Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 22-0114.01 Conrad Imel x2313
SENATE BILL 22-018
Senate Committees House Committees
Judiciary Judiciary
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING EXPANDING TH E COURT REMINDER PROGRAM , AND, IN
101
CONNECTION THEREWITH , MAKING AN APPROPRIATION .102
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.
HOUSE
2nd Reading Unamended
April 29, 2022
SENATE
3rd Reading Unamended
March 21, 2022
SENATE
Amended 2nd Reading
March 18, 2022
SENATE SPONSORSHIP
Lee and Cooke, Bridges, Buckner, Donovan, Fenberg, Fields, Gonzales, Hansen, Kolker,
Moreno, Pettersen, Priola, Story, Winter
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. The bill requires every defendant to be automatically enrolled in
the program and allows a defendant to opt out of the program. The bill
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),4
(14)(f)(VI), and (14)(i)
as follows:5
13-3-101. State court administrator - report - definitions -6
repeal. (14) (a) (III) A phone number collected for the express purpose7
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
018-2- (IV) THE PROGRAM SHALL SEND REMINDERS TO THE BEST1
CONTACT INFORMATION AVAILABLE TO THE COURT . BEFORE SENDING2
REMINDERS FOR THE DEFENDANT 'S OR PARTICIPANT'S FIRST COURT3
APPEARANCE, THE PROGRAM SHALL MAKE ALL REASONABLE EFFORTS TO4
ENSURE THAT THE PROGRAM HAS THE SAME CONTACT INFORMATION5
AVAILABLE TO THE COURT, INCLUDING CONTACT INFORMATION PROVIDED6
BY A CRIMINAL DEFENDANT OR JUVENILE PARTICIPANT TO A LAW7
ENFORCEMENT AGENCY ON A SUMMONS OR BY ANY OTHER MEANS .8
(b) In administering the program, the state court administrator9
shall prioritize the use of text messages to remind criminal defendants and10
juvenile participants who have agreed to receive text messages and have11
the capacity to receive text messages at the mobile telephone number12
provided. The program must use text messages unless and until a more13
effective technological means of reminding defendants and juvenile14
participants becomes available. OF COURT DATES AND UNPLANNED COURT15
CLOSURES. A TEXT MESSAGE REMINDER MUST BE SENT TO THE BEST PHONE16
NUMBER AVAILABLE TO THE COURT . In addition, or when a defendant or17
juvenile participant is unable to receive text messages, the state court18
administrator, at his or her THE ADMINISTRATOR'S discretion, may also use19
other communication methods, including telephone, e-mail, or other20
internet-based technology, to remind defendants and juvenile participants21
of court dates and unplanned court closures.22
(c) The program must:23
(I) (A) Provide at least two text message THREE reminders for all24
court appearances,
INCLUDING THE FIRST COURT APPEARANCE , for25
criminal defendants and juvenile participants in an eligible court. with the
26
capacity to receive text messages and for whom the state court27
018
-3- administrator has a working mobile telephone number. ONE REMINDER1
MUST BE SENT THE DAY BEFORE THE COURT APPEARANCE . The reminders2
must include at least the date, location, and time of the court appearance3
and contact information for questions related to the court appearance.4
(B) N
OTWITHSTANDING THE REQUIREMENT IN SUBSECTION
5
(14)(c)(I)(A)
OF THIS SECTION, THE PROGRAM IS NOT REQUIRED TO SEND
6
MORE THAN TWO REMINDERS WITHIN SEVEN DAYS BEFORE A COURT7
APPEARANCE OR MORE THAN ONE REMINDER WITHIN FORTY -EIGHT HOURS8
BEFORE A COURT APPEARANCE .9
(I.5) F
OR COURT APPEARANCES THAT CAN BE ATTENDED10
VIRTUALLY, PROVIDE THE LINK TO THE VIRTUAL COURT APPEARANCE IN ,11
AT LEAST, THE FINAL REMINDER SENT BEFORE THE APPEARANCE ;12
