Colorado 2025 Regular Session

Colorado Senate Bill SB190 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth 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. 25-0831.01 Michael Dohr x4347
8	8		SENATE BILL 25-190
9	9		Senate Committees House Committees
10	10		Judiciary
11	11		A BILL FOR AN ACT
12	12		C
13	13		ONCERNING PROCESSES FOR OFFENDER RELEASE FROM CUSTODY .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		Under current law, a sheriff may allow an individual to choose to
22	22		stay in jail overnight after release when extenuating circumstances exist.
23	23		The bill states it is an extenuating circumstance to facilitate a connection
24	24		to a service provider. If a defendant remains in jail overnight, the
25	25		defendant must be released by 10 a.m. the next morning.
26	26		Under current law, there is a distinction for those who are 55 years
27	27		of age or older, and for those under that age with certain medical
28	28		conditions, for special needs parole. The bill changes that distinction. The
29	29		SENATE
30		-	3rd Reading Unamended
31		-	April 1, 2025
32		-	SENATE
33	30		Amended 2nd Reading
34	31		March 31, 2025
35	32		SENATE SPONSORSHIP
36		-	Ball and Gonzales J., Amabile, Coleman, Cutter, Jodeh, Michaelson Jenet, Wallace,
37		-	Weissman
	33	+	Ball and Gonzales J.,
38	34		HOUSE SPONSORSHIP
39	35		Bacon and Soper,
40	36		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
41	37		Capital letters or bold & italic numbers indicate new material to be added to existing law.
42	38		Dashes through the words or numbers indicate deletions from existing law. bill makes an inmate eligible for special needs parole if the inmate is 55
43	39		years of age or older and suffers from a diagnosed severe cognitive
44	40		impairment or serious impairment that limits the person's ability to
45	41		function. The bill makes an inmate eligible for special needs parole if the
46	42		inmate is under 55 years of age and suffers from a diagnosed severe
47	43		cognitive impairment or serious impairment that limits the person's ability
48	44		to function; has served at least 25% of the inmate's sentence, or 10 years
49	45		imprisonment, whichever is shorter; and has not incurred a class I code
50	46		of penal discipline violation within the 12 months before the date of the
51	47		application for special needs parole. The bill makes a person eligible for
52	48		special needs parole if the person has a condition such as advanced or
53	49		metastatic cancer; end-stage renal disease; end-stage chronic obstructive
54	50		pulmonary disorder; end-stage heart disease; end-stage liver disease;
55	51		progressive neurodegenerative disease such as Huntington's disease,
56	52		Parkinson's disease, and amyotrophic lateral sclerosis; intractable seizure
57	53		disorder; severe dementia; or Alzheimer's disease. The bill provides that
58	54		when a health-care provider who is providing care to the person makes a
59	55		determination that the person's medical condition meets the standard for
60	56		special needs parole, then a referral must be made to the parole board.
61	57		The department of corrections is required to include in each
62	58		contract with a licensed health-care provider involved in providing patient
63	59		care to an inmate a requirement that the provider screen each patient for
64	60		eligibility for special needs parole.
65	61		The bill requires legislative council staff to conduct a study of
66	62		options for releasing aging and seriously ill offenders from secure custody
67	63		to appropriate care or placing offenders in alternative programs that can
68	64		better provide the offender's needed medical care.
