Regulatory Agenda

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1 Regulatory Agenda Hilary Johnson/Policy Analyst November 1, 2016

2 Summary of Agency Rule Reviews (Regulatory Plan Progress) The Colorado Department of Corrections (DOC) began conducting rule reviews pursuant to Executive Order It is important to note that we review all of our rules annually, as required by American Correctional Association standards, and we use a rolling calendar system for these reviews Regulatory Agenda Summary of Progress The DOC made significant progress toward completing all regulatory goals outlined on the Regulatory Agenda. Highlights of the DOC s achievements this past year include: NEW RULES , Offenders Transferred to the Youthful Offender System This AR was created to align DOC policy with SB which allowed for appropriate offenders to be transferred into and out of the Youthful Offender System. RULES MODIFIED DUE TO PREVIOUS STATUTORY CHANGES , Sure and Swift This AR was updated pursuant to SB which expanded the immediate sanction of a short term jail stay for parole violators , Offender Case Management This AR was updated to include provisions concerning earned time for certain offenders serving sentences as habitual offenders , Earned Time This AR was updated to include requirements of HB which delays parole hearings for offenders for receive rule violations or decline to participate in offered programming , Restrictive Housing This AR was updated pursuant to C.R.S to provide guidelines for consistent privileges and conditions of confinement for all restrictive housing areas , Telephone Regulations for Offenders This AR was updated to implement fiscal requirements of SB regarding the offender telephone system , Offender Marriage This AR was updated to align with HB concerning limitations of proxy marriage , Crime Scene Management and Criminal Evidence Handling This AR was updated to implement procedures for eyewitness lineups as required by HB Additionally, this AR was updated to align DOC practice with SB concerning needle stick prevention , Code of Conduct

3 This AR was updated to include requirements of HB concerning police interference in incident recordings. Revisions also include requirements of C.R.S (2)(b), C.R.S (5), C.R.S (2)(c) , DOC Employee Separations This AR was updated to reflect the provision of supplying retired peace officers with photographic identification as required by HB Employee Assistance Program This AR was updated to include provisions of HB which allows those who are not state employees to access the employee assistance program for the benefit of state employees. RULES REVIEWED BUT UPDATES WERE NOT REQUIRED FOR STATUTORY CHANGES , Searches and Contraband Control It was determined this AR would not be the appropriate location to update the language. Instead AR Crime Scene Management and Criminal Evidence Handling was updated to align DOC practice with SB concerning needle stick prevention. 600-XX, Internal Facility Classification It has been determined this AR is not necessary at this time because of the upcoming implementation of the DeCorum electronic system , Medical Scope of Service This AR was reviewed in reference to HB , HB , HB , and SB and it was determined to be in compliance without additional changes , Dental Scope of Service This AR was reviewed in reference to HB and it was determined to be in compliance without additional changes , Pharmacy Services This AR was reviewed in reference to HB and it was determined to be in compliance without additional changes Colorado Department of Corrections Regulatory Agenda This Regulatory Agenda is submitted pursuant to the requirements of HB as codified in C.R.S (4). New Rules Proposed: Title of Proposed Rule Revision of Purpose of Proposed Schedule for Adoption of 650-XX, Juveniles Convicted as Adults Program SB To develop and implement a program for offenders who were sentenced to adult prison for a felony offense committed while the offender was less than 18. Expected Implementation: Program design August 2017 and

4 placement of offenders into the program by November 207 DOC employee, offenders, public Rules to be revised: Title of being Revised Revision of Purpose of Revised Title of being Revised Revision of Purpose of Revised Title of being Revised Revision of Purpose of Revised Title of being Revised Revision of Purpose of Revised Title of being Revised Revision of , Live Work Projects for Career and Technical Education SB Correctional Education Program Sale of Goods To codify current practices related to the sale of goods and services via the DOC s Division of Education November , Earned Time SB Concerning the Sentencing of Persons Convicted of Class I Felonies Committed while the Persons were Juveniles To update policy language to allow parole hearings to offenders who qualify and apply earned time as appropriate. February , Crime Scene Management and Criminal Evidence Handling HB Recording Custodial Interrogations Update policy to require the recording of custodial interrogations and set records retention requirements for the recordings January , Pharmacy Services HB DOC to Distribute Prepackaged Drugs This legislation codifies current practice of the DOC Pharmacy January 2017 DOC employees , Sex Offender Treatment and Monitoring Program HB Concerning the Sex Offender Management Board Reauthorization

5 Purpose of Revised Title of being Revised Revision of Purpose of Revised Title of being Revised Revision of Purpose of Revised Update AR language to provide offenders with a choice of at least two agencies staffed by approved providers June , Unlawful Discrimination/Discriminatory Harrassment SB Broadening the State Whistleblower Protection Law Align policy with the requirements of whistleblower protection May 2017 DOC employees and public , Open Records Requests SB Protecting the Privacy of Child Victims Align policy with the requirement to redact child victim identities in records releases May 2017 DOC employee and public Title of being Revised Revision of Purpose of Revised March , Mental Health Scope of Service HB Mental Health Disclosure School Safety Align policy to allow for mental health professionals to disclose confidential communications made by a client if school safety is at risk Title of being Revised Revision of Purpose of Revised Title of being Revised , Background Investigations HB Law Enforcement Background Check Employment Waiver Update policy to require potential candidates for employment to execute a waiver to allow previous law enforcement or security employers to disclose all files related to the applicant March 2017 DOC employee, potential employees, and public , Background Investigations HB Concerning Expungement of Records Based on

6 Revision of Purpose of Revised Mistake Identity Align policy to ensure that applicants who have been arrested due to mistaken identity are not required to disclose during the application process. March 2017 DOC employee and potential employees This Regulatory Agenda has been reviewed and approved by the executive director of the Colorado Department of Corrections on this 1 st day of November, Rick Raemisch Executive Director Colorado Department of Corrections

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