Colorado 2026 Regular Session Status: Enacted 12 D cosponsors

SB 36 — Prison Population Management Measures

Last action — Governor Signed

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 26, 2026. Enacted.

Signed by Governor Jared Polis (Democratic) on June 01, 2026.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 82% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 29 sponsors

    4 primary, 25 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (12 D).

  • Cleared a recorded vote

    Passed 14 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

In plain language

The bill adjusts prison bed vacancy requirements and notification procedures for population management measures.

This bill increases the threshold for prison bed vacancy rates to 4% before triggering population management measures. It also expands notification requirements and mandates consideration of alternatives to prison for certain offenders.

What this means for you
  • Families: Families may see changes in how offenders are handled, with more alternatives to prison sentences being considered.

Summary

When the prison bed vacancy rate in correctional facilities and state-funded private contract prisons falls below 3% for 30 consecutive days, current law requires the department of corrections (department) to notify certain individuals and entities (notification) and implement prison population management measures. The act increases the threshold prison bed vacancy rate to 4% before the prison population management measures to go into effect. The act includes additional individuals and entities that are required to receive the notification and requires the notification to occur within 48 hours of the vacancy rate falling below 4% for 30 consecutive days. The act requires the individuals and entities that receive the notification to acknowledge receipt of the notification and confirm compliance with the prison population management measures. The act requires additional prison population management measures, including requiring the department to request expanding community corrections capacity and make referrals to the parole board, and requiring notified individuals and entities to consider alternatives to prison sentences for certain offenders.     The act appropriates $303,812 to the department to implement the act. The act decreases the appropriation for the 2026-27 state fiscal year to the department for inmate daily rate payments to local jails by $478,778.(Note: This summary applies to this bill as enacted.)

Bill Text

What changed in the latest version

249 added · 259 removed

Plain-language change summary

The amendments to Bill SB 36 include the addition of legislative sponsors and a clearer declaration emphasizing the importance of prison population management due to overcrowding, which poses risks to the health and safety of both staff and inmates. These changes highlight the need for operational efficiencies in managing prison populations and require notification to key legislative committees when certain conditions about prison bed vacancy rates are met. This matters because it aims to improve the safety and effectiveness of the correctional system while addressing ongoing concerns about overcrowding.

