HOUSE BILL 24-1445
BY REPRESENTATIVE(S) Bacon and Armagost, Brown, Clifford, Duran,
Herod, Lindsay, Ortiz, Ricks, Rutinel, Vigil, Weissman, Woodrow;
also SENATOR(S) Gardner and Gonzales, Buckner, Kolker, Priola, Rodriguez
.
C
ONCERNING MEASURES RELATED TO SUPERVISION CONDITIONS .
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 13-1-142 as
follows:
13-1-142. Probation and parole supervision fee report. T
HE
STATE COURT ADMINISTRATOR SHALL ANNUALLY REPORT ON PROBATION
SUPERVISION FEES ASSESSED IN THE PREVIOUS YEAR DURING ITS
"SMART
A
CT" HEARING, REQUIRED PURSUANT TO SECTION 2-7-203. THE REPORT
MUST INCLUDE INFORMATION REGARDING PROBATION SUPERVISION FEES
,
THE AMOUNT OF THE FEE CHARGED PER MONTH , HOW MANY PEOPLE WERE
ASSESSED THE FEE
, AND THE TOTAL AMOUNT COLLECTED . PROBATION
DEPARTMENTS SHALL PROVIDE THE STATE COURT ADMINISTRATOR WITH ANY
INFORMATION REQUESTED BY THE STATE COURT ADMINISTRATOR TO
COMPLY WITH THIS SECTION
. THE DEPARTMENT OF CORRECTIONS SHALL
ANNUALLY REPORT ON PAROLE SUPERVISION FEES ASSESSED IN THE
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. PREVIOUS YEAR DURING ITS "SMART ACT" HEARING REQUIRED PURSUANT
TO SECTION
2-7-203. THE REPORT MUST INCLUDE INFORMATION REGARDING
PAROLE SUPERVISION FEES
, THE AMOUNT OF THE FEE CHARGED PER MONTH ,
HOW MANY PEOPLE WERE ASSESSED THE FEE , AND THE TOTAL AMOUNT
COLLECTED
.
SECTION 2. In Colorado Revised Statutes, 16-11-209, add (1.3)
as follows:
16-11-209. Duties of probation officers. (1.3) U
NLESS
INCONSISTENT WITH OTHER CONDITIONS IMPOSED BY THE COURT
, IN
DIRECTING THAT A PERSON ON PROBATION MEET WITH A PROBATION
OFFICER
, THE PROBATION OFFICER SHALL:
(a) S
CHEDULE, IN GOOD FAITH, MEETINGS WITH THE PERSON ON
PROBATION AT MUTUALLY AGREEABLE TIMES THAT DO NOT CONFLICT WITH
THE PERSON
'S ESSENTIAL OBLIGATIONS, INCLUDING WORK, EDUCATION, JOB
TRAINING
, DEPENDENT CARE , MEDICAL APPOINTMENTS , AND OTHER
PROBATION REQUIREMENTS
; AND
(b) ALLOW A PERSON ON PROBATION TO MEET WITH THE PROBATION
OFFICER THROUGH A TELEPHONE CALL OR AUDIO
-VISUAL COMMUNICATION
TECHNOLOGY
.
SECTION 3. In Colorado Revised Statutes, 17-2-201, amend
(5)(b), (5)(f)(I) introductory portion, and (5)(f)(I)(D); and add (4.5) and
(5)(f)(I)(D.5) as follows:
17-2-201. State board of parole - duties - definitions. (4.5) T
HE
BOARD MAY GRANT
, DENY, DEFER, SUSPEND, REVOKE, OR SPECIFY OR
MODIFY THE CONDITIONS OF ANY PAROLE FOR ANY DEFENDANT COMMITTED
TO THE DEPARTMENT OF CORRECTIONS IN A MANNER THAT IS IN THE BEST
INTERESTS OF THE DEFENDANT AND THE PUBLIC
.
(5) (b) (I) Conditions imposed for parole may include, but are not
limited to, requiring that the offender pay reasonable costs of supervision
of parole or placing the offender on home detention as defined in section
18-1.3-106 (1.1). C.R.S.
(II) THE BOARD SHALL NOT REVOKE PAROLE FOR LACK OF PAYMENT
PAGE 2-HOUSE BILL 24-1445 OF PAROLE SUPERVISION FEES.
