House Committee of Reference Report
Committee on Judiciary
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February 26, 2025
After consideration on the merits, the Committee recommends the following:
HB25-1147 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Page 1, Line 1Amend printed bill, page 2, after line 1 insert:
Page 1, Line 2"SECTION 1. Legislative declaration. (1) The general
Page 1, Line 3assembly finds and declares that:
Page 1, Line 4(a) Fair and consistent criminal sentencing, access to counsel for
Page 1, Line 5indigent people accused of crimes, and transparency of court proceedings
Page 1, Line 6across Colorado are matters of statewide concern;
Page 1, Line 7(b) Disparities in criminal sentencing reduce the fairness,
Page 1, Line 8rationality, and equity of Colorado's criminal justice system;
Page 1, Line 9(c) In 2020, Governor Jared Polis, in his Biennial Topics Letter,
Page 1, Line 10directed the Colorado Commission on Criminal and Juvenile Justice to
Page 1, Line 11propose comprehensive reform to Colorado's sentencing laws, explaining:
Page 1, Line 12"Our sentencing scheme should be rational, just, and consistent so that the
Page 1, Line 13punishment fits the conduct";
Page 1, Line 14(d) In this letter, Governor Polis listed as "values" to guide
Page 1, Line 15sentencing reform: "Ensuring fair and consistent treatment" and
Page 1, Line 16"Eliminating unjustified disparities in sentencing";
Page 1, Line 17(e) Following Governor Polis' directive, the Colorado
Page 1, Line 18Commission on Criminal and Juvenile Justice recommended passage of
Page 1, Line 19Senate Bill 21-271, which standardized and rationalized sentencing for
Page 1, Line 20misdemeanors in state court. The bill was silent with regard to application
Page 1, Line 21to municipal courts;
Page 1, Line 22(f) Senate Bill 21-271 passed with bipartisan, law enforcement,
Page 1, Line 23and criminal justice reformer support;
Page 1, Line 24(g) Since the passage of Senate Bill 21-271, some municipal
Page 1, Line 25courts have exercised their authority to sentence defendants to jail for up
Page 1, Line 26to 364 days for crimes related to poverty, which are capped at a 10-day
Page 1, Line 27jail sentence in state court under Senate Bill 21-271;
Page 1, Line 28(h) The sentencing disparities between municipal and state courts
Page 2, Line 1is a matter of statewide concern, requiring action to align sentences to
Page 2, Line 2avoid irrational, unjust, and excessive punishments that are out of step
Page 2, Line 3with Colorado values and legal standards; and
Page 2, Line 4(i) The sentencing disparities between municipal and state courts
Page 2, Line 5creates a 2-tiered system of justice that ensures unequal treatment under
Page 2, Line 6the law, which is inconsistent with Colorado values and legal standards.
Page 2, Line 7(2) Therefore, the general assembly expressly declares that there
Page 2, Line 8is a need to end sentencing disparities between state and municipal courts
Page 2, Line 9in order to ensure equal treatment under the law for all Coloradans.".
Page 2, Line 10Renumber succeeding sections accordingly.
Page 2, Line 11Page 2, line 13, strike "Technology or staffing" and substitute
Page 2, Line 12"Technology or Staffing".
Page 2, Line 13Page 2, line 15, strike "Internet" and substitute "Temporary or
Page 2, Line 14intermittent internet or technology".
Page 2, Line 15Page 4, line 5, strike "indigent defendants," and substitute "certain
Page 2, Line 16indigent defendants pursuant to section 13-10-114.5,".
Page 2, Line 17Page 4, line 13, after "sheriff" insert "or municipal jail
Page 2, Line 18administrator".
Page 2, Line 19Page 4, line 17, after "sheriff" insert "or municipal jail
Page 2, Line 20administrator".
Page 2, Line 21Page 4, line 24, after "sheriff" insert "or municipal jail
Page 2, Line 22administrator".
Page 2, Line 23Page 4, line 27, after "sheriff" insert "or municipal jail
Page 2, Line 24administrator".
Page 2, Line 25Page 5, line 3, after "sheriff" insert "or municipal jail administrator".
