Colorado 2025 Regular Session

Colorado House Bill HB1147 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REREVISED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the Second House
	4	+	REVISED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the Second House
7	7		LLS NO. 25-0463.01 Michael Dohr x4347
8	8		HOUSE BILL 25-1147
9	9		House Committees Senate Committees
10	10		Judiciary Judiciary
11	11		A BILL FOR AN ACT
12	12		C
13	13		ONCERNING MEASURES TO ENS URE THAT MUNICIPAL COURT101
14	14		DEFENDANTS ARE SUBJECT TO SIMI LAR CONDITIONS AS STATE102
15	15		COURT DEFENDANTS .103
16	16		Bill Summary
17	17		(Note: This summary applies to this bill as introduced and does
18	18		not reflect any amendments that may be subsequently adopted. If this bill
19	19		passes third reading in the house of introduction, a bill summary that
20	20		applies to the reengrossed version of this bill will be available at
21	21		http://leg.colorado.gov
22	22		.)
23	23		The bill caps the maximum incarceration sentence for a municipal
24	24		violation that has a comparable state law crime at the same length as the
25	25		state-level offense. When there is no comparable state-level offense, the
26	26		maximum period of incarceration is capped at the maximum for a
27	27		state-level petty offense. Mandatory minimums and increased penalties
28	28		SENATE
29		-	3rd Reading Unamended
30		-	April 4, 2025
31		-	SENATE
32	29		Amended 2nd Reading
33	30		April 3, 2025
34	31		HOUSE
35	32		3rd Reading Unamended
36	33		March 7, 2025
37	34		HOUSE
38	35		Amended 2nd Reading
39	36		March 5, 2025
40	37		HOUSE SPONSORSHIP
41	38		Mabrey and Velasco, Bacon, Carter, Garcia, Gilchrist, Zokaie, Brown, English, Espenoza,
42	39		Froelich, Jackson, Lindsay, Sirota, Story
43	40		SENATE SPONSORSHIP
44		-	Amabile and Weissman, Gonzales J., Hinrichsen, Ball, Cutter, Exum, Jodeh, Kipp,
45		-	Michaelson Jenet, Sullivan, Wallace
	41	+	Amabile and Weissman, Gonzales J., Hinrichsen
46	42		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
47	43		Capital letters or bold & italic numbers indicate new material to be added to existing law.
48	44		Dashes through the words or numbers indicate deletions from existing law. based on prior convictions are prohibited unless the person is convicted
49	45		of a municipal offense for which there is a comparable state offense or of
50	46		an infraction that allows imposition of the same mandatory minimum or
51	47		increased penalties based on prior convictions. The bill also caps a
52	48		consecutive municipal sentence at 2 times the highest charge in the case.
53	49		The bill clarifies that municipal court defendants have a right to
54	50		counsel and that municipal defense counsel have the same notice, case
55	51		information, and opportunity to meet with their clients as do state-level
56	52		defense counsel. Current law prohibits paying indigent municipal defense
57	53		counsel on a fixed or flat-fee payment structure if the municipality
58	54		prosecutes domestic violence cases. The bill applies the prohibition to all
59	55		municipalities.
60	56		All municipal court proceedings are required to be open to public
61	57		observation. Virtual observation is required for all in-custody
62	58		proceedings, and prompt resolution of municipal cases is required.
63	59		Be it enacted by the General Assembly of the State of Colorado:1
64	60		SECTION 1. Legislative declaration. (1) The general assembly2
65	61		finds and declares that:3
66	62		(a) Fair and consistent criminal sentencing, access to counsel for4
67	63		indigent people accused of crimes, and transparency of court proceedings5
68	64		across Colorado are matters of statewide concern;6
69	65		(b) Disparities in criminal sentencing reduce the fairness,7
70	66		rationality, and equity of Colorado's criminal justice system;8
71	67		(c) In 2020, Governor Jared Polis, in his Biennial Topics Letter,9
72	68		directed the Colorado Commission on Criminal and Juvenile Justice to10
73	69		propose comprehensive reform to Colorado's sentencing laws, explaining:11
74	70		"Our sentencing scheme should be rational, just, and consistent so that the12
75	71		punishment fits the conduct";13
76	72		(d) In this letter, Governor Polis listed as "values" to guide14
77	73		sentencing reform: "Ensuring fair and consistent treatment" and15
78	74		"Eliminating unjustified disparities in sentencing";16
79	75		(e) Following Governor Polis' directive, the Colorado17
80	76		1147-2- Commission on Criminal and Juvenile Justice recommended passage of1
81	77		Senate Bill 21-271, which standardized and rationalized sentencing for2
82	78		misdemeanors in state court. The bill was silent with regard to application3
83	79		to municipal courts;4
84	80		(f) Senate Bill 21-271 passed with bipartisan, law enforcement,5
85	81		and criminal justice reformer support;6
86	82		(g) Since the passage of Senate Bill 21-271, some municipal7
87	83		courts have exercised their authority to sentence defendants to jail for up8
88	84		to 364 days for crimes related to poverty, which are capped at a 10-day9
89	85		jail sentence in state court under Senate Bill 21-271;10
90	86		(h) The sentencing disparities between municipal and state courts11
91	87		is a matter of statewide concern, requiring action to align sentences to12
92	88		avoid irrational, unjust, and excessive punishments that are out of step13
93	89		with Colorado values and legal standards; 14
94	90		(i) The sentencing disparities between municipal and state courts15
95	91		creates a 2-tiered system of justice that ensures unequal treatment under16
96	92		the law, which is inconsistent with Colorado values and legal standards;17
97	93		and18
98	94		(j) With respect to domestic violence offenses, implementing19
99	95		these changes as of April 1, 2026, permits municipalities to revise their20
100	96		ordinances to ensure the adequate protection of domestic violence victims21
101	97		and to promote consistent sentencing practices across all such cases.22
102	98		(2) Therefore, the general assembly expressly declares that there23
103	99		is a need to end sentencing disparities between state and municipal courts24
104	100		in order to ensure equal treatment under the law for all Coloradans.25
105	101		SECTION 2. In Colorado Revised Statutes, 13-1-132, amend26
106	102		(3.5)(a)(III) and (4); and add (3.5)(a)(III.5), (3.5)(g.5), and (3.5)(h) as27
107	103		1147
108	104		-3- follows:1
109	105		13-1-132. Use of interactive audiovisual devices and2
110	106		communication technology in court proceedings. (3.5) (a) All3
111	107		Colorado courts, including municipal courts, shall make any criminal4
112	108		court proceeding conducted in open court available for remote public5
113	109		viewing and listening in real time, at no cost to the public, through an6
114	110		online platform, which may include a participatory web conferencing7
115	111		platform, and post prominently on the court's website the links for remote8
116	112		observation, unless:9
117	113		(III) Technology or Staffing or internet issues limit or prevent10
118	114		remote observation; or11
119	115		(III.5) TEMPORARY OR INTERMITTENT INTERNET OR TECHNOLOGY12
120	116		ISSUES LIMIT OR PREVENT REMOTE OBSERVATION ; OR13
121	117		(g.5) T
122	118		HE EXCEPTIONS TO REMOTE OBSERVATION DESCRIBED IN14
123	119		SUBSECTION (3.5)(a) OF THIS SECTION ARE CASE SPECIFIC AND FACT15
124	120		SPECIFIC, SO A COURT SHALL NOT ADOPT BLANKET RULES PROHIBITING16
125	121		REMOTE OBSERVATION FOR ANY CATEGORIES OF CASES OR TYPES OF17
126	122		PROCEEDINGS.18
127	123		(h) T
128	124		HE EXCEPTIONS DESCRIBED IN SUBSECTIONS (3.5)(a)(I) AND19
129	125		(3.5)(a)(III)
130	126		OF THIS SECTION DO NOT APPLY TO COURT PROCEEDINGS IN20
131	127		WHICH THE DEFENDANT IS IN CUSTODY .21
132	128		(4) T
133	129		HE REQUIREMENTS OF THIS SECTION SUPERSEDE ANY22
134	130		STATUTE, JUDICIAL GUIDANCE, OR CHIEF JUSTICE DIRECTIVE LIMITING23
135	131		REMOTE PUBLIC OBSERVATION OF CRIMINAL COURTS , INCLUDING CHIEF24
136	132		JUSTICE DIRECTIVE 23-02 ADOPTED BEFORE THE EFFECTIVE DATE OF25
137	133		H
138	134		OUSE BILL 25-1147.
