House Bill 25-1214 Preamended

A Bill for an Act

• Page 1, Line 101Concerning measures to make appropriate use of prison beds,

• Page 1, Line 102and, in connection therewith, making and reducing an

• Page 1, Line 103appropriation.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

Before an individual is sentenced to the department of corrections (department) for a class 5 or 6 felony, the bill requires the court to review certain available information and to make additional findings.

The bill directs the executive director of the department (executive director) to notify the sentencing court that a person sentenced to prison for certain lower-class felonies is either past or within 90 days or less of the person's parole eligibility date.

The bill adds certified recovery residences to the lists of possible treatment or recovery options for a parolee.

The bill eliminates the requirement that a parolee who tests positive for drugs or alcohol must pay for any treatment program ordered as a new condition of parole.

The bill repeals provisions that require approval by a majority of the members of the state board of parole (state board) for a denial of parole to certain low- or very low-risk inmates. The bill replaces these provisions by creating a presumption that certain low- or very low-risk inmates who have reached their parole eligibility dates will be granted parole. The bill also requires the state board to provide a monthly report to the department on the status of hearings for these low- and very low-risk inmates.

If an offender is otherwise eligible for parole or placement in a community corrections program but has an outstanding warrant or detainer, the parole board or the executive director shall notify the public defender liaison, who shall determine if the warrant or detainer may be resolved and notify the executive director of the outcome.

• This Unofficial Version Includes Committee

• Amendments Not Yet Adopted on Second Reading

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1. Legislative declaration. (1)  The general assembly finds:

• Page 2, Line 3(a)  The department of corrections' budget has grown by over

• Page 2, Line 4$246.7 million over the past six years, and its fiscal year 2024-25 budget is almost $1.2 billion;

• Page 2, Line 5(b)  Prison population projections indicate continued growth in the

• Page 2, Line 6prison population, and the department has requested an additional 427 male prison beds in its initial budget request for fiscal year 2025-26;

• Page 2, Line 7(c)  It is essential that the state's costly prison resources are used

• Page 2, Line 8for those offenders for whom a different sentence is not appropriate or

• Page 2, Line 9will not properly meet the goals of community safety and rehabilitation of the offender;

• Page 3, Line 1(d)  Over 10% of persons admitted to prison as a new court

• Page 3, Line 2commitment are past or within 90 days or less of their parole eligibility

• Page 3, Line 3date upon admission to prison, especially if the conviction was for a

• Page 3, Line 4lower-level felony or drug felony. Courts, defense counsel, and

• Page 3, Line 5prosecutors do not have sentence time computation information at the time of sentencing.

• Page 3, Line 6(e)  Given that these new prison admissions are past or close to

• Page 3, Line 7their parole eligibility date, the department of corrections will be unlikely

• Page 3, Line 8to be able to provide education, treatment, or other rehabilitative

• Page 3, Line 9programs prior to release. Requiring the department of corrections to

• Page 3, Line 10notify the court when a new prison admission convicted of a lower-level

• Page 3, Line 11felony is past or near their parole eligibility date allows the court to

• Page 3, Line 12reconsider whether a sentence to prison is the most appropriate sentence with input from the prosecutor, defense counsel, and any victim.

• Page 3, Line 13(f)  The number of people approved by community corrections as

• Page 3, Line 14transition clients from prison has declined in recent years. In current law,

• Page 3, Line 15inmates with a detainer or warrant are ineligible for referral to community

• Page 3, Line 16corrections. Since that law went into effect, a new position was created

• Page 3, Line 17within the office of state public defender to serve as a liaison to the

• Page 3, Line 18department of corrections and parole board to assist with legal matters

• Page 3, Line 19including warrants and detainers, special needs parole, and competency.

• Page 3, Line 20Limiting the exclusionary criteria to only those situations when the

• Page 3, Line 21warrant and detainer cannot be resolved may enable the public defender

• Page 3, Line 22liaison to resolve outstanding warrants and detainers, creating a larger

• Page 3, Line 23pool of potential applicants who can be considered by the community corrections boards and community corrections programs.

• Page 4, Line 1SECTION 2.  In Colorado Revised Statutes, 16-11-301, amend (1); and add (5) as follows:

• Page 4, Line 216-11-301.  Sentences - commitments - correctional facilities -

• Page 4, Line 3county jail - age limit. (1) (a)  As a general rule, imprisonment for the

• Page 4, Line 4conviction of a felony by an adult offender shall be is served by

• Page 4, Line 5confinement in an appropriate facility as determined by the executive

• Page 4, Line 6director of the department of corrections. In such cases, the court will

• Page 4, Line 7shall sentence the offender to the custody of the executive director of the department of corrections.

