Post-Conviction Relief for Certain Offenders

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

LLS NO. 26-0750.01 Conrad Imel x2313 SENATE BILL 26-115
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
CONCERNING POST -CONVICTION RELIEF FOR CERTAIN OFFENDERS101
SENTENCED TO IMPRISONMENT.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 sets forth a process for a person in prison to petition for
resentencing and for a court to impose a new sentence if:
! The offense resulting in the conviction was committed
when the petitioner was younger than 21 years old and the
petitioner has served at least 20 calendar years incarcerated
for the offense; or
SENATE SPONSORSHIP
Gonzales J. and Weissman,
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 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.
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. Certain offenses require that the prosecution agree that the
interests of justice would be served by departure from the sentence
initially imposed.
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.
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) It is the respons ibility of th e general assembly to establish4
penalties for crimes, which often require long incarceration sentences to5
punish and incapacitate persons convicted of serious offenses;6
(b) While long sentences are appropriate and necessary in certain7
cases, providing the opportunity for individuals in lower-risk populations8
to be considered for sentence reduction based on demonstrated9
rehabilitation after they have served decades in prison incentivizes10
positive behavior and is consistent with public safety;11
(c) Very lengthy sentences present significant public policy issues12
that the general assembly must consider, including the ability of the state13
to meet its constitutional requirement to provide medical care to the14
incarcerated population and the fiscal cost of the state prison system;15
(d) Persons sentenced while under the age of 21 who have served16
more than 20 years in prison shoul d be given the opportunity for a17
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reconsideration of sentence in light of recent research that demonstrates1
that the brain functioning that guides and aids rational decision-making2
does not fully develop until a person is in their mid- to late twenties, and3
the commission of a serious offense as a child or young adult is not4
predictive of whether the individual will pose a risk to public safety when5
the individual is 40 years old or older;6
(e) Persons who are over 60 years old and have been incarcerated7
for more than 20 years present a significantly low risk to public safety and8
disproportionately account for medical expenses and care utilization9
within the prison system;10
(f) The interests of justice are best served by providing to persons11
incarcerated while in their youth and to persons who have aged out of risk12
to public safety the due process to have their sentences reconsidered if13
