First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0831.01 Michael Dohr x4347
SENATE BILL 25-190
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING PROCESSES FOR OFFENDER RELEASE FROM CUSTODY .101
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Under current law, a sheriff may allow an individual to choose to
stay in jail overnight after release when extenuating circumstances exist.
The bill states it is an extenuating circumstance to facilitate a connection
to a service provider. If a defendant remains in jail overnight, the
defendant must be released by 10 a.m. the next morning.
Under current law, there is a distinction for those who are 55 years
of age or older, and for those under that age with certain medical
conditions, for special needs parole. The bill changes that distinction. The
SENATE SPONSORSHIP
Ball,
HOUSE SPONSORSHIP
Bacon and Soper,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. bill makes an inmate eligible for special needs parole if the inmate is 55
years of age or older and suffers from a diagnosed severe cognitive
impairment or serious impairment that limits the person's ability to
function. The bill makes an inmate eligible for special needs parole if the
inmate is under 55 years of age and suffers from a diagnosed severe
cognitive impairment or serious impairment that limits the person's ability
to function; has served at least 25% of the inmate's sentence, or 10 years
imprisonment, whichever is shorter; and has not incurred a class I code
of penal discipline violation within the 12 months before the date of the
application for special needs parole. The bill makes a person eligible for
special needs parole if the person has a condition such as advanced or
metastatic cancer; end-stage renal disease; end-stage chronic obstructive
pulmonary disorder; end-stage heart disease; end-stage liver disease;
progressive neurodegenerative disease such as Huntington's disease,
Parkinson's disease, and amyotrophic lateral sclerosis; intractable seizure
disorder; severe dementia; or Alzheimer's disease. The bill provides that
when a health-care provider who is providing care to the person makes a
determination that the person's medical condition meets the standard for
special needs parole, then a referral must be made to the parole board.
The department of corrections is required to include in each
contract with a licensed health-care provider involved in providing patient
care to an inmate a requirement that the provider screen each patient for
eligibility for special needs parole.
The bill requires legislative council staff to conduct a study of
options for releasing aging and seriously ill offenders from secure custody
to appropriate care or placing offenders in alternative programs that can
better provide the offender's needed medical care.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 16-4-102, amend2
(2)(b)(I) as follows:3
16-4-102. Right to bail - before conviction. (2) (b) (I) A judge,4
judicial officer, or bond hearing officer shall not require a monetary bond5
to be paid in the defendant's name. Bond may be paid, at a minimum, by6
cash, money order, or cashier's check. If bond is paid by money order or7
cashier's check, the money order or cashier's check may be payable to the8
holding county. Before bond is posted, the sheriff shall provide the9
defendant and surety, if any, a copy of the notice described in subsection10
SB25-190-2- (2)(h)(I) of this section. When the bond is posted, the sheriff shall provide1
the defendant and surety, if any, a copy of the bond paperwork and2
information regarding the defendant's next court date. The individual3
processing the bond shall certify, in writing, that the payor PAYER4
