Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-1155.01 Michael Dohr x4347
HOUSE BILL 24-1445
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING MEASURES RELATED TO SUPERVISION CONDITIONS . 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
.)
The bill requires the state court administrator to annually report on
probation and parole supervision fees assessed in the previous year during
its "SMART Act" hearing.
Unless inconsistent with another probation condition, the bill
requires the court to allow an adult or juvenile on probation to meet with
the probation officer through a telephone call or audio-visual
communication technology. Furthermore, when scheduling probation
meetings, the probation officer is required to schedule, in good faith, a
HOUSE SPONSORSHIP
Bacon and Armagost,
SENATE SPONSORSHIP
Gardner and Gonzales,
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. mutually agreeable time for the meeting that does not conflict with the
adult's or juvenile's essential obligations.
Unless inconsistent with another parole condition, the bill requires
the parole board to allow an adult or juvenile on parole to report to the
parole officer through a telephone call or audio-visual communication
technology. Furthermore, when scheduling parole meetings, a parole
officer is required to schedule, in good faith, a mutually agreeable time
for the meeting that does not conflict with the adult's or juvenile's
essential obligations.
The bill eliminates non-payment of probation or parole fees as a
grounds for the revocation of probation or parole.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 13-1-141 as2
follows:3
13-1-141. Probation and parole supervision fee report. T
HE4
STATE COURT ADMINISTRATOR SHALL ANNUALLY REPORT ON PROBATION5
AND PAROLE SUPERVISION FEES ASSESSED IN THE PREVIOUS YEAR DURING6
ITS "SMART ACT" HEARING, REQUIRED PURSUANT TO SECTION 2-7-203.7
T
HE REPORT MUST INCLUDE INFORMATION REGARDING PROBATION8
SUPERVISION FEES AND PAROLE SUPERVISION FEES SEPARATELY , THE9
AMOUNT OF THE FEE CHARGED PER MONTH , HOW MANY PEOPLE WERE10
ASSESSED THE FEE, AND THE TOTAL AMOUNT COLLECTED . PROBATION11
DEPARTMENTS AND THE DEPARTMENT OF CORRECTIONS SHALL PROVIDE12
THE STATE COURT ADMINISTRATOR WITH ANY INFORMATION REQUESTED13
BY THE STATE COURT ADMINISTRATOR TO COMPLY WITH THIS SECTION .14
SECTION 2. In Colorado Revised Statutes, 16-11-209, add (1.3)15
as follows:16
16-11-209. Duties of probation officers. (1.3) U
NLESS17
INCONSISTENT WITH OTHER CONDITIONS IMPOSED BY THE COURT , IN18
DIRECTING THAT A PERSON ON PROBATION MEET WITH A PROBATION19
HB24-1445-2- OFFICER, THE PROBATION OFFICER SHALL:1
(a) S
CHEDULE, IN GOOD FAITH, MEETINGS WITH THE PERSON ON2
PROBATION AT MUTUALLY AGREEABLE TIMES THAT DO NOT CONFLICT3
WITH THE PERSON 'S ESSENTIAL OBLIGATIONS , INCLUDING WORK ,4
EDUCATION, JOB TRAINING, DEPENDENT CARE, MEDICAL APPOINTMENTS,5
AND OTHER PROBATION REQUIREMENTS ; AND6
(b) A
LLOW A PERSON ON PROBATION TO MEET WITH THE7
PROBATION OFFICER THROUGH A TELEPHONE CALL OR AUDIO -VISUAL8
COMMUNICATION TECHNOLOGY .9
SECTION 3. In Colorado Revised Statutes, 17-2-201, amend10
(5)(b), (5)(f)(I) introductory portion, and (5)(f)(I)(D); and add (4.5) and11
(5)(f)(I)(D.5) as follows:12
17-2-201. State board of parole - duties - definitions. (4.5) T
HE13
BOARD MAY GRANT , DENY, DEFER, SUSPEND, REVOKE, OR SPECIFY OR14
MODIFY THE CONDITIONS OF ANY PAROLE FOR ANY DEFENDANT15
COMMITTED TO THE DEPARTMENT OF CORRECTIONS IN A MANNER THAT IS16
IN THE BEST INTERESTS OF THE DEFENDANT AND THE PUBLIC .17
(5) (b) (I) Conditions imposed for parole may include, but are not18
limited to, requiring that the offender pay reasonable costs of supervision
19
