Colorado 2024 Regular Session

Colorado House Bill HB1445 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 24-1155.01 Michael Dohr x4347
1	8		HOUSE BILL 24-1445
2		-	BY REPRESENTATIVE(S) Bacon and Armagost, Brown, Clifford, Duran,
3		-	Herod, Lindsay, Ortiz, Ricks, Rutinel, Vigil, Weissman, Woodrow;
4		-	also SENATOR(S) Gardner and Gonzales, Buckner, Kolker, Priola, Rodriguez
5		-	.
	9	+	House Committees Senate Committees
	10	+	Judiciary Judiciary
	11	+	A BILL FOR AN ACT
6	12		C
7		-	ONCERNING MEASURES RELATED TO SUPERVISION CONDITIONS .
8		-	Be it enacted by the General Assembly of the State of Colorado:
9		-	SECTION 1. In Colorado Revised Statutes, add 13-1-142 as
10		-	follows:
11		-	13-1-142. Probation and parole supervision fee report. T
12		-	HE
13		-	STATE COURT ADMINISTRATOR SHALL ANNUALLY REPORT ON PROBATION
14		-	SUPERVISION FEES ASSESSED IN THE PREVIOUS YEAR DURING ITS
	13	+	ONCERNING MEASURES RELATED TO SUPERVISION CONDITIONS . 101
	14	+	Bill Summary
	15	+	(Note: This summary applies to this bill as introduced and does
	16	+	not reflect any amendments that may be subsequently adopted. If this bill
	17	+	passes third reading in the house of introduction, a bill summary that
	18	+	applies to the reengrossed version of this bill will be available at
	19	+	http://leg.colorado.gov
	20	+	.)
	21	+	The bill requires the state court administrator to annually report on
	22	+	probation and parole supervision fees assessed in the previous year during
	23	+	its "SMART Act" hearing.
	24	+	Unless inconsistent with another probation condition, the bill
	25	+	requires the court to allow an adult or juvenile on probation to meet with
	26	+	the probation officer through a telephone call or audio-visual
	27	+	communication technology. Furthermore, when scheduling probation
	28	+	meetings, the probation officer is required to schedule, in good faith, a
	29	+	SENATE
	30	+	3rd Reading Unamended
	31	+	May 2, 2024
	32	+	SENATE
	33	+	2nd Reading Unamended
	34	+	May 1, 2024
	35	+	HOUSE
	36	+	3rd Reading Unamended
	37	+	April 22, 2024
	38	+	HOUSE
	39	+	Amended 2nd Reading
	40	+	April 20, 2024
	41	+	HOUSE SPONSORSHIP
	42	+	Bacon and Armagost, Brown, Clifford, Duran, Herod, Lindsay, Ortiz, Ricks, Rutinel,
	43	+	Vigil, Weissman, Woodrow
	44	+	SENATE SPONSORSHIP
	45	+	Gardner and Gonzales, Buckner, Kolker, Priola, Rodriguez
	46	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	47	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	48	+	Dashes through the words or numbers indicate deletions from existing law. mutually agreeable time for the meeting that does not conflict with the
	49	+	adult's or juvenile's essential obligations.
	50	+	Unless inconsistent with another parole condition, the bill requires
	51	+	the parole board to allow an adult or juvenile on parole to report to the
	52	+	parole officer through a telephone call or audio-visual communication
	53	+	technology. Furthermore, when scheduling parole meetings, a parole
	54	+	officer is required to schedule, in good faith, a mutually agreeable time
	55	+	for the meeting that does not conflict with the adult's or juvenile's
	56	+	essential obligations.
	57	+	The bill eliminates non-payment of probation or parole fees as a
	58	+	grounds for the revocation of probation or parole.
	59	+	Be it enacted by the General Assembly of the State of Colorado:1
	60	+	SECTION 1. In Colorado Revised Statutes, add 13-1-141 as2
	61	+	follows:3
	62	+	13-1-141. Probation and parole supervision fee report. T
	63	+	HE4
	64	+	STATE COURT ADMINISTRATOR SHALL ANNUALLY REPORT ON PROBATION 5
	65	+	SUPERVISION FEES ASSESSED IN THE PREVIOUS YEAR DURING ITS6
15	66		"SMART
16		-	A
17		-	CT" HEARING, REQUIRED PURSUANT TO SECTION 2-7-203. THE REPORT
18		-	MUST INCLUDE INFORMATION REGARDING PROBATION SUPERVISION FEES
19		-	,
20		-	THE AMOUNT OF THE FEE CHARGED PER MONTH , HOW MANY PEOPLE WERE
21		-	ASSESSED THE FEE
22		-	, AND THE TOTAL AMOUNT COLLECTED . PROBATION
23		-	DEPARTMENTS SHALL PROVIDE THE STATE COURT ADMINISTRATOR WITH ANY
24		-	INFORMATION REQUESTED BY THE STATE COURT ADMINISTRATOR TO
25		-	COMPLY WITH THIS SECTION
26		-	. THE DEPARTMENT OF CORRECTIONS SHALL
27		-	ANNUALLY REPORT ON PAROLE SUPERVISION FEES ASSESSED IN THE
28		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
29		-	officers and the Governor. To determine whether the Governor has signed the bill
30		-	or taken other action on it, please consult the legislative status sheet, the legislative
31		-	history, or the Session Laws.
32		-	________
33		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
34		-	through words or numbers indicate deletions from existing law and such material is not part of
35		-	the act. PREVIOUS YEAR DURING ITS "SMART ACT" HEARING REQUIRED PURSUANT
36		-	TO SECTION
37		-	2-7-203. THE REPORT MUST INCLUDE INFORMATION REGARDING
38		-	PAROLE SUPERVISION FEES
39		-	, THE AMOUNT OF THE FEE CHARGED PER MONTH ,
40		-	HOW MANY PEOPLE WERE ASSESSED THE FEE , AND THE TOTAL AMOUNT
41		-	COLLECTED
42		-	.
