First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0078.01 Conrad Imel x2313
HOUSE BILL 25-1116
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING REQUIRING THE DEP ARTMENT OF CORRECTIONS TO101
SEARCH FOR INFORMATION RELATED TO AN OFFENDER 'S COURT102
APPEARANCES. 103
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 department of corrections (department) to
search all information available to the department to determine whether
an offender held at a correctional facility is subject to an outstanding
warrant or if the offender has a pending case in a Colorado court. The
department is required to conduct the search when the offender is
HOUSE SPONSORSHIP
Armagost and Bacon,
SENATE SPONSORSHIP
Pelton R.,
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. admitted to the department, when the department conducts the initial
comprehensive evaluation of the offender's sentence, 6 months after the
offender's admission to the department, once 3 to 6 months prior to the
offender's community correction eligibility date, and upon request of a
public defender liaison to the department.
If the department determines that an offender is subject to a
warrant, the department shall notify the offender, a public defender
liaison to the department, and the court that issued the warrant. The
general assembly encourages a court to ensure the offender appears
before the court, is assigned counsel if the defendant is eligible for
court-appointed counsel, allows the offender to resolve the warrant in a
timely manner, and facilitates virtual appearance for the offender.
The bill does not prohibit the department from searching for
outstanding warrants at any other time. The bill requires the office of state
public defender to designate an email address for the public defender
liaisons to the department of corrections to receive notifications from the
department.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 17-33-104 as2
follows:3
17-33-104. Warrant search prior to offender's release -4
notification to offender, public defender, and court - legislative intent5
- definitions. (1) A
S USED IN THIS SECTION, UNLESS THE CONTEXT6
OTHERWISE REQUIRES:7
(a) "C
OMMUNITY CORRECTIONS ELIGIBILITY DATE " MEANS THE8
DATE AN OFFENDER IS ELIGIBLE TO BE PLACED IN A COMMUNITY9
CORRECTIONS PROGRAM PURSUANT TO SECTION 18-1.3-301 (2)(b),10
REGARDLESS OF WHETHER STATE LAW OR AN ADMINISTRATIVE11
REGULATION OR POLICY ADOPTED BY THE DEPARTMENT PRECLUDES12
PLACEMENT IN A COMMUNITY CORRECTIONS PROGRAM .13
(b) "C
OURT" MEANS A COURT IN COLORADO, INCLUDING A14
MUNICIPAL COURT.15
(c) "O
FFENDER" MEANS AN OFFENDER HELD IN CUSTODY AT A16
HB25-1116-2- CORRECTIONAL FACILITY.1
(d) "P
UBLIC DEFENDER LIAISON TO THE DEPARTMENT OF2
CORRECTIONS" MEANS A PUBLIC DEFENDER LIAISON TO THE DEPARTMENT3
OF CORRECTIONS DESCRIBED IN SECTION 21-1-104 (6).4
(2) (a) E
XCEPT AS PROVIDED IN SUBSECTION (2)(b) OF THIS5
SECTION, THE DEPARTMENT SHALL SEARCH ALL INFORMATION AVAILABLE6
TO THE DEPARTMENT TO DETERMINE WHETHER AN OFFENDER IS SUBJECT7
TO AN OUTSTANDING IN -STATE WARRANT ISSUED BY A COURT OR A8
WARRANT ISSUED BY A COURT OUTSIDE OF COLORADO, OR IF THE9
OFFENDER HAS A PENDING CASE IN A COLORADO COURT:10
