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SB26-115 • 2026

Post-Conviction Relief for Certain Offenders

The act sets forth a process for a person in prison to petition within the next 3 years for resentencing and for a court to impose a new sentence if the petitioner is 60 years old or older at the time

Budget Children Crime Taxes
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Sen. J. Gonzales, Sen. M. Weissman, Rep. J. Bacon, Rep. J. Mabrey, Sen. J. Amabile, Sen. A. Benavidez, Sen. J. Coleman, Sen. L. Cutter, Sen. I. Jodeh, Sen. C. Kipp, Sen. R. Rodriguez, Sen. K. Wallace, Rep. S. Camacho, Rep. M. Carter, Rep. R. English, Rep. C. Espenoza, Rep. L. García, Rep. J. Jackson, Rep. M. Lindsay, Rep. K. Nguyen, Rep. T. Story, Rep. Y. Zokaie
Last action
2026-06-03
Official status
Governor Signed
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Post-Conviction Relief for Certain Offenders

The act sets forth a process for a person in prison to petition within the next 3 years for resentencing and for a court to impose a new sentence if the petitioner is 60 years old or older at the time of filing the petition and has served at least 20 calendar years incarcerated for the offense.

What This Bill Does

  • The act sets forth a process for a person in prison to petition within the next 3 years for resentencing and for a court to impose a new sentence if the petitioner is 60 years old or older at the time of filing the petition and has served at least 20 calendar years incarcerated for the offense.
  • A person is not eligible to petition if the person is incarcerated as a result of conviction for a sex offense, human trafficking, an offense that resulted in a sentence to life imprisonment without the possibility of parole, an offense for which the victim was a child younger than 12 years old, or an offense against a first responder engaged in the performance of their duties.
  • At the hearing on the petition, the petitioner has the burden to show by a preponderance of the evidence that the petitioner no longer presents an identifiable danger to the safety of any person or the community and that there is good cause for the court to modify the sentence.
  • Upon the court finding that the petitioner has met their burden, the petitioner is permitted to file a motion for reconsideration and reduction of the initial sentence pursuant to the Colorado rules of criminal procedure.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

H.001

Committee of the Whole

Lost

Plain English: AMENDMENT TO REPORT OF THE COMMITTEE OF THE WHOLE SB115_H.001 DATE 5/8/2026 Representative Flanell moved to amend the Report of the Committee of the Whole to reverse the action taken by the Committee in not adopting the following Soper amendment, (L.017) to SB26-115, to show that said amendment passed and that SB26-115, as amended, passed.

  • AMENDMENT TO REPORT OF THE COMMITTEE OF THE WHOLE SB115_H.001 DATE 5/8/2026 Representative Flanell moved to amend the Report of the Committee of the Whole to reverse the action taken by the Committee in not adopting the following Soper amendment, (L.017) to SB26-115, to show that said amendment passed and that SB26-115, as amended, passed.
  • Amend reengrossed bill, page 4, line 13, strike "OR".
  • Page 4, line 16, strike "DUTIES." and substitute "DUTIES; OR "(f) AN OFFENSE THE UNDERLYING FACTUAL BASIS OF WHICH HAS BEEN FOUND BY A COURT TO INCLUDE AN ACT OF DOMESTIC VIOLENCE, AS DEFINED IN SECTION 18-6-800.3.".
  • ** *** ** *** **
J.004

HOU Appropriations

Passed [*]

Plain English: SB115_J.004 HOUSE COMMITTEE OF REFERENCE AMENDMENT Committee on Appropriations.

  • SB115_J.004 HOUSE COMMITTEE OF REFERENCE AMENDMENT Committee on Appropriations.
  • SB26-115 be amended as follows: 1 Amend reengrossed bill, page 10, line 7, strike "$50,240" and substitute 2 "$50,840".
  • 3 Page 10, line 13, strike "$7,640" and substitute "$8,240".
  • ** *** ** *** ** JBC: Justin Brakke x4958
L.011

HOU Judiciary

Passed [*]

Plain English: SB115_L.011 HOUSE COMMITTEE OF REFERENCE AMENDMENT Committee on Judiciary.

  • SB115_L.011 HOUSE COMMITTEE OF REFERENCE AMENDMENT Committee on Judiciary.
  • SB26-115 be amended as follows: 1 Amend reengrossed bill, page 4, line 2, strike "OFFENSES, UNLESS THE 2 PROSECUTION AGREES" and substitute "OFFENSES:".
  • 3 Page 4, strike lines 3 through 5.
  • 4 Page 5, line 21, strike "(a)".
L.002

SEN Appropriations

Passed [*]

Plain English: SB115_L.002 SENATE COMMITTEE OF REFERENCE AMENDMENT Committee on Appropriations.

