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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0586.02 Owen Hatch x2698 HOUSE BILL 26-1256
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
CONCERNING THE PROCEDURE FOR RELEASING AN INDIVIDUAL FROM101
THE DEPARTMENT OF CORRECTIONS.102
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 department of corrections (department) to
furnish an individual being discharged from the department's custody a
release allowance of at least $100, free of any deductions, and a 30-day
transit pass if the individual is discharged in a metropolitan area with
fixed-route public transit. The department is required to collect data on
discharge statistics and issue a report to the general assembly annually.
HOUSE SPONSORSHIP
Jackson and Mabrey,
SENATE SPONSORSHIP
Cutter,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
The department is required to assist offenders nearing release from
custody in securing necessary identification documents to ensure each
individual leaving the department's custody has a valid state identification
card. The department is required to collect data on the process of securing
necessary identification documents to issue state identification cards and
issue a report to the general assembly annually. The department of public
health and environment shall assist the department in securing necessary
identification documents.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) The first 72 hours after release from incarceration are critical4
for successful reintegration and public safety;5
(b) The current amount, $100, of money provided to individuals6
upon release from incarceration, known as gate money, has not been7
increased since 1972 and has lost over 85% of its purchasing power;8
(c) Colorado should ensure that every individual leaving custody9
has access to basic resources including food, transportation, and10
temporary shelter in order to reduce recidivism and promote stability;11
(d) The department of corrections must maintain transparency and12
accountability in the administration of all reentry-related funds;13
(e) Access to government-issued identification is essential for14
successful reentry, as it enables individuals to secure employment,15
housing, health care, and benefits;16
(f) Although Colorado has established an offender identification17
program through prior legislation, eligibility restrictions and inconsistent18
implementation continue to force some Coloradans to leave department19
of corrections custody without valid identification; and20
(g) The state should ensure that all individuals leaving department21
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of corrections custody are able to verify their identity upon release.1
SECTION 2. In Colorado Revised Statutes, 17-22.5-202, amend2
(1); repeal (2); and add (6) as follows:3
17-22.5-202. Ticket of leave - release - clothes, money,4
transportation - reentry services.5
(1) (a) Ten days prior to the date on which any inmate AN6
INDIVIDUAL confined in a correctional facility is entitled to be discharged7
or to be paroled RELEASED from said THE correctional facility, the8
executive director or the executive director's designee shall give such9
inmate THE INDIVIDUAL a ticket of leave therefrom, which shall entitle10
THAT ENTITLES the inmate INDIVIDUAL to depart from said THE11
correctional facility.12
(b) (I) The executive director or the executive director's designee13
shall at the same time furnish such inmate THE INDIVIDUAL with suitable14
clothing and may SHALL furnish transportation, at the expense of the state,15
from the place at which said THE correctional facility is located to the16
place of the inmate's INDIVIDUAL'S residence in Colorado, or any other17
place in Colorado.18
(II) T HE EXECUTIVE DIRECTOR OR THE EXECUTIVE DIRECTOR 'S19
DESIGNEE SHALL FURNISH AN INDIVIDUAL BEING RELEASED FROM THE20
CORRECTIONAL FACILITY IN A METROPOLITAN AREA WITH FIXED -ROUTE21
PUBLIC TRANSIT WITH A PUBLIC TRANSPORTATION PASS VALID FOR AT22
LEAST THIRTY DAYS IN THE METROPOLITAN AREA OF THE INDIVIDUAL 'S23
RELEASE, OR AN EQUIVALENT SUBSIDY.24
(c) (I) The executive director or the executive director's designee25
shall also furnish to any inmate AN INDIVIDUAL being discharged, other26
