Senate Bill 25-190 Introduced

A Bill for an Act

• Page 1, Line 101Concerning processes for offender release from custody.

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.)

Under current law, a sheriff may allow an individual to choose to stay in jail overnight after release when extenuating circumstances exist. The bill states it is an extenuating circumstance to facilitate a connection to a service provider. If a defendant remains in jail overnight, the defendant must be released by 10 a.m. the next morning.

Under current law, there is a distinction for those who are 55 years of age or older, and for those under that age with certain medical conditions, for special needs parole. The bill changes that distinction. The bill makes an inmate eligible for special needs parole if the inmate is 55 years of age or older and suffers from a diagnosed severe cognitive impairment or serious impairment that limits the person's ability to function. The bill makes an inmate eligible for special needs parole if the inmate is under 55 years of age and suffers from a diagnosed severe cognitive impairment or serious impairment that limits the person's ability to function; has served at least 25% of the inmate's sentence, or 10 years imprisonment, whichever is shorter; and has not incurred a class I code of penal discipline violation within the 12 months before the date of the application for special needs parole. The bill makes a person eligible for special needs parole if the person has a condition such as advanced or metastatic cancer; end-stage renal disease; end-stage chronic obstructive pulmonary disorder; end-stage heart disease; end-stage liver disease; progressive neurodegenerative disease such as Huntington's disease, Parkinson's disease, and amyotrophic lateral sclerosis; intractable seizure disorder; severe dementia; or Alzheimer's disease. The bill provides that when a health-care provider who is providing care to the person makes a determination that the person's medical condition meets the standard for special needs parole, then a referral must be made to the parole board.

The department of corrections is required to include in each contract with a licensed health-care provider involved in providing patient care to an inmate a requirement that the provider screen each patient for eligibility for special needs parole.

The bill requires legislative council staff to conduct a study of options for releasing aging and seriously ill offenders from secure custody to appropriate care or placing offenders in alternative programs that can better provide the offender's needed medical care.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 16-4-102, amend (2)(b)(I) as follows:

• Page 2, Line 316-4-102.  Right to bail - before conviction. (2) (b) (I)  A judge,

• Page 2, Line 4judicial officer, or bond hearing officer shall not require a monetary bond

• Page 2, Line 5to be paid in the defendant's name. Bond may be paid, at a minimum, by

• Page 2, Line 6cash, money order, or cashier's check. If bond is paid by money order or

• Page 2, Line 7cashier's check, the money order or cashier's check may be payable to the

• Page 2, Line 8holding county. Before bond is posted, the sheriff shall provide the

• Page 2, Line 9defendant and surety, if any, a copy of the notice described in subsection

• Page 3, Line 1(2)(h)(I) of this section. When the bond is posted, the sheriff shall provide

• Page 3, Line 2the defendant and surety, if any, a copy of the bond paperwork and

• Page 3, Line 3information regarding the defendant's next court date. The individual

• Page 3, Line 4processing the bond shall certify, in writing, that the payor payer

• Page 3, Line 5received a copy of the bond paperwork, the notice described in subsection

• Page 3, Line 6(2)(h)(I) of this section, and information regarding the defendant's next

• Page 3, Line 7court date and shall place a copy of the certification in the defendant's

• Page 3, Line 8file. Notwithstanding the provisions of this section, a sheriff may allow

• Page 3, Line 9an individual to choose to stay in jail overnight after release when

• Page 3, Line 10extenuating circumstances exist, including inclement weather, lack of

• Page 3, Line 11transportation, or lack of shelter, or to facilitate a connection to a

• Page 3, Line 12service provider. If a defendant remains in jail overnight, the defendant must be released by 10 a.m. the next morning.

• Page 3, Line 13SECTION 2.  In Colorado Revised Statutes, 17-1-102, amend (6.7), (7.4), and (7.5); and add (7.6) as follows:

• Page 3, Line 1417-1-102.  Definitions. As used in this title 17, unless the context otherwise requires:

• Page 3, Line 15(6.7)  "Inmate liaison" means an inmate's family member or

• Page 3, Line 16attorney; a government agency; a public defender liaison, described

• Page 3, Line 17in section 21-1-104, to the department of corrections and the

• Page 3, Line 18state board of parole; or a representative from an organization with

• Page 3, Line 19experience in helping inmates apply for special needs parole, high-needs

• Page 3, Line 20prerelease planning, or reentry. The organization must be in good

• Page 3, Line 21standing with the Colorado secretary of state for the past twelve

• Page 3, Line 22consecutive months, and the organization's involvement must be at the

• Page 3, Line 23request of the inmate, or an inmate's family member or attorney should

• Page 3, Line 24the inmate be unable to make the request.