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NOTE:
SENATE BILL 26-036 BYSENATOR(S)Gonzales J.
This bill has been prepared for the signatures of the appropriate legislative officers and the Governor.
and Weissman,Amabile,Benavidez,Cutter, Exum,Hinrichsen,Jodeh,Kipp, Marchman,Rodriguez, Wallace, Coleman;
To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws.
SENATE BILL 26-036 BYSENATOR(S)Gonzales J.andWeissman,Amabile,Benavidez,Cutter, Exum,Hinrichsen,Jodeh,Kipp,Marchman,Rodriguez,Wallace,Coleman;
CONCERNING INCREASING OPERATIONAL EFFICIENCY OF EXISTING PRISON POPULATION MANAGEMENT MEASURES , AND , IN CONNECTION THEREWITH ,MAKING AND REDUCING AN APPROPRIATION .
CONCERNING INCREASING OPERATIONAL EFFICIENCY OF EXISTING PRISON POPULATION MANAGEMENT MEASURES, AND, IN CONNECTION THEREWITH, MAKING AND REDUCING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
Be it enacted by the GeneralAssembly ofthe State ofColorado:
(1) The general assembly finds that:
( 1) The general assembly finds that:
(a) States across the country have enacted prison population managementmeasuresthatrecognizethatovercrowdedprisonfacilitiesare a threat to the health and safety of staff and inmates;
(a) States across the country have enacted prison population managementmeasures thatrecognizethat overcrowdedprison facilities are a threat to the health and safety ofstaffand inmates;
(b) It is universally recognized that ensuring systematic and operationalefficienciescaneffectivelymanageprisonpopulationswithout compromising public safety;
(b) It is universally recognized that ensuring systematic and operational efficiencies can effectively manage prisonpopulations without compromising public safety;
________ Capital letters or bold & italic numbers indicate new material added to existing law;
Capital letters or&bitalic numbers indicate new material added to existing law;
dashes through words or numbers indicate deletions from existing law and such material is not part of the act.
dashes through words or numbers indicate deletionsfrom existing law andsuch material is notpart of the act.
(c) In 2018, the Colorado general assembly unanimously adopted prisonpopulationmanagementmeasuresthat trigger specificactionswhen the department of corrections' prison bed vacancy rate falls below a specified level for 30 consecutive days;
(c) In 2018, the Colorado general assembly unanimously adopted prisonpopulation management measures that trigger specific actions when the department of corrections' prison bed vacancy rate falls below a specified level for 30 consecutive days;
(d) On August 16, 2025, the department of corrections' prison bed vacancyratefelltoalevelthattriggeredtheprisonpopulationmanagement measures for the first time;
(d) On August 16, 2025, the department ofcorrections' prison bed vacancy rate fell to a level thattriggered the prisonpopulation management measures for the first time;
There is limited data available to assess the reasons for this lack of impact sincethereisnodatareportingrequiredbystatelawontheimplementation of the mandated prison population management measures.
There is limited data available to assess the reasons for this lack of impact sincethere is no data reporting required by state law on the implementation ofthe mandated prison population management measures.
However, there is clearly the potential for impact because reliable data indicates that a significant number of inmates are eligible for placement in the community throughcommunitycorrectionsboards,androughly4,600inmatesarepast their parole eligibility date.
However, there is clearly the potential for impact because reliable data indicates that a significant number ofinmates are eligible for placement in the community through community corrections boards, and roughly 4,600 inmates are past their parole eligibility date.
(2) Therefore,thegeneralassemblydeclaresthatrevisingColorado's existing prison population management measures is necessary in order to address operational inefficiencies, obtain necessary data, and increase transparency and accountability, and that the efficient management of prisonpopulationsisamatterof ongoingconcernforcorrectionalstaff and inmates.
(2) Therefore,thegeneralassemblydeclaresthatrevisingColorado's existing prison population management measures is necessary in order to address operational inefficiencies, obtain necessary data, and increase transparency and accountability, and that the efficient management of prison populations is a matterofongoing concern for correctional staffand inmates.
(1) (a) The department shall track the prison bed vacancy rate in bothcorrectionalfacilitiesandstate-fundedprivatecontractprisonbedson a monthly basis.
(1) (a) The department shall track the prison bed vacancy rate in both correctional facilities and state-fundedprivate contractprison beds on a monthly basis.
If the PRISON BED vacancy rate falls below three FOUR percent for thirty consecutive days, the department shall, WITHIN FORTY -EIGHT HOURS , notifyTHE FOLLOWING :
If the PRISON BED vacancy rate falls below three FOUR percent for thirty consecutive days, the department shall, WITHIN FORTY-EIGHT HOURS, notify THE FOLLOWING:
(III) THE HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE AND THE SENATE JUDICIARY COMMITTEE ,OR THEIR SUCCESSOR COMMITTEES ;
(Ill)THE HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE AND THE SENATE JUDICIARY COMMITTEE, OR THEIR SUCCESSOR COMMITTEES;
(IV) The parole board AND EACH RELEASE HEARING OFFICER AND ADMINISTRATIVE HEARING OFFICER UNDER CONTRACT WITH THE PAROLE BOARD ;
(IV) The parole board AND EACH RELEASE HEARING OFFICER AND ADMINISTRATIVE HEARING OFFICER UNDER CONTRACT WITH THE PAROLE BOARD;
(V) T HE OFFICE OF COMMUNITY CORRECTIONS IN THE DEPARTMENT OF PUBLIC SAFETY ;
(V) THE OFFICE OF COMMUNITY CORRECTIONS IN THE DEPARTMENT OF PUBLIC SAFETY;
(VI) E ACH COMMUNITY CORRECTIONS BOARD AND COMMUNITY CORRECTIONS PROGRAM , AS THOSE TERMS ARE DEFINED IN SECTION 17-27-102;
(VI) EACH COMMUNITY CORRECTIONS BOARD AND COMMUNITY CORRECTIONS PROGRAM, AS THOSE TERMS ARE DEFINED IN SECTION 17-27-102;
(VIII) THEOFFICEOFSTATEPUBLICDEFENDERCREATEDINSECTION 21-1-101;
(VIII)THE OFFICE OF STATE PUBLIC DEFENDERCREATED IN SECTION 21-1-101;
(IX) T HE OFFICE OF ALTERNATE DEFENSE COUNSEL CREATED IN SECTION 21-2-101;
(IX) THE OFFICE OF ALTERNATE DEFENSE COUNSEL CREATED IN SECTION 21-2-101;
(X) The chief judge of each judicial district;
(X) The chief judge o f each judicial district;the state public defender, and the c,ffice c,f cmnmunicy cmrections in the department of public safety.
the state public defender, and the office of community corrections in the department of public safety.
The department shall nc,tify the gc,vemm, the jc,int budget cc,mmittee, the _parole board, each elected disttict attmney, the chiefjudge c,f each judicial district, the state public defender, and the c,ffice c,f community cmtectic,ns oncethe vacancy Iateexceeds fom petcentfor thirty cmrsecutive days.
The department shall notify the governor, the joint budget committee, the parole board, each elected district attorney, the chief judge of each judicial district, the state public defender, and the office of communitycorrectionsoncethevacancyrateexceedsfourpercentforthirty consecutive days.
