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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0604.01 Jacob Baus x2173 HOUSE BILL 26-1315
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
CONCERNING DOCUMENTS RELIED UPON FOR PAROLE101
DETERMINATIONS.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 to audit a random
sample of risk assessments and documentation of a person's history,
supervision requirements, and behavior under supervision, known as a
"chronological", to determine whether there were errors in the risk
assessments and chronologicals that resulted in an inmate receiving a low
or very low risk on their risk assessments. The bill requires the
HOUSE SPONSORSHIP
Soper and Espenoza,
SENATE SPONSORSHIP
Weissman and Carson,
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.
department of corrections to report the results of this audit and any other
matters related to corrective actions undertaken to mitigate error rates in
risk assessments.
The bill clarifies that risk assessments and chronologicals are
criminal justice records for purposes of public inspection; except that any
information concerning the person's health must be redacted.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 17-1-169 as2
follows:3
17-1-169. Review of risk assessments and chronologicals -4
legislative declaration - definitions - repeal.5
(1) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:6
(a) T HROUGHOUT 2025, SEVERAL COLORADO NEWS OUTLETS7
REPORTED ON HIGH -PROFILE CRIMES AND IDENTIFIED A PATTERN OF8
INACCURACIES IN PAROLEE RISK ASSESSMENTS . SPECIFICALLY, SOME9
PAROLEES WHO POSED A HIGH RISK WERE ASSESSED AS VERY LOW , LOW,10
OR MODERATE RISK DUE TO INACCURACIES IN THE RISK ASSESSMENT.11
(b) REPORTERS AND LEGISLATORS USED PART 3 OF ARTICLE 72 OF12
TITLE 24, COMMONLY REFERRED TO AS THE "COLORADO CRIMINAL13
JUSTICE RECORDS ACT", TO ACCESS THE CORRECTIONAL SUPERVISION14
TOOL, WHICH IS AN ACTUARIAL RISK ASSESSMENT TOOL USED BY THE15
DIVISION OF ADULT PAROLE TO MEASURE A PAROLEE'S RISK OF RECIDIVISM16
AND TO GUIDE SUPERVISION LEVELS;17
(c) SCIENTIFICALLY VALIDATED RISK ASSESSMENTS, SUCH AS THE18
CORRECTIONAL SUPERVISION TOOL, ARE SYSTEMATIC, EVIDENCE-BASED19
TOOLS THAT PREDICT , QUANTIFY , AND MANAGE POTENTIAL20
REPERCUSSIONS BY LINKING DATA TO OUTCOMES AND ENSURING RESULTS21
ARE REPRODUCIBLE AND ACCURATE;22
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(d) I NACCURATE OR INCONSISTENT INFORMATION IN RISK1
ASSESSMENTS AFFECTS DECISIONS FOR APPROPRIATE SUPERVISION LEVELS.2
SOME PAROLEES WERE INACCURATELY ASSESSED TO BE LOW RISK, WHEN3
IN FACT THOSE PAROLEES POSE A HIGH RISK BECAUSE THEY COMMITTED4
SERIOUS CRIMES, INCLUDING MURDER.5
(e) R ISK ASSESSMENT INACCURACIES ALSO CREATE NEGATIVE6
CONSEQUENCES FOR INMATES AND PAROLEES WHO WERE INACCURATELY7
ASSESSED, AND FRUSTRATE REFORM POLICIES THAT RELY ON ACCURATE8
ASSESSMENTS FOR PAROLE RELEASES AND SECOND CHANCE PROGRAMS;9
(f) THE DEPARTMENT OF CORRECTIONS CONFIRMED TO THE JOINT10