of parole or placing the offender on home detention as defined in section20
18-1.3-106 (1.1). C.R.S.21
(II) T
HE BOARD SHALL NOT REVOKE PAROLE FOR LACK OF22
PAYMENT OF PAROLE SUPERVISION FEES .23
(f) (I) As a condition of every parole, the parolee shall sign a24
written agreement that contains such
THE parole conditions as deemed25
appropriate by the board. which conditions shall THE CONDITIONS MUST26
include, but need not be ARE NOT limited to, the following:27
HB24-1445
-3- (D) That the parolee shall make reports as directed by his or her1
community parole officer, permit residential visits by the community2
parole officer and allow the community parole officer to make searches3
of his or her THE PAROLEE'S person, residence, or vehicle;4
(D.5) T
HAT THE PAROLEE SHALL REPORT AS DIRECTED BY THE5
COMMUNITY PAROLE OFFICER . UNLESS INCONSISTENT WITH OTHER6
CONDITIONS IMPOSED BY THE BOARD , THE BOARD SHALL ALLOW A7
PAROLEE TO MEET WITH THE COMM UNITY PAROLE OFFICER THROUGH A8
TELEPHONE CALL OR AUDIO -VISUAL COMMUNICATION TECHNOLOGY .9
U
NLESS INCONSISTENT WITH OTHER CONDITIONS IMPOSED BY THE BOARD ,10
IN DIRECTING THE PAROLEE TO REPORT TO THE COMMUNITY PAROLE11
OFFICER, THE COMMUNITY PAROLE OFFICER SHALL SCHEDULE , IN GOOD12
FAITH, THE MEETING AT MUTUALLY AGREEABLE TIMES WITH THE PAROLEE13
THAT DO NOT CONFLICT WITH THE PAROLEE 'S ESSENTIAL OBLIGATIONS,14
INCLUDING WORK, EDUCATION, JOB TRAINING, DEPENDENT CARE, MEDICAL15
APPOINTMENTS, AND OTHER PAROLE REQUIREMENTS .16
SECTION 4. In Colorado Revised Statutes, 18-1.3-204, amend17
(2)(a) introductory portion, (2)(a)(V), and (2)(a)(IX) as follows:18
18-1.3-204. Conditions of probation - interstate compact19
probation transfer cash fund - creation. (2) (a) When granting20
probation, the court may, as a condition of
probation CONDITION, require21
that the defendant:22
(V) Pay reasonable costs of the court proceedings or costs of23
supervision of probation, or both. The probation supervision fee shall be24
fifty dollars per month for the length of ordered probation IN NO MORE25
THAN ONE JURISDICTION PER CASE. Notwithstanding the amount specified26
in this subparagraph (V) SUBSECTION (2)(a)(V), the court may lower OR27
HB24-1445
-4- WAIVE COURT COSTS AND the costs of supervision of probation to an1
amount the defendant will be able to pay FOR AN INDIGENT DEFENDANT.2
The court shall fix the manner of performance for payment of the fee. If3
the defendant receives probation services from a private provider, the4
court shall order the defendant to pay the probation supervision fee5
directly to the provider. The fee shall be imposed for the length of ordered6
probation.7
(IX) Report to MEET WITH a probation officer at reasonable times8
as directed by the court or the probation officer. U
NLESS INCONSISTENT9
WITH OTHER CONDITIONS IMPOSED BY THE COURT , THE COURT SHALL10
ALLOW A PERSON ON PROBATION TO MEET WITH A PROBATION OFFICER AT11
REASONABLE TIMES THROUGH A TELEPHONE CALL OR AUDIO -VISUAL12
COMMUNICATION TECHNOLOGY . UNLESS INCONSISTENT WITH OTHER13
CONDITIONS IMPOSED BY THE COURT , IN DIRECTING THAT A PERSON ON14
PROBATION MEET WITH A PROBATION OFFICER AT REAS ONABLE TIMES , THE15
COURT OR THE PROBATION OFFICER SHALL SCHEDULE , IN GOOD FAITH, THE16
MEETING WITH THE PERSON ON PROBATION AT MUTUALLY AGREEABLE17
TIMES THAT DO NOT CONFLICT WITH THE PERSON 'S ESSENTIAL18
OBLIGATIONS, INCLUDING WORK, EDUCATION, JOB TRAINING, DEPENDENT19
CARE, MEDICAL APPOINTMENTS, AND OTHER PROBATION REQUIREMENTS .20
SECTION 5. In Colorado Revised Statutes, 19-2.5-1107, add21
(3)(d) as follows:22
19-2.5-1107. Juvenile probation officers - powers and duties.23
(3) (d) U
NLESS INCONSISTENT WITH OTHER CONDITIONS IMPOSED BY THE24
