CO SB030

Creates new Colorado statute (18-1-410.5) allowing defendants to challenge guilty pleas after withdrawal and charge dismissal if the plea resulted in adverse immigration consequences.

Permits challenges at any time (notwithstanding normal time limitations in section 16-5-402) for pleas entered in deferred judgment programs or under the now-repealed section 18-18-404(3) prior to 2010.

Requires defendants to allege in good faith that they suffered immigration consequences and the plea violated U.S. or Colorado constitutional or statutory law, specifically including failure to inform about lasting immigration consequences despite plea withdrawal.

Establishes prosecution must prove by preponderance of evidence within 21 days that defendant will not suffer immigration consequences or plea was constitutional; if prosecution fails to respond, motion is automatically granted.

Appropriates $543,461 to judicial department (4.8 FTE) and $55,139 to appellate unit of department of law (0.6 FTE) for fiscal year 2019-20; applies retroactively to all charges dismissed before, on, or after the effective date.