139	135		The supreme court may prescribe rules of26
140	136		procedure pursuant to section 13-2-109 to implement this section,
141	137		BUT27
142	138		1147
143	139		-4- THE RULES MUST NOT NARROW OR CONFLICT WITH THE REQUIREMENTS OF1
144	140		THIS SECTION.2
145	141		SECTION 3. In Colorado Revised Statutes, amend 13-10-103 as3
146	142		follows:4
147	143		13-10-103. Applicability. This article 10 applies to and governs5
148	144		the operation of municipal courts in the cities and towns of this state.6
149	145		Except for the provisions relating to the method of salary payment for7
150	146		municipal judges; the incarceration of children pursuant to sections8
151	147		19-2.5-305 and 19-2.5-1511; the appearance of the parent, guardian, or9
152	148		lawful custodian of any child under eighteen years of age who is charged10
153	149		with a municipal offense as required by section 13-10-111; the right to a11
154	150		trial by jury for petty offenses pursuant to section 16-10-109; relief from12
155	151		improperly entered guilty pleas pursuant to section 18-1-410.6; the13
156	152		prosecution of an alleged act of domestic violence, as defined in section14
157	153		18-6-800.3; making a criminal court proceeding conducted in open court15
158	154		available for remote public viewing and listening in real time; rules of16
159	155		procedure promulgated ADOPTED by the supreme court; and appellate17
160	156		procedure;
161	157		SENTENCING LIMITATIONS IN SECTION 13-10-113; AND THE18
162	158		RIGHT TO COUNSEL FOR
163	159		CERTAIN INDIGENT DEFENDANTS PURSUANT TO19
164	160		SECTION 13-10-114.5, this article 10 may be superseded by charter or20
165	161		ordinance enacted by a home rule city.21
166	162		SECTION 4. In Colorado Revised Statutes, 13-10-111.5, amend22
167	163		(2), (3)(a) introductory portion, and (3)(a)(I); and add (3)(c) as follows:23
168	164		13-10-111.5. Notice to municipal courts of municipal holds.24
169	165		(2) Once a municipal court receives notice that the A defendant is being25
170	166		held solely on the basis of a municipal hold, the municipal court shall26
171	167		hold a hearing within forty-eight hours after the receipt of such a THE27
172	168		1147
173	169		-5- notice. The county sheriff OR MUNICIPAL JAIL ADMINISTRATOR shall make1
174	170		the in-custody defendant available to appear in a timely manner before a2
175	171		municipal judge for a hearing required by this subsection (2) at the date3
176	172		and time mutually agreed to by the county sheriff and municipal court.4
177	173		This subsection (2) must not be construed to require the county sheriff OR5
178	174		MUNICIPAL JAIL ADMINISTRATOR to transport the in-custody defendant to6
179	175		the municipal court. It is not a violation of this section if a bond hearing7
180	176		is not held within forty-eight hours when the delay is caused by8
181	177		circumstances in which the defendant refuses to attend court, is unable to9
182	178		attend court due to drug or alcohol use, a serious medical or behavioral10
183	179		health emergency, or when the delay is caused by an emergency that11
184	180		requires the court to close. When the A defendant is unable to attend12
185	181		court, the sheriff OR MUNICIPAL JAIL ADMINISTRATOR shall provide the13
186	182		court
187	183		AND MUNICIPAL PUBLIC DEFENDER 'S OFFICE, IF ONE EXISTS, with a14
188	184		list of people subject to this section who did not timely attend court, the15
189	185		date of the person's arrest, and the location where the person is in custody.16
190	186		The sheriff
191	187		OR MUNICIPAL JAIL ADMINISTRATOR shall document the length17
192	188		of the delay, the reason for the delay, and the efforts to abate the18
193	189		emergency. As soon as the emergency has sufficiently abated, the sheriff19
194	190		OR MUNICIPAL JAIL ADMINISTRATOR shall make the in-custody defendant20
195	191		available to appear before the municipal court at the next scheduled bond21
196	192		hearing. Use of audiovisual conferencing technology is permissible to22
197	193		expedite the hearing. When high-speed internet access is unavailable,23
198	194		making audiovisual conferencing impossible, the court may conduct the24
199	195		hearing telephonically.25
200	196		(3) (a) At the hearing required in PURSUANT TO subsection (2) of26
201	197		this section, the municipal court shall either:27
202	198		1147
203	199		-6- (I) Arraign the defendant, INCLUDING ADVISEMENT , BOND1
204	200		SETTING, AND PLEA, UNLESS THE DEFENDANT SEEKS A PLEA CONTINUANCE ;2
205	201		or3
206	202		(c) (I) A
207	203		T THE HEARING REQUIRED PURSUANT TO SUBSECTION (2)4
208	204		OF THIS SECTION, THE DEFENDANT HAS THE RIGHT TO BE REPRESENTED BY5
209	205		COURT-APPOINTED INDIGENT DEFENSE COUNSEL PURSUANT TO SECTION6
210	206		13-10-114.5.7
211	207		(II) B
212	208		EFORE THE HEARING REQUIRED PURSUANT TO SUBSECTION (2)8
213	209		OF THIS SECTION, THE COURT SHALL NOTIFY INDIGENT DEFENSE COUNSEL9
214	210		OF EACH PERSON IN CUSTODY AND PROVIDE INDIGENT DEFENSE COUNSEL10
215	211		SUFFICIENT TIME TO PREPARE FOR AND PRESENT AN INDIVIDUALIZED11
216	212		ARGUMENT REGARDING THE TYPE OF BOND AND CONDITIONS OF RELEASE12
217	213		AT THE HEARING, CONSISTENT WITH THE COURT 'S DOCKET AND13
218	214		SCHEDULING PRIORITIES.14
219	215		(III) T
220	216		HE MUNICIPAL COURT SHALL NOTIFY THE PROSECUTING15
221	217		ATTORNEY OF EACH PERSON WHOSE MATTER IS SET FOR A HEARING16
222	218		REQUIRED PURSUANT TO SUBSECTION (2) OF THIS SECTION. THE17
223	219		PROSECUTING ATTORNEY MAY APPEAR AT ALL INITIAL HEARINGS TO18
224	220		PROVIDE THE PROSECUTING ATTORNEY 'S POSITION REGARDING THE TYPE19
225	221		OF BOND AND CONDITIONS OF RELEASE , AND THE COURT SHALL PROVIDE20
226	222		THE PROSECUTING ATTORNEY SUFFICIENT TIME TO PREPARE FOR AND21
227	223		PRESENT ANY RELEVANT ARGUMENT , CONSISTENT WITH THE COURT 'S22
228	224		DOCKET AND SCHEDULING PRIORITIES .23
229	225		(IV) P
230	226		RIOR TO THE HEARING REQUIRED PURSUANT TO SUBSECTION24
231	227		(2)
232	228		OF THIS SECTION, ANY PRETRIAL SERVICES AGENCY OPERATING IN THAT25
233	229		MUNICIPALITY, OR ANY OTHER AGENCY THAT REPORTS TO THE COURT ,26
