House Bill 25-1147 Preamended

A Bill for an Act

• Page 1, Line 101Concerning measures to ensure that municipal court

• Page 1, Line 102defendants are subject to similar conditions as state

• Page 1, Line 103court defendants.

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 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.

• This Unofficial Version Includes Committee

• Amendments Not Yet Adopted on Second Reading

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  Legislative declaration. (1)  The general assembly finds and declares that:

• Page 2, Line 3(a)  Fair and consistent criminal sentencing, access to counsel for

• Page 2, Line 4indigent people accused of crimes, and transparency of court proceedings across Colorado are matters of statewide concern;

• Page 2, Line 5(b)  Disparities in criminal sentencing reduce the fairness, rationality, and equity of Colorado's criminal justice system;

• Page 2, Line 6(c)  In 2020, Governor Jared Polis, in his Biennial Topics Letter,

• Page 2, Line 7directed the Colorado Commission on Criminal and Juvenile Justice to

• Page 2, Line 8propose comprehensive reform to Colorado's sentencing laws, explaining:

• Page 2, Line 9"Our sentencing scheme should be rational, just, and consistent so that the punishment fits the conduct";

• Page 2, Line 10(d)  In this letter, Governor Polis listed as "values" to guide

• Page 2, Line 11sentencing reform: "Ensuring fair and consistent treatment" and "Eliminating unjustified disparities in sentencing";

• Page 2, Line 12(e)  Following Governor Polis' directive, the Colorado

• Page 3, Line 1Commission on Criminal and Juvenile Justice recommended passage of

• Page 3, Line 2Senate Bill 21-271, which standardized and rationalized sentencing for

• Page 3, Line 3misdemeanors in state court. The bill was silent with regard to application to municipal courts;

• Page 3, Line 4(f)  Senate Bill 21-271 passed with bipartisan, law enforcement, and criminal justice reformer support;

• Page 3, Line 5(g)  Since the passage of Senate Bill 21-271, some municipal

• Page 3, Line 6courts have exercised their authority to sentence defendants to jail for up

• Page 3, Line 7to 364 days for crimes related to poverty, which are capped at a 10-day jail sentence in state court under Senate Bill 21-271;

• Page 3, Line 8(h)  The sentencing disparities between municipal and state courts

• Page 3, Line 9is a matter of statewide concern, requiring action to align sentences to

• Page 3, Line 10avoid irrational, unjust, and excessive punishments that are out of step with Colorado values and legal standards;

• Page 3, Line 11(i)  The sentencing disparities between municipal and state courts

• Page 3, Line 12creates a 2-tiered system of justice that ensures unequal treatment under

• Page 3, Line 13the law, which is inconsistent with Colorado values and legalstandards; and

• Page 3, Line 14(j)  With respect to domestic violence offenses, implementing

• Page 3, Line 15these changes as of April 1, 2026, permits municipalities to revise their

• Page 3, Line 16ordinances to ensure the adequate protection of domestic violence victims and to promote consistent sentencing practices across all such cases.

• Page 3, Line 17(2)  Therefore, the general assembly expressly declares that there

• Page 3, Line 18is a need to end sentencing disparities between state and municipal courts in order to ensure equal treatment under the law for all Coloradans.

• Page 3, Line 19SECTION 2.  In Colorado Revised Statutes, 13-1-132, amend

• Page 3, Line 20(3.5)(a)(III) and (4); and add (3.5)(a)(III.5), (3.5)(g.5), and (3.5)(h) as follows:

• Page 4, Line 113-1-132.  Use of interactive audiovisual devices and

• Page 4, Line 2communication technology in court proceedings. (3.5) (a)  All

• Page 4, Line 3Colorado courts, including municipal courts, shall make any criminal

• Page 4, Line 4court proceeding conducted in open court available for remote public

• Page 4, Line 5viewing and listening in real time, at no cost to the public, through an

• Page 4, Line 6online platform, which may include a participatory web conferencing

• Page 4, Line 7platform, and post prominently on the court's website the links for remote observation, unless:

• Page 4, Line 8(III)  Technology or Staffingor internet issues limit or prevent remote observation; or

• Page 4, Line 9(III.5)  Temporary or intermittent internet or technology issues limit or prevent remote observation; or

• Page 4, Line 10(g.5)  The exceptions to remote observation described in

• Page 4, Line 11subsection (3.5)(a) of this section are case specific and fact

• Page 4, Line 12specific, so a court shall not adopt blanket rules prohibiting

• Page 4, Line 13remote observation for any categories of cases or types of proceedings.

• Page 4, Line 14(h)  The exceptions described in subsections (3.5)(a)(I) and

• Page 4, Line 15(3.5)(a)(III) of this section do not apply to court proceedings in which the defendant is in custody.

• Page 4, Line 16(4)  The requirements of this section supersede any

• Page 4, Line 17statute, judicial guidance, or chief justice directive limiting

• Page 4, Line 18remote public observation of criminal courts, including chief

• Page 4, Line 19justice directive 23-02 adopted before the effective date of this

• Page 4, Line 20House Bill 25-____. The supreme court may prescribe rules of

• Page 4, Line 21procedure pursuant to section 13-2-109 to implement this section, but

• Page 5, Line 1the rules must not narrow or conflict with the requirements of this section.

• Page 5, Line 2SECTION 3.  In Colorado Revised Statutes, amend 13-10-103 as follows:

• Page 5, Line 313-10-103.  Applicability. This article 10 applies to and governs

• Page 5, Line 4the operation of municipal courts in the cities and towns of this state.

• Page 5, Line 5Except for the provisions relating to the method of salary payment for

• Page 5, Line 6municipal judges; the incarceration of children pursuant to sections

• Page 5, Line 719-2.5-305 and 19-2.5-1511; the appearance of the parent, guardian, or

• Page 5, Line 8lawful custodian of any child under eighteen years of age who is charged

• Page 5, Line 9with a municipal offense as required by section 13-10-111; the right to a

• Page 5, Line 10trial by jury for petty offenses pursuant to section 16-10-109; relief from

• Page 5, Line 11improperly entered guilty pleas pursuant to section 18-1-410.6; the

• Page 5, Line 12prosecution of an alleged act of domestic violence, as defined in section

• Page 5, Line 1318-6-800.3; making a criminal court proceeding conducted in open court

• Page 5, Line 14available for remote public viewing and listening in real time; rules of

• Page 5, Line 15procedure promulgated adopted by the supreme court; and appellate

• Page 5, Line 16procedure; sentencing limitations in section 13-10-113; and the

• Page 5, Line 17right to counsel for certain indigent defendants pursuant to

• Page 5, Line 18section 13-10-114.5, this article 10 may be superseded by charter or ordinance enacted by a home rule city.

• Page 5, Line 19SECTION 4.  In Colorado Revised Statutes, 13-10-111.5, amend (2), (3)(a) introductory portion, and (3)(a)(I); and add (3)(c) as follows:

• Page 5, Line 2013-10-111.5.  Notice to municipal courts of municipal holds.

• Page 5, Line 21(2)  Once a municipal court receives notice that the a defendant is being

• Page 5, Line 22held solely on the basis of a municipal hold, the municipal court shall

• Page 5, Line 23hold a hearing within forty-eight hours after the receipt of such a the

• Page 6, Line 1notice. The county sheriff or municipal jail administrator shall make

• Page 6, Line 2the in-custody defendant available to appear in a timely manner before a

• Page 6, Line 3municipal judge for a hearing required by this subsection (2) at the date

• Page 6, Line 4and time mutually agreed to by the county sheriff and municipal court.

• Page 6, Line 5This subsection (2) must not be construed to require the county sheriff or

• Page 6, Line 6municipal jail administrator to transport the in-custody defendant to

• Page 6, Line 7the municipal court. It is not a violation of this section if a bond hearing

• Page 6, Line 8is not held within forty-eight hours when the delay is caused by

• Page 6, Line 9circumstances in which the defendant refuses to attend court, is unable to

• Page 6, Line 10attend court due to drug or alcohol use, a serious medical or behavioral

• Page 6, Line 11health emergency, or when the delay is caused by an emergency that

• Page 6, Line 12requires the court to close. When the a defendant is unable to attend

• Page 6, Line 13court, the sheriff or municipal jail administrator shall provide the

• Page 6, Line 14court and municipal public defender's office, if one exists, with a

• Page 6, Line 15list of people subject to this section who did not timely attend court, the

• Page 6, Line 16date of the person's arrest, and the location where the person is in custody.

• Page 6, Line 17The sheriff or municipal jail administrator shall document the length

• Page 6, Line 18of the delay, the reason for the delay, and the efforts to abate the

• Page 6, Line 19emergency. As soon as the emergency has sufficiently abated, the sheriff

• Page 6, Line 20or municipal jail administrator shall make the in-custody defendant

• Page 6, Line 21available to appear before the municipal court at the next scheduled bond

• Page 6, Line 22hearing. Use of audiovisual conferencing technology is permissible to

• Page 6, Line 23expedite the hearing. When high-speed internet access is unavailable,

• Page 6, Line 24making audiovisual conferencing impossible, the court may conduct the hearing telephonically.

• Page 6, Line 25(3) (a)  At the hearing required in pursuant to subsection (2) of

• Page 6, Line 26this section, the municipal court shall either:

• Page 7, Line 1(I)  Arraign the defendant, including advisement, bond

• Page 7, Line 2setting, and plea, unless the defendant seeks a plea continuance;or

• Page 7, Line 3 (c) (I)  At the hearing required pursuant to subsection (2)

• Page 7, Line 4of this section, the defendant has the right to be represented by

• Page 7, Line 5court-appointed indigent defense counsel pursuant to section 13-10-114.5.

• Page 7, Line 6(II)  Before the hearing required pursuant to subsection (2)

• Page 7, Line 7of this section, the court shall notify indigent defense counsel

• Page 7, Line 8of each person in custody and provide indigent defense counsel

• Page 7, Line 9sufficient time to prepare for and present an individualized

• Page 7, Line 10argument regarding the type of bond and conditions of release

• Page 7, Line 11at the hearing, consistent with the court's docket and scheduling priorities.

• Page 7, Line 12(III)  The municipal court shall notify the prosecuting

• Page 7, Line 13attorney of each person whose matter is set for a hearing

• Page 7, Line 14required pursuant to subsection (2) of this section. The

• Page 7, Line 15prosecuting attorney may appear at all initial hearings to

• Page 7, Line 16provide the prosecuting attorney's position regarding the type

• Page 7, Line 17of bond and conditions of release, and the court shall provide

• Page 7, Line 18the prosecuting attorney sufficient time to prepare for and

• Page 7, Line 19present any relevant argument, consistent with the court's docket and scheduling priorities.

• Page 7, Line 20(IV)  Prior to the hearing required pursuant to subsection

• Page 7, Line 21(2) of this section, any pretrial services agency operating in that

• Page 7, Line 22municipality, or any other agency that reports to the court,

• Page 7, Line 23that has conducted a pretrial release assessment or gathered

• Page 8, Line 1information for the court's consideration at the hearing shall

• Page 8, Line 2provide the prosecuting attorney and the defendant's attorney

• Page 8, Line 3all information provided to the court regarding the defendant

• Page 8, Line 4in custody, which must include, if provided to the court, the

• Page 8, Line 5arrest warrant, the probable cause statement, and the defendant's criminal history.

