SENATE BILL 23-039
BY SENATOR(S) Buckner, Bridges, Coleman, Cutter, Danielson, Exum,
Fields, Ginal, Gonzales, Hansen, Jaquez Lewis, Marchman, Moreno,
Mullica, Priola, Sullivan, Winter F., Fenberg;
also REPRESENTATIVE(S) Amabile, Armagost, Bacon, Bird, Bradley,
Brown, deGruy Kennedy, Dickson, English, Froelich, Garcia,
Gonzales-Gutierrez, Hamrick, Herod, Joseph, Lieder, Lindsay, Mabrey,
Marshall, McCormick, Michaelson Jenet, Parenti, Ricks, Sirota, Snyder,
Story, Titone, Valdez, Velasco, Vigil, Weinberg, Willford, McCluskie.
C
ONCERNING MEASURES TO REDUCE FAMILY SEPARATION CAUSED BY A
PARENT
'S DETENTION, AND, IN CONNECTION THEREWITH, MAKING AN
APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds that:
(a) At least seven percent, or more than ninety-two thousand, of
Colorado children at some time during their childhood have a parent or
guardian who was or is incarcerated;
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (b) At least one in four Colorado children who are adjudicated
dependent or neglected have a parent or guardian who was incarcerated at
some time during dependency and neglect proceedings;
(c) The incarceration of a parent disproportionately affects children
of color and exacerbates the number of children living in poverty;
(d) Having a parent who is incarcerated hinders a child's academic
achievement. In particular, children who have mothers who are incarcerated
have a greater risk of dropping out of school, and the number of children
who have a mother who is incarcerated has more than doubled over the last
three decades;
(e) Preserving children's relationships with parents who are
incarcerated benefits families by decreasing risks to children's mental
health, including the potential to experience depression and anxiety, and
benefits society by reducing recidivism rates and facilitating successful
returns to our communities; and
(f) The focus of dependency and neglect cases should be the
physical, mental, and emotional needs of the child. Accordingly, decisions
to terminate parental rights should be based on the needs of the child, and
not solely on the status of the parent as incarcerated or the length of the
sentence.
(2) Therefore, the general assembly declares that measures are
necessary to reduce the trauma of family separation caused by incarceration
and to promote strong and healthy family relationships for the benefit of
children, their parents, and society.
SECTION 2. In Colorado Revised Statutes, add 19-1-131 as
follows:
19-1-131. Children of parents who are incarcerated - rules. T
HE
DEPARTMENT SHALL PROMULGATE RULES THAT FACILITATE
COMMUNICATION AND FAMILY TIME BETWEEN CHILDREN AND THEIR
PARENTS WHO ARE INCARCERATED IN A DEPARTMENT OF CORRECTIONS
FACILITY
, A PRIVATE CORRECTIONAL FACILITY UNDER CONTRACT WITH THE
DEPARTMENT OF CORRECTIONS
, OR A JAIL. THE PURPOSE OF THE RULES IS TO
NORMALIZE
, TO THE EXTENT POSSIBLE , THE CHILD AND PARENT
PAGE 2-SENATE BILL 23-039 RELATIONSHIP, TO AID AND ENCOURAGE HEALTHY CHILD DEVELOPMENT ,
AND REDUCE RECIDIVISM AND INTERGENERATIONAL INCARCERATION . THE
RULES MUST CONSIDER THE BENEFITS TO THE CHILD THROUGH MAINTAINING
CONTACT WITH THE CHILD
'S PARENT AND THE PARENT'S WILLINGNESS AND
DESIRE TO MAINTAIN A MEANINGFUL RELATIONSHIP WITH THE CHILD
, AND
ASSIST IN THE REUNIFICATION OF THE CHILD AND PARENT WHEN
APPROPRIATE
. THE RULES MUST CONSIDER THE IMPACT OF RULES
PROMULGATED PURSUANT TO THIS SECTION ON DEPARTMENT OF
CORRECTIONS FACILITIES
, PRIVATE CORRECTIONAL FACILITIES UNDER
CONTRACT WITH THE DEPARTMENT OF CORRECTIONS
, JAILS, AND COUNTY
DEPARTMENTS THAT MUST IMPLEMENT THE RULES
. THE DEPARTMENT SHALL
CONSIDER OPPORTUNITIES TO ASSESS THE EFFICACY OF THE RULES
PROMULGATED PURSUANT TO THIS SECTION
.