(XI) THE CHIEF PROBATION OFFICER IN EACH JUDICIAL DISTRICT;
(XI) T HE CHIEF PROBATION OFFICER IN EACH JUDICIAL DISTRICT;
(XII) THE OFFICE OF THE STATE COURT ADMINISTRATOR;
(XII) T HE OFFICE OF THE STATE COURT ADMINISTRATOR ;AND (XIII) EACH COUNTY SHERIFF OF COLORADO .
AND (XIII) EACH COUNTY SHERIFF OF COLORADO.
(b) IFTHE MANDATESREQUIRED PURSUANT TO THIS SECTION ARE IN EFFECT AND THE PRISON BED VACANCY RATE IS FOUR PERCENT OR HIGHER PAGE 3-SENATE BILL 26-036 FOR THIRTY CONSECUTIVE DAYS ,THE DEPARTMENT SHALL NOTIFY EACH PERSONANDENTITYLISTEDINSUBSECTION (1)(aOFTHISSECTIONTHATTHE MANDATES REQUIRED PURSUANT TO THIS SECTION ARE NO LONGER IN EFFECT.
(b) IF THE MANDATES REQUIRED PURSUANTTO THIS SECTION ARE IN EFFECT AND THE PRISON BED VACANCY RATE IS FOUR PERCENT OR HIGHER PAGE 3-SENATE BILL 26-036 FOR THIRTY CONSECUTIVE DAYS, THE DEPARTMENT SHALL NOTIFY EACH PERSONAND ENTITYLISTEDIN SUBSECTION ( 1)(a) OFTHIS SECTIONTHATTHE MANDATES REQUIRED PURSUANT TO THIS SECTION ARE NO LONGER IN EFFECT.
(c) EACH INDIVIDUAL AND ENTITY THAT RECEIVES NOTIFICATION PURSUANT TO SUBSECTION (1)(a)OF THIS SECTION SHALL ACKNOWLEDGE RECEIPTOFTHENOTIFICATION INWRITING ,ANDCONFIRMCOMPLIANCEWITH THENOTIFICATIONREQUIREMENTSDESCRIBEDINSUBSECTION (2)(eOFTHIS SECTION.
(C) EACH INDIVIDUAL AND ENTITY THAT RECEIVES NOTIFICATION PURSUANT TO SUBSECTION (l)(a ) OF THIS SECTION SHALL ACKNOWLEDGE RECEIPTOFTHENOTIFICATION, IN WRITING, AND CONFIRMCOMPLIANCEWITH THENOTIFICATIONREQUIREMENTS DESCRIBEDINSUBSECTION (2)e) OFTHIS SECTION.
(d) THE NOTIFICATION TO THE GOVERNOR AND THE PAROLE BOARD MUST BE UPDATED EVERY THIRTY DAYS WHILE THE MANDATES REQUIRED PURSUANT TO THIS SECTION ARE IN EFFECT AND INCLUDE AN ESTIMATE OF THE REDUCTION IN THE INMATE POPULATION NEEDED TO ACHIEVE A PRISON BED VACANCY RATE OF FOUR PERCENT OR HIGHER .
(d) THE NOTIFICATION TO THE GOVERNOR AND THE PAROLE BOARD MUST BE UPDATED EVERY THIRTY DAYS WHILE THE MANDATES REQUIRED PURSUANT TO THIS SECTION ARE IN EFFECT AND INCLUDE AN ESTIMATE OF THE REDUCTION IN THE INMATE POPULATION NEEDED TO ACHIEVE A PRISON BED VACANCY RATE OF FOUR PERCENT OR HIGHER.
(2) (a) If theISON BED vacancy rate in correctional facilities and state-fundedprivatecontractprisonbedsfallsbelowthreeUR percentfor thirty consecutive days, the department shall:
(2)(a)If the PRISON BED vacancy rate in correctional facilities and state-funded private contract prison beds falls threeFOURpercent for thirty consecutive days, the department shall:
(I) (A) Request the office of community corrections tode the department with information regarding the location and nature of any unutilizedcommunity corrections beds.
(I(A ) Request the office o f community correctitosprovide the department w ith information regarding the location and nature o f any unutilized community corrections beds.
The office of community corrections shall provide the information THE DEPARTMENT within seventy-two hours ofAFTER the request and on a weekly basis until the office of community corrections receives notification FROM THE DEPARTMENT that the vacancy rate exceeds three percenMANDATES REQUIRED BY THIS SECTION ARE NO LONGER IN EFFECT (B) R EQUEST ,IN WRITING,THAT EACH COMMUNITY CORRECTIONS PROVIDERREVIEWTHESTATUTORYCRITERIAFOREACHTRANSITIONINMATE WHO HAS RESIDED IN THE COMMUNITY CORRECTIONS PROGRAM OPERATED BY THE PROVIDER FOR MORE THAN ONE HUNDRED EIGHTY DAYS AND WHO MEETSTHEPROGRAMOBJECTIVESFORANINTENSIVESUPERVISIONPROGRAM PURSUANT TO SECTION 17-27.5-101,AND PROVIDE THE DEPARTMENT WITH ALISTOFINTENSIVESUPERVISIONPROGRAM ELIGIBLETRANSITIONINMATES WITH EMPLOYMENT AND HOUSING OPTIONS .A FTER RECEIVING THE LIST OF TRANSITIONINMATES THEDEPARTMENTSHALLINVESTIGATEANDAPPROVE ARESIDENCE PLANFOREACHTRANSITIONINMATE ON THE LIST ANDSUBMIT PAGE 4-SENATE BILL 26-036 THE APPROVED RESIDENCE PLAN TO THE RELEVANT COMMUNITY CORRECTIONS BOARD .
The office o f community corrections shall provide the information TO THE DEPARTMENT within seventy-two hours of AFTER the request and on a weekly basis until the office o f community corrections receives notification FROM THE DEPARTMENT that the vacancy rate exceeds thtee petcent MANDATES REQUIRED BY THIS SECTION ARE NO LONGER IN EFFECT.
(C) REQUEST , IN WRITING, THAT THE OFFICE OF COMMUNITY CORRECTIONS INVESTIGATE EXPANDING THE CAPACITY FOR INMATE TRANSITIONBEDSINCOMMUNITYCORRECTIONSPROGRAMSTHATCOULDBE PROVIDED ON A TEMPORARY OR LONGER -TERM BASIS , INCLUDING THE POTENTIAL NUMBER OF BEDS .
(8) REQUEST, IN WRITING, THAT EACH COMMUNITY CORRECTIONS PROVIDERREVIEWTHESTATUTORYCRITERIAFOREACHTRANSITION INMATE WHO HAS RESIDED IN THE COMMUNITY CORRECTIONS PROGRAM OPERATED BY THE PROVIDER FOR MORE THAN ONE HUNDRED EIGHTY DAYS AND WHO MEETSTHEPROGRAMOBJECTIVES FORANINTENSIVESUPERVISIONPROGRAM PURSUANT TO SECTION 17-27.5-101, AND PROVIDE THE DEPARTMENT WITH A LISTOFINTENSIVESUPERVISIONPROGRAM-ELIGIBLETRANSITION INMATES WITH EMPLOYMENT AND HOUSING OPTIONS.
THE OFFICE OF COMMUNITY CORRECTIONS SHALL PROVIDE THE RESULTS OF THE INVESTIGATION TO THE DEPARTMENT AND THE JOINT BUDGET COMMITTEE .
AFTER RECEIVING THE LIST OF TRANSITION INMATES,THEDEPARTMENTSHALLINVESTIGATEAND APPROVE A RESIDENCE PLAN FOREACH TRANSITION INMATE ON THE LIST AND SUBMIT PAGE 4-SENATE BILL 26-036 THE APPROVED RESIDENCE PLAN TO THE RELEVANT COMMUNITY CORRECTIONS BOARD.
(D) R EQUIRE THAT DEPARTMENT CASE MANAGERS REVIEW THE ELIGIBILITY OF EACH INMATE FOR COMMUNITY CORRECTIONS PROGRAM PLACEMENT AND INITIATE A REFERRAL OF AN INMATE WHO IS ELIGIBLE TO THE RELEVANT COMMUNITY CORRECTIONS BOARD WITHIN SEVEN DAYS AFTER THE ELIGIBILITY DETERMINATION ;AND (E) R EQUIRE THAT THE DIVISION OF ADULT PAROLE NOTIFY EACH COMMUNITY PAROLE OFFICER ,IN WRITING,OF THE PRISON BED SHORTAGE AND REQUEST THAT PAROLE OFFICERS CONSIDER ALTERNATIVE SANCTIONS FOR TECHNICAL VIOLATIONS OF PAROLE BY A TRANSITION INMATE , IF LAWFULLY AVAILABLE AND CONSISTENT WITH PUBLIC SAFETY .
(C) REQUEST, IN WRITING, THAT THE OFFICE OF COMMUNITY CORRECTIONS INVESTIGATE EXPANDING THE CAPACITY FOR INMATE TRANSITION BEDS IN COMMUNITY CORRECTIONS PROGRAMS THATCOULD BE PROVIDED ON A TEMPORARY OR LONGER-TERM BASIS, INCLUDING THE POTENTIAL NUMBER OF BEDS.
(II) Request that the parole board review a list of inmates who are within ninetydays of theirmandatoryreleasedatehavean approved parole plan,anddonotrequirefullboardrevieworvictimnotificationpursuantto section 24-4.1-302.5 (1)(j).
THE OFFICE OF COMMUNITY CORRECTIONS SHALL PROVIDE THE RESULTS OF THE INVESTIGATION TO THE DEPARTMENT AND THE JOINT BUDGET COMMITTEE.
(III) Coordinate with the parole board to review the W ITHIN FOURTEEN DAYS AFTER PROVIDING THE NOTIFICATION PURSUANT TO SUBSECTION (1)(a)OF THIS SECTION,CREATE A list of inmates who have satisfied conditions for conditional release, verified by the department of corrections,donotrequirefullboardrevieworvictimnotificationpursuant tosection24-4.1-302.5(1)(j),andhavesatisfiedtheconditionorconditions required for an order to parole.
