Interim Committee Advances Bills to Reduce Recidivism and Improve Public Safety

DENVER, CO - The Recidivism Interim Study Committee today unanimously advanced three bills to improve our understanding of criminal activity by creating a uniform definition of “recidivism”, exploring alternative methods of measuring public safety and desistance from crime, and studying how defendants move through the criminal justice system.

“In order to effectively understand and utilize data on recidivism, we have to start on the same page,” said Senate Majority Leader Robert Rodriguez, D-Denver, sponsor of all three bills. “The legislation we’re advancing today will ensure agencies operate with the same definition and understanding of ‘recidivism’, and that the legislature has a comprehensive knowledge of the way Coloradans move through our criminal justice system. With these updates to help us better understand our criminal justice system, we’ll be able to develop more effective legislation that results in just outcomes for Coloradans and safer communities for all.”

“Agencies throughout Colorado use varying definitions for ‘recidivism’, making it more difficult to use as a data point when drafting legislation to address public safety concerns,” said Rep. Matthew Martinez, D-Monte Vista, sponsor of Bill 1 and 3. “We’re streamlining the definition across Colorado agencies to make ‘recidivism’ a useful tool in policy-making and continued evaluation of our justice system to create a safer Colorado.”

Currently, the definition of “recidivism” fluctuates greatly between the Division of Youth Services, Department of Corrections, community corrections, and other agencies. Bill 1, sponsored by Senate Majority Leader Robert Rodriguez, Senator Julie Gonzales, and Representatives Judy Amabile and Matthew Martinez, would require the Division of Criminal Justice to create a working group with the purpose of establishing a definition of “recidivism” that can be used by all state entities, making it easier to use data to understand the efficacy of current procedures and legislative or policy changes.

“Understanding recidivism rates is a useful tool in measuring successful strategies to decrease future criminal activity, and with this legislation, we are considering additional metrics to create meaningful and effective policy,” said Vice Chair Rep. Judy Amabile, D-Boulder, sponsor of Bill 1 and 2. “Factors like housing status, education, mental health, and social considerations can contribute to the likelihood of someone committing a crime. By expanding our scope and using a consistent definition of ‘recidivism’, we can identify what factors have a positive influence on individuals so we can reduce crime and slow the revolving door of people in and out of prison.”

“Time and time again, data has shown us that the most successful strategies to decrease crime are comprehensive approaches,” said Senator Julie Gonzales, D-Denver, sponsor of all three bills. “Our new legislation will bring in diverse voices and provide the necessary resources to take a close look at the efficiency of Colorado’s criminal justice system and, going forward, will help us determine more holistic methods to decrease crime and help Coloradans successfully reintegrate into their communities.”

Bill 2, sponsored by Senate Majority Leader Robert Rodriguez, Senator Julie Gonzales, and Representative Judy Amabile, would create the Alternative Metrics to Measure Criminal Justice System Performance Working Group to study metrics and methods other than recidivism. These alternative metrics and methods, used in addition to recidivism data, would measure risk-reduction outcomes and life factors that influence successful outcomes, and more effectively determine the efficiency of the criminal justice system.

The working group would be required to submit a report to the House Health and Insurance, House Judiciary, Senate Health and Human Services, and Senate Judiciary committees by July 1, 2025 with a summary of their work and any recommendations.

The committee also voted to advance Bill 3, sponsored by Senate Majority Leader Robert Rodriguez, Senator Julie Gonzales, and Representative Matthew Martinez, requiring the Division of Criminal Justice (division) to conduct a study to examine how individuals proceed through the stages of criminal and juvenile justice proceedings, including sentences and alternative sentencing programs, and make recommendations for creating a more efficient system. The division must submit a report of its findings by June 30, 2025.

The three bills will now go to the Legislative Council for approval before being introduced next session. Once introduced in the 2024 session, interim bills will follow the legislative process in the same manner as all other bills.

LGBTQ+ Caucus: Private Schools Shouldn’t Be Allowed to Use Taxpayer Funds to Discriminate

DENVER, CO – The Colorado Democratic LGBTQ+ Caucus released the following statement regarding a federal judge’s preliminary injunction to block Colorado from preventing preschool providers in the taxpayer-funded universal preschool (UPK) program from discriminating against LGBTQ+ families and educators:

“Institutions that receive public funds should not be able to use those taxpayer resources to discriminate against LGBTQ+ families. All children should have access to high-quality early childhood education that sets them up for success. This decision is in direct conflict with the majority of Coloradans who overwhelmingly support LGBTQ+ rights, oppose discrimination, and support free, high quality preschool for all early learners in Colorado.

“The Department of Early Childhood’s non-discrimination requirements for UPK providers are crucial to ensure that taxpayer resources aren’t used to perpetuate bigotry toward LGBTQ+ families. However, under this ruling, taxpayers will now be forced to subsidize religious education institutions who want to use public funding for programs that exclude LGBTQ+ families. Taxpayer dollars should be spent on preschools that are willing to serve all Coloradans, no matter the sexual orientation of parents, or the gender identity of students or staff.”

The current members of the Colorado Democratic LGBTQ+ Caucus are:
Rep. Brianna Titone, Chair
Sen. Sonya Jaquez Lewis, Co-Chair
Rep. Jennifer Lea Parenti
Rep. Elizabeth Velasco
Rep. Stephanie Vigil
Rep. Lorena Garcia
Rep. Ruby Dickson
Rep. Elisabeth Epps
Rep. Leslie Herod
Rep. Alex Valdez
Rep. David Ortiz
Sen. Joann Ginal

Interim Committee Bills to Improve Mental Health and Substance Use Resources Advance

Colorado Democrats Advance Bills to Boost Community-Based Treatment and Resources to Prevent Crime and Reduce Recidivism

DENVER, CO - The Treatment of Persons with Behavioral Health Disorders in the Criminal and Juvenile Justice Systems interim committee today advanced five bills to improve access to court diversion programs, increase funding for Colorado’s 911 Resource Center, dispatch community-based mental health professionals to youth and families experiencing a behavioral health crisis, clarify the process for defendants who are found by a court to be incompetent to stand trial, and ensure that individuals are not held in jails if they haven’t committed a crime.

Bill 2, sponsored by Representatives Judy Amabile and Regina English and Senator Rhonda Fields, would remove jails as an option for substance use disorder commitments when no crime has been committed. Under the bill, local law enforcement agencies would submit a quarterly report to the Behavioral Health Administration regarding how many people have been taken into protective custody, how long they were in treatment, where they were treated, and other data.

“Correctional facilities shouldn’t be the largest provider of mental health treatment in our state,” said Rep. Judy Amabile, D-Boulder, sponsor of Bills 2, 3, and 5. “Our bills will remove jails as treatment providers when no crime has been committed, boost funding and resources for judicial districts to alleviate pressure on our jail systems, and keep individuals in their community while they work through a behavioral or mental health treatment plan created by a licensed mental health professional. These changes will help drive down recidivism, get people the treatment services they need, and more quickly bring justice to victims of crimes.”

“Coloradans seeking help deserve to be met with well-resourced, comprehensive services and reliable responses,” said Senator Rhonda Fields, D-Aurora, sponsor of all five bills. “The legislation I am bringing forward next session will boost resources across a variety of services to ensure that crisis responders and judicial employees are operating efficiently and that Coloradans can continue to rely on these essential community services. I look forward to carrying these bills to guarantee that Coloradans can receive help whenever, wherever, and however they need it.”

Bill 3, sponsored by Representatives Judy Amabile and Mary Bradfield and Senator Rhonda Fields, would help address our competency backlog by allowing us to get defendants who are not able to be restored to competency into appropriate treatment more quickly.

“Increasing treatment services for substance abuse disorders in our criminal justice system will reduce recidivism rates and offer the tools people need to successfully reenter society,” said Rep. Regina English, D-Colorado Springs, sponsor of Bills 2, 4, and 6. “By offering these services, we can address the root causes of crime and give Coloradans a better chance at a thriving future. We’re also allocating money to help Colorado’s 911 Resource Center properly staff their workplaces and give workers the information and training they need to respond to calls more effectively.”

Colorado’s 911 Resource Center supports first responders across the state. Public safety answering points, commonly known as call centers, play an important role by gathering important information for law enforcement, fire departments, and EMS during a call and providing critical de-escalation services before first responders show up on the scene. Bill 4, sponsored by Senator Rhonda Fields and Representative Regina English, would fund the Colorado 911 Resource Center so it can continue to provide services and training to public safety answering points.