69	65		Be it enacted by the General Assembly of the State of Colorado:1
70	66		SECTION 1. In Colorado Revised Statutes, 16-4-102, amend2
71	67		(2)(b)(I) as follows:3
72	68		16-4-102. Right to bail - before conviction. (2) (b) (I) A judge,4
73	69		judicial officer, or bond hearing officer shall not require a monetary bond5
74	70		to be paid in the defendant's name. Bond may be paid, at a minimum, by6
75	71		cash, money order, or cashier's check. If bond is paid by money order or7
76	72		cashier's check, the money order or cashier's check may be payable to the8
77	73		holding county. Before bond is posted, the sheriff shall provide the9
78	74		defendant and surety, if any, a copy of the notice described in subsection10
79	75		190-2- (2)(h)(I) of this section. When the bond is posted, the sheriff shall provide1
80	76		the defendant and surety, if any, a copy of the bond paperwork and2
81	77		information regarding the defendant's next court date. The individual3
82	78		processing the bond shall certify, in writing, that the payor PAYER4
83	79		received a copy of the bond paperwork, the notice described in subsection5
84	80		(2)(h)(I) of this section, and information regarding the defendant's next6
85	81		court date and shall place a copy of the certification in the defendant's7
86	82		file. Notwithstanding the provisions of this section, a sheriff may allow8
87	83		an individual to choose to stay in jail overnight after release when9
88	84		extenuating circumstances exist, including inclement weather, lack of10
89	85		transportation, or lack of shelter, OR TO FACILITATE A CONNECTION TO A11
90	86		SERVICE PROVIDER. IF A DEFENDANT REMAINS IN JAIL OVERNIGHT , THE12
91	87		DEFENDANT MUST BE RELEASED BY 10 A.M. THE NEXT MORNING.13
92	88		SECTION 2. In Colorado Revised Statutes, 17-1-102, amend14
93	89		(6.7), (7.4), and (7.5); and add (1.1), (6.8), and (7.6) as follows:15
94	90		17-1-102. Definitions. As used in this title 17, unless the context16
95	91		otherwise requires:17
96	92		(1.1) "A
97	93		CTIVITIES OF DAILY LIVING" MEANS BASIC SELF-CARE
98	94		18
99	95		ACTIVITIES, INCLUDING, BUT NOT LIMITED TO , EATING, BATHING,19
100	96		DRESSING, GROOMING, TRANSFERRING FROM BED TO CHAIR , TOILETING,20
101	97		TAKING MEDICATIONS, CLEANING, USING PRISON COMMUNICATIONS21
102	98		SYSTEMS, AND INDEPENDENT AMBULATION .22
103	99		(6.7) "Inmate liaison" means an inmate's family member or23
104	100		attorney; a government agency;
105	101		A PUBLIC DEFENDER LIAISON, DESCRIBED24
106	102		IN SECTION 21-1-104, TO THE DEPARTMENT OF CORRECTIONS AND THE25
107	103		STATE BOARD OF PAROLE; or a representative from an organization with26
108	104		experience in helping inmates apply for special needs parole, high-needs27
109	105		190
110	106		-3- prerelease planning, or reentry. The organization must be in good1
111	107		standing with the Colorado secretary of state for the past twelve2
112	108		consecutive months, and the organization's involvement must be at the3
113	109		request of the inmate, or an inmate's family member or attorney should4
114	110		the inmate be unable to make the request.5
115	111		(6.8) "L
116	112		ICENSED HEALTH-CARE PROVIDER" MEANS A MEDICAL OR
117	113		6
118	114		BEHAVIORAL HEALTH-CARE PROVIDER LICENSED IN THIS STATE WHO IS7
119	115		EMPLOYED BY OR UNDER CONTRACT WITH THE DEPARTMENT OR A PRIVATE8
120	116		LICENSED HEALTH-CARE PROVIDER WHO IS PROVIDING OR RECENTLY HAS9
121	117		PROVIDED PATIENT CARE TO THE INMATE .10
122	118		(7.4) "Serious impairment that limits a person's ability to function"11
123	119		means a medically diagnosed physical or mental condition that is chronic12
