2016-2017 Regulatory Agenda Hilary Johnson/Policy Analyst November 1, 2016
Summary of Agency Rule Reviews (Regulatory Plan Progress) The Colorado Department of Corrections (DOC) began conducting rule reviews pursuant to Executive Order 2012-002. 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. 2015-16 Regulatory Agenda Summary of Progress The DOC made significant progress toward completing all regulatory goals outlined on the 2015-2016 Regulatory Agenda. Highlights of the DOC s achievements this past year include: NEW RULES 1600-04, Offenders Transferred to the Youthful Offender System This AR was created to align DOC policy with SB 15-182 which allowed for appropriate offenders to be transferred into and out of the Youthful Offender System. RULES MODIFIED DUE TO PREVIOUS STATUTORY CHANGES 250-76, Sure and Swift This AR was updated pursuant to SB 15-124 which expanded the immediate sanction of a short term jail stay for parole violators. 500-01, Offender Case Management This AR was updated to include provisions concerning earned time for certain offenders serving sentences as habitual offenders. 550-12, Earned Time This AR was updated to include requirements of HB15-1122 which delays parole hearings for offenders for receive rule violations or decline to participate in offered programming. 650-03, Restrictive Housing This AR was updated pursuant to C.R.S. 17-1-103 to provide guidelines for consistent privileges and conditions of confinement for all restrictive housing areas. 850-12, Telephone Regulations for Offenders This AR was updated to implement fiscal requirements of SB 15-195 regarding the offender telephone system. 800-06, Offender Marriage This AR was updated to align with HB 15-1327 concerning limitations of proxy marriage. 1150-07, Crime Scene Management and Criminal Evidence Handling This AR was updated to implement procedures for eyewitness lineups as required by HB15058. Additionally, this AR was updated to align DOC practice with SB 15-116 concerning needle stick prevention. 1450-01, Code of Conduct
This AR was updated to include requirements of HB15-1290 concerning police interference in incident recordings. Revisions also include requirements of C.R.S 24-18-204(2)(b), C.R.S. 24-18-105(5), C.R.S. 24-18-109(2)(c). 1450-08, DOC Employee Separations This AR was updated to reflect the provision of supplying retired peace officers with photographic identification as required by HB13-1118. 1450-34. Employee Assistance Program This AR was updated to include provisions of HB15-1055 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 300-06, Searches and Contraband Control It was determined this AR would not be the appropriate location to update the language. Instead AR 1150-07 Crime Scene Management and Criminal Evidence Handling was updated to align DOC practice with SB 15-116 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. 700-02, Medical Scope of Service This AR was reviewed in reference to HB 15-1029, HB 15-1185, HB 15-1032, and SB 15-197 and it was determined to be in compliance without additional changes. 700-04, Dental Scope of Service This AR was reviewed in reference to HB 15-1309 and it was determined to be in compliance without additional changes. 700-15, Pharmacy Services This AR was reviewed in reference to HB 15-1039 and it was determined to be in compliance without additional changes. 2016-2017 Colorado Department of Corrections Regulatory Agenda This Regulatory Agenda is submitted pursuant to the requirements of HB 12-1008 as codified in C.R.S. 2-7-203(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 16-180 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
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 1050-06, Live Work Projects for Career and Technical Education SB 16-099 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 2016 550-12, Earned Time SB 16-181 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 2017 1150-07, Crime Scene Management and Criminal Evidence Handling HB 16-1117 Recording Custodial Interrogations Update policy to require the recording of custodial interrogations and set records retention requirements for the recordings January 2017 700-15, Pharmacy Services HB 16-1152 DOC to Distribute Prepackaged Drugs This legislation codifies current practice of the DOC Pharmacy January 2017 DOC employees 700-19, Sex Offender Treatment and Monitoring Program HB 16-1215 Concerning the Sex Offender Management Board Reauthorization
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 2017 1450-05, Unlawful Discrimination/Discriminatory Harrassment SB 16-56 Broadening the State Whistleblower Protection Law Align policy with the requirements of whistleblower protection May 2017 DOC employees and public 1350-04, Open Records Requests SB 16-110 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 2017 700-03, Mental Health Scope of Service HB 16-1063 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 1150-14, Background Investigations HB 16-1262 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 1150-07, Background Investigations HB 16-1265 Concerning Expungement of Records Based on
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, 2016. Rick Raemisch Executive Director Colorado Department of Corrections