Bill 5, sponsored by Representatives Judy Amabile and Mary Bradfield and Senators Rhonda Fields and Rod Pelton, would codify and expand the Crisis Resolution Team program to provide mobile crisis responses for youth and their families, using community-based services to de-escalate and stabilize Colorado youth during a behavioral health crisis. Additional services would include counseling or therapy, case management to help meet treatment plans, peer support or family skills coaching, medication management, and care coordination.

The committee also advanced Bill 6, sponsored by Senate Majority Leader Robert Rodriguez and Senator Rhonda Fields and Representatives Regina English and Mary Bradfield. Currently, district attorneys can use an assessment tool to identify individuals who are eligible to be diverted away from the juvenile or criminal justice system and into appropriate services. This bill expands eligible individuals to include juveniles and adults with intellectual and developmental disabilities, as well as those with behavioral health issues, and adds behavioral health services and services for adults and juveniles with developmental disabilities to the list of available diversion services.

“Young people and adults who struggle with developmental disabilities or behavioral health issues too often become involved in the juvenile or criminal justice system,” Majority Leader Robert Rodriguez, D-Denver, sponsor of Bill 6 said. “This bill will require DAs to consider a young person's mental or behavioral health status when determining if they are eligible for diversion services.”

The five bills will now go to the Legislative Council for approval before being introduced next session. Once introduced in the 2024 session, interim bills will follow the legislative process in the same manner as all other bills.

Senators’ Statement on Pueblo Train Derailment

DENVER, CO – Senate Assistant Majority Leader Faith Winter, D-Broomfield, and Senators Lisa Cutter, D-Jefferson County, Nick Hinrichsen, D-Pueblo, Sonya Jaquez Lewis, D-Longmont, and Kevin Priola, D-Henderson, released a statement following a train derailment in Pueblo County:

“As Senators who have placed a heightened focus on transportation issues in both the legislature and our private careers, we are disappointed, but not surprised by today’s derailment in northern Pueblo County. At this time, we do not know the cause or the extent of economic and infrastructure damage. More importantly, we are desperately hoping for news of the safety of all transportation workers involved in this incident. Sadly, this event is not surprising.

We are aware of numerous safety issues with our rail system in Colorado, which is why earlier this month, the Transportation Legislative Review Committee voted to approve legislation for the upcoming session of the General Assembly to address those concerns including limiting train length, increasing safety inspections, and including detectors to identify train defects in real time. Efforts on this legislation began in the immediate aftermath of the disastrous hazardous material train derailment in East Palestine, Ohio, in February of this year. Through the aftermath and investigation of that derailment, it became clear that our commercial rail transportation network has been subjected to ever increasing risk of accidents, with ever increasing severity when they do occur. We are committed to seeing this legislation’s passage as quickly as feasible, so that we may immediately work to reduce the risk of accidents like the ones in East Palestine and Pueblo.

As Colorado continues to grow, our rail-network will become even more critical to the sustainability of our state. We are committed to ensuring that the economic needs of our commercial rail system are met, without sacrificing the safety of our communities or our transportation professionals.”

Marchman to Champion Legislation that Improves Outdoor Nature Based Preschools

Marchman: "By allowing ONBs to operate full-day programs, we will create job opportunities, make ONBs more accessible to working families, and ensure kids get the quality education they deserve”

DENVER CO – Today, Senator Janice Marchman, D-Loveland, visited the Nature School Cooperative as she prepares her upcoming legislation that would allow licensure for outdoor nature based schools (ONBs) and increase their operations. 

ONBs have the same child development goals that traditional schools have, but meet those goals through experiences in and with nature. These schools are growing in popularity due to their unique format and support for students with diverse learning needs. However, ONBs currently have no way to obtain licensure. Despite currently operating via waivers and exemption statuses, roadblocks remain in place for ONBs, such as their inability to support full-day preschool. Marchman has toured multiple ONBs and met with parents and program directors to prepare her upcoming legislation that will aid the licensure and transition process.

“I had a great time today connecting with faculty, staff, and students at the outdoor preschool,” Marchman said. “Colorado is in the midst of an early-childhood education crisis, which is why it’s imperative that we develop a formal licensure process for ONBs and expand childcare options. By allowing ONBs to operate full-day programs, we will create job opportunities, make ONBs more accessible to working families, and ensure kids get the quality education they deserve.”

Eighty-two percent of Coloradans work full-time. Full-day licensure for ONBs would break down barriers for working families and add an estimated 340 additional spots for children. Additionally, full-day operations would support these small businesses by creating jobs in local communities.

Marchman, a teacher and Vice Chair of the Senate Education Committee, also toured the Thorne Nature Experience as a part of her preparation. Last session, Marchman sponsored numerous bills to support Colorado’s students, including legislation to increase mental health workers in schools, broaden loan forgiveness for higher education faculty, and expand the teacher workforce.

Interim Committee Tours Front Range & Western Slope Transportation Projects

Members met with transit officials, inspected projects aimed at improving safety and reducing emissions on Colorado’s roads

DENVER, CO – Members of the Transportation Legislation Review Committee (TLRC) recently toured sites across the Front Range and Western Slope to learn more about multiple projects underway to improve safety and reduce emissions on Colorado’s roads.

“Strengthening our transportation infrastructure will make it quicker, safer, and cheaper for Coloradans to get to the places they want to go,” said Chair Meg Froelich, D-Englewood. “From travel to the Denver airport to bussing around our mountain resort towns, we’re spending a couple days exploring all of the transportation options that Colorado has to offer to mark our progress and discuss future improvements that can save Coloradans money on transportation.”

“Coloradans depend on a robust and functioning transportation system to get where they need to go, and the TLRC has been hard at work this interim on legislation to improve those systems,” TLRC member Kevin Priola, D-Henderson, said. “It’s critical for us to see the impacts of our work to improve Colorado’s roads up close and in-person, and I look forward to using what we learned these past two days to craft future initiatives to help Colorado’s transportation system reach its full potential.”

"All Coloradans deserve to move around the state safely and conveniently, and we can accomplish that by making more transportation choices,” said TLRC member Rep. Stephanie Vigil, D-Colorado Springs. “Public transit is not only a great way to reduce carbon emissions, but it also creates more opportunities for every budget and every lifestyle. Our tour around Colorado is helping us improve our transportation infrastructure to make it easier and cheaper for people to get around.”

On Thursday TLRC members embarked on the tour aboard a bus from the state’s new “Bustang” fleet, Colorado’s intercity public transportation system which is growing quickly with an infusion of state funds from SB22-180, sponsored by TLRC Vice Chair Senator Faith Winter, D-Broomfield  The tour began with an inspection of Denver International Airport facilities, including a tour of DIA’s ‘green fleet’. DIA is a recipient of Clean Fleet Enterprise grants, funded by SB21-260, also sponsored by Winter, to support the adoption of electric vehicles.

Following that, the committee went on an e-bike tour of Boulder, hosted by Bicycle Colorado. Recognizing that e-bikes are an important emerging mode of nonpolluting transportation, last session the state funded a long-term $500 state-wide tax credit for e-bike purchases through HB23-1272 which comes online April, 2024. 

Senator Lisa Cutter, D-Jefferson County, who rode an e-bike for the first time on the tour, said “These things are fast and smooth, I can see why they’re replacing car trips for so many people — now we just need to make our streets safer to ride them on.”

Following the e-bike tour, members visited Via Mobility to see how Via’s accessible transportation services help Coloradans get around outside the home. Finally, members visited Idaho Springs to inspect multiple projects along the I-70 corridor.

Today, members continued their tour with a visit to Colorado Department of Transportation improvements on Berthoud Pass and other improvements underway on U.S. Highway 40. The committee met with leaders in Winter Park and learned about the growing bus system and multimodal plans underway including a free public gondola and opportunities for expanding passenger rail connections to the front range.

Finally, members concluded their trip with a tour of the Frisco Transit Center and Summit County Transit operations center, a tour of the Idaho Springs Mobility Hub, and by inspecting projects along I-70, including Floyd Hill construction, peak shoulder lanes, and mountain express lanes. 

Earlier this week, the TLRC advanced five interim bills to improve infrastructure for cyclists and pedestrians, improve child passenger safety, crack down on predatory towing carriers, create a statewide transit pass and provide free transit for Colorado youth, and strengthen railroad safety standards.