COURT, IN DIRECTING THAT A JUVENILE UNDER THE JUVENILE PROBATION25
OFFICER'S SUPERVISION MEET WITH THE JUVENILE PROBATION OFFICER ,26
THE PROBATION OFFICER SHALL:27
HB24-1445
-5- (I) SCHEDULE, IN GOOD FAITH, MEETINGS WITH THE JUVENILE ON1
PROBATION AT MUTUALLY AGREEABLE TIMES THAT DO NOT CONFLICT2
WITH THE JUVENILE'S ESSENTIAL OBLIGATIONS , INCLUDING WORK ,3
EDUCATION, JOB TRAINING, DEPENDENT CARE, MEDICAL APPOINTMENTS,4
AND OTHER PROBATION REQUIREMENTS ; AND5
(II) A
LLOW A JUVENILE TO MEET WITH THE JUVENILE PROBATION6
OFFICER THROUGH A TELEPHONE CALL OR AUDIO -VISUAL COMMUNICATION7
TECHNOLOGY.8
SECTION 6. In Colorado Revised Statutes, 19-2.5-1108, amend9
(2)(a)(III) as follows:10
19-2.5-1108. Probation - terms - release - revocation -11
graduated responses system - rules - report - definition.12
(2) (a) Conditions of probation must be customized to each juvenile13
based on the guidelines developed by the committee on juvenile justice14
reform pursuant to section 24-33.5-2402, as it existed prior to its repeal15
in 2022. The court shall, as minimum conditions of probation, order that16
the juvenile:17
(III) Report to
MEET WITH a probation officer at reasonable times18
as directed by the court or probation officer. U
NLESS INCONSISTENT WITH19
OTHER CONDITIONS IMPOSED BY THE COURT , THE COURT SHALL ALLOW A20
JUVENILE UNDER THE PROBATION OFFICER 'S SUPERVISION TO MEET WITH21
THE PROBATION OFFICER AT REASONABLE TIMES THROUGH A TELEPHONE22
CALL OR AUDIO -VISUAL COMMUNICATION TECHNOLOGY . UNLESS23
INCONSISTENT WITH OTHER CONDITIONS IMPOSED BY THE COURT , IN24
DIRECTING THAT A JUVENILE MEET WITH A PROBATION OFFICER AT25
REASONABLE TIMES, THE COURT OR THE PROBATION OFFICER SHALL26
SCHEDULE, IN GOOD FAITH, MEETINGS WITH THE JUVENILE ON PROBATION27
HB24-1445
-6- AT MUTUALLY AGREEABLE TIMES THAT DO NOT CONFLICT WITH THE1
JUVENILE'S ESSENTIAL OBLIGATIONS, INCLUDING WORK, EDUCATION, JOB2
TRAINING, DEPENDENT CARE, MEDICAL APPOINTMENTS , AND OTHER3
PROBATION REQUIREMENTS .4
SECTION 7. In Colorado Revised Statutes, 19-2.5-1201, amend5
(7) as follows:6
19-2.5-1201. Juvenile parole board - creation - membership -7
authority - rules. (7) (a) The board may grant, deny, defer, suspend,8
revoke, or specify or modify the conditions of any parole for any juvenile9
committed to the department of human services pursuant to section10
19-2.5-1103 or 19-2.5-1127 in a manner that is in the best interests of the11
juvenile and the public. In addition to any other conditions, the board may12
require, as a condition of parole, any adjudicated juvenile to attend school13
or an educational program or to work toward the attainment of a high14
school diploma or the successful completion of a high school equivalency15
examination, as that term is defined in section 22-33-102 (8.5); except16
that the board shall not require any such juvenile to attend a school from17
which the juvenile has been expelled without the prior approval of that18
school's local board of education. The board shall promulgate rules that19
establish criteria under which its parole decisions are made. The board20
has the duties and responsibilities specified in this part 12.21
(b) U
NLESS INCONSISTENT WITH OTHER CONDITIONS IMPOSED BY22
THE BOARD, THE BOARD SHALL ALLOW A JUVENILE TO HAVE PERIODIC23
MEETINGS WITH THE JUVENILE PAROLE OFFICER AT REASONABLE TIMES24
THROUGH A TELEPHONE CALL OR AUDIO -VISUAL COMMUNICATION25
TECHNOLOGY. UNLESS INCONSISTENT WITH OTHER CONDITIONS IMPOSED26
BY THE BOARD, IN DIRECTING THE JUVENILE TO HAVE PERIODIC MEETINGS27
HB24-1445
-7- WITH A JUVENILE PAROLE OFFICER AT REASONABLE TIMES , THE JUVENILE1
PAROLE OFFICER SHALL SCHEDULE , IN GOOD FAITH, THE MEETINGS WITH2
