A Bill for an Act
Page 1, Line 101Concerning requiring the department of corrections to
Page 1, Line 102search for information related to an offender's court
Page 1, Line 103appearances.
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 requires the department of corrections (department) to search all information available to the department to determine whether an offender held at a correctional facility is subject to an outstanding warrant or if the offender has a pending case in a Colorado court. The department is required to conduct the search when the offender is admitted to the department, when the department conducts the initial comprehensive evaluation of the offender's sentence, 6 months after the offender's admission to the department, once 3 to 6 months prior to the offender's community correction eligibility date, and upon request of a public defender liaison to the department.
If the department determines that an offender is subject to a warrant, the department shall notify the offender, a public defender liaison to the department, and the court that issued the warrant. The general assembly encourages a court to ensure the offender appears before the court, is assigned counsel if the defendant is eligible for court-appointed counsel, allows the offender to resolve the warrant in a timely manner, and facilitates virtual appearance for the offender.
The bill does not prohibit the department from searching for outstanding warrants at any other time. The bill requires the office of state public defender to designate an email address for the public defender liaisons to the department of corrections to receive notifications from the department.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add 17-33-104 as follows:
Page 2, Line 317-33-104. Warrant search prior to offender's release -
Page 2, Line 4notification to offender, public defender, and court - legislative intent
Page 2, Line 5- definitions. (1) As used in this section, unless the context otherwise requires:
Page 2, Line 6(a) "Community corrections eligibility date" means the
Page 2, Line 7date an offender is eligible to be placed in a community
Page 2, Line 8corrections program pursuant to section 18-1.3-301 (2)(b),
Page 2, Line 9regardless of whether state law or an administrative
Page 2, Line 10regulation or policy adopted by the department precludes placement in a community corrections program.
Page 2, Line 11(b) "Court" means a court in Colorado, including a municipal court.
Page 2, Line 12(c) "Offender" means an offender held in custody at a correctional facility.
Page 3, Line 1(d) "Public defender liaison to the department of
Page 3, Line 2corrections" means a public defender liaison to the department of corrections described in section 21-1-104 (6).
Page 3, Line 3(2) (a) Except as provided in subsection (2)(b) of this
Page 3, Line 4section, the department shall search all information available
Page 3, Line 5to the department to determine whether an offender is subject
Page 3, Line 6to an outstanding in-state warrant issued by a court or a
Page 3, Line 7warrant issued by a court outside of Colorado, or if the offender has a pending case in a Colorado court:
Page 3, Line 8(I) Upon the initial comprehensive evaluation of the
Page 3, Line 9offender's sentence by the department's time computation unit; and
Page 3, Line 10(II) No earlier than eight months but no later than three
Page 3, Line 11months prior to the offender's statutory community corrections
Page 3, Line 12eligibility date, regardless of whether policies and regulations
Page 3, Line 13would allow for actual screening for referral to community
Page 3, Line 14corrections; except this search is not required if the offender is
Page 3, Line 15within four months of the offender's statutory community
Page 3, Line 16corrections date when the search pursuant to subsection(2)(a)(I) of this sectionwas conducted.
Page 3, Line 17(b) The department shall establish guidelines and policies
Page 3, Line 18to comply with this section and which must also address
Page 3, Line 19requests for additional searches as may be needed by the public defender liaison to the department of corrections.
Page 3, Line 20(3) (a) If, following a search conducted pursuant to
Page 3, Line 21subsection (2) of this section, the department determines that an offender is subject to a warrant, the department shall notify:
Page 4, Line 1(I) The offender that they are subject to a warrant and
Page 4, Line 2provide the offender with all information made available to the
Page 4, Line 3department about the warrant that the department may release in accordance with applicable law;
Page 4, Line 4(II) The public defender liaison to the department of
Page 4, Line 5corrections, at an email address designated to receive the
Page 4, Line 6notification pursuant to section 21-1-104 (6)(b), that the
Page 4, Line 7offender is subject to the warrant and provide the public
Page 4, Line 8defender liaison to the department of corrections with all
Page 4, Line 9information that is made available to the department that the
Page 4, Line 10department may release in accordance with applicable law; and
Page 4, Line 11(III) The court that issued the warrant that the offender
Page 4, Line 12is in the custody of the department and the correctional facility in which the offender is in custody.
Page 4, Line 13(b) If, following a search conducted pursuant to
Page 4, Line 14subsection (2) of this section, the department determines that an
Page 4, Line 15offender has a pending case in a Colorado court, the department shall notify:
Page 4, Line 16(I) The offender that they have a pending case in a
Page 4, Line 17Colorado court and provide the offender with information
Page 4, Line 18about the court case, including the name and location of the court in which the case is pending and the case number;
Page 4, Line 19(II) The public defender liaison to the department of
Page 4, Line 20corrections, at an email address designated to receive the
Page 4, Line 21notification pursuant to section 21-1-104 (6)(b), about the
Page 5, Line 1pending case, including the offender's name and department of
Page 5, Line 2corrections number, the correctional facility where the
Page 5, Line 3offender is in custody, the offender's current community
Page 5, Line 4corrections eligibility date and parole eligibility date, the name
Page 5, Line 5and location of the court in which the case is pending, and the case number; and
Page 5, Line 6(III) The court in which the case is pending that the
Page 5, Line 7offender is in the custody of the department and the correctional facility in which the offender is in custody.
Page 5, Line 8(4) (a) The general assembly encourages a court that
Page 5, Line 9receives a notification about an offender's outstanding warrant
Page 5, Line 10or pending case pursuant to this section to ensure the offender
Page 5, Line 11appears before the court, is assigned counsel if the defendant is
Page 5, Line 12eligible for court-appointed counsel, and allows the offender
Page 5, Line 13to resolve the warrant in a timely manner that does not delay
Page 5, Line 14any departmental process that involves consideration of the offender's release to community corrections or parole.
Page 5, Line 15(b) Subject to applicable court rules and available
Page 5, Line 16resources, and to effectively use resources and avoid
Page 5, Line 17unnecessary transport of the offender from a correctional
Page 5, Line 18facility to the court, the general assembly encourages a court
Page 5, Line 19to use virtual appearances for an appearance described in this subsection (4).
Page 5, Line 20(c) Subject to available technological resources in the
Page 5, Line 21correctional facility in which the offender is in custody, the
Page 5, Line 22department shall facilitate an offender's virtual appearance at
Page 5, Line 23an appearance described in this subsection (4).
Page 6, Line 1(5) This section does not prohibit the department from
Page 6, Line 2searching for an offender's outstanding warrants at any other time.
Page 6, Line 3SECTION 2. In Colorado Revised Statutes, 21-1-104, amend (6) as follows:
Page 6, Line 421-1-104. Duties of public defender - report. (6) (a) The office
Page 6, Line 5of state public defender shall provide one or more public defender
Page 6, Line 6liaisons to the department of corrections and the state board of parole to
Page 6, Line 7assist inmates or inmate liaisons with legal matters related to detainers,
Page 6, Line 8bonds, holds, warrants, competency, special needs parole applications,
Page 6, Line 9and commutation applications. The office of state public defender, in
Page 6, Line 10consultation with the state board of parole and the department of
Page 6, Line 11corrections, shall develop any necessary policies and procedures for implementation of this subsection (6).
Page 6, Line 12(b) The office of state public defender shall designate an
Page 6, Line 13email address for the public defender liaisons to the department
Page 6, Line 14of corrections to receive notifications made pursuant to section
Page 6, Line 1517-33-104 from the department of corrections about offenders' outstanding warrants and pending Colorado court cases.
Page 6, Line 16SECTION 3. Act subject to petition - effective date. This act
Page 6, Line 17takes effect at 12:01 a.m. on the day following the expiration of the
Page 6, Line 18ninety-day period after final adjournment of the general assembly; except
Page 6, Line 19that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 6, Line 20of the state constitution against this act or an item, section, or part of this
Page 6, Line 21act within such period, then the act, item, section, or part will not take
Page 6, Line 22effect unless approved by the people at the general election to be held in
Page 7, Line 1November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.