124	120		and long term in nature and severely limits a person's ability to13
125	121		independently perform essential day-to-day activities without daily14
126	122		intervention, attention, or support from an inmate aide or professional15
127	123		caregiver A MEDICALLY DIAGNOSED PHYSICAL CONDITION THAT IS16
128	124		CHRONIC, SEVERE, AND LONG TERM IN NATURE AND THAT CAUSES THE17
129	125		INMATE TO REQUIRE ASSISTANCE WITH TWO OR MORE ACTIVITIES OF DAILY18
130	126		LIVING ON A DAILY AND SUSTAINED BASIS . SUCH CONDITIONS INCLUDE,19
131	127		BUT ARE NOT LIMITED TO , ADVANCED OR METASTATIC CANCER ;20
132	128		END-STAGE RENAL DISEASE ; END-STAGE CHRONIC OBSTRUCTIVE21
133	129		PULMONARY DISORDER ; END-STAGE HEART DISEASE; END-STAGE LIVER22
134	130		DISEASE; PROGRESSIVE NEURODEGENERATIVE DISEASE SUCH AS23
135	131		H
136	132		UNTINGTON'S DISEASE, PARKINSON'S DISEASE, AND AMYOTROPHIC24
137	133		LATERAL SCLEROSIS; AND INTRACTABLE SEIZURE DISORDER .25
138	134		(7.5) (a) "Special needs offender" means a person in the custody
139	135		26
140	136		of the department:27
141	137		190
142	138		-4- (I) Who is fifty-five years of age or older and has been diagnosed1
143	139		by a licensed health-care provider who is employed by or under contract2
144	140		with the department or by a private licensed health-care provider involved3
145	141		in providing patient care to the inmate as suffering from a chronic4
146	142		infirmity, illness, condition, disease, or behavioral or mental health5
147	143		disorder that causes serious impairment that limits the person's ability to6
148	144		function;7
149	145		(II) Who, as determined by a licensed health-care provider who8
150	146		is employed by or under contract with the department or by a private9
151	147		licensed health-care provider involved in providing patient care to the10
152	148		inmate, suffers from a chronic, permanent, terminal, or irreversible11
153	149		physical illness, condition, disease, or a behavioral or mental health12
154	150		disorder that requires costly care or treatment and who is incapacitated;13
155	151		(III) Who is sixty-four years of age or older and has served at least14
156	152		twenty years of the person's sentence and was not convicted of a class 115
157	153		or class 2 felony for a crime as defined in section 24-4.1-302 (1),16
158	154		unlawful sexual behavior as defined in section 16-22-102 (9), a crime that17
159	155		includes domestic violence as defined in section 18-6-800.3 (1), or18
160	156		stalking as described in section 18-3-602; or19
161	157		(IV) Who, as determined by a licensed health-care provider who20
162	158		is employed by or under contract with the department or a competency21
163	159		evaluator as defined in section 16-8.5-101 (3) and approved by the22
164	160		department of human services, on the basis of available evidence, not23
165	161		including evidence resulting from a refusal of the person to accept24
166	162		treatment, is incompetent to proceed and does not have a substantial25
167	163		probability of being restored to competency for the completion of any26
168	164		sentence including a person who has been diagnosed with dementia that27
169	165		190
170	166		-5- renders the person incompetent to proceed. As used in this subsection1
171	167		(7.5)(a)(IV), "competency" has the same meaning as "competent to2
172	168		proceed", as defined in section 16-8.5-101 (5), and "incompetent to3
173	169		proceed" has the same meaning as defined in section 16-8.5-101 (12).4
174	170		(b) (I) Notwithstanding subsection (7.5)(a) of this section, "special5
175	171		needs offender" does not include a person who:6
176	172		(A) Was convicted of a class 1 felony and sentenced to life with7
