Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0114.01 Conrad Imel x2313
SENATE BILL 22-018
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING EXPANDING TH E COURT REMINDER PROGRAM .101
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 existing law, the court reminder program (program)
provides 2 text message reminders to criminal defendants and juveniles
who have been alleged to have committed a delinquent act (collectively,
"defendants") to appear at each of their scheduled court appearances. The
defendants must enroll in the program and provide a telephone number
specifically for the purposes of the program.
The bill requires every defendant to be automatically enrolled in
the program and allows a defendant to opt out of the program. The bill
SENATE SPONSORSHIP
Lee and Cooke,
HOUSE SPONSORSHIP
Benavidez and Soper,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. clarifies that defendants alleged to have committed traffic offenses are
enrolled in the program. The bill requires the program to use the best
contact information available to the courts. The bill requires the program
to provide at least 3 reminders, including one reminder the day before the
court appearance, and, for court appearances that can be attended
virtually, the final reminder must include a link to the virtual court
appearance. The program must send reminders by text message, but may
use another method if a defendant is unable to receive text messages.
The program is required to track the number of defendants that opt
out of the program and to implement or recommend changes to improve
participation. The judicial department is required to report information
regarding reminders sent by methods other than text message.
Because defendants are automatically enrolled in the program, the
bill repeals provisions related to notifying defendants of the opportunity
to enroll in the program.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 13-3-101, amend2
(14)(a)(III), (14)(b), (14)(c)(I), (14)(c)(IV), (14)(c)(V), (14)(f)(III), and3
(14)(h); and add (14)(a)(IV), (14)(c)(I.5), (14)(c)(VI), (14)(f)(V), and4
(14)(f)(VI) as follows:5
13-3-101. State court administrator - report - definitions -6
repeal. (14) (a) (III) A phone number collected for the express purpose
7
of administering the court reminder program pursuant to this section must8
be kept separate from other identifying information. Such phone number9
must only be used to achieve the statutory objective of the program as10
described in subsection (14)(a)(I) of this section and must not be used or11
shared by the judicial department for any other purpose. EACH COURT12
PARTICIPATING IN THE COURT REMINDER PROGRAM SHALL ENROLL EVERY13
CRIMINAL DEFENDANT AND JUVENILE PARTICIPANT IN THE PROGRAM . A14
CRIMINAL DEFENDANT OR JUVENILE PARTICIPANT MAY OPT OUT OF15
PARTICIPATING IN THE PROGRAM.16
(IV) T
HE PROGRAM SHALL SEND REMINDERS TO THE BEST17
SB22-018-2- CONTACT INFORMATION AVAILABLE TO THE COURT . BEFORE SENDING1
REMINDERS FOR THE DEFENDANT 'S OR PARTICIPANT'S FIRST COURT2
APPEARANCE, THE PROGRAM SHALL MAKE ALL REASONABLE EFFORTS TO3
ENSURE THAT THE PROGRAM HAS THE SAME CONTACT INFORMATION4
AVAILABLE TO THE COURT, INCLUDING CONTACT INFORMATION PROVIDED5
BY A CRIMINAL DEFENDANT OR JUVENILE PARTICIPANT TO A LAW6
ENFORCEMENT AGENCY ON A SUMMONS OR BY ANY OTHER MEANS .7
(b) In administering the program, the state court administrator8
shall prioritize the use of text messages to remind criminal defendants and9
juvenile participants who have agreed to receive text messages and have10
the capacity to receive text messages at the mobile telephone number11
provided. The program must use text messages unless and until a more12
effective technological means of reminding defendants and juvenile13
participants becomes available. OF COURT DATES AND UNPLANNED COURT14
CLOSURES. A TEXT MESSAGE REMINDER MUST BE SENT TO THE BEST PHONE15
NUMBER AVAILABLE TO THE COURT . In addition, or when a defendant or16
juvenile participant is unable to receive text messages, the state court17
administrator, at his or her THE ADMINISTRATOR'S discretion, may also use18
other communication methods, including telephone, e-mail, or other19
internet-based technology, to remind defendants and juvenile participants20
of court dates and unplanned court closures.21
(c) The program must:22
(I) Provide at least two text message THREE reminders for all court23
appearances,
INCLUDING THE FIRST COURT APPEARANCE , for criminal24
