Colorado 2023 Regular Session

Colorado House Bill HB1268 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. 23-0955.01 Michael Dohr x4347
1	8		HOUSE BILL 23-1268
2		-	BY REPRESENTATIVE(S) Lukens and Evans, Boesenecker, Brown,
3		-	Duran, English, Gonzales-Gutierrez, Hamrick, Herod, Jodeh, Lieder,
4		-	Lindsay, Marshall, Story, Young;
5		-	also SENATOR(S) Roberts and Pelton B., Marchman, Moreno, Mullica,
6		-	Pelton R., Priola, Winter F..
	9	+	House Committees Senate Committees
	10	+	Public & Behavioral Health & Human Services Judiciary
	11	+	A BILL FOR AN ACT
7	12		C
8		-	ONCERNING CHANGES TO THE PROCESS FOR A PERSON SERVING A CRIMINAL
9		-	SENTENCE IN
10		-	COLORADO FOR A CONVICTION IN ANOTHER STATE TO
11		-	PARTICIPATE IN A PRIVATE TREATMENT PROGRAM
12		-	.
13		-
14		-	Be it enacted by the General Assembly of the State of Colorado:
15		-	SECTION 1. In Colorado Revised Statutes, 17-27.1-101, amend
16		-	(2)(d), (2)(f), (2)(h), (3)(b), (5), (6), (7), and (9); repeal (4); and add (7.5)
17		-	and (13) as follows:
18		-	17-27.1-101. Nongovernmental facilities for offenders -
19		-	registration - notifications - penalties - definitions. (2) As used in this
20		-	section, unless the context otherwise requires:
21		-	(d) "Private treatment program" means any residential or
22		-	nonresidential program that provides services, treatment, rehabilitation,
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. education, or criminal-history-related treatment for supervised or
31		-	unsupervised persons but does not include IN NEED OF SUBSTANCE USE
32		-	TREATMENT
33		-	, SEX OFFENDER MANAGEMENT SERVICES , OR DOMESTIC
34		-	VIOLENCE SERVICES REQUIRED AS PART OF THE SENDING STATE
35		-	'S SENTENCE.
36		-	"P
37		-	RIVATE TREATMENT PROGRAM " DOES NOT INCLUDE A LICENSED
38		-	BEHAVIORAL HEALTH ENTITY ENDORSED TO PROVIDE CRISIS CARE OR
39		-	WITHDRAWAL MANAGEMENT
40		-	, a private contract prison facility, a prison
41		-	facility operated by a political subdivision of the state, a facility providing
42		-	treatment for persons with mental health disorders or intellectual and
43		-	developmental disabilities, or a community corrections program established
44		-	pursuant to article 27 of this title 17.
45		-	(f) "Supervised person" means a person eighteen years of age or
46		-	older who is adjudicated for or convicted of or has agreed to a deferred
47		-	judgment, deferred sentence, or deferred prosecution for a crime in another
48		-	state but is or will be under the supervision of a probation officer or
49		-	community parole officer in Colorado pursuant to the interstate compact.
50		-	"S
51		-	UPERVISED INDIVIDUAL" DOES NOT INCLUDE AN INDIVIDUAL CHARGED
52		-	WITH A CRIME
53		-	, BUT NOT CONVICTED AND SENTENCED , IN A SENDING STATE.
54		-	(h) "Unsupervised person" means a person eighteen years of age or
55		-	older who, although not required to be under the jurisdiction of a probation
56		-	officer or community parole officer in Colorado, is adjudicated for or
57		-	convicted of or has agreed to a deferred judgment, deferred sentence, or
58		-	deferred prosecution for a crime outside of the state of Colorado and is
59		-	directed to attend a private treatment program in Colorado by any court,
60		-	department of corrections, state board of parole, probation department,
61		-	parole division, adult diversion program, or any other similar entity or
62		-	program in a state other than Colorado. "U
63		-	NSUPERVISED INDIVIDUAL" DOES
64		-	NOT INCLUDE AN INDIVIDUAL CHARGED WITH A CRIME
65		-	, BUT NOT CONVICTED
66		-	AND SENTENCED
67		-	, IN A SENDING STATE.
68		-	(3) (b) A sending state shall not permit travel of a supervised person
69		-	who is a nonresident of this state to the state of Colorado without written
70		-	notification from the compact administrator of acceptance of the supervised
71		-	person into a private treatment program
72		-	WHEN TREATMENT IS REQUIRED BY
73		-	LAW OR AS PART OF THE SENDING STATE
74		-	'S SENTENCE.
75		-	(4) No private treatment program in Colorado shall admit or accept
76		-	a supervised or unsupervised person into the program unless the supervised
77		-	PAGE 2-HOUSE BILL 23-1268 or unsupervised person has signed a waiver that authorizes the release of
78		-	confidential information.
79		-	(5) A private treatment program in Colorado shall not admit or
80		-	accept THAT ADMITS OR ACCEPTS a supervised or unsupervised person into
81		-	the program unless the program: SHALL, IMMEDIATELY FOLLOWING INTAKE
82		-	TO THE PROGRAM
83		-	, NOTIFY THE SUPERVISED OR UNSUPERVISED PERSON OF
84		-	THE PERSON
85		-	'S NEED TO REGISTER WITH THE COMPACT ADMINISTRATOR AND
86		-	SHALL ASSIST THE SUPERVISED OR UNSUPERVISED PERSON IN PROVIDING THE
87		-	PERSON
88		-	'S NAME, DATE OF BIRTH, PROOF OF IDENTIFICATION, AND ANY
89		-	NECESSARY RELEASE OF INFORMATION TO THE COMPACT ADMINISTRATOR
90		-	IMMEDIATELY SO THE DEPARTMENT MAY COMPLETE A COMPLETE CRIMINAL
91		-	HISTORY RECORDS CHECK OF THE PERSON AS SHOWN BY A NATIONAL
92		-	CRIMINAL INFORMATION CHECK
93		-	.
