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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
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
3rd Reading Unamended
April 20, 2026
SENATE
Amended 2nd Reading
April 17, 2026
SENATE SPONSORSHIP
Weissman and Gonzales J., Benavidez, Coleman, Exum, Jodeh, Kipp, Marchman,
Sullivan, Wallace
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
(1.5)(a), (1.5)(b), and (9)(a); and add (1.5)(a.5), (9)(a.7) and (10) as3
follows:4
17-22.5-405. Earned time - earned release time - achievement5
earned time - working group - definition - repeal.6
7
(1.5) (a) EXCEPT AS PROVIDED IN SUBSECTION (1.5)(a.5) OF THIS8
SECTION, earned time, not to exceed twelve FOURTEEN days for each9
month of incarceration or parole, may be deducted from an inmate's10
sentence if the inmate:11
(I) Is serving a sentence for a class 4, class 5, or class 6 felony or12
level 3 or level 4 drug felony;13
(II) Has not incurred a class I code of penal discipline violation14
within the twenty-four months immediately preceding the time of15
crediting or during his or her THE INMATE'S entire term of incarceration16
if the term is less than twenty-four months or a class II code of penal17
discipline violation within the twelve months immediately preceding the18
time of crediting or during his or her THE INMATE 'S entire term of19
incarceration if the term is less than twelve months; AND20
(III) Is program-compliant. and21
(IV) Was not convicted of, and has not previously been convicted22
of, a felony crime described in section 18-3-303, 18-3-305, 18-3-306, or23
18-6-701, sections 18-7-402 to 18-7-407, or section 18-12-102 or24
18-12-109, C.R.S., or a felony crime listed in section 24-4.1-302 (1),25
C.R.S.26
159-2-
(a.5) N OTWITHSTANDING THE FOURTEEN -DAY LIMITATION IN1
SUBSECTION (1.5)(a) OF THIS SECTION, AN INMATE CONVICTED OF, OR AN2
INMATE WHO HAS PREVIOUSLY BEEN CONVICTED OF , A FELONY CRIME3
DESCRIBED IN SECTION 18-3-303, 18-3-305, 18-3-306, OR 18-6-701;4
SECTIONS 18-7-402 TO 18-7-407; SECTION 18-12-102 OR 18-12-109; A5
FELONY MOTOR VEHICLE THEFT; OR A FELONY CRIME LISTED IN SECTION6
24-4.1-302 (1), IS LIMITED TO TWELVE DAYS OF EARNED TIME PER MONTH.7
(b) The earned time specified in subsection (1.5)(a) THIS8
SUBSECTION (1.5) of this section may be deducted based upon a9
demonstration to the department by the inmate, which is certified by the10
inmate's case manager or community parole officer, that he or she THE11
INMATE has made positive progress in accordance with performance12
standards established by the department.13
(9) (a) (I) Notwithstanding any provision of this section to the14