Legislation to Improve Public Transit, Create Safer Streets Advances from Interim Committee

DENVER, CO - Yesterday, five bills to improve infrastructure for cyclists and pedestrians, improve child passenger safety, crack down on predatory towing carriers, create a statewide transit pass and provide free transit for Colorado youth, and strengthen railroad safety standards advanced from the Transportation Legislation Review Committee.

“Tragically, we’ve seen a disproportionate increase in cyclist and pedestrian casualties due to unprotected bike routes, inaccessible or non-existent sidewalks, and other weaknesses in Colorado’s transportation infrastructure,” said Rep. William Lindstedt, D-Broomfield, sponsor of Bill 1. “Coloradans should be able to commute and recreate safely, regardless of their mode of transportation. This bill will help make our roads safer for every type of travel, while also improving our air quality and reducing climate impacts and traffic.”

“Colorado’s roads are far too dangerous, especially for folks who are using them without a car or kids riding as passengers,” said Vice Chair Faith Winter, D-Broomfield, sponsor of Bills 1 and 4. “Our first bill will provide meaningful resources to improve our infrastructure and make it safer for folks to get where they need to go. The other bill that I’ll be sponsoring next session will help Coloradans access resources like appropriate car seats that will help kids survive crashes and make sure more families stay safe on the road.”

“Many cyclists and pedestrians have felt the impacts of deteriorating safety on our streets due to the lack of safety measures that protect them from dangerous car traffic,” said Rep. Mandy Lindsay, D-Aurora, sponsor of Bill 1. “With this new bill, we will use data-driven safety strategies to reduce traffic collisions and save more Colorado lives.”

“Deaths of vulnerable road users have increased dramatically. Pedestrians, cyclists and people using mobility devices are at risk. Our bill will support safety projects proven to reduce traffic deaths, and when our roads are safer, we believe people will feel more comfortable using alternative modes of transportation,” said Senator Lisa Cutter, D-Jefferson County, sponsor of Bills 1, 5 and 7. “Our rail safety bill will ensure that our communities, forests, watersheds and rail workers are protected from hazardous materials being transported through our state by rail. Additionally, we’ve explored new ways to prevent predatory towing practices and ensure companies aren’t taking advantage of Coloradans or skirting the law. We’ve worked hard to develop bills that will deliver safer streets and railways and fairer systems for Coloradans, and I'm excited to help shepard them through the process."

Bill 1 would deliver road safety improvements that are proven to reduce dangerous traffic collisions, like controlled crossings and separated bike lanes. Between 2010 and 2021, pedestrian deaths from collisions with motorized vehicles increased 77 percent while all other traffic-related deaths increased by 25 percent. The likelihood that a collision with a motor vehicle will result in serious injury to a pedestrian is 50 percent if the vehicle is traveling 31 miles per hour and 99 percent if the vehicle is traveling at 46 miles per hour. The fatality risk to a cyclist or pedestrian increases between 40 and 50 percent with each thousand pound increase in weight of the motor vehicle.

“During my time in elected office, Colorado has taken leaps and bounds forward when it comes to smart, successful transportation policy,” said Senator Kevin Priola, D-Henderson, sponsor of Bills 4, 7 and 9. “Ahead of my final legislative session in the General Assembly, I’m proud to sponsor a suite of bills that will improve upon our past work while continuing to innovate. The bills from the Transportation Legislation Review Committee I’m sponsoring will help families access resources to keep kids safe while driving, streamline a statewide transit system to increase usage and save people money, and improve consumer protections to crack down on predatory towing companies and level the playing field for Coloradans.”

“It is estimated that up to 84% of Colorado children are improperly restrained while riding in a vehicle, which has led to devastating fatal car accidents,” said Chair Meg Froelich, D-Englewood, sponsor of Bill 4. “Kids that live in rural parts of the state and children of color are more at-risk, because families may not have access to life-saving child restraints. Our goal with this new bill is to spread awareness and make it easier for every family across the state to protect their children in their vehicles.”

Bill 4, also sponsored by Minority Leader Rose Pugliese, would create the Child Passenger Safety Education and Distribution Grant Program to increase awareness of child passenger safety laws, connect families with child restraint products like car seats, and fund the certification of child passenger safety technicians. The bill would also update car seat and child restraint requirements to reflect the latest available science and better protect children under the age of 13.

“Predatory towing companies have been picking the pockets of hardworking Coloradans for too long,” said Rep. Andrew Boesenecker, D-Fort Collins, sponsor of Bill 7. “It is much too common for people to have to jump through hoops and pay hundreds of dollars to get their car back after it was towed despite the protections we’ve passed in recent years. Our new bill would disincentivize bad actors from exploiting car owners and reinforce best practices in the towing industry to better protect Colorado consumers.”

“Everyday Coloradans can’t afford to cover the costs of towing companies mistakenly taking away their car,” said Rep. Tisha Mauro, D-Pueblo, sponsor of Bill 7. “Most Coloradans rely on car travel to get to their job, drop their kids off at school, and other necessary errands. I’m proud to carry this bill so we can greatly reduce unnecessary towing incidents that take money from hardworking Coloradans.”

Bill 7 would crack down on predatory towing by granting more enforcement and permitting authority over towing carriers to the Public Utilities Commission (PUC). The bill further protects consumers by restricting towers from patrolling parking areas on behalf of a property owner, and ensuring all financial information is reported to the PUC and the General Assembly to increase transparency of towing operations.

“Coloradans deserve ways to get around that are easy, cheap, and efficient,” said Rep. Ruby Dickson, D-Centennial, sponsor of Bill 9. “High-quality transit can ease traffic congestion, improve air quality, and save travel time. Our new bill will reduce the cost of transit passes, including making fares free for people under 20. It also explores a single statewide transit pass to save Coloradans money, time, and headaches!"

“The EveryWhere Pass will give Coloradans the convenience and access to go all over our beautiful state year round while doing their part to reduce air pollution and lower greenhouse gas emissions,” said Senator Sonya Jaquez Lewis, D-Longmont, sponsor of Bill 9. “Colorado youth can ride for free to help lower the cost for working families, and the tax credit will help Colorado businesses offer their employees reliable and discounted transportation. The EveryWhere Pass has something for everyone.”

“Public transit is a great way for youth to get to school, work, and extracurricular activities without needing a driver's license and a car,” said Rep. Stephanie Vigil, D-Colorado Springs, sponsor of Bill 9. “Our new bill would cut transportation costs for families traveling together, and give teens in Colorado a boost in opportunity, by making transit zero fare for youth."

Bill 9 would support the use of transit in multiple complementary ways. First, it would create a tax credit for purchasing a transit pass; something that exists now for employers but not individuals. It would also create the Statewide Transit Pass Exploratory Committee to come up with a plan to implement a statewide transit pass by January 1, 2028.

The bill would also create a program to provide free year-round transit services to kids across the state who are 19 years old or younger. The bill also would extend the successful Ozone Season Transit Grant Program.

The committee also passed Bill 5, which would strengthen railroad safety standards and create the Front Range Passenger Rail District Maintenance and Safety Fund to improve railroad safety for passenger travel.

The five bills will now go to the Legislative Council for approval before being introduced next session. Once introduced in the 2024 session, interim bills will follow the legislative process in the same manner as all other bills.

JOINT RELEASE: Bipartisan Laws to Reduce Recidivism and Expand Post-Conviction DNA Testing Go Into Effect

DENVER, CO – Two bipartisan laws to allow Coloradans who are incarcerated to earn time off their sentence by pursuing higher education and to expand access to DNA testing after being convicted of a felony are now in effect.

“Education is a proven tool to reduce recidivism and improve public safety because it creates strong, post-sentence pathways for formerly incarcerated Coloradans to thrive after completing their sentence,” said Rep. Matthew Martinez, D-Monte Vista, sponsor of HB23-1037. “It is exciting to see higher education institutions from across the state sign on to work with the Department of Corrections to offer courses to Coloradans who are incarcerated. This bipartisan legislation will help Coloradans have the skills and higher education credits they need to secure a good-paying job after their time is served.”

“Colorado owes incarcerated people more, which is why I am proud to have championed these bills that will help folks in prison prove their innocence and better prepare them for life outside prison,” Senator Julie Gonzales, D-Denver, Sponsor of HB23-1037 and HB23-1034 said. “Enabling petitioners to access post-conviction DNA testing will help folks prove their innocence and allow them to reclaim their freedom, while expanding educational opportunities will reduce recidivism rates and better prepare Coloradans to find good-paying careers once they’ve left prison. I am happy to see these important new laws go into effect, and I look forward to the transformational changes they will bring to incarcerated Coloradans.”