(f) (I) As a condition of every parole, the parolee shall sign a written
agreement that contains such THE parole conditions as deemed appropriate
by the board. which conditions shall THE CONDITIONS MUST include, but
need not be ARE NOT limited to, the following:
(D) That the parolee shall make reports as directed by his or her
community parole officer, permit residential visits by the community parole
officer and allow the community parole officer to make searches of his or
her THE PAROLEE'S person, residence, or vehicle;
(D.5) T
HAT THE PAROLEE SHALL REPORT AS DIRECTED BY THE
COMMUNITY PAROLE OFFICER
. UNLESS INCONSISTENT WITH OTHER
CONDITIONS IMPOSED BY THE DIVISION OF ADULT PAROLE IN THE
DEPARTMENT OF CORRECTIONS
, THE DIVISION OF ADULT PAROLE SHALL
ALLOW A PAROLEE TO MEET WITH THE COMMUNITY PAROLE OFFICER
THROUGH A TELEP HONE CALL OR AUDIO
-VISUAL COMMUNICATION
TECHNOLOGY
. UNLESS INCONSISTENT WITH OTHER CONDITIONS IMPOSED BY
THE DIVISION OF ADULT PAROLE
, IN DIRECTING THE PAROLEE TO REPORT TO
THE COMMUNITY PAROLE OFFICER
, THE COMMUNITY PAROLE OFFICER SHALL
SCHEDULE
, IN GOOD FAITH, THE MEETING AT MUTUALLY AGREEABLE TIMES
WITH THE PAROLEE THAT DO NOT CONFLICT WITH THE PAROLEE
'S ESSENTIAL
OBLIGATIONS
, INCLUDING WORK, EDUCATION, JOB TRAINING, DEPENDENT
CARE
, MEDICAL APPOINTMENTS, AND OTHER PAROLE REQUIREMENTS .
SECTION 4. In Colorado Revised Statutes, 18-1.3-204, amend
(2)(a) introductory portion, (2)(a)(V), and (2)(a)(IX) as follows:
18-1.3-204. Conditions of probation - interstate compact
probation transfer cash fund - creation. (2) (a) When granting probation,
the court may, as a condition of
probation CONDITION, require that the
defendant:
(V) Pay reasonable costs of the court proceedings or costs of
supervision of probation, or both. T
HE COURT SHALL NOT REQUIRE A
DEFENDANT TO PAY PROBATION SUPERVISION FEES IN MORE THAN ONE CASE
WHEN THE DEFENDANT IS GRANTED PROBATION IN MULTIPLE CASES
. The
probation supervision fee shall be
IS fifty dollars per month for the length
of ordered probation. Notwithstanding the amount specified in this
PAGE 3-HOUSE BILL 24-1445 subparagraph (V) SUBSECTION (2)(a)(V), the court may lower OR WAIVE
COURT COSTS AND
the costs of supervision of probation to an amount thedefendant will be able to pay FOR AN INDIGENT DEFENDANT. The court shall
fix the manner of performance for payment of the fee. If the defendant
receives probation services from a private provider, the court shall order the
defendant to pay the probation supervision fee directly to the provider. The
fee shall be imposed for the length of ordered probation.
(IX) Report to
MEET WITH a probation officer at reasonable times
as directed by the court or the probation officer. U
NLESS INCONSISTENT
WITH OTHER CONDITIONS IMPOSED BY THE COURT
, THE COURT SHALL ALLOW
A PERSON ON PROBATION TO MEET WITH A PROBATION OFFICER AT
REASONABLE TIMES THROUGH A TELEPHONE CALL OR AUDIO
-VISUAL
COMMUNICATION TECHNOLOGY
. UNLESS INCONSISTENT WITH OTHER
CONDITIONS IMPOSED BY THE COURT
, IN DIRECTING THAT A PERSON ON
PROBATION MEET WITH A PROBATION OFFICER AT REASONABLE TIMES
, THE
COURT OR THE PROBATION OFFICER SHALL SCHEDULE
, IN GOOD FAITH, THE
MEETING WITH THE PERSON ON PROBATION AT MUTUALLY AGREEABLE TIMES
THAT DO NOT CONFLICT WITH THE PERSON
'S ESSENTIAL OBLIGATIONS,
INCLUDING WORK, EDUCATION, JOB TRAINING, DEPENDENT CARE, MEDICAL
APPOINTMENTS
, AND OTHER PROBATION REQUIREMENTS .
SECTION 5. In Colorado Revised Statutes, 19-2.5-1107, add (3)(d)
as follows:
19-2.5-1107. Juvenile probation officers - powers and duties.