• Page 4, Line 8(b)  Prior to the imposition of a sentence to the

• Page 4, Line 9department of corrections for a conviction of a class 5 felony,

• Page 4, Line 10class 6 felony, class 3 drug felony, or class 4 drug felony at

• Page 4, Line 11sentencing or resentencing after a revocation of probation or

• Page 4, Line 12community corrections sentence, the court shall determine

• Page 4, Line 13whether incarceration is the most suitable option given the

• Page 4, Line 14facts and circumstances of the case and the purposes of sentencing pursuant to section 18-1-102.5.

• Page 4, Line 16(5)  Unless the prison sentence is the result of a stipulated

• Page 4, Line 17plea agreement for an exact number of years in prison, if a

• Page 4, Line 18sentencing court receives a notice from the executive director

• Page 4, Line 19of the department of corrections pursuant to section 17-1-103

• Page 4, Line 20(1)(s) that, at the time of admission, an offender sentenced to

• Page 4, Line 21prison by the court is either past or within ninety days of the

• Page 4, Line 22offender's parole eligibility date in the sentenced case, the

• Page 4, Line 23court shall notify counsel for the defendant and the

• Page 4, Line 24prosecution and request that the defendant file a motion if the

• Page 5, Line 1defendant wants to move for reconsideration. If the court

• Page 5, Line 2receives a motion for reconsideration, the court shall schedule

• Page 5, Line 3a hearing on the motion within thirty-five days after filing and,

• Page 5, Line 4at the hearing, may impose an alternative sentence.This hearing is subject to part 3 of article 4.1 of title 24.

• Page 5, Line 5SECTION 3.  In Colorado Revised Statutes, 17-1-103, add (1)(s) as follows:

• Page 5, Line 617-1-103.  Duties of the executive director. (1)  The duties of the executive director are:

• Page 5, Line 7(s)  If an offender is admitted to the custody of the

• Page 5, Line 8executive director as a new court commitment serving a

• Page 5, Line 9sentence where the controlling sentence is for a class 5 or

• Page 5, Line 10class 6 felony or a class 3 or class 4 drug felony and the

• Page 5, Line 11offender is determined by the department at admission to be past

• Page 5, Line 12or within ninety days of the offender's parole eligibility date,

• Page 5, Line 13the department shall notify the sentencing court within

• Page 5, Line 14fourteen days after admission and provide the court with

• Page 5, Line 15information on the parole eligibility date, the mandatory

• Page 5, Line 16release date, and the results of any intake assessments for the offender.

• Page 5, Line 17SECTION 4.  In Colorado Revised Statutes, 17-2-201, amend

• Page 5, Line 18(3)(h.1)(I), (4)(f)(I)(B), (4)(f)(I)(C), (5)(c)(II) introductory portion,

• Page 5, Line 19(5.5)(d)(I), (5.7) introductory portion, and (5.7)(a); and repeal (4)(f)(I)(D), (4)(f)(I)(E), and (19) as follows:

• Page 5, Line 2017-2-201.  State board of parole - duties - definitions. (3)  The

• Page 5, Line 21chairperson, in addition to other provisions of law, has the following

• Page 5, Line 22powers and duties:

• Page 6, Line 1(h.1)  To contract with qualified individuals to serve as release hearing officers:

• Page 6, Line 2(I)  To conduct parole application hearings for inmates convicted

• Page 6, Line 3of class 4, class 5, or class 6 felonies or level 3 or level 4 drug felonies

• Page 6, Line 4who have been assessed to be less than high risk by the Colorado risk

• Page 6, Line 5assessment scale developed pursuant to section 17-22.5-404 (2)(a); or

• Page 6, Line 6hearings pursuant to subsection (19) of this section pursuant to rules adopted by the parole board; and

• Page 6, Line 7(4)  The board has the following powers and duties:

• Page 6, Line 8(f) (I)  To conduct an initial or subsequent parole release review in lieu of a hearing, without the presence of the inmate, if:

• Page 6, Line 9(B)  A detainer from the United States immigration and customs

• Page 6, Line 10enforcement agency has been filed with the department, the inmate meets

• Page 6, Line 11the criteria for the presumption of parole in section 17-22.5-404.7, and victim notification is not required pursuant to section 24-4.1-302.5; or

• Page 6, Line 12(C)  The inmate has a statutory discharge date or mandatory

• Page 6, Line 13release date within six months after his or her the inmate's next

• Page 6, Line 14ordinarily scheduled parole hearing and victim notification is not required pursuant to section 24-4.1-302.5.

