Colorado 2026 Regular Session Status: Enacted 9 D cosponsors

SB 115 — Post-Conviction Relief for Certain Offenders

Last action — Governor Signed

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  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 February 17, 2026. Enacted.

Signed by Governor Jared Polis (Democratic) on June 03, 2026.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 22 sponsors

    4 primary, 18 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (9 D).

  • Cleared a recorded vote

    Passed 12 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

In plain language

The bill allows certain elderly prisoners to petition for resentencing after 20 years served.

This legislation enables individuals aged 60 or older who have served at least 20 years in prison to request a new sentence. Certain offenders, such as those convicted of serious crimes like sex offenses or crimes against children, are excluded from this petition process.

What this means for you
  • Workers: This bill may impact workers in the criminal justice and legal systems by potentially changing case loads and procedures for resentencing.

Summary

The act sets forth a process for a person in prison to petition within the next 3 years for resentencing and for a court to impose a new sentence if the petitioner is 60 years old or older at the time of filing the petition and has served at least 20 calendar years incarcerated for the offense. A person is not eligible to petition if the person is incarcerated as a result of conviction for a sex offense, human trafficking, an offense that resulted in a sentence to life imprisonment without the possibility of parole, an offense for which the victim was a child younger than 12 years old, or an offense against a first responder engaged in the performance of their duties.     At the hearing on the petition, the petitioner has the burden to show by a preponderance of the evidence that the petitioner no longer presents an identifiable danger to the safety of any person or the community and that there is good cause for the court to modify the sentence. Upon the court finding that the petitioner has met their burden, the petitioner is permitted to file a motion for reconsideration and reduction of the initial sentence pursuant to the Colorado rules of criminal procedure. At the hearing on the motion, the court shall determine and impose the appropriate sentence.     If a person in prison is not eligible for resentencing pursuant to the act, the district attorney's office that prosecuted the offense resulting in the conviction may petition the court requesting that the court grant post-conviction relief. If the district attorney's office petitions the court, the same procedures apply as if an eligible person petitioned.     The act appropriates $50,840 to the judicial department for use by the public defender and $50,326 to the department of corrections for use by community services, and reduces the appropriation in the annual general appropriation act for the 2026-27 state fiscal year to the department of corrections for payments to local jails by $168,980.(Note: This summary applies to this bill as enacted.)

Bill Text

What changed in the latest version

279 added · 329 removed

Plain-language change summary

The bill SB 115 adds a note regarding the process for determining whether the Governor has signed the bill or taken other action on it. This inclusion provides clarity on how to find the bill's legislative status after its passage, which may help stakeholders track its progress and implications more easily.

