A Bill for an Act
Page 1, Line 101Concerning the creation of an advisory council for persons
Page 1, Line 102who are incarcerated.
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.)
The bill creates the legislation inside advisory council (council) to identify, examine, and discuss the issues, interests, and needs affecting people who are incarcerated and to formally advise and make recommendations to the general assembly regarding those issues, interests, and needs.
The bill:
- Requires the council, in conjunction with the director of the legislative council, to use a request for proposal process to contract with and designate a nonprofit organization to assist the council;
- Establishes membership requirements of the council;
- Outlines the duties of the council, including reporting requirements;
- Requires the council to report during the department of corrections' annual "SMART Act" presentation to the judiciary committees of the senate and house of representatives, beginning in January of 2027; and
- Creates an advisory review committee, consisting of 5 voting legislative members and 5 nonvoting council members to meet no more than 3 times during the interim and recommend no more than 3 bills during each interim.
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. In Colorado Revised Statutes, add part 24 to article 2 of title 2 as follows:
Page 2, Line 3PART 24
LEGISLATION INSIDE ADVISORY COUNCIL
Page 2, Line 42-2-2401. Short title.The short title of this part 24 is the "Legislation Inside Advisory Council Act".
Page 2, Line 52-2-2402. Definitions.As used in this part 24, unless the context otherwise requires:
Page 2, Line 6(1) "Correctional facility" has the same meaning as set forth in section 17-1-102 (1.7).
Page 2, Line 7(2) "Council" means the legislation inside advisory council created in section 2-2-2403.
Page 2, Line 8(3) "Designated organization" means the nonprofit organization designated pursuant to section 2-2-2405.
Page 2, Line 9(4) "Private contract prison" has the same meaning as set
Page 2, Line 10forth in section 17-1-102 (7.3).
Page 3, Line 1(5) "Review committee" means the legislation inside advisory council review committee created in section 2-2- 2407.
Page 3, Line 22-2-2403. Legislation inside advisory council - creation -
Page 3, Line 3purpose. (1) There is created in the legislative branch the legislation inside advisory council.
Page 3, Line 4(2) The intent of the legislation inside advisory council is
Page 3, Line 5to provide people who are incarcerated with the opportunity to
Page 3, Line 6identify, examine, and discuss the issues, interests, and needs
Page 3, Line 7that directly affect them and to have a recognized opinion on
Page 3, Line 8legislation and policies that affect their lives, their families'
Page 3, Line 9lives, their communities, and the public. Therefore, the purpose
Page 3, Line 10of the council is to identify, examine, and discuss the issues,
Page 3, Line 11interests, and needs affecting people who are incarcerated and
Page 3, Line 12to formally advise and make recommendations to the general assembly regarding those issues, interests, and needs.
Page 3, Line 132-2-2404. Membership - selection - terms - repeal. (1) The council consists of the following members:
Page 3, Line 14(a) Four nonvoting legislative members, two of whom are
Page 3, Line 15members of the senate and two of whom are members of the house of representatives;
Page 3, Line 16(b) Forty voting nonlegislative members, all of whom
Page 3, Line 17must be incarcerated in a correctional facility or private
Page 3, Line 18contract prison at the time of their appointment and for the
Page 3, Line 19duration of their term. The nonlegislative membership described in this subsection (1)(b) must:
Page 3, Line 20(I) Include people who are incarcerated in men's
Page 3, Line 21correctional facilities or private contract prisons and people
Page 4, Line 1who are incarcerated in women's correctional facilities or private contract prisons;
Page 4, Line 2(II) Include people who are incarcerated in different
Page 4, Line 3levels of security at correctional facilities or private contract prisons; and
Page 4, Line 4(III) To the extent practicable, reflect the demographic diversity of the state; and
Page 4, Line 5(c) The executive director of the department of corrections, or the executive director's designee.
Page 4, Line 6(2) (a) Legislative members of the council are appointed as follows:
Page 4, Line 7(I) On or before December 31, 2025, and on or before
Page 4, Line 8December 31 every two years thereafter, the president and
Page 4, Line 9minority leader of the senate shall each appoint one member from the senate; and
Page 4, Line 10(II) On or before December 31, 2025, and on or before
Page 4, Line 11December 31 every two years thereafter, the speaker and
Page 4, Line 12minority leader of the house of representatives shall each appoint one member from the house of representatives.