BUDGET COMMITTEE AND THE JOINT JUDICIARY COMMITTEE THAT A11
RANDOM SAMPLE AUDIT REVEALED HIGH ERROR RATES FOR RISK12
ASSESSMENTS, UP TO NINETY-EIGHT PERCENT IN SOME CASES. IN 2026, THE13
DEPARTMENT OF CORRECTIONS REPORTED THAT THEY ARE REEXAMINING14
OVER 1,700 ASSESSMENTS AND IMPLEMENTING MANDATORY SUPERVISORY15
REVIEW FOR ALL CORRECTIONAL SUPERVISION TOOL REASSESSMENTS.16
(g) I N JANUARY OF 2026, THE DEPARTMENT OF CORRECTIONS17
STATED THAT IT WILL NO LONGER SUPPLY RISK ASSESSMENTS OR RISK18
ASSESSMENT SCORES REQUESTED UNDER OPEN RECORDS LAWS. HOWEVER,19
THROUGHOUT 2025, THE DEPARTMENT OF CORRECTIONS SUPPLIED RISK20
ASSESSMENTS AND RISK ASSESSMENT SCORES TO JOURNALISTS AND21
LEGISLATORS, AND IT WAS THROUGH THESE OPEN RECORDS LAWS THAT22
THE PATTERN OF INACCURACIES AND INCONSISTENCIES WERE DISCOVERED.23
IT IS THE WILL OF THE GENERAL ASSEMBLY TO KEEP THESE RECORDS OPEN24
TO THE PUBLIC TO HOLD GOVERNMENTAL ACTORS ACCOUNTABLE.25
(h) FOR PURPOSES OF TRANSPARENCY AND ACCOUNTABILITY, IT IS26
NECESSARY FOR THE GENERAL ASSEMBLY TO MONITOR THE DEPARTMENT27
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OF CORRECTIONS ' CORRECTIVE ACTIONS TO IMPROVE ACCURACY IN1
COMPLETING RISK ASSESSMENTS.2
(2) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE3
REQUIRES:4
(a) "CHRONOLOGICAL" MEANS DOCUMENTATION OF AN INMATE'S5
HISTORY, SUPERVISION REQUIREMENTS , AND BEHAVIOR UNDER6
SUPERVISION.7
(b) "RISK ASSESSMENT" MEANS DOCUMENTATION RELATED TO AN8
INMATE'S ASSESSED RISK ON THE VALIDA TED RISK ASSESSMENT SCALE9
DEVELOPED PURSUANT TO SECTION 17-22.5-404 (2).10
(3) (a) O N OR BEFORE DECEMBER 31, 2026, THE DEPARTMENT11
SHALL AUDIT A RANDOM AND STATISTICALLY SIGNIFICANT SAMPLE OF RISK12
ASSESSMENTS AND CHRONOLOGICALS OF INMATES WHO WERE GRANTED13
PAROLE BETWEEN JANUARY 1, 2024, AND DECEMBER 31, 2025, AND WHO14
WERE ASSESSED TO BE A LOW OR VERY LOW RISK ON THE VALIDATED RISK15
ASSESSMENT SCALE DEVELOPED PURSUANT TO SECTION 17-22.5-404 (2).16
(b) THE PURPOSE OF THE AUDIT REQUIRED IN THIS SUBSECTION (3)17
IS TO DETERMINE WHETHER THE RISK ASSESSMENTS OR CHRONOLOGICALS18
OF INMATES DESCRIBED IN SUBSECTION (3)(a) OF THIS SECTION CONTAIN19
INACCURATE OR INCONSISTENT INFORMATION THAT RESULTED IN INMATES20
RECEIVING LOW OR VERY LOW RISK ASSESSMENTS ON THE VALIDATED RISK21
ASSESSMENT SCALE.22
(4) I N JANUARY OF 2027, 2028, AND 2029, THE DEPARTMENT23
SHALL INCLUDE, AS PART OF ITS PRESENTATION DURING ITS"SMART ACT"24
HEARING REQUIRED BY SECTION 2-7-203, INFORMATION CONCERNING:25
(a) T HE TOTAL NUMBER OF RISK ASSESSMENTS OR26
CHRONOLOGICALS AUDITED PURSUANT TO SUBSECTION (3) OF THIS27
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SECTION;1
(b) O F THE TOTAL NUMBER OF RISK ASSESSMENTS OR2
CHRONOLOGICALS AUDITED PURSUANT TO SUBSECTION (3) OF THIS3
SECTION, THE TOTAL NUMBER OF RISK ASSESSMENTS OR CHRONOLOGICALS4
THAT CONTAINED INACCURATE OR INCONSISTENT INFORMATION THAT5
RESULTED IN AN INMATE RECEIVING A LOW OR VERY LOW RISK6
