SB21-062 Summary

• Authorizes peace officers to issue summons and complaints for any offense with probable cause, except crimes of violence or when arrest is statutorily required.

• Prohibits custodial arrest for traffic offenses, petty offenses, misdemeanors, municipal offenses, class 4-6 felonies, and level 3-4 drug felonies unless arrest is required by statute, identity cannot be verified, prior DUI conviction within 12 months, or officer documents reasonable suspicion of safety threat or unwillingness to cease criminal behavior.

• Restricts courts from imposing monetary bonds on defendants charged with misdemeanors, municipal offenses, class 4-6 felonies, or level 3-4 drug offenses unless court finds substantial risk of flight or safety threat and no other release condition can mitigate the risk.

• Requires courts to issue personal recognizance bonds for defendants appearing on failure-to-appear warrants unless defendant has failed to appear 3+ times or will likely flee.

• Authorizes sheriffs to actively manage jail populations and establish offense-based admission standards to limit jail admissions while maintaining community safety.

• Takes effect January 1, 2022, subject to referendum petition and voter approval in November 2022.