House Bill 25-1147 Reengrossed

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.

• 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; and

• 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 the law, which is inconsistent with Colorado values and legal standards.

• Page 3, Line 13(2)  Therefore, the general assembly expressly declares that there

• Page 3, Line 14is 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 15SECTION 2.  In Colorado Revised Statutes, 13-1-132, amend

• Page 3, Line 16(3.5)(a)(III) and (4); and add (3.5)(a)(III.5), (3.5)(g.5), and (3.5)(h) as follows:

• Page 3, Line 1713-1-132.  Use of interactive audiovisual devices and

• Page 3, Line 18communication technology in court proceedings. (3.5) (a)  All

• Page 3, Line 19Colorado courts, including municipal courts, shall make any criminal

• Page 3, Line 20court proceeding conducted in open court available for remote public

• Page 4, Line 1viewing and listening in real time, at no cost to the public, through an

• Page 4, Line 2online platform, which may include a participatory web conferencing

• Page 4, Line 3platform, and post prominently on the court's website the links for remote observation, unless:

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

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

• Page 4, Line 6(g.5)  The exceptions to remote observation described in

• Page 4, Line 7subsection (3.5)(a) of this section are case specific and fact

• Page 4, Line 8specific, so a court shall not adopt blanket rules prohibiting

• Page 4, Line 9remote observation for any categories of cases or types of proceedings.

• Page 4, Line 10(h)  The exceptions described in subsections (3.5)(a)(I) and

• Page 4, Line 11(3.5)(a)(III) of this section do not apply to court proceedings in which the defendant is in custody.

• Page 4, Line 12(4)  The requirements of this section supersede any

• Page 4, Line 13statute, judicial guidance, or chief justice directive limiting

• Page 4, Line 14remote public observation of criminal courts, including chief

• Page 4, Line 15justice directive 23-02 adopted before the effective date of this

• Page 4, Line 16House Bill 25-____. The supreme court may prescribe rules of

• Page 4, Line 17procedure pursuant to section 13-2-109 to implement this section, but

• Page 4, Line 18the rules must not narrow or conflict with the requirements of this section.

• Page 4, Line 19SECTION 3.  In Colorado Revised Statutes, amend 13-10-103 as follows:

• Page 4, Line 2013-10-103.  Applicability. This article 10 applies to and governs

• Page 5, Line 1the operation of municipal courts in the cities and towns of this state.

• Page 5, Line 2Except for the provisions relating to the method of salary payment for

• Page 5, Line 3municipal judges; the incarceration of children pursuant to sections

• Page 5, Line 419-2.5-305 and 19-2.5-1511; the appearance of the parent, guardian, or

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

• Page 5, Line 6with a municipal offense as required by section 13-10-111; the right to a

• Page 5, Line 7trial by jury for petty offenses pursuant to section 16-10-109; relief from

• Page 5, Line 8improperly entered guilty pleas pursuant to section 18-1-410.6; the

• Page 5, Line 9prosecution of an alleged act of domestic violence, as defined in section

• Page 5, Line 1018-6-800.3; making a criminal court proceeding conducted in open court

• Page 5, Line 11available for remote public viewing and listening in real time; rules of

• Page 5, Line 12procedure promulgated adopted by the supreme court; and appellate

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

• Page 5, Line 14right to counsel for certain indigent defendants pursuant to

• Page 5, Line 15section 13-10-114.5, this article 10 may be superseded by charter or ordinance enacted by a home rule city.

• Page 5, Line 16SECTION 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 1713-10-111.5.  Notice to municipal courts of municipal holds.

• Page 5, Line 18(2)  Once a municipal court receives notice that the a defendant is being

• Page 5, Line 19held solely on the basis of a municipal hold, the municipal court shall

• Page 5, Line 20hold a hearing within forty-eight hours after the receipt of such a the

• Page 5, Line 21notice. The county sheriff or municipal jail administrator shall make

• Page 5, Line 22the in-custody defendant available to appear in a timely manner before a

• Page 5, Line 23municipal judge for a hearing required by this subsection (2) at the date

• Page 5, Line 24and time mutually agreed to by the county sheriff and municipal court.

• Page 5, Line 25This subsection (2) must not be construed to require the county sheriff or

• Page 6, Line 1municipal jail administrator to transport the in-custody defendant to

• Page 6, Line 2the municipal court. It is not a violation of this section if a bond hearing

• Page 6, Line 3is not held within forty-eight hours when the delay is caused by

• Page 6, Line 4circumstances in which the defendant refuses to attend court, is unable to

• Page 6, Line 5attend court due to drug or alcohol use, a serious medical or behavioral

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

• Page 6, Line 7requires the court to close. When the a defendant is unable to attend

• Page 6, Line 8court, the sheriff or municipal jail administrator shall provide the

• Page 6, Line 9court and municipal public defender's office, if one exists, with a

• Page 6, Line 10list of people subject to this section who did not timely attend court, the

• Page 6, Line 11date of the person's arrest, and the location where the person is in custody.