(D) REQUIRE THAT DEPARTMENT CASE MANAGERS REVIEW THE ELIGIBILITY OF EACH INMATE FOR COMMUNITY CORRECTIONS PROGRAM PLACEMENT AND INITIATE A REFERRAL OF AN INMATE WHO IS ELIGIBLE TO THE RELEVANT COMMUNITY CORRECTIONS BOARD WITHIN SEVEN DAYS AFTER THE ELIGIBILITY DETERMINATION;
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and DEPARTMENT SHALL INFORM THE PAROLE BOARD IF A LISTED INMATE HAS SATISFIED THE CONDITIONS REQUIREDFORRELEASE .IFASPECIFICCONDITIONRELATESTOCOMPLETING A PROGRAM AND THE CONDITION HAS NOT BEEN SATISFIED ,THE PAROLE BOARD SHALL DETERMINE WHETHER THE CONDITION CAN BE SATISFIED AFTER RELEASE AND MANDATED AS A CONDITION OF PAROLE .
AND (E) REQUIRE THAT THE DIVISION OF ADULT PAROLE NOTIFY EACH COMMUNITY PAROLE OFFICER, IN WRITING, OF THE PRISON BED SHORTAGE AND REQUEST THAT PAROLE OFFICERS CONSIDER ALTERNATIVE SANCTIONS FOR TECHNICAL VIOLATIONS OF PAROLE BY A TRANSITION INMATE, IF LAWFULLY AVAILABLE AND CONSISTENT WITH PUBLIC SAFETY.
PAGE 5-SENATE BILL 26-036 (IV) (A) W ITHIN FOURTEEN DAYS AFTER PROVIDING THE NOTIFICATIONPURSUANTTOSUBSECTION (1)(a) OFTHISSECTION ,submitto the parole board a list of eligible inmates with a favorable parole plano have been assessed to be medium or lower risk on the validated risk assessment scale developed pursuant to section 17-22.5-404 (2), OR WHO HAVE BEEN CLASSIFIED AS MINIMUM OR MINIMUM RESTRICTIVE CUSTODY , AND WHO ARE PAST THEIR PAROLE ELIGIBILITY DATE .
(II) Request that the parole board review a list of inmates who are within ninety days oftheir mandatory release date have an approved parole plan;
THE PAROLE BOARD SHALLCONSIDERTHELISTASANINDIVIDUALAPPLICATIONFORPAROLEFOR EACH INMATE ON THE LIST AND REVIEW EACH APPLICATION CONSISTENT WITHSECTION 17-2-201.
and do not require full board review orvictim notification pursuantto section 24-4.1-302.5 (I)(j).
Except as provided in subsection (2)(a)(IV)(B) of this section, the parole board shall conduct a file review of each inmate on the list and set conditions of release for the inmate within thirty days after receipt of the list and set a day of release no later than thirty days after conducting the file review.
(III) Coordinate with the parole board to review theWITHIN FOURTEEN DAYS AFTER PROVIDING THE NOTIFICATION PURSUANT TO SUBSECTION (l)(aOF THIS SECTION, CREATE A list of inmates who have satisfied conditions for conditional release, verified b, the departrnent of eoneetions, do notrequire full board review orvictim notificationpursuant to section24-4.1-302.5 (l)G), andhavesatisfiedthecondition orconditions required for an order to parole.THE DEPARTMENT SHALL INFORM THE PAROLE BOARD IF A LISTED INMATE HAS SATISFIED THE CONDITIONS REQUIRED FOR RELEASE.
(B) If victim notification is required and a victimwishes to provide input, the parole board shall schedule a hearing in lieu of a file review and set conditions of release for the inmate and a date of release no later than thirty days after conducting the hearing.
IF A SPECIFIC CONDITION RELATES TO COMPLETING A PROGRAM AND THE CONDITION HAS NOT BEEN SATISFIED, THE PAROLE BOARD SHALL DETERMINE WHETHER THE CONDITION CAN BE SATISFIED AFTER RELEASE AND MANDATED AS A CONDITION OF PAROLE.
(C) If additional information is needed, the parole board may table adecisionafterthefilerevieworhearingandrequestadditionalinformation from the department.
PAGE 5-SENATE BILL 26-036 (IV) (A) WITHIN FOURTEEN DAYS AFTER PROVIDING THE NOTIFICATION PURSUANTTO SUBSECTION (l)(a) OFTHIS SECTION, submitto the parole board a list ofeligible inmates with a favorable parole plan who have been assessed to be medium or lower risk on the validated risk assessment scale developed pursuant to section 17-22.5-404 (2), OR WHO HAVE BEEN CLASSIFIED AS MINIMUM OR MINIMUM RESTRICTIVE CUSTODY, AND WHO ARE PAST THEIR PAROLE ELIGIBILITY DATE.
The parole board may grant or deny parole to an applicant, and, if the decision is to deny parole, it must be based on a majority vote of the full board.
THE PAROLE BOARD SHALL CONSIDERTHE LIST AS AN INDIVIDUAL APPLICATION FORPAROLE FOR EACH INMATE ON THE LIST AND REVIEW EACH APPLICATION CONSISTENT WITH SECTION 17-2-201.
(D) An inmate is not eligible for release pursuant to this section if he or she is serving a sentence for an offense enumerated in section 24-4.1-302 or section 16-22-102 (9) or has had a class I code of penal discipline violation within the previous twelve months fromthe date of the listorsinceincarceration,whicheverisshorter;hasbeenterminatedforlack of progress or declined in writing to participate in programs that have been recommendedandmadeavailableto the inmate within theprevioustwelve months or since incarceration, whichever is shorter;
Except as provided in subsection (2)(a)(IV)(B) of this section, the parole board shall conduct a file review ofeach inmate on the list and set conditions ofrelease for the inmate within thirty days after receipt of the list and set a day of release no later than thirty days after conducting the file review.
has been regressed from community-corrections or revoked from parole within the previous one hundred eighty days;
(B) Ifvictim notification is required and avictim wishes to provide input, the parole board shall schedule a hearing in lieu ofa file review and set conditions of release for the inmate and a date of release no later than thirty days after conducting the hearing.
or has a pending felony charge, detainer, or an extraditable warrant.
(C) Ifadditional information is needed, the parole board may table adecisionafterthefile revieworhearingandrequestadditional information from the department.
(E) An inmate is eligible for release pursuant to this subsection (2)(a)(IV) if the inmate is at or past his or her parole eligibility date and is PAGE 6-SENATE BILL 26-036 only serving a sentence for a conviction of a level 3 or level 4 drug felony or a class 3, class 4, class 5, or class 6 nonviolent felony offense.
The parole board may grant or deny parole to an applicant, and, if the decision is to deny parole, it must be based on-a majority vote ofthe full board.
(D) IF AN INMATE HAS A PENDING FELONY CHARGE ,DETAINER ,OR EXTRADITABLE WARRANT ,AND IS OTHERWISE ELIGIBLE FOR RELEASE TO PAROLE ,THE DEPARTMENT SHALL NOTIFY THE LIAISON FOR THE OFFICE OF STATE PUBLIC DEFENDER , AS DESCRIBED IN SECTION 21-1-104 (6),TO DETERMINE WHETHER THE LEGAL MATTER CAN BE RESOLVED ON A FORTHWITH BASIS .
(D) An inmate is not eligible for release ptnsuant to this section if he or she is ser ving a sentence for an offense enumerated in section 24-4.1-302 or section 16-22-102 (9) or has had a class I code of penal discipline violation within the previous twelve months frorn the date ofthe listor sinceincarceration, whichever isshorter,has beenterminated for lack ofprogress or declined in writing to participate in.programs that have been recommended and made a'\lailable to the inmate within the previous twelve months 01 since incarceration, whichever is shorter, has been regressed ftom cornmunity-coneetions or revoked fron1 parole within the previons one hundred eighty days;
