APPROVED by Governor April 13, 2000
EFFECTIVE April 13, 2000
S.B. 00-24 Sex offender - registration requirement - exception - juveniles - misdemeanor sexual offenses. Grants the court discretion in applying the sexual offender registration requirements to any person who was 13 years of age or younger at the time of the commission of a misdemeanor offense of sexual assault in the third degree who has received a sex offender evaluation by an evaluator that recommends exempting the person from the registration requirements based upon the best interests of that person and the community. Specifies that the court shall make written findings of fact specifying the grounds for granting such an exemption.
APPROVED by Governor April 17, 2000
EFFECTIVE July 1, 2000
S.B. 00-47 Standardized screening process - mentally ill persons in the criminal justice system. Directs the director of the division of criminal justice within the department of public safety to ensure that the head of the department of psychiatry at the university of Colorado health sciences center, judicial department, the department of corrections, the state board of parole, the division of criminal justice in the department of public safety, the alcohol and drug abuse division within the department of human services, and the unit responsible for mental health services within the department of human services cooperate to develop a standardized screening process to detect mental illness in persons in the criminal justice system. Describes what the standardized screening procedure shall include.
Directs the judicial department, the division of youth corrections, the unit responsible for child welfare services, the unit responsible for mental health services, and the alcohol and drug abuse division within the department of human services, the division of criminal justice within the department of public safety, and the department of corrections to cooperate to develop a standardized screening process to detect mental illness in persons in the juvenile justice system. Describes what the process shall include.
Requires a joint report to the house and the senate judiciary committees regarding the procedures developed as a result of the act.
Repeals the act, effective July 1, 2002.
APPROVED by Governor March 29, 2000
EFFECTIVE March 29, 2000
S.B. 00-92 Probation supervision fees - standardization. Standardizes the adult probation fee at $35 per month for the length of the ordered probation and eliminates the initial probation supervision fee. Clarifies that if the adult defendant receives probation supervision services from a private provider, requires payment of the fee directly to the provider.
Increases the amount of money credited to the offender services fund from 20% to 100% of any cost of care payments or probation supervision fees paid to the state from adult and juvenile offenders. Eliminates the amount of money credited to the general fund from any probation supervision fees paid to the state from adult or juvenile offenders.
APPROVED by Governor May 26, 2000
EFFECTIVE May 26, 2000
S.B. 00-121 DNA testing - persons serving sentences - prior to execution. Expands the requirement for genetic testing to persons who were convicted of or pled guilty to specified violent or sexual crimes and who, as of July 1, 2000, were in the custody of the department of corrections, in a county jail or community corrections facility, or on probation or parole. Requires the genetic testing of any person prior to execution.
APPROVED by Governor May 26, 2000
EFFECTIVE May 26, 2000
S.B. 00-154 Firearms - defenses - carrying while traveling. Changes the affirmative defenses to carrying a concealed weapon to exceptions. Recognizes carrying a weapon in a private car for lawful protection of person or property as a matter of statewide concern. Prohibits any municipality, county, or city and county from enacting or enforcing any ordinance that would restrict a person's ability to carry a weapon in a private car for lawful protection while traveling into or through a municipal, county, or city and county jurisdiction.
APPROVED by Governor May 26, 2000
EFFECTIVE August 2, 2000
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.
S.B. 00-163 Drug courts - demonstration program - appropriation. Directs the state court administrator to select up to 3 judicial districts in which to establish a demonstration drug court program ("program"). Specifies that at least one of the selected judicial districts must be in a rural area and at least one of the judicial districts must be west of the continental divide. Establishes dates by which judicial districts shall apply and by which they shall be selected. Requires judicial districts selected to participate in the program to submit to the state court administrator annual reports that identify the effectiveness and the cost savings, if any, of the program. Requires the state court administrator to compile the reports and present the findings to the judiciary committees of the senate and the house of representatives.
Repeals the program, effective July 1, 2006.
Appropriates $335,648 and 2.1 FTE from the drug offender surcharge fund to the judicial department for implementation of the act. Appropriates $36,680 and 0.8 FTE from the drug offender surcharge fund to the public defender for implementation of the act. Conditions continuation of the program on funding being contained in the plan submitted for the use of moneys in the drug offender surcharge fund.
