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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0615.01 Shelby Ross x4510 SENATE BILL 26-036
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
CONCERNING INCREASING OPERATIO NAL EFFICIENCY OF EXISTING101
PRISON POPULATION MANAGEMENT MEASURES.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 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.
SENATE SPONSORSHIP
Gonzales J. and Weissman,
HOUSE SPONSORSHIP
Bacon and Zokaie,
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.
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.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds that:3
(a) States across the country have enacted prison population4
management measures that recognize that overcrowded prison facilities5
are a threat to the health and safety of staff and inmates;6
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(b) It is universally recognized that ensuring systematic and1
operational efficiencies can effectively manage prison populations2
without compromising public safety;3
(c) In 2018, the Colorado general assembly unanimously adopted4
prison population management measures that trigger specific actions5
when the department of corrections' prison bed vacancy rate falls below6
a specified level for 30 consecutive days;7
(d) On August 16, 2025, the department of corrections' prison bed8
vacancy rate fell to a level that triggered the prison population9
management measures for the first time; and10
(e) The implementation of current prison population management11
measures has not made an impact on prison overcrowding in Colorado.12
There is limited data available to assess the reasons for this lack of impact13
since there is no data reporting required by state law on the14
implementation of the mandated prison population management15
measures. However, there is clearly the potential for impact because16
reliable data indicates that a significant number of inmates are eligible for17
placement in the community through community corrections boards, and18
roughly 4,600 inmates are past their parole eligibility date.19
(2) Therefore, the general assembly declares that revising20
Colorado's existing prison population management measures is necessary21
in order to address operational inefficiencies, obtain necessary data, and22
increase transparency and accountability, and that the efficient23
management of prison populations is a matter of ongoing concern for24
correctional staff and inmates.25
SECTION 2. In Colorado Revised Statutes, 17-1-103, add26
(1)(m.5) as follows:27
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17-1-103. Duties of the executive director.1
(1) The duties of the executive director are:2
(m.5) T O ENSURE THAT THE DEPARTMENT COMPLIES WITH ALL3
PRISON POPULATION MANAGEMENT MANDATES REQUIRED BY LAW ,4
INCLUDING IMPLEMENTING, WHEN NECESSARY, THE PRISON POPULATION5
MANAGEMENT MEASURES SET FORTH IN SECTION 17-1-119.7;6
SECTION 3. In Colorado Revised Statutes, 17-1-103.3, amend7
(1)(a)(I); and add (1)(a)(III) as follows:8
17-1-103.3. Reports for budgeting - definition.9
(1) (a) No later than the fifth day of each month, the executive10
director shall report the department's previous month's:11
(I) Bed capacity and average daily inmate population by prison12
facility, security level, and custody classification; and13
(III) COMPLIANCE WITH THE PRISON POPULATION MANAGEMENT14
