A Bill for an Act
Page 1, Line 101Concerning measures to make appropriate use of prison beds.
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 2, Line 10(d) Making changes to internal processes within the department
Page 2, Line 11of corrections and parole board can result in better utilization of prison
Page 2, Line 12beds;
Page 3, Line 1(e) 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(f) 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(g) 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 3, Line 24(h) Current law allows the parole board to deny parole to an
Page 4, Line 1inmate by a majority vote of the parole board when the inmate is assessed
Page 4, Line 2to be low or very low risk, has good institutional conduct, is program
Page 4, Line 3compliant, has an approved parole plan, has not been regressed from
Page 4, Line 4community corrections or parole within the past 180 days, does not have
Page 4, Line 5a warrant or detainer, and the parole release guidelines recommend
Page 4, Line 6release. Requiring that the inmate have an approved parole plan prior to
Page 4, Line 7release, rather than at the time of the parole hearing, provides greater
Page 4, Line 8flexibility for the parole board to work with the department of corrections
Page 4, Line 9if the parole board believes the parole plan is not adequate. Similarly, the
Page 4, Line 10criteria that makes an inmate ineligible for parole due to a warrant or
Page 4, Line 11detainer was enacted prior to the creation of the public defender liaison,
Page 4, Line 12and this exclusionary criterion should only be applied if the public defender liaison is unable to resolve the warrant or detainer.
Page 4, Line 13SECTION 2. In Colorado Revised Statutes, 16-11-301, amend (1); and add (5) as follows:
Page 4, Line 1416-11-301. Sentences - commitments - correctional facilities -
Page 4, Line 15county jail - age limit. (1) (a) As a general rule, imprisonment for the
Page 4, Line 16conviction of a felony by an adult offender
shall bePage 4, Line 17confinement in an appropriate facility as determined by the executive
Page 4, Line 18director of the department of corrections. In such cases, the court
willPage 4, Line 19shall sentence the offender to the custody of the executive director of the department of corrections.
Page 4, Line 20(b) Prior to the imposition of a sentence to the
Page 4, Line 21department of corrections for a conviction of a class 5 felony,
Page 4, Line 22class 6 felony, class 3 drug felony, or class 4 drug felony at
Page 4, Line 23sentencing or resentencing after a revocation of probation or
Page 4, Line 24community corrections sentence, the court shall determine
Page 5, Line 1whether incarceration is the most suitable option given the facts and circumstances of the case.
Page 5, Line 3(5) Unless the prison sentence is the result of a stipulated
Page 5, Line 4plea agreement for an exact number of years in prison, if a
Page 5, Line 5sentencing court receives a notice from the executive director
Page 5, Line 6of the department of corrections pursuant to section 17-1-103
Page 5, Line 7(1)(s) that, at the time of admission, an offender sentenced to
Page 5, Line 8prison by the court is either past or within ninety days of the
Page 5, Line 9offender's parole eligibility date in the sentenced case, the
Page 5, Line 10court shall notify counsel for the defendant and the
Page 5, Line 11prosecution and request that the defendant file a motion if the
Page 5, Line 12defendant wants to move for reconsideration. If the court
Page 5, Line 13receives a motion for reconsideration, the court shall schedule
Page 5, Line 14a hearing on the motion within thirty-five days after filing and,
Page 5, Line 15at the hearing, may impose an alternative sentence.This hearing is subject to part 3 of article 4.1 of title 24.
Page 5, Line 16SECTION 3. In Colorado Revised Statutes, 17-1-103, add (1)(s) as follows:
Page 5, Line 1717-1-103. Duties of the executive director. (1) The duties of the executive director are:
Page 5, Line 18(s) If an offender is admitted to the custody of the
Page 5, Line 19executive director as a new court commitment serving a
Page 5, Line 20sentence where the controlling sentence is for a class 5 or
Page 5, Line 21class 6 felony or a class 3 or class 4 drug felony and the
Page 5, Line 22offender is determined by the department at admission to be past
Page 5, Line 23or within ninety days of the offender's parole eligibility date,
Page 6, Line 1the department shall notify the sentencing court within
Page 6, Line 2fourteen days after admission and provide the court with
Page 6, Line 3information on the parole eligibility date, the mandatory
Page 6, Line 4release date, and the results of any intake assessments for the offender.
Page 6, Line 5SECTION 4. In Colorado Revised Statutes, 17-2-201, amend
Page 6, Line 6(3)(h.1)(I), (4)(f)(I)(B), (4)(f)(I)(C), (5)(c)(II) introductory portion,
Page 6, Line 7(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 6, Line 817-2-201. State board of parole - duties - definitions. (3) The
Page 6, Line 9chairperson, in addition to other provisions of law, has the following powers and duties:
Page 6, Line 10(h.1) To contract with qualified individuals to serve as release hearing officers:
Page 6, Line 11(I) To conduct parole application hearings for inmates convicted
Page 6, Line 12of class 4, class 5, or class 6 felonies or level 3 or level 4 drug felonies
Page 6, Line 13who have been assessed to be less than high risk by the Colorado risk
Page 6, Line 14assessment scale developed pursuant to section 17-22.5-404 (2)(a);
orPage 6, Line 15
hearings pursuant to subsection (19) of this section pursuant to rules adopted by the parole board;Page 6, Line 16(4) The board has the following powers and duties:
Page 6, Line 17(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 18(B) A detainer from the United States immigration and customs
Page 6, Line 19enforcement agency has been filed with the department, the inmate meets
Page 6, Line 20the criteria for the presumption of parole in section 17-22.5-404.7, and
Page 6, Line 21victim notification is not required pursuant to section 24-4.1-302.5; or
Page 7, Line 1(C) The inmate has a statutory discharge date or mandatory
Page 7, Line 2release date within six months after
his or herPage 7, Line 3ordinarily scheduled parole hearing and victim notification is not required pursuant to section 24-4.1-302.5.
Page 7, Line 4(D)
The inmate is assessed to be a low or very low risk on thePage 7, Line 5
validated risk assessment instrument developed pursuant to sectionPage 7, Line 6
17-22.5-404 (2), the inmate meets readiness criteria established by thePage 7, Line 7
board, and victim notification is not required pursuant to section 24-4.1-302.5; orPage 7, Line 8(E)
The inmate is subject to subsection (19) of this section.Page 7, Line 9(5) (c) (II)
Except if the offender is subject to subsection (19) ofPage 7, Line 10
this section,he or shePage 7, Line 11offender may be returned to the board and, upon proof of failure to pay, the board shall:
Page 7, Line 12(5.5) (d) (I) If a chemical test administered pursuant to the
Page 7, Line 13requirements of this subsection (5.5) reflects the presence of drugs or
Page 7, Line 14alcohol, the parolee may be required to participate
at his own expensePage 7, Line 15an appropriate drug or alcohol program; community correctional
Page 7, Line 16nonresidential program; mental health program; certified recovery
Page 7, Line 17residence, 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 18(5.7) If, as a condition of parole, an offender is required to
Page 7, Line 19undergo counseling,
orPage 7, Line 20recovery residence, as defined in section 27-80-129, unless the
Page 7, Line 21parole board determines that treatment at another facility or with another
Page 7, Line 22person is warranted, the treatment or counseling must be at a facility or
Page 7, Line 23with a person:
Page 8, Line 1(a) Approved by the behavioral health administration in the
Page 8, Line 2department 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 8, Line 3(19)
(a) Except as provided in subsection (19)(b) of this section,Page 8, Line 4
if a person has an approved parole plan, has been assessed to be low orPage 8, Line 5
very low risk on the validated risk assessment scale developed pursuantPage 8, Line 6
to section 17-22.5-404 (2), and the parole release guidelines recommendPage 8, Line 7
release, the parole board may deny parole only by a majority vote of the full parole board.Page 8, Line 8
(b) An inmate is not eligible for release pursuant to subsectionPage 8, Line 9
(19)(a) of this section if he or she has had a class I code of penalPage 8, Line 10
discipline violation within the previous twelve months from the date ofPage 8, Line 11
consideration by the parole board or since incarceration, whichever isPage 8, Line 12
shorter; has been terminated for lack of progress or has declined inPage 8, Line 13
writing to participate in programs that have been recommended and madePage 8, Line 14
available to the inmate within the previous twelve months or sincePage 8, Line 15
incarceration, whichever is shorter; has been regressed from communityPage 8, Line 16
corrections or revoked from parole within the previous one hundredPage 8, Line 17
eighty 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 18
(c) If the parole board denies parole to an inmate pursuant toPage 8, Line 19
subsection (19)(a) of this section, the board shall submit to the department the basis for the denial in writing.Page 8, Line 20SECTION 5. In Colorado Revised Statutes, 17-2-203, amend
Page 8, Line 21(1.5)(c), (11)(c) introductory portion, and (11)(e); and add (11)(c)(III) as follows:
Page 8, Line 2217-2-103. Arrest of parolee - revocation proceedings.