contrary, in addition to the earned time authorized in this section, an15
offender who successfully completes a milestone or phase of an16
educational, vocational, therapeutic, or reentry program or who17
demonstrates exceptional conduct that promotes the safety of correctional18
staff, volunteers, contractors, or other persons under the supervision of19
the department of corrections, may be awarded as many as sixty days of20
achievement earned time per program milestone or phase, or per instance21
of exceptional conduct, at the discretion of the executive director; except22
that an offender shall not be awarded more than one hundred twenty days23
of achievement earned time pursuant to this subsection (9).24
(II) T HE DEPARTMENT OF CORRECTIONS SHALL MAKE POLICY25
CHANGES TO MAXIMIZE THE INCENTIVES TO PARTICIPATE IN ACTIVITIES26
THAT AWARD ACHIEVEMENT EARNED TIME FOR OFFENDERS WHO COMMIT27
159-3-
TO AND PARTICIPATE IN SELF -IMPROVEMENT ACTIVITIES , INCLUDING1
THERAPEUTIC AND EDUCATIONAL PROGRAMMING . APPLICABLE POLICY2
CHANGES MAY INCLUDE, BUT ARE NOT LIMITED TO:3
(A) E NSURING THAT PROGRAMS OF SIMILAR INTENSITY AND4
DURATION ARE AWARDED A SIMILAR NUMBER OF CREDITS;5
(B) I NCREASING CREDIT AWARDS FOR SUSTAINED , HIGH6
ENGAGEMENT IN WORK ASSIGNMENTS; AND7
(C) I NCREASING CREDIT AWARDS FOR THE COMPLETION OF A8
PROGRAM.9
(III) FOR OFFENDERS WHO SUCCESSFULLY COMPLETE A MILESTONE10
OR PHASE OF A BEHAVIORAL HEALTH PROGRAM IN AN AREA RELATED TO11
RECOVERY FROM A CONDITION THAT CONTRIBUTED TO THE OFFENDER 'S12
UNDERLYING OFFENSE, INCLUDING SUBSTANCE USE TREATMENT, ANGER13
MANAGEMENT, OR OTHER BEHAVIORAL HEALTH NEEDS, AS RECOMMENDED14
BASED ON NEEDS IDENTIFIED ON THE INTAKE ASSESSMENT , THE TOTAL15
ACHIEVEMENT EARNED TIME THAT CAN BE AWARDED PURSUANT TO THIS16
SUBSECTION (9)(a) IS ONE HUNDRED FIFTY DAYS.17
(a.7) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE18
CONTRARY, IN ADDITION TO THE EARNED TIME AUTHORIZED IN THIS19
SECTION, AN OFFENDER WHO DEMONSTRATES EXCEPTIONAL CONDUCT20
THAT PROMOTES THE SAFETY OF CORRECTIONAL STAFF , VOLUNTEERS ,21
CONTRACTORS, OR OTHER PERSONS UNDER THE SUPERVISION OF THE22
DEPARTMENT OF CORRECTIONS MAY BE AWARDED AS MANY AS SIXTY23
DAYS OF ACHIEVEMENT EARNED TIME PER INSTANCE OF EXCEPTIONAL24
CONDUCT, AT THE DISCRETION OF THE EXECUTIVE DIRECTOR; EXCEPT THAT25
AN OFFENDER SHALL NOT BE AWARDED MORE THAN ONE HUNDRED26
TWENTY DAYS OF ACHIEVEMENT EARNED TIME PURSUANT TO THIS27
159-4-
SUBSECTION (9)(a.7).1
(10) (a) T HERE IS CREATED THE DEPARTMENT OF CORRECTIONS2
COMPREHENSIVE PLANNING WORKING GROUP , REFERRED TO IN THIS3
SECTION AS THE "WORKING GROUP". THE EXECUTIVE DIRECTOR OF THE4
DEPARTMENT, OR THEIR DESIGNEE , SHALL SERVE AS CHAIR OF THE5