(V) (A) W ITHIN FOURTEEN DAYS AFTER AN OFFENDER IS ADMITTED TO THE CUSTODY OF THE DEPARTMENT AS A NEW COURT COMMITMENT ,IF THEOFFENDERISDETERMINEDBYTHEDEPARTMENTDURINGADMISSIONTO BE PAST OR WITHIN NINETY DAYS OF THE OFFENDER S PAROLE ELIGIBILITY DATE AND THE OFFENDER IS NOT SERVING A SENTENCE FORALEVEL 1 DRUG FELONY OR FOR AN OFFENSE ENUMERATED IN SECTION 24-4.1-302 (1)OR 16-22-102 (9),NOTIFY THE SENTENCING COURT AND PROVIDE THE COURT WITH INFORMATION ON THE OFFENDER 'S PAROLE ELIGIBILITY DATE , MANDATORY RELEASE DATE , AND THE RESULTS OF ANY INTAKE ASSESSMENTS .
or has a pending felony charge, detainer, or an extraditable wanant.
(B) IF A SENTENCING COURT RECEIVES NOTICE FROM THE DEPARTMENTPURSUANTTOSUBSECTION (2)(a)(V)(A)OFTHISSECTION ,THE COURTSHALLNOTIFYCOUNSELFORTHEDEFENDANTANDTHEPROSECUTION ANDREQUESTTHATTHEDEFENDANTFILEAMOTIONFORRECONSIDERATION , IFTHEDEFENDANTCHOOSESTODOSO ,UNLESSTHEPRISONSENTENCEISTHE RESULT OF A STIPULATED PLEA AGREEMENT FOR AN EXACT NUMBER OF YEARSINPRISON .FTHECOURTRECEIVESAMOTIONFORRECONSIDERATION , THE COURT MAY GRANT THE MOTION WITH OR WITHOUT SCHEDULING A HEARINGANDMAYIMPOSEANALTERNATIVESENTENCEEXCEPTASENTENCE TO JAIL.THE COURT SHALL DECIDE THE MATTER WITHIN THIRTY FIVE DAYS AFTER THE FILING OF THE MOTION.
(E) An imnate is eligible for release pmsuant to this subsection (2)(a)(IV) ifthe inmate is at or past his or her parole eligibility date and is PAGE 6-SENATE BILL 26-036 only ser ving a sentence for a eonvietion ofa level 3 or level 4 drug felony or a class 3, class 4, class 5, or class 6 nonviolent felony offense.
(b) (I) WHILE THE MEASURES DESCRIBED IN SUBSECTION (2)(aOF THIS SECTION ARE IN EFFECT ,THE PAROLE BOARD MAY GRANT OR DENY PAROLE TO AN APPLICANT WHO IS ELIGIBLE FOR PAROLE PURSUANT TO THIS SECTION ,AND,IF THE DECISION IS TO DENY PAROL,THE DECISION MUST BE BASED ON A MAJORITY VOTE OF THE FULL PAROLE BOARD .
(D) IF AN INMATE HAS A PENDING FELONY CHARGE, DETAINER, OR EXTRADITABLE WARRANT, AND IS OTHERWISE ELIGIBLE FOR RELEASE TO PAROLE, THE DEPARTMENT SHALL NOTIFY THE LIAISON FOR THE OFFICE OF STATE PUBLIC DEFENDER, AS DESCRIBED IN SECTION 21-1-104 (6),TO DETERMINE WHETHER THE LEGAL MATTER CAN BE RESOLVED ON A FORTHWITH BASIS.
(II) A PAROLE APPLICATION HEARING OR RECONSIDERATION OF PAGE 7-SENATE BILL 26-036 SENTENCINGHEARINGHELDPURSUANTTOTHISSECTIONMUSTCOMPLYWITH THE APPLICABLE PROVISIONS SET FORTH IN SECTIONS 24-4.1-302.5AND 24-4.1-303.
(V) (A) WITHIN FOURTEEN DAYS AFTER AN OFFENDER IS ADMITTED TO THE CUSTODY OF THE DEPARTMENT AS A NEW COURT COMMITMENT, IF THE OFFENDER IS DETERMINED BY THE DEPARTMENT DURING ADMISSION TO BE PAST OR WITHIN NINETY DAYS OF THE OFFENDER'S PAROLE ELIGIBILITY DATE AND THE OFFENDER IS NOT SERVING A SENTENCE FORA LEVEL 1DRUG FELONY OR FOR AN OFFENSE ENUMERATED IN SECTION 24-4.1-302 (1)OR 16-22-102 (9)NOTIFY THE SENTENCING COURT AND PROVIDE THE COURT WITH INFORMATION ON THE OFFENDER'S PAROLE ELIGIBILITY DATE, MANDATORY RELEASE DATE, AND THE RESULTS OF ANY INTAKE ASSESSMENTS.
(III) AN INMATE IS NOT ELIGIBLE FOR CONSIDERATION OF RELEASE PURSUANT TO THIS SECTION IF THE INMATE IS SERVING A SENTENCE FOR A LEVEL 1 DRUG FELONY OR FOR AN OFFENSE ENUMERATED IN SECTION 24-4.1-302(1)OR 16-22-102 (9)OR HAS BEEN FOUND GUILTY OF A CLASS I CODE OF PENAL DISCIPLINE VIOLATION WITHIN THE PREVIOUS TWELVE MONTHS OR SINCE INCARCERATION ,WHICHEVER IS SHORTER .
(B) IF A SENTENCING COURT RECEIVES NOTICE FROM THE DEPARTMENTPURSUANTTOSUBSECTION (2)(a)(V)(A)OFTHISSECTION,THE COURTSHALLNOTIFY COUNSELFORTHE DEFENDANTANDTHE PROSECUTION ANDREQUESTTHATTHEDEFENDANTFILEAMOTIONFORRECONSIDERATION, IFTHE DEFENDANTCHOOSESTO DO SO, UNLESS THE PRISON SENTENCE ISTHE RESULT OF A STIPULATED PLEA AGREEMENT FOR AN EXACT NUMBER OF YEARS IN PRISON.
(IV) ACTIONSTAKENREGARDINGPLACEMENT TRANSFER OROTHER MOVEMENT OFANINMATE PURSUANT TO THIS SECTION MUST COMPLYWITH THE APPLICABLE PROVISIONS SET FORTH IN SECTIONS 24-4.1-302.5AND 24-4.1-303.
IFTHECOURTRECEIVES AMOTION FORRECONSIDERATION, THE COURT MAY GRANT THE MOTION WITH OR WITHOUT SCHEDULING A HEARINGAND MAY IMPOSEANALTERNATIVESENTENCEEXCEPTASENTENCE TO JAIL.
(V) T HEDEPARTMENTMAYREFERANINMATERELEASEDPURSUANT TO THIS SECTION WHO MAY BENEFIT FROM COMMUNITY -BASED SUPPORT SERVICES TO A COMMUNITY -BASED REENTRY PROGRAM THAT RECEIVES FUNDING FROM THE REENTRY SERVICES GRANT PROGRAM DESCRIBED IN SECTION 17-33-101(7)OROTHERCOMMUNITY BASEDPROGRAMSTHATTHE DEPARTMENT CONTRACTS WITH FOR REENTRY SERVICES TO PROMOTE THE INMATE S SUCCESSFUL REINTEGRATION .
THE COURT SHALL DECIDE THE MATTER WITHIN THIRTY-FIVE DAYS AFTER THE FILING OF THE MOTION.
(b)(c) The department mayutilize any, all, or a combination of the measuresdescribedinsubsection(2)(a)ofthissectionwhenthe PRISONBED vacancy rate falls below tFOUR percent for thirty consecutive days and until the vacancy rate is above threeR percent for thirty consecutive days.
(b) (I)WHILE THE MEASURES DESCRIBED IN SUBSECTION (2)(a)OF THIS SECTION ARE IN EFFECT, THE PAROLE BOARD MAY GRANT OR DENY PAROLE TO AN APPLICANT WHO IS ELIGIBLE FOR PAROLE PURSUANT TO THIS SECTION, AND, IF THE DECISION IS TO DENY PAROLE, THE DECISION MUST BE BASED ON A MAJORITY VOTE OF THE FULL PAROLE BOARD.
(d) (I) I THE MEASURES DESCRIBED IN SUBSECTION (2)(aOF THIS SECTIONDONOTRESULTINACHIEVINGAPRISONBEDVACANCYRATEABOVE FOUR PERCENT WITHIN ONE HUNDRED TWENTY DAYS AFTER THE NOTIFICATIONS PROVIDED PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION ,THE DEPARTMENT SHALL ,WITHIN THIRTY DAYS AFTER THE DETERMINATION THAT THE MEASURES DO NOT RESULT IN ACHIEVING THE SPECIFIC RATES,SUBMIT TO THE PAROLE BOARD AND THE GOVERNOR A LIST OF INMATES WHO ARE SERVING A SENTENCE IN THE DEPARTMENT AND WHO ARE ELIGIBLE FOR PAROLE ,NOTWITHSTANDING ANY OTHER PROVISION OF LAW ;
(II) A PAROLE APPLICATION HEARING OR RECONSIDERATION OF PAGE 7-SENATE BILL 26-036 SENTENCINGHEARINGHELD PURSUANTTOTHIS SECTIONMUSTCOMPLY WITH THE APPLICABLE PROVISIONS SET FORTH IN SECTIONS 24-4.1-302.5 AND 24-4.1-303.
RECOMMENDS FOR TRANSFER TO COMMUNITY CORRECTIONS FOR PAGE 8-SENATE BILL 26-036 RESIDENTIAL OR NONRESIDENTIAL PLACEMENT ;OR RECOMMENDS FOR ANY OTHERFORMOFRELEASE ,INCLUDING ,BUTNOTLIMITEDTO ,COMMUTATION OF THE INMATE'S SENTENCE BY THE GOVERNOR .
(111AN INMATE IS NOT ELIGIBLE FOR CONSIDERATION OF RELEASE PURSUANT TO THIS SECTION IF THE INMATE IS SERVING A SENTENCE FOR A LEVEL 1 DRUG FELONY OR FOR AN OFFENSE ENUMERATED IN SECTION 24-4.1-302 (1) OR 16-22-102(9)OR HAS BEEN FOUND GUILTY OF A CLASS I CODE OF PENAL DISCIPLINE VIOLATION WITHIN THE PREVIOUS TWELVE MONTHS OR SINCE INCARCERATION, WHICHEVER IS SHORTER.
(II) N OTWITHSTANDING ANY OTHER PROVISION OF LAW ,UPON RECEIPT OF THE LIST PROVIDED BY THE DEPARTMENT PURSUANT TO SUBSECTION (2)(d)(IOF THIS SECTIO:
(IV) ACTIONSTAKEN REGARDING PLACEMENT,TRANSFER, OROTHER MOVEMENTOF AN INMATE PURSUANTTO THIS SECTION MUST COMPLY WITH THE APPLICABLE PROVISIONS SET FORTH IN SECTIONS 24-4.1-302.5 AND 24-4.1-303.
(A) T HE PAROLE BOARD MAY RELEASE AN INMATE WHO IS NOT SERVING A SENTENCE FOR A LEVEL 1 DRUG FELONY OR FOR AN OFFENSE ENUMERATED IN SECTION 24-4.1-302(1)OR 16-22-102(9)NINETY DAYS IN ADVANCE OF THE INMATE 'S CURRENT PAROLE ELIGIBILITY DAT;
