Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0091.01 Jane Ritter x4342
HOUSE BILL 24-1101
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING EMPOWERING VICT IMS BY ENHANCING ACCESS TO101
RESTORATIVE JUSTICE IN CRIMINAL CASES . 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
.)
The bill makes changes to increase access to restorative justice
practices (restorative justice) in Colorado, specifically by:
! Creating a victim-survivor right to participate in restorative
justice in the criminal and juvenile justice systems;
! Requiring that victim-survivors be informed of their
statutory right to restorative justice and how to exercise it;
HOUSE SPONSORSHIP
Mabrey and Snyder,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. ! Creating a victim-survivor right to request restorative
justice as an alternative to, or in addition to, prosecution;
! Establishing the victim-survivor's right to accept or decline
participation in restorative justice, and the right to change
that decision, at any stage in the proceedings;
! Creating a victim-survivor right to restorative justice with
trained facilitators who adhere to the Colorado restorative
justice coordinating council's code of conduct and
standards of training and practice, as amended;
! Requiring that, in cases of domestic violence or unlawful
sexual behavior, when a victim-survivor requests
restorative justice, the victim-survivor has a right to
restorative justice with a facilitator who has specialized
training and experience to address the issues specific to
those cases;
! Requiring that participation in restorative justice by a
responsible party is voluntary;
! Mandating that restorative justice is confidential and
information obtained through a restorative justice practice
must not be disclosed by any party to the practice without
the agreement of all parties involved;
! Requiring the state restorative justice coordinating council
to develop, on or before August 30, 2024, 2 standardized
forms to advise victim-survivors of their right to restorative
justice in criminal and juvenile cases and a confidentiality
agreement to use in restorative justice;
! Clarifying that the legal authority of a prosecutor to make
decisions about prosecution is preserved;
! Creating a funding source for restorative justice through
the offender services fund;
! Eliminating language in statute that prohibits the use of
restorative justice in cases involving domestic partner
violence, protective orders, stalking, and unlawful sexual
behavior;
! Requiring the department of corrections to accommodate
victim-survivor requests for victim-offender dialogues;
maintain an accountability letter bank for inmates to send
letters of accountability, apology, or remorse to
victim-survivors; inform victim-survivors of the
availability of such letters; and adopt policies requiring
adherence to the principles of victim empowerment; and
! Eliminating outdated language related to fees for
restorative justice in multiple statutes.
HB24-1101-2- Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add article 11.6 to2
title 16 as follows:3
ARTICLE 11.64
Restorative Justice in the Criminal Justice System5
16-11.6-101. Legislative declaration. (1) T
HE GENERAL6
ASSEMBLY FINDS AND DECLARES THAT :7
(a) E
MPOWERING VICTIM -SURVIVOR HEALING, PROMOTING8
OFFENDER ACCOUNTABILITY , AND REDUCING RECIDIVISM HELPS THE9
CRIMINAL JUSTICE SYSTEM MEET ITS FUNDAMENTAL GOAL OF ENSURING10
PUBLIC SAFETY. INCREASED VICTIM-SURVIVOR PARTICIPATION IN11
RESTORATIVE JUSTICE PRACTICES FURTHERS THIS GOAL .12
(b) V
ICTIM-SURVIVORS OF CRIME OFTEN EXPERIENCE13
LONG-LASTING TRAUMA ACCOMPANIED BY SEVERE PHYSICAL ,14
PSYCHOLOGICAL, EMOTIONAL, SOCIAL, AND ECONOMIC CONSEQUENCES ,15
MANY OF WHICH ARE NOT ADEQUATELY ADDRESSED BY THE ADVERSARIAL16
LEGAL SYSTEM;17
(c) I
NTERNATIONAL RESOLUTIONS , FEDERAL AND STATE LAWS ,18
AND PROFESSIONAL ORGANIZATIONS INCREASINGLY REC OGNIZE THAT19
VICTIM-SURVIVORS DESERVE THE OPPORTUNITY TO PARTICIPATE IN20
PROCESSES INCORPORATING RESTORATIVE JUSTICE PRINCIPLES AND21
PRACTICES TO REDRESS THE IMPACTS OF CRIME ;22
(d) T
HE UNITED NATIONS HAS ADOPTED FIVE RESOLUTIONS23
