House Committee of Reference Report
Committee on Judiciary
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April 1, 2026
After consideration on the merits, the Committee recommends the following:
HB26-1315 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Page 1, Line 1Amend printed bill, strike everything below the enacting clause and
Page 1, Line 2substitute:
Page 1, Line 3"SECTION 1. In Colorado Revised Statutes, add 17-1-169 as
Page 1, Line 4follows:
Page 1, Line 517-1-169. Review of risk assessments - legislative declaration
Page 1, Line 6- definition - repeal.
Page 1, Line 7(1) The general assembly finds and declares that:
Page 1, Line 8(a) In 2025, a Colorado news outlet reported on
Page 1, Line 9high-profile crimes and raised questions regarding the accuracy
Page 1, Line 10and consistency of parole risk assessments, including whether
Page 1, Line 11certain parolees may have received risk assessment
Page 1, Line 12classifications that did not fully align with their documented
Page 1, Line 13criminal history or risk factors;
Page 1, Line 14(b) Reporters and legislators used part 3 of article 72 of
Page 1, Line 15title 24, commonly referred to as the Colorado criminal justice
Page 1, Line 16records act, to obtain records related to the correctional
Page 1, Line 17supervision tool, which is an actuarial risk assessment tool used
Page 1, Line 18by the division of adult parole to inform supervision planning
Page 1, Line 19and resource allocation;
Page 1, Line 20(c) Evidence-based risk assessment tools are designed to
Page 1, Line 21support consistent and objective supervision decisions by
Page 1, Line 22applying structured criteria to assess risk and identify
Page 1, Line 23criminogenic needs consistent with nationally recognized
Page 1, Line 24practices;
Page 1, Line 25(d) It is essential to ensure accurate and consistent
Page 1, Line 26information in risk assessments to inform parole supervision
Page 1, Line 27planning, identify and apply appropriate parole supervision
Page 2, Line 1strategies and resources, promote public safety, and support
Page 2, Line 2successful reentry outcomes;
Page 2, Line 3(e) The department of corrections confirmed to the joint
Page 2, Line 4budget committee and the joint judiciary committee that a
Page 2, Line 5random sample audit revealed high error rates for risk
Page 2, Line 6assessments, up to ninety-eight percent in some cases. In 2026, the
Page 2, Line 7department of corrections reported that they are reexamining
Page 2, Line 8over one thousand seven hundred risk assessments and
Page 2, Line 9implementing mandatory supervisory review for all
Page 2, Line 10correctional supervision tool reassessments.
Page 2, Line 11(f) Establishing a system and cadence of quality controls
Page 2, Line 12and quality assurance practices, paired with ongoing training,
Page 2, Line 13review, and support, are necessary to ensure accurate and
Page 2, Line 14consistent application of risk assessment tools across the
Page 2, Line 15division of adult parole;
Page 2, Line 16(g) In January of 2026, the department of corrections
Page 2, Line 17stated that it will no longer supply requested risk assessments
Page 2, Line 18or risk assessment scores, citing an inability to disclose these
Page 2, Line 19records due to contract language. However, throughout 2025,
Page 2, Line 20the department of corrections supplied risk assessments and risk
Page 2, Line 21assessment scores to journalists and legislators in response to
Page 2, Line 22open records requests, and it was through these open records
Page 2, Line 23requests that the pattern of inaccuracies and inconsistencies
Page 2, Line 24were discovered. It is the general assembly's intent to keep these
Page 2, Line 25records open to the public to hold governmental actors
Page 2, Line 26accountable.
Page 2, Line 27(h) For the purposes of transparency and accountability,
Page 2, Line 28it is necessary for the general assembly to create reporting
Page 2, Line 29expectations to ensure that reviews of risk assessment practices
Page 2, Line 30are established and ongoing.
Page 2, Line 31(2) As used in this section, unless the context otherwise
Page 2, Line 32requires, "risk assessment" means a validated instrument that
Page 2, Line 33assesses a parolee's criminogenic needs and risk of recidivism,
Page 2, Line 34and is used to guide parole supervision planning, identify
Page 2, Line 35appropriate interventions, and establish parole supervision
Page 2, Line 36levels or categories.
Page 2, Line 37(3) (a) The department shall establish a risk assessment
Page 2, Line 38quality review team to develop policies and implement practices
Page 2, Line 39that determine whether risk assessments are completed
Page 2, Line 40accurately and consistently, and to ensure a sustained process
Page 2, Line 41of review and training.