SECTION 3. In Colorado Revised Statutes, 19-3-202, amend (1)
as follows:
19-3-202. Right to counsel and jury trial. (1) At the first
appearance of a respondent parent, guardian, or legal custodian, the court
shall fully advise the respondent of his or her
THE RESPONDENT'S legal
rights, including the right to a jury trial, the right to be represented by
counsel at every stage of the proceedings, and the right to seek the
appointment of counsel through the office of respondent parents' counsel
established in section 13-92-103, C.R.S.,
if the respondent is unable to
financially secure counsel on his or her THE RESPONDENT'S own. THE COURT
SHALL APPOINT COUNSEL FOR A RESP ONDENT WHO IS INCARCERATED IN A
DEPARTMENT OF CORRECTIONS FACILITY
, A PRIVATE CORRECTIONAL
FACILITY UNDER CONTRACT WITH THE DEPARTMENT OF CORRECTIONS
, OR A
JAIL
; HELD IN FEDERAL CUSTODY; OR INVOLUNTARILY COMMITTED , UNLESS
THE COURT DETERMINES THE RESPONDENT IS ABLE TO FINANCIALLY SECURE
COUNSEL ON THE RESPONDENT
'S OWN OR THE RESPONDENT CHOOSES TO
PROCEED WITHOUT COUNSEL
. The court shall fully explain to the respondent
the informational notice of rights and remedies for families prepared
pursuant to section 19-3-212 and shall recommend that the respondent
discuss such notice with his or her
THE RESPONDENT'S counsel. Further, the
court shall advise the respondent of the minimum and maximum time
frames for the dependency and neglect process, including the minimum and
maximum time frames for adjudication, disposition, and termination of
parental rights for a child who is under six years of age at the time the
petition is filed in a county designated pursuant to section 19-1-123.
PAGE 3-SENATE BILL 23-039 Nothing in this section limits the power of the court to appoint counsel prior
to the filing of a petition for good cause.
SECTION 4. In Colorado Revised Statutes, 19-3-502, add (5.5) as
follows:
19-3-502. Petition form and content - limitations on claims in
dependency or neglect actions. (5.5) (a) A
PERSON NAMED A RESPONDENT
IS A PARTY TO THE PROCEEDINGS AND HAS THE RIGHT AND RESPONSIBILITY
TO ATTEND AND FULLY PARTICIPATE IN ALL PROCEEDINGS RELATED TO THE
RESPONDENT
. A RESPONDENT'S FAILURE TO APPEAR FOR A HEARING DOES
NOT CONSTITUTE A VIOLATION OF THE RESPONDENT
'S DUE PROCESS RIGHTS
AND NOTHING IN THIS SECTION PROHIBITS THE COURT FROM PROCEEDING IF
A RESPONDENT FAILS TO APPEAR
.
(b) (I) I
F THE COURT BECOMES AWARE THAT A RESPONDENT IS
INCARCERATED IN A DEPARTMENT OF CORRECTIONS FACILITY
, A PRIVATE
CORRECTIONAL FACILITY UNDER CONTRACT WITH THE DEPARTMENT OF
CORRECTIONS
, OR A JAIL, THE COURT SHALL ISSUE A WRIT FOR THE
RESPONDENT
'S PERSONAL ATTENDANCE OR ATTENDANCE THROUGH
AUDIO
-VISUAL COMMUNICATION TECHNOLOGY AT ALL HEARINGS , UNLESS
THE COURT FINDS IT NECESSARY TO HOLD SEPARATE HEARINGS PURSUANT
TO SECTION
19-1-106. IF THE RESPONDENT IS REPRESENTED BY COUNSEL ,
COUNSEL SHALL FILE A MOTION FOR THE RESPONDENT 'S PERSONAL
ATTENDANCE OR ATTENDANCE THROUGH AUDIO
-VISUAL COMMUNICATION
TECHNOLOGY AT THE HEARING IF COUNSEL KNOWS THE RESPONDENT IS
INCARCERATED AND WANTS TO PERS ONALLY ATTEND A CONTESTED HEARING
OR ATTEND ANY HEARING THR OUGH AUDIO
-VISUAL COMMUNICATION
TECHNOLOGY
. IF THE RESPONDENT IS NOT REPRESENTED BY COUNSEL , THE
COURT SHALL FILE A WRIT FOR THE RESPONDENT
'S PERSONAL APPEARANCE
OR APPEARANCE THROUGH AUDIO
-VISUAL COMMUNICATION TECHNOLOGY .
I
F A WRIT FOR APPEARANCE THROUGH AUDIO -VISUAL COMMUNICATION
TECHNOLOGY IS ISSUED
, THE COURT SHALL INCLUDE INFORMATION ON THE
WRIT CONCERNING THE MANNER BY WHICH THE RESPONDENT MAY APPEAR
AND SHALL ENSURE THE WRIT IS PROVIDED TO THE LITIGATION
COORDINATOR AT THE FACILITY OR JAIL WHERE THE RESPONDENT IS
INCARCERATED
. IF THE RESPONDENT IS REPRESENTED BY COUNSEL , THE
COURT MAY ORDER THE COUNSEL TO INFORM THE LITIGATION COORDINATOR
.