• Page 6, Line 12The sheriff or municipal jail administrator shall document the length

• Page 6, Line 13of the delay, the reason for the delay, and the efforts to abate the

• Page 6, Line 14emergency. As soon as the emergency has sufficiently abated, the sheriff

• Page 6, Line 15or municipal jail administrator shall make the in-custody defendant

• Page 6, Line 16available to appear before the municipal court at the next scheduled bond

• Page 6, Line 17hearing. Use of audiovisual conferencing technology is permissible to

• Page 6, Line 18expedite the hearing. When high-speed internet access is unavailable,

• Page 6, Line 19making audiovisual conferencing impossible, the court may conduct the hearing telephonically.

• Page 6, Line 20(3) (a)  At the hearing required in pursuant to subsection (2) of this section, the municipal court shall either:

• Page 6, Line 21(I)  Arraign the defendant, including advisement, bond

• Page 6, Line 22setting, and plea, unless the defendant seeks a plea continuance;or

• Page 6, Line 23 (c) (I)  At the hearing required pursuant to subsection (2)

• Page 6, Line 24of this section, the defendant has the right to be represented by

• Page 7, Line 1court-appointed indigent defense counsel pursuant to section 13-10-114.5.

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

• Page 7, Line 3of this section, the court shall notify indigent defense counsel

• Page 7, Line 4of each person in custody and provide indigent defense counsel

• Page 7, Line 5sufficient time to prepare for and present an individualized

• Page 7, Line 6argument regarding the type of bond and conditions of release

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

• Page 7, Line 8(III)  The municipal court shall notify the prosecuting

• Page 7, Line 9attorney of each person whose matter is set for a hearing

• Page 7, Line 10required pursuant to subsection (2) of this section. The

• Page 7, Line 11prosecuting attorney may appear at all initial hearings to

• Page 7, Line 12provide the prosecuting attorney's position regarding the type

• Page 7, Line 13of bond and conditions of release, and the court shall provide

• Page 7, Line 14the prosecuting attorney sufficient time to prepare for and

• Page 7, Line 15present any relevant argument, consistent with the court's docket and scheduling priorities.

• Page 7, Line 16(IV)  Prior to the hearing required pursuant to subsection

• Page 7, Line 17(2) of this section, any pretrial services agency operating in that

• Page 7, Line 18municipality, or any other agency that reports to the court,

• Page 7, Line 19that has conducted a pretrial release assessment or gathered

• Page 7, Line 20information for the court's consideration at the hearing shall

• Page 7, Line 21provide the prosecuting attorney and the defendant's attorney

• Page 7, Line 22all information provided to the court regarding the defendant

• Page 7, Line 23in custody, which must include, if provided to the court, the

• Page 7, Line 24arrest warrant, the probable cause statement, and the defendant's criminal history.

• Page 8, Line 1(V)  Before the hearing required pursuant to subsection

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

• Page 8, Line 3indigent defense counsel access to the defendant who will be

• Page 8, Line 4appearing at the hearing and shall allow indigent defense

• Page 8, Line 5counsel sufficient time with the defendant prior to the hearing in order to prepare for the hearing.

• Page 8, Line 6SECTION 5.  In Colorado Revised Statutes, 13-10-112, add (3) and (4) as follows:

• Page 8, Line 713-10-112.  Powers and procedures. (3)  Each municipal court

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

• Page 8, Line 9for defendants in custody, are accessible to any member of the public for public observation.

• Page 8, Line 10(4)  If a municipal court receives notice that a defendant

• Page 8, Line 11who has a criminal or traffic matter pending before the court is

• Page 8, Line 12in custody in Colorado for any reason, the municipal court

• Page 8, Line 13shall make diligent efforts to timely resolve the municipal

• Page 8, Line 14matter, including taking reasonable steps to promptly bring the

• Page 8, Line 15defendant before the court. The court shall assign indigent

• Page 8, Line 16defense counsel in the same manner as required by section

• Page 8, Line 1713-10-114.5. A municipal court shall not deny a defendant the

• Page 8, Line 18ability to appear before the municipal court because the

• Page 8, Line 19defendant is in custody for another, non-municipal matter. For

• Page 8, Line 20a hearing other than a trial or for the purpose of resolution by

• Page 8, Line 21plea, the court may permit counsel to appear on behalf of the

• Page 8, Line 22defendant pursuant to the Colorado municipal court rules and

• Page 8, Line 23permit appearance through audiovisual or telephonic means, if

• Page 9, Line 1available. This subsection (4) does not preclude a defendant

• Page 9, Line 2from expressly agreeing to delay a matter once the defendant appears before the municipal court.

