEEDINGS OR2
	549	+	SENTENCING TO REDUCE THE LIKELIHOOD OF NEGATIVE HEALTH AND3
	550	+	SOCIAL OUTCOMES FOR THE PARENT , NEWBORN CHILD, AND COMMUNITY.4
	551	+	(c) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT A PERSON5
	552	+	WHO COERCES OR EXTORTS A PREGNANT OR POSTPARTUM PERSON IN THE6
	553	+	COMMISSION OF CRIMES SHOULD BE SUBJECT TO BEING INVESTIGATED AND ,7
	554	+	AS APPROPRIATE, PROSECUTED FOR A CRIMINAL ACT PURSUANT TO TITLE8
	555	+	18.9
	556	+	(2) A
	557	+	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE10
	558	+	REQUIRES:11
	559	+	(a) "J
	560	+	UVENILE" MEANS A PERSON WHO IS UNDER EIGHTEEN YEARS12
	561	+	OF AGE WHEN THE DELINQUENT ACT IS COMMITTED AND UNDER13
	562	+	TWENTY-ONE YEARS OF AGE AT THE TIME OF SENTENCING .14
	563	+	(b) "N
	564	+	EWBORN" MEANS A PERSON WHO HAS BEEN BORN AND WHO15
	565	+	IS LESS THAN ONE YEAR OLD.16
	566	+	(c) "P
	567	+	OSTPARTUM PERIOD" MEANS A PERIOD OF ONE YEAR AFTER17
	568	+	THE END OF A PREGNANCY, REGARDLESS OF WHETHER THE PREGNANCY18
	569	+	ENDS WITH A LIVE BIRTH.19
	570	+	(d) "P
	571	+	REGNANT OR POSTPARTUM JUVENILE " MEANS A JUVENILE20
	572	+	WHO IS PREGNANT OR IN A POSTPARTUM PERIOD WHO HAS BEEN ACCUSED21
	573	+	OF A DELINQUENT ACT.22
	574	+	(e) "S
	575	+	TAY OF EXECUTION" MEANS DELAYING THE IMPOSITION OF23
	576	+	A SENTENCE OR THE COMMITMENT PORTION OF THE SENTENCE FOR A24
	577	+	PREGNANT OR POSTPARTUM JUVENILE
	578	+	AFTER IT IS ANNOUNCED BY A25
	579	+	COURT.26
	580	+	27
	581	+	1187
	582	+	-17- (3) (a) THERE IS A REBUTTABLE PRESUMPTION AGAINST DETENTION1
	583	+	AND COMMITMENT OF A PREGNANT OR POSTPARTUM JUVENILE IF THE2
	584	+	JUVENILE PROVIDES THE COURT AND DISTRICT ATTORNEY WITH NOTICE OF3
	585	+	THE JUVENILE'S STATUS AS A PREGNANT OR POSTPARTUM JUVENILE AT4
	586	+	EACH APPLICABLE STAGE OF THE PROCEEDINGS . SUBJECT TO SUBSECTION5
	587	+	(5)
	588	+	OF THIS SECTION AND IF THE COURT DECIDES TO DETAIN OR COMMIT
	589	+	6
	590	+	THE PREGNANT OR POSTPARTUM JUVENILE AFTER WEIGHING THE7
	591	+	APPLICABLE LEGAL STANDARDS AND CONSIDERATIONS SET FORTH IN8
	592	+	SUBSECTIONS (3)(a)(I) TO (3)(a)(VI) OF THIS SECTION, THE COURT SHALL9
	593	+	MAKE SPECIFIC FINDINGS ON THE RECORD THAT THE RISK TO PUBLIC10
	594	+	SAFETY OR ANY OTHER FACTOR THE COURT IS REQUIRED TO CONSIDER IS11
	595	+	SUBSTANTIAL ENOUGH TO OUTWEIGH THE RISK OF DETENTION OR12
	596	+	COMMITMENT. THE COURT SHALL APPLY THE REBUTTABLE 13
	597	+	PRESUMPTION DESCRIBED IN THIS SUBSECTION (3)(a) TO A PREGNANT OR14
	598	+	POSTPARTUM JUVENILE IN DETERMINING WHETHER TO :15
	599	+	(I) I
	600	+	SSUE BOND PURSUANT TO SECTION 19-2.5-306;16
	601	+	(II) A
	602	+	CCEPT ENTRY INTO THE JUVENILE DIVERSION PROGRAM17
	603	+	PURSUANT TO SECTION 19-2.5-402;18
	604	+	(III) A
	605	+	CCEPT OR CONTINUE DEFERRED JUDGMENTS PURSUANT TO19
	606	+	SECTION 18-1.3-102;20
	607	+	(IV) I
	608	+	MPOSE A SENTENCE PURSUANT TO SECTION 19-2.5-1103,21
	609	+	INCLUDING WHETHER TO GRANT JUVENILE PROBATION PURSUANT TO22
	610	+	SECTION 19-2.5-1106;23
	611	+	(V) I
	612	+	MPOSE AN ALTERNATIVE SENTENCE PURSUANT TO SECTION24
	613	+	19-2.5-1113;
	614	+	OR25
	615	+	(VI) G
	616	+	RANT A
	617	+	STAY OF EXECUTION PURSUANT TO THIS SECTION .26
	618	+	(b) A
	619	+	COURT SHALL NOT USE A PREGNANT OR POSTPARTUM27
	620	+	1187
	621	+	-18- JUVENILE'S PREGNANCY OR POSTPARTUM PERIOD AS A BASIS FOR IMPOSING1
	622	+	A GREATER RESTRICTION ON THE JUVENILE 'S LIBERTY THAN A SIMILARLY2
	623	+	SITUATED JUVENILE WHO IS NOT PREGNANT OR POSTPARTUM , INCLUDING3
	624	+	CIRCUMSTANCES IN WHICH A PREGNANT OR POSTPARTUM JUVENILE HAS A4
	625	+	SUBSTANCE USE DISORDER.5
	626	+	(4) (a) A
	627	+	JUVENILE WHO MAY BE PREGNANT WHO IS ARRESTED OR6 IN CUSTODY IN A JUVENILE FACILITY MAY REQUEST A PREGNANCY TEST7
	628	+	UPON OR FOLLOWING ADMISSION TO THE JUVENILE FACILITY. STAFF AT THE8
	629	+	JUVENILE FACILITY SHALL PROVIDE A PREGNANCY TEST UPON REQUEST9
	630	+	AND ALLOW THE JUVENILE TO TAKE THE PRE GNANCY TEST WITHIN10
	631	+	TWENTY-FOUR HOURS AFTER THE REQUEST .11
	632	+	(b) R
	633	+	EQUESTING A PREGNANCY TEST, TAKING A PREGNANCY TEST,12
	634	+	AND THE RESULTS OF A PREGNANCY TEST ARE CONFIDENTIAL MEDICAL13
	635	+	INFORMATION. THIS CONFIDENTIAL MEDICAL INFORMATION MUST NOT BE14
	636	+	DISCLOSED TO OUTSIDE PARTIES UNLESS THE INFORMATION IS REQUIRED15
	637	+	FOR THE JUVENILE TO RECEIVE MEDICAL CARE OR TO ALLOW STAFF AT THE16 JUVENILE FACILITY TO PROVIDE NECESSARY CARE .17
	638	+	(c) I
	639	+	F A JUVENILE IS REPRESENTED BY AN ATTORNEY IN A CRIMINAL18 PROCEEDING AND THE JUVENILE FACILITY HAS A SIGNED MEDICAL RELEASE19
	640	+	FROM THE JUVENILE, THE JUVENILE FACILITY SHALL NOTIFY THE20
	641	+	JUVENILE'S ATTORNEY WITHIN FORTY-EIGHT HOURS, EXCLUDING STATE21
	642	+	HOLIDAYS AND WEEKENDS, CONCERNING THE JUVENILE'S REQUEST FOR A22
	643	+	PREGNANCY TEST PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION.23
	644	+	(5) (a) A
	645	+	PREGNANT OR POSTPARTUM JUVENILE MAY RAISE THAT24
	646	+	THE JUVENILE IS PREGNANT OR POSTPARTUM AT ANY TIME DURING25
	647	+	ADJUDICATORY PROCEEDINGS OR WHILE SERVING A SENTENCE . IF THE26
	648	+	PREGNANCY OR POSTPARTUM PERIOD IS RAISED , THE PREGNANT OR27
	649	+	1187
	650	+	-19- POSTPARTUM JUVENILE SHALL PROVIDE NOTICE TO THE DISTRICT1
	651	+	ATTORNEY BY PROVIDING EVIDENCE OF THE PREGNANCY OR THE START OF2
	652	+	THE POSTPARTUM PERIOD WITH A LIMITED WAIVER OF PRIVILEGE . A3
	653	+	POSITIVE PREGNANCY TEST OR MEDICAL RECORD CONFIRMING PRE GNANCY4
	654	+	OR THE END OF PREGNANCY, OR A BIRTH CERTIFICATE OF A NEWBORN, IS5
	655	+	PRIMA FACIE EVIDENCE OF PREGNANCY OR THE START OF THE POSTPARTUM6
	656	+	PERIOD.7
	657	+	(b) I
	658	+	F THE PROSECUTION CONTESTS THAT THE JUVENILE IS8
	659	+	PREGNANT OR POSTPARTUM , THE COURT SHALL HOLD A HEARING TO MAKE9
	660	+	A DETERMINATION AS SOON AS PRACTICABLE , BUT NO LATER THAN10
	661	+	FOURTEEN DAYS AFTER THE ISSUE IS RAISED , UNLESS THE JUVENILE11
	662	+	REQUESTS THE HEARING BE HELD LATER THAN FOURTEEN DAYS AFTER THE12
	663	+	ISSUE IS RAISED. IF THE JUVENILE REQUESTS A LATER HEARING, THE COURT13
	664	+	SHALL MAKE THE DETERMINATION WITHIN THE TIMELINE AS REQUESTED .14
287	665		T
288		-	HE COURT SHALL HOLD THE HEARING IMMEDIATELY IF THE CIRCUMSTANCES
289		-	OF THE DEFENDANT OR THE DEFENDANT
290		-	'S NEWBORN REQUIRE IT. THE
291		-	DEFENDANT SHALL PROVE
292		-	, BY A PREPONDERANCE OF THE EVIDENCE , THAT
293		-	THE DEFENDANT IS A PREGNANT OR POSTPARTUM DEFENDANT
294		-	.
