Colorado 2024 Regular Session

Colorado House Bill HB1433 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Second Regular Session
2	2		Seventy-fourth General Assembly
3	3		STATE OF COLORADO
4		-	~~REENGROSSED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the House of Introduction
	4	+	ENGROSSED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the House of Introduction
7	7		LLS NO. 24-1118.01 Anna Petrini x5497
8	8		HOUSE BILL 24-1433
9	9		House Committees Senate Committees
10	10		Judiciary
11	11		A BILL FOR AN ACT
12	12		C
13	13		ONCERNING REMOVING THE GOVERNOR 'S APPROVAL REQUIREMENT101
14	14		IN EARLY PAROLE DECISIONS FOR PARTICIPANTS IN A102
15	15		SPECIALIZED PROGRAM FOR OFFENDERS WHO COMMITTED AN103
16	16		OFFENSE WHEN UNDER TWENTY -ONE YEARS OF AGE.104
17	17		Bill Summary
18	18		(Note: This summary applies to this bill as introduced and does
19	19		not reflect any amendments that may be subsequently adopted. If this bill
20	20		passes third reading in the house of introduction, a bill summary that
21	21		applies to the reengrossed version of this bill will be available at
22	22		http://leg.colorado.gov
23	23		.)
24	24		Current law creates a specialized program (program) for offenders
25	25		who were sentenced to an adult prison for certain felony offenses
26	26		committed while the offender was under 21 years of age. Current law
27	27		permits an offender who successfully completes the program to apply to
28	28		HOUSE
29		-	3rd Reading Unamended
30		-	April 25, 2024
31		-	HOUSE
32	29		2nd Reading Unamended
33	30		April 24, 2024
34	31		HOUSE SPONSORSHIP
35		-	Clifford, Amabile, Epps, Froelich, Herod, Lieder, Lindsay, Mabrey, Mauro, Ortiz, Ricks,
36		-	Rutinel, Vigil
	32	+	Clifford,
37	33		SENATE SPONSORSHIP
38	34		Gonzales,
39	35		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
40	36		Capital letters or bold & italic numbers indicate new material to be added to existing law.
41	37		Dashes through the words or numbers indicate deletions from existing law. the governor for early parole, which the governor may grant under certain
42	38		conditions. Current law requires the state board of parole to review the
43	39		application, conduct a hearing, and make a recommendation to the
44	40		governor concerning whether early parole should be granted. The bill
45	41		removes the requirement for the governor's approval of an early parole
46	42		application by an offender who completes the program and instead gives
47	43		the parole board the authority to grant early parole.
48	44		Be it enacted by the General Assembly of the State of Colorado:1
49	45		SECTION 1. In Colorado Revised Statutes, 17-22.5-403, amend2
50	46		(4.5)(b); and repeal (4.5)(a) as follows:3
51	47		17-22.5-403. Parole eligibility. (4.5) (a) After considering any
52	48		4
53	49		relevant evidence presented by any person or agency and considering the5
54	50		presumptions set forth in section 17-34-102 (8), the governor may grant6
55	51		early parole to an offender to whom subsection (1) or (2.5) of this section7
56	52		applies when the offender successfully completes the specialized program8
57	53		described in section 17-34-102 if, in the governor's opinion, extraordinary9
58	54		mitigating circumstances exist and the offender's release from10
59	55		institutional custody is compatible with the safety and welfare of society.11
60	56		(b) When an offender applies for early parole pursuant to12
61	57		paragraph (a) of this subsection (4.5) after having successfully completed13
62	58		the specialized program described in section 17-34-102, the offender shall14
63	59		make his or her THE OFFENDER'S application to the governor's office with15
64	60		notice and a copy of the application sent to the state board of parole16
65	61		created in section 17-2-201. The state board of parole shall review the17
66	62		offender's application and all supporting documents and schedule a18
67	63		hearing if the board considers making a recommendation for GRANTING19
68	64		early parole, at which hearing any victim must have the opportunity to be20