• Page 9, Line 3SECTION 6.  In Colorado Revised Statutes, 13-10-113, amend (1), (1.5), and (2) as follows:

• Page 9, Line 413-10-113.  Fines and penalties. (1) (a)  Except as provided in

• Page 9, Line 5subsection (1)(b) of this section, Any A person convicted of violating a

• Page 9, Line 6municipal ordinance in a municipal court of record may be incarcerated

• Page 9, Line 7for a period not to exceed three hundred sixty-four days or fined, an

• Page 9, Line 8amount not to exceed two thousand six hundred fifty dollars, or both,

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

• Page 9, Line 10(b) (I)  The limitation on municipal court fines set forth in

• Page 9, Line 11paragraph (a) of this subsection (1) shall be adjusted for inflation on

• Page 9, Line 12January 1, 2014, and on January 1 of each year thereafter. A municipal

• Page 9, Line 13court shall not impose a sentence of incarceration for a

• Page 9, Line 14defendant convicted of a municipal ordinance in a municipal

• Page 9, Line 15court of record for a period to exceed the maximum penalty

• Page 9, Line 16allowed for any comparable misdemeanor, petty offense, civil

• Page 9, Line 17infraction, traffic offense, or traffic infraction imposed

• Page 9, Line 18pursuant to state law. For convictions based on a violation of

• Page 9, Line 19a municipal ordinance for which there is no comparable

• Page 9, Line 20misdemeanor, petty offense, civil infraction, traffic offense, or

• Page 9, Line 21traffic infraction imposed pursuant to state law, the municipal

• Page 9, Line 22court shall not impose a sentence of incarceration that exceeds

• Page 9, Line 23the maximum sentence for a petty offense pursuant to state law.

• Page 9, Line 24A municipality shall not require imposition of a mandatory

• Page 10, Line 1minimum jail sentence unless the person is convicted of a

• Page 10, Line 2municipal offense for which there is a comparable state offense

• Page 10, Line 3or infraction that requires imposition of the same mandatory

• Page 10, Line 4minimum jail sentence. A municipality shall not impose increased

• Page 10, Line 5penalties based on a prior conviction unless the person is

• Page 10, Line 6convicted of a municipal offense for which there is a comparable

• Page 10, Line 7state offense or infraction that allows imposition of the same increased penalties based on a prior conviction.

• Page 10, Line 8(II)  As used in this paragraph (b), "inflation" means the annual

• Page 10, Line 9percentage change in the United States department of labor, bureau of

• Page 10, Line 10labor statistics, consumer price index for Denver-Boulder, all items, all urban consumers, or its successor index.

• Page 10, Line 11(c)  A municipal court shall not impose a fine that exceeds

• Page 10, Line 12the maximum fine for any comparable state offense or

• Page 10, Line 13infraction under state law. For convictions based on a municipal

• Page 10, Line 14ordinance for which there is no comparable state offense or

• Page 10, Line 15infraction, the municipal court shall not impose a fine that

• Page 10, Line 16exceeds the maximum fine for a petty offense pursuant to state law.

• Page 10, Line 17(d)  A municipal court shall not impose a maximum

• Page 10, Line 18consecutive sentence of incarceration for municipal offenses

• Page 10, Line 19charged in a single case that is more than twice the maximum sentence for the highest charge in the case.

• Page 10, Line 20(1.5)  Any A municipal court shall not sentence to

• Page 10, Line 21incarceration a person convicted of violating a municipal ordinance in

• Page 10, Line 22a municipal court which that is not of record may be incarcerated for a

• Page 10, Line 23period 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 1(2)  In sentencing or fining a violator, the municipal judge court

• Page 11, Line 2shall not exceed the sentence or fine limitations established by ordinance

• Page 11, Line 3sentence the violator using the sentencing or fine limitations

• Page 11, Line 4established by either municipal ordinance or state law, based on

• Page 11, Line 5whichever limitation is lower. Any other provision of the law to the

• Page 11, Line 6contrary notwithstanding, the municipal judge court may suspend the

• Page 11, Line 7sentence or fine of any a violator and place him the violator on probation for a period not to exceed one year.

• Page 11, Line 8SECTION 7.  In Colorado Revised Statutes, amend as it exists until July 1, 2025, 13-10-114.5 as follows:

• Page 11, Line 913-10-114.5.  Representation by counsel - independent indigent

• Page 11, Line 10defense - definitions. (1)  At the time of first appearance on a municipal

• Page 11, Line 11charge, if the defendant is in custody and the charged offense includes a

• Page 11, Line 12possible sentence of incarceration, the court shall appoint counsel to

• Page 11, Line 13represent the defendant for purposes of the initial appearance unless, after

• Page 11, Line 14a full advisement pursuant to C.M.C.R. 210 and section 16-7-207, C.R.S.,

• Page 11, Line 15the defendant makes a knowing, intelligent, and voluntary waiver of his

• Page 11, Line 16or her right to counsel. A municipality shall provide defense

• Page 11, Line 17counsel for each indigent defendant charged with a municipal

• Page 11, Line 18violation for which the municipal code allows a possible

• Page 11, Line 19sentence of incarceration unless, after being fully advised

• Page 11, Line 20pursuant to C.M.C.R. 210 and section 16-7-207, the defendant

• Page 11, Line 21makes a knowing, intelligent, and voluntary waiver of the right to counsel.

