Colorado 2025 Regular Session

Colorado House Bill HB1214 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	First Regular Session
2	2	Seventy-fifth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 25-0731.01 Jerry Barry x4341
8	8	HOUSE BILL 25-1214
9	9	House Committees Senate Committees
10	10	Judiciary
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING MEASURES TO MAKE A PPROPRIATE USE OF PRISON BEDS .101
14	14	Bill Summary
15	15	(Note: This summary applies to this bill as introduced and does
16	16	not reflect any amendments that may be subsequently adopted. If this bill
17	17	passes third reading in the house of introduction, a bill summary that
18	18	applies to the reengrossed version of this bill will be available at
19	19	http://leg.colorado.gov
20	20	.)
21	21	Before an individual is sentenced to the department of corrections
22	22	(department) for a class 5 or 6 felony, the bill requires the court to review
23	23	certain available information and to make additional findings.
24	24	The bill directs the executive director of the department (executive
25	25	director) to notify the sentencing court that a person sentenced to prison
26	26	for certain lower-class felonies is either past or within 90 days or less of
27	27	the person's parole eligibility date.
28	28	The bill adds certified recovery residences to the lists of possible
29	29	HOUSE SPONSORSHIP
30	30	Clifford,
31	31	SENATE SPONSORSHIP
32	32	Gonzales J.,
33	33	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
34	34	Capital letters or bold & italic numbers indicate new material to be added to existing law.
35	35	Dashes through the words or numbers indicate deletions from existing law. treatment or recovery options for a parolee.
36	36	The bill eliminates the requirement that a parolee who tests
37	37	positive for drugs or alcohol must pay for any treatment program ordered
38	38	as a new condition of parole.
39	39	The bill repeals provisions that require approval by a majority of
40	40	the members of the state board of parole (state board) for a denial of
41	41	parole to certain low- or very low-risk inmates. The bill replaces these
42	42	provisions by creating a presumption that certain low- or very low-risk
43	43	inmates who have reached their parole eligibility dates will be granted
44	44	parole. The bill also requires the state board to provide a monthly report
45	45	to the department on the status of hearings for these low- and very
46	46	low-risk inmates.
47	47	If an offender is otherwise eligible for parole or placement in a
48	48	community corrections program but has an outstanding warrant or
49	49	detainer, the parole board or the executive director shall notify the public
50	50	defender liaison, who shall determine if the warrant or detainer may be
51	51	resolved and notify the executive director of the outcome.
52	52	Be it enacted by the General Assembly of the State of Colorado:1
53	53	SECTION 1. Legislative declaration. (1) The general assembly2
54	54	finds:3
55	55	(a) The department of corrections' budget has grown by over4
56	56	$246.7 million over the past six years, and its fiscal year 2024-25 budget5
57	57	is almost $1.2 billion;6
58	58	(b) Prison population projections indicate continued growth in the7
59	59	prison population, and the department has requested an additional 4278
60	60	male prison beds in its initial budget request for fiscal year 2025-26;9
61	61	(c) It is essential that the state's costly prison resources are used10