APPROVED by Governor May 4, 2000
EFFECTIVE May 4, 2000
S.B. 00-189 Grand jury proceedings - witness statements. Entitles a witness, or an attorney for such witness with the witness's written approval, to examine and copy a statement made to a law enforcement or prosecution office or made under an oath required by law prior to testifying before a grand jury.
APPROVED by Governor April 14, 2000
EFFECTIVE April 14, 2000
S.B. 00-192 Pretrial services programs - licensed bail bonding agent - reporting requirements. Requires each licensed bail bonding agent annually to submit a report to the division of insurance that includes identification of the names of persons for whom such bail bonding agent has become surety and who have failed to appear. Directs all pretrial services programs to report certain information to the state judicial department rather than to the chief judge of the judicial district. Specifies that any pretrial services program is not eligible for further program funding if the program failed or neglected to provide required reports to the state judicial department and the judiciary committees of the senate and the house of representatives.
APPROVED by Governor June 2, 2000
EFFECTIVE June 2, 2000
S.B. 00-208 No-knock search warrants - issuance - requirements - study. Requires an affidavit for issuance of a search warrant that will be served by entry without prior identification ("no-knock warrant") to:
Requires the district attorney in each judicial district to review and evaluate each affidavit for issuance of a no-knock warrant and provide legal advice regarding the affidavit to the peace officer submitting the affidavit. Requires a district attorney to indicate approval of the affidavit by signing and dating the affidavit. Provides immunity from liability for district attorneys for good faith performance of the review. Does not extend the immunity to charges of perjury or false swearing.
Instructs the division of criminal justice in the department of public safety to review policies relating to the issuance and use of no-knock search warrants and submit a report to the general assembly and the governor by January 1, 2001.
APPROVED by Governor May 19, 2000
EFFECTIVE July 1, 2000
H.B. 00-1107 Criminal law - substantive changes - appropriation. Expands the crime of escape to include escape while in custody following conviction for violation of a municipal ordinance. Clarifies that a tool or instrument that could be used to cut fence or wire is within the definition of contraband in prison facilities. Clarifies that the crime of second degree assault on specified persons while in lawful custody requires the defendant knowingly to apply physical force.
Adds offering a false document for recording and criminal impersonation to the list of crimes that may form the basis of a prosecution under the "Colorado Organized Crime Control Act".
Adds to the crime of harassment, using a computer, computer system, or computer network to make a harassing or threatening communication. Specifies new elements and levels for the offense of computer crime.
For various crimes involving the use of a deadly weapon, raises the penalty if a person commits the crime by using an article in such a manner as to cause a person to reasonably believe that it was a deadly weapon or by representing that the perpetrator is armed with a deadly weapon. Changes from a class 2 misdemeanor to a class 6 felony the offense of unlawful possession of a weapon on school grounds. Repeals the special offender mandatory sentence for such offense.
Changes dronabinol from a schedule II controlled substance to a schedule III controlled substance. Adds ketamine as a schedule III controlled substance, and repeals the separate offenses relating to ketamine. Adds zaleplon as a schedule IV controlled substance. Clarifies that the commission of specified drug offenses near schools and public housing projects requires the judge to sentence the defendant to a term of imprisonment of at least the minimum term within the presumptive range but not more than twice the maximum term within the presumptive range. Repeals specific language making aiding, abetting, or advising another to distribute a schedule I or II controlled substance one of the aggravating factors for a special offender.
Adds an off-highway vehicle operated on a street or highway to the definition of a motor vehicle for purposes of drunk driving and reckless driving offenses and loss of license for vehicular homicide. Eliminates creating a substantial risk of bodily injury to another as an element of vehicular eluding. Conforms the definition of "serious bodily injury" for traffic accidents to the criminal definition.
Clarifies language that the crime of aggravated driving with a revoked license applies to operating, rather than being convicted of operating, a vehicle while under revocation. Adds vehicular eluding to the list of crimes that, if committed while driving under a revoked license, constitutes aggravated driving.
Combines first and second degree sexual assault into a single crime of sexual assault. Renames third degree sexual assault as unlawful sexual contact.
Repeals language referring to abusing or threatening a person in a public place in an offensive manner as an element of the crime of disorderly conduct.
