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SENATE BILL 26-158
BY SENATOR(S) Weissman and Ball, Danielson, Gonzales J., Jodeh,
Kipp, Kolker, Marchman, Wallace, Coleman;
also REPRESENT ATIVE(S) Carter and Espenoza, Bacon, Boesenecker,
Camacho, Jackson, Lindsay, Mabrey, Nguyen, Rydin, Smith, Zokaie.
CONCERNING EARLY PAROLE PROCEDURES FORA YOUTHFUL OFFENDER WHO
HAS SUCCESSFULLY COMPLETED A SPECIALIZED PROGRAM.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 17-22.5-403, amend
(4.5)(a) and (4.5)(b) as follows:
17-22.5-403. Parole eligibility.
(4.5) (a) After considering any relevant evidence presented by any
A person or agency and considering the presumptions set forth DESCRIBED
in section 17-34-102 (8), the governor OR THE STATE BOARD OF PAROLE,
PURSUANT TO SECTION 17-22.5-403.7 (6), may grant early parole to an
offender to whom subsection (1) or (2.5) of this section applies when the
offender successfully completes the specialized program described in
section 17-34-102 if, in the governor's OR THE STATE BOARD OF PAROLE'S
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.
opinion, extraordinary mitigating circumstances exist and the offender's
release from institutional custody is compatible with the safety and welfare
of society.
(b) When an offender applies for early parole pursuant to patagtaph
(a) of this subsection (4.5) SUBSECTION (4.5)(a) OF THIS SECTION after
having successfully completed the specialized program described in section
17-34-102, the offender shall make his or her MUST SUBMIT THEIR
application to the governor's office with notice and a copy of the application
sent to the state board of parole created in section 17-2-201. The state board
of parole shall review the offender's application and all supporting
documents and schedule a hearing if the board considers making a
recommendation for early parole, at which hearing any victim must have the
opportunity to be heard, pursuant to section 24-4.1-302.5 (l)U). C.R.S. Not
later than ninety days after receipt of a copy of an offender's application for
early parole, the state board of parole, after considering the presumptions
set forth in section 17-34-102 (8) AND ANY RELEVANT INFORMATION
PRESENTED BY A PERSON OR AGENCY, shall make a recommendation to the
governor concerning whether early parole should be granted to the offender.
SECTION 2. In Colorado Revised Statutes, 17-22.5-403.7, amend
(2) and (6)(a) as follows:
17-22.5-403.7. Parole eligibility - youthful offender - juvenile
offender convicted as adult -definition.
(2) After considering any relevant evidence presented by any A
person or agency and considering the presumptions set forth DESCRIBED in
section 17-34-102 (8), the governor ma, giant parole to an inmate prior to
the inmate's parole eligibility date if, in the governor's opinion, AN INMATE
WHO HAS SUCCESSFULLY COMPLETED THE SPECIALIZED PROGRAM DESCRIBED
IN SECTION 17-34-102 MAY BE GRANTED EARLY PAROLE PURSUANT TO
SUBSECTION (6) OF THIS SECTION IF, IN THE GOVERNOR'S OR THE STATE
BOARD OF PAROLE'S OPINION, extraordinary mitigating circumstances exist
and the inmate's release from institutional custody is compatible with the
safety and welfare of society. However, nothing in this section grants the
governor OR THE ST A TE BOARD OF PAROLE the authority to grant early parole
pursuant to the provisions of this section to an inmate serving a sentence of
life without the possibility of parole.
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(6) (a) (I) When an off-ender INMATE applies for early parole
pursuant to this section after having successfully completed the specialized
program described in section 17-34-102, the offender shall make his or her
INMATE MUST SUBMIT THEIR application to the governor's office with notice
and a copy of the application sent to the state board of parole created in
section 17-2-201. The state board of parole shall review the offender's
INMATE'S application and all supporting documents and schedule a hearing
if the board considers making a recommendation for early parole, at which
hearing any victim must have the opportunity to be heard, pursuant to
section 24-4.1-302.5 (l)G). C.R.S. Not later than ninety days after receipt
of a copy of an offender's INMATE'S application for early parole, the state
board of parole, after considering the presumptions set forth in section
17-34-102 (8), shall make a recommendation to the governor concerning
whether early parole should be granted to the offende1. INMATE.
