APPROVED by Governor March 24, 1999
EFFECTIVE March 24, 1999
S.B. 99-50 Sentencing of sex offenders - consideration of prior criminal and delinquency records. Requires the juvenile presentence investigation on certain juvenile sex offenders to include the juvenile's prior criminal and delinquency record. Directs a juvenile court, when sentencing certain juvenile sex offenders, to consider such prior record.
Directs the adult presentence report to include a defendant's juvenile delinquency record if the defendant is convicted of certain sex offenses. Directs the sentencing court, in determining the appropriate sentencing alternative for such defendants, to consider the defendant's prior criminal and juvenile delinquency records, if any. Defines "convicted" to include a deferred judgment and sentence, a deferred adjudication, an adjudication, and pleas of guilty or nolo contendere.
Authorizes the adult probation department to have access to court juvenile delinquency records for purposes of the presentence investigation and to prepare the presentence report on criminal defendants who are convicted of certain sex offenses.
APPROVED by Governor April 15, 1999
EFFECTIVE July 1, 1999
S.B. 99-75 Child support - family support court registry - child support orders - child support incentive payments - family support registry - state case registry. Extends the October 1, 1999, repeal of family support registries in the district courts to January 1, 2001.
Eliminates the requirement that child support orders include the following information: The parties' telephone numbers, driver's license numbers, and information concerning the parties' employers.
Clarifies that requests for review before a magistrate shall be filed within 15 days for paternity and support proceedings under articles 4 and 6, respectively, of the "Colorado Children's Code".
Specifies that if the court enters an order determining the existence of a parent-child relationship during the course of a dependency and neglect proceeding, the court shall order that a new birth certificate be issued.
Changes the child support incentive payments formula to conform with the federal "Child Support Performance and Incentive Act of 1998", effective January 1, 2000.
Specifies that the family support registry shall be available for the receipt of support orders for use by all counties and judicial districts consistent with the requirements of federal law. Amends the family support registry provisions to accommodate the receipt of maintenance payments and payments of maintenance combined with child support by the family support registry.
Adds that the state case registry shall include the social security number of each child who is the subject of the order and the date of birth of each parent.
Portions effective July 1, 1999, with varying applicabilities. Portions effective January 1, 2000.
APPROVED by Governor May 29, 1999
PORTIONS EFFECTIVE July 1, 1999,
January 1, 2000
S.B. 99-130 Juvenile justice - eligibility for youthful offender system - repeat juvenile offenders - jail as condition of probation - revocation of bond - venue - bail - service of summons - statements made while in custody. Allows certain juveniles who are convicted of class 2 felonies to be sentenced to the youthful offender system in the department of corrections. Extends the potential length of sentence for such juveniles to 7 years in the youthful offender system. Allows juveniles for whom criminal charges are transferred to the district court to be sentenced to the youthful offender system under the same circumstances as apply to juveniles against whom criminal charges are directly filed in district court.
Requires any juvenile who is adjudicated a repeat juvenile offender to be placed or committed out of the home for a minimum of one year, unless the juvenile court finds that an alternative sentence or commitment of less than one year would be more appropriate. Allows the judge to sentence a repeat juvenile offender who is 18 years of age or older at the time of sentencing to up to 2 years in a county jail or a community correctional facility or program.
For any person who is adjudicated for an act committed prior to his or her eighteenth birthday, but who is over 18 years of age at the time of sentencing, increases to 90 days the length of time for which the court may sentence the person to county jail as a condition of probation or following revocation of probation; but allows the court to sentence said person to a period of up to 180 days in county jail as a condition of probation or following revocation of probation if the person is released for school attendance, job training, or employment.
Allows a parent, guardian, legal custodian, or other adult responsible for a juvenile who is released on bond to request the court to revoke the bond and remand the juvenile to custody if said person determines he or she cannot control the juvenile. Clarifies that a juvenile may be released on bond if he or she appears on a summons. Clarifies that service of a summons upon a juvenile's parent, guardian, legal custodian, or physical custodian is sufficient to compel attendance of both the juvenile and the parent, guardian, legal custodian, or physical custodian in court.
Allows transfer of venue only after adjudication and sentencing unless the court finds that a change in venue is necessary to ensure a fair trial. Clarifies that, for any juvenile who is placed in the legal custody of a county department of social services, the juvenile is deemed to reside within the county in which the legal custodian is located, even if the juvenile is physically residing in a residential facility that is in another county. Prohibits a court from transferring jurisdiction to a county other than the county in which the legal custodian is located.
