Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 24-1155.01 Michael Dohr x4347
HOUSE BILL 24-1445
House Committees Senate Committees
Judiciary 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
SENATE
2nd Reading Unamended
May 1, 2024
HOUSE
3rd Reading Unamended
April 22, 2024
HOUSE
Amended 2nd Reading
April 20, 2024
HOUSE SPONSORSHIP
Bacon and Armagost, Brown, Clifford, Duran, Herod, Lindsay, Ortiz, Ricks, Rutinel,
Vigil, Weissman, Woodrow
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 PROBATION 5
SUPERVISION FEES ASSESSED IN THE PREVIOUS YEAR DURING ITS6
"SMART
ACT" HEARING, REQUIRED PURSUANT TO SECTION 2-7-203. THE7
REPORT MUST INCLUDE INFORMATION REGARDING PROBATION8SUPERVISION FEES, THE AMOUNT OF THE FEE CHARGED PER MONTH , HOW9
MANY PEOPLE WERE ASSESSED THE FEE , AND THE TOTAL AMOUNT10
COLLECTED. PROBATION DEPARTMENTS SHALL PROVIDE THE STATE11
COURT ADMINISTRATOR WITH ANY INFORMATION REQUESTED BY THE12
STATE COURT ADMINISTRATOR TO COMPLY WITH THIS SECTION . THE13
DEPARTMENT OF CORRECTIONS SHALL ANNUALLY REPORT ON PAROLE14
SUPERVISION FEES ASSESSED IN THE PREVIOUS YEAR DURING ITS "SMART15
ACT" HEARING REQUIRED PURSUANT TO SECTION 2-7-203. THE REPORT16
MUST INCLUDE INFORMATION REGARDING PAROLE SUPERVISION FEES , THE17
AMOUNT OF THE FEE CHARGED PER MONTH, HOW MANY PEOPLE WERE18
ASSESSED THE FEE, AND THE TOTAL AMOUNT COLLECTED .19
1445-2- SECTION 2. In Colorado Revised Statutes, 16-11-209, add (1.3)1
as follows:2
16-11-209. Duties of probation officers. (1.3) U
NLESS3
INCONSISTENT WITH OTHER CONDITIONS IMPOSED BY THE COURT , IN4
DIRECTING THAT A PERSON ON PROBATION MEET WITH A PROBATION5
OFFICER, THE PROBATION OFFICER SHALL:6
(a) S
CHEDULE, IN GOOD FAITH, MEETINGS WITH THE PERSON ON7
PROBATION AT MUTUALLY AGREEABLE TIMES THAT DO NOT CONFLICT8
WITH THE PERSON 'S ESSENTIAL OBLIGATIONS , INCLUDING WORK ,9
EDUCATION, JOB TRAINING, DEPENDENT CARE, MEDICAL APPOINTMENTS,10
AND OTHER PROBATION REQUIREMENTS ; AND11
(b) A
LLOW A PERSON ON PROBATION TO MEET WITH THE12
PROBATION OFFICER THROUGH A TELEPHONE CALL OR AUDIO -VISUAL13
COMMUNICATION TECHNOLOGY .14
SECTION 3. In Colorado Revised Statutes, 17-2-201, amend15
(5)(b), (5)(f)(I) introductory portion, and (5)(f)(I)(D); and add (4.5) and16
(5)(f)(I)(D.5) as follows:17
17-2-201. State board of parole - duties - definitions. (4.5) T
HE18
BOARD MAY GRANT , DENY, DEFER, SUSPEND, REVOKE, OR SPECIFY OR19
MODIFY THE CONDITIONS OF ANY PAROLE FOR ANY DEFENDANT20
COMMITTED TO THE DEPARTMENT OF CORRECTIONS IN A MANNER THAT IS21
IN THE BEST INTERESTS OF THE DEFENDANT AND THE PUBLIC .22
(5) (b) (I) Conditions imposed for parole may include, but are not23
limited to, requiring that the offender pay reasonable costs of supervision
24
of parole or placing the offender on home detention as defined in section25
18-1.3-106 (1.1). C.R.S.26
(II) T
HE BOARD SHALL NOT REVOKE PAROLE FOR LACK OF27
1445
-3- PAYMENT OF PAROLE SUPERVISION FEES .1
(f) (I) As a condition of every parole, the parolee shall sign a2
written agreement that contains such THE parole conditions as deemed3
appropriate by the board. which conditions shall THE CONDITIONS MUST4
include, but need not be ARE NOT limited to, the following:5
(D) That the parolee shall make reports as directed by his or her6
community parole officer, permit residential visits by the community7
parole officer and allow the community parole officer to make searches8
of his or her THE PAROLEE'S person, residence, or vehicle;9
(D.5) T
HAT THE PAROLEE SHALL REPORT AS DIRECTED BY THE10