MEASURES DESCRIBED IN SECTION 17-1-119.7 IF THE MEASURES ARE IN15
EFFECT DURING THE PREVIOUS MONTH, INCLUDING EACH NOTICE SENT BY16
THE DEPARTMENT AND ACKNOWLEDGMENT OF RECEIPT OF THE NOTICE BY17
INDIVIDUALS AND ENTITIES LISTED IN SECTION 17-1-119.7 (1), ACTIONS18
TAKEN BY THE DEPARTMENT TO COMPLY WITH THE REQUIRED MEASURES,19
AND THE DOCUMENTED IMPACT OF IMPLEMENTING THE REQUIRED20
MEASURES.21
SECTION 4. In Colorado Revised Statutes, amend 17-1-119.722
as follows:23
17-1-119.7. Prison population management measures -24
definitions.25
(1) (a) The department shall track the prison bed vacancy rate in26
both correctional facilities and state-funded private contract prison beds27
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on a monthly basis. If the PRISON BED vacancy rate falls below three1
percent for thirty consecutive days, the department shall, WITHIN2
FORTY-EIGHT HOURS, notify THE FOLLOWING:3
(I) The governor;4
(II) The joint budget committee;5
(III) THE HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE AND6
THE SENATE JUDICIARY COMMITTEE, OR THEIR SUCCESSOR COMMITTEES;7
(IV) The parole board AND EACH RELEASE HEARING OFFICER AND8
ADMINISTRATIVE HEARING OFFICER UNDER CONTRACT WITH THE PAROLE9
BOARD;10
(V) T HE DIVISION OF ADULT PAROLE DESCRIBED IN SECTION11
17-2-102;12
(VI) T HE OFFICE OF COMMUNITY CORRECTIONS IN THE13
DEPARTMENT OF PUBLIC SAFETY;14
(VII) EACH COMMUNITY CORRECTIONS BOARD AND COMMUNITY15
CORRECTIONS PROGRAM , AS THOSE TERMS ARE DEFINED IN SECTION16
17-27-102;17
(VIII) Each elected district attorney;18
(IX) THE OFFICE OF STATE PUBLIC DEFENDER CREATED IN SECTION19
21-1-101;20
(X) T HE OFFICE OF OFFICE OF ALTERNATE DEFENSE COUNSEL21
CREATED IN SECTION 21-2-101;22
(XI) The chief judge of each j udicial district; the state public23
defender, and the office of community corrections in the department of24
public safety. The department shall notify the governor, the joint budget25
committee, the parole board, each elected district attorney, the chief judge26
of each judicial district, the state public defender, and the office of27
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community corrections once the vacancy rate exceeds four percent for1
thirty consecutive days.2
(XII) THE CHIEF PROBATION OFFICER IN EACH JUDICIAL DISTRICT;3
(XIII) THE OFFICE OF THE STATE COURT ADMINISTRATOR; AND4
(XIV) EACH COUNTY SHERIFF OF COLORADO.5
(b) IF THE PRISON BED VACANCY RATE EXCEEDS THREE PERCENT6
FOR THIRTY CONSECUTIVE DAYS, THE DEPARTMENT SHALL NOTIFY EACH7
PERSON AND ENTITY LISTED IN SUBSECTION (1)(a) OF THIS SECTION THAT8
THE MANDATES REQUIRED PURSUANT TO THIS SECTION ARE NO LONGER IN9
EFFECT.10
(c) EACH INDIVIDUAL AND ENTITY THAT RECEIVES NOTIFICATION11
PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION SHALL ACKNOWLEDGE12
RECEIPT, IN WRITING, OF THE NOTIFICATION AND CONFIRM COMPLIANCE13
WITH THE NOTIFICATION REQUIREMENTS DESCRIBED IN SUBSECTION (2)(c)14
OF THIS SECTION.15
(2) (a) If the PRISON BED vacancy rate in correctional facilities and16
state-funded private contract prison beds falls below three percent for17
thirty consecutive days, the department shall:18
(I) (A) Request, the office of community corrections to IN19
WRITING, THAT EACH PROVIDER WHO OPERATES A COMMUNITY20
CORRECTIONS PROGRAM provide the department with information21
regarding the location and nature of any unutilized FUNDED AND22
AVAILABLE community corrections beds, The office of AND ANY FUNDED23