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Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO.
NOTE:
26-0750.01 Conrad Imel x2313 SENATE BILL 26-115 SENATE SPONSORSHIP Gonzales J.
This bill has been prepared for the signatures of the appropriate legislative officers and the Governor.
and Weissman, Amabile, Benavidez, Coleman, Cutter, Jodeh, Kipp, Rodriguez, Wallace HOUSE SPONSORSHIP Bacon and Mabrey, Camacho, Carter, English, Espenoza, Garcia, Jackson, Lindsay, Nguyen, Story, Zokaie i a 6 E R 0 S r , O 3 9 H e a Senate Committees House Committees n M Judiciary Judiciary e Appropriations Appropriations A g A BILL FOR AN ACT d 6 E e 0 C ONCERNING POST -CONVICTION RELIEF FOR CERTAIN OFFENDERS U R ,2 O n y8 SENTENCED TO IMPRISONMENT , AND , IN CONNECTION H 2 a e M THEREWITH , MAKING AND REDUCING AN APPROPRIATION .
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.
n m A Bill Summary (Note:
SENATE BILL 26-115 BYSENATOR(S)GonzalesJ.andWeissman,Amabile,Benavidez,Cutter, Jodeh, Kipp, Rodriguez, Wallace, Coleman;
This summary applies to this bill as introduced and does n d notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill e 2 passes third reading in the house of introduction, a bill summary that T R 2 N 3 5 applies to the reengrossed version of this bill will be available at E d y http://leg.colorado.gov.) S d M e m The bill sets forth a process for a person in prison to petition for A resentencing and for a court to impose a new sentence if:
also REPRESENTATIVE(S) Bacon and Mabrey, Camacho, Carter, English, Espenoza, Garcia, Jackson, Lindsay, Nguyen, Story, Zokaie.
! The offense resulting in the conviction was committed g d when the petitioner was younger than 21 years old and the e 6 petitionerhasservedatleast20calendaryearsincarcerated E R 0 A n , N 2 4 Shading denotes HOUSE amendment.
C ONCERNING POST CONVICTION RELIEF FOR CERTAIN OFFENDERS SENTENCED TO IMPRISONMENT ,AND ,IN CONNECTION THEREWITH , MAKING AND REDUCING AN APPROPRIATION .
Double underlining denotes SENATE amendment.
S e a Capital letters or bold & italic numbers indicate new material to be added to existing law.n M Dashes through the words or numbers indicate deletions from existing law.
m A for the offense;
or ! The petitioner is 60 years old or older at the time of filing the petition and has served at least 20 calendar years incarcerated for the offense.
At the hearing on the petition, the petitioner has the burden to show by a preponderance of the evidence that the petitioner no longer presents an identifiable danger to the safety of any person or the community and that there is good cause for the court to modify the sentence.
Certain offenses require that the prosecution agree that the interests of justice would be served by departure from the sentence initially imposed.
Uponthecourtfindingthatthepetitionerhasmettheirburden,the petitioner is permitted to file a motion for reconsideration and reduction of the initial sentence pursuant to the Colorado rules of criminal procedure.
At the hearing on the motion, the court shall determine and impose the appropriate sentence.
SECTION1.
SECTION 1.
Legislativedeclaration.(1) Thegeneralassembly finds and declares that:
Legislative declaration.
(1) The general assembly finds and declares that:
(b) While long sentences are appropriate and necessaryin certain cases,providingtheopportunityforindividualsinlower-riskpopulations to be considered for sentence reduction based on demonstrated rehabilitation after they have served decades in prison incentivizes positive behavior and is consistent with public safety;
