This 2021 Legislative Session, ACLU of Colorado is working to advance legislation that defends civil liberties and to defend against legislation that seeks to restrict the rights of Coloradans. We are working on reproductive rights, immigrant rights, privacy and bringing out neighbors home from juvenile detention and county jails.
Important ACLU of Colorado Legislation:
SB21-273: Pre-trial Reform
What SB21-273, including the Michael Marshall Justice Act and the Marvin Booker Justice Act, does:
Mandates summons in lieu of arrest for traffic offenses, petty offenses, municipal offenses, and non-violent misdemeanors. (Unlike SB21-062, this summons provision does not impact arrests for felonies and Victim Rights Act offenses.)
Limits cash bond to cases where there is a safety threat or a flight threat, the twin legal justification for pretrial detention identified by the US Supreme Court for all but the highest level felonies (mirrors concept in SB21-062).
- To avoid pretrial detention for simple, non-criminal failure to appear, limit cash bond to failures to appear where victim or witness time is wasted, where the defendants fails to appear two or more times, or where there is a flight concern.
- To avoid pretrial detention for technical, non-criminal alleged violations of probation, limit cash bond except in cases where the violation involves failure to comply with sex offense or domestic violence treatment.
HB21-1280: Pre-trial Detention Reform
HB21-1280 provides prompt access to justice for people who are legally innocent.
- Bond setting hearing within 48 hours after an arrestee’s arrival at a jail.
- Ensure prompt and fair pretrial liberty:
- Released from custody within 6 hours after bond is set.
- Clear notice of rights regarding bond payment and release procedures.
- Reporting requirement to ensure compliance with law.
HB21-1060: U Visa Certification Requirements
HB21-1060 would ensure that all victims in Colorado who are eligible for the U visa are treated fairly and are subject to the same statewide policy and protocol.
- Mandates a timeframe in which certifications must be signed or declined by law enforcement;
- Aligns the factors that may be considered by law enforcement in certification decisions with the federal requirements — victimization and helpfulness;
- Protects victims’ personal information from being shared with ICE; and
- Ensures that victims are provided with information about the U visa.
Each year at the Colorado legislature, the ACLU of Colorado takes positions on any and all legislation that affects the civil rights and civil liberties of Coloradans. To find our position on a piece of legislation, please check our legislative database.
Check here throughout the session for updates on our top priority bills.