First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0731.01 Jerry Barry x4341
HOUSE BILL 25-1214
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING MEASURES TO MAKE A PPROPRIATE USE OF PRISON BEDS .101
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
.)
Before an individual is sentenced to the department of corrections
(department) for a class 5 or 6 felony, the bill requires the court to review
certain available information and to make additional findings.
The bill directs the executive director of the department (executive
director) to notify the sentencing court that a person sentenced to prison
for certain lower-class felonies is either past or within 90 days or less of
the person's parole eligibility date.
The bill adds certified recovery residences to the lists of possible
HOUSE SPONSORSHIP
Clifford,
SENATE SPONSORSHIP
Gonzales J.,
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. treatment or recovery options for a parolee.
The bill eliminates the requirement that a parolee who tests
positive for drugs or alcohol must pay for any treatment program ordered
as a new condition of parole.
The bill repeals provisions that require approval by a majority of
the members of the state board of parole (state board) for a denial of
parole to certain low- or very low-risk inmates. The bill replaces these
provisions by creating a presumption that certain low- or very low-risk
inmates who have reached their parole eligibility dates will be granted
parole. The bill also requires the state board to provide a monthly report
to the department on the status of hearings for these low- and very
low-risk inmates.
If an offender is otherwise eligible for parole or placement in a
community corrections program but has an outstanding warrant or
detainer, the parole board or the executive director shall notify the public
defender liaison, who shall determine if the warrant or detainer may be
resolved and notify the executive director of the outcome.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds:3
(a) The department of corrections' budget has grown by over4
$246.7 million over the past six years, and its fiscal year 2024-25 budget5
is almost $1.2 billion;6
(b) Prison population projections indicate continued growth in the7
prison population, and the department has requested an additional 4278
male prison beds in its initial budget request for fiscal year 2025-26;9
(c) It is essential that the state's costly prison resources are used10
for those offenders for whom a different sentence is not appropriate or11
will not properly meet the goals of community safety and rehabilitation12
of the offender;13
(d) Making changes to internal processes within the department14
of corrections and parole board can result in better utilization of prison15
beds;16
HB25-1214-2- (e) Over 10% of persons admitted to prison as a new court1
commitment are past or within 90 days or less of their parole eligibility2
date upon admission to prison, especially if the conviction was for a3
lower-level felony or drug felony. Courts, defense counsel, and4
prosecutors do not have sentence time computation information at the5
time of sentencing.6
(f) Given that these new prison admissions are past or close to7
their parole eligibility date, the department of corrections will be unlikely8
to be able to provide education, treatment, or other rehabilitative9
programs prior to release. Requiring the department of corrections to10
