SENATE BILL 22-018
BY SENATOR(S) Lee and Cooke, Bridges, Buckner, Donovan, Fields,
Gonzales, Hansen, Kolker, Moreno, Pettersen, Priola, Story, Winter,
Fenberg;
also REPRESENTATIVE(S) Benavidez and Soper, Amabile, Bacon,
Bernett, Bird, Exum, Gonzales-Gutierrez, Herod, Hooton, Kipp, Lindsay,
Lontine, McCluskie, Michaelson Jenet, Ricks, Roberts, Sirota, Sullivan,
Titone, Valdez A., Weissman.
C
ONCERNING EXPANDING THE COURT REMINDER PROGRAM , AND, IN
CONNECTION THEREWITH
, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 13-3-101, amend
(14)(a)(III), (14)(b), (14)(c)(I), (14)(c)(IV), (14)(c)(V), (14)(f)(III), and
(14)(h); and add (14)(a)(IV), (14)(c)(I.5), (14)(c)(VI), (14)(f)(V),
(14)(f)(VI), and (14)(i) as follows:
13-3-101. State court administrator - report - definitions -
repeal. (14) (a) (III) A phone number collected for the express purpose of
administering the court reminder program pursuant to this section must be
kept separate from other identifying information. Such phone number must
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. only be used to achieve the statutory objective of the program as described
in subsection (14)(a)(I) of this section and must not be used or shared by the
judicial department for any other purpose. EACH COURT PARTICIPATING IN
THE COURT REMINDER PROGRAM SHALL ENROLL EVERY CRIMINAL
DEFENDANT AND JUVENILE PARTICIPANT IN THE PROGRAM
. A CRIMINAL
DEFENDANT OR JUVENILE PARTICIPANT MAY OPT OUT OF PARTICIPATING IN
THE PROGRAM
.
(IV) T
HE PROGRAM SHALL SEND REMINDERS TO THE BEST CONTACT
INFORMATION AVAILABLE TO THE COURT
. BEFORE SENDING REMINDERS FOR
THE DEFENDANT
'S OR PARTICIPANT'S FIRST COURT APPEARANCE , THE
PROGRAM SHALL MAKE ALL REASONABLE EFFORTS TO ENSURE THAT THE
PROGRAM HAS THE SAME CONTACT INFORMATION AVAILABLE TO THE COURT
,
INCLUDING CONTACT INFORMATION PROVIDED BY A CRIMINAL DEFENDANT
OR JUVENILE PARTICIPANT TO A LAW ENFORCEMENT AGENCY ON A SUMMONS
OR BY ANY OTHER MEANS
.
(b) In administering the program, the state court administrator shall
prioritize the
use of text messages to remind criminal defendants and
juvenile participants who have agreed to receive text messages and have the
capacity to receive text messages at the mobile telephone number provided.
The program must use text messages unless and until a more effective
technological means of reminding defendants and juvenile participants
becomes available. OF COURT DATES AND UNPLANNED COURT CLOSURES . A
TEXT MESSAGE REMINDER MUST BE SENT TO THE BEST PHONE NUMBER
AVAILABLE TO THE COURT
. In addition, or when a defendant or juvenile
participant is unable to receive text messages, the state court administrator,
at his or her
THE ADMINISTRATOR'S discretion, may also use other
communication methods, including telephone, e-mail, or other
internet-based technology, to remind defendants and juvenile participants
of court dates and unplanned court closures.
(c) The program must:
(I) (A) Provide at least two text message
THREE reminders for all
court appearances,
INCLUDING THE FIRST COURT APPEARANCE , for criminal
defendants and juvenile participants in an eligible court. with the capacityto receive text messages and for whom the state court administrator has a
working mobile telephone number. ONE REMINDER MUST BE SENT THE DAY
BEFORE THE COURT APPEARANCE
. The reminders must include at least the
PAGE 2-SENATE BILL 22-018 date, location, and time of the court appearance and contact information for
questions related to the court appearance.