(b) While long sentences are appropriate and necessary in certain cases, providing the opportunity for individuals in lower-risk populations to be considered for sentence reduction based on demonstrated rehabilitationaftertheyhaveserveddecadesinprisonincentivizespositive ________ Capital letters or bold & italic numbers indicate new material added to existing law;
(c) Verylengthysentencespresentsignificantpublicpolicyissues that the general assemblymust consider, including the abilityof the state to meet its constitutional requirement to provide medical care to the incarcerated population and the fiscal cost of the state prison system;
dashes through words or numbers indicate deletions from existing law and such material is not part of the act.
-2- 115 (d) Personswhoareover60 years old andhavebeenincarcerated formorethan20yearspresentasignificantlylowrisktopublicsafetyand disproportionately account for medical expenses and care utilization within the prison system;
behavior and is consistent with public safety;
(e) Theinterestsof justicearebestservedbyprovidingtopersons who have aged out of risk to public safety the due process to have their sentences reconsidered if they can provide evidence of their rehabilitation;
(c) Very lengthy sentences present significant public policy issues thatthegeneralassemblymustconsider,includingtheabilityof thestateto meet its constitutional requirement to provide medical care to the incarcerated population and the fiscal cost of the state prison system;
and (f) Providing the person incarcerated, the prosecution, and any victimsof thecrimetheopportunitytobeheardatasinglepublichearing ensures a fair and transparent deliberative process and recognizes that hope and change have a place in our criminal legal system.
(d) Persons who are over 60 years old and have been incarcerated for more than 20 years present a significantly low risk to public safety and disproportionatelyaccountformedicalexpensesandcareutilizationwithin the prison system;
(e) The interests of justice are best served by providing to persons who have aged out of risk to public safety the due process to have their sentences reconsidered if theycan provide evidence of their rehabilitation;
and (f) Providing the person incarcerated, the prosecution, and any victims of the crime the opportunity to be heard at a single public hearing ensuresafairandtransparentdeliberativeprocessandrecognizesthathope and change have a place in our criminal legal system.
(1) A N INDIVIDUAL SERVING A SENTENCE IN THE DEPARTMENT OF CORRECTIONS MAY ,ON OR BEFORE THREE YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION,FILE A PETITION WITH THE COURT WHERE THE CONVICTIONWASOBTAINEDREQUESTINGPOST -CONVICTIONRELIEFFROM THE TERMS OF THE SENTENCE IF THE PETITIONER IS SIXTY YEARS OLD OR OLDER AT THE TIME OF FILING THE PETITION AND HAS SERVED AT LEAST TWENTY CALENDAR YEARS INCARCERATED FOR THE OFFENSE RESULTING IN THE CONVICTION.
(1) AN INDIVIDUAL SERVING A SENTENCE IN THE DEPARTMENT OF CORRECTIONSMAY ,ONORBEFORETHREEYEARSAFTERTHEEFFECTIVEDATE OFTHISSECTION ,FILEAPETITIONWITHTHECOURTWHERETHECONVICTION WASOBTAINEDREQUESTINGPOST -CONVICTIONRELIEFFROMTHE TERMSOF THE SENTENCE IF THE PETITIONER IS SIXTY YEARS OLD OR OLDER AT THE TIMEOFFILINGTHEPETITIONANDHASSERVEDATLEASTTWENTYCALENDAR YEARS INCARCERATED FOR THE OFFENSE RESULTING IN THE CONVICTION .
(2) N OTWITHSTANDING THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION, AN INDIVIDUAL IS NOT ELIGIBLE FOR POS-CONVICTION RELIEFPURSUANT TOTHISSECTIONIFTHE INDIVIDUALISINTHE CUSTODY -3- 115 OFTHEDEPARTMENTOFCORRECTIONSASTHERESULTOFCONVICTIONFOR ONE OF THE FOLLOWING OFFENSES:
