HB20-1188 Summary

• Creates an exception to Colorado's prohibition on law enforcement arresting or detaining individuals based on civil immigration detainers for persons previously deported, convicted of improper entry/reentry under federal law, or convicted of a felony in Colorado.

• Requires law enforcement to notify U.S. Immigration and Customs Enforcement (ICE) of the anticipated release date and time of qualifying individuals and detain them for up to 48 hours after becoming eligible for release.

• Creates a civil liability exception to governmental immunity allowing crime victims to sue law enforcement agencies for compensatory damages if officers fail to notify ICE or detain qualifying individuals and the person subsequently commits a crime.

• Establishes damage caps ranging from $350,000 for single-person property damage to $1.98 million for multi-person personal injury cases, with annual adjustments made by the Secretary of State.

• Provides a safe harbor defense protecting agencies from liability if they expeditiously notified ICE and ICE failed to arrest the individual at the scheduled release time.