Page 4, Line 13(b) Nonlegislative members of the council are appointed as follows:
Page 4, Line 14(I) (A) On or before September 15, 2025, the designated
Page 4, Line 15organization shall collaborate with the department of
Page 4, Line 16corrections to adopt an application process for interested and
Page 4, Line 17eligible people to apply for appointment to the council,
Page 4, Line 18including the content and availability of the application form,
Page 4, Line 19selection criteria, and an application review process.
Page 5, Line 1(B) On or before October 1, 2025, a person who meets the
Page 5, Line 2eligibility criteria set forth in this section may apply to the
Page 5, Line 3designated organization for appointment to the council. On or
Page 5, Line 4before December 31, 2025, the designated organization shall appoint nonlegislative members to the council.
Page 5, Line 5(C) This subsection (2)(b)(I) is repealed, effective July 1, 2027.
Page 5, Line 6(II) (A) On or before April 1, 2026, the council shall
Page 5, Line 7collaborate with the department of corrections to adopt a
Page 5, Line 8policy concerning council terms, including term duration; term
Page 5, Line 9limits, if any; and removal proceedings. By October 1, 2026, the
Page 5, Line 10council shall appoint council membership pursuant to the policy. The council may amend the policy.
Page 5, Line 11(B) The council shall collaborate with the department of
Page 5, Line 12corrections to adopt an application process for interested and
Page 5, Line 13eligible people to apply for appointment to the council,
Page 5, Line 14including the content and availability of the application form, selection criteria, and an application review process.
Page 5, Line 15(C) The council shall collaborate with the department of
Page 5, Line 16corrections to develop a policy and process for sharing information necessary for the purposes of this part 24.
Page 5, Line 17(III) (A) Subject to available appropriations, legislative
Page 5, Line 18members of the council must be compensated for council meeting
Page 5, Line 19attendance in the same manner as provided in section 2-2-307 for
Page 5, Line 20legislative members attending meetings during the legislative
Page 5, Line 21interim. All expenditures incurred by the council must be
Page 5, Line 22approved by the chair of the legislative council and paid for by
Page 6, Line 1vouchers and warrants drawn as provided by law from money
Page 6, Line 2allocated to the legislative council for legislative committees from appropriations made by the general assembly.
Page 6, Line 3(B) Nonlegislative members serve without compensation
Page 6, Line 4but may be reimbursed for expenses directly relating to their service on the council.
Page 6, Line 5(3) (a) If a vacancy of a legislative member occurs, the
Page 6, Line 6appointing authority of the vacated seat shall promptly appoint a new member to complete the term.
Page 6, Line 7(b) The council shall adopt, and may amend, a vacancy
Page 6, Line 8policy. If a vacancy of a nonlegislative member occurs, the seat must be appointed pursuant to the vacancy policy.
Page 6, Line 9(4) The council shall adopt, and may amend, written
Page 6, Line 10bylaws setting forth a leadership structure. The council shall
Page 6, Line 11appoint members to serve in any leadership roles as described in its bylaws.
Page 6, Line 122-2-2405. Duties - meetings - community outreach -
Page 6, Line 13designation of organization to accept donations - authority to contract - legislative intent. (1) The council shall:
Page 6, Line 14(a) Identify, examine, and discuss the issues, interests, and needs affecting people who are incarcerated; and
Page 6, Line 15(b) Make recommendations for legislation or alternative policy solutions regarding those issues, interests, and needs.
Page 6, Line 16(2) (a) On or before September 1, 2025, the council shall,
Page 6, Line 17in conjunction with the director of the legislative council, use
Page 6, Line 18a request for proposal process to contract with and designate
Page 6, Line 19a nonprofit organization to provide staffing, administrative,
Page 7, Line 1and operational assistance and to serve as the custodian of
Page 7, Line 2money donated to the council through the designated
Page 7, Line 3organization. The designated organization selected following
Page 7, Line 4the 2025 request for proposal process shall, pursuant to one or
Page 7, Line 5more contracts, provide the staffing, administrative,
Page 7, Line 6operational, and custodian services through June 30, 2030.