62	62	for those offenders for whom a different sentence is not appropriate or11
63	63	will not properly meet the goals of community safety and rehabilitation12
64	64	of the offender;13
65	65	(d) Making changes to internal processes within the department14
66	66	of corrections and parole board can result in better utilization of prison15
67	67	beds;16
68	68	HB25-1214-2- (e) Over 10% of persons admitted to prison as a new court1
69	69	commitment are past or within 90 days or less of their parole eligibility2
70	70	date upon admission to prison, especially if the conviction was for a3
71	71	lower-level felony or drug felony. Courts, defense counsel, and4
72	72	prosecutors do not have sentence time computation information at the5
73	73	time of sentencing.6
74	74	(f) Given that these new prison admissions are past or close to7
75	75	their parole eligibility date, the department of corrections will be unlikely8
76	76	to be able to provide education, treatment, or other rehabilitative9
77	77	programs prior to release. Requiring the department of corrections to10
78	78	notify the court when a new prison admission convicted of a lower-level11
79	79	felony is past or near their parole eligibility date allows the court to12
80	80	reconsider whether a sentence to prison is the most appropriate sentence13
81	81	with input from the prosecutor, defense counsel, and any victim.14
82	82	(g) The number of people approved by community corrections as15
83	83	transition clients from prison has declined in recent years. In current law,16
84	84	inmates with a detainer or warrant are ineligible for referral to community17
85	85	corrections. Since that law went into effect, a new position was created18
86	86	within the office of state public defender to serve as a liaison to the19
87	87	department of corrections and parole board to assist with legal matters20
88	88	including warrants and detainers, special needs parole, and competency.21
89	89	Limiting the exclusionary criteria to only those situations when the22
90	90	warrant and detainer cannot be resolved may enable the public defender23
91	91	liaison to resolve outstanding warrants and detainers, creating a larger24
92	92	pool of potential applicants who can be considered by the community25
93	93	corrections boards and community corrections programs.26
94	94	(h) Current law allows the parole board to deny parole to an27
95	95	HB25-1214
96	96	-3- inmate by a majority vote of the parole board when the inmate is assessed1
97	97	to be low or very low risk, has good institutional conduct, is program2
98	98	compliant, has an approved parole plan, has not been regressed from3
99	99	community corrections or parole within the past 180 days, does not have4
100	100	a warrant or detainer, and the parole release guidelines recommend5
101	101	release. Requiring that the inmate have an approved parole plan prior to6
102	102	release, rather than at the time of the parole hearing, provides greater7
103	103	flexibility for the parole board to work with the department of corrections8
104	104	if the parole board believes the parole plan is not adequate. Similarly, the9
105	105	criteria that makes an inmate ineligible for parole due to a warrant or10
106	106	detainer was enacted prior to the creation of the public defender liaison,11
107	107	and this exclusionary criterion should only be applied if the public12
108	108	defender liaison is unable to resolve the warrant or detainer.13
