House Committee of Reference Report

Committee on Judiciary

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February 26, 2025

After consideration on the merits, the Committee recommends the following:

HB25-1147   be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Page 1, Line 1Amend printed bill, page 2, after line 1 insert:

Page 1, Line 2"SECTION 1.  Legislative declaration. (1)  The general

Page 1, Line 3assembly finds and declares that:

Page 1, Line 4(a)  Fair and consistent criminal sentencing, access to counsel for

Page 1, Line 5indigent people accused of crimes, and transparency of court proceedings

Page 1, Line 6across Colorado are matters of statewide concern;

Page 1, Line 7(b)  Disparities in criminal sentencing reduce the fairness,

Page 1, Line 8rationality, and equity of Colorado's criminal justice system;

Page 1, Line 9(c)  In 2020, Governor Jared Polis, in his Biennial Topics Letter,

Page 1, Line 10directed the Colorado Commission on Criminal and Juvenile Justice to

Page 1, Line 11propose comprehensive reform to Colorado's sentencing laws, explaining:

Page 1, Line 12"Our sentencing scheme should be rational, just, and consistent so that the

Page 1, Line 13punishment fits the conduct";

Page 1, Line 14(d)  In this letter, Governor Polis listed as "values" to guide

Page 1, Line 15sentencing reform: "Ensuring fair and consistent treatment" and

Page 1, Line 16"Eliminating unjustified disparities in sentencing";

Page 1, Line 17(e)  Following Governor Polis' directive, the Colorado

Page 1, Line 18Commission on Criminal and Juvenile Justice recommended passage of

Page 1, Line 19Senate Bill 21-271, which standardized and rationalized sentencing for

Page 1, Line 20misdemeanors in state court. The bill was silent with regard to application

Page 1, Line 21to municipal courts;

Page 1, Line 22(f)  Senate Bill 21-271 passed with bipartisan, law enforcement,

Page 1, Line 23and criminal justice reformer support;

Page 1, Line 24(g)  Since the passage of Senate Bill 21-271, some municipal

Page 1, Line 25courts have exercised their authority to sentence defendants to jail for up

Page 1, Line 26to 364 days for crimes related to poverty, which are capped at a 10-day

Page 1, Line 27jail sentence in state court under Senate Bill 21-271;

Page 1, Line 28(h)  The sentencing disparities between municipal and state courts

Page 2, Line 1is a matter of statewide concern, requiring action to align sentences to

Page 2, Line 2avoid irrational, unjust, and excessive punishments that are out of step

Page 2, Line 3with Colorado values and legal standards; and

Page 2, Line 4(i)  The sentencing disparities between municipal and state courts

Page 2, Line 5creates a 2-tiered system of justice that ensures unequal treatment under

Page 2, Line 6the law, which is inconsistent with Colorado values and legal standards.

Page 2, Line 7(2)  Therefore, the general assembly expressly declares that there

Page 2, Line 8is a need to end sentencing disparities between state and municipal courts

Page 2, Line 9in order to ensure equal treatment under the law for all Coloradans.".

Page 2, Line 10Renumber succeeding sections accordingly.

Page 2, Line 11Page 2, line 13, strike "Technology or staffing" and substitute

Page 2, Line 12"Technology or Staffing".

Page 2, Line 13Page 2, line 15, strike "Internet" and substitute "Temporary or

Page 2, Line 14intermittent internet or technology".

Page 2, Line 15Page 4, line 5, strike "indigent defendants," and substitute "certain

Page 2, Line 16indigent defendants pursuant to section 13-10-114.5,".

Page 2, Line 17Page 4, line 13, after "sheriff" insert "or municipal jail

Page 2, Line 18administrator".

Page 2, Line 19Page 4, line 17, after "sheriff" insert "or municipal jail

Page 2, Line 20administrator".

Page 2, Line 21Page 4, line 24, after "sheriff" insert "or municipal jail

Page 2, Line 22administrator".

Page 2, Line 23Page 4, line 27, after "sheriff" insert "or municipal jail

Page 2, Line 24administrator".

Page 2, Line 25Page 5, line 3, after "sheriff" insert "or municipal jail administrator".