69	65		heard, pursuant to section 24-4.1-302.5 (1)(j). C.R.S. Not later than ninety21
70	66		days after receipt of a copy of an offender's application for early parole,22
71	67		1433-2- the state board of parole, after considering ANY RELEVANT EVIDENCE1
72	68		PRESENTED BY ANY PERSON OR AGENCY AND AFTER CONSIDERING the2
73	69		presumptions set forth in section 17-34-102 (8), shall make a3
74	70		recommendation to the governor concerning DECISION whether OR NOT TO4
75	71		GRANT early parole should be granted to the offender.5
76	72		SECTION 2. In Colorado Revised Statutes, 17-22.5-403.7,6
77	73		amend (2) and (6)(a) as follows:7
78	74		17-22.5-403.7. Parole eligibility - youthful offender - juvenile8
79	75		offender convicted as adult - definition. (2) After considering any9
80	76		relevant evidence presented by any person or agency and considering the10
81	77		presumptions set forth in section 17-34-102 (8), the governor STATE11
82	78		BOARD OF PAROLE may grant parole to an inmate prior to the inmate's12
83	79		parole eligibility date if, in the governor's opinion OF THE STATE BOARD13
84	80		OF PAROLE, extraordinary mitigating circumstances exist and the inmate's14
85	81		release from institutional custody is compatible with the safety and15
86	82		welfare of society. However, nothing in this section grants the governor16
87	83		STATE BOARD OF PAROLE the authority to grant early parole pursuant to17
88	84		the provisions of this section to an inmate serving a sentence of life18
89	85		without the possibility of parole.19
90	86		(6) (a) When an offender applies for early parole pursuant to this20
91	87		section after having successfully completed the specialized program21
92	88		described in section 17-34-102, the offender shall make his or her THE22
93	89		OFFENDER'S application to the governor's office with notice and a copy of23
94	90		the application sent to the state board of parole created in section24
95	91		17-2-201. The state board of parole shall review the offender's application25
96	92		and all supporting documents and schedule a hearing if the board26
97	93		considers making a recommendation for GRANTING early parole, at which27
98	94		1433
99	95		-3- hearing any victim must have the opportunity to be heard, pursuant to1
100	96		section 24-4.1-302.5 (1)(j). C.R.S. Not later than ninety days after receipt2
101	97		of a copy of an offender's application for early parole, the state board of3
102	98		parole, after considering
103	99		ANY RELEVANT EVIDENCE PRESENTED BY ANY4
104	100		PERSON OR AGENCY AND AFTER CONSIDERING the presumptions set forth5
105	101		in section 17-34-102 (8), shall make a recommendation to the governor
106	102		6
107	103		concerning DECISION whether OR NOT TO GRANT early parole should be7
108	104		granted to the offender.8
109	105		SECTION 3. In Colorado Revised Statutes, 17-34-102, amend9
110	106		(9) introductory portion and (9)(j) as follows:10
111	107		17-34-102. Specialized program for juveniles and young adults11
112	108		convicted as adults and young adults convicted under twenty-one12
113	109		years of age - report - definition. (9) On and after January 1, 2018,13
114	110		during its annual presentation before the joint judiciary committee of the14
115	111		general assembly, or any successor joint committee, pursuant to section15
116	112		2-7-203, C.R.S., the department shall include a status report regarding the16
117	113		progress and outcomes of the specialized program developed and17
118	114		implemented by the department pursuant to this section during the18
119	115		preceding year. The report, at a minimum, shall MUST include:19
120	116		(j) The number of specialized program participants who were20
121	117		granted early parole by the governor PAROLE BOARD.21
122	118		SECTION 4. Safety clause. The general assembly finds,22
123	119		determines, and declares that this act is necessary for the immediate23
124	120		preservation of the public peace, health, or safety or for appropriations for24
125	121		the support and maintenance of the departments of the state and state25
126	122		institutions.26
127	123		1433
128	124		-4-