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HB 23-1268

signed

Private Treatment for Out-of-state Defendant

Plain-English Summary

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House Bill 23-1268, which has been signed into law and will take effect on August 7, 2023, allows people convicted of crimes in other states to receive substance use treatment, sex offender management services, or domestic violence services in Colorado. This includes both individuals who are supervised (like those on probation) and those who aren't required to be supervised but need the services. The bill requires these programs to help participants register with the necessary authorities and mandates background checks for all participants. It also updates how treatment requirements are handled when someone's supervision is transferred from another state to Colorado. This law affects anyone from out-of-state needing specific types of treatment while under supervision or not, in Colorado.

Official Summary

Colorado participates in an interstate compact that allows a person convicted of a crime in another state to have the person's probation or parole supervised in Colorado (supervised person) and allows a person convicted in another state who is not required to be supervised to complete the person's court-ordered treatment in Colorado (unsupervised person). The act clarifies the process for treating a supervised or unsupervised person into a private treatment program in Colorado for substance use treatment, sex offender management services, or domestic violence services (program). The act directs the program to assist supervised and unsupervised persons with registering with the interstate compact administrator. The department of corrections (department) is required to complete a criminal history records check of each supervised and unsupervised person to verify that the person is a supervised or unsupervised person. The act specifies requirements for programs when the participant is a supervised person. Current law subjects a program or supervised person to a misdemeanor for violating the provisions of the interstate compact. The act states that a violation may be reported to the program's appropriate licensing, certifying, or approving agency for potential corrective action. The act requires the department to periodically update the out-of-state offender questionnaire used by private treatment program providers. Current law requires a person serving a supervision sentence for a domestic violence-related offense to complete a treatment program that conforms with the standards of the domestic violence offender management board. The act directs a person whose supervision is transferred to another state pursuant to the interstate compact for the supervision of adult offenders to follow the requirements for a treatment program of the state where the person is being supervised. APPROVED by Governor May 20, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

Details

Chamber
House
First action
2023-05-20
Latest action
2023-03-29
Last action desc.
Introduced In House - Assigned to Public & Behavioral Health & Human Services
OpenStates
View source ↗

Sponsors

Related Legislation

This bill affects (27)

amends
HB 18-1375(2018A)· signed
Revisor's Bill
amends
SB 22-212(2022A)· signed
Revisor's Bill
amends
HB 17-1326(2017A)· signed
Justice Reinvestment Crime Prevention Initiative
amends
HB 17-1150(2017A)· signed
No Bail For Stalking And Domestic Violence Offenders
relates
HB 23-1043(2023A)· signed
Emergency And Continued Placement With Relative Or Kin
relates
HB 17-1035(2017A)· signed
Sex Assault And Stalking Victims May Break Leases
relates
SB 23-170(2023A)· signed
Extreme Risk Protection Order Petitions
relates
HB 22-1257(2022A)· signed
2022 Criminal And Juvenile Justice Commission Recommendations
relates
SB 17-024(2017A)· signed
Clarify Intellectual And Developmental Disabilities Hearsay Exception
relates
HB 17-1334(2017A)· failed
Registration Process Servers
relates
HB 18-1269(2018A)· signed
Parent Notice For Student Safety And Protection
relates
SB 22-099(2022A)· signed
Sealing Criminal Records
relates
HB 17-1210(2017A)· failed
School Discipline For Preschool Through 2nd Grade
relates
HB 18-1436(2018A)· signed
Extreme Risk Protection Orders
relates
HB 22-1295(2022A)· signed
Department Early Childhood And Universal Preschool Program
relates
HB 22-1160(2022A)· signed
Establishing Family Justice Centers
relates
SB 18-060(2018A)· signed
Protective Orders In Criminal Cases
relates
HB 17-1204(2017A)· signed
Juvenile Delinquency Record Expungement
relates
HB 17-1360(2017A)· signed
Allow Criminal Record Sealing Subsequent Offense
relates
SB 18-072(2018A)· signed
Record Sealing Menacing And Third Degree Assault
repeals
HB 22-1278(2022A)· signed
Behavioral Health Administration
repeals
SB 22-219(2022A)· signed
Regulate Dental Therapists
repeals
SB 22-053(2022A)· signed
Health Facility Visitation During Pandemic
repeals
SB 17-018(2017A)· signed
Statutory Revision Committee Senate Bill 16-146 Fix
repeals
SB 18-032(2018A)· signed
Title 12 Relocation
repeals
SB 17-223(2017A)· signed
Relocate Dead Human Bodies Title 12 Recodification
repeals
SB 17-242(2017A)· signed
Modernize Behavioral Health Terminology in Colorado Revised Statutes

Affected by (25)

amends
SB 23-167(2023A)· signed
Board Of Nursing Regulate Certified Midwives
amends
HB 25-1251(2025A)· signed
Parental Consent to Treatment of a Minor
relates
HB 24-1128(2024A)· signed
Enforcement of Federal Immigration Law
relates
HB 24-1350(2024A)· signed
Parental Responsibilities Proceedings Child Safety
relates
HB 24-1122(2024A)· signed
Protection Orders for Victims of Crimes
relates
SB 24-047(2024A)· signed
Prevention of Substance Use Disorders
relates
HB 23-1222(2023A)· signed
Cases Of Domestic Violence In Municipal Court
relates
HB 24-1101(2024A)· signed
Empower Victims through Access Restorative Justice
relates
HB 24-1291(2024A)· signed
Licensed Legal Paraprofessionals
relates
SB 24-120(2024A)· signed
Updates to the Crime Victim Compensation Act
relates
HB 24-1437(2024A)· signed
Prohibit Flat Fees for Defending Indigent Clients
relates
SB 25-047(2025A)· signed
Enforcement of Federal Immigration Law
relates
SB 25-062(2025A)· signed
Failure to Appear Charges in Municipal Court
relates
HB 25-1148(2025A)· signed
Criminal Protection Order & Protection Order Violation
relates
HB 25-1147(2025A)· signed
Fairness & Transparency in Municipal Court
relates
HB 25-1168(2025A)· signed
Housing Protections for Victim-Survivors
relates
HB 25-1291(2025A)· signed
Transportation Network Company Consumer Protection
relates
SB 25-190(2025A)· signed
Offender Release from Custody
relates
HB 26-1265(2026A)· signed
Law Enforcement National Electronic Tracing System & Share Program
relates
HB 26-1134(2026A)· signed
Fairness & Transparency in Municipal Court
relates
HB 26-1009(2026A)· signed
Colorado Mandatory Lethality Assessment Act
relates
HB 26-1309(2026A)· signed
Abuse in Cases of Separation
relates
HB 26-1424(2026A)· signed
Transportation Network Company Consumer Protection
relates
HB 23-1235(2023A)· signed
Technical Modification To Department Of Early Childhood
repeals
HB 26-1021(2026A)· failed
Second Amendment Protection Act

Votes

BILL
2023-05-03 · Senate · passYes: 35 · No: 0 · Other:
BILL
2023-04-14 · House · passYes: 60 · No: 4 · Other: