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Colorado Rights Blog

SB21-062: Jail Population Management Tools

Bill Number: SB21-062
Year: 2021
ACLU Position: Support
Sponsors: A. Benavidez/P. Lee

Description:

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.


Current Status:

Senate Committee on Judiciary Refer Amended to Appropriations (03/04/2021)
Senate Committee on Appropriations Postpone Indefinitely (05/26/2021)



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