	666	+	HE COURT SHALL HOLD THE HEARING IMMEDIATELY IF THE15
	667	+	CIRCUMSTANCES OF THE JUVENILE OR THE JUVENILE 'S NEWBORN REQUIRE16
	668	+	IT. THE JUVENILE SHALL PROVE, BY A PREPONDERANCE OF THE EVIDENCE ,17
	669	+	THAT THE JUVENILE IS A PREGNANT OR POSTPARTUM JUVENILE .18
295	670		(c) T
296		-	HE COURT SHALL PROTECT MEDICAL INFORMATION PROVIDED TO
297		-	THE COURT AS CONFIDENTIAL MEDICAL INFORMATION
298		-	. A DEFENDANT'S
299		-	WAIVER OF MEDICAL PRIVILEGE TO PRESENT MEDICAL EVIDENCE OF
300		-	PREGNANCY OR THE END OF A PREGNANCY IN COURT IS LIMITED TO
301		-	PAGE 6-HOUSE BILL 23-1187 INFORMATION RELEVANT TO DETERMINE WHETHER THE DEFENDANT IS OR
302		-	WAS PREGNANT AND WHETHER THE PREGNANCY HAS ENDED
303		-	.
	671	+	HE COURT SHALL PROTECT MEDICAL INFORMATION PROVIDED19
	672	+	TO THE COURT AS CONFIDENTIAL MEDICAL INFORMATION . A JUVENILE'S20
	673	+	WAIVER OF MEDICAL PRIVILEGE TO PRESENT MEDICAL EVIDENCE OF21
	674	+	PREGNANCY OR THE END OF A PREGNANCY IN COURT IS LIMITED TO22
	675	+	INFORMATION RELEVANT TO DETERMINE WHETHER THE JUVENILE IS OR23
	676	+	WAS PREGNANT AND WHETHER THE PREGNANCY HAS ENDED .24
304	677		(6) (a) N
305		-	OTWITHSTANDING THE PROVISIONS OF THIS SECTION , A
306		-	COURT SHALL NOT
307		-	:
	678	+	OTWITHSTANDING THE PROVISIONS OF THIS SECTION , A25
	679	+	COURT SHALL NOT:26
308	680		(I) S
309		-	ET OR RELEASE THE PREGNANT OR POSTPARTUM ~~DEFENDANT ON~~
310		-	~~BOND IF THE PREGNANT OR POSTPARTUM DEFENDANT IS INELIGIBLE FOR~~
311		-	BOND
312		-	;
	681	+	ET OR RELEASE THE PREGNANT OR POSTPARTUM JUVENILE ON27
	682	+	1187
	683	+	-20- BOND IF THE PREGNANT OR POSTPARTUM JUVENILE IS INELIGIBLE FOR1
	684	+	BOND;2
313	685		(II) A
314		-	CCEPT AN AGREEMENT OR IMPOSE AN ALTERNATIVE SENTENCE
315		-	IF THE PREGNANT OR POSTPARTUM DEFENDANT IS INELIGIBLE FOR A
316		-	DIVERSION PROGRAM
317		-	, DEFERRED JUDGMENT, PROBATIONARY SENTENCE, OR
318		-	ANOTHER FORM OF ALTERNATIVE SENTENCE
319		-	; OR
320		-	(III) APPLY THE REBUTTABLE PRESUMPTION PURSUANT TO THIS
321		-	SECTION IF A PREGNANT OR POSTPARTUM DEFENDANT WAS CONVICTED OF A
322		-	CRIME OF VIOLENCE
323		-	, AS DEFINED IN SECTION 18-1.3-406 (2).
	686	+	CCEPT OR IMPOSE AN ALTERNATIVE SENTENCE IF THE3
	687	+	PREGNANT OR POSTPARTUM JUVENILE IS INELIGIBLE FOR A DIVERSION4
	688	+	PROGRAM, DEFERRED JUDGMENT, PROBATIONARY SENTENCE, OR ANOTHER5
	689	+	FORM OF ALTERNATIVE
	690	+	SENTENCE; OR6
	691	+	(III) APPLY THE REBUTTABLE PRESUMPTION PURSUANT TO THIS7
	692	+	SECTION IF A PREGNANT OR POSTPARTUM JUVENILE WAS ADJUDICATED OF8
	693	+	A CRIME OF VIOLENCE, AS DEFINED IN SECTION 18-1.3-406 (2).9
324	694		(b) T
325		-	HE COURT SHALL IMPOSE ANY MANDATORY SENTENCE
326		-	REQUIRED BY LAW ON A PREGNANT OR POSTPARTUM DEFENDANT
327		-	, BUT THE
328		-	COURT MAY GRANT A STAY OF EXECUTION AS SET FORTH IN SUBSECTION
329		-	(7)
330		-	OF THIS SECTION.
	695	+	HE COURT SHALL IMPOSE ANY MANDATORY SENTENCE10
	696	+	REQUIRED BY LAW ON A PREGNANT OR POSTPARTUM JUVENILE , BUT THE11
	697	+	COURT MAY GRANT A STAY OF EXECUTION
	698	+	AS SET FORTH IN12
	699	+	SUBSECTION (7) OF THIS SECTION.13
331	700		(7) (a) A
332		-	NY PREGNANT OR POSTPARTUM ~~DEFENDANT~~ MAY ~~REQUEST~~
333		-	A STAY OF EXECUTION ~~BY FILING A WRITTEN REQUEST TO THE COURT IF THE~~
334		-	~~PREGNANT OR POSTPARTUM DEFENDANT IS DETAINED OR INCARCERATED IN~~
335		-	~~A COUNTY JAIL~~ OR ~~CORRECTIONAL FACILITY FOR ANY PERIOD OF TIME~~
336		-	THROUGH THE END ~~OF THE PREGNANCY OR THE POSTPARTUM PERIOD~~
337		-	.
