Senate Bill 25-190 Rerevised

A Bill for an Act

• Page 1, Line 101Concerning processes for offenders with health-service

• Page 1, Line 102needs release from custody.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

Under current law, a sheriff may allow an individual to choose to stay in jail overnight after release when extenuating circumstances exist. The bill states it is an extenuating circumstance to facilitate a connection to a service provider. If a defendant remains in jail overnight, the defendant must be released by 10 a.m. the next morning.

Under current law, there is a distinction for those who are 55 years of age or older, and for those under that age with certain medical conditions, for special needs parole. The bill changes that distinction. The bill makes an inmate eligible for special needs parole if the inmate is 55 years of age or older and suffers from a diagnosed severe cognitive impairment or serious impairment that limits the person's ability to function. The bill makes an inmate eligible for special needs parole if the inmate is under 55 years of age and suffers from a diagnosed severe cognitive impairment or serious impairment that limits the person's ability to function; has served at least 25% of the inmate's sentence, or 10 years imprisonment, whichever is shorter; and has not incurred a class I code of penal discipline violation within the 12 months before the date of the application for special needs parole. The bill makes a person eligible for special needs parole if the person has a condition such as advanced or metastatic cancer; end-stage renal disease; end-stage chronic obstructive pulmonary disorder; end-stage heart disease; end-stage liver disease; progressive neurodegenerative disease such as Huntington's disease, Parkinson's disease, and amyotrophic lateral sclerosis; intractable seizure disorder; severe dementia; or Alzheimer's disease. The bill provides that when a health-care provider who is providing care to the person makes a determination that the person's medical condition meets the standard for special needs parole, then a referral must be made to the parole board.

The department of corrections is required to include in each contract with a licensed health-care provider involved in providing patient care to an inmate a requirement that the provider screen each patient for eligibility for special needs parole.

The bill requires legislative council staff to conduct a study of options for releasing aging and seriously ill offenders from secure custody to appropriate care or placing offenders in alternative programs that can better provide the offender's needed medical care.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 16-4-102, amend (2)(b)(I) as follows:

• Page 2, Line 316-4-102.  Right to bail - before conviction. (2) (b) (I)  A judge,

• Page 2, Line 4judicial officer, or bond hearing officer shall not require a monetary bond

• Page 2, Line 5to be paid in the defendant's name. Bond may be paid, at a minimum, by

• Page 2, Line 6cash, money order, or cashier's check. If bond is paid by money order or

• Page 2, Line 7cashier's check, the money order or cashier's check may be payable to the

• Page 3, Line 1holding county. Before bond is posted, the sheriff shall provide the

• Page 3, Line 2defendant and surety, if any, a copy of the notice described in subsection

• Page 3, Line 3(2)(h)(I) of this section. When the bond is posted, the sheriff shall provide

• Page 3, Line 4the defendant and surety, if any, a copy of the bond paperwork and

• Page 3, Line 5information regarding the defendant's next court date. The individual

• Page 3, Line 6processing the bond shall certify, in writing, that the payor payer

• Page 3, Line 7received a copy of the bond paperwork, the notice described in subsection

• Page 3, Line 8(2)(h)(I) of this section, and information regarding the defendant's next

• Page 3, Line 9court date and shall place a copy of the certification in the defendant's

• Page 3, Line 10file. Notwithstanding the provisions of this section, a sheriff may allow

• Page 3, Line 11an individual to choose to stay in jail overnight after release when

• Page 3, Line 12extenuating circumstances exist, including inclement weather, lack of

• Page 3, Line 13transportation, or lack of shelter, or to facilitate a connection to a

• Page 3, Line 14service provider. If a defendant remains in jail overnight, the defendant must be released by 10 a.m. the next morning.

• Page 3, Line 15SECTION 2.  In Colorado Revised Statutes, 17-1-102, amend (6.7), (7.4), and (7.5); and add(1.1), (6.8), and (7.6) as follows:

• Page 3, Line 1617-1-102.  Definitions. As used in this title 17, unless the context otherwise requires:

• Page 3, Line 17(1.1)  "Activities of daily living" means basic self-care

• Page 3, Line 18activities, including, but not limited to, eating, bathing,

• Page 3, Line 19dressing, grooming, transferring from bed to chair, toileting,

• Page 3, Line 20taking medications, cleaning, using prison communications systems, and independent ambulation.