• Page 4, Line 1(7.4)  "Serious impairment that limits a person's ability to function"

• Page 4, Line 2means a medically diagnosed physical or mental condition that is chronic

• Page 4, Line 3and long term in nature and severely limits a person's ability to

• Page 4, Line 4independently perform essential day-to-day activities without daily

• Page 4, Line 5intervention, attention, or support from an inmate aide or professional

• Page 4, Line 6caregiver a medically diagnosed physical or mental condition

• Page 4, Line 7that is chronic and long term in nature and that causes the

• Page 4, Line 8inmate to require assistance with two or more activities of daily

• Page 4, Line 9living. Such conditions include, but are not limited to, advanced

• Page 4, Line 10or metastatic cancer; end-stage renal disease; end-stage

• Page 4, Line 11chronic obstructive pulmonary disorder; end-stage heart

• Page 4, Line 12disease; end-stage liver disease; progressive neurodegenerative

• Page 4, Line 13disease such as Huntington's disease, Parkinson's disease, and

• Page 4, Line 14amyotrophic lateral sclerosis; and intractable seizure disorder.

• Page 4, Line 15(7.5) (a)  "Special needs offender" means a person in the custody of the department:

• Page 4, Line 16(I)  Who is fifty-five years of age or older and has been diagnosed

• Page 4, Line 17by a licensed health-care provider who is employed by or under contract

• Page 4, Line 18with the department or by a private licensed health-care provider involved

• Page 4, Line 19in providing patient care to the inmate as suffering from a chronic

• Page 4, Line 20infirmity, illness, condition, disease, or behavioral or mental health

• Page 4, Line 21disorder that causes serious impairment that limits the person's ability to function;

• Page 4, Line 22(II)  Who, as determined by a licensed health-care provider who

• Page 4, Line 23is employed by or under contract with the department or by a private

• Page 4, Line 24licensed health-care provider involved in providing patient care to the

• Page 5, Line 1inmate, suffers from a chronic, permanent, terminal, or irreversible

• Page 5, Line 2physical illness, condition, disease, or a behavioral or mental health disorder that requires costly care or treatment and who is incapacitated;

• Page 5, Line 3(III)  Who is sixty-four years of age or older and has served at least

• Page 5, Line 4twenty years of the person's sentence and was not convicted of a class 1

• Page 5, Line 5or class 2 felony for a crime as defined in section 24-4.1-302 (1),

• Page 5, Line 6unlawful sexual behavior as defined in section 16-22-102 (9), a crime that

• Page 5, Line 7includes domestic violence as defined in section 18-6-800.3 (1), or stalking as described in section 18-3-602; or

• Page 5, Line 8(IV)  Who, as determined by a licensed health-care provider who

• Page 5, Line 9is employed by or under contract with the department or a competency

• Page 5, Line 10evaluator as defined in section 16-8.5-101 (3) and approved by the

• Page 5, Line 11department of human services, on the basis of available evidence, not

• Page 5, Line 12including evidence resulting from a refusal of the person to accept

• Page 5, Line 13treatment, is incompetent to proceed and does not have a substantial

• Page 5, Line 14probability of being restored to competency for the completion of any

• Page 5, Line 15sentence including a person who has been diagnosed with dementia that

• Page 5, Line 16renders the person incompetent to proceed. As used in this subsection

• Page 5, Line 17(7.5)(a)(IV), "competency" has the same meaning as "competent to

• Page 5, Line 18proceed", as defined in section 16-8.5-101 (5), and "incompetent to proceed" has the same meaning as defined in section 16-8.5-101 (12).

• Page 5, Line 19(b) (I)  Notwithstanding subsection (7.5)(a) of this section, "special needs offender" does not include a person who:

• Page 5, Line 20(A)  Was convicted of a class 1 felony and sentenced to life with

• Page 5, Line 21the possibility of parole and the offender has served fewer than twenty calendar years in a department of corrections facility for the offense;

• Page 5, Line 22(B)  Was convicted of a class 1 felony and sentenced to life without parole; or

• Page 6, Line 1(C)  Was convicted of a class 2 felony crime of violence as

• Page 6, Line 2described in section 18-1.3-406 and the offender has served fewer than ten calendar years in a department of corrections facility for the offense.

