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SENATE BILL 26-159
BY SENATOR(S) Weissman and Gonzales J., Benavidez, Exum, Jodeh,
Kipp, Marchman, Sullivan, Wallace, Coleman;
also REPRESENTATIVE(S) Mabrey and Martinez, Boesenecker, English,
Jackson, Lindsay, Ricks, Rydin, Sirota, Smith, Zokaie.
CONCERNING MEASURES FOR MANAGING THE CAPACITY OF THE
DEPARTMENT OF CORRECTIONS.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 17-22.5-405, amend
(1.5)(a), (l.5)(b), and (9)(a); and add (l.5)(a.5), (9)(a.7) and (10) as
follows:
17-22.5-405. Earned time - earned release time - achievement
earned time -working group - definition - repeal.
(1.5) (a) EXCEPT AS PROVIDED IN SUBSECTION (l.5)(a.5) OF THIS
SECTION, earned time, not to exceed twelve FOURTEEN days for each month
ofincarceration or parole, may be deducted from an inmate's sentence if the
inmate:
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.
(I) Is serving a sentence for a class 4, class 5, or class 6 felony or
level 3 or level 4 drug felony;
(11) Has not incurred a class I code of penal discipline violation
within the twenty-four months immediately preceding the time of crediting
or during his or her THE INMATE'S entire term ofincarceration if the term is
less than twenty-four months or a class II code of penal discipline violation
within the twelve months immediately preceding the time of crediting or
during his or her THE INMATE'S entire term of incarceration if the term is
less than twelve months; AND
(III) Is program-compliant. and
(IV) Was not convicted of, and has not previously been convicted
of, a felony crime described in section 18-3-303, 18-3-305, 18-3-306, or
18-6-70 l, sections 18-7-402 to 18-7-407, or section 18-12-102 or
18-12-109, C.R.S., or a felony etirne listed in section 24-4.1-302 (1), C.R.S.
( a.5) NOTWITHSTANDING THE FOURTEEN-DAY LIMITATION IN
SUBSECTION (1.5)(a) OF THIS SECTION, AN INMATE CONVICTED OF, OR AN
INMATE WHO HAS PREVIOUSLY BEEN CONVICTED OF, A FELONY CRIME
DESCRIBED IN SECTION 18-3-303, 18-3-305, 18-3-306, OR 18-6-701;
SECTIONS 18-7-402 TO 18-7-407; SECTION 18-12-102 OR 18-12-109; A
FELONY MOTOR VEHICLE THEFT; OR A FELONY CRIME LISTED IN SECTION
24-4.1-302 ( 1 ), IS LIMITED TO TWELVE DAYS OF EARNED TIME PER MONTH.
(b) The earned time specified in subsection ( l .5)(a) THIS
SUBSECTION ( 1.5) of this section may be deducted based upon a
demonstration to the department by the inmate, which is certified by the
inmate's case manager or community parole officer, that he 01 she THE
INMATE has made positive progress in accordance with performance
standards established by the department.
(9) (a) (I) Notwithstanding any provision of this section to the
contrary, in addition to the earned time authorized in this section, an
offender who successfully completes a milestone or phase of an
educational, vocational, therapeutic, or reentry program or who
demonstrates exceptional conduct that promotes the safety of eon eetional
staff, volunteers, eonttaeto1s, 01 other persons under the super vision of the
department of eoneetions, may be awarded as many as sixty days of
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achievement earned time per program milestone or phase, ot pet instance
of exceptional conduct, at the discretion of the executive director; except
that an offender shall not be awarded more than one hundred twenty days
of achievement earned time pursuant to this subsection (9).
(II) THE DEPARTMENT OF CORRECTIONS SHALL MAKE POLICY
CHANGES TO MAXIMIZE THE INCENTIVES TO PARTICIPATE IN ACTIVITIES THAT
A WARD ACHIEVEMENT EARNED TIME FOR OFFENDERS WHO COMMIT TO AND
PARTICIPATE IN SELF-IMPROVEMENT ACTIVITIES, INCLUDING THERAPEUTIC
AND EDUCATIONAL PROGRAMMING. APPLICABLE POLICY CHANGES MAY
INCLUDE, BUT ARE NOT LIMITED TO:
(A) ENSURING THAT PROGRAMS OF SIMILAR INTENSITY AND
DURATION ARE A WARDED A SIMILAR NUMBER OF CREDITS;
(B) INC RE ASING CREDIT AWARDS FOR SUSTAINED, HIGH
ENGAGEMENT IN WORK ASSIGNMENTS; AND
(C) INCREASING CREDIT AWARDS FOR THE COMPLETION OF A
PROGRAM.
(III) FOR OFFENDERS WHO SUCCESSFULLY COMPLETE A MILESTONE
OR PHASE OF A BEHAVIORAL HEAL TH PROGRAM IN AN AREA RELATED TO
RECOVERY FROM A CONDITION THAT CONTRIBUTED TO THE OFFENDER'S
UNDERLYING OFFENSE, INCLUDING SUBSTANCE USE T RE ATMENT, ANGER
MANAGEMENT, OR OTHER BEHAVIORAL HEALTH NEEDS, AS R ECOMMENDED
BASED ON NEEDS IDENTIFIED ON THE INTAKE ASSESSMENT, THE TOTAL
ACHIEVEMENT EARNED TIME THAT CAN BE A WARDED PURSUANT TO THIS
SUBSECTION (9)(a) IS ONE HUNDRED FIFTY DAYS.