• Page 3, Line 21(6.7)  "Inmate liaison" means an inmate's family member or

• Page 3, Line 22attorney; a government agency; a public defender liaison, described

• Page 3, Line 23in section 21-1-104, to the department of corrections and the

• Page 4, Line 1state board of parole; or a representative from an organization with

• Page 4, Line 2experience in helping inmates apply for special needs parole, high-needs

• Page 4, Line 3prerelease planning, or reentry. The organization must be in good

• Page 4, Line 4standing with the Colorado secretary of state for the past twelve

• Page 4, Line 5consecutive months, and the organization's involvement must be at the

• Page 4, Line 6request of the inmate, or an inmate's family member or attorney should the inmate be unable to make the request.

• Page 4, Line 7(6.8)  "Licensed health-care provider" means a medical or

• Page 4, Line 8behavioral health-care provider licensed in this state who is

• Page 4, Line 9employed by or under contract with the department or a private

• Page 4, Line 10licensed health-care provider who is providing or recently has provided patient care to the inmate.

• Page 4, Line 11(7.4)  "Serious impairment that limits a person's ability to function"

• Page 4, Line 12means a medically diagnosed physical or mental condition that is chronic

• Page 4, Line 13and long term in nature and severely limits a person's ability to

• Page 4, Line 14independently perform essential day-to-day activities without daily

• Page 4, Line 15intervention, attention, or support from an inmate aide or professional

• Page 4, Line 16caregiver a medically diagnosed physical condition that is

• Page 4, Line 17chronic, severe, and long term in nature and that causes the

• Page 4, Line 18inmate to require assistance with two or more activities of daily

• Page 4, Line 19living on a daily and sustained basis. Such conditions include,

• Page 4, Line 20but are not limited to, advanced or metastatic cancer;

• Page 4, Line 21end-stage renal disease; end-stage chronic obstructive

• Page 4, Line 22pulmonary disorder; end-stage heart disease; end-stage liver

• Page 4, Line 23disease; progressive neurodegenerative disease such as

• Page 4, Line 24Huntington's disease, Parkinson's disease, and amyotrophic

• Page 4, Line 25lateral sclerosis; and intractable seizure disorder.

• Page 5, Line 1(7.5) (a)  "Special needs offender" means a person in the custody of the department:

• Page 5, Line 2(I)  Who is fifty-five years of age or older and has been diagnosed

• Page 5, Line 3by a licensed health-care provider who is employed by or under contract

• Page 5, Line 4with the department or by a private licensed health-care provider involved

• Page 5, Line 5in providing patient care to the inmate as suffering from a chronic

• Page 5, Line 6infirmity, illness, condition, disease, or behavioral or mental health

• Page 5, Line 7disorder that causes serious impairment that limits the person's ability to function;

• Page 5, Line 8(II)  Who, as determined by a licensed health-care provider who

• Page 5, Line 9is employed by or under contract with the department or by a private

• Page 5, Line 10licensed health-care provider involved in providing patient care to the

• Page 5, Line 11inmate, suffers from a chronic, permanent, terminal, or irreversible

• Page 5, Line 12physical illness, condition, disease, or a behavioral or mental health disorder that requires costly care or treatment and who is incapacitated;

• Page 5, Line 13(III)  Who is sixty-four years of age or older and has served at least

• Page 5, Line 14twenty years of the person's sentence and was not convicted of a class 1

• Page 5, Line 15or class 2 felony for a crime as defined in section 24-4.1-302 (1),

• Page 5, Line 16unlawful sexual behavior as defined in section 16-22-102 (9), a crime that

• Page 5, Line 17includes domestic violence as defined in section 18-6-800.3 (1), or stalking as described in section 18-3-602; or

• Page 5, Line 18(IV)  Who, as determined by a licensed health-care provider who

• Page 5, Line 19is employed by or under contract with the department or a competency

• Page 5, Line 20evaluator as defined in section 16-8.5-101 (3) and approved by the

• Page 5, Line 21department of human services, on the basis of available evidence, not

• Page 5, Line 22including evidence resulting from a refusal of the person to accept

• Page 5, Line 23treatment, is incompetent to proceed and does not have a substantial

• Page 6, Line 1probability of being restored to competency for the completion of any

• Page 6, Line 2sentence including a person who has been diagnosed with dementia that

• Page 6, Line 3renders the person incompetent to proceed. As used in this subsection

• Page 6, Line 4(7.5)(a)(IV), "competency" has the same meaning as "competent to

• Page 6, Line 5proceed", as defined in section 16-8.5-101 (5), and "incompetent to proceed" has the same meaning as defined in section 16-8.5-101 (12).

