Support HB22-1067
48 Hour Municipal
Bond Hearings
Basic due process for Colorado’s most vulnerable
HB22-1067 requires municipal courts to hold bond hearings within 48 hours of arrest, closing a legal loophole and bringing municipal courts in line with state court and constitutional requirements.
WHY WE NEED HB22-1067
Municipal offenses affect Colorado’s most vulnerable
Municipal courts handle the least serious crimes in the state, most often offenses closely tied to homelessness, mental health conditions, and substance use disorders - like sleeping on a park bench, disorderly conduct, or open container. More serious cases involving misdemeanors and felonies are handled in state courts.
Equal access to justice for low-level offenses- closing the municipal loophole
Colorado law already requires that people arrested for more serious state offenses be brought before a judge for bond setting within 48 hours of arrest, but people accused of low-level municipal offenses can wait up to 6 days to see a judge. HB22-1067 closes a legal loophole to ensure equal access to justice for people charged with municipal offenses.
The Constitution requires 48 hour bond hearings
“We conclude that the federal due process right entitles detainees to a [bond] hearing within 48 hours [of arrest].” Odonnell v. Harris County 882 F.3d 528, 543 (5th Cir. 2018).
Extended pretrial jail for municipal offenses is…
Unnecessary
Most people jailed for municipal offenses are immediately released when they see a judge at their bond hearing. Time spent jailed and waiting for a hearing is time the person would otherwise have been free and does not serve to improve public safety.
Costly
One night in a Colorado jail costs more than $100, a burden generally shouldered by county taxpayers, not the municipality. Taxpayer dollars spent keeping people in jail for low-level offenses while they wait to see a judge could be redirected toward behavioral health supports and other evidence-based interventions to improve public safety.
Harmful
Extended pretrial jail for vulnerable Coloradans harms the entire community.
Low wage, hourly workers lose their jobs.
Children are left without parental care.
Housing insecure folks lose hotel rooms, shelter beds, and substance use beds.
People living on the streets lose contact with treatment providers.
People struggling with substance use disorders face substantially increased risk of overdose death upon release.
People struggling with mental health conditions have substantially increased risk of suicide and self-harm in jail.
HB22-1067 provides thoughtful due process for low-level municipal offenses and ensures Coloradans are treated fairly when interacting with municipal courts.
Prime Sponsors
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Representative Serena Gonzales-Gutierrez
BILL SPONSOR
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Representative Steven Woodrow
BILL SPONSOR
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Senator Pete Lee
BILL SPONSOR
Support for HB22-1067
Colorado District Attorneys’ Council, Colorado Attorney General, Harm Reduction Action Center, Interfaith Alliance of Colorado, Together Colorado, Colorado Criminal Defense Bar, Colorado Cross-Disability Coalition, Bring Our Neighbors Home, Colorado Freedom Fund, Sam Cary Bar Association, Colorado Center for Law and Policy, Covid 19 Eviction Defense Project, ACLU of Colorado, Mental Health Center of Denver, JeffcoCAN, West Metro Resistance, Indivisible HD7.