they can provide evidence of their rehabilitation; and14
(g) Providing the person incarcerated, the prosecution, and any15
victims of the crime the opportunity to be heard at a single public hearing16
ensures a fair and transparent deliberative process and recognizes that17
hope and change have a place in our criminal legal system.18
SECTION 2. In Colorado Revised Statutes, add 18-1.3-411 as19
follows:20
18-1.3-411. Post-conviction relief - sentence reconsideration -21
offenses committed as a youth - offenders sixty years old or older.22
(1) AN INDIVIDUAL SERVING A SENTENCE IN THE DEPARTMENT OF23
CORRECTIONS MAY FILE A PETITION WITH THE COURT WHERE THE24
CONVICTION WAS OBTAINED REQUESTING POST-CONVICTION RELIEF FROM25
THE TERMS OF THE SENTENCE IF:26
(a) THE OFFENSE RESULTING IN THE CONVICTION WAS COMMITTED27
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WHEN THE PETITIONER WAS YOUNGER THAN TWENTY-ONE YEARS OLD AND1
THE PETITIONER HAS SERVED AT LEAST TWENTY CALENDAR YEARS2
INCARCERATED FOR THE OFFENSE; OR3
(b) THE PETITIONER IS SIXTY YEARS OLD OR OLDER AT THE TIME OF4
FILING THE PETITION AND HAS SERVED AT LEAST TWENTY CALENDAR5
YEARS INCARCERATED FOR THE OFFENSE RESULTING IN THE CONVICTION.6
(2) N OTWITHSTANDING THE PROVISIONS OF SUBSECTION (1) OF7
THIS SECTION , AN INDIVIDUAL IS NOT ELIGIBLE FOR POST -CONVICTION8
RELIEF PURSUANT TO THIS SECTION IF THE INDIVIDUAL IS IN THE CUSTODY9
OF THE DEPARTMENT OF CORRECTIONS AS THE RESULT OF CONVICTION FOR10
ONE OF THE FOLLOWING OFFENSES , UNLESS THE PROSECUTION AGREES11
THAT THE INTERESTS OF JUSTICE WOULD BE SERVED BY GRANTING12
POST-CONVICTION RELIEF FROM THE TERMS OF THE SENTENCE AND THE13
RELIEF IS CONSISTENT WITH THE INTERESTS OF PUBLIC SAFETY:14
(a) A SEX OFFENSE DESCRIBED IN SECTION 16-11.7-102 (3);15
(b) A N OFFENSE THAT RESULTED IN A SENTENCE TO LIFE16
IMPRISONMENT WITHOUT THE POSSIBILITY OF PAROLE;17
(c) AN OFFENSE FOR WHICH THE VICTIM WAS A CHILD YOUNGER18
THAN TWELVE YEARS OLD; OR19
(d) AN OFFENSE AGAINST A PEACE OFFICER, EMERGENCY MEDICAL20
SERVICE PROVIDER , EMERGENCY MEDICAL CARE PROVIDER , OR21
FIREFIGHTER ENGAGED IN THE PERFORMANCE OF THEIR DUTIES.22
(3) (a) T HE PETITIONER HAS A RIGHT TO COUNSEL FOR ALL23
PROCEEDINGS ARISING FROM A PETITION FILED PURSUANT TO THIS24
SECTION. UPON RECEIPT OF A PRO SE PETITION REQUESTING25
POST-CONVICTION RELIEF, THE COURT SHALL APPOINT COUNSEL FROM THE26
OFFICE OF STATE PUBLIC DEFENDER TO REPRESENT THE PETITIONER. IF THE27
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OFFICE OF PUBLIC DEFENDER NOTIFIES THE COURT OF A CONFLICT OF1
INTEREST, THE COURT SHALL APPOINT THE OFFICE OF ALTERNATE DEFENSE2
COUNSEL TO REPRESENT THE PETITIONER.3
(b) THE COURT SHALL GIVE COUNSEL APPOINTED IN ACCORDANCE4
WITH THIS SUBSECTION (3) THE OPPORTUNITY TO AMEND, SUPPLEMENT, OR5
OTHERWISE FILE DOCUMENTS SUPPORTING THE PETITION . WITHIN ONE6
HUNDRED EIGHTY DAYS AFTER THE APPOINTMENT , APPOINTED COUNSEL7
SHALL, AFTER REVIEW OF THE FACTS AND EVIDENCE SUPPORTING THE8
