Justice-Involved Veterans

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED

LLS NO. 26-0719.01 Ken Fowler x2372 SENATE BILL 26-096
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
CONCERNING JUSTICE-INVOLVED VETERANS.101
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 allows defendant veterans to request an eligibility
assessment to determine if they are eligible for veteran deferred
sentencing. The bill states the offenses eligible and the requirements that
must be met by veteran defendants to qualify for veteran deferred
sentencing. The bill establishes what a court must include in a veteran
defendant's deferred sentence and establishes what a veteran defendant
must do to complete their deferred sentence and when they are eligible for
discharge from probation and for dismissal of their charges.
SENATE SPONSORSHIP
Hinrichsen,
HOUSE SPONSORSHIP
(None),
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 bill requires courts to consider veteran status, when disclosed,
when considering the sentence of a veteran defendant. The bill requires
law enforcement, courts, and corrections personnel to receive training
regarding justice-involved veterans. The bill requires courts to track and
report the number of veteran defendants receiving, completing, declining,
and denied veteran-deferred sentences. The bill requires the division of
criminal justice in the department of public safety to develop a plan to
track and evaluate outcomes of veteran defendants who receive
veteran-deferred sentences.
The bill requires the department of corrections (department) to
create a veteran identification process that must be implemented in all
offender diagnostic centers that allows the department to record which
offenders are veterans. The bill requires that veteran offenders be
considered, when appropriate, for correctional facility veteran housing
units and veteran services and have their veteran status be considered in
structuring their rehabilitation program.
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) Over 330,000 veterans live in Colorado, many of whom have4
experienced combat and returned home with "invisible injuries" such as5
PTSD, traumatic brain injury, substance use disorder, military sexual6
trauma, and other trauma-related conditions;7
(b) Research has found a significant correlation between military-8
service-related invisible injuries and aggressive, self-destructive behavior,9
increased suicide risk, and involvement with the criminal justice system,10
leading to disproportionate incarceration levels of veterans;11
(c) A study found that 87% of incarcerated veterans have12
experienced trauma and 39% screened positive for PTSD, compared to13
6% of the civilian population;14
(d) Colorado has established a veterans court program to help15
justice-involved veterans and active-duty military members address16
SB26-096-2-
service-related trauma through rehabilitation, treatment, and peer support;1
(e) Only 5 of Colorado's 23 judicial districts have veterans court2
programs, meaning only 10% to 15% of Colorado justice-involved3
veterans have access to a veterans court program, leaving many4
justice-involved veterans, especially those in rural areas, without support;5
(f) Establishing veteran-deferred sentencing and sentence6
mitigation options in courts statewide will close the justice-involved7
veterans support gap by helping eligible veterans with military-8
service-related injuries across the state receive treatment, thereby9
reducing recidivism, enhancing public safety, and helping veterans be10
successful in their communities, all while saving taxpayer money on jail11
and prison beds; and12
(g) Establishing a standardized process to identify veterans at13
department of corrections diagnostic centers is a critical gateway to14
rehabilitation, continuity of care, and public safety, and a failure to15
identify veterans early results in higher correctional costs, increased16
medical and mental health expenditures, and missed opportunities for17
diversion, programming, treatment, and reentry planning.18
SECTION 2. In Colorado Revised Statutes, add 18-1.3-103.8 as19
follows:20
18-1.3-103.8. Justice-involved veterans - eligibility assessment21
- deferred sentencing - discharge and dismissal - data collection and22
evaluation - sentence mitigation - training - legislative declaration -23
definitions.24
(1) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT25
OTHERWISE REQUIRES: 26
(a) "APPLICABLE CONDITION" MEANS SUBSTANCE USE DISORDER,27
SB26-096-3-
MILITARY SEXUAL TRAUMA, TRAUMATIC BRAIN INJURY, POST-TRAUMATIC1
STRESS DISORDER , OR OTHER MENTAL HEALTH CONDITION THAT IS2
RELATED TO AN INDIVIDUAL 'S MILITARY SERVICE IN SOME MANNER ,3
INCLUDING PSYCHOLOGICAL EFFECTS FROM A VETERAN'S TIME IN SERVICE4
OR A PERIOD OF FAMILY SEPARATION RELATED TO DEPLOYMENT.5
(b) "E LIGIBLE OFFENSE " MEANS A FELONY OR MISDEMEANOR6
EXCEPT FOR A FELONY OR MISDEMEANOR THAT IS A CRIME OF VIOLENCE AS7
DESCRIBED IN SECTION 18-1.3-406.8
(c) "V ETERAN" MEANS A PERSON WHO ACTIVELY SERVED OR IS9
SERVING IN THE UNITED STATES ARMED FORCES. "VETERAN" INCLUDES A10
PERSON WHO SERVED OR IS SERVING IN THE NATIONAL GUARD OR AS A11
RESERVIST.12
(2) Eligibility assessment.13
(a) BEFORE BEING SENTENCED, A VETERAN WHO IS CONVICTED OF14
AN ELIGIBLE OFFENSE MAY REQUEST THAT THE COURT CONDUCT AN15
ELIGIBILITY ASSESSMENT TO DETERMINE WHETHER THE DEFENDANT IS16
ELIGIBLE FOR A DEFERRED SENTENCE PURSUANT TO THIS SECTION.17
(b) A DEFENDANT WHO IS A HABITUAL OFFENDER AS DESCRIBED IN18
SECTION 18-1.3-801 IS NOT ELIGIBLE FOR A DEFERRED SENTENCE.19
(c) U PON MAKING AN ELIGIBILITY ASSESSMENT REQUEST , THE20
