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. Legislative declaration. The general assembly
Page 2, Line 3finds and declares that the legislation inside advisory council serves as a
Page 2, Line 4forum for developing bipartisan solutions to issues related to public
Page 2, Line 5safety, recidivism reduction, and support for successful community
Page 2, Line 6reentry while recognizing the importance of truth in sentencing,
Page 2, Line 7supporting the rights and needs of victims, and promoting the efficient use of public resources.
Page 2, Line 8SECTION 2. In Colorado Revised Statutes, add part 24 to article 2 of title 2 as follows:
Page 2, Line 9PART 24
LEGISLATION INSIDE ADVISORY COUNCIL
Page 2, Line 102-2-2401. Short title.The short title of this part 24 is the "Legislation Inside Advisory Council Act".
Page 2, Line 112-2-2402. Definitions.As used in this part 24, unless the context otherwise requires:
Page 2, Line 12(1) "Correctional facility" has the same meaning as set forth in section 17-1-102 (1.7).
Page 3, Line 1(2) "Council" means the legislation inside advisory council created in section 2-2-2403.
Page 3, Line 2(3) "Designated organization" means the nonprofit organization designated pursuant to section 2-2-2405.
Page 3, Line 3(4) "Private contract prison" has the same meaning as set forth in section 17-1-102 (7.3).
Page 3, Line 4(5) "Review committee" means the legislation inside advisory council review committee created in section 2-2- 2407.
Page 3, Line 52-2-2403. Legislation inside advisory council - creation -
Page 3, Line 6purpose. (1) There is created in the legislative branch the legislation inside advisory council.
Page 3, Line 7(2) The intent of the legislation inside advisory council is
Page 3, Line 8to provide people who are incarcerated with the opportunity to
Page 3, Line 9identify, examine, and discuss the issues, interests, and needs
Page 3, Line 10that directly affect them and to have a recognized opinion on
Page 3, Line 11legislation and policies that affect their lives, their families'
Page 3, Line 12lives, their communities, and the public. Therefore, the purpose
Page 3, Line 13of the council is to identify, examine, and discuss the issues,
Page 3, Line 14interests, and needs affecting people who are incarcerated and
Page 3, Line 15to formally advise and make recommendations to the general assembly regarding those issues, interests, and needs.
Page 3, Line 162-2-2404. Membership - selection - terms - repeal. (1) The council consists of the following members:
Page 3, Line 17(a) Four nonvoting legislative members, two of whom are
Page 3, Line 18members of the senate and two of whom are members of the
Page 3, Line 19house of representatives;
Page 4, Line 1(b) Forty voting nonlegislative members, all of whom
Page 4, Line 2must be incarcerated in a correctional facility or private
Page 4, Line 3contract prison at the time of their appointment and for the
Page 4, Line 4duration of their term. The nonlegislative membership described in this subsection (1)(b) must:
Page 4, Line 5(I) Include people who are incarcerated in men's
Page 4, Line 6correctional facilities or private contract prisons and people
Page 4, Line 7who are incarcerated in women's correctional facilities or private contract prisons;
Page 4, Line 8(II) Include people who are incarcerated in different
Page 4, Line 9levels of security at correctional facilities or private contract prisons; and
Page 4, Line 10(III) To the extent practicable, reflect the demographic diversity of the state; and
Page 4, Line 11(c) The executive director of the department of corrections, or the executive director's designee.
Page 4, Line 12(2) (a) Legislative members of the council are appointed as follows:
Page 4, Line 13(I) On or before December 31, 2025, and on or before
Page 4, Line 14December 31 every two years thereafter, the president and
Page 4, Line 15minority leader of the senate shall each appoint one member from the senate; and
Page 4, Line 16(II) On or before December 31, 2025, and on or before
Page 4, Line 17December 31 every two years thereafter, the speaker and
Page 4, Line 18minority leader of the house of representatives shall each appoint one member from the house of representatives.
Page 4, Line 19(b) Nonlegislative members of the council are appointed as follows:
Page 5, Line 1(I) (A) On or before September 15, 2025, the designated
Page 5, Line 2organization shall collaborate with the department of
Page 5, Line 3corrections to adopt an application process for interested and
Page 5, Line 4eligible people to apply for appointment to the council,
Page 5, Line 5including the content and availability of the application form, selection criteria, and an application review process.
