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.
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; and
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.
Page 4, Line 5(2) (a) Legislative members of the council are appointed as follows:
Page 4, Line 6(I) On or before December 31, 2025, and on or before
Page 4, Line 7December 31 every two years thereafter, the president and
Page 4, Line 8minority leader of the senate shall each appoint one member from the senate; and
Page 4, Line 9(II) On or before December 31, 2025, and on or before
Page 4, Line 10December 31 every two years thereafter, the speaker and
Page 4, Line 11minority leader of the house of representatives shall each appoint one member from the house of representatives.
Page 4, Line 12(b) Nonlegislative members of the council are appointed as follows:
Page 4, Line 13(I) (A) On or before September 15, 2025, the designated
Page 4, Line 14organization shall adopt an application process for interested
Page 4, Line 15and eligible people to apply for appointment to the council,
Page 4, Line 16including the content and availability of the application form, selection criteria, and an application review process.
Page 4, Line 17(B) On or before October 1, 2025, a person who meets the
Page 4, Line 18eligibility criteria set forth in this section may apply to the
Page 4, Line 19designated organization for appointment to the council. On or
Page 5, Line 1before December 31, 2025, the designated organization shall appoint nonlegislative members to the council.
Page 5, Line 2(C) This subsection (2)(b)(I) is repealed, effective July 1, 2027.
Page 5, Line 3(II) (A) On or before April 1, 2026, the council shall adopt
Page 5, Line 4a policy concerning council terms, including term duration;
Page 5, Line 5term limits, if any; and removal proceedings. By October 1, 2026,
Page 5, Line 6the council shall appoint council membership pursuant to the policy. The council may amend the policy.
Page 5, Line 7(B) The council shall adopt an application process for
Page 5, Line 8interested and eligible people to apply for appointment to the
Page 5, Line 9council, including the content and availability of the
Page 5, Line 10application form, selection criteria, and an application review process.
Page 5, Line 11(III) (A) Subject to available appropriations, legislative
Page 5, Line 12members of the council must be compensated for council meeting
Page 5, Line 13attendance in the same manner as provided in section 2-2-307 for
Page 5, Line 14legislative members attending meetings during the legislative
Page 5, Line 15interim. All expenditures incurred by the council must be
Page 5, Line 16approved by the chair of the legislative council and paid for by
Page 5, Line 17vouchers and warrants drawn as provided by law from money
Page 5, Line 18allocated to the legislative council for legislative committees from appropriations made by the general assembly.
Page 5, Line 19(B) Nonlegislative members serve without compensation
Page 5, Line 20but may be reimbursed for expenses directly relating to their service on the council.
Page 5, Line 21(3) (a) If a vacancy of a legislative member occurs, the
Page 6, Line 1appointing authority of the vacated seat shall promptly appoint a new member to complete the term.
Page 6, Line 2(b) The council shall adopt, and may amend, a vacancy
Page 6, Line 3policy. If a vacancy of a nonlegislative member occurs, the seat must be appointed pursuant to the vacancy policy.
Page 6, Line 4(4) The council shall adopt, and may amend, written
Page 6, Line 5bylaws setting forth a leadership structure. The council shall
Page 6, Line 6appoint members to serve in any leadership roles as described in its bylaws.
Page 6, Line 72-2-2405. Duties - meetings - community outreach -
Page 6, Line 8designation of organization to accept donations - authority to contract. (1) The council shall:
Page 6, Line 9(a) Identify, examine, and discuss the issues, interests, and needs affecting people who are incarcerated; and
Page 6, Line 10(b) Make recommendations for legislation or alternative policy solutions regarding those issues, interests, and needs.
Page 6, Line 11(2) (a) On or before September 1, 2025, the council shall,
Page 6, Line 12in conjunction with the director of the legislative council, use
Page 6, Line 13a request for proposal process to contract with and designate
Page 6, Line 14a nonprofit organization to provide staffing, administrative,
Page 6, Line 15and operational assistance and to serve as the custodian of
Page 6, Line 16money donated to the council through the designated
Page 6, Line 17organization. The designated organization selected following
Page 6, Line 18the 2025 request for proposal process shall, pursuant to one or
Page 6, Line 19more contracts, provide the staffing, administrative,
Page 6, Line 20operational, and custodian services through June 30, 2030.