• Page 6, Line 6(b) (I)  Notwithstanding subsection (7.5)(a) of this section, "special needs offender" does not include a person who:

• Page 6, Line 7(A)  Was convicted of a class 1 felony and sentenced to life with

• Page 6, Line 8the possibility of parole and the offender has served fewer than twenty calendar years in a department of corrections facility for the offense;

• Page 6, Line 9(B)  Was convicted of a class 1 felony and sentenced to life without parole; or

• Page 6, Line 10(C)  Was convicted of a class 2 felony crime of violence as

• Page 6, Line 11described in section 18-1.3-406 and the offender has served fewer than ten calendar years in a department of corrections facility for the offense.

• Page 6, Line 12(II)  This subsection (7.5)(b) does not apply to an inmate who has

• Page 6, Line 13been diagnosed as having a terminal illness with an anticipated life

• Page 6, Line 14expectancy of twelve months or less by a licensed health-care provider

• Page 6, Line 15who is employed by or under contract with the department or by a private

• Page 6, Line 16licensed health-care provider involved in providing patient care to the

• Page 6, Line 17inmate. "Severe cognitive impairment" means a substantial

• Page 6, Line 18disorder of cognitive ability or mental illness that is chronic,

• Page 6, Line 19severe, and long term in nature that results in marked

• Page 6, Line 20functional disability, significantly interfering with adaptive

• Page 6, Line 21behavior and causing an inmate to require assistance with two

• Page 6, Line 22or more activities of daily living on a daily and sustained basis.

• Page 7, Line 1Such conditions include, but are not limited to, dementia

• Page 7, Line 2diseases and related disabilities, as defined in section 25-1-502,and Alzheimer's disease.

• Page 7, Line 3(7.6) (a)  "Special needs offender" means an inmate in the custody of the department:

• Page 7, Line 4(I)  Who has been diagnosed by a licensed health-care

• Page 7, Line 5provider as suffering serious impairment that limits the person's ability to function and:

• Page 7, Line 6(A)  Is fifty-five years of age or older; or

• Page 7, Line 7 (B)  Is under fifty-five years of age; has not incurred a

• Page 7, Line 8class I code of penal discipline violation within twelve months

• Page 7, Line 9before the date of the application for special needs parole; and

• Page 7, Line 10has served at least twenty-five percent of the imposed sentence,

• Page 7, Line 11including any earned time awarded, if the inmate is eligible for

• Page 7, Line 12parole after serving fifty percent of the imposed sentence

• Page 7, Line 13pursuant to section 17-22.5-403 (1); has served at least

• Page 7, Line 14thirty-five percent of the imposed sentence, including any

• Page 7, Line 15earned time awarded, if the inmate is eligible for parole after

• Page 7, Line 16serving seventy-five percent of the imposed sentence pursuant

• Page 7, Line 17to section 17-22.5-403 (2) and (2.5); has served at least forty

• Page 7, Line 18percent of the imposed sentence if the inmate is eligible for

• Page 7, Line 19parole after serving seventy-five percent of the imposed

• Page 7, Line 20sentence pursuant to section 17-22.5-403 (3) and (3.5); or has been

• Page 7, Line 21diagnosed by a licensed health-care provider as having a

• Page 7, Line 22terminal illness that is irreversible, unlikely to be cured, and likely to cause death.

• Page 7, Line 23(II)  Who has been determined by a licensed health-care provider as suffering from severe cognitive impairment and:

• Page 8, Line 1(A)  Is fifty-five years of age or older; or

• Page 8, Line 2(B)  Is under fifty-five years of age; has not incurred a

• Page 8, Line 3class I code of penal discipline violation within twelve months

• Page 8, Line 4before the date of the application for special needs parole; and

• Page 8, Line 5has served at least twenty-five percent of the imposed sentence,

• Page 8, Line 6including any earned time awarded, if the inmate is eligible for

• Page 8, Line 7parole after serving fifty percent of the imposed sentence

• Page 8, Line 8pursuant to section 17-22.5-403 (1); has served at least

• Page 8, Line 9thirty-five percent of the imposed sentence, including any

• Page 8, Line 10earned time awarded, if the inmate is eligible for parole after

• Page 8, Line 11serving seventy-five percent of the imposed sentence pursuant

• Page 8, Line 12to section 17-22.5-403 (2) and (2.5); has served at least forty

• Page 8, Line 13percent of the imposed sentence if the inmate is eligible for

• Page 8, Line 14parole after serving seventy-five percent of the imposed

• Page 8, Line 15sentence pursuant to section 17-22.5-403 (3) and (3.5); or has been

