SB 17-048

Senate Bill 17-048, now signed into law, requires police and parole officers to arrest individuals who are part of an intensive supervision program if they remove or tamper with their electronic monitoring devices without a legitimate reason. Before making the arrest, officers must first check that the device wasn't malfunctioning. This bill affects people on parole who use these devices as a condition of their release. Since it has been signed into law, it is now enforceable in Colorado.

Official Summary

The bill states that when a peace officer or community parole officer has probable cause to believe that an offender in an intensive supervision program has committed an escape by knowingly removing or tampering with an electronic monitoring device that he or she is required to wear as a condition of parole, the officer shall immediately seek a warrant for the offender's arrest or arrest the offender without undue delay if the offender is in the presence of the officer. However, before an officer arrests an offender, the officer, if practicable, shall determine that the notification of removal or tampering was not merely the result of an equipment malfunction. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

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