234	230		THAT HAS CONDUCTED A PRETRIAL RELEASE ASSESSMENT OR GATHERED27
235	231		1147
236	232		-7- INFORMATION FOR THE COURT'S CONSIDERATION AT THE HEARING SHALL1
237	233		PROVIDE THE PROSECUTING ATTORNEY AND THE DEFENDANT 'S ATTORNEY2
238	234		ALL INFORMATION PROVIDED TO THE COURT REGARDING THE DEFENDANT3
239	235		IN CUSTODY, WHICH MUST INCLUDE, IF PROVIDED TO THE COURT, THE4
240	236		ARREST WARRANT , THE PROBABLE CAUSE STATEMENT , AND THE5
241	237		DEFENDANT'S CRIMINAL HISTORY.6
242	238		(V) B
243	239		EFORE THE HEARING REQUIRED PURSUANT TO SUBSECTION7
244	240		(2)
245	241		OF THIS SECTION, THE SHERIFF AND JAIL PERSONNEL SHALL PROVIDE8
246	242		INDIGENT DEFENSE COUNSEL ACCESS TO THE DEFENDANT WHO WILL BE9
247	243		APPEARING AT THE HEARING AND SHALL ALLOW INDIGENT DEFENSE10
248	244		COUNSEL SUFFICIENT TIME WITH THE DEFENDANT PRIOR TO THE HEARING11
249	245		IN ORDER TO PREPARE FOR THE HEARING .12
250	246		SECTION
251	247		5. In Colorado Revised Statutes, 13-10-112, add (3)13
252	248		and (4) as follows:14
253	249		13-10-112. Powers and procedures. (3) E
254	250		ACH MUNICIPAL COURT15
255	251		SHALL ENSURE ALL COURT PROCEEDINGS, INCLUDING COURT PROCEEDINGS16
256	252		FOR DEFENDANTS IN CUSTODY, ARE ACCESSIBLE TO ANY MEMBER OF THE17
257	253		PUBLIC FOR PUBLIC OBSERVATION.18
258	254		(4) IF A MUNICIPAL COURT RECEIVES NOTICE THAT A DEFENDANT19
259	255		WHO HAS A CRIMINAL OR TRAFFIC MATTER PENDING BEFORE THE COURT IS20
260	256		IN CUSTODY IN COLORADO FOR ANY REASON, THE MUNICIPAL COURT21
261	257		SHALL MAKE DILIGENT EFFORTS TO TIMELY RESOLVE THE MUNICIPAL22
262	258		MATTER, INCLUDING TAKING REASONABLE STEPS TO PROMPTLY BRING THE23
263	259		DEFENDANT BEFORE THE COURT. THE COURT SHALL ASSIGN INDIGENT24
264	260		DEFENSE COUNSEL IN THE SAME MANNER AS REQUIRED BY SECTION25
265	261		13-10-114.5. A MUNICIPAL COURT SHALL NOT DENY A DEFENDANT THE26
266	262		ABILITY TO APPEAR BEFORE THE MUNICIPAL COURT BECAUSE THE27
267	263		1147
268	264		-8- DEFENDANT IS IN CUSTODY FOR ANOTHER, NON-MUNICIPAL MATTER. FOR1
269	265		A HEARING OTHER THAN A TRIAL OR FOR THE PURPOSE OF RESOLUTION BY2
270	266		PLEA, THE COURT MAY PERMIT COUNSEL TO APPEAR ON BEHALF OF THE3
271	267		DEFENDANT PURSUANT TO THE COLORADO MUNICIPAL COURT RULES AND4
272	268		PERMIT APPEARANCE THROUGH AUDIOVISUAL OR TELEPHONIC MEANS, IF5
273	269		AVAILABLE. THIS SUBSECTION (4) DOES NOT PRECLUDE A DEFENDANT6
274	270		FROM EXPRESSLY AGREEING TO DELAY A MATTER ONCE THE DEFENDANT7
275	271		APPEARS BEFORE THE MUNICIPAL COURT .8
276	272		SECTION 6. In Colorado Revised Statutes, 13-10-113, amend9
277	273		(1), (1.5), and (2) as follows:10
278	274		13-10-113. Fines and penalties. (1) (a) Except as provided in11
279	275		subsection (1)(b) of this section, Any A person convicted of violating a12
280	276		municipal ordinance in a municipal court of record may be incarcerated13
281	277		for a period not to exceed three hundred sixty-four days or fined an14
282	278		amount not to exceed two thousand six hundred fifty dollars, or both,15
283	279		SUBJECT TO THE LIMITATIONS IN SUBSECTIONS (1)(b) TO (1)(e) OF THIS16
284	280		SECTION.17
285	281		18
286	282		(b) (I) The limitation on municipal court fines set forth in19
287	283		paragraph (a) of this subsection (1) SUBSECTION (1)(a) OF THIS SECTION20
288	284		shall be adjusted for inflation on January 1, 2014, and on January 1 of21
289	285		each year thereafter.22
290	286		(II) As used in this paragraph (b) SUBSECTION (1)(b), "inflation"23
291	287		means the annual percentage change in the United States department of24
292	288		labor, bureau of labor statistics, consumer price index for25
293	289		Denver-Boulder, all items, all urban consumers, or its successor index.26
294	290		(c) A
295	291		MUNICIPAL COURT OF RECORD SHALL NOT IMPOSE A
296	292		27
297	293		1147
298	294		-9- SENTENCE OF INCARCERATION FOR A DEFENDANT CONVICTED OF1
299	295		VIOLATING A MUNICIPAL ORDINANCE FOR A PERIOD THAT EXCEEDS THE2
300	296		MAXIMUM PENALTY ALLOWED FOR ANY COMPARABLE MISDEMEANOR ,3
301	297		PETTY OFFENSE, CIVIL INFRACTION, TRAFFIC OFFENSE, OR TRAFFIC4
302	298		INFRACTION PURSUANT TO STATE LAW . FOR CONVICTIONS BASED ON A5
303	299		VIOLATION OF A MUNICIPAL ORDINANCE FOR WHICH THERE IS NO6
304	300		COMPARABLE MISDEMEANOR , PETTY OFFENSE, CIVIL INFRACTION, TRAFFIC7
305	301		OFFENSE, OR TRAFFIC INFRACTION PURSUANT TO STATE LAW , THE8
306	302		MUNICIPAL COURT SHALL NOT IMPOSE A SENTENCE OF INCARCERATION9
307	303		THAT EXCEEDS THE MAXIMUM SENTENCE FOR A PETTY OFFENSE PURS UANT10
308	304		TO STATE LAW. A MUNICIPALITY SHALL NOT REQUIRE IMPOSITION OF A11
309	305		MANDATORY MINIMUM JAIL SENTENCE UNLESS THE PERSON IS CONVICTED12
310	306		OF A MUNICIPAL OFFENSE FOR WHICH THERE IS A COMPARABLE STATE13
311	307		OFFENSE OR INFRACTION THAT REQUIRES IMPOSITION OF THE SAME14
312	308		MANDATORY MINIMUM JAIL SENTENCE . A MUNICIPALITY SHALL NOT15
313	309		IMPOSE INCREASED PENALTIES BASED ON A PRIOR CONVICTION UNLESS THE16
314	310		PERSON IS CONVICTED OF A MUNICIPAL OFFENSE FOR WHICH THERE IS A17
315	311		COMPARABLE STATE OFFENSE OR INFRACTION THAT ALLOWS IMPOSITION18
316	312		OF THE SAME INCREASED PENALTIES BASED ON A PRIOR CONVICTION .19
317	313		(d) A MUNICIPAL COURT SHALL NOT IMPOSE A FINE THAT EXCEEDS20
318	314		THE MAXIMUM FINE FOR ANY COMPARABLE STATE OFFENSE OR21
319	315		INFRACTION UNDER STATE LAW. FOR CONVICTIONS BASED ON A MUNICIPAL22
320	316		ORDINANCE FOR WHICH THERE IS NO COMPARABLE STATE OFFENSE OR23
321	317		INFRACTION AND FOR WHICH THE MUNICIPAL CODE ALLOWS FOR A24
322	318		POSSIBLE SENTENCE OF INCARCERATION , THE MUNICIPAL COURT SHALL25
323	319		NOT IMPOSE A FINE THAT EXCEEDS THE MAXIMUM FINE FOR A PETTY26
324	320		OFFENSE PURSUANT TO STATE LAW .27
325	321		1147
326	322		-10- (e) A MUNICIPAL COURT SHALL NOT IMPOSE A MAXIMUM1
327	323		CONSECUTIVE SENTENCE OF INCARCERATION FOR MUNICIPAL OFFENSES2
328	324		CHARGED IN A SINGLE CASE THAT IS MORE THAN TWICE THE MAXIMUM3
329	325		SENTENCE FOR THE HIGHEST CHARGE IN THE CASE .4
330	326		(f) N
331	327		OTWITHSTANDING ANY OTHER PROVISION OF LAW , THE