• Page 8, Line 6(V)  Before the hearing required pursuant to subsection

• Page 8, Line 7(2) of this section, the sheriff and jail personnel shall provide

• Page 8, Line 8indigent defense counsel access to the defendant who will be

• Page 8, Line 9appearing at the hearing and shall allow indigent defense

• Page 8, Line 10counsel sufficient time with the defendant prior to the hearing in order to prepare for the hearing.

• Page 8, Line 11SECTION 5.  In Colorado Revised Statutes, 13-10-112, add (3) and (4) as follows:

• Page 8, Line 1213-10-112.  Powers and procedures. (3)  Each municipal court

• Page 8, Line 13shall ensure all court proceedings, including court proceedings

• Page 8, Line 14for defendants in custody, are accessible to any member of the public for public observation.

• Page 8, Line 15(4)  If a municipal court receives notice that a defendant

• Page 8, Line 16who has a criminal or traffic matter pending before the court is

• Page 8, Line 17in custody in Colorado for any reason, the municipal court

• Page 8, Line 18shall make diligent efforts to timely resolve the municipal

• Page 8, Line 19matter, including taking reasonable steps to promptly bring the

• Page 8, Line 20defendant before the court. The court shall assign indigent

• Page 8, Line 21defense counsel in the same manner as required by section

• Page 8, Line 2213-10-114.5. A municipal court shall not deny a defendant the

• Page 8, Line 23ability to appear before the municipal court because the

• Page 9, Line 1defendant is in custody for another, non-municipal matter. For

• Page 9, Line 2a hearing other than a trial or for the purpose of resolution by

• Page 9, Line 3plea, the court may permit counsel to appear on behalf of the

• Page 9, Line 4defendant pursuant to the Colorado municipal court rules and

• Page 9, Line 5permit appearance through audiovisual or telephonic means, if

• Page 9, Line 6available. This subsection (4) does not preclude a defendant

• Page 9, Line 7from expressly agreeing to delay a matter once the defendant appears before the municipal court.

• Page 9, Line 8SECTION 6.  In Colorado Revised Statutes, 13-10-113, amend (1), (1.5), and (2) as follows:

• Page 9, Line 913-10-113.  Fines and penalties. (1) (a)  Except as provided in

• Page 9, Line 10subsection (1)(b) of this section, Any A person convicted of violating a

• Page 9, Line 11municipal ordinance in a municipal court of record may be incarcerated

• Page 9, Line 12for a period not to exceed three hundred sixty-four days or fined an

• Page 9, Line 13amount not to exceed two thousand six hundred fifty dollars, or both,

• Page 9, Line 14subject to the limitations in subsections (1)(b) to(1)(e)of this section.

• Page 9, Line 16(b) (I)  The limitation on municipal court fines set forth in

• Page 9, Line 17paragraph (a) of this subsection (1) subsection (1)(a) of this section

• Page 9, Line 18shall be adjusted for inflation on January 1, 2014, and on January 1 of each year thereafter.

• Page 9, Line 19(II)  As used in this paragraph (b) subsection (1)(b), "inflation"

• Page 9, Line 20means the annual percentage change in the United States department of

• Page 9, Line 21labor, bureau of labor statistics, consumer price index for Denver-Boulder, all items, all urban consumers, or its successor index.

• Page 9, Line 22(c)  A municipal court of record shall not impose a

• Page 10, Line 1sentence of incarceration for a defendant convicted of

• Page 10, Line 2violating a municipal ordinance for a period that exceeds the

• Page 10, Line 3maximum penalty allowed for any comparable misdemeanor,

• Page 10, Line 4petty offense, civil infraction, traffic offense, or traffic

• Page 10, Line 5infraction pursuant to state law. For convictions based on a

• Page 10, Line 6violation of a municipal ordinance for which there is no

• Page 10, Line 7comparable misdemeanor, petty offense, civil infraction, traffic

• Page 10, Line 8offense, or traffic infraction pursuant to state law, the

• Page 10, Line 9municipal court shall not impose a sentence of incarceration

• Page 10, Line 10that exceeds the maximum sentence for a petty offense pursuant

• Page 10, Line 11to state law. A municipality shall not require imposition of a

• Page 10, Line 12mandatory minimum jail sentence unless the person is convicted

• Page 10, Line 13of a municipal offense for which there is a comparable state

• Page 10, Line 14offense or infraction that requires imposition of the same

• Page 10, Line 15mandatory minimum jail sentence. A municipality shall not

• Page 10, Line 16impose increased penalties based on a prior conviction unless the

• Page 10, Line 17person is convicted of a municipal offense for which there is a

• Page 10, Line 18comparable state offense or infraction that allows imposition of the same increased penalties based on a prior conviction.

• Page 10, Line 19(d)  A municipal court shall not impose a fine that exceeds

• Page 10, Line 20the maximum fine for any comparable state offense or

• Page 10, Line 21infraction under state law. For convictions based on a municipal

• Page 10, Line 22ordinance for which there is no comparable state offense or

• Page 10, Line 23infraction and for which the municipal code allows for a

• Page 10, Line 24possible sentence of incarceration, the municipal court shall

• Page 10, Line 25not impose a fine that exceeds the maximum fine for a petty

• Page 10, Line 26offense pursuant to state law.

• Page 11, Line 1(e)  A municipal court shall not impose a maximum

• Page 11, Line 2consecutive sentence of incarceration for municipal offenses

• Page 11, Line 3charged in a single case that is more than twice the maximum sentence for the highest charge in the case.

• Page 11, Line 4(f)  Notwithstanding any other provision of law, the

• Page 11, Line 5provisions of subsections (1)(b) to (1)(d) of this section,

• Page 11, Line 6subsection (1.5) of this section, and subsection (2) of this section

• Page 11, Line 7do not apply to a violation of a municipal ordinance with an

• Page 11, Line 8underlying factual basis that includes an act of domestic

• Page 11, Line 9violence, as defined in section 18-6-800.3, committed before April 1, 2026.