PERTAINING TO RESTORATIVE JUSTICE (1999, 2000, 2002, 2016, AND24
2018),
INCLUDING "BASIC PRINCIPLES ON THE USE OF RESTORATIVE25
J
USTICE PROGRAMS IN CRIMINAL MATTERS";26
(e) I
N 1997, THE UNITED STATES DEPARTMENT OF JUSTICE 'S27
HB24-1101
-3- NATIONAL INSTITUTE OF CORRECTIONS PROPOSED VICTIM -CENTERED1
RESTORATIVE JUSTICE PRINCIPLES FOCUSING ON THE NEED TO PROMOTE2
OFFENDER ACCOUNTABILITY AND COMMUNITY I NVOLVEMENT TO IMPROVE3
INDIVIDUAL AND PUBLIC SAFETY;4
(f) I
N 2022, THE REAUTHORIZATION OF THE FEDERAL "VIOLENCE5
A
GAINST WOMEN ACT", 42 U.S.C. SEC. 14043 ET SEQ., PROMOTED AND6
ENCOURAGED THE DEVELOPMENT AND IMPLEMENTATION OF RESTORATIVE7
JUSTICE PRACTICES TO IMPROVE THE CRIMINAL LEGAL RESPONSE AND8
SERVICES TO VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL9
ASSAULT, AND STALKING;10
(g) I
N 2020, THE AMERICAN BAR ASSOCIATION ADOPTED A11
RESOLUTION URGING PROSECUTORS , DEFENSE ATTORNEYS , JUDGES,12
PROBATION OFFICERS, PAROLE AUTHORITIES, LEGISLATIVE POLICYMAKERS,13
AND COMMUNITY PARTNER ORGANIZATIONS TO CONSIDER USING14
RESTORATIVE JUSTICE RESPONSES AS AN ALTERNATIVE OR ADJUNCT TO15
PROSECUTION IN APPROPRIATE CASES ; AND16
(h) I
N 1992, THE CITIZENS OF COLORADO ADOPTED A VICTIM 'S17
RIGHTS AMENDMENT TO THE STATE CONSTITUTION , SECTION 16a OF18
ARTICLE II, AND THE "VICTIM RIGHTS ACT", PART 3 OF ARTICLE 4.1 OF19
TITLE 24, JOINING THIRTY-THREE OTHER STATES IN ENACTING20
CONSTITUTIONAL PROVISIONS THAT RECOGNIZE AS A FOUNDATIONAL21
PRINCIPLE OF OUR CRIMINAL JUSTICE SYSTEM THAT VICTIM-SURVIVORS OF22
CRIMES HAVE THE RIGHT TO BE HEARD , INFORMED, AND PRESENT AT23
CRITICAL STAGES OF PROCEEDINGS, AND TO BE TREATED WITH FAIRNESS,24
RESPECT, AND DIGNITY.25
(2) T
HE GENERAL ASSEMBLY FURTHER FINDS THAT :26
(a) C
ASES INVOLVING SEXUAL ASSAULT AND DOMESTIC AND27
HB24-1101
-4- INTIMATE PARTNER VIOLENCE PRESENT UNIQUE AND COMPLEX ISSUES1
THAT THE CRIMINAL AND CIVIL LEGAL SYSTEMS OFTEN PROVE2
INADEQUATE TO ADDRESS;3
(b) I
N 2020, FORTY-SIX STATE DOMESTIC VIOLENCE AND SEXUAL4
ASSAULT COALITIONS SIGNED THE "MOMENT OF TRUTH" POLICY5
STATEMENT THAT PROMOTES COMMUNITY -BASED PRACTICES THAT6
ENCOURAGE SAFETY, SUPPORT, ACCOUNTABILITY, AND HEALING AND7
CAUTIONS AGAINST INCREASED POLICING , PROSECUTION, AND8
IMPRISONMENT AS THE PRIMARY SOLUTION TO GENDER -BASED VIOLENCE;9
(c) A
CCORDING TO MULTIPLE VICTIM-SURVIVOR INTERVIEWS AND10
STUDIES, PARTICIPATION IN RESTORATIVE JUSTICE PRACTICES HAS BEEN11
DETERMINED TO SIGNIFICANTLY INCREASE A VICTIM -SURVIVOR'S12
SATISFACTION WITH THE CRIMINAL LEGAL SYSTEM , ENHANCE THE13
VICTIM-SURVIVOR'S FEELING OF SAFETY, AND CONTRIBUTE TO THE14
VICTIM-SURVIVOR'S HEALING;15
(d) B
Y ENGAGING DIRECTLY IN FACILITATED CONVERSATIONS WITH16
THE RESPONSIBLE PARTY DURING RESTORATIVE JUSTICE ,17
VICTIM-SURVIVORS REPORT FULFILLING THEIR DESIRE TO GET QUESTIONS18
ANSWERED, UNDERSTAND THE REASONS FOR THE CRIME , SHARE THEIR19
STORIES ABOUT THE INJURIOUS IMPACT OF THE CRIME ON THEM AND THEIR20
FAMILY, AND GAUGE THE ACCOUNTABILITY OF THE RESPONSIBLE PARTY ;21
(e) I
NTERVIEWS AND STUDIES HAVE FURTHER ESTABLISHED THAT22
RESTORATIVE JUSTICE PRACTICES CAN SATISFY A VICTIM -SURVIVOR'S23
DESIRE FOR PARTICIPATING IN SETTING CONSEQUENCES AND24
COMMUNICATING THE VICTIM -SURVIVOR'S NEEDS TO "MAKE THINGS25
RIGHT", ADDRESS UNDERLYING ISSUES THAT DECREASES THE LIKELIHOOD26
THAT THE RESPONSIBLE PARTY WILL RE -OFFEND OR RE-VICTIMIZE THE27
HB24-1101
-5- VICTIM-SURVIVOR OR SOMEONE ELSE , AND EMPOWER THE1
VICTIM-SURVIVOR TO REGAIN CONTROL OVER THE VICTIM -SURVIVOR'S2
LIFE;3
(f) N
UMEROUS STUDIES HAVE REPORTED THAT VICTIM -SURVIVORS4
WHO PARTICIPATED IN RESTORATIVE JUSTICE ARE HIGHLY SATISFIED WITH5
THE PROCESS, BELIEVE IT WAS FAIR, BELIEVE THAT JUSTICE WAS DONE,6
FEEL THAT THEY WERE LISTENED TO, AND HAVE A HEIGHTENED SENSE OF7
SAFETY WITH A DIMINISHED FEAR; AND8
(g) A
LTHOUGH RESTORATIVE JUSTICE PRACTICES ARE9
STATUTORILY AVAILABLE FOR MOST VICTIM -SURVIVORS OF CRIME IN10
C
OLORADO, MANY VICTIM-SURVIVORS ARE UNAWARE OF IT AND REQUESTS11
FOR ACCESS HAVE BEEN DENIED, RESULTING IN DISPROPORTIONATELY LOW12
PARTICIPATION. COLORADO VICTIM-SURVIVORS HAVE A RIGHT TO ELECT13
TO PARTICIPATE IN RESTORATIVE JUSTICE AND ARE BEING DEPRIVED OF14