(II) I
F THE PERSONAL ATTENDANCE WRIT ISSUED BY THE COURT
PAGE 4-SENATE BILL 23-039 PURSUANT TO SUBSECTION (5.5)(b)(I) OF THIS SECTION IS NOT HONORED, THE
COURT MUST PERMIT THE RESPONDENT TO ATTEND AND PARTICIPATE IN A
HEARING THROUGH AUDIO
-VISUAL COMMUNICATION TECHNOLOGY .
(c) (I) A
COURT, THE COUNTY DEPARTMENT OF HUMAN SERVICES ,
THE SHERIFF, OR THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF
CORRECTIONS MAY DEVELOP AND IMPLEMENT PROCEDURES TO FACILITATE
THE NOTIFICATION OF PROCEEDINGS AND PERS ONAL APPEARANCE OF A
RESPONDENT WHO IS INCARCERATED
.
(II) A
REPRESENTATIVE OF THE FACILITY OR JAIL WHERE THE
RESPONDENT IS INCARCERATED SHALL
, WHEN POSSIBLE, INFORM THE COURT
NOT LESS THAN SEVENTY
-TWO HOURS PRIOR TO THE PROCEEDING IF IT
CANNOT FACILITATE TRANSPORTATION OF THE RESPONDENT TO A
PROCEEDING
.
(III) A
REPRESENTATIVE OF THE FACILITY OR JAIL WHERE THE
RESPONDENT IS INCARCERATED SHALL INFORM THE COURT IF THE
RESPONDENT REFUSES TRANSPORTATION
, AND THE CIRCUMSTANCES OF THE
REFUSAL
, AS SOON AS PRACTICABLE.
(IV) I
F THE FACILITY WHERE THE RESPONDENT IS INCARCERATED
CANNOT FACILITATE TRANSPORTATION OF THE RESPONDENT TO A HEARING
PURSUANT TO THIS SUBSECTION
(5.5), THE FACILITY SHALL MAKE EVERY
REASONABLE EFFORT TO FACILITATE THE RESPONDENT
'S PARTICIPATION AT
THE HEARING THROUGH AUDIO
-VISUAL COMMUNICATION TECHNOLOGY , SO
LONG AS THE REQUIREMENTS PURSUANT TO SUBSECTION
(5.5)(b)(I) OF THIS
SECTION ARE SATISFIED
.
SECTION 5. In Colorado Revised Statutes, 19-3-507, add (1)(f)
as follows:
19-3-507. Dispositional hearing - rules. (1) (f) (I) I
F A CHILD IS
ELIGIBLE FOR SERVICES PURSUANT TO SECTION
19-3-208, AND THE CHILD'S
PARENT IS INCARCERATED IN A DEPARTMENT OF CORRECTIONS FACILITY
, A
PRIVATE CORRECTIONAL FACILITY UNDER CONTRACT WITH THE DEPARTMENT
OF CORRECTIONS
, OR A JAIL, THEN PRIOR TO ANY DISPOSITIONAL HEARING ,
THE COUNTY DEPARTMENT , UPON KNOWLEDGE OF THE INCARCERATION ,
SHALL MAKE REASONABLE EFFORTS TO INVOLVE THE PARENT WHO IS
INCARCERATED IN PLANNING THE SERVICES FOR THE CHILD
, OR DOCUMENT
PAGE 5-SENATE BILL 23-039 THE CASEWORKER 'S EFFORTS TO INCLUDE THE PARENT WHO IS
INCARCERATED IN THE PLANNING
. REASONABLE EFFORTS INCLUDE :
(A) I
N ANY MEETING CUSTOMARILY A TTENDED BY A PARENT ,
PERMITTING AND FACILITATING, TO THE EXTENT REASONABLY PRACTICABLE ,
A PARENT'S REMOTE ATTENDANCE AND PARTICIPATION THROUGH
AUDIO
-VISUAL COMMUNICATION TECHNOLOGY ;
(B) O
PPORTUNITIES FOR MEANINGFUL FAMILY TIME BETWEEN THE
CHILD AND PARENT
. IF IN-PERSON FAMILY TIME IS NOT REASONABLY
PRACTICABLE
, THE CASEWORKER SHALL COMMUNICATE WITH THE FACILITY
OR JAIL REGARDING THE FACILITY
'S OR JAIL'S ABILITY TO FACILITATE FAMILY
TIME BETWEEN THE CHILD AND PARENT THROUGH AUDIO
-VISUAL
COMMUNICATION TECHNOLOGY AND ARRANGE FOR AVAILABLE VIRTUAL
FAMILY TIME
. THE COURT SHALL CONSIDER THE PREFERENCES OF THE CHILD
AND PARENT WHEN DETERMINING WHETHER IN
-PERSON FAMILY TIME
SHOULD OCCUR
. NOTHING IN THIS SUBSECTION (1)(f) REQUIRES THE COURT
TO ORDER FAMILY TIME IF A PROTECTION ORDER PROHIBITS CONTACT
BETWEEN THE CHILD AND THE PARENT
, OR IF THE COURT DETERMINES THAT
FAMILY TIME WOULD JEOPARDIZE THE CHILD
'S MENTAL, EMOTIONAL, OR
PHYSICAL HEALTH
. THE COURT SHALL NOT DETERMINE THAT FAMILY TIME
IS NOT IN THE CHILD
'S BEST INTERESTS BASED SOLELY ON THE FACT THAT
IN
-PERSON FAMILY TIME WOULD OCCUR IN A FACILITY OR JAIL ; AND
(C) COMMUNICATING WITH THE FACILITY 'S OR JAIL'S DESIGNEE.