“Wrongful convictions ruin the lives of innocent people across our nation and can lead to cycles of poverty and incarceration that devastate families and perpetuate injustice,” said Rep. Lindsey Daugherty, D-Arvada, sponsor of HB23-1034. “When someone is wrongly convicted, that means the real perpetrator is likely still on the street. This important law makes it easier for those convicted of certain crimes to access post-conviction DNA testing, which can help prove their innocence and identify the actual perpetrator. This law will lead to safer communities and a more just and trusted legal system for Coloradans.”

HB23-1037, sponsored by Representatives Matt Martinez and Rose Pugliese, R-Colorado Springs and Senator Julie Gonzales, allows people who are incarcerated and sentenced for a nonviolent felony offense to reduce their sentence by completing an accredited degree or other credential awarded by an accredited higher education institution while the person is incarcerated in the Department of Corrections.

Specifically, people who are incarcerated can receive 6 months of earned time for an earned credential or a 30 credit hour certificate, one year of earned time for a bachelor's or associate's degree, 18 months of earned time for a master’s degree, and two years for a doctoral degree.

Five Colorado Universities will offer select courses and certificate programs to people who are incarcerated including Adams State University, Trinidad State University, Pueblo Community College, Colorado State University Pueblo and Regis University.

HB23-1034, sponsored by Representatives Lindsey Daugherty and Matt Soper, R-Delta, and Senators Julie Gonzales and Cleave Simpson, R-Alamosa, aims to help end wrongful convictions by expanding the use of post-conviction DNA testing.

Specifically, this law expands the eligibility for people to access DNA testing after being convicted of a felony to include those on parole or probation, registered sex offenders, those charged with a felony but not convicted by reason of insanity and those who have completed their felony prison sentence.

JOINT RELEASE: Gun Violence Prevention Laws Go Into Effect

DENVER, CO – Two laws to prevent gun violence and save lives go into effect on October 1. HB23-1219 establishes a minimum three day waiting period to purchase a firearm, and SB23-168 creates new avenues for victims of gun violence to pursue justice.

“We know waiting periods are a successful tool proven to prevent suicide and firearm deaths,” said Rep. Meg Froelich, D-Englewood, sponsor of HB23-1219. “Establishing a three day waiting period creates breathing room and time to intervene before an act of violence is committed. Widely supported by gun owners, waiting periods can help us address gun violence and create safer Colorado communities.”

“Previously, if you wanted to get your hands on a gun, you could do so with near immediacy,” said Senator Tom Sullivan, D-Centennial, sponsor of HB23-1219. “Whether you intend to harm yourself or others, waiting periods on firearm purchases delay immediate access to weapons and cut down on impulsive acts of violence. I’m proud to champion this new law that will save lives and create safer communities for all Coloradans.”

“I have experienced firsthand how a ‘cooling off’ period can save someone's life when they are in crisis and trying to purchase a firearm,” said Rep. Judy Amabile, D-Boulder, sponsor of HB23-1219. “My son is still with us today because his background check was delayed when he went to a local gun store, and I am forever grateful he did not have instant access to a firearm that day. This new law will help save lives from senseless and preventable gun violence and improve public safety by preventing someone in crisis from immediately acquiring a deadly weapon.”

“A cooling off period could be the difference between life and death for a person in the midst of a mental health crisis,” said Senator Chris Hansen, D-Denver, sponsor of HB23-1219. “This legislation is backed by research and will reduce gun deaths by suicide and homicide. I’m incredibly proud of Colorado’s leadership on this issue and am proud to take this meaningful step to reduce the epidemic of gun violence.”

Research shows that creating a waiting period for purchasing a firearm has led to a 7 to 11 percent reduction in suicides by firearm and a 17 percent reduction in firearm-related homicides. In 2020, Colorado had the seventh highest suicide rate in the US, and in 2021, there were 740 suicides by firearm in Colorado, accounting for more than half of all suicides in the state. From 2014 to 2019, the number of firearm deaths in Colorado was greater than deaths from motor vehicle crashes and opioid overdoses. Among firearm deaths, more than 75 percent were caused by intentional self-harm or suicide.

Current law mandates that a background check is complete before a firearm can be transferred, which often takes less than three days. HB23-1219 requires a gun seller to wait for an approved background check or three days from the initiation of the background check, whichever is later, before delivering a gun to the purchaser. Creating a waiting period delays immediate access to firearms and can help prevent impulsive acts of violence, including suicides, homicides and assaults. Mandatory waiting periods are supported by 72 percent of gun owners.

The law does not apply to antique firearms. It also exempts the transfer of a firearm between an active duty military service member, who is set to deploy overseas, and their family.

“With this law, we are ending the excessive legal protections enjoyed by the firearm industry and ensuring they can be held accountable when their actions cause harm to others,” said Rep. Jennifer Parenti, D-Erie, sponsor of SB23-168. “This law re-establishes pathways for victims of gun violence, and their families, to seek justice through the courts. It ensures the firearm industry can be held to the same standard as any other business that operates in our state and hopefully encourage them to be stronger partners in our efforts to reduce gun violence in our communities and create safer neighborhoods for everyone."

“Colorado used to be home to one of the most punitive laws against gun violence survivors in the country, laws that shielded them from accountability and needed to be changed,” said Senator Sonya Jaquez Lewis, D-Longmont, sponsor of SB23-168. “This new law will level the playing field by removing those extra protections and allowing legitimate lawsuits to move forward, ensuring the gun industry is no longer given special treatment and improving gun violence survivors’ ability to seek the justice they deserve.”

“Previously, Colorado gun sellers and manufacturers were provided legal protections far beyond those for most other businesses in the state and that prevented victims of gun violence from seeking justice,” Senator Chris Kolker, D-Centennial, sponsor of SB23-168 said. “Removing Colorado’s overly broad gun industry immunity law will provide another avenue for survivors to pursue justice if they are harmed by irresponsible business practices.”

“When it comes to seeking justice through the courts, victims of gun violence in Colorado have faced an uphill battle,” said Rep. Javier Mabrey, D-Denver, sponsor of SB23-168. “Prior to this law, the firearm industry had extreme and unjust legal protections that prevented families and victims from seeking accountability. Through this legislation, we’re removing these completely unwarranted legal protections and creating a new avenue for victims to seek the justice they deserve.”

Prior to SB23-168, firearm industry members enjoyed broad protections under the federal Protection of Lawful Commerce in Arms Act from most types of civil lawsuits. Colorado law goes even further by including a punitive provision that forces victims of gun violence who sue the firearm industry to pay the company’s legal fees in dismissed cases. SB23-168 removes Colorado’s overly-broad immunity protections for firearm industry members and allows legitimate lawsuits against the firearm industry to move forward.

After their daughter was killed in the Aurora movie theater shooting, Sandy and Lonnie Phillips sued four online retailers that irresponsibly sold magazines, thousands of rounds of ammunition, and body armor to the murderer. Under Colorado’s immunity law, they were forced to pay around $200,000 in legal fees to bulk ammunition sellers. As a result, they ended up selling their house and declared bankruptcy. SB23-168 is named the “Jessi Redfield Ghawi’s Act for Gun Violence Victims’ Access to Justice and Firearms Industry Accountability” in honor of Sandy and Lonnie Phillips’ daughter.

Removing Colorado’s firearm industry shielded liability will allow survivors, like the Phillips and countless others, to seek appropriate justice via civil actions and will give survivors the legal opportunity to hold firearm industry members accountable for their actions.

Exum Applauds Groundbreaking of New Affordable Housing Project in Colorado Springs

COLORADO SPRINGS, CO – Today Senator Tony Exum, Sr., D-Colorado Springs, attended the groundbreaking ceremony of a new affordable housing development for low-income seniors in Colorado Springs.

"I was honored to join local leaders to celebrate Silver Key Senior Services’ groundbreaking on the Silver Key Apartments affordable housing project,” said Exum. “Colorado Springs is no stranger to our statewide housing crisis. The Silver Key Apartments will provide dozens of affordable housing units and will be life-changing for a number of our community’s low-income seniors and veterans. During my time in elected office, I have been proud to support the Colorado Housing Finance Authority’s work to distribute affordable housing tax credits, ensuring projects like the Silver Key Apartments have the necessary resources to become reality.”