Page 2, Line 26Page 7, strike lines 2 through 12 and substitute:
Page 2, Line 27"(4) If a municipal court receives notice that a defendant
Page 2, Line 28who has a criminal or traffic matter pending before the court is
Page 2, Line 29in custody in Colorado for any reason, the municipal court
Page 2, Line 30shall make diligent efforts to timely resolve the municipal
Page 2, Line 31matter, including taking reasonable steps to promptly bring the
Page 2, Line 32defendant before the court. The court shall assign indigent
Page 2, Line 33defense counsel in the same manner as required by section
Page 3, Line 113-10-114.5. A municipal court shall not deny a defendant the
Page 3, Line 2ability to appear before the municipal court because the
Page 3, Line 3defendant is in custody for another, non-municipal matter. For
Page 3, Line 4a hearing other than a trial or for the purpose of resolution by
Page 3, Line 5plea, the court may permit counsel to appear on behalf of the
Page 3, Line 6defendant pursuant to the Colorado municipal court rules and
Page 3, Line 7permit appearance through audiovisual or telephonic means, if
Page 3, Line 8available. This subsection (4) does not preclude a defendant
Page 3, Line 9from expressly agreeing to delay a matter once the defendant
Page 3, Line 10appears before the municipal court.".
Page 3, Line 11Page 11, line 3, strike "and shall notify the" and substitute "in the
Page 3, Line 12municipal case and shall notify the municipal".
Page 3, Line 13Page 11, line 9, after "defendant" insert "in the municipal case".
Page 3, Line 14Page 11, after line 13 insert:
Page 3, Line 15"(3.5) At the time of a defendant's first out-of-custody
Page 3, Line 16appearance in municipal court for a violation for which the
Page 3, Line 17municipal code allows a possible sentence of incarceration, the
Page 3, Line 18court shall advise the defendant of the defendant's right to
Page 3, Line 19counsel. The court may inquire and make a determination as to
Page 3, Line 20indigence immediately upon request or shall advise the
Page 3, Line 21defendant of the procedure to apply for court-appointed
Page 3, Line 22indigent defense counsel. If the court determines the defendant
Page 3, Line 23is indigent, the court shall appoint indigent defense counsel in
Page 3, Line 24the municipal case unless, after being fully advised pursuant to
Page 3, Line 25rule 210 of the Colorado municipal court rules and section
Page 3, Line 2616-7-207, the defendant makes a knowing, intelligent, and
Page 3, Line 27voluntary waiver of the right to counsel. Nothing in this
Page 3, Line 28section prevents the court from making a determination of
Page 3, Line 29indigence in advance of an out-of-custody hearing or at the
Page 3, Line 30same hearing when the defendant requests appointment of
Page 3, Line 31counsel.".
Page 3, Line 32Page 17, line 1, strike "and shall notify the" and substitute "in the
Page 3, Line 33municipal case and shall notify the municipal".
Page 3, Line 34Page 17, after line 11 insert:
Page 3, Line 35"(3.5) At the time of a defendant's first out-of-custody
Page 3, Line 36appearance in municipal court for a violation for which the
Page 3, Line 37municipal code allows a possible sentence of incarceration, the
Page 3, Line 38court shall advise the defendant of the defendant's right to
Page 4, Line 1counsel. The court may inquire and make a determination as to
Page 4, Line 2indigence immediately upon request or shall advise the
Page 4, Line 3defendant of the procedure to apply for court-appointed
Page 4, Line 4indigent defense counsel. If the court determines the defendant
Page 4, Line 5is indigent, the court shall appoint indigent defense counsel in
Page 4, Line 6the municipal case unless, after being fully advised pursuant to
Page 4, Line 7rule 210 of the Colorado municipal court rules and section
Page 4, Line 816-7-207, the defendant makes a knowing, intelligent, and
Page 4, Line 9voluntary waiver of the right to counsel. Nothing in this
Page 4, Line 10section prevents the court from making a determination of
Page 4, Line 11indigence in advance of an out-of-custody hearing or at the
Page 4, Line 12same hearing when the defendant requests appointment of
Page 4, Line 13counsel.".
Page 4, Line 14Page 19, line 12, after "as a" insert "maximum".