notify the court when a new prison admission convicted of a lower-level11
felony is past or near their parole eligibility date allows the court to12
reconsider whether a sentence to prison is the most appropriate sentence13
with input from the prosecutor, defense counsel, and any victim.14
(g) The number of people approved by community corrections as15
transition clients from prison has declined in recent years. In current law,16
inmates with a detainer or warrant are ineligible for referral to community17
corrections. Since that law went into effect, a new position was created18
within the office of state public defender to serve as a liaison to the19
department of corrections and parole board to assist with legal matters20
including warrants and detainers, special needs parole, and competency.21
Limiting the exclusionary criteria to only those situations when the22
warrant and detainer cannot be resolved may enable the public defender23
liaison to resolve outstanding warrants and detainers, creating a larger24
pool of potential applicants who can be considered by the community25
corrections boards and community corrections programs.26
(h) Current law allows the parole board to deny parole to an27
HB25-1214
-3- inmate by a majority vote of the parole board when the inmate is assessed1
to be low or very low risk, has good institutional conduct, is program2
compliant, has an approved parole plan, has not been regressed from3
community corrections or parole within the past 180 days, does not have4
a warrant or detainer, and the parole release guidelines recommend5
release. Requiring that the inmate have an approved parole plan prior to6
release, rather than at the time of the parole hearing, provides greater7
flexibility for the parole board to work with the department of corrections8
if the parole board believes the parole plan is not adequate. Similarly, the9
criteria that makes an inmate ineligible for parole due to a warrant or10
detainer was enacted prior to the creation of the public defender liaison,11
and this exclusionary criterion should only be applied if the public12
defender liaison is unable to resolve the warrant or detainer.13
SECTION 2. In Colorado Revised Statutes, 16-11-301, amend14
(1); and add (5) as follows:15
16-11-301. Sentences - commitments - correctional facilities -16
county jail - age limit. (1) (a) As a general rule, imprisonment for the17
conviction of a felony by an adult offender shall be IS served by18
confinement in an appropriate facility as determined by the executive19
director of the department of corrections. In such cases, the court will20
SHALL sentence the offender to the custody of the executive director of21
the department of corrections.22
(b) (I) P
RIOR TO THE IMPOSITION OF A SENTENCE TO THE23
DEPARTMENT OF CORRECTIONS FOR A CONVICTION OF A CLASS 5 FELONY24
OR CLASS 6 FELONY AT SENTENCING OR AT RESENTENCING AFTER A25
REVOCATION OF PROBATION OR COMMUNITY CORRECTIONS SENTENCE , THE26
COURT SHALL DETERMINE THAT :27
HB25-1214
-4- (A) INCARCERATION IS THE MOST SUITABLE OPTION GIVEN THE1
FACTS AND CIRCUMSTANCES OF THE CASE ; AND2
(B) A
LL OTHER REASONABLE AND APPROPRIATE SANCTIONS AND3
SUPPORTIVE SERVICES AVAILABLE TO THE COURT HAVE BEEN TRIED AND4
FAILED, DO NOT APPEAR LIKELY TO BE SUCCESSFUL IF TRIED, OR PRESENT5
AN UNACCEPTABLE RISK TO PUBLIC SAFETY .6
(II) I
N MAKING THE DETERMINATION DESCRIBED IN SUBSECTION7
(1)(b)(I)