• Page 11, Line 10(1.5)  Any A municipal court shall not sentence to

• Page 11, Line 11incarceration a person convicted of violating a municipal ordinance in

• Page 11, Line 12a municipal court which that is not of record may be incarcerated for a

• Page 11, Line 13period not to exceed ninety days or fined or fine the person in an amount not to exceed that exceeds three hundred dollars. or both

• Page 11, Line 14(2)  In sentencing or fining a violator, the municipal judge court

• Page 11, Line 15shall not exceed the sentence or fine limitations established by ordinance

• Page 11, Line 16sentence the violator using the sentencing or fine limitations

• Page 11, Line 17established by either municipal ordinance or state law, based on

• Page 11, Line 18whichever limitation is lower. Any other provision of the law to the

• Page 11, Line 19contrary notwithstanding, the municipal judge court may suspend the

• Page 11, Line 20sentence or fine of any a violator and place him the violator on probation for a period not to exceed one year.

• Page 11, Line 21SECTION 7.  In Colorado Revised Statutes, amend as it exists until July 1, 2025, 13-10-114.5 as follows:

• Page 11, Line 2213-10-114.5.  Representation by counsel - independent indigent

• Page 12, Line 1defense - definitions. (1)  At the time of first appearance on a municipal

• Page 12, Line 2charge, if the defendant is in custody and the charged offense includes a

• Page 12, Line 3possible sentence of incarceration, the court shall appoint counsel to

• Page 12, Line 4represent the defendant for purposes of the initial appearance unless, after

• Page 12, Line 5a full advisement pursuant to C.M.C.R. 210 and section 16-7-207, C.R.S.,

• Page 12, Line 6the defendant makes a knowing, intelligent, and voluntary waiver of his

• Page 12, Line 7or her right to counsel. A municipality shall provide defense

• Page 12, Line 8counsel for each indigent defendant charged with a municipal

• Page 12, Line 9violation for which the municipal code allows a possible

• Page 12, Line 10sentence of incarceration unless, after being fully advised

• Page 12, Line 11pursuant to C.M.C.R. 210 and section 16-7-207, the defendant

• Page 12, Line 12makes a knowing, intelligent, and voluntary waiver of the right to counsel.

• Page 12, Line 13(2)  If the defendant remains in custody, the appointment of

• Page 12, Line 14counsel continues until the defendant is released from custody. If the

• Page 12, Line 15defendant is released from custody, he or she may apply for

• Page 12, Line 16court-appointed counsel, and the court shall appoint counsel if the court

• Page 12, Line 17determines that the defendant is indigent and the charged offense includes

• Page 12, Line 18a possible sentence of incarceration. An in-custody municipal

• Page 12, Line 19defendant is presumed indigent and automatically entitled to

• Page 12, Line 20representation by court-appointed counsel at and during every

• Page 12, Line 21in-custody court appearance. A municipality that authorizes

• Page 12, Line 22law enforcement to arrest an individual for an alleged

• Page 12, Line 23municipal code violation shall ensure indigent defense counsel

• Page 12, Line 24is present and available to represent an in-custody defendant

• Page 12, Line 25at all court appearances and that court appearances occur

• Page 12, Line 26within the time frames established in section 13-10-111.5 (2). For

• Page 13, Line 1a court appearance at which the municipal court is required to

• Page 13, Line 2set a personal recognizance bond, the right to indigent defense

• Page 13, Line 3counsel at the hearing remains in place, as does the requirement

• Page 13, Line 4that the court conduct proceedings before setting bond as required by section 13-10-111.5 (3).

• Page 13, Line 5(3)  If a defendant is in custody, cannot post bail or is not

• Page 13, Line 6allowed to post bail, and has a municipal hold, indigent defense

• Page 13, Line 7counsel for the holding municipality may automatically elect

• Page 13, Line 8to represent the defendant in the municipal case and shall

• Page 13, Line 9notify the municipal court either verbally or in writing of the

• Page 13, Line 10representation. If a municipal court receives notice, including

• Page 13, Line 11from an incarcerated defendant, jail, or correctional facility,

• Page 13, Line 12of a defendant in custody who cannot post bail or is not

• Page 13, Line 13allowed to post bail, and has a municipal hold, the holding

• Page 13, Line 14municipal court shall either appoint indigent defense counsel to

• Page 13, Line 15represent the defendant in the municipal case while the

• Page 13, Line 16defendant is in custody or notify the defendant's indigent

• Page 13, Line 17defense counsel to allow indigent defense counsel the

• Page 13, Line 18opportunity to automatically elect to represent the defendant while the defendant is in custody.

• Page 13, Line 19(3.5)  At the time of a defendant's first out-of-custody

• Page 13, Line 20appearance in municipal court for a violation for which the

• Page 13, Line 21municipal code allows a possible sentence of incarceration, the

• Page 13, Line 22court shall advise the defendant of the defendant's right to

• Page 13, Line 23counsel. The court may inquire and make a determination as to

• Page 13, Line 24indigence immediately upon request or shall advise the

• Page 13, Line 25defendant of the procedure to apply for court-appointed

• Page 14, Line 1indigent defense counsel. If the court determines the defendant

• Page 14, Line 2is indigent, the court shall appoint indigent defense counsel in

• Page 14, Line 3the municipal case unless, after being fully advised pursuant to

• Page 14, Line 4rule 210 of the Colorado municipal court rules and section

• Page 14, Line 516-7-207, the defendant makes a knowing, intelligent, and

• Page 14, Line 6voluntary waiver of the right to counsel. Nothing in this

• Page 14, Line 7section prevents the court from making a determination of

• Page 14, Line 8indigence in advance of an out-of-custody hearing or at the

• Page 14, Line 9same hearing when the defendant requests appointment of counsel.

