Senate Bill 26-036 Introduced

A Bill for an Act

• Page 1, Line 101Concerning increasing operational efficiency of existing

• Page 1, Line 102prison population management measures.

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 requires the executive director of the department of corrections (department) to report, no later than the fifth day of each month, the department's previous month's compliance with the prison population management mandates, including, if certain measures must be in effect, actions taken by the department and the documented impact of implementing the required measures.

When the prison bed vacancy rate in correctional facilities and state-funded private contract prisons falls below 3% for 30 consecutive days, current law requires the department to notify certain individuals and entities (notification) and implement prison population management measures. The bill includes additional individuals and entities that are required to receive the notification and requires the notification to occur within 48 hours of the vacancy rate falling below 3% for 30 consecutive days. The bill requires the individuals and entities that receive the notification to acknowledge receipt of the notification and confirm compliance with the prison population management measures.

The bill includes additional prison population management measures, including measures to:

• Transition certain inmates from a community corrections program to nonresidential status, require the division of adult parole to notify community parole officers of the prison bed shortage and consider alternate sanctions for technical violations, and identify potential alternative placements for transition inmates at risk of being regressed back to prison from a community corrections program;
• Grant certain inmates who are within 120 days of their mandatory release date or statutory discharge date with an additional 60 days of earned time;
• Finalize an inmate's release within 7 days of the department finding the inmate was granted conditional release by the parole board and satisfied the specific conditions prior to the release; and
• Identify eligible inmates who are past their parole eligibility date and review each application for parole on an expedited basis.

If the prison population management measures are in effect, the bill encourages certain individuals and entities that received the notification to consider an alternative to a prison sentence, if lawfully available, for cases pending sentencing or resentencing.

• 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

• Page 2, Line 3finds that:

• Page 2, Line 4(a)  States across the country have enacted prison population

• Page 2, Line 5management measures that recognize that overcrowded prison facilities

• Page 2, Line 6are a threat to the health and safety of staff and inmates;

• Page 3, Line 1(b)  It is universally recognized that ensuring systematic and

• Page 3, Line 2operational efficiencies can effectively manage prison populations

• Page 3, Line 3without compromising public safety;

• Page 3, Line 4(c)  In 2018, the Colorado general assembly unanimously adopted

• Page 3, Line 5prison population management measures that trigger specific actions

• Page 3, Line 6when the department of corrections' prison bed vacancy rate falls below

• Page 3, Line 7a specified level for 30 consecutive days;

• Page 3, Line 8(d)  On August 16, 2025, the department of corrections' prison bed

• Page 3, Line 9vacancy rate fell to a level that triggered the prison population

• Page 3, Line 10management measures for the first time; and

• Page 3, Line 11(e)  The implementation of current prison population management

• Page 3, Line 12measures has not made an impact on prison overcrowding in Colorado.

• Page 3, Line 13There is limited data available to assess the reasons for this lack of impact

• Page 3, Line 14since there is no data reporting required by state law on the

• Page 3, Line 15implementation of the mandated prison population management

• Page 3, Line 16measures. However, there is clearly the potential for impact because

• Page 3, Line 17reliable data indicates that a significant number of inmates are eligible for

• Page 3, Line 18placement in the community through community corrections boards, and

• Page 3, Line 19roughly 4,600 inmates are past their parole eligibility date.

• Page 3, Line 20(2)  Therefore, the general assembly declares that revising

• Page 3, Line 21Colorado's existing prison population management measures is necessary

• Page 3, Line 22in order to address operational inefficiencies, obtain necessary data, and

• Page 3, Line 23increase transparency and accountability, and that the efficient

• Page 3, Line 24management of prison populations is a matter of ongoing concern for

• Page 3, Line 25correctional staff and inmates.

• Page 3, Line 26SECTION 2.  In Colorado Revised Statutes, 17-1-103, add

• Page 3, Line 27(1)(m.5) as follows:

• Page 4, Line 117-1-103.  Duties of the executive director.