Page 2, Line 26Page 7, strike lines 2 through 12 and substitute:

Page 2, Line 27"(4)  If a municipal court receives notice that a defendant

Page 2, Line 28who has a criminal or traffic matter pending before the court is

Page 2, Line 29in custody in Colorado for any reason, the municipal court

Page 2, Line 30shall make diligent efforts to timely resolve the municipal

Page 2, Line 31matter, including taking reasonable steps to promptly bring the

Page 2, Line 32defendant before the court. The court shall assign indigent

Page 2, Line 33defense counsel in the same manner as required by section

Page 3, Line 113-10-114.5. A municipal court shall not deny a defendant the

Page 3, Line 2ability to appear before the municipal court because the

Page 3, Line 3defendant is in custody for another, non-municipal matter. For

Page 3, Line 4a hearing other than a trial or for the purpose of resolution by

Page 3, Line 5plea, the court may permit counsel to appear on behalf of the

Page 3, Line 6defendant pursuant to the Colorado municipal court rules and

Page 3, Line 7permit appearance through audiovisual or telephonic means, if

Page 3, Line 8available. This subsection (4) does not preclude a defendant

Page 3, Line 9from expressly agreeing to delay a matter once the defendant

Page 3, Line 10appears before the municipal court.".

Page 3, Line 11Page 11, line 3, strike "and shall notify the" and substitute "in the

Page 3, Line 12municipal case and shall notify the municipal".

Page 3, Line 13Page 11, line 9, after "defendant" insert "in the municipal case".

Page 3, Line 14Page 11, after line 13 insert:

Page 3, Line 15"(3.5)  At the time of a defendant's first out-of-custody

Page 3, Line 16appearance in municipal court for a violation for which the

Page 3, Line 17municipal code allows a possible sentence of incarceration, the

Page 3, Line 18court shall advise the defendant of the defendant's right to

Page 3, Line 19counsel. The court may inquire and make a determination as to

Page 3, Line 20indigence immediately upon request or shall advise the

Page 3, Line 21defendant of the procedure to apply for court-appointed

Page 3, Line 22indigent defense counsel. If the court determines the defendant

Page 3, Line 23is indigent, the court shall appoint indigent defense counsel in

Page 3, Line 24the municipal case unless, after being fully advised pursuant to

Page 3, Line 25rule 210 of the Colorado municipal court rules and section

Page 3, Line 2616-7-207, the defendant makes a knowing, intelligent, and

Page 3, Line 27voluntary waiver of the right to counsel. Nothing in this

Page 3, Line 28section prevents the court from making a determination of

Page 3, Line 29indigence in advance of an out-of-custody hearing or at the

Page 3, Line 30same hearing when the defendant requests appointment of

Page 3, Line 31counsel.".

Page 3, Line 32Page 17, line 1, strike "and shall notify the" and substitute "in the

Page 3, Line 33municipal case and shall notify the municipal".

Page 3, Line 34Page 17, after line 11 insert:

Page 3, Line 35"(3.5)  At the time of a defendant's first out-of-custody

Page 3, Line 36appearance in municipal court for a violation for which the

Page 3, Line 37municipal code allows a possible sentence of incarceration, the

Page 3, Line 38court shall advise the defendant of the defendant's right to

Page 4, Line 1counsel. The court may inquire and make a determination as to

Page 4, Line 2indigence immediately upon request or shall advise the

Page 4, Line 3defendant of the procedure to apply for court-appointed

Page 4, Line 4indigent defense counsel. If the court determines the defendant

Page 4, Line 5is indigent, the court shall appoint indigent defense counsel in

Page 4, Line 6the municipal case unless, after being fully advised pursuant to

Page 4, Line 7rule 210 of the Colorado municipal court rules and section

Page 4, Line 816-7-207, the defendant makes a knowing, intelligent, and

Page 4, Line 9voluntary waiver of the right to counsel. Nothing in this

Page 4, Line 10section prevents the court from making a determination of

Page 4, Line 11indigence in advance of an out-of-custody hearing or at the

Page 4, Line 12same hearing when the defendant requests appointment of

Page 4, Line 13counsel.".

Page 4, Line 14Page 19, line 12, after "as a" insert "maximum".