94		-	(a) Is registered with the compact administrator, and, if the person
95		-	is a supervised person, the private treatment program is:
96		-	(I) Approved by the behavioral health administration in the
97		-	department of human services if the program provides alcohol or drug abuse
98		-	treatment;
99		-	(II) Certified or approved by the sex offender management board,
100		-	established in section 16-11.7-103, C.R.S., if the program provides sex
101		-	offender treatment;
102		-	(III) Certified or approved by a domestic violence treatment board,
103		-	established pursuant to part 8 of article 6 of title 18, C.R.S., if the program
104		-	provides treatment for persons who were convicted of an act of domestic
105		-	violence as defined in section 18-6-800.3, C.R.S., or of an act for which the
106		-	underlying factual basis included an act of domestic violence; or
107		-	(IV) Licensed or certified by the division of adult parole in the
108		-	department of corrections, the department of regulatory agencies, the
109		-	behavioral health administration in the department of human services, the
110		-	state board of nursing, or the Colorado medical board if the program
111		-	provides treatment that requires certification or licensure;
112		-	(b) If the person is unsupervised, has notified the compact
113		-	administrator of the following information for each such unsupervised
114		-	PAGE 3-HOUSE BILL 23-1268 person:
115		-	(I) Name, date and place of birth, and social security number;
116		-	(II) Complete criminal history of the person as shown by a national
117		-	criminal information check;
118		-	(III) Name and address of any court, department, board of parole,
119		-	probation department, parole division, adult diversion program, or other
120		-	similar entity or program having jurisdiction over the person; and
121		-	(IV) Terms and conditions under which the person is required or
122		-	directed to attend the program; and
123		-	(c) (I) If the person is supervised and is a resident of the state of
124		-	Colorado, has confirmed that the sending state has provided all information
125		-	concerning the supervised person required by the interstate compact to the
126		-	compact administrator; and
127		-	(II) If the person is supervised and is a nonresident of the state of
128		-	Colorado, has confirmed that the compact administrator has accepted the
129		-	person for placement in the private treatment program.
130		-	(6) (a) Pursuant to criteria established by the interstate compact, the
131		-	compact administrator shall either accept or reject the placement of the
132		-	supervised person in the private treatment program. THE DEPARTMENT
133		-	SHALL
134		-	, WITHIN FORTY-EIGHT HOURS, RUN A COMPLETE CRIMINAL HISTORY
135		-	RECORDS CHECK ON THE INDIVIDUAL AND VERIFY THE PERSON IS A
136		-	SUPERVISED OR AN UNSUPERVISED PERSON
137		-	. IF THE PERSON IS DETERMINED
138		-	TO BE A SUPERVISED OR AN UNSUPERVISED PERSON
139		-	, THE DEPARTMENT SHALL
140		-	IMMEDIATELY NOTIFY THE PRIVATE TREATMENT PROGRAM AND THE CHIEF
141		-	LAW ENFORCEMENT OFFICIAL WHERE THE PRIVATE TREATMENT PROGRAM IS
142		-	LOCATED AND
143		-	, IF SUPERVISED, THE PERSON'S PROBATION OR COMMUNITY
144		-	PAROLE OFFICER
145		-	, OF THE PERSON'S STATUS.
146		-	(b) For all unsupervised persons and for supervised persons that the
147		-	compact administrator accepts for placement in a private treatment program,
148		-	the compact administrator shall immediately notify the appropriate chief
149		-	law enforcement official and the director of the Colorado bureau of
150		-	investigation. PURSUANT TO CRITERIA ESTABLISHED BY THE INTERSTATE
151		-	PAGE 4-HOUSE BILL 23-1268 COMPACT, THE COMPACT ADMINISTRATOR SHALL EITHER ACCEPT OR REJECT
152		-	THE PLACEMENT OF THE SUPERVISED PERSON IN THE PRIVATE TREATMENT
153		-	PROGRAM
154		-	.
155		-	(c) (Deleted by amendment, L. 2000, p. 232, § 1, effective July 1,
156		-	2000.)
	13	+	ONCERNING CHANGES TO THE PROCESS FOR A PERSON SERVING A101
	14	+	CRIMINAL SENTENCE IN COLORADO FOR A CONVICTION IN102
	15	+	ANOTHER STATE TO PARTICIPATE IN A PRIVATE TREATMENT103
	16	+	PROGRAM.104
	17	+	Bill Summary
	18	+	(Note: This summary applies to this bill as introduced and does
	19	+	not reflect any amendments that may be subsequently adopted. If this bill
	20	+	passes third reading in the house of introduction, a bill summary that
	21	+	applies to the reengrossed version of this bill will be available at
	22	+	http://leg.colorado.gov
	23	+	.)
	24	+	Colorado participates in an interstate compact that allows a person
	25	+	convicted of a crime in another state to have the person's probation or
	26	+	parole supervised in Colorado (supervised person) and allows a person
	27	+	SENATE
	28	+	3rd Reading Unamended
	29	+	May 3, 2023
	30	+	SENATE
	31	+	2nd Reading Unamended
	32	+	May 2, 2023
	33	+	HOUSE
	34	+	3rd Reading Unamended
	35	+	April 14, 2023
	36	+	HOUSE
	37	+	Amended 2nd Reading
	38	+	April 13, 2023
	39	+	HOUSE SPONSORSHIP
	40	+	Lukens and Evans, Boesenecker, Brown, Duran, English, Gonzales-Gutierrez, Hamrick,
	41	+	Herod, Jodeh, Lieder, Lindsay, Marshall, Story, Young
	42	+	SENATE SPONSORSHIP
	43	+	Roberts and Pelton B., Marchman, Moreno, Mullica, Pelton R., Priola, Winter F.