than a parolee, RELEASED FROM THE CORRECTIONAL FACILITY A RELEASE27
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ALLOWANCE OF one hundred dollars. The executive director or the1
executive director's designee may furnish any inmate being released on2
parole a reasonable sum of money not to exceed on e hundred dollars;3
except that, if the executive director or the executive director's designee4
furnishes less than one hundred dollars, the difference between one5
hundred dollars and the amount furnished shall be credited to an account6
for such parolee.7
(II) T HE RELEASE ALLOWANCE FURNISHED TO THE INDIVIDUAL8
BEING RELEASED FROM THE CORRECTIONAL FACILITY MUST NOT BE9
SUBJECT TO DEDUCTIONS FOR RESTITUTION , FEES , TRANSPORTATION ,10
CLOTHING, OR ANY OTHER EXPENSE INCURRED DURING THE INDIVIDUAL'S11
INCARCERATION OR RELEASE FROM THE CORRECTIONAL FACILITY.12
(d) Notwithstanding any other provision of this subsection (1), if13
the inmate has previously been returned to custody in a correctional14
facility after being paroled and before the completion of his or her period15
of parole and previously received such sum of money, the executive16
director or the executive director's designee shall not furnish a sum of17
money to the inmate. The executive director or the executive director's18
designee shall certify any amount so credited to the division of adult19
parole, and any such amount shall be distributed to an inmate in20
accordance with rules promulgated by the department.21
(2) An inmate furnished with a ticket of leave for discharge shall22
be deemed to be fully discharged from the sentence upon which he was23
confined at the end of said ten-day period.24
(6) (a) BY JULY 1, 2027, AND BY EACH JULY 1 THEREAFTER, THE25
DEPARTMENT SHALL PUBLISH ON ITS WEBSITE A REPORT THAT INCLUDES26
THE FOLLOWING:27
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(I) THE NUMBER OF INDIVIDUALS RELEASED FROM DEPARTMENT1
CORRECTIONAL FACILITIES IN THE PRECEDING FISCAL YEAR;2
(II) T HE NUMBER AND PERCENTAGE OF INDIVIDUALS WHO3
RECEIVED THE RELEASE ALLOWANCE PURSUANT TO SUBSECTION (1) OF4
THIS SECTION IN THE PRECEDING FISCAL YEAR;5
(III) T HE TOTAL DOLLAR AMOUNT OF RELEASE ALLOWANCES6
DISBURSED IN THE PRECEDING FISCAL YEAR; AND7
(IV) ANY ADMINISTRATIVE OR POLICY LIMITATIONS ON RELEASE8
ALLOWANCE ELIGIBILITY OR DISBURSEMENT IN THE PRECEDING FISCAL9
YEAR.10
(b) BEGINNING IN JANUARY 2028, AND IN JANUARY EVERY YEAR11
THEREAFTER, THE DEPARTMENT SHALL INCLUDE , AS PART OF ITS12
PRESENTATION DURING ITS "SMART ACT" HEARING REQUIRED BY13
SECTION 2-7-203, INFORMATION CONCERNING THE REPORT REQUIRED BY14
THIS SUBSECTION (6).15
SECTION 3. In Colorado Revised Statutes, 17-33-102, amend16
(2)(b), (2)(c), (2)(d), (2)(e), (3)(b), (3)(c) introductory portion, (3)(c)(IV)17
and (4); and add (7), and (8) as follows:18
17-33-102. Colorado offender identification program - rules19
- report - fee waiver - definitions.20
(2) (b) (I) An offender may SHALL participate in the program if the21
offender is eligible for, but does not have, a valid state-issued22
identification card; EXCEPT THAT an offender may AFFIRMATIVELY elect23
not to participate in the program but the department shall not deny an24
eligible offender the opportunity to participate in the program IN25
ACCORDANCE WITH SUBSECTION (2)(b)(II) OF THIS SECTION.26
(II) IN ORDER TO OPT OUT OF PARTICIPATING IN THE PROGRAM, AN27
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OFFENDER MUST AFFIRMATIVELY NOTIFY THE DEPARTMENT THAT THEY1
ELECT TO NOT PARTICIPATE IN THE PROGRAM . IF AN OFFENDER INFORMS2
THE DEPARTMENT THAT THEY ELECT NOT TO PARTICIPATE IN THE3
PROGRAM, THE DEPARTMENT SHALL ASK THE OFFENDER SIX MONTHS4
BEFORE THE OFFENDER 'S RELEASE AND THREE MONTHS BEFORE THE5
OFFENDER'S RELEASE TO CONFIRM THE OFFENDER DOES NOT WANT TO6
PARTICIPATE IN THE PROGRAM . THE OFFENDER MUST AFFIRMATIVELY7
ELECT TO NOT PARTICIPATE IN THE PROGRAM BOTH TIMES TO NOT8
PARTICIPATE IN THE PROGRAM.9
(c) The department shall ensure that each offender released from10
a correctional facility, on and after January 1, 2022 who is eligible for a11
state-issued identification card and who participates in the program, has12
a state-issued identification card upon release.13
(d) The department shall collaborate with the department of14