109	109	SECTION 2. In Colorado Revised Statutes, 16-11-301, amend14
110	110	(1); and add (5) as follows:15
111	111	16-11-301. Sentences - commitments - correctional facilities -16
112	112	county jail - age limit. (1) (a) As a general rule, imprisonment for the17
113	113	conviction of a felony by an adult offender shall be IS served by18
114	114	confinement in an appropriate facility as determined by the executive19
115	115	director of the department of corrections. In such cases, the court will20
116	116	SHALL sentence the offender to the custody of the executive director of21
117	117	the department of corrections.22
118	118	(b) (I) P
119	119	RIOR TO THE IMPOSITION OF A SENTENCE TO THE23
120	120	DEPARTMENT OF CORRECTIONS FOR A CONVICTION OF A CLASS 5 FELONY24
121	121	OR CLASS 6 FELONY AT SENTENCING OR AT RESENTENCING AFTER A25
122	122	REVOCATION OF PROBATION OR COMMUNITY CORRECTIONS SENTENCE , THE26
123	123	COURT SHALL DETERMINE THAT :27
124	124	HB25-1214
125	125	-4- (A) INCARCERATION IS THE MOST SUITABLE OPTION GIVEN THE1
126	126	FACTS AND CIRCUMSTANCES OF THE CASE ; AND2
127	127	(B) A
128	128	LL OTHER REASONABLE AND APPROPRIATE SANCTIONS AND3
129	129	SUPPORTIVE SERVICES AVAILABLE TO THE COURT HAVE BEEN TRIED AND4
130	130	FAILED, DO NOT APPEAR LIKELY TO BE SUCCESSFUL IF TRIED, OR PRESENT5
131	131	AN UNACCEPTABLE RISK TO PUBLIC SAFETY .6
132	132	(II) I
133	133	N MAKING THE DETERMINATION DESCRIBED IN SUBSECTION7
134	134	(1)(b)(I)
135	135	OF THIS SECTION, THE COURT SHALL REVIEW, TO THE EXTENT8
136	136	AVAILABLE, THE INFORMATION PROVIDED BY THE SUPERVISING AGENCY ,9
137	137	WHICH MUST INCLUDE A COMPLETE STATEMENT AS TO WHAT TREATMENT10
138	138	AND SENTENCING OPTIONS HAVE BEEN TRIED AND HAVE FAILED , WHAT11
139	139	OTHER COMMUNITY OPTIONS ARE AVAILABLE , AND THE REASONS WHY12
140	140	OTHER AVAILABLE COMMUNITY OPTIONS APPEAR TO BE UNLIKELY TO BE13
141	141	SUCCESSFUL. THE SUPERVISING AGENCY SHALL PROVIDE TO THE COURT14
142	142	THE RISK LEVEL OF THE OFFENDER AS DETERMINED BY AN15
143	143	EVIDENCE-BASED RISK ASSESSMENT TOOL EMPLOYED BY THE SUPERVISING16
144	144	AGENCY AND ANY OTHER INFORMATION RELEVANT TO THE OFFENDER 'S17
145	145	RISK TO PUBLIC SAFETY.18
146	146	(5) I
147	147	F A SENTENCING COURT RECEIVES A NOTICE FROM THE19
148	148	EXECUTIVE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS PURSUANT20
149	149	TO SECTION 17-1-103 (1)(s) THAT, AT THE TIME OF ADMISSION , AN21
150	150	OFFENDER SENTENCED TO PRISON BY THE COURT IS EITHER PAST OR22
151	151	WITHIN NINETY DAYS OF THE OFFENDER'S PAROLE ELIGIBILITY DATE IN THE23
152	152	SENTENCED CASE, THE COURT SHALL NOTIFY COUNSEL FOR THE24
153	153	DEFENDANT AND THE PROSECUTION AND REQUEST THAT THE DEFENDANT25
154	154	FILE A MOTION IF THE DEFENDANT WANTS TO MOVE FOR26
155	155	RECONSIDERATION. IF THE COURT RECEIVES A MOTION FOR27
156	156	HB25-1214
157	157	-5- RECONSIDERATION, THE COURT SHALL SCHEDULE A HEARING ON THE1
158	158	MOTION WITHIN THIRTY-FIVE DAYS AFTER FILING AND, AT THE HEARING,2
159	159	MAY IMPOSE AN ALTERNATIVE SENTENCE .3
160	160	SECTION 3. In Colorado Revised Statutes, 17-1-103, add (1)(s)4
161	161	as follows:5
162	162	17-1-103. Duties of the executive director. (1) The duties of the6
163	163	executive director are:7
164	164	(s) I
165	165	F AN OFFENDER IS ADMITTED TO THE CUSTODY OF THE8
166	166	EXECUTIVE DIRECTOR AS A NEW COURT COMMITMENT SERVING A9
167	167	SENTENCE FOR A CLASS 5 OR CLASS 6 FELONY OR A CLASS 3 OR CLASS 410
168	168	DRUG FELONY AND THE OFFENDER IS DETERMINED BY THE DEPARTMENT11
169	169	AT ADMISSION TO BE PAST OR WITHIN NINETY DAYS OF THE OFFENDER 'S12
170	170	PAROLE ELIGIBILITY DATE, THE DEPARTMENT SHALL NOTIFY THE13
171	171	SENTENCING COURT WITHIN FOURTEEN DAYS AFTER ADMISSION AND14
172	172	PROVIDE THE COURT WITH INFORMATION ON THE PAROLE ELIGIBILITY15
173	173	DATE, THE MANDATORY RELEASE DATE , AND THE RESULTS OF ANY INTAKE16
174	174	ASSESSMENTS FOR THE OFFENDER .17
175	175	SECTION 4. In Colorado Revised Statutes, 17-2-201, amend18
176	176	(3)(h.1)(I), (4)(f)(I)(B), (4)(f)(I)(C), (5)(c)(II) introductory portion,19
177	177	(5.5)(d)(I), (5.7) introductory portion, and (5.7)(a); and repeal20
178	178	(4)(f)(I)(D), (4)(f)(I)(E), and (19) as follows:21
179	179	17-2-201. State board of parole - duties - definitions. (3) The22
180	180	chairperson, in addition to other provisions of law, has the following23
181	181	powers and duties:24
182	182	(h.1) To contract with qualified individuals to serve as release25
183	183	hearing officers:26
184	184	(I) To conduct parole application hearings for inmates convicted27
185	185	HB25-1214
186	186	-6- of class 4, class 5, or class 6 felonies or level 3 or level 4 drug felonies1
187	187	who have been assessed to be less than high risk by the Colorado risk2
188	188	assessment scale developed pursuant to section 17-22.5-404 (2)(a); or3
189	189	hearings pursuant to subsection (19) of this section pursuant to rules4
190	190	adopted by the parole board; and5
191	191	(4) The board has the following powers and duties:6
192	192	(f) (I) To conduct an initial or subsequent parole release review7
193	193	in lieu of a hearing, without the presence of the inmate, if:8
194	194	(B) A detainer from the United States immigration and customs9
195	195	enforcement agency has been filed with the department, the inmate meets10
196	196	the criteria for the presumption of parole in section 17-22.5-404.7, and11
197	197	victim notification is not required pursuant to section 24-4.1-302.5;
198	198	OR12
199	199	(C) The inmate has a statutory discharge date or mandatory13
200	200	release date within six months after his or her
201	201	THE INMATE'S next14
202	202	ordinarily scheduled parole hearing and victim notification is not required15
203	203	pursuant to section 24-4.1-302.5.16
204	204	(D) The inmate is assessed to be a low or very low risk on the17
205	205	validated risk assessment instrument developed pursuant to section18
206	206	17-22.5-404 (2), the inmate meets readiness criteria established by the19
207	207	board, and victim notification is not required pursuant to section20
208	208	24-4.1-302.5; or21
209	209	(E) The inmate is subject to subsection (19) of this section.22
210	210	(5) (c) (II) Except if the offender is subject to subsection (19) of23
211	211	this section, If the offender fails to pay the restitution, he or she THE24
212	212	OFFENDER may be returned to the board and, upon proof of failure to pay,25
213	213	the board shall:26
214	214	(5.5) (d) (I) If a chemical test administered pursuant to the27
215	215	HB25-1214
216	216	-7- requirements of this subsection (5.5) reflects the presence of drugs or1
217	217	alcohol, the parolee may be required to participate at his own expense in2
218	218	an appropriate drug or alcohol program; community correctional3
219	219	nonresidential program; mental health program;
220	220	CERTIFIED RECOVERY4
221	221	RESIDENCE, AS DEFINED IN SECTION 27-80-129; or other fee-based or5