(V) THE DEPARTMENTMAY REFER AN INMATE RELEASED PURSUANT TO THIS SECTION WHO MAY BENEFIT FROM COMMUNITY-BASED SUPPORT SERVICES TO A COMMUNITY-BASED REENTRY PROGRAM THAT RECEIVES FUNDING FROM THE REENTRY SERVICES GRANT PROGRAM DESCRIBED IN SECTION 17-33-101 (7) OROTHERCOMMUNITY-BASED PROGRAMSTHATTHE DEPARTMENT CONTRACTS WITH FOR REENTRY SERVICES TO PROMOTE THE INMATE'S SUCCESSFUL REINTEGRATION.
(B) THE DEPARTMENT MAY REFER THE INMATE FOR PLACEMENT IN A COMMUNITY CORRECTIONS PROGRAM ;AND (C) THE GOVERNOR MAY CONSIDER AND GRANT COMMUTATION OF THE INMATE S SENTENCE.
fb7 (c) The department may utilize any, all, or a combination o f the measures described in subsection (2)(a) o fthis section when the PRISON BED vacancy rate falls beltwo FOUR percent for thirty consecutive days and until the vacancy rate is abothreeFOUR percent for thirty consecutive days.
(e) ITHE PRISON BED VACANCY RATE FALLS BELOWFOUR PERCENT FORTHIRTYCONSECUTIVEDAYSANDANOTIFICATIONISMADEPURSUANTTO SUBSECTION (1)(a)OF THIS SECTION AND RECEIVED B:
(d) (I) IF THE MEASURES DESCRIBED IN SUBSECTION (2)(a) OF THIS SECTION DONOTRESULTINACHIEVINGAPRISON BEDVACANCY RATEABOVE FOUR PERCENT WITHIN ONE HUNDRED TWENTY DAYS AFTER THE NOTIFICATIONS PROVIDED PURSUANT TO SUBSECTION (l)(a) OF THIS SECTION, THE DEPARTMENT SHALL, WITHIN THIRTY DAYS AFTER THE DETERMINATION THAT THE MEASURES DO NOT RESULT IN ACHIEVING THE SPECIFIC RATES, SUBMIT TO THE PAROLE BOARD AND THE GOVERNOR A LIST OF INMATES WHO ARE SERVING A SENTENCE IN THE DEPARTMENT AND WHO ARE ELIGIBLE FOR PAROLE, NOTWITHSTANDING ANY OTHER PROVISION OF LAW;
(I) AN ELECTED DISTRICT ATTORNEY ,THE ELECTED DISTRICT ATTORNEY SHALL NOTIFY EACH DEPUTY DISTRICT ATTORNEY ASSIGNED TO FELONY CASES AND EACH DEPUTY DISTRICT ATTORNEY SERVING ON THE LOCAL COMMUNITY CORRECTIONS BOARD OF THE PRISON BED SHORTAGE AND THAT PRISON POPULATION MANAGEMENT MEASURES ARE IN EFFECT ;
RECOMMENDS FOR TRANSFER TO COMMUNITY CORRECTIONS FOR PA G E 8-SENATE BILL 26-036 RESIDENTIAL OR NONRESIDENTIAL PLACEMENT;
(II) THE OFFICE OF STATE PUBLIC DEFENDER ,THE OFFICE SHALL NOTIFYEACHATTORNEYASSIGNEDTOREPRESENTANINDIVIDUALCHARGED WITH A FELONY OFFENSE AND EACH ATTORNEY SERVING ON THE LOCAL COMMUNITYCORRECTIONSBOARDOFTHE CURRENT PRISONBEDSHORTAGE AND THAT PRISON POPULATION MANAGEMENT MEASURES ARE IN EFFECT , AND REQUEST THAT EACH ATTORNEY UTILIZE AVAILABLE RESOURCES TO INVESTIGATEANDADVOCATEFORANALTERNATIVETOAPRISONSENTENCE , IF LAWFULLY AVAILABLE , FOR CASES PENDING SENTENCING OR RESENTENCING ;
OR RECOMMENDS FOR ANY OTHERFORM OF RELEASE, INCLUDING, BUTNOT LIMITED TO, COMMUTATION OF THE INMATE'S SENTENCE BY THE GOVERNOR.
(III) THE OFFICE OF ALTERNATE DEFENSE COUNSEL ,THE OFFICE PAGE 9-SENATE BILL 26-036 SHALL NOTIFY EACH ATTORNEY ASSIGNED TO REPRESENT AN INDIVIDUAL CHARGEDWITHAFELONYOFFENSEOFTHECURRENTPRISONBEDSHORTAGE AND THAT PRISON POPULATION MANAGEMENT MEASURES ARE IN EFFECT , AND REQUEST THAT EACH ATTORNEY UTILIZE AVAILABLE RESOURCES TO INVESTIGATEANDADVOCATEFORANALTERNATIVETOAPRISONSENTENCE , IF LAWFULLY AVAILABLE, FOR CASES PENDING SENTENCING OR RESENTENCING ;
(II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, UPON RECEIPT OF THE LIST PROVIDED BY THE DEPARTMENT PURSUANT TO SUBSECTION (2)(d)(I) OF THIS SECTION:
(IV) ACHIEFJUDGEOFAJUDICIALDISTRICT ,THECHIEFJUDGESHALL NOTIFY EACH DISTRICT COURT JUDGE IN THE JUDICIAL DISTRICT WHO IS ASSIGNED TO FELONY CASES OF THE CURRENT PRISON BED SHORTAGE AND THAT PRISON POPULATION MANAGEMENT MEASURES ARE IN EFFECT ;OR (V) A CHIEF PROBATION OFFICER FOR A JUDICIAL DISTRIC,THE CHIEF PROBATION OFFICER SHALL NOTIFY EACH PROBATION OFFICER WHO SUPERVISES INDIVIDUALS ON FELONY PROBATION OF THE CURRENT PRISON BED SHORTAGE AND THAT PRISON POPULATION MANAGEMENT MEASURES ARE IN EFFECT (3) A S USED IN THIS SECTIO,UNLESS THE CONTEXT OTHERWISE REQUIRES:
(A) THE PAROLE BOARD MAY RELEASE AN INMATE WHO IS NOT SERVING A SENTENCE FOR A LEVEL 1 DRUG FELONY OR FOR AN OFFENSE ENUMERATED IN SECTION 24-4.1-302 (1) OR 16-22-102 (9)NINETY DAYS IN ADVANCE OF THE INMATE'S CURRENT PAROLE ELIGIBILITY DATE;
(a) "LOCAL JAIL BACKLOG " MEANS THE INMATES UNDER THE JURISDICTIONOFTHEDEPARTMENTWHOAREBEINGHOUSEDINALOCALJAIL ON BEHALF OF THE DEPARTMENT .
(B) THE DEPARTMENT MAY REFER THE INMATE FOR PLACEMENT IN A COMMUNITY CORRECTIONS PROGRAM;
(b) "OPERATIONALCAPACITY "MEANS THE NUMBEROFPERMANENT BEDS AT A PRISON,EXCLUDING NONCAPACITY BEDS SUCH AS INFIRMARY BEDSANDRESTRICTIVEHOUSINGANDTRANSPORTBEDS ,UNLESSOTHERWISE SPECIFIED DUE TO EMERGENCY NEEDS.
AND (C) THE GOVERNOR MAY CONSIDER AND GRANT COMMUTATION OF THE INMATE'S SENTENCE.
(c) (I) "PISON BED VACANCY RATE "MEANS THE PERCENTAGE OF OPERATIONALCAPACITYFORPRISONBEDSTHATISCURRENTLYUNUSED .FOR THE PURPOSES OF CALCULATING THE PRISON BED VACANCY RATE ,THE DEPARTMENT SHALL INCLUDE INMATES UNDER THE JURISDICTION OF THE DEPARTMENTWHOAREHOUSEDINALOCALJAILANDTHOSEDESIGNATEDAS LOCAL JAIL BACKLOG.
(e) IF THE PRISON BED VACANCY RATE FALLS BELOW FOUR PERCENT FORTHIRTYCONSECUTIVEDAYS ANDANOTIFICATION IS MADE PURSUANTTO SUBSECTION (l)(a)OF THIS SECTION AND RECEIVED BY:
(II) NTWITHSTANDINGSUBSECTION (3)(c)(IOFTHISSECTION,THE FIRST FOUR HUNDRED INMATES UNDER THE JURISDICTION OF THE PAGE 10-SENATE BILL 26-036 DEPARTMENTWHOAREHOUSEDINALOCALJAILPURSUANTTOALOCALJAIL CONTRACT MUST NOT BE INCLUDED IN THE PRISON BED VACANCY RATE CALCULATION .
(I) AN ELECTED DISTRICT ATTORNEY, THE ELECTED DISTRICT ATTORNEY SHALL NOTIFY EACH DEPUTY DISTRICT ATTORNEY ASSIGNED TO FELONY CASES AND EACH DEPUTY DISTRICT ATTORNEY SERVING ON THE LOCAL COMMUNITY CORRECTIONS BOARD OF THE PRISON BED SHORTAGE AND THAT PRISON POPULATION MANAGEMENT MEASURES ARE IN EFFECT;
(II) THE OFFICE OF STATE PUBLIC DEFENDER, THE OFFICE SHALL NOTIFY EACH ATTORNEYASSIGNEDTO REPRESENTAN INDIVIDUALCHARGED WITH A FELONY OFFENSE AND EACH ATTORNEY SERVING ON THE LOCAL COMMUNITY CORRECTIONS BOARD OFTHE CURRENT PRISON BED SHORTAGE AND THAT PRISON POPULATION MANAGEMENT MEASURES ARE IN EFFECT, AND REQUEST THAT EACH ATTORNEY UTILIZE AVAILABLE RESOURCES TO INVESTIGATE AND ADVOCATE FORANALTERNATIVETOA PRISON SENTENCE, IF LAWFULLY AVAILABLE, FOR CASES PENDING SENTENCING OR RESENTENCING;
(Ill)THE OFFICE OF ALTERNATE DEFENSE COUNSEL, THE OFFICE PA G E 9-SENATE BILL 26-036 SHALL NOTIFY EACH ATTORNEY ASSIGNED TO REPRESENT AN INDIVIDUAL CHARGED WITH A FELONY OFFENSE OFTHE CURRENT PRISON BED SHORTAGE AND THAT PRISON POPULATION MANAGEMENT MEASURES ARE IN EFFECT, AND REQUEST THAT EACH ATTORNEY UTILIZE AVAILABLE RESOURCES TO INVESTIGATEAND ADVOCATE FORAN ALTERNATIVETOA PRISON SENTENCE, IF LAWFULLY AVAILABLE, FOR CASES PENDING SENTENCING OR RESENTENCING;
(IV) A CHIEFJUDGEOFAJUDICIALDISTRICT, THECHIEFJUDGE SHALL NOTIFY EACH DISTRICT COURT JUDGE IN THE JUDICIAL DISTRICT WHO IS ASSIGNED TO FELONY CASES OF THE CURRENT PRISON BED SHORTAGE AND THAT PRISON POPULATION MANAGEMENT MEASURES ARE IN EFFECT;
OR (V) A CHIEF PROBATION OFFICER FOR A JUDICIAL DISTRICT, THE CHIEF PROBATION OFFICER SHALL NOTIFY EACH PROBATION OFFICER WHO SUPERVISES INDIVIDUALS ON FELONY PROBATION OF THE CURRENT PRISON BED SHORTAGE AND THAT PRISON POPULATION MANAGEMENT MEASURES ARE IN EFFECT.
(3) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(a) "LOCAL JAIL BACKLOG" MEANS THE INMATES UNDER THE JURISDICTION OFTHE DEPARTMENTWHOARE BEING HOUSED INA LOCALJAIL ON BEHALF OF THE DEPARTMENT.