	701	+	NY PREGNANT OR POSTPARTUM JUVENILE MAY REQUEST14
	702	+	A STAY OF EXECUTION
	703	+	BY FILING A WRITTEN REQUEST TO THE COURT15
	704	+	IF THE PREGNANT OR POSTPARTUM JUVENILE IS DETAINED OR COMMITTED16
	705	+	IN A JUVENILE FACILITY FOR ANY PERIOD OF TIME THROUGH THE END OF17
	706	+	THE PREGNANCY OR THE POSTPARTUM PERIOD .18
338	707		(b) T
339		-	HE COURT SHALL HOLD A HEARING TO DETERMINE THE MATTER
340		-	AS SOON AS PRACTICABLE
341		-	, BUT NO LATER THAN FOURTEEN DAYS AFTER THE
342		-	PREGNANT OR POSTPARTUM DEFENDANT REQUESTS A STAY OF EXECUTION
343		-	,
344		-	UNLESS THE PREGNANT OR POSTPARTUM DEFENDANT REQUESTS A LATER
345		-	HEARING
346		-	. IF THE PREGNANT OR POSTPARTUM DEFE NDANT REQUESTS A LATER
347		-	HEARING
348		-	, THE COURT SHALL MAKE THE DETERMINATION WITHIN THE
349		-	TIMELINE REQUESTED
350		-	. THE COURT SHALL HOLD THE HEARING IMMEDIATELY
351		-	IF THE CIRCUMSTANCES OF THE PREGNANT OR POSTPARTUM DEFENDANT OR
352		-	NEWBORN REQUIRE IT
353		-	. THE DEFENDANT SHALL PROVE , BY A
354		-	PREPONDERANCE OF THE EVIDENCE
355		-	, THAT THE DEFENDANT IS A PREGNANT
356		-	PAGE 7-HOUSE BILL 23-1187 OR POSTPARTUM DEFENDANT .
	708	+	HE COURT SHALL HOLD A HEARING TO DETERMINE THE19
	709	+	MATTER AS SOON AS PRACTICABLE , BUT NO LATER THAN FOURTEEN DAYS20
	710	+	AFTER THE PREGNANT OR POSTPARTUM JUVENILE REQUESTS A STAY OF21
	711	+	EXECUTION
	712	+	, UNLESS THE PREGNANT OR POSTPARTUM JUVENILE REQUESTS22
	713	+	A LATER HEARING. IF THE PREGNANT OR POSTPARTUM JUVENILE REQUESTS23
	714	+	A LATER HEARING, THE COURT SHALL MAKE THE DETERMINATION WITHIN24
	715	+	THE TIMELINE REQUESTED . THE COURT SHALL HOLD THE HEARING25
	716	+	IMMEDIATELY IF THE CIRCUMSTANCES OF THE PREGNANT OR POSTPARTUM26
	717	+	JUVENILE OR NEWBORN REQUIRE IT . THE JUVENILE SHALL PROVE, BY A27
	718	+	1187
	719	+	-21- PREPONDERANCE OF THE EVIDENCE , THAT THE JUVENILE IS A PREGNANT OR1
	720	+	POSTPARTUM JUVENILE.2
357	721		(c) I
358		-	N RULING UPON THE PREGNANT OR POSTPARTUM DEFENDANT 'S
359		-	REQUEST PURSUANT TO SUBSECTION
360		-	(7)(b) OF THIS SECTION, THE COURT
361		-	SHALL APPLY THE REBUTTABLE PRESUMPTION SET FORTH IN SUBSECTION
362		-	(3)(a) OF THIS SECTION.
	722	+	N RULING UPON THE PREGNANT OR POSTPARTUM JUVENILE 'S3
	723	+	REQUEST PURSUANT TO SUBSECTION (7)(b) OF THIS SECTION, THE COURT4
	724	+	SHALL APPLY THE REBUTTABLE
	725	+	PRESUMPTION SET FORTH IN SUBSECTION5
	726	+	(3)(a)
	727	+	OF THIS SECTION.6
363	728		(d) T
364		-	HE DISTRICT ATTORNEY AND THE COURT SHALL COMPLY WITH
365		-	THE REQUIREMENTS OF THE
366		-	"VICTIM RIGHTS ACT" PURSUANT TO PART 3 OF
367		-	ARTICLE
368		-	4.1 OF TITLE 24 IN ANY PROCEEDING CONDUCTED PURS UANT TO THIS
369		-	SECTION
370		-	.
	729	+	HE DISTRICT ATTORNEY AND THE COURT SHALL COMPLY WITH7
	730	+	THE REQUIREMENTS OF THE "VICTIM RIGHTS ACT" PURSUANT TO PART 38
	731	+	OF ARTICLE 4.1 OF TITLE 24 IN ANY PROCEEDING CONDUCTED PURSUANT9
	732	+	TO THIS SECTION.10
371	733		(e) F
372	734		OLLOWING THE HEARING CONDUCTED PURS UANT TO
373		-	SUBSECTION
374		-	(7)(b) OF THIS SECTION, THE COURT MAY ORDER A STAY OF
375		-	EXECUTION OF THE SENTENCE FOR ANY PERIOD OF TIME THROUGH THE END
376		-	OF THE PREGNANCY OR THE POSTPARTUM PERIOD
377		-	. THE COURT SHALL ORDER
378		-	A DATE
379		-	, TIME, AND PLACE FOR THE DEFENDANT TO APPEAR TO SERVE THE
380		-	SENTENCE UPON COMPLETION OF THE STAY OF EXECUTION
381		-	.
	735	+	11
	736	+	SUBSECTION (7)(b) OF THIS SECTION, THE COURT MAY ORDER A STAY OF12
	737	+	EXECUTION OF THE SENTENCE FOR ANY PERIOD OF TIME THR OUGH THE END13
	738	+	OF THE PREGNANCY OR THE POSTPARTUM PERIOD . THE COURT SHALL14
	739	+	ORDER A DATE, TIME, AND PLACE FOR THE JUVENILE TO APPEAR TO SERVE15
	740	+	THE SENTENCE UPON COMPLETION OF THE STAY OF EXECUTION .16
382	741		(f) I
383	742		F THE COURT GRANTS A STAY OF EXECUTION PURSUANT TO
384		-	SUBSECTION
385		-	(7)(e) OF THIS SECTION, THE COURT SHALL ORDER THE BOND
386		-	AND THE CONDITIONS OF THE BOND TO REMAIN IN EFFECT UNTIL THE DATE
387		-	THE PREGNANT OR POSTPARTUM DEFE NDANT IS ORDERED TO START SERVING
388		-	THE DEFENDANT
389		-	'S SENTENCE.
390		-	(g) N
391		-	OTWITHSTANDING THIS SECTION, A PREGNANT OR POSTPARTUM
392		-	DEFENDANT WHO IS INELIGIBLE FOR BAIL PURSUANT TO SECTION
393		-	16-4-101
394		-	OR 16-4-201.5 IS NOT ELIGIBLE FOR A STAY OF EXECUTION.
395		-	(h) I
396		-	F THE PREGNANT OR POSTPARTUM DEFENDANT IS CHARGED WITH
397		-	A NEW VIOLATION OR THE COURT RECEIVES A VERIFIED MOTION FROM THE
398		-	DISTRICT ATTORNEY OR AN AGENCY RESPONSIBLE FOR SUPERVISING THE
399		-	PREGNANT OR POSTPARTUM DEFENDANT THAT ESTABLISHES A PRIMA FACIE
400		-	CASE THAT THE PREGNANT OR POSTPARTUM DEFENDANT HAS VIOLATED THE
401		-	CONDITIONS OF THE STAY OF EXECUTION AND PRESENTS A SUBSTANTIAL RISK
402		-	TO PUBLIC SAFETY
403		-	, THE COURT SHALL SET A HEARING AND REQUIRE THE
404		-	PREGNANT OR POSTPARTUM DEFENDANT TO APPEAR
405		-	. AFTER THE HEARING,
406		-	THE COURT MAY END THE STAY OF EXECUTION , ADD NEW CONDITIONS, ISSUE
407		-	A WARRANT
408		-	, OR CONTINUE THE STAY OF EXECUTION .