177	173		the possibility of parole and the offender has served fewer than twenty8
178	174		calendar years in a department of corrections facility for the offense;9
179	175		(B) Was convicted of a class 1 felony and sentenced to life10
180	176		without parole; or11
181	177		(C) Was convicted of a class 2 felony crime of violence as12
182	178		described in section 18-1.3-406 and the offender has served fewer than13
183	179		ten calendar years in a department of corrections facility for the offense.14
184	180		(II) This subsection (7.5)(b) does not apply to an inmate who has15
185	181		been diagnosed as having a terminal illness with an anticipated life16
186	182		expectancy of twelve months or less by a licensed health-care provider17
187	183		who is employed by or under contract with the department or by a private18
188	184		licensed health-care provider involved in providing patient care to the19
189	185		inmate. "SEVERE COGNITIVE IMPAIRMENT " MEANS A SUBSTANTIAL20
190	186		DISORDER OF COGNITIVE ABILITY OR MENTAL ILLNESS THAT IS CHRONIC ,21
191	187		SEVERE, AND LONG TERM IN NATURE THAT RESULTS IN MARKED22
192	188		FUNCTIONAL DISABILITY, SIGNIFICANTLY INTERFERING WITH ADAPTIVE23
193	189		BEHAVIOR AND CAUSING AN INMATE TO REQUIRE ASSISTANCE WITH TWO24
194	190		OR MORE ACTIVITIES OF DAILY LIVING ON A DAILY AND SUSTAINED BASIS .25
195	191		S
196	192		UCH CONDITIONS INCLUDE , BUT ARE NOT LIMITED TO , DEMENTIA
197	193		26
198	194		DISEASES AND RELATED DISABILITIES, AS DEFINED IN SECTION 25-1-502,27
199	195		190
200	196		-6- AND ALZHEIMER'S DISEASE.1
201	197		(7.6) (a) "S
202	198		PECIAL NEEDS OFFENDER" MEANS AN INMATE IN THE2
203	199		CUSTODY OF THE DEPARTMENT :3
204	200		(I)
205	201		WHO HAS BEEN DIAGNOSED BY A LICENSED HEALTH -CARE4
206	202		PROVIDER
207	203		AS SUFFERING SERIOUS IMPAIRMENT THAT LIMITS THE5
208	204		PERSON'S ABILITY TO FUNCTION AND:6
209	205		(A) I
210	206		S FIFTY-FIVE YEARS OF AGE OR OLDER; OR7
211	207
212	208		(B) IS UNDER FIFTY-FIVE YEARS OF AGE; HAS NOT INCURRED A8
213	209		CLASS I CODE OF PENAL DISCIPLINE VIOLATION WITHIN TWELVE MONTHS9
214	210		BEFORE THE DATE OF THE APPLICATION FOR SPECIAL NEEDS PAROLE ; AND10
215	211		HAS SERVED AT LEAST TWENTY-FIVE PERCENT OF THE IMPOSED SENTENCE,11
216	212		INCLUDING ANY EARNED TIME AWARDED , IF THE INMATE IS ELIGIBLE FOR12
217	213		PAROLE AFTER SERVING FIFTY PERCENT OF THE IMPOSED SENTENCE13
218	214		PURSUANT TO SECTION 17-22.5-403 (1); HAS SERVED AT LEAST14
219	215		THIRTY-FIVE PERCENT OF THE IMPOSED SENTENCE , INCLUDING ANY15
220	216		EARNED TIME AWARDED , IF THE INMATE IS ELIGIBLE FOR PAROLE AFTER16
221	217		SERVING SEVENTY-FIVE PERCENT OF THE IMPOSED SENTENCE PURSUANT17
222	218		TO SECTION 17-22.5-403 (2) AND (2.5); HAS SERVED AT LEAST FORTY18
223	219		PERCENT OF THE IMPOSED SENTENCE IF THE INMATE IS ELIGIBLE FOR19
224	220		PAROLE AFTER SERVING SEVENTY -FIVE PERCENT OF THE IMPOSED20
225	221		SENTENCE PURSUANT TO SECTION 17-22.5-403 (3) AND (3.5); OR HAS BEEN21
226	222		DIAGNOSED BY A LICENSED HEALTH -CARE PROVIDER AS HAVING A22
227	223		TERMINAL ILLNESS THAT IS IRREVERSIBLE, UNLIKELY TO BE CURED, AND23
228	224		LIKELY TO CAUSE DEATH.24
229	225		(II) W
230	226		HO HAS BEEN DETERMINED BY A LICENSED HEALTH -CARE25
231	227		PROVIDER
232	228		AS SUFFERING FROM SEVERE COGNITIVE IMPAIRMENT AND :26
233	229		(A) I
234	230		S FIFTY-FIVE YEARS OF AGE OR OLDER; OR27
235	231		190
236	232		-7- (B) IS UNDER FIFTY-FIVE YEARS OF AGE; HAS NOT INCURRED A1
237	233		CLASS I CODE OF PENAL DISCIPLINE VIOLATION WITHIN TWELVE MONTHS2
238	234		BEFORE THE DATE OF THE APPLICATION FOR SPECIAL NEEDS PAROLE ; AND3
239	235		HAS SERVED AT LEAST TWENTY-FIVE PERCENT OF THE IMPOSED SENTENCE,4