DEFENDANT MUST RELEASE OR AUTHORIZE ACCESS TO MILITARY SERVICE21
REPORTS AND RECORDS RELATING TO AN ALLEGED APPLICABLE CONDITION22
STEMMING FROM SERVICE IN THE UNITED STATES ARMED FORCES . THE23
COURT SHALL FILE THESE RECORDS AS CONFIDENTIAL, AND THE RECORDS24
MUST REMAIN SEALED PURSUANT TO SECTION 24-72-705 (1)(a). T HE25
DEFENDANT, THROUGH EXISTING RECORDS OR A LICENSED PROFESSIONAL26
EVALUATION, HAS THE BURDEN TO ESTABLISH THE DIAGNOSIS OF THE27
SB26-096-4-
APPLICABLE CONDITION AND THE CONDITION'S CONNECTION TO MILITARY1
SERVICE. THE COURT, ON ITS OWN MOTION OR THE PROSECUTOR'S MOTION2
WITH NOTICE TO DEFENSE COUNSEL , MAY ORDER THE DEFENDANT TO3
FURNISH TO THE COURT FOR IN CAMERA REVIEW AND TO THE PROSECUTOR4
COPIES OF ALL MEDICAL AND MILITARY SERVICE REPORTS AND RECORDS5
PREVIOUSLY OR SUBSEQUENTLY MADE CONCERNING THE DEFENDANT 'S6
CONDITION AND THE CONDITION'S CONNECTION TO MILITARY SERVICE.7
(d) A DEFENDANT IS ELIGIBLE FOR DEFERRED SENTENCING8
PURSUANT TO THIS SECTION IF THE VETERAN DEFENDANT 'S CHARGED9
OFFENSE IS AN ELIGIBLE OFFENSE , THE VETERAN DEFENDANT HAS FILED10
THE REQUIRED DOCUMENTS , THE DEFENDANT IS NOT A HABITUAL11
OFFENDER AS DESCRIBED IN SECTION 18-1.3-801, AND THE COURT12
DETERMINES BY A PREPONDERANCE OF THE EVIDENCE THAT:13
(I) THE DEFENDANT SUFFERS FROM AN APPLICABLE CONDITION;14
(II) THE CONDITION STEMS FROM THE DEFENDANT 'S SERVICE IN15
THE UNITED STATES ARMED FORCES; AND16
(III) T HE OFFENSE WAS COMMITTED AS A RESULT OF THE17
APPLICABLE CONDITION.18
(e) W ITHIN FOURTEEN DAYS AFTER A COURT 'S ELIGIBILITY19
ASSESSMENT FINDING , EITHER PARTY MAY FILE A CHALLENGE AND20
REQUEST A HEARING ON THE DEFENDANT 'S ELIGIBILITY FOR DEFERRED21
SENTENCING.22
(3) Deferred sentencing.23
(a) WHEN A COURT FINDS A DEFENDANT ELIGIBLE FOR DEFERRED24
SENTENCING AND THE DEFENDANT IS FOUND GUILTY AT TRIAL OR UPON A25
PLEA OF GUILTY, THE COURT SHALL:26
(I) DEFER FURTHER PROCEEDINGS AND PLACE A DEFENDANT WHO27
SB26-096-5-
IS ELIGIBLE FOR DEFERRED SENTENCING ON PROBATION ON REASONABLE1
CONDITIONS AND FOR A PERIOD NOT TO EXCEED THE MAXIMUM PERIOD2
PROVIDED BY LAW;3
(II) IMPOSE CONDITIONS THAT INCLUDE TREATMENT , SERVICES,4
REHABILITATION, OR EDUCATION SUFFICIENT SO THAT, IF COMPLETED, THE5
DEFENDANT WOULD BE ELIGIBLE FOR DISCHARGE FROM PROBATION AND6
DISMISSAL OF CHARGES PURSUANT TO THIS SECTION;7
(III) O RDER A MENTAL HEALTH ASSESSMENT CONDUCTED BY A8
LICENSED MENTAL HEALTH PROFESSIONAL; AND9
(IV) O RDER COMPLETION OF A CASE PLAN CREATED BY THE10
PRESIDING JUDGE IN COLLABORATION WITH A VETERANS JUSTICE11
OUTREACH SPECIALIST FROM THE UNITED STATES DEPARTMENT OF12
VETERANS AFFAIRS AND THE PROBATION OFFICER ASSIGNED TO THE CASE13
THAT INCORPORATES THE RECOMMENDATIONS CONTAINED IN THE14
LICENSED MENTAL HEALTH PROFESSIONAL'S ASSESSMENT.15
(b) T HE COURT MAY ORDER A DEFENDANT TO ATTEND A16
TREATMENT PROGRAM AS A CONDITION OF PROBATION FOR A PERIOD UP TO17