COMMUNITY PAROLE OFFICER . UNLESS INCONSISTENT WITH OTHER11 CONDITIONS IMPOSED BY THE DIVISION OF ADULT PAROLE IN THE12
DEPARTMENT OF CORRECTIONS, THE DIVISION OF ADULT PAROLE SHALL13
ALLOW A PAROLEE TO MEET WITH THE COMMUNITY PAROLE OFFICER14
THROUGH A TELEPHONE CALL OR AUDIO -VISUAL COMMUNICATION15
TECHNOLOGY. UNLESS INCONSISTENT WITH OTHER CONDITIONS IMPOSED16
BY THE DIVISION OF ADULT PAROLE, IN DIRECTING THE PAROLEE TO17
REPORT TO THE COMMUNITY PAROLE OFFICER , THE COMMUNITY PAROLE18
OFFICER SHALL SCHEDULE, IN GOOD FAITH, THE MEETING AT MUTUALLY19
AGREEABLE TIMES WITH THE PAROLEE THAT DO NOT CONFLICT WITH THE20
PAROLEE'S ESSENTIAL OBLIGATIONS, INCLUDING WORK, EDUCATION, JOB21
TRAINING, DEPENDENT CARE, MEDICAL APPOINTMENTS , AND OTHER22
PAROLE REQUIREMENTS.23
SECTION 4. In Colorado Revised Statutes, 18-1.3-204, amend24
(2)(a) introductory portion, (2)(a)(V), and (2)(a)(IX) as follows:25
18-1.3-204. Conditions of probation - interstate compact26
probation transfer cash fund - creation. (2) (a) When granting27
1445
-4- probation, the court may, as a condition of probation CONDITION, require1
that the defendant:2
(V) Pay reasonable costs of the court proceedings or costs of3
supervision of probation, or both. THE COURT SHALL NOT REQUIRE A4
DEFENDANT TO PAY PROBATION SUPERVISION FEES IN MORE T HAN ONE5
CASE WHEN THE DEFENDANT IS GRANTED PROBATION IN MULTIPLE CASES.6
The probation supervision fee shall be IS fifty dollars per month for the7
length of ordered probation. Notwithstanding the amount specified in this8
subparagraph (V) SUBSECTION (2)(a)(V), the court may lower OR WAIVE9
COURT COSTS AND the costs of supervision of probation to an amount the10
defendant will be able to pay FOR AN INDIGENT DEFENDANT . The court11
shall fix the manner of performance for payment of the fee. If the12
defendant receives probation services from a private provider, the court13
shall order the defendant to pay the probation supervision fee directly to14
the provider. The fee shall be imposed for the length of ordered15
probation.16
(IX) Report to MEET WITH a probation officer at reasonable times17
as directed by the court or the probation officer. U
NLESS INCONSISTENT18
WITH OTHER CONDITIONS IMPOSED BY THE COURT , THE COURT SHALL19
ALLOW A PERSON ON PROBATION TO MEET WITH A PROBATION OFFICER AT20
REASONABLE TIMES THROUGH A TELEPHONE CALL OR AUDIO -VISUAL21
COMMUNICATION TECHNOLOGY . UNLESS INCONSISTENT WITH OTHER22
CONDITIONS IMPOSED BY THE COURT , IN DIRECTING THAT A PERSON ON23
PROBATION MEET WITH A PROBATION OFFICER AT REASONABLE TIMES , THE24
COURT OR THE PROBATION OFFICER SHALL SCHEDULE , IN GOOD FAITH, THE25
MEETING WITH THE PERSON ON PROBATION AT MUTUALLY AGREEABLE26
TIMES THAT DO NOT CONFLICT WITH THE PERSON 'S ESSENTIAL27
1445
-5- OBLIGATIONS, INCLUDING WORK, EDUCATION, JOB TRAINING, DEPENDENT1
CARE, MEDICAL APPOINTMENTS, AND OTHER PROBATION REQUIREMENTS .2
SECTION 5. In Colorado Revised Statutes, 19-2.5-1107, add3
(3)(d) as follows:4
19-2.5-1107. Juvenile probation officers - powers and duties.5
(3) (d) U
NLESS INCONSISTENT WITH OTHER CONDITIONS IMPOSED BY THE6
COURT, IN DIRECTING THAT A JUVENILE UNDER THE JUVENILE PROBATION7
OFFICER'S SUPERVISION MEET WITH THE JUVENILE PROBATION OFFICER ,8
THE PROBATION OFFICER SHALL:9
(I) S
CHEDULE, IN GOOD FAITH, MEETINGS WITH THE JUVENILE ON10
PROBATION AT MUTUALLY AGREEABLE TIMES THAT DO NOT CONFLICT11
WITH THE JUVENILE'S ESSENTIAL OBLIGATIONS , INCLUDING WORK ,12
EDUCATION, JOB TRAINING, DEPENDENT CARE, MEDICAL APPOINTMENTS,13
AND OTHER PROBATION REQUIREMENTS ; AND14
(II) A
LLOW A JUVENILE TO MEET WITH THE JUVENILE PROBATION15