THE OPPORTUNITY TO OBTAIN THE BENEFITS RESTORATIVE JUSTICE15
PROVIDES.16
(3) T
HEREFORE, IN ORDER TO EMPOWER, PROTECT, AND FURTHER17
THE HEALING, SATISFACTION, AND SAFETY OF VICTIM-SURVIVORS OF18
CRIME, THE GENERAL ASSEMBLY ACKNOWLEDGES AND PROMOTES THE19
INTEGRATION OF RESTORATIVE JUSTICE INTO THE CRIMINAL AND20
CHILDREN'S CODE AND SUPPORTS PROVIDING INCREASED ACCESS TO21
RESTORATIVE JUSTICE PRACTICES FOR VICTIM-SURVIVORS WHO REQUEST22
IT.23
16-11.6-102. Definitions. A
S USED IN THIS ARTICLE 11.6, AND FOR24
NO OTHER PURPOSE, INCLUDING THE EXPANSION OF THE RIGHTS OF ANY25
DEFENDANT:26
(1) "C
RIME" MEANS ANY FELONY OR MISDEMEANOR OFFENSE SET27
HB24-1101
-6- FORTH IN TITLE 18.1
(2) "L
AWFUL REPRESENTATIVE " MEANS ANY PERSON WHO IS2
DESIGNATED BY THE VICTIM-SURVIVOR OR APPOINTED BY THE COURT TO3
ACT IN THE BEST INTERESTS OF THE VICTIM-SURVIVOR.4
(3) "R
ESTORATIVE JUSTICE" AND "RESTORATIVE JUSTICE5
PRACTICES" HAVE THE SAME MEANINGS AS SET FORTH IN SECTIONS6
19-1-103,
19-2.5-102, AND 18-1-901.7
(4) "R
ESTORATIVE JUSTICE COUNCIL " MEANS THE STATE8
RESTORATIVE JUSTICE COORDINATING COUNCIL ESTABLISHED IN SECTION9
13-3-116.10
(5) "V
ICTIM-SURVIVOR" MEANS ANY NATURAL PERSON AGAINST11
WHOM ANY CRIME, AS DEFINED IN SUBSECTION (1) OF THIS SECTION, HAS12
BEEN PERPETRATED OR ATTEMPTED , UNLESS THE PERSON IS ACCOUNTABLE13
FOR THE CRIME, OR A CRIME ARISING FROM THE SAME CONDUCT OR PLAN ,14
OR, IF SUCH PERSON IS DECEASED OR INCAPACITATED , THE PERSON'S15
SPOUSE, PARENT, LEGAL GUARDIAN, CHILD, SIBLING, GRANDPARENT,16
GRANDCHILD, SIGNIFICANT OTHER, OR OTHER LAWFUL REPRESENTATIVE .17
I
T IS THE INTENT OF THE GENERAL ASSEMBLY THAT THIS DEFINITION OF18
THE TERM "VICTIM-SURVIVOR" APPLIES ONLY TO THIS ARTICLE 11.6 AND19
SHALL NOT BE APPLIED TO ANY OTHER PROVISION OF THE LAWS OF THE20
STATE OF COLORADO THAT REFER TO THE TERM "VICTIM" OR21
"
VICTIM-SURVIVOR".22
16-11.6-103. Restorative justice - rights and responsibilities.23
(1) A
VICTIM-SURVIVOR HAS THE RIGHT TO:24
(a) P
ARTICIPATE IN RESTORATIVE JUSTICE PRACTICES, INCLUDING25
THE RIGHT TO BE FULLY INFORMED ABOUT THE PRINCIPLES , VALUES, AND26
GOALS OF RESTORATIVE JUSTICE AND THE AVAILABILITY OF RESTORATIVE27
HB24-1101
-7- JUSTICE PRACTICES IN EVERY JUDICIAL DISTRICT THROUGHOUT THE STATE ;1
(b) A
CCEPT, DECLINE, OR RECONSIDER THE DECISION TO2
PARTICIPATE IN RESTORATIVE JUSTICE AT ANY STAGE OF THE CRIMINAL OR3
JUVENILE PROCESS, FROM ARREST THROUGH DISPOSITION , INCLUDING4
POST-SENTENCING. THE VICTIM-SURVIVOR'S DECISION MUST BE KNOWING5
AND VOLUNTARY AFTER BEING INFORMED OF THE VICTIM -SURVIVOR'S6
RIGHTS AND IS NOT CONTINGENT ON THE DECISION OF ANY ALLEGED7
RESPONSIBLE PARTY TO PARTICIPATE.8
(c) B
E PROVIDED RESTORATIVE JUSTICE PRACTICES BY A TRAINED9
FACILITATOR WHO ADHERES TO THE COLORADO RESTORATIVE JUSTICE10
FACILITATOR CODE OF CONDUCT AND STANDARDS OF TRAINING AND11
PRACTICE, AS ADOPTED OR SUBSEQUENTLY AMENDED BY THE12
RESTORATIVE JUSTICE COUNCIL. IF THE UNDERLYING CASE INCLUDES AN13
ACT OF DOMESTIC VIOLENCE, AS DEFINED IN SECTION 18-6-800.3 (1), OR14
ANY SEX OFFENSE, AS DESCRIBED IN SECTION 18-1.3-1003 (5), THE15
VICTIM-SURVIVOR MUST BE PROVIDED WITH RESTORATIVE JUSTICE16
PRACTICES CONVENED BY CO -FACILITATORS, ONE OF WHOM HAS17
BACKGROUND, TRAINING, AND EXPERIENCE AS A VICTIM ADVOCATE AND18
IN FACILITATING HIGH-IMPACT CASES; IS FAMILIAR WITH SURROGATE ,19
PROXY, AND VICARIOUS PRACTICES; AND POSSESSES AN UNDERSTANDING20
OF GENDER-BASED AND INTIMATE PARTNER VIOLENCE AND TRAUMA , THE21
DYNAMICS OF POWER IMBALANCES , CONTROL, AND MANIPULATION IN22
PERSONAL RELATIONSHIPS, AND OTHER SIMILAR ISSUES PRESENTED BY23
THESE UNIQUE CASES.24
(d) A
T ANY POINT, REQUEST ACCESS TO RESTORATIVE JUSTICE25
PRACTICES AS AN ALTERNATIVE TO , OR IN ADDITION TO, PROSECUTION;26
AND27
HB24-1101
-8- (e) PARTICIPATE IN AN APPROPRIATE ALTERNATIVE PRACTICE1
DESIGNED TO MEET THE VICTIM-SURVIVOR'S NEEDS, SUCH AS SURROGATE,2
PROXY, OR VICARIOUS PRACTICES, IF A DEFENDANT IS UNAVAILABLE OR3
DECLINES TO PARTICIPATE IN RESTORATIVE JUSTICE PRACTICES .4
(2) T
HE RIGHTS AFFORDED TO A VICTIM-SURVIVOR PURSUANT5
TO THIS SECTION ARE LIMITED TO CRIMES AS DEFINED IN SECTION6
16-11.6-102.