(3) (d) U
NLESS INCONSISTENT WITH OTHER CONDITIONS IMPOSED BY THE
COURT
, IN DIRECTING THAT A JUVENILE UNDER THE JUVENILE PROBATION
OFFICER
'S SUPERVISION MEET WITH THE JUVENILE PROBATION OFFICER , THE
PROBATION OFFICER SHALL
:
(I) S
CHEDULE, IN GOOD FAITH, MEETINGS WITH THE JUVENILE ON
PROBATION AT MUTUALLY AGREEABLE TIMES THAT DO NOT CONFLICT WITH
THE JUVENILE
'S ESSENTIAL OBLIGATIONS, INCLUDING WORK, EDUCATION, JOB
TRAINING
, DEPENDENT CARE , MEDICAL APPOINTMENTS , AND OTHER
PROBATION REQUIREMENTS
; AND
(II) ALLOW A JUVENILE TO MEET WITH THE JUVENILE PROBATION
OFFICER THROUGH A TELEPHONE CALL OR AUDIO
-VISUAL COMMUNICATION
TECHNOLOGY
.
PAGE 4-HOUSE BILL 24-1445 SECTION 6. In Colorado Revised Statutes, 19-2.5-1108, amend
(2)(a)(III) as follows:
19-2.5-1108. Probation - terms - release - revocation - graduated
responses system - rules - report - definition. (2) (a) Conditions of
probation must be customized to each juvenile based on the guidelines
developed by the committee on juvenile justice reform pursuant to section
24-33.5-2402, as it existed prior to its repeal in 2022. The court shall, as
minimum conditions of probation, order that the juvenile:
(III) Report to
MEET WITH a probation officer at reasonable times as
directed by the court or probation officer. U
NLESS INCONSISTENT WITH
OTHER CONDITIONS IMPOSED BY THE COURT
, THE COURT SHALL ALLOW A
JUVENILE UNDER THE PROBATION OFFICER
'S SUPERVISION TO MEET WITH THE
PROBATION OFFICER AT REASONABLE TIMES THROUGH A TELEPHONE CALL OR
AUDIO
-VISUAL COMMUNICATION TECHNOLOGY . UNLESS INCONSISTENT WITH
OTHER CONDITIONS IMPOSED BY THE COURT
, IN DIRECTING THAT A JUVENILE
MEET WITH A PROBATION OFFICER AT REASONABLE TIMES
, THE COURT OR
THE PROBATION OFFICER SHALL SCHEDULE
, IN GOOD FAITH, MEETINGS WITH
THE JUVENILE ON PROBATION AT MUTUALLY AGREEABLE TIMES THAT DO NOT
CONFLICT WITH THE JUVENILE
'S ESSENTIAL OBLIGATIONS, INCLUDING WORK,
EDUCATION, JOB TRAINING, DEPENDENT CARE, MEDICAL APPOINTMENTS, AND
OTHER PROBATION REQUIREMENTS
.
SECTION 7. In Colorado Revised Statutes, 19-2.5-1201, amend
(7) as follows:
19-2.5-1201. Juvenile parole board - creation - membership -
authority - rules. (7) (a) The board may grant, deny, defer, suspend,
revoke, or specify or modify the conditions of any parole for any juvenile
committed to the department of human services pursuant to section
19-2.5-1103 or 19-2.5-1127 in a manner that is in the best interests of the
juvenile and the public. In addition to any other conditions, the board may
require, as a condition of parole, any adjudicated juvenile to attend school
or an educational program or to work toward the attainment of a high school
diploma or the successful completion of a high school equivalency
examination, as that term is defined in section 22-33-102 (8.5); except that
the board shall not require any such juvenile to attend a school from which
the juvenile has been expelled without the prior approval of that school's
local board of education. The board shall promulgate rules that establish
PAGE 5-HOUSE BILL 24-1445 criteria under which its parole decisions are made. The board has the duties
and responsibilities specified in this part 12.
(b) U
NLESS INCONSISTENT WITH OTHER CONDITIONS IMPOSED BY THE
BOARD
, THE BOARD SHALL ALLOW A JUVENILE TO HAVE PERIODIC MEETINGS
WITH THE JUVENILE PAROLE OFFICER AT REASONABLE TIMES THROUGH A
TELEPHONE CALL OR AUDIO
-VISUAL COMMUNICATION TECHNOLOGY . UNLESS
INCONSISTENT WITH OTHER CONDITIONS IMPOSED BY THE BOARD
, IN
DIRECTING THE JUVENILE TO HAVE PERIODIC MEETINGS WITH A JUVENILE
PAROLE OFFICER AT REASONABLE TIMES
, THE JUVENILE PAROLE OFFICER
SHALL SCHEDULE
, IN GOOD FAITH, THE MEETINGS WITH THE JUVENILE ON
PAROLE AT MUTUALLY AGREEABLE TIMES THAT DO NOT CONFLICT WITH THE
JUVENILE
'S ESSENTIAL OBLIGATIONS, INCLUDING WORK, EDUCATION, JOB
TRAINING
, DEPENDENT CARE, MEDICAL APPOINTMENTS, AND OTHER PAROLE
REQUIREMENTS
.
