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HOUSE BILL 26-1315
BY REPRESENTATIVE(S) Soper and Espenoza, Boesenecker, Clifford,
Duran, Lieder, Lindsay, Phillips, Ricks, Rydin, Caldwell, Keltie, Slaugh,
Weinberg;
also SENATOR(S) Weissman and Carson, Amabile, Benavidez, Exum,
Gonzales J., Jodeh, Kipp, Wallace, Coleman.
CONCERNING DOCUMENTS RELIED UPON FOR PAROLE DETERMINATIONS.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 17-1-169 as
follows:
17-1-169. Review of risk assessments -legislative declaration -
definition -repeal.
( 1) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:
(a) IN2025,ACOLORADONEWSOUTLETREPORTEDONHIGH-PROFILE
CRIMES AND RAISED QUESTIONS REGARDING THE ACCURACY AND
CONSISTENCY OF CERTAIN PAROLE RISK ASSESSMENTS, INCLUDING WHETHER
CERTAIN PAROLEES MAY HAVE RECEIVED RISK ASSESSMENT
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
CLASSIFICATIONS THAT DID NOT FULLY ALIGN WITH THEIR DOCUMENTED
CRIMINAL HISTORY OR RISK FACTORS;
(b) REPORTERS AND LEGISLATORS USED PART 3 OF ARTICLE 72 OF
TITLE 24, COMMONLY REFERRED TO AS THE COLORADO CRIMINAL JUSTICE
RECORDS ACT, TO OBTAIN RECORDS RELATED TO THE CORRECTIONAL PAROLE
SUPERVISION TOOL, WHICH IS AN ACTUARIAL RISK ASSESSMENT TOOL USED
BY THE DIVISION OF ADULT PAROLE TO INFORM SUPERVISION PLANNING AND
RESOURCE ALLOCATION;
( c) EVIDENCE-BASED RISK ASSESSMENT TOOLS ARE DESIGNED TO
SUPPORT CONSISTENT AND OBJECTIVE PAROLE SUPERVISION DECISIONS BY
APPL YING STRUCTURED CRITERIA TO ASSESS RISK AND IDENTIFY
CRIMINOGENIC NEEDS CONSISTENT WITH NATIONALLY RECOGNIZED
PRACTICES;
( d) IT IS ESSENTIAL TO ENSURE ACCURATE AND CONSISTENT
INFORMATION IN RISK ASSESSMENTS TO INFORM PAROLE SUPERVISION
PLANNING, IDENTIFY AND APPLY APPROPRIATE PAROLE SUPERVISION
STRATEGIES AND RESOURCES, PROMOTE PUBLIC SAFETY, AND SUPPORT
SUCCESSFUL REENTRY OUTCOMES;
(e) THE DEPARTMENT OF CORRECTIONS CONFIRMED TO THE JOINT
BUDGET COMMITTEE AND THE JOINT JUDICIARY COMMITTEE THAT A RANDOM
SAMPLEAUDITREVEALEDHIGHERRORRATESFORCOMMUNITYSUPERVISION
TOOL RISK ASSESSMENTS, UP TO NINETY-EIGHT PERCENT IN SOME CASES. IN
2026, THE DEPARTMENT OF CORRECTIONS REPORTED THAT THEY ARE
REEXAMINING OVER ONE THOUSAND SEVEN HUNDRED COMMUNITY
SUPERVISION TOOL RISK ASSESSMENTS AND IMPLEMENTING MANDATORY
SUPERVISORY REVIEW FOR ALL COMMUNITY SUPERVISION TOOL
REASSESSMENTS.