• Page 8, Line 16diagnosed by a licensed health-care provider as having a

• Page 8, Line 17terminal illness that is irreversible, unlikely to be cured, and likely to cause death.

• Page 8, Line 18(III)  Who is sixty-four years of age or older and has

• Page 8, Line 19served at least twenty years of the person's sentence and was

• Page 8, Line 20not convicted of a class 1 or class 2 felony for a crime as

• Page 8, Line 21defined in section 24-4.1-302 (1); unlawful sexual behavior, as

• Page 8, Line 22defined in section 16-22-102 (9); a crime that includes domestic

• Page 8, Line 23violence, as defined in section 18-6-800.3 (1); or stalking as described in section 18-3-602.

• Page 8, Line 24(b) (I)  Notwithstanding subsection (7.6)(a) of this section, "special needs offender" does not include an inmate who:

• Page 9, Line 1(A)  Was convicted of a class 1 felony and sentenced to

• Page 9, Line 2life imprisonment with the possibility of parole and the inmate

• Page 9, Line 3has served fewer than twenty calendar years in a department of corrections facility for the offense;

• Page 9, Line 4(B)  Was convicted of a class 1 felony and sentenced to life imprisonment without the possibility of parole; or

• Page 9, Line 5(C)  Was convicted of a class 2 felony crime of violence as

• Page 9, Line 6described in section 18-1.3-406 and the inmate has served fewer

• Page 9, Line 7than ten calendar years in a department of corrections facility for the offense.

• Page 9, Line 8 (II)  This subsection (7.6)(b) does not apply to an inmate

• Page 9, Line 9who has been diagnosed as having a terminal illness that is

• Page 9, Line 10irreversible, unlikely to be cured, and likely to cause death by a licensed health-care provider.

• Page 9, Line 11SECTION 3.  In Colorado Revised Statutes, 17-22.5-403.5,

• Page 9, Line 12amend (1) introductory portion, (3)(a) introductory portion, (3)(b)

• Page 9, Line 13introductory portion, (3)(b.5), (4)(a), (4)(b), and (4)(f); repeal (2); and add (3)(a)(III.5), (3)(b)(V), (9), and (10) as follows:

• Page 9, Line 1417-22.5-403.5.  Special needs parole. (1)  Notwithstanding any

• Page 9, Line 15provision of law to the contrary, a special needs offender, as defined in

• Page 9, Line 16section 17-1-102 (7.5)(a) section 17-1-102 (7.6), may be eligible for

• Page 9, Line 17parole prior to or after the offender's parole eligibility date pursuant to this section if:

• Page 9, Line 18(2)  This section shall apply to any inmate applying for parole on

• Page 9, Line 19or after July 1, 2001, regardless of when the inmate was sentenced. The

• Page 9, Line 20provisions of this section shall not affect the length of the parole period to which a special needs offender would otherwise be subject.

• Page 10, Line 1(3) (a)  The department is responsible for identifying inmates who

• Page 10, Line 2are special needs offenders. and Once a licensed health-care

• Page 10, Line 3provider determines, and documents in the patient's medical

• Page 10, Line 4record, that the inmate suffers from a serious impairment that

• Page 10, Line 5limits the inmate's ability to function, or a severe cognitive

• Page 10, Line 6impairment,the department shall submit a referral to the state board

• Page 10, Line 7of parole for all special needs offenders the inmate. A licensed

• Page 10, Line 8health-care provider is not liable to any person regarding a

• Page 10, Line 9determination whether an inmate has a serious impairment that

• Page 10, Line 10limits a person's ability to function or severe cognitive

• Page 10, Line 11impairment. If the inmate has been diagnosed by a licensed

• Page 10, Line 12health-care provider as suffering from a serious impairment

• Page 10, Line 13that limits the inmate's ability to function, or a severe cognitive

