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. In Colorado Revised Statutes, 13-1-132, amend
Page 2, Line 3(3.5)(a)(III) and (4); and add (3.5)(a)(III.5), (3.5)(g.5), and (3.5)(h) as follows:
Page 2, Line 413-1-132. Use of interactive audiovisual devices and
Page 2, Line 5communication technology in court proceedings. (3.5) (a) All
Page 2, Line 6Colorado courts, including municipal courts, shall make any criminal
Page 2, Line 7court proceeding conducted in open court available for remote public
Page 2, Line 8viewing and listening in real time, at no cost to the public, through an
Page 2, Line 9online platform, which may include a participatory web conferencing
Page 2, Line 10platform, and post prominently on the court's website the links for remote observation, unless:
Page 2, Line 11(III) Technology
oror internetorPage 2, Line 12(III.5) Internet issues limit or prevent remote observation; or
Page 2, Line 13(g.5) The exceptions to remote observation described in
Page 3, Line 1subsection (3.5)(a) of this section are case specific and fact
Page 3, Line 2specific, so a court shall not adopt blanket rules prohibiting
Page 3, Line 3remote observation for any categories of cases or types of proceedings.
Page 3, Line 4(h) The exceptions described in subsections (3.5)(a)(I) and
Page 3, Line 5(3.5)(a)(III) of this section do not apply to court proceedings in which the defendant is in custody.
Page 3, Line 6(4) The requirements of this section supersede any
Page 3, Line 7statute, judicial guidance, or chief justice directive limiting
Page 3, Line 8remote public observation of criminal courts, including chief
Page 3, Line 9justice directive 23-02 adopted before the effective date of this
Page 3, Line 10House Bill 25-____. The supreme court may prescribe rules of
Page 3, Line 11procedure pursuant to section 13-2-109 to implement this section, but
Page 3, Line 12the rules must not narrow or conflict with the requirements of this section.
Page 3, Line 13SECTION 2. In Colorado Revised Statutes, amend 13-10-103 as follows:
Page 3, Line 1413-10-103. Applicability. This article 10 applies to and governs
Page 3, Line 15the operation of municipal courts in the cities and towns of this state.
Page 3, Line 16Except for the provisions relating to the method of salary payment for
Page 3, Line 17municipal judges; the incarceration of children pursuant to sections
Page 3, Line 1819-2.5-305 and 19-2.5-1511; the appearance of the parent, guardian, or
Page 3, Line 19lawful custodian of any child under eighteen years of age who is charged
Page 3, Line 20with a municipal offense as required by section 13-10-111; the right to a
Page 3, Line 21trial by jury for petty offenses pursuant to section 16-10-109; relief from
Page 3, Line 22improperly entered guilty pleas pursuant to section 18-1-410.6; the
Page 3, Line 23prosecution of an alleged act of domestic violence, as defined in section
Page 4, Line 118-6-800.3; making a criminal court proceeding conducted in open court
Page 4, Line 2available for remote public viewing and listening in real time; rules of
Page 4, Line 3procedure
promulgatedandPage 4, Line 4procedure; sentencing limitations in section 13-10-113; and the
Page 4, Line 5right to counsel for indigent defendants, this article 10 may be superseded by charter or ordinance enacted by a home rule city.
Page 4, Line 6SECTION 3. 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 4, Line 713-10-111.5. Notice to municipal courts of municipal holds.
Page 4, Line 8(2) Once a municipal court receives notice that
thePage 4, Line 9held solely on the basis of a municipal hold, the municipal court shall
Page 4, Line 10hold a hearing within forty-eight hours after the receipt of
such aPage 4, Line 11notice. The county sheriff shall make the in-custody defendant available
Page 4, Line 12to appear in a timely manner before a municipal judge for a hearing
Page 4, Line 13required by this subsection (2) at the date and time mutually agreed to by
Page 4, Line 14the county sheriff and municipal court. This subsection (2) must not be
Page 4, Line 15construed to require the county sheriff to transport the in-custody
Page 4, Line 16defendant to the municipal court. It is not a violation of this section if a
Page 4, Line 17bond hearing is not held within forty-eight hours when the delay is caused
Page 4, Line 18by circumstances in which the defendant refuses to attend court, is unable
Page 4, Line 19to attend court due to drug or alcohol use, a serious medical or behavioral
Page 4, Line 20health emergency, or when the delay is caused by an emergency that
Page 4, Line 21requires the court to close. When
thePage 4, Line 22court, the sheriff shall provide the court and municipal public
Page 4, Line 23defender's office, if one exists, with a list of people subject to this
Page 4, Line 24section who did not timely attend court, the date of the person's arrest,
Page 4, Line 25and the location where the person is in custody. The sheriff shall
Page 5, Line 1document the length of the delay, the reason for the delay, and the efforts
Page 5, Line 2to abate the emergency. As soon as the emergency has sufficiently abated,
Page 5, Line 3the sheriff shall make the in-custody defendant available to appear before
Page 5, Line 4the municipal court at the next scheduled bond hearing. Use of
Page 5, Line 5audiovisual conferencing technology is permissible to expedite the
Page 5, Line 6hearing. When high-speed internet access is unavailable, making
Page 5, Line 7audiovisual conferencing impossible, the court may conduct the hearing telephonically.
