Prison Population Management Measures

SENATE BILL 26-036
BY SENATOR(S) Gonzales J. and Weissman, Amabile, Benavidez, Cutter,
Exum, Hinrichsen, J odeh, Kipp, Marchman, Rodriguez, Wallace, Coleman;
also REPRESENTATIVE(S) Bacon and Zokaie, Boesenecker, Brown,
Camacho, Carter, Clifford, English, Garcia, Jackson, Lindsay, Mabrey,
Nguyen, Phillips, Sirota, Story.
CONCERNING INCREASING OPERATIONAL EFFICIENCY OF EXISTING PRISON
POPULATION MANAGEMENT MEASURES, AND, IN CONNECTION
THEREWITH, MAKING AND REDUCING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. ( 1) The general assembly
finds that:
(a) States across the country have enacted prison population
management measures that recognize that overcrowded prison facilities are
a threat to the health and safety of staff and inmates;
(b) It is universally recognized that ensuring systematic and
operational efficiencies can effectively manage prison populations without
compromising public safety;
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.
( c) In 2018, the Colorado general assembly unanimously adopted
prison population management measures that trigger specific actions when
the department of corrections' prison bed vacancy rate falls below a
specified level for 30 consecutive days;
(d) On August 16, 2025, the department of corrections' prison bed
vacancy rate fell to a level that triggered the prison population management
measures for the first time; and
( e) The implementation of current prison population management
measures has not made an impact on prison overcrowding in Colorado.
There is limited data available to assess the reasons for this lack of impact
since there is no data reporting required by state law on the implementation
of the mandated prison population management measures. However, there
is clearly the potential for impact because reliable data indicates that a
significant number of inmates are eligible for placement in the community
through community corrections boards, and roughly 4,600 inmates are past
their parole eligibility date.
(2) Therefore, the general assembly declares that revising Colorado's
existing prison population management measures is necessary in order to
address operational inefficiencies, obtain necessary data, and increase
transparency and accountability, and that the efficient management of
prison populations is a matter of ongoing concern for correctional staff and
inmates.
SECTION 2. In Colorado Revised Statutes, amend 17-1-119. 7 as
follows:
17-1-119.7.
definitions.
Prison population management measures -
(1) (a) The department shall track the prison bed vacancy rate in
both correctional facilities and state-funded private contract prison beds on
a monthly basis. If the PRISON BED vacancy rate falls below three FOUR
percent for thirty consecutive days, the department shall, WITHIN
FORTY-EIGHT HOURS, notify THE FOLLOWING:
(I) The governor;
PAGE 2-SENATE BILL 26-036
(II) The joint budget committee;
(Ill) THE HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE AND
THE SENATE JUDICIARY COMMITTEE, OR THEIR SUCCESSOR COMMITTEES;
(IV) The parole board AND EACH RELEASE HEARING OFFICER AND
ADMINISTRATIVE HEARING OFFICER UNDER CONTRACT WITH THE PAROLE
BOARD;
(V) THE OFFICE OF COMMUNITY CORRECTIONS IN THE DEPARTMENT
OF PUBLIC SAFETY;
(VI) EACH COMMUNITY CORRECTIONS BOARD AND COMMUNITY
CORRECTIONS PROGRAM, AS THOSE TERMS ARE DEFINED IN SECTION
17-27-102;
(VII) Each elected district attorney;
(VIII) THE OFFICE OF STATE PUBLIC DEFENDER CR EATED IN SECTION
21-1-101;
(IX) THE OFFICE OF ALTERNATE DEFENSE COUNSEL CREATED IN
SECTION 21-2-101;
(X) The chief judge of each judicial district; the state public
defender, and the c,ffice c,f cmnmunicy cmrections in the department of
public safety. The department shall nc,tify the gc,v emm, the j c,int budget
cc,mmittee, the _parole board, each elected disttict attmney, the chiefjudge
c,f each judicial district, the state public defender, and the c,ffice c,f
community cm t ectic,ns once the vacancy I ate exceeds fom pet cent for thirty
cmrsecutive days.
(XI) THE CHIEF PROBATION OFFICER IN EACH JUDICIAL DISTRICT;
(XII) THE OFFICE OF THE STATE COURT ADMINISTRATOR; AND
(XIII) EACH COUNTY SHERIFF OF COLORADO.