Specifies that a statement made by a juvenile in the course of a custodial interrogation at which the juvenile's parent, guardian, or legal or physical custodian is not present may be admissible if the juvenile misrepresents his or her age as 18 years of age or older and the law enforcement official acts in good faith reliance on the misrepresentation.
Corrects certain statutory references regarding appointment and authority of magistrates.
APPROVED by Governor June 4, 1999
EFFECTIVE July 1, 1999
H.B. 99-1073 Dissolution of marriage - disposition of property - division of public employee retirement benefits. Specifies that the parties to a domestic relations action must submit a written agreement to divide a public employee retirement benefit to the plan administrator within 90 days after entry of the decree and the permanent orders regarding property distribution, rather than at the time of the dissolution of marriage, legal separation, or declaration of invalidity.
Requires the plan administrator to wait 30 days after submission of the order approving the agreement before making the first payment.
Clarifies that a court shall have jurisdiction to modify an order approving a written agreement dividing a public employee retirement benefit if the parties have agreed in writing to the modification.
APPROVED by Governor March 15, 1999
EFFECTIVE March 15, 1999
H.B. 99-1094 Juvenile justice - aggravated juvenile offenders - sentencing. Requires aggravated juvenile offenders adjudicated for an offense that would constitute a class 2 felony if committed by an adult to be committed to the department of human services for a determinate period of at least 3 but not more than 5 years.
Requires aggravated juvenile offenders adjudicated for an offense that would constitute a class 1 felony if committed by an adult to be committed to the department of human services for a determinate period of at least 3 but not more than 7 years.
Allows the department to petition the court for parole on behalf of a juvenile who is sentenced for an offense other than an offense that would constitute a class 1 or a class 2 felony if committed by an adult at any time after the juvenile has served the minimum mandatory period of commitment or 3 years, whichever is sooner.
Applies to offenses committed on or after July 1, 1999.
APPROVED by Governor March 10, 1999
EFFECTIVE July 1, 1999
H.B. 99-1115 Domestic violence - voluntary contribution on tax return - domestic abuse programs - publication of name change - family violence justice fund - appropriation. Extends the voluntary contribution tax check-off for the Colorado domestic abuse program for 7 more years.
Specifies that the Colorado domestic abuse program may be funded through general fund moneys. Grants the executive director of the department of human services the authority to expend such general fund moneys for the program.
Exempts persons seeking a name change from the statutory publication requirement if such person was a victim of a domestic violence-related crime, a victim of child abuse, or a victim of domestic abuse.
Establishes the family violence justice fund in the state treasury. Authorizes the state court administrator to make grants from the fund directly to qualifying organizations providing civil legal services to indigent residents of the state of Colorado who are victims of family violence. Defines the term "family violence". Lists the types of services that may be provided with moneys from the fund. Sets forth an application procedure by which organizations may seek grants from the family violence justice fund.
Appropriates $250,000 to the department of human services, for allocation to the Colorado domestic abuse program fund for the implementation of this act. Appropriates $250,000 to the judicial department, for allocation to the state court administrator, for the implementation of this act. Adjusts the general fund appropriation made to the capital construction fund in the annual general appropriations act by $500,000.
Appropriates $150,000 to the department of human services, for allocation to the Colorado domestic abuse program fund, in fiscal year beginning July 1, 2000, for the implementation of this act. Appropriates $150,000 to the judicial department, for allocation to the state court administrator, in fiscal year beginning July 1, 2000, for the implementation of this act. Directs the such appropriations be derived from savings generated from the passage of House Bill No. 99-1168.
Provides that section 9 of this act shall take effect July 1, 2000; except that said section shall only take effect if:
APPROVED by Governor June 2, 1999
PORTIONS EFFECTIVE June 2, 1999,
July 1, 2000
NOTE: House Bill 99-1168 was signed by the Governor on May 24, 1999.
H.B. 99-1146 Adoption - "Adoption and Safe Families Act of 1997" - implementation - appropriation. Clarifies current statutory provisions designed to implement the federal "Adoption and Safe Families Act of 1997" and creates additional statutory provisions in order to assure proper and complete implementation of the federal act.
Applies federal reasonable efforts requirements to the juvenile justice process for juveniles sentenced to community placement on or after July 1, 1999. Requires the court to include specific findings in any order removing a juvenile delinquent from the home for placement in a detention facility, a temporary holding facility, or a shelter facility or in any order sentencing a juvenile delinquent to a community placement. Defines "community placement" to comport with federal standards.