	44	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	45	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	46	+	Dashes through the words or numbers indicate deletions from existing law. convicted in another state who is not required to be supervised to
	47	+	complete the person's court-ordered treatment in Colorado (unsupervised
	48	+	person). The bill clarifies the process for treating a supervised or
	49	+	unsupervised person in a private treatment program in Colorado. A
	50	+	private treatment program is a program that provides substance use
	51	+	treatment, sex offender management services, or domestic violence
	52	+	services (program). The bill directs the program to assist the supervised
	53	+	or unsupervised person with registering with the interstate compact
	54	+	administrator. The department of corrections (department) is required to
	55	+	complete a criminal history records check of the supervised or
	56	+	unsupervised person to verify that the person is a supervised or
	57	+	unsupervised person. The bill specifies the requirements for programs
	58	+	when the participant is a supervised person.
	59	+	Current law subjects a program or supervised person to a
	60	+	misdemeanor for violating the provisions of the interstate compact. The
	61	+	bill states that a violation may be reported to the program's appropriate
	62	+	licensing, certifying, or approving agency for potential corrective action.
	63	+	The bill requires the department to periodically update the out-of-state
	64	+	offender questionnaire used by private treatment program providers.
	65	+	Be it enacted by the General Assembly of the State of Colorado:1
	66	+	SECTION 1. In Colorado Revised Statutes, 17-27.1-101, amend2
	67	+	(2)(d), (2)(f), (2)(h), (3)(b), (5), (6), (7), and (9); repeal (4); and add (7.5)3
	68	+	and (13) as follows:4
	69	+	17-27.1-101. Nongovernmental facilities for offenders -5
	70	+	registration - notifications - penalties - definitions. (2) As used in this6
	71	+	section, unless the context otherwise requires:7
	72	+	(d) "Private treatment program" means any residential or8
	73	+	nonresidential program that provides services, treatment, rehabilitation,9
	74	+	education, or criminal-history-related treatment for supervised or10
	75	+	unsupervised persons but does not include
	76	+	IN NEED OF SUBSTANCE USE11
	77	+	TREATMENT, SEX OFFENDER MANAGEMENT SERVICES , OR DOMESTIC12
	78	+	VIOLENCE SERVICES REQUIRED AS PART OF THE SENDING STATE 'S13
	79	+	SENTENCE. "PRIVATE TREATMENT PROGRAM " DOES NOT INCLUDE A14
	80	+	1268-2- LICENSED BEHAVIORAL HEALTH ENTITY ENDORSED TO PROVIDE CRISIS1
	81	+	CARE OR WITHDRAWAL MANAGEMENT , a private contract prison facility,2
	82	+	a prison facility operated by a political subdivision of the state, a facility3
	83	+	providing treatment for persons with mental health disorders or4
	84	+	intellectual and developmental disabilities, or a community corrections5
	85	+	program established pursuant to article 27 of this title 17.6
	86	+	(f) "Supervised person" means a person eighteen years of age or7
	87	+	older who is adjudicated for or convicted of or has agreed to a deferred8
	88	+	judgment, deferred sentence, or deferred prosecution for a crime in9
	89	+	another state but is or will be under the supervision of a probation officer10
	90	+	or community parole officer in Colorado pursuant to the interstate11
	91	+	compact. "S
	92	+	UPERVISED INDIVIDUAL" DOES NOT INCLUDE AN INDIVIDUAL12
	93	+	CHARGED WITH A CRIME , BUT NOT CONVICTED AND SENTENCED , IN A13
	94	+	SENDING STATE.14
	95	+	(h) "Unsupervised person" means a person eighteen years of age15
	96	+	or older who, although not required to be under the jurisdiction of a16
	97	+	probation officer or community parole officer in Colorado, is adjudicated17
	98	+	for or convicted of or has agreed to a deferred judgment, deferred18
	99	+	sentence, or deferred prosecution for a crime outside of the state of19
	100	+	Colorado and is directed to attend a private treatment program in20
	101	+	Colorado by any court, department of corrections, state board of parole,21
	102	+	probation department, parole division, adult diversion program, or any22
	103	+	other similar entity or program in a state other than Colorado.23
	104	+	"U
	105	+	NSUPERVISED INDIVIDUAL" DOES NOT INCLUDE AN INDIVIDUAL24
	106	+	CHARGED WITH A CRIME , BUT NOT CONVICTED AND SENTENCED , IN A25
	107	+	SENDING STATE.26
	108	+	(3) (b) A sending state shall not permit travel of a supervised27
	109	+	1268
	110	+	-3- person who is a nonresident of this state to the state of Colorado without1
	111	+	written notification from the compact administrator of acceptance of the2
	112	+	supervised person into a private treatment program
	113	+	WHEN TREATMENT IS3
	114	+	REQUIRED BY LAW OR AS PART OF THE SENDING STATE 'S SENTENCE.4
	115	+	(4) No private treatment program in Colorado shall admit or
	116	+	5
	117	+	accept a supervised or unsupervised person into the program unless the6
	118	+	supervised or unsupervised person has signed a waiver that authorizes the7
	119	+	release of confidential information.8
	120	+	(5) A private treatment program in Colorado shall not admit or9
	121	+	accept THAT ADMITS OR ACCEPTS a supervised or unsupervised person10
	122	+	into the program unless the program: SHALL, IMMEDIATELY FOLLOWING11
