House Bill 25-1214 Preamended

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.

• This Unofficial Version Includes Committee

• Amendments Not Yet Adopted on Second Reading

• 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 11(d)  Over 10% of persons admitted to prison as a new court

• Page 2, Line 12commitment are past or within 90 days or less of their parole eligibility

• Page 3, Line 1date upon admission to prison, especially if the conviction was for a

• Page 3, Line 2lower-level felony or drug felony. Courts, defense counsel, and

• Page 3, Line 3prosecutors do not have sentence time computation information at the time of sentencing.

• Page 3, Line 4(e)  Given that these new prison admissions are past or close to

• Page 3, Line 5their parole eligibility date, the department of corrections will be unlikely

• Page 3, Line 6to be able to provide education, treatment, or other rehabilitative

• Page 3, Line 7programs prior to release. Requiring the department of corrections to

• Page 3, Line 8notify the court when a new prison admission convicted of a lower-level

• Page 3, Line 9felony is past or near their parole eligibility date allows the court to

• Page 3, Line 10reconsider whether a sentence to prison is the most appropriate sentence with input from the prosecutor, defense counsel, and any victim.

• Page 3, Line 11(f)  The number of people approved by community corrections as

• Page 3, Line 12transition clients from prison has declined in recent years. In current law,

• Page 3, Line 13inmates with a detainer or warrant are ineligible for referral to community

• Page 3, Line 14corrections. Since that law went into effect, a new position was created

• Page 3, Line 15within the office of state public defender to serve as a liaison to the

• Page 3, Line 16department of corrections and parole board to assist with legal matters

• Page 3, Line 17including warrants and detainers, special needs parole, and competency.

• Page 3, Line 18Limiting the exclusionary criteria to only those situations when the

• Page 3, Line 19warrant and detainer cannot be resolved may enable the public defender

• Page 3, Line 20liaison to resolve outstanding warrants and detainers, creating a larger

• Page 3, Line 21pool of potential applicants who can be considered by the community corrections boards and community corrections programs.

• Page 3, Line 23SECTION 2.  In Colorado Revised Statutes, 16-11-301, amend

• Page 3, Line 24(1); and add (5) as follows:

• Page 4, Line 116-11-301.  Sentences - commitments - correctional facilities -

• Page 4, Line 2county jail - age limit. (1) (a)  As a general rule, imprisonment for the

• Page 4, Line 3conviction of a felony by an adult offender shall be is served by

• Page 4, Line 4confinement in an appropriate facility as determined by the executive

• Page 4, Line 5director of the department of corrections. In such cases, the court will

• Page 4, Line 6shall sentence the offender to the custody of the executive director of the department of corrections.

• Page 4, Line 7(b)  Prior to the imposition of a sentence to the

• Page 4, Line 8department of corrections for a conviction of a class 5 felony,

• Page 4, Line 9class 6 felony, class 3 drug felony, or class 4 drug felony at

• Page 4, Line 10sentencing or resentencing after a revocation of probation or

• Page 4, Line 11community corrections sentence, the court shall determine

• Page 4, Line 12whether incarceration is the most suitable option given the

• Page 4, Line 13facts and circumstances of the case and the purposes of sentencing pursuant to section 18-1-102.5.

• Page 4, Line 15(5)  Unless the prison sentence is the result of a stipulated

• Page 4, Line 16plea agreement for an exact number of years in prison, if a

• Page 4, Line 17sentencing court receives a notice from the executive director

• Page 4, Line 18of the department of corrections pursuant to section 17-1-103

• Page 4, Line 19(1)(s) that, at the time of admission, an offender sentenced to

• Page 4, Line 20prison by the court is either past or within ninety days of the

• Page 4, Line 21offender's parole eligibility date in the sentenced case, the

• Page 4, Line 22court shall notify counsel for the defendant and the

• Page 4, Line 23prosecution and request that the defendant file a motion if the

• Page 4, Line 24defendant wants to move for reconsideration. If the court

• Page 4, Line 25receives a motion for reconsideration, the court shall schedule

• Page 5, Line 1a hearing on the motion within thirty-five days after filing and,

• Page 5, Line 2at the hearing, may impose an alternative sentence.This hearing is subject to part 3 of article 4.1 of title 24.