received a copy of the bond paperwork, the notice described in subsection5
(2)(h)(I) of this section, and information regarding the defendant's next6
court date and shall place a copy of the certification in the defendant's7
file. Notwithstanding the provisions of this section, a sheriff may allow8
an individual to choose to stay in jail overnight after release when9
extenuating circumstances exist, including inclement weather, lack of10
transportation, or lack of shelter, OR TO FACILITATE A CONNECTION TO A11
SERVICE PROVIDER. IF A DEFENDANT REMAINS IN JAIL OVERNIGHT , THE12
DEFENDANT MUST BE RELEASED BY 10 A.M. THE NEXT MORNING.13
SECTION 2. In Colorado Revised Statutes, 17-1-102, amend14
(6.7), (7.4), and (7.5); and add (7.6) as follows:15
17-1-102. Definitions. As used in this title 17, unless the context16
otherwise requires:17
(6.7) "Inmate liaison" means an inmate's family member or18
attorney; a government agency;
A PUBLIC DEFENDER LIAISON, DESCRIBED19
IN SECTION 21-1-104, TO THE DEPARTMENT OF CORRECTIONS AND THE20
STATE BOARD OF PAROLE; or a representative from an organization with21
experience in helping inmates apply for special needs parole, high-needs22
prerelease planning, or reentry. The organization must be in good23
standing with the Colorado secretary of state for the past twelve24
consecutive months, and the organization's involvement must be at the25
request of the inmate, or an inmate's family member or attorney should26
the inmate be unable to make the request.27
SB25-190
-3- (7.4) "Serious impairment that limits a person's ability to function"1
means a medically diagnosed physical or mental condition that is chronic2
and long term in nature and severely limits a person's ability to3
independently perform essential day-to-day activities without daily4
intervention, attention, or support from an inmate aide or professional5
caregiver A MEDICALLY DIAGNOSED PHYSICAL OR MENTAL C ONDITION6
THAT IS CHRONIC AND LONG TERM IN NATURE AND THAT CAUSES THE7
INMATE TO REQUIRE ASSISTANCE WITH TWO OR MORE ACTIVITIES OF DAILY8
LIVING. SUCH CONDITIONS INCLUDE, BUT ARE NOT LIMITED TO, ADVANCED9
OR METASTATIC CANCER ; END-STAGE RENAL DISEASE ; END-STAGE10
CHRONIC OBSTRUCTIVE PULMONARY DISORDER ; END-STAGE HEART11
DISEASE; END-STAGE LIVER DISEASE; PROGRESSIVE NEURODEGENERATIVE12
DISEASE SUCH AS HUNTINGTON'S DISEASE, PARKINSON'S DISEASE, AND13
AMYOTROPHIC LATERAL SCLEROSIS ; AND INTRACTABLE SEIZURE14
DISORDER.15
(7.5) (a) "Special needs offender" means a person in the custody16
of the department:17
(I) Who is fifty-five years of age or older and has been diagnosed18
by a licensed health-care provider who is employed by or under contract19
with the department or by a private licensed health-care provider involved20
in providing patient care to the inmate as suffering from a chronic21
infirmity, illness, condition, disease, or behavioral or mental health22
disorder that causes serious impairment that limits the person's ability to23
function;24
(II) Who, as determined by a licensed health-care provider who25
is employed by or under contract with the department or by a private26
licensed health-care provider involved in providing patient care to the27
SB25-190
-4- inmate, suffers from a chronic, permanent, terminal, or irreversible1
physical illness, condition, disease, or a behavioral or mental health2
disorder that requires costly care or treatment and who is incapacitated;3
(III) Who is sixty-four years of age or older and has served at least4
twenty years of the person's sentence and was not convicted of a class 15
or class 2 felony for a crime as defined in section 24-4.1-302 (1),6
