Amend §16-4-103 (3) (b), C.R.S., to require that Pretrial Risk Assessment shall be available and utilized by Judicial Officers in all counties throughout Colorado for purposes of setting bond and establishing conditions of release for felony and misdemeanor level offenses. The court shall not use the results of any such instrument as the sole basis for setting type of bond and conditions of release. Other criteria may include those circumstances contained in §16-4-103 (5), C.R.S.

The following points are offered as basic implementation guidance for the selection, use, and administration of and training on pretrial risk assessment to all Colorado counties and jurisdictions in order to set bond and establish conditions of release for felony and misdemeanor level offenses:

- The Colorado Pretrial Assessment Tool (CPAT) shall be the recommended assessment tool; however, any jurisdiction may utilize an alternative assessment tool to improve pretrial decision making subject to the approval of the Chief Judge of the Judicial District.

- The State Court Administrator is responsible to compile an inventory of approved pretrial risk assessments available and authorized for use in Colorado.

- Any alternative tool approved by a Chief Judge must be empirically developed/validated and consistent with setting the type of bond and conditions of release; however, this does not prohibit a jurisdiction from utilizing additional assessment tools to advance pretrial decisions.

- Any individual authorized to administer pretrial risk assessment for the Court, shall receive introductory training.  

- The Office of the State Court Administrator (SCAO) in consultation with the Colorado Association of Pretrial Service Agencies (CAPS) shall develop and provide standards for training and fidelity measurement of the Colorado Pretrial Assessment Tool (CPAT).  

- If an alternative pretrial risk assessment tool is approved for use by the Chief Judge of a judicial district, the SCAO shall also review and approve any training protocol and plan to ensure measures are in place to measure assessor fidelity to the instrument.  

- In order to preserve neutrality in the assessment process, prosecutors and criminal defense attorneys shall not be authorized to administer a pretrial risk assessment for purposes of setting bond and establishing conditions of release.

Amend §16-4-106, C.R.S., such that pretrial services programs shall exist in all counties in Colorado and the Colorado General Assembly shall create a state formula funding program to incentivize local jurisdictions (counties) to develop and support pretrial programs and services. Jurisdictions without pretrial programs shall be prioritized to receive funding. The recommendation includes these additional elements:  

 - On or before July 1, 2021, pretrial services programs shall be established within each of Colorado's counties. Counties may directly provide pretrial services or enter into agreements with other municipalities, counties or other entities to provide such services.

 - The Office of the State Court Administrator in consultation with the Colorado Association of Pretrial Service Agencies (CAPS) shall develop minimum standards governing the operation of pretrial service programs.   

 - Any pretrial services program established pursuant to this recommendation shall, at a minimum:

 -- provide the Court with an empirically developed and validated pretrial risk assessment for the purpose of setting bond and establishing conditions of release,

 -- provide research-based supervision services to mitigate pretrial misconduct, such as court date reminder notification, and

 -- align with legally- and evidence-informed practices found in the CAPS standards.

Modify §16-4-106, C.R.S., such that pretrial services shall exist in all counties in Colorado and amend §13-6-201 (1) to conform.  A county identified as Class C or D pursuant to §13-6-201, C.R.S., may opt out of state formula funding for the provision of pretrial services and may instead, request that the state judicial department utilize formula funding to provide services on behalf of counties within a judicial district. The recommendation includes these additional elements:

- The judicial department may directly provide services, establish inter-governmental agreements, or contractual agreements necessary to provide services upon request by counties and only upon approval of the Chief Judge of a judicial district.

- In these instances, judicial districts are authorized to use state appropriations to provide pretrial functions upon formal written request by a local government and upon approval of the Chief Judge in each judicial district.

- State judicial shall assure that pretrial services conform to the standards of the State Court Administrators Office and adhere to the underlying purpose of pretrial justice.

Modify §16-4-102 and §16-4-103, C.R.S., to establish, through a locally-determined research-based administrative order, an expedited screening process for persons arrested for an offense committed in that jurisdiction which shall be conducted as soon as practicable upon, but no later than 24 hours after, arrival of a person at the place of detention, allowing for the immediate release of certain low/medium risk persons. If a person does NOT meet the criteria for release as determined by administrative order, the person SHALL BE HELD until the initial court appearance. Also, in §16-4-109, C.R.S., expand the definition of "bonding commissioner."

For individuals who do not meet the criteria for expedited pretrial release (see Recommendation FY19-PR #06), revise the following statutory elements (in §16-4-104, -107, & -109, C.R.S.) related to the initial bond hearing process, including the considerations of the conditions of monetary bond:  

- Assess the person for risk before the hearing, require the court to consider financial circumstances of persons when setting bond, and presume release on bond without monetary conditions unless no reasonable non-monetary conditions will address public safety and flight risk [Element 7.1].