Includes intentionally causing a benefit for another as a potential element of the crime of official misconduct.
Makes a 5-year statutory appropriation.
APPROVED by Governor May 23, 2000
EFFECTIVE July 1, 2000
H.B. 00-1111 Identity theft - operation of internet sites for the distribution of document-making implements - appropriation. Finds that identity theft is a growing problem in Colorado. Finds that no existing criminal provision adequately allows Colorado prosecuting attorneys to prosecute persons using the internet and other mediums for the forgery of identity documents.
Criminalizes the making, completing, altering, uttering, or possessing of false identification documents or document-making implements.
Defines the terms "document-making implement", "identification document", and "produce".
Removes driver's license or identification card numbers from parking placards for persons with disabilities. Requires the department of revenue to issue each parking placard with a number that corresponds to identifying information for the owner of the placard. Restricts access to identifying information of the owner of a placard to law enforcement and the department of revenue.
Makes a 5-year statutory appropriation.
APPROVED by Governor May 19, 2000
EFFECTIVE July 1, 2000
H.B. 00-1113 Perjury and false swearing - previous criminal action. Narrows the prohibition against a criminal prosecution for perjury based on the defendant's false statement denying guilt in a previous criminal action to prohibit a perjury prosecution only if it is based on entry of a plea of not guilty.
APPROVED by Governor March 10, 2000
EFFECTIVE July 1, 2000
H.B. 00-1114 Criminal justice records - confidentiality - permits for concealed weapons. Requires information that identifies holders of concealed weapons permits to be kept confidential by the law enforcement agency issuing the permit and by any custodian of criminal justice records. Permits such information to be released to a criminal justice agency. Includes materials and records concerning a concealed weapon permit within the definition of "criminal justice records" for purposes of the provisions concerning release of criminal justice records. Excludes such materials and records from the operation of the open records laws. Requires information identifying a concealed weapon permit holder to be deleted from a criminal justice record prior to release of the record. Permits such information to be included in a released criminal justice record if the concealed weapon permit holder has been convicted of a crime involving the illegal use of a firearm.
VETOED by Governor May 26, 2000
H.B. 00-1158 Domestic violence - habitual offender - restraining orders - domestic abuse voluntary contribution - appropriation. In cases in which a criminal defendant has been convicted on or after July 1, 2000, of an offense which would otherwise be a misdemeanor, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, and that person has been convicted 3 times previously of a felony or misdemeanor or municipal ordinance violation, the underlying factual basis of which was found by the court on the record to include an act of domestic violence, such person shall be convicted of a class 5 felony and sentenced pursuant to the class 5 felony presumptive range.
Makes any violation of a restraining order to protect a person from imminent danger to life or health a crime of violation of a restraining order.
Corrects a reference to the crime of "harassment by stalking" by changing it to the crime of "stalking".
Repeals that portion of law making civil restraining orders inapplicable to claims of domestic abuse against a juvenile and authorizes the entry of such a permanent civil restraining order against a juvenile who is 10 years of age or older. Specifies that it is not necessary to re-serve the defendant prior to making a civil temporary restraining order permanent if the defendant was properly served with the temporary restraining order and the citation to show cause and if the defendant fails to appear at the show cause hearing. Identifies the proper venues for filing a motion or complaint for a civil restraining order.
Continues the voluntary tax check-off contribution for the domestic abuse program until January 1, 2007.
For fiscal year 2000-01, appropriates $625,203 from the capital construction fund to the corrections expansion reserve fund for the implementation of the act. Makes a 5-year statutory appropriation.
APPROVED by Governor May 26, 2000
EFFECTIVE July 1, 2000
H.B. 00-1166 Additional DNA testing requirements - county jail or community corrections - burglary - direct discharge - appropriation. Requires all persons sentenced to county jail or community corrections for specified crimes committed on or after July 1, 2000, to have their blood tested for genetic markers. Includes within the list of crimes requiring testing of blood for genetic markers as a condition of probation, convictions for second or third degree burglary for offenses committed on or after July 1, 2000. Requires the department of corrections to have inmates' blood tested for genetic markers for all persons convicted of second or third degree burglary or sentenced as habitual offenders for offenses occurring on or after July 1, 2000, and all persons discharged from the department of corrections who are not placed on parole.