OFFICER THROUGH A TELEPHONE CALL OR AUDIO -VISUAL COMMUNICATION16
TECHNOLOGY.17
SECTION 6. In Colorado Revised Statutes, 19-2.5-1108, amend18
(2)(a)(III) as follows:19
19-2.5-1108. Probation - terms - release - revocation -20
graduated responses system - rules - report - definition.21
(2) (a) Conditions of probation must be customized to each juvenile22
based on the guidelines developed by the committee on juvenile justice23
reform pursuant to section 24-33.5-2402, as it existed prior to its repeal24
in 2022. The court shall, as minimum conditions of probation, order that25
the juvenile:26
(III) Report to
MEET WITH a probation officer at reasonable times27
1445
-6- as directed by the court or probation officer. UNLESS INCONSISTENT WITH1
OTHER CONDITIONS IMPOSED BY THE COURT , THE COURT SHALL ALLOW A2
JUVENILE UNDER THE PROBATION OFFICER 'S SUPERVISION TO MEET WITH3
THE PROBATION OFFICER AT REASONABLE TIMES THROUGH A TELEPHONE4
CALL OR AUDIO -VISUAL COMMUNICATION TECHNOLOGY . UNLESS5
INCONSISTENT WITH OTHER CONDITIONS IMPOSED BY THE COURT , IN6
DIRECTING THAT A JUVENILE MEET WITH A PROBATION OFFICER AT7
REASONABLE TIMES, THE COURT OR THE PROBATION OFFICER SHALL8
SCHEDULE, IN GOOD FAITH, MEETINGS WITH THE JUVENILE ON PROBATION9
AT MUTUALLY AGREEABLE TIMES THAT DO NOT CONFLICT WITH THE10
JUVENILE'S ESSENTIAL OBLIGATIONS, INCLUDING WORK, EDUCATION, JOB11
TRAINING, DEPENDENT CARE, MEDICAL APPOINTMENTS , AND OTHER12
PROBATION REQUIREMENTS .13
SECTION 7. In Colorado Revised Statutes, 19-2.5-1201, amend14
(7) as follows:15
19-2.5-1201. Juvenile parole board - creation - membership -16
authority - rules. (7) (a) The board may grant, deny, defer, suspend,17
revoke, or specify or modify the conditions of any parole for any juvenile18
committed to the department of human services pursuant to section19
19-2.5-1103 or 19-2.5-1127 in a manner that is in the best interests of the20
juvenile and the public. In addition to any other conditions, the board may21
require, as a condition of parole, any adjudicated juvenile to attend school22
or an educational program or to work toward the attainment of a high23
school diploma or the successful completion of a high school equivalency24
examination, as that term is defined in section 22-33-102 (8.5); except25
that the board shall not require any such juvenile to attend a school from26
which the juvenile has been expelled without the prior approval of that27
1445
-7- school's local board of education. The board shall promulgate rules that1
establish criteria under which its parole decisions are made. The board2
has the duties and responsibilities specified in this part 12.3
(b) U
NLESS INCONSISTENT WITH OTHER CONDITIONS IMPOSED BY4
THE BOARD, THE BOARD SHALL ALLOW A JUVENILE TO HAVE PERIODIC5
MEETINGS WITH THE JUVENILE PAROLE OFFICER AT REASONABLE TIMES6
THROUGH A TELEPHONE CALL OR AUDIO -VISUAL COMMUNICATION7
TECHNOLOGY. UNLESS INCONSISTENT WITH OTHER CONDITIONS IMPOSED8
BY THE BOARD, IN DIRECTING THE JUVENILE TO HAVE PERIODIC MEETINGS9
WITH A JUVENILE PAROLE OFFICER AT REASONABLE TIMES , THE JUVENILE10
PAROLE OFFICER SHALL SCHEDULE , IN GOOD FAITH, THE MEETINGS WITH11
THE JUVENILE ON
PAROLE AT MUTUALLY AGREEABLE TIMES THAT DO NOT12
CONFLICT WITH THE JUVENILE 'S ESSENTIAL OBLIGATIONS, INCLUDING13
WORK, EDUCATION, JOB TRAINING, DEPENDENT CARE , MEDICAL14
APPOINTMENTS, AND OTHER PAROLE REQUIREMENTS .15
SECTION 8. In Colorado Revised Statutes, 19-2.5-1203, amend16
(1) as follows:17
19-2.5-1203. Juvenile parole - hearing panels - definition.18
(1) Juvenile parole board - hearing panels authority. (a) The juvenile19
