HB 21-1309 Summary

• Allows courts to grant one continuance for up to 6 months (3 months if defendant is in custody) to exclude time from speedy trial deadlines due to jury trial backlogs directly caused by COVID-19 restrictions implemented during 2020-2021.

• Requires courts to make specific findings on the record before granting a continuance, including that no other court is available, case is part of pandemic-related backlog, and granting serves the interest of justice.

• Prioritizes cases for trial that involve mistrials, in-custody defendants who do not waive speedy trial, or charges listed in victim rights statutes to ensure swift resolution.

• Mandates victim notification before continuance approval and requires courts to reconsider monetary bond conditions for in-custody defendants when a continuance is granted.

• Requires immediate release on personal recognizance bond for non-violent felony defendants unable to pay bail when continuance is granted; requires hearing within 7 days for Class 1-3 felony defendants to reconsider monetary bond conditions.

• All provisions sunset July 1, 2023; courts prohibited from granting continuances after April 29, 2022; Judicial Department must collect and report data on continuances granted.