HOWEVER, LAW ENFORCEMENT AND PROSECUTORIAL7
AGENCIES ARE ENCOURAGED TO PROVIDE RESTORATIVE JUSTICE8
ADVISEMENTS AND TO CONSIDER THE USE OF RESTORATIVE JUSTICE9
PRACTICES IN ALL CRIMINAL AND JUVENILE CASES AS AN ALTERNATIVE OR10
IN ADDITION TO PROSECUTION.11
(3) U
NLESS THE CASE INVOLVES DOMESTIC VIOLENCE , AS DEFINED12
IN SECTION 18-6-800.3 (1), OR A SEX OFFENSE, AS DESCRIBED IN SECTION13
18-1.3-1003
(5), LAW ENFORCEMENT , PROSECUTORIAL, AND JUDICIAL14
AGENCIES SHALL ENSURE THAT A VICTIM -SURVIVOR IS NOTIFIED OF THE15
RIGHTS SET FORTH IN SUBSECTION (1) OF THIS SECTION. THE AGENCIES16
SHALL ASSIST THE VICTIM-SURVIVOR IN OBTAINING THE INFORMATION17
NECESSARY TO PARTICIPATE IN RESTORATIVE JUSTICE PRACTICES , PROVIDE18
THE VICTIM-SURVIVOR WITH THE RESTORATIVE JUSTICE ADVISEMENT19
FORM CREATED PURSUANT TO SECTION 16-11.6-105, AND DIRECT THE20
VICTIM-SURVIVOR TO THE RESTORATIVE JUSTICE COUNCIL 'S WEBSITE.21
(4) I
F THE CASE INVOLVES DOMESTIC VIOLENCE , AS DEFINED IN22
SECTION 18-6-800.3 (1), OR A SEX OFFENSE, AS DESCRIBED IN SECTION23
18-1.3-1003
(5), PROSECUTORIAL AND JUDICIAL AGENCIES SHALL ENSURE24
THAT A VICTIM-SURVIVOR IS AFFORDED THE RIGHTS SET FORTH IN25
SUBSECTION (1) OF THIS SECTION. THE AGENCIES SHALL ASSIST THE26
VICTIM-SURVIVOR IN OBTAINING THE INFORMATION NECESSARY TO27
HB24-1101
-9- PARTICIPATE IN RESTORATIVE JUSTICE PRACTICES , PROVIDE THE1
VICTIM-SURVIVOR WITH THE RESTORATIVE JUSTICE ADVISEMENT FORM2
CREATED PURSUANT TO SECTION 16-11.6-105, AND DIRECT THE3
VICTIM-SURVIVOR TO THE RESTORATIVE JUSTICE COUNCIL 'S WEBSITE.4
(5) A
JUVENILE VICTIM-SURVIVOR WHO IS UNDER EIGHTEEN YEARS5
OF AGE WHO ELECTS TO PARTICIPATE IN RESTORATIVE JUSTICE SHALL6
OBTAIN WRITTEN CONSENT FROM A PARENT OR LEGAL GUARDIAN AND HAS7
THE RIGHT TO THE ASSISTANCE OF A PARENT, A LEGAL GUARDIAN, LEGAL8
COUNSEL, OR OTHER ADULT AS SELECTED BY THE JUVENILE .9
16-11.6-104. Restorative justice - consent - confidentiality.10
(1) P
ARTICIPATION IN RESTORATIVE JUSTICE PRACTICES IS VOLUNTARY .11
T
HE DISTRICT ATTORNEY, VICTIM ADVOCATE, OR OTHER DESIGNATED12
DISTRICT ATTORNEY PERSONNEL SHALL OBTAIN , IN WRITING, THROUGH13
EXECUTION OF THE ADVISEMENT FORM CREATED PURSUANT TO SECTION14
16-11.6-105,
THE KNOWING, INFORMED, AND VOLUNTARY CONSENT OF15
THE VICTIM-SURVIVOR, RESPONSIBLE PARTY, OR CHARGED JUVENILE16
AFTER FULL ADVISEMENT OF THE RIGHTS SET FORTH IN SECTION17
16-11.6-103.
ANY PARTY MAY WITHDRAW CONSENT AT ANY STAGE OF THE18
PROCESS. RESTORATIVE JUSTICE PRACTICES CONDUCTED WITH THE19
CONSENT OF A DEFENDANT OR JUVENILE CHARGED IN JUVENILE COURT ARE20
SUBJECT TO ALL CONSTITUTIONAL PROTECTIONS AND MUST NOT BE USED21
TO INTERFERE WITH OR FORCE A WAIVER OF A DEFENDANT 'S OR JUVENILE'S22
CONSTITUTIONAL RIGHTS.23
(2) S
TATEMENTS AND COMMUNICATIONS ELICITED IN THE24
APPLICATION TO OR DURING THE COURSE OF RESTORATIVE JUSTICE25
PRACTICES ARE CONFIDENTIAL AND MUST NOT BE DISCLOSED BY ANY26
PARTICIPANT TO ANY OTHER PERSON OR TO THE COURT UNLESS OTHERWISE27
HB24-1101
-10- AGREED TO IN WRITING BY ALL THE PARTICIPANTS AT THE TIME OF THE1
PRACTICE, EXCEPT AS PROVIDED IN SUBSECTION (4) OF THIS SECTION.2
(3) P
ARTICIPATION IN, OR DECLINING TO PARTICIPATE IN ,3
RESTORATIVE JUSTICE PRACTICES MUST NOT BE USED AGAINST THE4
DEFENDANT OR JUVENILE OR TO INCREASE THE SEVERITY OF ANY5
SENTENCE IN ANY RELATED PROCEEDING AGAINST THE DEFENDANT OR6
JUVENILE. A STATEMENT MADE OR ACTION TAKEN IN THE COURSE OF7
RESTORATIVE JUSTICE PRACTICES MUST NOT BE USED AS EVIDENCE TO8
CHARGE OR PROSECUTE THE DEFENDANT OR JUVENILE , UNLESS THE9
DEFENDANT OR JUVENILE COMMITS A CHARGEABLE OFFENSE DURING THE10
RESTORATIVE JUSTICE PRACTICE.11
(4) T
HE RESTORATIVE JUSTICE FACILITATOR SHALL NOTIFY THE12
COURT PRESIDING OVER A CRIMINAL OR JUVENILE CASE OF PARTICIPATION13
IN A RESTORATIVE JUSTICE PRACTICE IN WHICH THE DEFENDANT OR14
JUVENILE WAS INVOLVED. THE COURT MAY CONSIDER THE COMPLETION OF15
THE RESTORATIVE JUSTICE PRACTICE AT SENTENCING .16
16-11.6-105. Restorative justice - advisement of rights to17
victim - forms. (1) I
F A CRIMINAL CASE HAS BEEN FILED, THE DISTRICT18
ATTORNEY, VICTIM ADVOCATE , OR OTHER DESIGNATED DISTRICT19
ATTORNEY PERSONNEL SHALL INFORM THE VICTIM -SURVIVOR OF THE20
VICTIM-SURVIVOR'S RIGHT TO PARTICIPATE IN RESTORATIVE JUSTICE21
PRACTICES IN WRITING USING THE FORM DEVELOPED BY THE RESTORATIVE22
JUSTICE COUNCIL PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION.23
(2) (a) O
N OR BEFORE DECEMBER 31, 2024, THE RESTORATIVE24
JUSTICE COUNCIL, IN COLLABORATION WITH A STATEWIDE ORGANIZATION25
REPRESENTING VICTIMS OF DOMESTIC VIOLENCE AND SEXUAL ASSAULT ,26
SHALL DEVELOP A RESTORATIVE JUSTICE ADVISEMENT FORM TO INFORM27
HB24-1101
-11- VICTIM-SURVIVORS ABOUT THEIR RIGHT TO PARTICIPATE IN RESTORATIVE1
JUSTICE, INCLUDING THE PRINCIPLES, VALUES, GOALS, AND DETAILS OF2
RESTORATIVE JUSTICE; HOW TO ACCESS RESTORATIVE JUSTICE ; THEIR3
RIGHT TO ACCEPT, DECLINE, OR CHANGE THE DECISION TO PARTICIPATE IN4
RESTORATIVE JUSTICE; THE ROLE OF THE RESTORATIVE JUSTICE COUNCIL;5
AND A STATEWIDE DIRECTORY OF RESTORATIVE JUSTICE PROGRAMS AND6
PRACTITIONERS FROM WHICH A VICTIM -SURVIVOR CAN IDENTIFY A7
PROGRAM OR PRACTITIONER TO SUIT THE VICTIM -SURVIVOR'S NEEDS. THE8
RESTORATIVE JUSTICE COUNCIL AND THE JUDICIAL DEPARTMENT SHALL9
POST THE FORM ON THEIR WEBSITES IN AN ACCESSIBLE FORMAT .10
(b) O
N OR BEFORE AUGUST 30, 2024, THE RESTORATIVE JUSTICE11
COUNCIL, IN COLLABORATION WITH A STATEWIDE COALITION OF12
RESTORATIVE JUSTICE PRACTITIONERS AND A STATEWIDE ORGANIZATION13