332	328		5
333	329		PROVISIONS OF SUBSECTIONS (1)(b) TO (1)(d) OF THIS SECTION,6
334	330		SUBSECTION (1.5) OF THIS SECTION, AND SUBSECTION (2) OF THIS SECTION7
335	331		DO NOT APPLY TO A VIOLATION OF A MUNICIPAL ORDINANCE WITH AN8
336	332		UNDERLYING FACTUAL BASIS THAT INCLUDES AN ACT OF DOMESTIC9
337	333		VIOLENCE, AS DEFINED IN SECTION 18-6-800.3, COMMITTED BEFORE APRIL10
338	334		1,
339	335		2026.
340	336		11
341	337		(1.5) Any A MUNICIPAL COURT SHALL NOT SENTENCE TO12
342	338		INCARCERATION A person convicted of violating a municipal ordinance in13
343	339		a municipal court which THAT is not of record may be incarcerated for a14
344	340		period not to exceed ninety days or fined OR FINE THE PERSON IN an15
345	341		amount not to exceed THAT EXCEEDS three hundred dollars. or both16
346	342		(2) In sentencing or fining a violator, the municipal judge COURT17
347	343		shall not exceed the sentence or fine limitations established by ordinance18
348	344		SENTENCE THE VIOLATOR USING THE SENTENCING OR FINE LIMITATIONS19
349	345		ESTABLISHED BY EITHER MUNICIPAL ORDINANCE OR STATE LAW , BASED ON20
350	346		WHICHEVER LIMITATION IS LOWER. Any other provision of the law to the21
351	347		contrary notwithstanding, the municipal judge COURT may suspend the22
352	348		sentence or fine of any A violator and place him THE VIOLATOR on23
353	349		probation for a period not to exceed one year.24
354	350		SECTION 7. In Colorado Revised Statutes, amend as it exists25
355	351		until July 1, 2025, 13-10-114.5 as follows:26
356	352		13-10-114.5. Representation by counsel - independent indigent27
357	353		1147
358	354		-11- defense - definitions. (1) At the time of first appearance on a municipal1
359	355		charge, if the defendant is in custody and the charged offense includes a2
360	356		possible sentence of incarceration, the court shall appoint counsel to3
361	357		represent the defendant for purposes of the initial appearance unless, after4
362	358		a full advisement pursuant to C.M.C.R. 210 and section 16-7-207, C.R.S.,5
363	359		the defendant makes a knowing, intelligent, and voluntary waiver of his6
364	360		or her right to counsel. A MUNICIPALITY SHALL PROVIDE DEFENSE7
365	361		COUNSEL FOR EACH INDIGENT DEFENDANT CHARGED WITH A MUNICIPAL8
366	362		VIOLATION FOR WHICH THE MUNICIPAL CODE ALLOWS A POSSIBLE9
367	363		SENTENCE OF INCARCERATION UNLESS , AFTER BEING FULLY ADVISED10
368	364		PURSUANT TO C.M.C.R. 210 AND SECTION 16-7-207, THE DEFENDANT11
369	365		MAKES A KNOWING, INTELLIGENT, AND VOLUNTARY WAIVER OF THE RIGHT12
370	366		TO COUNSEL.13
371	367		(2) If the defendant remains in custody, the appointment of14
372	368		counsel continues until the defendant is released from custody. If the15
373	369		defendant is released from custody, he or she may apply for16
374	370		court-appointed counsel, and the court shall appoint counsel if the court17
375	371		determines that the defendant is indigent and the charged offense includes18
376	372		a possible sentence of incarceration. AN IN-CUSTODY MUNICIPAL19
377	373		DEFENDANT IS PRESUMED INDIGENT AND AUTOMATICALLY ENTITLED TO20
378	374		REPRESENTATION BY COURT-APPOINTED COUNSEL AT AND DURING EVERY21
379	375		IN-CUSTODY COURT APPEARANCE . A MUNICIPALITY THAT AUTHORIZES22
380	376		LAW ENFORCEMENT TO ARREST AN INDIVIDUAL FOR AN ALLEGED23
381	377		MUNICIPAL CODE VIOLATION SHALL ENSURE INDIGENT DEFENSE COUNSEL24
382	378		IS PRESENT AND AVAILABLE TO REPRESENT AN IN -CUSTODY DEFENDANT25
383	379		AT ALL COURT APPEARANCES AND T HAT COURT APPEARANCES OCCUR26
384	380		WITHIN THE TIME FRAMES ESTABLISHED IN SECTION 13-10-111.5 (2). FOR27
385	381		1147
386	382		-12- A COURT APPEARANCE AT WHICH THE MUNICIPAL COURT IS REQUIRED TO1
387	383		SET A PERSONAL RECOGNIZANCE BOND , THE RIGHT TO INDIGENT DEFENSE2
388	384		COUNSEL AT THE HEARING REMAINS IN PLACE, AS DOES THE REQUIREMENT3
389	385		THAT THE COURT CONDUCT PROCEEDINGS BEFORE SETTING BOND AS4
390	386		REQUIRED BY SECTION 13-10-111.5 (3).5
391	387		(3) I
392	388		F A DEFENDANT IS IN CUSTODY, CANNOT POST BAIL OR IS NOT6
393	389		ALLOWED TO POST BAIL, AND HAS A MUNICIPAL HOLD, INDIGENT DEFENSE7
394	390		COUNSEL FOR THE HOLDING MUNICIPALITY MAY AUTOMATICALLY ELECT8
395	391		TO REPRESENT THE DEFENDANT
396	392		IN THE MUNICIPAL CASE AND SHALL9
397	393		NOTIFY THE MUNICIPAL COURT EITHER VERBALLY OR IN WRITING OF THE10
398	394		REPRESENTATION. IF A MUNICIPAL COURT RECEIVES NOTICE , INCLUDING11
399	395		FROM AN INCARCERATED DEFENDANT , JAIL, OR CORRECTIONAL FACILITY,12
400	396		OF A DEFENDANT IN CUSTODY WHO CANNOT POST BAIL OR IS NOT13
401	397		ALLOWED TO POST BAIL, AND HAS A MUNICIPAL HOLD , THE HOLDING14
402	398		MUNICIPAL COURT SHALL EITHER APPOINT INDIGENT DEFENSE COUNSEL TO15
403	399		REPRESENT THE DEFENDANT IN THE MUNICIPAL CASE WHILE THE16
404	400		DEFENDANT IS IN CUSTODY OR NOTIFY THE DEFENDANT 'S INDIGENT17
405	401		DEFENSE COUNSEL TO ALLOW INDIGENT DEFENSE COUNSEL THE18
406	402		OPPORTUNITY TO AUTOMATICALLY ELECT TO REPRESENT THE DEFENDANT19
407	403		WHILE THE DEFENDANT IS IN CUSTODY .20
408	404		(3.5) AT THE TIME OF A DEFENDANT 'S FIRST OUT-OF-CUSTODY21
409	405		APPEARANCE IN MUNICIPAL COURT FOR A VIOLATION FOR WHICH THE22
410	406		MUNICIPAL CODE ALLOWS A POSSIBLE SENTENCE OF INCARCERATION, THE23
411	407		COURT SHALL ADVISE THE DEFENDANT OF THE DEFENDANT'S RIGHT TO24
412	408		COUNSEL. THE COURT MAY INQUIRE AND MAKE A DETERMINATION AS TO25
413	409		INDIGENCE IMMEDIATELY UPON REQUEST OR SHALL ADVISE THE26
414	410		DEFENDANT OF THE PROCEDURE TO APPLY FOR COURT-APPOINTED27
415	411		1147
416	412		-13- INDIGENT DEFENSE COUNSEL. IF THE COURT DETERMINES THE DEFENDANT1
417	413		IS INDIGENT, THE COURT SHALL APPOINT INDIGENT DEFENSE COUNSEL IN2
418	414		THE MUNICIPAL CASE UNLESS, AFTER BEING FULLY ADVISED PURSUANT TO3
419	415		RULE 210 OF THE COLORADO MUNICIPAL COURT RULES AND SECTION4
420	416		16-7-207, THE DEFENDANT MAKES A KNOWING, INTELLIGENT, AND5
421	417		VOLUNTARY WAIVER OF THE RIGHT TO COUNSEL. NOTHING IN THIS6
422	418		SECTION PREVENTS THE COURT FROM MAKING A DETERMINATION OF7