(II) T
HE DEPARTMENT MAY PROMULGATE RULES NECESSARY TO
COMPLY WITH THE REQUIREMENTS OF THIS SUBSECTION
(1)(f).
SECTION 6. In Colorado Revised Statutes, 19-3-508, amend
(1)(e)(I); and add (1)(e)(III) as follows:
19-3-508. Neglected or dependent child - disposition -
concurrent planning - definition. (1) When a child has been adjudicated
to be neglected or dependent, the court may enter a decree of disposition the
same day, but in any event it shall do so within forty-five days unless the
court finds that the best interests of the child will be served by granting a
delay. In a county designated pursuant to section 19-1-123, if the child is
under six years of age at the time a petition is filed in accordance with
section 19-3-501 (2), the court shall enter a decree of disposition within
PAGE 6-SENATE BILL 23-039 thirty days after the adjudication and shall not grant a delay unless good
cause is shown and unless the court finds that the best interests of the child
will be served by granting the delay. It is the intent of the general assembly
that the dispositional hearing be held on the same day as the adjudicatory
hearing, whenever possible. If a delay is granted, the court shall set forth the
reasons why a delay is necessary and the minimum amount of time needed
to resolve the reasons for the delay and shall schedule the hearing at the
earliest possible time following the delay. When the proposed disposition
is termination of the parent-child legal relationship, the hearing on
termination must not be held on the same date as the adjudication, and the
time limits set forth above for dispositional hearings do not apply. When the
proposed disposition is termination of the parent-child legal relationship,
the court may continue the dispositional hearing to the earliest available
date for a hearing in accordance with the provisions of subsection (3)(a) of
this section and part 6 of this article 3. When the decree does not terminate
the parent-child legal relationship, the court shall approve an appropriate
treatment plan that must include but not be limited to one or more of the
following provisions of subsections (1)(a) to (1)(d) of this section:
(e) (I) Except where the proposed disposition is termination of the
parent-child legal relationship,
THE CASEWORKER ASSIGNED TO THE CASE
SHALL SUBMIT AN APPROPRIATE TREATMENT PLAN AND
the court shall
approve an appropriate treatment plan involving the child named and each
respondent named and served in the action. I
F A CHILD'S PARENT IS
INCARCERATED IN A DEPARTMENT OF CORRECTIONS FACILITY
, A PRIVATE
CORRECTIONAL FACILITY UNDER CONTRACT WITH THE DEPARTMENT OF
CORRECTIONS
, OR A JAIL, THE CASEWORKER ASSIGNED TO THE CASE , UPON
KNOWLEDGE OF THE INCARCERATION
, SHALL INCLUDE INFORMATION IN THE
REPORT THAT DETAILS THE SERVICES AND TREATMENT AVAILABLE TO A
PARENT AT THE FACILITY OR JAIL WHERE THE PARENT IS INCARCERATED OR
THE CASEWORKER
'S EFFORTS TO OBTAIN THAT INFORMATION . THE COUNTY
DEPARTMENT SHALL COMMUNICATE WITH THE FACILITY OR JAIL WHERE THE
PARENT IS INCARCERATED REGARDING THE REQUIREMENTS OF THE
COURT
-ORDERED TREATMENT PLAN . However, the court may find that an
appropriate treatment plan cannot be devised as to a particular respondent
because the child has been abandoned as set forth in section 19-3-604 (1)(a)
and the parents cannot be located, or because the child has been adjudicated
as neglected or dependent based upon section 19-3-102 (2), or due to the
unfitness of the parents as set forth in section 19-3-604 (1)(b). When the
court finds that an appropriate treatment plan cannot be devised, the court
PAGE 7-SENATE BILL 23-039 shall conduct a permanency hearing as set forth in section 19-3-702 (1),
unless a motion for termination of parental rights has been filed within
thirty days after the court's finding.