222	222	non-fee-based treatment program approved by the parole board.6
223	223	(5.7) If, as a condition of parole, an offender is required to7
224	224	undergo counseling, or
225	225	treatment, OR PARTICIPATE IN A CERTIFIED8
226	226	RECOVERY RESIDENCE, AS DEFINED IN SECTION 27-80-129, unless the9
227	227	parole board determines that treatment at another facility or with another10
228	228	person is warranted, the treatment or counseling must be at a facility or11
229	229	with a person:12
230	230	(a) Approved by the behavioral health administration in the13
231	231	department of human services if the treatment is for alcohol or drug abuse14
232	232	OR A CERTIFIED RECOVERY RESIDENCE, AS DEFINED IN SECTION 27-80-129;15
233	233	(19) (a) Except as provided in subsection (19)(b) of this section,
234	234	16
235	235	if a person has an approved parole plan, has been assessed to be low or17
236	236	very low risk on the validated risk assessment scale developed pursuant18
237	237	to section 17-22.5-404 (2), and the parole release guidelines recommend19
238	238	release, the parole board may deny parole only by a majority vote of the20
239	239	full parole board.21
240	240	(b) An inmate is not eligible for release pursuant to subsection22
241	241	(19)(a) of this section if he or she has had a class I code of penal23
242	242	discipline violation within the previous twelve months from the date of24
243	243	consideration by the parole board or since incarceration, whichever is25
244	244	shorter; has been terminated for lack of progress or has declined in26
245	245	writing to participate in programs that have been recommended and made27
246	246	HB25-1214
247	247	-8- available to the inmate within the previous twelve months or since1
248	248	incarceration, whichever is shorter; has been regressed from community2
249	249	corrections or revoked from parole within the previous one hundred3
250	250	eighty days; is required to be considered by the full board for release; or4
251	251	has a pending felony charge, detainer, or an extraditable warrant.5
252	252	(c) If the parole board denies parole to an inmate pursuant to6
253	253	subsection (19)(a) of this section, the board shall submit to the department7
254	254	the basis for the denial in writing.8
255	255	SECTION 5. In Colorado Revised Statutes, 17-2-203, amend9
256	256	(1.5)(c), (11)(c) introductory portion, and (11)(e); and add (11)(c)(III) as10
257	257	follows:11
258	258	17-2-103. Arrest of parolee - revocation proceedings.12
259	259	(1.5) (c) A community parole officer shall also make referrals to any13
260	260	needed treatment,
261	261	CERTIFIED RECOVERY RESIDENCE , AS DEFINED IN14
262	262	SECTION 27-80-129, or other support services that may help a parolee15
263	263	become compliant with the conditions of parole and succeed in16
264	264	reintegrating into society. For the purposes of this section, testing positive17
265	265	for the use of illegal drugs is considered a technical violation of parole.18
266	266	(11) (c) If the board determines that the parolee is in need of19
267	267	treatment, the board shall consider placing the parolee in one of the20
268	268	following treatment
269	269	OR RECOVERY options and, if appropriate, may21
270	270	modify the conditions of parole to include:22
271	271	(III) P
272	272	LACEMENT IN A CERTIFIED RECOVERY RESIDENCE , AS23
273	273	DEFINED IN SECTION 27-80-129.24
274	274	(e) If the parolee is unsuccessful in participating in a treatment
275	275	OR25