unlawful sexual behavior as defined in section 16-22-102 (9), a crime that7
includes domestic violence as defined in section 18-6-800.3 (1), or8
stalking as described in section 18-3-602; or9
(IV) Who, as determined by a licensed health-care provider who10
is employed by or under contract with the department or a competency11
evaluator as defined in section 16-8.5-101 (3) and approved by the12
department of human services, on the basis of available evidence, not13
including evidence resulting from a refusal of the person to accept14
treatment, is incompetent to proceed and does not have a substantial15
probability of being restored to competency for the completion of any16
sentence including a person who has been diagnosed with dementia that17
renders the person incompetent to proceed. As used in this subsection18
(7.5)(a)(IV), "competency" has the same meaning as "competent to19
proceed", as defined in section 16-8.5-101 (5), and "incompetent to20
proceed" has the same meaning as defined in section 16-8.5-101 (12).21
(b) (I) Notwithstanding subsection (7.5)(a) of this section, "special22
needs offender" does not include a person who:23
(A) Was convicted of a class 1 felony and sentenced to life with24
the possibility of parole and the offender has served fewer than twenty25
calendar years in a department of corrections facility for the offense;26
(B) Was convicted of a class 1 felony and sentenced to life27
SB25-190
-5- without parole; or1
(C) Was convicted of a class 2 felony crime of violence as2
described in section 18-1.3-406 and the offender has served fewer than3
ten calendar years in a department of corrections facility for the offense.4
(II) This subsection (7.5)(b) does not apply to an inmate who has5
been diagnosed as having a terminal illness with an anticipated life6
expectancy of twelve months or less by a licensed health-care provider7
who is employed by or under contract with the department or by a private8
licensed health-care provider involved in providing patient care to the9
inmate. "SEVERE COGNITIVE IMPAIRMENT " MEANS A SUBSTANTIAL10
DISORDER OF COGNITIVE ABILITY OR MENTAL ILLNESS THAT RESULTS IN11
MARKED FUNCTIONAL DISABILITY , SIGNIFICANTLY INTERFERING WITH12
ADAPTIVE BEHAVIOR AND CAUSING AN INMATE TO REQUIRE ASSISTANCE13
WITH TWO OR MORE ACTIVITIES OF DAILY LIVING . SUCH CONDITIONS14
INCLUDE, BUT ARE NOT LIMITED TO, SEVERE DEMENTIA AND ALZHEIMER'S15
DISEASE.16
(7.6) (a) "S
PECIAL NEEDS OFFENDER" MEANS AN INMATE IN THE17
CUSTODY OF THE DEPARTMENT :18
(I)
WHO HAS BEEN DIAGNOSED BY A LICENSED HEALTH -CARE19
PROVIDER WHO IS INVOLVED IN PROVIDING PATIENT CARE TO THE INMATE ,20
OR WHO HAS PERSONALLY ASSESSED THE INMATE 'S CONDITION, AS21
SUFFERING SERIOUS IMPAIRMENT THAT LIMITS THE PERSON 'S ABILITY TO22
FUNCTION AND:23
(A) I
S FIFTY-FIVE YEARS OF AGE OR OLDER; OR24
(B) I
S UNDER FIFTY-FIVE YEARS OF AGE; HAS SERVED AT LEAST25
TWENTY-FIVE PERCENT OF THE INMATE 'S SENTENCE, OR TEN YEARS26
IMPRISONMENT, WHICHEVER IS SHORTER; AND HAS NOT INCURRED A CLASS27
SB25-190
-6- I CODE OF PENAL DISCIPLINE VIOLATION WITHIN TWELVE MONTHS BEFORE1
THE DATE OF THE APPLICATION FOR SPECIAL NEEDS PAROLE ;2
(II) W
HO HAS BEEN DETERMINED BY A LICENSED HEALTH -CARE3
PROVIDER WHO IS INVOLVED IN PROVIDING PATIENT CARE TO THE INMATE ,4
OR WHO HAS PERSONALLY ASSESSED THE INMATE 'S CONDITION, AS5
SUFFERING FROM SEVERE COGNITIVE IMPAIRMENT AND :6
(A) I
S FIFTY-FIVE YEARS OF AGE OR OLDER; OR7
(B) I
S UNDER FIFTY-FIVE YEARS OF AGE; HAS SERVED AT LEAST8
TWENTY-FIVE PERCENT OF THE INMATE 'S SENTENCE, OR TEN YEARS9
IMPRISONMENT, WHICHEVER IS SHORTER; AND HAS NOT INCURRED A CLASS10
I
CODE OF PENAL DISCIPLINE VIOLATION WITHIN TWELVE MONTHS BEFORE11