(f) ESTABLISHING A SYSTEM AND CADENCE OF QUALITY CONTROLS
AND QUALITY ASSURANCE PRACTICES, PAIRED WITH ONGOING TRAINING,
REVIEW, AND SUPPORT, ARE NECESSARY TO ENSURE ACCURATE AND
CONSISTENT APPLICATION OF RISK ASSESSMENT TOOLS ACROSS THE DIVISION
OF ADULT PAROLE;
(g) INJANUARYOF2026, THEDEPARTMENTOFCORRECTIONSSTATED
THAT IT WILL NO LONGER SUPPLY REQUESTED RISK ASSESSMENTS OR RISK
PAGE 2-HOUSE BILL 26-1315
ASSESSMENT SCORES, CITING AN INABILITY TO DISCLOSE THESE RECORDS
DUE TO CONTRACT LANGUAGE. HOWEVER, THROUGHOUT 2025, THE
DEPARTMENT OF CORRECTIONS SUPPLIED RISK ASSESSMENTS AND RISK
ASSESSMENT SCORES TO JOURNALISTS AND LEGISLATORS IN RESPONSE TO
OPEN RECORDS REQUESTS, AND IT WAS THROUGH THESE OPEN RECORDS
REQUESTS THAT THE PATTERN OF INACCURACIES AND INCONSISTENCIES
WERE DISCOVERED. IT IS THE GENERAL ASSEMBLY'S INTENT TO KEEP THESE
RECORDS OPEN TO THE PUBLIC TO HOLD GOVERNMENTAL ACTORS
ACCOUNTABLE.
(h) FOR THE PURPOSES OF TRANSPARENCY AND ACCOUNTABILITY, IT
IS NECESSARY FOR THE GENERAL ASSEMBLY TO CREATE REPORTING
EXPECTATIONSTOENSURETHATREVIEWSOFTHECOMMUNITYSUPERVISION
TOOL OR SIMILAR SUCCESSOR RISK ASSESSMENT TOOLS ARE ESTABLISHED
AND ONGOING.
(2) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES, "RISK ASSESSMENT" MEANS A VALIDA TED INSTRUMENT THAT
ASSESSES A PAROLEE'S CRIMINOGENIC NEEDS AND RISK OF RECIDIVISM, AND
IS USED TO GUIDE PAROLE SUPERVISION PLANNING, IDENTIFY APPROPRIATE
INTERVENTIONS, AND ESTABLISH PAROLE SUPERVISION LEVELS OR
CATEGORIES.
(3) (a) THE DEPARTMENT SHALL ESTABLISH A RISK ASSESSMENT
QUALITY REVIEW TEAM TO DEVELOP POLICIES AND IMPLEMENT PRACTICES
THAT DETERMINE WHETHER RISK ASSESSMENTS ARE COMPLETED
ACCURATELY AND CONSISTENTLY, AND TO ENSURE A SUSTAINED PROCESS OF
REVIEW AND TRAINING.
(b) (I) ON OR BEFORE AUGUST 31, 2026, THE RISK ASSESSMENT
QUALITY REVIEW TEAM SHALL IMPLEMENT POLICIES AND PRACTICES FOR A
CADENCED SYSTEM OF REVIEW THAT ENSURES, AT A MINIMUM, THE
FOLLOWING:
(A) SYSTEMATIC REVIEWS OF COMPLETED COMMUNITY SUPERVISION
TOOLS OR ANY SIMILAR SUCCESSOR ASSESSMENTS, INCLUDING REVIEWS FOR
COMPLETED RISK ASSESSMENTS AT EACH RISK ASSESSMENT LEVEL OR
CATEGORY;
(B) DEFINED, PERIODIC FIDELITY REVIEWS OF AN ASSESSOR'S WORK;
PAGE 3-HOUSE BILL 26-1315
AND
(C) APPROPRIATE TRAINING FOR SUSTAINED AND ACCURATE
COMPLETION OF RISK ASSESSMENTS.
(11) ON OR BEFORE AUGUST 31, 2026, THE RISK ASSESSMENT
QUALITY REVIEW POLICIES AND PRACTICES ESTABLISHED PURSUANT TO
SUBSECTION (3)(b )(I) OF THIS SECTION MUST BE IMPLEMENTED.
