First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 25-0463.01 Michael Dohr x4347
HOUSE BILL 25-1147
House Committees Senate Committees
Judiciary Judiciary
A BILL FOR AN ACT
C
ONCERNING MEASURES TO ENS URE THAT MUNICIPAL COURT101
DEFENDANTS ARE SUBJECT TO SIMI LAR CONDITIONS AS STATE102
COURT DEFENDANTS .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 caps the maximum incarceration sentence for a municipal
violation that has a comparable state law crime at the same length as the
state-level offense. When there is no comparable state-level offense, the
maximum period of incarceration is capped at the maximum for a
state-level petty offense. Mandatory minimums and increased penalties
SENATE
3rd Reading Unamended
April 4, 2025
SENATE
Amended 2nd Reading
April 3, 2025
HOUSE
3rd Reading Unamended
March 7, 2025
HOUSE
Amended 2nd Reading
March 5, 2025
HOUSE SPONSORSHIP
Mabrey and Velasco, Bacon, Carter, Garcia, Gilchrist, Zokaie, Brown, English, Espenoza,
Froelich, Jackson, Lindsay, Sirota, Story
SENATE SPONSORSHIP
Amabile and Weissman, Gonzales J., Hinrichsen, Ball, Cutter, Exum, Jodeh, Kipp,
Michaelson Jenet, Sullivan, Wallace
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. based on prior convictions are prohibited unless the person is convicted
of a municipal offense for which there is a comparable state offense or of
an infraction that allows imposition of the same mandatory minimum or
increased penalties based on prior convictions. The bill also caps a
consecutive municipal sentence at 2 times the highest charge in the case.
The bill clarifies that municipal court defendants have a right to
counsel and that municipal defense counsel have the same notice, case
information, and opportunity to meet with their clients as do state-level
defense counsel. Current law prohibits paying indigent municipal defense
counsel on a fixed or flat-fee payment structure if the municipality
prosecutes domestic violence cases. The bill applies the prohibition to all
municipalities.
All municipal court proceedings are required to be open to public
observation. Virtual observation is required for all in-custody
proceedings, and prompt resolution of municipal cases is required.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Fair and consistent criminal sentencing, access to counsel for4
indigent people accused of crimes, and transparency of court proceedings5
across Colorado are matters of statewide concern;6
(b) Disparities in criminal sentencing reduce the fairness,7
rationality, and equity of Colorado's criminal justice system;8
(c) In 2020, Governor Jared Polis, in his Biennial Topics Letter,9
directed the Colorado Commission on Criminal and Juvenile Justice to10
propose comprehensive reform to Colorado's sentencing laws, explaining:11
"Our sentencing scheme should be rational, just, and consistent so that the12
punishment fits the conduct";13
(d) In this letter, Governor Polis listed as "values" to guide14
sentencing reform: "Ensuring fair and consistent treatment" and15
"Eliminating unjustified disparities in sentencing";16
(e) Following Governor Polis' directive, the Colorado17
1147-2- Commission on Criminal and Juvenile Justice recommended passage of1
Senate Bill 21-271, which standardized and rationalized sentencing for2
misdemeanors in state court. The bill was silent with regard to application3
to municipal courts;4
(f) Senate Bill 21-271 passed with bipartisan, law enforcement,5
and criminal justice reformer support;6
(g) Since the passage of Senate Bill 21-271, some municipal7
courts have exercised their authority to sentence defendants to jail for up8
to 364 days for crimes related to poverty, which are capped at a 10-day9
jail sentence in state court under Senate Bill 21-271;10
(h) The sentencing disparities between municipal and state courts11
is a matter of statewide concern, requiring action to align sentences to12
avoid irrational, unjust, and excessive punishments that are out of step13
with Colorado values and legal standards; 14
(i) The sentencing disparities between municipal and state courts15
creates a 2-tiered system of justice that ensures unequal treatment under16
the law, which is inconsistent with Colorado values and legal standards;17
and18
(j) With respect to domestic violence offenses, implementing19
these changes as of April 1, 2026, permits municipalities to revise their20
ordinances to ensure the adequate protection of domestic violence victims21
and to promote consistent sentencing practices across all such cases.22
(2) Therefore, the general assembly expressly declares that there23
is a need to end sentencing disparities between state and municipal courts24
in order to ensure equal treatment under the law for all Coloradans.25
SECTION 2. In Colorado Revised Statutes, 13-1-132, amend26
(3.5)(a)(III) and (4); and add (3.5)(a)(III.5), (3.5)(g.5), and (3.5)(h) as27
1147
-3- follows:1
13-1-132. Use of interactive audiovisual devices and2
communication technology in court proceedings. (3.5) (a) All3
Colorado courts, including municipal courts, shall make any criminal4
court proceeding conducted in open court available for remote public5
viewing and listening in real time, at no cost to the public, through an6
online platform, which may include a participatory web conferencing7
platform, and post prominently on the court's website the links for remote8
observation, unless:9
(III) Technology or Staffing or internet issues limit or prevent10
remote observation; or11
(III.5) TEMPORARY OR INTERMITTENT INTERNET OR TECHNOLOGY12
ISSUES LIMIT OR PREVENT REMOTE OBSERVATION ; OR13
(g.5) T
HE EXCEPTIONS TO REMOTE OBSERVATION DESCRIBED IN14
SUBSECTION (3.5)(a) OF THIS SECTION ARE CASE SPECIFIC AND FACT15
SPECIFIC, SO A COURT SHALL NOT ADOPT BLANKET RULES PROHIBITING16
REMOTE OBSERVATION FOR ANY CATEGORIES OF CASES OR TYPES OF17
PROCEEDINGS.18
(h) T
HE EXCEPTIONS DESCRIBED IN SUBSECTIONS (3.5)(a)(I) AND19
(3.5)(a)(III)
OF THIS SECTION DO NOT APPLY TO COURT PROCEEDINGS IN20
WHICH THE DEFENDANT IS IN CUSTODY .21
(4) T
HE REQUIREMENTS OF THIS SECTION SUPERSEDE ANY22
STATUTE, JUDICIAL GUIDANCE, OR CHIEF JUSTICE DIRECTIVE LIMITING23
REMOTE PUBLIC OBSERVATION OF CRIMINAL COURTS , INCLUDING CHIEF24
JUSTICE DIRECTIVE 23-02 ADOPTED BEFORE THE EFFECTIVE DATE OF25
H
OUSE BILL 25-1147.