• Page 14, Line 10(3)  (4) (a)  On and after January 1, 2020, each municipality shall

• Page 14, Line 11provide independent indigent defense for each indigent defendant charged

• Page 14, Line 12with a municipal code violation for which there is a possible sentence of

• Page 14, Line 13incarceration. Independent indigent defense requires, at minimum, that a

• Page 14, Line 14nonpartisan entity independent of the municipal court and municipal officials oversee or evaluate indigent defense counsel.

• Page 14, Line 15(b) (I)  Because the office of alternate defense counsel created in

• Page 14, Line 16section 21-2-101 is an independent system of indigent defense overseen

• Page 14, Line 17by an independent commission, provision of indigent defense by lawyers

• Page 14, Line 18evaluated or overseen by the office of alternate defense counsel satisfies

• Page 14, Line 19the requirement described in subsection (3)(a) subsection (4)(a) of this section.

• Page 14, Line 20(II)  Because a legal aid clinic at any Colorado law school

• Page 14, Line 21accredited by the American bar association is an independent system of

• Page 14, Line 22indigent defense overseen by the dean of the law school with which it is

• Page 14, Line 23affiliated, any a provision or oversight of indigent defense through a legal

• Page 14, Line 24aid clinic associated with any Colorado law school accredited by the

• Page 15, Line 1American bar association satisfies the requirement described in subsection (3)(a) subsection (4)(a) of this section.

• Page 15, Line 2(c)  To satisfy the requirement described in subsection (3)(a)

• Page 15, Line 3subsection (4)(a) of this section, a municipality that contracts directly

• Page 15, Line 4with one or more defense attorneys to provide counsel to indigent defendants shall ensure that:

• Page 15, Line 5(I)  The process to select indigent defense attorneys is transparent and based on merit; and

• Page 15, Line 6(II)  Each contracted indigent defense attorney is periodically

• Page 15, Line 7evaluated by an independent entity for competency and independence.

• Page 15, Line 8The municipality shall evaluate each newly hired defense attorney as soon

• Page 15, Line 9as practicable but no later than one year after he or she the defense

• Page 15, Line 10attorney is hired. Otherwise, the municipality shall evaluate each

• Page 15, Line 11defense attorney at least every three years. An independent entity that

• Page 15, Line 12evaluates defense attorneys pursuant to this subsection (3)(c)(II)

• Page 15, Line 13subsection (4)(c)(II) shall provide evaluation results and any

• Page 15, Line 14recommendations for corrective action in writing to the municipality. For

• Page 15, Line 15the purpose of this subsection (3) subsection (4), "independent entity" means:

• Page 15, Line 16(A)  The office of alternate defense counsel;

• Page 15, Line 17(B)  An attorney or a group of attorneys, each of whom has

• Page 15, Line 18substantial experience practicing criminal defense in Colorado within the

• Page 15, Line 19preceding five years, so long as the attorney or group of attorneys is not

• Page 15, Line 20affiliated with the municipality receiving the services, including any a municipal judge, prosecutor, or indigent defense attorney; or

• Page 15, Line 21(C)  A local or regional independent indigent defense commission,

• Page 15, Line 22as described in subsection (3)(d) subsection (4)(d) of this section.

• Page 16, Line 1(d) (I)  To satisfy the requirement described in subsection (3)(a)

• Page 16, Line 2subsection (4)(a) of this section, a municipality may establish a local

• Page 16, Line 3independent indigent defense commission or coordinate with one or more

• Page 16, Line 4other municipalities to establish a regional independent indigent defense

• Page 16, Line 5commission. Any local or regional independent indigent defense

• Page 16, Line 6commission in existence as of January 1, 2018, is deemed to be in

• Page 16, Line 7compliance with this subsection (3)(d) subsection (4)(d) and may continue as established.

• Page 16, Line 8(II)  Each local or regional independent indigent defense

• Page 16, Line 9commission established pursuant to this subsection (4)(d) must

• Page 16, Line 10include at least three members, each of whom is selected by the chief

• Page 16, Line 11municipal judge in consultation with the Colorado criminal defense bar,

• Page 16, Line 12the office of alternate defense counsel, or the office of the state public

• Page 16, Line 13defender. Prior to serving on a commission, any commission member who

• Page 16, Line 14is selected by a chief municipal judge must be approved by the office of

• Page 16, Line 15alternate defense counsel. The office of alternate defense counsel shall

• Page 16, Line 16approve such appointed commission members whom the office, in its

• Page 16, Line 17discretion, deems likely to promote the provision of competent and independent indigent defense.

• Page 16, Line 18(III)  The terms and procedures for the members of a local or

• Page 16, Line 19regional independent indigent defense commission must be established

• Page 16, Line 20pursuant to this subsection (4)(d) are determined by the municipality

• Page 16, Line 21or municipalities that establish established the independent indigent defense commission.

• Page 16, Line 22(IV)  A local or regional independent indigent defense commission

• Page 16, Line 23established pursuant to this subsection (3)(d) subsection (4)(d) has the

• Page 16, Line 24responsibility and exclusive authority to appoint indigent defense counsel

• Page 17, Line 1for a term of at least one year or more to be served until a successor is

• Page 17, Line 2appointed. The independent indigent defense commission retains sole

• Page 17, Line 3authority to supervise the indigent defense counsel and discharge him or her them for cause.