	123	+	INTAKE TO THE PROGRAM , NOTIFY THE SUPERVISED OR UNSUPERVISED12
	124	+	PERSON OF THE PERSON 'S NEED TO REGISTER WITH THE COMPACT13
	125	+	ADMINISTRATOR AND SHALL ASSIST THE SUPERVISED OR UNSUPERVISED14
	126	+	PERSON IN PROVIDING THE PERSON 'S NAME, DATE OF BIRTH, PROOF OF15
	127	+	IDENTIFICATION, AND ANY NECESSARY RELEASE OF INFORMATION TO THE16
	128	+	COMPACT ADMINISTRATOR IMMEDIATELY SO THE DEPARTMENT MAY17
	129	+	COMPLETE A COMPLETE CRIMINAL HISTORY RECORDS CHECK OF THE18
	130	+	PERSON AS SHOWN BY A NATIONAL CRIMINAL INFORMATION CHECK .19
	131	+	(a) Is registered with the compact administrator, and, if the person20
	132	+	is a supervised person, the private treatment program is:21
	133	+	(I) Approved by the behavioral health administration in the22
	134	+	department of human services if the program provides alcohol or drug23
	135	+	abuse treatment;24
	136	+	(II) Certified or approved by the sex offender management board,25
	137	+	established in section 16-11.7-103, C.R.S., if the program provides sex26
	138	+	offender treatment;27
	139	+	1268
	140	+	-4- (III) Certified or approved by a domestic violence treatment1
	141	+	board, established pursuant to part 8 of article 6 of title 18, C.R.S., if the2
	142	+	program provides treatment for persons who were convicted of an act of3
	143	+	domestic violence as defined in section 18-6-800.3, C.R.S., or of an act4
	144	+	for which the underlying factual basis included an act of domestic5
	145	+	violence; or6
	146	+	(IV) Licensed or certified by the division of adult parole in the7
	147	+	department of corrections, the department of regulatory agencies, the8
	148	+	behavioral health administration in the department of human services, the9
	149	+	state board of nursing, or the Colorado medical board if the program10
	150	+	provides treatment that requires certification or licensure;11
	151	+	(b) If the person is unsupervised, has notified the compact12
	152	+	administrator of the following information for each such unsupervised13
	153	+	person:14
	154	+	(I) Name, date and place of birth, and social security number;15
	155	+	(II) Complete criminal history of the person as shown by a16
	156	+	national criminal information check;17
	157	+	(III) Name and address of any court, department, board of parole,18
	158	+	probation department, parole division, adult diversion program, or other19
	159	+	similar entity or program having jurisdiction over the person; and20
	160	+	(IV) Terms and conditions under which the person is required or21
	161	+	directed to attend the program; and22
	162	+	(c) (I) If the person is supervised and is a resident of the state of23
	163	+	Colorado, has confirmed that the sending state has provided all24
	164	+	information concerning the supervised person required by the interstate25
	165	+	compact to the compact administrator; and26
	166	+	(II) If the person is supervised and is a nonresident of the state of27
	167	+	1268
	168	+	-5- Colorado, has confirmed that the compact administrator has accepted the1
	169	+	person for placement in the private treatment program.2
	170	+	(6) (a) Pursuant to criteria established by the interstate compact,3
	171	+	the compact administrator shall either accept or reject the placement of4
	172	+	the supervised person in the private treatment program. THE DEPARTMENT5
	173	+	SHALL, WITHIN FORTY-EIGHT HOURS, RUN A COMPLETE CRIMINAL HISTORY6
	174	+	RECORDS CHECK ON THE INDIVIDUAL AND VERIFY THE PERSON IS A7
	175	+	SUPERVISED OR AN UNSUPERVISED PERSON . IF THE PERSON IS DETERMINED8
	176	+	TO BE A SUPERVISED OR AN UNSUPERVISED PERSON , THE DEPARTMENT9
	177	+	SHALL IMMEDIATELY NOTIFY THE PRIVATE TREATMENT PROGRAM AND THE10
	178	+	CHIEF LAW ENFORCEMENT OFFICIAL WHERE THE PRIVATE TREATMENT11
	179	+	PROGRAM IS LOCATED AND, IF SUPERVISED, THE PERSON'S PROBATION OR12
	180	+	COMMUNITY PAROLE OFFICER , OF THE PERSON'S STATUS.13
	181	+	(b) For all unsupervised persons and for supervised persons that14
	182	+	the compact administrator accepts for placement in a private treatment15
	183	+	program, the compact administrator shall immediately notify the16
	184	+	appropriate chief law enforcement official and the director of the17
	185	+	Colorado bureau of investigation. PURSUANT TO CRITERIA ESTABLISHED18
	186	+	BY THE INTERSTATE COMPACT , THE COMPACT ADMINISTRATOR SHALL19
	187	+	EITHER ACCEPT OR REJECT THE PLACEMENT OF THE SUPERVISED PERSON20
	188	+	IN THE PRIVATE TREATMENT PROGRAM .21
	189	+	(c) (Deleted by amendment, L. 2000, p. 232, § 1, effective July 1,22
	190	+	2000.)23
157	191		(d) F
158		-	OR ALL UNSUPERVISED PERSONS AND FOR SUPERVISED PERSONS
159		-	THAT THE COMPACT ADMINISTRATOR ACCEPTS FOR PLACEMENT IN A PRIVATE
160		-	TREATMENT PROGRAM
161		-	, THE COMPACT ADMINISTRATOR SHALL IMMEDIATELY
162		-	NOTIFY THE DIRECTOR OF THE
163		-	COLORADO BUREAU OF INVESTIGATION .
164		-	(7) By written policy, a local law enforcement agency shall require
165		-	a supervised or unsupervised person to physically appear at the local law
166		-	enforcement agency for fingerprinting and photographing. THE
167		-	DEPARTMENT SHALL NOTIFY THE PRIVATE TREATMENT PROGRAM AND CHIEF
168		-	LAW ENFORCEMENT OFFICIAL WHERE THE PRIVATE TREATMENT PROGRAM IS
169		-	LOCATED IF THE PERSON IS DETERMINED TO BE A SUPERVISED OR AN
170		-	UNSUPERVISED PERSON
171		-	.