Page 5, Line 8(3) (a) At the hearing required
inPage 5, Line 9(I) Arraign the defendant, including advisement, bond
Page 5, Line 10setting, and plea, unless the defendant seeks a plea continuance;or
Page 5, Line 11 (c) (I) At the hearing required pursuant to subsection (2)
Page 5, Line 12of this section, the defendant has the right to be represented by
Page 5, Line 13court-appointed indigent defense counsel pursuant to section 13-10-114.5.
Page 5, Line 14(II) Before the hearing required pursuant to subsection (2)
Page 5, Line 15of this section, the court shall notify indigent defense counsel
Page 5, Line 16of each person in custody and provide indigent defense counsel
Page 5, Line 17sufficient time to prepare for and present an individualized
Page 5, Line 18argument regarding the type of bond and conditions of release
Page 5, Line 19at the hearing, consistent with the court's docket and scheduling priorities.
Page 5, Line 20(III) The municipal court shall notify the prosecuting
Page 5, Line 21attorney of each person whose matter is set for a hearing
Page 5, Line 22required pursuant to subsection (2) of this section. The
Page 6, Line 1prosecuting attorney may appear at all initial hearings to
Page 6, Line 2provide the prosecuting attorney's position regarding the type
Page 6, Line 3of bond and conditions of release, and the court shall provide
Page 6, Line 4the prosecuting attorney sufficient time to prepare for and
Page 6, Line 5present any relevant argument, consistent with the court's docket and scheduling priorities.
Page 6, Line 6(IV) Prior to the hearing required pursuant to subsection
Page 6, Line 7(2) of this section, any pretrial services agency operating in that
Page 6, Line 8municipality, or any other agency that reports to the court,
Page 6, Line 9that has conducted a pretrial release assessment or gathered
Page 6, Line 10information for the court's consideration at the hearing shall
Page 6, Line 11provide the prosecuting attorney and the defendant's attorney
Page 6, Line 12all information provided to the court regarding the defendant
Page 6, Line 13in custody, which must include, if provided to the court, the
Page 6, Line 14arrest warrant, the probable cause statement, and the defendant's criminal history.
Page 6, Line 15(V) Before the hearing required pursuant to subsection
Page 6, Line 16(2) of this section, the sheriff and jail personnel shall provide
Page 6, Line 17indigent defense counsel access to the defendant who will be
Page 6, Line 18appearing at the hearing and shall allow indigent defense
Page 6, Line 19counsel sufficient time with the defendant prior to the hearing in order to prepare for the hearing.
Page 6, Line 20SECTION 4. In Colorado Revised Statutes, 13-10-112, add (3) and (4) as follows:
Page 6, Line 2113-10-112. Powers and procedures. (3) Each municipal court
Page 6, Line 22shall ensure all court proceedings, including court proceedings
Page 6, Line 23for defendants in custody, are accessible to any member of the public for public observation.
Page 7, Line 1(4) If a municipal court receives notice that a defendant
Page 7, Line 2who has any criminal or traffic matter pending before the court
Page 7, Line 3is in custody in Colorado for any reason, the municipal court
Page 7, Line 4shall timely resolve the municipal matter, including ensuring
Page 7, Line 5the defendant promptly appears before the court and is assigned
Page 7, Line 6counsel if the defendant is eligible for court-appointed counsel.
Page 7, Line 7A municipal court shall not deny a defendant the ability to
Page 7, Line 8appear before the municipal court because the defendant is in
Page 7, Line 9custody for another matter. This subsection (4) does not
Page 7, Line 10preclude a defendant from expressly agreeing to delay a matter once they appear before the municipal court.