• Page 11, Line 22(2)  If the defendant remains in custody, the appointment of

• Page 11, Line 23counsel continues until the defendant is released from custody. If the

• Page 12, Line 1defendant is released from custody, he or she may apply for

• Page 12, Line 2court-appointed counsel, and the court shall appoint counsel if the court

• Page 12, Line 3determines that the defendant is indigent and the charged offense includes

• Page 12, Line 4a possible sentence of incarceration. An in-custody municipal

• Page 12, Line 5defendant is presumed indigent and automatically entitled to

• Page 12, Line 6representation by court-appointed counsel at and during every

• Page 12, Line 7in-custody court appearance. A municipality that authorizes

• Page 12, Line 8law enforcement to arrest an individual for an alleged

• Page 12, Line 9municipal code violation shall ensure indigent defense counsel

• Page 12, Line 10is present and available to represent an in-custody defendant

• Page 12, Line 11at all court appearances and that court appearances occur

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

• Page 12, Line 13a court appearance at which the municipal court is required to

• Page 12, Line 14set a personal recognizance bond, the right to indigent defense

• Page 12, Line 15counsel at the hearing remains in place, as does the requirement

• Page 12, Line 16that the court conduct proceedings before setting bond as required by section 13-10-111.5 (3).

• Page 12, Line 17(3)  If a defendant is in custody, cannot post bail or is not

• Page 12, Line 18allowed to post bail, and has a municipal hold, indigent defense

• Page 12, Line 19counsel for the holding municipality may automatically elect

• Page 12, Line 20to represent the defendant in the municipal case and shall

• Page 12, Line 21notify the municipal court either verbally or in writing of the

• Page 12, Line 22representation. If a municipal court receives notice, including

• Page 12, Line 23from an incarcerated defendant, jail, or correctional facility,

• Page 12, Line 24of a defendant in custody who cannot post bail or is not

• Page 12, Line 25allowed to post bail, and has a municipal hold, the holding

• Page 12, Line 26municipal court shall either appoint indigent defense counsel to

• Page 13, Line 1represent the defendant in the municipal case while the

• Page 13, Line 2defendant is in custody or notify the defendant's indigent

• Page 13, Line 3defense counsel to allow indigent defense counsel the

• Page 13, Line 4opportunity to automatically elect to represent the defendant while the defendant is in custody.

• Page 13, Line 5(3.5)  At the time of a defendant's first out-of-custody

• Page 13, Line 6appearance in municipal court for a violation for which the

• Page 13, Line 7municipal code allows a possible sentence of incarceration, the

• Page 13, Line 8court shall advise the defendant of the defendant's right to

• Page 13, Line 9counsel. The court may inquire and make a determination as to

• Page 13, Line 10indigence immediately upon request or shall advise the

• Page 13, Line 11defendant of the procedure to apply for court-appointed

• Page 13, Line 12indigent defense counsel. If the court determines the defendant

• Page 13, Line 13is indigent, the court shall appoint indigent defense counsel in

• Page 13, Line 14the municipal case unless, after being fully advised pursuant to

• Page 13, Line 15rule 210 of the Colorado municipal court rules and section

• Page 13, Line 1616-7-207, the defendant makes a knowing, intelligent, and

• Page 13, Line 17voluntary waiver of the right to counsel. Nothing in this

• Page 13, Line 18section prevents the court from making a determination of

• Page 13, Line 19indigence in advance of an out-of-custody hearing or at the

• Page 13, Line 20same hearing when the defendant requests appointment of counsel.

• Page 13, Line 21(3)  (4) (a)  On and after January 1, 2020, each municipality shall

• Page 13, Line 22provide independent indigent defense for each indigent defendant charged

• Page 13, Line 23with a municipal code violation for which there is a possible sentence of

• Page 13, Line 24incarceration. Independent indigent defense requires, at minimum, that a

• Page 13, Line 25nonpartisan entity independent of the municipal court and municipal officials oversee or evaluate indigent defense counsel.

• Page 14, Line 1(b) (I)  Because the office of alternate defense counsel created in

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

• Page 14, Line 3by an independent commission, provision of indigent defense by lawyers

• Page 14, Line 4evaluated or overseen by the office of alternate defense counsel satisfies

• Page 14, Line 5the requirement described in subsection (3)(a) subsection (4)(a) of this section.

• Page 14, Line 6(II)  Because a legal aid clinic at any Colorado law school

• Page 14, Line 7accredited by the American bar association is an independent system of

• Page 14, Line 8indigent defense overseen by the dean of the law school with which it is

• Page 14, Line 9affiliated, any a provision or oversight of indigent defense through a legal

• Page 14, Line 10aid clinic associated with any Colorado law school accredited by the

• Page 14, Line 11American bar association satisfies the requirement described in subsection (3)(a) subsection (4)(a) of this section.

• Page 14, Line 12(c)  To satisfy the requirement described in subsection (3)(a)

• Page 14, Line 13subsection (4)(a) of this section, a municipality that contracts directly

• Page 14, Line 14with one or more defense attorneys to provide counsel to indigent defendants shall ensure that:

• Page 14, Line 15(I)  The process to select indigent defense attorneys is transparent and based on merit; and

• Page 14, Line 16(II)  Each contracted indigent defense attorney is periodically

• Page 14, Line 17evaluated by an independent entity for competency and independence.