(a.7) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
CONTRARY,INADDITIONTOTHEEARNEDTIMEAUTHORIZEDINTHISSECTION,
AN OFFENDER WHO DEMONSTRATES EXCEPTIONAL CONDUCT THAT
PROMOTES THE SAFETY OF CORRECTIONAL STAFF, VOLUNTEERS,
CONTRACTORS, OR OTHER PERSONS UNDER THE SUPERVISION OF THE
DEPARTMENT OF CORRECTIONS MAY BE A WARDED AS MANY AS SIXTY DAYS
OF ACHIEVEMENT EARNED TIME PER INSTANCE OF EXCEPTIONAL CONDUCT,
AT THE DISCRETION OF THE EXECUTIVE DIRECTOR; EXCEPT THAT AN
OFFENDER SHALL NOT BE A WARDED MORE THAN ONE HUNDRED TWENTY
DAYS OF ACHIEVEMENT EARNED TIME PURSUANT TO THIS SUBSECTION
PAGE 3-SENATE BILL 26-159
(9)(a.7).
(10) (a) THERE IS CREATED THE DEPARTMENT OF CORRECTIONS
COMPREHENSIVE PLANNING WORKING GROUP, REFERRED TO IN THIS SECTION
AS THE "WORKING GROUP". THE EXECUTIVE DIRECTOR OF THE DEPARTMENT,
OR THEIR DESIGNEE, SHALL SERVE AS CHAIR OF THE WORKING GROUP. THE
WORKING GROUP SHALL DEVELOP RECOMMENDATIONS FOR A CAPACITY
MANAGEMENT PLAN FOR THE DEPARTMENT THAT IS DATA-DRIVEN, ALIGNS
WITH BEST PRACTICES, AND IS INFORMED BY THE INPUT OF DEPARTMENT
STAFF, INCARCERATED PEOPLE, VICTIMS, AND OTHER CRIMINAL JUSTICE
STAKEHOLDERS AND SUBJECT MATTER EXPERTS REGARDING STRATEGIES TO:
(I) ASSESS EFFICACY, AVAILABILITY, AND GAPS REGARDING PRISON
PROGRAMMING AND CLINICAL CARE TO MAXIMIZE INMATE REHABILITATION
AND PREPARATION FOR RELEASE;
(II) IDENTIFY BOTTLENECKS AND INEFFICIENCIES REGARDING INMATE
RELEASE PROCESSES, CROSS-AGENCY COORDINATION, VICTIM NOTIFICATION
AND ENGAGEMENT, AND INMATE RELEASE DECISION-MAKING;
(Ill) ENSURE THAT APPROPRIATE SUPERVISION, PLACEMENT OPTIONS,
AND SERVICES ARE AVAILABLE TO IMPROVE SUCCESSFUL OUTCOMES FOR
PERSONS RELEASED FROM PRISON;
(IV) MANAGE GROWTH IN PRISON POPULATION TO A VOID
OVERCROWDING; AND
(V) IDENTIFY CHANGES NEEDED TO CURRENT PRISON OPERATIONAL
CAPACITY, INMATE CLASSIFICATION, OR FACILITY SECURITY CLASSIFICATION
LEVEL TO MOST COST-EFFECTIVELY ADDRESS CURRENT PRISON BED
UTILIZATION AND ANY PROJECTED FUTURE PRISON BED NEEDS TO ENSURE
ALIGNMENT BETWEEN THE CLASSIFICATION LEVEL OF THE INMATE
POPULATION AND THE SECURITY LEVEL OF PRISON BEDS AVAILABLE OR
NEEDED.