OF THIS SECTION, THE COURT SHALL REVIEW, TO THE EXTENT8
AVAILABLE, THE INFORMATION PROVIDED BY THE SUPERVISING AGENCY ,9
WHICH MUST INCLUDE A COMPLETE STATEMENT AS TO WHAT TREATMENT10
AND SENTENCING OPTIONS HAVE BEEN TRIED AND HAVE FAILED , WHAT11
OTHER COMMUNITY OPTIONS ARE AVAILABLE , AND THE REASONS WHY12
OTHER AVAILABLE COMMUNITY OPTIONS APPEAR TO BE UNLIKELY TO BE13
SUCCESSFUL. THE SUPERVISING AGENCY SHALL PROVIDE TO THE COURT14
THE RISK LEVEL OF THE OFFENDER AS DETERMINED BY AN15
EVIDENCE-BASED RISK ASSESSMENT TOOL EMPLOYED BY THE SUPERVISING16
AGENCY AND ANY OTHER INFORMATION RELEVANT TO THE OFFENDER 'S17
RISK TO PUBLIC SAFETY.18
(5) I
F A SENTENCING COURT RECEIVES A NOTICE FROM THE19
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS PURSUANT20
TO SECTION 17-1-103 (1)(s) THAT, AT THE TIME OF ADMISSION , AN21
OFFENDER SENTENCED TO PRISON BY THE COURT IS EITHER PAST OR22
WITHIN NINETY DAYS OF THE OFFENDER'S PAROLE ELIGIBILITY DATE IN THE23
SENTENCED CASE, THE COURT SHALL NOTIFY COUNSEL FOR THE24
DEFENDANT AND THE PROSECUTION AND REQUEST THAT THE DEFENDANT25
FILE A MOTION IF THE DEFENDANT WANTS TO MOVE FOR26
RECONSIDERATION. IF THE COURT RECEIVES A MOTION FOR27
HB25-1214
-5- RECONSIDERATION, THE COURT SHALL SCHEDULE A HEARING ON THE1
MOTION WITHIN THIRTY-FIVE DAYS AFTER FILING AND, AT THE HEARING,2
MAY IMPOSE AN ALTERNATIVE SENTENCE .3
SECTION 3. In Colorado Revised Statutes, 17-1-103, add (1)(s)4
as follows:5
17-1-103. Duties of the executive director. (1) The duties of the6
executive director are:7
(s) I
F AN OFFENDER IS ADMITTED TO THE CUSTODY OF THE8
EXECUTIVE DIRECTOR AS A NEW COURT COMMITMENT SERVING A9
SENTENCE FOR A CLASS 5 OR CLASS 6 FELONY OR A CLASS 3 OR CLASS 410
DRUG FELONY AND THE OFFENDER IS DETERMINED BY THE DEPARTMENT11
AT ADMISSION TO BE PAST OR WITHIN NINETY DAYS OF THE OFFENDER 'S12
PAROLE ELIGIBILITY DATE, THE DEPARTMENT SHALL NOTIFY THE13
SENTENCING COURT WITHIN FOURTEEN DAYS AFTER ADMISSION AND14
PROVIDE THE COURT WITH INFORMATION ON THE PAROLE ELIGIBILITY15
DATE, THE MANDATORY RELEASE DATE , AND THE RESULTS OF ANY INTAKE16
ASSESSMENTS FOR THE OFFENDER .17
SECTION 4. In Colorado Revised Statutes, 17-2-201, amend18
(3)(h.1)(I), (4)(f)(I)(B), (4)(f)(I)(C), (5)(c)(II) introductory portion,19
(5.5)(d)(I), (5.7) introductory portion, and (5.7)(a); and repeal20
(4)(f)(I)(D), (4)(f)(I)(E), and (19) as follows:21
17-2-201. State board of parole - duties - definitions. (3) The22
chairperson, in addition to other provisions of law, has the following23
powers and duties:24
(h.1) To contract with qualified individuals to serve as release25
hearing officers:26
(I) To conduct parole application hearings for inmates convicted27
HB25-1214
-6- of class 4, class 5, or class 6 felonies or level 3 or level 4 drug felonies1
who have been assessed to be less than high risk by the Colorado risk2
assessment scale developed pursuant to section 17-22.5-404 (2)(a); or3
hearings pursuant to subsection (19) of this section pursuant to rules4
adopted by the parole board; and5
(4) The board has the following powers and duties:6
(f) (I) To conduct an initial or subsequent parole release review7
in lieu of a hearing, without the presence of the inmate, if:8
(B) A detainer from the United States immigration and customs9
enforcement agency has been filed with the department, the inmate meets10
the criteria for the presumption of parole in section 17-22.5-404.7, and11
