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Second Regular Session
Sixty-first General Assembly
LLS NO. 980828.01D MN
HOUSE BILL 981382
STATE OF COLORADO
BY REPRESENTATIVE Hefley;
also SENATOR Coffman.
A BILL FOR AN ACT
CONCERNING TESTING FOR CONTROLLED SUBSTANCES OF PARTICIPANTS
IN THE COLORADO WORKS PROGRAM.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Requires that, if a county department of social services does not sanction a participant in the works program for nonparticipation in a work activity based upon a good cause determination and such determination is based upon use of a controlled substance, the county department of social services shall require such participant to take action toward rehabilitation, conduct random testing for controlled substances, and impose sanctions in the event that the participant tests positive on such tests or refuses to participate in such tests.
Allows the state department of human services to
allocate funds from the shortterm emergency works fund for
counties to pay for the costs of random testing for the use of
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 262708 (3), Colorado Revised Statutes, is amended to read:
262708. Benefits assessment individual responsibility contract screening for domestic violence. (3) The IRC shall contain provisions in bold print at the beginning of the document that notify the participant of the following:
(a) That no individual is legally entitled to any form of assistance under the Colorado works program;
(b) That the IRC is a contract that contains
terms and conditions governing the participant's receipt of assistance
under the Colorado works program and that nothing in such contract
may be deemed to create a legal entitlement to assistance under
the Colorado works program;
(c) That the participant's failure to comply with the terms and conditions of the IRC may result in sanctions, including but not limited to the termination of any cash assistance; AND
(d) FOR A COUNTY THAT HAS ELECTED TO IMPLEMENT A WORKS DRUG ABUSE CONTROL PROGRAM DESCRIBED IN SECTION 262711 (5) (c), THAT, IF A PARTICIPANT IS NOT SANCTIONED FOR NONPARTICIPATION IN A WORK ACTIVITY BASED UPON A DETERMINATION OF GOOD CAUSE AND SUCH GOOD CAUSE IS BASED UPON THE PARTICIPANT'S USE OF A CONTROLLED SUBSTANCE, SUCH PARTICIPANT SHALL TAKE ACTION TOWARD REHABILITATION CONSISTENT WITH THE RECOMMENDATIONS OF THE ASSESSMENT PURSUANT TO SECTION 262711 (5) (c). SUCH REHABILITATION PLAN MAY INCLUDE RANDOM DRUG TESTING, DRUG TREATMENT, OR OTHER REHABILITATION ACTIVITIES. THE PARTICIPANT MAY BE SUBJECT TO ANY SANCTIONS FOR NONPARTICIPATION IN A WORK ACTIVITY IF THE PARTICIPANT FAILS TO MEET THE REQUIREMENTS OF THE REHABILITATION PLAN; EXCEPT, HOWEVER, A PARTICIPANT MAY NOT BE SANCTIONED FOR FAILING TO MEET THE REQUIREMENTS OF THE REHABILITATION PLAN IF SERVICES REQUIRED UNDER SUCH PLAN ARE NOT AVAILABLE OR IF THE COSTS OF THE SERVICES ARE PROHIBITIVE.
SECTION 2. 262711 (5), Colorado Revised Statutes, is amended to read:
262711. Works program sanctions against participants. (5) (a) A person shall not be required to participate in work activities if good cause exists as determined by the county.
(b) Good cause does not constitute an exemption from work or time limits. Good cause is, however, a proper basis for not imposing a sanction for nonparticipation in a work activity, SUBJECT TO THE PROVISIONS OF PARAGRAPH (c) OF THIS SUBSECTION (5).