Page 7, Line 7Thereafter, the council shall, in conjunction with the director
Page 7, Line 8of the legislative council, on or before April 15, 2030, and on or
Page 7, Line 9before every second April 15 thereafter, use a request for
Page 7, Line 10proposal process to contract with and designate a nonprofit
Page 7, Line 11organization to provide staffing, administrative, operational,
Page 7, Line 12and custodian services. The term of each contract entered into
Page 7, Line 13for a term commencing on or after July 1, 2030, is two state
Page 7, Line 14fiscal years; except that a contract may be extended for one
Page 7, Line 15additional two-year term. If a contract is extended, the request
Page 7, Line 16for proposal for the next contract must be issued on or before
Page 7, Line 17the April 15 immediately preceding the expiration of the
Page 7, Line 18extension term. The designated organization is authorized to
Page 7, Line 19expend any money it receives as is necessary to provide staffing,
Page 7, Line 20administrative, operational, and custodian services for the
Page 7, Line 21council. The designated organization and the council may
Page 7, Line 22solicit and accept monetary and in-kind gifts, grants, and
Page 7, Line 23donations used to further the council's duties and
Page 7, Line 24responsibilities. Any money donated or awarded to the
Page 7, Line 25designated organization for the benefit of the council is not
Page 7, Line 26subject to appropriation by the general assembly. Any money
Page 7, Line 27obtained by the council or the designated organization, that is
Page 8, Line 1unexpended and unencumbered at the time the council is
Page 8, Line 2dissolved, must be distributed according to appropriate federal
Page 8, Line 3and state laws governing nonprofit organizations. If a different
Page 8, Line 4nonprofit or private organization is subsequently designated as
Page 8, Line 5the custodian of donated money, any money that is unexpended
Page 8, Line 6and unencumbered at the time of the change in designation must
Page 8, Line 7be promptly transferred by the previously designated organization to the newly designated organization.
Page 8, Line 8(b) The council and the director of the legislative council
Page 8, Line 9shall consult with the executive director of the department of
Page 8, Line 10corrections during the request for proposal process pursuant
Page 8, Line 11to subsection (2)(a) of this section to ensure that designated
Page 8, Line 12organization applicants satisfy department of corrections'
Page 8, Line 13requirements, including requirements for third parties that work with people who are incarcerated.
Page 8, Line 14(c) The designated organization, on behalf of the council,
Page 8, Line 15may provide or accept in-kind staff support from nonprofit
Page 8, Line 16agencies or private organizations, including itself, or may
Page 8, Line 17contract with outside entities for the purpose of providing staff
Page 8, Line 18support to assist the council in conducting its duties and
Page 8, Line 19responsibilities. Any staff support personnel provided by the
Page 8, Line 20designated organization or a nonprofit agency or private
Page 8, Line 21organization, either donated or engaged through a contract, are not considered employees of the council or the state.
Page 8, Line 22(3) (a) The council must meet at least three times per
Page 8, Line 23month. Meetings may be held through the use of audio-visual
Page 8, Line 24communication technology.
Page 9, Line 1(b) A legislative member shall attend at least one meeting per quarter.
Page 9, Line 2(4) The council may develop rules and procedures to govern its activities.
Page 9, Line 3(5) The designated organization, on behalf of the council,
Page 9, Line 4shall utilize news outlets and publications, public awareness
Page 9, Line 5campaigns, and a website to develop and maintain regular
Page 9, Line 6communication concerning its activities with the incarcerated population of the state, the state, and interested parties.
Page 9, Line 7(6) The designated organization, on behalf of the council,
Page 9, Line 8may collaborate with any person or entity that the council
Page 9, Line 9deems appropriate to assist the council in performing its duties.
Page 9, Line 10A state or local entity that is requested to provide assistance
Page 9, Line 11to the council in performing the council's duties shall assist the
Page 9, Line 12council to the extent the assistance provided by the state or
Page 9, Line 13local entity is consistent with the state's or local entity's duties and law.
Page 9, Line 14(7) The designated organization, on behalf of the council,
Page 9, Line 15is authorized to contract with the designated organization or
Page 9, Line 16other nonprofit for the implementation of this part 24. Any
Page 9, Line 17contract entered into by the council must be signed by the chair of the review committee and the chair of the legislative council.
Page 9, Line 18(8) Within existing resources, the department of
Page 9, Line 19corrections shall provide the council or designated
Page 9, Line 20organization any necessary staff support, meeting space, and audio-visual communication technology resources.
