April 22, 2019

SB 13-239: Prohibiting Certain Conflicts of Interest in the Provision of Probation or Case Management Oversight Services

On Tuesday, March 26, 2013, Sen. Jessie Ulibarri introduced SB 13-239 – Concerning Avoiding Potential Conflicts of Interest in the Provision of Services to a Person on Probation. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill clarifies that an entity that provides probation or case management oversight services to a defendant cannot also provide offender treatment, chemical dependency education and treatment, or domestic violence or mental health services to the same defendant or hold a financial interest in an entity that provides such education or treatment services to the same defendant. A private probation provider is prohibited from directing a probationer it supervises to a particular treatment provider.

If a person reasonably believes that a private probation provider violated either of these prohibitions, the person may file a complaint with the provider’s licensing authority. If the licensing authority finds a violation, it shall:

  • Issue a warning for a first violation;
  • Suspend the license for a second violation; and
  • Permanently revoke the license for a third violation.

The bill requires a court that sentences a defendant to probation to notify the defendant of these prohibitions and the remedy for a violation. The bill was introduced on March 26 and is assigned to the Judiciary Committee.