409		-	PAGE 8-HOUSE BILL 23-1187 (8) IF A DEFENDANT, WHO IS SENTENCED TO INCARCERATION, LEARNS
410		-	THAT THE DEFENDANT IS PREGNANT FOLLOWING THE SENTENCING HEARING
411		-	,
412		-	OR A POSTPARTUM DEFENDANT EXPERIENCES CH ANGES TO THE DEFENDANT 'S
413		-	POSTPARTUM CONDITION FOLLOWING THE SENTENCING HEARING
414		-	, THIS
415		-	SECTION DOES NOT PRECLUDE THE PREGNANT OR POSTPARTUM DEFENDANT
416		-	FROM REQUESTING RECONSIDERATION OF THE SENTENCE PURSUANT TO RULE
417		-	35 (b) OF THE RULES OF CRIMINAL PROCEDURE . DURING THE
418		-	RECONSIDERATION HEARING
419		-	, THIS SECTION APPLIES.
420		-	SECTION 2. In Colorado Revised Statutes, amend 13-25-136 as
421		-	follows:
422		-	13-25-136. Criminal actions - prenatal drug and alcohol
423		-	screening - admissibility of evidence. A court shall not admit in a criminal
424		-	proceeding information relating to substance use not otherwise required to
425		-	be reported pursuant to section 19-3-304, obtained as part of a screening or
426		-	test performed to determine pregnancy or to provide prenatal or postpartum
427		-	care, up to one year postpartum, or if a pregnant or parenting woman
428		-	PERSON discloses substance use during pregnancy while seeking or
429		-	participating in behavioral health treatment. This section does not prohibit
430		-	prosecution of any claim or action related to such substance use based on
431		-	evidence obtained through methods other than those described in this
432		-	section.
433		-	SECTION 3. In Colorado Revised Statutes, 16-4-103, add (7) as
434		-	follows:
435		-	16-4-103. Setting and selection type of bond - criteria. (7) A
436		-	T
437		-	THE FIRST APPEARANCE OF A PREGNANT OR POSTPARTUM DEFENDANT WHO
438		-	HAS COMPLIED WITH THE NOTICE REQUIREMENT SET FORTH IN SECTION
439		-	18-1.3-103.7, TO SET BOND, THE COURT OR PERSON DESIGNATED BY THE
440		-	COURT TO SET BOND SHALL CONSIDER THE DEFENDANT
441		-	'S PREGNANCY OR
442		-	POSTPARTUM STATUS WHEN SETTING BOND PURSUANT TO THE RESTRICTIONS
443		-	SET FORTH IN SECTION
444		-	19 OF ARTICLE II OF THE STATE CONSTITUTION AND
445		-	SECTION
446		-	16-4-101.
447		-	SECTION 4. In Colorado Revised Statutes, 17-27-103, add (5)(d)
448		-	as follows:
449		-	17-27-103. Community corrections boards - establishment -
450		-	PAGE 9-HOUSE BILL 23-1187 duties. (5) (d) A COMMUNITY CORRECTIONS BOARD SHALL EXPEDITE A
451		-	DECISION TO ACCEPT AN OFFENDER WHO IS A PREGNANT OR POSTPARTUM
452		-	DEFENDANT
453		-	, AS DEFINED IN SECTION 18-1.3-103.7, IF THE PREGNANT OR
454		-	POSTPARTUM DEFENDANT DID NOT RAISE THE ISSUE OF THE PREGNANCY OR
455		-	POSTPARTUM PERIOD PRIOR TO A REQUEST FOR COMMUNITY CORRECTIONS
456		-	PLACEMENT
457		-	.
458		-	SECTION 5. In Colorado Revised Statutes, 18-1.3-101, amend
459		-	(3)(b) as follows:
460		-	18-1.3-101. Pretrial diversion - appropriation - repeal.
461		-	(3) Guidelines for eligibility. Each district attorney that uses state money
462		-	for a diversion program pursuant to this section shall adopt policies and
463		-	guidelines delineating eligibility criteria for pretrial diversion, including
464		-	types and levels of offenses so long as those offenses are consistent with
465		-	subsections (5) to (7) of this section, and may agree to diversion in any case
466		-	in which there exists sufficient admissible evidence to support a conviction.
467		-	In determining whether an individual is appropriate for diversion, the
468		-	district attorney shall consider:
469		-	(b) Any special characteristics or circumstances of the defendant,
470		-	which may include whether the defendant has a mental health or other
471		-	behavioral health disorder
472		-	OR WHETHER THE DEFENDANT IS A PREGNANT OR
473		-	POSTPARTUM DEFENDANT
474		-	, AS DEFINED IN SECTION 18-1.3-103.7;
475		-	SECTION 6. In Colorado Revised Statutes, 18-1.3-203, amend (2)
476		-	introductory portion; and add (2)(o) as follows:
477		-	18-1.3-203. Criteria for granting probation. (2) The following
478		-	factors, or the converse thereof where
479		-	WHEN appropriate, while not
480		-	controlling the discretion of the court, shall MUST be accorded weight in
481		-	making determinations called for by subsection (1) of this section:
482		-	(o) T
483		-	HE DEFENDANT IS A PREGNANT OR POSTPARTUM DEFENDANT ,
484		-	IF THE DEFENDANT COMPLIED WITH THE NOTICE REQUIREMENT SET FORTH IN
485		-	SECTION
486		-	18-1.3-103.7.
487		-	SECTION 7. In Colorado Revised Statutes, add 19-2.5-1118.5 as
488		-	follows:
489		-	PAGE 10-HOUSE BILL 23-1187 19-2.5-1118.5. Sentencing - alternative options for pregnant and
490		-	postpartum juveniles - legislative declaration - definitions. (1) (a) T
491		-	HE
492		-	GENERAL ASSEMBLY FINDS AND DECLARES THAT
493		-	:
494		-	(I) W
495		-	HILE NO SYSTEM IS PERFECT IN RESPONDING TO THE MEDICAL
496		-	CONDITIONS OF PREGNANCY
497		-	, JUVENILE FACILITIES ARE PARTICULARLY
498		-	ILL
499		-	-EQUIPPED TO DO SO;
500		-	(II) D
501		-	URING JUVENILE DELINQUENCY CASES INVOLVING A PREGNANT
502		-	OR POSTPARTUM JUVENILE
503		-	, THE PHYSICAL AND MENTAL HEALTH NEEDS OF
504		-	THE PREGNANT JUVENILE OR POSTPARTUM JUVENILE AND NEWBORN MUST
505		-	BE CONSIDERED AT ALL STAGES OF THE PROCEEDING AS A MATTER OF
506		-	COMMUNITY HEALTH AND SAFETY
507		-	;
508		-	(III) T
509		-	IMELY ATTENTION TO MEDICAL CONDITIONS AND MENTAL
510		-	HEALTH DURING THE PERINATAL PERIOD CAN IMPROVE HEALTH AND
511		-	WELFARE FOR MULTIPLE GENERATIONS OF A FAMILY UNIT
512		-	;
513		-	(IV) P
514		-	REGNANCY IS A TIME-SENSITIVE PROCESS THAT HAS MANY
515		-	POTENTIAL OUTCOMES AND VARIATIONS
516		-	. A PREGNANT PERSON MAY FEEL
517		-	HEALTHY AND EXPERIENCE NO COMPLICATIONS
518		-	. A PREGNANT PERSON MAY
519		-	ALSO EXPERIENCE SUDDEN
520		-	, HARMFUL MEDICAL CONDITIONS , SUCH AS
521		-	PREECLAMPSIA OR PLACENTAL ABRUPTION
522		-	, OR DEVELOP COMPLEX MEDICAL
523		-	CONDITIONS THAT RESULT IN THE EARLY TERMINATION OF A PREGNANCY OR
524		-	THREATEN THE LIFE OF THE PREGNANT PERSON
525		-	, SUCH AS AN ECTOPIC
526		-	PREGNANCY
527		-	. AT ANY STAGE OF THE PERINATAL PERIOD , SITUATIONS CAN
528		-	OCCUR THAT CAUSE LONG
529		-	-TERM PHYSICAL AND MENTAL HEALTH TRAUMA
530		-	FOR THE PREGNANT PERSON
531		-	.