REPRESENTING VICTIMS OF DOMESTIC VIOLENCE AND SEXUAL ASSAULT ,14
SHALL DEVELOP A RESTORATIVE JUSTICE PRACTICES FORM . THE FORM15
MUST COMPLY WITH THE CONFIDENTIALITY REQUIREMENTS SET FORTH IN16
SECTION 16-11.6-104 (2). THE RESTORATIVE JUSTICE COUNCIL AND THE17
JUDICIAL DEPARTMENT SHALL POST THE FORM ON THEIR WEBSITES IN AN18
ACCESSIBLE FORMAT.19
16-11.6-106. Restorative justice - legal authority to prosecute.20
N
OTHING IN THIS ARTICLE 11.6 RESTRICTS THE DISTRICT ATTORNEY 'S21
LEGAL AUTHORITY UNDER THE CONSTITUTION AND LAWS OF THE STATE TO22
PROSECUTE A CASE.23
16-11.6-107. Application of article. T
HE PROVISIONS OF THIS24
ARTICLE 11.6 ALSO APPLY TO ARTICLE 2.5 OF TITLE 19.25
SECTION 2. In Colorado Revised Statutes, 16-11-214, amend26
(1)(a) as follows:27
HB24-1101
-12- 16-11-214. Fund created - probation services. (1) (a) There is1
created in the state treasury the offender services fund to which must be2
credited THE OFFENDER SERVICES FUND, REFERRED TO IN THIS SECTION AS3
THE "FUND", IS CREATED IN THE STATE TREASURY. One hundred percent4
of any cost of care payments or probation supervision fees paid to the5
state pursuant to section 18-1.3-204 (2)(a)(V) or 19-2.5-1120
MUST BE6
CREDITED TO THE FUND, and from which
the general assembly shall make7
annual appropriations for administrative and personnel costs for adult and8
juvenile probation services, as well as for adjunct adult and juvenile9
probation services in the judicial department, including treatment10
services; contract services; drug and alcohol treatment services, including11
continuous alcohol monitoring;
RESTORATIVE JUSTICE PRACTICES; and12
program development; and for associated administrative and personnel13
costs. I
F THE DEFENDANT IS REPRESENTED BY COURT-APPOINTED COUNSEL14
DUE TO INDIGENCY, RESTORATIVE JUSTICE FEES MUST BE PAID OUT OF THE15
FUND WHEN RESTORATIVE JUSTICE PRACTICES ARE REQUESTED BY A16
VICTIM-SURVIVOR. Any money remaining in the fund at the end of any17
fiscal year does not revert to the general fund.18
SECTION 3. In Colorado Revised Statutes, amend 17-28-103 as19
follows:20
17-28-103. Victim-offender dialogue program - accountability21
letter bank. (1) The department is authorized to establish a pilot
22
program, when funds become available, in its correctional facilities to23
T
HERE IS ESTABLISHED IN THE DEPARTMENT A VICTIM -OFFENDER24
DIALOGUE PROGRAM TO facilitate victim-initiated victim-offender25
conferences whereby
DIALOGUES. A victim of a crime may request a26
facilitated conference DIALOGUE with the offender who committed the27
HB24-1101
-13- crime, if the offender is in the custody of the department. After such a1
pilot program is established, The department may SHALL establish policies2
and procedures for the victim-offender conferences DIALOGUES using3
TRAINED volunteers AND FACILITATORS to facilitate the conferences4
DIALOGUES. The TRAINED volunteers AND FACILITATORS shall complete5
the department's volunteer and facility-specific training programs and6
complete high-risk victim-offender training and victim advocacy training.7
The department shall not compensate or reimburse a volunteer or victim8
for any expenses nor otherwise incur any additional expenses to establish9
or operate the victim-offender conferences pilot program. If a pilot10
program is available, and Subsequent to the A victim's or the A victim11
representative's request, the department shall arrange such a conference12
DIALOGUE only after determining that the conference would be safe and13
only if the offender agrees to participate. The purposes of the conference14
shall be DIALOGUE ARE to enable the victim to meet the offender, to15
obtain answers to questions only the offender can answer, to assist the16
victim in healing from the impact of the crime, and to promote a sense of17
remorse and acceptance of responsibility by the offender that may18
contribute to his or her THE OFFENDER'S rehabilitation.19
(2) T
HE DEPARTMENT SHALL NOT DENY THE RIGHT TO PARTICIPATE20
IN A VICTIM-OFFENDER DIALOGUE, AS DESCRIBED IN THIS SECTION, TO ANY21
VICTIM-SURVIVOR WHEN REQUESTED BY THE VICTIM -SURVIVOR. IF THE22
DEPARTMENT DETERMINES THAT SUBSTANTIAL SAFETY CONCERNS ARE23
INVOLVED, THE DEPARTMENT MAY TAKE REASONABLE MEASURES TO24
ENSURE THE SAFETY OF ALL INVOLVED IN THE VICTIM -OFFENDER25
DIALOGUE WHILE CONTINUING TO ADHERE TO THE PRINCIPLES OF VICTIM26
EMPOWERMENT AS SET FORTH IN ARTICLE 11.6 OF TITLE 16.27
HB24-1101
-14- (3) THE DEPARTMENT SHALL CREATE AND MAINTAIN AN1
ACCOUNTABILITY LETTER BANK . AN OFFENDER MAY SEND A LETTER TO2
ANY VICTIM-SURVIVOR OF THE OFFENDER 'S OFFENSE THROUGH THE3
ACCOUNTABILITY LETTER BANK TO EXPRESS ACCOUNTABILITY AND4
REMORSE, OFFER AN APOLOGY , AND OTHERWISE ACKNOWLEDGE5
RESPONSIBILITY TO THE PERSON OR PERSONS HARMED BY THE OFFENDER 'S6
CRIME. UPON RECEIPT OF AN ACCOUNTABILITY LETTER , THE DEPARTMENT7
SHALL, USING A DEPARTMENT STAFF MEMBER KNOWLEDGEABLE AND8
TRAINED IN RESTORATIVE JUSTICE , NOTIFY THE PERSON OR PERSONS9
HARMED BY THE OFFENDER OF THE EXISTENCE OF THE LETTER THROUGH10
ANY AVAILABLE VICTIM NOTIFICATION SYSTEM . THE PERSON NOTIFYING11
THE PERSON OR PERSONS HARMED SHALL OFFER MEANINGFUL12
INFORMATION ABOUT VICTIM -OFFENDER DIALOGUES AND RESTORATIVE13
JUSTICE PRACTICES GENERALLY . THE DEPARTMENT SHALL PROVIDE14
ACCESS TO THE ACCOUNTABILITY LETTER AT THE REQUEST OF THE PERSON15
OR PERSONS HARMED . THE DEPARTMENT SHALL ALLOW A16
VICTIM-SURVIVOR WHO OPTED OUT OF NOTIFICATION PURSUANT TO THIS17