(2) NOTWITHSTANDINGTHE PROVISIONSOFSUBSECTION (1)OFTHIS SECTION ,AN INDIVIDUAL IS NOT ELIGIBLE FOR POST -CONVICTION RELIEF PURSUANT TO THIS SECTION IF THE INDIVIDUAL IS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS AS THE RESULT OF CONVICTION FOR ONE OF PAGE 2-SENATE BILL 26-115 THE FOLLOWING OFFENSES :
(a) ASEX OFFENSE DESCRIBED IN SECTIO16-11.7-102 (3);
(a) A SEX OFFENSE DESCRIBED IN SECTION 16-11.7-102 (3);
(b) HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE PURSUANT TO SECTION 18-3-503OR HUMAN TRAFFICKING FOR SEXUAL SERVITUDE PURSUANT TO SECTION18-3-504;
(b) HUMANTRAFFICKINGFORINVOLUNTARYSERVITUDE PURSUANT TO SECTION 18-3-503 OR HUMAN TRAFFICKING FOR SEXUAL SERVITUDE PURSUANT TO SECTION 18-3-504;
(c) AN OFFENSE THAT RESULTED IN A SENTENCE TO LIFE IMPRISONMENT WITHOUT THE POSSIBILITY OF PAROL;
(c) A N OFFENSE THAT RESULTED IN A SENTENCE TO LIFE IMPRISONMENT WITHOUT THE POSSIBILITY OF PAROLE ;
(d) AN OFFENSE FOR WHICH THE VICTIM WAS A CHILD YOUNGER THAN TWELVE YEARS OLD ;OR (e)A NOFFENSEAGAINSTAPEACEOFFICER ,EMERGENCYMEDICAL SERVICE PROVIDER, EMERGENCY MEDICAL CARE PROVIDER , OR FIREFIGHTER ENGAGED IN THE PERFORMANCE OF THEIR DUTI.S (3) (a) THE PETITIONER HAS A RIGHT TO COUNSEL FOR ALL PROCEEDINGS ARISING FROM A PETITION FILED PURSUANT TO THIS SECTION.
(d) A N OFFENSE FOR WHICH THE VICTIM WAS A CHILD YOUNGER THAN TWELVE YEARS OLD ;OR (e) A N OFFENSE AGAINST A PEACE OFFICER ,EMERGENCY MEDICAL SERVICEPROVIDER ,EMERGENCYMEDICALCAREPROVIDER ORFIREFIGHTER ENGAGED IN THE PERFORMANCE OF THEIR DUTIES .
U PON RECEIPT OF A PRO SE PETITION REQUESTING POST-CONVICTIONRELIEF,THECOURTSHALLAPPOINTCOUNSELFROMTHE OFFICEOFSTATEPUBLICDEFENDERTOREPRESENTTHEPETITIONER .IFTHE OFFICE OF PUBLIC DEFENDER NOTIFIES THE COURT OF A CONFLICT OF INTEREST,THECOURTSHALLAPPOINTTHEOFFICEOFALTERNATEDEFENSE COUNSEL TO REPRESENT THE PETITIONE.
(3) (a) T HE PETITIONER HAS A RIGHT TO COUNSEL FOR ALL PROCEEDINGSARISINGFROM A PETITION FILED PURSUANT TO THISSECTION .
(b) THE COURTSHALLGIVECOUNSELAPPOINTEDINACCORDANCE WITHTHISSUBSECTION (3)THEOPPORTUNITYTOAMEND SUPPLEMENT ,OR OTHERWISE FILE DOCUMENTS SUPPORTING THE PETITION.
U PONRECEIPTOFAPROSEPETITIONREQUESTINGPOST -CONVICTIONRELIEF , THE COURT SHALL APPOINT COUNSEL FROM THE OFFICE OF STATE PUBLIC DEFENDER TO REPRESENT THE PETITIONER .
WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE APPOINTMENT ,APPOINTED COUNSEL SHALL, AFTER REVIEW OF THE FACTS AND EVIDENCE SUPPORTING THE PETITION,ADVISE THE COURT IN WRITING WHETHER THE PETITIONER -4- 115 WISHES TO PROCEED TO AN EVIDENTIARY HEARING ON THE PETITION OR WITHDRAW THE PETITION AND REFILE THE PETITION AT A LATER DATE , SUBJECT TO THE LIMITATION DESCRIBED IN SUBSECTION (5)(b)OF THIS SECTION .
F THE OFFICE OF PUBLIC DEFENDER NOTIFIES THE COURT OF A CONFLICT OF INTEREST ,THE COURT SHALLAPPOINTTHEOFFICEOFALTERNATEDEFENSECOUNSELTOREPRESENT THE PETITIONER.
(4) IF THE PETITIONER REQUESTS A HEARING ON A PETITION FOR POST CONVICTION RELIEF FILED PURSUANT TO THIS SECTIO,THE COURT SHALL GRANT THE DISTRICT ATTORNEY TIME TO RESPOND IN WRITING TO THE PETITION.
(b) T HE COURT SHALL GIVE COUNSEL APPOINTED IN ACCORDANCE WITH THIS SUBSECTION (3)THE OPPORTUNITY TO AMEND ,SUPPLEMENT ,OR OTHERWISE FILE DOCUMENTS SUPPORTING THE PETITION .
(5) (a) AFTER RECEIPT OF THE DISTRICT ATTORNEYS RESPONSE FILEDPURSUANT TO SUBSECTION (4OFTHISSECTION ,THE COURT SHALL , AS SOON AS PRACTICABLE,SET A HEARING ON THE PETITIO.
W ITHIN ONE HUNDRED EIGHTY DAYS AFTER THE APPOINTMENT , APPOINTED COUNSEL SHALL ,AFTER REVIEW OF THE FACTS AND EVIDENCE SUPPORTING THE PETITION,ADVISETHECOURTINWRITINGWHETHERTHEPETITIONERWISHES TO PROCEED TO AN EVIDENTIARY HEARING ON THE PETITION OR WITHDRAW THE PETITION AND REFILE THE PETITION AT A LATER DATESUBJECT TO THE LIMITATION DESCRIBED IN SUBSECTION (5)(bOF THIS SECTION.
