NOTE: The governor signed this measure on 5/15/2014.
      
      
      HOUSE BILL 14-1044
      
      
      BY REPRESENTATIVE(S) Dore, Fields, Gerou, Kraft-Tharp, Labuda,
      Lawrence, Mitsch Bush, Murray, Pettersen, Rosenthal, Schafer, Tyler,
      Young;
      also SENATOR(S) Tochtrop, Aguilar, Heath, Herpin, King, Lambert,
      Newell, Rivera, Todd, Zenzinger, Carroll.
      
      
      Concerning consequences for a parolee who tampers with an
           electronic monitoring device that the parolee is required
           to wear as a condition of parole.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 17-1-102, add (8.5) as
      follows:
      
           17-1-102.  Definitions. As used in this title, unless the context
      otherwise requires:
      
           (8.5)  "Tampering" means intentionally attempting to
      disable, damage, or destroy an electronic monitoring device so as
      to render the device nonfunctional in order to avoid supervision.
      
           SECTION 2.  In Colorado Revised Statutes, 17-2-103, add (11) (f)
      as follows:
      
           17-2-103.  Arrest of parolee - revocation proceedings.
      (11) (f) (I)  A parolee who violates the conditions of his or her
      parole by removing or tampering with an electronic monitoring
      device that the parolee is required to wear as a condition of his
      or her parole is subject to an immediate warrantless arrest.
      
           (II)  Notwithstanding any other provision of this section, if
      the board determines that a parolee has violated the conditions
      of his or her parole by removing or tampering with an electronic
      monitoring device that the parolee is required to wear as a
      condition of his or her parole, the board may revoke the parolee's
      parole pursuant to paragraph (b) of this subsection (11).
      
           SECTION 3.  In Colorado Revised Statutes, 17-2-103.5, amend (1)
      (a) (II) (E); and add (1) (a) (III) as follows:
      
           17-2-103.5.  Revocation proceedings - parolee arrested for
      certain offenses. (1) (a)  Notwithstanding any provision of section
      17-2-103, a community parole officer shall file a complaint seeking
      revocation of the parole of any parolee who:
      
           (II)  Is arrested and charged with:
      
           (E)  Unlawful sexual contact as defined in section 18-3-404 (2),
      C.R.S.; or
      
           (III)  Has removed or tampered with an electronic
      monitoring device that the parolee is required to wear as a
      condition of his or her parole; except that, before making such an
      arrest, the community parole officer shall first determine that
      the notification of removal or tampering was not merely the
      result of an equipment malfunction.
      
           SECTION 4.  In Colorado Revised Statutes, 17-27-105.5, add (8)
      as follows:
      
           17-27-105.5.  Community parole officers - duties - arrest powers.
      (8)  Notwithstanding any other provision of this title, if a
      community parole officer has probable cause to believe that a
      parolee who is under the supervision of the community parole
      officer has removed or tampered with an electronic monitoring
      device that the parolee is required to wear as a condition of his
      or her parole, the parole officer shall either:
      
           (a)  Immediately make a warrantless arrest of the parolee;
      except that, before making such an arrest, the community parole
      officer shall first determine that the notification of removal or
      tampering was not merely the result of an equipment
      malfunction.
      
           (b)  Not later than twelve hours after acquiring such
      probable cause, notify a law enforcement agency with
      jurisdiction over the parolee's last-known address that the
      parolee is subject to an immediate warrantless arrest.
      
           SECTION 5.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Mark Ferrandino                        Morgan Carroll
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO