A Bill for an Act
Page 1, Line 101Concerning communication rights for persons in custody.
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/.)
Legislative Oversight Committee Concerning Colorado Jail Standards. Current law allows a person who is committed, imprisoned, or arrested (person in custody) the right to communicate with an attorney or family member by making a reasonable number of telephone calls or through any other reasonable manner. The bill adds the right for a person in custody to receive a reasonable number of telephone calls or other reasonable communications and to communicate through interactive audiovisual conferencing, if available.
Current law allows a person in custody the right to consult with an attorney. The bill clarifies that the person in custody has the right to make and receive private and unrecorded legal telephone calls without cost, and, alternatively, to communicate through private unrecorded interactive audiovisual conferencing.
Current law requires all peace officers or individuals who have a person in custody to allow the person in custody to see and consult with an attorney, alone and in private, at the location the person in custody is being held. The bill expands this requirement to allow the attorney for the person in custody to call and consult with the person in custody by telephone through a private and unrecorded legal telephone call without cost or by making and receiving private and unrecorded interactive audiovisual conferencing calls without cost.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 16-3-402, amend (1),
Page 2, Line 3(2), and (3) as follows:
Page 2, Line 416-3-402. Right to communicate with attorney and family.
Page 2, Line 5(1)
Persons who are arrested shall havePage 2, Line 6the right to communicate with an attorney of
theirPage 2, Line 7and a member of
theirPage 2, Line 8number of telephone calls or by communicating in any other reasonable
Page 2, Line 9manner.
SuchshallPage 2, Line 10possible time after arrival at the police station, sheriff's office, jail, or
Page 2, Line 11other like confinement facility to which
suchPage 2, Line 12after arrest.
Page 2, Line 13(2) If the accused person is transferred to a new place of custody,
Page 2, Line 14
hisPage 2, Line 15member of
hisPage 2, Line 16(3) (a) Consistent with
the provisions ofC.R.S.,Page 2, Line 17if
anyhisPage 3, Line 1with an attorney, or the court determines that an inquiry into the matter of
Page 3, Line 2indigency should occur,
theshall bePage 3, Line 3communicate with that person in person or through telephone calls
Page 3, Line 4and, if available, interactive audiovisual conferencing or any
Page 3, Line 5other reasonable and available method to determine whether
thatPage 3, Line 6the person in custody has counsel,
and, ifPage 3, Line 7custody desires
thatPage 3, Line 8public defender's agent,
represent him,Page 3, Line 9determination as to whether the person in custody is indigent. If the
Page 3, Line 10public defender determines that the person in custody is indigent,
suchPage 3, Line 11the person in custody shall apply for representation by the public
Page 3, Line 12defender in accordance with section 21-1-103.
C.R.S.Page 3, Line 13(b) The public defender, upon
hisPage 3, Line 14reasonable law enforcement administrative procedures,
shall bePage 3, Line 15permitted to determine whether or not
anyPage 3, Line 16taken without unnecessary delay before the nearest available county or
Page 3, Line 17district judge.
Page 3, Line 18SECTION 2. In Colorado Revised Statutes, amend 16-3-403 as
Page 3, Line 19follows:
Page 3, Line 2016-3-403. Right to consult with attorney.
AnyPage 3, Line 21committed, imprisoned, or arrested for any cause, whether or not
suchPage 3, Line 22the person is charged with an offense,
shall bePage 3, Line 23person, alone, and privately at the place of custody, and by
Page 3, Line 24making and receiving private unrecorded legal telephone calls
Page 3, Line 25without cost, or, alternatively, by making and receiving private
Page 3, Line 26unrecorded interactive audiovisual conferencing calls without
Page 3, Line 27cost, with an attorney-at-law of this state whom
suchPage 4, Line 1to see or consult alone and in private at the place of custody, by making
Page 4, Line 2and receiving private and unrecorded legal telephone calls
Page 4, Line 3without cost, or, alternatively, by communicating through
Page 4, Line 4private and unrecorded interactive audiovisual conferencing,
Page 4, Line 5as many times and for such period each time as is reasonable. Except
Page 4, Line 6where extradition proceedings have been completed or are not required
Page 4, Line 7by law, when
any suchPage 4, Line 8the limits of this state, the person
to be moved shall bePage 4, Line 9entitled to a reasonable delay for the purpose of obtaining counsel and
ofPage 4, Line 10
availing himself ofPage 4, Line 11of personal liberty.
Page 4, Line 12SECTION 3. In Colorado Revised Statutes, 16-3-404, amend (2);
Page 4, Line 13and add (1.5) as follows:
Page 4, Line 1416-3-404. Duty of officers to admit attorney and allow
Page 4, Line 15attorney communications. (1.5) All peace officers or persons
Page 4, Line 16having in custody a person who is committed, imprisoned, or
Page 4, Line 17arrested for any alleged cause shall allow any
Page 4, Line 18attorney-at-law in this state who is the attorney for the person
Page 4, Line 19in custody to call by telephone and speak with or consult with
Page 4, Line 20the person who is in custody, through a private and unrecorded
Page 4, Line 21call, while the person who is in custody is at the jail or other
Page 4, Line 22place of custody, or, alternatively, to communicate through
Page 4, Line 23interactive audiovisual conferencing if the person in custody
Page 4, Line 24expressly consents to receive the call or consult with the
Page 4, Line 25attorney.
Page 4, Line 26(2)
AnyviolatingPage 4, Line 27
dutythis sectionPage 5, Line 1section or section 16-3-403 shall forfeit and pay not less than one
Page 5, Line 2hundred dollars nor more than one thousand dollars to the person
Page 5, Line 3committed, imprisoned, or arrested or to
hisPage 5, Line 4for the benefit of the person committed, imprisoned, or arrested, to
Page 5, Line 5be recovered in any court of competent jurisdiction.
Page 5, Line 6SECTION 4. Act subject to petition - effective date. This act
Page 5, Line 7takes effect at 12:01 a.m. on the day following the expiration of the
Page 5, Line 8ninety-day period after final adjournment of the general assembly; except
Page 5, Line 9that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 5, Line 10of the state constitution against this act or an item, section, or part of this
Page 5, Line 11act within such period, then the act, item, section, or part will not take
Page 5, Line 12effect unless approved by the people at the general election to be held in
Page 5, Line 13November 2026 and, in such case, will take effect on the date of the
Page 5, Line 14official declaration of the vote thereon by the governor.