THE MAXIMUM ALLOWABLE PERIOD PROVIDED BY LAW.18
(c) IF THE COURT DETERMINES THAT A DEFENDANT IS ELIGIBLE FOR19
A DEFERRED SENTENCE BUT THE DEFENDANT HAS PREVIOUSLY RECEIVED20
A DEFERRED SENTENCE PURSUANT TO THIS SECTION FOR A FELONY21
OFFENSE, THE COURT MAY IMPOSE A DEFERRED SENTENCE OR SENTENCE22
THE DEFENDANT AS OTHERWISE PROVIDED IN LAW.23
(d) IF A DEFENDANT VIOLATES A CONDITION OF THEIR PROBATION,24
THE COURT MAY ENTER AN ADJUDICATION OF GUILT AND PROCEED AS25
OTHERWISE PROVIDED IN LAW.26
(e) I F AVAILABLE , THE DEFENDANT 'S PROBATION MAY BE27
SB26-096-6-
SUPERVISED BY A VETERANS COURT PROGRAM PURSUANT TO SECTION1
18-1.3-202.5. A VETERANS COURT PROGRAM SHALL TIMELY2
COMMUNICATE A DEFENDANT 'S SUCCESSFUL OR UNSUCCESSFUL3
COMPLETION OF THE PROGRAM TO THE COURT OF ORIGINAL JURISDICTION4
FOR FURTHER ACTION.5
(4) Discharge and dismissal.6
(a) U PON THE EXPIRATION OF THE PERIOD OF A DEFENDANT 'S7
PROBATION, THE COURT SHALL HOLD A HEARING TO DISCHARGE THE8
DEFENDANT FROM PROBATION AND DETERMINE WHETHER TO DISMISS THE9
PROCEEDINGS AGAINST A DEFENDANT WHO RECEIVED A DEFERRED10
SENTENCE PURSUANT TO THIS SECTION . THE HEARING MUST BE11
SCHEDULED SO THAT THE PARTIES HAVE ADEQUATE TIME TO PREPARE AND12
PRESENT ARGUMENTS REGARDING THE ISSUE OF DISMISSAL. THE PARTIES13
MAY SUBMIT WRITTEN ARGUMENTS TO THE COURT PRIOR TO THE DATE OF14
THE HEARING AND MAKE ORAL ARGUMENTS BEFORE THE COURT AT THE15
HEARING.16
(b) T HE PROSECUTION SHALL PROVIDE NOTICE TO ANY17
IDENTIFIABLE VICTIM OF THE OFFENSE AT LEAST FOURTEEN DAYS BEFORE18
THE HEARING IS HELD . THE VICTIM MAY SUBMIT AN ORAL OR WRITTEN19
STATEMENT TO THE COURT AT THE TIME OF THE HEARING DESCRIBING THE20
HARM THEY SUFFERED AS A RESULT OF THE CRIME AND THE VICTIM 'S21
RECOMMENDATION ON WHETHER THE DISMISSAL SHOULD BE GRANTED OR22
DENIED. THE JUDGE SHALL CONSIDER THE VICTIM 'S STATEMENT WHEN23
MAKING THE DECISION. IF THE VICTIM NOTIFIES THE PROSECUTOR OF AN24
OBJECTION TO DISMISSAL AND IS NOT PRESENT AT THE HEARING , THE25
PROSECUTOR SHALL MAKE THE VICTIM 'S OBJECTION KNOWN TO THE26
COURT.27
SB26-096-7-
(c) AFTER THE HEARING DESCRIBED IN SUBSECTION (5)(a) OF THIS1
SECTION, THE COURT SHALL DISMISS THE PROCEEDINGS AGAINST THE2
DEFENDANT IF THE COURT FINDS BY A PREPONDERANCE OF THE EVIDENCE3
THAT THE DEFENDANT:4
(I) SUCCESSFULLY COMPLETED PROBATION;5
(II) S UCCESSFULLY COMPLETED COURT -ORDERED TREATMENT ,6
SERVICES, OR EDUCATION TO ADDRESS THE APPLICABLE C ONDITION7
CAUSED BY MILITARY SERVICE;8
(III) DOES NOT REPRESENT A DANGER TO THE HEALTH OR SAFETY9
OF A VICTIM OR OTHERS; AND10
(IV) H AS DEMONSTRATED SIGNIFICANT BENEFIT FROM11
COURT-ORDERED EDUCATION , TREATMENT , OR REHABILITATION TO12
CLEARLY SHOW THAT A DISCHARGE AND DISMISSAL IS IN THE INTERESTS13
OF JUSTICE.14
(d) IN DETERMINING THE INTERESTS OF JUSTICE, THE COURT MAY15