BEDS THAT MAY BECOME AVAILABLE IN THE NEXT THIRTY DAYS . EACH24
community corrections PROVIDER shall provide the information TO THE25
DEPARTMENT within seventy-two hours of the request and on a weekly26
basis until the office of community corrections PROVIDER receives27
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notification FROM THE DEPARTMENT that the vacancy rate exceeds three1
percent MANDATES REQUIRED BY THIS SECTION ARE NO LONGER IN EFFECT.2
(B) REQUEST, IN WRITING, THAT EACH COMMUNITY CORRECTIONS3
PROVIDER REVIEW EACH TRANSITION INMATE WHO HAS RESIDED IN THE4
COMMUNITY CORRECTIONS PROGRAM OPERATED BY THE PROVIDER FOR5
MORE THAN ONE HUNDRED EIGHTY DAYS AND PROVIDE THE DEPARTMENT6
WITH A LIST OF TRANSITION INMATES WHO MEET THE STATUTORY CRITERIA7
TO PROGRESS TO NONRESIDENTIAL STATUS. WITHIN FOURTEEN CALENDAR8
DAYS AFTER RECEIVING THE LIST OF TRANSITION INMATES , THE9
DEPARTMENT SHALL INVESTIGATE AND APPROVE A RESIDENCE PLAN FOR10
EACH TRANSITION INMATE ON THE LIST AND SUBMIT THE APPROVED11
RESIDENCE PLAN TO THE RELEVANT COMMUNITY CORRECTIONS BOARD .12
WITHIN FOURTEEN CALENDAR DAYS AFTER RECEIVING A TRANSITION PLAN13
FROM THE DEPARTMENT , THE COMMUNITY CORRECTIONS BOARD SHALL14
APPROVE OR DENY THE INMATE'S PLACEMENT TO NONRESIDENTIAL STATUS15
AND SHALL NOTIFY THE DEPARTMENT OF ITS DETERMINATION.16
(C) REQUEST, IN WRITING, THAT EACH COMMUNITY CORRECTIONS17
BOARD REVIEW ALL PENDING INMATE TRANSITION PLACEMENT18
APPLICATIONS ON AN EXPEDITED BASIS , BUT NO LATER THAN FOURTEEN19
DAYS AFTER THE REQUEST FOR TRANSITION IS RECEIVED BY THE BOARD;20
(D) R EQUEST, IN WRITING , THAT THE OFFICE OF COMMUNITY21
CORRECTIONS INVESTIGATE EXPANDING THE CAPACITY FOR INMATE22
TRANSITION BEDS IN COMMUNITY CORRECTIONS THAT COULD BE PROVIDED23
ON A TEMPORARY OR LONGER -TERM BASIS, INCLUDING THE NUMBER OF24
BEDS;25
(E) REQUIRE THAT DEPARTMENT CASE MANAGERS REVIEW EACH26
INMATE TO DETERMINE IF THE INMATE IS ELIGIBLE FOR COMMUNITY27
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CORRECTIONS PLACEMENT AND INITIATE A REFERRAL TO THE RELEVANT1
COMMUNITY CORRECTIONS BOARD WITHIN SEVEN DAYS AFTER THE2
ELIGIBILITY DETERMINATION;3
(F) REQUIRE THAT THE DIVISION OF ADULT PAROLE NOTIFY EACH4
COMMUNITY PAROLE OFFICER, IN WRITING, OF THE PRISON BED SHORTAGE5
AND REQUEST THAT PAROLE OFFICERS CONSIDER ALTERNATIVE SANCTIONS6
FOR TECHNICAL VIOLATIONS, IF LAWFULLY AVAILABLE AND CONSISTENT7
WITH PUBLIC SAFETY; AND8
(G) REQUIRE THAT THE DIVISION OF ADULT PAROLE IDENTIFY, IN9
WRITING, POTENTIAL ALTERNATIVE PLACEMENTS , INCLUDING, BUT NOT10
LIMITED TO, REFERRAL TO ANOTHER COMMUNITY CORRECTIONS PROGRAM;11
A RESIDENTIAL TREATMENT PROGRAM ; A CERTIFIED RECOVERY12
RESIDENCE, AS DEFINED IN SECTION 27-80-129; OR A COMMUNITY-BASED13
REENTRY PROGRAM , FOR ANY TRANSITION INMATE AT RISK OF BEING14
REGRESSED BACK TO PRISON FROM A COMMUNITY CORRECTIONS15
PROGRAM, UNLESS THE BASIS FOR REGRESSION IS FOR A CONVICTION FOR16
A NEW FELONY OFFENSE WHILE THE INMATE WAS IN THE COMMUNITY17
CORRECTIONS PROGRAM;18
(II) Request that the parole board review a list of WITHIN FIVE19
DAYS AFTER THE PRISON BED VACANCY RATE FALLS BELOW THREE20
PERCENT FOR THIRTY CONSECUTIVE DAYS , AND EVERY THIRTY DAYS21
THEREAFTER, IDENTIFY inmates who are within ninety ONE HUNDRED22
TWENTY days of their mandatory release date have an approved parole23
plan, and do not require full board review or victim notification pursuant24
to section 24-4.1-302.5 (1)(j); OR STATUTORY DISCHARGE DATE AND25