Page 7, Line 11SECTION 5. In Colorado Revised Statutes, 13-10-113, amend (1), (1.5), and (2) as follows:
Page 7, Line 1213-10-113. Fines and penalties. (1) (a)
Except as provided inPage 7, Line 13
subsection (1)(b) of this section, AnyPage 7, Line 14municipal ordinance in a municipal court of record may be incarcerated
Page 7, Line 15for a period not to exceed three hundred sixty-four days or fined,
anPage 7, Line 16
amount not to exceed two thousand six hundred fifty dollars,Page 7, Line 17subject to the limitations in subsections (1)(b) to (1)(d) of this section.
Page 7, Line 18(b)
(I) The limitation on municipal court fines set forth inPage 7, Line 19
paragraph (a) of this subsection (1) shall be adjusted for inflation onPage 7, Line 20
January 1, 2014, and on January 1 of each year thereafter.Page 7, Line 21court shall not impose a sentence of incarceration for a
Page 7, Line 22defendant convicted of a municipal ordinance in a municipal
Page 7, Line 23court of record for a period to exceed the maximum penalty
Page 8, Line 1allowed for any comparable misdemeanor, petty offense, civil
Page 8, Line 2infraction, traffic offense, or traffic infraction imposed
Page 8, Line 3pursuant to state law. For convictions based on a violation of
Page 8, Line 4a municipal ordinance for which there is no comparable
Page 8, Line 5misdemeanor, petty offense, civil infraction, traffic offense, or
Page 8, Line 6traffic infraction imposed pursuant to state law, the municipal
Page 8, Line 7court shall not impose a sentence of incarceration that exceeds
Page 8, Line 8the maximum sentence for a petty offense pursuant to state law.
Page 8, Line 9A municipality shall not require imposition of a mandatory
Page 8, Line 10minimum jail sentence unless the person is convicted of a
Page 8, Line 11municipal offense for which there is a comparable state offense
Page 8, Line 12or infraction that requires imposition of the same mandatory
Page 8, Line 13minimum jail sentence. A municipality shall not impose increased
Page 8, Line 14penalties based on a prior conviction unless the person is
Page 8, Line 15convicted of a municipal offense for which there is a comparable
Page 8, Line 16state offense or infraction that allows imposition of the same increased penalties based on a prior conviction.
Page 8, Line 17
(II) As used in this paragraph (b), "inflation" means the annualPage 8, Line 18
percentage change in the United States department of labor, bureau ofPage 8, Line 19
labor statistics, consumer price index for Denver-Boulder, all items, all urban consumers, or its successor index.Page 8, Line 20(c) A municipal court shall not impose a fine that exceeds
Page 8, Line 21the maximum fine for any comparable state offense or
Page 8, Line 22infraction under state law. For convictions based on a municipal
Page 8, Line 23ordinance for which there is no comparable state offense or
Page 8, Line 24infraction, the municipal court shall not impose a fine that
Page 8, Line 25exceeds the maximum fine for a petty offense pursuant to state law.
Page 9, Line 1(d) A municipal court shall not impose a maximum
Page 9, Line 2consecutive sentence of incarceration for municipal offenses
Page 9, Line 3charged in a single case that is more than twice the maximum sentence for the highest charge in the case.
Page 9, Line 4(1.5)
AnyPage 9, Line 5incarceration a person convicted of violating a municipal ordinance in
Page 9, Line 6a municipal court
whichmay be incarcerated for aPage 9, Line 7
period not to exceed ninety days or finednot to exceedor bothPage 9, Line 8(2) In sentencing or fining a violator, the municipal
judgePage 9, Line 9shall
not exceed the sentence or fine limitations established by ordinancePage 9, Line 10sentence the violator using the sentencing or fine limitations
Page 9, Line 11established by either municipal ordinance or state law, based on
Page 9, Line 12whichever limitation is lower. Any other provision of the law to the
Page 9, Line 13contrary notwithstanding, the municipal
judgePage 9, Line 14sentence or fine of
anyhimPage 9, Line 15SECTION 6. In Colorado Revised Statutes, amend as it exists until July 1, 2025, 13-10-114.5 as follows:
Page 9, Line 1613-10-114.5. Representation by counsel - independent indigent
Page 9, Line 17defense - definitions. (1)
At the time of first appearance on a municipalPage 9, Line 18
charge, if the defendant is in custody and the charged offense includes aPage 9, Line 19
possible sentence of incarceration, the court shall appoint counsel toPage 9, Line 20
represent the defendant for purposes of the initial appearance unless, afterPage 9, Line 21
a full advisement pursuant to C.M.C.R. 210 and section 16-7-207, C.R.S.,Page 9, Line 22
the defendant makes a knowing, intelligent, and voluntary waiver of hisPage 10, Line 1
or her right to counsel.Page 10, Line 2counsel for each indigent defendant charged with a municipal
Page 10, Line 3violation for which the municipal code allows a possible
Page 10, Line 4sentence of incarceration unless, after being fully advised
Page 10, Line 5pursuant to C.M.C.R. 210 and section 16-7-207, the defendant
Page 10, Line 6makes a knowing, intelligent, and voluntary waiver of the right to counsel.