Appropriates $11.979 to the judicial department for the implementation of the act. Appropriates $288,595 and 1.0 FTE to the department of public safety, for allocation to the Colorado bureau of investigation, for the implementation of the act.
APPROVED by Governor May 26, 2000
EFFECTIVE July 1, 2000
H.B. 00-1169 Restitution - assessment - collection - appropriation. Requires every order of conviction for a felony, misdemeanor, petty, or traffic misdemeanor offense to include an order for restitution or a specific finding that there is no victim with a pecuniary loss. Permits a restitution order to be modified if additional victims or losses are later discovered or to be decreased with the consent of the prosecutor and victim. Establishes that restitution orders:
Except for defendants sentenced to the department of corrections, if the defendant does not immediately pay the full amount of restitution due, requires the defendant to appear before a collections investigator and pay a $25 time payment fee. Authorizes the investigator to conduct an investigation into the financial circumstances of the defendant. In the case of a juvenile defendant, allows the collections investigator to investigate the financial circumstances of the juvenile and of the juvenile's parents or legal guardian. Allows the investigator to direct that restitution be paid immediately or to establish a payment schedule. Authorizes the investigator to obtain and file without cost, certified copies of the order with the local county clerk and recorder, the central indexing system board, or the division of motor vehicles. Authorizes the collection of a $20 bad check fee.
Requires the investigator to monitor the payments and modify the schedule if the defendant's financial circumstances change. Whenever a defendant is 5 or more days late with a payment, authorizes:
Authorizes the department of corrections to conduct financial investigations and to establish payment schedules for defendants sentenced to its custody. Upon parole, authorizes the department of corrections to contract with the judicial department or private collection agencies to collect on past due orders of restitution.
Authorizes the victim to collect restitution in his or her own name and to employ some of the remedies available to collections investigators. If the victim cannot be found or declines to accept restitution or if restitution lays unclaimed for a period of 2 years or more, directs that such amounts be paid to the victims and witnesses assistance and law enforcement fund and to the crime victim compensation fund in the judicial district in which the crime occurred. Directs the administrators of the funds in each judicial district to decide annually how such payments will be divided between the funds. Specifies the order of payment of fines, fees, and restitution.
Removes the discretion of a court not to assess restitution against a juvenile if to do so would cause serious hardship or injustice. Increases the total amount for which a parent or legal guardian may be liable for restitution from $3,500 to $25,000 for any one delinquent act. Authorizes intermediate sanctions for persons on parole who fail to pay restitution.
Appropriates $251,977 and 6.4 FTE to the judicial department and $72,215 and 1.0 FTE to the department of corrections. Adjusts the appropriation in the general appropriation act.
APPROVED by Governor May 26, 2000
EFFECTIVE September 1, 2000
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.
H.B. 00-1201 Firearms - possession by previous offenders - consecutive sentence - parole officer requirements - non-bailable offense - appropriation. Increases the penalty for possession of a weapon by a felon from a class 1 misdemeanor to a class 6 felony. Requires that any sentence imposed be served consecutively with any prior sentences being served by the defendant.
Requires the department of corrections to provide a written advisement to discharged inmates. Requires the written advisement and any written stipulation for deferred judgment and sentence entered into by a defendant to contain language specifying the prohibited acts and penalties described in the statutory provision concerning possession of weapons by previous offenders.
Makes possession of a weapon by a previous offender a non-bailable offense.
Requires that parole officers present all evidence in their possession to the district attorney for the purpose of prosecution, in addition to the required filing of a parole revocation complaint with the state board of parole, when any parolee is found in possession of a weapon.
Makes a 5-year statutory appropriation for implementation of the act.
APPROVED by Governor May 19, 2000
EFFECTIVE July 1, 2000
H.B. 00-1214 Firearms - unlawful purchase - "straw purchases" - posting requirement for dealers - penalties - appropriation. Makes it a class 4 felony for a person to purchase a firearm on behalf of or for transfer to a person whom the transferor knows or reasonably should know is ineligible to possess a firearm under federal or state law.
Requires firearms dealers to post a sign informing the public of the prohibition, and makes it a class 2 petty offense for failure to post such information, punishable by a fine of $250.