(III) I
F, AFTER THE DISPOSITIONAL HEARING, THE CHILD'S PARENT
BECOMES CONTINUOUSLY INCARCERATED IN A DEPARTMENT OF
CORRECTIONS FACILITY
, A PRIVATE CORRECTIONAL FACILITY UNDER
CONTRACT WITH THE DEPARTMENT OF CORRECTIONS
, OR A JAIL FOR MORE
THAN THIRTY
-FIVE DAYS, THEN THE CASEWORKER ASSIGNED TO THE CASE ,
UPON KNOWLEDGE OF INCARCERATION , SHALL PROVIDE INFORMATION THAT
DETAILS THE SERVICES AND TREATMENT AVAILABLE TO A PARENT AT THE
FACILITY OR JAIL WHERE THE PARENT IS INCARCERATED OR THE
CASEWORKER
'S EFFORTS TO OBTAIN THE INFORMATION AT THE NEXT
SCHEDULED COURT HEARING
.
SECTION 7. In Colorado Revised Statutes, 19-3-604, repeal
(1)(b)(III) as follows:
19-3-604. Criteria for termination. (1) The court may order a
termination of the parent-child legal relationship upon the finding by clear
and convincing evidence of any one of the following:
(b) That the child is adjudicated dependent or neglected and the
court finds that an appropriate treatment plan cannot be devised to address
the unfitness of the parent or parents. In making such a determination, the
court shall find one of the following as the basis for unfitness:
(III) Long-term confinement of the parent of such duration that the
parent is not eligible for parole for at least six years after the date the child
was adjudicated dependent or neglected or, in a county designated pursuant
to section 19-1-123, if the child is under six years of age at the time a
petition is filed in accordance with section 19-3-501 (2), the long-term
confinement of the parent of such duration that the parent is not eligible for
parole for at least thirty-six months after the date the child was adjudicated
dependent or neglected and the court has found by clear and convincing
evidence that no appropriate treatment plan can be devised to address the
unfitness of the parent or parents;
SECTION 8. In Colorado Revised Statutes, 19-3-702, amend
(4)(e)(III) and (4)(e)(IV); and add (4)(e)(V) and (7) as follows:
PAGE 8-SENATE BILL 23-039 19-3-702. Permanency hearing. (4) (e) If the court finds that there
is not a substantial probability that the child or youth will be returned to a
parent or legal guardian within six months and the child or youth appears
to be adoptable and meets the criteria for adoption in section 19-5-203, the
court may order the county department of human or social services to show
cause why it should not file a motion to terminate the parent-child legal
relationship pursuant to part 6 of this article 3. Cause may include, but is not
limited to, any of the following conditions:
(III) The child's foster parents are unable to adopt the child because
of exceptional circumstances that do not include an unwillingness to accept
legal responsibility for the child. The foster parents must be willing and
capable of providing the child with a stable and permanent environment,
and it must be shown that removal of the child from the physical custody of
his or her foster parents would be seriously detrimental to the emotional
well-being of the child. or
(IV) The criteria for termination in section 19-3-604 have not yet
been met;
OR
(V) IF THE PARENT:
(A) I
S INCARCERATED IN A DEPARTMENT OF CORRECTIONS FACILITY ,
A PRIVATE CORRECTIONAL FACILITY UNDER CONTRACT WITH THE
DEPARTMENT OF CORRECTIONS
, OR A JAIL; DETAINED BY THE UNITED STATES
DEPARTMENT OF HOMELAND SECURITY
; OR DEPORTED; AND
(B) HAS A MEANINGFUL AND SAFE RELATIONSHIP WITH THE CHILD OR
YOUTH WHILE INCARCERATED
, DETAINED, OR DEPORTED.
(7) (a) I
F A CHILD'S PARENT IS INCARCERATED IN A DEPARTMENT OF
CORRECTIONS FACILITY
, A PRIVATE CORRECTIONAL FACILITY UNDER
CONTRACT WITH THE DEPARTMENT OF CORRECTIONS
, OR A JAIL, AND THE
PARENT HAS MAINTAINED A MEANINGFUL AND SAFE RELATIONSHIP WITH THE
CHILD WHILE INCARCERATED
, THE COURT SHALL MAKE FINDINGS REGARDING
WHETHER A PERMANENT PLACEMENT FOR THE CHILD EXISTS THAT PERMITS
THE PARENT TO MAINTAIN A RELATIONSHIP WITH THE CHILD
, INCLUDING
GUARDIANSHIP OR ALLOCATION OF PARENTAL RESPONSIBILITIES
, GIVING
PRIMARY CONSIDERATION TO THE CHILD
'S MENTAL, PHYSICAL, AND
EMOTIONAL NEEDS
. IF THE PROPOSED PERMANENT PLACEMENT WOULD
PAGE 9-SENATE BILL 23-039 REQUIRE THE CHILD TO TRANSFER TO ANOTHER PLACEMENT , THE COURT
SHALL CONSIDER THE FACTORS IN SUBSECTION
(6) OF THIS SECTION IN
MAKING ITS DETERMINATION
.