(b) "OPERATIONAL CAPACITY" MEANS THE NUMBEROF PERMANENT BEDS AT A PRISON, EXCLUDING NONCAPACITY BEDS SUCH AS INFIRMARY BEDSAND RESTRICTIVE HOUSINGANDTRANSPORT BEDS, UNLESS OTHERWISE SPECIFIED DUE TO EMERGENCY NEEDS.
(c) (I)"PRISON BED VACANCY RATE" MEANS THE PERCENTAGE OF OPERATIONALCAPACITY FORPRISONBEDSTHATISCURRENTLYUNUSED.
FOR THE PURPOSES OF CALCULATING THE PRISON BED VACANCY RATE, THE DEPARTMENT SHALL INCLUDE INMATES UNDER THE JURISDICTION OF THE DEPARTMENT WHO ARE HOUSED INALOCALJAIL AND THOSE DESIGNATEDAS LOCAL JAIL BACKLOG.
(II)NOTWITHSTANDING SUBSECTION (3)C)(I)OFTHIS SECTION, THE FIRST FOUR HUNDRED INMATES UNDER THE JURISDICTION OF THE PAGE I0-SENATE BILL 26-036 DEPARTMENT WHO ARE HOUSED IN A LOCALJAIL PURSUANTTO A LOCAL JAIL CONTRACT MUST NOT BE INCLUDED IN THE PRISON BED VACANCY RATE CALCULATION.
In Colorado Revised Statutes, 17-1-103, add (1)(s) as follows:
In Colorado Revised Statutes, 17-1-103, add (l)(s) as follows:
(1) The duties of the executive director are:
(1) The duties ofthe executive director are:
(s) TO DEVELOP A COMPREHENSIVE AND ONGOING PRISON POPULATION MANAGEMENT PLAN TO ENSURE THE SAFETY OF STAFF AND INMATES AND TO ENSURE THAT THE DEPARTMENT COMPLIES WITH ALL PRISON POPULATION MANAGEMENT MANDATES REQUIRED BY LAW , INCLUDING IMPLEMENTING THE PRISON POPULATION MANAGEMENT MEASURES SET FORTH IN SECTION 17-1-119.7WHEN NECESSARY .
(s) To DEVELOP A COMPREHENSIVE AND ONGOING PRISON POPULATION MANAGEMENT PLAN TO ENSURE THE SAFETY OF STAFF AND INMATES AND TO ENSURE THAT THE DEPARTMENT COMPLIES WITH ALL PRISON POPULATION MANAGEMENT MANDATES REQUIRED BY LAW, INCLUDING IMPLEMENTING THE PRISON POPULATION MANAGEMENT MEASURES SET FORTH IN SECTION17-1-119.7,WHEN NECESSARY.
In Colorado Revised Statutes, 17-1-103.3, amend (1)(a)(I);
In Colorado Revised Statutes, 17-1-103.3, amend (l)(a)(I);
and add (1)(a)(III) and (1)(a)(IV) as follows:
and add (l)(a)(III) and (l)(a)(IV) as follows:
(1) (a) No later than the fifth day of each month, the executive director shall report the department's previous month's:
(I) (a) No later than the fifth day of each month, the executive director shall report the department's previous month's:
and (III) URRENTPOPULATIONINTHELOCALJAILBACKLOG ,ASDEFINED IN SECTION17-1-119.7 (3)BY COUNTY ;AND (IV) C OMPLIANCE WITH THE PRISON POPULATION MANAGEMENT MEASURES DESCRIBED IN SECTION 17-1-119.7 IF THE MEASURES ARE IN EFFECT DURING THE PREVIOUS MONTH ,INCLUDING EACH NOTICE SENT BY THE DEPARTMENT ,ACTIONS TAKEN BY THE DEPARTMENT TO COMPLY WITH THE REQUIRED MEASURES , AND THE DOCUMENTED IMPACT OF IMPLEMENTING THE REQUIRED MEASURES .
and (IIICURRENTPOPULATION INTHELOCALJAILBACKLOG,ASDEFINED IN SECTION17-1-119.7 (3)BY COUNTY;
AND (IV) COMPLIANCE WITH THE PRISON POPULATION MANAGEMENT MEASURES DESCRIBED IN SECTION 17-1-119.7IF THE MEASURES ARE IN EFFECT DURING THE PREVIOUS MONTH, INCLUDING EACH NOTICE SENT BY THE DEPARTMENT, ACTIONS TAKEN BY THE DEPARTMENTTO COMPLY WITH THE REQUIRED MEASURES, AND THE DOCUMENTED IMPACT OF IMPLEMENTING THE REQUIRED MEASURES.
InColoradoRevisedStatutes,17-2-201,add(3)(i)as PAGE 11-SENATE BILL 26-036 follows:
In ColoradoRevised Statutes, 17-2-201, add (3)(i) as PAGE 11-SENATE BILL 26-036 follows:
(3) The chairperson, in addition to other provisions of law, has the following powers and duties:
(3) The chairperson, in addition to other provisions oflaw, has the following powers and duties:
(i) TOENSURETHATTHEPAROLEBOARDCOMPLIESWITHALLPRISON POPULATION MANAGEMENT MANDATES REQUIRED BY LAW , INCLUDING IMPLEMENTING ,WHENNECESSARY ,THEPRISONPOPULATIONMANAGEMENT MEASURES SET FORTH IN SECTION 17-1-119.7.
(i) TOENSURETHATTHEPAROLEBOARDCOMPLIESWITHALLPRISON POPULATION MANAGEMENT MANDATES REQUIRED BY LAW, INCLUDING IMPLEMENTING,WHENNECESSARY,THEPRISONPOPULATIONMANAGEMENT MEASURESSETFORTHINSECTION 17-1-119.7.
Authority to establish intensive supervision programs for parolees and community corrections offenders.
Authority to establish intensive superv1s1on programs for parolees and community corrections offenders.
(1) (b) The department shall also be IS authorized to refer for placement to an intensive supervision program operated under the jurisdiction of units of local government under contract with and approved by the department:
(1) (b) The department shall also be IS authorized to refer for placement to an intensive supervision program operated under the jurisdiction ofunits oflocal government under contract with and approved by the department:
(II) Any offender who has met program objectives of a residential community corrections program.
(II) Any offender who has met program objectives ofa residential community corrections program.
and who has not more than one hundred eighty days remaining until such offender's parole eligibility date.
and ~ho has not mote than one hundred eighty days reniaining until such offender's parole eligibility date.
SECTION7.
SECTION 7.Appropriation.
Appropriation.(1) Forthe2026-27statefiscalyear, $303,812 is appropriated to the department of corrections.
( 1) Forthe2026-27 state fiscal year, $303,812 is appropriated to the department of corrections.
and (d) $4,150forusebysupportservicesforoperatingexpensesrelated to the training subprogram.
and (d) $4,150 for usebysupportservices for operatingexpensesrelated to the training subprogram.
To implement this act, the general fund appropriation made in the annual generalappropriationactforthe2026-27statefiscalyeartothedepartment ofcorrectionsforusebymanagementforpaymentstolocaljailsatarateof $77.16 per inmate per day is decreased by $478,778.
To implement this act, the general fund appropriation made in the annual general appropriation act forthe 2026-27 state fiscal yearto the department ofcorrections for use by management for payments to localjails at a rate of $77.16 per inmate per day is decreased by $478,778.
The general assembly finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for PAGE 13-SENATE BILL 26-036 the support and maintenance of the departments of the state and state institutions.
The general assembly finds, determines, and declares that this act is necessary for the immediate preservation ofthe public peace, health, or safety or for appropriations for PAGE 13-SENATE BILL 26-036 the support and maintenance of the depa1iments of the state and state institutions.
____________________________ ____________________________ James Rashad Coleman, Sr.
ames Rashad Coleman, Sr.
Julie McCluskie PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES ____________________________ ____________________________ Esther van Mourik Vanessa Reilly SECRETARY OF CHIEF CLERK OF THE HOUSE THE SENATE OF REPRESENTATIVES APPROVED________________________________________ (Date and Time) _________________________________________ Jared S.
PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES v ~ ~ her van Mourik V aneei11y SECRETARY OF CHIEF CLERK OF THE HOUSE THE SENATE OF REPRESENTATIVES APPROVED on m uYlJ tad~u\-\.l.t'-2 0 2 ~" II.O0e,1-'\,\ ( ate and Time) PAGE 14-SENATE BILL 26-036
Polis GOVERNOR OF THE STATE OF COLORADO PAGE 14-SENATE BILL 26-036
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Action History