Page 5, Line 6(B) On or before October 1, 2025, a person who meets the
Page 5, Line 7eligibility criteria set forth in this section may apply to the
Page 5, Line 8designated organization for appointment to the council. On or
Page 5, Line 9before December 31, 2025, the designated organization shall appoint nonlegislative members to the council.
Page 5, Line 10(C) This subsection (2)(b)(I) is repealed, effective July 1, 2027.
Page 5, Line 11(II) (A) On or before April 1, 2026, the council shall
Page 5, Line 12collaborate with the department of corrections to adopt a
Page 5, Line 13policy concerning council terms, including term duration; term
Page 5, Line 14limits, if any; and removal proceedings. By October 1, 2026, the
Page 5, Line 15council shall appoint council membership pursuant to the policy. The council may amend the policy.
Page 5, Line 16(B) The council shall collaborate with the department of
Page 5, Line 17corrections to adopt an application process for interested and
Page 5, Line 18eligible people to apply for appointment to the council,
Page 5, Line 19including the content and availability of the application form, selection criteria, and an application review process.
Page 5, Line 20(C) The council shall collaborate with the department of
Page 5, Line 21corrections to develop a policy and process for sharing information necessary for the purposes of this part 24.
Page 6, Line 1(III) (A) Subject to available appropriations, legislative
Page 6, Line 2members of the council must be compensated for council meeting
Page 6, Line 3attendance in the same manner as provided in section 2-2-307 for
Page 6, Line 4legislative members attending meetings during the legislative
Page 6, Line 5interim. All expenditures incurred by the council must be
Page 6, Line 6approved by the chair of the executive committee of the
Page 6, Line 7legislative council and paid for by vouchers and warrants
Page 6, Line 8drawn as provided by law from money allocated to the
Page 6, Line 9legislative council for legislative committees from appropriations made by the general assembly.
Page 6, Line 10(B) Nonlegislative members serve without compensation
Page 6, Line 11but may be reimbursed for expenses directly relating to their service on the council.
Page 6, Line 12(3) (a) If a vacancy of a legislative member occurs, the
Page 6, Line 13appointing authority of the vacated seat shall promptly appoint a new member to complete the term.
Page 6, Line 14(b) The council shall adopt, and may amend, a vacancy
Page 6, Line 15policy. If a vacancy of a nonlegislative member occurs, the seat must be appointed pursuant to the vacancy policy.
Page 6, Line 16(4) The council shall adopt, and may amend, written
Page 6, Line 17bylaws setting forth a leadership structure. The council shall
Page 6, Line 18appoint members to serve in any leadership roles as described in its bylaws.
Page 6, Line 192-2-2405. Duties - meetings - community outreach -
Page 6, Line 20designation of organization to accept donations - authority to
Page 6, Line 21contract - legislative intent. (1) The council shall:
Page 7, Line 1(a) Identify, examine, and discuss the issues, interests, and needs affecting people who are incarcerated; and
Page 7, Line 2(b) Make recommendations for legislation or alternative policy solutions regarding those issues, interests, and needs.
Page 7, Line 3(2) (a) On or before September 1, 2025, the director of the
Page 7, Line 4legislative council shall use a request for proposal process to
Page 7, Line 5contract with and designate a nonprofit organization to
Page 7, Line 6provide staffing, administrative, and operational assistance and
Page 7, Line 7to serve as the custodian of money donated to the council
Page 7, Line 8through the designated organization, subject to the approval of
Page 7, Line 9the chair of the executive committee of the legislative council.
Page 7, Line 10The designated organization selected following the 2025
Page 7, Line 11request for proposal process shall, pursuant to one or more
Page 7, Line 12contracts, provide the staffing, administrative, operational,
Page 7, Line 13and custodian services through June 30, 2030. Thereafter, the
Page 7, Line 14director of the legislative council shall, on or before April 15,
Page 7, Line 152030, and on or before every second April 15 thereafter, use a
Page 7, Line 16request for proposal process to contract with and designate a
Page 7, Line 17nonprofit organization to provide staffing, administrative,
Page 7, Line 18operational, and custodian services, subject to the approval of
Page 7, Line 19the chair of the executive committee of the legislative council.