The supreme court may prescribe rules of26
procedure pursuant to section 13-2-109 to implement this section,
BUT27
1147
-4- THE RULES MUST NOT NARROW OR CONFLICT WITH THE REQUIREMENTS OF1
THIS SECTION.2
SECTION 3. In Colorado Revised Statutes, amend 13-10-103 as3
follows:4
13-10-103. Applicability. This article 10 applies to and governs5
the operation of municipal courts in the cities and towns of this state.6
Except for the provisions relating to the method of salary payment for7
municipal judges; the incarceration of children pursuant to sections8
19-2.5-305 and 19-2.5-1511; the appearance of the parent, guardian, or9
lawful custodian of any child under eighteen years of age who is charged10
with a municipal offense as required by section 13-10-111; the right to a11
trial by jury for petty offenses pursuant to section 16-10-109; relief from12
improperly entered guilty pleas pursuant to section 18-1-410.6; the13
prosecution of an alleged act of domestic violence, as defined in section14
18-6-800.3; making a criminal court proceeding conducted in open court15
available for remote public viewing and listening in real time; rules of16
procedure promulgated ADOPTED by the supreme court; and appellate17
procedure;
SENTENCING LIMITATIONS IN SECTION 13-10-113; AND THE18
RIGHT TO COUNSEL FOR
CERTAIN INDIGENT DEFENDANTS PURSUANT TO19
SECTION 13-10-114.5, this article 10 may be superseded by charter or20
ordinance enacted by a home rule city.21
SECTION 4. In Colorado Revised Statutes, 13-10-111.5, amend22
(2), (3)(a) introductory portion, and (3)(a)(I); and add (3)(c) as follows:23
13-10-111.5. Notice to municipal courts of municipal holds.24
(2) Once a municipal court receives notice that the A defendant is being25
held solely on the basis of a municipal hold, the municipal court shall26
hold a hearing within forty-eight hours after the receipt of such a THE27
1147
-5- notice. The county sheriff OR MUNICIPAL JAIL ADMINISTRATOR shall make1
the in-custody defendant available to appear in a timely manner before a2
municipal judge for a hearing required by this subsection (2) at the date3
and time mutually agreed to by the county sheriff and municipal court.4
This subsection (2) must not be construed to require the county sheriff OR5
MUNICIPAL JAIL ADMINISTRATOR to transport the in-custody defendant to6
the municipal court. It is not a violation of this section if a bond hearing7
is not held within forty-eight hours when the delay is caused by8
circumstances in which the defendant refuses to attend court, is unable to9
attend court due to drug or alcohol use, a serious medical or behavioral10
health emergency, or when the delay is caused by an emergency that11
requires the court to close. When the A defendant is unable to attend12
court, the sheriff OR MUNICIPAL JAIL ADMINISTRATOR shall provide the13
court
AND MUNICIPAL PUBLIC DEFENDER 'S OFFICE, IF ONE EXISTS, with a14
list of people subject to this section who did not timely attend court, the15
date of the person's arrest, and the location where the person is in custody.16
The sheriff
OR MUNICIPAL JAIL ADMINISTRATOR shall document the length17
of the delay, the reason for the delay, and the efforts to abate the18
emergency. As soon as the emergency has sufficiently abated, the sheriff19
OR MUNICIPAL JAIL ADMINISTRATOR shall make the in-custody defendant20
available to appear before the municipal court at the next scheduled bond21
hearing. Use of audiovisual conferencing technology is permissible to22
expedite the hearing. When high-speed internet access is unavailable,23
making audiovisual conferencing impossible, the court may conduct the24
hearing telephonically.25
(3) (a) At the hearing required in PURSUANT TO subsection (2) of26
this section, the municipal court shall either:27
1147
-6- (I) Arraign the defendant, INCLUDING ADVISEMENT , BOND1
SETTING, AND PLEA, UNLESS THE DEFENDANT SEEKS A PLEA CONTINUANCE ;2
or3
(c) (I) A
T THE HEARING REQUIRED PURSUANT TO SUBSECTION (2)4
OF THIS SECTION, THE DEFENDANT HAS THE RIGHT TO BE REPRESENTED BY5
COURT-APPOINTED INDIGENT DEFENSE COUNSEL PURSUANT TO SECTION6
13-10-114.5.7
(II) B
EFORE THE HEARING REQUIRED PURSUANT TO SUBSECTION (2)8
OF THIS SECTION, THE COURT SHALL NOTIFY INDIGENT DEFENSE COUNSEL9
OF EACH PERSON IN CUSTODY AND PROVIDE INDIGENT DEFENSE COUNSEL10
SUFFICIENT TIME TO PREPARE FOR AND PRESENT AN INDIVIDUALIZED11
ARGUMENT REGARDING THE TYPE OF BOND AND CONDITIONS OF RELEASE12
AT THE HEARING, CONSISTENT WITH THE COURT 'S DOCKET AND13
SCHEDULING PRIORITIES.14
(III) T
HE MUNICIPAL COURT SHALL NOTIFY THE PROSECUTING15
ATTORNEY OF EACH PERSON WHOSE MATTER IS SET FOR A HEARING16
REQUIRED PURSUANT TO SUBSECTION (2) OF THIS SECTION. THE17
PROSECUTING ATTORNEY MAY APPEAR AT ALL INITIAL HEARINGS TO18
PROVIDE THE PROSECUTING ATTORNEY 'S POSITION REGARDING THE TYPE19
OF BOND AND CONDITIONS OF RELEASE , AND THE COURT SHALL PROVIDE20
THE PROSECUTING ATTORNEY SUFFICIENT TIME TO PREPARE FOR AND21
PRESENT ANY RELEVANT ARGUMENT , CONSISTENT WITH THE COURT 'S22
DOCKET AND SCHEDULING PRIORITIES .23
(IV) P
RIOR TO THE HEARING REQUIRED PURSUANT TO SUBSECTION24
(2)
OF THIS SECTION, ANY PRETRIAL SERVICES AGENCY OPERATING IN THAT25
MUNICIPALITY, OR ANY OTHER AGENCY THAT REPORTS TO THE COURT ,26