43		-	SECTION 2. In Colorado Revised Statutes, 16-11-209, add (1.3)
44		-	as follows:
	67	+	ACT" HEARING, REQUIRED PURSUANT TO SECTION 2-7-203. THE7
	68	+	REPORT MUST INCLUDE INFORMATION REGARDING PROBATION8SUPERVISION FEES, THE AMOUNT OF THE FEE CHARGED PER MONTH , HOW9
	69	+	MANY PEOPLE WERE ASSESSED THE FEE , AND THE TOTAL AMOUNT10
	70	+	COLLECTED. PROBATION DEPARTMENTS SHALL PROVIDE THE STATE11
	71	+	COURT ADMINISTRATOR WITH ANY INFORMATION REQUESTED BY THE12
	72	+	STATE COURT ADMINISTRATOR TO COMPLY WITH THIS SECTION . THE13
	73	+	DEPARTMENT OF CORRECTIONS SHALL ANNUALLY REPORT ON PAROLE14
	74	+	SUPERVISION FEES ASSESSED IN THE PREVIOUS YEAR DURING ITS "SMART15
	75	+	ACT" HEARING REQUIRED PURSUANT TO SECTION 2-7-203. THE REPORT16
	76	+	MUST INCLUDE INFORMATION REGARDING PAROLE SUPERVISION FEES , THE17
	77	+	AMOUNT OF THE FEE CHARGED PER MONTH, HOW MANY PEOPLE WERE18
	78	+	ASSESSED THE FEE, AND THE TOTAL AMOUNT COLLECTED .19
	79	+	1445-2- SECTION 2. In Colorado Revised Statutes, 16-11-209, add (1.3)1
	80	+	as follows:2
45	81		16-11-209. Duties of probation officers. (1.3) U
46		-	NLESS
47		-	INCONSISTENT WITH OTHER CONDITIONS IMPOSED BY THE COURT
48		-	, IN
49		-	DIRECTING THAT A PERSON ON PROBATION MEET WITH A PROBATION
50		-	OFFICER
51		-	, THE PROBATION OFFICER SHALL:
	82	+	NLESS3
	83	+	INCONSISTENT WITH OTHER CONDITIONS IMPOSED BY THE COURT , IN4
	84	+	DIRECTING THAT A PERSON ON PROBATION MEET WITH A PROBATION5
	85	+	OFFICER, THE PROBATION OFFICER SHALL:6
52	86		(a) S
53		-	CHEDULE, IN GOOD FAITH, MEETINGS WITH THE PERSON ON
54		-	PROBATION AT MUTUALLY AGREEABLE TIMES THAT DO NOT CONFLICT WITH
55		-	THE PERSON
56		-	'S ESSENTIAL OBLIGATIONS, INCLUDING WORK, EDUCATION, JOB
57		-	TRAINING
58		-	, DEPENDENT CARE , MEDICAL APPOINTMENTS , AND OTHER
59		-	PROBATION REQUIREMENTS
60		-	; AND
61		-	(b) ALLOW A PERSON ON PROBATION TO MEET WITH THE PROBATION
62		-	OFFICER THROUGH A TELEPHONE CALL OR AUDIO
63		-	-VISUAL COMMUNICATION
64		-	TECHNOLOGY
65		-	.
66		-	SECTION 3. In Colorado Revised Statutes, 17-2-201, amend
67		-	(5)(b), (5)(f)(I) introductory portion, and (5)(f)(I)(D); and add (4.5) and
68		-	(5)(f)(I)(D.5) as follows:
	87	+	CHEDULE, IN GOOD FAITH, MEETINGS WITH THE PERSON ON7
	88	+	PROBATION AT MUTUALLY AGREEABLE TIMES THAT DO NOT CONFLICT8
	89	+	WITH THE PERSON 'S ESSENTIAL OBLIGATIONS , INCLUDING WORK ,9
	90	+	EDUCATION, JOB TRAINING, DEPENDENT CARE, MEDICAL APPOINTMENTS,10
	91	+	AND OTHER PROBATION REQUIREMENTS ; AND11
	92	+	(b) A
	93	+	LLOW A PERSON ON PROBATION TO MEET WITH THE12
	94	+	PROBATION OFFICER THROUGH A TELEPHONE CALL OR AUDIO -VISUAL13
	95	+	COMMUNICATION TECHNOLOGY .14
	96	+	SECTION 3. In Colorado Revised Statutes, 17-2-201, amend15
	97	+	(5)(b), (5)(f)(I) introductory portion, and (5)(f)(I)(D); and add (4.5) and16
	98	+	(5)(f)(I)(D.5) as follows:17
69	99		17-2-201. State board of parole - duties - definitions. (4.5) T
70		-	HE
71		-	BOARD MAY GRANT
72		-	, DENY, DEFER, SUSPEND, REVOKE, OR SPECIFY OR
73		-	MODIFY THE CONDITIONS OF ANY PAROLE FOR ANY DEFENDANT COMMITTED
74		-	TO THE DEPARTMENT OF CORRECTIONS IN A MANNER THAT IS IN THE BEST
75		-	INTERESTS OF THE DEFENDANT AND THE PUBLIC
76		-	.
77		-	(5) (b) (I) Conditions imposed for parole may include, but are not
	100	+	HE18
	101	+	BOARD MAY GRANT , DENY, DEFER, SUSPEND, REVOKE, OR SPECIFY OR19
	102	+	MODIFY THE CONDITIONS OF ANY PAROLE FOR ANY DEFENDANT20
	103	+	COMMITTED TO THE DEPARTMENT OF CORRECTIONS IN A MANNER THAT IS21
	104	+	IN THE BEST INTERESTS OF THE DEFENDANT AND THE PUBLIC .22
	105	+	(5) (b) (I) Conditions imposed for parole may include, but are not23
78	106		limited to, requiring that the offender pay reasonable costs of supervision
79		-	of parole or placing the offender on home detention as defined in section
80		-	18-1.3-106 (1.1). C.R.S.
