First Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 13-0890.01 Michael Dohr x4347   SENATE BILL 13-239
                   SENATE SPONSORSHIP
 Ulibarri, Guzman
 
                    HOUSE SPONSORSHIP
 Salazar, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 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. A private probation provider is prohibited
       from directing a probationer it supervises to a particular treatment
       provider.
            If a person reasonably believes that a private probation provider
       violated either of these prohibitions, the person may file a complaint with
       the provider's licensing authority. If the licensing authority finds a
       violation, it shall:
                 Issue a warning for a first violation;
                 Suspend the license for a second violation; and
                 Permanently revoke the license for a third violation.
            The bill requires a court that sentences a defendant to probation to 
       notify the defendant of these prohibitions and the remedy for a violation.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 18-1.3-202, amend
       (2); and add (3), (4), and (5) as follows:
            18-1.3-202.  Probationary power of court - definitions. (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. A private probation
       supervision provider that provides probation or case
       management oversight services for a defendant may 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.
            (3)  A private probation supervision provider may not
       direct a defendant it supervises to a particular treatment
       provider.
            (4)  If a person believes that a private probation
       supervision provider has violated the provisions of this section,
       the person may file a complaint with the licensing authority for
       the private probation supervision provider. If the licensing
       authority finds the provider violated this section, then it shall:
            (a)  Issue a warning for the first violation by the private
       probation supervision provider;
            (b)  Suspend the license for a period of time determined by
       the licensing authority for a second offense by the private
       probation supervision provider; and
            (c)  Permanently revoke the license for a third offense by
       the private probation supervision provider.
            (5)  When a defendant is sentenced to probation, the
       sentencing court shall notify the defendant of the provisions of
       this section.
            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
       7, 2013, if adjournment sine die is on May 8, 2013); 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 2014 and, in such case, will take effect on the date of the
       official declaration of the vote thereon by the governor.