• Page 5, Line 3SECTION 3.  In Colorado Revised Statutes, 17-1-103, add (1)(s) as follows:

• Page 5, Line 417-1-103.  Duties of the executive director. (1)  The duties of the executive director are:

• Page 5, Line 5(s)  If an offender is admitted to the custody of the

• Page 5, Line 6executive director as a new court commitment serving a

• Page 5, Line 7sentence where the controlling sentence is for a class 5 or

• Page 5, Line 8class 6 felony or a class 3 or class 4 drug felony and the

• Page 5, Line 9offender is determined by the department at admission to be past

• Page 5, Line 10or within ninety days of the offender's parole eligibility date,

• Page 5, Line 11the department shall notify the sentencing court within

• Page 5, Line 12fourteen days after admission and provide the court with

• Page 5, Line 13information on the parole eligibility date, the mandatory

• Page 5, Line 14release date, and the results of any intake assessments for the offender.

• Page 5, Line 15SECTION 4.  In Colorado Revised Statutes, 17-2-201, amend

• Page 5, Line 16(3)(h.1)(I), (4)(f)(I)(B), (4)(f)(I)(C), (5)(c)(II) introductory portion,

• Page 5, Line 17(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 5, Line 1817-2-201.  State board of parole - duties - definitions. (3)  The

• Page 5, Line 19chairperson, in addition to other provisions of law, has the following powers and duties:

• Page 5, Line 20(h.1)  To contract with qualified individuals to serve as release

• Page 5, Line 21hearing officers:

• Page 6, Line 1(I)  To conduct parole application hearings for inmates convicted

• Page 6, Line 2of class 4, class 5, or class 6 felonies or level 3 or level 4 drug felonies

• Page 6, Line 3who have been assessed to be less than high risk by the Colorado risk

• Page 6, Line 4assessment scale developed pursuant to section 17-22.5-404 (2)(a); or

• Page 6, Line 5hearings pursuant to subsection (19) of this section pursuant to rules adopted by the parole board; and

• Page 6, Line 6(4)  The board has the following powers and duties:

• Page 6, Line 7(f) (I)  To conduct an initial or subsequent parole release review in lieu of a hearing, without the presence of the inmate, if:

• Page 6, Line 8(B)  A detainer from the United States immigration and customs

• Page 6, Line 9enforcement agency has been filed with the department, the inmate meets

• Page 6, Line 10the 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 6, Line 11(C)  The inmate has a statutory discharge date or mandatory

• Page 6, Line 12release date within six months after his or her the inmate's next

• Page 6, Line 13ordinarily scheduled parole hearing and victim notification is not required pursuant to section 24-4.1-302.5.

• Page 6, Line 14(D)  The inmate is assessed to be a low or very low risk on the

• Page 6, Line 15validated risk assessment instrument developed pursuant to section

• Page 6, Line 1617-22.5-404 (2), the inmate meets readiness criteria established by the

• Page 6, Line 17board, and victim notification is not required pursuant to section 24-4.1-302.5; or

• Page 6, Line 18(E)  The inmate is subject to subsection (19) of this section.

• Page 6, Line 19(5) (c) (II)  Except if the offender is subject to subsection (19) of

• Page 6, Line 20this section, If the offender fails to pay the restitution, he or she the

• Page 6, Line 21offender may be returned to the board and, upon proof of failure to pay,

• Page 6, Line 22the board shall:

• Page 7, Line 1(5.5) (d) (I)  If a chemical test administered pursuant to the

• Page 7, Line 2requirements of this subsection (5.5) reflects the presence of drugs or

• Page 7, Line 3alcohol, the parolee may be required to participate at his own expense in

• Page 7, Line 4an appropriate drug or alcohol program; community correctional

• Page 7, Line 5nonresidential program; mental health program; certified recovery

• Page 7, Line 6residence, as defined in section 27-80-129; or other fee-based or non-fee-based treatment program approved by the parole board.

• Page 7, Line 7(5.7)  If, as a condition of parole, an offender is required to

• Page 7, Line 8undergo counseling, or treatment, or participate in a certified

• Page 7, Line 9recovery residence, as defined in section 27-80-129, unless the

• Page 7, Line 10parole board determines that treatment at another facility or with another

• Page 7, Line 11person is warranted, the treatment or counseling must be at a facility or with a person:

• Page 7, Line 12(a)  Approved by the behavioral health administration in the

• Page 7, Line 13department 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 7, Line 14(19) (a)  Except as provided in subsection (19)(b) of this section,

• Page 7, Line 15if a person has an approved parole plan, has been assessed to be low or

• Page 7, Line 16very low risk on the validated risk assessment scale developed pursuant

• Page 7, Line 17to section 17-22.5-404 (2), and the parole release guidelines recommend

• Page 7, Line 18release, the parole board may deny parole only by a majority vote of the full parole board.

