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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0970.01 Owen Hatch x2698 SENATE BILL 26-158
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
CONCERNING EARLY PAROLE PR OCEDURES FOR A YOUTHFUL101
OFFENDER WHO HAS SUCCESSFULLY COMPLETED A SPECIALIZED102
PROGRAM.103
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 adds the state board of parole as an entity that may
approve an application for early parole for an offender who has
completed a specialized program as provided in current law. The state
board of parole can approve the application if the governor has not acted
on the application within 60 days. If the governor acts on the application
SENATE SPONSORSHIP
Weissman and Ball,
HOUSE SPONSORSHIP
Carter and Espenoza,
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.
within 60 days, that decision is final. The offender must have been
convicted of a certain predicate felony and committed the felony when
they were younger than 21 years old.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 17-22.5-403, amend2
(4.5)(a) and (4.5)(b) as follows:3
17-22.5-403. Parole eligibility.4
(4.5) (a) After considering any relevant evidence presented by any5
A person or agency and considering the presumptions set forth DESCRIBED6
in section 17-34-102 (8), the governor OR THE STATE BOARD OF PAROLE,7
PURSUANT TO SECTION 17-22.5-403.7 (6), may grant early parole to an8
offender to whom subsection (1) or (2.5) of this section applies when the9
offender successfully completes the specialized program described in10
section 17-34-102 if, in the governor's OR THE STATE BOARD OF PAROLE'S11
opinion, extraordinary mitigating circumstances exist and the offender's12
release from institutional custody is compatible with the safety and13
welfare of society.14
(b) When an offender applies for early parole pursuant to15
paragraph (a) of this subsection (4.5) SUBSECTION (4.5)(a) OF THIS16
SECTION after having successfully completed the specialized program17
described in section 17-34-102, the offender shall make his or her MUST18
SUBMIT THEIR application to the governor's office with notice and a copy19
of the application sent to the state board of parole created in section20
17-2-201. The state board of parole shall review the offender's application21
and all supporting documents and schedule a hearing if the board22
considers making a recommendation for early parole, at which hearing23
any victim must have the opportunity to be heard, pursuant to section24
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24-4.1-302.5 (1)(j). C.R.S. Not later than ninety days after receipt of a1
copy of an offender's application for early parole, the state board of2
parole, after considering the presumptions set forth in section 17-34-1023
(8) AND ANY RELEVANT INFORMATION PRESENTED BY A PERSON OR4
AGENCY, shall make a recommendation to the governor concerning5
whether early parole should be granted to the offender.6
SECTION 2. In Colorado Revised Statutes, 17-22.5-403.7,7
amend (2) and (6)(a) as follows:8
17-22.5-403.7. Parole eligibility - youthful offender - juvenile9
offender convicted as adult - definition.10
(2) After considering any relevant evidence presented by any A11
person or agency and considering the presumptions set forth DESCRIBED12
in section 17-34-102 (8), the governor may grant parole to an inmate prior13
to the inmate's parole eligibility date if, in the governor's opinion, AN14
INMATE WHO HAS SUCCESSFULLY COMPLETED THE SPECIALIZED PROGRAM15
DESCRIBED IN SECTION 17-34-102 MAY BE GRANTED EARLY PAROLE16
PURSUANT TO SUBSECTION (6) OF THIS SECTION IF, IN THE GOVERNOR'S OR17
THE STATE BOARD OF PAROLE 'S OPINION , extraordinary mitigating18
circumstances exist and the inmate's release from institutional custody is19
compatible with the safety and welfare of society. However, nothing in20
this section grants the governor OR THE STATE BOARD OF PAROLE the21
authority to grant early parole pursuant to the provisions of this section22
to an inmate serving a sentence of life without the possibility of parole.23
(6) (a) (I) When an offender INMATE applies for early parole24
pursuant to this section after having successfully completed the25
specialized program described in section 17-34-102, the offender shall26
make his or her INMATE MUST SUBMIT THEIR application to the governor's27