revenue AND THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT to15
operate the program.16
(e) The executive director shall enter into agreements with the17
department of revenue, THE DEPARTMENT OF PUBLIC HEALTH AND18
ENVIRONMENT, or the federal social security administration as necessary19
for the administration of this section.20
(3) The program must:21
(b) At least once each year, review department records to22
determine whether each offender scheduled for release within the next23
five years has a valid, unexpired state-issued identification card, including24
at the offender ID bank; and25
(c) Assist an offender who elects to participate PARTICIPATES in26
the program with obtaining a state-issued identification card. The27
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assistance may include, but is not limited to:1
(IV) Assisting an offender with obtaining any identification2
documents necessary to obtain a state-issued identification card, including3
a replacement social security card or birth certificate, NO LATER THAN ONE4
HUNDRED TWENTY DAYS PRIOR TO THE OFFENDER'S RELEASE DATE.5
(4) The department shall deliv er to each offe nder, upon release6
from a correctional facility, the offender's identification documents,7
including a state-issued identification card, obtained by the department8
pursuant to this section. T HE DEPARTMENT SHALL NOT DENY OR DELAY9
ISSUANCE OF AN OFFENDER 'S IDENTIFICATION DOCUMENTS DUE TO10
OUTSTANDING RESTITUTION , CHILD SUPPORT , FINES , OR OTHER LEGAL11
FINANCIAL OBLIGATIONS.12
(7) BEGINNING IN JANUARY 2028, AND IN JANUARY EVERY YEAR13
THEREAFTER, THE DEPARTMENT SHALL INCLUDE , AS PART OF ITS14
PRESENTATION DURING ITS "SMART ACT" HEARING REQUIRED BY15
SECTION 2-7-203, INFORMATION CONCERNING:16
(a) THE NUMBER AND PERCENTAGE OF OFFENDERS RELEASED WITH17
A VALID STATE-ISSUED IDENTIFICATION CARD, BIRTH CERTIFICATE, AND18
SOCIAL SECURITY CARD IN THE PRECEDING FISCAL YEAR;19
(b) T HE NUMBER AND PERCENTAGE OF OFFENDERS WHO20
PARTICIPATED IN THE PROGRAM AND ARE DEEMED INELIGIBLE FOR A21
STATE-ISSUED IDENTIFICATION CARD , BIRTH CERTIFICATE , AND SOCIAL22
SECURITY CARD, IN THE PRECEDING FISCAL YEAR AND THE REASON FOR23
INELIGIBILITY; AND24
(c) A SUMMARY OF INTERAGENCY COORDINATION CHALLENGES IN25
THE PRECEDING FISCAL YEAR AND RECOMMENDATIONS.26
(8) THE DEPARTMENT SHALL NOT CHARGE A FEE TO AN OFFENDER27
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DURING THE PROCESS OF SECURING AN OFFENDER 'S IDENTIFICATION1
DOCUMENTS. ANY FEE INCURRED BY THE DEPARTMENT, THE DEPARTMENT2
OF REVENUE, OR THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT3
DURING THE PROCESS OF SECURING AN OFFENDER 'S IDENTIFICATION4
DOCUMENT MUST BE CHARGED TO THE OFFENDER AFTER THE OFFENDER5
HAS BEEN RELEASED FROM CUSTODY AND MAY BE CONSOLIDATED WITH6
ANY EXISTING RESTITUTION , FEES , OR OTHER LEGAL FINANCIAL7
OBLIGATIONS OWED BY THE OFFENDER. THIS INCLUDES ANY FEE PAID BY8
THE DEPARTMENT, THE DEPARTMENT OF REVENUE, OR THE DEPARTMENT9
OF PUBLIC HEALTH AND ENVIRONMENT TO THE FEDERAL SOCIAL SECURITY10
ADMINISTRATION.11
SECTION 4. In Colorado Revised Statutes, add 25-1.5-123 as12
follows:13
25-1.5-123. Colorado offender identification program.14
THE DEPARTMENT SHALL COLLABORATE WITH THE DEPARTMENT OF15
CORRECTIONS TO OPERATE THE PROGRAM ESTABLISHED IN SECTION16
17-33-102 TO PROVIDE STATE-ISSUED IDENTIFICATION FOR OFFENDERS.17
SECTION 5. Act subject to petition - effective date -18
applicability. (1) This act takes effect January 1, 2027; except that, if a19
referendum petition is filed pursuant to section 1 (3) of article V of the20
state constitution against this act or an item, section, or part of this act21
within the ninety-day period after final adjournment of the general22
assembly, then the act, item, section, or part will not take effect unless23
approved by the people at the general election to be held in November24
2026 and, in such case, will take effect January 1, 2027, or on the date of25
the official declaration of the vote thereon by the governor, whichever is26
later.27
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(2) This act applies to all individuals released from custody on or1
after the applicable effective date of this act.2
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