81		-	(II) THE BOARD SHALL NOT REVOKE PAROLE FOR LACK OF PAYMENT
82		-	PAGE 2-HOUSE BILL 24-1445 OF PAROLE SUPERVISION FEES.
83		-	(f) (I) As a condition of every parole, the parolee shall sign a written
84		-	agreement that contains such THE parole conditions as deemed appropriate
85		-	by the board. which conditions shall THE CONDITIONS MUST include, but
86		-	need not be ARE NOT limited to, the following:
87		-	(D) That the parolee shall make reports as directed by his or her
88		-	community parole officer, permit residential visits by the community parole
89		-	officer and allow the community parole officer to make searches of his or
90		-	her THE PAROLEE'S person, residence, or vehicle;
	107	+	24
	108	+	of parole or placing the offender on home detention as defined in section25
	109	+	18-1.3-106 (1.1). C.R.S.26
	110	+	(II) T
	111	+	HE BOARD SHALL NOT REVOKE PAROLE FOR LACK OF27
	112	+	1445
	113	+	-3- PAYMENT OF PAROLE SUPERVISION FEES .1
	114	+	(f) (I) As a condition of every parole, the parolee shall sign a2
	115	+	written agreement that contains such THE parole conditions as deemed3
	116	+	appropriate by the board. which conditions shall THE CONDITIONS MUST4
	117	+	include, but need not be ARE NOT limited to, the following:5
	118	+	(D) That the parolee shall make reports as directed by his or her6
	119	+	community parole officer, permit residential visits by the community7
	120	+	parole officer and allow the community parole officer to make searches8
	121	+	of his or her THE PAROLEE'S person, residence, or vehicle;9
91	122		(D.5) T
92		-	HAT THE PAROLEE SHALL REPORT AS DIRECTED BY THE
93		-	COMMUNITY PAROLE OFFICER
94		-	. UNLESS INCONSISTENT WITH OTHER
95		-	CONDITIONS IMPOSED BY THE DIVISION OF ADULT PAROLE IN THE
96		-	DEPARTMENT OF CORRECTIONS
97		-	, THE DIVISION OF ADULT PAROLE SHALL
98		-	ALLOW A PAROLEE TO MEET WITH THE COMMUNITY PAROLE OFFICER
99		-	THROUGH A TELEP HONE CALL OR AUDIO
100		-	-VISUAL COMMUNICATION
101		-	TECHNOLOGY
102		-	. UNLESS INCONSISTENT WITH OTHER CONDITIONS IMPOSED BY
103		-	THE DIVISION OF ADULT PAROLE
104		-	, IN DIRECTING THE PAROLEE TO REPORT TO
105		-	THE COMMUNITY PAROLE OFFICER
106		-	, THE COMMUNITY PAROLE OFFICER SHALL
107		-	SCHEDULE
108		-	, IN GOOD FAITH, THE MEETING AT MUTUALLY AGREEABLE TIMES
109		-	WITH THE PAROLEE THAT DO NOT CONFLICT WITH THE PAROLEE
110		-	'S ESSENTIAL
111		-	OBLIGATIONS
112		-	, INCLUDING WORK, EDUCATION, JOB TRAINING, DEPENDENT
113		-	CARE
114		-	, MEDICAL APPOINTMENTS, AND OTHER PAROLE REQUIREMENTS .
115		-	SECTION 4. In Colorado Revised Statutes, 18-1.3-204, amend
116		-	(2)(a) introductory portion, (2)(a)(V), and (2)(a)(IX) as follows:
117		-	18-1.3-204. Conditions of probation - interstate compact
118		-	probation transfer cash fund - creation. (2) (a) When granting probation,
119		-	the court may, as a condition of
120		-	probation CONDITION, require that the
121		-	defendant:
122		-	(V) Pay reasonable costs of the court proceedings or costs of
123		-	supervision of probation, or both. T
124		-	HE COURT SHALL NOT REQUIRE A
125		-	DEFENDANT TO PAY PROBATION SUPERVISION FEES IN MORE THAN ONE CASE
126		-	WHEN THE DEFENDANT IS GRANTED PROBATION IN MULTIPLE CASES
127		-	. The
128		-	probation supervision fee shall be
129		-	IS fifty dollars per month for the length
130		-	of ordered probation. Notwithstanding the amount specified in this
131		-	PAGE 3-HOUSE BILL 24-1445 subparagraph (V) SUBSECTION (2)(a)(V), the court may lower OR WAIVE
132		-	COURT COSTS AND
133		-	the costs of supervision of probation to an amount thedefendant will be able to pay FOR AN INDIGENT DEFENDANT. The court shall
134		-	fix the manner of performance for payment of the fee. If the defendant
135		-	receives probation services from a private provider, the court shall order the
136		-	defendant to pay the probation supervision fee directly to the provider. The
137		-	fee shall be imposed for the length of ordered probation.