(IV) Identify defendants and juvenile participants with upcoming13
court appearances who cannot be reached and, as resources allow, attempt14
to acquire current contact information; and
15
(V) Collect data concerning the number of criminal defendants16
and juvenile participants who fail to appear at their scheduled court17
appearances despite having been sent one or more reminders to a working18
telephone number;
AND19
(VI) C
OLLECT DATA CONCERNING THE NUMBER OF CRIMINAL20
DEFENDANTS AND JUVENILE PARTICIPANTS WHO OPT OUT OF THE PROGRAM21
AND, IF POSSIBLE, THEIR REASONS FOR OPTING OUT.22
(f) In its annual report to the committees of reference pursuant to23
section 2-7-203, the judicial department shall include information24
concerning the activities of the state court administrator pursuant to this25
subsection (14). To the extent practicable, the report must include:26
(III) The number of criminal defendants and juvenile participants27
018
-4- in each eligible court who were sent a reminder to a working telephone1
number from the program but who nonetheless failed to appear for a court2
hearing; and3
(V) T
HE NUMBER OF CRIMINAL DEFENDANTS AND JUVENILE4
PARTICIPANTS WHO OPT OUT OF THE PROGRAM , THE REASONS THEY5
ELECTED TO OPT OUT , AND RECOMMENDATIONS FOR CHANGES TO6
INCREASE PARTICIPATION IN THE PROGRAM AND REDUCE THE NUMBER OF7
CRIMINAL DEFENDANTS AND JUVENILE PARTICIPANTS WHO OPT OUT ; AND8
(VI) I
F, AT THE STATE COURT ADMINISTRATOR 'S DISCRETION, THE9
PROGRAM SENDS ANY REMINDERS BY COMMUNICATION METHODS OTHER10
THAN TEXT MESSAGE , THE NUMBER OF CRIMINAL DEFENDANTS AND11
JUVENILE PARTICIPANTS WHO WERE SENT A REMINDER OTHER THAN A12
TEXT MESSAGE REMINDER , THE COMMUNICATION METHOD USED , AND13
WHETHER THE DEFENDANTS OR PARTICIPANTS FAILED TO APPEAR AT THEIR14
SCHEDULED COURT APPEARANCE .15
(h) As used in this subsection (14), unless the context otherwise16
requires:17
(I) "C
RIMINAL DEFENDANT" INCLUDES A PERSON ALLEGED TO18
HAVE COMMITTED A TRAFFIC OFFENSE BUT DOES NOT INCLUDE A PERSON19
ALLEGED TO HAVE COMMITTED A TRAFFIC INFRACTION .20
(I)
(II) "Eligible court" means a district court, county court, or21
municipal court that uses the integrated Colorado online network that is22
the judicial department's case management system.23
(II) (III) "Juvenile participant" means a juvenile who has been24
alleged to have committed a delinquent act, as defined in section25
19-2.5-102,
OR A TRAFFIC OFFENSE, who is required to appear before an26
eligible court. "Juvenile participant" includes the juvenile's parent,27
018
-5- guardian, or legal custodian. "JUVENILE PARTICIPANT" DOES NOT INCLUDE1
A JUVENILE ALLEGED TO HAVE COMMITTED A TRAFFIC INFRACTION .2
(i) (I) T
HE STATE COURT ADMINISTRATOR SHALL CONVENE A
3
WORKING GROUP TO STUDY BEST PRACTICES IN COURT REMINDERS , ASSESS4
THE EFFECTIVENESS OF THE COURT REMINDER PROGRAM ESTABLISHED IN5
THIS SUBSECTION (14), AND RECOMMEND TO THE STATE COURT6
ADMINISTRATOR'S OFFICE ANY APPROPRIATE CHANGES TO THE COURT7
REMINDER PROGRAM. THE JUDICIAL DEPARTMENT SHALL PROVIDE STAFF8
SUPPORT NECESSARY FOR THE WORKING GROUP TO CARRY OUT ITS DUTIES .9
(II) T
HE WORKING GROUP CONSISTS OF THE STATE COURT
10
ADMINISTRATOR OR THE ADMINISTRATOR 'S DESIGNEE; A PUBLIC DEFENDER11
APPOINTED BY THE STATE PUBLIC DEFENDER ; A MEMBER OF A STATEWIDE12
ORGANIZATION OF PRETRIAL SERVICES ORGANIZATIONS , APPOINTED BY13
THE ORGANIZATION; THE EXECUTIVE DIRECTOR OF THE COLORADO14
DISTRICT ATTORNEYS' COUNCIL OR THE EXECUTIVE DIRECTOR'S DESIGNEE;15
AND ONE MEMBER , APPOINTED BY THE SPEAKER OF THE HOUSE OF16
REPRESENTATIVES, WHO REPRESENTS A COLORADO-BASED NONPROFIT17