Page 6, Line 21Thereafter, the council shall, in conjunction with the director
Page 7, Line 1of the legislative council, on or before April 15, 2030, and on or
Page 7, Line 2before every second April 15 thereafter, use a request for
Page 7, Line 3proposal process to contract with and designate a nonprofit
Page 7, Line 4organization to provide staffing, administrative, operational,
Page 7, Line 5and custodian services. The term of each contract entered into
Page 7, Line 6for a term commencing on or after July 1, 2030, is two state
Page 7, Line 7fiscal years; except that a contract may be extended for one
Page 7, Line 8additional two-year term. If a contract is extended, the request
Page 7, Line 9for proposal for the next contract must be issued on or before
Page 7, Line 10the April 15 immediately preceding the expiration of the
Page 7, Line 11extension term. The designated organization is authorized to
Page 7, Line 12expend any money it receives as is necessary to provide staffing,
Page 7, Line 13administrative, operational, and custodian services for the
Page 7, Line 14council. The designated organization and the council may
Page 7, Line 15solicit and accept monetary and in-kind gifts, grants, and
Page 7, Line 16donations used to further the council's duties and
Page 7, Line 17responsibilities. Any money donated or awarded to the
Page 7, Line 18designated organization for the benefit of the council is not
Page 7, Line 19subject to appropriation by the general assembly. Any money
Page 7, Line 20obtained by the council or the designated organization, that is
Page 7, Line 21unexpended and unencumbered at the time the council is
Page 7, Line 22dissolved, must be distributed according to appropriate federal
Page 7, Line 23and state laws governing nonprofit organizations. If a different
Page 7, Line 24nonprofit or private organization is subsequently designated as
Page 7, Line 25the custodian of donated money, any money that is unexpended
Page 7, Line 26and unencumbered at the time of the change in designation must
Page 7, Line 27be promptly transferred by the previously designated organization to the newly designated organization.
Page 8, Line 1(b) The designated organization, on behalf of the council,
Page 8, Line 2may provide or accept in-kind staff support from nonprofit
Page 8, Line 3agencies or private organizations, including itself, or may
Page 8, Line 4contract with outside entities for the purpose of providing staff
Page 8, Line 5support to assist the council in conducting its duties and
Page 8, Line 6responsibilities. Any staff support personnel provided by the
Page 8, Line 7designated organization or a nonprofit agency or private
Page 8, Line 8organization, either donated or engaged through a contract, are not considered employees of the council or the state.
Page 8, Line 9(3) (a) The council must meet at least three times per
Page 8, Line 10month. Meetings may be held through the use of audio-visual communication technology.
Page 8, Line 11(b) A legislative member shall attend at least one meeting per quarter.
Page 8, Line 12(4) The council may develop rules and procedures to govern its activities.
Page 8, Line 13(5) The council shall utilize news outlets and
Page 8, Line 14publications, public awareness campaigns, and a website to
Page 8, Line 15develop and maintain regular communication concerning its
Page 8, Line 16activities with the incarcerated population of the state, the state, and interested parties.
Page 8, Line 17(6) The council may collaborate with any person or
Page 8, Line 18entity that the council deems appropriate to assist the council
Page 8, Line 19in performing its duties. A state or local entity that is
Page 8, Line 20requested to provide assistance to the council in performing the
Page 8, Line 21council's duties shall assist the council to the extent the
Page 9, Line 1assistance provided by the state or local entity is consistent with the state's or local entity's duties and law.
Page 9, Line 2(7) The council is authorized to contract with the
Page 9, Line 3designated organization or other nonprofit for the
Page 9, Line 4implementation of this part 24. Any contract entered into by the
Page 9, Line 5council must be signed by the chair of the review committee and the chair of the legislative council.
Page 9, Line 6(8) Within existing resources, the department of
Page 9, Line 7corrections shall provide the council or designated
Page 9, Line 8organization any necessary staff support, meeting space, and audio-visual communication technology resources.
