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First Regular Session

Sixty-first General Assembly

LLS NO. 97­0342.01 JBB HOUSE BILL 97­1040

STATE OF COLORADO

BY REPRESENTATIVE Romero;

also SENATOR Hopper.

ENGROSSED

JUDICIARY

A BILL FOR AN ACT

CONCERNING THE AUTHORITY OF CERTAIN STATE AGENCIES TO APPREHEND FUGITIVES.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Authorizes the Colorado bureau of investigation to apprehend persons who have escaped from custody, violated parole or probation, or are otherwise fugitives from the law. Authorizes the department of corrections to apprehend persons who have escaped from custody or violated parole or probation.

Makes an appropriation.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  24­33.5­412 (1), Colorado Revised Statutes, 1988 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

24­33.5­412.  Functions of bureau ­ legislative review. (1)  The bureau has the following authority:

(p)  TO LOCATE AND APPREHEND PERSONS WHO ARE FUGITIVES FROM THE LAW, INCLUDING BUT NOT LIMITED TO ESCAPEES FROM CORRECTIONAL FACILITIES OR PROGRAMS, LOCAL JAILS, OR DETENTION FACILITIES, VIOLATORS OF PAROLE OR PROBATION, AND PERSONS FOR WHOM AN ARREST WARRANT HAS BEEN ISSUED.

SECTION 2.  17­1­115, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended to read:

17­1­115.  Investigators employed by the department ­ notification of local law enforcement agencies ­ apprehension of fugitives. (1)  Any investigator who is employed by the department and who is defined as a "peace officer, level Ia" pursuant to section 18­1­901 (3) (l) (II), C.R.S., shall, whenever practicable, notify any local law enforcement agency when such investigator is operating or intends to operate anywhere in the jurisdiction of such local law enforcement agency.

(2) (a)  ANY INVESTIGATOR EMPLOYED BY THE DEPARTMENT IS AUTHORIZED TO LOCATE AND APPREHEND ESCAPEES FROM CORRECTIONAL FACILITIES OR PROGRAMS, STATE PRISONERS HOUSED IN LOCAL JAILS, OR DETENTION FACILITIES AND VIOLATORS OF PAROLE OR PROBATION.

(b) TO THE EXTENT RESOURCES ARE AVAILABLE, AS A SECONDARY PRIORITY FOLLOWING THE DUTIES DESCRIBED IN PARAGRAPH (2)(a) OF THIS SECTION, ANY INVESTIGATOR EMPLOYED BY THE DEPARTMENT IS AUTHORIZED TO ASSIST IN THE LOCATION AND APPREHENSION OF OTHER PERSONS FOR WHOM AN ARREST WARRANT HAS BEEN ISSUED.

SECTION 3.  Effective date. This act shall take effect July 1, 1998; except that section 1 of this act shall not take effect unless moneys are appropriated to the division of criminal justice for allocation to the Colorado bureau of investigation for the location and apprehension of fugitives as specified in the annual general appropriations act or in any other act making an appropriation for the fiscal year beginning July 1, 1998, and section 2 of this act shall not take effect unless moneys are appropriated to the department of corrections for the location and apprehension of fugitives, as specified in the annual general appropriations act or in any other act making an appropriation for the fiscal year beginning July 1, 1998.

SECTION 4. 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.