  • SB115_L.002 SENATE COMMITTEE OF REFERENCE AMENDMENT Committee on Appropriations.
  • SB26-115 be amended as follows: 1 Amend printed bill, page 2, strike lines 16 and 17.
  • 2 Page 3, strike lines 1 through 6.
  • 3 Reletter succeeding paragraphs accordingly.
L.001

SEN Judiciary

Passed [*]

Plain English: SB115_L.001 SENATE COMMITTEE OF REFERENCE AMENDMENT Committee on Judiciary.

  • SB115_L.001 SENATE COMMITTEE OF REFERENCE AMENDMENT Committee on Judiciary.
  • SB26-115 be amended as follows: 1 Amend printed bill, page 4, after line 15, insert: 2 (b) HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE 3 PURSUANT TO SECTION 18-3-503 OR HUMAN TRAFFICKING FOR SEXUAL 4 SERVITUDE PURSUANT TO SECTION 18-3-504;".
  • 5 Reletter succeeding paragraphs accordingly.
  • 6 Page 8, line 16, strike "SECTION," and substitute "SECTION AND 7 NOTWITHSTANDING ANY OTHER PROVISION OF LAW,".
L.004

Second Reading

Lost [**]

Plain English: SB115_L.004 Amendment No.

  • SB115_L.004 Amendment No.
  • ___________ SB26-115 SENATE FLOOR AMENDMENT Second Reading BY SENATOR Carson 1 Amend printed bill, page 4, line 4, strike "SIXTY YEARS OLD" and 2 substitute "SIXTY-FIVE YEARS OLD".
  • ** *** ** *** ** LLS: Conrad Imel x2313
L.005

Second Reading

Lost [**]

Plain English: SB115_L.005 Amendment No.

  • SB115_L.005 Amendment No.
  • ___________ SB26-115 SENATE FLOOR AMENDMENT Second Reading BY SENATOR Carson 1 Amend printed bill, page 4, line 19, strike "TWELVE YEARS OLD;" and 2 substitute "EIGHTEEN YEARS OLD;".
  • ** *** ** *** ** LLS: Conrad Imel x2313
L.007

Second Reading

Lost [**]

Plain English: SB115_L.007 Amendment No.

  • SB115_L.007 Amendment No.
  • ___________ SB26-115 SENATE FLOOR AMENDMENT Second Reading BY SENATOR Carson 1 Amend printed bill, page 6, line 1, strike "A PREPONDERANCE OF THE 2 EVIDENCE," and substitute "CLEAR AND CONVINCING EVIDENCE,".
  • ** *** ** *** ** LLS: Conrad Imel x2313
L.009

Second Reading

Passed [**]

Plain English: SB115_L.009 Amendment No.

  • SB115_L.009 Amendment No.
  • ___________ SB26-115 SENATE FLOOR AMENDMENT Second Reading BY SENATOR Weissman 1 Amend printed bill, page 3, line 24, after "COURT" insert "ON OR BEFORE 2 THREE YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION".
  • ** *** ** *** ** LLS: Conrad Imel x2313
L.013

Second Reading

Passed [**]

Plain English: SB115_L.013 Amendment No.

  • SB115_L.013 Amendment No.
  • ___________ SB26-115 HOUSE FLOOR AMENDMENT Second Reading BY REPRESENTATIVE Bacon 1 Amend reengrossed bill, page 8, line 10, strike "(1)(a) OR (1)(b)" and 2 substitute "(1)".
  • ** *** ** *** ** LLS: Conrad Imel x2313
L.015

Second Reading

Lost [**]

Plain English: SB115_L.015 Amendment No.

  • SB115_L.015 Amendment No.
  • ___________ SB26-115 HOUSE FLOOR AMENDMENT Second Reading BY REPRESENTATIVE Soper 1 Amend the Judiciary Committee Report, dated May 8, 2026, page 1, line 2 2, strike ""OFFENSES:"." and substitute "OFFENSES OR CIRCUMSTANCES 3 DESCRIBED BELOW:".
  • 4 Amend reengrossed bill, page 4, line 13, strike "OR".
  • 5 Page 4 of the bill, line 16, strike "DUTIES." and substitute "DUTIES; OR 6 "(f) A CASE IN WHICH THE INDIVIDUAL WAS SENTENCED PURSUANT 7 TO A PLEA AGREEMENT.".
L.016

Second Reading

Lost [**]

Plain English: SB115_L.016 Amendment No.