victim notification is not required pursuant to section 24-4.1-302.5;
OR12
(C) The inmate has a statutory discharge date or mandatory13
release date within six months after his or her
THE INMATE'S next14
ordinarily scheduled parole hearing and victim notification is not required15
pursuant to section 24-4.1-302.5.16
(D) The inmate is assessed to be a low or very low risk on the17
validated risk assessment instrument developed pursuant to section18
17-22.5-404 (2), the inmate meets readiness criteria established by the19
board, and victim notification is not required pursuant to section20
24-4.1-302.5; or21
(E) The inmate is subject to subsection (19) of this section.22
(5) (c) (II) Except if the offender is subject to subsection (19) of23
this section, If the offender fails to pay the restitution, he or she THE24
OFFENDER may be returned to the board and, upon proof of failure to pay,25
the board shall:26
(5.5) (d) (I) If a chemical test administered pursuant to the27
HB25-1214
-7- requirements of this subsection (5.5) reflects the presence of drugs or1
alcohol, the parolee may be required to participate at his own expense in2
an appropriate drug or alcohol program; community correctional3
nonresidential program; mental health program;
CERTIFIED RECOVERY4
RESIDENCE, AS DEFINED IN SECTION 27-80-129; or other fee-based or5
non-fee-based treatment program approved by the parole board.6
(5.7) If, as a condition of parole, an offender is required to7
undergo counseling, or
treatment, OR PARTICIPATE IN A CERTIFIED8
RECOVERY RESIDENCE, AS DEFINED IN SECTION 27-80-129, unless the9
parole board determines that treatment at another facility or with another10
person is warranted, the treatment or counseling must be at a facility or11
with a person:12
(a) Approved by the behavioral health administration in the13
department of human services if the treatment is for alcohol or drug abuse14
OR A CERTIFIED RECOVERY RESIDENCE, AS DEFINED IN SECTION 27-80-129;15
(19) (a) Except as provided in subsection (19)(b) of this section,
16
if a person has an approved parole plan, has been assessed to be low or17
very low risk on the validated risk assessment scale developed pursuant18
to section 17-22.5-404 (2), and the parole release guidelines recommend19
release, the parole board may deny parole only by a majority vote of the20
full parole board.21
(b) An inmate is not eligible for release pursuant to subsection22
(19)(a) of this section if he or she has had a class I code of penal23
discipline violation within the previous twelve months from the date of24
consideration by the parole board or since incarceration, whichever is25
shorter; has been terminated for lack of progress or has declined in26
writing to participate in programs that have been recommended and made27
HB25-1214
-8- available to the inmate within the previous twelve months or since1
incarceration, whichever is shorter; has been regressed from community2
corrections or revoked from parole within the previous one hundred3
eighty days; is required to be considered by the full board for release; or4
has a pending felony charge, detainer, or an extraditable warrant.5
(c) If the parole board denies parole to an inmate pursuant to6
subsection (19)(a) of this section, the board shall submit to the department7
the basis for the denial in writing.8
SECTION 5. In Colorado Revised Statutes, 17-2-203, amend9
(1.5)(c), (11)(c) introductory portion, and (11)(e); and add (11)(c)(III) as10
