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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0940.01 Owen Hatch x2698 SENATE BILL 26-159
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
CONCERNING MEASURES FOR MANAGING THE CAPACITY OF THE101
DEPARTMENT OF CORRECTIONS.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 adjusts certain earned time formulas for an inmate serving
a sentence to the department of corrections (DOC). The DOC is directed
to enact policy changes to incentivize inmates to pursue activities that
award earned time.
The bill creates a working group to make recommendations for a
capacity management plan for the DOC with input from impacted groups.
SENATE SPONSORSHIP
Weissman and Gonzales J.,
HOUSE SPONSORSHIP
Mabrey and Martinez,
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.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 17-22.5-405, amend2
(1), (1.2), (2), (3.7)(a) introductory portion, (4)(a), (7), and (9)(a); repeal3
(1.5); and add (9)(a.7) and (10) as follows:4
17-22.5-405. Earned time - earned release time - achievement5
earned time - working group - definition - repeal.6
(1) (a) Earned time not to exceed ten days for each month of7
incarceration or parole, may be deducted from the inmate's sentence upon8
a demonstration to the department by the inmate, which is certified by the9
inmate's case manager or community parole officer, that the inmate has10
made consistent progress in the following categories as required by the11
department of corrections:12
(a) (I) Work and training, including attendance, promptness,13
performance, cooperation, care of materials, and safety;14
(b) (II) Group living, including housekeeping, personal hygiene,15
cooperation, social adjustment, and double bunking;16
(c) (III) Participation in counseling sessions and involvement in17
self-help groups;18
(d) (IV) Progress toward the goals and programs established by19
the Colorado diagnostic program;20
(e) (V) For any inmates who have been paroled, compliance with21
the conditions of parole release;22
(f) (VI) The offender has not harassed the victim either verbally23
or in writing;24
(g) (VII) The inmate has made positive progress, in accordance25
with performance standards established by the department, in the26
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correctional education program established pursuant to article 32 of this1
title; AND2
(h) (VIII) The inmate has shown exemplary leadership through3
mentoring, community service, and distinguished actions benefiting the4
health, safety, environment, and culture for staff and other inmates.5
(b) THIS SUBSECTION (1) APPLIES TO AN INMATE WHO:6
(I) H AS NOT INCURRED A CLASS I CODE OF PENAL DISCIPLINE7
VIOLATION WITHIN TWENTY-FOUR MONTHS IMMEDIATELY PRECEDING THE8
TIME OF CREDITING OR DURING THE INMATE 'S ENTIRE TERM OF9
INCARCERATION IF THE TERM IS LESS THAN TWENTY-FOUR MONTHS OR A10
CLASS II CODE OF PENAL DISCIPLINE VIOLATION WITHIN TWELVE MONTHS11
IMMEDIATELY PRECEDING THE TIME OF CREDITING OR DURING THE12
INMATE'S ENTIRE TERM OF INCARCERATION IF THE TERM IS LESS THAN13
TWELVE MONTHS; AND14
(II) IS PROGRAM-COMPLIANT.15
(1.2) (a) Subsection (1) of this section applies to a person who16
was convicted as an adult for a class 1 felony committed while the person17