	192	+	OR ALL UNSUPERVISED PERSONS AND FOR SUPERVISED24
	193	+	PERSONS THAT THE COMPACT ADMINISTRATOR ACCEPTS FOR PLACEMENT25
	194	+	IN A PRIVATE TREATMENT PROGRAM , THE COMPACT ADMINISTRATOR26
	195	+	SHALL IMMEDIATELY NOTIFY THE DIRECTOR OF THE COLORADO BUREAU27
	196	+	1268
	197	+	-6- OF INVESTIGATION.1
	198	+	(7) By written policy, a local law enforcement agency shall2
	199	+	require a supervised or unsupervised person to physically appear at the3
	200	+	local law enforcement agency for fingerprinting and photographing. THE4
	201	+	DEPARTMENT SHALL NOTIFY THE PRIVATE TREATMENT PROGRAM AND5
	202	+	CHIEF LAW ENFORCEMENT OFFICIAL WHERE THE PRIVATE TREATMENT6
	203	+	PROGRAM IS LOCATED IF THE PERSON IS DETERMINED TO BE A SUPERVISED7
	204	+	OR AN UNSUPERVISED PERSON.8
172	205		(7.5) (a) A
173		-	SUPERVISED OR AN UNSUPERVISED PERSON MAY BE
174		-	REQUIRED TO APPEAR AT A LAW ENFORCEMENT AGENCY FOR
175		-	FINGERPRINTING AND PHOTOGRAPHING
176		-	. A PROBATION DEPARTMENT , THE
177		-	DIVISION OF PAROLE
178		-	, OR OTHER AGENCY RESPONSIBLE FOR SUPERVISING A
179		-	SUPERVISED PERSON IS RESPONSIBLE FOR NOTIFYING THE PERSON OF THE
180		-	FINGERPRINTING AND PHOTOGRAPHING REQUIREMENT
181		-	. THE COMPACT
182		-	ADMINISTRATOR SHALL ARRANGE FOR NOTIFICATION TO AN UNSUPERVISED
183		-	PERSON OF THE FINGERPRINTING AND PHOTOGRAPHING REQUIREMENT AND
184		-	MAY REQUIRE AUTHORITIES IN THE SENDING STATE TO ASSIST WITH
185		-	NOTIFICATION
186		-	. A LAW ENFORCEMENT AGENCY SHALL TAKE PHOTOGRAPHS
187		-	AND FINGERPRINTS OF A SUPERVISED OR UNSUPERVISED PERSON AS
188		-	REQUIRED BUT MAY SET REASONABLE LIMITATIONS ON THE HOURS AND
189		-	LOCATION
190		-	.
	206	+	SUPERVISED OR AN UNSUPERVISED PERSON MAY BE9
	207	+	REQUIRED TO APPEAR AT A LAW ENFORCEMENT AGENCY FOR10
	208	+	FINGERPRINTING AND PHOTOGRAPHING . A PROBATION DEPARTMENT, THE11
	209	+	DIVISION OF PAROLE, OR OTHER AGENCY RESPONSIBLE FOR SUPERVISING12
	210	+	A SUPERVISED PERSON IS RESPONSIBLE FOR NOTIFYING THE PERSON OF THE13
	211	+	FINGERPRINTING AND PHOTOGRAPHING REQUIREMENT . THE COMPACT14
	212	+	ADMINISTRATOR SHALL ARRANGE FOR NOTIFICATION TO AN UNSUPERVISED15
	213	+	PERSON OF THE FINGERPRINTING AND PHOTOGRAPHING REQUIREMENT AND16
	214	+	MAY REQUIRE AUTHORITIES IN THE SENDING STATE TO ASSIST WITH17
	215	+	NOTIFICATION. A LAW ENFORCEMENT AGENCY SHALL TAKE PHOTOGRAPHS18
	216	+	AND FINGERPRINTS OF A SUPERVISED OR UNSUPERVISED PERSON AS19
	217	+	REQUIRED BUT MAY SET REASONABLE LIMITATIONS ON THE HOURS AND20
	218	+	LOCATION.21
191	219		(b) F
192		-	OR A SUPERVISED PERSON, THE PRIVATE TREATMENT PROGRAM
193		-	MUST BE
194		-	:
	220	+	OR A SUPERVISED PERSON , THE PRIVATE TREATMENT22
	221	+	PROGRAM MUST BE:23
195	222		(I) A
196		-	PPROVED BY THE BEHAVIORAL HEALTH ADMINISTRATION IN THE
197		-	DEPARTMENT OF HUMAN SERVICES IF THE PROGRAM PROVIDES ALCOHOL OR
198		-	SUBSTANCE USE TREATMENT TO A SUPERVISED PERSON IF THE TREATMENT
199		-	PAGE 5-HOUSE BILL 23-1268 WOULD BE REQUIRED IF THE OFFENSE HAD BEEN COMMITTED IN COLORADO;
	223	+	PPROVED BY THE BEHAVIORAL HEALTH ADMINISTRATION IN24
	224	+	THE DEPARTMENT OF HUMAN SERVICES IF THE PROGRAM PROVIDES25
	225	+	ALCOHOL OR SUBSTANCE USE TREATMENT TO A SUPERVISED PERSON IF THE26
	226	+	TREATMENT WOULD BE REQUIRED IF THE OFFENSE HAD BEEN COMMITTED27
	227	+	1268
	228	+	-7- IN COLORADO;1
200	229		(II) C
201		-	ERTIFIED OR APPROVED BY THE SEX OFFENDER ~~MANAGEMENT~~
202		-	BOARD
203		-	~~, ESTABLISHED IN SECTION 16-11.7-103,~~ IF THE ~~PROGRAM PROVIDES~~
204		-	~~SEX OFFENDER TREATMENT TO A SUPERVISED PERSON~~ IF THE ~~TREATMENT~~
205		-	~~WOULD BE REQUIRED IF THE OFFENSE HAD BEEN COMMITTED IN~~
206		-	~~COLORADO~~;
	230	+	ERTIFIED OR APPROVED BY THE SEX OFFENDER MANAGEMENT2
	231	+	BOARD, ESTABLISHED IN SECTION 16-11.7-103, IF THE PROGRAM PROVIDES3
	232	+	SEX OFFENDER TREATMENT TO A SUPERVISED PERSON IF THE TREATMENT4
	233	+	WOULD BE REQUIRED IF THE OFFENSE HAD BEEN COMMITTED IN5
	234	+	C
	235	+	OLORADO;6
207	236		(III) C
208		-	ERTIFIED OR APPROVED BY THE DOMESTIC VIOLENCE
209		-	OFFENDER MANAGEMENT BOARD
210		-	, ESTABLISHED IN SECTION 16-11.8-103, IF
211		-	THE PROGRAM PROVIDES TREATMENT TO A SUPERVISED PERSON IF THE
212		-	TREATMENT FOR AN OFFENSE IF COMMITTED IN
213		-	COLORADO WOULD HAVE
214		-	BEEN AN ACT OF DOMESTIC VIOLENCE AS DEFINED IN SECTION
215		-	18-6-800.3, OR
216		-	OF AN ACT FOR WHICH THE UNDERLYING FACTUAL BASIS INCLUDED AN ACT
217		-	OF DOMESTIC VIOLENCE
218		-	; OR
219		-	(IV) LICENSED OR CERTIFIED BY THE DIVISION OF ADULT PAROLE IN
220		-	THE DEPARTMENT OF CORRECTIONS
221		-	, THE DEPARTMENT OF REGULATORY
222		-	AGENCIES
223		-	, THE BEHAVIORAL HEALTH ADMINISTRATION IN THE DEPARTMENT
224		-	OF HUMAN SERVICES
225		-	, THE STATE BOARD OF NURSING, OR THE COLORADO
226		-	MEDICAL BOARD
227		-	, IF THE PROGRAM PROVIDES TREATMENT THAT REQUIRES
228		-	CERTIFICATION OR LICENSURE
229		-	.