Makes a 5-year statutory appropriation.
Applies to offenses committed on or after July 1, 2000.
APPROVED by Governor May 19, 2000
EFFECTIVE July 1, 2000
H.B. 00-1216 Criminal law - procedural changes. Expands the type of test to which a person may be ordered by a court to submit for HIV testing from a blood test to any diagnostic test that will identify the presence of HIV. Prohibits a jury from being instructed to return a guilty verdict on a lesser offense if any juror is convinced that the defendant is guilty of a greater offense that was submitted for the jury's consideration. Allows the racing commission to investigate activities of any person anywhere on the premises of a licensed racing facility, rather than just the racetrack.
Clarifies that videotaped statements from victims of child abuse may be admitted as evidence when such statements would qualify for admission under any statute or rule of evidence in addition to the statutory hearsay exception for child victims of unlawful sexual offenses. Clarifies that appeals may be taken from county court dismissals of charges after a preliminary hearing.
Specifies that the applicable period of limitations for commencing criminal proceedings shall not apply to charges brought to facilitate the disposition of a case or to lesser included or non-included charges given to the court or jury by the accused at a trial. Clarifies that a defendant charged with a class 4, 5, or 6 felony who is not otherwise entitled to a preliminary hearing may only request a preliminary hearing while he or she is in custody for the offense for which the preliminary hearing is requested.
Specifies, in cases in which a prosecutor refuses to prosecute a case, that no hearing is required in order for a judge to determine that prosecution is necessary and to order such prosecutor, or a special prosecutor, to prosecute the case. Allows an indictment to be filed against an unnamed offender if there is sufficient DNA evidence available to determine the identifying characteristics of the offender's genetic information.
APPROVED by Governor April 24, 2000
EFFECTIVE April 24, 2000
H.B. 00-1232 Sex offender - registration - internet posting - images - appropriation. Requires the Colorado bureau of investigation ("CBI") to post on the internet identifying information, including a picture, of each person sentenced as a sexually violent predator.
When such an offender is being released from custody or jurisdiction, requires specified personnel to notify the CBI within 48 hours after receiving notice as to where the sex offender intends to reside and to provide to the CBI the identifying information to be posted on the internet.
Requires such an offender to produce or sit for a photograph or image and makes failure to do so a criminal offense.
Appropriates $87,650 from the general fund to the department of public safety for implementation of the act.
APPROVED by Governor May 23, 2000
EFFECTIVE May 23, 2000
H.B. 00-1234 Death penalty - aggravating factors. Makes felony illegal possession of a weapon used to commit a class 1 felony an aggravating factor for purposes of imposing the death penalty.
APPROVED by Governor April 11, 2000
EFFECTIVE August 2, 2000
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.
HB. 00-1239 Sex offender - against children - increase in sentence. Increases the term of sentence for any defendant convicted as an habitual sex offender against children to 3 times the maximum sentence otherwise specified for the felony or misdemeanor of which the defendant is convicted. Requires a local law enforcement agency to release to residents of the jurisdiction information concerning registered sex offenders living within the jurisdiction, regardless of whether the local law enforcement agency determines the release is necessary for public protection.
Makes an exception to the requirement for a 5-year statutory appropriation.
APPROVED by Governor March 30, 2000
EFFECTIVE August, 2, 2000
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.
H.B. 00-1243 Firearms - other than handguns - providing to juvenile - parental consent. Prohibits any person from selling, renting, or transferring ownership of a firearm other than a handgun, with or without remuneration, to a juvenile, or allowing unsupervised possession of a firearm other than a handgun by a juvenile without the consent of the juvenile's parent or legal guardian. Makes violation of the prohibition a class 1 misdemeanor.
APPROVED by Governor May 19, 2000
EFFECTIVE July 1, 2000
H.B. 00-1247 Firearms - handguns - permitting possession by a juvenile - appropriation. Makes it an offense for any person, not just a parent or legal guardian, to fail to make reasonable efforts to prevent a juvenile from committing a violation with a handgun or to provide a handgun to or permit a juvenile to possess a handgun even though he or she knows the juvenile is likely to use the handgun to commit an offense. Makes an exception if the person believes that the juvenile will physically harm the person if the person attempts to disarm the juvenile.