THAT HAS CONDUCTED A PRETRIAL RELEASE ASSESSMENT OR GATHERED27
1147
-7- INFORMATION FOR THE COURT'S CONSIDERATION AT THE HEARING SHALL1
PROVIDE THE PROSECUTING ATTORNEY AND THE DEFENDANT 'S ATTORNEY2
ALL INFORMATION PROVIDED TO THE COURT REGARDING THE DEFENDANT3
IN CUSTODY, WHICH MUST INCLUDE, IF PROVIDED TO THE COURT, THE4
ARREST WARRANT , THE PROBABLE CAUSE STATEMENT , AND THE5
DEFENDANT'S CRIMINAL HISTORY.6
(V) B
EFORE THE HEARING REQUIRED PURSUANT TO SUBSECTION7
(2)
OF THIS SECTION, THE SHERIFF AND JAIL PERSONNEL SHALL PROVIDE8
INDIGENT DEFENSE COUNSEL ACCESS TO THE DEFENDANT WHO WILL BE9
APPEARING AT THE HEARING AND SHALL ALLOW INDIGENT DEFENSE10
COUNSEL SUFFICIENT TIME WITH THE DEFENDANT PRIOR TO THE HEARING11
IN ORDER TO PREPARE FOR THE HEARING .12
SECTION
5. In Colorado Revised Statutes, 13-10-112, add (3)13
and (4) as follows:14
13-10-112. Powers and procedures. (3) E
ACH MUNICIPAL COURT15
SHALL ENSURE ALL COURT PROCEEDINGS, INCLUDING COURT PROCEEDINGS16
FOR DEFENDANTS IN CUSTODY, ARE ACCESSIBLE TO ANY MEMBER OF THE17
PUBLIC FOR PUBLIC OBSERVATION.18
(4) IF A MUNICIPAL COURT RECEIVES NOTICE THAT A DEFENDANT19
WHO HAS A CRIMINAL OR TRAFFIC MATTER PENDING BEFORE THE COURT IS20
IN CUSTODY IN COLORADO FOR ANY REASON, THE MUNICIPAL COURT21
SHALL MAKE DILIGENT EFFORTS TO TIMELY RESOLVE THE MUNICIPAL22
MATTER, INCLUDING TAKING REASONABLE STEPS TO PROMPTLY BRING THE23
DEFENDANT BEFORE THE COURT. THE COURT SHALL ASSIGN INDIGENT24
DEFENSE COUNSEL IN THE SAME MANNER AS REQUIRED BY SECTION25
13-10-114.5. A MUNICIPAL COURT SHALL NOT DENY A DEFENDANT THE26
ABILITY TO APPEAR BEFORE THE MUNICIPAL COURT BECAUSE THE27
1147
-8- DEFENDANT IS IN CUSTODY FOR ANOTHER, NON-MUNICIPAL MATTER. FOR1
A HEARING OTHER THAN A TRIAL OR FOR THE PURPOSE OF RESOLUTION BY2
PLEA, THE COURT MAY PERMIT COUNSEL TO APPEAR ON BEHALF OF THE3
DEFENDANT PURSUANT TO THE COLORADO MUNICIPAL COURT RULES AND4
PERMIT APPEARANCE THROUGH AUDIOVISUAL OR TELEPHONIC MEANS, IF5
AVAILABLE. THIS SUBSECTION (4) DOES NOT PRECLUDE A DEFENDANT6
FROM EXPRESSLY AGREEING TO DELAY A MATTER ONCE THE DEFENDANT7
APPEARS BEFORE THE MUNICIPAL COURT .8
SECTION 6. In Colorado Revised Statutes, 13-10-113, amend9
(1), (1.5), and (2) as follows:10
13-10-113. Fines and penalties. (1) (a) Except as provided in11
subsection (1)(b) of this section, Any A person convicted of violating a12
municipal ordinance in a municipal court of record may be incarcerated13
for a period not to exceed three hundred sixty-four days or fined an14
amount not to exceed two thousand six hundred fifty dollars, or both,15
SUBJECT TO THE LIMITATIONS IN SUBSECTIONS (1)(b) TO (1)(e) OF THIS16
SECTION.17
18
(b) (I) The limitation on municipal court fines set forth in19
paragraph (a) of this subsection (1) SUBSECTION (1)(a) OF THIS SECTION20
shall be adjusted for inflation on January 1, 2014, and on January 1 of21
each year thereafter.22
(II) As used in this paragraph (b) SUBSECTION (1)(b), "inflation"23
means the annual percentage change in the United States department of24
labor, bureau of labor statistics, consumer price index for25
Denver-Boulder, all items, all urban consumers, or its successor index.26
(c) A
MUNICIPAL COURT OF RECORD SHALL NOT IMPOSE A
27
1147
-9- SENTENCE OF INCARCERATION FOR A DEFENDANT CONVICTED OF1
VIOLATING A MUNICIPAL ORDINANCE FOR A PERIOD THAT EXCEEDS THE2
MAXIMUM PENALTY ALLOWED FOR ANY COMPARABLE MISDEMEANOR ,3
PETTY OFFENSE, CIVIL INFRACTION, TRAFFIC OFFENSE, OR TRAFFIC4
INFRACTION PURSUANT TO STATE LAW . FOR CONVICTIONS BASED ON A5
VIOLATION OF A MUNICIPAL ORDINANCE FOR WHICH THERE IS NO6
COMPARABLE MISDEMEANOR , PETTY OFFENSE, CIVIL INFRACTION, TRAFFIC7
OFFENSE, OR TRAFFIC INFRACTION PURSUANT TO STATE LAW , THE8
MUNICIPAL COURT SHALL NOT IMPOSE A SENTENCE OF INCARCERATION9
THAT EXCEEDS THE MAXIMUM SENTENCE FOR A PETTY OFFENSE PURS UANT10
TO STATE LAW. A MUNICIPALITY SHALL NOT REQUIRE IMPOSITION OF A11
MANDATORY MINIMUM JAIL SENTENCE UNLESS THE PERSON IS CONVICTED12
OF A MUNICIPAL OFFENSE FOR WHICH THERE IS A COMPARABLE STATE13
OFFENSE OR INFRACTION THAT REQUIRES IMPOSITION OF THE SAME14
MANDATORY MINIMUM JAIL SENTENCE . A MUNICIPALITY SHALL NOT15
IMPOSE INCREASED PENALTIES BASED ON A PRIOR CONVICTION UNLESS THE16
PERSON IS CONVICTED OF A MUNICIPAL OFFENSE FOR WHICH THERE IS A17
COMPARABLE STATE OFFENSE OR INFRACTION THAT ALLOWS IMPOSITION18
OF THE SAME INCREASED PENALTIES BASED ON A PRIOR CONVICTION .19
(d) A MUNICIPAL COURT SHALL NOT IMPOSE A FINE THAT EXCEEDS20
THE MAXIMUM FINE FOR ANY COMPARABLE STATE OFFENSE OR21
INFRACTION UNDER STATE LAW. FOR CONVICTIONS BASED ON A MUNICIPAL22
ORDINANCE FOR WHICH THERE IS NO COMPARABLE STATE OFFENSE OR23
INFRACTION AND FOR WHICH THE MUNICIPAL CODE ALLOWS FOR A24
POSSIBLE SENTENCE OF INCARCERATION , THE MUNICIPAL COURT SHALL25
NOT IMPOSE A FINE THAT EXCEEDS THE MAXIMUM FINE FOR A PETTY26
OFFENSE PURSUANT TO STATE LAW .27
1147
-10- (e) A MUNICIPAL COURT SHALL NOT IMPOSE A MAXIMUM1
CONSECUTIVE SENTENCE OF INCARCERATION FOR MUNICIPAL OFFENSES2
CHARGED IN A SINGLE CASE THAT IS MORE THAN TWICE THE MAXIMUM3
SENTENCE FOR THE HIGHEST CHARGE IN THE CASE .4
(f) N
OTWITHSTANDING ANY OTHER PROVISION OF LAW , THE
5
PROVISIONS OF SUBSECTIONS (1)(b) TO (1)(d) OF THIS SECTION,6