(b) IF THE MANDATES REQUIRED PURSUANT TO THIS SECTION ARE IN
EFFECT AND THE PRISON BED VA CAN CY RA TE IS FOUR PERCENT OR HIGHER
PAGE 3-SENATE BILL 26-036
FOR THIRTY CONSECUTIVE DAYS, THE DEPARTMENT SHALL NOTIFY EACH
PERSON AND ENTITY LISTED IN SUBSECTION ( 1 )(a) OF THIS SECTION THAT THE
MANDATES REQUIRED PURSUANT TO THIS SECTION ARE NO LONGER IN
EFFECT.
( C) EACH INDIVIDUAL AND ENTITY THAT RECEIVES NOTIFICATION
PURSUANT TO SUBSECTION (l)(a) OF THIS SECTION SHALL ACKNOWLEDGE
RECEIPT OF THE NOTIFICATION, IN WRITING, AND CONFIRM COMPLIANCE WITH
THE NOTIFICATION REQUIREMENTS DESCRIBED IN SUBSECTION (2)( e) OF THIS
SECTION.
( d) THE NOTIFICATION TO THE GOVERNOR AND THE PAROLE BOARD
MUST BE UPDATED EVERY THIRTY DAYS WHILE THE MANDATES REQUIRED
PURSUANT TO THIS SECTION ARE IN EFFECT AND INCLUDE AN ESTIMATE OF
THE REDUCTION IN THE INMATE POPULATION NEEDED TO ACHIEVE A PRISON
BED VACANCY RA TE OF FOUR PERCENT OR HIGHER.
(2) (a) If the PRISON BED vacancy rate in correctional facilities and
state-funded private contract prison beds falls below three FOUR percent for
thirty consecutive days, the department shall:
(I) (A) Request the office of community corrections to provide the
department with information regarding the location and nature of any
unutilized community corrections beds. The office of community
corrections shall provide the information TO THE DEPARTMENT within
seventy-two hours of AFTER the request and on a weekly basis until the
office of community corrections receives notification FROM THE
DEPARTMENT that the vacancy rate exceeds thtee petcent MANDATES
REQUIRED BY THIS SECTION ARE NO LONGER IN EFFECT.
(8) REQUEST, IN WRITING, THAT EACH COMMUNITY CORRECTIONS
PROVIDER REVIEW THE ST A TUTORY CRITERIA FOR EACH TRANSITION INMATE
WHO HAS RESIDED IN THE COMMUNITY CORRECTIONS PROGRAM OPERA TED
BY THE PROVIDER FOR MORE THAN ONE HUNDRED EIGHTY DAYS AND WHO
MEETS THE PROGRAM OBJECTIVES FORAN INTENSIVE SUPERVISION PROGRAM
PURSUANT TO SECTION 17-27.5-101, AND PROVIDE THE DEPARTMENT WITH
A LIST OF INTENSIVE SUPERVISION PROGRAM-ELIGIBLE TRANSITION INMATES
WITH EMPLOYMENT AND HOUSING OPTIONS. AFTER RECEIVING THE LIST OF
TRANSITION INMATES, THE DEPARTMENT SHALL INVESTIGATE AND APPROVE
A RESIDENCE PLAN FOR EACH TRANSITION INMATE ON THE LIST AND SUBMIT
PAGE 4-SENATE BILL 26-036
THE APPROVED RESIDENCE PLAN TO THE RELEVANT COMMUNITY
CORRECTIONS BOARD.
(C) REQUEST, IN WRITING, THAT THE OFFICE OF COMMUNITY
CORRECTIONS INVESTIGATE EXPANDING THE CAPACITY FOR INMATE
TRANSITION BEDS IN COMMUNITY CORRECTIONS PROGRAMS THAT COULD BE
PROVIDED ON A TEMPORARY OR LONGER-TERM BASIS, INCLUDING THE
POTENTIAL NUMBER OF BEDS. THE OFFICE OF COMMUNITY CORRECTIONS
SHALL PROVIDE THE RES UL TS OF THE INVESTIGATION TO THE DEPARTMENT
AND THE JOINT BUDGET COMMITTEE.