423	419		INDIGENCE IN ADVANCE OF AN OUT -OF-CUSTODY HEARING OR AT THE8
424	420		SAME HEARING WHEN THE DEFENDANT REQUESTS APPOINTMENT OF9
425	421		COUNSEL.10
426	422		(3) (4) (a) On and after January 1, 2020, each municipality shall11
427	423		provide independent indigent defense for each indigent defendant charged12
428	424		with a municipal code violation for which there is a possible sentence of13
429	425		incarceration. Independent indigent defense requires, at minimum, that a14
430	426		nonpartisan entity independent of the municipal court and municipal15
431	427		officials oversee or evaluate indigent defense counsel.16
432	428		(b) (I) Because the office of alternate defense counsel created in17
433	429		section 21-2-101 is an independent system of indigent defense overseen18
434	430		by an independent commission, provision of indigent defense by lawyers19
435	431		evaluated or overseen by the office of alternate defense counsel satisfies20
436	432		the requirement described in subsection (3)(a) SUBSECTION (4)(a) of this21
437	433		section.22
438	434		(II) Because a legal aid clinic at any Colorado law school23
439	435		accredited by the American bar association is an independent system of24
440	436		indigent defense overseen by the dean of the law school with which it is25
441	437		affiliated, any A provision or oversight of indigent defense through a legal26
442	438		aid clinic associated with any Colorado law school accredited by the27
443	439		1147
444	440		-14- American bar association satisfies the requirement described in1
445	441		subsection (3)(a) SUBSECTION (4)(a) of this section.2
446	442		(c) To satisfy the requirement described in subsection (3)(a)3
447	443		SUBSECTION (4)(a) of this section, a municipality that contracts directly4
448	444		with one or more defense attorneys to provide counsel to indigent5
449	445		defendants shall ensure that:6
450	446		(I) The process to select indigent defense attorneys is transparent7
451	447		and based on merit; and8
452	448		(II) Each contracted indigent defense attorney is periodically9
453	449		evaluated by an independent entity for competency and independence.10
454	450		The municipality shall evaluate each newly hired defense attorney as soon11
455	451		as practicable but no later than one year after he or she THE DEFENSE12
456	452		ATTORNEY is hired. Otherwise, the municipality shall evaluate each13
457	453		defense attorney at least every three years. An independent entity that14
458	454		evaluates defense attorneys pursuant to this subsection (3)(c)(II)15
459	455		SUBSECTION (4)(c)(II) shall provide evaluation results and any16
460	456		recommendations for corrective action in writing to the municipality. For17
461	457		the purpose of this subsection (3) SUBSECTION (4), "independent entity"18
462	458		means:19
463	459		(A) The office of alternate defense counsel;20
464	460		(B) An attorney or a group of attorneys, each of whom has21
465	461		substantial experience practicing criminal defense in Colorado within the22
466	462		preceding five years, so long as the attorney or group of attorneys is not23
467	463		affiliated with the municipality receiving the services, including any A24
468	464		municipal judge, prosecutor, or indigent defense attorney; or25
469	465		(C) A local or regional independent indigent defense commission,26
470	466		as described in subsection (3)(d) SUBSECTION (4)(d) of this section.27
471	467		1147
472	468		-15- (d) (I) To satisfy the requirement described in subsection (3)(a)1
473	469		SUBSECTION (4)(a) of this section, a municipality may establish a local2
474	470		independent indigent defense commission or coordinate with one or more3
475	471		other municipalities to establish a regional independent indigent defense4
476	472		commission. Any local or regional independent indigent defense5
477	473		commission in existence as of January 1, 2018, is deemed to be in6
478	474		compliance with this subsection (3)(d) SUBSECTION (4)(d) and may7
479	475		continue as established.8
480	476		(II) Each local or regional independent indigent defense9
481	477		commission
482	478		ESTABLISHED PURSUANT TO THIS SUBSECTION (4)(d) must10
483	479		include at least three members, each of whom is selected by the chief11
484	480		municipal judge in consultation with the Colorado criminal defense bar,12
485	481		the office of alternate defense counsel, or the office of the state public13
486	482		defender. Prior to serving on a commission, any commission member who14
487	483		is selected by a chief municipal judge must be approved by the office of15
488	484		alternate defense counsel. The office of alternate defense counsel shall16
489	485		approve such appointed commission members whom the office, in its17
490	486		discretion, deems likely to promote the provision of competent and18
491	487		independent indigent defense.19
492	488		(III) The terms and procedures for the members of a local or20
493	489		regional independent indigent defense commission must be
494	490		ESTABLISHED21
495	491		PURSUANT TO THIS SUBSECTION (4)(d) ARE determined by the municipality22
496	492		or municipalities that establish ESTABLISHED the independent indigent23
497	493		defense commission.24
498	494		(IV) A local or regional independent indigent defense commission25
499	495		established pursuant to this subsection (3)(d) SUBSECTION (4)(d) has the26
500	496		responsibility and exclusive authority to appoint indigent defense counsel27
501	497		1147
502	498		-16- for a term of at least one year or more to be served until a successor is1
503	499		appointed. The independent indigent defense commission retains sole2
504	500		authority to supervise the indigent defense counsel and discharge him or3
505	501		her THEM for cause.4
506	502		(V) A local or regional independent indigent defense commission5
507	503		ESTABLISHED PURSUANT TO THIS SUBSECTION (4)(d), through its ability to6
508	504		supervise, appoint, and discharge the indigent defense counsel
509	505		PURSUANT7
510	506		TO SUBSECTION (4)(d)(IV) OF THIS SECTION, shall ensure that indigent8