(b) A DEFENDANT IS ENTITLED TO ONLY ONE EVIDENTIARY HEARING ON THE MERITS PURSUANT TO THIS SECTION .
(4) IF THE PETITIONER REQUESTS A HEARING ON A PETITION FOR POST CONVICTION RELIEF FILED PURSUANT TO THIS SECTION ,THE COURT SHALLGRANTTHEDISTRICTATTORNEYTIMETORESPONDINWRITINGTOTHE PAGE 3-SENATE BILL 26-115 PETITION.
AFTER A DEFENDANT HAS HAD AN EVIDENTIARY HEARING ON THE MERITS PURSUANT TO THIS SECTION ,THE DEFENDANT SHALL NOT FILE A SUBSEQUENT PETITION PURSUANT TO THIS SECTION.
(5)(a) AFTERRECEIPTOFTHEDISTRICTATTORNEY 'SRESPONSEFILED PURSUANTTOSUBSECTION (4)OFTHISSECTION ,THECOURTSHALL ,ASSOON AS PRACTICABLE ,SET A HEARING ON THE PETITION.
(6) THE DISTRICT ATTORNEY SHALL NOTIFY THE VICTIM OF ANY OFFENSE IN ACCORDANCE WITH THE "V ICTIMR IGHTSA CT",PART 3 OF ARTICLE 4.1OF TITLE24,AND THE COURT SHALL PROVIDE THE VICTIM AN OPPORTUNITY TO BE HEARD AT THE HEARING .
(b) A DEFENDANTISENTITLEDTOONLYONE EVIDENTIARYHEARING ON THE MERITS PURSUANT TO THIS SECTION.A FTER A DEFENDANT HAS HAD ANEVIDENTIARYHEARINGONTHE MERITSPURSUANTTOTHISSECTION ,THE DEFENDANT SHALL NOT FILE A SUBSEQUENT PETITION PURSUANT TO THIS SECTION .
(7) AT THE HEARING ON THE PETITIO,THE PETITIONER HAS THEBURDENTOSHOW ,BYAPREPONDERANCEOFTHEEVIDENCE ,THATTHE PETITIONER NO LONGER PRESENTS A DANGER TO THE SAFETY OF ANY PERSON OR THE COMMUNITY AND THAT THERE IS GOOD CAUSE FOR THE COURTTOMODIFYTHEPETITIONER SSENTENCE .THECOURTMAYACCEPT ANY STIPULATION OF THE PARTIES THAT THE PETITIONER HAS MET THEIR BURDENASDESCRIBEDINTHISSUBSECTION (7)IFTHECOURTDETERMINES -5- 115 THATTHESTIPULATIONISSUPPORTEDBYTHEEVIDENCEASAGREEDTOBY THE PARTIES.
(6) T HE DISTRICT ATTORNEY SHALL NOTIFY THE VICTIM OF ANY OFFENSE IN ACCORDANCE WITH THE "V ICTIM RIGHTS A CT",PART 3 OF ARTICLE 4.1OF TITLE 24,AND THE COURT SHALL PROVIDE THE VICTIM AN OPPORTUNITY TO BE HEARD AT THE HEARING .
4 (8) A T THE HEARING ON THE PETITION , THE COURT SHALL CONSIDER THE FOLLOWING FACTORS RELATED TO THE PETITIONER AND THE OFFENSE THAT IS THE SUBJECT OF THE PETITION AND ADMIT ANY EVIDENCE RELEVANT TO ANY OF THE FACTORS :
(7) A T THE HEARING ON THE PETITION ,THE PETITIONER HAS THE BURDEN TO SHOW ,BY A PREPONDERANCE OF THE EVIDENCE ,THAT THE PETITIONERNOLONGERPRESENTSADANGERTOTHESAFETYOFANYPERSON OR THE COMMUNITY AND THAT THERE IS GOOD CAUSE FOR THE COURT TO MODIFY THE PETITIONER 'S SENTENCE .
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(a) THE PETITIONERS AGE AT THE TIME OF THE OFFENSE AND THE RELATIONSHIP OF AGE TO DIMINISHED CULPABILITY;
THE COURT MAY ACCEPT ANY STIPULATIONOFTHEPARTIESTHATTHEPETITIONERHASMETTHEIRBURDEN ASDESCRIBEDINTHISSUBSECTION (7)IFTHECOURTDETERMINESTHATTHE STIPULATION IS SUPPORTED BY THE EVIDENCE AS AGREED TO BY THE PARTIES.
(b) THE PETITIONERS AGE OF THE TIME OF THE HEARING AND THE LIKELIHOOD OFREOFFENSE GIVEN THE CURRENT AGE OFTHE PETITIONER ;
(8) AT THE HEARINGONTHE PETITION ,THE COURT SHALLCONSIDER THE FOLLOWING FACTORS RELATED TO THE PETITIONER AND THE OFFENSE THATISTHESUBJECTOFTHEPETITIONANDADMITANYEVIDENCERELEVANT TO ANY OF THE FACTORS :
(c) THE NATURE OF THE OFFENSE , THE EXTENT OF THE PETITIONER'SROLEINTHEOFFENSE ,ANDWHETHERANDTOWHATEXTENT ANOTHER PERSON WAS INVOLVED IN THE OFFENSE ;
(a) T HE PETITIONERS AGE AT THE TIME OF THE OFFENSE AND THE RELATIONSHIP OF AGE TO DIMINISHED CULPABILITY ;
(d) THE CHARACTERISTICS OF THE PETITIONER AND THE PETITIONER'S HISTORY,INCLUDING ANY HISTORY OF TRAUMA , ABUSE, INVOLVEMENT IN THE CHILD WELFARE SYSTEM ,OR OTHER MITIGATING CIRCUMSTANCES ;