138		-	(IX) Report to
139		-	MEET WITH a probation officer at reasonable times
	123	+	HAT THE PAROLEE SHALL REPORT AS DIRECTED BY THE10
	124	+	COMMUNITY PAROLE OFFICER . UNLESS INCONSISTENT WITH OTHER11 CONDITIONS IMPOSED BY THE DIVISION OF ADULT PAROLE IN THE12
	125	+	DEPARTMENT OF CORRECTIONS, THE DIVISION OF ADULT PAROLE SHALL13
	126	+	ALLOW A PAROLEE TO MEET WITH THE COMMUNITY PAROLE OFFICER14
	127	+	THROUGH A TELEPHONE CALL OR AUDIO -VISUAL COMMUNICATION15
	128	+	TECHNOLOGY. UNLESS INCONSISTENT WITH OTHER CONDITIONS IMPOSED16
	129	+	BY THE DIVISION OF ADULT PAROLE, IN DIRECTING THE PAROLEE TO17
	130	+	REPORT TO THE COMMUNITY PAROLE OFFICER , THE COMMUNITY PAROLE18
	131	+	OFFICER SHALL SCHEDULE, IN GOOD FAITH, THE MEETING AT MUTUALLY19
	132	+	AGREEABLE TIMES WITH THE PAROLEE THAT DO NOT CONFLICT WITH THE20
	133	+	PAROLEE'S ESSENTIAL OBLIGATIONS, INCLUDING WORK, EDUCATION, JOB21
	134	+	TRAINING, DEPENDENT CARE, MEDICAL APPOINTMENTS , AND OTHER22
	135	+	PAROLE REQUIREMENTS.23
	136	+	SECTION 4. In Colorado Revised Statutes, 18-1.3-204, amend24
	137	+	(2)(a) introductory portion, (2)(a)(V), and (2)(a)(IX) as follows:25
	138	+	18-1.3-204. Conditions of probation - interstate compact26
	139	+	probation transfer cash fund - creation. (2) (a) When granting27
	140	+	1445
	141	+	-4- probation, the court may, as a condition of probation CONDITION, require1
	142	+	that the defendant:2
	143	+	(V) Pay reasonable costs of the court proceedings or costs of3
	144	+	supervision of probation, or both. THE COURT SHALL NOT REQUIRE A4
	145	+	DEFENDANT TO PAY PROBATION SUPERVISION FEES IN MORE T HAN ONE5
	146	+	CASE WHEN THE DEFENDANT IS GRANTED PROBATION IN MULTIPLE CASES.6
	147	+	The probation supervision fee shall be IS fifty dollars per month for the7
	148	+	length of ordered probation. Notwithstanding the amount specified in this8
	149	+	subparagraph (V) SUBSECTION (2)(a)(V), the court may lower OR WAIVE9
	150	+	COURT COSTS AND the costs of supervision of probation to an amount the10
	151	+	defendant will be able to pay FOR AN INDIGENT DEFENDANT . The court11
	152	+	shall fix the manner of performance for payment of the fee. If the12
	153	+	defendant receives probation services from a private provider, the court13
	154	+	shall order the defendant to pay the probation supervision fee directly to14
	155	+	the provider. The fee shall be imposed for the length of ordered15
	156	+	probation.16
	157	+	(IX) Report to MEET WITH a probation officer at reasonable times17
140	158		as directed by the court or the probation officer. U
141		-	NLESS INCONSISTENT
142		-	WITH OTHER CONDITIONS IMPOSED BY THE COURT
143		-	, THE COURT SHALL ALLOW
144		-	A PERSON ON PROBATION TO MEET WITH A PROBATION OFFICER AT
145		-	REASONABLE TIMES THROUGH A TELEPHONE CALL OR AUDIO
146		-	-VISUAL
147		-	COMMUNICATION TECHNOLOGY
148		-	. UNLESS INCONSISTENT WITH OTHER
149		-	CONDITIONS IMPOSED BY THE COURT
150		-	, IN DIRECTING THAT A PERSON ON
151		-	PROBATION MEET WITH A PROBATION OFFICER AT REASONABLE TIMES
152		-	, THE
153		-	COURT OR THE PROBATION OFFICER SHALL SCHEDULE
154		-	, IN GOOD FAITH, THE
155		-	MEETING WITH THE PERSON ON PROBATION AT MUTUALLY AGREEABLE TIMES
156		-	THAT DO NOT CONFLICT WITH THE PERSON
157		-	'S ESSENTIAL OBLIGATIONS,
158		-	INCLUDING WORK, EDUCATION, JOB TRAINING, DEPENDENT CARE, MEDICAL
159		-	APPOINTMENTS
160		-	, AND OTHER PROBATION REQUIREMENTS .
161		-	SECTION 5. In Colorado Revised Statutes, 19-2.5-1107, add (3)(d)
162		-	as follows:
163		-	19-2.5-1107. Juvenile probation officers - powers and duties.