• Page 4, Line 2(1)  The duties of the executive director are:

• Page 4, Line 3(m.5)  To ensure that the department complies with all

• Page 4, Line 4prison population management mandates required by law,

• Page 4, Line 5including implementing, when necessary, the prison population

• Page 4, Line 6management measures set forth in section 17-1-119.7;

• Page 4, Line 7SECTION 3.  In Colorado Revised Statutes, 17-1-103.3, amend

• Page 4, Line 8(1)(a)(I); and add (1)(a)(III) as follows:

• Page 4, Line 917-1-103.3.  Reports for budgeting - definition.

• Page 4, Line 10(1) (a)  No later than the fifth day of each month, the executive

• Page 4, Line 11director shall report the department's previous month's:

• Page 4, Line 12(I)  Bed capacity and average daily inmate population by prison

• Page 4, Line 13facility, security level, and custody classification; and

• Page 4, Line 14(III)  Compliance with the prison population management

• Page 4, Line 15measures described in section 17-1-119.7 if the measures are in

• Page 4, Line 16effect during the previous month, including each notice sent by

• Page 4, Line 17the department and acknowledgment of receipt of the notice by

• Page 4, Line 18individuals and entities listed in section 17-1-119.7 (1), actions

• Page 4, Line 19taken by the department to comply with the required measures,

• Page 4, Line 20and the documented impact of implementing the required

• Page 4, Line 21measures.

• Page 4, Line 22SECTION 4.  In Colorado Revised Statutes, amend 17-1-119.7

• Page 4, Line 23as follows:

• Page 4, Line 2417-1-119.7.  Prison population management measures -

• Page 4, Line 25definitions.

• Page 4, Line 26(1) (a)  The department shall track the prison bed vacancy rate in

• Page 4, Line 27both correctional facilities and state-funded private contract prison beds

• Page 5, Line 1on a monthly basis. If the prison bed vacancy rate falls below three

• Page 5, Line 2percent for thirty consecutive days, the department shall, within

• Page 5, Line 3forty-eight hours, notify the following:

• Page 5, Line 4(I)  The governor;

• Page 5, Line 5(II)  The joint budget committee;

• Page 5, Line 6(III)  The house of representatives judiciary committee and

• Page 5, Line 7the senate judiciary committee, or their successor committees;

• Page 5, Line 8(IV)  The parole board and each release hearing officer and

• Page 5, Line 9administrative hearing officer under contract with the parole

• Page 5, Line 10board;

• Page 5, Line 11(V)  The division of adult parole described in section

• Page 5, Line 1217-2-102;

• Page 5, Line 13(VI)  The office of community corrections in the

• Page 5, Line 14department of public safety;

• Page 5, Line 15(VII)  Each community corrections board and community

• Page 5, Line 16corrections program, as those terms are defined in section

• Page 5, Line 1717-27-102;

• Page 5, Line 18(VIII)  Each elected district attorney;

• Page 5, Line 19(IX)  The office of state public defender created in section

• Page 5, Line 2021-1-101;

• Page 5, Line 21(X)  The office of office of alternate defense counsel

• Page 5, Line 22created in section 21-2-101;

• Page 5, Line 23(XI)  The chief judge of each judicial district; the state public

• Page 5, Line 24defender, and the office of community corrections in the department of

• Page 5, Line 25public safety. The department shall notify the governor, the joint budget

• Page 5, Line 26committee, the parole board, each elected district attorney, the chief judge

• Page 5, Line 27of each judicial district, the state public defender, and the office of

• Page 6, Line 1community corrections once the vacancy rate exceeds four percent for

• Page 6, Line 2thirty consecutive days.

• Page 6, Line 3(XII)  The chief probation officer in each judicial district;

• Page 6, Line 4(XIII)  The office of the state court administrator; and

• Page 6, Line 5(XIV)  Each county sheriff of Colorado.

• Page 6, Line 6(b)  If the prison bed vacancy rate exceeds three percent

• Page 6, Line 7for thirty consecutive days, the department shall notify each

• Page 6, Line 8person and entity listed in subsection (1)(a) of this section that

• Page 6, Line 9the mandates required pursuant to this section are no longer in

• Page 6, Line 10effect.

