First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 25-0078.01 Conrad Imel x2313
HOUSE BILL 25-1116
House Committees Senate Committees
Judiciary Judiciary
Appropriations
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
SENATE
3rd Reading Unamended
April 10, 2025
SENATE
2nd Reading Unamended
April 9, 2025
HOUSE
3rd Reading Unamended
March 5, 2025
HOUSE
Amended 2nd Reading
March 4, 2025
HOUSE SPONSORSHIP
Armagost and Bacon, Barron, Boesenecker, Caldwell, Clifford, Duran, Jackson, Johnson,
Keltie, Lindsay, Sirota, Titone
SENATE SPONSORSHIP
Pelton R. and Ball, Amabile, Carson, Catlin, Exum, Frizell, Gonzales J., Jodeh, Kipp,
Lundeen, Mullica, Roberts, Wallace, Weissman
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
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) UPON THE INITIAL COMPREHENSIVE EVALUATION OF THE11
OFFENDER'S SENTENCE BY THE DEPARTMENT'S TIME COMPUTATION UNIT;12
AND13
(II) NO EARLIER THAN EIGHT MONTHS BUT NO LATER THAN THREE 14
MONTHS PRIOR TO THE OFFENDER'S STATUTORY COMMUNITY CORRECTIONS15
ELIGIBILITY DATE, REGARDLESS OF WHETHER POLICIES AND REGULATIONS16
WOULD ALLOW FOR ACTUAL SCREENING FOR REFERRAL TO COMMUNITY17
CORRECTIONS; EXCEPT THIS SEARCH IS NOT REQUIRED IF THE OFFENDER IS18
WITHIN FOUR MONTHS OF THE OFFENDER 'S STATUTORY COMMUNITY19
CORRECTIONS DATE WHEN THE SEARCH PURSUANT TO SUBSECTION20
(2)(a)(I) OF THIS SECTION WAS CONDUCTED.21
(b) THE DEPARTMENT SHALL ESTABLISH GUIDELINES AND POLICIES22
TO COMPLY WITH THIS SECTION AND WHICH MUST ALSO ADDRESS23
REQUESTS FOR ADDITIONAL SEARCHES AS MAY BE NEEDED BY THE PUBLIC24
DEFENDER LIAISON TO THE DEPARTMENT OF CORRECTIONS .25
(3) (a) I
F, FOLLOWING A SEARCH CONDUCTED PURSUANT TO26
SUBSECTION (2) OF THIS SECTION, THE DEPARTMENT DETERMINES THAT AN27
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-3- OFFENDER IS SUBJECT TO A WARRANT , THE DEPARTMENT SHALL NOTIFY :1
(I) T
HE OFFENDER THAT THEY ARE SUBJECT TO A WARRANT AND2 PROVIDE THE OFFENDER WITH ALL INFORMATION MADE AVAILABLE TO THE 3
DEPARTMENT ABOUT THE WARRANT THAT THE DEPARTMENT MAY RELEASE4
IN ACCORDANCE WITH APPLICABLE LAW ;5
(II) T
HE PUBLIC DEFENDER LIAISON TO THE DEPARTMENT OF6
CORRECTIONS, AT AN EMAIL ADDRESS DESI GNATED TO RECEIVE THE7
NOTIFICATION PURSUANT TO SECTION 21-1-104 (6)(b),
THAT THE8
OFFENDER IS SUBJECT TO THE WARRANT AND PROVIDE THE PUBLIC9
DEFENDER LIAISON TO THE DEPARTMENT OF CORRECTIONS WITH ALL10
INFORMATION THAT IS MADE AVAILABLE TO THE DEPARTMENT THAT THE11
DEPARTMENT MAY RELEASE IN ACCORDANCE WITH APPLICABLE LAW; AND12
13
(III) T
HE COURT THAT ISSUED THE WARRANT THAT THE OFFENDER14
IS IN THE CUSTODY OF THE DEPARTMENT AND THE CORRECTIONAL15
FACILITY IN WHICH THE OFFENDER IS IN CUSTODY.16
(b) I
F, FOLLOWING A SEARCH CONDUCTED PURSUANT TO17
SUBSECTION (2) OF THIS SECTION, THE DEPARTMENT DETERMINES THAT AN18
OFFENDER HAS A PENDING CASE IN A COLORADO COURT, THE DEPARTMENT19
SHALL NOTIFY:20
(I) T
HE OFFENDER THAT THEY HAVE A PENDING CASE IN A21
C
OLORADO COURT AND PROVIDE THE OFFENDER WITH INFORMATION22
ABOUT THE COURT CASE, INCLUDING THE NAME AND LOCATION OF THE23
COURT IN WHICH THE CASE IS PENDING AND THE CASE NUMBER ;24
(II) T
HE PUBLIC DEFENDER LIAISON TO THE DEPARTMENT OF25
CORRECTIONS, AT AN EMAIL ADDRESS DESIGNATED TO RECEIVE THE26
NOTIFICATION PURSUANT TO SECTION 21-1-104 (6)(b), ABOUT THE27
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-4- PENDING CASE, INCLUDING THE OFFENDER'S NAME AND DEPARTMENT OF1
