2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 11.8 - MANAGEMENT OF DOMESTIC VIOLENCE OFFENDERS (§§ 16-11.8-101 — 16-11.8-104) › Section 16-11.8-103 - Domestic violence offender management board - creation - duties - repeal

(1)
There is created, in the department of public safety, the domestic violence offender management board consisting of nineteen members with recognizable expertise in the field of domestic violence offenders. The membership of the board consists of the following persons:
(a)
One member representing the judicial department appointed by the chief justice of the supreme court;
(b)
One member representing the department of corrections appointed by the executive director of such department;
(c)
One member representing the department of human services appointed by the executive director of such department;
(d)
One member representing the department of public safety, division of criminal justice, appointed by the executive director of such department;
(e)
One member representing the department of regulatory agencies who is appointed by the executive director of such department;
(f)
One member appointed by the chief justice of the supreme court who is a judge;
(g)
(I)
Five members appointed by the executive director of the department of public safety who are regulated pursuant to article
245
of title
12
and have experience in the field of domestic violence.
(II)
Of the five members appointed pursuant to this subsection (1)(g), at least three members must be mental health professionals licensed pursuant to article
245
of title
12
.
(III)
Of the five members appointed pursuant to this subsection (1)(g), at least three must be providers on the approved list pursuant to subsection (4)(a)(III)(C) of this section.
(IV)
Interested parties shall submit nominations for persons to serve as members appointed pursuant to this paragraph (g). The executive director shall appoint members under this paragraph (g) from the nominees submitted by the interested parties.
(h)
One member appointed by the executive director of the Colorado district attorney's council who represents the interests of prosecuting attorneys;
(i)
One member appointed by the Colorado state public defender who is a public defender;
(j)
One member appointed by the executive director of the department of public safety who is a representative of law enforcement;
(k)
Two members appointed by the executive director of the department of public safety who can represent domestic violence victims and victim organizations;
(l)
One member appointed by the executive director of the department of public safety who is from a rural area and is active in the local coordination of criminal justice and victim services advocacy for domestic violence;
(m)
One member appointed by the executive director of the department of public safety who is from an urban area and is active in the local coordination of criminal justice and victim services advocacy for domestic violence; and
(n)
One member appointed by the executive director of the department of public safety, after consultation with a statewide organization of criminal defense attorneys, who is a private criminal defense attorney.
(2)
The board shall elect a presiding officer for the board from among its members who serves at the pleasure of the board.
(3)
(a)
Any member of the board appointed pursuant to subsections (1)(a) to (1)(f) of this section serves a term of four years at the pleasure of the official who appointed the member.
(b)
Any member of the board appointed pursuant to subsections (1)(g) to (1)(m) of this section serves a term of four years.
(c)
No member shall serve more than eight consecutive years.
(d)
All members serve without compensation.
(4)
(a)
The board has the following duties:
(I)
Adopt and implement a standardized procedure for the treatment evaluation of domestic violence offenders. Such procedure shall provide for the evaluation and recommend behavior management, monitoring, and treatment and include a procedure for when a treatment provider recommends that an offender does not need treatment. The board shall develop and implement methods of intervention for domestic violence offenders that have as a priority the physical and psychological safety of victims and potential victims and that are appropriate to the needs of the particular offender, so long as there is no reduction in the level of safety of victims and potential victims.
(II)
Adopt and implement guidelines and standards for a system of programs for the treatment of domestic violence offenders that shall be utilized by offenders who have committed a crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, and who are placed on probation, placed on parole, or placed in community corrections or who receive a deferred judgment and sentence. The programs developed pursuant to this subparagraph (II) shall be as flexible as possible so that the programs may be utilized by each offender to prevent the offender from harming victims and potential victims. The programs shall be structured in such a manner that they provide a continuing monitoring process as well as a continuum of treatment programs for each offender as that offender proceeds through the criminal justice system and may include, but shall not be limited to, group counseling, individual counseling, outpatient treatment, or treatment in a therapeutic community. Also, the programs shall be developed in such a manner that, to the extent possible, the programs may be accessed by all offenders in the criminal justice system.
(III)
Develop an application and review process for treatment providers who provide services to domestic violence offenders pursuant to subsection (4)(a)(I) or (4)(a)(II) of this section. The standards must allow providers to demonstrate that they are in compliance with the standards adopted pursuant to subsections (4)(a)(I) and (4)(a)(II) of this section. The application and review process consists of the following parts:
(A)
The board shall develop separate application and review processes for standards that apply to the criminal justice component, such as criminal history record checks, for individual treatment providers and treatment programs. A local law enforcement agency or a third party approved by the Colorado bureau of investigation, for the purpose of obtaining a fingerprint-based criminal history record check, shall take the fingerprints of each applicant. If an approved third party takes the applicant's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. The applicant shall submit payment for the fingerprints and for the actual costs of the record check at the time the fingerprints are submitted to the Colorado bureau of investigation. Upon receipt of fingerprints and payment for costs, the Colorado bureau of investigation shall conduct a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation and shall forward the results of the criminal history record check to the board.
(B)
The board shall develop an application and review process for the verification of the qualifications and credentials of the treatment providers. The applications must be submitted to the board. The board is responsible for the implementation of this subsection (4)(a)(III)(B) of the application and review process. The board shall require that treatment providers complete mandatory continuing education courses in areas related to domestic violence.