Page 7, Line 20The term of each contract entered into for a term commencing
Page 7, Line 21on or after July 1, 2030, is two state fiscal years; except that a
Page 7, Line 22contract may be extended for one additional two-year term. If
Page 7, Line 23a contract is extended, the request for proposal for the next
Page 7, Line 24contract must be issued on or before the April 15 immediately
Page 7, Line 25preceding the expiration of the extension term. The designated
Page 8, Line 1organization is authorized to expend any money it receives as is
Page 8, Line 2necessary to provide staffing, administrative, operational, and
Page 8, Line 3custodian services for the council. The designated organization
Page 8, Line 4and the council may solicit and accept monetary and in-kind
Page 8, Line 5gifts, grants, and donations used to further the council's duties
Page 8, Line 6and responsibilities. Any money donated or awarded to the
Page 8, Line 7designated organization for the benefit of the council is not
Page 8, Line 8subject to appropriation by the general assembly. Any money
Page 8, Line 9obtained by the council or the designated organization, that is
Page 8, Line 10unexpended and unencumbered at the time the council is
Page 8, Line 11dissolved, must be distributed according to appropriate federal
Page 8, Line 12and state laws governing nonprofit organizations. If a different
Page 8, Line 13nonprofit or private organization is subsequently designated as
Page 8, Line 14the custodian of donated money, any money that is unexpended
Page 8, Line 15and unencumbered at the time of the change in designation must
Page 8, Line 16be promptly transferred by the previously designated organization to the newly designated organization.
Page 8, Line 17(b) The director of the legislative council shall consult
Page 8, Line 18with the executive director of the department of corrections
Page 8, Line 19during the request for proposal process pursuant to subsection
Page 8, Line 20(2)(a) of this section to ensure that designated organization
Page 8, Line 21applicants satisfy department of corrections' requirements,
Page 8, Line 22including requirements for third parties that work with people who are incarcerated.
Page 8, Line 23(c) The designated organization, on behalf of the council,
Page 8, Line 24may provide or accept in-kind staff support from nonprofit
Page 8, Line 25agencies or private organizations, including itself, or may
Page 9, Line 1contract with outside entities for the purpose of providing staff
Page 9, Line 2support to assist the council in conducting its duties and
Page 9, Line 3responsibilities. Any staff support personnel provided by the
Page 9, Line 4designated organization or a nonprofit agency or private
Page 9, Line 5organization, either donated or engaged through a contract, are not considered employees of the council or the state.
Page 9, Line 6(3) (a) The council must meet at least three times per
Page 9, Line 7month. Meetings may be held through the use of audio-visual communication technology.
Page 9, Line 8(b) A legislative member shall attend at least one meeting per quarter.
Page 9, Line 9(4) The council may develop rules and procedures to govern its activities.
Page 9, Line 10(5) The designated organization, on behalf of the council,
Page 9, Line 11shall utilize news outlets and publications, public awareness
Page 9, Line 12campaigns, and a website to develop and maintain regular
Page 9, Line 13communication concerning its activities with the incarcerated population of the state, the state, and interested parties.
Page 9, Line 14(6) The designated organization, on behalf of the council,
Page 9, Line 15may collaborate with any person or entity that the council
Page 9, Line 16deems appropriate to assist the council in performing its duties.
Page 9, Line 17A state or local entity that is requested to provide assistance
Page 9, Line 18to the council in performing the council's duties shall assist the
Page 9, Line 19council to the extent the assistance provided by the state or
Page 9, Line 20local entity is consistent with the state's or local entity's duties and law.
Page 9, Line 21(7) The designated organization, on behalf of the council,
Page 10, Line 1is authorized to contract with another nonprofit for the
Page 10, Line 2implementation of this part 24. Any contract entered into by the
Page 10, Line 3council must be signed by the chair of the review committee and the chair of the executive committee of the legislative council.
Page 10, Line 4(8) Within existing resources, the department of
Page 10, Line 5corrections shall provide the council or designated
Page 10, Line 6organization any necessary staff support, meeting space, and audio-visual communication technology resources.
Page 10, Line 7(9) It is the intent of the general assembly that no
Page 10, Line 8general fund money be appropriated for a contract with the
Page 10, Line 9designated organization for the performance of its duties
Page 10, Line 10pursuant to this part 24. The designated organization is solely
Page 10, Line 11responsible for the costs of providing the contracted services
Page 10, Line 12and performing its duties pursuant to this part 24. The
Page 10, Line 13designated organization may accept monetary or in-kind gifts,
Page 10, Line 14grants, and donations to defray the costs of providing the
Page 10, Line 15contracted services and performing its duties pursuant to this part 24.