Clarifies that the 6-month review of a juvenile delinquent's community placement subsequent to the 90-day review may be an administrative review conducted by the department of human services if there is no objection by a party to the action. Requires the entity conducting the review to provide notice of the review to the juvenile, the juvenile's parents or guardian, any service providers working with the juvenile, the juvenile's guardian ad litem, if any, and all attorneys of record. Requires the entity conducting the review to make specific determinations at the review. Specifies that the entity conducting the review on behalf of a juvenile placed out of state shall make a determination that the out-of-state placement continues to be appropriate and in the best interests of the child.
Clarifies that a permanency hearing to review placement conducted on behalf of a juvenile delinquent placed in a community placement for a period of one year or longer must be held within said year and may be an administrative review conducted by the department of human services, absent objection by any party to the action. Identifies specific issues that the entity conducting the review must determine at the permanency review. Specifies that the entity conducting the review on behalf of a juvenile placed out of state shall make a determination that the out-of-state placement continues to be appropriate and in the best interests of the child.
Clarifies that a petition alleging the dependency or neglect of a child shall include a statement recognizing the court's requirement to hold a mandatory permanency hearing within one year if the child is placed out of the home for a period of 12 months or longer. Clarifies that a petition for a review of the need for placement shall include a statement recognizing the requirement to hold a mandatory permanency hearing if the child is placed out of the home for a period of 12 months or longer.
Clarifies that "reasonable efforts" findings are required at 90-day review hearings, permanency hearings, periodic reviews, and any subsequent reviews for dependent or neglected children placed out of the home. Requires the entity conducting any such review on behalf of a child placed out of state to make a determination that the out-of-state placement continues to be appropriate and in the best interests of the child.
Changes the phrase "permanency planning hearings" to "permanency hearings".
Appropriates $53,048 and 1.0 FTE to the department of human services, children, youth and families, special purpose welfare programs, quality improvement unit, for the implementation of this act for the fiscal year beginning July 1, 1999. In addition, appropriates $221,260 to the judicial department, trial courts, for mandated costs for the implementation of this act.
APPROVED by Governor May 24, 1999
EFFECTIVE July 1, 1999
H.B. 99-1156 Juvenile justice - restorative justice. Specifies that it is the intent of the general assembly to restore public safety by providing the opportunity to bring together affected victims, the community, and juvenile offenders for restorative purposes in certain juvenile cases. Authorizes the executive director of the department of public safety to accept funds, grants, gifts, or donations for restorative justice programs. Encourages nonstate entities seeking to provide restorative justice program services to apply for grants directly from the youth crime prevention and intervention program.
APPROVED by Governor March 17, 1999
EFFECTIVE August 4, 1999
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.
H.B. 99-1173 Youthful offenders - educational requirements for probation or parole. Authorizes the juvenile parole board and the juvenile parole hearing panel to require adjudicated juveniles to attend school or an educational program or to work toward the attainment of a high school diploma or a GED as a condition of parole. Specifies that the board shall not require a juvenile to attend a school from which he or she has been expelled without prior approval from that school's local board of education. Directs the board to notify the school district in which the juvenile delinquent is enrolled if attendance at school is a condition of parole.
States that the juvenile court shall not require a juvenile, as a condition of probation, to attend a school from which he or she has been expelled without prior approval from that school's local board of education.
Authorizes the court to order a criminal defendant who is less than 18 years of age at the time of sentencing, but who is being convicted and sentenced as an adult, to attend school or an educational program or to work toward the attainment of a high school diploma or a GED as a condition of probation. Specifies that the court shall not require a juvenile to attend a school from which he or she has been expelled without prior approval from that school's local board of education.
If a defendant who was convicted and sentenced as an adult is less than 18 years of age at the time of parole, authorizes the adult parole board to make school or educational attendance or work toward the attainment of a high school diploma or a GED a condition of parole. Specifies that the board shall not require a juvenile to attend a school from which he or she has been expelled without prior approval from that school's local board of education. Directs the court or parole board to notify the school district in which the defendant is enrolled if attendance at school is a condition of probation or parole.
Amends the "School Attendance Law of 1963" to require public schools to notify the court or parole board of a student's failure to attend school.