511	507		defendants accused of violations of municipal ordinances for which there9
512	508		is a possible sentence of incarceration are represented independently of10
513	509		any political considerations or private interests, that such
514	510		THE indigent11
515	511		defendants receive legal services that are commensurate with those12
516	512		available to nonindigent defendants, and that municipal indigent defense13
517	513		attorneys provide representation in accordance with the Colorado rules of14
518	514		professional conduct and the American bar association standards relating15
519	515		to the administration of criminal justice.16
520	516		(VI) A local or regional independent indigent defense commission17
521	517		ESTABLISHED PURSUANT TO THIS SUBSECTION (4)(d) shall not interfere18
522	518		with the discretion, judgment, and zealous advocacy of indigent defense19
523	519		attorneys in specific cases.20
524	520		(VII) A local or regional independent indigent defense21
525	521		commission
526	522		ESTABLISHED PURSUANT TO THIS SUBSECTION (4)(d) shall22
527	523		make recommendations to its municipality or municipalities regarding the23
528	524		provision of adequate monetary resources to provide legal services to24
529	525		indigent defendants accused of violations of such municipal ordinances.25
530	526		(VIII) The members of an independent indigent defense26
531	527		commission
532	528		ESTABLISHED PURSUANT TO THIS SUBSECTION (4)(d) shall27
533	529		1147
534	530		-17- serve without compensation; except that a municipality that establishes1
535	531		a local independent indigent defense commission or that coordinates with2
536	532		one or more other municipalities to establish a regional independent3
537	533		indigent defense commission shall reimburse the members of the4
538	534		commission for actual and reasonable expenses incurred in the5
539	535		performance of their duties.6
540	536		(5) I
541	537		F A DEFENDANT REMAINS IN CUSTODY , THE APPOINTMENT OF7
542	538		COUNSEL CONTINUES UNTIL THE DEFE NDANT IS RELEASED FROM CUSTODY .8
543	539		I
544	540		F A DEFENDANT IS RELEASED FROM CUSTODY , THE DEFENDANT MAY9
545	541		APPLY FOR COURT-APPOINTED COUNSEL, AND THE COURT SHALL APPOINT10
546	542		COUNSEL IF THE COURT DETERMINES THAT THE DEFENDANT IS INDIGENT11
547	543		AND THE CHARGED OFFENSE INCLUDES A POSSIBLE SENTENCE OF12
548	544		INCARCERATION.13
549	545		SECTION
550	546		8. In Colorado Revised Statutes, amend as it will14
551	547		become effective July 1, 2025, 13-10-114.5 as follows:15
552	548		13-10-114.5. Representation by counsel - independent indigent16
553	549		defense - definitions. (1) At the time of first appearance on a municipal17
554	550		charge, if the defendant is in custody and the charged offense includes a18
555	551		possible sentence of incarceration, the court shall appoint counsel to19
556	552		represent the defendant for purposes of the initial appearance unless, after20
557	553		a full advisement pursuant to C.M.C.R. 210 and section 16-7-207, C.R.S.,21
558	554		the defendant makes a knowing, intelligent, and voluntary waiver of his22
559	555		or her right to counsel. A MUNICIPALITY SHALL PROVIDE DEFENSE23
560	556		COUNSEL FOR EACH INDIGENT DEFENDANT CHARGED WITH A MUNICIPAL24
561	557		VIOLATION FOR WHICH THE MUNICIPAL CODE ALLOWS A POSSIBLE25
562	558		SENTENCE OF INCARCERATION UNLESS , AFTER BEING FULLY ADVISED26
563	559		PURSUANT TO C.M.C.R. 210 AND SECTION 16-7-207, THE DEFENDANT27
564	560		1147
565	561		-18- MAKES A KNOWING, INTELLIGENT, AND VOLUNTARY WAIVER OF THE RIGHT1
566	562		TO COUNSEL.2
567	563		(2) If the defendant remains in custody, the appointment of3
568	564		counsel continues until the defendant is released from custody. If the4
569	565		defendant is released from custody, he or she may apply for5
570	566		court-appointed counsel, and the court shall appoint counsel if the court6
571	567		determines that the defendant is indigent and the charged offense includes7
572	568		a possible sentence of incarceration. AN IN-CUSTODY MUNICIPAL8
573	569		DEFENDANT IS PRESUMED INDIGENT AND AUTOMATICALLY ENTITLED TO9
574	570		REPRESENTATION BY COURT-APPOINTED COUNSEL AT AND DURING EVERY10
575	571		IN-CUSTODY COURT APPEARANCE . A MUNICIPALITY THAT AUTHORIZES11
576	572		LAW ENFORCEMENT TO ARREST AN INDIVIDUAL FOR AN ALLEGED12
577	573		MUNICIPAL CODE VIOLATION SHALL ENSURE INDIGENT DEFENSE COUNSEL13
578	574		IS PRESENT AND AVAILABLE TO REPRESENT AN IN -CUSTODY DEFENDANT14
579	575		AT ALL COURT APPEARANCES AND THAT COURT APPEARANCES OCCUR15
580	576		WITHIN THE TIME FRAMES ESTABLISHED IN SECTION 13-10-111.5 (2). FOR16
581	577		A COURT APPEARANCE AT WHICH THE MUNICIPAL COURT IS REQUIRED TO17
582	578		SET A PERSONAL RECOGNIZANCE BOND , THE RIGHT TO INDIGENT DEFENSE18
583	579		COUNSEL AT THE HEARING REMAINS IN PLACE, AS DOES THE REQUIREMENT19
584	580		THAT THE COURT CONDUCT PROCEEDINGS BEFORE SETTING BOND AS20
585	581		REQUIRED BY SECTION 13-10-111.5 (3).21
586	582		(3) I
587	583		F A DEFENDANT IS IN CUSTODY, CANNOT POST BAIL OR IS NOT22
588	584		ALLOWED TO POST BAIL, AND HAS A MUNICIPAL HOLD, INDIGENT DEFENSE23
589	585		COUNSEL FOR THE HOLDING MUNICIPALITY MAY AUTOMATICALLY ELECT24
590	586		TO REPRESENT THE DEFENDANT
591	587		IN THE MUNICIPAL CASE AND SHALL25
592	588		NOTIFY THE MUNICIPAL COURT EITHER VERBALLY OR IN WRITING OF THE26
593	589		REPRESENTATION. IF A MUNICIPAL COURT RECEIVES NOTICE , INCLUDING27
594	590		1147
595	591		-19- FROM AN INCARCERATED DEFENDANT , JAIL, OR CORRECTIONAL FACILITY,1
596	592		OF A DEFENDANT IN CUSTODY WHO CANNOT POST BAIL OR IS NOT2
597	593		ALLOWED TO POST BAIL, AND HAS A MUNICIPAL HOLD , THE HOLDING3
598	594		MUNICIPAL COURT SHALL EITHER APPOINT INDIGENT DEFENSE COUNSEL TO4
599	595		REPRESENT THE DEFENDANT WHILE THE DEFENDANT IS IN CUSTODY OR5
600	596		NOTIFY THE DEFENDANT 'S INDIGENT DEFENSE COUNSEL TO ALLOW6
601	597		INDIGENT DEFENSE COUNSEL THE OPPORTUNITY TO AUTOMATICALLY7
602	598		ELECT TO REPRESENT THE DEFENDANT WHILE THE DEFENDANT IS IN8
603	599		CUSTODY.9
604	600		(3.5) AT THE TIME OF A DEFENDANT'S FIRST OUT-OF-CUSTODY10