(b) T HE PETITIONERS AGE OF THE TIME OF THE HEARING AND THE LIKELIHOOD OF REOFFENSE GIVEN THE CURRENT AGE OF THE PETITIONER ;
(e) T HE PETITIONER S COMPLIANCE WITH THE RULES OF THE INSTITUTIONS IN WHICH THE PETITIONER HAS BEEN CONFINED , PARTICULARLY WITHIN THE PRIOR FIVE YEARS;
(c) THE NATURE OFTHE OFFENSE ,THE EXTENT OFTHE PETITIONER S ROLE IN THE OFFENSE ,AND WHETHER AND TO WHAT EXTENT ANOTHER PAGE 4-SENATE BILL 26-115 PERSON WAS INVOLVED IN THE OFFENSE ;
(f) THE PETITIONERS PARTICIPATION IN EDUCATIONAL , VOCATIONAL ,OR OTHER PROGRAMS OFFERED BY THE DEPARTMENT OF CORRECTIONS OR OTHER ENTITIES ;
(d) THECHARACTERISTICSOFTHEPETITIONERANDTHEPETITIONER 'S HISTORY ,INCLUDING ANY HISTORY OF TRAUMA ,ABUSE ,INVOLVEMENT IN THE CHILD WELFARE SYSTEM ,OR OTHER MITIGATING CIRCUMSTANCES ;
(g) T HE HISTORY AND CHARACTERISTICS OF THE PETITIONER AT THE TIME OF THE HEARING ,INCLUDING DEMONSTRATED MATURITY , SUCCESSFUL REHABILITATION , AND FITNESS TO REENTER SOCIETY -6- 115 SUFFICIENT TO JUSTIFY A SENTENCE REDUCTI;N (h) A STATEMENT OR OTHER EVIDENCE OFFERED BY A VICTIM OR AVICTIM SREPRESENTATIVE ,INCLUDINGANYEVIDENCEOFACONTINUING IMPACT OF THE CRIME ON THE VICTI;
(e) T HE PETITIONER S COMPLIANCE WITH THE RULES OF THE INSTITUTIONS IN WHICH THE PETITIONER HAS BEEN CONFINED , PARTICULARLY WITHIN THE PRIOR FIVE YEARS ;
(i) A REPORT OF A PHYSICAL ,MENTAL , OR BEHAVIORAL EXAMINATION OF THE PETITIONER CONDUCTED BY A HEALTH PROFESSIONAL ;
(f) THEPETITIONER'SPARTICIPATIONINEDUCATIONAL ,VOCATIONAL , OR OTHER PROGRAMS OFFERED BY THE DEPARTMENT OF CORRECTIONS OR OTHER ENTITIES;
(j) WHETHER THE DEFENDANT HAS COMPLIED WITH CRIMINAL OR CIVIL PROTECTION ORDERS;AND (k) A NY OTHER FACTOR THE COURT DEEMS RELEVANT TO THE COURT S DETERMINATION OF WHETHER THE PETITIONER HAS MET THEIR BURDEN DESCRIBED IN SUBSECTION(7)OF THIS SECTIO.
(g) THE HISTORYANDCHARACTERISTICSOFTHEPETITIONERAT THE TIMEOFTHEHEARING ,INCLUDINGDEMONSTRATEDMATURITY ,SUCCESSFUL REHABILITATION ,ANDFITNESSTOREENTERSOCIETYSUFFICIENTTOJUSTIFY A SENTENCE REDUCTION ;
(9) (a) ITHE COURT FINDS THAT THE PETITIONER HAS NOT MET THEIRBURDENDESCRIBEDINSUBSECTION (7)OFTHISSECTION,THECOURT SHALL DENY THE PETITION AND SET FORTH THE REASONS FOR THE FINDING IN ITS ORD.R (b) UPONAFINDINGTHATTHEPETITIONERHASMETTHEIRBURDEN DESCRIBED IN SUBSECTION(7) OF THIS SECTIO,THE PETITIONER IS PERMITTEDTOFILEAMOTIONFORRECONSIDERATIONANDREDUCTIONOF THE INITIAL SENTENCE PURSUANT TO RULE 35 (b)OF THE C OLORADO RULES OF CRIMINAL PROCEDURE .
(h) A STATEMENT OR OTHER EVIDENCE OFFERED BY A VICTIM OR A VICTIM'S REPRESENTATIVE ,INCLUDING ANY EVIDENCE OF A CONTINUING IMPACT OF THE CRIME ON THE VICTIM ;
HE MOTION IS NOT SUBJECT TO THE TIME LIMITS CONTAINED IN RULE35 (b) OF THEC OLORADO RULES OF CRIMINAL PROCEDURE AND MAY BE MADE ORALLY AT THE TIME OF THE HEARINGORSUBMITTEDINWRITINGWITHINNINETY ONEDAYSAFTERTHE COURT S RULING.
(i) A REPORT OF A PHYSICAL , MENTAL , OR BEHAVIORAL EXAMINATIONOFTHEPETITIONERCONDUCTEDBYAHEALTHPROFESSIONAL ;
(10) (a) AT THE HEARING ON THE PETITIONER S MOTION FOR RECONSIDERATION OF THE INITIAL SENTENCE PURSUANT TO RULE35 (b) -7- 115 OF THE COLORADO RULES OF CRIMINAL PROCEDURE ,THE COURT SHALL DETERMINE AND IMPOSE THE APPROPRIATE SENTENCE ,WHICH MUST INCLUDE ,IFTHEPETITIONERISELIGIBLEFORRESENTENCINGPURSUANTTO SUBSECTION (1)OF THIS SECTION AND NOTWITHSTANDING ANY OTHER PROVISION OF LAW ,A SENTENCE TO IMPRISONMENT THAT TOTALS AT LEAST TWENTY -FIVE YEARS BUT NO LONGER THAN ORIGINALLY IMPOSED BYTHECOURT ,INCLUDINGUPTOFIVEYEARSOFPAROLE ;ANALTERNATIVE SENTENCE PERMITTED BY LAW ,INCLUDING A COMMUNITY CORRECTIONS DIRECT SENTENCE ;OR A SENTENCE STIPULATED TO BY THE PARTI;OR (b) I F A PETITIONER IS ELIGIBLE FOR RESENTENCING AND IS SERVING SENTENCES FOR MULTIPLE OFFENSES , THE COURT HAS THE DISCRETIONTOMODIFYASENTENCETOBECONCURRENTWITHANYOTHER SENTENCE IMPOSED ON THE PETITIONERAND THE MODIFIED SENTENCE IS NOT SUBJECT TO THE PROVISIONS OF SECTIO18-1.3-406.