- Require the filing of felony charges within three days, excluding Saturdays, Sundays and legal holidays, unless good cause is shown [Element 7.2].

- Require reconsideration of monetary and/or non-monetary conditions of bond in both felony and misdemeanor cases (a second look) when good cause is shown and expand the definition of bonding commissioner [Element 7.3].

- Create an expedited docket for cases where the defendant is in custody on a monetary bond that he/she has not posted [Element 7.4].

To improve adult pretrial-related services throughout the state of Colorado through education and improved data collection, this recommendation proposes the following:

- Request the State Court Administrator's Office (SCAO) to establish, identify, and develop a core curriculum around the best practices of pretrial and the pretrial process to disseminate to participating stakeholders;  

- Encourage major pretrial stakeholders to participate in new hire and regular pretrial training via the SCAO curriculum. The major stakeholders recommended for inclusion are: Colorado District Attorneys' Council (CDAC), SCAO, State Public Defender, Alternate Defense Council, Pretrial Services, and law enforcement;

- Recommend the SCAO have primary oversight over curriculum development and maintenance, dissemination, and follow-up of individual stakeholder training protocols;

- Recommend the SCAO implement evaluation protocols assessing the effectiveness of pretrial process through appropriate and data collection procedures.

Append §16-4-104, C.R.S., to clarify in statute that a person is entitled to counsel at the initial bail setting hearing. Clarify that counsel shall have adequate time to prepare for an individualized hearing on bail. Retain language that the district attorney has the right to appear and pretrial information shall be shared.

Amend or clarify the express consent statute to clearly ascertain that in the event an officer establishes probable cause to believe that a person is driving under the influence of marijuana, the person shall submit to a blood test, if necessary.

Amend current administrative laws relating to driver's license revocations and hearings on revocation as applicable to establish a mandatory license revocation of three months for a first offense (DUI/DUID), one year for a second offense (DUI/DUID) and two years for a third and subsequent offense (DUI/DUID) resulting from driving under the influence of marijuana per se.

Amend the administrative laws where necessary to establish that a violation or conviction for driving under the influence of marijuana per se shall mirror the consequences of conviction for a DUID per se violation regarding the administrative penalties and procedures for reinstatement of a license, insurance via SR-22, and court ordered treatment programs as reasonably necessary to effect the purpose of treating a DUID marijuana as seriously as a DUI alcohol offense.

Clarify wherever necessary in the DUI and administrative statutes the inclusion of DUID/marijuana per se as a qualifying offense for application any multiple offense DUI/DWAI/habitual/UDD/vehicular homicide and assault convictions and penalties.

Implement a standardized mental illness screening instrument as part of the presentence investigation or, if none was completed, at post-sentence probation intake.

Extend the amount of time available on a deferred judgment and sentence for a sex offense requiring treatment, and clarify when the period of the deferred begins.

Substance abuse treatment provided while incarcerated must be accepted by private sector providers during post-release treatment. This means that any treatment module completed or treatment level attained by the offender while incarcerated shall not be required to be repeated once released.*

Training for court professionals on best practices for DUI cases should be expanded. To this end, the Commission will identify a working group to develop a short training curriculum for professionals in the criminal justice system on the subject of evidence-based sentencing practices for multiple DUI offenders. This information should be presented at the annual conferences for judges, the Colorado District Attorneys Association, and the Colorado Defense Bar.

If Colorado DUI court evaluation findings show positive outcomes, DUI courts should be expanded by developing demonstration projects that have local stakeholder commitment and adequate funding. When appropriate, funding sources for DUI courts should be actively explored by local officials.

Funding should be set aside for public education regarding changes to DUI law as proposed by the previous recommendations.

Community-based treatment should be expedited for alcohol and drug-involved defendants.

The Division of Criminal Justice, State Judicial Branch, and the Division of Behavioral Health should collaborate in the evaluation of alcohol and drug treatment programs.

Resolve new county court cases as soon as possible because unresolved cases may interfere with the success of district court probation.

Each judicial district should be encouraged to establish a bond commissioner and process that give authority to the specially trained commissioner or their designee to undertake an individual assessment of the accused and set bonds and/or summonses as appropriate.

When appropriate, and considering public safety and the safety of the victim, expand the use of home detention in lieu of jail, as a condition of probation or for a probation revocation.

New budget requests should include an analysis and discussion of the full fiscal and non-fiscal impact of initiatives on other agencies (for example, the impact that a state-level initiative might have on a county jail).

Encourage the General Assembly to provide funding that promotes partnerships between local and state public or private entities for the construction on publically owned lands of multi-purpose correctional supervision and re-entry facilities.