Makes a 5-year appropriation to the department of corrections for implementation of the act.
APPROVED by Governor May 19, 2000
EFFECTIVE July 1, 2000
H.B. 00-1260 Bail bond liability - exoneration. Requires any person executing a bail bond as principal or as surety to be exonerated after a period of 3 years from the posting of the bond, unless a judgment has been entered against the surety or the principal for the forfeiture of the bond. Grants the court discretion to extend the 3-year period for good cause shown, upon motion by the prosecuting attorney.
APPROVED by Governor April 7, 2000
EFFECTIVE August 2, 2000
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.
H.B. 00-1263 Domestic violence - offender management board - creation - duties - repeal - appropriation. Creates and establishes membership on the domestic violence offender management board. Establishes duties of the board including:
After January 1, 2001, requires domestic violence offenders to be sentenced to complete a treatment program. Requires domestic violence treatment providers to conform with the standards adopted by the board. Repeals the local domestic violence treatment boards and the domestic violence treatment commission.
Appropriates $130,128 and 2.0 FTE to the department of public safety for allocation to the division of criminal justice. Adjusts the appropriation in the general appropriation act.
APPROVED by Governor May 25, 2000
PORTIONS EFFECTIVE July 1, 2000, January 1, 2001
H.B. 00-1317 Sex offender - convicted in other states - temporary residents - release of information - prohibited sexual conduct with incarcerated persons - sex offender management board - DNA testing of juveniles - appropriation. Clarifies that a person is required to register as a sex offender in Colorado if the person is required to register as a sex offender in another jurisdiction or has been convicted in another jurisdiction of an offense for which the person would be required to register as a sex offender in this state. Requires that the notice of the duty to register given to sex offenders upon release informs the sex offender of the duty to register in any state to which he or she may move and of the local law enforcement agency's duty to notify the new state. Shortens from 7 calendar days to 5 business days the time within which a sex offender must register after becoming a temporary or permanent resident of the state or after moving to a new jurisdiction within the state. Specifies that registration must occur within business hours. Requires sex offenders who are discharged from the department of corrections without supervision to register no later than the next business day following discharge.
If a sex offender lives in a group home or is a juvenile and resides with his or her parent or legal guardian and the sex offender moves to another jurisdiction without informing the local law enforcement agency, allows officials at the group home or the parent or legal guardian to provide information concerning the sex offender's change of residency to the local law enforcement agency. Requires the law enforcement agency that receives such notification to reflect the information in its records.
Clarifies that any person who is sentenced as a sexually violent predator has a duty for the remainder of his or her natural life to register with the local law enforcement agency of the jurisdiction in which he or she resides.
Identifies temporary residents of the state as those persons who are employed in the state for a specified minimum number of days during the year or are enrolled in any type of educational institution in the state. Requires the local law enforcement agency, when initially registering a temporary resident, to inform him or her of the duty to register in any state in which he or she is a temporary resident. For temporary residents, requires the sex offender registration form to include the person's address in the state of permanent residence and the person's place of employment in this state or the educational institution in which he or she is enrolled in this state.
Requires the Colorado bureau of investigation ("CBI") to develop one or more interactive data base systems to provide specified information to criminal justice agencies. Requires the CBI to transmit to the federal bureau of investigation, promptly upon receipt, the fingerprints and conviction data of persons convicted of unlawful sexual behavior.
Adds failure to complete and file a change of residency form to the list of actions that constitute the crime of failure to register as a sex offender. Requires, rather than allows, local law enforcement agencies, upon request, to release, at a minimum, basic identification information and criminal history information concerning persons registered as sex offenders. In addition, specifies warning language that must be included with each release of sex offender information. Specifies that any adult who has more than one conviction of or adjudication for unlawful sexual behavior shall be subject to the sex offender registration requirements for the remainder of his or her natural life.
Makes it a felony for an employee of a correctional facility or jail to engage in sexual conduct with an incarcerated or jailed person. Requires any person convicted of engaging in sexual conduct under such circumstances to register as a sex offender. Makes an exception for actions performed to carry out the necessary duties of an employee of the correctional facility or jail.