SECTION 8. In Colorado Revised Statutes, 19-2.5-1203, amend
(1) as follows:
19-2.5-1203. Juvenile parole - hearing panels - definition.
(1) Juvenile parole board - hearing panels authority. (a) The juvenile
parole board, established pursuant to section 19-2.5-1201, may grant, deny,
defer, suspend, revoke, or specify or modify the conditions of any parole for
any juvenile committed to the department of human services pursuant to
sections 19-2.5-1103 and 19-2.5-1127. In addition to any other conditions,
the board may require, as a condition of parole, any adjudicated juvenile to
attend school or an educational program or to work toward the attainment
of a high school diploma or the successful completion of a high school
equivalency examination, as that term is defined in section 22-33-102 (8.5);
except that the board shall not require any juvenile to attend a school from
which the juvenile has been expelled without the prior approval of that
school's local board of education. The board may modify any of its
decisions, or those of the hearing panel, except an order of discharge.
(b) U
NLESS INCONSISTENT WITH OTHER CONDITIONS IMPOSED BY THE
BOARD
, THE BOARD SHALL ALLOW A JUVENILE TO HAVE PERIODIC MEETINGS
WITH A JUVENILE PAROLE OFFICER AT REASONABLE TIMES THROUGH A
TELEPHONE CALL OR AUDIO
-VISUAL COMMUNICATION TECHNOLOGY . UNLESS
INCONSISTENT WITH OTHER CONDITIONS IMPOSED BY THE BOARD
, IN
DIRECTING THE JUVENILE TO HAVE PERIODIC MEETINGS WITH A JUVENILE
PAGE 6-HOUSE BILL 24-1445 PAROLE OFFICER AT REASONABLE TIMES , THE JUVENILE PAROLE OFFICER
SHALL SCHEDULE
, IN GOOD FAITH, MEETINGS WITH THE JUVENILE ON PAROLE
AT MUTUALLY AGREEABLE TIMES THAT DO NOT CONFLICT WITH THE
JUVENILE
'S ESSENTIAL OBLIGATIONS, INCLUDING WORK, EDUCATION, JOB
TRAINING
, DEPENDENT CARE, MEDICAL APPOINTMENTS, AND OTHER PAROLE
REQUIREMENTS
.
SECTION 9. In Colorado Revised Statutes, 19-2.5-1204, amend
(2) as follows:
19-2.5-1204. Parole officers - powers - duties. (2) (a) The juvenile
parole officer shall give to each juvenile granted parole a written statement
of the conditions of the juvenile's parole, shall
explain such conditions fully,
and shall aid the juvenile to observe them. The juvenile parole officer shall
have periodic conferences MEETINGS with and reports from the juvenile.
The juvenile parole officer may conduct such investigations or other
activities as necessary to determine whether the conditions of parole are
being met and to accomplish the juvenile's rehabilitation.
(b) U
NLESS INCONSISTENT WITH OTHER CONDITIONS IMPOSED BY THE
BOARD
, IN DIRECTING THAT A JUVENILE ON PAROLE HAVE A PERIODIC
MEETING WITH A JUVENILE PAROLE OFFICER
, THE JUVENILE PAROLE OFFICER
SHALL
:
(I) S
CHEDULE, IN GOOD FAITH, MEETINGS WITH THE JUVENILE ON
PAROLE AT MUTUALLY AGREEABLE TIMES THAT DO NOT CONFLICT WITH THE
JUVENILE
'S ESSENTIAL OBLIGATIONS INCLUDING WORK , EDUCATION, JOB
TRAINING
, DEPENDENT CARE, MEDICAL APPOINTMENTS, AND OTHER PAROLE
REQUIREMENTS
; AND
(II) ALLOW A JUVENILE TO MEET WITH A PAROLE OFFICER THROUGH
A TELEPHONE CALL OR AUDIO
-VISUAL COMMUNICATION TECHNOLOGY .
SECTION 10. Act subject to petition - effective date. This act
takes effect September 1, 2024; except that, if a referendum petition is filed
pursuant to section 1 (3) of article V of the state constitution against this act
or an item, section, or part of this act within the ninety-day period after final
adjournment of the general assembly, then the act, item, section, or part will
PAGE 7-HOUSE BILL 24-1445 not take effect unless approved by the people at the general election to be
held in November 2024 and, in such case, will take effect on the date of the
official declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 8-HOUSE BILL 24-1445