• Page 6, Line 11(c)  Each individual and entity that receives notification

• Page 6, Line 12pursuant to subsection (1)(a) of this section shall acknowledge

• Page 6, Line 13receipt, in writing, of the notification and confirm compliance

• Page 6, Line 14with the notification requirements described in subsection (2)(c)

• Page 6, Line 15of this section.

• Page 6, Line 16(2) (a)  If the prison bed vacancy rate in correctional facilities and

• Page 6, Line 17state-funded private contract prison beds falls below three percent for

• Page 6, Line 18thirty consecutive days, the department shall:

• Page 6, Line 19(I) (A)  Request, the office of community corrections to in

• Page 6, Line 20writing, that each provider who operates a community

• Page 6, Line 21corrections program provide the department with information

• Page 6, Line 22regarding the location and nature of any unutilized funded and

• Page 6, Line 23available community corrections beds, The office of and any funded

• Page 6, Line 24beds that may become available in the next thirty days. Each

• Page 6, Line 25community corrections provider shall provide the information to the

• Page 6, Line 26department within seventy-two hours of the request and on a weekly

• Page 6, Line 27basis until the office of community corrections provider receives

• Page 7, Line 1notification from the department that the vacancy rate exceeds three

• Page 7, Line 2percent mandates required by this section are no longer in effect.

• Page 7, Line 3(B)  Request, in writing, that each community corrections

• Page 7, Line 4provider review each transition inmate who has resided in the

• Page 7, Line 5community corrections program operated by the provider for

• Page 7, Line 6more than one hundred eighty days and provide the department

• Page 7, Line 7with a list of transition inmates who meet the statutory criteria

• Page 7, Line 8to progress to nonresidential status. Within fourteen calendar

• Page 7, Line 9days after receiving the list of transition inmates, the

• Page 7, Line 10department shall investigate and approve a residence plan for

• Page 7, Line 11each transition inmate on the list and submit the approved

• Page 7, Line 12residence plan to the relevant community corrections board.

• Page 7, Line 13Within fourteen calendar days after receiving a transition plan

• Page 7, Line 14from the department, the community corrections board shall

• Page 7, Line 15approve or deny the inmate's placement to nonresidential status

• Page 7, Line 16and shall notify the department of its determination.

• Page 7, Line 17(C)  Request, in writing, that each community corrections

• Page 7, Line 18board review all pending inmate transition placement

• Page 7, Line 19applications on an expedited basis, but no later than fourteen

• Page 7, Line 20days after the request for transition is received by the board;

• Page 7, Line 21(D)  Request, in writing, that the office of community

• Page 7, Line 22corrections investigate expanding the capacity for inmate

• Page 7, Line 23transition beds in community corrections that could be provided

• Page 7, Line 24on a temporary or longer-term basis, including the number of

• Page 7, Line 25beds;

• Page 7, Line 26(E)  Require that department case managers review each

• Page 7, Line 27inmate to determine if the inmate is eligible for community

• Page 8, Line 1corrections placement and initiate a referral to the relevant

• Page 8, Line 2community corrections board within seven days after the

• Page 8, Line 3eligibility determination;

• Page 8, Line 4(F)  Require that the division of adult parole notify each

• Page 8, Line 5community parole officer, in writing, of the prison bed shortage

• Page 8, Line 6and request that parole officers consider alternative sanctions

• Page 8, Line 7for technical violations, if lawfully available and consistent

• Page 8, Line 8with public safety; and

• Page 8, Line 9(G)  Require that the division of adult parole identify, in

• Page 8, Line 10writing, potential alternative placements, including, but not

• Page 8, Line 11limited to, referral to another community corrections program;

• Page 8, Line 12a residential treatment program; a certified recovery

• Page 8, Line 13residence, as defined in section 27-80-129; or a community-based

• Page 8, Line 14reentry program, for any transition inmate at risk of being

• Page 8, Line 15regressed back to prison from a community corrections

• Page 8, Line 16program, unless the basis for regression is for a conviction for

• Page 8, Line 17a new felony offense while the inmate was in the community

• Page 8, Line 18corrections program;