	237	+	ERTIFIED OR APPROVED BY THE DOMESTIC VIOLENCE7
	238	+	OFFENDER MANAGEMENT BOARD , ESTABLISHED IN SECTION 16-11.8-103,8
	239	+	IF THE PROGRAM PROVIDES TREATMENT TO A SUPERVISED PERSON IF THE9
	240	+	TREATMENT FOR AN OFFENSE IF COMMITTED IN COLORADO WOULD HAVE10
	241	+	BEEN AN ACT OF DOMESTIC VIOLENCE AS DEFINED IN SECTION 18-6-800.3,11
	242	+	OR OF AN ACT FOR WHICH THE UNDERLYING FACTUAL BASIS INCLUDED AN12
	243	+	ACT OF DOMESTIC VIOLENCE; OR13
	244	+	(IV) L
	245	+	ICENSED OR CERTIFIED BY THE DIVISION OF ADULT PAROLE14
	246	+	IN THE DEPARTMENT OF CORRECTIONS, THE DEPARTMENT OF REGULATORY15
	247	+	AGENCIES, THE BEHAVIORAL HEALTH ADMINISTRATION IN THE16
	248	+	DEPARTMENT OF HUMAN SERVICES , THE STATE BOARD OF NURSING, OR THE17
	249	+	C
	250	+	OLORADO MEDICAL BOARD , IF THE PROGRAM PROVIDES TREATMENT18
	251	+	THAT REQUIRES CERTIFICATION OR LICENSURE .19
230	252		(c) (I) I
231		-	F THE SUPERVISED PERSON IS A RESIDENT OF THE STATE OF
232		-	~~COLORADO, THE SUPERVISED PERSON SHALL CONFIRM THAT THE SENDING~~
233		-	~~STATE HAS PROVIDED ALL INFORMATION CONCERNING~~ THE SUPERVISED
234		-	~~PERSON REQUIRED BY~~ THE ~~INTERSTATE COMPACT TO THE COMPACT~~
235		-	~~ADMINISTRATOR~~
236		-	.
	253	+	F THE SUPERVISED PERSON IS A RESIDENT OF THE STATE OF20
	254	+	C
	255	+	OLORADO, THE SUPERVISED PERSON SHALL CONFIRM THAT THE SENDING21
	256	+	STATE HAS PROVIDED ALL INFORMATION CONCERNING THE SUPERVISED22
	257	+	PERSON REQUIRED BY THE INTERSTATE COMPACT TO THE COMPACT23
	258	+	ADMINISTRATOR.24
237	259		(II) I
238		-	F THE SUPERVISED PERSON IS A NONRESIDENT OF THE STATE OF
239		-	COLORADO, THE SUPERVISED PERSON SHALL CONFIRM THAT THE COMPACT
240		-	ADMINISTRATOR HAS ACCEPTED THE PERSON FOR PLACEMENT IN THE
241		-	PRIVATE TREATMENT PROGRAM
242		-	.
243		-	(9) (a) Any private treatment program or supervising person that
244		-	violates this section commits a misdemeanor. Upon a first conviction, the
245		-	private treatment program or supervising person shall be punished by a fine
246		-	of five hundred dollars. Upon a second conviction, a private treatment
247		-	program or supervising person shall be punished by a fine of one thousand
248		-	dollars. Upon a third or subsequent conviction, a private treatment program
249		-	or supervising person shall be punished by a fine of five thousand dollars
250		-	PAGE 6-HOUSE BILL 23-1268 MAY BE REPORTED TO THE APPROPRIATE LICENSING , CERTIFYING, OR
251		-	APPROVING AGENCY RESPONSIBLE FOR OVERSIGHT OF THE PRIVATE
252		-	TREATMENT PROGRAM FOR POTENTIAL CORRECTIVE ACTION
253		-	.
254		-	(b) Each failure to comply with a provision of this section by a
255		-	private treatment program or supervising person relating to a different
256		-	person constitutes a separate violation.
257		-	(13) THE DEPARTMENT SHALL PERIODICALLY UPDATE THE
258		-	OUT
259		-	-OF-STATE OFFENDER QUESTIONNAIRE USED BY PRIVATE TREATMENT
260		-	PROVIDERS
261		-	. IN UPDATING THE QUESTIONNAIRE , THE DEPARTMENT SHALL
262		-	ENGAGE STAKEHOLDERS
263		-	, INCLUDING, BUT NOT LIMITED TO, THE BEHAVIORAL
264		-	HEALTH ADMINISTRATION IN THE DEPARTMENT OF HUMAN SERVICES
265		-	,
266		-	SUBSTANCE USE TREATMENT PROVIDERS , LAW ENFORCEMENT, THE OFFICE
267		-	OF THE STATE PUBLIC DEFENDER
268		-	, AND OTHER CONCERNED STAKEHOLDERS .