• Page 17, Line 4(V)  A local or regional independent indigent defense commission

• Page 17, Line 5established pursuant to this subsection (4)(d), through its ability to

• Page 17, Line 6supervise, appoint, and discharge the indigent defense counsel pursuant

• Page 17, Line 7to subsection (4)(d)(IV) of this section, shall ensure that indigent

• Page 17, Line 8defendants accused of violations of municipal ordinances for which there

• Page 17, Line 9is a possible sentence of incarceration are represented independently of

• Page 17, Line 10any political considerations or private interests, that such the indigent

• Page 17, Line 11defendants receive legal services that are commensurate with those

• Page 17, Line 12available to nonindigent defendants, and that municipal indigent defense

• Page 17, Line 13attorneys provide representation in accordance with the Colorado rules of

• Page 17, Line 14professional conduct and the American bar association standards relating to the administration of criminal justice.

• Page 17, Line 15(VI)  A local or regional independent indigent defense commission

• Page 17, Line 16established pursuant to this subsection (4)(d) shall not interfere

• Page 17, Line 17with the discretion, judgment, and zealous advocacy of indigent defense attorneys in specific cases.

• Page 17, Line 18(VII)  A local or regional independent indigent defense

• Page 17, Line 19commission established pursuant to this subsection (4)(d) shall

• Page 17, Line 20make recommendations to its municipality or municipalities regarding the

• Page 17, Line 21provision of adequate monetary resources to provide legal services to indigent defendants accused of violations of such municipal ordinances.

• Page 17, Line 22(VIII)  The members of an independent indigent defense

• Page 17, Line 23commission established pursuant to this subsection (4)(d) shall

• Page 18, Line 1serve without compensation; except that a municipality that establishes

• Page 18, Line 2a local independent indigent defense commission or that coordinates with

• Page 18, Line 3one or more other municipalities to establish a regional independent

• Page 18, Line 4indigent defense commission shall reimburse the members of the

• Page 18, Line 5commission for actual and reasonable expenses incurred in the performance of their duties.

• Page 18, Line 6(5)  If a defendant remains in custody, the appointment of

• Page 18, Line 7counsel continues until the defendant is released from custody.

• Page 18, Line 8If a defendant is released from custody, the defendant may

• Page 18, Line 9apply for court-appointed counsel, and the court shall appoint

• Page 18, Line 10counsel if the court determines that the defendant is indigent

• Page 18, Line 11and the charged offense includes a possible sentence of incarceration.

• Page 18, Line 12SECTION 8.  In Colorado Revised Statutes, amend as it will become effective July 1, 2025, 13-10-114.5 as follows:

• Page 18, Line 1313-10-114.5.  Representation by counsel - independent indigent

• Page 18, Line 14defense - definitions. (1)  At the time of first appearance on a municipal

• Page 18, Line 15charge, if the defendant is in custody and the charged offense includes a

• Page 18, Line 16possible sentence of incarceration, the court shall appoint counsel to

• Page 18, Line 17represent the defendant for purposes of the initial appearance unless, after

• Page 18, Line 18a full advisement pursuant to C.M.C.R. 210 and section 16-7-207, C.R.S.,

• Page 18, Line 19the defendant makes a knowing, intelligent, and voluntary waiver of his

• Page 18, Line 20or her right to counsel. A municipality shall provide defense

• Page 18, Line 21counsel for each indigent defendant charged with a municipal

• Page 18, Line 22violation for which the municipal code allows a possible

• Page 18, Line 23sentence of incarceration unless, after being fully advised

• Page 18, Line 24pursuant to C.M.C.R. 210 and section 16-7-207, the defendant

• Page 19, Line 1makes a knowing, intelligent, and voluntary waiver of the right to counsel.

• Page 19, Line 2(2)  If the defendant remains in custody, the appointment of

• Page 19, Line 3counsel continues until the defendant is released from custody. If the

• Page 19, Line 4defendant is released from custody, he or she may apply for

• Page 19, Line 5court-appointed counsel, and the court shall appoint counsel if the court

• Page 19, Line 6determines that the defendant is indigent and the charged offense includes

• Page 19, Line 7a possible sentence of incarceration. An in-custody municipal

• Page 19, Line 8defendant is presumed indigent and automatically entitled to

• Page 19, Line 9representation by court-appointed counsel at and during every

• Page 19, Line 10in-custody court appearance. A municipality that authorizes

• Page 19, Line 11law enforcement to arrest an individual for an alleged

• Page 19, Line 12municipal code violation shall ensure indigent defense counsel

• Page 19, Line 13is present and available to represent an in-custody defendant

• Page 19, Line 14at all court appearances and that court appearances occur

• Page 19, Line 15within the time frames established in section 13-10-111.5 (2). For

• Page 19, Line 16a court appearance at which the municipal court is required to

• Page 19, Line 17set a personal recognizance bond, the right to indigent defense

• Page 19, Line 18counsel at the hearing remains in place, as does the requirement

• Page 19, Line 19that the court conduct proceedings before setting bond as required by section 13-10-111.5 (3).

• Page 19, Line 20(3)  If a defendant is in custody, cannot post bail or is not

• Page 19, Line 21allowed to post bail, and has a municipal hold, indigent defense

• Page 19, Line 22counsel for the holding municipality may automatically elect

• Page 19, Line 23to represent the defendant in the municipal case and shall

• Page 19, Line 24notify the municipal court either verbally or in writing of the

• Page 19, Line 25representation. If a municipal court receives notice, including

• Page 20, Line 1from an incarcerated defendant, jail, or correctional facility,

• Page 20, Line 2of a defendant in custody who cannot post bail or is not

• Page 20, Line 3allowed to post bail, and has a municipal hold, the holding

• Page 20, Line 4municipal court shall either appoint indigent defense counsel to

• Page 20, Line 5represent the defendant while the defendant is in custody or

• Page 20, Line 6notify the defendant's indigent defense counsel to allow

• Page 20, Line 7indigent defense counsel the opportunity to automatically

• Page 20, Line 8elect to represent the defendant while the defendant is in custody.