WORKING GROUP . THE WORKING GROUP SHALL DEVELOP6
RECOMMENDATIONS FOR A CAPACITY MANAGEMENT PLAN FOR THE7
DEPARTMENT THAT IS DATA-DRIVEN, ALIGNS WITH BEST PRACTICES, AND8
IS INFORMED BY THE INPUT OF DEPARTMENT STAFF , INCARCERATED9
PEOPLE, VICTIMS , AND OTHER CRIMINAL JUSTICE STAKEHOLDERS AND10
SUBJECT MATTER EXPERTS REGARDING STRATEGIES TO:11
(I) ASSESS EFFICACY, AVAILABILITY, AND GAPS REGARDING PRISON12
PROGRAMMING AND CLINICAL CARE TO MAXIMIZE INMATE13
REHABILITATION AND PREPARATION FOR RELEASE;14
(II) I DENTIFY BOTTLENECKS AND INEFFICIENCIES REGARDING15
INMATE RELEASE PROCESSES , CROSS -AGENCY COORDINATION , VICTIM16
NOTIFICATION AND ENGAGEMENT , AND INMATE RELEASE17
DECISION-MAKING;18
(III) E NSURE THAT APPROPRIATE SUPERVISION , PLACEMENT19
OPTIONS, AND SERVICES ARE AVAILABLE TO IMPROVE SUCCESSFUL20
OUTCOMES FOR PERSONS RELEASED FROM PRISON;21
(IV) M ANAGE GROWTH IN PRISON POPULATION TO AVOID22
OVERCROWDING; AND23
(V) I DENTIFY CHANGES NEEDED TO CURRENT PRISON24
OPERATIONAL CAPACITY, INMATE CLASSIFICATION, OR FACILITY SECURITY25
CLASSIFICATION LEVEL TO MOST COST -EFFECTIVELY ADDRESS CURRENT26
PRISON BED UTILIZATION AND ANY PROJECTED FUTURE PRISON BED NEEDS27
159-5-
TO ENSURE ALIGNMENT BETWEEN THE CLASSIFICATION LEVEL OF THE1
INMATE POPULATION AND THE SECURITY LEVEL OF PRISON BEDS2
AVAILABLE OR NEEDED.3
(b) THE WORKING GROUP CONSISTS OF:4
(I) T HE EXECUTIVE DIRECTOR OF THE DEPARTMENT , OR THEIR5
DESIGNEE, WHO IS THE CHAIR OF THE WORKING GROUP;6
(II) T HE EXECUTIVE DIRECTOR OF THE DIVISION OF CRIMINAL7
JUSTICE IN THE DEPARTMENT OF PUBLIC SAFETY, OR THEIR DESIGNEE;8
(III) ONE DISTRICT ATTORNEY, OR THEIR DESIGNEE, APPOINTED BY9
THE EXECUTIVE DIRECTOR OF THE COLORADO DISTRICT ATTORNEYS '10
COUNCIL;11
(IV) ONE PUBLIC DEFENDER, OR THEIR DESIGNEE, APPOINTED BY12
THE STATE PUBLIC DEFENDER;13
(V) O NE SHERIFF , OR THEIR DESIGNEE , APPOINTED BY THE14
PRESIDENT OF THE COUNTY SHERIFFS OF COLORADO BOARD OF DIRECTORS;15
(VI) O NE BEHAVIORAL HEALTH EXPERT OR PROFESSIONAL ,16
APPOINTED BY THE PRESIDENT OF THE SENATE;17
(VII) O NE MEDICAL PROFESSIONAL WITH EXPERIENCE IN18
PRISON-BASED HEALTH SERVICES, APPOINTED BY THE PRESIDENT OF THE19
SENATE;20
(VIII) ONE CRIME VICTIM OR SURVIVOR, OR A REPRESENTATIVE OF21
A GROUP THAT ADVOCATES FOR CRIME VICTIMS OR SURVIVORS, APPOINTED22
BY THE HOUSE MINORITY LEADER;23
(IX) O NE FORMERLY INCARCERATED PERSON , OR A24
REPRESENTATIVE OF A GROUP THAT ADVOCATES FOR INCARCERATED OR25
FORMERLY INCARCERATED PERSONS, APPOINTED BY THE SPEAKER OF THE26
HOUSE;27
159-6-
(X) ONE REPRESENTATIVE OF AN ORGANIZATION WITH EXPERIENCE1
IN COMMUNITY-BASED RE-ENTRY SERVICES, APPOINTED BY THE SPEAKER2
OF THE HOUSE;3