(D) REQUIRE THAT DEPARTMENT CASE MANAGERS REVIEW THE
ELIGIBILITY OF EACH INMATE FOR COMMUNITY CORRECTIONS PROGRAM
PLACEMENT AND INITIATE A REFERRAL OF AN INMATE WHO IS ELIGIBLE TO
THE RELEVANT COMMUNITY CORRECTIONS BOARD WITHIN SEVEN DAYS
AFTER THE ELIGIBILITY DETERMINATION; AND
(E) REQUIRE THAT THE DIVISION OF ADULT PAROLE NOTIFY EACH
COMMUNITY PAROLE OFFICER, IN WRITING, OF THE PRISON BED SHORTAGE
AND REQUEST THAT PAROLE OFFICERS CONSIDER ALTERNATIVE SANCTIONS
FOR TECHNICAL VIOLATIONS OF PAROLE BY A TRANSITION INMATE, IF
LAWFULLY AVAILABLE AND CONSISTENT WITH PUBLIC SAFETY.
(II) Request that the parole board review a list of inmates who are
within ninety days of their mandatory release date have an approved parole
plan; and do not require full board review or victim notification pursuant to
section 24-4.1-302.5 ( I )(j).
(III) Coordinate with the parole board to review the WITHIN
FOURTEEN DAYS AFTER PROVIDING THE NOTIFICATION PURSUANT TO
SUBSECTION (l)(a) OF THIS SECTION, CREATE A list of inmates who have
satisfied conditions for conditional release, verified b, the departrnent of
eoneetions, do not require full board review or victim notification pursuant
to section 24-4.1-302.5 (l)G), and have satisfied the condition or conditions
required for an order to parole. and THE DEPARTMENT SHALL INFORM THE
PAROLE BOARD IF A LISTED INMATE HAS SATISFIED THE CONDITIONS
REQUIRED FOR RELEASE. IF A SPECIFIC CONDITION RELATES TO COMPLETING
A PROGRAM AND THE CONDITION HAS NOT BEEN SATISFIED, THE PAROLE
BOARD SHALL DETERMINE WHETHER THE CONDITION CAN BE SATISFIED
AFTER RELEASE AND MANDATED AS A CONDITION OF PAROLE.
PAGE 5-SENATE BILL 26-036
(IV) (A) WITHIN FOURTEEN DAYS AFTER PROVIDING THE
NOTIFICATION PURSUANT TO SUBSECTION (l)(a) OF THIS SECTION, submit to
the parole board a list of eligible inmates with a favorable parole plan who
have been assessed to be medium or lower risk on the validated risk
assessment scale developed pursuant to section 17-22.5-404 (2), OR WHO
HA VE BEEN CLASSIFIED AS MINIMUM OR MINIMUM RESTRICTIVE CUSTODY,
AND WHO ARE PAST THEIR PAROLE ELIGIBILITY DATE. THE PAROLE BOARD
SHALL CONSIDER THE LIST AS AN INDIVIDUAL APPLICATION FOR PAROLE FOR
EACH INMATE ON THE LIST AND REVIEW EACH APPLICATION CONSISTENT
WITH SECTION 17-2-201. Except as provided in subsection (2)(a)(IV)(B) of
this section, the parole board shall conduct a file review of each inmate on
the list and set conditions of release for the inmate within thirty days after
receipt of the list and set a day of release no later than thirty days after
conducting the file review.
(B) If victim notification is required and a victim wishes to provide
input, the parole board shall schedule a hearing in lieu of a file review and
set conditions of release for the inmate and a date of release no later than
thirty days after conducting the hearing.
(C) If additional information is needed, the parole board may table
a decision after the file review or hearing and request additional information
from the department. The parole board may grant or deny parole to an
applicant, and, if the decision is to deny parole, it must be based on-a
maj ority vote of the full board.
(D) An inmate is not eligible for release ptnsuant to this section if
he or she is ser v ing a sentence for an offense enumerated in section
24-4 .1-3 02 or section 16-22-102 (9) or has had a class I code of penal
discipline violation within the previous twelve months frorn the date of the
list or since incarceration, whichever is shorter, has been terminated for lack
of progress or declined in writing to participate in. programs that have been
recommended and made a'\lailable to the inmate within the previous twelve
months 01 since incarceration, whichever is shorter, has been regressed
ft om cornmunity-con eetions or revoked fr on1 parole within the pre v ions
one hundred eighty days; or has a pending felony charge, detainer, or an
extraditable wanant.
(E) An imnate is eligible for release pm suant to this subsection
(2)(a)(IV) if the inmate is at or past his or her parole eligibility date and is
PAGE 6-SENATE BILL 26-036
only ser v ing a sentence for a eon v ietion of a level 3 or level 4 drug felony
or a class 3, class 4, class 5, or class 6 nonviolent felony offense.