(B) N
OTWITHSTANDING THE REQUIREMENT IN SUBSECTION
(14)(c)(I)(A) OF THIS SECTION, THE PROGRAM IS NOT REQUIRED TO SEND
MORE THAN TWO REMINDERS WITHIN SEVEN DAYS BEFORE A COURT
APPEARANCE OR MORE THAN ONE REMINDER WITHIN FORTY
-EIGHT HOURS
BEFORE A COURT APPEARANCE
.
(I.5) F
OR COURT APPEARANCES THAT CAN BE ATTENDED VIRTUALLY ,
PROVIDE THE LINK TO THE VIRTUAL COURT APPEARANCE IN , AT LEAST, THE
FINAL REMINDER SENT BEFORE THE APPEARANCE
;
(IV) Identify defendants and juvenile participants with upcoming
court appearances who cannot be reached and, as resources allow, attempt
to acquire current contact information; and
(V) Collect data concerning the number of criminal defendants and
juvenile participants who fail to appear at their scheduled court appearances
despite having been sent one or more reminders to a working telephone
number;
AND
(VI) COLLECT DATA CONCERNING THE NUMBER OF CRIMINAL
DEFENDANTS AND JUVENILE PARTICIPANTS WHO OPT OUT OF THE PROGRAM
AND
, IF POSSIBLE, THEIR REASONS FOR OPTING OUT.
(f) In its annual report to the committees of reference pursuant to
section 2-7-203, the judicial department shall include information
concerning the activities of the state court administrator pursuant to this
subsection (14). To the extent practicable, the report must include:
(III) The number of criminal defendants and juvenile participants in
each eligible court who were sent a reminder to a working telephone
number from the program but who nonetheless failed to appear for a court
hearing; and
(V) THE NUMBER OF CRIMINAL DEFENDANTS AND JUVENILE
PARTICIPANTS WHO OPT OUT OF THE PROGRAM
, THE REASONS THEY ELECTED
TO OPT OUT
, AND RECOMMENDATIONS FOR C HANGES TO INCREASE
PARTICIPATION IN THE PROGRAM AND REDUCE THE NUMBER OF CRIMINAL
PAGE 3-SENATE BILL 22-018 DEFENDANTS AND JUVENILE PARTICIPANTS WHO OPT OUT ; AND
(VI) IF, AT THE STATE COURT ADMINISTRATOR 'S DISCRETION, THE
PROGRAM SENDS ANY REMINDERS BY COMMUNICATION METHODS OTHER
THAN TEXT MESSAGE
, THE NUMBER OF CRIMINAL DEFENDANTS AND
JUVENILE PARTICIPANTS WHO WERE SENT A REMINDER OTHER THAN A TEXT
MESSAGE REMINDER
, THE COMMUNICATION METHOD USED , AND WHETHER
THE DEFENDANTS OR PARTICIPANTS FAILED TO APPEAR AT THEIR SCHEDULED
COURT APPEARANCE
.
(h) As used in this subsection (14), unless the context otherwise
requires:
(I) "C
RIMINAL DEFENDANT" INCLUDES A PERSON ALLEGED TO HAVE
COMMITTED A TRAFFIC OFFENSE BUT DOES NOT INCLUDE A PERSON ALLEGED
TO HAVE COMMITTED A TRAFFIC INFRACTION
.
(I)
(II) "Eligible court" means a district court, county court, or
municipal court that uses the integrated Colorado online network that is the
judicial department's case management system.
(II)
(III) "Juvenile participant" means a juvenile who has been
alleged to have committed a delinquent act, as defined in section
19-2.5-102,
OR A TRAFFIC OFFENSE, who is required to appear before an
eligible court. "Juvenile participant" includes the juvenile's parent, guardian,
or legal custodian. "J
UVENILE PARTICIPANT" DOES NOT INCLUDE A JUVENILE
ALLEGED TO HAVE COMMITTED A TRAFFIC INFRACTION
.