  • SB115_L.016 Amendment No.
  • ___________ SB26-115 HOUSE FLOOR AMENDMENT Second Reading BY REPRESENTATIVE Soper 1 Amend reengrossed bill, page 4, after line 16, insert: 2 "(2.5) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (1) OF 3 THIS SECTION, AN INDIVIDUAL IS NOT ELIGIBLE FOR POST-CONVICTION 4 RELIEF PURSUANT TO THIS SECTION AND SHALL NOT FILE A PETITION WITH 5 THE COURT UNTIL AND UNLESS THE INDIVIDUAL HAS EXHAUSTED ALL 6 REMEDIES AVAILABLE THROUGH POST-CONVICTION APPEALS, 7 ADMINISTRATIVE RESENTENCING OR OTHER DEPARTMENTAL PROCESSES, 8 COLLATERAL ATTACK, COMMUTATION, PARDON, OR ANY OTHER LEGAL 9 REMEDIES AVAILABLE AT LAW.".
  • ** *** ** *** ** LLS: Conrad Imel x2313
L.017

Second Reading

Lost [**]

Plain English: SB115_L.017 Amendment No.

  • SB115_L.017 Amendment No.
  • ___________ SB26-115 HOUSE FLOOR AMENDMENT Second Reading BY REPRESENTATIVE Soper 1 Amend reengrossed bill, page 4, line 13, strike "OR".
  • 2 Page 4, line 16, strike "DUTIES." and substitute "DUTIES; OR 3 "(f) AN OFFENSE THE UNDERLYING FACTUAL BASIS OF WHICH HAS 4 BEEN FOUND BY A COURT TO INCLUDE AN ACT OF DOMESTIC VIOLENCE, AS 5 DEFINED IN SECTION 18-6-800.3.".
  • ** *** ** *** ** LLS: Conrad Imel x2313
L.019

Second Reading

Lost [**]

Plain English: SB115_L.019 Amendment No.

  • SB115_L.019 Amendment No.
  • ___________ SB26-115 HOUSE FLOOR AMENDMENT Second Reading BY REPRESENTATIVE Soper 1 Amend reengrossed bill, page 4, line 13, strike "OR".
  • 2 Page 4, line 16, strike "DUTIES." and substitute "DUTIES; OR 3 "(f) A CRIME OF VIOLENCE, AS DEFINED IN SECTION 18-1.3-406.".
  • ** *** ** *** ** LLS: Conrad Imel x2313
L.021

Second Reading

Passed [**]

Plain English: SB115_L.021 Amendment No.

  • SB115_L.021 Amendment No.
  • ___________ SB26-115 HOUSE FLOOR AMENDMENT Second Reading BY REPRESENTATIVE Soper 1 Amend reengrossed bill, page 7, line 11, strike "AND".
  • 2 Page 7, after line 11, insert: 3 "(j) WHETHER THE DEFENDANT HAS COMPLIED WITH CRIMINAL OR 4 CIVIL PROTECTION ORDERS; AND".
  • 5 Reletter succeeding subparagraph accordingly.
L.024

Second Reading

Passed [**]

Plain English: SB115_L.024 Amendment No.

  • SB115_L.024 Amendment No.
  • ___________ SB26-115 HOUSE FLOOR AMENDMENT Second Reading BY REPRESENTATIVE Soper 1 Amend reengrossed bill, page 10, strike lines 1 through 5, and substitute: 2 "SECTION 2-7-203, SUBJECT TO THE AVAILABILITY OF THE INFORMATION, 3 THE FOLLOWING: 4 (a) THE NUMBER OF PETITIONS FILED PURSUANT TO THIS SECTION; 5 (b) THE NUMBER OF HEARINGS SET PURSUANT TO SUBSECTION (5) 6 OF THIS SECTION; 7 (c) THE NUMBER OF SENTENCES DETERMINED AND IMPOSED 8 PURSUANT TO SUBSECTION (10) OF THIS SECTION; 9 (d) THE AVERAGE HOURLY LENGTH OF THE HEARINGS HELD 10 PURSUANT TO SUBSECTION (5) OF THIS SECTION; 11 (e) WHETHER VICTIM INPUT WAS PROVIDED IN CONSIDERATION OF 12 EACH MATTER FILED PURSUANT TO THIS SECTION; AND 13 (f) FOR EACH CASE IN WHICH THE COURT GRANTED A PETITION 14 PURSUANT TO THIS SECTION, THE UNDERLYING OFFENSE AND THE RISK 15 LEVEL OF THE PETITIONER AS DETERMINED BY A RISK ASSESSMENT 16 COMPLETED PURSUANT TO SUBSECTION (12) OF THIS SECTION, WHETHER 17 VICTIMS CHOSE TO PARTICIPATE IN THE EVIDENTIARY HEARING, WHETHER 18 THE PROSECUTOR WAS ABLE TO LOCATE ANY VICTIMS, WHETHER THE 19 ORIGINAL SENTENCE WAS THE RESULT OF A PLEA AGREEMENT OR A JURY 20 VERDICT AND COURT-IMPOSED SENTENCE, AND HOW MANY MONTHS WERE 21 REMAINING ON THE ORIGINAL SENTENCE.".
  • ** *** ** *** ** LLS: Conrad Imel x2313
L.010

Third Reading

Passed

Plain English: SB115_L.010 Amendment No.