Page 10, Line 7(2)
If the defendant remains in custody, the appointment ofPage 10, Line 8
counsel continues until the defendant is released from custody. If thePage 10, Line 9
defendant is released from custody, he or she may apply forPage 10, Line 10
court-appointed counsel, and the court shall appoint counsel if the courtPage 10, Line 11
determines that the defendant is indigent and the charged offense includesPage 10, Line 12
a possible sentence of incarceration.Page 10, Line 13defendant is presumed indigent and automatically entitled to
Page 10, Line 14representation by court-appointed counsel at and during every
Page 10, Line 15in-custody court appearance. A municipality that authorizes
Page 10, Line 16law enforcement to arrest an individual for an alleged
Page 10, Line 17municipal code violation shall ensure indigent defense counsel
Page 10, Line 18is present and available to represent an in-custody defendant
Page 10, Line 19at all court appearances and that court appearances occur
Page 10, Line 20within the time frames established in section 13-10-111.5 (2). For
Page 10, Line 21a court appearance at which the municipal court is required to
Page 10, Line 22set a personal recognizance bond, the right to indigent defense
Page 10, Line 23counsel at the hearing remains in place, as does the requirement
Page 10, Line 24that the court conduct proceedings before setting bond as required by section 13-10-111.5 (3).
Page 10, Line 25(3) If a defendant is in custody, cannot post bail or is not
Page 11, Line 1allowed to post bail, and has a municipal hold, indigent defense
Page 11, Line 2counsel for the holding municipality may automatically elect
Page 11, Line 3to represent the defendant and shall notify the court either
Page 11, Line 4verbally or in writing of the representation. If a municipal
Page 11, Line 5court receives notice, including from an incarcerated
Page 11, Line 6defendant, jail, or correctional facility, of a defendant in
Page 11, Line 7custody who cannot post bail or is not allowed to post bail, and
Page 11, Line 8has a municipal hold, the holding municipal court shall either
Page 11, Line 9appoint indigent defense counsel to represent the defendant
Page 11, Line 10while the defendant is in custody or notify the defendant's
Page 11, Line 11indigent defense counsel to allow indigent defense counsel the
Page 11, Line 12opportunity to automatically elect to represent the defendant while the defendant is in custody.
Page 11, Line 13
(3)Page 11, Line 14provide independent indigent defense for each indigent defendant charged
Page 11, Line 15with a municipal code violation for which there is a possible sentence of
Page 11, Line 16incarceration. Independent indigent defense requires, at minimum, that a
Page 11, Line 17nonpartisan entity independent of the municipal court and municipal officials oversee or evaluate indigent defense counsel.
Page 11, Line 18(b) (I) Because the office of alternate defense counsel created in
Page 11, Line 19section 21-2-101 is an independent system of indigent defense overseen
Page 11, Line 20by an independent commission, provision of indigent defense by lawyers
Page 11, Line 21evaluated or overseen by the office of alternate defense counsel satisfies
Page 11, Line 22the requirement described in
subsection (3)(a)Page 11, Line 23(II) Because a legal aid clinic at any Colorado law school
Page 11, Line 24accredited by the American bar association is an independent system of
Page 12, Line 1indigent defense overseen by the dean of the law school with which it is
Page 12, Line 2affiliated,
anyPage 12, Line 3aid clinic associated with any Colorado law school accredited by the
Page 12, Line 4American bar association satisfies the requirement described in
subsection (3)(a)Page 12, Line 5(c) To satisfy the requirement described in
subsection (3)(a)Page 12, Line 6subsection (4)(a) of this section, a municipality that contracts directly
Page 12, Line 7with one or more defense attorneys to provide counsel to indigent defendants shall ensure that:
Page 12, Line 8(I) The process to select indigent defense attorneys is transparent and based on merit; and
Page 12, Line 9(II) Each contracted indigent defense attorney is periodically
Page 12, Line 10evaluated by an independent entity for competency and independence.