Page 10, Line 16(10) The duties required in this part 24 are contingent on
Page 10, Line 17awarding a contract and designating a nonprofit organization
Page 10, Line 18pursuant to subsection (2) of this section. If a contract is not
Page 10, Line 19awarded and a nonprofit organization is not designated to
Page 10, Line 20provide staffing and facilitate the performance of the council's
Page 10, Line 21duties required pursuant to this part 24, then none of the
Page 10, Line 22provisions of this part 24 are required to occur and the review committee shall not meet.
Page 10, Line 232-2-2406. Report. (1) Beginning January 2027, and each
Page 11, Line 1January thereafter, the council shall report, at a minimum, the
Page 11, Line 2information described in subsection (2) of this section to the
Page 11, Line 3judiciary committees of the senate and the house of
Page 11, Line 4representatives, of their successor committees, as part of the
Page 11, Line 5department of correction's "SMART Act" presentation required pursuant to part 2 of article 7 of this title 2.
Page 11, Line 6(2) In its report, the council shall, at a minimum, describe the:
Page 11, Line 7(a) Issues, interests, and needs affecting people who are
Page 11, Line 8incarcerated that were identified, examined, and discussed by the council in the preceding year;
Page 11, Line 9(b) Council's recommendations for legislation or
Page 11, Line 10alternative policy solutions regarding those issues, interests, and needs; and
Page 11, Line 11(c) Results from the implementation of legislation or alternative policy solutions developed pursuant to this part 24.
Page 11, Line 12(3) In addition to reporting to the general assembly, the
Page 11, Line 13council shall submit its report to the executive director of the
Page 11, Line 14department of corrections, and any other person or entity that the council deems necessary as an interested party.
Page 11, Line 15(4) Notwithstanding the requirement in section 24-1-136
Page 11, Line 16(11)(a)(I), the requirement to submit the report required in this section continues indefinitely.
Page 11, Line 172-2-2407. Legislation inside advisory council review committee
Page 11, Line 18- created. (1) There is created in the legislative branch the
Page 11, Line 19legislation inside advisory council review committee to review
Page 11, Line 20the council's work and to recommend legislation regarding issues affecting people who are incarcerated.
Page 12, Line 1(2) (a) The review committee includes the following voting members:
Page 12, Line 2(I) The four legislative members of the council; and
Page 12, Line 3(II) One member of the legislative council, created in
Page 12, Line 4section 2-3-301, appointed by the chair of the legislative council
Page 12, Line 5on or before April 1, 2026, and on or before April 1 each year thereafter.
Page 12, Line 6(b) The review committee includes five nonvoting members of the council, appointed by the council.
Page 12, Line 7(3) In odd-numbered years, the president of the senate
Page 12, Line 8shall appoint the chair and the speaker of the house of
Page 12, Line 9representatives shall appoint the vice-chair of the review
Page 12, Line 10committee. In even-numbered years, the speaker shall appoint
Page 12, Line 11the chair and the president shall appoint the vice-chair of the
Page 12, Line 12review committee. The president and the speaker shall make the
Page 12, Line 13appointments on or before April 1, 2026, and on or before April 1 of each year thereafter.
Page 12, Line 14(4) The review committee shall not meet more than three
Page 12, Line 15times during each interim. A majority of voting members constitutes a quorum.
Page 12, Line 16(5) The review committee may not travel unless
Page 12, Line 17authorized by the executive committee of the legislative council.
Page 12, Line 18(6) The review committee may recommend up to a total of
Page 12, Line 19three bills during each interim. Legislation recommended by the
Page 12, Line 20review committee is treated as legislation recommended by an
Page 13, Line 1interim committee for purposes of applicable deadlines, bill
Page 13, Line 2introduction limits, and any other requirements imposed by the joint rules of the general assembly.
Page 13, Line 3(7) Voting members of the review committee are entitled
Page 13, Line 4to compensation pursuant to section 2-2-307. Subject to
Page 13, Line 5available funds, nonvoting members of the review committee may receive reimbursement for expenses.
Page 13, Line 6(8) The legislative council staff and the staff of the
Page 13, Line 7office of legislative legal services shall assist the review committee in carrying out its duties pursuant to this section.
Page 13, Line 8SECTION 3. Safety clause. The general assembly finds,
Page 13, Line 9determines, and declares that this act is necessary for the immediate
Page 13, Line 10preservation of the public peace, health, or safety or for appropriations for
Page 13, Line 11the support and maintenance of the departments of the state and state institutions.