follows:11
17-2-103. Arrest of parolee - revocation proceedings.12
(1.5) (c) A community parole officer shall also make referrals to any13
needed treatment,
CERTIFIED RECOVERY RESIDENCE , AS DEFINED IN14
SECTION 27-80-129, or other support services that may help a parolee15
become compliant with the conditions of parole and succeed in16
reintegrating into society. For the purposes of this section, testing positive17
for the use of illegal drugs is considered a technical violation of parole.18
(11) (c) If the board determines that the parolee is in need of19
treatment, the board shall consider placing the parolee in one of the20
following treatment
OR RECOVERY options and, if appropriate, may21
modify the conditions of parole to include:22
(III) P
LACEMENT IN A CERTIFIED RECOVERY RESIDENCE , AS23
DEFINED IN SECTION 27-80-129.24
(e) If the parolee is unsuccessful in participating in a treatment
OR25
RECOVERY program ordered pursuant to paragraph (c) of this subsection
26
(11) SUBSECTION (11)(c) OF THIS SECTION and his or her THE PAROLEE'S27
HB25-1214
-9- participation is terminated, the board may consider placement of the1
parolee in additional treatment, as appropriate, including a higher level of2
treatment
OR IN A CERTIFIED RECOVERY RESIDENCE , AS DEFINED IN3
SECTION 27-80-129.4
SECTION 6. In Colorado Revised Statutes, add 17-22.5-404.95
as follows:6
17-22.5-404.9. Presumption of parole - low- and very low-risk7
offenders - assessment - report. (1) T
HERE IS A PRESUMPTION, SUBJECT8
TO THE FINAL DISCRETION OF THE PAROLE BOARD, IN FAVOR OF GRANTING9
PAROLE AT THE FIRST OR A SUBSEQUENT PAROLE APPLICATION HEARING TO10
AN INMATE WHO HAS REACHED THEIR PAROLE ELIGIBILITY DATE AND WHO :11
(a) H
AS BEEN ASSESSED TO BE LOW OR VERY LOW RISK ON THE12
VALIDATED RISK ASSESSMENT SCALE DEVELOPED PURSUANT TO SECTION13
17-22.5-404 (2)(a),
AND THE ADMINISTRATIVE RELEASE GUIDELINE14
INSTRUMENT DEVELOPED PURSUANT TO SECTION 17-22.5-107 (1)15
RECOMMENDS RELEASE ;16
(b) H
AS NOT INCURRED A CLASS I CODE OF PENAL DISCIPLINE17
VIOLATION WITHIN THE PREVIOUS TWELVE MONTHS AFTER THE DATE OF18
CONSIDERATION BY THE PAROLE BOARD OR SINCE INCARCERATION ,19
WHICHEVER IS SHORTER;20
(c) H
AS NOT, WITHIN THE TWELVE MONTHS PRECEDING THE21
INMATE'S PAROLE APPLICATION HEARING , DECLINED IN WRITING TO22
PARTICIPATE IN PROGRAMS THAT HAVE BEEN RECOMMENDED AND MADE23
AVAILABLE TO THE INMATE;24
(d) W
AS NOT CONVICTED OF A CLASS 1 DRUG FELONY OFFENSE, A25
CLASS 1, CLASS 2, OR CLASS 3 FELONY OFFENSE, AND IS NOT SERVING AN26
INDETERMINATE SENTENCE PURSUANT TO SECTION 18-1.3-1004; AND27
HB25-1214
-10- (e) HAS NOT BEEN REGRESSED FROM COMMUNITY CORRECTIONS OR1
REVOKED FROM PAROLE WITHIN THE PREVIOUS ONE HUNDRED EIGHTY2
DAYS.3
(2) I
F THE DEPARTMENT DID NOT SUBMIT AN APPROVED PAROLE4
PLAN PRIOR TO THE PAROLE APPLICATION HEARING OR THE PAROLE BOARD5
CONSIDERS THE SUBMITTED PAROLE PLAN TO BE I NADEQUATE , THE PAROLE6
BOARD OR AN INDIVIDUAL MEMBER OF THE PAROLE BOARD SHALL NOT7
DENY PAROLE AND SHALL PROCEED PURSUANT TO SECTION 17-2-201 (20).8
(3) I
F AN INMATE WHO OTHERWISE MEETS THE CRITERIA OF9
SUBSECTION (1) OF THIS SECTION HAS A DETAINER OR A WARRANT , THE10
PAROLE BOARD SHALL DELAY THE HEARING OR ORDER A CONDITIONAL11
RELEASE AND NOTIFY THE PUBLIC DEFENDER LIAISON TO DETERMINE IF12
THE WARRANT OR DETAINER MAY BE RESOLVED . THE PUBLIC DEFENDER13
LIAISON SHALL NOTIFY THE PAROLE BOARD OF THE OUTCOME , AND, IF THE14
