2023 Colorado Revised Statutes › Title 21 - STATE PUBLIC DEFENDER (§§ 21-1-101 — 21-2-109) › Article 1 - STATE PUBLIC DEFENDER (§§ 21-1-101 — 21-1-107) › Section 21-1-104 - Duties of public defender - report

(1)
When representing an indigent person, the state public defender, only after the conditions of section
21-1-103
have been met, shall:
(a)
Counsel and defend him, whether he is held in custody, filed on as a delinquent, or charged with a criminal offense or municipal code violation at every stage of the proceedings following arrest, detention, or service of process; and
(b)
Prosecute any appeals or other remedies before or after conviction that the state public defender considers to be in the interest of justice, except as limited in subsection (3) of this section.
(2)
In no case, however, shall the state public defender be required to prosecute any appeal or other remedy unless the state public defender is satisfied first that there is arguable merit to the proceeding.
(3)
In order to expedite death penalty appeals, state moneys shall not be used to prosecute any appeal on behalf of the defendant in any class 1 felony case where the death penalty has been imposed that is not an appeal as of right in state court. In addition, in any class 1 felony case where the death penalty has been imposed, state moneys shall not be used to prosecute any federal habeas corpus proceeding on behalf of the petitioner, unless the petitioner is seeking to prevent extradition. For purposes of this subsection (3), "appeal as of right" means a direct appeal on behalf of the defendant of the validity of the underlying conviction and the propriety of the sentence and a motion for postconviction relief properly brought by the defendant in accordance with rule 35 of the Colorado rules of criminal procedure and any appeal on behalf of the defendant of the denial of such motion.
(4)
Notwithstanding section
24-1-136 (11)(a)(I)
, pursuant to section
2-7-203
, the state public defender shall report annually to the judiciary committees of the house of representatives and senate, or to any successor committees, information concerning:
(a)
The number of juvenile delinquency cases for which counsel from the office is appointed;
(b)
The number of juvenile cases that involve a conflict of interest;
(c)
The process of selecting, training, and supporting attorneys who represent children in juvenile delinquency court;
(d)
The average length of time attorneys are assigned to juvenile court;
(e)
The outcome of efforts to reduce juvenile court rotations and increase opportunities for promotional advancement in salaries for attorneys in juvenile court; and
(f)
The process of training attorneys and other employees of the office concerning determinations of competency to proceed for juveniles and adults, competency evaluation reports, services to restore competency, and certification proceedings governed by article
65
of title
27
.
(5)
The state public defender shall hire social workers, as defined in section
12-245-401 (9)
, to assist in defending juvenile defendants.
(6)
The office of state public defender shall provide one or more public defender liaisons to the department of corrections and the state board of parole to assist inmates or inmate liaisons with legal matters related to detainers, bonds, holds, warrants, competency, special needs parole applications, and commutation applications. The office of state public defender, in consultation with the state board of parole and the department of corrections, shall develop any necessary policies and procedures for implementation of this subsection (6).
Amended by 2021 Ch. 459, § 6, eff. 7/6/2021.
Amended by 2019 Ch. 136, § 114, eff. 10/1/2019.
Amended by 2019 Ch. 227, § 16, eff. 7/1/2019.
Amended by 2017 Ch. 175, § 1, eff. 8/9/2017.
Amended by 2014 Ch. 247, § 9, eff. 11/1/2014.
Amended by 2014 Ch. 177, § 1, eff. 5/14/2014.
L. 69: R&RE, p. 256, § 30. C.R.S. 1963: § 39-21-4. L. 81: IP(1) amended, p. 924, § 3, effective May 26. L. 94: (1)(b) amended and (3) added, p. 1475, § 4, effective July 1. L. 2014: (5) added, (HB 14-1023), ch. 649, p. 649, § 1, effective May 14; (4) added, (HB 14-1032), ch. 955, p. 955, § 9, effective November 1. L. 2017: IP(4) amended, (SB 17-233), ch. 637, p. 637, § 1, effective August 9. L. 2019: (4)(d) and (4)(e) amended and (4)(f) added, (SB 19-223), ch. 2291, p. 2291, § 16, effective July 1; (5) amended, (HB 19-1172), ch. 1682, p. 1682, § 114, effective October 1. L. 2021: (6) added, (SB 21-146), ch. 3084, p. 3084, § 6, effective July 6.