(j) W HETHER THE DEFENDANT HAS COMPLIED WITH CRIMINAL OR CIVIL PROTECTION ORDERS ;AND (k) A NY OTHER FACTOR THE COURT DEEMS RELEVANT TO THE COURT 'S DETERMINATION OF WHETHER THE PETITIONER HAS MET THEIR BURDEN DESCRIBED IN SUBSECTION (7) OF THIS SECTIO.
(11) IF A PERSON IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS IS NOT ELIGIBLE FOR POSCONVICTION RELIEF PURSUANT TO THISSECTION,THE DISTRICT ATTORNEYSOFFICETHATPROSECUTED THE OFFENSE RESULTING IN THE CONVICTION MAY PETITION THE COURT REQUESTING THAT THE COURT GRANT POST -CONVICTION RELIEF TO THE PERSON .F THE DISTRICT ATTORNEY FILES A PETITION DESCRIBED IN THIS SUBSECTION (11),THE PROVISIONS OF SUBSECTIONS(3)TO (10)OF THIS SECTION REGARDING THE APPOINTMENT OF COUNSEL , THE BURDEN OF PROOF , THE RELEVANT EVIDENTIARY FACTORS , THE DUE PROCESS GRANTED TO THE INCARCERATED PERSON ,AND THE PROSECUTION AND ANY STIPULATION OF THE PARTIES,APPLY.
(9) (a) IF THE COURT FINDS THAT THE PETITIONER HAS NOT MET THEIR BURDEN DESCRIBED IN SUBSECTION (7)OF THIS SECTION,THE COURT SHALL DENY THE PETITION AND SET FORTH THE REASONS FOR THE FINDING IN ITS ORDER.
A DISTRICT ATTORNEY WHO FILESAPETITIONPURSUANTTOTHISSUBSECTION (11)MAYFILEAMOTION REQUESTING THE COURT APPOINT COUNSEL FOR THE PERSON.
(b) U PON A FINDING THAT THE PETITIONER HAS MET THEIR BURDEN DESCRIBED IN SUBSECTION (7) OF THIS SECTION , THE PETITIONER IS PAGE 5-SENATE BILL 26-115 PERMITTED TO FILE A MOTION FOR RECONSIDERATION AND REDUCTION OF THEINITIALSENTENCEPURSUANTTORULE 35 (b)OFTHE C OLORADORULES OFCRIMINALPROCEDURE .THE MOTIONISNOT SUBJECT TO THE TIME LIMITS CONTAINED IN RULE 35 (b) OF THE COLORADO RULES OF CRIMINAL PROCEDURE AND MAY BE MADE ORALLY AT THE TIME OF THE HEARING OR SUBMITTED IN WRITING WITHIN NINETY -ONE DAYS AFTER THE COURT S RULING .
-8- 115 (12) U PON THE REQUEST OF THE PETITIONER AND EXECUTION BY THE PETITIONER OF ANY NECESSARY CONFIDENTIALITY WAIVERS , THE DEPARTMENT OF CORRECTIONS SHALL PROVIDE THE PETITIONER OR THE PETITIONER'S ATTORNEY OF RECORD WITH ANY INFORMATION IN THE POSSESSION OF THE DEPARTMENT REQUESTED FOR THE PREPARATION OF THE PETITION FOR POST CONVICTION RELIEF , INCLUDING ALL TIME COMPUTATIONINFORMATIONAVAILABLEFORTHEPETITIONER ,INCLUDING ALL EARNED TIME AWARDED AGAINST THE PETITIONER S SENTENCE THAT WOULD BE CREDITED AGAINST ANY NEW SENTENCE IMPOSED AND ANY RISK ASSESSMENT SCORE PERTAINING TO THE PETITIONE.
(10) (a) AT THE HEARING ON THE PETITIONER 'S MOTION FOR RECONSIDERATION OF THE INITIAL SENTENCE PURSUANT TO RULE 35 (b)OF THE COLORADO RULES OF CRIMINAL PROCEDURE , THE COURT SHALL DETERMINE AND IMPOSE THE APPROPRIATE SENTENCE , WHICH MUST INCLUDE ,IF THE PETITIONER IS ELIGIBLE FOR RESENTENCING PURSUANT TO SUBSECTION (1) OF THIS SECTION AND NOTWITHSTANDING ANY OTHER PROVISION OFLAW ,A SENTENCE TO IMPRISONMENT THAT TOTALS AT LEAST TWENTY -FIVE YEARS BUT NO LONGER THAN ORIGINALLY IMPOSED BY THE COURT , INCLUDING UP TO FIVE YEARS OF PAROLE ;AN ALTERNATIVE SENTENCE PERMITTED BY LAW ,INCLUDING A COMMUNITY CORRECTIONS DIRECT SENTENCE ;OR A SENTENCE STIPULATED TO BY THE PARTIES;OR (b) FA PETITIONER IS ELIGIBLE FOR RESENTENCING ANDISSERVING SENTENCES FOR MULTIPLE OFFENSES , THE COURT HAS THE DISCRETION TO MODIFY A SENTENCE TO BE CONCURRENT WITH ANY OTHER SENTENCE IMPOSEDONTHEPETITIONER ,ANDTHEMODIFIEDSENTENCEISNOTSUBJECT TO THE PROVISIONS OF SECTION18-1.3-406.