(D) IF AN INMATE HAS A PENDING FELONY CHARGE, DETAINER, OR
EXTRADITABLE WARRANT, AND IS OTHERWISE ELIGIBLE FOR RELEASE TO
PAROLE, THE DEPARTMENT SHALL NOTIFY THE LIAISON FOR THE OFFICE OF
STATE PUBLIC DEFENDER, AS DESCRIBED IN SECTION 21-1-104 (6), TO
DETERMINE WHETHER THE LEGAL MATTER CAN BE RESOLVED ON A
FORTHWITH BASIS.
(V) (A) WITHIN FOURTEEN DAYS AFTER AN OFFENDER IS ADMITTED
TO THE CUSTODY OF THE DEPARTMENT AS A NEW COURT COMMITMENT, IF
THE OFFENDER IS DETERMINED BY THE DEPARTMENT DURING ADMISSION TO
BE PAST OR WITHIN NINETY DAYS OF THE OFFENDER'S PAROLE ELIGIBILITY
DATE AND THE OFFENDER IS NOT SERVING A SENTENCE FOR A LEVEL 1 DRUG
FELONY OR FOR AN OFFENSE ENUMERATED IN SECTION 24-4.1-302 (1) OR
16-22-102 (9), NOTIFY THE SENTENCING COURT AND PROVIDE THE COURT
WITH INFORMATION ON THE OFFENDER'S PAROLE ELIGIBILITY DATE,
MANDATORY RELEASE DATE, AND THE RESULTS OF ANY INTAKE
ASSESSMENTS.
(B) IF A SENTENCING COURT RECEIVES NOTICE FROM THE
DEPARTMENTPURSUANTTOSUBSECTION (2)(a)(V)(A) OFTHISSECTION, THE
COURT SHALL NOTIFY COUNSEL FOR THE DEFENDANT AND THE PROSECUTION
ANDREQUESTTHATTHEDEFENDANTFILEAMOTIONFORRECONSIDERATION,
IF THE DEFENDANT CHOOSES TO DO SO, UNLESS THE PRISON SENTENCE IS THE
RESULT OF A STIPULATED PLEA AGREEMENT FOR AN EXACT NUMBER OF
YEARS IN PRISON. IF THE COURT RECEIVES A MOTION FOR RECONSIDERATION,
THE COURT MAY GRANT THE MOTION WITH OR WITHOUT SCHEDULING A
HEARING AND MAY IMPOSE AN ALTERNATIVE SENTENCE EXCEPT A SENTENCE
TO JAIL. THE COURT SHALL DECIDE THE MATTER WITHIN THIRTY-FIVE DAYS
AFTER THE FILING OF THE MOTION.
(b) (I) WHILE THE MEASURES DESCRIBED IN SUBSECTION (2)(a) OF
THIS SECTION ARE IN EFFECT, THE PAROLE BOARD MAY GRANT OR DENY
PAROLE TO AN APPLICANT WHO IS ELIGIBLE FOR PAROLE PURSUANT TO THIS
SECTION, AND, IF THE DECISION IS TO DENY PAROLE, THE DECISION MUST BE
BASED ON A MAJORITY VOTE OF THE FULL PAROLE BOARD.
(II) A PAROLE APPLICATION HEARING OR RECONSIDERATION OF
PAGE 7-SENATE BILL 26-036
SENTENCING HEARING HELD PURSUANT TO THIS SECTION MUST COMPLY WITH
THE APPLICABLE PROVISIONS SET FORTH IN SECTIONS 24-4.1-302.5 AND
24-4.1-303.
(111) AN INMATE IS NOT ELIGIBLE FOR CONSIDERATION OF RELEASE
PURSUANT TO THIS SECTION IF THE INMATE IS SERVING A SENTENCE FOR A
LEVEL 1 DRUG FELONY OR FOR AN OFFENSE ENUMERATED IN SECTION
24-4.1-302 (1) OR 16-22-102 (9) OR HAS BEEN FOUND GUILTY OF A CLASS I
CODE OF PENAL DISCIPLINE VIOLATION WITHIN THE PREVIOUS TWELVE
MONTHS OR SINCE INCARCERATION, WHICHEVER IS SHORTER.