276	276	RECOVERY program ordered pursuant to paragraph (c) of this subsection
277	277	26
278	278	(11) SUBSECTION (11)(c) OF THIS SECTION and his or her THE PAROLEE'S27
279	279	HB25-1214
280	280	-9- participation is terminated, the board may consider placement of the1
281	281	parolee in additional treatment, as appropriate, including a higher level of2
282	282	treatment
283	283	OR IN A CERTIFIED RECOVERY RESIDENCE , AS DEFINED IN3
284	284	SECTION 27-80-129.4
285	285	SECTION 6. In Colorado Revised Statutes, add 17-22.5-404.95
286	286	as follows:6
287	287	17-22.5-404.9. Presumption of parole - low- and very low-risk7
288	288	offenders - assessment - report. (1) T
289	289	HERE IS A PRESUMPTION, SUBJECT8
290	290	TO THE FINAL DISCRETION OF THE PAROLE BOARD, IN FAVOR OF GRANTING9
291	291	PAROLE AT THE FIRST OR A SUBSEQUENT PAROLE APPLICATION HEARING TO10
292	292	AN INMATE WHO HAS REACHED THEIR PAROLE ELIGIBILITY DATE AND WHO :11
293	293	(a) H
294	294	AS BEEN ASSESSED TO BE LOW OR VERY LOW RISK ON THE12
295	295	VALIDATED RISK ASSESSMENT SCALE DEVELOPED PURSUANT TO SECTION13
296	296	17-22.5-404 (2)(a),
297	297	AND THE ADMINISTRATIVE RELEASE GUIDELINE14
298	298	INSTRUMENT DEVELOPED PURSUANT TO SECTION 17-22.5-107 (1)15
299	299	RECOMMENDS RELEASE ;16
300	300	(b) H
301	301	AS NOT INCURRED A CLASS I CODE OF PENAL DISCIPLINE17
302	302	VIOLATION WITHIN THE PREVIOUS TWELVE MONTHS AFTER THE DATE OF18
303	303	CONSIDERATION BY THE PAROLE BOARD OR SINCE INCARCERATION ,19
304	304	WHICHEVER IS SHORTER;20
305	305	(c) H
306	306	AS NOT, WITHIN THE TWELVE MONTHS PRECEDING THE21
307	307	INMATE'S PAROLE APPLICATION HEARING , DECLINED IN WRITING TO22
308	308	PARTICIPATE IN PROGRAMS THAT HAVE BEEN RECOMMENDED AND MADE23
309	309	AVAILABLE TO THE INMATE;24
310	310	(d) W
311	311	AS NOT CONVICTED OF A CLASS 1 DRUG FELONY OFFENSE, A25
312	312	CLASS 1, CLASS 2, OR CLASS 3 FELONY OFFENSE, AND IS NOT SERVING AN26
313	313	INDETERMINATE SENTENCE PURSUANT TO SECTION 18-1.3-1004; AND27
314	314	HB25-1214
315	315	-10- (e) HAS NOT BEEN REGRESSED FROM COMMUNITY CORRECTIONS OR1
316	316	REVOKED FROM PAROLE WITHIN THE PREVIOUS ONE HUNDRED EIGHTY2
317	317	DAYS.3
318	318	(2) I
319	319	F THE DEPARTMENT DID NOT SUBMIT AN APPROVED PAROLE4
320	320	PLAN PRIOR TO THE PAROLE APPLICATION HEARING OR THE PAROLE BOARD5
321	321	CONSIDERS THE SUBMITTED PAROLE PLAN TO BE I NADEQUATE , THE PAROLE6
322	322	BOARD OR AN INDIVIDUAL MEMBER OF THE PAROLE BOARD SHALL NOT7
323	323	DENY PAROLE AND SHALL PROCEED PURSUANT TO SECTION 17-2-201 (20).8
324	324	(3) I
325	325	F AN INMATE WHO OTHERWISE MEETS THE CRITERIA OF9
326	326	SUBSECTION (1) OF THIS SECTION HAS A DETAINER OR A WARRANT , THE10
327	327	PAROLE BOARD SHALL DELAY THE HEARING OR ORDER A CONDITIONAL11
328	328	RELEASE AND NOTIFY THE PUBLIC DEFENDER LIAISON TO DETERMINE IF12
329	329	THE WARRANT OR DETAINER MAY BE RESOLVED . THE PUBLIC DEFENDER13
330	330	LIAISON SHALL NOTIFY THE PAROLE BOARD OF THE OUTCOME , AND, IF THE14
331	331	WARRANT OR DETAINER HAS BEEN REMOVED , THE PAROLE BOARD MAY15
332	332	ORDER RELEASE OF THE INMATE . IF THE DETAINER OR WARRANT IS NOT16
333	333	ABLE TO BE RESOLVED, THE PAROLE BOARD MAY ONLY RELEASE THE17
334	334	INMATE TO THE CUSTODY OF THE AGENCY THAT ISSUED THE WARRANT OR18
335	335	DETAINER.19
336	336	(4) I
337	337	F THE ADMINISTRATIVE RELEASE GUIDELINE INSTRUMENT20
338	338	DEVELOPED PURSUANT TO SECTION 17-22.5-107 (1) RECOMMENDS21
339	339	RELEASE, THE PAROLE BOARD SHALL ONLY DENY PAROLE BY A MAJORITY22
340	340	VOTE OF THE FULL PAROLE BOARD.23