	159	+	NLESS INCONSISTENT18
	160	+	WITH OTHER CONDITIONS IMPOSED BY THE COURT , THE COURT SHALL19
	161	+	ALLOW A PERSON ON PROBATION TO MEET WITH A PROBATION OFFICER AT20
	162	+	REASONABLE TIMES THROUGH A TELEPHONE CALL OR AUDIO -VISUAL21
	163	+	COMMUNICATION TECHNOLOGY . UNLESS INCONSISTENT WITH OTHER22
	164	+	CONDITIONS IMPOSED BY THE COURT , IN DIRECTING THAT A PERSON ON23
	165	+	PROBATION MEET WITH A PROBATION OFFICER AT REASONABLE TIMES , THE24
	166	+	COURT OR THE PROBATION OFFICER SHALL SCHEDULE , IN GOOD FAITH, THE25
	167	+	MEETING WITH THE PERSON ON PROBATION AT MUTUALLY AGREEABLE26
	168	+	TIMES THAT DO NOT CONFLICT WITH THE PERSON 'S ESSENTIAL27
	169	+	1445
	170	+	-5- OBLIGATIONS, INCLUDING WORK, EDUCATION, JOB TRAINING, DEPENDENT1
	171	+	CARE, MEDICAL APPOINTMENTS, AND OTHER PROBATION REQUIREMENTS .2
	172	+	SECTION 5. In Colorado Revised Statutes, 19-2.5-1107, add3
	173	+	(3)(d) as follows:4
	174	+	19-2.5-1107. Juvenile probation officers - powers and duties.5
164	175		(3) (d) U
165		-	NLESS INCONSISTENT WITH OTHER CONDITIONS IMPOSED BY THE
166		-	COURT
167		-	, IN DIRECTING THAT A JUVENILE UNDER THE JUVENILE PROBATION
168		-	OFFICER
169		-	'S SUPERVISION MEET WITH THE JUVENILE PROBATION OFFICER , THE
170		-	PROBATION OFFICER SHALL
171		-	:
	176	+	NLESS INCONSISTENT WITH OTHER CONDITIONS IMPOSED BY THE6
	177	+	COURT, IN DIRECTING THAT A JUVENILE UNDER THE JUVENILE PROBATION7
	178	+	OFFICER'S SUPERVISION MEET WITH THE JUVENILE PROBATION OFFICER ,8
	179	+	THE PROBATION OFFICER SHALL:9
172	180		(I) S
173		-	CHEDULE, IN GOOD FAITH, MEETINGS WITH THE JUVENILE ON
174		-	PROBATION AT MUTUALLY AGREEABLE TIMES THAT DO NOT CONFLICT WITH
175		-	THE JUVENILE
176		-	'S ESSENTIAL OBLIGATIONS, INCLUDING WORK, EDUCATION, JOB
177		-	TRAINING
178		-	, DEPENDENT CARE , MEDICAL APPOINTMENTS , AND OTHER
179		-	PROBATION REQUIREMENTS
180		-	; AND
181		-	(II) ALLOW A JUVENILE TO MEET WITH THE JUVENILE PROBATION
182		-	OFFICER THROUGH A TELEPHONE CALL OR AUDIO
183		-	-VISUAL COMMUNICATION
184		-	TECHNOLOGY
185		-	.
186		-	PAGE 4-HOUSE BILL 24-1445 SECTION 6. In Colorado Revised Statutes, 19-2.5-1108, amend
187		-	(2)(a)(III) as follows:
188		-	19-2.5-1108. Probation - terms - release - revocation - graduated
189		-	responses system - rules - report - definition. (2) (a) Conditions of
190		-	probation must be customized to each juvenile based on the guidelines
191		-	developed by the committee on juvenile justice reform pursuant to section
192		-	24-33.5-2402, as it existed prior to its repeal in 2022. The court shall, as
193		-	minimum conditions of probation, order that the juvenile:
	181	+	CHEDULE, IN GOOD FAITH, MEETINGS WITH THE JUVENILE ON10
	182	+	PROBATION AT MUTUALLY AGREEABLE TIMES THAT DO NOT CONFLICT11
	183	+	WITH THE JUVENILE'S ESSENTIAL OBLIGATIONS , INCLUDING WORK ,12
	184	+	EDUCATION, JOB TRAINING, DEPENDENT CARE, MEDICAL APPOINTMENTS,13
	185	+	AND OTHER PROBATION REQUIREMENTS ; AND14
	186	+	(II) A
	187	+	LLOW A JUVENILE TO MEET WITH THE JUVENILE PROBATION15
	188	+	OFFICER THROUGH A TELEPHONE CALL OR AUDIO -VISUAL COMMUNICATION16
	189	+	TECHNOLOGY.17
	190	+	SECTION 6. In Colorado Revised Statutes, 19-2.5-1108, amend18
	191	+	(2)(a)(III) as follows:19
	192	+	19-2.5-1108. Probation - terms - release - revocation -20
	193	+	graduated responses system - rules - report - definition.21
	194	+	(2) (a) Conditions of probation must be customized to each juvenile22
	195	+	based on the guidelines developed by the committee on juvenile justice23
	196	+	reform pursuant to section 24-33.5-2402, as it existed prior to its repeal24
	197	+	in 2022. The court shall, as minimum conditions of probation, order that25
	198	+	the juvenile:26
194	199		(III) Report to
195		-	MEET WITH a probation officer at reasonable times as
196		-	directed by the court or probation officer. U
197		-	NLESS INCONSISTENT WITH
198		-	OTHER CONDITIONS IMPOSED BY THE COURT
199		-	, THE COURT SHALL ALLOW A
200		-	JUVENILE UNDER THE PROBATION OFFICER
201		-	'S SUPERVISION TO MEET WITH THE
202		-	PROBATION OFFICER AT REASONABLE TIMES THROUGH A TELEPHONE CALL OR
203		-	AUDIO
204		-	-VISUAL COMMUNICATION TECHNOLOGY . UNLESS INCONSISTENT WITH
205		-	OTHER CONDITIONS IMPOSED BY THE COURT
206		-	, IN DIRECTING THAT A JUVENILE
207		-	MEET WITH A PROBATION OFFICER AT REASONABLE TIMES
208		-	, THE COURT OR
209		-	THE PROBATION OFFICER SHALL SCHEDULE
210		-	, IN GOOD FAITH, MEETINGS WITH
211		-	THE JUVENILE ON PROBATION AT MUTUALLY AGREEABLE TIMES THAT DO NOT
212		-	CONFLICT WITH THE JUVENILE
213		-	'S ESSENTIAL OBLIGATIONS, INCLUDING WORK,
214		-	EDUCATION, JOB TRAINING, DEPENDENT CARE, MEDICAL APPOINTMENTS, AND
215		-	OTHER PROBATION REQUIREMENTS
216		-	.