(b) I
N MAKING A DETERMINATION WHETHER THE PARENT WHO IS
INCARCERATED HAS MAINTAINED A MEANINGFUL AND SAFE RELATIONSHIP
WITH THE CHILD
, THE COURT SHALL GIVE PRIMARY CONSIDERATION TO THE
CHILD
'S MENTAL, EMOTIONAL, AND PHYSICAL NEEDS, AND WHETHER THE
INVOLVEMENT OF THE PARENT WHO IS INCARCERATED IN THE CHILD
'S LIFE
SERVES THE CHILD
'S BEST INTERESTS. THE COURT SHALL NOT FIND THAT THE
PARENT
'S INCARCERATION IS THE SOLE REASON THAT A RELATIONSHIP WITH
THE PARENT IS NOT IN THE CHILD
'S BEST INTERESTS, AND SHALL CONSIDER
THE PARENT
'S EFFORTS TO COMPLY WITH THE TREATMENT PLAN UNDER THE
CIRCUMSTANCES OF INCARCERATION
.
SECTION 9. In Colorado Revised Statutes, 16-11-102, amend (4);
and add (1.2) as follows:
16-11-102. Presentence or probation investigation. (1.2) E
ACH
PRESENTENCE REPORT MUST INCLUDE INFORMATION INDICATING WHETHER
THE PERSON IS A RESPONDENT IN AN OPEN DEPENDENCY AND NEGLECT
PROCEEDING PURSUANT TO ARTICLE
3 OF TITLE 19.
(4) The court, with the concurrence of the defendant and the
prosecuting attorney, may dispense with the presentence examination and
report; except that the information required by section 18-1.3-603 (2) C.R.S.
AND SUBSECTION (1.2) OF THIS SECTION and a victim impact statement shall
MUST be made in every case. The amount of restitution shall MUST be
ordered pursuant to section 18-1.3-603 C.R.S., and article 18.5 of this title
TITLE 16 and endorsed upon the mittimus. THE INFORMATION REQUIRED
PURSUANT TO SUBSECTION
(1.2) OF THIS SECTION MUST BE INCLUDED ON THE
MITTIMUS
.
SECTION 10. In Colorado Revised Statutes, add 17-42-105 as
follows:
17-42-105. Incarcerated parents - notification to court -
mittimus - family services coordinator - report - policies.
(1) (a) P
URSUANT TO SECTION 19-3-502 (5.5)(c), A REPRESENTATIVE OF THE
FACILITY WHERE THE RESPONDENT IS INCARCERATED SHALL
, WHEN
PAGE 10-SENATE BILL 23-039 POSSIBLE, INFORM THE COURT NOT LESS THAN SEVENTY -TWO HOURS PRIOR
TO A DEPENDENCY AND NEGLECT PROCEEDING IF IT CANNOT FACILITATE
TRANSPORTATION OF THE RESPONDENT TO A PROCEEDING
. A
REPRESENTATIVE OF THE FACILITY WHERE THE RESPONDENT IS
INCARCERATED SHALL INFORM THE COURT IF THE RESPONDENT REFUSES
TRANSPORTATION AND THE CIRCUMSTANCES OF THE REFUSAL AS SOON AS
PRACTICABLE
.
(b) I
F THE FACILITY WHERE THE RESPONDENT IS INCARCERATED
CANNOT FACILITATE TRANSPORTATION OF THE RESPONDENT TO A HEARING
PURSUANT TO SECTION
19-3-502 (5.5), THE FACILITY SHALL MAKE EVERY
REASONABLE EFFORT TO FACILITATE THE RESPONDENT
'S PARTICIPATION AT
THE HEARING THROUGH AUDIO
-VISUAL COMMUNICATION TECHNOLOGY , SO
LONG AS THE REQUIREMENTS PURSUANT TO SECTION
19-3-502 (5.5)(b)(I)
ARE SATISFIED.
(2) I
F A PERSON'S MITTIMUS CONTAINS INFORMATION INDICATING
THAT THE PERSON IS A PARENT TO A CHILD AND IS A PARTY TO AN OPEN
DEPENDENCY AND NEGLECT PROCEEDING PURSUANT TO ARTICLE
3 OF TITLE
19, THE DEPARTMENT SHALL:
(a) C
ONSIDER PLACING THE PERSON IN A CORRECTIONAL FACILITY
THAT FACILITATES OPPORTUNITIES FOR FAMILY TIME AT THE FACILITY
BETWEEN THE CHILD AND PARENT
, UNLESS THE COURT DETERMINES THAT
FAMILY TIME DOES NOT SERVE THE CHILD
'S BEST INTERESTS, OR A
PROTECTION ORDER PROHIBITS CONTACT BETWEEN THE CHILD AND THE
PARENT
; AND
(b) NOTIFY THE COUNTY DEPARTMENT OF HUMAN SERVICES WHERE
THE DEPENDENCY AND NEGLECT CASE IS FILED OF THE LOCATION OF THE
PARENT
'S CORRECTIONAL FACILITY AND THE CONTACT INFORMATION FOR
THE DESIGNATED INDIVIDUAL WITHIN THE LEGAL SERVICES UNIT NOT LATER
THAN FOURTEEN DAYS AFTER THE PARENT
'S ARRIVAL AT THE FACILITY.
