SB 21-062

  • Colorado Senate Bill
  • 2021 Regular Session
  • Introduced in Senate Feb 16, 2021
  • Senate
  • House
  • Governor

Jail Population Management Tools

Abstract

The bill gives a peace officer the authority to issue a summons and complaint for any offense committed in the officer's presence, or if not committed in the officer's presence, for any offense that the officer has probable cause to believe was committed and probable cause to believe was committed by the person charged, unless arrest is statutorily required or the offense is a crime of violence. The bill prohibits a peace officer from arresting a person based solely on the alleged commission of a traffic offense; petty offense; municipal offense; misdemeanor offense; a class 4, 5, or 6 felony; or a level 3 or 4 drug felony unless: A custodial arrest is statutorily required; The officer is unable to sufficiently verify the individual's identity absent a custodial arrest; The person was convicted for a violation of section 42-4-1301, Colorado Revised Statutes, in the previous 12 months; or The offense is a felony or a victims' rights crime, the offense includes an element of illegal possession or use of firearm, the offense constitutes unlawful sexual behavior, or the offense is a violation a temporary or regular extreme risk protection order, a violation of a credible threat to a school, or a violation of eluding in a vehicle and: The arresting officer records in the arrest documents a reasonable suspicion to conclude the person poses a threat to the safety of another, absent custodial arrest; or The arresting officer records in the arrest documents a reasonable suspicion to conclude the person has indicated a clear unwillingness to cease and desist in criminal behavior, absent custodial arrest. The bill prohibits a court from issuing a monetary bond for a misdemeanor offense; municipal offense; class 4, 5, or 6 felony; or level 3 or 4 drug felony unless the court finds the defendant will flee prosecution or threaten the safety of another and no other condition of release can reasonably mitigate the risk. The bill requires the court to issue a personal recognizance bond when the defendant fails to appear unless the defendant has failed to appear 3 or more times in the case. The bill requires the court to issue a personal recognizance bond in a failure to comply with conditions probation hearing unless it is based on a commission of a new crime. The bill authorizes sheriffs to actively manage their jail populations in order to keep the population as low as possible while maintaining community safety, including the authority to establish jail admission standards that include offense-based admission standards that limit jail admissions. (Note: This summary applies to this bill as introduced.)

Bill Sponsors (2)

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Actions


May 26, 2021

Senate

Senate Committee on Appropriations Postpone Indefinitely

Appropriations

Mar 04, 2021

Senate

Senate Committee on Judiciary Refer Amended to Appropriations

  • Referral-Committee
Appropriations Judiciary

Feb 16, 2021

Senate

Introduced In Senate - Assigned to Judiciary

  • Introduction
Judiciary

Bill Text

Bill Text Versions Format
Introduced (02/16/2021) PDF
PA1 (03/05/2021) PDF
Committee Amendment PDF

Related Documents

Document Format
Fiscal Note FN1 (03/02/2021) PDF
Fiscal Note FN2 (03/24/2021) PDF

Sources

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