CORRECTIONS NUMBER , THE CORRECTIONAL FACILITY WHERE THE2
OFFENDER IS IN CUSTODY , THE OFFENDER'S CURRENT COMMUNITY3
CORRECTIONS ELIGIBILITY DATE AND PAROLE ELIGIBILITY DATE, THE NAME4
AND LOCATION OF THE COURT IN WHICH THE CASE IS PENDING , AND THE5
CASE NUMBER; AND6
(III) T
HE COURT IN WHICH THE CASE IS PENDING THAT THE7
OFFENDER IS IN THE CUSTODY OF THE DEPARTMENT AND THE8
CORRECTIONAL FACILITY IN WHICH THE OFFENDER IS IN CUSTODY .9
(4) (a) T
HE GENERAL ASSEMBLY ENCOURAGES A COURT THAT10
RECEIVES A NOTIFICATION ABOUT AN OFFENDER'S OUTSTANDING WARRANT11
OR PENDING CASE PURSUANT TO THIS SECTION TO ENSURE THE OFFENDER12
APPEARS BEFORE THE COURT, IS ASSIGNED COUNSEL IF THE DEFENDANT IS13
ELIGIBLE FOR COURT-APPOINTED COUNSEL, AND ALLOWS THE OFFENDER14
TO RESOLVE THE WARRANT IN A TIMELY MANNER THAT DOES NOT DELAY15
ANY DEPARTMENTAL PROCESS THAT INVOLVES CONSIDERATION OF THE16
OFFENDER'S RELEASE TO COMMUNITY CORRECTIONS OR PAROLE .17
(b) S
UBJECT TO APPLICABLE COURT RULES AND AVAILABLE18
RESOURCES, AND TO EFFECTIVELY USE RESOURCES AND AVOID19
UNNECESSARY TRANSPORT OF THE OFFENDER FROM A CORRECTIONAL20
FACILITY TO THE COURT, THE GENERAL ASSEMBLY ENCOURAGES A COURT21
TO USE VIRTUAL APPEARANCES FOR AN APPEARANCE DESCRIBED IN THIS22
SUBSECTION (4).23
(c) S
UBJECT TO AVAILABLE TECHNOLOGICAL RESOURCES IN THE24
CORRECTIONAL FACILITY IN WHICH THE OFFENDER IS IN CUSTODY , THE25
DEPARTMENT SHALL FACILITATE AN OFFENDER 'S VIRTUAL APPEARANCE AT26
AN APPEARANCE DESCRIBED IN THIS SUBSECTION (4).27
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-5- (5) THIS SECTION DOES NOT PROHIBIT THE DEPARTMENT FROM1
SEARCHING FOR AN OFFENDER'S OUTSTANDING WARRANTS AT ANY OTHER2
TIME.3
SECTION 2. In Colorado Revised Statutes, 21-1-104, amend (6)4
as follows:5
21-1-104. Duties of public defender - report. (6) (a) The office6
of state public defender shall provide one or more public defender7
liaisons to the department of corrections and the state board of parole to8
assist inmates or inmate liaisons with legal matters related to detainers,9
bonds, holds, warrants, competency, special needs parole applications,10
and commutation applications. The office of state public defender, in11
consultation with the state board of parole and the department of12
corrections, shall develop any necessary policies and procedures for13
implementation of this subsection (6).14
(b) T
HE OFFICE OF STATE PUBLIC DEFENDER SHALL DESIGNATE AN15
EMAIL ADDRESS FOR THE PUBLIC DEFENDER LIAISONS TO THE DEPARTMENT16
OF CORRECTIONS TO RECEIVE NOTIFICATIONS MADE PURSUANT TO SECTION17
17-33-104
FROM THE DEPARTMENT OF CORRECTIONS ABOUT OFFENDERS '18
OUTSTANDING WARRANTS AND PENDING COLORADO COURT CASES.19
SECTION 3. Act subject to petition - effective date. This act20
takes effect at 12:01 a.m. on the day following the expiration of the21
ninety-day period after final adjournment of the general assembly; except22
that, if a referendum petition is filed pursuant to section 1 (3) of article V23
of the state constitution against this act or an item, section, or part of this24
act within such period, then the act, item, section, or part will not take25
effect unless approved by the people at the general election to be held in26
1116
-6- November 2026 and, in such case, will take effect on the date of the1
official declaration of the vote thereon by the governor.2
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-7-