• Page 20, Line 9(3.5)  At the time of a defendant's first out-of-custody

• Page 20, Line 10appearance in municipal court for a violation for which the

• Page 20, Line 11municipal code allows a possible sentence of incarceration, the

• Page 20, Line 12court shall advise the defendant of the defendant's right to

• Page 20, Line 13counsel. The court may inquire and make a determination as to

• Page 20, Line 14indigence immediately upon request or shall advise the

• Page 20, Line 15defendant of the procedure to apply for court-appointed

• Page 20, Line 16indigent defense counsel. If the court determines the defendant

• Page 20, Line 17is indigent, the court shall appoint indigent defense counsel in

• Page 20, Line 18the municipal case unless, after being fully advised pursuant to

• Page 20, Line 19rule 210 of the Colorado municipal court rules and section

• Page 20, Line 2016-7-207, the defendant makes a knowing, intelligent, and

• Page 20, Line 21voluntary waiver of the right to counsel. Nothing in this

• Page 20, Line 22section prevents the court from making a determination of

• Page 20, Line 23indigence in advance of an out-of-custody hearing or at the

• Page 20, Line 24same hearing when the defendant requests appointment of counsel.

• Page 20, Line 25(3)  (4) (a)  On and after January 1, 2020, each municipality shall

• Page 21, Line 1provide independent indigent defense for each indigent defendant charged

• Page 21, Line 2with a municipal code violation for which there is a possible sentence of

• Page 21, Line 3incarceration. Independent indigent defense requires, at minimum, that a

• Page 21, Line 4nonpartisan entity independent of the municipal court and municipal officials oversee or evaluate indigent defense counsel.

• Page 21, Line 5(b) (I)  Because the office of alternate defense counsel created in

• Page 21, Line 6section 21-2-101 is an independent system of indigent defense overseen

• Page 21, Line 7by an independent commission, provision of indigent defense by lawyers

• Page 21, Line 8evaluated or overseen by the office of alternate defense counsel satisfies

• Page 21, Line 9the requirement described in subsection (3)(a) subsection (4)(a) of this section.

• Page 21, Line 10(II)  Because a legal aid clinic at any Colorado law school

• Page 21, Line 11accredited by the American bar association is an independent system of

• Page 21, Line 12indigent defense overseen by the dean of the law school with which it is

• Page 21, Line 13affiliated, any the provision or oversight of indigent defense through a

• Page 21, Line 14legal aid clinic associated with any Colorado law school accredited by the

• Page 21, Line 15American bar association satisfies the requirement described in subsection (3)(a) subsection (4)(a) of this section.

• Page 21, Line 16(c)  To satisfy the requirement described in subsection (3)(a)

• Page 21, Line 17subsection (4)(a) of this section, a municipality that contracts directly

• Page 21, Line 18with one or more defense attorneys to provide counsel to indigent defendants shall ensure that:

• Page 21, Line 19(I)  The process to select indigent defense attorneys is transparent and based on merit;

• Page 21, Line 20(II)  Each contracted indigent defense attorney is periodically

• Page 21, Line 21evaluated by an independent entity for competency and independence.

• Page 21, Line 22The municipality shall evaluate each newly hired defense attorney as soon

• Page 22, Line 1as practicable but no later than one year after he or she the defense

• Page 22, Line 2attorney is hired. Otherwise, the municipality shall evaluate each

• Page 22, Line 3defense attorney at least every three years. An independent entity that

• Page 22, Line 4evaluates defense attorneys pursuant to this subsection (3)(c)(II)

• Page 22, Line 5subsection (4)(c)(II) shall provide evaluation results and any

• Page 22, Line 6recommendations for corrective action in writing to the municipality. For

• Page 22, Line 7the purpose of this subsection (3) subsection (4), "independent entity" means:

• Page 22, Line 8(A)  The office of alternate defense counsel;

• Page 22, Line 9(B)  An attorney or a group of attorneys, each of whom has

• Page 22, Line 10substantial experience practicing criminal defense in Colorado within the

• Page 22, Line 11preceding five years, so long as the attorney or group of attorneys is not

• Page 22, Line 12affiliated with the municipality receiving the services, including any a municipal judge, prosecutor, or indigent defense attorney; or

• Page 22, Line 13(C)  A local or regional independent indigent defense commission, as described in subsection (3)(d) subsection (4)(d) of this section.

• Page 22, Line 14(III) (A)  The contract does not use a fixed or flat-fee payment

• Page 22, Line 15structure for indigent defense services but instead uses the same payment

• Page 22, Line 16structure and rates that are paid by the state of Colorado to attorneys and

• Page 22, Line 17other interdisciplinary team members under contract with the office of

• Page 22, Line 18alternate defense counsel created in section 21-2-101 and that are

• Page 22, Line 19consistent with chief justice directive 04-04, or any successor chief justice directive.

• Page 22, Line 20(B)  This subsection (3)(c)(III) only applies to a municipality that prosecutes an act of domestic violence, as defined in section 18-6-800.3.

• Page 22, Line 21(C)  For the purposes of this subsection (3)(c) subsection (4)(c),

• Page 22, Line 22"fixed or flat-fee payment structure" means a fee paid as a maximum

• Page 23, Line 1fixed amount for specified legal services, regardless of the time or effort

• Page 23, Line 2involved, but does not include an amount paid as a salary or on a salary basis.

• Page 23, Line 3(d) (I)  To satisfy the requirement described in subsection (3)(a)

• Page 23, Line 4subsection (4)(a) of this section, a municipality may establish a local

• Page 23, Line 5independent indigent defense commission or coordinate with one or more

• Page 23, Line 6other municipalities to establish a regional independent indigent defense

• Page 23, Line 7commission. Any A local or regional independent indigent defense

• Page 23, Line 8commission in existence as of January 1, 2018, is deemed to be in

• Page 23, Line 9compliance with this subsection (3)(d) subsection (4)(d) and may continue as established.