FORTHWITH GRANT EACH INMATE AN ADDITIONAL SIXTY DAYS OF EARNED26
TIME THROUGH THE TIME COMPUTATION UNIT OF THE DEPARTMENT ,27
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UNLESS THE INMATE HAS BEEN FOUND GUILTY OF A CLASS I CODE OF1
PENAL DISCIPLINE VIOLATION WITHIN THE PREVIOUS TWELVE MONTHS2
FROM THE DATE OF IDENTIFICATION PURSUANT TO THIS SUBSECTION3
(2)(a)(II) OR SINCE INCARCERATION , WHICHEVER IS SHORTER . EARNED4
TIME GRANTED PURSUANT TO THIS SUBSECTION (2)(a)(II) IS IN ADDITION5
TO EARNED TIME AWARDED PURSUANT TO , AND IS NOT SUBJECT TO ANY6
LIMITATION ON EARNED TIME DESCRIBED IN , SECTION 17-22.5-405. THE7
DEPARTMENT SHALL SUBMIT THE LIST OF THE IDENTIFIED INMATES TO THE8
PAROLE BOARD TO ENSURE THE CONDITIONS OF PAROLE HAVE BEEN , OR9
WILL BE, ORDERED PRIOR TO THE INMATE'S RELEASE.10
(III) WITHIN FIVE DAYS AFTER THE PRISON BED VACANCY RATE11
FALLS BELOW THREE PERCENT FOR THIRTY CONSECUTIVE DAYS, coordinate12
with the parole board to review the CREATE A list of inmates who have13
satisfied conditions for conditional release verified by the department of14
corrections, do not require full board review or victim notification15
pursuant to section 24-4.1-302.5 (1)(j), and have satisfied the condition16
or conditions required for an order to parole; and WERE GRANTED17
CONDITIONAL RELEASE BY THE PAROLE BOARD SUBJECT TO THE18
SATISFACTION OF SPECIFIC CONDITIONS PRIOR TO RELEASE ON PAROLE. NO19
LATER THAN SEVEN DAYS AFTER CREATING THE LIST , THE DEPARTMENT20
SHALL INFORM THE PAROLE BOARD IF A LISTED INMATE HAS SATISFIED THE21
SPECIFIC CONDITIONS REQUIRED FOR RELEASE . IF THE INMATE HAS22
SATISFIED THE CONDITIONS , THE PAROLE BOARD SHALL FINALIZE THE23
INMATE'S RELEASE WITHIN SEVEN DAYS OF THE DEPARTMENT 'S FINDING.24
IF A SPECIFIC CONDITION RELATES TO COMPLETING A PROGRAM AND THE25
CONDITION HAS NOT BEEN SATISFIED , THE PAROLE BOARD SHALL26
DETERMINE WHETHER THE CONDITION CAN BE SATISFIED AFTER RELEASE27
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AND MANDATED AS A CONDITION OF PAROLE . IF A SPECIFIC CONDITION1
RELATES TO THE FAILURE OF THE DIVISION OF ADULT PAROLE TO PROVIDE2
A PAROLE PLAN IN A TIMELY FASHION PURSUANT TO SECTION 17-22.5-4033
(5), THE PAROLE BOARD SHALL NOTIFY THE EXECUTIVE DIRECTOR AND THE4
EXECUTIVE DIRECTOR SHALL REQUIRE A CASE MANAGER SUPERVISOR TO5
SUBMIT AN APPROVED PAROLE PLAN TO THE PAROLE BOARD WITHIN6
FOURTEEN DAYS AFTER RECEIVING NOTICE FROM THE EXECUTIVE7
DIRECTOR.8
(IV) (A) W ITHIN FOURTEEN DAYS AFTER THE PRISON BED9
VACANCY RATE FALLS BELOW THREE PERCENT FOR THIRTY CONSECUTIVE10
DAYS, submit to the parole board a list of eligible inmates with a11
favorable parole plan who have been assessed to be medium or lower risk12
on the validated risk assessment scale developed pursuant to section13
17-22.5-404 (2) WHO ARE INCARCERATED IN A LEVEL I OR LEVEL II14
FACILITY, AS THOSE TERMS ARE DEFINED IN SECTION 17-1-104.3, WHO ARE15
PAST THEIR PAROLE ELIGIBILITY DATE . THE PAROLE BOARD SHALL16
CONSIDER THE LIST AS AN INDIVIDUAL APPLICATION FOR PAROLE FOR EACH17
INMATE ON THE LIST AND REVIEW , ON AN EXPEDITED BASIS , EACH18
APPLICATION CONSISTENT WITH SECTION 17-2-201. Except as provided in19
subsection (2)(a)(IV)(B) of this section, the parole board shall conduct a20
file review of each inmate on the list and set conditions of release for the21
inmate within thirty days after receipt of the list and set a day of release22
no later than thirty days after conducting the file review.23