  1. Governor Signed

  2. Signed by the President of the Senate

  3. Signed by the Speaker of the House

  4. Sent to the Governor

  5. Senate Considered House Amendments - Result was to Concur - Repass

  6. House Third Reading Passed - No Amendments

  7. House Committee on Appropriations Refer Amended to House Committee of the Whole

  8. House Second Reading Special Order - Passed with Amendments - Committee, Floor

  9. House Committee on Judiciary Refer Unamended to Appropriations

  10. Senate Third Reading Passed with Amendments - Floor

  11. Introduced In House - Assigned to Judiciary

  12. Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole

  13. Senate Second Reading Special Order - Passed with Amendments - Committee, Floor

  14. Senate Committee on Judiciary Refer Amended to Appropriations

  15. Introduced In Senate - Assigned to Judiciary

Sponsors

Sponsorship breakdown

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4 sponsors · 25 co-sponsors · 72 not signed on · 18 voted No

Sponsors (4)

Co-sponsors (25)

Not signed on (72)

72 members have not signed on to this bill.

Show all 72 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

CONCUR

Passed 34 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 20100
Republican 9001
Unaffiliated 5000
Total 34101
% of votes cast 94%3%0%3%
How each member voted (36)
Member Party Vote
Gonzales J. — Yea
Pelton B. — Yea
Pelton R. — Yea
President — Yea
Adrienne Benavidez — Yea
Cathy Kipp Democrat Yea
Chris Kolker Democrat Yea
Dylan Roberts Democrat Yea
Iman Jodeh Democrat Yea
James Coleman Democrat Yea
Janice Marchman Democrat Yea
Jeff Bridges Democrat Nay
Jessie Danielson Democrat Yea
Judy Amabile Democrat Yea
Katie Wallace Democrat Yea
Kyle Mullica Democrat Yea
Lindsey Daugherty Democrat Yea
Lisa Cutter Democrat Yea
Marc Snyder Democrat Yea
Matt Ball Democrat Yea
Mike Weissman Democrat Yea
Nick Hinrichsen Democrat Yea
Robert Rodriguez Democrat Yea
Tom Sullivan Democrat Yea
Tony Exum Democrat Yea
William Lindstedt Democrat Yea
Barbara Kirkmeyer Republican Yea
Cleave Simpson Republican Yea
Janice Rich Republican Yea
John Carson Republican Yea
Larry Liston Republican Not Voting
Lisa Frizell Republican Yea
Lynda Zamora Wilson Republican Yea
Marc Catlin Republican Yea
Mark Baisley Republican Yea
Scott Bright Republican Yea

Official roll call →

REPASS

Passed 23 Yea · 12 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 20100
Republican 0901
Unaffiliated 3200
Total 231201
% of votes cast 64%33%0%3%
How each member voted (36)
Member Party Vote
Gonzales J. — Yea
Pelton B. — Nay
Pelton R. — Nay
President — Yea
Adrienne Benavidez — Yea
Cathy Kipp Democrat Yea
Chris Kolker Democrat Yea
Dylan Roberts Democrat Nay
Iman Jodeh Democrat Yea
James Coleman Democrat Yea
Janice Marchman Democrat Yea
Jeff Bridges Democrat Yea
Jessie Danielson Democrat Yea
Judy Amabile Democrat Yea
Katie Wallace Democrat Yea
Kyle Mullica Democrat Yea
Lindsey Daugherty Democrat Yea
Lisa Cutter Democrat Yea
Marc Snyder Democrat Yea
Matt Ball Democrat Yea
Mike Weissman Democrat Yea
Nick Hinrichsen Democrat Yea
Robert Rodriguez Democrat Yea
Tom Sullivan Democrat Yea
Tony Exum Democrat Yea
William Lindstedt Democrat Yea
Barbara Kirkmeyer Republican Nay
Cleave Simpson Republican Nay
Janice Rich Republican Nay
John Carson Republican Nay
Larry Liston Republican Not Voting
Lisa Frizell Republican Nay
Lynda Zamora Wilson Republican Nay
Marc Catlin Republican Nay
Mark Baisley Republican Nay
Scott Bright Republican Nay

Official roll call →

Refer Senate Bill 26-036, as amended, to the Committee of the Whole.

Passed 8 Yea · 3 Nay
Party YeaNayPresentNot Voting
Democrat 8000
Republican 0300
Total 8300
% of votes cast 73%27%0%0%
How each member voted (11)
Member Party Vote
Andrew Boesenecker Democrat Yea
Brianna Titone Democrat Yea
Elizabeth Velasco Democrat Yea
Emily Sirota Democrat Yea
Junie Joseph Democrat Yea
Karen McCormick Democrat Yea
Kyle Brown Democrat Yea
Yara Zokaie Democrat Yea
Matt Soper Republican Nay
Rick Taggart Republican Nay
Scott Bottoms Republican Nay

Official roll call →

Refer Senate Bill 26-036 to the Committee on Appropriations.

Passed 7 Yea · 4 Nay
Party YeaNayPresentNot Voting
Republican 0400
Democrat 7000
Total 7400
% of votes cast 64%36%0%0%
How each member voted (11)
Member Party Vote
Cecelia Espenoza Democrat Yea
Chad Clifford Democrat Yea
Javier Mabrey Democrat Yea
Jennifer Bacon Democrat Yea
Lorena Garcia Democrat Yea
Michael Carter Democrat Yea
Yara Zokaie Democrat Yea
Ava Flanell Republican Nay
Matt Soper Republican Nay
Rebecca Keltie Republican Nay
Scott Slaugh Republican Nay

Official roll call →

BILL

Passed 23 Yea · 12 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 20100
Republican 0901
Unaffiliated 3200
Total 231201
% of votes cast 64%33%0%3%
How each member voted (36)
Member Party Vote
Benavidez — Yea
Gonzales J. — Yea
Pelton B. — Nay
Pelton R. — Nay
President — Yea
Cathy Kipp Democrat Yea
Chris Kolker Democrat Yea
Dylan Roberts Democrat Nay
Iman Jodeh Democrat Yea
James Coleman Democrat Yea
Janice Marchman Democrat Yea
Jeff Bridges Democrat Yea
Jessie Danielson Democrat Yea
Judy Amabile Democrat Yea
Katie Wallace Democrat Yea
Kyle Mullica Democrat Yea
Lindsey Daugherty Democrat Yea
Lisa Cutter Democrat Yea
Marc Snyder Democrat Yea
Matt Ball Democrat Yea
Mike Weissman Democrat Yea
Nick Hinrichsen Democrat Yea
Robert Rodriguez Democrat Yea
Tom Sullivan Democrat Yea
Tony Exum Democrat Yea
William Lindstedt Democrat Yea
Barbara Kirkmeyer Republican Nay
Cleave Simpson Republican Nay
Janice Rich Republican Nay
John Carson Republican Nay
Larry Liston Republican Nay
Lisa Frizell Republican Nay
Lynda Zamora Wilson Republican Nay
Marc Catlin Republican Not Voting
Mark Baisley Republican Nay
Scott Bright Republican Nay

Official roll call →

AMEND (L.009)

Passed 35 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 21000
Republican 9001
Unaffiliated 5000
Total 35001
% of votes cast 97%0%0%3%
How each member voted (36)
Member Party Vote
Gonzales J. — Yea
Pelton B. — Yea
Pelton R. — Yea
President — Yea
Adrienne Benavidez — Yea
Cathy Kipp Democrat Yea
Chris Kolker Democrat Yea
Dylan Roberts Democrat Yea
Iman Jodeh Democrat Yea
James Coleman Democrat Yea
Janice Marchman Democrat Yea
Jeff Bridges Democrat Yea
Jessie Danielson Democrat Yea
Judy Amabile Democrat Yea
Katie Wallace Democrat Yea
Kyle Mullica Democrat Yea
Lindsey Daugherty Democrat Yea
Lisa Cutter Democrat Yea
Marc Snyder Democrat Yea
Matt Ball Democrat Yea
Mike Weissman Democrat Yea
Nick Hinrichsen Democrat Yea
Robert Rodriguez Democrat Yea
Tom Sullivan Democrat Yea
Tony Exum Democrat Yea
William Lindstedt Democrat Yea
Barbara Kirkmeyer Republican Yea
Cleave Simpson Republican Yea
Janice Rich Republican Yea
John Carson Republican Yea
Larry Liston Republican Yea
Lisa Frizell Republican Yea
Lynda Zamora Wilson Republican Yea
Marc Catlin Republican Not Voting
Mark Baisley Republican Yea
Scott Bright Republican Yea

Official roll call →

Subjects

public-safety labor
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Frequently asked questions

What does SB 36 do?
When the prison bed vacancy rate in correctional facilities and state-funded private contract prisons falls below 3% for 30 consecutive days, current law requires the department of corrections (department) to notify certain individuals and entities (notification) and implement prison population management measures. The act increases the threshold prison bed vacancy rate to 4% before the prison population management measures to go into effect. The act includes additional individuals and entities that are required to receive the notification and requires the notification to occur within 48 hours of the vacancy rate falling below 4% for 30 consecutive days. The act requires the individuals and entities that receive the notification to acknowledge receipt of the notification and confirm compliance with the prison population management measures. The act requires additional prison population management measures, including requiring the department to request expanding community corrections capacity and make referrals to the parole board, and requiring notified individuals and entities to consider alternatives to prison sentences for certain offenders.     The act appropriates $303,812 to the department to implement the act. The act decreases the appropriation for the 2026-27 state fiscal year to the department for inmate daily rate payments to local jails by $478,778.(Note: This summary applies to this bill as enacted.)
Who sponsors SB 36?
SB 36 is sponsored by Adrienne Benavidez, T. Story, E. Sirota, J. Phillips, K. Nguyen, J. Mabrey, M. Lindsay, J. Jackson, L. García, R. English, C. Clifford, M. Carter, S. Camacho, K. Brown, A. Boesenecker, Y. Zokaie, J. Bacon, Julie Gonzales (Democrat), Mike Weissman (Democrat), Judy Amabile (Democrat), James Coleman (Democrat), Lisa Cutter (Democrat), Tony Exum (Democrat), Iman Jodeh (Democrat), Cathy Kipp (Democrat), Janice Marchman (Democrat), Robert Rodriguez (Democrat), Katie Wallace (Democrat), and Nick Hinrichsen (Democrat).
What is the current status of SB 36?
This bill has been enacted into law. Introduced January 26, 2026. Enacted.
Where can I track SB 36?
Track SB 36 free on One Click Politics — get push/email alerts when it moves.

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