• Page 14, Line 18The municipality shall evaluate each newly hired defense attorney as soon

• Page 14, Line 19as practicable but no later than one year after he or she the defense

• Page 14, Line 20attorney is hired. Otherwise, the municipality shall evaluate each

• Page 14, Line 21defense attorney at least every three years. An independent entity that

• Page 14, Line 22evaluates defense attorneys pursuant to this subsection (3)(c)(II)

• Page 15, Line 1subsection (4)(c)(II) shall provide evaluation results and any

• Page 15, Line 2recommendations for corrective action in writing to the municipality. For

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

• Page 15, Line 4(A)  The office of alternate defense counsel;

• Page 15, Line 5(B)  An attorney or a group of attorneys, each of whom has

• Page 15, Line 6substantial experience practicing criminal defense in Colorado within the

• Page 15, Line 7preceding five years, so long as the attorney or group of attorneys is not

• Page 15, Line 8affiliated with the municipality receiving the services, including any a municipal judge, prosecutor, or indigent defense attorney; or

• Page 15, Line 9(C)  A local or regional independent indigent defense commission, as described in subsection (3)(d) subsection (4)(d) of this section.

• Page 15, Line 10(d) (I)  To satisfy the requirement described in subsection (3)(a)

• Page 15, Line 11subsection (4)(a) of this section, a municipality may establish a local

• Page 15, Line 12independent indigent defense commission or coordinate with one or more

• Page 15, Line 13other municipalities to establish a regional independent indigent defense

• Page 15, Line 14commission. Any local or regional independent indigent defense

• Page 15, Line 15commission in existence as of January 1, 2018, is deemed to be in

• Page 15, Line 16compliance with this subsection (3)(d) subsection (4)(d) and may continue as established.

• Page 15, Line 17(II)  Each local or regional independent indigent defense

• Page 15, Line 18commission established pursuant to this subsection (4)(d) must

• Page 15, Line 19include at least three members, each of whom is selected by the chief

• Page 15, Line 20municipal judge in consultation with the Colorado criminal defense bar,

• Page 15, Line 21the office of alternate defense counsel, or the office of the state public

• Page 15, Line 22defender. Prior to serving on a commission, any commission member who

• Page 15, Line 23is selected by a chief municipal judge must be approved by the office of

• Page 16, Line 1alternate defense counsel. The office of alternate defense counsel shall

• Page 16, Line 2approve such appointed commission members whom the office, in its

• Page 16, Line 3discretion, deems likely to promote the provision of competent and independent indigent defense.

• Page 16, Line 4(III)  The terms and procedures for the members of a local or

• Page 16, Line 5regional independent indigent defense commission must be established

• Page 16, Line 6pursuant to this subsection (4)(d) are determined by the municipality

• Page 16, Line 7or municipalities that establish established the independent indigent defense commission.

• Page 16, Line 8(IV)  A local or regional independent indigent defense commission

• Page 16, Line 9established pursuant to this subsection (3)(d) subsection (4)(d) has the

• Page 16, Line 10responsibility and exclusive authority to appoint indigent defense counsel

• Page 16, Line 11for a term of at least one year or more to be served until a successor is

• Page 16, Line 12appointed. The independent indigent defense commission retains sole

• Page 16, Line 13authority to supervise the indigent defense counsel and discharge him or her them for cause.

• Page 16, Line 14(V)  A local or regional independent indigent defense commission

• Page 16, Line 15established pursuant to this subsection (4)(d), through its ability to

• Page 16, Line 16supervise, appoint, and discharge the indigent defense counsel pursuant

• Page 16, Line 17to subsection (4)(d)(IV) of this section, shall ensure that indigent

• Page 16, Line 18defendants accused of violations of municipal ordinances for which there

• Page 16, Line 19is a possible sentence of incarceration are represented independently of

• Page 16, Line 20any political considerations or private interests, that such the indigent

• Page 16, Line 21defendants receive legal services that are commensurate with those

• Page 16, Line 22available to nonindigent defendants, and that municipal indigent defense

• Page 16, Line 23attorneys provide representation in accordance with the Colorado rules of

• Page 16, Line 24professional conduct and the American bar association standards relating to the administration of criminal justice.

• Page 17, Line 1(VI)  A local or regional independent indigent defense commission

• Page 17, Line 2established pursuant to this subsection (4)(d) shall not interfere

• Page 17, Line 3with the discretion, judgment, and zealous advocacy of indigent defense attorneys in specific cases.

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

• Page 17, Line 5commission established pursuant to this subsection (4)(d) shall

• Page 17, Line 6make recommendations to its municipality or municipalities regarding the

• Page 17, Line 7provision of adequate monetary resources to provide legal services to indigent defendants accused of violations of such municipal ordinances.

• Page 17, Line 8(VIII)  The members of an independent indigent defense

• Page 17, Line 9commission established pursuant to this subsection (4)(d) shall

• Page 17, Line 10serve without compensation; except that a municipality that establishes

• Page 17, Line 11a local independent indigent defense commission or that coordinates with

• Page 17, Line 12one or more other municipalities to establish a regional independent

• Page 17, Line 13indigent defense commission shall reimburse the members of the

• Page 17, Line 14commission for actual and reasonable expenses incurred in the performance of their duties.