• Page 8, Line 19(II)  Request that the parole board review a list of Within five

• Page 8, Line 20days after the prison bed vacancy rate falls below three

• Page 8, Line 21percent for thirty consecutive days, and every thirty days

• Page 8, Line 22thereafter, identify inmates who are within ninety one hundred

• Page 8, Line 23twenty days of their mandatory release date have an approved parole

• Page 8, Line 24plan, and do not require full board review or victim notification pursuant

• Page 8, Line 25to section 24-4.1-302.5 (1)(j); or statutory discharge date and

• Page 8, Line 26forthwith grant each inmate an additional sixty days of earned

• Page 8, Line 27time through the time computation unit of the department,

• Page 9, Line 1unless the inmate has been found guilty of a class I code of

• Page 9, Line 2penal discipline violation within the previous twelve months

• Page 9, Line 3from the date of identification pursuant to this subsection

• Page 9, Line 4(2)(a)(II) or since incarceration, whichever is shorter. Earned

• Page 9, Line 5time granted pursuant to this subsection (2)(a)(II) is in addition

• Page 9, Line 6to earned time awarded pursuant to, and is not subject to any

• Page 9, Line 7limitation on earned time described in, section 17-22.5-405. The

• Page 9, Line 8department shall submit the list of the identified inmates to the

• Page 9, Line 9parole board to ensure the conditions of parole have been, or

• Page 9, Line 10will be, ordered prior to the inmate's release.

• Page 9, Line 11(III)  Within five days after the prison bed vacancy rate

• Page 9, Line 12falls below three percent for thirty consecutive days, coordinate

• Page 9, Line 13with the parole board to review the create a list of inmates who have

• Page 9, Line 14satisfied conditions for conditional release verified by the department of

• Page 9, Line 15corrections, do not require full board review or victim notification

• Page 9, Line 16pursuant to section 24-4.1-302.5 (1)(j), and have satisfied the condition

• Page 9, Line 17or conditions required for an order to parole; and were granted

• Page 9, Line 18conditional release by the parole board subject to the

• Page 9, Line 19satisfaction of specific conditions prior to release on parole. No

• Page 9, Line 20later than seven days after creating the list, the department

• Page 9, Line 21shall inform the parole board if a listed inmate has satisfied the

• Page 9, Line 22specific conditions required for release. If the inmate has

• Page 9, Line 23satisfied the conditions, the parole board shall finalize the

• Page 9, Line 24inmate's release within seven days of the department's finding.

• Page 9, Line 25If a specific condition relates to completing a program and the

• Page 9, Line 26condition has not been satisfied, the parole board shall

• Page 9, Line 27determine whether the condition can be satisfied after release

• Page 10, Line 1and mandated as a condition of parole. If a specific condition

• Page 10, Line 2relates to the failure of the division of adult parole to provide

• Page 10, Line 3a parole plan in a timely fashion pursuant to section 17-22.5-403

• Page 10, Line 4(5), the parole board shall notify the executive director and the

• Page 10, Line 5executive director shall require a case manager supervisor to

• Page 10, Line 6submit an approved parole plan to the parole board within

• Page 10, Line 7fourteen days after receiving notice from the executive

• Page 10, Line 8director.

• Page 10, Line 9(IV) (A)  Within fourteen days after the prison bed

• Page 10, Line 10vacancy rate falls below three percent for thirty consecutive

• Page 10, Line 11days, submit to the parole board a list of eligible inmates with a

• Page 10, Line 12favorable parole plan who have been assessed to be medium or lower risk

• Page 10, Line 13on the validated risk assessment scale developed pursuant to section

• Page 10, Line 1417-22.5-404 (2) who are incarcerated in a level I or level II

• Page 10, Line 15facility, as those terms are defined in section 17-1-104.3, who are

• Page 10, Line 16past their parole eligibility date. The parole board shall

• Page 10, Line 17consider the list as an individual application for parole for each

• Page 10, Line 18inmate on the list and review, on an expedited basis, each

• Page 10, Line 19application consistent with section 17-2-201. Except as provided in

• Page 10, Line 20subsection (2)(a)(IV)(B) of this section, the parole board shall conduct a

• Page 10, Line 21file review of each inmate on the list and set conditions of release for the

• Page 10, Line 22inmate within thirty days after receipt of the list and set a day of release

• Page 10, Line 23no later than thirty days after conducting the file review.