• Page 7, Line 19(b)  An inmate is not eligible for release pursuant to subsection

• Page 7, Line 20(19)(a) of this section if he or she has had a class I code of penal

• Page 7, Line 21discipline violation within the previous twelve months from the date of

• Page 7, Line 22consideration by the parole board or since incarceration, whichever is

• Page 7, Line 23shorter; has been terminated for lack of progress or has declined in

• Page 8, Line 1writing to participate in programs that have been recommended and made

• Page 8, Line 2available to the inmate within the previous twelve months or since

• Page 8, Line 3incarceration, whichever is shorter; has been regressed from community

• Page 8, Line 4corrections or revoked from parole within the previous one hundred

• Page 8, Line 5eighty days; is required to be considered by the full board for release; or has a pending felony charge, detainer, or an extraditable warrant.

• Page 8, Line 6(c)  If the parole board denies parole to an inmate pursuant to

• Page 8, Line 7subsection (19)(a) of this section, the board shall submit to the department the basis for the denial in writing.

• Page 8, Line 8SECTION 5.  In Colorado Revised Statutes, 17-2-203, amend

• Page 8, Line 9(1.5)(c), (11)(c) introductory portion, and (11)(e); and add (11)(c)(III) as follows:

• Page 8, Line 1017-2-103.  Arrest of parolee - revocation proceedings.

• Page 8, Line 11(1.5) (c)  A community parole officer shall also make referrals to any

• Page 8, Line 12needed treatment, certified recovery residence, as defined in

• Page 8, Line 13section 27-80-129, or other support services that may help a parolee

• Page 8, Line 14become compliant with the conditions of parole and succeed in

• Page 8, Line 15reintegrating into society. For the purposes of this section, testing positive for the use of illegal drugs is considered a technical violation of parole.

• Page 8, Line 16(11) (c)  If the board determines that the parolee is in need of

• Page 8, Line 17treatment, the board shall consider placing the parolee in one of the

• Page 8, Line 18following treatment or recovery options and, if appropriate, may modify the conditions of parole to include:

• Page 8, Line 19(III)  Placement in a certified recovery residence, as defined in section 27-80-129.

• Page 8, Line 20(e)  If the parolee is unsuccessful in participating in a treatment or

• Page 8, Line 21recovery program ordered pursuant to paragraph (c) of this subsection

• Page 9, Line 1(11) subsection (11)(c) of this section and his or her the parolee's

• Page 9, Line 2participation is terminated, the board may consider placement of the

• Page 9, Line 3parolee in additional treatment, as appropriate, including a higher level of

• Page 9, Line 4treatment or in a certified recovery residence, as defined in section 27-80-129.

• Page 9, Line 6SECTION 6.  In Colorado Revised Statutes, 18-1.3-301, add (2)(b.5) as follows:

• Page 9, Line 718-1.3-301.  Authority to place offenders in community

• Page 9, Line 8corrections program. (2) (b.5)  If an offender eligible for referral

• Page 9, Line 9under this subsection (2) has a warrant or detainer, the

• Page 9, Line 10executive director of the department of corrections shall

• Page 9, Line 11delay referral and notify the public defender liaison to

• Page 9, Line 12determine if the warrant or detainer may be resolved. The

• Page 9, Line 13public defender liaison shall notify the department of

• Page 9, Line 14corrections of the outcome, and, if the warrant or detainer is

• Page 9, Line 15removed, the department shall make a referral as required by subsection (2)(b) of this section.

• Page 9, Line 16SECTION 7.  In Colorado Revised Statutes, 17-33-101, add (7)(f.5)(IV.5)(C) as follows:

• Page 9, Line 1717-33-101. Reentry planning and programs for adult parole -

• Page 9, Line 18grant program - appropriation - rules - definition - repeal.

• Page 9, Line 19(7) (f.5) (IV.5) (C)  From the savings from the enactment of House

• Page 9, Line 20Bill 25-1214, the general assembly shall appropriate $714,690 to

• Page 9, Line 21the fund for fiscal year 2025-26 and $1,658,037 to the fund for fiscl year 2026-27.

• Page 9, Line 22SECTION 8.  Act subject to petition - effective date -

• Page 10, Line 1applicability. (1)  This act takes effect September 1, 2025; except that,

• Page 10, Line 2if a referendum petition is filed pursuant to section 1 (3) of article V of

• Page 10, Line 3the state constitution against this act or an item, section, or part of this act

• Page 10, Line 4within the ninety-day period after final adjournment of the general

• Page 10, Line 5assembly, then the act, item, section, or part will not take effect unless

• Page 10, Line 6approved by the people at the general election to be held in November

• Page 10, Line 72026 and, in such case, will take effect January 1, 2027, or on the date of

• Page 10, Line 8the official declaration of the vote thereon by the governor, whichever is later.

• Page 10, Line 9(2)  This act applies to sentences entered and parole board hearings held on or after the applicable effective date of this act.