HOUSE BILL 25-1116
BY REPRESENTATIVE(S) Armagost and Bacon, Barron, Boesenecker,
Caldwell, Clifford, Duran, Jackson, Johnson, Keltie, Lindsay, Sirota,
Titone;
also SENATOR(S) Pelton R. and Ball, Amabile, Carson, Catlin, Exum,
Frizell, Gonzales J., Jodeh, Kipp, Lundeen, Mullica, Roberts, Wallace,
Weissman.
C
ONCERNING REQUIRING THE DEPARTMENT OF CORRECTIONS TO SEARCH
FOR INFORMATION RELATED TO AN OFFENDER
'S COURT APPEARANCES.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 17-33-104 as
follows:
17-33-104. Warrant search prior to offender's release -
notification to offender, public defender, and court - legislative intent
- definitions. (1) A
S USED IN THIS SECTION, UNLESS THE CONTEXT
OTHERWISE REQUIRES
:
(a) "C
OMMUNITY CORRECTIONS ELIGIBILITY DATE " MEANS THE DATE
AN OFFENDER IS ELIGIBLE TO BE PLACED IN A COMMUNITY CORRECTIONS
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. PROGRAM PURSUANT TO SECTION 18-1.3-301 (2)(b), REGARDLESS OF
WHETHER STATE LAW OR AN ADMINISTRATIVE REGULATION OR POLICY
ADOPTED BY THE DEPARTMENT PRECLUDES PLACEMENT IN A COMMUNITY
CORRECTIONS PROGRAM
.
(b) "C
OURT" MEANS A COURT IN COLORADO, INCLUDING A
MUNICIPAL COURT
.
(c) "O
FFENDER" MEANS AN OFFENDER HELD IN CUSTODY AT A
CORRECTIONAL FACILITY
.
(d) "P
UBLIC DEFENDER LIAISON TO THE DEPARTMENT OF
CORRECTIONS
" MEANS A PUBLIC DEFENDER LIAISON TO THE DEPARTMENT OF
CORRECTIONS DESCRIBED IN SECTION
21-1-104 (6).
(2) (a) E
XCEPT AS PROVIDED IN SUBSECTION (2)(b) OF THIS SECTION,
THE DEPARTMENT SHALL SEARCH ALL INFORMATION AVAILABLE TO THE
DEPARTMENT TO DETERMINE WHETHER AN OFFENDER IS SUBJECT TO AN
OUTSTANDING IN
-STATE WARRANT ISSUED BY A COURT OR A WARRANT
ISSUED BY A COURT OUTSIDE OF
COLORADO, OR IF THE OFFENDER HAS A
PENDING CASE IN A
COLORADO COURT:
(I) U
PON THE INITIAL COMPREHENSIVE EVALUATION OF THE
OFFENDER
'S SENTENCE BY THE DEPARTMENT 'S TIME COMPUTATION UNIT;
AND
(II) NO EARLIER THAN EIGHT MONTHS BUT NO LATER THAN THREE
MONTHS PRIOR TO THE OFFENDER
'S STATUTORY COMMUNITY CORRECTIONS
ELIGIBILITY DATE
, REGARDLESS OF WHETHER POLICIES AND REGULATIONS
WOULD ALLOW FOR ACTUAL SCREENING FOR REFERRAL TO COMMUNITY
CORRECTIONS
; EXCEPT THIS SEARCH IS NOT REQUIRED IF THE OFFENDER IS
WITHIN FOUR MONTHS OF THE OFFENDER
'S STATUTORY COMMUNITY
CORRECTIONS DATE WHEN THE SEARCH PURSUANT TO SUBSECTION
(2)(a)(I)
OF THIS SECTION WAS CONDUCTED .
(b) T
HE DEPARTMENT SHALL ESTABLISH GUIDELINES AND POLICIES
TO COMPLY WITH THIS SECTION AND WHICH MUST ALSO ADDRESS REQUESTS
FOR ADDITIONAL SEARCHES AS MAY BE NEEDED BY THE PUBLIC DEFENDER
LIAISON TO THE DEPARTMENT OF CORRECTIONS
.
PAGE 2-HOUSE BILL 25-1116 (3) (a) IF, FOLLOWING A SEARCH CONDUCTED PURSUANT TO
SUBSECTION
(2) OF THIS SECTION, THE DEPARTMENT DETERMINES THAT AN
OFFENDER IS SUBJECT TO A WARRANT
, THE DEPARTMENT SHALL NOTIFY :
(I) T
HE OFFENDER THAT THEY ARE SUBJECT TO A WARRANT AND
PROVIDE THE OFFENDER WITH ALL INFORMATION MADE AVAILABLE TO THE
DEPARTMENT ABOUT THE WARRANT THAT THE DEPARTMENT MAY RELEASE
IN ACCORDANCE WITH APPLICABLE LAW
;
(II) T
HE PUBLIC DEFENDER LIAISON TO THE DEPARTMENT OF
CORRECTIONS
, AT AN EMAIL ADDRESS DESIGNATED TO RECEIVE THE
NOTIFICATION PURSUANT TO SECTION
21-1-104 (6)(b), THAT THE OFFENDER
IS SUBJECT TO THE WARRANT AND PROVIDE THE PUBLIC DEFENDER LIAISON
TO THE DEPARTMENT OF CORRECTIONS WITH ALL INFORMATION THAT IS
MADE AVAILABLE TO THE DEPARTMENT THAT THE DEPARTMENT MAY
RELEASE IN ACCORDANCE WITH APPLICABLE LAW
; AND
(III) THE COURT THAT ISSUED THE WARRANT THAT THE OFFENDER IS
IN THE CUSTODY OF THE DEPARTMENT AND THE CORRECTIONAL FACILITY IN
WHICH THE OFFENDER IS IN CUSTODY
.