(i) (I) T
HE STATE COURT ADMINISTRATOR SHALL CONVENE A
WORKING GROUP TO STUDY BEST PRACTICES IN COURT REMINDERS
, ASSESS
THE EFFECTIVENESS OF THE COURT REMINDER PROGRAM ESTABLISHED IN
THIS SUBSECTION
(14), AND RECOMMEND TO THE STATE COURT
ADMINISTRATOR
'S OFFICE ANY APPROPRIATE CHANGES TO THE COURT
REMINDER PROGRAM
. THE JUDICIAL DEPARTMENT SHALL PROVIDE STAFF
SUPPORT NECESSARY FOR THE WORKING GROUP TO CARRY OUT ITS DUTIES
.
(II) T
HE WORKING GROUP CONSISTS OF THE STATE COURT
ADMINISTRATOR OR THE ADMINISTRATOR
'S DESIGNEE; A PUBLIC DEFENDER
APPOINTED BY THE STATE PUBLIC DEFENDER
; A MEMBER OF A STATEWIDE
ORGANIZATION OF PRETRIAL SERVICES ORGANIZATIONS
, APPOINTED BY THE
PAGE 4-SENATE BILL 22-018 ORGANIZATION; THE EXECUTIVE DIRECTOR OF THE COLORADO DISTRICT
ATTORNEYS
' COUNCIL OR THE EXECUTIVE DIRECTOR 'S DESIGNEE; AND ONE
MEMBER
, APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES ,
WHO REPRESENTS A COLORADO-BASED NONPROFIT ORGANIZATION WITH
EXPERTISE IN PRETRIAL RELEASE AND COURT REMINDER PROGRAMS
.
(III) O
N OR BEFORE JULY 31, 2022, THE APPOINTING AUTHORITIES
SHALL MAKE APPOINTMENTS TO THE WORKING GROUP AND INFORM THE
STATE COURT ADMINISTRATOR OF THE APPOINTMENTS
.
(IV) T
HE WORKING GROUP SHALL MEET QUARTERLY . THE STATE
COURT ADMINISTRATOR
, OR THE ADMINISTRATOR 'S DESIGNEE, SHALL
CONVENE THE FIRST WORKING GROUP MEETING NO LATER THAN
SEPTEMBER
30, 2022, AND SHALL CONVENE EACH M EETING OF THE WORKING GROUP
THEREAFTER
.
(V) T
HE WORKING GROUP MAY REQUEST DATA AND INFORMATION
FROM THE JUDICIAL DEPARTMENT ABOUT THE COURT REMINDER PROGRAM
.
(VI) I
N ITS ANNUAL REPORT TO TH E COMMITTEES OF REFERENCE
PURSUANT TO SECTION
2-7-203, THE JUDICIAL DEPARTMENT SHALL PRESENT
THE RECOMMENDATIONS MADE BY THE WORKING GROUP
, WHETHER THE
RECOMMENDATIONS WERE IMPLEMENTED
, AND THE RATIONALE FOR
IMPLEMENTING OR REJECTING ANY RECOMMENDATION
.
(VII) T
HIS SUBSECTION (14)(i) IS REPEALED, EFFECTIVE JUNE 30,
2025.
SECTION 2. In Colorado Revised Statutes, repeal 13-1-138 as
follows:
13-1-138. Notification of court reminder program. A court that
participates in the court reminder program established in section 13-3-101
(14)(a)(I) shall notify a criminal defendant or juvenile participant, as
defined in section 13-3-101 (14), at each court appearance that the
individual can elect to provide a mobile telephone number that will be used
by the court solely to provide text message reminders for future court dates
and unplanned court closures, and shall provide the opportunity for the
individual to provide a mobile telephone number or update a mobile
telephone number for that purpose.
PAGE 5-SENATE BILL 22-018 SECTION 3. In Colorado Revised Statutes, repeal 16-4-105.5 as
follows:
16-4-105.5. Notification of court reminder program. A person
released on bond pursuant to this part 1 who is ordered to appear in a court
that participates in the court reminder program established in section
13-3-101 (14)(a)(I), and any person otherwise ordered to appear in a court
that participates in the program, must be notified that the person can elect
to provide a mobile telephone number that will be used by the court solely
to provide text message reminders for future court dates and unplanned
court closures, and must be provided the opportunity to provide a mobile
telephone number or update a mobile telephone number for that purpose.