(11) NO LATER THAN SIXTY DAYS AFTER RECEIPT OF THE ST A TE
BOARD OF PAROLE'S R ECOMMENDATION CONCERNING AN INMATE'S
APPLICATION FOR EARLY PAROLE, OR SIXTY DAYS AFTER THE EFFECTIVE
DATE OF THIS SUBSECTION (6)(a)(II) FOR ANY RECOMMENDATIONS OF THE
STATE BOARD OF PAROLE RECEIVED BY THE GOVERNOR PRIOR TO THE
EFFECTIVEDATEOFTHISSUBSECTION (6)(a)(II), THEGOVERNORMAY, AFTER
CONSIDERING THE PRESUMPTIONS DESCRIBED IN SECTION 17-34-102 (8),
GRANT OR DENY EARLY PAROLE TO THE INMATE. IF THE GOVERNOR GRANTS
OR DENIES EARLY PAROLE TO THE INMATE, THE GOVERNOR SHALL ADVISE
THE STATE BOARD OF PAROLE OF THE GOVERNOR'S DECISION. THE
GOVERNOR'S DECISION REGARDING THE INMATE'S APPLICATION IS FINAL, AND
THE INMATE'S REQUEST FOR EARLY PAROLE SHALL BE GRANTED OR DENIED
CONSISTENT WITH THE GOVERNOR'S DECISION.
(Ill) IF THE GOVERNOR DOES NOT ADVISE THE ST A TE BOARD OF
PAROLE OF THE GOVERNOR'S DECISION REGARDING AN INMATE'S
APPLICATION FOR EARLY PAROLE WITHIN SIXTY DAYS AFTER RECEIPT OF THE
STATE BOARD OF PAROLE'S RECOMMENDATION, OR SIXTY DAYS AFTER THE
EFFECTIVE DATE OF SUBSECTION (6)(a)(II) OF THIS SECTION FOR ANY
RECOMMENDATION OF THE STATE BOARD OF PAROLE RECEIVED BY THE
GOVERNORPRIOR TOTHEEFFECTIVEDATEOFSUBSECTION (6)(a)(II) OFTHIS
SECTION, THE STATE BOARD OF PAROLE'S RECOMMENDATION ON THE
INMATE'S APPLICATION IS THE FINAL DECISION REGARDING THE INMATE'S
APPLICATION FOR EARLY PAROLE, AND THE INMATE'S REQUEST FOR EARLY
PAROLE SHALL BE GRANTED OR DENIED CONSISTENT WITH THE ST A TE BOARD
PAGE 3-SENATE BILL 26-158
OF PAROLE'S RECOMMENDATION.
SECTION 3. In Colorado Revised Statutes, 17-34-102, amend (2),
(9) introductory portion, and (9)U) as follows:
17-34-102. Specialized program for juveniles and young adults
convicted as adults and young adults convicted under twenty-one years
of age -report -definition.
(2) The specialized program must include:
(a) Components that allow an offender to experience placement with
more independence in daily life, with additional work-related
responsibilities and other program components that will assist and support
the offender's successful reintegration into the community of offenders who
have never lived independently or functioned in the community as an adult;
(b) The specialized program must also include Best and promising
practices in independent living skills development, reentry services for
long-term offenders, and intensive supervision and monitoring; AND
(c) ON OR AFTER JANUARY l, 2027, PROGRAMMING THAT REQUIRES
AN OFFENDER TO ACKNOWLEDGE THE IMPACT OF CRIME ON VICTIMS AND THE
ONGOING TRAUMA THAT CRIME SURVIVORS EXPERIENCE, AND, IF
APPLICABLE, THE IMPACT OF THE OFFENDER'S OWN TRAUMA ON THEIR
CRIMINAL OR OTHER NEGATIVE BEHAVIOR, AND IDENTIFY INTERVENTIONS TO
PREVENT THOSE EXPERIENCES FROM IMPACTING SUCCESSFUL
REINTEGRATION INTO THE COMMUNITY.
(9) On and aftet January 1, 2018, During its annual presentation
before the joint judiciary committee of the general assembly, or any
successor joint committee, pursuant to section 2-7-203, C.R.S., the
department shall include a status report regarding the progress and
outcomes of the specialized program developed and implemented by the
department pursuant to this section during the preceding year. The report,
at a minimum, shalt MUST include:
U) The number of specialized program participants who were
granted early parole by the governor OR STATE BOARD OF PAROLE.
PAGE 4-SENATE BILL 26-158
SECTION 4. 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
the support and maintenance of the departments of the state and state
institutions.
James Rashad Coleman, Sr.
PRESIDENT OF
THE SENATE
Esther van Mourik
SECRETARY OF
THE SENATE
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
.
v/M'1V}A. fJ.ez f!1i
Vanessilly
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
APPROVED 0~ -r~.s J ClJ f\'\t-.v1 IC\ t1i ~ g.:±: I 1.,'. oort\\
(Da e and Tibe)
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COLORADO
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