THE DATE OF THE APPLICATION FOR SPECIAL NEEDS PAROLE .12
(b) (I) N
OTWITHSTANDING SUBSECTION (7.6)(a) OF THIS SECTION,13
"
SPECIAL NEEDS OFFENDER" DOES NOT INCLUDE AN INMATE WHO :14
(A) W
AS CONVICTED OF A CLASS 1 FELONY AND SENTENCED TO15
LIFE IMPRISONMENT WITH THE POSSIBILITY OF PAROLE AND THE INMATE16
HAS SERVED FEWER THAN TWENTY CALENDAR YEARS IN A DEPARTMENT17
OF CORRECTIONS FACILITY FOR THE OFFENSE ;18
(B) W
AS CONVICTED OF A CLASS 1 FELONY AND SENTENCED TO19
LIFE IMPRISONMENT WITHOUT THE POSSIBILITY OF PAROLE ; OR20
(C) W
AS CONVICTED OF A CLASS 2 FELONY CRIME OF VIOLENCE AS21
DESCRIBED IN SECTION 18-1.3-406 AND THE INMATE HAS SERVED FEWER22
THAN TEN CALENDAR YEARS IN A DEPARTMENT OF CORRECTIONS FACILITY23
FOR THE OFFENSE.24
(II) T
HIS SUBSECTION (7.6)(b) DOES NOT APPLY TO AN INMATE25
WHO HAS BEEN DIAGNOSED AS HAVING A TERMINAL ILLNESS THAT IS26
IRREVERSIBLE, UNLIKELY TO BE CURED, AND LIKELY TO CAUSE DEATH BY27
SB25-190
-7- THE LICENSED HEALTH-CARE PROVIDER WHO IS PROVIDING PATIENT CARE1
TO THE INMATE FOR THE TERMINAL ILLNESS .2
SECTION 3. In Colorado Revised Statutes, 17-22.5-403.5,3
amend (1) introductory portion, (3)(a) introductory portion, (3)(b)4
introductory portion, (3)(b.5), (4)(a), (4)(b), and (4)(f); repeal (2); and5
add (3)(a)(III.5), (3)(b)(V), and (9) as follows:6
17-22.5-403.5. Special needs parole. (1) Notwithstanding any7
provision of law to the contrary, a special needs offender, as defined in8
section 17-1-102 (7.5)(a) SECTION 17-1-102 (7.6), may be eligible for9
parole prior to or after the offender's parole eligibility date pursuant to10
this section if:11
(2) This section shall apply to any inmate applying for parole on12
or after July 1, 2001, regardless of when the inmate was sentenced. The13
provisions of this section shall not affect the length of the parole period14
to which a special needs offender would otherwise be subject.15
(3) (a) The department is responsible for identifying inmates who16
are special needs offenders. and ONCE A LICENSED HEALTH -CARE17
PROVIDER WHO IS INVOLVED IN PROVIDING PATIENT CARE TO AN INMATE18
DETERMINES, AND DOCUMENTS IN THE PATIENT'S MEDICAL RECORD, THAT19
THE INMATE SUFFERS FROM A SERIOUS IMPAIRMENT THAT LIMITS THE20
INMATE'S ABILITY TO FUNCTION, OR A SEVERE COGNITIVE IMPAIRMENT ,21
THE DEPARTMENT shall submit a referral to the state board of parole for22
all special needs offenders THE INMATE. A LICENSED HEALTH-CARE23
PROVIDER MUST NOT BE LIABLE TO ANY PERSON REGARDING A24
DETERMINATION WHETHER AN INMATE HAS A SERIOUS IMPAIRMENT THAT25
LIMITS A PERSON'S ABILITY TO FUNCTION OR SEVERE COGNITIVE26
IMPAIRMENT. IF THE INMATE HAS BEEN DIAGNOSED BY A LICENSED27
SB25-190
-8- HEALTH-CARE PROVIDER AS SUFFERING FROM A SERIOUS IMPAIRMENT1
THAT LIMITS THE INMATE'S ABILITY TO FUNCTION, OR A SEVERE COGNITIVE2
IMPAIRMENT, THE DEPARTMENT SHALL NOT SET ASIDE OR DISREGARD3
THAT DETERMINATION ON THE BASIS THAT AN EMPLOYEE OF THE4
DEPARTMENT DOES NOT CONCUR IN THAT ASSESSMENT . THE DEPARTMENT5
SHALL NOT DETERMINE THAT AN INMATE DOES NOT HAVE A SERIOUS6
IMPAIRMENT THAT LIMITS AN INMATE 'S ABILITY TO FUNCTION BASED ON7
THE DEPARTMENT'S ABILITY TO ACCOMMODATE THE INMATE 'S PHYSICAL8
OR MENTAL IMPAIRMENT. THE DEPARTMENT SHALL SUBMIT A REFERRAL9
TO THE STATE BOARD OF PAROLE FOR ALL OTHER SPECIAL NEEDS10
OFFENDERS IDENTIFIED BY THE DEPARTMENT . If notification to the district11
attorney is required pursuant to subsection (3)(c)(II) of this section, the12
inmate shall authorize the department to release the information described13
in subsections (3)(b)(I) and (3)(b)(I.5) of this section to the district14
attorney. An inmate or inmate liaison, if the inmate is unable to, may also15
request that the department make a determination of whether an inmate16