Page 9, Line 1(1.5) (c) A community parole officer shall also make referrals to any
Page 9, Line 2needed treatment, certified recovery residence, as defined in
Page 9, Line 3section 27-80-129, or other support services that may help a parolee
Page 9, Line 4become compliant with the conditions of parole and succeed in
Page 9, Line 5reintegrating into society. For the purposes of this section, testing positive for the use of illegal drugs is considered a technical violation of parole.
Page 9, Line 6(11) (c) If the board determines that the parolee is in need of
Page 9, Line 7treatment, the board shall consider placing the parolee in one of the
Page 9, Line 8following treatment or recovery options and, if appropriate, may modify the conditions of parole to include:
Page 9, Line 9(III) Placement in a certified recovery residence, as defined in section 27-80-129.
Page 9, Line 10(e) If the parolee is unsuccessful in participating in a treatment or
Page 9, Line 11recovery program ordered pursuant to
paragraph (c) of this subsectionPage 9, Line 12
(11)his or herPage 9, Line 13participation is terminated, the board may consider placement of the
Page 9, Line 14parolee in additional treatment, as appropriate, including a higher level of
Page 9, Line 15treatment or in a certified recovery residence, as defined in section 27-80-129.
Page 9, Line 16SECTION 6. In Colorado Revised Statutes, add 17-22.5-404.9 as follows:
Page 9, Line 1717-22.5-404.9. Presumption of parole - low- and very low-risk
Page 9, Line 18offenders - assessment - report. (1) There is a presumption, subject
Page 9, Line 19to the final discretion of the parole board, in favor of granting
Page 9, Line 20parole at the first or a subsequent parole application hearing to an inmate who has reached their parole eligibility date and who:
Page 9, Line 21(a) Has been assessed to be low or very low risk on the
Page 10, Line 1validated risk assessment scale developed pursuant to section
Page 10, Line 217-22.5-404 (2)(a), and the administrative release guideline
Page 10, Line 3instrument developed pursuant to section 17-22.5-107 (1) recommends release;
Page 10, Line 4(b) Has not incurred a class I code of penal discipline
Page 10, Line 5violation within the previous twelve months after the date of
Page 10, Line 6consideration by the parole board or since incarceration, whichever is shorter;
Page 10, Line 7(c) Has not, within the twelve months preceding the
Page 10, Line 8inmate's parole application hearing, declined in writing to
Page 10, Line 9participate in programs that have been recommended and made available to the inmate;
Page 10, Line 10(d) Was not convicted of a class 1 drug felony offense, a
Page 10, Line 11class 1, class 2, or class 3 felony offense, and is not serving an indeterminate sentence pursuant to section 18-1.3-1004; and
Page 10, Line 12(e) Has not been regressed from community corrections or
Page 10, Line 13revoked from parole within the previous one hundred eighty days.
Page 10, Line 14(2) If the department did not submit an approved parole
Page 10, Line 15plan prior to the parole application hearing or the parole board
Page 10, Line 16considers the submitted parole plan to be inadequate, the parole
Page 10, Line 17board or an individual member of the parole board shall not deny parole and shall proceed pursuant to section 17-2-201 (20).