217		-	SECTION 7. In Colorado Revised Statutes, 19-2.5-1201, amend
218		-	(7) as follows:
219		-	19-2.5-1201. Juvenile parole board - creation - membership -
220		-	authority - rules. (7) (a) The board may grant, deny, defer, suspend,
221		-	revoke, or specify or modify the conditions of any parole for any juvenile
222		-	committed to the department of human services pursuant to section
223		-	19-2.5-1103 or 19-2.5-1127 in a manner that is in the best interests of the
224		-	juvenile and the public. In addition to any other conditions, the board may
225		-	require, as a condition of parole, any adjudicated juvenile to attend school
226		-	or an educational program or to work toward the attainment of a high school
227		-	diploma or the successful completion of a high school equivalency
228		-	examination, as that term is defined in section 22-33-102 (8.5); except that
229		-	the board shall not require any such juvenile to attend a school from which
230		-	the juvenile has been expelled without the prior approval of that school's
231		-	local board of education. The board shall promulgate rules that establish
232		-	PAGE 5-HOUSE BILL 24-1445 criteria under which its parole decisions are made. The board has the duties
233		-	and responsibilities specified in this part 12.
	200	+	MEET WITH a probation officer at reasonable times27
	201	+	1445
	202	+	-6- as directed by the court or probation officer. UNLESS INCONSISTENT WITH1
	203	+	OTHER CONDITIONS IMPOSED BY THE COURT , THE COURT SHALL ALLOW A2
	204	+	JUVENILE UNDER THE PROBATION OFFICER 'S SUPERVISION TO MEET WITH3
	205	+	THE PROBATION OFFICER AT REASONABLE TIMES THROUGH A TELEPHONE4
	206	+	CALL OR AUDIO -VISUAL COMMUNICATION TECHNOLOGY . UNLESS5
	207	+	INCONSISTENT WITH OTHER CONDITIONS IMPOSED BY THE COURT , IN6
	208	+	DIRECTING THAT A JUVENILE MEET WITH A PROBATION OFFICER AT7
	209	+	REASONABLE TIMES, THE COURT OR THE PROBATION OFFICER SHALL8
	210	+	SCHEDULE, IN GOOD FAITH, MEETINGS WITH THE JUVENILE ON PROBATION9
	211	+	AT MUTUALLY AGREEABLE TIMES THAT DO NOT CONFLICT WITH THE10
	212	+	JUVENILE'S ESSENTIAL OBLIGATIONS, INCLUDING WORK, EDUCATION, JOB11
	213	+	TRAINING, DEPENDENT CARE, MEDICAL APPOINTMENTS , AND OTHER12
	214	+	PROBATION REQUIREMENTS .13
	215	+	SECTION 7. In Colorado Revised Statutes, 19-2.5-1201, amend14
	216	+	(7) as follows:15
	217	+	19-2.5-1201. Juvenile parole board - creation - membership -16
	218	+	authority - rules. (7) (a) The board may grant, deny, defer, suspend,17
	219	+	revoke, or specify or modify the conditions of any parole for any juvenile18
	220	+	committed to the department of human services pursuant to section19
	221	+	19-2.5-1103 or 19-2.5-1127 in a manner that is in the best interests of the20
	222	+	juvenile and the public. In addition to any other conditions, the board may21
	223	+	require, as a condition of parole, any adjudicated juvenile to attend school22
	224	+	or an educational program or to work toward the attainment of a high23
	225	+	school diploma or the successful completion of a high school equivalency24
	226	+	examination, as that term is defined in section 22-33-102 (8.5); except25
	227	+	that the board shall not require any such juvenile to attend a school from26
	228	+	which the juvenile has been expelled without the prior approval of that27
	229	+	1445
	230	+	-7- school's local board of education. The board shall promulgate rules that1
	231	+	establish criteria under which its parole decisions are made. The board2
	232	+	has the duties and responsibilities specified in this part 12.3
234	233		(b) U
235		-	NLESS INCONSISTENT WITH OTHER CONDITIONS IMPOSED BY THE
236		-	BOARD
237		-	, THE BOARD SHALL ALLOW A JUVENILE TO HAVE PERIODIC MEETINGS
238		-	WITH THE JUVENILE PAROLE OFFICER AT REASONABLE TIMES THROUGH A
239		-	TELEPHONE CALL OR AUDIO
240		-	-VISUAL COMMUNICATION TECHNOLOGY . UNLESS
241		-	INCONSISTENT WITH OTHER CONDITIONS IMPOSED BY THE BOARD
242		-	, IN
243		-	DIRECTING THE JUVENILE TO HAVE PERIODIC MEETINGS WITH A JUVENILE
244		-	PAROLE OFFICER AT REASONABLE TIMES
245		-	, THE JUVENILE PAROLE OFFICER
246		-	SHALL SCHEDULE
247		-	, IN GOOD FAITH, THE MEETINGS WITH THE JUVENILE ON
248		-	PAROLE AT MUTUALLY AGREEABLE TIMES THAT DO NOT CONFLICT WITH THE
249		-	JUVENILE
250		-	'S ESSENTIAL OBLIGATIONS, INCLUDING WORK, EDUCATION, JOB
251		-	TRAINING
252		-	, DEPENDENT CARE, MEDICAL APPOINTMENTS, AND OTHER PAROLE
253		-	REQUIREMENTS
254		-	.
255		-	SECTION 8. In Colorado Revised Statutes, 19-2.5-1203, amend
256		-	(1) as follows:
257		-	19-2.5-1203. Juvenile parole - hearing panels - definition.
258		-	(1) Juvenile parole board - hearing panels authority. (a) The juvenile
259		-	parole board, established pursuant to section 19-2.5-1201, may grant, deny,
260		-	defer, suspend, revoke, or specify or modify the conditions of any parole for
261		-	any juvenile committed to the department of human services pursuant to
262		-	sections 19-2.5-1103 and 19-2.5-1127. In addition to any other conditions,
263		-	the board may require, as a condition of parole, any adjudicated juvenile to
264		-	attend school or an educational program or to work toward the attainment
265		-	of a high school diploma or the successful completion of a high school
266		-	equivalency examination, as that term is defined in section 22-33-102 (8.5);
267		-	except that the board shall not require any juvenile to attend a school from
268		-	which the juvenile has been expelled without the prior approval of that
269		-	school's local board of education. The board may modify any of its
270		-	decisions, or those of the hearing panel, except an order of discharge.