is eligible for special needs parole and the department shall make a17
determination within thirty days after receiving the request. unless a18
competency evaluation has been requested. The department, in19
consultation with the state board of parole, shall develop any necessary20
policies and procedures regarding special needs parole to ensure that:21
(III.5) T
HE DEPARTMENT SHARES RELEVANT AND NECESSARY22
DATA AND INFORMATION WITH THE PUBLIC DEFENDER LIAISONS AS23
DESCRIBED IN SECTION 21-1-104 IN ORDER TO ALLOW THE LIAISONS TO24
EFFECTIVELY ASSIST SPECIAL NEEDS PAROLE APPLICANTS .25
(b) If an inmate meets the eligibility requirements pursuant to26
section 17-1-102, the department shall submit a referral to the board that,27
SB25-190
-9- in addition to the requirements of section 17-22.5-404 (4)(a), shall include1
INCLUDES:2
(V) A
NY INFORMATION, STATEMENTS, LETTERS, AND DOCUMENTS3
PROVIDED BY THE INMATE LIAISON OR BY THE PUBLIC DEFENDER LIAISON4
AS DESCRIBED IN SECTION 21-1-104, IF THE PUBLIC DEFENDER LIAISON5
PROGRAM IS ASSISTING THE INMATE. THE PAROLE BOARD SHALL REVIEW6
AND CONSIDER THE SUBMISSION BY THE PUBLIC DEFENDER LIAISON .7
(b.5) The department shall provide a copy of the referral packet8
submitted to the parole board to the inmate or inmate liaison
AND TO THE9
PUBLIC DEFENDER LIAISON AS DESCRIBED IN SECTION 21-1-104, IF THE10
PUBLIC DEFENDER LIAISON PROGRAM IS ASSISTING THE INMATE , except for11
the victim impact statement and response from the district attorney. The12
inmate, or
inmate liaison, OR THE PUBLIC DEFENDER LIAISON AS13
DESCRIBED IN SECTION 21-1-104, has thirty calendar days to submit14
additional health records or other relevant information not included in the15
referral packet to the department for submission to the parole board prior16
to the parole board's decision.17
(4) (a) The state board of parole shall consider an inmate for18
special needs parole upon referral by the department and
SHALL CONSIDER19
ALL OF THE INFORMATION PROVIDED TO THE BOARD PURSUANT TO20
SUBSECTION (3) OF THIS SECTION AND ANY VICTIM IMPACT STATEMENT .21
(b) The state board of parole shall make a determination of the22
risk of reoffense that the inmate poses after considering the factors in
23
section 17-22.5-404 (4)(a), as well as the nature and severity of the24
inmate's medical or physical condition, the age of the inmate, the ability25
of the department to adequately provide necessary medical or behavioral26
health treatment, the inmate's CURRENT AND UP-TO-DATE risk and needs27
SB25-190
-10- assessment scores, the nature and severity of the offense for which the1
inmate is currently incarcerated, the inmate's criminal history, the inmate's2
institutional conduct, program and treatment participation, and other3
relevant risk and risk-reduction factors.4
(f) If, prior to or during any parole
REVOCATION hearing,5
INCLUDING HEARINGS FOR OFFENDERS GRANTED PAROLE PURSUANT TO6
SUBSECTION (5) OF THIS SECTION, the department or any
A member of the7
parole board has a substantial and good-faith reason to believe that the8
offender is incompetent to proceed, as defined in section 16-8.5-101 (12),9
the parole board shall suspend all proceedings and notify the public10
defender liaison described in section 21-1-104 (6). The office of state11
public defender shall be appointed by the court to represent the inmate12
and shall file a written motion with the trial court that imposed the13
sentence to determine competency. The motion must contain a certificate14
of counsel stating that the motion is based on a good-faith belief that the15
inmate is incompetent to proceed. The motion must set forth the specific16