(IV) ACTIONS TAKEN REGARDING PLACEMENT, TRANSFER, OR OTHER
MOVEMENT OF AN INMATE PURSUANT TO THIS SECTION MUST COMPLY WITH
THE APPLICABLE PROVISIONS SET FORTH IN SECTIONS 24-4.1-302.5 AND
24-4.1-303.
(V) THE DEPARTMENT MAY REFER AN INMATE RELEASED PURSUANT
TO THIS SECTION WHO MAY BENEFIT FROM COMMUNITY-BASED SUPPORT
SERVICES TO A COMMUNITY-BASED REENTRY PROGRAM THAT RECEIVES
FUNDING FROM THE REENTRY SERVICES GRANT PROGRAM DESCRIBED IN
SECTION 17-33-101 (7) OR OTHER COMMUNITY-BASED PROGRAMS THAT THE
DEPARTMENT CONTRACTS WITH FOR REENTRY SERVICES TO PROMOTE THE
INMATE'S SUCCESSFUL REINTEGRATION.
fb7 (c) The department may utilize any, all, or a combination of the
measures described in subsection (2)(a) of this section when the PRISON BED
vacancy rate falls below two FOUR percent for thirty consecutive days and
until the vacancy rate is above three FOUR percent for thirty consecutive
days.
(d) (I) IF THE MEASURES DESCRIBED IN SUBSECTION (2)(a) OF THIS
SECTION DO NOT RESULT IN ACHIEVING A PRISON BED VACANCY RA TE ABOVE
FOUR PERCENT WITHIN ONE HUNDRED TWENTY DAYS AFTER THE
NOTIFICATIONS PROVIDED PURSUANT TO SUBSECTION (l)(a) OF THIS
SECTION, THE DEPARTMENT SHALL, WITHIN THIRTY DAYS AFTER THE
DETERMINATION THAT THE MEASURES DO NOT RESULT IN ACHIEVING THE
SPECIFIC RA TES, SUBMIT TO THE PAROLE BOARD AND THE GOVERNOR A LIST
OF INMATES WHO ARE SERVING A SENTENCE IN THE DEPARTMENT AND WHO
ARE ELIGIBLE FOR PAROLE, NOTWITHSTANDING ANY OTHER PROVISION OF
LAW; RECOMMENDS FOR TRANSFER TO COMMUNITY CORRECTIONS FOR
PAGE 8-SENATE BILL 26-036
RESIDENTIAL OR NONRESIDENTIAL PLACEMENT; OR RECOMMENDS FOR ANY
OTHER FORM OF RELEASE, INCLUDING, BUT NOT LIMITED TO, COMMUTATION
OF THE INMATE'S SENTENCE BY THE GOVERNOR.
(II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, UPON
RECEIPT OF THE LIST PROVIDED BY THE DEPARTMENT PURSUANT TO
SUBSECTION (2)(d)(I) OF THIS SECTION:
(A) THE PAROLE BOARD MAY RELEASE AN INMATE WHO IS NOT
SERVING A SENTENCE FOR A LEVEL 1 DRUG FELONY OR FOR AN OFFENSE
ENUMERATED IN SECTION 24-4.1-302 (1) OR 16-22-102 (9)NINETY DAYS IN
ADVANCE OF THE INMATE'S CURRENT PAROLE ELIGIBILITY DATE;
(B) THE DEPARTMENT MAY REFER THE INMATE FOR PLACEMENT IN
A COMMUNITY CORRECTIONS PROGRAM; AND
(C) THE GOVERNOR MAY CONSIDER AND GRANT COMMUTATION OF
THE INMATE'S SENTENCE.