Page 12, Line 11The municipality shall evaluate each newly hired defense attorney as soon
Page 12, Line 12as practicable but no later than one year after
he or shePage 12, Line 13attorney is hired. Otherwise, the municipality shall evaluate each
Page 12, Line 14defense attorney at least every three years. An independent entity that
Page 12, Line 15evaluates defense attorneys pursuant to this
subsection (3)(c)(II)Page 12, Line 16subsection (4)(c)(II) shall provide evaluation results and any
Page 12, Line 17recommendations for corrective action in writing to the municipality. For
Page 12, Line 18the purpose of this
subsection (3)Page 12, Line 19(A) The office of alternate defense counsel;
Page 12, Line 20(B) An attorney or a group of attorneys, each of whom has
Page 12, Line 21substantial experience practicing criminal defense in Colorado within the
Page 12, Line 22preceding five years, so long as the attorney or group of attorneys is not
Page 12, Line 23affiliated with the municipality receiving the services, including
anyPage 13, Line 1(C) A local or regional independent indigent defense commission, as described in
subsection (3)(d)Page 13, Line 2(d) (I) To satisfy the requirement described in
subsection (3)(a)Page 13, Line 3subsection (4)(a) of this section, a municipality may establish a local
Page 13, Line 4independent indigent defense commission or coordinate with one or more
Page 13, Line 5other municipalities to establish a regional independent indigent defense
Page 13, Line 6commission. Any local or regional independent indigent defense
Page 13, Line 7commission in existence as of January 1, 2018, is deemed to be in
Page 13, Line 8compliance with this
subsection (3)(d)Page 13, Line 9(II) Each local or regional independent indigent defense
Page 13, Line 10commission established pursuant to this subsection (4)(d) must
Page 13, Line 11include at least three members, each of whom is selected by the chief
Page 13, Line 12municipal judge in consultation with the Colorado criminal defense bar,
Page 13, Line 13the office of alternate defense counsel, or the office of the state public
Page 13, Line 14defender. Prior to serving on a commission, any commission member who
Page 13, Line 15is selected by a chief municipal judge must be approved by the office of
Page 13, Line 16alternate defense counsel. The office of alternate defense counsel shall
Page 13, Line 17approve such appointed commission members whom the office, in its
Page 13, Line 18discretion, deems likely to promote the provision of competent and independent indigent defense.
Page 13, Line 19(III) The terms and procedures for the members of a local or
Page 13, Line 20regional independent indigent defense commission
must bePage 13, Line 21pursuant to this subsection (4)(d) are determined by the municipality
Page 13, Line 22or municipalities that
establishPage 13, Line 23defense commission.
Page 14, Line 1(IV) A local or regional independent indigent defense commission
Page 14, Line 2established pursuant to this
subsection (3)(d)Page 14, Line 3responsibility and exclusive authority to appoint indigent defense counsel
Page 14, Line 4for a term of at least one year or more to be served until a successor is
Page 14, Line 5appointed. The independent indigent defense commission retains sole
Page 14, Line 6authority to supervise the indigent defense counsel and discharge
him or herPage 14, Line 7(V) A local or regional independent indigent defense commission
Page 14, Line 8established pursuant to this subsection (4)(d), through its ability to
Page 14, Line 9supervise, appoint, and discharge the indigent defense counsel pursuant
Page 14, Line 10to subsection (4)(d)(IV) of this section, shall ensure that indigent
Page 14, Line 11defendants accused of violations of municipal ordinances for which there
Page 14, Line 12is a possible sentence of incarceration are represented independently of
Page 14, Line 13any political considerations or private interests, that
suchPage 14, Line 14defendants receive legal services that are commensurate with those
Page 14, Line 15available to nonindigent defendants, and that municipal indigent defense
Page 14, Line 16attorneys provide representation in accordance with the Colorado rules of
Page 14, Line 17professional conduct and the American bar association standards relating to the administration of criminal justice.
Page 14, Line 18(VI) A local or regional independent indigent defense commission
Page 14, Line 19established pursuant to this subsection (4)(d) shall not interfere
Page 14, Line 20with the discretion, judgment, and zealous advocacy of indigent defense attorneys in specific cases.
Page 14, Line 21(VII) A local or regional independent indigent defense
Page 14, Line 22commission established pursuant to this subsection (4)(d) shall
Page 14, Line 23make recommendations to its municipality or municipalities regarding the
Page 14, Line 24provision of adequate monetary resources to provide legal services to indigent defendants accused of violations of such municipal ordinances.