was a juvenile and who was sentenced pursuant to section 18-1.3-40118
(4)(b) or (4)(c), C.R.S. As to T HE DEPARTMENT MAY DEDUCT UP TO19
TWELVE DAYS FROM AN INMATE 'S SENTENCE FOR EACH MONTH OF20
INCARCERATION OR PAROLE PURSUANT TO SUBSECTION (1) OF THIS21
SECTION; EXCEPT THAT THE DEPARTMENT MAY DEDUCT UP TO TEN DAYS22
FOR EACH MONTH OF INCARCERATION OR PAROLE FOR THE FOLLOWING23
INMATES:24
(I) A PERSON CONVICTED OF A FELONY CRIME DESCRIBED IN25
SECTION 18-3-303, 18-3-305, 18-3-306, OR 18-6-701, SECTIONS 18-7-40226
TO 18-7-407, OR SECTION 18-12-102 OR 18-12-109, OR A FELONY CRIME27
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LISTED IN SECTION 24-4.1-302 (1), OR A PERSON WHO IS SERVING A1
SENTENCE PURSUANT TO 18-4-409; OR2
(II) A PERSON WHO WAS CONVICTED AS AN ADULT FOR A CLASS 13
FELONY COMMITTED WHILE THE PERSON WAS A JUVENILE AND WHO WAS4
SENTENCED PURSUANT TO SECTION 18-1.3-401 (4)(b) OR (4)(c).5
(b) F OR a person who was convicted as an adult for a class 16
felony committed while the person was a juvenile, and who was7
sentenced pursuant to section 18-1.3-401 (4)(c), C.R.S., it is the intent of8
the general assembly GENERAL ASSEMBLY'S INTENT that the department9
award earned time to such a THE person both prospectively and10
retroactively from June 10, 2016, as if the person had been eligible to be11
awarded earned time from the beginning of his or her THE PERSON 'S12
incarceration pursuant to the sentence that he or she THE PERSON13
originally received for such THE felony. Pursuant to this subsection (1.2),14
THE MAXIMUM MONTHLY ACCRUAL OF EARNED TIME IS TEN DAYS.15
(1.5) (a) Earned time, not to exceed twelve days for each month16
of incarceration or parole, may be deducted from an inmate's sentence if17
the inmate:18
(I) Is serving a sentence for a class 4, class 5, or class 6 felony or19
level 3 or level 4 drug felony;20
(II) Has not incurred a class I code of penal discipline violation21
within the twenty-four months immediately preceding the time of22
crediting or during his or her entire term of incarceration if the term is23
less than twenty-four months or a class II code of penal discipline24
violation within the twelve months immediately preceding the time of25
crediting or during his or her entire term of incarceration if the term is26
less than twelve months;27
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(III) Is program-compliant; and1
(IV) Was not convicted of, and has not previously been convicted2
of, a felony crime described in section 18-3-303, 18-3-305, 18-3-306, or3
18-6-701, sections 18-7-402 to 18-7-407, or section 18-12-102 or4
18-12-109, C.R.S., or a felony crime listed in section 24-4.1-302 (1),5
C.R.S.6
(b) The earned time specified in subsection (1.5)(a) of this section7
may be deducted based upon a demonstration to the department by the8
inmate, which is certified by the inmate's case manager or community9
parole officer, that he or she has made positive progress in accordance10
with performance standards established by the department.11
(c) Nothing in this subsection (1.5) shall preclude an inmate from12
receiving earned time pursuant to subsection (1) of this section if the13
inmate does not qualify for earned time pursuant to this subsection (1.5).14