605	601		APPEARANCE IN MUNICIPAL COURT FOR A VIOLATION FOR WHICH THE11
606	602		MUNICIPAL CODE ALLOWS A POSSIBLE SENTENCE OF INCARCERATION, THE12
607	603		COURT SHALL ADVISE THE DEFENDANT OF THE DEFENDANT'S RIGHT TO13
608	604		COUNSEL. THE COURT MAY INQUIRE AND MAKE A DETERMINATION AS TO14
609	605		INDIGENCE IMMEDIATELY UPON REQUEST OR SHALL ADVISE THE15
610	606		DEFENDANT OF THE PROCEDURE TO APPLY FOR COURT-APPOINTED16
611	607		INDIGENT DEFENSE COUNSEL. IF THE COURT DETERMINES THE DEFENDANT17
612	608		IS INDIGENT, THE COURT SHALL APPOINT INDIGENT DEFENSE COUNSEL IN18
613	609		THE MUNICIPAL CASE UNLESS, AFTER BEING FULLY ADVISED PURSUANT TO19
614	610		RULE 210 OF THE COLORADO MUNICIPAL COURT RULES AND SECTION20
615	611		16-7-207, THE DEFENDANT MAKES A KNOWING, INTELLIGENT, AND21
616	612		VOLUNTARY WAIVER OF THE RIGHT TO COUNSEL. NOTHING IN THIS22
617	613		SECTION PREVENTS THE COURT FROM MAKING A DETERMINATION OF23
618	614		INDIGENCE IN ADVANCE OF AN OUT-OF-CUSTODY HEARING OR AT THE24
619	615		SAME HEARING WHEN THE DEFENDANT REQUESTS APPOINTMENT OF25
620	616		COUNSEL.26
621	617		(3) (4) (a) On and after January 1, 2020, each municipality shall27
622	618		1147
623	619		-20- provide independent indigent defense for each indigent defendant charged1
624	620		with a municipal code violation for which there is a possible sentence of2
625	621		incarceration. Independent indigent defense requires, at minimum, that a3
626	622		nonpartisan entity independent of the municipal court and municipal4
627	623		officials oversee or evaluate indigent defense counsel.5
628	624		(b) (I) Because the office of alternate defense counsel created in6
629	625		section 21-2-101 is an independent system of indigent defense overseen7
630	626		by an independent commission, provision of indigent defense by lawyers8
631	627		evaluated or overseen by the office of alternate defense counsel satisfies9
632	628		the requirement described in subsection (3)(a) SUBSECTION (4)(a) of this10
633	629		section.11
634	630		(II) Because a legal aid clinic at any Colorado law school12
635	631		accredited by the American bar association is an independent system of13
636	632		indigent defense overseen by the dean of the law school with which it is14
637	633		affiliated, any THE provision or oversight of indigent defense through a15
638	634		legal aid clinic associated with any Colorado law school accredited by the16
639	635		American bar association satisfies the requirement described in17
640	636		subsection (3)(a) SUBSECTION (4)(a) of this section.18
641	637		(c) To satisfy the requirement described in subsection (3)(a)19
642	638		SUBSECTION (4)(a) of this section, a municipality that contracts directly20
643	639		with one or more defense attorneys to provide counsel to indigent21
644	640		defendants shall ensure that:22
645	641		(I) The process to select indigent defense attorneys is transparent23
646	642		and based on merit;24
647	643		(II) Each contracted indigent defense attorney is periodically25
648	644		evaluated by an independent entity for competency and independence.26
649	645		The municipality shall evaluate each newly hired defense attorney as soon27
650	646		1147
651	647		-21- as practicable but no later than one year after he or she THE DEFENSE1
652	648		ATTORNEY is hired. Otherwise, the municipality shall evaluate each2
653	649		defense attorney at least every three years. An independent entity that3
654	650		evaluates defense attorneys pursuant to this subsection (3)(c)(II)4
655	651		SUBSECTION (4)(c)(II) shall provide evaluation results and any5
656	652		recommendations for corrective action in writing to the municipality. For6
657	653		the purpose of this subsection (3) SUBSECTION (4), "independent entity"7
658	654		means:8
659	655		(A) The office of alternate defense counsel;9
660	656		(B) An attorney or a group of attorneys, each of whom has10
661	657		substantial experience practicing criminal defense in Colorado within the11
662	658		preceding five years, so long as the attorney or group of attorneys is not12
663	659		affiliated with the municipality receiving the services, including any A13
664	660		municipal judge, prosecutor, or indigent defense attorney; or14
665	661		(C) A local or regional independent indigent defense commission,15
666	662		as described in subsection (3)(d) SUBSECTION (4)(d) of this section.16
667	663		(III) (A) The contract does not use a fixed or flat-fee payment17
668	664		structure for indigent defense services but instead uses the same payment18
669	665		structure and rates that are paid by the state of Colorado to attorneys and19
670	666		other interdisciplinary team members under contract with the office of20
671	667		alternate defense counsel created in section 21-2-101 and that are21
672	668		consistent with chief justice directive 04-04, or any successor chief justice22
673	669		directive.23
674	670		(B) This subsection (3)(c)(III) only applies to a municipality that24
675	671		prosecutes an act of domestic violence, as defined in section 18-6-800.3.25
676	672		(C) For the purposes of this subsection (3)(c) SUBSECTION (4)(c),26
677	673		"fixed or flat-fee payment structure" means a fee paid as a MAXIMUM27
678	674		1147
679	675		-22- fixed amount for specified legal services, regardless of the time or effort1
680	676		involved, but does not include an amount paid as a salary or on a salary2
681	677		basis.3
682	678		(d) (I) To satisfy the requirement described in subsection (3)(a)4
683	679		SUBSECTION (4)(a) of this section, a municipality may establish a local5
684	680		independent indigent defense commission or coordinate with one or more6
685	681		other municipalities to establish a regional independent indigent defense7
686	682		commission. Any A local or regional independent indigent defense8
687	683		commission in existence as of January 1, 2018, is deemed to be in9
688	684		compliance with this subsection (3)(d) SUBSECTION (4)(d) and may10
689	685		continue as established.11
690	686		(II) Each local or regional independent indigent defense12
