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.
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) (I) 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 22or class 6 felony at sentencing or at resentencing after a
Page 4, Line 23revocation of probation or community corrections sentence, the
Page 4, Line 24court shall determine that:
Page 5, Line 1(A) Incarceration is the most suitable option given the facts and circumstances of the case; and
Page 5, Line 2(B) All other reasonable and appropriate sanctions and
Page 5, Line 3supportive services available to the court have been tried and
Page 5, Line 4failed, do not appear likely to be successful if tried, or present an unacceptable risk to public safety.
Page 5, Line 5(II) In making the determination described in subsection
Page 5, Line 6(1)(b)(I) of this section, the court shall review, to the extent
Page 5, Line 7available, the information provided by the supervising agency,
Page 5, Line 8which must include a complete statement as to what treatment
Page 5, Line 9and sentencing options have been tried and have failed, what
Page 5, Line 10other community options are available, and the reasons why
Page 5, Line 11other available community options appear to be unlikely to be
Page 5, Line 12successful. The supervising agency shall provide to the court
Page 5, Line 13the risk level of the offender as determined by an
Page 5, Line 14evidence-based risk assessment tool employed by the supervising
Page 5, Line 15agency and any other information relevant to the offender's risk to public safety.
Page 5, Line 16(5) If a sentencing court receives a notice from the
Page 5, Line 17executive director of the department of corrections pursuant
Page 5, Line 18to section 17-1-103 (1)(s) that, at the time of admission, an
Page 5, Line 19offender sentenced to prison by the court is either past or
Page 5, Line 20within ninety days of the offender's parole eligibility date in the
Page 5, Line 21sentenced case, the court shall notify counsel for the
Page 5, Line 22defendant and the prosecution and request that the defendant
Page 5, Line 23file a motion if the defendant wants to move for
Page 5, Line 24reconsideration. If the court receives a motion for
Page 6, Line 1reconsideration, the court shall schedule a hearing on the
Page 6, Line 2motion within thirty-five days after filing and, at the hearing, may impose an alternative sentence.
Page 6, Line 3SECTION 3. In Colorado Revised Statutes, 17-1-103, add (1)(s) as follows:
Page 6, Line 417-1-103. Duties of the executive director. (1) The duties of the executive director are:
Page 6, Line 5(s) If an offender is admitted to the custody of the
Page 6, Line 6executive director as a new court commitment serving a
Page 6, Line 7sentence for a class 5 or class 6 felony or a class 3 or class 4
Page 6, Line 8drug felony and the offender is determined by the department
Page 6, Line 9at admission to be past or within ninety days of the offender's
Page 6, Line 10parole eligibility date, the department shall notify the
Page 6, Line 11sentencing court within fourteen days after admission and
Page 6, Line 12provide the court with information on the parole eligibility
Page 6, Line 13date, the mandatory release date, and the results of any intake assessments for the offender.
Page 6, Line 14SECTION 4. In Colorado Revised Statutes, 17-2-201, amend
Page 6, Line 15(3)(h.1)(I), (4)(f)(I)(B), (4)(f)(I)(C), (5)(c)(II) introductory portion,
Page 6, Line 16(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 1717-2-201. State board of parole - duties - definitions. (3) The
Page 6, Line 18chairperson, in addition to other provisions of law, has the following powers and duties:
Page 6, Line 19(h.1) To contract with qualified individuals to serve as release hearing officers:
Page 6, Line 20(I) To conduct parole application hearings for inmates convicted
Page 7, Line 1of class 4, class 5, or class 6 felonies or level 3 or level 4 drug felonies
Page 7, Line 2who have been assessed to be less than high risk by the Colorado risk
Page 7, Line 3assessment scale developed pursuant to section 17-22.5-404 (2)(a);
orPage 7, Line 4
hearings pursuant to subsection (19) of this section pursuant to rules adopted by the parole board;Page 7, Line 5(4) The board has the following powers and duties:
Page 7, Line 6(f) (I) To conduct an initial or subsequent parole release review in lieu of a hearing, without the presence of the inmate, if:
Page 7, Line 7(B) A detainer from the United States immigration and customs
Page 7, Line 8enforcement agency has been filed with the department, the inmate meets
Page 7, Line 9the 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 7, Line 10(C) The inmate has a statutory discharge date or mandatory
Page 7, Line 11release date within six months after
his or herPage 7, Line 12ordinarily scheduled parole hearing and victim notification is not required pursuant to section 24-4.1-302.5.
