CRIMINAL JUSTICE REFORM

Currently, our criminal justice system creates barriers for Coloradans, making it more difficult for folks who serve their time to get back on their feet and move forward. This year, we passed criminal justice reform measures that will help folks rebuild their lives so they can be productive, self-sufficient members of society while creating a more just system that will prevent crime before it happens and help reduce recidivism across the board. 

Expand Court Reminder Program | SB22-018

Lee & Cooke / Benavidez & Soper

We should not be filling our jail cells with folks who simply miss their court date, but that is too often the case here in Colorado. Currently, a defendant or juvenile participant can enroll in a program run by the State Court Administrator to receive text message reminders for court appearances. This bill requires each court participating in the court reminder program to automatically enroll every defendant and juvenile participant in the program. The program must provide at least 3 reminders (including 1 the day before the court appearance), and include a link if the appearance is virtual. The program must also collect data on the number of individuals who opt out, why they opted out, and then make recommendations on how to increase participation. This bill is a commonsense step that will not only make it easier for people to remember their court dates, but also reduce needless incarceration while saving taxpayers money.

Sealing Criminal Records | SB22-099

Hisey & Rodriguez / Tipper

Criminal records can be an obstacle for folks in search of jobs or housing, further punishing Coloradans after they have served their time while also harming the state’s workforce. Currently, there is a process that allows for automatic sealing of criminal justice records for certain drug offenses. The bill extends this automatic sealing to all of the offenses, including civil infractions, that allow the defendant to petition the court for sealing criminal justice records that are not subject to the Victims Rights Act. The bill streamlines the automatic record sealing process. The bill also requires a consumer reporting agency to exclude sealed and expunged records from a consumer report, unless the user of the report demonstrates that the user is otherwise required to consider the information pursuant to law. Automatically sealing criminal records will help Coloradans who have paid their debt to society access the jobs and housing they need to rebuild their lives while strengthening our workforce as we work to rebuild our economy and move Colorado forward.

Remedy For Improper Guilty Pleas | SB22-103

Gonzales / Tipper

This bill allows noncitizen defendants who have pled guilty to certain misdemeanors or municipal offenses to move to vacate the guilty plea if the defendant has or may suffer an adverse immigration consequence and was not advised of this potential immigration consequence and/or waived their right to counsel because they didn't understand an attorney could advise them on potential immigration consequences. 

Health Needs Of Persons In Criminal Justice System | SB22-196

Gonzales & Lee / Bacon & Benavidez

Criminalizing people with behavioral health needs is the most expensive and least effective way to provide mental health care services to the folks who need it most. This bill invests $50.7 million in the Early Intervention, Deflection, and Redirection from the Criminal Justice System Grant Program to help communities prevent people with mental health conditions and substance use disorders from becoming involved with the criminal justice system. It can also be used to redirect individuals with behavioral health needs away from the criminal justice system and into appropriate treatment. The bill includes $6.5 million in investments to support the continuity of care and treatment for individuals in the criminal justice system with opioid use disorders and mental health disorders, as well as $4 million to the Judicial Department to support pretrial diversion programs designed to keep individuals with behavioral health conditions out of jail. 

Clarifying Changes To Ensure Prompt Bond Hearings | HB22-1067

Lee & Rodriguez / Gonzales-Gutierrez & Woodrow

Under current law, when a defendant is detained in jail on a municipal hold, the defendant must receive a hearing before the municipal court within 2 calendar days, excluding Sundays and federal holidays. Beginning January 1, 2023, the bill requires the hearing to be held within 48 hours after the defendant arrives at the jail.

Reduce Justice-involvement For Young Children | HB22-1131

Coram & Gonzales / Gonzales-Gutierrez & Bacon

This bill creates a Pre-Adolescent Services Task Force in Colorado’s Department of Human Services (CDHS) to look into what services are provided to 10-12 year olds in the JJS or victims of crimes committed by 10-12 year olds, but would no longer be available if the minimum age of prosecution is raised. The Task Force must make recommendations for how to fill those gaps, including how those services would be funded.