Broadens the definition of "sex offender" for the purposes of provisions concerning the standardized sex offender treatment program to include:
Effective July 1, 2000, increases the number of members of the sex offender management board from 15 to 21 members to include members with expertise in treating juvenile sex offenders. Specifies the requirements and appointing authority for the additional members. Changes some of the requirements and appointing authority for existing members of the sex offender management board. Instructs the sex offender management board to develop procedures, guidelines, and a system for evaluating, identifying, and treating juvenile sex offenders and to research and analyze the effectiveness of the evaluation, identification, and treatment procedures and programs for juvenile sex offenders.
Requires juvenile sex offenders to pay a sex offender surcharge in the amount of half the surcharge that would be assessed against an adult offender for the same offense. Makes any juvenile who receives a deferred adjudication or is committed to the department of human services, sentenced to probation, or sentenced to the youthful offender system subject to DNA testing if the offense involved unlawful sexual behavior.
Clarifies that, for purposes of community notification of sexually violent predators, the sex offender management board shall adopt criteria to be applied by a local law enforcement agency in determining when, rather than whether, to carry out a community notification. Provides immunity for members of the sex offender management board community notification technical assistance team and members of any local community notification team for acts committed in carrying out community notification of a sexually violent predator, so long as such acts were not grossly negligent or willful and wanton.
Requires any person who applies for placement on the list of persons who may provide sex offender treatment services to submit a complete set of fingerprints. Instructs the sex offender management board to forward the fingerprints to the CBI for a state and national criminal history record check.
For implementation of the act, appropriates $4,620 to the judicial department, $233,984 and 0.3 FTE to the department of public safety for allocation to the CBI, and $127,872 and 1.7 FTE to the department of public safety for allocation to the division of criminal justice. Makes a 5-year statutory appropriation.
APPROVED by Governor May 25, 2000
EFFECTIVE July 1, 2000
H.B. 00-1330 Cruelty to animals - intentional torture or torment - exemptions. Requires, rather than permits, the court prior to the sentencing of any person convicted of an animal cruelty crime involving the intentional torture or torment of animals to order an evaluation of such person in order to assist the court in determining an appropriate sentence. Exempts wildlife nuisances from the sentencing provisions for animal cruelty crimes involving the intentional torture or torment of animals. Clarifies that the mandatory sentence for a second or subsequent conviction for committing cruelty to animals through the intentional torture or torment of an animal shall be a sentence of imprisonment within the statutory presumptive range for a class 1 misdemeanor.
APPROVED by Governor June 1, 2000
EFFECTIVE September 1, 2000
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.
H.B. 00-1377 Crime victims - distribution of profits from crime - victims' rights - confidentiality of records. Restricts the process concerning the distribution of moneys payable from the profits of a crime under a contract between a person and a person convicted of a crime. Imposes a civil penalty for the failure to comply with the restrictions. Enables the attorney general to enforce violations of the restrictions. Modifies the requirements for the establishment and maintenance of the escrow account in which profits from a crime are deposited for the benefit of the crime victim.
Expands the scope of rights available to crime victims. Modifies the procedures for assuring the rights of crime victims. Makes confidential the records, documents, and information made by or in the possession of a crime victim compensation board or a district attorney concerning an application for victim's compensation.
APPROVED by Governor March 29, 2000
EFFECTIVE March 29, 2000
H.B. 00-1422 Animal cruelty prevention fund - control and use - repeal - transfer of appropriation. Substitutes the division of criminal justice for the department of agriculture as the entity responsible for the use of moneys in the animal cruelty prevention fund. Expands the use of those moneys to include the payment of the costs of court-ordered anger management treatment programs and other psychological evaluations and counseling for juveniles supervised in diversion programs. Extends the repeal dates for the provisions creating the animal cruelty prevention fund and imposing a surcharge upon a person convicted of an animal cruelty crime to July 1, 2005.
Transfers the $10,000 appropriation in the general appropriations act for operating expenses from the department of agriculture to the department of public safety.
APPROVED by Governor May 30, 2000
EFFECTIVE September 1, 2000
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.
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The information on this page is presented as an informational service only and should not be relied upon as an official record of action or legal position of the State of Colorado, the Colorado General Assembly, or the Office of Legislative Legal Services.