• Page 6, Line 15(D)  The inmate is assessed to be a low or very low risk on the

• Page 6, Line 16validated risk assessment instrument developed pursuant to section

• Page 6, Line 1717-22.5-404 (2), the inmate meets readiness criteria established by the

• Page 6, Line 18board, and victim notification is not required pursuant to section 24-4.1-302.5; or

• Page 6, Line 19(E)  The inmate is subject to subsection (19) of this section.

• Page 6, Line 20(5) (c) (II)  Except if the offender is subject to subsection (19) of

• Page 6, Line 21this section, If the offender fails to pay the restitution, he or she the

• Page 7, Line 1offender may be returned to the board and, upon proof of failure to pay, the board shall:

• Page 7, Line 2(5.5) (d) (I)  If a chemical test administered pursuant to the

• Page 7, Line 3requirements of this subsection (5.5) reflects the presence of drugs or

• Page 7, Line 4alcohol, the parolee may be required to participate at his own expense in

• Page 7, Line 5an appropriate drug or alcohol program; community correctional

• Page 7, Line 6nonresidential program; mental health program; certified recovery

• Page 7, Line 7residence, as defined in section 27-80-129; or other fee-based or non-fee-based treatment program approved by the parole board.

• Page 7, Line 8(5.7)  If, as a condition of parole, an offender is required to

• Page 7, Line 9undergo counseling, or treatment, or participate in a certified

• Page 7, Line 10recovery residence, as defined in section 27-80-129, unless the

• Page 7, Line 11parole board determines that treatment at another facility or with another

• Page 7, Line 12person is warranted, the treatment or counseling must be at a facility or with a person:

• Page 7, Line 13(a)  Approved by the behavioral health administration in the

• Page 7, Line 14department of human services if the treatment is for alcohol or drug abuse or a certified recovery residence, as defined in section 27-80-129;

• Page 7, Line 15(19) (a)  Except as provided in subsection (19)(b) of this section,

• Page 7, Line 16if a person has an approved parole plan, has been assessed to be low or

• Page 7, Line 17very low risk on the validated risk assessment scale developed pursuant

• Page 7, Line 18to section 17-22.5-404 (2), and the parole release guidelines recommend

• Page 7, Line 19release, the parole board may deny parole only by a majority vote of the full parole board.

• Page 7, Line 20(b)  An inmate is not eligible for release pursuant to subsection

• Page 7, Line 21(19)(a) of this section if he or she has had a class I code of penal

• Page 7, Line 22discipline violation within the previous twelve months from the date of

• Page 8, Line 1consideration by the parole board or since incarceration, whichever is

• Page 8, Line 2shorter; has been terminated for lack of progress or has declined in

• Page 8, Line 3writing to participate in programs that have been recommended and made

• Page 8, Line 4available to the inmate within the previous twelve months or since

• Page 8, Line 5incarceration, whichever is shorter; has been regressed from community

• Page 8, Line 6corrections or revoked from parole within the previous one hundred

• Page 8, Line 7eighty days; is required to be considered by the full board for release; or has a pending felony charge, detainer, or an extraditable warrant.

• Page 8, Line 8(c)  If the parole board denies parole to an inmate pursuant to

• Page 8, Line 9subsection (19)(a) of this section, the board shall submit to the department the basis for the denial in writing.

• Page 8, Line 10SECTION 5.  In Colorado Revised Statutes, 17-2-203, amend

• Page 8, Line 11(1.5)(c), (11)(c) introductory portion, and (11)(e); and add (11)(c)(III) as follows:

• Page 8, Line 1217-2-103.  Arrest of parolee - revocation proceedings.

• Page 8, Line 13(1.5) (c)  A community parole officer shall also make referrals to any

• Page 8, Line 14needed treatment, certified recovery residence, as defined in

• Page 8, Line 15section 27-80-129, or other support services that may help a parolee

• Page 8, Line 16become compliant with the conditions of parole and succeed in

• Page 8, Line 17reintegrating into society. For the purposes of this section, testing positive for the use of illegal drugs is considered a technical violation of parole.