• Page 17, Line 15(5)  If a defendant remains in custody, the appointment of

• Page 17, Line 16counsel continues until the defendant is released from custody.

• Page 17, Line 17If a defendant is released from custody, the defendant may

• Page 17, Line 18apply for court-appointed counsel, and the court shall appoint

• Page 17, Line 19counsel if the court determines that the defendant is indigent

• Page 17, Line 20and the charged offense includes a possible sentence of incarceration.

• Page 17, Line 21SECTION 8.  In Colorado Revised Statutes, amend as it will

• Page 17, Line 22become effective July 1, 2025, 13-10-114.5 as follows:

• Page 18, Line 113-10-114.5.  Representation by counsel - independent indigent

• Page 18, Line 2defense - definitions. (1)  At the time of first appearance on a municipal

• Page 18, Line 3charge, if the defendant is in custody and the charged offense includes a

• Page 18, Line 4possible sentence of incarceration, the court shall appoint counsel to

• Page 18, Line 5represent the defendant for purposes of the initial appearance unless, after

• Page 18, Line 6a full advisement pursuant to C.M.C.R. 210 and section 16-7-207, C.R.S.,

• Page 18, Line 7the defendant makes a knowing, intelligent, and voluntary waiver of his

• Page 18, Line 8or her right to counsel. A municipality shall provide defense

• Page 18, Line 9counsel for each indigent defendant charged with a municipal

• Page 18, Line 10violation for which the municipal code allows a possible

• Page 18, Line 11sentence of incarceration unless, after being fully advised

• Page 18, Line 12pursuant to C.M.C.R. 210 and section 16-7-207, the defendant

• Page 18, Line 13makes a knowing, intelligent, and voluntary waiver of the right to counsel.

• Page 18, Line 14(2)  If the defendant remains in custody, the appointment of

• Page 18, Line 15counsel continues until the defendant is released from custody. If the

• Page 18, Line 16defendant is released from custody, he or she may apply for

• Page 18, Line 17court-appointed counsel, and the court shall appoint counsel if the court

• Page 18, Line 18determines that the defendant is indigent and the charged offense includes

• Page 18, Line 19a possible sentence of incarceration. An in-custody municipal

• Page 18, Line 20defendant is presumed indigent and automatically entitled to

• Page 18, Line 21representation by court-appointed counsel at and during every

• Page 18, Line 22in-custody court appearance. A municipality that authorizes

• Page 18, Line 23law enforcement to arrest an individual for an alleged

• Page 18, Line 24municipal code violation shall ensure indigent defense counsel

• Page 18, Line 25is present and available to represent an in-custody defendant

• Page 18, Line 26at all court appearances and that court appearances occur

• Page 19, Line 1within the time frames established in section 13-10-111.5 (2). For

• Page 19, Line 2a court appearance at which the municipal court is required to

• Page 19, Line 3set a personal recognizance bond, the right to indigent defense

• Page 19, Line 4counsel at the hearing remains in place, as does the requirement

• Page 19, Line 5that the court conduct proceedings before setting bond as required by section 13-10-111.5 (3).

• Page 19, Line 6(3)  If a defendant is in custody, cannot post bail or is not

• Page 19, Line 7allowed to post bail, and has a municipal hold, indigent defense

• Page 19, Line 8counsel for the holding municipality may automatically elect

• Page 19, Line 9to represent the defendant in the municipal case and shall

• Page 19, Line 10notify the municipal court either verbally or in writing of the

• Page 19, Line 11representation. If a municipal court receives notice, including

• Page 19, Line 12from an incarcerated defendant, jail, or correctional facility,

• Page 19, Line 13of a defendant in custody who cannot post bail or is not

• Page 19, Line 14allowed to post bail, and has a municipal hold, the holding

• Page 19, Line 15municipal court shall either appoint indigent defense counsel to

• Page 19, Line 16represent the defendant while the defendant is in custody or

• Page 19, Line 17notify the defendant's indigent defense counsel to allow

• Page 19, Line 18indigent defense counsel the opportunity to automatically

• Page 19, Line 19elect to represent the defendant while the defendant is in custody.

• Page 19, Line 20(3.5)  At the time of a defendant's first out-of-custody

• Page 19, Line 21appearance in municipal court for a violation for which the

• Page 19, Line 22municipal code allows a possible sentence of incarceration, the

• Page 19, Line 23court shall advise the defendant of the defendant's right to

• Page 19, Line 24counsel. The court may inquire and make a determination as to

• Page 19, Line 25indigence immediately upon request or shall advise the

• Page 20, Line 1defendant of the procedure to apply for court-appointed

• Page 20, Line 2indigent defense counsel. If the court determines the defendant

• Page 20, Line 3is indigent, the court shall appoint indigent defense counsel in

• Page 20, Line 4the municipal case unless, after being fully advised pursuant to

• Page 20, Line 5rule 210 of the Colorado municipal court rules and section

• Page 20, Line 616-7-207, the defendant makes a knowing, intelligent, and

• Page 20, Line 7voluntary waiver of the right to counsel. Nothing in this

• Page 20, Line 8section prevents the court from making a determination of

• Page 20, Line 9indigence in advance of an out-of-custody hearing or at the

• Page 20, Line 10same hearing when the defendant requests appointment of counsel.