• Page 6, Line 3(II)  This subsection (7.5)(b) does not apply to an inmate who has

• Page 6, Line 4been diagnosed as having a terminal illness with an anticipated life

• Page 6, Line 5expectancy of twelve months or less by a licensed health-care provider

• Page 6, Line 6who is employed by or under contract with the department or by a private

• Page 6, Line 7licensed health-care provider involved in providing patient care to the

• Page 6, Line 8inmate. "Severe cognitive impairment" means a substantial

• Page 6, Line 9disorder of cognitive ability or mental illness that results in

• Page 6, Line 10marked functional disability, significantly interfering with

• Page 6, Line 11adaptive behavior and causing an inmate to require assistance

• Page 6, Line 12with two or more activities of daily living. Such conditions

• Page 6, Line 13include, but are not limited to, severe dementia and Alzheimer's disease.

• Page 6, Line 14(7.6) (a)  "Special needs offender" means an inmate in the custody of the department:

• Page 6, Line 15(I)  Who has been diagnosed by a licensed health-care

• Page 6, Line 16provider who is involved in providing patient care to the inmate,

• Page 6, Line 17or who has personally assessed the inmate's condition, as

• Page 6, Line 18suffering serious impairment that limits the person's ability to function and:

• Page 6, Line 19(A)  Is fifty-five years of age or older; or

• Page 6, Line 20(B)  Is under fifty-five years of age; has served at least

• Page 6, Line 21twenty-five percent of the inmate's sentence, or ten years

• Page 6, Line 22imprisonment, whichever is shorter; and has not incurred a class

• Page 7, Line 1I code of penal discipline violation within twelve months before the date of the application for special needs parole;

• Page 7, Line 2(II)  Who has been determined by a licensed health-care

• Page 7, Line 3provider who is involved in providing patient care to the inmate,

• Page 7, Line 4or who has personally assessed the inmate's condition, as suffering from severe cognitive impairment and:

• Page 7, Line 5(A)  Is fifty-five years of age or older; or

• Page 7, Line 6(B)  Is under fifty-five years of age; has served at least

• Page 7, Line 7twenty-five percent of the inmate's sentence, or ten years

• Page 7, Line 8imprisonment, whichever is shorter; and has not incurred a class

• Page 7, Line 9I code of penal discipline violation within twelve months before the date of the application for special needs parole.

• Page 7, Line 10(b) (I)  Notwithstanding subsection (7.6)(a) of this section, "special needs offender" does not include an inmate who:

• Page 7, Line 11(A)  Was convicted of a class 1 felony and sentenced to

• Page 7, Line 12life imprisonment with the possibility of parole and the inmate

• Page 7, Line 13has served fewer than twenty calendar years in a department of corrections facility for the offense;

• Page 7, Line 14(B)  Was convicted of a class 1 felony and sentenced to life imprisonment without the possibility of parole; or

• Page 7, Line 15(C)  Was convicted of a class 2 felony crime of violence as

• Page 7, Line 16described in section 18-1.3-406 and the inmate has served fewer

• Page 7, Line 17than ten calendar years in a department of corrections facility for the offense.

• Page 7, Line 18 (II)  This subsection (7.6)(b) does not apply to an inmate

• Page 7, Line 19who has been diagnosed as having a terminal illness that is

• Page 7, Line 20irreversible, unlikely to be cured, and likely to cause death by

• Page 8, Line 1the licensed health-care provider who is providing patient care to the inmate for the terminal illness.

• Page 8, Line 2SECTION 3.  In Colorado Revised Statutes, 17-22.5-403.5,

• Page 8, Line 3amend (1) introductory portion, (3)(a) introductory portion, (3)(b)

• Page 8, Line 4introductory portion, (3)(b.5), (4)(a), (4)(b), and (4)(f); repeal (2); and add (3)(a)(III.5), (3)(b)(V), and (9) as follows:

• Page 8, Line 517-22.5-403.5.  Special needs parole. (1)  Notwithstanding any

• Page 8, Line 6provision of law to the contrary, a special needs offender, as defined in

• Page 8, Line 7section 17-1-102 (7.5)(a) section 17-1-102 (7.6), may be eligible for

• Page 8, Line 8parole prior to or after the offender's parole eligibility date pursuant to this section if:

• Page 8, Line 9(2)  This section shall apply to any inmate applying for parole on

• Page 8, Line 10or after July 1, 2001, regardless of when the inmate was sentenced. The

• Page 8, Line 11provisions of this section shall not affect the length of the parole period to which a special needs offender would otherwise be subject.