240	236		INCLUDING ANY EARNED TIME AWARDED , IF THE INMATE IS ELIGIBLE FOR5
241	237		PAROLE AFTER SERVING FIFTY PERCENT OF THE IMPOSED SENTENCE6
242	238		PURSUANT TO SECTION 17-22.5-403 (1); HAS SERVED AT LEAST7
243	239		THIRTY-FIVE PERCENT OF THE IMPOSED SENTENCE , INCLUDING ANY8
244	240		EARNED TIME AWARDED , IF THE INMATE IS ELIGIBLE FOR PAROLE AFTER9
245	241		SERVING SEVENTY-FIVE PERCENT OF THE IMPOSED SENTENCE PURSUANT10
246	242		TO SECTION 17-22.5-403 (2) AND (2.5); HAS SERVED AT LEAST FORTY11
247	243		PERCENT OF THE IMPOSED SENTENCE IF THE INMATE IS ELIGIBLE FOR12
248	244		PAROLE AFTER SERVING SEVENTY -FIVE PERCENT OF THE IMPOSED13
249	245		SENTENCE PURSUANT TO SECTION 17-22.5-403 (3) AND (3.5); OR HAS BEEN14
250	246		DIAGNOSED BY A LICENSED HEALTH -CARE PROVIDER AS HAVING A15
251	247		TERMINAL ILLNESS THAT IS IRREVERSIBLE, UNLIKELY TO BE CURED, AND16
252	248		LIKELY TO CAUSE DEATH.17
253	249		(III) W
254	250		HO IS SIXTY-FOUR YEARS OF AGE OR OLDER AND HAS
255	251		18
256	252		SERVED AT LEAST TWENTY YEARS OF THE PERSON 'S SENTENCE AND WAS19
257	253		NOT CONVICTED OF A CLASS 1 OR CLASS 2 FELONY FOR A CRIME AS20
258	254		DEFINED IN SECTION 24-4.1-302 (1); UNLAWFUL SEXUAL BEHAVIOR , AS21
259	255		DEFINED IN SECTION 16-22-102 (9); A CRIME THAT INCLUDES DOMESTIC22
260	256		VIOLENCE, AS DEFINED IN SECTION 18-6-800.3 (1); OR STALKING AS23
261	257		DESCRIBED IN SECTION 18-3-602.24
262	258		(b) (I) N
263	259		OTWITHSTANDING SUBSECTION (7.6)(a) OF THIS SECTION,25
264	260		"
265	261		SPECIAL NEEDS OFFENDER" DOES NOT INCLUDE AN INMATE WHO :26
266	262		(A) W
267	263		AS CONVICTED OF A CLASS 1 FELONY AND SENTENCED TO27
268	264		190
269	265		-8- LIFE IMPRISONMENT WITH THE POSSIBILITY OF PAROLE AND THE INMATE1
270	266		HAS SERVED FEWER THAN TWENTY CALENDAR YEARS IN A DEPARTMENT2
271	267		OF CORRECTIONS FACILITY FOR THE OFFENSE ;3
272	268		(B) W
273	269		AS CONVICTED OF A CLASS 1 FELONY AND SENTENCED TO4
274	270		LIFE IMPRISONMENT WITHOUT THE POSSIBILITY OF PAROLE ; OR5
275	271		(C) W
276	272		AS CONVICTED OF A CLASS 2 FELONY CRIME OF VIOLENCE AS6
277	273		DESCRIBED IN SECTION 18-1.3-406 AND THE INMATE HAS SERVED FEWER7
278	274		THAN TEN CALENDAR YEARS IN A DEPARTMENT OF CORRECTIONS FACILITY8
279	275		FOR THE OFFENSE.9
280	276		(II) T
281	277		HIS SUBSECTION (7.6)(b) DOES NOT APPLY TO AN INMATE10
282	278		WHO HAS BEEN DIAGNOSED AS HAVING A TERMINAL ILLNESS THAT IS11
283	279		IRREVERSIBLE, UNLIKELY TO BE CURED, AND LIKELY TO CAUSE DEATH BY12
284	280		A LICENSED HEALTH-CARE PROVIDER.
285	281		13
286	282		SECTION 3. In Colorado Revised Statutes, 17-22.5-403.5,14
287	283		amend (1) introductory portion, (3)(a) introductory portion, (3)(b)15
288	284		introductory portion, (3)(b.5), (4)(a), (4)(b), and (4)(f); repeal (2); and16
289	285		add (3)(a)(III.5), (3)(b)(V), (9), and (10) as follows:17
290	286		17-22.5-403.5. Special needs parole. (1) Notwithstanding any18
291	287		provision of law to the contrary, a special needs offender, as defined in19
292	288		section 17-1-102 (7.5)(a) SECTION 17-1-102 (7.6), may be eligible for20
293	289		parole prior to or after the offender's parole eligibility date pursuant to21
294	290		this section if:22
295	291		(2) This section shall apply to any inmate applying for parole on23
296	292		or after July 1, 2001, regardless of when the inmate was sentenced. The24
297	293		provisions of this section shall not affect the length of the parole period25
298	294		to which a special needs offender would otherwise be subject.26
299	295		(3) (a) The department is responsible for identifying inmates who27
300	296		190
301	297		-9- are special needs offenders. and ONCE A LICENSED HEALTH -CARE1
