HB 25-1049: Communication Rights for Persons in Custody - Colorado

Rerevised (04/28/2025) → Revised (04/25/2025) · 3 edits

MINOR

The bill was revised to update its status from 'Rerevised' to 'Revised' following amendments adopted on second reading in the Senate. The Senate sponsorship list was shortened, removing several co-sponsors, while the House sponsorship list remains unchanged. The text of the bill itself shows minor formatting adjustments and a new provision added regarding the initial determination of indigency for persons in custody seeking public defender representation.

Scope change

No substantive change to the bill's scope or applicability; changes are primarily procedural and formatting.

TECHNICAL

Removed several Senate co-sponsors (Ball, Coleman, Cutter, Exum, Hinrichsen, Jodeh, Kipp, Michaelson Jenet, Sullivan, Wallace, Weissman) from the sponsorship list.

Updated the document header from 'REREVISED' to 'REVISED' and changed the date reference from April 28, 2025 to reflect amendments adopted on second reading.

REQUIREMENT

Added a new requirement that the public defender must make an initial determination as to whether a person in custody is indigent before proceeding with representation.

PA1 (01/23/2025) → Rerevised (04/28/2025) · 4 edits

MODERATE

This bill was revised to incorporate all amendments adopted by both the House and Senate, updating the official version of HB 25-1049. The substantive changes include adding new definitions for 'Authorized Representative' and 'Place of Confinement' to clarify who can assist persons in custody and where the rights apply. The bill also expanded the duty of law enforcement to allow communication with attorneys for individuals held in certain facilities for more than 24 hours.

Scope change

The bill's scope was expanded to explicitly include facilities operated by the Department of Corrections and to define specific time thresholds (more than 24 hours) for when communication rights must be honored.

DEFINITION

Added a new definition for 'Authorized Representative' to clarify that professionals employed by or under contract with an attorney's office can assist in legal consultations.

Added a new definition for 'Place of Confinement' to include jails, fixed confinement places operated by county or government authority, and Department of Corrections facilities.

REQUIREMENT

Modified the duty of officers to admit attorneys to apply specifically to facilities where an in-custody person is held for more than 24 hours.

ELIGIBILITY

Modified the right to communicate to explicitly allow contact through interactive audiovisual conferencing if available, alongside traditional telephone calls.

PA2 (04/04/2025) → PA1 (01/23/2025) · 4 edits

MODERATE

This bill amends Colorado statutes to strengthen the right of arrested or detained individuals to communicate with their attorneys and family members. It clarifies the right to make private, unrecorded phone calls and use interactive audiovisual conferencing without cost. The changes also expand the definition of who can represent a person in custody to include professionals working with the Office of Alternate Defense Counsel and court-appointed attorneys.

Scope change

The bill expands the scope of who can communicate with a person in custody by including authorized representatives from the Office of Alternate Defense Counsel and court-appointed attorneys, in addition to existing rights for attorneys and family members.

REQUIREMENT

Changed the requirement for communication from 'telephone calls' to include 'interactive audiovisual conferencing' as an additional method of contact with attorneys and family.

Added explicit provision that communication with attorneys must be private, unrecorded, and without cost.

DEFINITION

Expanded the definition of authorized representatives to include professionals working with the Office of Alternate Defense Counsel and those authorized to work with court-appointed attorneys.

ENFORCEMENT

Added new section requiring peace officers to allow attorneys and their authorized representatives to call and speak with persons in custody.

Final Act (05/15/2025) → PA2 (04/04/2025) · 6 edits

MODERATE

This bill was reformatted from a final act version to a pre-amendment draft version, showing the original bill text before committee amendments were adopted. The substantive policy content regarding communication rights for persons in custody remains the same, but the document now includes bill summary information and committee markup indicating proposed changes.

Scope change

The bill's scope and applicability remain unchanged; this is a formatting change showing the bill in draft form rather than final form.

TECHNICAL

Removed final act language indicating the bill was prepared for signatures and directing readers to legislative status sheets.

Added header information identifying this as the First Regular Session of the Seventy-fifth General Assembly with pre-amendment status.

Added bill summary explaining the bill's purpose regarding communication rights for persons in custody.

Added committee markup indicators showing house and senate committee assignments and amendment status.

Changed sponsor listing format from a single line to separate house and senate sponsorship sections with full committee assignments.

Removed the final act signature block with speaker and president signatures.

Engrossed (04/14/2025) → Reengrossed (04/15/2025) · 3 edits · Apr 28, 2025

MINOR

The bill was reengrossed to include additional co-sponsors and updated the legislative status to reflect third reading amendments. Substantive text changes were removed, including provisions regarding public defender access and attorney consultation rights, suggesting a shift in the bill's focus or a reversion to a prior version of the text.

Scope change

The bill's scope appears to have reverted or been narrowed as substantive policy text regarding jail standards and attorney access was removed from the reengrossed version.

TECHNICAL

Additional co-sponsors were added to the House sponsorship list.

REQUIREMENT

Text regarding public defender procedures for determining if a person in custody was taken without unnecessary delay was removed.

Provisions amending the right to consult with an attorney or an attorney's authorized representative in custody were removed.

Introduced (01/08/2025) → Engrossed (04/14/2025) · 4 edits · Apr 28, 2025

MODERATE

This bill expands communication rights for people in custody by adding interactive audiovisual conferencing as an option for legal consultations and clarifying who can assist attorneys in representing clients. The changes allow for video conferencing when available and define 'authorized representative' to include professionals working under contract with attorneys or state agencies.

Scope change

The bill now includes facilities operated by the Department of Corrections in addition to county jails, and extends rights to include consultations with attorney authorized representatives.

REQUIREMENT

Added interactive audiovisual conferencing as an allowable method for communication between persons in custody and their attorneys.

DEFINITION

Created new definition for 'authorized representative' to include professionals employed by or under contract with attorneys or state agencies to provide legal representation.

Added definition for 'place of confinement' to include facilities operated by the Department of Corrections.

ELIGIBILITY

Expanded right to consult with attorneys to include authorized representatives of attorneys, not just the attorneys themselves.

Communication Rights for Persons in Custody

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