691	687		commission
692	688		ESTABLISHED PURSUANT TO THIS SUBSECTION (4)(d) must13
693	689		include at least three members, each of whom is selected by the chief14
694	690		municipal judge in consultation with the Colorado criminal defense bar,15
695	691		the office of alternate defense counsel, or the office of the state public16
696	692		defender. Prior to serving on a commission, any commission member who17
697	693		is selected by a chief municipal judge must be approved by the office of18
698	694		alternate defense counsel. The office of alternate defense counsel shall19
699	695		approve such appointed commission members whom the office, in its20
700	696		discretion, deems likely to promote the provision of competent and21
701	697		independent indigent defense.22
702	698		(III) The terms and procedures for the members of a local or23
703	699		regional independent indigent defense commission must be
704	700		ESTABLISHED24
705	701		PURSUANT TO THIS SUBSECTION (4)(d) ARE determined by the municipality25
706	702		or municipalities that establish ESTABLISHED the independent indigent26
707	703		defense commission.27
708	704		1147
709	705		-23- (IV) A local or regional independent indigent defense commission1
710	706		established pursuant to this subsection (3)(d) SUBSECTION (4)(d) has the2
711	707		responsibility and exclusive authority to appoint indigent defense counsel3
712	708		for a term of at least one year or more to be served until a successor is4
713	709		appointed. The independent indigent defense commission retains sole5
714	710		authority to supervise the indigent defense counsel and discharge him or6
715	711		her THEM for cause.7
716	712		(V) A local or regional independent indigent defense commission8
717	713		ESTABLISHED PURSUANT TO THIS SUBSECTION (4)(d), through its ability to9
718	714		supervise, appoint, and discharge the indigent defense counsel
719	715		PURSUANT10
720	716		TO SUBSECTION (4)(d)(IV) OF THIS SECTION, shall ensure that indigent11
721	717		defendants accused of violations of municipal ordinances for which there12
722	718		is a possible sentence of incarceration are represented independently of13
723	719		any political considerations or private interests, that such indigent14
724	720		defendants receive legal services that are commensurate with those15
725	721		available to nonindigent defendants, and that municipal indigent defense16
726	722		attorneys provide representation in accordance with the Colorado rules of17
727	723		professional conduct and the American bar association standards relating18
728	724		to the administration of criminal justice.19
729	725		(VI) A local or regional independent indigent defense commission20
730	726		ESTABLISHED PURSUANT TO THIS SUBSECTION (4)(d) shall not interfere21
731	727		with the discretion, judgment, and zealous advocacy of indigent defense22
732	728		attorneys in specific cases.23
733	729		(VII) A local or regional independent indigent defense24
734	730		commission
735	731		ESTABLISHED PURSUANT TO THIS SUBSECTION (4)(d) shall25
736	732		make recommendations to its municipality or municipalities regarding the26
737	733		provision of adequate monetary resources to provide legal services to27
738	734		1147
739	735		-24- indigent defendants accused of violations of such municipal ordinances.1
740	736		(VIII) The members of an independent indigent defense2
741	737		commission
742	738		ESTABLISHED PURSUANT TO THIS SUBSECTION (4)(d) shall3
743	739		serve without compensation; except that a municipality that establishes4
744	740		a local independent indigent defense commission or that coordinates with5
745	741		one or more other municipalities to establish a regional independent6
746	742		indigent defense commission shall reimburse the members of the7
747	743		commission for actual and reasonable expenses incurred in the8
748	744		performance of their duties.9
749	745		(5) I
750	746		F A DEFENDANT REMAINS IN CUSTODY , THE APPOINTMENT OF10
751	747		COUNSEL CONTINUES UNTIL THE DEFE NDANT IS RELEASED FROM CUSTODY .11
752	748		I
753	749		F A DEFENDANT IS RELEASED FROM CUSTODY , THE DEFENDANT MAY12
754	750		APPLY FOR COURT-APPOINTED COUNSEL, AND THE COURT SHALL APPOINT13
755	751		COUNSEL IF THE COURT DETERMINES THAT THE DEFENDANT IS INDIGENT14
756	752		AND THE CHARGED OFFENSE INCLUDES A POSSIBLE SENTENCE OF15
757	753		INCARCERATION.16
758	754		SECTION
759	755		9. In Colorado Revised Statutes, 21-2-103, amend (5)17
760	756		as follows:18
761	757		21-2-103. Representation of persons who are indigent -19
762	758		definition. (5) The office of alternate defense counsel may, but is not20
763	759		required to, evaluate the performance of attorneys providing indigent21
764	760		defense in municipal courts at the request of any municipality, as22
765	761		described in section 13-10-114.5 (3)(c)(II) SECTION 13-10-114.523
766	762		(4)(c)(II). The office of alternate defense counsel shall not perform any24
767	763		such evaluations without sufficient funding for personnel to perform such25
768	764		evaluations.26
769	765		SECTION 10. In Colorado Revised Statutes, 21-2-108, amend27
770	766		1147
771	767		-25- (2) as follows:1
772	768		21-2-108. Conflict-free defense for indigent persons in2
773	769		municipal courts - fund created. (2) A municipality that wants to utilize3
774	770		the services of the office of alternate defense counsel to evaluate the4
775	771		provision of defense counsel to indigent defendants as described in5
776	772		section 13-10-114.5 (3)(c)(II)(A) SECTION 13-10-114.5 (4)(c)(II)(A)6
777	773		during the next calendar year shall request such services on or before7
778	774		September 1, 2018, and on or before September 1 each year thereafter.8
779	775		SECTION 11. Safety clause. The general assembly finds,9
780	776		determines, and declares that this act is necessary for the immediate10
781	777		preservation of the public peace, health, or safety or for appropriations for11
782	778		the support and maintenance of the departments of the state and state12
783	779		institutions.13
784	780		1147
785	781		-26-