302	298		PROVIDER DETERMINES, AND DOCUMENTS IN THE PATIENT 'S MEDICAL2
303	299		RECORD, THAT THE INMATE SUFFERS FROM A SERIOUS IMPAIRMENT THAT3
304	300		LIMITS THE INMATE'S ABILITY TO FUNCTION, OR A SEVERE COGNITIVE4
305	301		IMPAIRMENT, THE DEPARTMENT shall submit a referral to the state board5
306	302		of parole for all special needs offenders THE INMATE. A LICENSED6
307	303		HEALTH-CARE PROVIDER IS NOT LIABLE TO ANY PERSON REGARDING A7
308	304		DETERMINATION WHETHER AN INMATE HAS A SERIOUS IMPAIRMENT THAT8
309	305		LIMITS A PERSON'S ABILITY TO FUNCTION OR SEVERE COGNITIVE9
310	306		IMPAIRMENT. IF THE INMATE HAS BEEN DIAGNOSED BY A LICENSED10
311	307		HEALTH-CARE PROVIDER AS SUFFERING FROM A SERIOUS IMPAIRMENT11
312	308		THAT LIMITS THE INMATE'S ABILITY TO FUNCTION, OR A SEVERE COGNITIVE12
313	309		IMPAIRMENT, THE DEPARTMENT SHALL NOT SET ASIDE OR DISREGARD13
314	310		THAT DETERMINATION ON THE BASIS THAT AN EMPLOYEE OF THE14
315	311		DEPARTMENT DOES NOT CONCUR IN THAT ASSESSMENT . THE DEPARTMENT15
316	312		SHALL NOT DETERMINE THAT AN INMATE DOES NOT HAVE A SERIOUS16
317	313		IMPAIRMENT THAT LIMITS AN INMATE 'S ABILITY TO FUNCTION BASED ON17
318	314		THE DEPARTMENT'S ABILITY TO ACCOMMODATE THE INMATE 'S PHYSICAL18
319	315		OR MENTAL IMPAIRMENT. THE DEPARTMENT SHALL SUBMIT A REFERRAL19
320	316		TO THE STATE BOARD OF PAROLE FOR ALL OTHER SPECIAL NEEDS20
321	317		OFFENDERS IDENTIFIED BY THE DEPARTMENT . If notification to the district21
322	318		attorney is required pursuant to subsection (3)(c)(II) of this section, the22
323	319		inmate shall authorize the department to release the information described23
324	320		in subsections (3)(b)(I) and (3)(b)(I.5) of this section to the district24
325	321		attorney. An inmate or inmate liaison, if the inmate is unable to, may also25
326	322		request that the department make a determination of whether an inmate26
327	323		is eligible for special needs parole and the department shall make a27
328	324		190
329	325		-10- determination within thirty days after receiving the request. unless a1
330	326		competency evaluation has been requested. The department, in2
331	327		consultation with the state board of parole, shall develop any necessary3
332	328		policies and procedures regarding special needs parole to ensure that:4
333	329		(III.5) T
334	330		HE DEPARTMENT SHARES RELEVANT AND NECESSARY5
335	331		DATA AND INFORMATION WITH THE PUBLIC DEFENDER LIAISONS AS6
336	332		DESCRIBED IN SECTION 21-1-104 IN ORDER TO ALLOW THE LIAISONS TO7
337	333		EFFECTIVELY ASSIST SPECIAL NEEDS PAROLE APPLICANTS .8
338	334		(b) If an inmate meets the eligibility requirements pursuant to9
339	335		section 17-1-102, the department shall submit a referral to the board that,10
340	336		in addition to the requirements of section 17-22.5-404 (4)(a), shall include
341	337		11
342	338		INCLUDES:12
343	339		(V) A
344	340		NY INFORMATION, STATEMENTS, LETTERS, AND DOCUMENTS13
345	341		PROVIDED BY THE INMATE LIAISON OR BY THE PUBLIC DEFENDER LIAISON14
346	342		AS DESCRIBED IN SECTION 21-1-104, IF THE PUBLIC DEFENDER LIAISON15
347	343		PROGRAM IS ASSISTING THE INMATE. THE PAROLE BOARD SHALL REVIEW16
348	344		AND CONSIDER THE SUBMISSION BY THE PUBLIC DEFENDER LIAISON .17
349	345		(b.5) The department shall provide a copy of the referral packet18
350	346		submitted to the parole board to the inmate or inmate liaison
351	347		AND TO THE19
352	348		PUBLIC DEFENDER LIAISON AS DESCRIBED IN SECTION 21-1-104,
353	349		except20
354	350		for the victim impact statement and response from the district attorney.21
355	351		The inmate, or inmate liaison, OR THE PUBLIC DEFENDER LIAISON AS22