269		-	SECTION 2. In Colorado Revised Statutes, 25-1-1202, repeal
270		-	(1)(bb) as follows:
271		-	25-1-1202. Index of statutory sections regarding medical record
272		-	confidentiality and health information. (1) Statutory provisions
273		-	concerning policies, procedures, and references to the release, sharing, and
274		-	use of medical records and health information include the following:
275		-	(bb) Section 17-27.1-101 (4), C.R.S., concerning nongovernmental
276		-	facilities for offenders and the waiver of confidential information;
277		-	SECTION 3. In Colorado Revised Statutes, 18-6-801, amend (1)(a)
278		-	and (1)(b) as follows:
279		-	18-6-801. Domestic violence - sentencing. (1) (a) In addition to
280		-	any sentence that is imposed upon a person for violation of any criminal law
281		-	under this title
282		-	TITLE 18, any person who is convicted of any crime, the
283		-	underlying factual basis of which has been found by the court on the record
284		-	to include an act of domestic violence, as defined in section 18-6-800.3 (1),
285		-	or any crime against property, whether or not such crime is a felony, when
286		-	such crime is used as a method of coercion, control, punishment,
287		-	intimidation, or revenge directed against a person with whom the actor is
288		-	or has been involved in an intimate relationship shall be ordered to complete
289		-	a treatment program and a treatment evaluation that conform with the
290		-	PAGE 7-HOUSE BILL 23-1268 standards adopted by the domestic violence offender management board as
291		-	required by section 16-11.8-103 (4); C.R.S., EXCEPT A PERSON GRANTED
292		-	PROBATION WHOSE SUPERVISION IS TRANSFERRED TO ANOTHER STATE
293		-	PURSUANT TO THE INTERSTATE COMPACT FOR THE SUPERVISION OF ADULT
294		-	OFFENDERS SHALL FOLLOW THE REQUIREMENTS FOR A TREATMENT
295		-	EVALUATION AND A TREATMENT PROGRAM OF THE STATE WHERE THE
296		-	PERSON IS BEING SUPERVISED
297		-	. EXCEPT FOR A PERSON GRANTED PROBATION
298		-	WHOSE SUPERVISION IS TRANSFERRED PURSUANT TO THE INTERSTATE
299		-	COMPACT FOR THE SUPERVISION OF ADULT OFFENDERS
300		-	, if an intake
301		-	evaluation conducted by an approved treatment program provider discloses
302		-	that sentencing to a treatment program would be inappropriate, the person
303		-	shall be referred back to the court for alternative disposition.
304		-	(b) The court may order a treatment evaluation to be conducted prior
305		-	to sentencing if a treatment evaluation would assist the court in determining
306		-	an appropriate sentence. The person ordered to undergo such evaluation
307		-	shall be required to pay the cost of the treatment evaluation. If such
308		-	treatment evaluation recommends treatment, and if the court so finds, the
309		-	person shall be ordered to complete a treatment program that conforms with
310		-	the standards adopted by the domestic violence offender management board
311		-	as required by section 16-11.8-103 (4); C.R.S.,
312		-	EXCEPT A PERSON GRANTED
313		-	PROBATION WHOSE SUPERVISION IS TRANSFERRED TO ANOTHER STATE
314		-	PURSUANT TO THE INTERSTATE COMPACT FOR THE SUPERVISION OF ADULT
315		-	OFFENDERS SHALL FOLLOW THE REQUIREMENTS FOR A TREATMENT
316		-	EVALUATION AND A TREATMENT PROGRAM OF THE STATE WHERE THE
317		-	PERSON IS BEING SUPERVISED
318		-	.
319		-	SECTION 4. Act subject to petition - effective date. This act
320		-	takes effect at 12:01 a.m. on the day following the expiration of the
321		-	ninety-day period after final adjournment of the general assembly; except
322		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
323		-	of the state constitution against this act or an item, section, or part of this act
324		-	within such period, then the act, item, section, or part will not take effect
325		-	unless approved by the people at the general election to be held in
326		-	PAGE 8-HOUSE BILL 23-1268 November 2024 and, in such case, will take effect on the date of the official
327		-	declaration of the vote thereon by the governor.