PETITION, ADVISE THE COURT IN WRITING WHETHER THE PETITIONER9
WISHES TO PROCEED TO AN EVIDENTIARY HEARING ON THE PETITION OR10
WITHDRAW THE PETITION AND REFILE THE PETITION AT A LATER DATE ,11
SUBJECT TO THE LIMITATION DESCRIBED IN SUBSECTION (5)(b) OF THIS12
SECTION.13
(4) IF THE PETITIONER REQUESTS A HEARING ON A PETITION FOR14
POST-CONVICTION RELIEF FILED PURSUANT TO THIS SECTION, THE COURT15
SHALL GRANT THE DISTRICT ATTORNEY TIME TO RESPOND IN WRITING TO16
THE PETITION.17
(5) (a) A FTER RECEIPT OF THE DISTRICT ATTORNEY 'S RESPONSE18
FILED PURSUANT TO SUBSECTION (4) OF THIS SECTION, THE COURT SHALL,19
AS SOON AS PRACTICABLE, SET A HEARING ON THE PETITION.20
(b) A DEFENDANT IS ENTITLED TO ONLY ONE EVIDENTIARY21
HEARING ON THE MERITS PURSUANT TO THIS SECTION.22
(6) THE DISTRICT ATTORNEY SHALL NOTIFY THE VICTIM OF ANY23
OFFENSE IN ACCORDANCE WITH THE "VICTIM RIGHTS ACT", PART 3 OF24
ARTICLE 4.1 OF TITLE 24, AND THE COURT SHALL PROVIDE THE VICTIM AN25
OPPORTUNITY TO BE HEARD AT THE HEARING.26
(7) (a) A T THE HEARING ON THE PETITION , THE PETITIONER HAS27
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THE BURDEN TO SHOW, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE1
PETITIONER NO LONGER PRESENTS A DANGER TO THE SAFETY OF ANY2
PERSON OR THE COMMUNITY AND THAT THERE IS GOOD CAUSE FOR THE3
COURT TO MODIFY THE PETITIONER'S SENTENCE. THE COURT MAY ACCEPT4
ANY STIPULATION OF THE PARTIES THAT THE PETITIONER HAS MET THEIR5
BURDEN AS DESCRIBED IN THIS SUBSECTION (7)(a) IF THE COURT6
DETERMINES THAT THE STIPULATION IS SUPPORTED BY THE EVIDENCE AS7
AGREED TO BY THE PARTIES.8
(b) I N ORDER FOR THE COURT TO GRANT THE PETITION IF THE9
PETITIONER WAS CONVICTED OF AN OFFENSE DESCRIBED IN SUBSECTION (2)10
OF THIS SECTION, THE PROSECUTION MUST AGREE THAT THE INTERESTS OF11
JUSTICE WOULD BE SERVED BY DEPARTURE FROM THE SENTENCE INITIALLY12
IMPOSED.13
(8) A T THE HEARING ON THE PETITION , THE COURT SHALL14
CONSIDER THE FOLLOWING FACTORS RELATED TO THE PETITIONER AND15
THE OFFENSE THAT IS THE SUBJECT OF THE PETITION AND ADMIT ANY16
EVIDENCE RELEVANT TO ANY OF THE FACTORS:17
(a) THE PETITIONER'S AGE AT THE TIME OF THE OFFENSE AND THE18
RELATIONSHIP OF AGE TO DIMINISHED CULPABILITY;19
(b) THE PETITIONER'S AGE OF THE TIME OF THE HEARING AND THE20
LIKELIHOOD OF REOFFENSE GIVEN THE CURRENT AGE OF THE PETITIONER;21
(c) T HE NATURE OF THE OFFENSE , THE EXTENT OF THE22
PETITIONER'S ROLE IN THE OFFENSE, AND WHETHER AND TO WHAT EXTENT23
ANOTHER PERSON WAS INVOLVED IN THE OFFENSE;24
(d) T HE CHARACTERISTICS OF THE PETITIONER AND THE25
PETITIONER'S HISTORY , INCLUDING ANY HISTORY OF TRAUMA , ABUSE ,26
INVOLVEMENT IN THE CHILD WELFARE SYSTEM , OR OTHER MITIGATING27
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CIRCUMSTANCES;1
(e) T HE PETITIONER 'S COMPLIANCE WITH THE RULES OF THE2
INSTITUTIONS IN WHICH THE PETITIONER HAS BEEN CONFINED ,3
PARTICULARLY WITHIN THE PRIOR FIVE YEARS;4
(f) T HE PETITIONER 'S PARTICIPATION IN EDUCATIONAL ,5
VOCATIONAL, OR OTHER PROGRAMS OFFERED BY THE DEPARTMENT OF6
