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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
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Sponsors

Votes

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