(b) I
F, FOLLOWING A SEARCH CONDUCTED PURS UANT TO SUBSECTION
(2) OF THIS SECTION, THE DEPARTMENT DETERMINES THAT AN OFFENDER HAS
A PENDING CASE IN A
COLORADO COURT, THE DEPARTMENT SHALL NOTIFY:
(I) T
HE OFFENDER THAT THEY HAVE A PENDING CASE IN A
COLORADO COURT AND PROVIDE THE OFFENDER WITH INFORMATION ABOUT
THE COURT CASE
, INCLUDING THE NAME AND LOCATION OF THE COURT IN
WHICH THE CASE IS PENDING AND THE CASE NUMBER
;
(II) T
HE PUBLIC DEFENDER LIAISON TO THE DEPARTMENT OF
CORRECTIONS
, AT AN EMAIL ADDRESS DESIGNATED TO RECEIVE THE
NOTIFICATION PURSUANT TO SECTION
21-1-104 (6)(b), ABOUT THE PENDING
CASE
, INCLUDING THE OFFENDER'S NAME AND DEPARTMENT OF CORRECTIONS
NUMBER
, THE CORRECTIONAL FACILITY WHERE THE OFFENDER IS IN
CUSTODY
, THE OFFENDER'S CURRENT COMMUNITY CORRECTIONS ELIGIBILITY
DATE AND PAROLE ELIGIBILITY DATE
, THE NAME AND LOCATION OF THE
COURT IN WHICH THE CASE IS PENDING
, AND THE CASE NUMBER; AND
(III) THE COURT IN WHICH THE CASE IS PENDING THAT THE OFFENDER
PAGE 3-HOUSE BILL 25-1116 IS IN THE CUSTODY OF THE DEPARTMENT AND THE CORRECTIONAL FACILITY
IN WHICH THE OFFENDER IS IN CUSTODY
.
(4) (a) T
HE GENERAL ASSEMBLY ENCOURAGES A COURT THAT
RECEIVES A NOTIFICATION ABOUT AN OFFENDER
'S OUTSTANDING WARRANT
OR PENDING CASE PURSUANT TO THIS SECTION TO ENSURE THE OFFENDER
APPEARS BEFORE THE COURT
, IS ASSIGNED COUNSEL IF THE DEFENDANT IS
ELIGIBLE FOR COURT
-APPOINTED COUNSEL, AND ALLOWS THE OFFENDER TO
RESOLVE THE WARRANT IN A TIMELY MANNER THAT DOES NOT DELAY ANY
DEPARTMENTAL PROCESS THAT INVOLVES CONSIDERATION OF THE
OFFENDER
'S RELEASE TO COMMUNITY CORRECTIONS OR PAROLE .
(b) S
UBJECT TO APPLICABLE COURT RULES AND AVAILABLE
RESOURCES
, AND TO EFFECTIVELY USE RESOURCES AND AVOID
UNNECESSARY TRANSPORT OF THE OFFENDER FROM A CORRECTIONAL
FACILITY TO THE COURT
, THE GENERAL ASSEMBLY ENCOURAGES A COURT TO
USE VIRTUAL APPEARANCES FOR AN APPEARANCE DESCRIBED IN THIS
SUBSECTION
(4).
(c) S
UBJECT TO AVAILABLE TECHNOLOGICAL RESOURCES IN THE
CORRECTIONAL FACILITY IN WHICH THE OFFENDER IS IN CUSTODY
, THE
DEPARTMENT SHALL FACILITATE AN OFFENDER
'S VIRTUAL APPEARANCE AT
AN APPEARANCE DESCRIBED IN THIS SUBSECTION
(4).
(5) T
HIS SECTION DOES NOT PROHIBIT THE DEPARTMENT FROM
SEARCHING FOR AN OFFENDER
'S OUTSTANDING WARRANTS AT ANY OTHER
TIME
.
SECTION 2. In Colorado Revised Statutes, 21-1-104, amend (6)
as follows:
21-1-104. Duties of public defender - report. (6) (a) The office of
state public defender shall provide one or more public defender liaisons to
the department of corrections and the state board of parole to assist inmates
or inmate liaisons with legal matters related to detainers, bonds, holds,
warrants, competency, special needs parole applications, and commutation
applications. The office of state public defender, in consultation with the
state board of parole and the department of corrections, shall develop any
necessary policies and procedures for implementation of this subsection (6).
PAGE 4-HOUSE BILL 25-1116 (b) THE OFFICE OF STATE PUBLIC DEFENDER SHALL DESIGNATE AN
EMAIL ADDRESS FOR THE PUBLIC DEFENDER LIAISONS TO THE DEPARTMENT
OF CORRECTIONS TO RECEIVE NOTIFICATIONS MADE PURSUANT TO SECTION
17-33-104 FROM THE DEPARTMENT OF CORRECTIONS ABOUT OFFENDERS '
OUTSTANDING WARRANTS AND PENDING COLORADO COURT CASES.
SECTION 3. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; 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 such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 5-HOUSE BILL 25-1116 November 2026 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Vanessa Reilly Esther van Mourik
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 6-HOUSE BILL 25-1116