( e) IF THE PRISON BED VACANCY RA TE FALLS BELOW FOUR PERCENT
FOR THIRTY CONSECUTIVE DAYS AND A NOTIFICATION IS MADE PURSUANT TO
SUBSECTION (l)(a) OF THIS SECTION AND RECEIVED BY:
(I) AN ELECTED DISTRICT ATTORNEY, THE ELECTED DISTRICT
ATTORNEY SHALL NOTIFY EACH DEPUTY DISTRICT ATTORNEY ASSIGNED TO
FELONY CASES AND EACH DEPUTY DISTRICT ATTORNEY SERVING ON THE
LOCAL COMMUNITY CORRECTIONS BOARD OF THE PRISON BED SHORT AGE
AND THAT PRISON POPULATION MANAGEMENT MEASURES ARE IN EFFECT;
(II) THE OFFICE OF ST A TE PUBLIC DEFENDER, THE OFFICE SHALL
NOTIFY EACH ATTORNEY ASSIGNED TO REPRESENT AN INDIVIDUAL CHARGED
WITH A FELONY OFFENSE AND EACH ATTORNEY SERVING ON THE LOCAL
COMMUNITY CORRECTIONS BOARD OF THE CURRENT PRISON BED SHORT AGE
AND THAT PRISON POPULATION MANAGEMENT MEASURES ARE IN EFFECT,
AND REQUEST THAT EACH ATTORNEY UTILIZE AVAILABLE RESOURCES TO
INVESTIGATE AND ADVOCATE FORAN ALTERNATIVE TO A PRISON SENTENCE,
IF LAWFULLY AVAILABLE, FOR CASES PENDING SENTENCING OR
RESENTENCING;
(Ill) THE OFFICE OF ALTERNATE DEFENSE COUNSEL, THE OFFICE
PAGE 9-SENATE BILL 26-036
SHALL NOTIFY EACH ATTORNEY ASSIGNED TO REPRESENT AN INDIVIDUAL
CHARGED WITH A FELONY OFFENSE OF THE CURRENT PRISON BED SHORTAGE
AND THAT PRISON POPULATION MANAGEMENT MEASURES ARE IN EFFECT,
AND REQUEST THAT EACH ATTORNEY UTILIZE AV AI LAB LE RESOURCES TO
INVESTIGATE AND ADVOCATE FOR AN ALTERNATIVE TO A PRISON SENTENCE,
IF LAWFULLY AVAILABLE, FOR CASES PENDING SENTENCING OR
RESENTENCING;
(IV) A CHIEF JUDGE OF A JUDICIAL DISTRICT, THE CHIEF JUDGE SHALL
NOTIFY EACH DISTRICT COURT JUDGE IN THE JUDICIAL DISTRICT WHO IS
ASSIGNED TO FELONY CASES OF THE CURRENT PRISON BED SHORT AGE AND
THAT PRISON POPULATION MANAGEMENT MEASURES ARE IN EFFECT; OR
(V) A CHIEF PROBATION OFFICER FOR A JUDICIAL DISTRICT, THE
CHIEF PROBATION OFFICER SHALL NOTIFY EACH PROBATION OFFICER WHO
SUPERVISES INDIVIDUALS ON FELONY PROBATION OF THE CURRENT PRISON
BED SHORTAGE AND THAT PRISON POPULATION MANAGEMENT MEASURES
ARE IN EFFECT.
(3) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
(a) "LOCAL JAIL BACKLOG" MEANS THE INMATES UNDER THE
JURISDICTION OF THE DEPARTMENT WHO ARE BEING HOUSED IN A LOCALJAIL
ON BEHALF OF THE DEPARTMENT.
(b) "OPERATIONAL CAPACITY" MEANS THE NUMBER OF PERMANENT
BEDS AT A PRISON, EXCLUDING NONCAPACITY BEDS SUCH AS INFIRMARY
BEDS AND RESTRICTIVE HOUSING AND TRANSPORT BEDS, UNLESS OTHERWISE
SPECIFIED DUE TO EMERGENCY NEEDS.
(c) (I) "PRISON BED VACANCY RATE" MEANS THE PERCENTAGE OF
OPERATIONAL CAPACITY FOR PRISON BEDS THAT IS CURRENTLY UNUSED. FOR
THE PURPOSES OF CALCULATING THE PRISON BED VACANCY RA TE, THE
DEPARTMENT SHALL INCLUDE INMATES UNDER THE JURISDICTION OF THE
DEPARTMENT WHO AR E HOUSED IN A LOCAL JAIL AND THOSE DESIGNATED AS
LOCAL JAIL BACKLOG.
(II) NOTWITHSTANDING SUBSECTION (3 )( C )(I) OF THIS SECTION, THE
FIRST FOUR HUNDRED INMATES UNDER THE JURISDICTION OF THE
PAGE I 0-SENATE BILL 26-036
DEPARTMENT WHO ARE HOUSED IN A LOCAL JAIL PURSUANT TO A LOCAL JAIL
CONTRACT MUST NOT BE INCLUDED IN THE PRISON BED VACANCY RA TE
CALCULATION.
SECTION 3. In Colorado Revised Statutes, 17-1-103, add (l)(s)
as follows:
17-1-103. Duties of the executive director.