APPROVED by Governor March 15, 1999
EFFECTIVE July 1, 1999
H.B. 99-1174 Prevention programs - listing. Lists in one place in the statutes the prevention programs for youth that are operated by or funded through state agencies. Beginning January 15, 2002, requires the legislative council staff to submit to the judiciary committees of the senate and house of representatives a triennial updated report of the prevention programs listed. Specifies the contents of the report. Instructs the legislative council staff in preparing the report to contact each state agency to obtain information concerning prevention programs operated by or funded through each state agency.
APPROVED by Governor May 3, 1999
EFFECTIVE May 3, 1999
H.B. 99-1188 Adoption - procedures - access to adoption records - contact. Authorizes confidential intermediaries to inspect post-adoption records. Adds grandparents, adult descendants of an adoptee or adoptive parent, a legal guardian of an adoptee, a spouse of an adoptee, and adult stepchild of an adoptee, or a legal representative to the list of persons who have standing to seek the appointment of a confidential intermediary. Provides that a "legal guardian" does not include a foreign government.
For adoptions finalized prior to September 1, 1999, specifies that all adoption records shall remain confidential and that the names of the parties and the child shall also remain anonymous if the adoption was finalized on or after July 1, 1967. Allows access to adoption information to certain persons only through the appointment of a confidential intermediary. Specifies the procedures to be followed by a confidential intermediary in such cases.
For adoptions finalized on or after September 1, 1999, opens all adoption records to inspection by an adult adoptee, an adult adoptive parent, or the legal representative of any such individual. Defines the term "adoption records". In addition, makes all adoption records except those containing nonidentifying information available to certain other relatives of an adult adoptee.
Limits access to adoption records for adoptions finalized on or after September 1, 1999, if the birth parent submitted a written statement to the court requesting confidentiality within 3 years after the final order of relinquishment or termination. Provides for access to adoption records when the person about whom information is sought has died.
Directs a child placement agency to accept a consent form from an adult adoptee, a birth parent, or an adoptive parent permitting the release of identifying information concerning the person submitting the form. Permits the child placement agency to release identifying information about the person associated with an adoption if the child placement agency has a consent form from the party about whom information is sought. Authorizes the child placement agency to charge a reasonable fee for such service if a written fee agreement has been signed by the agency and the party submitting the consent form. Prior to signing a fee agreement, requires the child placement agency to provide to the party submitting a consent form information concerning organizations performing similar services.
Prohibits access to adoption records and contact with an adoptee in those circumstances in which one family has adopted 2 or more siblings until such time as all of the siblings adopted by the family have attained 18 years of age. Allows an adult adoptee, at any time, to submit a written statement to the adoption court specifying his or her desire to maintain the confidentiality of identifying information contained in the adoption records.
Directs the department of human services and department of public health and environment to work together to design and implement efforts to inform the public about the existence and availability of the confidential intermediary process, the voluntary adoption registry, and statutory changes related to access to adoption information.
APPROVED by Governor June 2, 1999
EFFECTIVE July 1, 1999
H.B. 99-1218 Adoption - expedited methods. Authorizes an expedited method for the adoption of children for custodial adoptions and kinship adoptions where the birth parent or birth parents have abandoned the child or failed to support the child for a period of one year or more. Defines "custodial adoption" as an adoption by a person and such person's spouse, if applicable, who either has been awarded custody of or allocated parental responsibilities for the child or has been awarded guardianship of the child by a court of law and has had physical custody of the child for a period of one year or more. Defines "kinship adoption" as an adoption by a relative of the child and the relative's spouse, if applicable, who is either a grandparent, brother, sister, half-sibling, aunt, uncle, or first cousin and has had physical custody of the child for a period of one year or more and the child is not the subject of a pending dependency and neglect proceeding.
Excepts custodial and kinship adoptions from the requirements of a complete investigation and written report by the county department of social services or a licensed child placement agency, and allows the court to waive the assessment and approval of the potential adoptive parents or determine and order what information it deems necessary, including an abbreviated home study or home evaluation.
Requires that in all stepparent, custodial, and kinship adoptions, the petition for adoption shall contain a statement informing the court whether the prospective adoptive parent was convicted of certain felony crimes. Requires the petitioner to pay for and attach to the petition a current criminal records check. Directs the court to deny the final petition if the court finds that the prospective adoptive parent was convicted of certain enumerated felonies and to deny the decree of final adoption if it finds that the prospective adoptive parent was convicted of a felony for physical assault or battery that was committed within the last 5 years.