Page 10, Line 18(3) If an inmate who otherwise meets the criteria of
Page 10, Line 19subsection (1) of this section has a detainer or a warrant, the
Page 10, Line 20parole board shall delay the hearing decision or order a
Page 10, Line 21conditional release and notify the department, which shall
Page 11, Line 1notify the public defender liaison to determine if the warrant or
Page 11, Line 2detainer may be resolved. The public defender liaison shall
Page 11, Line 3notify the parole board of the outcome, and, if the warrant or
Page 11, Line 4detainer has been removed, the parole board may order release
Page 11, Line 5of the inmate. If the detainer or warrant is not able to be
Page 11, Line 6resolved, the parole board may only release the inmate to the custody of the agency that issued the warrant or detainer.
Page 11, Line 7(4) If the administrative release guideline instrument
Page 11, Line 8developed pursuant to section 17-22.5-107 (1) recommends
Page 11, Line 9release, the parole board shall only deny parole by a majority
Page 11, Line 10vote of the full parole board.The parole board shall not deny
Page 11, Line 11parole for not completing treatment or a program that can be ordered as a condition of parole.
Page 11, Line 12(5) If the parole board denies parole to an inmate
Page 11, Line 13pursuant to this section, the parole board shall submit to the department and the inmate the reasons for the denial in writing.
Page 11, Line 14(6) The department shall ensure that every inmate has
Page 11, Line 15been assessed on the validated risk assessment scale developed
Page 11, Line 16pursuant to section 17-22.5-404 (2) and that the parole board has
Page 11, Line 17the results of that assessment prior to an inmate's parole application hearing.
Page 11, Line 18(7) The parole board shall provide a monthly report to
Page 11, Line 19the department for inclusion in the department's monthly
Page 11, Line 20reports on the number of hearings conducted that met the
Page 11, Line 21criteria pursuant to this section; the number of decisions by the
Page 11, Line 22parole board to grant parole, defer parole, or delay the
Page 11, Line 23hearing; and, if parole was deferred or the hearing delayed, the
Page 12, Line 1general reason for the deferral or delay. The information must
Page 12, Line 2be provided both for the reporting month and year to date. The report is posted on the department's website.
Page 12, Line 3(8) Any parole hearing conducted pursuant to this section is subject to part 3 of article 4.1 of title 24.
Page 12, Line 4(9) This presumption of parole does not apply to an
Page 12, Line 5otherwise eligible inmate who is in the residential phase of a
Page 12, Line 6community corrections program and subject to section 17-2-201 (17).
Page 12, Line 7SECTION 7. In Colorado Revised Statutes, 18-1.3-301, add (2)(b.5) as follows:
Page 12, Line 818-1.3-301. Authority to place offenders in community
Page 12, Line 9corrections program. (2) (b.5) If an offender eligible for referral
Page 12, Line 10under this subsection (2) has a warrant or detainer, the
Page 12, Line 11executive director of the department of corrections shall
Page 12, Line 12delay referral and notify the public defender liaison to
Page 12, Line 13determine if the warrant or detainer may be resolved. The
Page 12, Line 14public defender liaison shall notify the department of
Page 12, Line 15corrections of the outcome, and, if the warrant or detainer is
Page 12, Line 16removed, the department shall make a referral as required by subsection (2)(b) of this section.
Page 12, Line 17SECTION 8. Act subject to petition - effective date -
Page 12, Line 18applicability. (1) This act takes effect September 1, 2025; except that,
Page 12, Line 19if a referendum petition is filed pursuant to section 1 (3) of article V of
Page 12, Line 20the state constitution against this act or an item, section, or part of this act
Page 12, Line 21within the ninety-day period after final adjournment of the general
Page 12, Line 22assembly, then the act, item, section, or part will not take effect unless
Page 13, Line 1approved by the people at the general election to be held in November
Page 13, Line 22026 and, in such case, will take effect January 1, 2027, or on the date of
Page 13, Line 3the official declaration of the vote thereon by the governor, whichever is later.
Page 13, Line 4(2) This act applies to sentences entered and parole board hearings held on or after the applicable effective date of this act.