Department of Corrections Search Court Records Before Offender Release

The act requires the department of corrections (department) to search all information available to the department to determine whether an offender held at a correctional facility is subject to an outstanding warrant or if the offender has a pending case in a Colorado court. The department is required to conduct the search when the department conducts the initial comprehensive evaluation of the offender's sentence and 3 to 8 months prior to the offender's community correction eligibility date. The act requires the department to establish guidelines and policies that address requests for additional searches as may be needed by the public defender liaison to the department.

If the department determines that an offender is subject to a warrant or has a pending case in a Colorado court, the department shall notify the offender, the public defender liaison to the department, and the court that issued the warrant or in which the case is pending, as applicable. The general assembly encourages a court to ensure the offender appears before the court, is assigned counsel if the defendant is eligible for court-appointed counsel, allows the offender to resolve the warrant in a timely manner, and facilitates virtual appearance for the offender.

The act does not prohibit the department from searching for outstanding warrants at any other time. The act requires the office of state public defender to designate an email address for the public defender liaisons to the department of corrections to receive notifications from the department.

(Note: This summary applies to this bill as enacted.)