SUBSECTION (1.5) OF THIS SECTION, AND SUBSECTION (2) OF THIS SECTION7
DO NOT APPLY TO A VIOLATION OF A MUNICIPAL ORDINANCE WITH AN8
UNDERLYING FACTUAL BASIS THAT INCLUDES AN ACT OF DOMESTIC9
VIOLENCE, AS DEFINED IN SECTION 18-6-800.3, COMMITTED BEFORE APRIL10
1,
2026.
11
(1.5) Any A MUNICIPAL COURT SHALL NOT SENTENCE TO12
INCARCERATION A person convicted of violating a municipal ordinance in13
a municipal court which THAT is not of record may be incarcerated for a14
period not to exceed ninety days or fined OR FINE THE PERSON IN an15
amount not to exceed THAT EXCEEDS three hundred dollars. or both16
(2) In sentencing or fining a violator, the municipal judge COURT17
shall not exceed the sentence or fine limitations established by ordinance18
SENTENCE THE VIOLATOR USING THE SENTENCING OR FINE LIMITATIONS19
ESTABLISHED BY EITHER MUNICIPAL ORDINANCE OR STATE LAW , BASED ON20
WHICHEVER LIMITATION IS LOWER. Any other provision of the law to the21
contrary notwithstanding, the municipal judge COURT may suspend the22
sentence or fine of any A violator and place him THE VIOLATOR on23
probation for a period not to exceed one year.24
SECTION 7. In Colorado Revised Statutes, amend as it exists25
until July 1, 2025, 13-10-114.5 as follows:26
13-10-114.5. Representation by counsel - independent indigent27
1147
-11- defense - definitions. (1) At the time of first appearance on a municipal1
charge, if the defendant is in custody and the charged offense includes a2
possible sentence of incarceration, the court shall appoint counsel to3
represent the defendant for purposes of the initial appearance unless, after4
a full advisement pursuant to C.M.C.R. 210 and section 16-7-207, C.R.S.,5
the defendant makes a knowing, intelligent, and voluntary waiver of his6
or her right to counsel. A MUNICIPALITY SHALL PROVIDE DEFENSE7
COUNSEL FOR EACH INDIGENT DEFENDANT CHARGED WITH A MUNICIPAL8
VIOLATION FOR WHICH THE MUNICIPAL CODE ALLOWS A POSSIBLE9
SENTENCE OF INCARCERATION UNLESS , AFTER BEING FULLY ADVISED10
PURSUANT TO C.M.C.R. 210 AND SECTION 16-7-207, THE DEFENDANT11
MAKES A KNOWING, INTELLIGENT, AND VOLUNTARY WAIVER OF THE RIGHT12
TO COUNSEL.13
(2) If the defendant remains in custody, the appointment of14
counsel continues until the defendant is released from custody. If the15
defendant is released from custody, he or she may apply for16
court-appointed counsel, and the court shall appoint counsel if the court17
determines that the defendant is indigent and the charged offense includes18
a possible sentence of incarceration. AN IN-CUSTODY MUNICIPAL19
DEFENDANT IS PRESUMED INDIGENT AND AUTOMATICALLY ENTITLED TO20
REPRESENTATION BY COURT-APPOINTED COUNSEL AT AND DURING EVERY21
IN-CUSTODY COURT APPEARANCE . A MUNICIPALITY THAT AUTHORIZES22
LAW ENFORCEMENT TO ARREST AN INDIVIDUAL FOR AN ALLEGED23
MUNICIPAL CODE VIOLATION SHALL ENSURE INDIGENT DEFENSE COUNSEL24
IS PRESENT AND AVAILABLE TO REPRESENT AN IN -CUSTODY DEFENDANT25
AT ALL COURT APPEARANCES AND T HAT COURT APPEARANCES OCCUR26
WITHIN THE TIME FRAMES ESTABLISHED IN SECTION 13-10-111.5 (2). FOR27
1147
-12- A COURT APPEARANCE AT WHICH THE MUNICIPAL COURT IS REQUIRED TO1
SET A PERSONAL RECOGNIZANCE BOND , THE RIGHT TO INDIGENT DEFENSE2
COUNSEL AT THE HEARING REMAINS IN PLACE, AS DOES THE REQUIREMENT3
THAT THE COURT CONDUCT PROCEEDINGS BEFORE SETTING BOND AS4
REQUIRED BY SECTION 13-10-111.5 (3).5
(3) I
F A DEFENDANT IS IN CUSTODY, CANNOT POST BAIL OR IS NOT6
ALLOWED TO POST BAIL, AND HAS A MUNICIPAL HOLD, INDIGENT DEFENSE7
COUNSEL FOR THE HOLDING MUNICIPALITY MAY AUTOMATICALLY ELECT8
TO REPRESENT THE DEFENDANT
IN THE MUNICIPAL CASE AND SHALL9
NOTIFY THE MUNICIPAL COURT EITHER VERBALLY OR IN WRITING OF THE10
REPRESENTATION. IF A MUNICIPAL COURT RECEIVES NOTICE , INCLUDING11
FROM AN INCARCERATED DEFENDANT , JAIL, OR CORRECTIONAL FACILITY,12
OF A DEFENDANT IN CUSTODY WHO CANNOT POST BAIL OR IS NOT13
ALLOWED TO POST BAIL, AND HAS A MUNICIPAL HOLD , THE HOLDING14
MUNICIPAL COURT SHALL EITHER APPOINT INDIGENT DEFENSE COUNSEL TO15
REPRESENT THE DEFENDANT IN THE MUNICIPAL CASE WHILE THE16
DEFENDANT IS IN CUSTODY OR NOTIFY THE DEFENDANT 'S INDIGENT17
DEFENSE COUNSEL TO ALLOW INDIGENT DEFENSE COUNSEL THE18
OPPORTUNITY TO AUTOMATICALLY ELECT TO REPRESENT THE DEFENDANT19
WHILE THE DEFENDANT IS IN CUSTODY .20
(3.5) AT THE TIME OF A DEFENDANT 'S FIRST OUT-OF-CUSTODY21
APPEARANCE IN MUNICIPAL COURT FOR A VIOLATION FOR WHICH THE22
MUNICIPAL CODE ALLOWS A POSSIBLE SENTENCE OF INCARCERATION, THE23
COURT SHALL ADVISE THE DEFENDANT OF THE DEFENDANT'S RIGHT TO24
COUNSEL. THE COURT MAY INQUIRE AND MAKE A DETERMINATION AS TO25
INDIGENCE IMMEDIATELY UPON REQUEST OR SHALL ADVISE THE26
DEFENDANT OF THE PROCEDURE TO APPLY FOR COURT-APPOINTED27
1147
-13- INDIGENT DEFENSE COUNSEL. IF THE COURT DETERMINES THE DEFENDANT1
IS INDIGENT, THE COURT SHALL APPOINT INDIGENT DEFENSE COUNSEL IN2
THE MUNICIPAL CASE UNLESS, AFTER BEING FULLY ADVISED PURSUANT TO3
RULE 210 OF THE COLORADO MUNICIPAL COURT RULES AND SECTION4
16-7-207, THE DEFENDANT MAKES A KNOWING, INTELLIGENT, AND5
VOLUNTARY WAIVER OF THE RIGHT TO COUNSEL. NOTHING IN THIS6
SECTION PREVENTS THE COURT FROM MAKING A DETERMINATION OF7
INDIGENCE IN ADVANCE OF AN OUT -OF-CUSTODY HEARING OR AT THE8