The Silver Key Apartments project is a 50-unit affordable housing complex for low-income older adults, with an allocation of 13 units specifically designated for older adult veterans. The apartments are located adjacent to Silver Key Senior Services’ headquarters at 1625 S. Murray Boulevard, Colorado Springs, Colorado.

In 2022, Silver Key Senior Services received an award of 9 percent tax credits from Colorado Housing Finance Authority for the development of the Silver Key Apartments project. As a result of legislation passed in 2019, the Colorado Affordable Housing Tax Credit allocates $10 million in state credit annually from 2020 to 2024. Last year the Colorado General Assembly passed legislation to extend the program through 2031, maintaining the credit amount at $10 million per year while removing the aggregate cap for credits for developments in counties impacted by a federally declared natural disaster, allowing developments to leverage state and federal natural disaster funds for recovery efforts.

JOINT RELEASE: Colorado Economy Continues to Grow

DENVER, CO – Democratic members of the Joint Budget Committee today released the following statements after the Legislative Council Staff and the Office of State Planning and Budgeting delivered the September quarterly economic forecasts.

“Colorado’s economy continues to grow with new jobs being created every day, our unemployment rate well below the national average, and continued wage growth outpacing inflation,” said JBC Vice Chair Rep. Shannon Bird, D-Westminster. “Colorado is making strides to bring down the cost of living and make our state more affordable as housing costs and nationally high gas prices continue to impact Coloradans’ quality of life. I’m excited to get to work crafting a balanced budget that keeps our state’s economy strong, invests in education, improves public safety, and responds to the needs of Colorado’s families while continuing our state’s responsible growth into the future.”

“Today’s forecast shows us that, despite some turbulence, Colorado’s economic outlook remains positive,” said JBC Chair Rachel Zenzinger, D-Arvada. “As we begin the process of drafting next year's budget, we remain focused on supporting Colorado’s families by investing in priorities like housing, health care, and education, and ensuring that Colorado remains on a sound and sensible economic path now and into the future."

“These forecasts will guide our work as we begin to develop next year’s budget and prioritize our limited state resources toward the issues that matter most to Coloradans – increasing funding for public schools, protecting our air and water, and building an equitable economy that delivers for Colorado’s working people,” said JBC Member Emily Sirota, D-Denver. “I’m committed to continuing our work to provide high quality, free universal preschool, improve our air quality, and invest in the critical services our communities need to thrive.”

“My top takeaway from this forecast is something that everyone already knows: housing is far too expensive in Colorado, and we have to do more to address it so that more families can afford to live here,” JBC Member Jeff Bridges, D-Arapahoe County, said. "This forecast will help guide our discussions as we roll up our sleeves and get to work crafting a budget that will lower the cost of housing while meeting the needs of families and communities across our state. I am proud of the work we’ve done to support Coloradans during this volatile economic period, and I look forward to continuing our work to set Colorado on a path to further economic success.”

Colorado’s economy continues to grow, with an unemployment rate of 3.1 percent, which is lower than before the pandemic and below the national average of 3.8 percent, with total employment growth clocking in at around 1.4 percent. Workers in the mountain region, which includes Colorado, saw 7.2 percent wage growth– the highest among US regions, and business activity remains near historic highs.

The Legislative Council Staff (LCS) forecast anticipates General Fund revenues to be $18 billion in FY 2022-2023 and $17.44 billion in FY 2023-2024 – a $306 million increase for FY 2022-2023 and a $324 million decrease for FY 2023-2024 as compared with the earlier June revenue forecast. The LCS forecast anticipates General Fund revenues to be $18.49 billion for FY 2024-2025, an $82.3 million decrease from the June forecast.

The Office of State Planning and Budgeting (OSPB) anticipates that General Fund revenue will be $18 billion for FY 2022-2023, a $223 million increase over the June forecast. For FY 2023-2024, OSPB revised up its projected General Fund revenue by $793 million to $17.3 billion. For FY 2024-2025, OSPB estimates that General Fund revenue will be $18.3 billion, an increase of $137.8 million as compared with the June forecast.

The forecast anticipates continued growth as Colorado stands well positioned to fare better in the case of a downturn and that the risk of a near-term recession has dissipated. Factors that could improve the forecast include slowing inflation, an expanded labor force, and a rebound in real wages boosting consumer spending, and more accommodative monetary policy from the Federal Reserve. Risks that could negatively impact the forecast include persistent inflation leading to further restrictive monetary policies, deteriorating household finances limiting consumption and continued geopolitical and trade uncertainty.

Michaelson Jenet Sworn Into Colorado Senate

DENVER, CO – Newly appointed Senator Dafna Michaelson Jenet, D-Commerce City, was sworn into the Colorado State Senate today, following her Senate District 21 vacancy committee selection. 

“Serving the people of Adams County at the Capitol has been the honor of my life, and I am excited to continue working on their behalf in the Senate,” said Michaelson Jenet. “From improving Coloradans’ access to mental and behavioral health care to lowering the cost of living and creating more housing our families can afford, I will keep working every day in the Senate to make real, bold changes in Colorado and to make sure everyone who lives here can succeed.”

“I am pleased to welcome Senator Michaelson Jenet, a leader who has fought her entire legislative career to move her community and our state forward, to the Colorado Senate,” Senate President Steve Fenberg, D-Boulder, said. “Adams County voters can rest easy knowing they’ll continue being well represented by a strong voice in the Senate, and I look forward to working with Senator Michaelson Jenet to build a stronger, safer and healthier Colorado for us all.”

Michaelson Jenet’s selection was necessitated by the departure of former Senate Majority Leader Dominick Moreno, who resigned his seat to serve as Deputy Chief of Staff for Strategy in Denver Mayor Mike Johnston’s administration.

Michaelson Jenet holds an MBA from the University of Denver’s Daniels College of Business and a bachelor’s degree from Yeshiva University’s Stern College for Women. She and her husband Michael have three children: Eytan and Gavriella Michaelson and Ryan Jenet.

Senate Democratic Behavioral Health Champions Meet with Students in Recovery

DENVER, CO – Today, Assistant Majority Leader Faith Winter, D-Broomfield, and Senators Chris Kolker, D-Centennial, and Kevin Priola, D-Henderson, met with students at 5280 High School, the nation's largest recovery high school and grant recipient of the Community Gap Grant Program established by HB22-1281. 

The Community Gap Grant Program provided $90 million dollars to help local governments and nonprofit organizations implement community-based programs and services filling regional gaps in the continuum of care across the state so Colorado families can find behavioral health care closer to their homes.

“In 2022, we had a unique opportunity to invest American Rescue Plan Act dollars in our communities to move Colorado forward and address the root causes of our behavioral health crisis,” said Winter. “The work 5280 High School is doing speaks to that vision. When students participate in recovery programs like this one they have better odds when it comes to entering the workforce, breaking family cycles of addiction and preventing future substance use.” 

“Today we listened to students’ inspiring journeys to recovery and what I heard was that the success of this program is based on the help of the recovery community, the professional staff, and shared experiences of each student establishing a peer network of support. They are able to learn, grow, and graduate with the focus on their personal mental and physical health to recover from trauma and substance abuse,” Kolker said. “5280 High School’s recovery program is making a profound impact on Colorado’s youth, and is an example of exactly the kinds of community-based programs we hoped would benefit from the Community Gap Grant Program.”

“The ways in which we support people in the most difficult battles of their lives has been one of my main priorities in my time in the legislature,” said Priola. “Today I was able to hear from students like Emma who shared about their experience with substance use. She and others explained how they fell into addiction and how a safe connecting place like 5280 High School is helping with their recovery. I was reaffirmed in the work we are doing to invest in these kinds of programs throughout our state.” 

Winter, Kolker, and Priola all served on the Behavioral Health Transformational Task Force which invested $450 million in federal pandemic relief funds to help transform our behavioral health system so it better meets the needs of folks with mental health conditions and substance use disorders.

Kolker also successfully passed SB22-147, a bipartisan bill which invested over $11 million to allow pediatricians to better identify and treat behavioral health conditions and provide school-based support for kids and their families.

Senate Democrats Announce New Caucus Leadership

DENVER, CO – Following today’s caucus elections, the Colorado Senate Democrats announced their updated leadership team for the upcoming session of the General Assembly. The election was necessitated by the departure of former Senate Majority Leader Dominick Moreno, D-Commerce City, who resigned his seat to serve as Deputy Chief of Staff for Strategy in Denver Mayor Mike Johnston’s administration.