(C)
After providers have met the criteria of both parts of the application and review process, the board shall publish at least annually a list of approved providers. The board shall forward the list to the office of the state court administrator, the department of public safety, the department of human services, and the department of corrections. The board shall update the list of approved providers and forward as changes are made.
(D)
The board shall perform compliance reviews on at least ten percent of the treatment providers every two years beginning no later than July 1, 2023.
(III.3)
Notwithstanding any action taken by the department of regulatory agencies against a treatment provider, the board may take independent action against a treatment provider including, but not limited to, removing a treatment provider from the approved provider list. The board may determine the requirements for a treatment provider's name to be placed on the list after the name has been removed from the list pursuant to this subsection (4)(a)(III.3).
(III.5)
Develop a treatment provider renewal process for the continued placement of a person on the approved provider list published pursuant to sub-subparagraph (C) of subparagraph (III) of this paragraph (a);
(IV)
Research and analyze the effectiveness of the treatment evaluation and treatment procedures and programs developed pursuant to this article 11.8. The board shall develop a data collection plan and require approved providers to begin data collection pursuant to the plan adopted by the board no later than January 1, 2023. The board shall also develop and prescribe a system for implementation of the guidelines and standards developed pursuant to subsections (4)(a)(I) and (4)(a)(II) of this section and for tracking offenders who have been evaluated and treated pursuant to this article 11.8. In addition, the board shall develop a system for monitoring offender behaviors and offender adherence to prescribed behavioral changes. The results of such tracking and behavioral monitoring shall be a part of any analysis made pursuant to this subsection (4)(a)(IV).
(b)
After the guidelines and standards required pursuant to subsections (4)(a)(I) and (4)(a)(II) of this section are adopted, the board shall refer any complaints or grievances against domestic violence offender treatment providers to the department of regulatory agencies for resolution. Notwithstanding any other law or administrative rule, the resolution of any complaint or grievance referred by the board pursuant to this subsection (4)(b) shall be based on such standards. All complaints and grievances shall be reviewed by the appropriate board pursuant to part 2 of article
245
of title
12
, whose decision shall be based on accepted community standards as described in subsections (4)(a)(I) and (4)(a)(II) of this section and the prohibited activities as defined in section
12-245-224(1)
. The department of regulatory agencies shall provide notice of the disciplinary action to the board.
(5)
The board and the individual members thereof shall be immune from any liability, whether civil or criminal, for the good faith performance of the duties of the board as specified in this section.
(5.5)
Notwithstanding section
24-1-136(11)(a)(I)
, on or before January 31, 2023, and on or before each January 31 thereafter, the board shall prepare and present a written report to the house of representatives judiciary committee and the senate judiciary committee, or their successor committees. The report must include:
(a)
The number of people who received domestic violence offender treatment in the preceding year, the number of those who successfully completed the treatment, the number of those who did not complete the treatment, and the number of those who reoffended and were removed from treatment;
(b)
The number of treatment providers who provided domestic violence offender treatment in the preceding year;
(c)
The number of treatment providers who applied to be placed on the list of approved treatment providers pursuant to subsection (4)(a)(III)(C) of this section and the number of treatment providers placed on the list;
(d)
The best practices for the treatment and management of domestic violence; and
(e)
Any other relevant information, including any board recommendations for legislation to carry out the purpose and duties of the board to protect the community.
(6)
Repealed.
(7)
(a)
This section is repealed, effective September 1, 2027.
(b)
Prior to said repeal, the domestic violence offender management board appointed pursuant to this section shall be reviewed as provided in section
24-34-104
, C.R.S.
Amended by 2022 Ch. 318,§1, eff. 8/10/2022.
Amended by 2019 Ch. 136,§86, eff. 10/1/2019.
Amended by 2017 Ch. 308,§1, eff. 8/9/2017.
L. 2000: Entire article added, p. 908, § 1, effective July 1. L. 2003: (1)(g)(III) amended, p. 1990, § 30, effective May 22. L. 2004: (4)(b)(III)(A) amended, p. 815, § 3, effective July 1. L. 2007: IP(1), (1)(l), and (1)(m) amended and (1)(n) added, p. 556, § 2, effective April 16. L. 2008: (4)(a), (4)(b), and (7) amended, p. 1723, § 2, effective June 2; (6) repealed, p. 1884, § 23, effective August 5. L. 2009: (7)(a) amended, (SB 09-292), ch. 1948, p. 1948, § 28, effective August 5. L. 2010: (1)(g)(III) and (4) amended, (HB 10-1422), ch. 2070, p. 2070, § 28, effective August 11. L. 2017: IP(1), (1)(g)(I), (1)(g)(II), (1)(g)(III), (1)(n), (2), (3), (4)(a)(I), (4)(a)(III), and (7)(a) amended, (SB 17-201), ch. 1667, p. 1667, § 1, effective August 9. L. 2019: (1)(g)(I), (1)(g)(II), and (4)(b) amended, (HB 19-1172), ch. 1672, p. 1672, § 86, effective October 1.
2022 Ch. 318, was passed without a safety clause. See Colo. Const. art. V, § 1(3).