SAME HEARING WHEN THE DEFENDANT REQUESTS APPOINTMENT OF9
COUNSEL.10
(3) (4) (a) On and after January 1, 2020, each municipality shall11
provide independent indigent defense for each indigent defendant charged12
with a municipal code violation for which there is a possible sentence of13
incarceration. Independent indigent defense requires, at minimum, that a14
nonpartisan entity independent of the municipal court and municipal15
officials oversee or evaluate indigent defense counsel.16
(b) (I) Because the office of alternate defense counsel created in17
section 21-2-101 is an independent system of indigent defense overseen18
by an independent commission, provision of indigent defense by lawyers19
evaluated or overseen by the office of alternate defense counsel satisfies20
the requirement described in subsection (3)(a) SUBSECTION (4)(a) of this21
section.22
(II) Because a legal aid clinic at any Colorado law school23
accredited by the American bar association is an independent system of24
indigent defense overseen by the dean of the law school with which it is25
affiliated, any A provision or oversight of indigent defense through a legal26
aid clinic associated with any Colorado law school accredited by the27
1147
-14- American bar association satisfies the requirement described in1
subsection (3)(a) SUBSECTION (4)(a) of this section.2
(c) To satisfy the requirement described in subsection (3)(a)3
SUBSECTION (4)(a) of this section, a municipality that contracts directly4
with one or more defense attorneys to provide counsel to indigent5
defendants shall ensure that:6
(I) The process to select indigent defense attorneys is transparent7
and based on merit; and8
(II) Each contracted indigent defense attorney is periodically9
evaluated by an independent entity for competency and independence.10
The municipality shall evaluate each newly hired defense attorney as soon11
as practicable but no later than one year after he or she THE DEFENSE12
ATTORNEY is hired. Otherwise, the municipality shall evaluate each13
defense attorney at least every three years. An independent entity that14
evaluates defense attorneys pursuant to this subsection (3)(c)(II)15
SUBSECTION (4)(c)(II) shall provide evaluation results and any16
recommendations for corrective action in writing to the municipality. For17
the purpose of this subsection (3) SUBSECTION (4), "independent entity"18
means:19
(A) The office of alternate defense counsel;20
(B) An attorney or a group of attorneys, each of whom has21
substantial experience practicing criminal defense in Colorado within the22
preceding five years, so long as the attorney or group of attorneys is not23
affiliated with the municipality receiving the services, including any A24
municipal judge, prosecutor, or indigent defense attorney; or25
(C) A local or regional independent indigent defense commission,26
as described in subsection (3)(d) SUBSECTION (4)(d) of this section.27
1147
-15- (d) (I) To satisfy the requirement described in subsection (3)(a)1
SUBSECTION (4)(a) of this section, a municipality may establish a local2
independent indigent defense commission or coordinate with one or more3
other municipalities to establish a regional independent indigent defense4
commission. Any local or regional independent indigent defense5
commission in existence as of January 1, 2018, is deemed to be in6
compliance with this subsection (3)(d) SUBSECTION (4)(d) and may7
continue as established.8
(II) Each local or regional independent indigent defense9
commission
ESTABLISHED PURSUANT TO THIS SUBSECTION (4)(d) must10
include at least three members, each of whom is selected by the chief11
municipal judge in consultation with the Colorado criminal defense bar,12
the office of alternate defense counsel, or the office of the state public13
defender. Prior to serving on a commission, any commission member who14
is selected by a chief municipal judge must be approved by the office of15
alternate defense counsel. The office of alternate defense counsel shall16
approve such appointed commission members whom the office, in its17
discretion, deems likely to promote the provision of competent and18
independent indigent defense.19
(III) The terms and procedures for the members of a local or20
regional independent indigent defense commission must be
ESTABLISHED21
PURSUANT TO THIS SUBSECTION (4)(d) ARE determined by the municipality22
or municipalities that establish ESTABLISHED the independent indigent23
defense commission.24
(IV) A local or regional independent indigent defense commission25
established pursuant to this subsection (3)(d) SUBSECTION (4)(d) has the26
responsibility and exclusive authority to appoint indigent defense counsel27
1147
-16- for a term of at least one year or more to be served until a successor is1
appointed. The independent indigent defense commission retains sole2
authority to supervise the indigent defense counsel and discharge him or3
her THEM for cause.4
(V) A local or regional independent indigent defense commission5
ESTABLISHED PURSUANT TO THIS SUBSECTION (4)(d), through its ability to6
supervise, appoint, and discharge the indigent defense counsel
PURSUANT7
TO SUBSECTION (4)(d)(IV) OF THIS SECTION, shall ensure that indigent8