Page 7, Line 13(D)
The inmate is assessed to be a low or very low risk on thePage 7, Line 14
validated risk assessment instrument developed pursuant to sectionPage 7, Line 15
17-22.5-404 (2), the inmate meets readiness criteria established by thePage 7, Line 16
board, and victim notification is not required pursuant to section 24-4.1-302.5; orPage 7, Line 17(E)
The inmate is subject to subsection (19) of this section.Page 7, Line 18(5) (c) (II)
Except if the offender is subject to subsection (19) ofPage 7, Line 19
this section,he or shePage 7, Line 20offender may be returned to the board and, upon proof of failure to pay, the board shall:
Page 7, Line 21(5.5) (d) (I) If a chemical test administered pursuant to the
Page 8, Line 1requirements of this subsection (5.5) reflects the presence of drugs or
Page 8, Line 2alcohol, the parolee may be required to participate
at his own expensePage 8, Line 3an appropriate drug or alcohol program; community correctional
Page 8, Line 4nonresidential program; mental health program; certified recovery
Page 8, Line 5residence, as defined in section 27-80-129; or other fee-based or non-fee-based treatment program approved by the parole board.
Page 8, Line 6(5.7) If, as a condition of parole, an offender is required to
Page 8, Line 7undergo counseling,
orPage 8, Line 8recovery residence, as defined in section 27-80-129, unless the
Page 8, Line 9parole board determines that treatment at another facility or with another
Page 8, Line 10person is warranted, the treatment or counseling must be at a facility or with a person:
Page 8, Line 11(a) Approved by the behavioral health administration in the
Page 8, Line 12department 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 13(19)
(a) Except as provided in subsection (19)(b) of this section,Page 8, Line 14
if a person has an approved parole plan, has been assessed to be low orPage 8, Line 15
very low risk on the validated risk assessment scale developed pursuantPage 8, Line 16
to section 17-22.5-404 (2), and the parole release guidelines recommendPage 8, Line 17
release, the parole board may deny parole only by a majority vote of the full parole board.Page 8, Line 18
(b) An inmate is not eligible for release pursuant to subsectionPage 8, Line 19
(19)(a) of this section if he or she has had a class I code of penalPage 8, Line 20
discipline violation within the previous twelve months from the date ofPage 8, Line 21
consideration by the parole board or since incarceration, whichever isPage 8, Line 22
shorter; has been terminated for lack of progress or has declined inPage 8, Line 23
writing to participate in programs that have been recommended and madePage 9, Line 1
available to the inmate within the previous twelve months or sincePage 9, Line 2
incarceration, whichever is shorter; has been regressed from communityPage 9, Line 3
corrections or revoked from parole within the previous one hundredPage 9, Line 4
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 9, Line 5
(c) If the parole board denies parole to an inmate pursuant toPage 9, Line 6
subsection (19)(a) of this section, the board shall submit to the department the basis for the denial in writing.Page 9, Line 7SECTION 5. In Colorado Revised Statutes, 17-2-203, amend
Page 9, Line 8(1.5)(c), (11)(c) introductory portion, and (11)(e); and add (11)(c)(III) as follows:
Page 9, Line 917-2-103. Arrest of parolee - revocation proceedings.
Page 9, Line 10(1.5) (c) A community parole officer shall also make referrals to any
Page 9, Line 11needed treatment, certified recovery residence, as defined in
Page 9, Line 12section 27-80-129, or other support services that may help a parolee
Page 9, Line 13become compliant with the conditions of parole and succeed in
Page 9, Line 14reintegrating 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 15(11) (c) If the board determines that the parolee is in need of
Page 9, Line 16treatment, the board shall consider placing the parolee in one of the
Page 9, Line 17following treatment or recovery options and, if appropriate, may modify the conditions of parole to include:
Page 9, Line 18(III) Placement in a certified recovery residence, as defined in section 27-80-129.
Page 9, Line 19(e) If the parolee is unsuccessful in participating in a treatment or
Page 9, Line 20recovery program ordered pursuant to
paragraph (c) of this subsectionPage 9, Line 21
(11)his or herPage 10, Line 1participation is terminated, the board may consider placement of the
Page 10, Line 2parolee in additional treatment, as appropriate, including a higher level of
Page 10, Line 3treatment or in a certified recovery residence, as defined in section 27-80-129.
Page 10, Line 4SECTION 6. In Colorado Revised Statutes, add 17-22.5-404.9 as follows:
Page 10, Line 517-22.5-404.9. Presumption of parole - low- and very low-risk
Page 10, Line 6offenders - assessment - report. (1) There is a presumption, subject
Page 10, Line 7to the final discretion of the parole board, in favor of granting
Page 10, Line 8parole at the first or a subsequent parole application hearing to an inmate who has reached their parole eligibility date and who:
Page 10, Line 9(a) Has been assessed to be low or very low risk on the
Page 10, Line 10validated risk assessment scale developed pursuant to section
Page 10, Line 1117-22.5-404 (2)(a), and the administrative release guideline
Page 10, Line 12instrument developed pursuant to section 17-22.5-107 (1) recommends release;
Page 10, Line 13(b) Has not incurred a class I code of penal discipline
Page 10, Line 14violation within the previous twelve months after the date of
Page 10, Line 15consideration by the parole board or since incarceration, whichever is shorter;
Page 10, Line 16(c) Has not, within the twelve months preceding the
Page 10, Line 17inmate's parole application hearing, declined in writing to
Page 10, Line 18participate in programs that have been recommended and made available to the inmate;
Page 10, Line 19(d) Was not convicted of a class 1 drug felony offense, a
Page 10, Line 20class 1, class 2, or class 3 felony offense, and is not serving an
Page 10, Line 21indeterminate sentence pursuant to section 18-1.3-1004; and
Page 11, Line 1(e) Has not been regressed from community corrections or
Page 11, Line 2revoked from parole within the previous one hundred eighty days.