	234	+	NLESS INCONSISTENT WITH OTHER CONDITIONS IMPOSED BY4
	235	+	THE BOARD, THE BOARD SHALL ALLOW A JUVENILE TO HAVE PERIODIC5
	236	+	MEETINGS WITH THE JUVENILE PAROLE OFFICER AT REASONABLE TIMES6
	237	+	THROUGH A TELEPHONE CALL OR AUDIO -VISUAL COMMUNICATION7
	238	+	TECHNOLOGY. UNLESS INCONSISTENT WITH OTHER CONDITIONS IMPOSED8
	239	+	BY THE BOARD, IN DIRECTING THE JUVENILE TO HAVE PERIODIC MEETINGS9
	240	+	WITH A JUVENILE PAROLE OFFICER AT REASONABLE TIMES , THE JUVENILE10
	241	+	PAROLE OFFICER SHALL SCHEDULE , IN GOOD FAITH, THE MEETINGS WITH11
	242	+	THE JUVENILE ON
	243	+	PAROLE AT MUTUALLY AGREEABLE TIMES THAT DO NOT12
	244	+	CONFLICT WITH THE JUVENILE 'S ESSENTIAL OBLIGATIONS, INCLUDING13
	245	+	WORK, EDUCATION, JOB TRAINING, DEPENDENT CARE , MEDICAL14
	246	+	APPOINTMENTS, AND OTHER PAROLE REQUIREMENTS .15
	247	+	SECTION 8. In Colorado Revised Statutes, 19-2.5-1203, amend16
	248	+	(1) as follows:17
	249	+	19-2.5-1203. Juvenile parole - hearing panels - definition.18
	250	+	(1) Juvenile parole board - hearing panels authority. (a) The juvenile19
	251	+	parole board, established pursuant to section 19-2.5-1201, may grant,20
	252	+	deny, defer, suspend, revoke, or specify or modify the conditions of any21
	253	+	parole for any juvenile committed to the department of human services22
	254	+	pursuant to sections 19-2.5-1103 and 19-2.5-1127. In addition to any23
	255	+	other conditions, the board may require, as a condition of parole, any24
	256	+	adjudicated juvenile to attend school or an educational program or to25
	257	+	work toward the attainment of a high school diploma or the successful26
	258	+	completion of a high school equivalency examination, as that term is27
	259	+	1445
	260	+	-8- defined in section 22-33-102 (8.5); except that the board shall not require1
	261	+	any juvenile to attend a school from which the juvenile has been expelled2
	262	+	without the prior approval of that school's local board of education. The3
	263	+	board may modify any of its decisions, or those of the hearing panel,4
	264	+	except an order of discharge.5
271	265		(b) U
272		-	NLESS INCONSISTENT WITH OTHER CONDITIONS IMPOSED BY THE
273		-	BOARD
274		-	, THE BOARD SHALL ALLOW A JUVENILE TO HAVE PERIODIC MEETINGS
275		-	WITH A JUVENILE PAROLE OFFICER AT REASONABLE TIMES THROUGH A
276		-	TELEPHONE CALL OR AUDIO
277		-	-VISUAL COMMUNICATION TECHNOLOGY . UNLESS
278		-	INCONSISTENT WITH OTHER CONDITIONS IMPOSED BY THE BOARD
279		-	, IN
280		-	DIRECTING THE JUVENILE TO HAVE PERIODIC MEETINGS WITH A JUVENILE
281		-	PAGE 6-HOUSE BILL 24-1445 PAROLE OFFICER AT REASONABLE TIMES , THE JUVENILE PAROLE OFFICER
282		-	SHALL SCHEDULE
283		-	, IN GOOD FAITH, MEETINGS WITH THE JUVENILE ON PAROLE
284		-	AT MUTUALLY AGREEABLE TIMES THAT DO NOT CONFLICT WITH THE
285		-	JUVENILE
286		-	'S ESSENTIAL OBLIGATIONS, INCLUDING WORK, EDUCATION, JOB
287		-	TRAINING
288		-	, DEPENDENT CARE, MEDICAL APPOINTMENTS, AND OTHER PAROLE
289		-	REQUIREMENTS
290		-	.
291		-	SECTION 9. In Colorado Revised Statutes, 19-2.5-1204, amend
292		-	(2) as follows:
293		-	19-2.5-1204. Parole officers - powers - duties. (2) (a) The juvenile
294		-	parole officer shall give to each juvenile granted parole a written statement
295		-	of the conditions of the juvenile's parole, shall
296		-	explain such conditions fully,
297		-	and shall aid the juvenile to observe them. The juvenile parole officer shall
298		-	have periodic conferences MEETINGS with and reports from the juvenile.
299		-	The juvenile parole officer may conduct such investigations or other
300		-	activities as necessary to determine whether the conditions of parole are
301		-	being met and to accomplish the juvenile's rehabilitation.