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office with notice and a copy of the application sent to the state board of1
parole created in section 17-2-201. The state board of parole shall review2
the offender's INMATE'S application and all supporting documents and3
schedule a hearing if the board considers making a recommendation for4
GRANTING early parole, at which hearing any victim must have the5
opportunity to be heard, pursuant to section 24-4.1-302.5 (1)(j). C.R.S.6
Not later than ninety days after receipt of a copy of an offender's7
INMATE'S application for early parole, the state board of parole, after8
considering the presumptions set forth in section 17-34-102 (8), shall9
make a recommendation to the governor concerning whether early parole10
should be granted to the offender INMATE.11
(II) N O LATER THAN SIXTY DAYS AFTER RECEIPT OF THE STATE12
BOARD OF PAROLE 'S RECOMMENDATION CONCERNING AN INMATE 'S13
APPLICATION FOR EARLY PAROLE, OR SIXTY DAYS AFTER THE EFFECTIVE14
DATE OF THIS SUBSECTION (6)(a)(II) FOR ANY RECOMMENDATIONS OF THE15
STATE BOARD OF PAROLE RECEIVED BY THE GOVERNOR PRIOR TO THE16
EFFECTIVE DATE OF THIS SUBSECTION (6)(a)(II), THE GOVERNOR MAY ,17
AFTER CONSIDERING THE PRESUMPTIONS DESCRIBED IN SECTION 17-34-10218
(8), GRANT OR DENY EARLY PAROLE TO THE INMATE . IF THE GOVERNOR19
GRANTS OR DENIES EARLY PAROLE TO THE INMATE, THE GOVERNOR SHALL20
ADVISE THE STATE BOARD OF PAROLE OF THE GOVERNOR'S DECISION. THE21
GOVERNOR'S DECISION REGARDING THE INMATE'S APPLICATION IS FINAL,22
AND THE INMATE'S REQUEST FOR EARLY PAROLE SHALL BE GRANTED OR23
DENIED CONSISTENT WITH THE GOVERNOR'S DECISION.24
(III) IF THE GOVERNOR DOES NOT ADVISE THE STATE BOARD OF25
PAROLE OF THE GOVERNOR 'S DECISION REGARDING AN INMATE 'S26
APPLICATION FOR EARLY PAROLE WITHIN SIXTY DAYS OF RECEIPT OF THE27
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STATE BOARD OF PAROLE 'S RECOMMENDATION , THE STATE BOARD OF1
PAROLE'S RECOMMENDATION ON THE INMATE'S APPLICATION IS THE FINAL2
DECISION REGARDING THE INMATE'S APPLICATION FOR EARLY PAROLE, AND3
THE INMATE'S REQUEST FOR EARLY PAROLE SHALL BE GRANTED OR DENIED4
CONSISTENT WITH THE STATE BOARD OF PAROLE'S RECOMMENDATION.5
SECTION 3. In Colorado Revised Statutes, 17-34-102, amend6
(2), (9) introductory portion, and (9)(j) as follows:7
17-34-102. Specialized program for juveniles and young adults8
convicted as adults and young adults convicted under twenty-one9
years of age - report - definition.10
(2) The specialized program must include:11
(a) Components that allow an offender to experience placement12
with more independence in daily life, with additional work-related13
responsibilities and other program components that will assist and support14
the offender's successful reintegration into the community of offenders15
who have never lived independently or functioned in the community as16
an adult;17
(b) The specialized program must also include Best and promising18
practices in independent living skills development, reentry services for19
long-term offenders, and intensive supervision and monitoring; AND20
(c) P ROGRAMMING THAT REQUIRES AN OFFENDER TO21
ACKNOWLEDGE THE IMPACT OF CRIME ON VICTIMS AND THE ONGOING22
TRAUMA THAT CRIME SURVIVORS EXPERIENCE, AND, IF APPLICABLE, THE23
IMPACT OF THE OFFENDER'S OWN TRAUMA ON THEIR CRIMINAL OR OTHER24
NEGATIVE BEHAVIOR, AND IDENTIFY INTERVENTIONS TO PREVENT THOSE25
EXPERIENCES FROM IMPACTING SUCCESSFUL REINTEGRATION INTO THE26
COMMUNITY.27
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(9) On and after January 1, 2018, During its annual presentation1
before the joint judiciary committee of the general assembly, or any2
successor joint committee, pursuant to section 2-7-203, C.R.S., the3
department shall include a status report regarding the progress and4
outcomes of the specialized program developed and implemented by the5
department pursuant to this section during the preceding year. The report,6
at a minimum, shall MUST include:7
(j) The number of specialized program participants who were8
granted early parole by the governor OR STATE BOARD OF PAROLE.9
SECTION 4. Safety clause. The general assembly finds,10
determines, and declares that this act is necessary for the immediate11
preservation of the public peace, health, or safety or for appropriations for12
the support and maintenance of the departments of the state and state13
institutions.14
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