defendants accused of violations of municipal ordinances for which there9
is a possible sentence of incarceration are represented independently of10
any political considerations or private interests, that such
THE indigent11
defendants receive legal services that are commensurate with those12
available to nonindigent defendants, and that municipal indigent defense13
attorneys provide representation in accordance with the Colorado rules of14
professional conduct and the American bar association standards relating15
to the administration of criminal justice.16
(VI) A local or regional independent indigent defense commission17
ESTABLISHED PURSUANT TO THIS SUBSECTION (4)(d) shall not interfere18
with the discretion, judgment, and zealous advocacy of indigent defense19
attorneys in specific cases.20
(VII) A local or regional independent indigent defense21
commission
ESTABLISHED PURSUANT TO THIS SUBSECTION (4)(d) shall22
make recommendations to its municipality or municipalities regarding the23
provision of adequate monetary resources to provide legal services to24
indigent defendants accused of violations of such municipal ordinances.25
(VIII) The members of an independent indigent defense26
commission
ESTABLISHED PURSUANT TO THIS SUBSECTION (4)(d) shall27
1147
-17- serve without compensation; except that a municipality that establishes1
a local independent indigent defense commission or that coordinates with2
one or more other municipalities to establish a regional independent3
indigent defense commission shall reimburse the members of the4
commission for actual and reasonable expenses incurred in the5
performance of their duties.6
(5) I
F A DEFENDANT REMAINS IN CUSTODY , THE APPOINTMENT OF7
COUNSEL CONTINUES UNTIL THE DEFE NDANT IS RELEASED FROM CUSTODY .8
I
F A DEFENDANT IS RELEASED FROM CUSTODY , THE DEFENDANT MAY9
APPLY FOR COURT-APPOINTED COUNSEL, AND THE COURT SHALL APPOINT10
COUNSEL IF THE COURT DETERMINES THAT THE DEFENDANT IS INDIGENT11
AND THE CHARGED OFFENSE INCLUDES A POSSIBLE SENTENCE OF12
INCARCERATION.13
SECTION
8. In Colorado Revised Statutes, amend as it will14
become effective July 1, 2025, 13-10-114.5 as follows:15
13-10-114.5. Representation by counsel - independent indigent16
defense - definitions. (1) At the time of first appearance on a municipal17
charge, if the defendant is in custody and the charged offense includes a18
possible sentence of incarceration, the court shall appoint counsel to19
represent the defendant for purposes of the initial appearance unless, after20
a full advisement pursuant to C.M.C.R. 210 and section 16-7-207, C.R.S.,21
the defendant makes a knowing, intelligent, and voluntary waiver of his22
or her right to counsel. A MUNICIPALITY SHALL PROVIDE DEFENSE23
COUNSEL FOR EACH INDIGENT DEFENDANT CHARGED WITH A MUNICIPAL24
VIOLATION FOR WHICH THE MUNICIPAL CODE ALLOWS A POSSIBLE25
SENTENCE OF INCARCERATION UNLESS , AFTER BEING FULLY ADVISED26
PURSUANT TO C.M.C.R. 210 AND SECTION 16-7-207, THE DEFENDANT27
1147
-18- MAKES A KNOWING, INTELLIGENT, AND VOLUNTARY WAIVER OF THE RIGHT1
TO COUNSEL.2
(2) If the defendant remains in custody, the appointment of3
counsel continues until the defendant is released from custody. If the4
defendant is released from custody, he or she may apply for5
court-appointed counsel, and the court shall appoint counsel if the court6
determines that the defendant is indigent and the charged offense includes7
a possible sentence of incarceration. AN IN-CUSTODY MUNICIPAL8
DEFENDANT IS PRESUMED INDIGENT AND AUTOMATICALLY ENTITLED TO9
REPRESENTATION BY COURT-APPOINTED COUNSEL AT AND DURING EVERY10
IN-CUSTODY COURT APPEARANCE . A MUNICIPALITY THAT AUTHORIZES11
LAW ENFORCEMENT TO ARREST AN INDIVIDUAL FOR AN ALLEGED12
MUNICIPAL CODE VIOLATION SHALL ENSURE INDIGENT DEFENSE COUNSEL13
IS PRESENT AND AVAILABLE TO REPRESENT AN IN -CUSTODY DEFENDANT14
AT ALL COURT APPEARANCES AND THAT COURT APPEARANCES OCCUR15
WITHIN THE TIME FRAMES ESTABLISHED IN SECTION 13-10-111.5 (2). FOR16
A COURT APPEARANCE AT WHICH THE MUNICIPAL COURT IS REQUIRED TO17
SET A PERSONAL RECOGNIZANCE BOND , THE RIGHT TO INDIGENT DEFENSE18
COUNSEL AT THE HEARING REMAINS IN PLACE, AS DOES THE REQUIREMENT19
THAT THE COURT CONDUCT PROCEEDINGS BEFORE SETTING BOND AS20
REQUIRED BY SECTION 13-10-111.5 (3).21
(3) I
F A DEFENDANT IS IN CUSTODY, CANNOT POST BAIL OR IS NOT22
ALLOWED TO POST BAIL, AND HAS A MUNICIPAL HOLD, INDIGENT DEFENSE23
COUNSEL FOR THE HOLDING MUNICIPALITY MAY AUTOMATICALLY ELECT24
TO REPRESENT THE DEFENDANT
IN THE MUNICIPAL CASE AND SHALL25
NOTIFY THE MUNICIPAL COURT EITHER VERBALLY OR IN WRITING OF THE26
REPRESENTATION. IF A MUNICIPAL COURT RECEIVES NOTICE , INCLUDING27
1147
-19- FROM AN INCARCERATED DEFENDANT , JAIL, OR CORRECTIONAL FACILITY,1
OF A DEFENDANT IN CUSTODY WHO CANNOT POST BAIL OR IS NOT2
ALLOWED TO POST BAIL, AND HAS A MUNICIPAL HOLD , THE HOLDING3
MUNICIPAL COURT SHALL EITHER APPOINT INDIGENT DEFENSE COUNSEL TO4
REPRESENT THE DEFENDANT WHILE THE DEFENDANT IS IN CUSTODY OR5
NOTIFY THE DEFENDANT 'S INDIGENT DEFENSE COUNSEL TO ALLOW6
INDIGENT DEFENSE COUNSEL THE OPPORTUNITY TO AUTOMATICALLY7
ELECT TO REPRESENT THE DEFENDANT WHILE THE DEFENDANT IS IN8
CUSTODY.9
(3.5) AT THE TIME OF A DEFENDANT'S FIRST OUT-OF-CUSTODY10
