Colorado § 16-12-306 - Prosecution duty to notify defendants and defendant's counsel - content of notice.

§ 16-12-306. Prosecution duty to notify defendants and defendant's counsel - content of notice.

(1) A district attorney who receives a notice from a crime laboratory director pursuant to section 16-12-305 (3)(a) that an investigation of wrongful action was initiated shall notify the defendant in the case that is subject to the investigation as soon as practicable but no later than ninety-one days after receiving the notice of the initiation of the investigation, unless court rules, court order, or law requires an earlier deadline for disclosure.

(2) (a) A district attorney who receives a final report of an investigation pursuant to section 16-12-305 (5)(b) or (7) that determines that a crime laboratory employee engaged in wrongful action in a case shall notify the defendant in that case, and each defendant whose case was reviewed as part of the investigation, of the determination of wrongful action in the case that is subject to the investigation as soon as practicable but no later than ninety-one days after the receipt of the final report.

(b) The district attorney shall also notify each defendant in a case identified by the crime laboratory director in the list of cases described in section 16-12-305 (2)(f) that was provided to the district attorney but only if the defendant's criminal case is pending or resulted in a conviction in that jurisdiction. The district attorney shall notify the defendant as soon as practicable but no later than ninety-one days after receipt of the final report.

(3) If a crime laboratory director's investigation initiated pursuant to section 16-12-305 (1) is not completed within one hundred twenty-six days, the district attorney shall notify the defendants identified by the crime laboratory in the list of cases described in section 16-12-305 (2)(f) that was provided to the district attorney of the investigation of the wrongful action but only when the criminal case is pending or resulted in a criminal conviction. The district attorney shall notify the defendants pursuant to this subsection (3) as soon as practicable. The notice of an incomplete investigation described in this subsection (3) is in addition to the notice of a final report required in subsection (2) of this section.

(4) In addition to the information required in a notice pursuant to this subsection (4), the notice to the defendant made pursuant to subsection (2) of this section must state that there is a final report of wrongful action by a crime laboratory employee involved in the defendant's case. The notice made to a defendant pursuant to this section must include:

(a) The name of the crime laboratory employee and the name of the crime laboratory or agency that operates the crime laboratory;

(b) The defendant's case number and court that has jurisdiction over the case;

(c) A statement that the defendant has:

(I) A time-limited right to make a post-conviction claim pursuant to the "Colorado Forensic Science Integrity Act" and an appropriate citation to the "Colorado Forensic Science Integrity Act";

(II) A right to counsel to investigate, file, and litigate post-conviction claims pursuant to the "Colorado Forensic Science Integrity Act";

(III) A right to hire their own counsel and, if the defendant cannot afford counsel, the right to court-appointed counsel;

(d) Information about how to contact the office of state public defender or the court to request that counsel be appointed; and

(e) Information about how to contact the district attorney's office to determine the status of the investigation, if the defendant is proceeding without counsel.

(5) (a) If the defendant's criminal case is a pending case for which no conviction has been entered, is on appeal status, or has had post-conviction motions filed that are pending, the district attorney shall immediately notify the defendant and the defendant's counsel through discovery in the case.

(b) If the defendant was convicted in the case and there is not a pending appeal and there are no pending post-conviction motions in the case and:

(I) The defendant is in custody in jail or a correctional facility, the district attorney shall notify the defendant via regular mail at the defendant's place of incarceration and notify the office of the public defender by email at the email address described in subsection (5)(c) of this section; or

(II) The defendant is not in custody in jail or a correctional facility, the district attorney shall notify the defendant, by personal service or registered mail, at the defendant's last-known address and the address of the defendant's last-known counsel or if the defendant's last-known counsel was the public defender, notify the office of public defender by email at the email address described in subsection (5)(c) of this section.

(c) The state public defender shall designate an email address to receive notices pursuant to this section and shall provide the email address to each district attorney and the Colorado district attorneys' council.

Source: L. 2025: Entire part added, (HB 25-1275), ch. 352, p. 1896, § 1, effective June 2.