356	352		DESCRIBED IN SECTION 21-1-104, has thirty calendar days to submit23
357	353		additional health records or other relevant information not included in the24
358	354		referral packet to the department for submission to the parole board prior25
359	355		to the parole board's decision.26
360	356		(4) (a) The state board of parole shall consider an inmate for27
361	357		190
362	358		-11- special needs parole upon referral by the department and SHALL CONSIDER1
363	359		ALL OF THE INFORMATION PROVIDED TO THE BOARD PURSUANT TO2
364	360		SUBSECTION (3) OF THIS SECTION AND ANY VICTIM IMPACT STATEMENT .3
365	361		(b) The state board of parole shall make a determination of the4
366	362		risk of reoffense that the inmate poses after considering the factors in5
367	363		section 17-22.5-404 (4)(a), as well as the nature and severity of the6
368	364		inmate's medical or physical condition, the age of the inmate, the ability7
369	365		of the department to adequately provide necessary medical or behavioral8
370	366		health treatment, the inmate's CURRENT AND UP-TO-DATE risk and needs9
371	367		assessment scores, the nature and severity of the offense for which the10
372	368		inmate is currently incarcerated, the inmate's criminal history, the inmate's11
373	369		institutional conduct, program and treatment participation, and other12
374	370		relevant risk and risk-reduction factors.13
375	371		(f) If, prior to or during any parole
376	372		REVOCATION hearing,14
377	373		INCLUDING HEARINGS FOR OFFENDERS GRANTED PAROLE PURSUANT TO15
378	374		SUBSECTION (5) OF THIS SECTION, the department or any
379	375		A member of the16
380	376		parole board has a substantial and good-faith reason to believe that the17
381	377		offender is incompetent to proceed, as defined in section 16-8.5-101 (12),18
382	378		the parole board shall suspend all proceedings and notify the public19
383	379		defender liaison described in section 21-1-104 (6). The office of state20
384	380		public defender shall be appointed by the court to represent the inmate21
385	381		and shall file a written motion with the trial court that imposed the22
386	382		sentence to determine competency. The motion must contain a certificate23
387	383		of counsel stating that the motion is based on a good-faith belief that the24
388	384		inmate is incompetent to proceed. The motion must set forth the specific25
389	385		facts that have formed the basis for the motion. The court shall seal the26
390	386		motion. The court shall follow all the relevant procedures in article 8.5 of27
391	387		190
392	388		-12- title 16 regarding the determination of competency. The presence of the1
393	389		inmate is not required unless there is good cause shown.2
394	390		(9) T
395	391		HE DEPARTMENT SHALL INCLUDE IN EACH CONTRACT WITH A3
396	392		LICENSED HEALTH-CARE PROVIDER INVOLVED IN PROVIDING PATIENT CARE4
397	393		TO AN INMATE A REQUIREMENT THAT THE PROVIDER SCREEN EACH5
398	394		PATIENT FOR ELIGIBILITY FOR SPECIAL NEEDS PAROLE .6
399	395		(10) T
400	396		HIS SECTION DOES NOT REQUIRE AN INMATE TO SEEK AN
401	397		7
402	398		OUTSIDE MEDICAL OPINION OF IMPAIRMENT OR SECOND OPINION OF ANY8
403	399		KIND.9
404	400		SECTION 4. In Colorado Revised Statutes, add 2-3-313 as10
405	401		follows:11
406	402		2-3-313. Legislative council staff - study correctional release12
407	403		options for aging and seriously ill offenders. (1) L
408	404		EGISLATIVE COUNCIL13
409	405		STAFF SHALL CONDUCT A STUDY OF OPTIONS FOR RELEASING AGING AND14
410	406		SERIOUSLY ILL OFFENDERS FROM SECURE CUSTODY TO APPROPRIATE CARE15
411	407		OR PLACING OFFENDERS IN ALTERNATIVE PROGRAMS THAT CAN BETTER16