SUBSECTION (3) THE OPPORTUNITY TO OPT BACK IN AT ANY TIME .18
SECTION 4. In Colorado Revised Statutes, 18-1.3-104, amend19
(1)(b.5)(I) as follows:20
18-1.3-104. Alternatives in imposition of sentence. (1) Within21
the limitations of the applicable statute pertaining to sentencing and22
subject to the provisions of this title 18, the trial court has the following23
alternatives in entering judgment imposing a sentence:24
(b.5) (I) Except as otherwise provided by subparagraph (II) of this25
paragraph (b.5) SUBSECTION (1)(b.5)(II) OF THIS SECTION, any defendant26
who, in the determination of the court, is a candidate for an alternative27
HB24-1101
-15- sentencing option and who would otherwise be sentenced to1
imprisonment pursuant to paragraph (b) of this subsection (1) may, as an2
alternative, be sentenced to a specialized restitution and community3
service program pursuant to section 18-1.3-302, which may include4
restorative justice practices, as defined in section 18-1-901 (3)(o.5), if5
such THE defendant is determined eligible and is SUITABLE FOR AND6
accepted into such THE program. To be eligible for restorative justice7
practices, the defendant shall not have been convicted of unlawful sexual8
behavior as defined in section 16-22-102 (9), C.R.S., a crime in which the9
underlying factual basis involves domestic violence, as defined in section10
18-6-800.3 (1), stalking as defined in section 18-3-602, or violation of a11
protection order as defined in section 18-6-803.5. If the court orders the12
defendant to attend a restorative justice practices victim-offender13
conference, the facilitator of the conference shall provide his or her14
services for a fee of no more than one hundred twenty-five dollars, based15
on a sliding scale; however, the fee may be waived by the court. Any16
statements made during the conference shall be confidential and shall not17
be used as a basis for charging or prosecuting the defendant unless the18
defendant commits a chargeable offense during the conference.19
SECTION 5. In Colorado Revised Statutes, 18-1.3-204, amend20
(2)(a)(III.5) as follows:21
18-1.3-204. Conditions of probation - interstate compact22
probation transfer cash fund - creation. (2) (a) When granting23
probation, the court may, as a condition of probation, require that the24
defendant:25
(III.5) Participate in restorative justice practices, as defined in26
section 18-1-901 (3)(o.5), if available in the jurisdiction, and IF the27
HB24-1101
-16- defendant is determined suitable by a designated restorative justice1
practices facilitator. If a defendant wants to participate in restorative2
justice practices, the defendant must make the request to the district3
attorney or the law enforcement agency administering the program and4
may SHALL not make the request to the victim VICTIM-SURVIVOR. If5
requested by the defendant, district attorney, or law enforcement agency,6
a victim-offender conference may DIALOGUE MUST only be conducted7
after the victim VICTIM-SURVIVOR is consulted by the district attorney and8
offered the opportunity to participate or submit a victim impact statement.9
If a victim VICTIM-SURVIVOR elects not to attend, a victim-offender10
conference DIALOGUE may be held with a suitable victim surrogate or11
victim advocate, and the victim VICTIM-SURVIVOR may submit a victim12
impact statement. To be eligible for restorative justice practices, the13
defendant shall not have been convicted of unlawful sexual behavior as14
defined in section 16-22-102 (9), C.R.S., a crime in which the underlying15
factual basis involves domestic violence, as defined in section 18-6-800.316
(1), stalking as defined in section 18-3-602, or violation of a protection17
order as defined in section 18-6-803.5. Any statements made during a18
restorative justice conference shall be confidential and shall not be used19
as a basis for charging or prosecuting the defendant unless the defendant20
commits a chargeable offense during the conference. Failure to complete21
the requirements arising from a restorative justice conference may be22
DIALOGUE IS NOT considered a violation of probation. Nothing in this23
subparagraph (III.5) shall be construed to require SUBSECTION24
(2)(a)(III.5)
REQUIRES a victim
VICTIM-SURVIVOR to participate in25
restorative justice practices or a restorative justice victim-offender26
conference DIALOGUE.27
HB24-1101
-17- SECTION 6. In Colorado Revised Statutes, 19-2.5-402, amend1
(3)(d.5) as follows:2
19-2.5-402. Juvenile diversion program - authorized - report3
- allocation of money - legislative declaration - definitions. (3) For4
purposes of this section:5
(d.5) "Restorative justice" has the same meaning as set forth in6
section 19-1-103 SECTION 19-2.5-102.7
SECTION 7. In Colorado Revised Statutes, 19-2.5-502, amend8
(2) as follows:9
19-2.5-502. Petition initiation - petition form and content.10
(2) If the petition is the first juvenile petition filed against the juvenile in11
any jurisdiction, and is initiated in a jurisdiction that has restorative12
justice practices available, the district attorney or the district attorney's13
designee may determine whether the juvenile is suitable for restorative14
justice practices. The district attorney shall consider whether the victim15
VICTIM-SURVIVOR, having been informed about restorative justice16
practices pursuant to section 24-4.1-303 (11)(g), is requesting17
consideration of restorative justice practices as an alternative to,