Page 2, Line 42(b) (I) On or before August 31, 2026, the risk assessment
Page 2, Line 43quality review team shall establish policies and practices for a
Page 3, Line 1cadenced system of review that ensures, at a minimum, the
Page 3, Line 2following:
Page 3, Line 3(A) Systematic reviews of completed risk assessments,
Page 3, Line 4including reviews for completed risk assessments at each risk
Page 3, Line 5assessment level or category;
Page 3, Line 6(B) Defined, periodic fidelity reviews of an assessor's
Page 3, Line 7work; and
Page 3, Line 8(C) Appropriate training for sustained and accurate
Page 3, Line 9completion of risk assessments.
Page 3, Line 10(II) On or before August 31, 2026, the risk assessment
Page 3, Line 11quality review policies and practices established pursuant to
Page 3, Line 12subsection (3)(b)(I) of this section must be implemented.
Page 3, Line 13(4) (a) In January of 2027, and in each January thereafter,
Page 3, Line 14the department shall include, as part of its presentation during
Page 3, Line 15its "SMART Act" hearing required pursuant to section 2-7-203,
Page 3, Line 16information concerning:
Page 3, Line 17(I) The total number of risk assessments reviewed
Page 3, Line 18pursuant to subsection (3) of this section;
Page 3, Line 19(II) Of the total number of risk assessments reviewed
Page 3, Line 20pursuant to subsection (3) of this section, the total number of
Page 3, Line 21risk assessments that contained inaccurate or inconsistent
Page 3, Line 22information that resulted in an inaccurate supervision level;
Page 3, Line 23and
Page 3, Line 24(III) A comprehensive description of the findings of the
Page 3, Line 25reviews and any measures implemented to ensure process
Page 3, Line 26improvement to mitigate the findings of the 2025 randomized
Page 3, Line 27survey audit that found a ninety-eight percent error rate in
Page 3, Line 28risk assessments.
Page 3, Line 29(b) Notwithstanding the requirement in section 24-1-136
Page 3, Line 30(11)(a)(I), the requirement to submit the report required in this
Page 3, Line 31subsection (4) continues indefinitely.
Page 3, Line 32SECTION 2. In Colorado Revised Statutes, 24-72-302, amend
Page 3, Line 33(4); and add (12) as follows:
Page 3, Line 3424-72-302. Definitions.
Page 3, Line 35As used in this part 3, unless the context otherwise requires:
Page 3, Line 36(4) "Criminal justice records" means all books, papers, cards,
Page 3, Line 37photographs, tapes, recordings, or other documentary materials,
Page 3, Line 38regardless of form or characteristics, that are made, maintained, or kept
Page 3, Line 39by any criminal justice agency in the state for use in the exercise of
Page 3, Line 40functions required or authorized by law or administrative rule, including,
Page 3, Line 41but not limited to, the results of chemical biological substance testing to
Page 3, Line 42determine genetic markers conducted pursuant to sections 16-11-102.4
Page 3, Line 43and 16-23-104, C.R.S. or a risk assessment.
Page 4, Line 1(12) "Risk assessment" means a validated instrument that
Page 4, Line 2assesses a parolee's criminogenic needs and risk of recidivism,
Page 4, Line 3and is used to guide parole supervision planning, identify
Page 4, Line 4appropriate interventions, and establish parole supervision
Page 4, Line 5levels.
Page 4, Line 6SECTION 3. In Colorado Revised Statutes, 24-72-304, add (6)
Page 4, Line 7as follows:
Page 4, Line 824-72-304. Inspection of criminal justice records.
Page 4, Line 9(6) Notwithstanding any provision of this part 3 to the
Page 4, Line 10contrary, an agreement to prohibit the disclosure of
Page 4, Line 11information in a risk assessment that is subject to disclosure
Page 4, Line 12pursuant to this section is void and unenforceable.
Page 4, Line 13SECTION 4. Act subject to petition - effective date -
Page 4, Line 14applicability. (1) This act takes effect at 12:01 a.m. on the day following
Page 4, Line 15the expiration of the ninety-day period after final adjournment of the
Page 4, Line 16general assembly (August 12, 2026, if adjournment sine die is on May 13,
Page 4, Line 172026); except that, if a referendum petition is filed pursuant to section 1
Page 4, Line 18(3) of article V of the state constitution against this act or an item, section,
Page 4, Line 19or part of this act within such period, then the act, item, section, or part
Page 4, Line 20will not take effect unless approved by the people at the general election
Page 4, Line 21to be held in November 2026 and, in such case, will take effect on the
Page 4, Line 22date of the official declaration of the vote thereon by the governor.
Page 4, Line 23(2) Section 3 of this act applies to criminal justice record requests
Page 4, Line 24made on or after the applicable effective date of this act.".