WARRANT OR DETAINER HAS BEEN REMOVED , THE PAROLE BOARD MAY15
ORDER RELEASE OF THE INMATE . IF THE DETAINER OR WARRANT IS NOT16
ABLE TO BE RESOLVED, THE PAROLE BOARD MAY ONLY RELEASE THE17
INMATE TO THE CUSTODY OF THE AGENCY THAT ISSUED THE WARRANT OR18
DETAINER.19
(4) I
F THE ADMINISTRATIVE RELEASE GUIDELINE INSTRUMENT20
DEVELOPED PURSUANT TO SECTION 17-22.5-107 (1) RECOMMENDS21
RELEASE, THE PAROLE BOARD SHALL ONLY DENY PAROLE BY A MAJORITY22
VOTE OF THE FULL PAROLE BOARD.23
(5) I
F THE PAROLE BOARD DENIES PAROLE TO AN INMATE24
PURSUANT TO THIS SECTION, THE PAROLE BOARD SHALL SUBMIT TO THE25
DEPARTMENT AND THE INMATE THE REASONS FOR THE DENIAL IN WRITING .26
(6) T
HE DEPARTMENT SHALL ENSURE THAT EVERY INMATE HAS27
HB25-1214
-11- BEEN ASSESSED ON THE VALIDATED RISK ASSESSMENT SCALE DEVELOPED1
PURSUANT TO SECTION 17-22.5-404 (2) AND THAT THE PAROLE BOARD HAS2
THE RESULTS OF THAT ASSESSMENT PRIOR TO AN INMATE 'S PAROLE3
APPLICATION HEARING.4
(7) T
HE PAROLE BOARD SHALL PROVIDE A MONTHLY REPORT TO5
THE DEPARTMENT FOR INCLUSION IN THE DEPARTMENT 'S MONTHLY6
REPORTS ON THE NUMBER OF HEARINGS CONDUCTED THAT MET THE7
CRITERIA PURSUANT TO THIS SECTION; THE NUMBER OF DECISIONS BY THE8
PAROLE BOARD TO GRANT PAROLE , DEFER PAROLE, OR DELAY THE9
HEARING; AND, IF PAROLE WAS DEFERRED OR THE HEARING DELAYED , THE10
GENERAL REASON FOR THE DEFERRAL OR DELAY . THE INFORMATION MUST11
BE PROVIDED BOTH FOR THE REPORTING MONTH AND YEAR TO DATE . THE12
REPORT IS POSTED ON THE DEPARTMENT 'S WEBSITE.13
(8) W
ITHIN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS14
SECTION, THE DEPARTMENT SHALL IDENTIFY INMATES WHO MEET THE15
CRITERIA DESCRIBED IN SUBSECTION (1) OF THIS SECTION AND PROVIDE A16
LIST TO THE PAROLE BOARD. THE PAROLE BOARD SHALL SCHEDULE A17
PAROLE APPLICATION HEARING FOR THE INMATES IDENTIFIED WITHIN18
NINETY DAYS AFTER RECEIPT OF THE LIST, UNLESS THE INMATE WOULD19
OTHERWISE HAVE A PAROLE APPLICATION HEARING IN NINETY DAYS OR20
FEWER.21
SECTION 7. In Colorado Revised Statutes, 18-1.3-301, add22
(2)(b.5) as follows:23
18-1.3-301. Authority to place offenders in community24
corrections program. (2) (b.5) I
F AN OFFENDER ELIGIBLE FOR REFERRAL25
UNDER THIS SUBSECTION (2) HAS A WARRANT OR DETAINER , THE26
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS SHALL27
HB25-1214
-12- DELAY REFERRAL AND NOTIFY THE PUBLIC DEFENDER LIAISON TO1
DETERMINE IF THE WARRANT OR DETAINER MAY BE RESOLVED . THE2
PUBLIC DEFENDER LIAISON SHALL NOTIFY THE DEPARTMENT OF3
CORRECTIONS OF THE OUTCOME , AND, IF THE WARRANT OR DETAINER IS4
REMOVED, THE DEPARTMENT SHALL MAKE A REFERRAL AS REQUIRED BY5
SUBSECTION (2)(b) OF THIS SECTION.6
SECTION 8. Act subject to petition - effective date -7
applicability. (1) This act takes effect September 1, 2025; except that,8
if a referendum petition is filed pursuant to section 1 (3) of article V of9
the state constitution against this act or an item, section, or part of this act10
within the ninety-day period after final adjournment of the general11
assembly, then the act, item, section, or part will not take effect unless12
approved by the people at the general election to be held in November13
2026 and, in such case, will take effect January 1, 2027, or on the date of14
the official declaration of the vote thereon by the governor, whichever is15
later.16
(2) This act applies to sentences entered and parole board hearings17
held on or after the applicable effective date of this act.18
HB25-1214
-13-