Colorado is first state to enact broad RTC in forfeiture cases
In 2026, the Colorado Legislature enacted HB 1250, creating a forfeiture defense counsel fund and providing a right to counsel upon request for low-income forfeiture defendants. Colorado is the first state to provide an unqualified right to counsel in such cases — seven states provide a right to counsel that is qualified in some way, while the state of Indiana permits appointment of counsel in “exceptional circumstances.”
The bill adds 16-13-318(2) to Colorado Rev. Code, specifying that if a forfeiture defendant requests counsel, the court shall appoint counsel. However, the bill also states that if the fund lacks money, the service provider is not required to provide an attorney.
The new law defines “forfeiture defendant” as “a person who claims an interest in property subject to a forfeiture proceeding.” This is broader than many other forfeiture bills introduced, which sometimes limit the right to counsel to criminal defendants. The bill enacts further reforms as well, generally prohibiting the forfeiture of property without a criminal conviction. Notably, the forfeiture defense counsel fund “redirects some forfeiture proceeds [away] from law enforcement.”
Bill Status: Enacted
Last action (on 06/04/2026): Governor Signed
The NCCRC submitted supportive testimony at the request of one of our partners.