CORRECTIONS OR OTHER ENTITIES;7
(g) THE HISTORY AND CHARACTERISTICS OF THE PETITIONER AT8
THE TIME OF THE HEARING , INCLUDING DEMONSTRATED MATURITY ,9
SUCCESSFUL REHABILITATION , AND FITNESS TO REENTER SOCIETY10
SUFFICIENT TO JUSTIFY A SENTENCE REDUCTION;11
(h) A STATEMENT OR OTHER EVIDENCE OFFERED BY A VICTIM OR12
A VICTIM'S REPRESENTATIVE, INCLUDING ANY EVIDENCE OF A CONTINUING13
IMPACT OF THE CRIME ON THE VICTIM;14
(i) A REPORT OF A PHYSICAL , MENTAL , OR BEHAVIORAL15
EXAMINATION OF THE PETITIONER CONDUCTED BY A HEALTH16
PROFESSIONAL; AND17
(j) A NY OTHER FACTOR THE COURT DEEMS RELEVANT TO THE18
COURT'S DETERMINATION OF WHETHER THE PETITIONER HAS MET THEIR19
BURDEN DESCRIBED IN SUBSECTION (7)(a) OF THIS SECTION.20
(9) (a) I F THE COURT FINDS THAT THE PETITIONER HAS NOT MET21
THEIR BURDEN DESCRIBED IN SUBSECTION (7)(a) OF THIS SECTION OR , IF22
THE PROSECUTION IS REQUIRED TO AGREE TO THE DEPARTURE FROM THE23
INITIAL SENTENCE PURSUANT TO SUBSECTION (7)(b) OF THIS SECTION, THE24
PROSECUTION DOES NOT AGREE , THE COURT SHALL DENY THE PETITION25
AND SET FORTH THE REASONS FOR THE FINDING IN ITS ORDER.26
(b) UPON A FINDING THAT THE PETITIONER HAS MET THEIR BURDEN27
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DESCRIBED IN SUBSECTION (7)(a) OF THIS SECTION AND , IF NECESSARY ,1
THAT THE PROSECUTION AGREES TO THE DEPARTURE FROM THE INITIAL2
SENTENCE PURSUANT TO SUBSECTION (7)(b) OF THIS SECTION , THE3
PETITIONER IS PERMITTED TO FILE A MOTION FOR RECONSIDERATION AND4
REDUCTION OF THE INITIAL SENTENCE PURSUANT TO RULE 35 (b) OF THE5
COLORADO RULES OF CRIMINAL PROCEDURE. THE MOTION IS NOT SUBJECT6
TO THE TIME LIMITS CONTAINED IN RULE 35 (b) OF THE COLORADO RULES7
OF CRIMINAL PROCEDURE AND MAY BE MADE ORALLY AT THE TIME OF THE8
HEARING OR SUBMITTED IN WRITING WITHIN NINETY-ONE DAYS AFTER THE9
COURT'S RULING.10
(10) (a) A T THE HEARING ON THE PETITIONER 'S MOTION FOR11
RECONSIDERATION OF THE INITIAL SENTENCE PURSUANT TO RULE 35 (b)12
OF THE COLORADO RULES OF CRIMINAL PROCEDURE , THE COURT SHALL13
DETERMINE AND IMPOSE TH E APPROPRIATE SENTENCE , WHICH MUST14
INCLUDE, IF THE PETITIONER IS ELIGIBLE FOR RESENTENCING PURSUANT TO15
SUBSECTION (1)(a) OR (1)(b) OF THIS SECTION , A SENTENCE TO16
IMPRISONMENT THAT TOTALS AT LEAST TWENTY -FIVE YEARS BUT NO17
LONGER THAN ORIGINALLY IMPOSED BY THE COURT, INCLUDING UP TO FIVE18
YEARS OF PAROLE ; AN ALTERNATIVE SENTENCE PERMITTED BY LAW ,19
INCLUDING A COMMUNITY CORRECTIONS DIRECT SENTENCE ; OR A20
SENTENCE STIPULATED TO BY THE PARTIES; OR21
(b) I F A PETITIONER IS ELIGIBLE FOR RESENTENCING AND IS22
SERVING SENTENCES FOR MULTIPLE OFFENSES , THE COURT HAS THE23
DISCRETION TO MODIFY A SENTENCE TO BE CONCURRENT WITH ANY OTHER24
SENTENCE IMPOSED ON THE PETITIONER, AND THE MODIFIED SENTENCE IS25
NOT SUBJECT TO THE PROVISIONS OF SECTION 18-1.3-406.26
(11) I F A PERSON IN THE CUSTODY OF THE DEPARTMENT OF27
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CORRECTIONS IS NOT ELIGIBLE FOR POST-CONVICTION RELIEF PURSUANT1
