There is hereby created in the state treasury a fund to be known as the community supervision supplemental fund, which shall consist of moneys appropriated by the general assembly. All moneys in the fund shall be subject to withdrawal by the department of corrections, the judicial department, or the department of public safety for the purpose of continuing community supervision, such as parole supervision, probation supervision, community corrections programs, or home electronic monitoring over offenders who would otherwise be removed to secure custody due to lack of resources. Such moneys may be withdrawn upon a request by the department of corrections, the judicial department, or the department of public safety which is made to the director of the office of state planning and budgeting. The director of the office of state planning and budgeting, in consultation with the joint budget committee, shall approve or disapprove the request made by each department and budget the amount of such request. Any withdrawal approved by the director of the office of state planning and budgeting shall be dispersed to the department making the request.
Source: L. 90: Entire section added, p. 944, � 13, effective June 7.
17-1-114.5. Incarceration of a person in custody with the capacity for pregnancy - report. (1) A correctional facility or private contract prison incarcerating a person who is capable of pregnancy shall:
(a) Train the facility's staff to ensure that a pregnant person receives safe and respectful treatment;
(b) Develop administrative policies to ensure a trauma-informed standard of care is integrated with current practices to promote the health and safety of a pregnant person;
(c) Provide each pregnant person, during the person's pregnancy and through the person's postpartum period, with access to:
(I) Perinatal health-care providers with perinatal experience; and
(II) Healthy foods and information on nutrition, recommended activity levels, safety measures, and supplies, including menstrual products as required in section 17-1-113.6, and breast pumps approved by the executive director or the executive director's designee;
(d) Provide counseling and treatment for pregnant people who have suffered from:
(I) A diagnosed behavioral, mental health, or substance use disorder;
(II) Trauma or violence, including domestic violence;
(III) Human immunodeficiency virus;
(IV) Sexual abuse;
(V) Pregnancy loss or infant loss; or
(VI) Chronic conditions;
(e) Provide evidence-based pregnancy and childbirth education, parenting support, and other relevant forms of health literacy;
(f) Develop administrative policies to identify and offer opportunities for postpartum persons to maintain contact with the person's newborn child to promote bonding, including enhanced visitation policies, access to prison nursery programs, and breastfeeding support, when appropriate;
(f.5) Develop administrative policies, including a system for human milk storage, to ensure a newborn can receive the human milk that the newborn's postpartum parent has pumped for the newborn's nourishment;
(g) In accordance with the requirements of the federal Health Insurance Portability and Accountability Act of 1996, as amended, Pub.L. 104-191, transfer health records to community providers if a pregnant person exits the criminal justice system during the person's pregnancy or during the person's postpartum period;
(h) Connect a person exiting the criminal justice system during the person's pregnancy or postpartum period to community-based resources, such as referrals to health-care providers, substance use disorder treatment, and social services that address social determinants of maternal health;
(i) Establish partnerships with local public entities, private community entities, community-based organizations, Indian tribes and tribal organizations as defined in the federal Indian Self-Determination and Education Assistance Act, 25 U.S.C. sec. 5304, as amended, or urban Indian organizations as defined in the federal Indian Health Care Improvement Act, 25 U.S.C. sec. 1603, as amended;
(j) Notwithstanding section 24-1-136 (11)(a)(I), by February 15, 2022, and by February 15 each year thereafter, report to the judiciary committees of the senate and house of representatives, or their successor committees, on the number of births by pregnant people who are in the custody of the facility, including the location of the births, that occurred in the prior calendar year;
(k) Regardless of the person's ability to pay, ensure access to an abortion, as defined in section 25-6-402, by providing a pregnant person with information about abortion providers, referrals to community-based providers of abortions, referrals to community-based organizations that help people pay for abortions, and transportation to access an abortion; and
(l) Ensure access to miscarriage management, including medication.
Source: L. 2021: Entire section added, (SB 21-193), ch. 433, p. 2860, � 4, effective September 7. L. 2023: (1)(i) amended, and (1)(k) and (1)(l) added, (SB 23-188), ch. 68, p. 247, � 14, effective April 14. L. 2024: (1)(f.5) added, (HB 24-1459), ch. 426, p. 2915, � 3, effective June 5.
Cross references: For the legislative declaration in SB 23-188, see section 1 of chapter 68, Session Laws of Colorado 2023.
17-1-115. Investigators employed by the department - notification to local law enforcement agencies. (Repealed)
Source: L. 92: Entire section added, p. 432, � 2, effective April 23. L. 99: Entire section repealed, p. 424, � 3, effective April 30.
17-1-115.2. Correctional law enforcement agencies to provide identification cards to retired peace officers upon request - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Law enforcement agency of the department means the department and any agency within the department that employs at least one peace officer.
(b) Peace officer means a certified peace officer described in section 16-2.5-102, C.R.S.
(c) Photographic identification means a photographic identification that satisfies the description at 18 U.S.C. sec. 926C (d).
(2) Except as described in subsection (3) of this section, on and after August 7, 2013, if a law enforcement agency of the department has a policy, on August 7, 2013, of issuing photographic identification to peace officers who have retired from the agency, and the agency discontinues said policy after August 7, 2013, the agency shall continue to provide such photographic identification to peace officers who have retired from the agency if:
(a) The peace officer requests the identification;
(b) The peace officer retired from the law enforcement agency before the date upon which the agency discontinued the policy; and
(c) The peace officer is a qualified retired law enforcement officer, as defined in 18 U.S.C. sec. 926C (c).
(3) Before issuing or renewing a photographic identification to a retired law enforcement officer pursuant to this section, a law enforcement agency of the state shall complete a criminal background check of the officer through a search of the national instant criminal background check system created by the federal Brady Handgun Violence Prevention Act (Pub.L. 103-159), the relevant portion of which is codified at 18 U.S.C. sec. 922 (t), and a search of the state integrated criminal justice information system. If the background check indicates that the officer is prohibited from possessing a firearm by state or federal law, the law enforcement agency shall not issue the photographic identification.
(4) A law enforcement agency of the department may charge a fee for issuing a photographic identification to a retired peace officer pursuant to subsection (2) of this section, which fee shall not exceed the direct and indirect costs assumed by the agency in issuing the photographic identification.
(5) Notwithstanding any provision of this section to the contrary, a law enforcement agency of the department shall not be required to issue a photographic identification to a particular peace officer if the chief administrative officer of the agency elects not to do so.
(6) If a law enforcement agency of the department denies a photographic identification to a retired peace officer who requests a photographic identification pursuant to this section, the law enforcement agency shall provide the retired peace officer a written statement setting forth the reason for the denial.
Source: L. 2013: Entire section added, (HB 13-1118), ch. 81, p. 262, � 6, effective August 7.