ORGANIZATION WITH EXPERTISE IN PRETRIAL RELEASE AND COURT18
REMINDER PROGRAMS.19
(III) O
N OR BEFORE JULY 31, 2022, THE APPOINTING AUTHORITIES
20
SHALL MAKE APPOINTMENTS TO THE WORKING GROUP AND INFORM THE21
STATE COURT ADMINISTRATOR OF THE APPOINTMENTS .22
(IV) T
HE WORKING GROUP SHALL MEET QUARTERLY . THE STATE
23
COURT ADMINISTRATOR , OR THE ADMINISTRATOR 'S DESIGNEE, SHALL24
CONVENE THE FIRST WORKING GROUP MEETING NO LATER THAN25
S
EPTEMBER 30, 2022, AND SHALL CONVENE EACH MEETING OF THE
26
WORKING GROUP THEREAFTER .27
018
-6- (V) THE WORKING GROUP MAY REQUEST DATA AND INFORMATION1
FROM THE JUDICIAL DEPARTMENT ABOUT THE COURT REMINDER PROGRAM .2
(VI) I
N ITS ANNUAL REPORT TO THE COMMITTEES OF REFERENCE
3
PURSUANT TO SECTION 2-7-203, THE JUDICIAL DEPARTMENT SHALL4
PRESENT THE RECOMMENDATIONS MADE BY THE WORKING GROUP ,5
WHETHER THE RECOMMENDATIONS WERE IMPLEMENTED , AND THE6
RATIONALE FOR IMPLEMENTING OR REJECTING ANY RECOMMENDATION .7
(VII) T
HIS SUBSECTION (14)(i) IS REPEALED, EFFECTIVE JUNE 30,
8
2025.9
SECTION 2. In Colorado Revised Statutes, repeal 13-1-138 as10
follows:11
13-1-138. Notification of court reminder program. A court that12
participates in the court reminder program established in section 13-3-10113
(14)(a)(I) shall notify a criminal defendant or juvenile participant, as14
defined in section 13-3-101 (14), at each court appearance that the15
individual can elect to provide a mobile telephone number that will be16
used by the court solely to provide text message reminders for future17
court dates and unplanned court closures, and shall provide the18
opportunity for the individual to provide a mobile telephone number or19
update a mobile telephone number for that purpose.20
SECTION 3. In Colorado Revised Statutes, repeal 16-4-105.5 as21
follows:22
16-4-105.5. Notification of court reminder program. A person23
released on bond pursuant to this part 1 who is ordered to appear in a24
court that participates in the court reminder program established in25
section 13-3-101 (14)(a)(I), and any person otherwise ordered to appear26
in a court that participates in the program, must be notified that the person27
018
-7- can elect to provide a mobile telephone number that will be used by the1
court solely to provide text message reminders for future court dates and2
unplanned court closures and must be provided the opportunity to provide3
a mobile telephone number or update a mobile telephone number for that4
purpose.5
SECTION 4. In Colorado Revised Statutes, repeal 16-4-206 as6
follows:7
16-4-206. Notification of court reminder program. A person8
released on bond pursuant to this part 2 who is ordered to appear in a9
court that participates in the court reminder program established in10
section 13-3-101 (14)(a)(I), and any person otherwise ordered to appear11
in a court that participates in the program, must be notified that the person12
can elect to provide a mobile telephone number that will be used by the13
court solely to provide text message reminders for future court dates and14
unplanned court closures, and must be provided the opportunity to15
provide a mobile telephone number or update a mobile telephone number16
for that purpose.17
SECTION 5. In Colorado Revised Statutes, 16-5-206, repeal18
(2)(g) as follows:19
16-5-206. Summons in lieu of warrant. (2) If a summons is20
issued in lieu of a warrant under this section:21
(g) It shall advise the person summoned that the person can elect22
to provide a mobile telephone number that will solely be used to provide23
text message reminders of future court dates and unplanned court24
closures, and provide an opportunity for the person to provide a mobile25