(I) U
PON THE OFFENDER BEING ADMITTED TO THE DEPARTMENT ;11
(II) U
PON THE INITIAL COMPREHENSIVE EVALUATION OF THE12
OFFENDER'S SENTENCE BY THE DEPARTMENT 'S TIME COMPUTATION UNIT;13
(III) S
IX MONTHS AFTER THE OFFENDER 'S ADMISSION TO THE14
DEPARTMENT;15
(IV) N
O EARLIER THAN SIX MONTHS AND NO LATER THAN THREE16
MONTHS PRIOR TO THE OFFENDER'S COMMUNITY CORRECTION ELIGIBILITY17
DATE, UNLESS THE OFFENDER IS WITHIN SIX MONTHS OF ELIGIBILITY UPON18
ADMISSION TO THE DEPARTMENT ; AND19
(V) U
PON REQUEST OF A PUBLIC DEFENDER LIAISON TO THE20
DEPARTMENT OF CORRECTIONS .21
(b) T
HE DEPARTMENT IS NOT REQUIRED TO CONDUCT A SEARCH22
FOR INFORMATION AS REQUIRED IN SUBSECTION (2)(a)(III) OR (2)(a)(IV)23
OF THIS SECTION IF THE DEPARTMENT HAS CONDUCTED A SEARCH24
PURSUANT TO ANOTHER PROVISION OF SUBSECTION (2)(a) OF THIS SECTION25
WITHIN NINETY DAY PRIOR TO THE SEARCH REQUIRED IN SUBSECTION26
(2)(a)(III)
OR (2)(a)(IV) OF THIS SECTION.27
HB25-1116
-3- (3) (a) IF, FOLLOWING A SEARCH CONDUCTED PURSUANT TO1
SUBSECTION (2) OF THIS SECTION, THE DEPARTMENT DETERMINES THAT AN2
OFFENDER IS SUBJECT TO A WARRANT , THE DEPARTMENT SHALL NOTIFY :3
(I) T
HE OFFENDER THAT THEY ARE SUBJECT TO A WARRANT AND4
PROVIDE THE OFFENDER WITH ALL THE INFORMATION AVAILABLE TO THE5
DEPARTMENT ABOUT THE WARRANT , INCLUDING THE CHARGES IN THE6
WARRANT, THE COURT THAT ISSUED THE WARRANT AND ITS LOCATION ,7
THE DATE THE WARRANT WAS ISSUED , THE WARRANT NUMBER, AND ANY8
CASE NUMBERS ASSOCIATED WITH THE WARRANT ;9
(II) T
HE PUBLIC DEFENDER LIAISON TO THE DEPARTMENT OF10
CORRECTIONS, AT AN EMAIL ADDRESS DESIGNATED TO RECEIVE THE11
NOTIFICATION PURSUANT TO SECTION 21-1-104 (6)(b), OF THE OFFENDER'S12
NAME AND DEPARTMENT OF CORRECTIONS NUMBER ; THE CORRECTIONAL13
FACILITY WHERE THE OFFENDER IS IN CUSTODY; THE OFFENDER'S CURRENT14
COMMUNITY CORRECTIONS ELIGIBILITY DATE AND PAROLE ELIGIBILITY15
DATE; AND ALL THE INFORMATION AVAILABLE TO THE DEPARTMENT16
ABOUT THE WARRANT , INCLUDING THE CHARGES IN THE WARRANT , THE17
COURT THAT ISSUED THE WARRANT AND ITS LOCATION , THE DATE THE18
WARRANT WAS ISSUED, THE WARRANT NUMBER, AND ANY CASE NUMBERS19
ASSOCIATED WITH THE WARRANT ; AND20
(III) T
HE COURT THAT ISSUED THE WARRANT THAT THE OFFENDER21
IS IN THE CUSTODY OF THE DEPARTMENT AND THE CORRECTIONAL22
FACILITY IN WHICH THE OFFENDER IS IN CUSTODY.23
(b) I
F, FOLLOWING A SEARCH CONDUCTED PURSUANT TO24
SUBSECTION (2) OF THIS SECTION, THE DEPARTMENT DETERMINES THAT AN25
OFFENDER HAS A PENDING CASE IN A COLORADO COURT, THE DEPARTMENT26
SHALL NOTIFY:27
HB25-1116
-4- (I) THE OFFENDER THAT THEY HAVE A PENDING CASE IN A1
C
OLORADO COURT AND PROVIDE THE OFFENDER WITH INFORMATION2
ABOUT THE COURT CASE, INCLUDING THE NAME AND LOCATION OF THE3
COURT IN WHICH THE CASE IS PENDING AND THE CASE NUMBER ;4
(II) T
HE PUBLIC DEFENDER LIAISON TO THE DEPARTMENT OF5
CORRECTIONS, AT AN EMAIL ADDRESS DESIGNATED TO RECEIVE THE6
NOTIFICATION PURSUANT TO SECTION 21-1-104 (6)(b), ABOUT THE7
PENDING CASE, INCLUDING THE OFFENDER'S NAME AND DEPARTMENT OF8
CORRECTIONS NUMBER , THE CORRECTIONAL FACILITY WHERE THE9
OFFENDER IS IN CUSTODY , THE OFFENDER'S CURRENT COMMUNITY10