532		-	(V) A
533		-	DJUDICATORY PROCEEDINGS ARE NOT RESPONSIVE TO THE
534		-	TIMELINE OR COMPLEXITY OF THE PERINATAL PERIOD
535		-	;
536		-	(VI) W
537		-	HEN A SUBSTANCE USE DISORDER INTERSECTS WITH A
538		-	PREGNANCY
539		-	, IT IS BEST HANDLED AS A HEALTH CONDITION. INCREASING THE
540		-	TIME A PREGNANT PERSON WITH A SUBSTANCE USE DISORDER IS IN A
541		-	JUVENILE FACILITY IS COUNTER TO PUBLIC HEALTH AND MAY DRIVE THE
542		-	PREGNANT PERSON AWAY FROM MEDICAL CARE AND SUPPORT SERVICES
543		-	.
544		-	(VII) T
545		-	HE END OF PREGNANCY DOES NOT IMMEDIATELY TERMINATE
546		-	THE EFFECTS OF THE PREGNANCY ON THE PERSON WHO WAS PREGNANT
547		-	;
548		-	PAGE 11-HOUSE BILL 23-1187 (VIII) THE POSTPARTUM PERIOD IS AN ESSENTIAL TIME FRAME FOR
549		-	BOTH THE PERSON WHO GAVE BIRTH AND THE NEWBORN
550		-	. IT IS AN
551		-	OPPORTUNITY FOR THE NEWBORN
552		-	:
553		-	(A) T
554		-	O DEVELOP HEALTHY PHYSIOLOGIC RESPONSES ; AND
555		-	(B) TO BENEFIT FROM THE ATTACHMENT AND BONDING THAT
556		-	OCCURS DURING THIS PERIOD
557		-	;
558		-	(IX) B
559		-	ONDING BETWEEN A NEWBORN AND PARENT DURING THE
560		-	POSTPARTUM PERIOD CAN IMPROVE CONDITIONS FOR OTHER CHILDREN AND
561		-	CARE PROVIDERS IN THE SAME FAMILY UNIT AND PREVENT CHILD ABUSE AND
562		-	NEGLECT
563		-	; AND
564		-	(X) BONDING BETWEEN A NEWBORN AND A PARENT CAN IMPROVE
565		-	THE OVERALL HEALTH OF THE NEWBORN AND THE PARENT AND MAY
566		-	PREVENT OR REDUCE LONG
567		-	-TERM HEALTH RISKS THAT MAY BE INCREASED
568		-	BY SEPARATING THE NEWBORN FROM THE PARENT
569		-	. FOR EXAMPLE:
570		-	(A) A
571		-	POSTPARTUM PERSON WHO DOES NOT BREASTFEED OR
572		-	CHESTFEED A NEWBORN MAY HAVE AN INCREASED LIKELIHOOD OF
573		-	PREMENOPAUSAL BREAST CANCER
574		-	, OVARIAN CANCER, OR TYPE 2 DIABETES;
575		-	(B) A
576		-	NEWBORN WHO IS NOT BREASTFED OR CHESTFED MAY HAVE AN
577		-	INCREASED LIKELIHOOD OF CHILDHOOD OBESITY
578		-	, ASTHMA, TYPE 1 OR TYPE
579		-	2 DIABETES, LEUKEMIA, OR SUDDEN INFANT DEATH SYNDROME ; AND
580		-	(C) A CHILD WHO IS SEPARATED FROM ANY PARENT MAY EXPERIENCE
581		-	STRESS HORMONES
582		-	, WHICH MAY LEAD TO DIFFICULTY SLEEPING ,
583		-	DEVELOPMENTAL REGRESSION , HEART DISEASE, HYPERTENSION, OBESITY,
584		-	DIABETES, OR DECREASED LIFE SPAN. A NEWBORN WHO IS SEPARATED FROM
585		-	A PARENT MAY ALSO EXPERIENCE PERMANENT ARCHITECTURAL CHANGES IN
586		-	THE BRAIN
587		-	, INCLUDING A LOWER INTELLIGENCE QUOTIENT OR AN INCREASED
588		-	LIKELIHOOD OF DEPRESSION
589		-	, SUICIDAL IDEATION, OR ADDICTION TO
590		-	ALCOHOL OR GAMBLING
591		-	.
592		-	(b) T
593		-	HE GENERAL ASSEMBLY FINDS , THEREFORE, THAT ALL
594		-	ALTERNATIVES TO JUVENILE PROCEEDINGS
595		-	, ADJUDICATION, AND
596		-	COMMITMENT OF A PREGNANT OR POSTPARTUM JUVENILE MUST BE
597		-	CONSIDERED
598		-	, INCLUDING A STAY OF CRIMINAL PROCEEDINGS OR SENTENCING
599		-	PAGE 12-HOUSE BILL 23-1187 TO REDUCE THE LIKELIHOOD OF NEGATIVE HEALTH AND SOCIAL OUTCOMES
600		-	FOR THE PARENT
601		-	, NEWBORN CHILD, AND COMMUNITY.
602		-	(c) I
603		-	T IS THE INTENT OF THE GENERAL ASSEMBLY THAT A PERSON
604		-	WHO COERCES OR EXTORTS A PREGNANT OR POSTPARTUM PERSON IN THE
605		-	COMMISSION OF CRIMES SHOULD BE SUBJECT TO BEING INVESTIGATED AND
606		-	,
607		-	AS APPROPRIATE, PROSECUTED FOR A CRIMINAL ACT PURSUANT TO TITLE 18.
608		-	(2) A
609		-	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
610		-	REQUIRES
611		-	:
612		-	(a) "J
613		-	UVENILE" MEANS A PERSON WHO IS UNDER EIGHTEEN YEARS OF
614		-	AGE WHEN THE DELINQUENT ACT IS COMMITTED AND UNDER TWENTY
615		-	-ONE
616		-	YEARS OF AGE AT THE TIME OF SENTENCING
617		-	.
618		-	(b) "N
619		-	EWBORN" MEANS A PERSON WHO HAS BEEN BORN AND WHO IS
620		-	LESS THAN ONE YEAR OLD
621		-	.
622		-	(c) "P
623		-	OSTPARTUM PERIOD" MEANS A PERIOD OF ONE YEAR AFTER THE
624		-	END OF A PREGNANCY
625		-	, REGARDLESS OF WHETHER THE PREGNANCY ENDS
626		-	WITH A LIVE BIRTH
627		-	.
628		-	(d) "P
629		-	REGNANT OR POSTPARTUM JUVENILE " MEANS A JUVENILE WHO
630		-	IS PREGNANT OR IN A POSTPARTUM PERIOD WHO HAS BEEN ACCUSED OF A
631		-	DELINQUENT ACT
632		-	.
633		-	(e) "S
634		-	TAY OF EXECUTION" MEANS DELAYING THE IMPOSITION OF A
635		-	SENTENCE OR THE COMMITMENT PORTION OF THE SENTENCE FOR A
636		-	PREGNANT OR POSTPARTUM JUVENILE AFTER IT IS ANNOUNCED BY A COURT
637		-	.
638		-	(3) (a) T
639		-	HERE IS A REBUTTABLE PRESUMPTION AGAINST DETENTION
640		-	AND COMMITMENT OF A PREGNANT OR POSTPARTUM JUVENILE IF THE
641		-	JUVENILE PROVIDES THE COURT AND DISTRICT ATTORNEY WITH NOTICE OF
642		-	THE JUVENILE
643		-	'S STATUS AS A PREGNANT OR POSTPARTUM JUVENILE AT EACH
644		-	APPLICABLE STAGE OF THE PROCEEDINGS
645		-	. SUBJECT TO SUBSECTION (5) OF
646		-	THIS SECTION AND IF THE COURT DECIDES TO DETAIN OR COMMIT THE
647		-	PREGNANT OR POSTPARTUM JUVENILE AFTER WEIGHING THE APPLICABLE
648		-	LEGAL STANDARDS AND CONSIDERATIONS SET FORTH IN SUBSECTIONS
649		-	(3)(a)(I) TO (3)(a)(VI) OF THIS SECTION, THE COURT SHALL MAKE SPECIFIC
650		-	FINDINGS ON THE RECORD THAT THE RISK TO PUBLIC SAFETY OR ANY OTHER
651		-	PAGE 13-HOUSE BILL 23-1187 FACTOR THE COURT IS REQUIRED TO CONSIDER IS SUBSTANTIAL ENOUGH TO
652		-	OUTWEIGH THE RISK OF DETENTION OR COMMITMENT
653		-	. THE COURT SHALL
654		-	APPLY THE REBUTTABLE PRESUMPTION DESCRIBED IN THIS SUBSECTION
655		-	(3)(a) TO A PREGNANT OR POSTPARTUM JUVENILE IN D ETERMINING WHETHER
656		-	TO
657		-	:
658		-	(I) I
659		-	SSUE BOND PURSUANT TO SECTION 19-2.5-306;
660		-	(II) A
661		-	CCEPT ENTRY INTO THE JUVENILE DIVERSION PROGRAM
662		-	PURSUANT TO SECTION
663		-	19-2.5-402;
664		-	(III) A
665		-	CCEPT OR CONTINUE DEFERRED JUDGMENTS PURSUANT TO
666		-	SECTION
667		-	18-1.3-102;
668		-	(IV) I
669		-	MPOSE A SENTENCE PURSUANT TO SECTION 19-2.5-1103,
670		-	INCLUDING WHETHER TO GRANT JUVENILE PROBATION PURSUANT TO
671		-	SECTION
672		-	19-2.5-1106;
673		-	(V) I
674		-	MPOSE AN ALTERNATIVE SENTENCE PURSUANT TO SECTION
675		-	19-2.5-1113; OR
676		-	(VI) GRANT A STAY OF EXECUTION PURSUANT TO THIS SECTION .