The Senate elected Senator Robert Rodruguez, D-Denver, to serve as Majority Leader, and Senator Faith Winter, D-Broomfield, to serve as Assistant Majority Leader.

The updated Senate leadership team includes:

President Steve Fenberg D-Boulder

President Pro Tempore James Coleman, D-Denver

Majority Leader Robert Rodriguez, D-Denver

Assistant Majority Leader Faith Winter, D-Broomfield

Majority Whip Julie Gonzales, D-Denver

Majority Caucus Chair Janet Buckner, D-Aurora

JBC Member Rachel Zenzinger, D-Arvada

JBC Member Jeff Bridges, D-Greenwood Village

“I am honored and humbled by the faith and trust the caucus has placed in me, and I am grateful for the opportunity to serve our state in this new position where I look forward to helping our caucus reach its full potential and delivering big wins for our state,” said Majority Leader Rodriguez. “Colorado is counting on us, and I am looking forward to delivering real results this session that position our state well for the future and build a stronger, safer and healthier Colorado for us all.”

“Serving the people of Colorado is the honor of my life, and I am thrilled to have the opportunity to continue serving them in this new capacity,” said Assistant Majority Leader Winter. “We work best when we work as a team, and I am excited to help lead our caucus forward and take on the hard work so we can improve the lives of families all across Colorado and keep our state on the right track for generations to come.”

“I am pleased to offer my congratulations to our new Senate Majority Leader, Robert Rodriguez, and our new Assistant Majority Leader, Faith Winter,” said President Fenberg. “The Colorado Senate Democrats stand ready to continue tackling the challenges that matter most to Coloradans like making housing more affordable, creating safer and more resilient communities, and better preparing our students for success. Democrats have delivered on the issues that matter most to Coloradans, and our new leadership team is well-equipped to build on the progress we’ve made together and continue creating lasting results for the people of Colorado."

Wildfire Matters Review Committee Tours Wildfire Fighting Facilities, Meets with Impacted Coloradans

GLENWOOD SPRINGS, CO – This week, bipartisan members of the Wildfire Matters Review Committee (WMRC) participated in a series of site visits throughout the Western Slope to learn more about Colorado’s wildfire response and prevention resources and hear directly from Coloradans impacted by recent destructive wildfires.

"I am proud to host the Wildfire Matters Interim Committee in my beautiful district," said Chair of WMRC, Rep. Elizabeth Velasco, D-Glenwood Springs. "On the Western Slope, we have experienced catastrophic fires which are only worsening as a result of climate change. We no longer have fire seasons, but fire years. We must be proactive in the face of a changing climate. There are many lessons learned and we have made progress in fire resiliency and emergency response, however there is more work to do."

"Because of climate change, extreme wildfires are occurring more frequently, so we must continue working to protect our homes and businesses and create more resilient communities,” said Vice Chair of WMRC, Senator Lisa Cutter, D-Jefferson County. “A fire anywhere in Colorado affects the water we all drink, the air we all breathe, and the economy and recreational opportunities that enrich our lives. It's critical for us to hear from experts and community members who work and live in areas most likely to be directly impacted. I look forward to taking what we’ve learned back to the Capitol, where it will help shape our wildfire policy.”

On Wednesday, WMRC committee members toured the Colorado Department of Transportation’s ​​Hanging Lake Tunnel, a traffic command center equipped with a complete fire department for rapid response to fires in Glenwood Canyon. Following the tour of the command center, the committee visited El Jebel Mobile Home Park, a community threatened during the 2018 Lake Christine Fire, to learn about effective wildfire mitigation efforts. Finally, the committee met with members of the Glenwood Springs community to discuss recent wildfire fighting responses and identify gaps in resources and services.

Today, the committee continued their tour with an EcoFlight tour of burn scars from the Grizzly Creek, Lake Christine, and Coal Seam wildfires. The two-day trip concluded with a tour of the Center of Excellence for Advanced Technology Aerial Firefighting, a center established by SB14-164 and charged with driving technological advancements that improve firefighting practices and ensuring the successful implementation of Colorado's aerial firefighting fleet.

This year, members of WMRC sponsored legislation to establish a statewide wildfire resiliency code board to help communities living in the wildland-urban interface defend homes and property from catastrophic wildfires, create a fire investigation fund to help investigate the causes and origins of fires and wildfires, and improve Colorado’s forestry workforce by directing the Colorado State Forest Service to develop educational materials on career opportunities in the industry and create a workforce development program in the State Forest Service.

President Fenberg Welcomes Michaelson Jenet to Senate

DENVER, CO – Colorado Senate President Steve Fenberg, D-Boulder, welcomed Senator-elect Dafna Michaelson Jenet to the Senate following her Senate District 21 vacancy committee selection to fill the seat of former Senate Majority Leader Dominick Moreno, D-Commerce City:

“I am thrilled to congratulate and welcome Senator-elect Michaelson Jenet, a leader in the House who has fought her entire legislative career to move her community and our state forward, to the Colorado Senate,” Fenberg said. “Adams County voters can rest easy knowing they’ll continue being well represented by a strong voice in the Senate, and I look forward to working with Senator-elect Michaelson Jenet to build a stronger, safer and healthier Colorado for us all.”

Michaelson Jenet has represented Colorado’s House District 32 for the past seven years, where she served as chair of the House Public Health & Human Services Committee and on the Education and Legislative Audit Committees.

Michaelson Jenet holds an MBA from the University of Denver’s Daniels College of Business and a bachelor’s degree from Yeshiva University’s Stern College for Women. She and her husband Michael have three children: Eytan and Gavriella Michaelson and Ryan Jenet. 

JOINT RELEASE: Laws to Improve Contact with Loved Ones While Incarcerated, Remote Accessibility for Court Proceedings Go Into Effect

DENVER, CO - On September 1, two new laws go into effect to lower the cost of  phone communication between people that are incarcerated and their friends and family and improve accessibility in court proceedings by allowing remote participation.

“I've seen firsthand how complicated and expensive it can be to try to communicate with a family member who is serving time in prison,” said Rep. Mandy Lindsay, D-Aurora, sponsor of HB23-1133. “Too many incarcerated Coloradans have had to limit communication with their parents, spouse, kids, and friends. Our law removes this unnecessary financial barrier to let Colorado families maintain and build their relationships with their loved ones, leading to a more successful transition back into their community and lower rates of recidivism.”

“Maintaining meaningful connections with friends and family helps incarcerated people envision a full life outside of the carceral system,” said Sen. Julie Gonzales, D-Denver, sponsor of HB23-1133. “Eliminating the costs of prison phone calls for incarcerated people and their loved ones will help restore hope for those in our corrections system. I am proud to champion this legislation, a low cost effort to reduce the likelihood of recidivism and help people maintain dignity while incarcerated.”

“Research shows that people who have more contact with their families while they are incarcerated have lower rates of re-arrest after they return to their community,” said Rep. Judy Amabile, D-Boulder, sponsor of HB23-1133. “Prison can be a very isolating place to be and people in custody deserve the ability to seek comfort and connection with their family and friends that will support them when they are re-integrated into society. With this law going into effect, we’re improving public safety, creating healthier communities, and ensuring that families can stay connected.”

“No cost prison phone calls will help incarcerated Coloradans stay connected to resources that can help them succeed outside of prison,” said Sen. Robert Rodriguez, D-Denver, sponsor of HB23-1133. “Data shows that people who are able to maintain connections with their support system are more likely to succeed and less likely to return to the prison system. Making prison phone calls free is the right thing to do for incarcerated Coloradans and their families and friends.”

Under HB23-1133, the Colorado Department of Corrections (DOC) must provide free voice, video, and electronic messaging communication services to people that are incarcerated and in DOC custody in either a correctional facility or a private prison. Starting September 1, the new law reduces the cost of phone calls by 25 percent. These communication services must cover outgoing and incoming attempts.

Lowering the cost of prison phone calls has been shown to reduce recidivism and better prepare people who are incarcerated for their release by helping them maintain critical connections. This law develops a plan to cover the full cost of communication services for people in state custody, allowing incarcerated Coloradans to use these services for free starting July 1, 2025.

“As someone who has spent thousands of hours observing court across our state, I know how unpredictable and inconsistent court access can be for everyday Coloradans, ” said Rep. Elisabeth Epps, D-Denver, sponsor of HB23-1182. “Public access to court observation should not require physical presence in court. By requiring criminal courts to offer consistent remote observation in all judicial districts, this legislation helps move us closer to a criminal legal system that is more transparent, equitable, and accountable for all Coloradans.”