Page 11, Line 3(2) If the department did not submit an approved parole
Page 11, Line 4plan prior to the parole application hearing or the parole board
Page 11, Line 5considers the submitted parole plan to be inadequate, the parole
Page 11, Line 6board or an individual member of the parole board shall not deny parole and shall proceed pursuant to section 17-2-201 (20).
Page 11, Line 7(3) If an inmate who otherwise meets the criteria of
Page 11, Line 8subsection (1) of this section has a detainer or a warrant, the
Page 11, Line 9parole board shall delay the hearing or order a conditional
Page 11, Line 10release and notify the public defender liaison to determine if
Page 11, Line 11the warrant or detainer may be resolved. The public defender
Page 11, Line 12liaison shall notify the parole board of the outcome, and, if the
Page 11, Line 13warrant or detainer has been removed, the parole board may
Page 11, Line 14order release of the inmate. If the detainer or warrant is not
Page 11, Line 15able to be resolved, the parole board may only release the
Page 11, Line 16inmate to the custody of the agency that issued the warrant or detainer.
Page 11, Line 17(4) If the administrative release guideline instrument
Page 11, Line 18developed pursuant to section 17-22.5-107 (1) recommends
Page 11, Line 19release, the parole board shall only deny parole by a majority vote of the full parole board.
Page 11, Line 20(5) If the parole board denies parole to an inmate
Page 11, Line 21pursuant to this section, the parole board shall submit to the department and the inmate the reasons for the denial in writing.
Page 11, Line 22(6) The department shall ensure that every inmate has
Page 12, Line 1been assessed on the validated risk assessment scale developed
Page 12, Line 2pursuant to section 17-22.5-404 (2) and that the parole board has
Page 12, Line 3the results of that assessment prior to an inmate's parole application hearing.
Page 12, Line 4(7) The parole board shall provide a monthly report to
Page 12, Line 5the department for inclusion in the department's monthly
Page 12, Line 6reports on the number of hearings conducted that met the
Page 12, Line 7criteria pursuant to this section; the number of decisions by the
Page 12, Line 8parole board to grant parole, defer parole, or delay the
Page 12, Line 9hearing; and, if parole was deferred or the hearing delayed, the
Page 12, Line 10general reason for the deferral or delay. The information must
Page 12, Line 11be provided both for the reporting month and year to date. The report is posted on the department's website.
Page 12, Line 12(8) Within sixty days after the effective date of this
Page 12, Line 13section, the department shall identify inmates who meet the
Page 12, Line 14criteria described in subsection (1) of this section and provide a
Page 12, Line 15list to the parole board. The parole board shall schedule a
Page 12, Line 16parole application hearing for the inmates identified within
Page 12, Line 17ninety days after receipt of the list, unless the inmate would
Page 12, Line 18otherwise have a parole application hearing in ninety days or fewer.
Page 12, Line 19SECTION 7. In Colorado Revised Statutes, 18-1.3-301, add (2)(b.5) as follows:
Page 12, Line 2018-1.3-301. Authority to place offenders in community
Page 12, Line 21corrections program. (2) (b.5) If an offender eligible for referral
Page 12, Line 22under this subsection (2) has a warrant or detainer, the
Page 12, Line 23executive director of the department of corrections shall
Page 13, Line 1delay referral and notify the public defender liaison to
Page 13, Line 2determine if the warrant or detainer may be resolved. The
Page 13, Line 3public defender liaison shall notify the department of
Page 13, Line 4corrections of the outcome, and, if the warrant or detainer is
Page 13, Line 5removed, the department shall make a referral as required by subsection (2)(b) of this section.
Page 13, Line 6SECTION 8. Act subject to petition - effective date -
Page 13, Line 7applicability. (1) This act takes effect September 1, 2025; except that,
Page 13, Line 8if a referendum petition is filed pursuant to section 1 (3) of article V of
Page 13, Line 9the state constitution against this act or an item, section, or part of this act
Page 13, Line 10within the ninety-day period after final adjournment of the general
Page 13, Line 11assembly, then the act, item, section, or part will not take effect unless
Page 13, Line 12approved by the people at the general election to be held in November
Page 13, Line 132026 and, in such case, will take effect January 1, 2027, or on the date of
Page 13, Line 14the official declaration of the vote thereon by the governor, whichever is later.
Page 13, Line 15(2) This act applies to sentences entered and parole board hearings held on or after the applicable effective date of this act.