	266	+	NLESS INCONSISTENT WITH OTHER CONDITIONS IMPOSED BY6
	267	+	THE BOARD, THE BOARD SHALL ALLOW A JUVENILE TO HAVE PERIODIC7
	268	+	MEETINGS WITH A JUVENILE PAROLE OFFICER AT REAS ONABLE TIMES8
	269	+	THROUGH A TELEPHONE CALL OR AUDIO -VISUAL COMMUNICATION9
	270	+	TECHNOLOGY. UNLESS INCONSISTENT WITH OTHER CONDITIONS IMPOSED10
	271	+	BY THE BOARD, IN DIRECTING THE JUVENILE TO HAVE PERIODIC MEETINGS11
	272	+	WITH A JUVENILE PAROLE OFFICER AT REASONABLE TIMES , THE JUVENILE12
	273	+	PAROLE OFFICER SHALL SCHEDULE , IN GOOD FAITH, MEETINGS WITH THE13
	274	+	JUVENILE ON PAROLE AT MUTUALLY AGREEABLE TIMES THAT DO NOT14
	275	+	CONFLICT WITH THE JUVENILE 'S ESSENTIAL OBLIGATIONS, INCLUDING15
	276	+	WORK, EDUCATION, JOB TRAINING, DEPENDENT CARE , MEDICAL16
	277	+	APPOINTMENTS, AND OTHER PAROLE REQUIREMENTS .17
	278	+	SECTION 9. In Colorado Revised Statutes, 19-2.5-1204, amend18
	279	+	(2) as follows:19
	280	+	19-2.5-1204. Parole officers - powers - duties. (2) (a) The20
	281	+	juvenile parole officer shall give to each juvenile granted parole a written21
	282	+	statement of the conditions of the juvenile's parole, shall
	283	+	explain such22
	284	+	conditions fully, and shall aid the juvenile to observe them. The juvenile23
	285	+	parole officer shall have periodic conferences MEETINGS with and reports24
	286	+	from the juvenile. The juvenile parole officer may conduct such25
	287	+	investigations or other activities as necessary to determine whether the26
	288	+	conditions of parole are being met and to accomplish the juvenile's27
	289	+	1445
	290	+	-9- rehabilitation.1
302	291		(b) U
303		-	NLESS INCONSISTENT WITH OTHER CONDITIONS IMPOSED BY THE
304		-	BOARD
305		-	, IN DIRECTING THAT A JUVENILE ON PAROLE HAVE A PERIODIC
306		-	MEETING WITH A JUVENILE PAROLE OFFICER
307		-	, THE JUVENILE PAROLE OFFICER
308		-	SHALL
309		-	:
310		-	(I) S
311		-	CHEDULE, IN GOOD FAITH, MEETINGS WITH THE JUVENILE ON
312		-	PAROLE AT MUTUALLY AGREEABLE TIMES THAT DO NOT CONFLICT WITH THE
313		-	JUVENILE
314		-	'S ESSENTIAL OBLIGATIONS INCLUDING WORK , EDUCATION, JOB
315		-	TRAINING
316		-	, DEPENDENT CARE, MEDICAL APPOINTMENTS, AND OTHER PAROLE
317		-	REQUIREMENTS
318		-	; AND
319		-	(II) ALLOW A JUVENILE TO MEET WITH A PAROLE OFFICER THROUGH
320		-	A TELEPHONE CALL OR AUDIO
321		-	-VISUAL COMMUNICATION TECHNOLOGY .
322		-	SECTION 10. Act subject to petition - effective date. This act
323		-	takes effect September 1, 2024; except that, if a referendum petition is filed
324		-	pursuant to section 1 (3) of article V of the state constitution against this act
325		-	or an item, section, or part of this act within the ninety-day period after final
326		-	adjournment of the general assembly, then the act, item, section, or part will
327		-	PAGE 7-HOUSE BILL 24-1445 not take effect unless approved by the people at the general election to be
328		-	held in November 2024 and, in such case, will take effect on the date of the
329		-	official declaration of the vote thereon by the governor.
330		-	____________________________ ____________________________
331		-	Julie McCluskie Steve Fenberg
332		-	SPEAKER OF THE HOUSE PRESIDENT OF
333		-	OF REPRESENTATIVES THE SENATE
334		-	____________________________ ____________________________
335		-	Robin Jones Cindi L. Markwell
336		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
337		-	OF REPRESENTATIVES THE SENATE
338		-	APPROVED________________________________________
339		-	(Date and Time)
340		-	_________________________________________
341		-	Jared S. Polis
342		-	GOVERNOR OF THE STATE OF COLORADO
343		-	PAGE 8-HOUSE BILL 24-1445
	292	+	NLESS INCONSISTENT WITH OTHER CONDITIONS IMPOSED BY2
	293	+	THE BOARD, IN DIRECTING THAT A JUVENILE ON
	294	+	PAROLE HAVE A PERIODIC3
	295	+	MEETING WITH A JUVENILE PAROLE OFFICER , THE JUVENILE PAROLE4
	296	+	OFFICER SHALL:5
	297	+	(I)
	298	+	SCHEDULE, IN GOOD FAITH, MEETINGS WITH THE JUVENILE ON6
	299	+	PAROLE AT MUTUALLY AGREEABLE TIMES THAT DO NOT CONFLICT WITH7
	300	+	THE JUVENILE'S ESSENTIAL OBLIGATIONS INCLUDING WORK , EDUCATION,8
	301	+	JOB TRAINING, DEPENDENT CARE, MEDICAL APPOINTMENTS, AND OTHER9
	302	+	PAROLE REQUIREMENTS; AND10
	303	+	(II) A
	304	+	LLOW A JUVENILE TO MEET WITH A PAROLE OFFICER11
	305	+	THROUGH A TELEPHONE CALL OR AUDIO -VISUAL COMMUNICATION12
	306	+	TECHNOLOGY.13
	307	+	SECTION 10. Act subject to petition - effective date. This act14
	308	+	takes effect September 1, 2024; except that, if a referendum petition is15
	309	+	filed pursuant to section 1 (3) of article V of the state constitution against16
	310	+	this act or an item, section, or part of this act within the ninety-day period17
	311	+	after final adjournment of the general assembly, then the act, item,18
	312	+	section, or part will not take effect unless approved by the people at the19
	313	+	general election to be held in November 2024 and, in such case, will take20
	314	+	effect on the date of the official declaration of the vote thereon by the21
	315	+	governor.22
	316	+	1445
	317	+	-10-