TO SUBSECTION (1)(a) OR (1)(b) OF THIS SECTION , THE DISTRICT2
ATTORNEY'S OFFICE THAT PROSECUTED THE OFFENSE RESULTING IN THE3
CONVICTION MAY PETITION THE COURT REQUESTING THAT THE COURT4
GRANT POST -CONVICTION RELIEF TO THE PERSON . IF THE DISTRICT5
ATTORNEY FILES A PETITION DESCRIBED IN THIS SUBSECTION (11), THE6
PROVISIONS OF SUBSECTIONS (3) TO (10) OF THIS SECTION REGARDING THE7
APPOINTMENT OF COUNSEL , THE BURDEN OF PROOF , THE RELEVANT8
EVIDENTIARY FACTORS , THE DUE PROCESS GRANTED TO THE9
INCARCERATED PERSON, AND THE PROSECUTION AND ANY STIPULATION OF10
THE PARTIES, APPLY.11
(12) UPON THE REQUEST OF THE PETITIONER AND EXECUTION BY12
THE PETITIONER OF ANY NECESSARY CONFIDENTIALITY WAIVERS , THE13
DEPARTMENT OF CORRECTIONS SHALL PROVIDE THE PETITIONER OR THE14
PETITIONER'S ATTORNEY OF RECORD WITH ANY INFORMATION IN THE15
POSSESSION OF THE DEPARTMENT REQUESTED FOR THE PREPARATION OF16
THE PETITION FOR POST -CONVICTION RELIEF , INCLUDING ALL TIME17
COMPUTATION INFORMATION AVAILABLE FOR THE PETITIONER, INCLUDING18
ALL EARNED TIME AWARDED AGAINST THE PETITIONER'S SENTENCE THAT19
WOULD BE CREDITED AGAINST ANY NEW SENTENCE IMPOSED.20
(13) UPON THE REQUEST OF A PARTY , THE COURT SHALL GRANT21
REASONABLE DISCOVERY DISCLOSURES TO THE PARTY TO EFFECTUATE22
FAIR PREPARATION AND PRESENTATION OF RELEVANT EVIDENCE RELATED23
TO THE FACTORS SET FORTH IN SUBSECTION (8) OF THIS SECTION IN ORDER24
TO ENSURE A FAIR HEARING. THE COURT HAS THE DISCRETION TO ENTER25
ORDERS TO CURE OR REMEDY A VIOLATION OF ANY DEADLINES OR OTHER26
DISCOVERY REQUIREMENTS.27
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(14) BEGINNING IN JANUARY 2027, AND IN JANUARY EVERY YEAR1
THEREAFTER, THE JUDICIAL DEPARTMENT SHALL INCLUDE, AS PART OF ITS2
PRESENTATION DURING ITS "SMART ACT" HEARING REQUIRED BY3
SECTION 2-7-203, INFORMATION CONCERNING THE NUMBER OF PETITIONS4
FILED PURSUANT TO THIS SECTION , THE NUMBER OF HEARINGS SET5
PURSUANT TO SUBSECTION (5) OF THIS SECTION , AND THE NUMBER OF6
SENTENCES DETERMINED AND IMPOSED PURSUANT TO SUBSECTION (10) OF7
THIS SECTION.8
SECTION 3. Act subject to petition - effective date -9
applicability. (1) This act takes effect at 12:01 a.m. on the day following10
the expiration of the ninety-day period after final adjournment of the11
general assembly (August 12, 2026, if adjournment sine die is on May 13,12
2026); except that, if a referendum petition is filed pursuant to section 113
(3) of article V of the state constitution against this act or an item, section,14
or part of this act within such period, then the act, item, section, or part15
will not take effect unless approved by the people at the general election16
to be held in November 2026 and, in such case, will take effect on the17
date of the official declaration of the vote thereon by the governor.18
(2) This act applies to individuals convicted of an offense before,19
on, or after the applicable effective date of this act.20
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