OR IN18
ADDITION TO, formal prosecution; the seriousness of the crime; the crime's19
impact on the victim
VICTIM-SURVIVOR; the best methodology to involve20
the victim VICTIM-SURVIVOR; whether the juvenile accepts responsibility21
for, expresses remorse for, and is willing to repair the harm caused by the22
juvenile's actions; whether the juvenile's parent or legal guardian is23
willing to support the juvenile in the process; and other programmatic24
support available. If a juvenile wants to participate in restorative justice25
practices, the juvenile shall MUST make the request to the district attorney26
or the law enforcement agency administering the program and may SHALL27
HB24-1101
-18- not make the request to the victim VICTIM-SURVIVOR. If requested by the1
juvenile, restorative justice practices may only be conducted after the2
district attorney consults with the victim VICTIM-SURVIVOR and offers the3
victim VICTIM-SURVIVOR an opportunity to participate or submit a victim4
impact statement. If a victim VICTIM-SURVIVOR elects not to attend, a5
victim-offender conference DIALOGUE may be held with a suitable victim6
surrogate or victim advocate, and the victim VICTIM-SURVIVOR may7
submit a victim impact statement. The district attorney may offer8
dismissal of charges as an option for the successful completion of these9
and any other conditions imposed and designed to address the harm done10
to the victim VICTIM-SURVIVOR and the community by the offender,11
subject to approval by the court.12
SECTION 8. In Colorado Revised Statutes, 19-2.5-1101, amend13
(4) as follows:14
19-2.5-1101. Presentence investigation. (4) Prior to sentencing15
a juvenile who was adjudicated for an offense that would be a felony or16
misdemeanor not contained in title 42 if committed by an adult, the court17
may order the juvenile to participate in an assessment to determine18
whether the juvenile would be IS suitable for participation in restorative19
justice practices that would be AS a part of the juvenile's sentence. except20
that the court may not order participation in a restorative justice practice21
if the juvenile was adjudicated a delinquent for unlawful sexual behavior,22
as defined in section 16-22-102 (9); a crime in which the underlying23
factual basis involves domestic violence, as defined in section 18-6-800.324
(1); stalking, as defined in section 18-3-602; or violation of a protection25
order, as defined in section 18-6-803.5. If the court orders a suitability26
assessment, the assessor shall provide the services for a fee of no more27
HB24-1101
-19- than forty dollars based on a sliding scale consistent with guidelines used1
to determine eligibility for appointment of counsel. The court shall not2
include payment of this fee as part of any court order. If a juvenile wants3
to participate in restorative justice practices, the juvenile must make the4
request to the district attorney or the law enforcement agency5
administering the program and may SHALL not make the request to the6
victim VICTIM-SURVIVOR. If requested by the juvenile or law enforcement7
agency, a victim-offender conference DIALOGUE may only be conducted8
after the victim VICTIM-SURVIVOR is consulted by the district attorney and9
offered an opportunity to participate or submit a victim impact statement.10
If a victim VICTIM-SURVIVOR elects not to attend, a THE victim-offender11
conference DIALOGUE may be held with a suitable victim surrogate or12
victim advocate, and the victim VICTIM-SURVIVOR may submit a victim13
impact statement. If the juvenile participates in a restorative justice14
practices victim-offender conference, the facilitator shall provide these15
services for a fee of no more than one hundred twenty-five dollars based16
on a sliding scale consistent with guidelines used to determine eligibility17
for appointment of counsel. The court shall not include payment of this18
fee as part of any court order.19
SECTION 9. In Colorado Revised Statutes, 19-2.5-1103, amend20
(1)(l) as follows:21
19-2.5-1103. Sentencing schedule - options. (1) Upon22
completion of the sentencing hearing pursuant to section 19-2.5-1102, the23
court shall enter a decree of sentence or commitment imposing any of the24
following sentences or combination of sentences, as appropriate:25
(l) (I) Participation in an evaluation to determine whether the26
juvenile would be IS suitable for restorative justice practices that would27
HB24-1101
-20- be AS a part of the juvenile's sentence. except that the court may not order1
participation in restorative justice practices if the juvenile was adjudicated2
a delinquent for unlawful sexual behavior, as defined in section3
16-22-102 (9); a crime in which the underlying factual basis involves4
domestic violence, as defined in section 18-6-800.3 (1); stalking, as5
defined in section 18-3-602; or violation of a protection order, as defined6
in section 18-6-803.5. If the court orders participation in restorative7
justice practices, the facilitator shall provide these services for a fee of no8
more than one hundred twenty-five dollars based on a sliding scale9
consistent with guidelines used to determine eligibility for appointment10
of counsel. The court shall not include payment of this fee as part of any11
court order. LAW ENFORCEMENT , PROSECUTORIAL, AND JUDICIAL12
AGENCIES SHALL ENSURE THAT A JUVENILE AND THE JUVENILE 'S PARENT13
OR LEGAL GUARDIAN ARE NOTIFIED OF THE RIGHTS SET FORTH IN SECTION14
16-11.6-103.