328		-	____________________________ ____________________________
329		-	Julie McCluskie Steve Fenberg
330		-	SPEAKER OF THE HOUSE PRESIDENT OF
331		-	OF REPRESENTATIVES THE SENATE
332		-	____________________________ ____________________________
333		-	Robin Jones Cindi L. Markwell
334		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
335		-	OF REPRESENTATIVES THE SENATE
336		-	APPROVED________________________________________
337		-	(Date and Time)
338		-	_________________________________________
339		-	Jared S. Polis
340		-	GOVERNOR OF THE STATE OF COLORADO
341		-	PAGE 9-HOUSE BILL 23-1268
	260	+	F THE SUPERVISED PERSON IS A NONRESIDENT OF THE STATE25
	261	+	OF COLORADO, THE SUPERVISED PERSON SHALL CONFIRM THAT THE26
	262	+	COMPACT ADMINISTRATOR HAS ACCEPTED THE PERSON FOR PLACEMENT27
	263	+	1268
	264	+	-8- IN THE PRIVATE TREATMENT PROGRAM .1
	265	+	(9) (a) Any private treatment program or supervising person that2
	266	+	violates this section commits a misdemeanor. Upon a first conviction, the3
	267	+	private treatment program or supervising person shall be punished by a4
	268	+	fine of five hundred dollars. Upon a second conviction, a private5
	269	+	treatment program or supervising person shall be punished by a fine of6
	270	+	one thousand dollars. Upon a third or subsequent conviction, a private7
	271	+	treatment program or supervising person shall be punished by a fine of8
	272	+	five thousand dollars MAY BE REPORTED TO THE APPROPRIATE LICENSING ,9
	273	+	CERTIFYING, OR APPROVING AGENCY RESPONSIBLE FOR OVERSIGHT OF THE10
	274	+	PRIVATE TREATMENT PROGRAM FOR POTENTIAL CORRECTIVE ACTION .11
	275	+	(b) Each failure to comply with a provision of this section by a12
	276	+	private treatment program or supervising person relating to a different13
	277	+	person constitutes a separate violation.14
	278	+	(13) T
	279	+	HE DEPARTMENT SHALL PERIODICALLY UPDATE THE15
	280	+	OUT-OF-STATE OFFENDER QUESTIONNAIRE USED BY PRIVATE TREATMENT16
	281	+	PROVIDERS. IN UPDATING THE QUESTIONNAIRE , THE DEPARTMENT SHALL17
	282	+	ENGAGE STAKEHOLDERS , INCLUDING, BUT NOT LIMITED TO , THE18
	283	+	BEHAVIORAL HEALTH ADMINISTRATION IN THE DEPARTMENT OF HUMAN19
	284	+	SERVICES, SUBSTANCE USE TREATMENT PROVIDERS , LAW ENFORCEMENT,20
	285	+	THE OFFICE OF THE STATE PUBLIC DEFENDER , AND OTHER CONCERNED21
	286	+	STAKEHOLDERS.22
	287	+	SECTION 2. In Colorado Revised Statutes, 25-1-1202, repeal23
	288	+	(1)(bb) as follows:24
	289	+	25-1-1202. Index of statutory sections regarding medical25
	290	+	record confidentiality and health information. (1) Statutory provisions26
	291	+	concerning policies, procedures, and references to the release, sharing,27
	292	+	1268
	293	+	-9- and use of medical records and health information include the following:1
	294	+	(bb) Section 17-27.1-101 (4), C.R.S., concerning2
	295	+	nongovernmental facilities for offenders and the waiver of confidential3
	296	+	information;4
	297	+	SECTION 3. In Colorado Revised Statutes, 18-6-801, amend5
	298	+	(1)(a) and (1)(b) as follows:6
	299	+	18-6-801. Domestic violence - sentencing. (1) (a) In addition to7
	300	+	any sentence that is imposed upon a person for violation of any criminal8
	301	+	law under this title TITLE 18, any person who is convicted of any crime,9
	302	+	the underlying factual basis of which has been found by the court on the10
	303	+	record to include an act of domestic violence, as defined in section11
	304	+	18-6-800.3 (1), or any crime against property, whether or not such crime12
	305	+	is a felony, when such crime is used as a method of coercion, control,13
	306	+	punishment, intimidation, or revenge directed against a person with whom14
	307	+	the actor is or has been involved in an intimate relationship shall be15
	308	+	ordered to complete a treatment program and a treatment evaluation that16
	309	+	conform with the standards adopted by the domestic violence offender17
	310	+	management board as required by section 16-11.8-103 (4); C.R.S.,18
	311	+	EXCEPT A PERSON GRANTED PROBATION WHOSE SUPERVISION IS19
	312	+	TRANSFERRED TO ANOTHER STATE PURSUANT TO THE INTERSTATE20
	313	+	COMPACT FOR THE SUPERVISION OF ADULT OFFENDERS SHALL FOLLOW THE21
	314	+	REQUIREMENTS FOR A TREATMENT EVALUATION AND A TREATMENT22
	315	+	PROGRAM OF THE STATE WHERE THE PERSON IS BEING SUPERVISED.23
	316	+	EXCEPT FOR A PERSON GRANTED PROBATION WHOSE SUPERVISION IS24
	317	+	TRANSFERRED PURSUANT TO THE INTERSTATE COMPACT FOR THE25
	318	+	SUPERVISION OF ADULT OFFENDERS, if an intake evaluation conducted by26
	319	+	an approved treatment program provider discloses that sentencing to a27
	320	+	1268
	321	+	-10- treatment program would be inappropriate, the person shall be referred1
	322	+	back to the court for alternative disposition.2
	323	+	(b) The court may order a treatment evaluation to be conducted3
	324	+	prior to sentencing if a treatment evaluation would assist the court in4
	325	+	determining an appropriate sentence. The person ordered to undergo such5
	326	+	evaluation shall be required to pay the cost of the treatment evaluation. If6
	327	+	such treatment evaluation recommends treatment, and if the court so7
	328	+	finds, the person shall be ordered to complete a treatment program that8
	329	+	conforms with the standards adopted by the domestic violence offender9
	330	+	management board as required by section 16-11.8-103 (4); C.R.S.,10
	331	+	EXCEPT A PERSON GRANTED PROBATION WHOSE SUPERVISION IS11
	332	+	TRANSFERRED TO ANOTHER STATE PURSUANT TO THE INTERSTATE12
	333	+	COMPACT FOR THE SUPERVISION OF ADULT OFFENDERS SHALL FOLLOW THE13
	334	+	REQUIREMENTS FOR A TREATMENT EVALUATION AND A TREATMENT14
	335	+	PROGRAM OF THE STATE WHERE THE PERSON IS BEING SUPERVISED .15
	336	+	SECTION 4. Act subject to petition - effective date. This act16
	337	+	takes effect at 12:01 a.m. on the day following the expiration of the17
	338	+	ninety-day period after final adjournment of the general assembly; except18
	339	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V19
	340	+	of the state constitution against this act or an item, section, or part of this20
	341	+	act within such period, then the act, item, section, or part will not take21
	342	+	effect unless approved by the people at the general election to be held in22
	343	+	November 2024 and, in such case, will take effect on the date of the23
	344	+	official declaration of the vote thereon by the governor.24
	345	+	1268
	346	+	-11-