ASSESSMENT ON THE VALIDATED RISK ASSESSMENT SCALE; AND7
(c) A COMPREHENSIVE DESCRIPTION OF THE CORRECTIVE ACTIONS8
TAKEN BY THE DEPARTMENT AND THE STATE PAROLE BOARD, CREATED IN9
SECTION 17-2-201, TO MITIGATE THE FINDINGS OF THE 2025 RANDOMIZED10
SURVEY AUDIT THAT F OUND A NINETY -EIGHT PERCENT ERROR RATE IN11
RISK ASSESSMENTS AND THE FINDINGS OF THE AUDIT MADE PURSUANT TO12
SUBSECTION (3) OF THIS SECTION.13
(5) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2029.14
SECTION 2. In Colorado Revised Statutes, 24-72-302, amend15
(4); and add (2.5) and (12) as follows:16
24-72-302. Definitions.17
As used in this part 3, unless the context otherwise requires:18
(2.5) "CHRONOLOGICAL" MEANS DOCUMENTATION OF AN INMATE'S19
HISTORY, SUPERVISION REQUIREMENTS , AND BE HAVIOR UNDER20
SUPERVISION.21
(4) "Criminal justice records" means all books, papers, cards,22
photographs, tapes,recordings, or other documentary materials, regardless23
of form or characteristics, that are made, maintained, or kept by any24
criminal justice agency in the state for use in the exercise of functions25
required or authorized by law or administrative rule, including, but not26
limited to, the results of chemical biological substance testing to27
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determine genetic markers conducted pursuant to sections 16-11-102.41
and 16-23-104, C.R.S. A CHRONOLOGICAL, AND A RISK ASSESSMENT.2
(12) "RISK ASSESSMENT" MEANS DOCUMENTATION RELATED TO AN3
INMATE'S ASSESSED RISK ON THE VALIDATED RISK ASSESSMENT SCALE4
DEVELOPED PURSUANT TO SECTION 17-22.5-404 (2).5
SECTION 3. In Colorado Revised Statutes, 24-72-304, add (6)6
as follows:7
24-72-304. Inspection of criminal justice records.8
(6) N OTWITHSTANDING A PROVISION OF THIS PART 3 TO THE9
CONTRARY, INFORMATION ABOUT AN INMATE 'S MEDICAL OR MENTAL10
HEALTH TREATMENT OR DIAGNOSIS IN A RISK ASSESSMENT OR11
CHRONOLOGICAL IS NOT A CRIMINAL JUSTICE RECORD AND MUST BE12
REDACTED FROM THE RISK ASSESSMENT OR CHRONOLOGICAL PRIOR TO THE13
RELEASE OF THE RECORD. AN AGREEMENT TO PROHIBIT THE DISCLOSURE14
OF INFORMATION IN A RISK ASSESSMENT OR CHRONOLOGICAL THAT IS15
SUBJECT TO DISCLOSURE PURSUANT TO THIS SECTION IS VOID AND16
UNENFORCEABLE.17
SECTION 4. Act subject to petition - effective date. This act18
takes effect at 12:01 a.m. on the day following the expiration of the19
ninety-day period after final adjournment of the general assembly (August20
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a21
referendum petition is filed pursuant to section 1 (3) of article V of the22
state constitution against this act or an item, section, or part of this act23
within such period, then the act, item, section, or part will not take effect24
unless approved by the people at the general election to be held in25
November 2026 and, in such case, will take effect on the date of the26
official declaration of the vote thereon by the governor.27
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