677		-	(b) A
678		-	COURT SHALL NOT USE A PREGNANT OR POSTPARTUM
679		-	JUVENILE
680		-	'S PREGNANCY OR POSTPARTUM PERIOD AS A BASIS FOR IMPOSING
681		-	A GREATER RESTRICTION ON THE JUVENILE
682		-	'S LIBERTY THAN A SIMILARLY
683		-	SITUATED JUVENILE WHO IS NOT PREGNANT OR POSTPARTUM
684		-	, INCLUDING
685		-	CIRCUMSTANCES IN WHICH A PREGNANT OR POSTPARTUM JUVENILE HAS A
686		-	SUBSTANCE USE DISORDER
687		-	.
688		-	(4) (a) A
689		-	JUVENILE WHO MAY BE PREGNANT WHO IS ARRESTED OR IN
690		-	CUSTODY IN A JUVENILE FACILITY MAY REQUEST A PREGNANCY TEST UPON
691		-	OR FOLLOWING ADMISSION TO THE JUVENILE FACILITY
692		-	. STAFF AT THE
693		-	JUVENILE FACILITY SHALL PROVIDE A PREGNANCY TEST UPON REQUEST AND
694		-	ALLOW THE JUVENILE TO TAKE THE PREGNANCY TEST WITHIN TWENTY
695		-	-FOUR
696		-	HOURS AFTER THE REQUEST
697		-	.
698		-	(b) R
699		-	EQUESTING A PREGNANCY TEST , TAKING A PREGNANCY TEST,
700		-	AND THE RESULTS OF A PREGNANCY TEST ARE CONFIDENTIAL MEDICAL
701		-	INFORMATION
702		-	. THIS CONFIDENTIAL MEDICAL INFORMATION MUST NOT BE
703		-	PAGE 14-HOUSE BILL 23-1187 DISCLOSED TO OUTSIDE PARTIES UNLESS THE INFORMATION IS REQUIRED FOR
704		-	THE JUVENILE TO RECEIVE MEDICAL CARE OR TO ALLOW STAFF AT THE
705		-	JUVENILE FACILITY TO PROVIDE NECESSARY CARE
706		-	.
707		-	(c) I
708		-	F A JUVENILE IS REPRESENTED BY AN ATTORNEY IN A CRIMINAL
709		-	PROCEEDING AND THE JUVENILE FACILITY HAS A SIGNED MEDICAL RELEASE
710		-	FROM THE JUVENILE
711		-	, THE JUVENILE FACILITY SHALL NOTIFY THE JUVENILE'S
712		-	ATTORNEY WITHIN FORTY
713		-	-EIGHT HOURS, EXCLUDING STATE HOLIDAYS AND
714		-	WEEKENDS
715		-	, CONCERNING THE JUVENILE'S REQUEST FOR A PREGNANCY TEST
716		-	PURSUANT TO SUBSECTION
717		-	(4)(a) OF THIS SECTION.
718		-	(5) (a) A
719		-	PREGNANT OR POSTPARTUM JUVENILE MAY RAISE THAT THE
720		-	JUVENILE IS PREGNANT OR POSTPARTUM AT ANY TIME DURING
721		-	ADJUDICATORY PROCEEDINGS OR WHILE SERVING A SENTENCE
722		-	. IF THE
723		-	PREGNANCY OR POSTPARTUM PERIOD IS RAISED
724		-	, THE PREGNANT OR
725		-	POSTPARTUM JUVENILE SHALL PROVIDE NOTICE TO THE DISTRICT ATTORNEY
726		-	BY PROVIDING EVIDENCE OF THE PREGNANCY OR THE START OF THE
727		-	POSTPARTUM PERIOD WITH A LIMITED WAIVER OF PRIVILEGE
728		-	. A POSITIVE
729		-	PREGNANCY TEST OR MEDICAL RECORD CONFIRMING PREGNANCY OR THE
730		-	END OF PREGNANCY
731		-	, OR A BIRTH CERTIFICATE OF A NEWBORN , IS PRIMA
732		-	FACIE EVIDENCE OF PREGNANCY OR THE START OF THE POSTPARTUM PERIOD
733		-	.
734		-	(b) I
735		-	F THE PROSECUTION CONTESTS THAT THE JUVENILE IS PREGNANT
736		-	OR POSTPARTUM
737		-	, THE COURT SHALL HOLD A HEARING TO MAKE A
738		-	DETERMINATION AS SOON AS PRACTICABLE
739		-	, BUT NO LATER THAN FOURTEEN
740		-	DAYS AFTER THE ISSUE IS RAISED
741		-	, UNLESS THE JUVENILE REQUESTS THE
742		-	HEARING BE HELD LATER THAN FOURTEEN DAYS AFTER THE ISSUE IS RAISED
743		-	.
744		-	I
745		-	F THE JUVENILE REQUESTS A LATER HEARING, THE COURT SHALL MAKE THE
746		-	DETERMINATION WITHIN THE TIMELINE AS REQUESTED
747		-	. THE COURT SHALL
748		-	HOLD THE HEARING IMMEDIATELY IF THE CIRCUMSTANCES OF THE JUVENILE
749		-	OR THE JUVENILE
750		-	'S NEWBORN REQUIRE IT. THE JUVENILE SHALL PROVE, BY
751		-	A PREPONDERANCE OF THE EVIDENCE
752		-	, THAT THE JUVENILE IS A PREGNANT OR
753		-	POSTPARTUM JUVENILE
754		-	.
755		-	(c) T
756		-	HE COURT SHALL PROTECT MEDICAL INFORMATION PROVIDED TO
757		-	THE COURT AS CONFIDENTIAL MEDICAL INFORMATION
758		-	. A JUVENILE'S WAIVER
759		-	OF MEDICAL PRIVILEGE TO PRESENT MEDICAL EVIDENCE OF PREGNANCY OR
760		-	THE END OF A PREGNANCY IN COURT IS LIMITED TO INFORMATION RELEVANT
761		-	TO DETERMINE WHETHER THE JUVENILE IS OR WAS PREGNANT AND WHETHER
762		-	THE PREGNANCY HAS ENDED
763		-	.
764		-	PAGE 15-HOUSE BILL 23-1187 (6) (a) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION , A
765		-	COURT SHALL NOT
766		-	:
767		-	(I) S
768		-	ET OR RELEASE THE PREGNANT OR POSTPARTUM JUVENILE ON
769		-	BOND IF THE PREGNANT OR POSTPARTUM JUVENILE IS INELIGIBLE FOR BOND
770		-	;
771		-	(II) A
772		-	CCEPT OR IMPOSE AN ALTERNATIVE SENTENCE IF THE
773		-	PREGNANT OR POSTPARTUM JUVENILE IS INELIGIBLE FOR A DIVERSION
774		-	PROGRAM
775		-	, DEFERRED JUDGMENT, PROBATIONARY SENTENCE, OR ANOTHER
776		-	FORM OF ALTERNATIVE SENTENCE
777		-	; OR
778		-	(III) APPLY THE REBUTTABLE PRESUMPTION PURSUANT TO THIS
779		-	SECTION IF A PREGNANT OR POSTPARTUM JUVENILE WAS ADJUDICATED OF A
780		-	CRIME OF VIOLENCE
781		-	, AS DEFINED IN SECTION 18-1.3-406 (2).