Requires a petition in a custodial or kinship adoption to contain a statement that the petitioner has consulted with the appropriate local county department of social services regarding the possible eligibility of the petitioner and the child for temporary assistance for needy families, medicaid, subsidized adoption, or other public assistance.
Requires the court to hold a hearing on the adoption petition as soon as possible in cases of stepparent, custodial, or kinship adoptions. Requires the court in addition to issuing a final decree of adoption in a stepparent adoption to enter an order terminating the other parent's parental rights. Requires the court, in addition to issuing a final decree of adoption in a custodial or kinship adoption, to enter an order terminating the parental rights of the child's parents.
APPROVED by Governor June 1, 1999
EFFECTIVE June 1, 1999
H.B. 99-1234 Petition for dissolution of marriage - automatic temporary injunction. Requires a petition for dissolution of marriage or legal separation to contain the provisions of the automatic temporary injunction that take effect when the petition for dissolution of marriage or legal separation is filed, along with a written acknowledgment by the petitioner and the co-petitioner, if any, that he or she has received a copy of, has read, and understands the automatic temporary injunction.
Adds a fourth component to the automatic temporary injunction that goes into effect when a petition for dissolution of marriage or legal separation is filed. Requires that the temporary injunction restrain both parties, without at least 14 days' advance notification and the written consent of the other party or an order of the court, from canceling, modifying, terminating, or allowing to lapse for nonpayment of premiums, any life, health, homeowner's or renter's, or automobile insurance coverage in which either of the parties or their children are included or are beneficiaries.
Applies to petitions for dissolution of marriage or legal separation filed with the court on or after July 1, 1999.
APPROVED by Governor June 1, 1999
EFFECTIVE June 1, 1999
H.B. 99-1253 Juvenile justice - custodial statements. Provides that statements made by a juvenile during a custodial interrogation conducted outside the presence of the juvenile's parent, guardian, or legal or physical custodian shall not be inadmissible into evidence if the law enforcement officer conducting the custodial interrogation, reasonably relied on the deliberate misrepresentations made by the juvenile.
APPROVED by Governor May 29, 1999
EFFECTIVE August 4, 1999
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.
H.B. 99-1299 Adoption - home study reports - adoptive family resource registry - appropriation. Directs the state department of human services ("department") to develop an approved vendor list of qualified home study providers by region, including county departments of social services, individuals, and child placement agencies, through an application process. Authorizes qualified home study providers approved by the department to promote the adoption of available children through public information campaigns and to participate in statewide training provided by the department.
As part of the investigation of prospective adoptive parents, requires that the criminal background check include a determination whether the prospective adoptive parent has been convicted at any time of a felony or misdemeanor in one of the following areas: Child abuse or neglect, spousal abuse, any crime against a child, any domestic violence-related crime, violation of a restraining order, or any crime involving violence, rape, sexual assault, or homicide, excluding physical assault or battery. Requires the investigation to include access to the state central registry of child protection to determine whether the prospective adoptive parent or parents are the subject of a report of known or suspected child abuse or has been designated as "status pending" due to an administrative appeal.
Directs the state board of human services ("state board") to promulgate rules identifying the criteria for preadoptive investigations and the minimum uniform standards for home study reports. Directs the state board to set the amount of the fee a prospective adoptive parent shall be assessed for the investigation and home study report in a public adoption (adoption of children in the legal custody and guardianship of a county department of social services). Authorizes the department to waive the fee if it presents a barrier to the adoption.
Directs the department to establish a statewide adoptive family resource registry of prospective adoptive families that county departments of social services may access to determine the availability of qualified families seeking to adopt a child in the custody of a county department. Specifies that no prospective adoptive parent's name shall be referred to the registry without such person's written consent. Directs the state board to promulgate rules specifying what limited amount of nonidentifying data shall be accessible through the Internet and other confidentiality provisions related to the registry. Authorizes the executive director of the department to accept funds, grants, gifts, or donations from any private or public source for the purpose of establishing the statewide adoptive family resource registry. Authorizes the department to seek any necessary waivers in order to use federal funding for this purpose.
Directs the department to examine and evaluate the process of adoptive placements of children in the legal custody of the county departments of social services and to report to the members of the general assembly by December 31, 1999, and December 31, 2001. Permits the executive director of the department to accept funds, grants, gifts, or donations from any private or public source for this purpose.
Appropriates $60,000 to the division of children, youth, and families, within the department for the implementation of this act.
APPROVED by Governor May 29, 1999
EFFECTIVE May 29, 1999
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