CORRECTIONS ELIGIBILITY DATE AND PAROLE ELIGIBILITY DATE, THE NAME11
AND LOCATION OF THE COURT IN WHICH THE CASE IS PENDING , AND THE12
CASE NUMBER; AND13
(III) T
HE COURT IN WHICH THE CASE IS PENDING THAT THE14
OFFENDER IS IN THE CUSTODY OF THE DEPARTMENT AND THE15
CORRECTIONAL FACILITY IN WHICH THE OFFENDER IS IN CUSTODY .16
(4) (a) T
HE GENERAL ASSEMBLY ENCOURAGES A COURT THAT17
RECEIVES A NOTIFICATION ABOUT AN OFFENDER'S OUTSTANDING WARRANT18
OR PENDING CASE PURSUANT TO THIS SECTION TO ENSURE THE OFFENDER19
APPEARS BEFORE THE COURT, IS ASSIGNED COUNSEL IF THE DEFENDANT IS20
ELIGIBLE FOR COURT-APPOINTED COUNSEL, AND ALLOWS THE OFFENDER21
TO RESOLVE THE WARRANT IN A TIMELY MANNER THAT DOES NOT DELAY22
ANY DEPARTMENTAL PROCESS THAT INVOLVES CONSIDERATION OF THE23
OFFENDER'S RELEASE TO COMMUNITY CORRECTIONS OR PAROLE .24
(b) S
UBJECT TO APPLICABLE COURT RULES AND AVAILABLE25
RESOURCES, AND TO EFFECTIVELY USE RESOURCES AND AVOID26
UNNECESSARY TRANSPORT OF THE OFFENDER FROM A CORRECTIONAL27
HB25-1116
-5- FACILITY TO THE COURT, THE GENERAL ASSEMBLY ENCOURAGES A COURT1
TO USE VIRTUAL APPEARANCES FOR AN APPEARANCE DESCRIBED IN THIS2
SUBSECTION (4).3
(c) S
UBJECT TO AVAILABLE TECHNOLOGICAL RESOURCES IN THE4
CORRECTIONAL FACILITY IN WHICH THE OFFENDER IS IN CUSTODY , THE5
DEPARTMENT SHALL FACILITATE AN OFFENDER 'S VIRTUAL APPEARANCE AT6
AN APPEARANCE DESCRIBED IN THIS SUBSECTION (4).7
(5) T
HIS SECTION DOES NOT PROHIBIT THE DEPARTMENT FROM8
SEARCHING FOR AN OFFENDER'S OUTSTANDING WARRANTS AT ANY OTHER9
TIME.10
SECTION 2. In Colorado Revised Statutes, 21-1-104, amend (6)11
as follows:12
21-1-104. Duties of public defender - report. (6) (a) The office13
of state public defender shall provide one or more public defender14
liaisons to the department of corrections and the state board of parole to15
assist inmates or inmate liaisons with legal matters related to detainers,16
bonds, holds, warrants, competency, special needs parole applications,17
and commutation applications. The office of state public defender, in18
consultation with the state board of parole and the department of19
corrections, shall develop any necessary policies and procedures for20
implementation of this subsection (6).21
(b) T
HE OFFICE OF STATE PUBLIC DEFENDER SHALL DESIGNATE AN22
EMAIL ADDRESS FOR THE PUBLIC DEFENDER LIAISONS TO THE DEPARTMENT23
OF CORRECTIONS TO RECEIVE NOTIFICATIONS MADE PURSUANT TO SECTION24
17-33-104
FROM THE DEPARTMENT OF CORRECTIONS ABOUT OFFENDERS '25
OUTSTANDING WARRANTS AND PENDING COLORADO COURT CASES.26
SECTION 3. Act subject to petition - effective date. This act27
HB25-1116
-6- takes effect at 12:01 a.m. on the day following the expiration of the1
ninety-day period after final adjournment of the general assembly; except2
that, if a referendum petition is filed pursuant to section 1 (3) of article V3
of the state constitution against this act or an item, section, or part of this4
act within such period, then the act, item, section, or part will not take5
effect unless approved by the people at the general election to be held in6
November 2026 and, in such case, will take effect on the date of the7
official declaration of the vote thereon by the governor.8
HB25-1116
-7-