Digest of Bills - 2008

CORRECTIONS

S.B. 08-7 Jail inmates - assistance in accessing public benefits upon release - demonstration program - appropriation. Encourages counties to establish relationships, partnerships, and prerelease agreements with entities involved in providing various public benefits to persons released from jail. Directs the department of human services ("state department") and the department of health care policy and financing to provide training to appropriate personnel on the process for applying for public benefits.

Establishes a demonstration grant program ("demonstration program") in the state department to award grants to counties or groups of counties that design programs to assist jail inmates in accessing health care, housing, and employment benefits upon release. Directs the state department to submit a report to the legislative judiciary committees on the demonstration program.

Appropriates $279,000 from the general fund to the state department for the demonstration program. Appropriates $1,000 from the general fund to the department of health care policy and financing for training county personnel.

APPROVED by Governor May 20, 2008
EFFECTIVE May 20, 2008

S.B. 08-145 County jails - inspections - county commissioners. Requires county commissioners to inspect the jails in their respective counties at their discretion but at least once annually.

APPROVED by Governor May 20, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 08-171 Parolees - biological substance testing - private laboratory - contracting. Revises from a urine test to a test of a biological substance sample the chemical testing requirement to which a parolee must submit as a condition of parole. Removes the duties of the department of public health and environment with regard to testing of substances for parolees. Requires the department of corrections, the department of public safety, and local governmental agencies to contract with a private laboratory for testing of parolees' biological substances.

APPROVED by Governor April 14, 2008
EFFECTIVE April 14, 2008

S.B. 08-172 Community parole officers. Changes the term "parole officer" to "community parole officer". Revises the definition of "community corrections program agent" to reflect that these agents are also community parole officers.

APPROVED by Governor April 25, 2008
EFFECTIVE April 25, 2008

S.B. 08-175 Department of corrections inspector general - investigator duties - reorganization. Clarifies and reorganizes the statute concerning the department of corrections inspector general. Gives investigators under the inspector general specific investigative duties.

APPROVED by Governor April 14, 2008
EFFECTIVE April 14, 2008

H.B. 08-1046 Public benefits - application assistance - juvenile and mental health facilities - training - process simplification - appropriation. For juveniles in a commitment center and certain persons confined in a facility of the department of human services who are or may be eligible for public assistance, provides assistance in applying for medicaid, children's basic health plan benefits, supplemental security income ("SSI"), or social security disability insurance ("SSDI") prior to release from the facility.

Stipulates that the person shall receive such assistance at least 120 days prior to release, or sooner if possible. Requires the department of human services to provide information and training on the SSI or SSDI application process and assistance to personnel at each facility. Requires the department of health care policy and financing to provide information and training on the medicaid application process and assistance to personnel at each facility.

Mandates that the department of health care policy and financing simplify the application processing for medicaid and the children's basic health plan and that the department of human services simplify the application processing for SSI and SSDI to allow eligible persons to receive medicaid as a result of being eligible for SSI or SSDI upon release and thereafter.

Appropriates $76,081 to the department of humans services for implementation of this act including $11,941 from the general fund, $6,106 from the old age pension fund, $26,408 from funds transferred from the department of health care policy and financing, and $31,626 from federal funds.

Appropriates $28,408 to the department of health care policy and financing for implementation of this act including $13,371 from the general fund, $1,443 from the children's basic health plan trust, $137 from the old age pension fund, and $13,457 from federal funds.

APPROVED by Governor June 2, 2008
EFFECTIVE June 2, 2008

H.B. 08-1067 Parole hearing officers - immunity. Adds parole administrative hearing officers to the statutory definition of a public employee for purposes of the "Colorado Governmental Immunity Act". Clarifies that a parole administrative hearing officer is protected by governmental immunity only when acting within the scope of his or her duties as a public employee.

APPROVED by Governor March 13, 2008
EFFECTIVE March 13, 2008

H.B. 08-1132 Youthful offender system - sex offender treatment - consent for mental health treatment. Allows for a sex offender in the youthful offender system to receive juvenile or adult sex offender treatment, as appropriate. Adds mental health treatment as an available treatment option that offenders in the youthful offender system can receive without parental consent.

APPROVED by Governor March 13, 2008
EFFECTIVE March 13, 2008

H.B. 08-1192 Inmate medical services - copayment. Requires the executive director of the department of corrections ("executive director") to establish written procedures requiring inmates to pay a copayment, not to exceed five dollars, for inmate-initiated medical, mental health, dental, and optometric visits.

Allows the executive director to specify services for which a copayment will not be assessed and the specific and exclusive bases upon which a copayment may be reduced or waived including, but not limited to, the inmate's ability to pay, the health needs of the inmate, and the public health and safety needs of the institution.

APPROVED by Governor April 3, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 08-1247 Sexually violent predator - determination - by court. Requires the department of corrections, if it receives a mittimus that does not indicate whether the court determined whether a defendant is a sexually violent predator, to notify the court and, if necessary, return the defendant to the custody of the sheriff for transport to the court for the determination.

APPROVED by Governor March 26, 2008
EFFECTIVE March 26, 2008

H.B. 08-1352 Parole revocation placement - return to custody facility - technical parole revocation - no felony warrant, felony detainer, or new felony charges - appropriation. Limits the parole board's option of placing a parolee in a community return-to-custody facility after revocation of a parolee whose parole is revoked based on a technical violation, who has no active felony warrant, felony detainer, or pending felony criminal charge, and who was on parole for an offense that was a class 5 or class 6 nonviolent felony other than menacing or unlawful sexual behavior.

For fiscal year 2008, appropriates $2,127,805 from the general fund to the capital construction fund and from the capital construction fund to the corrections expansion reserve fund. For fiscal years 2008, 2009, 2010, 2011, and 2012, appropriates $217,566 from the general fund to the department of corrections.

APPROVED by Governor May 21, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 08-1363 Corrections administration - contract rates for confinement of inmates. Allows the department of corrections ("department") to negotiate a contract rate for the confinement and maintenance of state inmates in private contract facilities or facilities operated by a political subdivision of the state ("contract rate"). Prohibits a contract rate negotiated by the department from exceeding the maximum rate provided in the annual general appropriations act.

Specifies that, for the 2008-09 fiscal year, a contract in holdover status or a purchase order for the confinement and maintenance of state inmates in private contract facilities or facilities operated by a political subdivision of the state shall be at the rate provided in the general appropriation act enacted in the 2007 regular legislative session. Specifies that, if the department and either a private contractor or a political subdivision of the state are signatories to a contract for the confinement and maintenance of state inmates for the 2008-09 fiscal year, which contract is not in holdover status, the contract rate shall be the rate provided for in the contract, but shall not exceed the maximum rate provided in the general appropriation act enacted in the 2008 regular legislative session.

APPROVED by Governor April 10, 2008
EFFECTIVE April 10, 2008

 

Session Laws of Colorado Digest of Bills General Assembly State of Colorado


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