(3) T
HE DEPARTMENT SHALL ENSURE CHILDREN AND PARENTS HAVE
ACCESS TO OPPORTUNITIES THAT FACILITATE CONTINUED RELATIONSHIPS
BETWEEN CHILDREN AND THEIR PARENTS WHO ARE INCARCERATED
,
REGARDLESS OF WHETHER THEY ARE A RESPONDENT IN A DEPENDENCY AND
NEGLECT PROCEEDING
. THE OPPORTUNITIES MUST INCLUDE:
PAGE 11-SENATE BILL 23-039 (a) EVENTS AT THE FACILITY THAT ARE CHILD -FOCUSED AND ARE
PUBLICIZED PRIOR TO THE EVENT
;
(b) F
ACILITATING ACCESS TO TREATMENT AND SERVICES TO
COMPLETE ANY TREATMENT PLAN FOR A PARENT WHO IS A PARTY TO A
PENDING DEPENDENCY AND NEGLECT PROCEEDING
; AND
(c) FACILITATING OPPORTUNITIES FOR A PARENT TO PARTICIPATE IN
THE PARENT
'S CHILD'S LIFE THROUGH AUDIO -VISUAL COMMUNICATION
TECHNOLOGY
, INCLUDING SCHOOL CONFERENCES, MEDICAL CONSULTATIONS,
AND CELEBRATIONS.
(4) T
HE DEPARTMENT SHALL DESIGNATE AT LEAST ONE INDIVIDUAL
WITHIN THE LEGAL SERVICES UNIT TO ASSIST IN FAMILY SERVICES
COORDINATION
. THE INDIVIDUAL'S DUTIES INCLUDE THE COORDINATION AND
SUPERVISION OF THE OPPORTUNITIES DESCRIBED IN SUBSECTION
(3) OF THIS
SECTION
, AND SERVING AS A LIAISON BETWEEN THE DEPARTMENT , SHERIFFS,
STATE AND COUNTY DEPARTMENTS OF HUMAN SERVICES , AND AGENCIES
CONCERNING MATTERS RELATED TO CHILDREN AND THEIR PARENTS WHO ARE
INCARCERATED
.
(5) (a) O
N OR BEFORE MARCH 1, 2024, AND ON OR BEFORE MARCH
1 EACH YEAR THEREAFTER, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT
SHALL SUBMIT A REPORT TO THE JUDICIARY COMMITTEES OF THE SENATE
AND HOUSE OF REPRESENTATIVES
, OR ANY SUCCESSOR COMMITTEES ,
CONCERNING PARENTS WHO ARE INCARCERATED . THE DEPARTMENT SHALL
COOPERATE WITH THE STATE DEPARTMENT OF HUMAN SERVICES
, COUNTY
DEPARTMENTS OF HUMAN SERVICES
, AND SHERIFFS AS NECESSARY TO
IDENTIFY THE INFORMATION REQUIRED FOR THE REPORT
. AT A MINIMUM, THE
REPORT MUST SPECIFY PERSONS INCARCERATED IN DEPARTMENT FACILITIES
,
PRIVATE CORRECTIONAL FACILITIES UNDER CONTRACT WITH THE
DEPARTMENT
, AND JAILS, DURING THE PRECEDING CALENDAR YEAR WHO
WERE A PARTY TO AN OPEN DEPENDENCY AND NEGLECT PROCEEDING
, IN
TOTAL AND DISAGGREGATED BY RACE OR ETHNICITY
, SEX, ANY KNOWN
DISABILITY
, AND AGE.
(b) O
N OR BEFORE MARCH 1, 2024, AND ON OR BEFORE MARCH 1
EACH YEAR THEREAFTER , THE DEPARTMENT SHALL MAKE THE REPORT
PUBLICLY AVAILABLE ON ITS WEBSITE
.
PAGE 12-SENATE BILL 23-039 (c) THE DEPARTMENT SHALL ENSURE THE REPORT DOES NOT
DISCLOSE ANY INFORMATION IN VIOLATION OF APPLICABLE STATE AND
FEDERAL LAWS REGARDING THE CONFIDENTIALITY OF INDIVIDUALS
'
INFORMATION.
(d) N
OTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-136
(11)(a)(I),
THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS
SUBSECTION
(5) CONTINUES INDEFINITELY.