• Page 8, Line 12(3) (a)  The department is responsible for identifying inmates who

• Page 8, Line 13are special needs offenders. and Once a licensed health-care

• Page 8, Line 14provider who is involved in providing patient care to an inmate

• Page 8, Line 15determines, and documents in the patient's medical record, that

• Page 8, Line 16the inmate suffers from a serious impairment that limits the

• Page 8, Line 17inmate's ability to function, or a severe cognitive impairment,

• Page 8, Line 18the department shall submit a referral to the state board of parole for

• Page 8, Line 19all special needs offenders the inmate. A licensed health-care

• Page 8, Line 20provider must not be liable to any person regarding a

• Page 8, Line 21determination whether an inmate has a serious impairment that

• Page 8, Line 22limits a person's ability to function or severe cognitive

• Page 8, Line 23impairment. If the inmate has been diagnosed by a licensed

• Page 9, Line 1health-care provider as suffering from a serious impairment

• Page 9, Line 2that limits the inmate's ability to function, or a severe cognitive

• Page 9, Line 3impairment, the department shall not set aside or disregard

• Page 9, Line 4that determination on the basis that an employee of the

• Page 9, Line 5department does not concur in that assessment. The department

• Page 9, Line 6shall not determine that an inmate does not have a serious

• Page 9, Line 7impairment that limits an inmate's ability to function based on

• Page 9, Line 8the department's ability to accommodate the inmate's physical

• Page 9, Line 9or mental impairment. The department shall submit a referral

• Page 9, Line 10to the state board of parole for all other special needs

• Page 9, Line 11offenders identified by the department. If notification to the district

• Page 9, Line 12attorney is required pursuant to subsection (3)(c)(II) of this section, the

• Page 9, Line 13inmate shall authorize the department to release the information described

• Page 9, Line 14in subsections (3)(b)(I) and (3)(b)(I.5) of this section to the district

• Page 9, Line 15attorney. An inmate or inmate liaison, if the inmate is unable to, may also

• Page 9, Line 16request that the department make a determination of whether an inmate

• Page 9, Line 17is eligible for special needs parole and the department shall make a

• Page 9, Line 18determination within thirty days after receiving the request. unless a

• Page 9, Line 19competency evaluation has been requested. The department, in

• Page 9, Line 20consultation with the state board of parole, shall develop any necessary policies and procedures regarding special needs parole to ensure that:

• Page 9, Line 21(III.5)  The department shares relevant and necessary

• Page 9, Line 22data and information with the public defender liaisons as

• Page 9, Line 23described in section 21-1-104 in order to allow the liaisons to effectively assist special needs parole applicants.

• Page 9, Line 24(b)  If an inmate meets the eligibility requirements pursuant to

• Page 9, Line 25section 17-1-102, the department shall submit a referral to the board that,

• Page 10, Line 1in addition to the requirements of section 17-22.5-404 (4)(a), shall include includes:

• Page 10, Line 2(V)  Any information, statements, letters, and documents

• Page 10, Line 3provided by the inmate liaison or by the public defender liaison

• Page 10, Line 4as described in section 21-1-104, if the public defender liaison

• Page 10, Line 5program is assisting the inmate. The parole board shall review and consider the submission by the public defender liaison.

• Page 10, Line 6(b.5)  The department shall provide a copy of the referral packet

• Page 10, Line 7submitted to the parole board to the inmate or inmate liaison and to the

• Page 10, Line 8public defender liaison as described in section 21-1-104, if the

• Page 10, Line 9public defender liaison program is assisting the inmate, except for

• Page 10, Line 10the victim impact statement and response from the district attorney. The

• Page 10, Line 11inmate, or inmate liaison, or the public defender liaison as

• Page 10, Line 12described in section 21-1-104, has thirty calendar days to submit

• Page 10, Line 13additional health records or other relevant information not included in the

• Page 10, Line 14referral packet to the department for submission to the parole board prior to the parole board's decision.

• Page 10, Line 15(4) (a)  The state board of parole shall consider an inmate for

• Page 10, Line 16special needs parole upon referral by the department and shall consider

• Page 10, Line 17all of the information provided to the board pursuant to subsection (3) of this section and any victim impact statement.

• Page 10, Line 18(b)  The state board of parole shall make a determination of the

• Page 10, Line 19risk of reoffense that the inmate poses after considering the factors in

• Page 10, Line 20section 17-22.5-404 (4)(a), as well as the nature and severity of the

• Page 10, Line 21inmate's medical or physical condition, the age of the inmate, the ability

• Page 10, Line 22of the department to adequately provide necessary medical or behavioral

• Page 10, Line 23health treatment, the inmate's current and up-to-date risk and needs

• Page 11, Line 1assessment scores, the nature and severity of the offense for which the

• Page 11, Line 2inmate is currently incarcerated, the inmate's criminal history, the inmate's

• Page 11, Line 3institutional conduct, program and treatment participation, and other relevant risk and risk-reduction factors.