  • SB115_L.010 Amendment No.
  • ___________ SB26-115 SENATE FLOOR AMENDMENT Third Reading BY SENATOR Weissman 1 Amend engrossed bill, page 3, line 18, strike "MAY" and substitute "MAY, 2 ON OR BEFORE THREE YEARS AFTER THE EFFECTIVE DATE OF THIS 3 SECTION,".
  • 4 Page 3, lines 18 and 19, strike "ON OR BEFORE THREE YEARS AFTER THE 5 EFFECTIVE DATE OF THIS SECTION".
  • ** *** ** *** ** LLS: Conrad Imel x2313
L.025

Third Reading

Passed

Plain English: SB115_L.025 Amendment No.

  • SB115_L.025 Amendment No.
  • ___________ SB26-115 HOUSE FLOOR AMENDMENT Third Reading BY REPRESENTATIVE Soper 1 Amend revised bill, page 5, line 13, after the period add "AFTER A 2 DEFENDANT HAS HAD AN EVIDENTIARY HEARING ON THE MERITS 3 PURSUANT TO THIS SECTION, THE DEFENDANT SHALL NOT FILE A 4 SUBSEQUENT PETITION PURSUANT TO THIS SECTION.".
  • ** *** ** *** ** LLS: Conrad Imel x2313

Bill History

  1. 2026-06-03 Governor

    Governor Signed

  2. 2026-05-22 Governor

    Sent to the Governor

  3. 2026-05-22 House

    Signed by the Speaker of the House

  4. 2026-05-22 Senate

    Signed by the President of the Senate

  5. 2026-05-13 Senate

    Senate Considered House Amendments - Result was to Concur - Repass

  6. 2026-05-09 House

    House Third Reading Passed with Amendments - Floor

  7. 2026-05-08 House

    House Second Reading Special Order - Passed with Amendments - Committee, Floor

  8. 2026-05-08 House

    House Committee on Appropriations Refer Amended to House Committee of the Whole

  9. 2026-05-08 House

    House Committee on Judiciary Refer Amended to Appropriations

  10. 2026-05-05 House

    Introduced In House - Assigned to Judiciary

  11. 2026-05-05 Senate

    Senate Third Reading Passed with Amendments - Floor

  12. 2026-05-04 Senate

    Senate Second Reading Passed with Amendments - Committee, Floor

  13. 2026-05-01 Senate

    Senate Second Reading Laid Over to 05/04/2026 - No Amendments

  14. 2026-04-30 Senate

    Senate Second Reading Laid Over Daily - No Amendments

  15. 2026-04-28 Senate

    Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole

  16. 2026-02-25 Senate

    Senate Committee on Judiciary Refer Amended to Appropriations

  17. 2026-02-17 Senate

    Introduced In Senate - Assigned to Judiciary

Official Summary Text

The act sets forth a process for a person in prison to petition within the next 3 years for resentencing and for a court to impose a new sentence if the petitioner is 60 years old or older at the time of filing the petition and has served at least 20 calendar years incarcerated for the offense. A person is not eligible to petition if the person is incarcerated as a result of conviction for a sex offense, human trafficking, an offense that resulted in a sentence to life imprisonment without the possibility of parole, an offense for which the victim was a child younger than 12 years old, or an offense against a first responder engaged in the performance of their duties.
At the hearing on the petition, the petitioner has the burden to show by a preponderance of the evidence that the petitioner no longer presents an identifiable danger to the safety of any person or the community and that there is good cause for the court to modify the sentence. Upon the court finding that the petitioner has met their burden, the petitioner is permitted to file a motion for reconsideration and reduction of the initial sentence pursuant to the Colorado rules of criminal procedure. At the hearing on the motion, the court shall determine and impose the appropriate sentence.
If a person in prison is not eligible for resentencing pursuant to the act, the district attorney's office that prosecuted the offense resulting in the conviction may petition the court requesting that the court grant post-conviction relief. If the district attorney's office petitions the court, the same procedures apply as if an eligible person petitioned.
The act appropriates $50,840 to the judicial department for use by the public defender and $50,326 to the department of corrections for use by community services, and reduces the appropriation in the annual general appropriation act for the 2026-27 state fiscal year to the department of corrections for payments to local jails by $168,980.
(Note: This summary applies to this bill as enacted.)