telephone number for that purpose.26
SECTION 6. In Colorado Revised Statutes, 19-2.5-303, repeal27
018
-8- (5)(c) as follows:1
19-2.5-303. Duty of officer - screening teams - notification -2
release or detention. (5) (c) A law enforcement officer who serves a3
juvenile or a juvenile's parent, guardian, or legal custodian with a written4
promise to appear in a court that participates in the court reminder5
program established in section 13-3-101 (14)(a)(I) shall notify the person6
served that the juvenile and the juvenile's parent, guardian, or legal7
custodian can elect to provide a mobile telephone number that will be8
used by the court solely to provide text message reminders for future9
court dates and unplanned court closures and shall provide the10
opportunity for the juvenile and the juvenile's parent, guardian, or legal11
custodian to provide a mobile telephone number or update a mobile12
telephone number for that purpose.13
SECTION 7. In Colorado Revised Statutes, 19-2.5-501, repeal14
(11) as follows:15
19-2.5-501. Summons - issuance - contents - service -16
legislative declaration. (11) A person who serves a juvenile or a17
juvenile's parent, guardian, or legal custodian with a summons to appear18
in a court that participates in the court reminder program established in19
section 13-3-101 (14)(a)(I) shall notify the person served that the juvenile20
and the juvenile's parent, guardian, or legal custodian can elect to provide21
a mobile telephone number that will be used by the court solely to provide22
text message reminders for future court dates and unplanned court23
closures, and provide the opportunity for the juvenile and the juvenile's24
parent, guardian, or legal custodian to provide a mobile telephone number25
or update a mobile telephone number for that purpose.26
SECTION 8. In Colorado Revised Statutes, repeal 19-2.5-603 as27
018
-9- follows:1
19-2.5-603. Notification. A juvenile released pursuant to section2
19-2.5-306 and ordered to appear in a court that participates in the court3
reminder program established in section 13-3-101 (14)(a)(I), and the4
juvenile's parent, guardian, or legal custodian, must be notified that the5
juvenile and the juvenile's parent, guardian, or legal custodian can elect6
to provide a mobile telephone number that will be used by the court solely7
to provide text message reminders for future court dates and unplanned8
court closures. The juvenile and the juvenile's parent, guardian, or legal9
custodian must be provided the opportunity to provide a mobile telephone10
number or update a mobile telephone number for that purpose.11
SECTION 9. Appropriation. (9) For the 2022-23 state fiscal12
year, $74,713 is appropriated to the judicial department. This13
appropriation is from the general fund. To implement this act, the14
department may use this appropriation as follows:15
(a) $35,842 for general courts administration, which amount is16
based on an assumption that the department will require an additional 0.517
FTE;18
(b) $25,671 for trial court programs, which amount is based on an19
assumption that the department will require an additional 0.5 FTE; and20
(c) $13,200 for capital outlay.21
SECTION 10. Effective date. This act takes effect July 15, 2022;22
except that section 13-3-101 (14)(c)(I.5), Colorado Revised Statutes, as23
enacted in section 1 of this act, takes effect October 15, 2022.24
SECTION 11. Safety clause. The general assembly hereby finds,25
determines, and declares that this act is necessary for the immediate26
preservation of the public peace, health, or safety.27
018
-10-