341	341	(5) I
342	342	F THE PAROLE BOARD DENIES PAROLE TO AN INMATE24
343	343	PURSUANT TO THIS SECTION, THE PAROLE BOARD SHALL SUBMIT TO THE25
344	344	DEPARTMENT AND THE INMATE THE REASONS FOR THE DENIAL IN WRITING .26
345	345	(6) T
346	346	HE DEPARTMENT SHALL ENSURE THAT EVERY INMATE HAS27
347	347	HB25-1214
348	348	-11- BEEN ASSESSED ON THE VALIDATED RISK ASSESSMENT SCALE DEVELOPED1
349	349	PURSUANT TO SECTION 17-22.5-404 (2) AND THAT THE PAROLE BOARD HAS2
350	350	THE RESULTS OF THAT ASSESSMENT PRIOR TO AN INMATE 'S PAROLE3
351	351	APPLICATION HEARING.4
352	352	(7) T
353	353	HE PAROLE BOARD SHALL PROVIDE A MONTHLY REPORT TO5
354	354	THE DEPARTMENT FOR INCLUSION IN THE DEPARTMENT 'S MONTHLY6
355	355	REPORTS ON THE NUMBER OF HEARINGS CONDUCTED THAT MET THE7
356	356	CRITERIA PURSUANT TO THIS SECTION; THE NUMBER OF DECISIONS BY THE8
357	357	PAROLE BOARD TO GRANT PAROLE , DEFER PAROLE, OR DELAY THE9
358	358	HEARING; AND, IF PAROLE WAS DEFERRED OR THE HEARING DELAYED , THE10
359	359	GENERAL REASON FOR THE DEFERRAL OR DELAY . THE INFORMATION MUST11
360	360	BE PROVIDED BOTH FOR THE REPORTING MONTH AND YEAR TO DATE . THE12
361	361	REPORT IS POSTED ON THE DEPARTMENT 'S WEBSITE.13
362	362	(8) W
363	363	ITHIN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS14
364	364	SECTION, THE DEPARTMENT SHALL IDENTIFY INMATES WHO MEET THE15
365	365	CRITERIA DESCRIBED IN SUBSECTION (1) OF THIS SECTION AND PROVIDE A16
366	366	LIST TO THE PAROLE BOARD. THE PAROLE BOARD SHALL SCHEDULE A17
367	367	PAROLE APPLICATION HEARING FOR THE INMATES IDENTIFIED WITHIN18
368	368	NINETY DAYS AFTER RECEIPT OF THE LIST, UNLESS THE INMATE WOULD19
369	369	OTHERWISE HAVE A PAROLE APPLICATION HEARING IN NINETY DAYS OR20
370	370	FEWER.21
371	371	SECTION 7. In Colorado Revised Statutes, 18-1.3-301, add22
372	372	(2)(b.5) as follows:23
373	373	18-1.3-301. Authority to place offenders in community24
374	374	corrections program. (2) (b.5) I
375	375	F AN OFFENDER ELIGIBLE FOR REFERRAL25
376	376	UNDER THIS SUBSECTION (2) HAS A WARRANT OR DETAINER , THE26
377	377	EXECUTIVE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS SHALL27
378	378	HB25-1214
379	379	-12- DELAY REFERRAL AND NOTIFY THE PUBLIC DEFENDER LIAISON TO1
380	380	DETERMINE IF THE WARRANT OR DETAINER MAY BE RESOLVED . THE2
381	381	PUBLIC DEFENDER LIAISON SHALL NOTIFY THE DEPARTMENT OF3
382	382	CORRECTIONS OF THE OUTCOME , AND, IF THE WARRANT OR DETAINER IS4
383	383	REMOVED, THE DEPARTMENT SHALL MAKE A REFERRAL AS REQUIRED BY5
384	384	SUBSECTION (2)(b) OF THIS SECTION.6
385	385	SECTION 8. Act subject to petition - effective date -7
386	386	applicability. (1) This act takes effect September 1, 2025; except that,8
387	387	if a referendum petition is filed pursuant to section 1 (3) of article V of9
388	388	the state constitution against this act or an item, section, or part of this act10
389	389	within the ninety-day period after final adjournment of the general11
390	390	assembly, then the act, item, section, or part will not take effect unless12
391	391	approved by the people at the general election to be held in November13
392	392	2026 and, in such case, will take effect January 1, 2027, or on the date of14
393	393	the official declaration of the vote thereon by the governor, whichever is15
394	394	later.16
395	395	(2) This act applies to sentences entered and parole board hearings17
396	396	held on or after the applicable effective date of this act.18
397	397	HB25-1214
398	398	-13-