782		-	(b) T
783		-	HE COURT SHALL IMPOSE ANY MANDATORY SENTENCE
784		-	REQUIRED BY LAW ON A PREGNANT OR POSTPARTUM JUVENILE
785		-	, BUT THE
786		-	COURT MAY GRANT A STAY OF EXECUTION AS SET FORTH IN SUBSECTION
787		-	(7)
788		-	OF THIS SECTION.
789		-	(7) (a) A
790		-	NY PREGNANT OR POSTPARTUM JUVENILE MAY REQUEST A
791		-	STAY OF EXECUTION BY FILING A WRITTEN REQUEST TO THE COURT IF THE
792		-	PREGNANT OR POSTPARTUM JUVENILE IS DETAINED OR COMMITTED IN A
793		-	JUVENILE FACILITY FOR ANY PERIOD OF TIME THROUGH THE END OF THE
794		-	PREGNANCY OR THE POSTPARTUM PERIOD
795		-	.
796		-	(b) T
797		-	HE COURT SHALL HOLD A HEARING TO DETERMINE THE MATTER
798		-	AS SOON AS PRACTICABLE
799		-	, BUT NO LATER THAN FOURTEEN DAYS AFTER THE
800		-	PREGNANT OR POSTPARTUM JUVENILE REQUESTS A STAY OF EXECUTION
801		-	,
802		-	UNLESS THE PREGNANT OR POSTPARTUM JUVENILE REQUESTS A LATER
803		-	HEARING
804		-	. IF THE PREGNANT OR POSTPARTUM JUVENILE REQUESTS A LATER
805		-	HEARING
806		-	, THE COURT SHALL MAKE THE DETERMINATION WITHIN THE
807		-	TIMELINE REQUESTED
808		-	. THE COURT SHALL HOLD THE HEARING IMMEDIATELY
809		-	IF THE CIRCUMSTANCES OF THE PREGNANT OR POSTPARTUM JUVENILE OR
810		-	NEWBORN REQUIRE IT
811		-	. THE JUVENILE SHALL PROVE, BY A PREPONDERANCE
812		-	OF THE EVIDENCE
813		-	, THAT THE JUVENILE IS A PREGNANT OR POSTPARTUM
814		-	JUVENILE
815		-	.
816		-	(c) I
817		-	N RULING UPON THE PREGNANT OR POSTPARTUM JUVENILE 'S
818		-	REQUEST PURSUANT TO SUBSECTION
819		-	(7)(b) OF THIS SECTION, THE COURT
820		-	PAGE 16-HOUSE BILL 23-1187 SHALL APPLY THE REBUTTABLE PRESUMPTION SET FORTH IN SUBSECTION
821		-	(3)(a) OF THIS SECTION.
822		-	(d) T
823		-	HE DISTRICT ATTORNEY AND THE COURT SHALL COMPLY WITH
824		-	THE REQUIREMENTS OF THE
825		-	"VICTIM RIGHTS ACT" PURSUANT TO PART 3 OF
826		-	ARTICLE
827		-	4.1 OF TITLE 24 IN ANY PROCEEDING CONDUCTED PURSUANT TO THIS
828		-	SECTION
829		-	.
830		-	(e) F
831		-	OLLOWING THE HEARING CONDUCTED PURSUANT TO
832		-	SUBSECTION
833		-	(7)(b) OF THIS SECTION, THE COURT MAY ORDER A STAY OF
834		-	EXECUTION OF THE SENTENCE FOR ANY PERIOD OF TIME THROUGH THE END
835		-	OF THE PREGNANCY OR THE POSTPARTUM PERIOD
836		-	. THE COURT SHALL ORDER
837		-	A DATE
838		-	, TIME, AND PLACE FOR THE JUVENILE TO APPEAR TO SERVE THE
839		-	SENTENCE UPON COMPLETION OF THE STAY OF EXECUTION
840		-	.
841		-	(f) I
842		-	F THE COURT GRANTS A STAY OF EXECUTION PURSUANT TO
843		-	SUBSECTION
844		-	(7)(e) OF THIS SECTION, THE COURT SHALL ORDER THE BOND
845		-	AND THE CONDITIONS OF THE BOND TO REMAIN IN EFFECT UNTIL THE DATE
846		-	THE PREGNANT OR POSTPARTUM JUVENILE IS ORDERED TO START SERVING
847		-	THE JUVENILE
848		-	'S SENTENCE.
849		-	(g) N
850		-	OTWITHSTANDING THIS SECTION, A PREGNANT OR POSTPARTUM
851		-	JUVENILE WHO IS INELIGIBLE FOR BAIL PURSUANT TO SECTION
852		-	19-2.5-306 IS
853		-	NOT ELIGIBLE FOR A STAY OF EXECUTION
854		-	.
855		-	(h) I
856		-	F THE PREGNANT OR POSTPARTUM JUVENILE IS CHARGED WITH
857		-	A NEW VIOLATION OR THE COURT RECEIVES A VERIFIED MOTION FROM THE
858		-	DISTRICT ATTORNEY OR ANY AGENCY RESPONSIBLE FOR SUPERVISING THE
859		-	PREGNANT OR POSTPARTUM JUVENILE THAT ESTABLISHES A PRIMA FACIE
860		-	CASE THAT THE PREGNANT OR POSTPARTUM JUVENILE HAS VIOLATED THE
861		-	CONDITIONS OF THE STAY OF EXECUTION AND PRESENTS A SUBSTANTIAL RISK
862		-	TO PUBLIC SAFETY
863		-	, THE COURT SHALL SET A HEARING AND REQUIRE THE
864		-	PREGNANT OR POSTPARTUM JUVENILE TO APPEAR
865		-	. AFTER THE HEARING, THE
866		-	COURT MAY END THE STAY OF EXECUTION
867		-	, ADD NEW CONDITIONS, ISSUE A
868		-	WARRANT
869		-	, OR CONTINUE THE STAY OF EXECUTION .
870		-	(8) I
871		-	F A JUVENILE, WHO IS SENTENCED TO DETENTION OR
872		-	COMMITMENT
873		-	, LEARNS THAT THE JUVENILE IS PREGNANT FOLLOWING THE
874		-	SENTENCING HEARING
875		-	, OR A POSTPARTUM JUVENILE EXPERIENCES CHANGES
876		-	TO THE JUVENILE
877		-	'S POSTPARTUM CONDITION FOLLOWING THE SENTENCING
878		-	PAGE 17-HOUSE BILL 23-1187 HEARING, THIS SECTION DOES NOT PRECLUDE THE PREGNANT OR
879		-	POSTPARTUM JUVENILE FROM REQUESTING RECONSIDERATION OF THE
880		-	SENTENCE PURSUANT TO RULE
881		-	35 (b) OF THE RULES OF CRIMINAL
882		-	PROCEDURE
883		-	. DURING THE RECONSIDERATION HEARING , THIS SECTION
884		-	APPLIES
885		-	.
886		-	SECTION 8. In Colorado Revised Statutes, 19-2.5-306, amend
887		-	(4)(a) as follows:
888		-	19-2.5-306. Conditions of release - personal recognizance bond.
889		-	(4) (a) In determining the conditions of release for the juvenile, the judge
890		-	or magistrate fixing the same shall consider the criteria set forth in section
891		-	16-4-103. I
892		-	F THE JUVENILE IS A PREGNANT OR POSTPARTUM JUVENILE WHO
893		-	HAS COMPLIED WITH THE NOTICE REQUIREMENT SET FORTH IN SECTION
894		-	19-2.5-1118.5, THE JUDGE OR MAGISTRATE SHALL CONSIDER THE JUVENILE 'S
895		-	PREGNANCY OR POSTPARTUM STATUS IN DETERMINING THE CONDITIONS OF
896		-	RELEASE
897		-	.