(1) The duties of the executive director are:
(s) To DEVELOP A COMPREHENSIVE AND ONGOING PRISON
POPULATION MANAGEMENT PLAN TO ENSURE THE SAFETY OF STAFF AND
INMATES AND TO ENSURE THAT THE DEPARTMENT COMPLIES WITH ALL
PRISON POPULATION MANAGEMENT MANDATES REQUIRED BY LAW,
INCLUDING IMPLEMENTING THE PRISON POPULATION MANAGEMENT
MEASURES SET FORTH IN SECTION 17-1-119.7, WHEN NECESSARY.
SECTION 4. In Colorado Revised Statutes, 17-1-103.3, amend
(l)(a)(I); and add (l)(a)(III) and (l)(a)(IV) as follows:
17-1-103.3. Reports for budgeting -definition.
(I) (a) No later than the fifth day of each month, the executive
director shall report the department's previous month's:
(I) Bed capacity and average daily inmate population by prison
facility, security level, and custody classification; and
(III) CURRENT POPULATION IN THE LOCAL JAIL BACKLOG, AS DEFINED
IN SECTION 17-1-119.7 (3), BY COUNTY; AND
(IV) COMPLIANCE WITH THE PRISON POPULATION MANAGEMENT
MEASURES DESCRIBED IN SECTION 17-1-119. 7 IF THE MEASURES ARE IN
EFFECT DURING THE PREVIOUS MONTH, INCLUDING EACH NOTICE SENT BY
THE DEPARTMENT , ACTIONS TAKEN BY THE DEPARTMENT TO COMPLY WITH
THE REQUIRED MEASURES, AND THE DOCUMENTED IMPACT OF
IMPLEMENTING THE REQUIRED MEASURES.
SECTION 5. In Colorado Revised Statutes, 17-2-201, add (3)(i) as
PAGE 11-SENATE BILL 26-036
follows:
17-2-201. State board of parole - duties -definitions.
(3) The chairperson, in addition to other provisions of law, has the
following powers and duties:
(i) TO ENSURE THAT THE PAROLE BOARD COMPLIES WITH ALL PRISON
POPULATION MANAGEMENT MANDATES REQUIRED BY LAW, INCLUDING
IMPLEMENTING, WHEN NECESSARY, THE PRISON POPULATION MANAGEMENT
MEASURES SET FORTH IN SECTION 17-1-119.7.
SECTION 6. In Colorado Revised Statutes, 17-27.5-101, amend
( 1 )(b) introductory portion and ( 1 )(b )(II) as follows:
17-27.5-101. Authority to establish intensive superv1s1on
programs for parolees and community corrections offenders.
( 1) (b) The department shall also be IS authorized to refer for
placement to an intensive supervision program operated under the
jurisdiction of units oflocal government under contract with and approved
by the department:
(II) Any offender who has met program objectives of a residential
community corrections program. and ~ho has not mote than one hundred
eighty days reniaining until such offender's parole eligibility date.
SECTION 7. Appropriation. ( 1) For the 2026-27 state fiscal year,
$303,812 is appropriated to the department of corrections. This
appropriation is from the general fund. To implement this act, the
department may use this appropriation as follows:
(a) $142,591 for use by community services for the wrap-around
services program;
(b) $140,511 for use by community services for personal services
related to the parole subprogram, which amount is based on an assumption
that the subprogram will require an additional 2.0 FTE;
( c) $16,560 for use by community services for operating expenses
PAGE 12-SENATE BILL 26-036
related to the parole subprogram; and
( d) $4,150 for use by support services for operating expenses related
to the training subprogram.
SECTION 8. Appropriation -adjustments to 2026 long bill. To
implement this act, the general fund appropriation made in the annual
general appropriation act for the 2026-27 state fiscal year to the department
of corrections for use by management for payments to local jails at a rate of
$77.16 per inmate per day is decreased by $478,778.
SECTION 9. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 13-SENATE BILL 26-036
the support and maintenance of the depa1iments of the state and state
institutions.
ames Rashad Coleman, Sr.
PRESIDENT OF
THE SENATE
her van Mourik
SECRETARY OF
THE SENATE
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
v~~
Vaneei11y
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
APPROVED on muYlJ tad ~u\-\..t.. l .t'-f 202." ~ I I •. O0e,1-'\,\
( ate and Time)
PAGE 14-SENA TE BILL 26-036