CONSIDER, AMONG OTHER FACTORS, THE FOLLOWING:16
(I) THE DEFENDANT'S COMPLETION AND DEGREE OF PARTICIPATION17
IN EDUCATION , TREATMENT , OR REHABILITATION AS ORDERED BY THE18
COURT;19
(II) THE DEFENDANT'S PROGRESS IN FORMAL EDUCATION;20
(III) THE DEFENDANT'S DEVELOPMENT OF CAREER POTENTIAL;21
(IV) T HE DEFENDANT 'S LEADERSHIP AND PERSONAL22
RESPONSIBILITY EFFORTS;23
(V) COMMUNITY SERVICE COMPLETED BY THE DEFENDANT;24
(VI) THE LEVEL OF HARM TO THE COMMUNITY FROM THE OFFENSE;25
(VII) THE LEVEL OF HARM TO THE VICTIM FROM THE OFFENSE; OR26
(VIII) THE STATEMENT OF THE VICTIM, IF ANY.27
SB26-096-8-
(e) IF THE COURT FINDS THAT THE DEFENDANT DOES NOT QUALIFY1
FOR DISCHARGE AND DISMISSAL PURSUANT TO THIS SECTION, THE COURT2
SHALL ENTER AN ADJUDICATION OF GUILT AND PROCEED AS OTHERWISE3
PROVIDED IN LAW.4
(f) IF THE COURT FINDS THE DEFENDANT QUALIFIES FOR DISMISSAL,5
THE COURT SHALL DISMISS THE CHARGES AGAINST THE DEFENDANT.6
(5) Data collection and evaluation.7
(a) EACH JUDICIAL DISTRICT SHALL TRACK AND REPORT ANNUALLY8
TO THE DIVISION OF CRIMINAL JUSTICE IN THE DEPARTMENT OF PUBLIC9
SAFETY THE NUMBER OF VETERAN DEFENDANTS RECEIVING ,10
SUCCESSFULLY COMPLETING , DECLINING , AND DENIED A VETERAN11
DEFERRED SENTENCE . ALL DATA COLLECTED AND REPORTED MUST BE12
CATEGORIZED BY RACE, ETHNICITY, GENDER, AGE, MILITARY DISCHARGE13
CHARACTERIZATION, AND OFFENSE TYPE.14
(b) T HE DIVISION OF CRIMINAL JUSTICE IN THE DEPARTMENT OF15
PUBLIC SAFETY SHALL DEVELOP AND IMPLEMENT A PLAN FOR TRACKING16
OUTCOMES AMONG VETERANS WHO RECEIVE A VETERAN -DEFERRED17
SENTENCE, INCLUDING RECIDIVISM, HOUSING STATUS, AND EMPLOYMENT18
STATUS.19
(c) THE DIVISION OF CRIMINAL JUSTICE IN THE DEPARTMENT OF20
PUBLIC SAFETY SHALL DEVELOP A PLAN FOR OUTGOING EVALUATIONS BY21
VETERAN DEFENDANTS WHO RECEIVED A VETERAN-DEFERRED SENTENCE.22
(6) Sentencing mitigation.23
(a) AT ARRAIGNMENT, THE COURT SHALL NOTIFY A DEFENDANT24
THAT VETERAN STATUS MAY HAVE MITIGATION VALUE IN SENTENCING.25
(b) BEFORE SENTENCING, THE COURT SHALL OFFER A DEFENDANT26
THE ABILITY TO COMMUNICATE THEIR VETERAN STATUS THROUGH27
SB26-096-9-
COUNSEL OR BY OTHER MEANS , AVOIDING THE NEED FOR1
SELF-IDENTIFICATION OF VETERAN STATUS IN OPEN COURT . IF A2
DEFENDANT COMMUNICATES THEIR VETERAN STATUS TO THE COURT PRIOR3
TO SENTENCING AND THE DEFENDANT 'S CONVICTION IS A MISDEMEANOR4
OR FELONY OTHER T HAN A CLASS 1 FELONY OR AN OFFENSE THAT5
REQUIRES SEX OFFENDER REGISTRATION PURSUANT TO SECTION6
16-22-103, THE COURT SHALL CONSIDER THE DEFENDANT 'S VETERAN7
STATUS AS A MITIGATING FACTOR WHEN DETERMINING THE DEFENDANT'S8
SENTENCE.9
(c) BEFORE SENTENCING, A VETERAN DEFENDANT MAY PRESENT10
PROOF TO THE COURT THAT THE DEFENDANT HAS, SINCE THE COMMISSION11
OF THE OFFENSE, ENGAGED IN SUBSTANTIAL REHABILITATIVE EFFORTS.12
(d) IF PROVIDED, THE COURT SHALL CONSIDER INDIVIDUAL MERIT13
EARNED DURING SERVICE , OVERSEAS DEPLOYMENT , EXPOSURE TO14