• Page 10, Line 24(B)  If victim notification is required and a victim wishes to

• Page 10, Line 25provide input, the parole board shall schedule a hearing in lieu of a file

• Page 10, Line 26review and set conditions of release for the inmate and a date of release

• Page 10, Line 27no later than thirty days after conducting the hearing.

• Page 11, Line 1(C)  If additional information is needed, the parole board may table

• Page 11, Line 2a decision after the file review or hearing and request additional

• Page 11, Line 3information from the department. The parole board may grant or deny

• Page 11, Line 4parole to an applicant, and, if the decision is to deny parole, it must be

• Page 11, Line 5based on a majority vote of the full board.

• Page 11, Line 6(D)  An inmate is not eligible for release pursuant to this section

• Page 11, Line 7if he or she is the inmate is serving a sentence for an offense

• Page 11, Line 8enumerated in section 24-4.1-302 or section 16-22-102 (9) or has had a

• Page 11, Line 9class I code of penal discipline violation within the previous twelve

• Page 11, Line 10months from the date of the list or since incarceration, whichever is

• Page 11, Line 11shorter; has been terminated for lack of progress or declined in writing to

• Page 11, Line 12participate in programs that have been recommended and made available

• Page 11, Line 13to the inmate within the previous twelve months or since incarceration,

• Page 11, Line 14whichever is shorter; has waived consideration for parole

• Page 11, Line 15pursuant to section 17-2-204 (2); or has been regressed from

• Page 11, Line 16community-corrections or revoked from parole within the previous one

• Page 11, Line 17hundred eighty days. or has a pending felony charge, detainer, or an

• Page 11, Line 18extraditable warrant.

• Page 11, Line 19(E)  An inmate is eligible for release pursuant to this subsection

• Page 11, Line 20(2)(a)(IV) if the inmate is at or past his or her the inmate's parole

• Page 11, Line 21eligibility date and is only serving a sentence for a conviction of a level

• Page 11, Line 223 or level 4 drug felony or a class 3, class 4, class 5, or class 6 nonviolent

• Page 11, Line 23felony offense.

• Page 11, Line 24(F)  If an inmate has a pending felony charge, detainer, or

• Page 11, Line 25extraditable warrant, and is otherwise eligible for release to

• Page 11, Line 26parole, the department shall notify the department liaison for

• Page 11, Line 27the office of state public defender, as described in section

• Page 12, Line 121-1-104 (6), to determine whether the legal matter can be

• Page 12, Line 2resolved on a forthwith basis.

• Page 12, Line 3(b)  The department may utilize any, all, or a combination of the

• Page 12, Line 4measures described in subsection (2)(a) of this section when the prison

• Page 12, Line 5bed vacancy rate falls below two three percent for thirty consecutive

• Page 12, Line 6days and until the vacancy rate is above three percent for thirty

• Page 12, Line 7consecutive days.

• Page 12, Line 8(c)  If the prison bed vacancy rate falls below three

• Page 12, Line 9percent for thirty consecutive days and a notification is made

• Page 12, Line 10pursuant to subsection (1)(a) of this section and received by:

• Page 12, Line 11(I)  An elected district attorney, the elected district

• Page 12, Line 12attorney shall notify each deputy district attorney assigned to

• Page 12, Line 13felony cases and each deputy district attorney serving on the

• Page 12, Line 14local community corrections board of the prison bed shortage

• Page 12, Line 15and that prison population management measures are in effect,

• Page 12, Line 16and that the deputy district attorneys are encouraged to

• Page 12, Line 17consider an alternative to a prison sentence, if lawfully

• Page 12, Line 18available, for cases pending sentencing or resentencing, when

• Page 12, Line 19the alternative sentence is consistent with the purposes of

• Page 12, Line 20sentencing described in section 18-1-102.5 and public safety;