defendants and juvenile participants in an eligible court. with the capacity
25
to receive text messages and for whom the state court administrator has26
a working mobile telephone number. ONE REMINDER MUST BE SENT THE27
SB22-018
-3- DAY BEFORE THE COURT APPEARANCE . The reminders must include at1
least the date, location, and time of the court appearance and contact2
information for questions related to the court appearance.3
(I.5) F
OR COURT APPEARANCES THAT CAN BE ATTENDED4
VIRTUALLY, PROVIDE THE LINK TO THE VIRTUAL COURT APPEARANCE IN ,5
AT LEAST, THE FINAL REMINDER SENT BEFORE THE APPEARANCE ;6
(IV) Identify defendants and juvenile participants with upcoming7
court appearances who cannot be reached and, as resources allow, attempt8
to acquire current contact information; and
9
(V) Collect data concerning the number of criminal defendants10
and juvenile participants who fail to appear at their scheduled court11
appearances despite having been sent one or more reminders to a working12
telephone number;
AND13
(VI) C
OLLECT DATA CONCERNING THE NUMBER OF CRIMINAL14
DEFENDANTS AND JUVENILE PARTICIPANTS WHO OPT OUT OF THE PROGRAM15
AND, IF POSSIBLE, THEIR REASONS FOR OPTING OUT.16
(f) In its annual report to the committees of reference pursuant to17
section 2-7-203, the judicial department shall include information18
concerning the activities of the state court administrator pursuant to this19
subsection (14). To the extent practicable, the report must include:20
(III) The number of criminal defendants and juvenile participants21
in each eligible court who were sent a reminder to a working telephone22
number from the program but who nonetheless failed to appear for a court23
hearing; and
24
(V) T
HE NUMBER OF CRIMINAL DEFENDANTS AND JUVENILE25
PARTICIPANTS WHO OPT OUT OF THE PROGRAM , THE REASONS THEY26
ELECTED TO OPT OUT , AND RECOMMENDATIONS FOR CHANGES TO27
SB22-018
-4- INCREASE PARTICIPATION IN THE PROGRAM AND REDUCE THE NUMBER OF1
CRIMINAL DEFENDANTS AND JUVENILE PARTICIPANTS WHO OPT OUT ; AND2
(VI) I
F, AT THE STATE COURT ADMINISTRATOR 'S DISCRETION, THE3
PROGRAM SENDS ANY REMINDERS BY COMMUNICATION METHODS OTHER4
THAN TEXT MESSAGE , THE NUMBER OF CRIMINAL DEFENDANTS AND5
JUVENILE PARTICIPANTS WHO WERE SENT A REMINDER OTHER THAN A6
TEXT MESSAGE REMINDER , THE COMMUNICATION METHOD USED , AND7
WHETHER THE DEFENDANTS OR PARTICIPANTS FAILED TO APPEAR AT THEIR8
SCHEDULED COURT APPEARANCE .9
(h) As used in this subsection (14), unless the context otherwise10
requires:11
(I) "C
RIMINAL DEFENDANT" INCLUDES A PERSON ALLEGED TO12
HAVE COMMITTED A TRAFFIC OFFENSE BUT DOES NOT INCLUDE A PERSON13
ALLEGED TO HAVE COMMITTED A TRAFFIC INFRACTION .14
(I)
(II) "Eligible court" means a district court, county court, or15
municipal court that uses the integrated Colorado online network that is16
the judicial department's case management system.17
(II) (III) "Juvenile participant" means a juvenile who has been18
alleged to have committed a delinquent act, as defined in section19
19-2.5-102,
OR A TRAFFIC OFFENSE, who is required to appear before an20
eligible court. "Juvenile participant" includes the juvenile's parent,21
guardian, or legal custodian. "J
UVENILE PARTICIPANT" DOES NOT INCLUDE22
A JUVENILE ALLEGED TO HAVE COMMITTED A TRAFFIC INFRACTION .23
SECTION 2. In Colorado Revised Statutes, repeal 13-1-138 as24
follows:25
13-1-138. Notification of court reminder program. A court that
26
participates in the court reminder program established in section 13-3-10127
SB22-018
-5- (14)(a)(I) shall notify a criminal defendant or juvenile participant, as1
defined in section 13-3-101 (14), at each court appearance that the2
individual can elect to provide a mobile telephone number that will be3
used by the court solely to provide text message reminders for future4
court dates and unplanned court closures, and shall provide the5
opportunity for the individual to provide a mobile telephone number or6
update a mobile telephone number for that purpose.7
SECTION 3. In Colorado Revised Statutes, repeal 16-4-105.5 as8
follows:9
16-4-105.5. Notification of court reminder program. A person10
released on bond pursuant to this part 1 who is ordered to appear in a11
court that participates in the court reminder program established in12
section 13-3-101 (14)(a)(I), and any person otherwise ordered to appear13
in a court that participates in the program, must be notified that the person14
can elect to provide a mobile telephone number that will be used by the15