• Page 23, Line 10(II)  Each local or regional independent indigent defense

• Page 23, Line 11commission established pursuant to this subsection (4)(d) must

• Page 23, Line 12include at least three members, each of whom is selected by the chief

• Page 23, Line 13municipal judge in consultation with the Colorado criminal defense bar,

• Page 23, Line 14the office of alternate defense counsel, or the office of the state public

• Page 23, Line 15defender. Prior to serving on a commission, any commission member who

• Page 23, Line 16is selected by a chief municipal judge must be approved by the office of

• Page 23, Line 17alternate defense counsel. The office of alternate defense counsel shall

• Page 23, Line 18approve such appointed commission members whom the office, in its

• Page 23, Line 19discretion, deems likely to promote the provision of competent and independent indigent defense.

• Page 23, Line 20(III)  The terms and procedures for the members of a local or

• Page 23, Line 21regional independent indigent defense commission must be established

• Page 23, Line 22pursuant to this subsection (4)(d) are determined by the municipality

• Page 23, Line 23or municipalities that establish established the independent indigent

• Page 23, Line 24defense commission.

• Page 24, Line 1(IV)  A local or regional independent indigent defense commission

• Page 24, Line 2established pursuant to this subsection (3)(d) subsection (4)(d) has the

• Page 24, Line 3responsibility and exclusive authority to appoint indigent defense counsel

• Page 24, Line 4for a term of at least one year or more to be served until a successor is

• Page 24, Line 5appointed. The independent indigent defense commission retains sole

• Page 24, Line 6authority to supervise the indigent defense counsel and discharge him or her them for cause.

• Page 24, Line 7(V)  A local or regional independent indigent defense commission

• Page 24, Line 8established pursuant to this subsection (4)(d), through its ability to

• Page 24, Line 9supervise, appoint, and discharge the indigent defense counsel pursuant

• Page 24, Line 10to subsection (4)(d)(IV) of this section, shall ensure that indigent

• Page 24, Line 11defendants accused of violations of municipal ordinances for which there

• Page 24, Line 12is a possible sentence of incarceration are represented independently of

• Page 24, Line 13any political considerations or private interests, that such indigent

• Page 24, Line 14defendants receive legal services that are commensurate with those

• Page 24, Line 15available to nonindigent defendants, and that municipal indigent defense

• Page 24, Line 16attorneys provide representation in accordance with the Colorado rules of

• Page 24, Line 17professional conduct and the American bar association standards relating to the administration of criminal justice.

• Page 24, Line 18(VI)  A local or regional independent indigent defense commission

• Page 24, Line 19established pursuant to this subsection (4)(d) shall not interfere

• Page 24, Line 20with the discretion, judgment, and zealous advocacy of indigent defense attorneys in specific cases.

• Page 24, Line 21(VII)  A local or regional independent indigent defense

• Page 24, Line 22commission established pursuant to this subsection (4)(d) shall

• Page 24, Line 23make recommendations to its municipality or municipalities regarding the

• Page 24, Line 24provision of adequate monetary resources to provide legal services to

• Page 25, Line 1indigent defendants accused of violations of such municipal ordinances.

• Page 25, Line 2(VIII)  The members of an independent indigent defense

• Page 25, Line 3commission established pursuant to this subsection (4)(d) shall

• Page 25, Line 4serve without compensation; except that a municipality that establishes

• Page 25, Line 5a local independent indigent defense commission or that coordinates with

• Page 25, Line 6one or more other municipalities to establish a regional independent

• Page 25, Line 7indigent defense commission shall reimburse the members of the

• Page 25, Line 8commission for actual and reasonable expenses incurred in the performance of their duties.

• Page 25, Line 9(5)  If a defendant remains in custody, the appointment of

• Page 25, Line 10counsel continues until the defendant is released from custody.

• Page 25, Line 11If a defendant is released from custody, the defendant may

• Page 25, Line 12apply for court-appointed counsel, and the court shall appoint

• Page 25, Line 13counsel if the court determines that the defendant is indigent

• Page 25, Line 14and the charged offense includes a possible sentence of incarceration.

• Page 25, Line 15SECTION 9.  In Colorado Revised Statutes, 21-2-103, amend (5) as follows:

• Page 25, Line 1621-2-103.  Representation of persons who are indigent -

• Page 25, Line 17definition. (5)  The office of alternate defense counsel may, but is not

• Page 25, Line 18required to, evaluate the performance of attorneys providing indigent

• Page 25, Line 19defense in municipal courts at the request of any municipality, as

• Page 25, Line 20described in section 13-10-114.5 (3)(c)(II) section 13-10-114.5

• Page 25, Line 21(4)(c)(II). The office of alternate defense counsel shall not perform any

• Page 25, Line 22such evaluations without sufficient funding for personnel to perform such evaluations.

• Page 25, Line 23SECTION 10.  In Colorado Revised Statutes, 21-2-108, amend (2) as follows:

• Page 26, Line 121-2-108.  Conflict-free defense for indigent persons in

• Page 26, Line 2municipal courts - fund created. (2)  A municipality that wants to utilize

• Page 26, Line 3the services of the office of alternate defense counsel to evaluate the

• Page 26, Line 4provision of defense counsel to indigent defendants as described in

• Page 26, Line 5section 13-10-114.5 (3)(c)(II)(A) section 13-10-114.5 (4)(c)(II)(A)

• Page 26, Line 6during the next calendar year shall request such services on or before September 1, 2018, and on or before September 1 each year thereafter.

• Page 26, Line 7SECTION 11.  Safety clause. The general assembly finds,

• Page 26, Line 8determines, and declares that this act is necessary for the immediate

• Page 26, Line 9preservation of the public peace, health, or safety or for appropriations for

• Page 26, Line 10the support and maintenance of the departments of the state and state institutions.