898		-	SECTION 9. In Colorado Revised Statutes, 24-4.1-302, add (2)(x)
899		-	as follows:
900		-	24-4.1-302. Definitions. As used in this part 3, and for no other
901		-	purpose, including the expansion of the rights of any defendant:
902		-	(2) "Critical stages" means the following stages of the criminal
903		-	justice process:
904		-	(x) A
905		-	HEARING HELD PURSUANT TO SECTION 18-1.3-103.7 OR
906		-	19-2.5-1118.5.
907		-	SECTION 10. In Colorado Revised Statutes, 24-4.1-302.5, amend
908		-	(1)(d)(IX) and (1)(d)(X); and add (1)(d)(XI) as follows:
909		-	24-4.1-302.5. Rights afforded to victims - definitions. (1) In order
910		-	to preserve and protect a victim's rights to justice and due process, each
911		-	victim of a crime has the following rights:
912		-	(d) The right to be heard at any court proceeding:
913		-	(IX) Involving a hearing as described in section 24-31-902 (2)(c);
914		-	PAGE 18-HOUSE BILL 23-1187 or
915		-	(X) Involving a hearing held pursuant to section 24-72-706,
916		-	24-72-709, or 24-72-710;
917		-	OR
918		-	(XI) INVOLVING A HEARING HELD PURSUANT TO SECTION
919		-	18-1.3-103.7 OR 19-2.5-1118.5.
920		-	SECTION 11. Act subject to petition - effective date. This act
921		-	takes effect at 12:01 a.m. on the day following the expiration of the
922		-	ninety-day period after final adjournment of the general assembly; except
923		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
924		-	of the state constitution against this act or an item, section, or part of this act
925		-	within such period, then the act, item, section, or part will not take effect
926		-	unless approved by the people at the general election to be held in
927		-	PAGE 19-HOUSE BILL 23-1187 November 2024 and, in such case, will take effect on the date of the official
928		-	declaration of the vote thereon by the governor.
929		-	____________________________ ____________________________
930		-	Julie McCluskie Steve Fenberg
931		-	SPEAKER OF THE HOUSE PRESIDENT OF
932		-	OF REPRESENTATIVES THE SENATE
933		-	____________________________ ____________________________
934		-	Robin Jones Cindi L. Markwell
935		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
936		-	OF REPRESENTATIVES THE SENATE
937		-	APPROVED________________________________________
938		-	(Date and Time)
939		-	_________________________________________
940		-	Jared S. Polis
941		-	GOVERNOR OF THE STATE OF COLORADO
942		-	PAGE 20-HOUSE BILL 23-1187
	743	+	17
	744	+	SUBSECTION (7)(e) OF THIS SECTION, THE COURT SHALL ORDER THE BOND18
	745	+	AND THE CONDITIONS OF THE BOND TO REMAIN IN EFFECT UNTIL THE DATE19
	746	+	THE PREGNANT OR POSTPARTUM JUVENILE IS ORDERED TO START SERVING20
	747	+	THE JUVENILE'S SENTENCE.21
	748	+	(g) NOTWITHSTANDING THIS SECTION , A PREGNANT OR22
	749	+	POSTPARTUM JUVENILE WHO IS INELIGIBLE FOR BAIL PURSUANT TO23
	750	+	SECTION 19-2.5-306 IS NOT ELIGIBLE FOR A STAY OF EXECUTION.24
	751	+	25
	752	+	(h) IF THE PREGNANT OR POSTPARTUM JUVENILE IS CHARGED WITH26
	753	+	A NEW VIOLATION OR THE COURT RECEIVES A VERIFIED MOTION FROM THE27
	754	+	1187
	755	+	-22- DISTRICT ATTORNEY OR ANY AGENCY RESPONSIBLE FOR SUPERVISING THE1
	756	+	PREGNANT OR POSTPARTUM JUVENILE THAT ESTABLISHES A PRIMA FACIE2
	757	+	CASE THAT THE PREGNANT OR POSTPARTUM JUVENILE HAS VIOLATED THE3
	758	+	CONDITIONS OF THE STAY OF EXECUTION AND PRESENTS A4
	759	+	SUBSTANTIAL RISK TO PUBLIC SAFETY, THE COURT SHALL SET A HEARING5
	760	+	AND REQUIRE THE PRE GNANT OR POSTPARTUM JUVENILE TO APPEAR .6
	761	+	A
	762	+	FTER THE HEARING, THE COURT MAY END THE STAY OF EXECUTION
	763	+	, ADD7
	764	+	NEW CONDITIONS, ISSUE A WARRANT , OR CONTINUE THE STAY OF8
	765	+	EXECUTION.9
	766	+	(8) IF A JUVENILE, WHO IS SENTENCED TO DETENTION OR10
	767	+	COMMITMENT, LEARNS THAT THE JUVENILE IS PREGNANT FOLLOWING THE11
	768	+	SENTENCING HEARING, OR A POSTPARTUM JUVENILE EXPERIENCES12
	769	+	CHANGES TO THE JUVENILE'S POSTPARTUM CONDITION FOLLOWING THE13
	770	+	SENTENCING HEARING, THIS SECTION DOES NOT PRECLUDE THE PREGNANT14
	771	+	OR POSTPARTUM JUVENILE FROM REQUESTING RECONSIDERATION OF THE15
	772	+	SENTENCE PURSUANT TO RULE 35 (b) OF THE RULES OF CRIMINAL16
	773	+	PROCEDURE. DURING THE RECONSIDERATION HEARING, THIS SECTION17
	774	+	APPLIES.18
	775	+	19
	776	+	SECTION 8. In Colorado Revised Statutes, 19-2.5-306, amend20
	777	+	(4)(a) as follows:21
	778	+	19-2.5-306. Conditions of release - personal recognizance22
	779	+	bond. (4) (a) In determining the conditions of release for the juvenile, the23
	780	+	judge or magistrate fixing the same shall consider the criteria set forth in24
	781	+	section 16-4-103. I
	782	+	F THE JUVENILE IS A PREGNANT OR POSTPARTUM
	783	+	25
	784	+	JUVENILE WHO HAS COMPLIED WITH THE NOTICE REQUIREMENT SET FORTH26
	785	+	IN SECTION 19-2.5-1118.5, THE JUDGE OR MAGISTRATE SHALL CONSIDER27
	786	+	1187
	787	+	-23- THE JUVENILE'S PREGNANCY OR POSTPARTUM STATUS IN DETERMINING THE1
	788	+	CONDITIONS OF RELEASE.2
	789	+	SECTION 9. In Colorado Revised Statutes, 24-4.1-302, add3
	790	+	(2)(x) as follows:4
	791	+	24-4.1-302. Definitions. As used in this part 3, and for no other5
	792	+	purpose, including the expansion of the rights of any defendant:6
	793	+	(2) "Critical stages" means the following stages of the criminal7
	794	+	justice process:8
	795	+	(x) A HEARING HELD PURSUANT TO SECTION 18-1.3-103.7 OR9
	796	+	19-2.5-1118.5.10
	797	+	SECTION 10. In Colorado Revised Statutes, 24-4.1-302.5,11
	798	+	amend (1)(d)(IX) and (1)(d)(X); and add (1)(d)(XI) as follows:12
	799	+	24-4.1-302.5. Rights afforded to victims - definitions. (1) In13
	800	+	order to preserve and protect a victim's rights to justice and due process,14
	801	+	each victim of a crime has the following rights:15
	802	+	(d) The right to be heard at any court proceeding:16
	803	+	(IX) Involving a hearing as described in section 24-31-902 (2)(c);17
	804	+	or18
	805	+	(X) Involving a hearing held pursuant to section 24-72-706,19
	806	+	24-72-709, or 24-72-710; OR20
	807	+	(XI) INVOLVING A HEARING HELD PURSUANT TO SECTION21
	808	+	18-1.3-103.7 OR 19-2.5-1118.5.22
	809	+	SECTION 11. Act subject to petition - effective date. This act23
	810	+	takes effect at 12:01 a.m. on the day following the expiration of the24
	811	+	ninety-day period after final adjournment of the general assembly; except25
	812	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V26
	813	+	of the state constitution against this act or an item, section, or part of this27
	814	+	1187
	815	+	-24- act within such period, then the act, item, section, or part will not take1
	816	+	effect unless approved by the people at the general election to be held in2
	817	+	November 2024 and, in such case, will take effect on the date of the3
	818	+	official declaration of the vote thereon by the governor.4
	819	+	1187
	820	+	-25-