• Page 10, Line 14impairment, the department shall not set aside or disregard

• Page 10, Line 15that determination on the basis that an employee of the

• Page 10, Line 16department does not concur in that assessment. The department

• Page 10, Line 17shall not determine that an inmate does not have a serious

• Page 10, Line 18impairment that limits an inmate's ability to function based on

• Page 10, Line 19the department's ability to accommodate the inmate's physical

• Page 10, Line 20or mental impairment. The department shall submit a referral

• Page 10, Line 21to the state board of parole for all other special needs

• Page 10, Line 22offenders identified by the department. If notification to the district

• Page 10, Line 23attorney is required pursuant to subsection (3)(c)(II) of this section, the

• Page 10, Line 24inmate shall authorize the department to release the information described

• Page 10, Line 25in subsections (3)(b)(I) and (3)(b)(I.5) of this section to the district

• Page 10, Line 26attorney. An inmate or inmate liaison, if the inmate is unable to, may also

• Page 11, Line 1request that the department make a determination of whether an inmate

• Page 11, Line 2is eligible for special needs parole and the department shall make a

• Page 11, Line 3determination within thirty days after receiving the request. unless a

• Page 11, Line 4competency evaluation has been requested. The department, in

• Page 11, Line 5consultation with the state board of parole, shall develop any necessary policies and procedures regarding special needs parole to ensure that:

• Page 11, Line 6(III.5)  The department shares relevant and necessary

• Page 11, Line 7data and information with the public defender liaisons as

• Page 11, Line 8described in section 21-1-104 in order to allow the liaisons to effectively assist special needs parole applicants.

• Page 11, Line 9(b)  If an inmate meets the eligibility requirements pursuant to

• Page 11, Line 10section 17-1-102, the department shall submit a referral to the board that,

• Page 11, Line 11in addition to the requirements of section 17-22.5-404 (4)(a), shall include includes:

• Page 11, Line 12(V)  Any information, statements, letters, and documents

• Page 11, Line 13provided by the inmate liaison or by the public defender liaison

• Page 11, Line 14as described in section 21-1-104, if the public defender liaison

• Page 11, Line 15program is assisting the inmate. The parole board shall review and consider the submission by the public defender liaison.

• Page 11, Line 16(b.5)  The department shall provide a copy of the referral packet

• Page 11, Line 17submitted to the parole board to the inmate or inmate liaison and to the

• Page 11, Line 18public defender liaison as described in section 21-1-104, except

• Page 11, Line 19for the victim impact statement and response from the district attorney.

• Page 11, Line 20The inmate, or inmate liaison, or the public defender liaison as

• Page 11, Line 21described in section 21-1-104, has thirty calendar days to submit

• Page 11, Line 22additional health records or other relevant information not included in the

• Page 11, Line 23referral packet to the department for submission to the parole board prior to the parole board's decision.

• Page 12, Line 1(4) (a)  The state board of parole shall consider an inmate for

• Page 12, Line 2special needs parole upon referral by the department and shall consider

• Page 12, Line 3all of the information provided to the board pursuant to subsection (3) of this section and any victim impact statement.

• Page 12, Line 4(b)  The state board of parole shall make a determination of the

• Page 12, Line 5risk of reoffense that the inmate poses after considering the factors in

• Page 12, Line 6section 17-22.5-404 (4)(a), as well as the nature and severity of the

• Page 12, Line 7inmate's medical or physical condition, the age of the inmate, the ability

• Page 12, Line 8of the department to adequately provide necessary medical or behavioral

• Page 12, Line 9health treatment, the inmate's current and up-to-date risk and needs

• Page 12, Line 10assessment scores, the nature and severity of the offense for which the

• Page 12, Line 11inmate is currently incarcerated, the inmate's criminal history, the inmate's

• Page 12, Line 12institutional conduct, program and treatment participation, and other relevant risk and risk-reduction factors.