• Page 8, Line 18(11) (c)  If the board determines that the parolee is in need of

• Page 8, Line 19treatment, the board shall consider placing the parolee in one of the

• Page 8, Line 20following treatment or recovery options and, if appropriate, may modify the conditions of parole to include:

• Page 8, Line 21(III)  Placement in a certified recovery residence, as

• Page 8, Line 22defined in section 27-80-129.

• Page 9, Line 1(e)  If the parolee is unsuccessful in participating in a treatment or

• Page 9, Line 2recovery program ordered pursuant to paragraph (c) of this subsection

• Page 9, Line 3(11) subsection (11)(c) of this section and his or her the parolee's

• Page 9, Line 4participation is terminated, the board may consider placement of the

• Page 9, Line 5parolee in additional treatment, as appropriate, including a higher level of

• Page 9, Line 6treatment or in a certified recovery residence, as defined in section 27-80-129.

• Page 9, Line 8SECTION 6.  In Colorado Revised Statutes, 18-1.3-301, add (2)(b.5) as follows:

• Page 9, Line 918-1.3-301.  Authority to place offenders in community

• Page 9, Line 10corrections program. (2) (b.5)  If an offender eligible for referral

• Page 9, Line 11under this subsection (2) has a warrant or detainer, the

• Page 9, Line 12executive director of the department of corrections shall

• Page 9, Line 13delay referral and notify the public defender liaison to

• Page 9, Line 14determine if the warrant or detainer may be resolved. The

• Page 9, Line 15public defender liaison shall notify the department of

• Page 9, Line 16corrections of the outcome, and, if the warrant or detainer is

• Page 9, Line 17removed, the department shall make a referral as required by subsection (2)(b) of this section.

• Page 9, Line 18SECTION 7.  In Colorado Revised Statutes, 17-33-101, add (7)(f.5)(IV.5)(C) as follows:

• Page 9, Line 1917-33-101. Reentry planning and programs for adult parole -

• Page 9, Line 20grant program - appropriation - rules - definition - repeal.

• Page 9, Line 21(7) (f.5) (IV.5) (C)  From the savings from the enactment of House

• Page 9, Line 22Bill 25-1214, the general assembly shall appropriate $886,023 to

• Page 9, Line 23the fund for fiscal year 2025-26 and $2,707,387 to the fund for fiscal year 2026-27.

• Page 10, Line 1SECTION 8.  Appropriation - adjustments to 2025 long bill.

• Page 10, Line 2(1)  To implement this act, appropriations made in the annual general

• Page 10, Line 3appropriation act for the 2025-26 state fiscal year to the department of corrections are adjusted as follows:

• Page 10, Line 4(a)  The general fund appropriation for use by the executive

• Page 10, Line 5director's office for payments to in-state private prisons is decreased by $946,497; and

• Page 10, Line 6(b)  The general fund appropriation for use by community services

• Page 10, Line 7for operating expenses related to the parole subprogram is decreased by $31,017.

• Page 10, Line 8(2) For the 2025-26 state fiscal year, $886,023 is appropriated to

• Page 10, Line 9the community-based reentry services cash fund created in section 17-33-

• Page 10, Line 10101 (7)(f.5)(I), C.R.S.. This appropriation is from the general fund. The

• Page 10, Line 11department of corrections is responsible for the accounting related to this appropriation.

• Page 10, Line 12(3)  For the 2025-26 state fiscal year, $75,448 is appropriated to

• Page 10, Line 13the judicial department for use by probation and related services division.

• Page 10, Line 14This appropriation is from the general fund and is based on an assumption

• Page 10, Line 15that the division will require an additional 0.8 FTE. To implement this act, the division may use this appropriation for probation programs.

• Page 10, Line 16SECTION 9.  Act subject to petition - effective date -

• Page 10, Line 17applicability. (1)  This act takes effect September 1, 2025; except that,

• Page 10, Line 18if a referendum petition is filed pursuant to section 1 (3) of article V of

• Page 10, Line 19the state constitution against this act or an item, section, or part of this act

• Page 10, Line 20within the ninety-day period after final adjournment of the general

• Page 10, Line 21assembly, then the act, item, section, or part will not take effect unless

• Page 11, Line 1approved by the people at the general election to be held in November

• Page 11, Line 22026 and, in such case, will take effect January 1, 2027, or on the date of

• Page 11, Line 3the official declaration of the vote thereon by the governor, whichever is later.

• Page 11, Line 4(2)  This act applies to sentences entered and parole board hearings held on or after the applicable effective date of this act.