(c) A COUNTY MAY ELECT TO IMPLEMENT THE WORKS DRUG ABUSE CONTROL PROGRAM PURSUANT TO THE PROVISIONS OF THIS PARAGRAPH (c). IF A COUNTY SO ELECTS AND IF A COUNTY DEPARTMENT DETERMINES THAT A PARTICIPANT SHALL NOT BE SANCTIONED FOR NONPARTICIPATION IN A WORK ACTIVITY BASED UPON A DETERMINATION OF GOOD CAUSE, AND IF SUCH GOOD CAUSE DETERMINATION IS BASED IN WHOLE OR IN PART UPON A REPRESENTATION BY THE PARTICIPANT THAT THE PARTICIPANT IS USING CONTROLLED SUBSTANCES OR A FINDING BY THE COUNTY DEPARTMENT, PURSUANT TO AN ASSESSMENT BY A CERTIFIED DRUG TREATMENT PROVIDER, THAT THE PARTICIPANT IS OR MAY BE USING CONTROLLED SUBSTANCES, THE COUNTY DEPARTMENT SHALL:
(I) REQUIRE THE PARTICIPANT TO FOLLOW A REHABILITATION PLAN, BASED UPON THE ASSESSMENT AND DEVELOPED BY A CERTIFIED DRUG TREATMENT PROVIDER, INCLUDING BUT NOT LIMITED TO, PARTICIPATION IN A DRUG TREATMENT PROGRAM AS A CONDITION OF CONTINUED RECEIPT OF ASSISTANCE UNDER THE WORKS PROGRAM. THIS DOES NOT CREATE AN ENTITLEMENT TO REHABILITATION SERVICES OR PAYMENT FOR SUCH SERVICES.
(II) IF REQUIRED BY THE REHABILITATION PLAN, CONDUCT RANDOM TESTING ON SUCH PARTICIPANT TO DETERMINE IF HE OR SHE IS REMAINING FREE OF CONTROLLED SUBSTANCES; AND
(III) IMPOSE ANY APPLICABLE SANCTIONS FOR NONPARTICIPATION IN A WORK ACTIVITY ON SUCH PARTICIPANT IN THE EVENT THAT HE OR SHE FAILS TO FOLLOW THE REHABILITATION PLAN OR TESTS POSITIVE ON A RANDOM TEST IF CONDUCTED PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH (c) OR REFUSES TO PARTICIPATE IN A RANDOM TEST IF CONDUCTED PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH (c); EXCEPT, HOWEVER, A PARTICIPANT MAY NOT BE SANCTIONED FOR FAILING TO MEET THE REQUIREMENTS OF THE REHABILITATION PLAN IF SERVICES REQUIRED UNDER SUCH PLAN INCLUDING TRANSPORTATION AND CHILD CARE ARE NOT AVAILABLE OR IF THE COSTS OF THE SERVICES ARE PROHIBITIVE.
(d) EACH COUNTY DEPARTMENT SHALL REPORT TO THE STATE DEPARTMENT IN THE MOST COSTEFFECTIVE MANNER POSSIBLE THE NUMBER OF GOOD CAUSE EXEMPTIONS FROM BEING SANCTIONED FOR NONPARTICIPATION IN A WORK ACTIVITY, GRANTED PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (5), THAT ARE BASED, IN WHOLE OR IN PART, UPON A REPRESENTATION BY THE PARTICIPANT OR A FINDING BY THE COUNTY DEPARTMENT THAT THE PARTICIPANT IS OR MAY BE USING CONTROLLED SUBSTANCES.
SECTION 3. 262716,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
262716. County duties appropriations penalties incentives. (8) A COUNTY MAY ADMINISTER A WORKS DRUG ABUSE CONTROL PROGRAM PURSUANT TO SECTION 262711 (5) (c).
SECTION 4. 262720 (2), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
262720. Shortterm works emergency fund. (2) The state department shall be authorized to allocate moneys in the shortterm works emergency fund:
(g) TO COUNTIES FOR THE ASSESSMENT OF PARTICIPANTS AND IMPLEMENTATION OF RANDOM TESTING FOR CONTROLLED SUBSTANCE USE PURSUANT TO SECTION 262711 (5) (c).
SECTION 5. No appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of this act.
SECTION 6. 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.