Page 9, Line 21(9) It is the intent of the general assembly that no
Page 10, Line 1general fund money be appropriated for a contract with the
Page 10, Line 2designated organization for the performance of its duties
Page 10, Line 3pursuant to this part 24. The designated organization is solely
Page 10, Line 4responsible for the costs of providing the contracted services
Page 10, Line 5and performing its duties pursuant to this part 24. The
Page 10, Line 6designated organization may accept monetary or in-kind gifts,
Page 10, Line 7grants, and donations to defray the costs of providing the
Page 10, Line 8contracted services and performing its duties pursuant to this part 24.
Page 10, Line 92-2-2406. Report. (1) Beginning January 2027, and each
Page 10, Line 10January thereafter, the council shall report, at a minimum, the
Page 10, Line 11information described in subsection (2) of this section to the
Page 10, Line 12judiciary committees of the senate and the house of
Page 10, Line 13representatives, of their successor committees, as part of the
Page 10, Line 14department of correction's "SMART Act" presentation required pursuant to part 2 of article 7 of this title 2.
Page 10, Line 15(2) In its report, the council shall, at a minimum, describe the:
Page 10, Line 16(a) Issues, interests, and needs affecting people who are
Page 10, Line 17incarcerated that were identified, examined, and discussed by the council in the preceding year;
Page 10, Line 18(b) Council's recommendations for legislation or
Page 10, Line 19alternative policy solutions regarding those issues, interests, and needs; and
Page 10, Line 20(c) Results from the implementation of legislation or alternative policy solutions developed pursuant to this part 24.
Page 10, Line 21(3) In addition to reporting to the general assembly, the
Page 11, Line 1council shall submit its report to the executive director of the
Page 11, Line 2department of corrections, and any other person or entity that the council deems necessary as an interested party.
Page 11, Line 3(4) Notwithstanding the requirement in section 24-1-136
Page 11, Line 4(11)(a)(I), the requirement to submit the report required in this section continues indefinitely.
Page 11, Line 52-2-2407. Legislation inside advisory council review committee
Page 11, Line 6- created. (1) There is created in the legislative branch the
Page 11, Line 7legislation inside advisory council review committee to review
Page 11, Line 8the council's work and to recommend legislation regarding issues affecting people who are incarcerated.
Page 11, Line 9(2) (a) The review committee includes the following voting members:
Page 11, Line 10(I) The four legislative members of the council; and
Page 11, Line 11(II) One member of the legislative council, created in
Page 11, Line 12section 2-3-301, appointed by the chair of the legislative council
Page 11, Line 13on or before April 1, 2026, and on or before April 1 each year thereafter.
Page 11, Line 14(b) The review committee includes five nonvoting members of the council, appointed by the council.
Page 11, Line 15(3) In odd-numbered years, the president of the senate
Page 11, Line 16shall appoint the chair and the speaker of the house of
Page 11, Line 17representatives shall appoint the vice-chair of the review
Page 11, Line 18committee. In even-numbered years, the speaker shall appoint
Page 11, Line 19the chair and the president shall appoint the vice-chair of the
Page 11, Line 20review committee. The president and the speaker shall make the
Page 11, Line 21appointments on or before April 1, 2026, and on or before April 1 of each year thereafter.
Page 12, Line 1(4) The review committee shall not meet more than three
Page 12, Line 2times during each interim. A majority of voting members constitutes a quorum.
Page 12, Line 3(5) The review committee may not travel unless
Page 12, Line 4authorized by the executive committee of the legislative council.
Page 12, Line 5(6) The review committee may recommend up to a total of
Page 12, Line 6three bills during each interim. Legislation recommended by the
Page 12, Line 7review committee is treated as legislation recommended by an
Page 12, Line 8interim committee for purposes of applicable deadlines, bill
Page 12, Line 9introduction limits, and any other requirements imposed by the joint rules of the general assembly.
Page 12, Line 10(7) Voting members of the review committee are entitled
Page 12, Line 11to compensation pursuant to section 2-2-307. Subject to
Page 12, Line 12available funds, nonvoting members of the review committee may receive reimbursement for expenses.
Page 12, Line 13(8) The legislative council staff and the staff of the
Page 12, Line 14office of legislative legal services shall assist the review committee in carrying out its duties pursuant to this section.
Page 12, Line 15SECTION 2. Safety clause. The general assembly finds,
Page 12, Line 16determines, and declares that this act is necessary for the immediate
Page 12, Line 17preservation of the public peace, health, or safety or for appropriations for
Page 12, Line 18the support and maintenance of the departments of the state and state institutions.