(2) The department shall develop objective standards for15
measuring consistent progress in the categories listed in subsection (1)16
SUBSECTION (1)(a) of this section. Such THE standards shall MUST be17
applied in all evaluations of inmates for the earned time authorized in this18
section.19
(3.7) (a) For an inmate sentenced for a nonviolent felony offense20
as described in subsection (5) of this section, in addition to the earned21
time deducted pursuant to subsection (1) or (1.5) of this section, earned22
time shall MUST be deducted from the inmate's sentence for each23
accredited degree or other credential awarded by a regionally accredited24
institution of higher education designated by the department pursuant to25
subsection (3.7)(b) of this section to the inmate while the inmate is26
incarcerated or on parole as follows:27
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(4) (a) Except as described in subsection (3.7), (4)(b), (6), or (9)1
of this section, and notwithstanding any other provision of this section,2
earned time may not reduce the sentence of an inmate as defined in3
section 17-22.5-402 (1) by a period of time that is more than thirty4
THIRTY-FIVE percent of the sentence.5
(7) Beginning in the fiscal year 2012-13, The general assembly6
may appropriate the savings generated by subsections (1.5) and (6)7
SUBSECTION (6) of this section to recidivism-reduction programs.8
(9) (a) (I) Notwithstanding any provision of this section to the9
contrary, in addition to the earned time authorized in this section, an10
offender who successfully completes a milestone or phase of an11
educational, vocational, therapeutic, or reentry program or who12
demonstrates exceptional conduct that promotes the safety of correctional13
staff, volunteers, contractors, or other persons under the supervision of14
the department of corrections, may be awarded as many as sixty days of15
achievement earned time per program milestone or phase, or per instance16
of exceptional conduct, at the discretion of the executive director; except17
that an offender shall not be awarded more than one hundred twenty days18
of achievement earned time pursuant to this subsection (9).19
(II) T HE DEPARTMENT OF CORRECTIONS SHALL MAKE POLICY20
CHANGES TO MAXIMIZE THE INCENTIVES TO PARTICIPATE IN ACTIVITIES21
THAT AWARD ACHIEVEMENT EARNED TIME FOR OFFENDERS WHO COMMIT22
TO AND PARTICIPATE IN SELF -IMPROVEMENT ACTIVITIES , INCLUDING23
THERAPEUTIC AND EDUCATIONAL PROGRAMMING . APPLICABLE POLICY24
CHANGES MAY INCLUDE, BUT ARE NOT LIMITED TO:25
(A) E NSURING THAT PROGRAMS OF SIMILAR INTENSITY AND26
DURATION ARE AWARDED A SIMILAR NUMBER OF CREDITS;27
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(B) I NCREASING CREDIT AWARDS FOR SUSTAINED , HIGH1
ENGAGEMENT IN WORK ASSIGNMENTS; AND2
(C) I NCREASING CREDIT AWARDS FOR THE COMPLETION OF A3
PROGRAM.4
(III) FOR OFFENDERS WHO SUCCESSFULLY COMPLETE A MILESTONE5
OR PHASE OF A BEHAVIORAL HEALTH PROGRAM IN AN AREA RELATED TO6
RECOVERY FROM A CONDITION THAT CONTRIBUTED TO THE OFFENDER 'S7
UNDERLYING OFFENSE, INCLUDING SUBSTANCE USE TREATMENT, ANGER8
MANAGEMENT, OR OTHER BEHAVIORAL HEALTH NEEDS, AS RECOMMENDED9
BASED ON NEEDS IDENTIFIED ON THE INTAKE ASSESSMENT , THE TOTAL10