(B) If victim notification is required and a victim wishes to24
provide input, the parole board shall schedule a hearing in lieu of a file25
review and set conditions of release for the inmate and a date of release26
no later than thirty days after conducting the hearing.27
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(C) If additional information is needed, the parole board may table1
a decision after the file review or hearing and request additional2
information from the department. The parole board may grant or deny3
parole to an applicant, and, if the decision is to deny parole, it must be4
based on a majority vote of the full board.5
(D) An inmate is not eligible for release pursuant to this section6
if he or she is THE INMATE IS serving a sentence for an offense7
enumerated in section 24-4.1-302 or section 16-22-102 (9) or has had a8
class I code of penal discipline violation within the previous twelve9
months from the date of the list or since incarceration, whichever is10
shorter; has been terminated for lack of progress or declined in writing to11
participate in programs that have been recommended and made available12
to the inmate within the previous twelve months or since incarceration,13
whichever is shorter; HAS WAIVED CONSIDERATION FOR PAROLE14
PURSUANT TO SECTION 17-2-204 (2); OR has been regressed from15
community-corrections or revoked from parole within the previous one16
hundred eighty days. or has a pending felony charge, detainer, or an17
extraditable warrant.18
(E) An inmate is eligible for release pursuant to this subsection19
(2)(a)(IV) if the inmate is at or past his or her THE INMATE 'S parole20
eligibility date and is only serving a sentence for a conviction of a level21
3 or level 4 drug felony or a class 3, class 4, class 5, or class 6 nonviolent22
felony offense.23
(F) IF AN INMATE HAS A PENDING FELONY CHARGE, DETAINER, OR24
EXTRADITABLE WARRANT, AND IS OTHERWISE ELIGIBLE FOR RELEASE TO25
PAROLE, THE DEPARTMENT SHALL NOTIFY THE DEPARTMENT LIAISON FOR26
THE OFFICE OF STATE PUBLIC DEFENDER , AS DESCRIBED IN SECTION27
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21-1-104 (6), TO DETERMINE WHETHER THE LEGAL MATTER CAN BE1
RESOLVED ON A FORTHWITH BASIS.2
(b) The department may utilize any, all, or a combination of the3
measures described in subsection (2)(a) of this section when the PRISON4
BED vacancy rate falls below two THREE percent for thirty consecutive5
days and until the vacancy rate is above three percent for thirty6
consecutive days.7
(c) I F THE PRISON BED VACANCY RATE FALLS BELOW THREE8
PERCENT FOR THIRTY CONSECUTIVE DAYS AND A NOTIFICATION IS MADE9
PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION AND RECEIVED BY:10
(I) A N ELECTED DISTRICT ATTORNEY , THE ELECTED DISTRICT11
ATTORNEY SHALL NOTIFY EACH DEPUTY DISTRICT ATTORNEY ASSIGNED TO12
FELONY CASES AND EACH DEPUTY DISTRICT ATTORNEY SERVING ON THE13
LOCAL COMMUNITY CORRECTIONS BOARD OF THE PRISON BED SHORTAGE14
AND THAT PRISON POPULATION MANAGEMENT MEASURES ARE IN EFFECT,15
AND THAT THE DEPUTY DISTRICT ATTORNEYS ARE ENCOURAGED TO16
CONSIDER AN ALTERNATIVE TO A PRISON SENTENCE , IF LAWFULLY17
AVAILABLE, FOR CASES PENDING SENTENCING OR RESENTENCING , WHEN18
THE ALTERNATIVE SENTENCE IS CONSISTENT WITH THE PURPOSES OF19
SENTENCING DESCRIBED IN SECTION 18-1-102.5 AND PUBLIC SAFETY;20
(II) THE OFFICE OF STATE PUBLIC DEFENDER , THE OFFICE SHALL21
NOTIFY EACH ATTORNEY ASSIGNED TO REPRESENT INDIVIDUALS CHARGED22