THE AGENCIES SHALL ASSIST THE JUVENILE AND THE15
JUVENILE'S PARENT OR LEGAL GUARDIAN IN OBTAINING THE INFORMATION16
NECESSARY TO PARTICIPATE IN RESTORATIVE JUSTICE PRACTICES , PROVIDE17
THE JUVENILE AND THE JUVENILE'S PARENT OR LEGAL GUARDIAN WITH THE18
RESTORATIVE JUSTICE ADVISEMENT FORM CREATED PURSUANT TO SECTION19
16-11.6-105,
AND DIRECT THE JUVENILE OR THE JUVENILE 'S PARENT OR20
LEGAL GUARDIAN TO THE RESTORATIVE JUSTICE COUNCIL 'S WEBSITE.21
Nothing in this subsection (1)(l) requires a victim
VICTIM-SURVIVOR to22
participate in a restorative justice victim-offender conference DIALOGUE.23
(II) P
ARTICIPATION IN RESTORATIVE JUSTICE PRACTICES IS24
VOLUNTARY. A JUVENILE IS ENTITLED TO THE RIGHTS SET FORTH IN25
SECTION 16-11.6-103. THE DISTRICT ATTORNEY, VICTIM ADVOCATE, OR26
OTHER DESIGNATED DISTRICT ATTORNEY PERSONNEL SHALL OBTAIN , IN27
HB24-1101
-21- WRITING, THROUGH EXECUTION OF THE ADVISEMENT FORM CREATED1
PURSUANT TO SECTION 16-11.6-105, THE KNOWING, INFORMED, AND2
VOLUNTARY CONSENT OF THE VICTIM -SURVIVOR, RESPONSIBLE PARTY, OR3
JUVENILE AFTER FULL ADVISEMENT OF THE RIGHTS SET FORTH IN SECTION4
16-11.6-103.
ANY PARTY MAY WITHDRAW CONSENT AT ANY STAGE OF THE5
PROCESS. RESTORATIVE JUSTICE PRACTICES CONDUCTED WITH THE6
CONSENT OF A JUVENILE ARE SUBJECT TO ALL CONSTITUTIONAL7
PROTECTIONS AND MUST NOT BE USED TO INTERFERE WITH OR FORCE A8
WAIVER OF A JUVENILE'S CONSTITUTIONAL RIGHTS.9
(III) S
TATEMENTS AND COMMUNICATIONS ELICITED IN THE10
APPLICATION TO OR DURING THE COURSE OF RESTORATIVE JUSTICE11
PRACTICES ARE CONFIDENTIAL AND MUST NOT BE DISCLOSED BY ANY12
PARTICIPANT TO ANY OTHER PERSON OR TO THE COURT UNLESS OTHERWISE13
AGREED TO IN WRITING BY ALL THE PARTICIPANTS AT THE TIME OF THE14
PRACTICE, EXCEPT AS PROVIDED IN SUBSECTION (1)(l)(V) OF THIS SECTION.15
(IV) P
ARTICIPATION IN, OR DECLINING TO PARTICIPATE IN ,16
RESTORATIVE JUSTICE PRACTICES MUST NOT BE USED AGAINST THE17
JUVENILE OR TO INCREASE THE SEVERITY OF ANY SENTENCE IN ANY18
RELATED PROCEEDING AGAINST THE JUVENILE . A STATEMENT MADE OR19
ACTION TAKEN IN THE COURSE OF RESTORATIVE JUSTICE PRACTICES MUST20
NOT BE USED AS EVIDENCE TO CHARGE OR PROSECUTE THE JUVENILE ,21
UNLESS THE JUVENILE COMMITS A CHARGEABLE OFFENSE DURING THE22
RESTORATIVE JUSTICE PRACTICE.23
(V) T
HE RESTORATIVE JUSTICE FACILITATOR SHALL NOTIFY THE24
COURT PRESIDING OVER A JUVENILE CASE OF PARTICIPATION IN A25
RESTORATIVE JUSTICE PRACTICE IN WHICH THE JUVENILE WAS INVOLVED .26
T
HE COURT MAY CONSIDER THE COMPLETION OF THE RESTORATIVE27
HB24-1101
-22- JUSTICE PRACTICE AT SENTENCING.1
SECTION 10. In Colorado Revised Statutes, 19-2.5-1108,2
amend (2)(a)(X) as follows:3
19-2.5-1108. Probation - terms - release - revocation -4
graduated responses system - report - rules - definition.5
(2) (a) Conditions of probation must be customized to each juvenile6
based on the guidelines developed by the committee on juvenile justice7
reform pursuant to section 24-33.5-2402, as it existed prior to its repeal8
in 2022. The court shall, as minimum conditions of probation, order that9
the juvenile:10
(X) May be evaluated to determine whether the juvenile would be11
IS suitable for restorative justice practices that would be AS a part of the12
juvenile's probation program. except that the court may not order13
participation in restorative justice practices if the juvenile was adjudicated14
a delinquent for unlawful sexual behavior, as defined in section15
16-22-102 (9); a crime in which the underlying factual basis involves16
domestic violence, as defined in section 18-6-800.3 (1); stalking, as17
defined in section 18-3-602; or violation of a protection order, as defined18
in section 18-6-803.5.19
SECTION 11. Act subject to petition - effective date.20
(1) Except as provided in subsection (2) of this section, this act takes21
effect at 12:01 a.m. on the day following the expiration of the ninety-day22
period after final adjournment of the general assembly; except that, if a23
referendum petition is filed pursuant to section 1 (3) of article V of the24
state constitution against this act or an item, section, or part of this act25
within such period, then the act, item, section, or part will not take effect26
unless approved by the people at the general election to be held in27
HB24-1101
-23- November 2024 and, in such case, will take effect on the date of the1
official declaration of the vote thereon by the governor.2
(2) Section 16-11.6-103 (4), Colorado Revised Statutes, as3
enacted in section 1 of this act, takes effect August 1, 2025.4
HB24-1101
-24-