412	408		PROVIDE THE OFFENDER'S NEEDED MEDICAL CARE.17
413	409		(2) T
414	410		HE STUDY MUST INCLUDE, BUT IS NOT LIMITED TO:18
415	411		(a) A
416	412		REVIEW OF THE COMPASSIONATE RELEASE OR SPECIAL NEEDS19
417	413		PAROLE LAWS OF OTHER STATES , INCLUDING A REVIEW OF THE FEDERAL20
418	414		COMPASSIONATE RELEASE LAWS ;21
419	415		(b) A
420	416		DESCRIPTION OF PLACEMENT PROGRAMS IN USE IN OTHER22
421	417		STATES THAT HAVE BEEN SHOWN TO BE EFFECTIVE IN ADDRESSING THE23
422	418		TRANSITION AND PLACEMENT OF THE AGING AND SERIOUSLY ILL OFFENDER24
423	419		POPULATION, INCLUDING A DESCRIPTION OF THE FUNDING SOURCES USED25
424	420		TO SUPPORT THE PROGRAMS, WHICH MUST INCLUDE MEDICAID, MEDICARE,26
425	421		SOCIAL SECURITY, AND ANY OTHER GOVERNMENTAL RESOURCES ;27
426	422		190
427	423		-13- (c) IDENTIFYING ALTERNATIVE FACILITIES THAT ARE AVAILABLE1
428	424		IN COLORADO TO RECEIVE AGING AND SERIOUSLY ILL OFFENDERS ,2
429	425		INCLUDING NURSING HOMES AND OTHER COMMUNITY -BASED RESIDENTIAL3
430	426		OR NON-RESIDENTIAL PROGRAMS;4
431	427		(d) A
432	428		DESCRIPTION OF THE ABILITY OF CURRENT OR FUTURE5
433	429		COMMUNITY CORRECTIONS PROVIDERS TO DEVELOP PLACEMENTS AND6
434	430		PROGRAMS TO SERVE THE AGING AND SERIOUSLY ILL OFFENDER7
435	431		POPULATION, INCLUDING WHETHER THE EXISTING COMMUNITY8
436	432		CORRECTIONS PROGRAMS HAVE THE ABILITY TO SERVE PERSONS WITH
437	433		9
438	434		DISABILITIES AS DEFINED IN THE FEDERAL "AMERICANS WITH DISABILITIES10
439	435		A
440	436		CT OF 1990", 42 U.S.C. SEC. 12101 ET SEQ. IN RESIDENTIAL OR
441	437		11
442	438		NONRESIDENTIAL PROGRAMS ;12
443	439		(e) A
444	440		DESCRIPTION OF THE ABILITY OF THE DEPARTMENT TO13
445	441		ACCESS MEDICAID OR OTHER HEALTH -CARE FUNDS FOR PLACEMENTS14
446	442		OUTSIDE OF THE DEPARTMENT , THE EXTENT OF THE FUNDING, AND HOW15
447	443		THE FUNDING COULD BE INCREASED BY THE PLACEMENT OF AGING AND16
448	444		SERIOUSLY ILL OFFENDERS IN THE COMMUNITY ;
449	445		17
450	446		(f) I
451	447		DENTIFYING ANY STATUTORY OR OTHER LEGAL REGULATIONS18
452	448		THAT CREATE BARRIERS TO THE IMPLEMENTATION OF COMMUNITY -BASED19
453	449		PROGRAMS FOR THE PLACEMENT AND TRANSITION OF AGING AND SPECIAL
454	450		20
455	451		NEEDS OFFENDERS; AND21
456	452		(g) E
457	453		VALUATE THE FEASIBILITY OF OPENING OR RETROFITTING ONE
458	454		22
459	455		OR MORE LOCATIONS TO BE OPERATED BY THE DEPARTMENT OF23
460	456		CORRECTIONS AS AN ELDER-CARE FACILITY FOR AGING AND ILL INMATES.24
461	457		(3) L
462	458		EGISLATIVE COUNCIL STAFF SHALL PREPARE A REPORT25
463	459		SUMMARIZING THE RESULTS OF THE STUDY REQUIRED BY THIS SECTION26
464	460		BEFORE DECEMBER 15, 2025, AND SHALL SUBMIT THE REPORT TO THE27
465	461		190
466	462		-14- DEPARTMENT, THE JOINT BUDGET COMMITTEE , THE LEGISLATIVE AUDIT1
467	463		COMMITTEE, AND THE HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE2
468	464		AND THE SENATE JUDICIARY COMMITTEE , OR THEIR SUCCESSOR3
469	465		COMMITTEES.4
470	466		SECTION 5. Act subject to petition - effective date. This act5
471	467		takes effect at 12:01 a.m. on the day following the expiration of the6
472	468		ninety-day period after final adjournment of the general assembly; except7
473	469		that, if a referendum petition is filed pursuant to section 1 (3) of article V8
474	470		of the state constitution against this act or an item, section, or part of this9
475	471		act within such period, then the act, item, section, or part will not take10
476	472		effect unless approved by the people at the general election to be held in11
477	473		November 2026 and, in such case, will take effect on the date of the12
478	474		official declaration of the vote thereon by the governor.13
479	475		190
480	476		-15-