• Page 11, Line 4(f)  If, prior to or during any parole revocation hearing,

• Page 11, Line 5including hearings for offenders granted parole pursuant to

• Page 11, Line 6subsection (5) of this section, the department or any a member of the

• Page 11, Line 7parole board has a substantial and good-faith reason to believe that the

• Page 11, Line 8offender is incompetent to proceed, as defined in section 16-8.5-101 (12),

• Page 11, Line 9the parole board shall suspend all proceedings and notify the public

• Page 11, Line 10defender liaison described in section 21-1-104 (6). The office of state

• Page 11, Line 11public defender shall be appointed by the court to represent the inmate

• Page 11, Line 12and shall file a written motion with the trial court that imposed the

• Page 11, Line 13sentence to determine competency. The motion must contain a certificate

• Page 11, Line 14of counsel stating that the motion is based on a good-faith belief that the

• Page 11, Line 15inmate is incompetent to proceed. The motion must set forth the specific

• Page 11, Line 16facts that have formed the basis for the motion. The court shall seal the

• Page 11, Line 17motion. The court shall follow all the relevant procedures in article 8.5 of

• Page 11, Line 18title 16 regarding the determination of competency. The presence of the inmate is not required unless there is good cause shown.

• Page 11, Line 19(9)  The department shall include in each contract with a

• Page 11, Line 20licensed health-care provider involved in providing patient care

• Page 11, Line 21to an inmate a requirement that the provider screen each patient for eligibility for special needs parole.

• Page 11, Line 22SECTION 4.  In Colorado Revised Statutes, add 2-3-313 as follows:

• Page 11, Line 232-3-313. Legislative council staff - study correctional release

• Page 12, Line 1options for aging and seriously ill offenders. (1)  Legislative council

• Page 12, Line 2staff shall conduct a study of options for releasing aging and

• Page 12, Line 3seriously ill offenders from secure custody to appropriate care

• Page 12, Line 4or placing offenders in alternative programs that can better provide the offender's needed medical care.

• Page 12, Line 5(2)  The study must include, but is not limited to:

• Page 12, Line 6(a)  A review of the compassionate release or special needs

• Page 12, Line 7parole laws of other states, including a review of the federal compassionate release laws;

• Page 12, Line 8(b)  A description of placement programs in use in other

• Page 12, Line 9states that have been shown to be effective in addressing the

• Page 12, Line 10transition and placement of the aging and seriously ill offender

• Page 12, Line 11population, including a description of the funding sources used

• Page 12, Line 12to support the programs, which must include medicaid, medicare, social security, and any other governmental resources;

• Page 12, Line 13(c)  Identifying alternative facilities that are available

• Page 12, Line 14in Colorado to receive aging and seriously ill offenders,

• Page 12, Line 15including nursing homes and other community-based residential or non-residential programs;

• Page 12, Line 16(d)  A description of the ability of current or future

• Page 12, Line 17community corrections providers to develop placements and

• Page 12, Line 18programs to serve the aging and seriously ill offender

• Page 12, Line 19population, including whether the existing community

• Page 12, Line 20corrections residential programs are compliant with the

• Page 12, Line 21federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq.;

• Page 12, Line 22(e)  A description of the ability of the department to

• Page 13, Line 1access medicaid or other health-care funds for placements

• Page 13, Line 2outside of the department, the extent of the funding, and how

• Page 13, Line 3the funding could be increased by the placement of aging and seriously ill offenders in the community; and

• Page 13, Line 4(f)  Identifying any statutory or other legal regulations

• Page 13, Line 5that create barriers to the implementation of community-based programs for the placement and transition of offenders.

• Page 13, Line 6(3)  Legislative council staff shall prepare a report

• Page 13, Line 7summarizing the results of the study required by this section

• Page 13, Line 8before December 15, 2025, and shall submit the report to the

• Page 13, Line 9department, the joint budget committee, the legislative audit

• Page 13, Line 10committee, and the house of representatives judiciary committee

• Page 13, Line 11and the senate judiciary committee, or their successor committees.

• Page 13, Line 12SECTION 5.  Act subject to petition - effective date. This act

• Page 13, Line 13takes effect at 12:01 a.m. on the day following the expiration of the

• Page 13, Line 14ninety-day period after final adjournment of the general assembly; except

• Page 13, Line 15that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 13, Line 16of the state constitution against this act or an item, section, or part of this

• Page 13, Line 17act within such period, then the act, item, section, or part will not take

• Page 13, Line 18effect unless approved by the people at the general election to be held in

• Page 13, Line 19November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.