(6) T
HE DEPARTMENT SHALL ENSURE THAT DEPARTMENTAL
POLICIES
:
(a) F
ACILITATE COMMUNICATION AND FAMILY TIME BETWEEN
CHILDREN AND THEIR PARENTS WHO ARE INCARCERATED IN A DEPARTMENT
FACILITY OR A PRIVATE CORRECTIONAL FACILITY UNDER CONTRACT WITH
THE DEPARTMENT
, REGARDLESS OF WHETHER THEY ARE A RESPONDENT IN
A DEPENDENCY AND NEGLECT PROCEEDING
. THE POLICIES MUST INCLUDE
THE PROVISION OF ACCESS TO A TELEPHONE AND AUDIO
-VISUAL
COMMUNICATION TECHNOLOGY AND ACCESS TO PHYSICAL SPACE AND
RESOURCES FOR IN
-PERSON FAMILY TIME. THE PURPOSE OF THE POLICIES IS
TO NORMALIZE
, TO THE EXTENT POSSIBLE , THE CHILD AND PARENT
RELATIONSHIP
, TO AID AND ENCOURAGE HEALTHY CHILD DEVELOPMENT ,
AND REDUCE RECIDIVISM AND INTERGENERATIONAL INCARCERATION . THE
POLICIES MUST CONSIDER THE BENEFITS TO THE CHILD THROUGH
MAINTAINING CONTACT WITH THE CHILD
'S PARENT AND THE PARENT 'S
WILLINGNESS AND DESIRE TO MAINTAIN A MEANINGFUL RELATIONSHIP WITH
THE CHILD
, AND ASSIST IN THE REUNIFICATION OF THE CHILD AND PARENT ,
WHEN APPROPRIATE. THE POLICIES MUST PRIORITIZE ACCESS TO SERVICES
PROVIDED BY THE DEPARTMENT FOR PARENTS WITH OPEN DEPENDENCY AND
NEGLECT CASES
; AND
(b) ARE NECESSARY TO COMPLY WITH THE REQUIREMENTS OF THIS
SECTION
.
SECTION 11. In Colorado Revised Statutes, add 30-10-528 as
follows:
30-10-528. Incarcerated parents - family services coordinator.
E
ACH SHERIFF SHALL DESIGNATE AT LEAST ONE INDIVIDUAL TO SERVE AS A
COMMUNICATION LIAISON BETWEEN THE COUNTY JAIL AND COUNTY
PAGE 13-SENATE BILL 23-039 DEPARTMENTS OF HUMAN SERVICES CONCERNING CHILDREN SUBJECT TO AN
OPEN DEPENDENCY AND NEGLECT CASE WHOSE PARENTS ARE INCARCERATED
IN THE JAIL FOR THE PURPOSE OF IMPROVING COMMUNICATION AND
ENSURING OPPORTUNITIES FOR FAMILY TIME
.
SECTION 12. Appropriation. (1) For the 2023-24 state fiscal
year, $31,110 is appropriated to the department of corrections. This
appropriation is from the general fund. To implement this act, the
department may use this appropriation as follows:
(a) $2,050 for use by institutions for start-up costs related to the
superintendents subprogram;
(b) $26,385 for use by support services for personal services related
to the business operations subprogram, which amount is based on an
assumption that the program will require an additional 0.4 FTE;
(c) $2,250 for use by support services for operating expenses related
to the business operations subprogram;
(d) $225 for use by support services for operating expenses related
to the communications subprogram; and
(e) $200 for use by support services for operating expenses related
to the information systems subprogram.
(2) For the 2023-24 state fiscal year, $15,111 is appropriated to the
department of human services for use by the division of child welfare. This
appropriation is from the general fund. To implement this act, the division
may use this appropriation as follows:
(a) $9,396 for administration; and
(b) $5,715 for Colorado TRAILS.
(3) For the 2023-24 state fiscal year, the general assembly
anticipates that the department of human services will receive $4,481 in
federal funds for use by the division of child welfare to implement this act,
which amount is subject to the "(I)" notation as defined in the annual
general appropriation act for the same fiscal year. The appropriation in
PAGE 14-SENATE BILL 23-039 subsection (2) of this section is based on the assumption that the division
will receive this amount of federal funds to be used as follows:
(a) $1,404 for administration; and
(b) $3,077 for Colorado TRAILS.
(4) For the 2023-24 state fiscal year, $7,425 is appropriated to the
judicial department for use by the trial courts. This appropriation is from the
general fund, and is based on an assumption that the department will require
an additional 0.1 FTE. To implement this act, the office may use this
appropriation for trial court programs.
SECTION 13. Effective date. This act takes effect January 1, 2024.
PAGE 15-SENATE BILL 23-039 SECTION 14. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 16-SENATE BILL 23-039