SENATE
                       3rd Reading Unamended
                  February 24, 2012     SENATE
                Amended 2nd Reading
                     February 23, 2012Second Regular Session
              Sixty-eighth General Assembly
                    STATE OF COLORADO
                                                REENGROSSED
                       This Version Includes All Amendments
                       Adopted in the House of Introduction
 LLS NO. 12-0601.02 Jerry Barry x4341    SENATE BILL 12-122
                   SENATE SPONSORSHIP
 Williams S.,  Aguilar, Foster, Giron, Jahn, Newell, Nicholson, Steadman
 
                    HOUSE SPONSORSHIP
 DelGrosso, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning avoiding potential conflicts of interest in the
            provision of services to a person on probation.
       
       
                           Bill Summary
       
            (Note: This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            The bill clarifies that an entity that provides probation or case
       management oversight services to a defendant cannot also provide
       offender treatment, chemical dependency education and treatment, or
       domestic violence or mental health services to the same defendant or hold
       a financial interest in an entity that provides such education or treatment
       services to the same defendant.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 18-1.3-202, amend
       (2) as follows:
            18-1.3-202.  Probationary power of court. (2)  (a) The probation
       department in each judicial district may enter into agreements with any
       state agency or other public agency, any corporation, and any private
       agency or person to provide supervision or other services for defendants
       placed on probation by the court; except that a private probation
       supervision provider       that provides probation or case
       management oversight services for a defendant shall not have
       a financial interest in an entity that provides       offender
       treatment, chemical dependency education and treatment, or
       domestic violence or mental health services for that defendant.
            (b) For purposes of this subsection (2), "private probation
       supervision provider" means a nongovernmental agency,
       corporation, or person that has an agreement with a probation
       department to provide contract, probation, or case management
       services, and does not include community corrections,
       community mental health centers, or diversion services
       providers.
            (c)  Nothing in this subsection (2) shall be interpreted to
       prevent a probation department from contracting for substance
       abuse treatment.
            SECTION 2.  Act subject to petition - effective date. This act
       takes effect at 12:01 a.m. on the day following the expiration of the
       ninety-day period after final adjournment of the general assembly (August
       8, 2012, if adjournment sine die is on May 9, 2012); except that, if a
       referendum petition is filed pursuant to section 1 (3) of article V of the
       state constitution against this act or an item, section, or part of this act
       within such period, then the act, item, section, or part will not take effect
       unless approved by the people at the general election to be held in
       November 2012 and, in such case, will take effect on the date of the
       official declaration of the vote thereon by the governor.