ACHIEVEMENT EARNED TIME THAT CAN BE AWARDED PURSUANT TO THIS11
SUBSECTION (9)(a) IS ONE HUNDRED FIFTY DAYS.12
(a.7) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE13
CONTRARY, IN ADDITION TO THE EARNED TIME AUTHORIZED IN THIS14
SECTION, AN OFFENDER WHO DEMONSTRATES EXCEPTIONAL CONDUCT15
THAT PROMOTES THE SAFETY OF CORRECTIONAL STAFF , VOLUNTEERS ,16
CONTRACTORS, OR OTHER PERSONS UNDER THE SUPERVISION OF THE17
DEPARTMENT OF CORRECTIONS MAY BE AWARDED AS MANY AS SIXTY18
DAYS OF ACHIEVEMENT EARNED TIME PER INSTANCE OF EXCEPTIONAL19
CONDUCT, AT THE DISCRETION OF THE EXECUTIVE DIRECTOR; EXCEPT THAT20
AN OFFENDER SHALL NOT BE AWARDED MORE THAN ONE HUNDRED21
TWENTY DAYS OF ACHIEVEMENT EARNED TIME PURSUANT TO THIS22
SUBSECTION (9)(a.7).23
(10) (a) T HERE IS CREATED THE DEPARTMENT OF CORRECTIONS24
COMPREHENSIVE PLANNING WORKING GROUP , REFERRED TO IN THIS25
SECTION AS THE "WORKING GROUP". THE EXECUTIVE DIRECTOR OF THE26
DEPARTMENT, OR THEIR DESIGNEE , SHALL SERVE AS CHAIR OF THE27
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WORKING GROUP . THE WORKING GROUP SHALL DEVELOP1
RECOMMENDATIONS FOR A CAPACITY MANAGEMENT PLAN FOR THE2
DEPARTMENT THAT IS DATA-DRIVEN, ALIGNS WITH BEST PRACTICES, AND3
IS INFORMED BY THE INPUT OF DEPARTMENT STAFF , INCARCERATED4
PEOPLE, VICTIMS , AND OTHER CRIMINAL JUSTICE STAKEHOLDERS AND5
SUBJECT MATTER EXPERTS REGARDING STRATEGIES TO:6
(I) ASSESS EFFICACY, AVAILABILITY, AND GAPS REGARDING PRISON7
PROGRAMMING AND CLINICAL CARE TO MAXIMIZE INMATE8
REHABILITATION AND PREPARATION FOR RELEASE;9
(II) I DENTIFY BOTTLENECKS AND INEFFICIENCIES REGARDING10
INMATE RELEASE PROCESSES , CROSS -AGENCY COORDINATION , VICTIM11
NOTIFICATION AND ENGAGEMENT , AND INMATE RELEASE12
DECISION-MAKING;13
(III) E NSURE THAT APPROPRIATE SUPERVISION , PLACEMENT14
OPTIONS, AND SERVICES ARE AVAILABLE TO IMPROVE SUCCESSFUL15
OUTCOMES FOR PERSONS RELEASED FROM PRISON;16
(IV) M ANAGE GROWTH IN PRISON POPULATION TO AVOID17
OVERCROWDING; AND18
(V) I DENTIFY CHANGES NEEDED TO CURRENT PRISON19
OPERATIONAL CAPACITY, INMATE CLASSIFICATION, OR FACILITY SECURITY20
CLASSIFICATION LEVEL TO MOST COST -EFFECTIVELY ADDRESS CURRENT21
PRISON BED UTILIZATION AND ANY PROJECTED FUTURE PRISON BED NEEDS22
TO ENSURE ALIGNMENT BETWEEN THE CLASSIFICATION LEVEL OF THE23
INMATE POPULATION AND THE SECURITY LEVEL OF PRISON BEDS24
AVAILABLE OR NEEDED.25
(b) THE WORKING GROUP CONSISTS OF:26
(I) T HE EXECUTIVE DIRECTOR OF THE DEPARTMENT , OR THEIR27
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DESIGNEE, WHO IS THE CHAIR OF THE WORKING GROUP;1
(II) T HE EXECUTIVE DIRECTOR OF THE DIVISION OF CRIMINAL2
JUSTICE IN THE DEPARTMENT OF PUBLIC SAFETY, OR THEIR DESIGNEE;3
(III) ONE DISTRICT ATTORNEY, OR THEIR DESIGNEE, APPOINTED BY4
THE EXECUTIVE DIRECTOR OF THE COLORADO DISTRICT ATTORNEYS '5
COUNCIL;6
(IV) ONE PUBLIC DEFENDER, OR THEIR DESIGNEE, APPOINTED BY7
THE STATE PUBLIC DEFENDER;8
(V) O NE SHERIFF , OR THEIR DESIGNEE , APPOINTED BY THE9
PRESIDENT OF THE COUNTY SHERIFFS OF COLORADO BOARD OF DIRECTORS;10
(VI) O NE BEHAVIORAL HEALTH EXPERT OR PROFESSIONAL ,11
APPOINTED BY THE PRESIDENT OF THE SENATE;12
(VII) O NE MEDICAL PROFESSIONAL WITH EXPERIENCE IN13
PRISON-BASED HEALTH SERVICES, APPOINTED BY THE PRESIDENT OF THE14
SENATE;15
(VIII) ONE CRIME VICTIM OR SURVIVOR, OR A REPRESENTATIVE OF16