WITH A FELONY OFFENSE AND EACH ATTORNEY SERVING ON THE LOCAL23
COMMUNITY CORRECTIONS BOARD OF THE PRISON BED SHORTAGE AND24
THAT PRISON POPULATION MANAGEMENT MEASURES ARE IN EFFECT, AND25
REQUEST THAT EACH ATTORNEY UTILIZE AVAILABLE RESOURCES TO26
INVESTIGATE AND ADVOCATE FOR AN ALTERNATIVE TO A PRISON27
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SENTENCE, IF LAWFULLY AVAILABLE, FOR CASES PENDING SENTENCING OR1
RESENTENCING;2
(III) THE OFFICE OF ALTERNATE DEFENSE COUNSEL , THE OFFICE3
SHALL NOTIFY EACH ATTORNEY ASSIGNED TO REPRESENT INDIVIDUALS4
CHARGED WITH A FELONY OFFENSE OF THE CURRENT PRISON BED5
SHORTAGE AND THAT PRISON POPULATION MANAGEMENT MEASURES ARE6
IN EFFECT , AND REQUEST THAT EACH ATTORNEY UTILIZE AVAILABLE7
RESOURCES TO INVESTIGATE AND ADVOCATE FOR AN ALTERNATIVE TO A8
PRISON SENTENCE , IF LAWFULLY AVAILABLE , FOR CASES PENDING9
SENTENCING OR RESENTENCING;10
(IV) A CHIEF JUDGE OF A JUDICIAL DISTRICT , THE CHIEF JUDGE11
SHALL NOTIFY EACH DISTRICT COURT JUDGE IN THE JUDICIAL DISTRICT12
ASSIGNED TO FELONY CASES OF THE CURRENT PRISON BED SHORTAGE AND13
THAT PRISON POPULATION MANAGEMENT MEASURES ARE IN EFFECT, AND14
THAT JUDGES ARE ENCOURAGED TO CONSIDER ALTERNATIVE TO PRISON15
SENTENCES, WHEN LAWFULLY AVAILABLE, IF AN ALTERNATIVE SENTENCE16
IS CONSISTENT WITH THE PURPOSES OF SENTENCING AS PROVIDED IN17
SECTION 18-1-102.5; OR18
(V) A CHIEF PROBATION OFFICER FOR A JUDICIAL DISTRICT , THE19
CHIEF PROBATION OFFICER SHALL NOTIFY EACH PROBATION OFFICER WHO20
SUPERVISES INDIVIDUALS ON FELONY PROBATION OF THE CURRENT PRISON21
BED SHORTAGE AND THAT PRISON POPULATION MANAGEMENT MEASURES22
ARE IN EFFECT, AND THAT THE PROBATION OFFICERS ARE ENCOURAGED TO23
FULLY UTILIZE AVAILABLE AND APPROPRIATE INTERMEDIATE SANCTIONS24
FOR TECHNICAL VIOLATIONS OF PROBATION IN LIEU OF REVOCATION , IF25
LAWFULLY AVAILABLE AND CONSISTENT WITH PUBLIC SAFETY.26
(3) AS USED IN THIS SECTION , UNLESS THE CONTEXT OTHERWISE27
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REQUIRES:1
(a) "L OCAL JAIL BACKLOG " MEANS THE INMATES UNDER THE2
JURISDICTION OF THE DEPARTMENT OF CORRECTIONS WHO ARE BEING3
HOUSED IN A LOCAL JAIL ON BEHALF OF THE DEPARTMENT.4
(b) "LOCAL JAIL CONTRACT" MEANS A CONTRACT BETWEEN THE5
DEPARTMENT AND A LOCAL JAIL WHEREBY THE LOCAL JAIL HOUSES6
INMATES UNDER THE JURISDICTION OF THE DEPARTMENT.7
(c) "O PERATIONAL CAPACITY " MEANS THE TOTAL NUMBER OF8
STATE AND PRIVATE PRISON BEDS FUNDED IN THE CURRENT FISCAL YEAR,9
MINUS ANY BEDS THAT ARE CURRENTLY OFFLINE FOR MAINTENANCE; USED10
ONLY FOR TEMPORARY PLACEMENT, INCLUDING INFIRMARY, RESTRICTIVE11
HOUSING, AND TRANSPORT BEDS; AND THE NUMBER OF BEDS NEEDED TO12
MAINTAIN A TWO AND ONE-HALF PERCENT VACANCY RATE.13
(d) "P RISON BED VACANCY RATE " MEANS THE PERCENTAGE OF14
OPERATIONAL CAPACITY FOR PRISON BEDS THAT ARE CURRENTLY UNUSED.15
FOR THE PURPOSES OF CALCULATING THE PRISON BED VACANCY RATE, THE16
DEPARTMENT SHALL INCLUDE INMATES UNDER THE JURISDICTION OF THE17
DEPARTMENT WHO ARE HOUSED IN A LOCAL JAIL PURSUANT TO A LOCAL18
JAIL CONTRACT AND THOSE DESIGNATED AS LOCAL JAIL BACKLOG.19
SECTION 5. Safety clause. The general assembly finds,20
determines, and declares that this act is necessary for the immediate21
preservation of the public peace, health, or safety or for appropriations for22
the support and maintenance of the departments of the state and state23
institutions.24
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