Page 15, Line 1(VIII) The members of an independent indigent defense
Page 15, Line 2commission established pursuant to this subsection (4)(d) shall
Page 15, Line 3serve without compensation; except that a municipality that establishes
Page 15, Line 4a local independent indigent defense commission or that coordinates with
Page 15, Line 5one or more other municipalities to establish a regional independent
Page 15, Line 6indigent defense commission shall reimburse the members of the
Page 15, Line 7commission for actual and reasonable expenses incurred in the performance of their duties.
Page 15, Line 8(5) If a defendant remains in custody, the appointment of
Page 15, Line 9counsel continues until the defendant is released from custody.
Page 15, Line 10If a defendant is released from custody, the defendant may
Page 15, Line 11apply for court-appointed counsel, and the court shall appoint
Page 15, Line 12counsel if the court determines that the defendant is indigent
Page 15, Line 13and the charged offense includes a possible sentence of incarceration.
Page 15, Line 14SECTION 7. In Colorado Revised Statutes, amend as it will become effective July 1, 2025, 13-10-114.5 as follows:
Page 15, Line 1513-10-114.5. Representation by counsel - independent indigent
Page 15, Line 16defense - definitions. (1)
At the time of first appearance on a municipalPage 15, Line 17
charge, if the defendant is in custody and the charged offense includes aPage 15, Line 18
possible sentence of incarceration, the court shall appoint counsel toPage 15, Line 19
represent the defendant for purposes of the initial appearance unless, afterPage 15, Line 20
a full advisement pursuant to C.M.C.R. 210 and section 16-7-207, C.R.S.,Page 15, Line 21
the defendant makes a knowing, intelligent, and voluntary waiver of hisPage 15, Line 22
or her right to counsel.Page 15, Line 23counsel for each indigent defendant charged with a municipal
Page 16, Line 1violation for which the municipal code allows a possible
Page 16, Line 2sentence of incarceration unless, after being fully advised
Page 16, Line 3pursuant to C.M.C.R. 210 and section 16-7-207, the defendant
Page 16, Line 4makes a knowing, intelligent, and voluntary waiver of the right to counsel.
Page 16, Line 5(2)
If the defendant remains in custody, the appointment ofPage 16, Line 6
counsel continues until the defendant is released from custody. If thePage 16, Line 7
defendant is released from custody, he or she may apply forPage 16, Line 8
court-appointed counsel, and the court shall appoint counsel if the courtPage 16, Line 9
determines that the defendant is indigent and the charged offense includesPage 16, Line 10
a possible sentence of incarceration.Page 16, Line 11defendant is presumed indigent and automatically entitled to
Page 16, Line 12representation by court-appointed counsel at and during every
Page 16, Line 13in-custody court appearance. A municipality that authorizes
Page 16, Line 14law enforcement to arrest an individual for an alleged
Page 16, Line 15municipal code violation shall ensure indigent defense counsel
Page 16, Line 16is present and available to represent an in-custody defendant
Page 16, Line 17at all court appearances and that court appearances occur
Page 16, Line 18within the time frames established in section 13-10-111.5 (2). For
Page 16, Line 19a court appearance at which the municipal court is required to
Page 16, Line 20set a personal recognizance bond, the right to indigent defense
Page 16, Line 21counsel at the hearing remains in place, as does the requirement
Page 16, Line 22that the court conduct proceedings before setting bond as required by section 13-10-111.5 (3).
Page 16, Line 23(3) If a defendant is in custody, cannot post bail or is not
Page 16, Line 24allowed to post bail, and has a municipal hold, indigent defense
Page 16, Line 25counsel for the holding municipality may automatically elect
Page 17, Line 1to represent the defendant and shall notify the court either
Page 17, Line 2verbally or in writing of the representation. If a municipal
Page 17, Line 3court receives notice, including from an incarcerated
Page 17, Line 4defendant, jail, or correctional facility, of a defendant in
Page 17, Line 5custody who cannot post bail or is not allowed to post bail, and
Page 17, Line 6has a municipal hold, the holding municipal court shall either
Page 17, Line 7appoint indigent defense counsel to represent the defendant
Page 17, Line 8while the defendant is in custody or notify the defendant's
Page 17, Line 9indigent defense counsel to allow indigent defense counsel the
Page 17, Line 10opportunity to automatically elect to represent the defendant while the defendant is in custody.
Page 17, Line 11
(3)Page 17, Line 12provide independent indigent defense for each indigent defendant charged
Page 17, Line 13with a municipal code violation for which there is a possible sentence of
Page 17, Line 14incarceration. Independent indigent defense requires, at minimum, that a
Page 17, Line 15nonpartisan entity independent of the municipal court and municipal officials oversee or evaluate indigent defense counsel.
Page 17, Line 16(b) (I) Because the office of alternate defense counsel created in
Page 17, Line 17section 21-2-101 is an independent system of indigent defense overseen
Page 17, Line 18by an independent commission, provision of indigent defense by lawyers
Page 17, Line 19evaluated or overseen by the office of alternate defense counsel satisfies
Page 17, Line 20the requirement described in
subsection (3)(a)Page 17, Line 21(II) Because a legal aid clinic at any Colorado law school
Page 17, Line 22accredited by the American bar association is an independent system of
Page 17, Line 23indigent defense overseen by the dean of the law school with which it is
Page 17, Line 24affiliated,
anyPage 18, Line 1legal aid clinic associated with any Colorado law school accredited by the
Page 18, Line 2American bar association satisfies the requirement described in
subsection (3)(a)Page 18, Line 3(c) To satisfy the requirement described in
subsection (3)(a)Page 18, Line 4subsection (4)(a) of this section, a municipality that contracts directly
Page 18, Line 5with one or more defense attorneys to provide counsel to indigent defendants shall ensure that:
Page 18, Line 6(I) The process to select indigent defense attorneys is transparent and based on merit;
Page 18, Line 7(II) Each contracted indigent defense attorney is periodically
Page 18, Line 8evaluated by an independent entity for competency and independence.
Page 18, Line 9The municipality shall evaluate each newly hired defense attorney as soon
Page 18, Line 10as practicable but no later than one year after
he or shePage 18, Line 11attorney is hired. Otherwise, the municipality shall evaluate each
Page 18, Line 12defense attorney at least every three years. An independent entity that
Page 18, Line 13evaluates defense attorneys pursuant to this
subsection (3)(c)(II)Page 18, Line 14subsection (4)(c)(II) shall provide evaluation results and any
Page 18, Line 15recommendations for corrective action in writing to the municipality. For
Page 18, Line 16the purpose of this
subsection (3)Page 18, Line 17(A) The office of alternate defense counsel;
Page 18, Line 18(B) An attorney or a group of attorneys, each of whom has
Page 18, Line 19substantial experience practicing criminal defense in Colorado within the
Page 18, Line 20preceding five years, so long as the attorney or group of attorneys is not
Page 18, Line 21affiliated with the municipality receiving the services, including
anyPage 18, Line 22(C) A local or regional independent indigent defense commission, as described in
subsection (3)(d)Page 19, Line 1(III) (A) The contract does not use a fixed or flat-fee payment
Page 19, Line 2structure for indigent defense services but instead uses the same payment
Page 19, Line 3structure and rates that are paid by the state of Colorado to attorneys and
Page 19, Line 4other interdisciplinary team members under contract with the office of
Page 19, Line 5alternate defense counsel created in section 21-2-101 and that are
Page 19, Line 6consistent with chief justice directive 04-04, or any successor chief justice directive.
Page 19, 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 19, Line 8(C) For the purposes of this
subsection (3)(c)Page 19, Line 9"fixed or flat-fee payment structure" means a fee paid as a fixed amount
Page 19, Line 10for specified legal services, regardless of the time or effort involved, but does not include an amount paid as a salary or on a salary basis.
Page 19, Line 11(d) (I) To satisfy the requirement described in
subsection (3)(a)Page 19, Line 12subsection (4)(a) of this section, a municipality may establish a local
Page 19, Line 13independent indigent defense commission or coordinate with one or more
Page 19, Line 14other municipalities to establish a regional independent indigent defense
Page 19, Line 15commission.
AnyPage 19, Line 16commission in existence as of January 1, 2018, is deemed to be in
Page 19, Line 17compliance with this
subsection (3)(d)Page 19, Line 18(II) Each local or regional independent indigent defense
Page 19, Line 19commission established pursuant to this subsection (4)(d) must
Page 19, Line 20include at least three members, each of whom is selected by the chief
Page 19, Line 21municipal judge in consultation with the Colorado criminal defense bar,
Page 19, Line 22the office of alternate defense counsel, or the office of the state public
Page 20, Line 1defender. Prior to serving on a commission, any commission member who
Page 20, Line 2is selected by a chief municipal judge must be approved by the office of
Page 20, Line 3alternate defense counsel. The office of alternate defense counsel shall
Page 20, Line 4approve such appointed commission members whom the office, in its
Page 20, Line 5discretion, deems likely to promote the provision of competent and independent indigent defense.
Page 20, Line 6(III) The terms and procedures for the members of a local or
Page 20, Line 7regional independent indigent defense commission
must bePage 20, Line 8pursuant to this subsection (4)(d) are determined by the municipality
Page 20, Line 9or municipalities that
establishPage 20, Line 10(IV) A local or regional independent indigent defense commission
Page 20, Line 11established pursuant to this
subsection (3)(d)Page 20, Line 12responsibility and exclusive authority to appoint indigent defense counsel
Page 20, Line 13for a term of at least one year or more to be served until a successor is
Page 20, Line 14appointed. The independent indigent defense commission retains sole
Page 20, Line 15authority to supervise the indigent defense counsel and discharge
him or herPage 20, Line 16(V) A local or regional independent indigent defense commission
Page 20, Line 17established pursuant to this subsection (4)(d), through its ability to
Page 20, Line 18supervise, appoint, and discharge the indigent defense counsel pursuant
Page 20, Line 19to subsection (4)(d)(IV) of this section, shall ensure that indigent
Page 20, Line 20defendants accused of violations of municipal ordinances for which there
Page 20, Line 21is a possible sentence of incarceration are represented independently of
Page 20, Line 22any political considerations or private interests, that such indigent
Page 20, Line 23defendants receive legal services that are commensurate with those
Page 20, Line 24available to nonindigent defendants, and that municipal indigent defense
Page 21, Line 1attorneys provide representation in accordance with the Colorado rules of
Page 21, Line 2professional conduct and the American bar association standards relating to the administration of criminal justice.
Page 21, Line 3(VI) A local or regional independent indigent defense commission
Page 21, Line 4established pursuant to this subsection (4)(d) shall not interfere
Page 21, Line 5with the discretion, judgment, and zealous advocacy of indigent defense attorneys in specific cases.
Page 21, Line 6(VII) A local or regional independent indigent defense
Page 21, Line 7commission established pursuant to this subsection (4)(d) shall
Page 21, Line 8make recommendations to its municipality or municipalities regarding the
Page 21, Line 9provision of adequate monetary resources to provide legal services to
Page 21, Line 10indigent defendants accused of violations of such municipal ordinances.
Page 21, Line 11(VIII) The members of an independent indigent defense
Page 21, Line 12commission established pursuant to this subsection (4)(d) shall
Page 21, Line 13serve without compensation; except that a municipality that establishes
Page 21, Line 14a local independent indigent defense commission or that coordinates with
Page 21, Line 15one or more other municipalities to establish a regional independent
Page 21, Line 16indigent defense commission shall reimburse the members of the
Page 21, Line 17commission for actual and reasonable expenses incurred in the performance of their duties.
Page 21, Line 18(5) If a defendant remains in custody, the appointment of
Page 21, Line 19counsel continues until the defendant is released from custody.
Page 21, Line 20If a defendant is released from custody, the defendant may
Page 21, Line 21apply for court-appointed counsel, and the court shall appoint
Page 21, Line 22counsel if the court determines that the defendant is indigent
Page 21, Line 23and the charged offense includes a possible sentence of
Page 21, Line 24incarceration.
Page 22, Line 1SECTION 8. In Colorado Revised Statutes, 21-2-103, amend (5) as follows:
Page 22, Line 221-2-103. Representation of persons who are indigent -
Page 22, Line 3definition. (5) The office of alternate defense counsel may, but is not
Page 22, Line 4required to, evaluate the performance of attorneys providing indigent
Page 22, Line 5defense in municipal courts at the request of any municipality, as
Page 22, Line 6described in
section 13-10-114.5 (3)(c)(II)Page 22, Line 7(4)(c)(II). The office of alternate defense counsel shall not perform any
Page 22, Line 8such evaluations without sufficient funding for personnel to perform such evaluations.
Page 22, Line 9SECTION 9. In Colorado Revised Statutes, 21-2-108, amend (2) as follows:
Page 22, Line 1021-2-108. Conflict-free defense for indigent persons in
Page 22, Line 11municipal courts - fund created. (2) A municipality that wants to utilize
Page 22, Line 12the services of the office of alternate defense counsel to evaluate the
Page 22, Line 13provision of defense counsel to indigent defendants as described in
Page 22, Line 14
section 13-10-114.5 (3)(c)(II)(A)Page 22, 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 22, Line 16SECTION 10. Safety clause. The general assembly finds,
Page 22, Line 17determines, and declares that this act is necessary for the immediate
Page 22, Line 18preservation of the public peace, health, or safety or for appropriations for
Page 22, Line 19the support and maintenance of the departments of the state and state institutions.