• Page 20, Line 11(3)  (4) (a)  On and after January 1, 2020, each municipality shall

• Page 20, Line 12provide independent indigent defense for each indigent defendant charged

• Page 20, Line 13with a municipal code violation for which there is a possible sentence of

• Page 20, Line 14incarceration. Independent indigent defense requires, at minimum, that a

• Page 20, Line 15nonpartisan entity independent of the municipal court and municipal officials oversee or evaluate indigent defense counsel.

• Page 20, Line 16(b) (I)  Because the office of alternate defense counsel created in

• Page 20, Line 17section 21-2-101 is an independent system of indigent defense overseen

• Page 20, Line 18by an independent commission, provision of indigent defense by lawyers

• Page 20, Line 19evaluated or overseen by the office of alternate defense counsel satisfies

• Page 20, Line 20the requirement described in subsection (3)(a) subsection (4)(a) of this section.

• Page 20, Line 21(II)  Because a legal aid clinic at any Colorado law school

• Page 20, Line 22accredited by the American bar association is an independent system of

• Page 20, Line 23indigent defense overseen by the dean of the law school with which it is

• Page 20, Line 24affiliated, any the provision or oversight of indigent defense through a

• Page 21, Line 1legal aid clinic associated with any Colorado law school accredited by the

• Page 21, Line 2American bar association satisfies the requirement described in subsection (3)(a) subsection (4)(a) of this section.

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

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

• Page 21, Line 5with one or more defense attorneys to provide counsel to indigent defendants shall ensure that:

• Page 21, Line 6(I)  The process to select indigent defense attorneys is transparent and based on merit;

• Page 21, Line 7(II)  Each contracted indigent defense attorney is periodically

• Page 21, Line 8evaluated by an independent entity for competency and independence.

• Page 21, Line 9The municipality shall evaluate each newly hired defense attorney as soon

• Page 21, Line 10as practicable but no later than one year after he or she the defense

• Page 21, Line 11attorney is hired. Otherwise, the municipality shall evaluate each

• Page 21, Line 12defense attorney at least every three years. An independent entity that

• Page 21, Line 13evaluates defense attorneys pursuant to this subsection (3)(c)(II)

• Page 21, Line 14subsection (4)(c)(II) shall provide evaluation results and any

• Page 21, Line 15recommendations for corrective action in writing to the municipality. For

• Page 21, Line 16the purpose of this subsection (3) subsection (4), "independent entity" means:

• Page 21, Line 17(A)  The office of alternate defense counsel;

• Page 21, Line 18(B)  An attorney or a group of attorneys, each of whom has

• Page 21, Line 19substantial experience practicing criminal defense in Colorado within the

• Page 21, Line 20preceding five years, so long as the attorney or group of attorneys is not

• Page 21, Line 21affiliated with the municipality receiving the services, including any a municipal judge, prosecutor, or indigent defense attorney; or

• Page 21, Line 22(C)  A local or regional independent indigent defense commission, as described in subsection (3)(d) subsection (4)(d) of this section.

• Page 22, Line 1(III) (A)  The contract does not use a fixed or flat-fee payment

• Page 22, Line 2structure for indigent defense services but instead uses the same payment

• Page 22, Line 3structure and rates that are paid by the state of Colorado to attorneys and

• Page 22, Line 4other interdisciplinary team members under contract with the office of

• Page 22, Line 5alternate defense counsel created in section 21-2-101 and that are

• Page 22, Line 6consistent with chief justice directive 04-04, or any successor chief justice directive.

• Page 22, Line 7(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 8(C)  For the purposes of this subsection (3)(c) subsection (4)(c),

• Page 22, Line 9"fixed or flat-fee payment structure" means a fee paid as a maximum

• Page 22, Line 10fixed amount for specified legal services, regardless of the time or effort

• Page 22, Line 11involved, but does not include an amount paid as a salary or on a salary basis.

• Page 22, Line 12(d) (I)  To satisfy the requirement described in subsection (3)(a)

• Page 22, Line 13subsection (4)(a) of this section, a municipality may establish a local

• Page 22, Line 14independent indigent defense commission or coordinate with one or more

• Page 22, Line 15other municipalities to establish a regional independent indigent defense

• Page 22, Line 16commission. Any A local or regional independent indigent defense

• Page 22, Line 17commission in existence as of January 1, 2018, is deemed to be in

• Page 22, Line 18compliance with this subsection (3)(d) subsection (4)(d) and may continue as established.

• Page 22, Line 19(II)  Each local or regional independent indigent defense

• Page 22, Line 20commission established pursuant to this subsection (4)(d) must

• Page 22, Line 21include at least three members, each of whom is selected by the chief

• Page 22, Line 22municipal judge in consultation with the Colorado criminal defense bar,

• Page 23, Line 1the office of alternate defense counsel, or the office of the state public

• Page 23, Line 2defender. Prior to serving on a commission, any commission member who

• Page 23, Line 3is selected by a chief municipal judge must be approved by the office of

• Page 23, Line 4alternate defense counsel. The office of alternate defense counsel shall

• Page 23, Line 5approve such appointed commission members whom the office, in its

• Page 23, Line 6discretion, deems likely to promote the provision of competent and independent indigent defense.