• Page 12, Line 21(II)  The office of state public defender, the office shall

• Page 12, Line 22notify each attorney assigned to represent individuals charged

• Page 12, Line 23with a felony offense and each attorney serving on the local

• Page 12, Line 24community corrections board of the prison bed shortage and

• Page 12, Line 25that prison population management measures are in effect, and

• Page 12, Line 26request that each attorney utilize available resources to

• Page 12, Line 27investigate and advocate for an alternative to a prison

• Page 13, Line 1sentence, if lawfully available, for cases pending sentencing or

• Page 13, Line 2resentencing;

• Page 13, Line 3(III)  The office of alternate defense counsel, the office

• Page 13, Line 4shall notify each attorney assigned to represent individuals

• Page 13, Line 5charged with a felony offense of the current prison bed

• Page 13, Line 6shortage and that prison population management measures are

• Page 13, Line 7in effect, and request that each attorney utilize available

• Page 13, Line 8resources to investigate and advocate for an alternative to a

• Page 13, Line 9prison sentence, if lawfully available, for cases pending

• Page 13, Line 10sentencing or resentencing;

• Page 13, Line 11(IV)  A chief judge of a judicial district, the chief judge

• Page 13, Line 12shall notify each district court judge in the judicial district

• Page 13, Line 13assigned to felony cases of the current prison bed shortage and

• Page 13, Line 14that prison population management measures are in effect, and

• Page 13, Line 15that judges are encouraged to consider alternative to prison

• Page 13, Line 16sentences, when lawfully available, if an alternative sentence

• Page 13, Line 17is consistent with the purposes of sentencing as provided in

• Page 13, Line 18section 18-1-102.5; or

• Page 13, Line 19(V)  A chief probation officer for a judicial district, the

• Page 13, Line 20chief probation officer shall notify each probation officer who

• Page 13, Line 21supervises individuals on felony probation of the current prison

• Page 13, Line 22bed shortage and that prison population management measures

• Page 13, Line 23are in effect, and that the probation officers are encouraged to

• Page 13, Line 24fully utilize available and appropriate intermediate sanctions

• Page 13, Line 25for technical violations of probation in lieu of revocation, if

• Page 13, Line 26lawfully available and consistent with public safety.

• Page 13, Line 27(3)  As used in this section, unless the context otherwise

• Page 14, Line 1requires:

• Page 14, Line 2(a)  "Local jail backlog" means the inmates under the

• Page 14, Line 3jurisdiction of the department of corrections who are being

• Page 14, Line 4housed in a local jail on behalf of the department.

• Page 14, Line 5(b)  "Local jail contract" means a contract between the

• Page 14, Line 6department and a local jail whereby the local jail houses

• Page 14, Line 7inmates under the jurisdiction of the department.

• Page 14, Line 8(c)  "Operational capacity" means the total number of

• Page 14, Line 9state and private prison beds funded in the current fiscal year,

• Page 14, Line 10minus any beds that are currently offline for maintenance; used

• Page 14, Line 11only for temporary placement, including infirmary, restrictive

• Page 14, Line 12housing, and transport beds; and the number of beds needed to

• Page 14, Line 13maintain a two and one-half percent vacancy rate.

• Page 14, Line 14(d)  "Prison bed vacancy rate" means the percentage of

• Page 14, Line 15operational capacity for prison beds that are currently unused.

• Page 14, Line 16For the purposes of calculating the prison bed vacancy rate, the

• Page 14, Line 17department shall include inmates under the jurisdiction of the

• Page 14, Line 18department who are housed in a local jail pursuant to a local

• Page 14, Line 19jail contract and those designated as local jail backlog.

• Page 14, Line 20SECTION 5.  Safety clause. The general assembly finds,

• Page 14, Line 21determines, and declares that this act is necessary for the immediate

• Page 14, Line 22preservation of the public peace, health, or safety or for appropriations for

• Page 14, Line 23the support and maintenance of the departments of the state and state

• Page 14, Line 24institutions.