parole board, established pursuant to section 19-2.5-1201, may grant,20
deny, defer, suspend, revoke, or specify or modify the conditions of any21
parole for any juvenile committed to the department of human services22
pursuant to sections 19-2.5-1103 and 19-2.5-1127. In addition to any23
other conditions, the board may require, as a condition of parole, any24
adjudicated juvenile to attend school or an educational program or to25
work toward the attainment of a high school diploma or the successful26
completion of a high school equivalency examination, as that term is27
1445
-8- defined in section 22-33-102 (8.5); except that the board shall not require1
any juvenile to attend a school from which the juvenile has been expelled2
without the prior approval of that school's local board of education. The3
board may modify any of its decisions, or those of the hearing panel,4
except an order of discharge.5
(b) U
NLESS INCONSISTENT WITH OTHER CONDITIONS IMPOSED BY6
THE BOARD, THE BOARD SHALL ALLOW A JUVENILE TO HAVE PERIODIC7
MEETINGS WITH A JUVENILE PAROLE OFFICER AT REAS ONABLE TIMES8
THROUGH A TELEPHONE CALL OR AUDIO -VISUAL COMMUNICATION9
TECHNOLOGY. UNLESS INCONSISTENT WITH OTHER CONDITIONS IMPOSED10
BY THE BOARD, IN DIRECTING THE JUVENILE TO HAVE PERIODIC MEETINGS11
WITH A JUVENILE PAROLE OFFICER AT REASONABLE TIMES , THE JUVENILE12
PAROLE OFFICER SHALL SCHEDULE , IN GOOD FAITH, MEETINGS WITH THE13
JUVENILE ON PAROLE AT MUTUALLY AGREEABLE TIMES THAT DO NOT14
CONFLICT WITH THE JUVENILE 'S ESSENTIAL OBLIGATIONS, INCLUDING15
WORK, EDUCATION, JOB TRAINING, DEPENDENT CARE , MEDICAL16
APPOINTMENTS, AND OTHER PAROLE REQUIREMENTS .17
SECTION 9. In Colorado Revised Statutes, 19-2.5-1204, amend18
(2) as follows:19
19-2.5-1204. Parole officers - powers - duties. (2) (a) The20
juvenile parole officer shall give to each juvenile granted parole a written21
statement of the conditions of the juvenile's parole, shall
explain such22
conditions fully, and shall aid the juvenile to observe them. The juvenile23
parole officer shall have periodic conferences MEETINGS with and reports24
from the juvenile. The juvenile parole officer may conduct such25
investigations or other activities as necessary to determine whether the26
conditions of parole are being met and to accomplish the juvenile's27
1445
-9- rehabilitation.1
(b) U
NLESS INCONSISTENT WITH OTHER CONDITIONS IMPOSED BY2
THE BOARD, IN DIRECTING THAT A JUVENILE ON
PAROLE HAVE A PERIODIC3
MEETING WITH A JUVENILE PAROLE OFFICER , THE JUVENILE PAROLE4
OFFICER SHALL:5
(I)
SCHEDULE, IN GOOD FAITH, MEETINGS WITH THE JUVENILE ON6
PAROLE AT MUTUALLY AGREEABLE TIMES THAT DO NOT CONFLICT WITH7
THE JUVENILE'S ESSENTIAL OBLIGATIONS INCLUDING WORK , EDUCATION,8
JOB TRAINING, DEPENDENT CARE, MEDICAL APPOINTMENTS, AND OTHER9
PAROLE REQUIREMENTS; AND10
(II) A
LLOW A JUVENILE TO MEET WITH A PAROLE OFFICER11
THROUGH A TELEPHONE CALL OR AUDIO -VISUAL COMMUNICATION12
TECHNOLOGY.13
SECTION 10. Act subject to petition - effective date. This act14
takes effect September 1, 2024; except that, if a referendum petition is15
filed pursuant to section 1 (3) of article V of the state constitution against16
this act or an item, section, or part of this act within the ninety-day period17
after final adjournment of the general assembly, then the act, item,18
section, or part will not take effect unless approved by the people at the19
general election to be held in November 2024 and, in such case, will take20
effect on the date of the official declaration of the vote thereon by the21
governor.22
1445
-10-