Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-1118.01 Anna Petrini x5497
HOUSE BILL 24-1433
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING REMOVING THE GOVERNOR 'S APPROVAL REQUIREMENT101
IN EARLY PAROLE DECISIONS FOR PARTICIPANTS IN A102
SPECIALIZED PROGRAM FOR OFFENDERS WHO COMMITTED AN103
OFFENSE WHEN UNDER TWENTY -ONE YEARS OF AGE.104
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
.)
Current law creates a specialized program (program) for offenders
who were sentenced to an adult prison for certain felony offenses
committed while the offender was under 21 years of age. Current law
permits an offender who successfully completes the program to apply to
HOUSE SPONSORSHIP
Clifford,
SENATE SPONSORSHIP
Gonzales,
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. the governor for early parole, which the governor may grant under certain
conditions. Current law requires the state board of parole to review the
application, conduct a hearing, and make a recommendation to the
governor concerning whether early parole should be granted. The bill
removes the requirement for the governor's approval of an early parole
application by an offender who completes the program and instead gives
the parole board the authority to grant early parole.
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)(b); and repeal (4.5)(a) as follows:3
17-22.5-403. Parole eligibility. (4.5) (a) After considering any
4
relevant evidence presented by any person or agency and considering the5
presumptions set forth in section 17-34-102 (8), the governor may grant6
early parole to an offender to whom subsection (1) or (2.5) of this section7
applies when the offender successfully completes the specialized program8
described in section 17-34-102 if, in the governor's opinion, extraordinary9
mitigating circumstances exist and the offender's release from10
institutional custody is compatible with the safety and welfare of society.11
(b) When an offender applies for early parole pursuant to12
paragraph (a) of this subsection (4.5) after having successfully completed13
the specialized program described in section 17-34-102, the offender shall14
make his or her THE OFFENDER'S application to the governor's office with15
notice and a copy of the application sent to the state board of parole16
created in section 17-2-201. The state board of parole shall review the17
offender's application and all supporting documents and schedule a18
hearing if the board considers making a recommendation for GRANTING19
early parole, at which hearing any victim must have the opportunity to be20
heard, pursuant to section 24-4.1-302.5 (1)(j). C.R.S. Not later than ninety21
days after receipt of a copy of an offender's application for early parole,22
HB24-1433-2- the state board of parole, after considering ANY RELEVANT EVIDENCE1
PRESENTED BY ANY PERSON OR AGENCY AND AFTER CONSIDERING the2
presumptions set forth in section 17-34-102 (8), shall make a3
recommendation to the governor concerning DECISION whether OR NOT TO4
GRANT early parole should be granted to the offender.5
SECTION 2. In Colorado Revised Statutes, 17-22.5-403.7,6
amend (2) and (6)(a) as follows:7
17-22.5-403.7. Parole eligibility - youthful offender - juvenile8
offender convicted as adult - definition. (2) After considering any9
relevant evidence presented by any person or agency and considering the10
presumptions set forth in section 17-34-102 (8), the governor STATE11
BOARD OF PAROLE may grant parole to an inmate prior to the inmate's12
parole eligibility date if, in the governor's opinion OF THE STATE BOARD13
OF PAROLE, extraordinary mitigating circumstances exist and the inmate's14
release from institutional custody is compatible with the safety and15
welfare of society. However, nothing in this section grants the governor16
STATE BOARD OF PAROLE the authority to grant early parole pursuant to17
the provisions of this section to an inmate serving a sentence of life18
without the possibility of parole.19
(6) (a) When an offender applies for early parole pursuant to this20
section after having successfully completed the specialized program21
described in section 17-34-102, the offender shall make his or her THE22
OFFENDER'S application to the governor's office with notice and a copy of23
the application sent to the state board of parole created in section24
17-2-201. The state board of parole shall review the offender's application25
and all supporting documents and schedule a hearing if the board26
considers making a recommendation for GRANTING early parole, at which27
HB24-1433
-3- hearing any victim must have the opportunity to be heard, pursuant to1
section 24-4.1-302.5 (1)(j). C.R.S. Not later than ninety days after receipt2
of a copy of an offender's application for early parole, the state board of3
parole, after considering
ANY RELEVANT EVIDENCE PRESENTED BY ANY4
PERSON OR AGENCY AND AFTER CONSIDERING the presumptions set forth5
in section 17-34-102 (8), shall make a recommendation to the governor
6
concerning DECISION whether OR NOT TO GRANT early parole should be7
granted to the offender.8
SECTION 3. In Colorado Revised Statutes, 17-34-102, amend9
(9) introductory portion and (9)(j) as follows:10
17-34-102. Specialized program for juveniles and young adults11
convicted as adults and young adults convicted under twenty-one12
years of age - report - definition. (9) On and after January 1, 2018,13
during its annual presentation before the joint judiciary committee of the14
general assembly, or any successor joint committee, pursuant to section15
2-7-203, C.R.S., the department shall include a status report regarding the16
progress and outcomes of the specialized program developed and17
implemented by the department pursuant to this section during the18
preceding year. The report, at a minimum, shall MUST include:19
(j) The number of specialized program participants who were20
granted early parole by the governor PAROLE BOARD.21
SECTION 4. Safety clause. The general assembly finds,22
determines, and declares that this act is necessary for the immediate23
preservation of the public peace, health, or safety or for appropriations for24
the support and maintenance of the departments of the state and state25
institutions.26
HB24-1433
-4-