facts that have formed the basis for the motion. The court shall seal the17
motion. The court shall follow all the relevant procedures in article 8.5 of18
title 16 regarding the determination of competency. The presence of the19
inmate is not required unless there is good cause shown.20
(9) T
HE DEPARTMENT SHALL INCLUDE IN EACH CONTRACT WITH A21
LICENSED HEALTH-CARE PROVIDER INVOLVED IN PROVIDING PATIENT CARE22
TO AN INMATE A REQUIREMENT THAT THE PROVIDER SCREEN EACH23
PATIENT FOR ELIGIBILITY FOR SPECIAL NEEDS PAROLE .24
SECTION 4. In Colorado Revised Statutes, add 2-3-313 as25
follows:26
2-3-313. Legislative council staff - study correctional release27
SB25-190
-11- options for aging and seriously ill offenders. (1) L EGISLATIVE COUNCIL1
STAFF SHALL CONDUCT A STUDY OF OPTIONS FOR RELEASING AGING AND2
SERIOUSLY ILL OFFENDERS FROM SECURE CUSTODY TO APPROPRIATE CARE3
OR PLACING OFFENDERS IN ALTERNATIVE PROGRAMS THAT CAN BETTER4
PROVIDE THE OFFENDER'S NEEDED MEDICAL CARE.5
(2) T
HE STUDY MUST INCLUDE, BUT IS NOT LIMITED TO:6
(a) A
REVIEW OF THE COMPASSIONATE RELEASE OR SPECIAL NEEDS7
PAROLE LAWS OF OTHER STATES , INCLUDING A REVIEW OF THE FEDERAL8
COMPASSIONATE RELEASE LAWS ;9
(b) A
DESCRIPTION OF PLACEMENT PROGRAMS IN USE IN OTHER10
STATES THAT HAVE BEEN SHOWN TO BE EFFECTIVE IN ADDRESSING THE11
TRANSITION AND PLACEMENT OF THE AGING AND SERIOUSLY ILL OFFENDER12
POPULATION, INCLUDING A DESCRIPTION OF THE FUNDING SOURCES USED13
TO SUPPORT THE PROGRAMS, WHICH MUST INCLUDE MEDICAID, MEDICARE,14
SOCIAL SECURITY, AND ANY OTHER GOVERNMENTAL RESOURCES ;15
(c) I
DENTIFYING ALTERNATIVE FACILITIES THAT ARE AVAILABLE16
IN COLORADO TO RECEIVE AGING AND SERIOUSLY ILL OFFENDERS ,17
INCLUDING NURSING HOMES AND OTHER COMMUNITY -BASED RESIDENTIAL18
OR NON-RESIDENTIAL PROGRAMS;19
(d) A
DESCRIPTION OF THE ABILITY OF CURRENT OR FUTURE20
COMMUNITY CORRECTIONS PROVIDERS TO DEVELOP PLACEMENTS AND21
PROGRAMS TO SERVE THE AGING AND SERIOUSLY ILL OFFENDER22
POPULATION, INCLUDING WHETHER THE EXISTING COMMUNITY23
CORRECTIONS RESIDENTIAL PROGRAMS ARE COMPLIANT WITH THE24
FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC.25
12101
ET SEQ.;26
(e) A
DESCRIPTION OF THE ABILITY OF THE DEPARTMENT TO27
SB25-190
-12- ACCESS MEDICAID OR OTHER HEALTH -CARE FUNDS FOR PLACEMENTS1
OUTSIDE OF THE DEPARTMENT , THE EXTENT OF THE FUNDING, AND HOW2
THE FUNDING COULD BE INCREASED BY THE PLACEMENT OF AGING AND3
SERIOUSLY ILL OFFENDERS IN THE COMMUNITY ; AND4
(f) I
DENTIFYING ANY STATUTORY OR OTHER LEGAL REGULATIONS5
THAT CREATE BARRIERS TO THE IMPLEMENTATION OF COMMUNITY -BASED6
PROGRAMS FOR THE PLACEMENT AND TRANSITION OF OFFENDERS .7
(3) L
EGISLATIVE COUNCIL STAFF SHALL PREPARE A REPORT8
SUMMARIZING THE RESULTS OF THE STUDY REQUIRED BY THIS SECTION9
BEFORE DECEMBER 15, 2025, AND SHALL SUBMIT THE REPORT TO THE10
DEPARTMENT, THE JOINT BUDGET COMMITTEE , THE LEGISLATIVE AUDIT11
COMMITTEE, AND THE HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE12
AND THE SENATE JUDICIARY COMMITTEE , OR THEIR SUCCESSOR13
COMMITTEES.14
SECTION 5. Act subject to petition - effective date. This act15
takes effect at 12:01 a.m. on the day following the expiration of the16
ninety-day period after final adjournment of the general assembly; except17
that, if a referendum petition is filed pursuant to section 1 (3) of article V18
of the state constitution against this act or an item, section, or part of this19
act within such period, then the act, item, section, or part will not take20
effect unless approved by the people at the general election to be held in21
November 2026 and, in such case, will take effect on the date of the22
official declaration of the vote thereon by the governor.23
SB25-190
-13-