THE JUVENILE ON PROBATION AT MUTUALLY AGREEABLE TIMES THAT DO3
NOT CONFLICT WITH THE JUVENILE'S ESSENTIAL OBLIGATIONS, INCLUDING4
WORK, EDUCATION, JOB TRAINING, DEPENDENT CARE , MEDICAL5
APPOINTMENTS, AND OTHER PAROLE REQUIREMENTS .6
SECTION 8. In Colorado Revised Statutes, 19-2.5-1203, amend7
(1) as follows:8
19-2.5-1203. Juvenile parole - hearing panels - definition.9
(1) Juvenile parole board - hearing panels authority. (a) The juvenile10
parole board, established pursuant to section 19-2.5-1201, may grant,11
deny, defer, suspend, revoke, or specify or modify the conditions of any12
parole for any juvenile committed to the department of human services13
pursuant to sections 19-2.5-1103 and 19-2.5-1127. In addition to any14
other conditions, the board may require, as a condition of parole, any15
adjudicated juvenile to attend school or an educational program or to16
work toward the attainment of a high school diploma or the successful17
completion of a high school equivalency examination, as that term is18
defined in section 22-33-102 (8.5); except that the board shall not require19
any juvenile to attend a school from which the juvenile has been expelled20
without the prior approval of that school's local board of education. The21
board may modify any of its decisions, or those of the hearing panel,22
except an order of discharge.23
(b) U
NLESS INCONSISTENT WITH OTHER CONDITIONS IMPOSED BY24
THE BOARD, THE BOARD SHALL ALLOW A JUVENILE TO HAVE PERIODIC25
MEETINGS WITH A JUVENILE PAROLE OFFICER AT REAS ONABLE TIMES26
THROUGH A TELEPHONE CALL OR AUDIO -VISUAL COMMUNICATION27
HB24-1445
-8- TECHNOLOGY. UNLESS INCONSISTENT WITH OTHER CONDITIONS IMPOSED1
BY THE BOARD, IN DIRECTING THE JUVENILE TO HAVE PERIODIC MEETINGS2
WITH A JUVENILE PAROLE OFFICER AT REASONABLE TIMES , THE JUVENILE3
PAROLE OFFICER SHALL SCHEDULE , IN GOOD FAITH, MEETINGS WITH THE4
JUVENILE ON PAROLE AT MUTUALLY AGREEABLE TIMES THAT DO NOT5
CONFLICT WITH THE JUVENILE 'S ESSENTIAL OBLIGATIONS, INCLUDING6
WORK, EDUCATION, JOB TRAINING, DEPENDENT CARE , MEDICAL7
APPOINTMENTS, AND OTHER PAROLE REQUIREMENTS .8
SECTION 9. In Colorado Revised Statutes, 19-2.5-1204, amend9
(2) as follows:10
19-2.5-1204. Parole officers - powers - duties. (2) (a) The11
juvenile parole officer shall give to each juvenile granted parole a written12
statement of the conditions of the juvenile's parole, shall explain such13
conditions fully, and shall aid the juvenile to observe them. The juvenile14
parole officer shall have periodic conferences MEETINGS with and reports15
from the juvenile. The juvenile parole officer may conduct such16
investigations or other activities as necessary to determine whether the17
conditions of parole are being met and to accomplish the juvenile's18
rehabilitation.19
(b) U
NLESS INCONSISTENT WITH OTHER CONDITIONS IMPOSED BY20
THE BOARD, IN DIRECTING THAT A JUVENILE ON PROBATION HAVE A21
PERIODIC MEETING WITH A JUVENILE PAROLE OFFICER , THE JUVENILE22
PAROLE OFFICER SHALL:23
(I)
SCHEDULE, IN GOOD FAITH, MEETINGS WITH THE JUVENILE ON24
PAROLE AT MUTUALLY AGREEABLE TIMES THAT DO NOT CONFLICT WITH25
THE JUVENILE'S ESSENTIAL OBLIGATIONS INCLUDING WORK , EDUCATION,26
JOB TRAINING, DEPENDENT CARE, MEDICAL APPOINTMENTS, AND OTHER27
HB24-1445
-9- PAROLE REQUIREMENTS; AND1
(II) A
LLOW A JUVENILE TO MEET WITH A PAROLE OFFICER2
THROUGH A TELEPHONE CALL OR AUDIO -VISUAL COMMUNICATION3
TECHNOLOGY.4
SECTION 10. Safety clause. The general assembly finds,5
determines, and declares that this act is necessary for the immediate6
preservation of the public peace, health, or safety or for appropriations for7
the support and maintenance of the departments of the state and state8
institutions.9
HB24-1445
-10-