(b) THE WORKING GROUP CONSISTS OF:
(I) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT, OR THEIR
DESIGNEE, WHO IS THE CHAIR OF THE WORKING GROUP;
PAGE 4-SENATE BILL 26-159
(II) THE EXECUTIVE DIRECTOR OF THE DIVISION OF CRIMINAL JUSTICE
IN THE DEPARTMENT OF PUBLIC SAFETY, OR THEIR DESIGNEE;
(III) ONE DISTRICT ATTORNEY, OR THEIR DESIGNEE, APPOINTED BY
THE EXECUTIVE DIRECTOR OF THE COLORADO DISTRICT ATTORNEYS'
COUNCIL;
(IV) ONE PUBLIC DEFENDER, OR THEIR DESIGNEE, APPOINTED BY THE
ST A TE PUBLIC DEFENDER;
(V) ONE SHERIFF, OR THEIR DESIGNEE, APPOINTED BY THE PRESIDENT
OF THE COUNTY SHERIFFS OF COLORADO BOARD OF DIRECTORS;
(VI) ONE BEHAVIORAL HEAL TH EXPERT OR PROFESSIONAL,
APPOINTED BY THE PRESIDENT OF THE SENATE;
(VII) ONE MEDICAL PROFESSIONAL WITH EXPERIENCE IN
PRISON-BASED HEALTH SERVICES, APPOINTED BY THE PRESIDENT OF THE
SENATE;
(VIII) ONE CRIME VICTIM OR SURVIVOR, OR A REPRESENTATIVE OF
A GROUP THAT ADVOCATES FOR CRIME VICTIMS OR SURVIVORS, APPOINTED
BY THE HOUSE MINORITY LEADER;
(IX) ONE FORMERLY INCARCERATED PERSON, ORA REPRESENTATIVE
OF A GROUP THAT ADVOCATES FOR INCARCERATED OR FORMERLY
INCARCERATED PERSONS, APPOINTED BY THE SPEAKER OF THE HOUSE;
(X) ONE REPRESENTATIVE OF AN ORGANIZATION WITH EXPERIENCE
IN COMMUNITY-BASED RE-ENTRY SERVICES, APPOINTED BY THE SPEAKER OF
THE HOUSE;
(XI) ONE CURRENT OR FORMER STATE BOARD OF PAROLE MEMBER,
APPOINTED BY THE CHAIR OF THE ST A TE BOARD OF PAROLE;
(XII) ONE CURRENT COMMUNITY CORRECTIONS REPRESENTATIVE,
APPOINTED BY THE SENA TE MINORITY LEADER; AND
(XIII) ONECURRENTEMPLOYEEOFTHEDEPARTMENT,APPOINTEDBY
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT.
PAGE 5-SENA TE BILL 26-159
(c) MEMBERS OF THE HOUSE OF REPRESENTATIVES JUDICIARY
COMMITTEE AND THE SENATE JUDICIARY COMMITTEE, OR THEIR SUCCESSOR
COMMITTEES, AND THE JOINT BUDGET COMMITTEE, MAY SUBMIT IN WRITING
TO THE CHAIR OF THE WORKING GROUP A REQUEST TO PRIORITIZE SPECIFIC
ISSUES OR PROVIDE OTHER RELEVANT INFORMATION.
( d) THE WORKING GROUP MAY REQUEST INFORMATION FROM THE
DEPARTMENT OF CORRECTIONS AND THE CERTIFIED EMPLOYEE
ORGANIZATION DEFINED IN SECTION 24-50-1102 FOR PURPOSES OF
ASSESSING UNDERLYING CONDITIONS AND THE OPERATIONAL FEASIBILITY OF
RECOMMENDATIONS.
( e) (I) THE WORKING GROUP SHALL SOLICIT INPUT FROM
DEPARTMENT STAFF, THEDEPARTMENTOFPERSONNELANDADMINISTRATION
AND THE CERTIFIED EMPLOYEE ORGANIZATION DEFINED IN SECTION
24-50-1102, INMATES, INMATE FAMILIES, CRIME VICTIMS OR SURVIVORS,
CRIMINAL JUSTICE STAKEHOLDERS, ELECTED OFFICIALS AT THE STATE AND
LOCAL LEVEL, THE LEGISLATIVE COUNCIL, JOINT BUDGET COMMITTEE STAFF,
STATE AGENCIES, AND OTHER PERSONS WITH SUBJECT MATTER EXPERTISE.
(II) THE WORKING GROUP SHALL NOT BARGAIN, NEGOTIATE, OR
OTHERWISE MAKE RECOMMENDATIONS RELATED TO ANY MA TIERS THAT ARE
SUBJECT TO THE EXCLUSIVE PARTNERSHIP PROCESS BETWEEN THE STATE
AND THE CERTIFIED EMPLOYEE ORGANIZATIONS PURSUANT TO SECTION
24-50-1112 (2).
(f) THE CHAIR OF THE WORKING GROUP MAY SOLICIT AND ACCEPT
GIFTS, GRANTS, AND DONATIONS TO SUPPORT THE WORKING GROUP,
INCLUDING FOR FACILITATION, RESEARCH, STRATEGIC PLANNING, REPORT
WRITING, AND SURVEYS OR OTHER METHODS TO PURSUE THE GOALS LISTED
IN SUBSECTION (l0)(a) OF THIS SECTION, IN ACCORDANCE WITH APPLICABLE
STATE LAWS.
(g) THE WORKING GROUP SHALL SUBMIT AN INTERIM REPORT TO THE
GENERAL ASSEMBLY, THE DEPARTMENT'S CERTIFIED EMPLOYEE
ORGANIZATION, AND THE GOVERNOR'S OFFICE IN DECEMBER 2026 AND A
FINAL REPORT ON JUNE 30, 2028.
(h) THIS SUBSECTION (10) IS REPEALED, EFFECTIVE JANUARY 15,
2029.
PAGE 6-SENATE BILL 26-159
SECTION 2. Applicability. This act applies to an inmate accruing
earned time on or after the effective date of this act.
SECTION 3. 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
~ie
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
_jJ~ ~ illy
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
APPROVED Oh 1',,esJ'ai 'frl~ \q{• W4, ...-1; \2.: Oorl\-
( ate a d Time)
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