SECTION 4. In Colorado Revised Statutes, repeal 16-4-206 as
follows:
16-4-206. Notification of court reminder program. A person
released on bond pursuant to this part 2 who is ordered to appear in a court
that participates in the court reminder program established in section
13-3-101 (14)(a)(I), and any person otherwise ordered to appear in a court
that participates in the program, must be notified that the person can elect
to provide a mobile telephone number that will be used by the court solely
to provide text message reminders for future court dates and unplanned
court closures, and must be provided the opportunity to provide a mobile
telephone number or update a mobile telephone number for that purpose.
SECTION 5. In Colorado Revised Statutes, 16-5-206, repeal (2)(g)
as follows:
16-5-206. Summons in lieu of warrant. (2) If a summons is issued
in lieu of a warrant under this section:
(g) It shall advise the person summoned that the person can elect to
provide a mobile telephone number that will solely be used to provide text
message reminders of future court dates and unplanned court closures, and
provide an opportunity for the person to provide a mobile telephone number
for that purpose.
SECTION 6. In Colorado Revised Statutes, 19-2.5-303, repeal
(5)(c) as follows:
PAGE 6-SENATE BILL 22-018 19-2.5-303. Duty of officer - screening teams - notification -
release or detention. (5) (c) A law enforcement officer who serves a
juvenile or a juvenile's parent, guardian, or legal custodian with a written
promise to appear in a court that participates in the court reminder program
established in section 13-3-101 (14)(a)(I) shall notify the person served that
the juvenile and the juvenile's parent, guardian, or legal custodian can elect
to provide a mobile telephone number that will be used by the court solely
to provide text message reminders for future court dates and unplanned
court closures and shall provide the opportunity for the juvenile and the
juvenile's parent, guardian, or legal custodian to provide a mobile telephone
number or update a mobile telephone number for that purpose.
SECTION 7. In Colorado Revised Statutes, 19-2.5-501, repeal (11)
as follows:
19-2.5-501. Summons - issuance - contents - service - legislative
declaration. (11) A person who serves a juvenile or a juvenile's parent,
guardian, or legal custodian with a summons to appear in a court that
participates in the court reminder program established in section 13-3-101
(14)(a)(I) shall notify the person served that the juvenile and the juvenile's
parent, guardian, or legal custodian can elect to provide a mobile telephone
number that will be used by the court solely to provide text message
reminders for future court dates and unplanned court closures, and provide
the opportunity for the juvenile and the juvenile's parent, guardian, or legal
custodian to provide a mobile telephone number or update a mobile
telephone number for that purpose.
SECTION 8. In Colorado Revised Statutes, repeal 19-2.5-603 as
follows:
19-2.5-603. Notification. A juvenile released pursuant to section
19-2.5-306 and ordered to appear in a court that participates in the court
reminder program established in section 13-3-101 (14)(a)(I), and the
juvenile's parent, guardian, or legal custodian, must be notified that the
juvenile and the juvenile's parent, guardian, or legal custodian can elect to
provide a mobile telephone number that will be used by the court solely to
provide text message reminders for future court dates and unplanned court
closures. The juvenile and the juvenile's parent, guardian, or legal custodian
must be provided the opportunity to provide a mobile telephone number or
update a mobile telephone number for that purpose.
PAGE 7-SENATE BILL 22-018 SECTION 9. Appropriation. (9) For the 2022-23 state fiscal year,
$74,713 is appropriated to the judicial department. This appropriation is
from the general fund. To implement this act, the department may use this
appropriation as follows:
(a) $35,842 for general courts administration, which amount is
based on an assumption that the department will require an additional 0.5
FTE;
(b) $25,671 for trial court programs, which amount is based on an
assumption that the department will require an additional 0.5 FTE; and
(c) $13,200 for capital outlay.
SECTION 10. Effective date. This act takes effect July 15, 2022;
except that section 13-3-101 (14)(c)(I.5), Colorado Revised Statutes, as
enacted in section 1 of this act, takes effect October 15, 2022.
SECTION 11. Safety clause. The general assembly hereby finds,
PAGE 8-SENATE BILL 22-018 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Alec Garnett
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 9-SENATE BILL 22-018