“The more the public is able to access our courts, the better and more transparent they are,” said Sen. Rhonda Fields, D-Denver, sponsor of HB23-1182. “This new law will help the public better understand what is happening in our courtrooms, give folks without transportation more options, and help ensure every Coloradan who wants to is able to engage with our court system.”

“As a housing and eviction attorney, I’ve seen the strain that mandatory in-person attendance has on people that lack reliable transportation,” said Rep. Javier Mabrey, D-Denver, sponsor of HB23-1182. “The COVID-19 pandemic required court proceedings to take place virtually, and although they were successful, many courts across Colorado have discontinued remote observation. Because of our new law, Colorado courts must reasonably provide remote access for observers of a criminal court proceeding, ensuring fairness, transparency, accountability, and public discourse within our criminal justice system.”

HB23-1182, also sponsored by Senator Bob Gardner, requires all Colorado courts to provide a remote access option for the public to observe any criminal court proceeding taking place in an open court, unless a court order prohibits the public from observing the case. Under this law, the court must post links for remote observation on its website to make it easier for the public to access the court proceedings.

This law does not require courts to provide remote participation for plaintiffs, defendants, prosecutors, and other judicial personnel.

JOINT RELEASE: Lawmakers Urge Insurance Carriers to Support Former Friday Health Consumers

DENVER, CO – State lawmakers, led by Representatives Andrew Boesenecker and Lindsey Daugherty, today sent a letter to Colorado’s health insurance carriers urging them to honor former Friday Health Plan enrollees’ payments toward their deductibles and out-of-pocket maximums.

The national bankruptcy of Friday Health Plans has meant Coloradans formerly enrolled in Friday plans are now in the position of needing to purchase new health insurance for the rest of this plan year. Kaiser Permanente and Denver Health have reached agreements with the Division of Insurance (DOI) to honor the payments Friday consumers have accumulated toward their deductibles and out-of-pocket maximums.  

In the letter, state lawmakers wrote, “These types of nationwide financial failures are unfortunate and rare, but we do have mechanisms in place to protect Colorado consumers and providers. As we look closely at what transpired with Friday Health Plans, it’s clear that the health insurance industry has a role to play to secure the stability of the market, which is essential for carriers, providers, consumers, and businesses in our state.

“Our hope is to see additional carriers come to agreements with DOI in the wake of Friday’s failure and for DOI to use every tool at its disposal to encourage the industry to honor consumers’ payments toward cost sharing obligations. If additional tools or incentives are necessary, we stand ready to help encourage a more robust market response to future failures of insurance plans in Colorado.”

The full text of the letter is below:

To the Colorado Association of Health Plans, Rocky Mountain Health Plans and Kaiser Permanente Colorado:

We write to you regarding the national failure of Friday Health Plans and the steps Colorado is taking to protect consumers and ensure continued health insurance coverage for former Friday enrollees.

As you know, the national failure of Friday Health Plans has left many Coloradans in the position of needing to purchase new health insurance for the rest of this plan year. We commend the state for the actions taken to liquidate Friday in a careful and orderly way and continue coverage for impacted consumers.

These proactive steps have included direct intervention from the Division of Insurance (DOI) to ensure provider claims are paid and legislation we passed to include Friday Health Plans in the Colorado Guaranty Association– the state’s backstop for health plans facing insolvency. In addition, we are encouraged that DOI has reached partnerships with Kaiser Permanente and Denver Health for these carriers to honor the deductibles, copays, out of pocket maximums and other cost sharing obligations incurred or accumulated by Friday Health Plan consumers while receiving additional funding through the state’s reinsurance program in return.

The agreements with Kaiser and Denver Health will mean that Friday Health Plan consumers can obtain coverage from these carriers and these carriers will honor the payments consumers have made toward their deductibles and out-of-pocket maximums. In other words, their contributions toward copays, coinsurance and their deductible will be recognized by their new plans and be credited toward this plan year. This is meaningful, as 83-85 percent of Friday enrollees have access to Kaiser or Denver Health plans.

We appreciate the pro-consumer engagement from these carriers. Our expectation is that additional carriers rise to the occasion to support Colorado consumers.
 
Friday enrollees switching to plans with carriers other than Kaiser Permanente and Denver Health will not, as of now, see their deductible or out-of-pocket maximums honored by their new carrier, and we encourage consumers purchasing plans from these companies to file claims directly with Friday’s estate to recoup what they have paid toward their cost sharing obligations. A document with frequently asked questions and answers for former Friday enrollees can be found here: https://drive.google.com/file/d/1cb2cK0Lm4Fy-VU_4j2BxF0UY2LNTEhS5/view  

These types of nationwide financial failures are unfortunate and rare, but we do have mechanisms in place to protect Colorado consumers and providers. As we look closely at what transpired with Friday Health Plans, it’s clear that the health insurance industry has a role to play to secure the stability of the market, which is essential for carriers, providers, consumers, and businesses in our state.

Our hope is to see additional carriers come to agreements with DOI in the wake of Friday’s failure and for DOI to use every tool at its disposal to encourage the industry to honor consumers’ payments toward cost sharing obligations. If additional tools or incentives are necessary, we stand ready to help encourage a more robust market response to future failures of insurance plans in Colorado.

Sincerely,

Speaker Julie McCluskie
Representative Andrew Boesenecker
Representative Lindsey Daugherty, Chair, Health and Insurance Committee
Representative Matthew Soper, Ranking Member, Health and Insurance Committee
Senate Majority Leader Dominick Moreno
Speaker Pro Tempore Chris deGruy Kennedy

Representative Judy Amabile
Senator Janet Buckner
Senator Lisa Cutter
Representative Elisabeth Epps
Senator Tony Exum, Sr.
Representative Lorena Garcia
Representative Cathy Kipp
Senator Chris Kolker
Representative Sheila Lieder
Representative Meghan Lukens
Representative Javier Mabrey
Representative Karen McCormick
Senator Kyle Mullica
Representative David Ortiz
Senator Dylan Roberts
Representative Emily Sirota
Representative Tammy Story
Senator Tom Sullivan
Representative Brianna Titone
Representative Stephanie Vigil
Representative Mike Weissman
Senator Faith Winter
Representative Steven Woodrow

Laws to Save Coloradans Money on Housing, Improve Wildfire Insurance Coverage Take Effect

DENVER, CO - On August 7, three laws to reduce the cost of housing, protect homeowners’ access to insurance plans, and improve local governments’ ability to hold short-term rentals to local rules and regulations will go into effect.

“The lack of housing in Colorado is driving up home prices and rental rates while also negatively impacting our environment,” said Rep. William Lindstedt, D-Broomfield, sponsor of HB23-1255. “By eliminating arbitrary local growth caps, communities will be able to strategically build housing that better accommodates our needs while also reducing our reliance on car travel, which will improve our air quality.”

"Colorado needs more housing," said Senator Julie Gonzales, D-Denver, sponsor of HB23-1255. "Eliminating arbitrary growth caps will increase supply and allow more Coloradans to remain in the communities they currently live and work in. I’m proud to champion policy that will help communities keep up with ongoing growth, ease displacement, and help us meet our housing needs."

“Arbitrary growth caps shift the burden of keeping up with housing demand on neighboring, and often lower-income, communities,” said Rep. Ruby Dickson, D-Centennial, sponsor of HB23-1255. “Housing affordability is one of the biggest concerns for Coloradans. With our new law going into effect soon, we can tackle our housing shortage together while reducing commute times and air pollution.”

Beginning August 7, local governments are prohibited from enacting and enforcing housing growth restrictions that limit housing development to a certain number of building permits or approvals without a transparent process and fair consideration of a proposal’s merits. Under HB23-1255, local governments are not required to accept any specific developments or projects, but they can’t reject a proposal simply due to an arbitrary growth cap.

“The increasing threat of wildfires has left many homeowners with less insurance coverage than they need, but with our new law, home owners will have more options for additional coverage they can afford,” said Rep. Judy Amabile, D-Boulder, sponsor of HB23-1174. “Coloradans will be able to purchase a plan that provides the peace of mind that their home is appropriately insured in the event of a wildfire disaster.”

“Homeowners in my community have faced devastating and costly damage from wildfires that can feel impossible to build back from,” said Rep. Kyle Brown, D-Louisville, sponsor of HB23-1174. “With our new law going into effect soon, Colorado homeowners will be able to purchase coverage that meets their needs and protects them from future wildfire damage.”