Page 9, Line 92-2-2406. Report. (1) Beginning January 2027, and each
Page 9, Line 10January thereafter, the council shall report, at a minimum, the
Page 9, Line 11information described in subsection (2) of this section to the
Page 9, Line 12judiciary committees of the senate and the house of
Page 9, Line 13representatives, of their successor committees, as part of the
Page 9, Line 14department of correction's "SMART Act" presentation required pursuant to part 2 of article 7 of this title 2.
Page 9, Line 15(2) In its report, the council shall, at a minimum, describe the:
Page 9, Line 16(a) Issues, interests, and needs affecting people who are
Page 9, Line 17incarcerated that were identified, examined, and discussed by the council in the preceding year;
Page 9, Line 18(b) Council's recommendations for legislation or
Page 9, Line 19alternative policy solutions regarding those issues, interests, and needs; and
Page 9, Line 20(c) Results from the implementation of legislation or alternative policy solutions developed pursuant to this part 24.
Page 10, Line 1(3) In addition to reporting to the general assembly, the
Page 10, Line 2council shall submit its report to the executive director of the
Page 10, Line 3department of corrections, and any other person or entity that the council deems necessary as an interested party.
Page 10, Line 4(4) Notwithstanding the requirement in section 24-1-136
Page 10, Line 5(11)(a)(I), the requirement to submit the report required in this section continues indefinitely.
Page 10, Line 62-2-2407. Legislation inside advisory council review committee
Page 10, Line 7- created. (1) There is created in the legislative branch the
Page 10, Line 8legislation inside advisory council review committee to review
Page 10, Line 9the council's work and to recommend legislation regarding issues affecting people who are incarcerated.
Page 10, Line 10(2) (a) The review committee includes the following voting members:
Page 10, Line 11(I) The four legislative members of the council; and
Page 10, Line 12(II) One member of the legislative council, created in
Page 10, Line 13section 2-3-301, appointed by the chair of the legislative council
Page 10, Line 14on or before April 1, 2026, and on or before April 1 each year thereafter.
Page 10, Line 15(b) The review committee includes five nonvoting members of the council, appointed by the council.
Page 10, Line 16(3) In odd-numbered years, the president of the senate
Page 10, Line 17shall appoint the chair and the speaker of the house of
Page 10, Line 18representatives shall appoint the vice-chair of the review
Page 10, Line 19committee. In even-numbered years, the speaker shall appoint
Page 10, Line 20the chair and the president shall appoint the vice-chair of the
Page 11, Line 1review committee. The president and the speaker shall make the
Page 11, Line 2appointments on or before April 1, 2026, and on or before April 1 of each year thereafter.
Page 11, Line 3(4) The review committee shall not meet more than three
Page 11, Line 4times during each interim. A majority of voting members constitutes a quorum.
Page 11, Line 5(5) The review committee may not travel unless
Page 11, Line 6authorized by the executive committee of the legislative council.
Page 11, Line 7(6) The review committee may recommend up to a total of
Page 11, Line 8three bills during each interim. Legislation recommended by the
Page 11, Line 9review committee is treated as legislation recommended by an
Page 11, Line 10interim committee for purposes of applicable deadlines, bill
Page 11, Line 11introduction limits, and any other requirements imposed by the joint rules of the general assembly.
Page 11, Line 12(7) Voting members of the review committee are entitled
Page 11, Line 13to compensation pursuant to section 2-2-307. Subject to
Page 11, Line 14available funds, nonvoting members of the review committee may receive reimbursement for expenses.
Page 11, Line 15(8) The legislative council staff and the staff of the
Page 11, Line 16office of legislative legal services shall assist the review committee in carrying out its duties pursuant to this section.
Page 11, Line 17SECTION 2. Safety clause. The general assembly finds,
Page 11, Line 18determines, and declares that this act is necessary for the immediate
Page 11, Line 19preservation of the public peace, health, or safety or for appropriations for
Page 11, Line 20the support and maintenance of the departments of the state and state
Page 11, Line 21institutions.