DANGER, AND SERVICE -CONNECTED DISABILITY RATINGS WHEN15
DETERMINING A VETERAN DEFENDANT'S SENTENCE. WHEN CONSIDERING16
MULTIPLE FACTORS , THE COURT SHALL GIVE ADDITIONAL CREDIT FOR17
EACH FACTOR. VETERAN STATUS SHALL NOT BE USED AS AN AGGREGATING18
FACTOR IN SENTENCING DECISIONS BY THE COURT . THE COURT SHALL19
CONSIDER VETERAN STATUS IN ADDITION TO ANY OTHER EXISTING20
MITIGATION FACTOR PROVIDED FOR MENTAL HEALTH CONDITIONS . THE21
COURT SHALL NOT TREAT OTHER TRAUMA SUFFERED BY A VETERAN AS A22
DENIAL OF THE EXISTENCE OF MILITARY TRAUMA.23
(7) Training. LAW ENFORCEMENT, COURTS, AND CORRECTIONS24
PERSONNEL SHALL TRAIN ALL THEIR EMPLOYEES ON VETERAN25
INVOLVEMENT WITH THE CRIMINAL -JUSTICE SYSTEM AND VETERAN26
EXPOSURE TO VIOLENCE AND TRAUMA. TRAINING MUST INCLUDE TRAINING27
SB26-096-10-
ON MILITARY SEXUAL TRAUMA.1
SECTION 3. In Colorado Revised Statutes, 17-40-101, add (5)2
as follows:3
17-40-101. Definitions.4
As used in this article 40, unless the context otherwise requires:5
(5) "VETERAN" MEANS A PERSON WHO ACTIVELY SERVED IN THE6
UNITED STATES ARMED FORCES AND WHO WAS DISCHARGED OR RELEASED7
UNDER CONDITIONS OTHER THAN DISHONORABLE, IN ACCORDANCE WITH8
U.S.C. TITLE 38, AS AMENDED. "VETERAN" INCLUDES A PERSON SERVING9
OR WHO SERVED IN THE NATIONAL GUARD OR AS A RESERVIST.10
SECTION 4. In Colorado Revised Statutes, 17-40-103, amend11
(1) introductory portion as follows:12
17-40-103. Examination of offenders - report.13
(1) As soon as possible after July 1, 1974, Each offender entering14
the diagnostic center shall MUST receive appropriate diagnostic services,15
and each offender's treatment and employment needs shall be identified.16
Information provided pursuant to section SECTIONS 17-40-103.5 AND17
17-40-104 shall be considered in structuring the rehabilitation program.18
An offender shall be assigned to the assessment program for a period not19
to exceed sixty days; except that an offender may be held for an20
additional thirty days upon approval of the executive director. Upon21
completion of the recommended rehabilitation report, it shall be22
transmitted by the superintendent THE SUPERINTENDENT SHALL TRANSMIT23
THE REPORT to the executive director, who, within fifteen days, shall24
cause the offender to be:25
SECTION 5. In Colorado Revised Statutes, add 17-40-103.5 as26
follows:27
SB26-096-11-
17-40-103.5. Veteran identification process - veteran1
placement, programming, and services - report.2
(1) THE DEPARTMENT SHALL CREATE A STANDARDIZED PROCESS3
TO IDENTIFY WHICH OFFENDERS ARE VETERANS . THE STANDARDIZED4
VETERAN IDENTIFICATION PROCESS MAY INCLUDE:5
(a) DIRECT INTAKE QUESTIONING;6
(b) DATA VERIFICATION WITH THE COLORADO DEPARTMENT OF7
MILITARY AND VETERANS AFFAIRS AND VETERANS JUSTICE OUTREACH IN8
THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS; OR9