• Page 23, Line 7(III)  The terms and procedures for the members of a local or

• Page 23, Line 8regional independent indigent defense commission must be established

• Page 23, Line 9pursuant to this subsection (4)(d) are determined by the municipality

• Page 23, Line 10or municipalities that establish established the independent indigent defense commission.

• Page 23, Line 11(IV)  A local or regional independent indigent defense commission

• Page 23, Line 12established pursuant to this subsection (3)(d) subsection (4)(d) has the

• Page 23, Line 13responsibility and exclusive authority to appoint indigent defense counsel

• Page 23, Line 14for a term of at least one year or more to be served until a successor is

• Page 23, Line 15appointed. The independent indigent defense commission retains sole

• Page 23, Line 16authority to supervise the indigent defense counsel and discharge him or her them for cause.

• Page 23, Line 17(V)  A local or regional independent indigent defense commission

• Page 23, Line 18established pursuant to this subsection (4)(d), through its ability to

• Page 23, Line 19supervise, appoint, and discharge the indigent defense counsel pursuant

• Page 23, Line 20to subsection (4)(d)(IV) of this section, shall ensure that indigent

• Page 23, Line 21defendants accused of violations of municipal ordinances for which there

• Page 23, Line 22is a possible sentence of incarceration are represented independently of

• Page 23, Line 23any political considerations or private interests, that such indigent

• Page 23, Line 24defendants receive legal services that are commensurate with those

• Page 24, Line 1available to nonindigent defendants, and that municipal indigent defense

• Page 24, Line 2attorneys provide representation in accordance with the Colorado rules of

• Page 24, Line 3professional conduct and the American bar association standards relating to the administration of criminal justice.

• Page 24, Line 4(VI)  A local or regional independent indigent defense commission

• Page 24, Line 5established pursuant to this subsection (4)(d) shall not interfere

• Page 24, Line 6with the discretion, judgment, and zealous advocacy of indigent defense attorneys in specific cases.

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

• Page 24, Line 8commission established pursuant to this subsection (4)(d) shall

• Page 24, Line 9make recommendations to its municipality or municipalities regarding the

• Page 24, Line 10provision of adequate monetary resources to provide legal services to

• Page 24, Line 11indigent defendants accused of violations of such municipal ordinances.

• Page 24, Line 12(VIII)  The members of an independent indigent defense

• Page 24, Line 13commission established pursuant to this subsection (4)(d) shall

• Page 24, Line 14serve without compensation; except that a municipality that establishes

• Page 24, Line 15a local independent indigent defense commission or that coordinates with

• Page 24, Line 16one or more other municipalities to establish a regional independent

• Page 24, Line 17indigent defense commission shall reimburse the members of the

• Page 24, Line 18commission for actual and reasonable expenses incurred in the performance of their duties.

• Page 24, Line 19(5)  If a defendant remains in custody, the appointment of

• Page 24, Line 20counsel continues until the defendant is released from custody.

• Page 24, Line 21If a defendant is released from custody, the defendant may

• Page 24, Line 22apply for court-appointed counsel, and the court shall appoint

• Page 24, Line 23counsel if the court determines that the defendant is indigent

• Page 24, Line 24and the charged offense includes a possible sentence of incarceration.

• Page 25, Line 1SECTION 9.  In Colorado Revised Statutes, 21-2-103, amend (5) as follows:

• Page 25, Line 221-2-103.  Representation of persons who are indigent -

• Page 25, Line 3definition. (5)  The office of alternate defense counsel may, but is not

• Page 25, Line 4required to, evaluate the performance of attorneys providing indigent

• Page 25, Line 5defense in municipal courts at the request of any municipality, as

• Page 25, Line 6described in section 13-10-114.5 (3)(c)(II) section 13-10-114.5

• Page 25, Line 7(4)(c)(II). The office of alternate defense counsel shall not perform any

• Page 25, Line 8such evaluations without sufficient funding for personnel to perform such evaluations.

• Page 25, Line 9SECTION 10.  In Colorado Revised Statutes, 21-2-108, amend (2) as follows:

• Page 25, Line 1021-2-108.  Conflict-free defense for indigent persons in

• Page 25, Line 11municipal courts - fund created. (2)  A municipality that wants to utilize

• Page 25, Line 12the services of the office of alternate defense counsel to evaluate the

• Page 25, Line 13provision of defense counsel to indigent defendants as described in

• Page 25, Line 14section 13-10-114.5 (3)(c)(II)(A) section 13-10-114.5 (4)(c)(II)(A)

• Page 25, Line 15during the next calendar year shall request such services on or before September 1, 2018, and on or before September 1 each year thereafter.

• Page 25, Line 16SECTION 11.  Safety clause. The general assembly finds,

• Page 25, Line 17determines, and declares that this act is necessary for the immediate

• Page 25, Line 18preservation of the public peace, health, or safety or for appropriations for

• Page 25, Line 19the support and maintenance of the departments of the state and state institutions.