Starting August 7, HB23-1174, also sponsored by Republican Senator Mark Baisley, requires home insurance companies to offer a variety of extended coverages to protect consumers, covering the cost of repair or replacement for a damaged or destroyed structure. If a homeowner wants additional coverage, the insurer must offer coverage for extended replacement, law and ordinance, and inflation protection. It also extends the length of time in which an insurer would have to notify a homeowner of a cancellation or refusal to renew a homeowner’s policy from 30 days to 60 days.

Representative Judy Amabile passed similar legislation in the 2022 Legislative Session in response to the Marshall Fire that destroyed over 1,000 homes in Boulder County. The law ensured that homeowners received fair compensation for the loss of their property and streamlined the insurance claims process for underinsured disaster victims.

“These two new bipartisan laws that take effect today are the next step forward in our continued and multi-faceted commitment to addressing the housing crisis in Colorado,” said Senator Dylan Roberts, D-Avon, sponsor of HB23-1174 and HB23-1287. “The bolstered insurance protections offered by HB 1174 will help protect vulnerable Coloradans and allow people to insure their homes, businesses, and property against potential disasters like wildfires. And with HB23-1287, we’re strengthening protections for local residents in rural resort communities to help curb the unintended impacts of short-term rentals on our communities.”

“Short-term rentals offer important benefits to our mountain communities and support tourism, but it’s clear they have impacts on the liveability of our towns,” said Speaker Julie McCluskie, D-Dillon, sponsor of HB23-1287. “By strengthening transparency and compliance with local regulations of short-term rentals, we can live in neighborhoods that work better for everyone.”

“Rural resort communities know firsthand the impact that short-term rentals have had on our neighborhoods and our housing market,” said Rep. Meghan Lukens, D-Steamboat Springs, sponsor of HB23-1287. “With the implementation of our new law, local governments will now be able to effectively regulate short-term rentals to protect owners, renters, and community members if a short-term rental violates local rules and regulations.”

A board of county commissioners already has the authority to regulate units that are rented or used for short-term stays. HB23-1287 clarifies the definition of a short-term rental and provides counties with the authority to work with digital platforms to accurately list compliant short-term rentals.

Beginning August 7, HB23-1287 gives counties the ability to require an owner of a property, or the owner’s agent, to include a rental license or permit in any listing for a short-term rental unit on a digital platform. If a county has regulations on short-term rentals, the county will be able to require a digital platform to remove any rental listing if the owner of the listing:
·        Has their local short-term rental license or permit suspended or revoked,
·        Has received a notice violation, or a similar legal process, for not holding a valid local short-term rental license or permit, or
·        Is not allowed to list their unit as a short-term rental due to county rules.

New Laws to Protect Workers from Harassment and Discrimination, Improve Equity in Colorado’s Justice System Go Into Effect

New laws include updates to the POWR Act, alternative sentencing options for pregnant people and admissibility standards for youth interrogations  

DENVER, CO – Three new laws aimed at improving equity in workplaces and Colorado’s justice system take effect on August 7.

“SB23-172 provides long overdue modifications to Colorado’s law that will improve accountability measures, create safer workspaces and allow workers to fight back against harassment and discrimination,” said Assistant Majority Leader Jennifer Bacon, D-Denver, sponsor of SB23-172, HB23-1187, and HB23-1042. “Another new law I championed allows alternative sentencing options for pregnant people so they can focus on their health, the health of their child, and keeping their families united. Lastly, we know children and teens are very susceptible to deceptive law enforcement tactics. In order to keep our kids from having permanent records for crimes they didn’t commit, we passed legislation to make juvenile statements inadmissible in court if law enforcement uses untruthful practices during interrogation. Together, these laws work to create a more just society we can all benefit from.”

“Every year, I work with my community to identify ways we can build a more just and equitable Colorado, and I fight hard to see those ideas become laws,” said Sen. Julie Gonzales, D-Denver, sponsor of SB23-172, HB23-1187, and HB23-1042. “There is more hard work ahead to ensure every single Coloradan is treated with dignity and respect, but today’s new laws bring us closer to our goal of a Colorado for all. This year, we can be proud of our efforts to protect Colorado workers from discrimination and harassment of all types, our policy to ensure pregnant Coloradans navigating the justice system are able to care for their newborn while remaining part of their community, and our new law to reduce false confessions from kids and ensure law enforcement is keeping our communities safe by finding the correct perpetrator of crimes.”

“Colorado’s anti-discrimination laws needed to be revised to protect our workers, and this law does that and more to foster more equitable workspaces,” said Rep. Mike Weissman, D-Aurora, sponsor of SB23-172. "No one should have to suffer workplace harassment because it doesn't align with a nearly 40-year old legal standard. The POWR Act modernizes the definition of workplace harassment and discrimination, so we can hold wrongdoers accountable thus creating safer and more productive workplaces in the process. If you’re earning a living, you should be able to do so in a space that’s free from harassment or discrimination, and this legislation puts policies that protect workers first.”

“No Coloradan should face harassment or discrimination at the workplace, yet our state still lacks adequate policies to protect our workers and hold bad actors accountable,” said Sen. Faith Winter, D-Westminster, sponsor of SB23-172. “This new law takes an important step forward in deterring bad behavior and better supporting survivors. By improving accountability measures and enhancing equity in the workplace, we will ensure that every Colorado worker can feel safe and secure on the job.”

Beginning on August 7, the Protecting Opportunity & Workers’ Rights (POWR) Act (SB23-172) will update the definition of harassment and specify that harassment does not need to be “severe or pervasive” to constitute a discriminatory or unfair practice. The law also deters future harassment by modernizing language around non-disclosure agreements, expanding protections for people with disabilities, and adding marital status as a protected class.

The “severe or pervasive” standard was established by the U.S. Supreme Court more than three decades ago and assumes that some harassment is tolerable as long as it is not “severe” and does not happen frequently. It allows employers to tolerate a level of groping, touching, crude sexual or racist comments, and other offensive behavior that creates a toxic work environment and leaves employees as targets for offensive behavior.

Eliminating the excessive “severe or pervasive” hostile work environment requirements and replacing them with clear standards for “harass” and “harassment” considers the totality of the circumstances, and allows survivors of discrimination and harassment to better pursue justice.

The POWR Act also removes language in the Colorado Anti-Discrimination Act that permitted employers to discriminate against people with disabilities or refuse to accommodate them if “the disability has a significant impact on the job." Additionally, it establishes an affirmative defense for an employer if the employer meets certain requirements, including establishing a harassment prevention program and taking prompt action in response to a complaint.

“The stress of navigating the criminal justice system on top of a pregnancy can be overwhelming to future parents,” said Rep. Judy Amabile, D-Boulder, sponsor of HB23-1187. “This law establishes dignity and respect for pregnant people, allowing alternative sentencing opportunities that keep families united and have the potential to reduce recidivism.”

“As a mother I know firsthand how difficult it is to give birth - and adding the trauma of being separated from your newborn makes things even harder,” said Sen. Rhonda Fields, D-Aurora, sponsor of HB23-1187. “Keeping new families together will benefit both infants and parents while reducing the chances of future involvement in the justice system.”

Beginning August 7, HB23-1187 allows courts to consider alternative sentencing options for anyone who is pregnant or in the postpartum period. Alternative sentencing options would include bail, diversion, deferred judgment, deferred sentence, and stay of execution.

If a defendant is arrested or in custody at a county jail or correctional facility, the defendant may request a pregnancy test following admission to the county jail or correctional facility. Law enforcement would be required to provide the defendant with the pregnancy test within 24 hours after the request, and the request and results would be kept confidential.

“As a criminal defense attorney, I see families on their worst days and know innocent kids' extreme distress when they’re accused of committing a crime,” said Rep. Said Sharbini, D-Brighton, sponsor of HB23-1042. “Our law requires juvenile interrogations to be recorded, which means judges can determine if untruthful practices were used in a juvenile’s confession. Weeding out false confessions shifts the focus from innocent people that can help track down the perpetrator and keep our communities safer.”

HB23-1042 makes a juvenile’s statement inadmissible in court if a law enforcement official knowingly uses untruthful practices during a custodial interrogation, unless the prosecution can prove that the statement was made voluntarily despite the untruth. It requires an interrogation to be recorded and would allow a judge to use the recording to determine if the statement or admission is voluntary and admissible. While the law officially begins August 7, law enforcement departments have until February 2024 to complete officer training.