(4) (a) IN JANUARY OF 2027, AND IN EACH JANUARY THEREAFTER,
THE DEPARTMENT SHALL INCLUDE, AS PART OF ITS PRESENTATION DURING
ITS "SMART ACT" HEARING REQUIRED PURSUANT TO SECTION 2-7-203,
INFORMATION CONCERNING:
(I) THETOTALNUMBEROFCOMMUNITYSUPERVISIONTOOLSORANY
SIMILAR SUCCESSOR ASSESSMENTS REVIEWED PURSUANT TO SUBSECTION (3)
OF THIS SECTION;
(II) OF THE TOTAL NUMBER OF COMMUNITY SUPERVISION TOOLS OR
ANY SIMILAR SUCCESSOR ASSESSMENTS REVIEWED PURSUANT TO
SUBSECTION(3)0FTHISSECTION, THETOTALNUMBEROFRISKASSESSMENTS
THAT CONTAINED INACCURATE OR INCONSISTENT INFORMATION THAT
RESULTED IN AN INACCURATE SUPERVISION LEVEL; AND
(III) A COMPREHENSIVE DESCRIPTION OF THE FINDINGS OF THE
REVIEWS AND ANY MEASURES IMPLEMENTED TO ENSURE PROCESS
IMPROVEMENT TO MITIGATE THE FINDINGS OF THE 2025 RANDOMIZED
SURVEY AUDIT THAT FOUND A NINETY-EIGHT PERCENT ERROR RA TE IN RISK
ASSESSMENTS.
(b) NOTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-136
(ll)(a)(I), THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS
SUBSECTION (4) CONTINUES INDEFINITELY.
SECTION 2. In Colorado Revised Statutes, 24-72-302, amend ( 4 );
and add (12) as follows:
24-72-302. Definitions.
As used in this part 3, unless the context otherwise requires:
PAGE 4-HOUSE BILL 26-1315
(4) "Criminal justice records" means all books, papers, cards,
photographs, tapes, recordings, or other documentary materials, regardless
of form or characteristics, that are made, maintained, or kept by any
criminal justice agency in the state for use in the exercise of functions
required or authorized by law or administrative rule, including, but not
limited to, the results of chemical biological substance testing to determine
genetic markers conducted pursuant to sections 16-11-102.4 and 16-23-104,
C.R.S. OR RISK ASSESSMENT OUTPUTS.
(12) "RISK ASSESSMENT OUTPUTS" MEANS THE TOTAL SCORE AND
RESULTING PAROLE SUPERVISION LEVEL DETERMINED BY THE UTILIZATION
OF A VALIDATED INSTRUMENT THAT ASSESSES A PAROLEE'S CRIMINOGENIC
NEEDS AND RISK OF RECIDIVISM AND IS USED TO GUIDE PAROLE SUPERVISION
PLANNING, IDENTIFY APPROPRIATE INTERVENTIONS, AND EST AB LISH PAROLE
SUPERVISION LEVELS.
SECTION 3. In Colorado Revised Statutes, 24-72-304, add (6) as
follows:
24-72-304. Inspection of criminal justice records.
(6) NOTWITHSTANDING ANY PROVISION OF THIS PART 3 TO THE
CONTRARY, AN AGREEMENT TO PROHIBIT THE DISCLOSURE OF INFORMATION
IN RISK ASSESSMENT OUTPUTS THAT IS SUBJECT TO DISCLOSURE PURSUANT
TO THIS SECTION IS VOID AND UNENFORCEABLE.
SECTION 4. Act subject to petition - effective date -
applicability. (1) This act takes effect at 12:01 a.m. on the day following
the expiration of the ninety-day period after final adjournment of the
general assembly (August 12, 2026, if adjournment sine die is on May 13,
2026); except that, if a referendum petition is filed pursuant to section 1 (3)
of article V of the state constitution against this act or an item, section, or
part of this act within such period, then the act, item, section, or part will
not take effect unless approved by the people at the general election to be
held in November 2026 and, in such case, will take effect on the date of the
official declaration of the vote thereon by the governor.
PAGE 5-HOUSE BILL 26-1315
(2) Section 3 of this act applies to criminal justice record requests
made on or after the applicable effective date of this act.
J~
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
v~~
Vanessa Reilly
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
James Rashad Coleman, Sr.
PRESIDENT OF
THE SENATE
Esther van Mourik
SECRETARY OF
THE SENATE
APPROVED on I"(\ Oilol1 ;:tl.W.-jj;-\ 2..o2..(,. ..,.Ii, II ; OOll!'Y)
Date and Time)
FCOLORADO
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