• Page 12, Line 13(f)  If, prior to or during any parole revocation hearing,

• Page 12, Line 14including hearings for offenders granted parole pursuant to

• Page 12, Line 15subsection (5) of this section, the department or any a member of the

• Page 12, Line 16parole board has a substantial and good-faith reason to believe that the

• Page 12, Line 17offender is incompetent to proceed, as defined in section 16-8.5-101 (12),

• Page 12, Line 18the parole board shall suspend all proceedings and notify the public

• Page 12, Line 19defender liaison described in section 21-1-104 (6). The office of state

• Page 12, Line 20public defender shall be appointed by the court to represent the inmate

• Page 12, Line 21and shall file a written motion with the trial court that imposed the

• Page 12, Line 22sentence to determine competency. The motion must contain a certificate

• Page 12, Line 23of counsel stating that the motion is based on a good-faith belief that the

• Page 12, Line 24inmate is incompetent to proceed. The motion must set forth the specific

• Page 13, Line 1facts that have formed the basis for the motion. The court shall seal the

• Page 13, Line 2motion. The court shall follow all the relevant procedures in article 8.5 of

• Page 13, Line 3title 16 regarding the determination of competency. The presence of the inmate is not required unless there is good cause shown.

• Page 13, Line 4(9)  The department shall include in each contract with a

• Page 13, Line 5licensed health-care provider involved in providing patient care

• Page 13, Line 6to an inmate a requirement that the provider screen each patient for eligibility for special needs parole.

• Page 13, Line 7(10)  This section does not require an inmate to seek an

• Page 13, Line 8outside medical opinion of impairment or second opinion of any kind.

• Page 13, Line 9SECTION 4.  In Colorado Revised Statutes, add 2-3-313 as follows:

• Page 13, Line 102-3-313. Legislative council staff - study correctional release

• Page 13, Line 11options for aging and seriously ill offenders. (1)  Legislative council

• Page 13, Line 12staff shall conduct a study of options for releasing aging and

• Page 13, Line 13seriously ill offenders from secure custody to appropriate care

• Page 13, Line 14or placing offenders in alternative programs that can better provide the offender's needed medical care.

• Page 13, Line 15(2)  The study must include, but is not limited to:

• Page 13, Line 16(a)  A review of the compassionate release or special needs

• Page 13, Line 17parole laws of other states, including a review of the federal compassionate release laws;

• Page 13, Line 18(b)  A description of placement programs in use in other

• Page 13, Line 19states that have been shown to be effective in addressing the

• Page 13, Line 20transition and placement of the aging and seriously ill offender

• Page 13, Line 21population, including a description of the funding sources used

• Page 14, Line 1to support the programs, which must include medicaid, medicare, social security, and any other governmental resources;

• Page 14, Line 2(c)  Identifying alternative facilities that are available

• Page 14, Line 3in Colorado to receive aging and seriously ill offenders,

• Page 14, Line 4including nursing homes and other community-based residential or non-residential programs;

• Page 14, Line 5(d)  A description of the ability of current or future

• Page 14, Line 6community corrections providers to develop placements and

• Page 14, Line 7programs to serve the aging and seriously ill offender

• Page 14, Line 8population, including whether the existing community

• Page 14, Line 9corrections programs have the ability to serve persons with disabilities in residential or nonresidential programs;

• Page 14, Line 10(e)  A description of the ability of the department to

• Page 14, Line 11access medicaid or other health-care funds for placements

• Page 14, Line 12outside of the department, the extent of the funding, and how

• Page 14, Line 13the funding could be increased by the placement of aging and seriously ill offenders in the community;

• Page 14, Line 14(f)  Identifying any statutory or other legal regulations

• Page 14, Line 15that create barriers to the implementation of community-based

• Page 14, Line 16programs for the placement and transition of aging and special needs offenders; and

• Page 14, Line 17(g)  Evaluate the feasibility of opening or retrofitting one

• Page 14, Line 18or more locations to be operated by the department of corrections as an elder-care facility for aging and ill inmates.

• Page 14, Line 19(3)  Legislative council staff shall prepare a report

• Page 14, Line 20summarizing the results of the study required by this section

• Page 14, Line 21before December 15, 2025, and shall submit the report to the

• Page 15, Line 1department, the joint budget committee, the legislative audit

• Page 15, Line 2committee, and the house of representatives judiciary committee

• Page 15, Line 3and the senate judiciary committee, or their successor committees.

• Page 15, Line 4SECTION 5.  Act subject to petition - effective date. This act

• Page 15, Line 5takes effect at 12:01 a.m. on the day following the expiration of the

• Page 15, Line 6ninety-day period after final adjournment of the general assembly; except

• Page 15, Line 7that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 15, Line 8of the state constitution against this act or an item, section, or part of this

• Page 15, Line 9act within such period, then the act, item, section, or part will not take

• Page 15, Line 10effect unless approved by the people at the general election to be held in

• Page 15, Line 11November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.