A GROUP THAT ADVOCATES FOR CRIME VICTIMS OR SURVIVORS, APPOINTED17
BY THE HOUSE MINORITY LEADER;18
(IX) O NE FORMERLY INCARCERATED PERSON , OR A19
REPRESENTATIVE OF A GROUP THAT ADVOCATES FOR INCARCERATED OR20
FORMERLY INCARCERATED PERSONS, APPOINTED BY THE SPEAKER OF THE21
HOUSE;22
(X) ONE REPRESENTATIVE OF AN ORGANIZATION WITH EXPERIENCE23
IN COMMUNITY-BASED RE-ENTRY SERVICES, APPOINTED BY THE SPEAKER24
OF THE HOUSE;25
(XI) ONE CURRENT OR FORMER STATE BOARD OF PAROLE MEMBER,26
APPOINTED BY THE CHAIR OF THE STATE BOARD OF PAROLE;27
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(XII) ONE CURRENT COMMUNITY CORRECTIONS REPRESENTATIVE,1
APPOINTED BY THE SENATE MINORITY LEADER; AND2
(XIII) ONE CURRENT EMPLOYEE OF THE DEPARTMENT, APPOINTED3
BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT.4
(c) M EMBERS OF THE HOUSE OF REPRESENTATIVES JUDICIARY5
COMMITTEE AND THE SENATE JUDICIARY COMMITTEE , OR THEIR6
SUCCESSOR COMMITTEES , AND THE JOINT BUDGET COMMITTEE , MAY7
SUBMIT IN WRITING TO THE CHAIR OF THE WORKING GROUP A REQUEST TO8
PRIORITIZE SPECIFIC ISSUES OR PROVIDE OTHER RELEVANT INFORMATION.9
(d) THE WORKING GROUP MAY REQUEST INFORMATION FROM THE10
DEPARTMENT OF CORRECTIONS AND THE CERTIFIED EMPLOYEE11
ORGANIZATION DEFINED IN SECTION 24-50-1102 FOR PURPOSES OF12
ASSESSING UNDERLYING CONDITIONS AND THE OPERATIONAL FEASIBILITY13
OF RECOMMENDATIONS.14
(e) (I) T HE WORKING GROUP SHALL SOLICIT INPUT FROM15
DEPARTMENT STAFF , THE DEPARTMENT OF PERSONNEL AND16
ADMINISTRATION AND THE CERTIFIED EMPLOYEE ORGANIZATION DEFINED17
IN SECTION 24-50-1102, INMATES, INMATE FAMILIES, CRIME VICTIMS OR18
SURVIVORS, CRIMINAL JUSTICE STAKEHOLDERS , ELECTED OFFICIALS AT19
THE STATE AND LOCAL LEVEL, THE LEGISLATIVE COUNCIL, JOINT BUDGET20
COMMITTEE STAFF, STATE AGENCIES, AND OTHER PERSONS WITH SUBJECT21
MATTER EXPERTISE.22
(II) THE WORKING GROUP SHALL NOT BARGAIN , NEGOTIATE, OR23
OTHERWISE MAKE RECOMMENDATIONS RELATED TO ANY MATTERS THAT24
ARE SUBJECT TO THE EXCLUSIVE PARTNERSHIP PROCESS BETWEEN THE25
STATE AND THE CERTIFIED EMPLOYEE ORGANIZATIONS PURSUANT TO26
SECTION 24-50-1112 (2).27
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(f) THE CHAIR OF THE WORKING GROUP MAY SOLICIT AND ACCEPT1
GIFTS, GRANTS , AND DONATIONS TO SUPPORT THE WORKING GROUP ,2
INCLUDING FOR FACILITATION, RESEARCH, STRATEGIC PLANNING, REPORT3
WRITING, AND SURVEYS OR OTHER METHODS TO PURSUE THE GOALS LISTED4
IN SUBSECTION (10)(a) OF THIS SECTION , IN ACCORDANCE WITH5
APPLICABLE STATE LAWS.6
(g) THE WORKING GROUP SHALL SUBMIT AN INTERIM REPORT TO7
THE GENERAL ASSEMBLY , THE DEPARTMENT 'S CERTIFIED EMPLOYEE8
ORGANIZATION, AND THE GOVERNOR'S OFFICE IN DECEMBER 2026 AND A9
FINAL REPORT ON JUNE 30, 2028.10
(h) THIS SUBSECTION (10) IS REPEALED, EFFECTIVE JANUARY 15,11
2029.12
SECTION 2. Applicability. This act applies to an inmate13
accruing earned time on or after the effective date of this act.14
SECTION 3. Safety clause. The general assembly finds,15
determines, and declares that this act is necessary for the immediate16
preservation of the public peace, health, or safety or for appropriations for17
the support and maintenance of the departments of the state and state18
institutions.19
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