(c) OFFENDER MILITARY DOCUMENT REVIEW.10
(2) T HE DEPARTMENT SHALL IMPLEMENT IN EACH DIAGNOSTIC11
CENTER OPERATED BY THE DEPARTMENT THE STANDARDIZED VETERAN12
IDENTIFICATION PROCESS THAT ALL OFFENDERS MUST PARTAKE IN WHILE13
RECEIVING DIAGNOSTIC SERVICES.14
(3) THE DEPARTMENT SHALL DESIGNATE VETERAN OFFENDERS AS15
VETERANS IN THEIR RECOMMENDED REHABILITATION REPORT.16
(4) THE DEPARTMENT SHALL INCLUDE VETERAN-SPECIFIC SERVICES17
IN VETERAN-OFFENDER-RECOMMENDED REHABILITATION REPORTS THAT18
MAY INCLUDE VETERANS JUSTICE OUTREACH , TREATMENT AT A UNITED19
STATES DEPARTMENT OF VETERANS AFFAIRS FACILITY, MENTAL HEALTH20
SERVICES, SUBSTANCE USE TREATMENT, AND REENTRY PLANNING.21
(5) W HEN APPROPRIATE , VETERAN OFFENDERS MUST BE22
CONSIDERED FOR CORRECTIONAL FACILITY PLACEMENT IN DESIGNATED23
VETERAN HOUSING UNITS OR VETERAN-FOCUSED PROGRAMMING.24
(6) BEGINNING IN JANUARY 2028, AND IN JANUARY EVERY YEAR25
THEREAFTER, THE DEPARTMENT SHALL INCLUDE , AS PART OF ITS26
PRESENTATION DURING ITS "SMART ACT" HEARING REQUIRED BY27
SB26-096-12-
SECTION 2-7-203, INFORMATION CONCERNING THE NUMBER OF IDENTIFIED1
INCARCERATED VETERANS , PARTICIPATION RATES IN CORRECTIONAL2
FACILITY VETERAN HOUSING UNITS AND VETERAN SERVICES , AND3
RECIDIVISM RATES FOR VETERAN OFFENDERS.4
SECTION 6. In Colorado Revised Statutes, 24-72-705, amend5
(1)(a)(III) and (1)(a)(IV); and add (1)(a)(V) as follows:6
24-72-705. Sealing criminal justice records other than7
convictions - simplified process - applicability.8
(1) (a) On its own motion, the court shall order the defendant's9
criminal justice records sealed when:10
(III) The defendant completes a diversion agreement pursuant to11
section 18-1.3-101 when a criminal case has been filed; or12
(IV) The defendant completes a deferred judgment and sentence13
pursuant to section 18-1.3-102 and all counts are dismissed; OR14
(V) T HE DEFENDANT COMPLETES A DEFERRED SENTENCE15
PURSUANT TO SECTION 18-1.3-103.8 AND ALL COUNTS ARE DISMISSED.16
SECTION 7. Act subject to petition - effective date -17
applicability. (1) This act takes effect at 12:01 a.m. on the day following18
the expiration of the ninety-day period after final adjournment of the19
general assembly (August 12, 2026, if adjournment sine die is on May 13,20
2026); except that, if a referendum petition is filed pursuant to section 121
(3) of article V of the state constitution against this act or an item, section,22
or part of this act within such period, then the act, item, section, or part23
will not take effect unless approved by the people at the general election24
to be held in November 2026 and, in such case, will take effect on the25
date of the official declaration of the vote thereon by the governor.26
SB26-096-13-
(2) This act applies to cases in which charges are filed on or after1
the applicable effective date of this act.2
SB26-096-14-