NOTE: The governor signed this measure on 5/8/2015.
      
      
      HOUSE BILL 15-1131
      
      
      BY REPRESENTATIVE(S) Esgar and Lee, Becker K., Duran, Fields,
      Moreno, Primavera, Rosenthal, Vigil, Young, Ginal, Hamner, Kagan,
      Kraft-Tharp, Lebsock, Melton, Pettersen, Ryden, Saine, Tate, Williams,
      Hullinghorst;
      also SENATOR(S) Lambert, Baumgardner, Cooke, Grantham, Guzman,
      Hodge, Neville T., Newell, Scott, Steadman, Todd.
      
      
      Concerning the release of information related to critical
           incidents that occur in facilities operated by the division of
           youth corrections, and, in connection therewith, making an
           appropriation.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1. In Colorado Revised Statutes, 19-1-305, amend (1)
      introductory portion as follows:
      
           19-1-305.  Operation of juvenile facilities. (1)  Except as otherwise
      authorized by section sections 19-1-303 or 19-1-304 (8), all records
      prepared or obtained by the department of human services in the course of
      carrying out its duties pursuant to article 2 of this title shall be are
      confidential and privileged. Said records may be disclosed only:
      
           SECTION 2.  In Colorado Revised Statutes, 19-1-304, add (8) as
      follows:
      
           19-1-304.  Juvenile delinquency records - division of youth
      corrections critical incident information - definitions. (8)  Division of
      youth corrections critical incident information. (a)  For the purposes
      of this subsection (8), "critical incident" means any of the
      following:
      
           (I)  An intentional physical or sexual act of aggression
      that:
      
           (A)  Causes or attempts to cause serious bodily injury;
      
           (B)  Causes bodily injury that requires only first aid or
      lesser attention; or
      
           (C)  Causes no bodily injury;
      
           (II)  Unauthorized physical or sexual contact caused
      through recklessness or negligence, where physical or sexual
      harm was not intended; or
      
           (III)  An attempt to harm or gain power by blows or with
      weapons.
      
           (b)  The department of human services, the division of youth
      corrections, or any agency with relevant information shall
      release the following information related to any critical
      incident, or aggregate of critical incidents, that occurred in a
      facility operated by the division of youth corrections upon
      request, so long as the disclosing agency redacts any identifying
      information, any information concerning security procedures or
      protocols, and any information that would jeopardize the safety
      of the community, youth, or staff:
      
           (I)  The type of critical incident that occurred or a
      summary of types of critical incidents that have occurred within
      a given time frame;
      
           (II)  A summary of whether the number and types of critical
      incidents are increasing or decreasing in frequency and severity;
      
           (III)  On average, how many of the youth have been involved
      in multiple critical incidents and the average length of
      detainment;
      
           (IV)  A summary of responses to critical incidents by the
      facility involved, such as de-escalation or typical consequence
      imposed; and
      
           (V)  A summary of any critical incident that has occurred.
      
           (c)  The division of youth corrections, the department of
      human services, or any agency with relevant information related
      to a critical incident shall provide redacted records related to
      the critical incident, provided confidentiality is maintained, and
      may charge a fee in accordance with section 24-72-205, C.R.S.
      
           (d)  The division of youth corrections may release to the
      public information at any time to correct inaccurate information
      pertaining to the critical incident that was reported in the news
      media, so long as the release of information by the division
      protects the confidentiality of any youth involved; is not
      explicitly in conflict with federal law; is not contrary to the
      best interest of the child who is the subject of the report, or his
      or her siblings; is in the public's best interest; and is consistent
      with the federal "Child Abuse Prevention and Treatment
      Reauthorization Act of 2010", Pub.L. 111-320.
      
           (e)  Except as otherwise authorized by section 19-1-303, all
      records prepared or obtained by the department of human
      services in the course of carrying out its duties pursuant to
      article 2 of this title are confidential and privileged.
      
           SECTION 3.  Appropriation. (1)  For the 2015-16 state fiscal year,
      $14,404 is appropriated to the department of human services for use by the
      division of youth corrections. This appropriation is from the general fund
      and is based on an assumption that the division will require an additional
      0.3 FTE. To implement this act, the division may use this appropriation as
      follows:
      
           (a)  $14,119 for personal services related to administration, which
      amount is based on an assumption that the division will require an
      additional 0.3 FTE; and
      
           (b)  $285 for operating expenses related to administration.
      
           SECTION 4. Applicability. This act applies to critical incidents
      that occur on or after January 1, 2014.
      
           SECTION 5.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Dickey Lee Hullinghorst                Bill L. Cadman
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO