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 offender being admitted to the department;
Page 3, Line 9(II) Upon the initial comprehensive evaluation of the offender's sentence by the department's time computation unit;
Page 3, Line 10(III) Six months after the offender's admission to the department;
Page 3, Line 11(IV) No earlier than six months and no later than three
Page 3, Line 12months prior to the offender's community correction eligibility
Page 3, Line 13date, unless the offender is within six months of eligibility upon admission to the department; and
Page 3, Line 14(V) Upon request of a public defender liaison to the department of corrections.
Page 3, Line 15(b) The department is not required to conduct a search
Page 3, Line 16for information as required in subsection (2)(a)(III) or (2)(a)(IV)
Page 3, Line 17of this section if the department has conducted a search
Page 3, Line 18pursuant to another provision of subsection (2)(a) of this section
Page 3, Line 19within ninety day prior to the search required in subsection
Page 3, Line 20(2)(a)(III) or (2)(a)(IV) of this section.
Page 4, Line 1(3) (a) If, following a search conducted pursuant to
Page 4, Line 2subsection (2) of this section, the department determines that an offender is subject to a warrant, the department shall notify:
Page 4, Line 3(I) The offender that they are subject to a warrant and
Page 4, Line 4provide the offender with all the information available to the
Page 4, Line 5department about the warrant, including the charges in the
Page 4, Line 6warrant, the court that issued the warrant and its location,
Page 4, Line 7the date the warrant was issued, the warrant number, and any case numbers associated with the warrant;
Page 4, Line 8(II) The public defender liaison to the department of
Page 4, Line 9corrections, at an email address designated to receive the
Page 4, Line 10notification pursuant to section 21-1-104 (6)(b), of the offender's
Page 4, Line 11name and department of corrections number; the correctional
Page 4, Line 12facility where the offender is in custody; the offender's current
Page 4, Line 13community corrections eligibility date and parole eligibility
Page 4, Line 14date; and all the information available to the department
Page 4, Line 15about the warrant, including the charges in the warrant, the
Page 4, Line 16court that issued the warrant and its location, the date the
Page 4, Line 17warrant was issued, the warrant number, and any case numbers associated with the warrant; and
Page 4, Line 18(III) The court that issued the warrant that the offender
Page 4, Line 19is in the custody of the department and the correctional facility in which the offender is in custody.
Page 4, Line 20(b) If, following a search conducted pursuant to
Page 4, Line 21subsection (2) of this section, the department determines that an
Page 4, Line 22offender has a pending case in a Colorado court, the department
Page 4, Line 23shall notify:
Page 5, Line 1(I) The offender that they have a pending case in a
Page 5, Line 2Colorado court and provide the offender with information
Page 5, Line 3about the court case, including the name and location of the court in which the case is pending and the case number;
Page 5, Line 4(II) The public defender liaison to the department of
Page 5, Line 5corrections, at an email address designated to receive the
Page 5, Line 6notification pursuant to section 21-1-104 (6)(b), about the
Page 5, Line 7pending case, including the offender's name and department of
Page 5, Line 8corrections number, the correctional facility where the
Page 5, Line 9offender is in custody, the offender's current community
Page 5, Line 10corrections eligibility date and parole eligibility date, the name
Page 5, Line 11and location of the court in which the case is pending, and the case number; and
Page 5, Line 12(III) The court in which the case is pending that the
Page 5, Line 13offender is in the custody of the department and the correctional facility in which the offender is in custody.
Page 5, Line 14(4) (a) The general assembly encourages a court that
Page 5, Line 15receives a notification about an offender's outstanding warrant
Page 5, Line 16or pending case pursuant to this section to ensure the offender
Page 5, Line 17appears before the court, is assigned counsel if the defendant is
Page 5, Line 18eligible for court-appointed counsel, and allows the offender
Page 5, Line 19to resolve the warrant in a timely manner that does not delay
Page 5, Line 20any departmental process that involves consideration of the offender's release to community corrections or parole.
Page 5, Line 21(b) Subject to applicable court rules and available
Page 5, Line 22resources, and to effectively use resources and avoid
Page 5, Line 23unnecessary transport of the offender from a correctional
Page 6, Line 1facility to the court, the general assembly encourages a court
Page 6, Line 2to use virtual appearances for an appearance described in this subsection (4).
Page 6, Line 3(c) Subject to available technological resources in the
Page 6, Line 4correctional facility in which the offender is in custody, the
Page 6, Line 5department shall facilitate an offender's virtual appearance at an appearance described in this subsection (4).
Page 6, Line 6(5) This section does not prohibit the department from
Page 6, Line 7searching for an offender's outstanding warrants at any other time.
Page 6, Line 8SECTION 2. In Colorado Revised Statutes, 21-1-104, amend (6) as follows:
Page 6, Line 921-1-104. Duties of public defender - report. (6) (a) The office
Page 6, Line 10of state public defender shall provide one or more public defender
Page 6, Line 11liaisons to the department of corrections and the state board of parole to
Page 6, Line 12assist inmates or inmate liaisons with legal matters related to detainers,
Page 6, Line 13bonds, holds, warrants, competency, special needs parole applications,
Page 6, Line 14and commutation applications. The office of state public defender, in
Page 6, Line 15consultation with the state board of parole and the department of
Page 6, Line 16corrections, shall develop any necessary policies and procedures for implementation of this subsection (6).
Page 6, Line 17(b) The office of state public defender shall designate an
Page 6, Line 18email address for the public defender liaisons to the department
Page 6, Line 19of corrections to receive notifications made pursuant to section
Page 6, Line 2017-33-104 from the department of corrections about offenders' outstanding warrants and pending Colorado court cases.
Page 6, Line 21SECTION 3. Act subject to petition - effective date. This act
Page 7, Line 1takes effect at 12:01 a.m. on the day following the expiration of the
Page 7, Line 2ninety-day period after final adjournment of the general assembly; except
Page 7, Line 3that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 7, Line 4of the state constitution against this act or an item, section, or part of this
Page 7, Line 5act within such period, then the act, item, section, or part will not take
Page 7, Line 6effect unless approved by the people at the general election to be held in
Page 7, Line 7November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.