APPEARANCE IN MUNICIPAL COURT FOR A VIOLATION FOR WHICH THE11
MUNICIPAL CODE ALLOWS A POSSIBLE SENTENCE OF INCARCERATION, THE12
COURT SHALL ADVISE THE DEFENDANT OF THE DEFENDANT'S RIGHT TO13
COUNSEL. THE COURT MAY INQUIRE AND MAKE A DETERMINATION AS TO14
INDIGENCE IMMEDIATELY UPON REQUEST OR SHALL ADVISE THE15
DEFENDANT OF THE PROCEDURE TO APPLY FOR COURT-APPOINTED16
INDIGENT DEFENSE COUNSEL. IF THE COURT DETERMINES THE DEFENDANT17
IS INDIGENT, THE COURT SHALL APPOINT INDIGENT DEFENSE COUNSEL IN18
THE MUNICIPAL CASE UNLESS, AFTER BEING FULLY ADVISED PURSUANT TO19
RULE 210 OF THE COLORADO MUNICIPAL COURT RULES AND SECTION20
16-7-207, THE DEFENDANT MAKES A KNOWING, INTELLIGENT, AND21
VOLUNTARY WAIVER OF THE RIGHT TO COUNSEL. NOTHING IN THIS22
SECTION PREVENTS THE COURT FROM MAKING A DETERMINATION OF23
INDIGENCE IN ADVANCE OF AN OUT-OF-CUSTODY HEARING OR AT THE24
SAME HEARING WHEN THE DEFENDANT REQUESTS APPOINTMENT OF25
COUNSEL.26
(3) (4) (a) On and after January 1, 2020, each municipality shall27
1147
-20- provide independent indigent defense for each indigent defendant charged1
with a municipal code violation for which there is a possible sentence of2
incarceration. Independent indigent defense requires, at minimum, that a3
nonpartisan entity independent of the municipal court and municipal4
officials oversee or evaluate indigent defense counsel.5
(b) (I) Because the office of alternate defense counsel created in6
section 21-2-101 is an independent system of indigent defense overseen7
by an independent commission, provision of indigent defense by lawyers8
evaluated or overseen by the office of alternate defense counsel satisfies9
the requirement described in subsection (3)(a) SUBSECTION (4)(a) of this10
section.11
(II) Because a legal aid clinic at any Colorado law school12
accredited by the American bar association is an independent system of13
indigent defense overseen by the dean of the law school with which it is14
affiliated, any THE provision or oversight of indigent defense through a15
legal aid clinic associated with any Colorado law school accredited by the16
American bar association satisfies the requirement described in17
subsection (3)(a) SUBSECTION (4)(a) of this section.18
(c) To satisfy the requirement described in subsection (3)(a)19
SUBSECTION (4)(a) of this section, a municipality that contracts directly20
with one or more defense attorneys to provide counsel to indigent21
defendants shall ensure that:22
(I) The process to select indigent defense attorneys is transparent23
and based on merit;24
(II) Each contracted indigent defense attorney is periodically25
evaluated by an independent entity for competency and independence.26
The municipality shall evaluate each newly hired defense attorney as soon27
1147
-21- as practicable but no later than one year after he or she THE DEFENSE1
ATTORNEY is hired. Otherwise, the municipality shall evaluate each2
defense attorney at least every three years. An independent entity that3
evaluates defense attorneys pursuant to this subsection (3)(c)(II)4
SUBSECTION (4)(c)(II) shall provide evaluation results and any5
recommendations for corrective action in writing to the municipality. For6
the purpose of this subsection (3) SUBSECTION (4), "independent entity"7
means:8
(A) The office of alternate defense counsel;9
(B) An attorney or a group of attorneys, each of whom has10
substantial experience practicing criminal defense in Colorado within the11
preceding five years, so long as the attorney or group of attorneys is not12
affiliated with the municipality receiving the services, including any A13
municipal judge, prosecutor, or indigent defense attorney; or14
(C) A local or regional independent indigent defense commission,15
as described in subsection (3)(d) SUBSECTION (4)(d) of this section.16
(III) (A) The contract does not use a fixed or flat-fee payment17
structure for indigent defense services but instead uses the same payment18
structure and rates that are paid by the state of Colorado to attorneys and19
other interdisciplinary team members under contract with the office of20
alternate defense counsel created in section 21-2-101 and that are21
consistent with chief justice directive 04-04, or any successor chief justice22
directive.23
(B) This subsection (3)(c)(III) only applies to a municipality that24
prosecutes an act of domestic violence, as defined in section 18-6-800.3.25
(C) For the purposes of this subsection (3)(c) SUBSECTION (4)(c),26
"fixed or flat-fee payment structure" means a fee paid as a MAXIMUM27
1147
-22- fixed amount for specified legal services, regardless of the time or effort1
involved, but does not include an amount paid as a salary or on a salary2
basis.3
(d) (I) To satisfy the requirement described in subsection (3)(a)4
SUBSECTION (4)(a) of this section, a municipality may establish a local5
independent indigent defense commission or coordinate with one or more6
other municipalities to establish a regional independent indigent defense7
commission. Any A local or regional independent indigent defense8
commission in existence as of January 1, 2018, is deemed to be in9
compliance with this subsection (3)(d) SUBSECTION (4)(d) and may10
continue as established.11
(II) Each local or regional independent indigent defense12