court solely to provide text message reminders for future court dates and16
unplanned court closures and must be provided the opportunity to provide17
a mobile telephone number or update a mobile telephone number for that18
purpose.19
SECTION 4. In Colorado Revised Statutes, repeal 16-4-206 as20
follows:21
16-4-206. Notification of court reminder program. A person22
released on bond pursuant to this part 2 who is ordered to appear in a23
court that participates in the court reminder program established in24
section 13-3-101 (14)(a)(I), and any person otherwise ordered to appear25
in a court that participates in the program, must be notified that the person26
can elect to provide a mobile telephone number that will be used by the27
SB22-018
-6- court solely to provide text message reminders for future court dates and1
unplanned court closures, and must be provided the opportunity to2
provide a mobile telephone number or update a mobile telephone number3
for that purpose.4
SECTION 5. In Colorado Revised Statutes, 16-5-206, repeal5
(2)(g) as follows:6
16-5-206. Summons in lieu of warrant. (2) If a summons is7
issued in lieu of a warrant under this section:8
(g) It shall advise the person summoned that the person can elect9
to provide a mobile telephone number that will solely be used to provide10
text message reminders of future court dates and unplanned court11
closures, and provide an opportunity for the person to provide a mobile12
telephone number for that purpose.13
SECTION 6. In Colorado Revised Statutes, 19-2.5-303, repeal14
(5)(c) as follows:15
19-2.5-303. Duty of officer - screening teams - notification -16
release or detention. (5) (c) A law enforcement officer who serves a17
juvenile or a juvenile's parent, guardian, or legal custodian with a written18
promise to appear in a court that participates in the court reminder19
program established in section 13-3-101 (14)(a)(I) shall notify the person20
served that the juvenile and the juvenile's parent, guardian, or legal21
custodian can elect to provide a mobile telephone number that will be22
used by the court solely to provide text message reminders for future23
court dates and unplanned court closures and shall provide the24
opportunity for the juvenile and the juvenile's parent, guardian, or legal25
custodian to provide a mobile telephone number or update a mobile26
telephone number for that purpose.27
SB22-018
-7- SECTION 7. In Colorado Revised Statutes, 19-2.5-501, repeal1
(11) as follows:2
19-2.5-501. Summons - issuance - contents - service -3
legislative declaration. (11) A person who serves a juvenile or a4
juvenile's parent, guardian, or legal custodian with a summons to appear5
in a court that participates in the court reminder program established in6
section 13-3-101 (14)(a)(I) shall notify the person served that the juvenile7
and the juvenile's parent, guardian, or legal custodian can elect to provide8
a mobile telephone number that will be used by the court solely to provide9
text message reminders for future court dates and unplanned court10
closures, and provide the opportunity for the juvenile and the juvenile's11
parent, guardian, or legal custodian to provide a mobile telephone number12
or update a mobile telephone number for that purpose.13
SECTION 8. In Colorado Revised Statutes, repeal 19-2.5-603 as14
follows:15
19-2.5-603. Notification. A juvenile released pursuant to section16
19-2.5-306 and ordered to appear in a court that participates in the court17
reminder program established in section 13-3-101 (14)(a)(I), and the18
juvenile's parent, guardian, or legal custodian, must be notified that the19
juvenile and the juvenile's parent, guardian, or legal custodian can elect20
to provide a mobile telephone number that will be used by the court solely21
to provide text message reminders for future court dates and unplanned22
court closures. The juvenile and the juvenile's parent, guardian, or legal23
custodian must be provided the opportunity to provide a mobile telephone24
number or update a mobile telephone number for that purpose.25
SECTION 9. Effective date. This act takes effect July 15, 2022;26
except that section 13-3-101 (14)(c)(I.5), Colorado Revised Statutes, as27
SB22-018
-8- enacted in section 1 of this act, takes effect October 15, 2022.1
SECTION 10. Safety clause. The general assembly hereby finds,2
determines, and declares that this act is necessary for the immediate3
preservation of the public peace, health, or safety.4
SB22-018
-9-