(XI) ONE CURRENT OR FORMER STATE BOARD OF PAROLE MEMBER,4
APPOINTED BY THE CHAIR OF THE STATE BOARD OF PAROLE;5
(XII) ONE CURRENT COMMUNITY CORRECTIONS REPRESENTATIVE,6
APPOINTED BY THE SENATE MINORITY LEADER; AND7
(XIII) ONE CURRENT EMPLOYEE OF THE DEPARTMENT, APPOINTED8
BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT.9
(c) M EMBERS OF THE HOUSE OF REPRESENTATIVES JUDICIARY10
COMMITTEE AND THE SENATE JUDICIARY COMMITTEE , OR THEIR11
SUCCESSOR COMMITTEES , AND THE JOINT BUDGET COMMITTEE , MAY12
SUBMIT IN WRITING TO THE CHAIR OF THE WORKING GROUP A REQUEST TO13
PRIORITIZE SPECIFIC ISSUES OR PROVIDE OTHER RELEVANT INFORMATION.14
(d) THE WORKING GROUP MAY REQUEST INFORMATION FROM THE15
DEPARTMENT OF CORRECTIONS AND THE CERTIFIED EMPLOYEE16
ORGANIZATION DEFINED IN SECTION 24-50-1102 FOR PURPOSES OF17
ASSESSING UNDERLYING CONDITIONS AND THE OPERATIONAL FEASIBILITY18
OF RECOMMENDATIONS.19
(e) (I) T HE WORKING GROUP SHALL SOLICIT INPUT FROM20
DEPARTMENT STAFF , THE DEPARTMENT OF PERSONNEL AND21
ADMINISTRATION AND THE CERTIFIED EMPLOYEE ORGANIZATION DEFINED22
IN SECTION 24-50-1102, INMATES, INMATE FAMILIES, CRIME VICTIMS OR23
SURVIVORS, CRIMINAL JUSTICE STAKEHOLDERS , ELECTED OFFICIALS AT24
THE STATE AND LOCAL LEVEL, THE LEGISLATIVE COUNCIL, JOINT BUDGET25
COMMITTEE STAFF, STATE AGENCIES, AND OTHER PERSONS WITH SUBJECT26
MATTER EXPERTISE.27
159-7-
(II) THE WORKING GROUP SHALL NOT BARGAIN , NEGOTIATE , OR1
OTHERWISE MAKE RECOMMENDATIONS RELATED TO ANY MATTERS THAT2
ARE SUBJECT TO THE EXCLUSIVE PARTNERSHIP PROCESS BETWEEN THE3
STATE AND THE CERTIFIED EMPLOYEE ORGANIZATIONS PURSUANT TO4
SECTION 24-50-1112 (2).5
(f) THE CHAIR OF THE WORKING GROUP MAY SOLICIT AND ACCEPT6
GIFTS, GRANTS , AND DONATIONS TO SUPPORT THE WORKING GROUP ,7
INCLUDING FOR FACILITATION, RESEARCH, STRATEGIC PLANNING, REPORT8
WRITING, AND SURVEYS OR OTHER METHODS TO PURSUE THE GOALS LISTED9
IN SUBSECTION (10)(a) OF THIS SECTION , IN ACCORDANCE WITH10
APPLICABLE STATE LAWS.11
(g) THE WORKING GROUP SHALL SUBMIT AN INTERIM REPORT TO12
THE GENERAL ASSEMBLY , THE DEPARTMENT 'S CERTIFIED EMPLOYEE13
ORGANIZATION, AND THE GOVERNOR'S OFFICE IN DECEMBER 2026 AND A14
FINAL REPORT ON JUNE 30, 2028.15
(h) THIS SUBSECTION (10) IS REPEALED, EFFECTIVE JANUARY 15,16
2029.17
SECTION 2. Applicability. This act applies to an inmate18
accruing earned time on or after the effective date of this act.19
SECTION 3. Safety clause. The general assembly finds,20
determines, and declares that this act is necessary for the immediate21
preservation of the public peace, health, or safety or for appropriations for22
the support and maintenance of the departments of the state and state23
institutions.24
159-8-