commission
ESTABLISHED PURSUANT TO THIS SUBSECTION (4)(d) must13
include at least three members, each of whom is selected by the chief14
municipal judge in consultation with the Colorado criminal defense bar,15
the office of alternate defense counsel, or the office of the state public16
defender. Prior to serving on a commission, any commission member who17
is selected by a chief municipal judge must be approved by the office of18
alternate defense counsel. The office of alternate defense counsel shall19
approve such appointed commission members whom the office, in its20
discretion, deems likely to promote the provision of competent and21
independent indigent defense.22
(III) The terms and procedures for the members of a local or23
regional independent indigent defense commission must be
ESTABLISHED24
PURSUANT TO THIS SUBSECTION (4)(d) ARE determined by the municipality25
or municipalities that establish ESTABLISHED the independent indigent26
defense commission.27
1147
-23- (IV) A local or regional independent indigent defense commission1
established pursuant to this subsection (3)(d) SUBSECTION (4)(d) has the2
responsibility and exclusive authority to appoint indigent defense counsel3
for a term of at least one year or more to be served until a successor is4
appointed. The independent indigent defense commission retains sole5
authority to supervise the indigent defense counsel and discharge him or6
her THEM for cause.7
(V) A local or regional independent indigent defense commission8
ESTABLISHED PURSUANT TO THIS SUBSECTION (4)(d), through its ability to9
supervise, appoint, and discharge the indigent defense counsel
PURSUANT10
TO SUBSECTION (4)(d)(IV) OF THIS SECTION, shall ensure that indigent11
defendants accused of violations of municipal ordinances for which there12
is a possible sentence of incarceration are represented independently of13
any political considerations or private interests, that such indigent14
defendants receive legal services that are commensurate with those15
available to nonindigent defendants, and that municipal indigent defense16
attorneys provide representation in accordance with the Colorado rules of17
professional conduct and the American bar association standards relating18
to the administration of criminal justice.19
(VI) A local or regional independent indigent defense commission20
ESTABLISHED PURSUANT TO THIS SUBSECTION (4)(d) shall not interfere21
with the discretion, judgment, and zealous advocacy of indigent defense22
attorneys in specific cases.23
(VII) A local or regional independent indigent defense24
commission
ESTABLISHED PURSUANT TO THIS SUBSECTION (4)(d) shall25
make recommendations to its municipality or municipalities regarding the26
provision of adequate monetary resources to provide legal services to27
1147
-24- indigent defendants accused of violations of such municipal ordinances.1
(VIII) The members of an independent indigent defense2
commission
ESTABLISHED PURSUANT TO THIS SUBSECTION (4)(d) shall3
serve without compensation; except that a municipality that establishes4
a local independent indigent defense commission or that coordinates with5
one or more other municipalities to establish a regional independent6
indigent defense commission shall reimburse the members of the7
commission for actual and reasonable expenses incurred in the8
performance of their duties.9
(5) I
F A DEFENDANT REMAINS IN CUSTODY , THE APPOINTMENT OF10
COUNSEL CONTINUES UNTIL THE DEFE NDANT IS RELEASED FROM CUSTODY .11
I
F A DEFENDANT IS RELEASED FROM CUSTODY , THE DEFENDANT MAY12
APPLY FOR COURT-APPOINTED COUNSEL, AND THE COURT SHALL APPOINT13
COUNSEL IF THE COURT DETERMINES THAT THE DEFENDANT IS INDIGENT14
AND THE CHARGED OFFENSE INCLUDES A POSSIBLE SENTENCE OF15
INCARCERATION.16
SECTION
9. In Colorado Revised Statutes, 21-2-103, amend (5)17
as follows:18
21-2-103. Representation of persons who are indigent -19
definition. (5) The office of alternate defense counsel may, but is not20
required to, evaluate the performance of attorneys providing indigent21
defense in municipal courts at the request of any municipality, as22
described in section 13-10-114.5 (3)(c)(II) SECTION 13-10-114.523
(4)(c)(II). The office of alternate defense counsel shall not perform any24
such evaluations without sufficient funding for personnel to perform such25
evaluations.26
SECTION 10. In Colorado Revised Statutes, 21-2-108, amend27
1147
-25- (2) as follows:1
21-2-108. Conflict-free defense for indigent persons in2
municipal courts - fund created. (2) A municipality that wants to utilize3
the services of the office of alternate defense counsel to evaluate the4
provision of defense counsel to indigent defendants as described in5
section 13-10-114.5 (3)(c)(II)(A) SECTION 13-10-114.5 (4)(c)(II)(A)6
during the next calendar year shall request such services on or before7
September 1, 2018, and on or before September 1 each year thereafter.8
SECTION 11. Safety clause. The general assembly finds,9
determines, and declares that this act is necessary for the immediate10
preservation of the public peace, health, or safety or for appropriations for11
the support and maintenance of the departments of the state and state12
institutions.13
1147
-26-