(13) U PON THE REQUEST OF A PARTY,THE COURT SHALL GRANT REASONABLE DISCOVERY DISCLOSURES TO THE PARTY TO EFFECTUATE FAIRPREPARATIONANDPRESENTATIONOFRELEVANTEVIDENCERELATED TOTHE FACTORS SET FORTHINSUBSECTION (8)OFTHISSECTIONINORDER TO ENSURE A FAIR HEARING.
(11) IF A PERSON IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS IS NOT ELIGIBLE FOR POSTCONVICTION RELIEFPURSUANT TO THIS SECTION,THE DISTRICT ATTORNEY S OFFICE THAT PROSECUTED THE OFFENSE RESULTING IN THE CONVICTION MAY PETITION THE COURT REQUESTING THAT THE COURT GRANT POST CONVICTION RELIEF TO THE PERSON .
HE COURT HAS THE DISCRETION TO ENTER ORDERS TO CURE OR REMEDY A VIOLATION OF ANY DEADLINES OR OTHER DISCOVERY REQUIREMENTS .
F THE DISTRICT ATTORNEY FILES A PETITION DESCRIBED IN THIS SUBSECTION (11),THE PROVISIONS OF SUBSECTIONS (3)TO (10) OF THIS SECTION REGARDING THE APPOINTMENT OF COUNSEL , THE BURDEN OF PROOF ,THERELEVANT EVIDENTIARYFACTORS ,THE DUEPROCESSGRANTED TO THE INCARCERATED PERSON , AND THE PROSECUTION AND ANY STIPULATION OF THE PARTIES,APPLY .
(14) BEGINNINGIN JANUARY 2027,ANDIN JANUARYEVERYYEAR THEREAFTER ,THEJUDICIALDEPARTMENTSHALLINCLUDE ,ASPARTOFITS PRESENTATION DURING ITS "SMART A CT" HEARING REQUIRED BY SECTION 2-7-203,SUBJECT TO THE AVAILABILITY OF THE INFORMATION, THE FOLLOWING :
ADISTRICT ATTORNEY WHO FILES A PETITION PURSUANT TO THIS SUBSECTION (11) MAY FILE A MOTION REQUESTING THE COURT APPOINT COUNSEL FOR THE PERSON .
(a) THE NUMBER OFPETITIONSFILEDPURSUANT TOTHISSECTION ;
PAGE 6-SENATE BILL 26-115 (12) UPONTHEREQUESTOFTHEPETITIONERANDEXECUTIONBYTHE PETITIONER OF ANY NECESSARY CONFIDENTIALITY WAIVERS, THE DEPARTMENT OF CORRECTIONS SHALL PROVIDE THE PETITIONER OR THE PETITIONERS ATTORNEY OF RECORD WITH ANY INFORMATION IN THE POSSESSIONOFTHEDEPARTMENTREQUESTEDFORTHEPREPARATIONOFTHE PETITIONFORPOST -CONVICTIONRELIEF,INCLUDINGALLTIMECOMPUTATION INFORMATION AVAILABLE FOR THE PETITIONER ,INCLUDING ALL EARNED TIME AWARDED AGAINST THE PETITIONER 'S SENTENCE THAT WOULD BE CREDITED AGAINST ANY NEW SENTENCE IMPOSED AND ANY RISK ASSESSMENT SCORE PERTAINING TO THE PETITIONER.
(b) THE NUMBER OF HEARINGS SET PURSUANT TO SUBSECTION (5) OF THIS SECTION;
(13) U PON THE REQUEST OF A PARTY ,THE COURT SHALL GRANT REASONABLEDISCOVERYDISCLOSURESTOTHE PARTYTOEFFECTUATEFAIR PREPARATIONANDPRESENTATIONOFRELEVANTEVIDENCERELATEDTOTHE FACTORS SET FORTH IN SUBSECTION (8) OF THIS SECTION IN ORDER TO ENSUREAFAIRHEARING .THECOURTHASTHEDISCRETIONTOENTERORDERS TOCUREORREMEDYAVIOLATIONOFANYDEADLINESOROTHERDISCOVERY REQUIREMENTS .
(14) BEGINNING IN ANUARY 2027, AND INJANUARY EVERY YEAR THEREAFTER ,THE JUDICIAL DEPARTMENT SHALL INCLUDE ,AS PART OF ITS PRESENTATIONDURINGITS "SMARTA CT"HEARINGREQUIREDBYSECTION 2-7-203, SUBJECT TO THE AVAILABILITY OF THE INFORMATION , THE FOLLOWING :
(a) THE NUMBER OF PETITIONS FILED PURSUANT TO THIS SECTIO;
(b) THENUMBEROFHEARINGSSETPURSUANTTOSUBSECTION (5)OF THIS SECTION;
-9- 115 (d) T HE AVERAGE HOURLY LENGTH OF THE HEARINGS HELD PURSUANT TO SUBSECTION (5)OF THIS SECTIO;
(d) THE AVERAGE HOURLY LENGTH OF THE HEARINGS HELD PURSUANT TO SUBSECTION (5)OF THIS SECTIO;
(e) WHETHERVICTIMINPUTWASPROVIDEDINCONSIDERATIONOF EACH MATTER FILED PURSUANT TO THIS SECTIO;AND (f) FOR EACH CASE IN WHICH THE COURT GRANTED A PETITION PURSUANT TO THIS SECTION,THE UNDERLYING OFFENSE AND THE RISK LEVEL OF THE PETITIONER AS DETERMINED BY A RISK ASSESSMENT COMPLETED PURSUANT TO SUBSECTION (12)OF THIS SECTIO,WHETHER VICTIMSCHOSETOPARTICIPATEINTHEEVIDENTIARYHEARING ,WHETHER THE PROSECUTOR WAS ABLE TO LOCATE ANY VICTIMS , WHETHER THE ORIGINAL SENTENCE WAS THE RESULT OF A PLEA AGREEMENT OR A JURY VERDICTANDCOURT -IMPOSEDSENTENCE ,ANDHOWMANYMONTHSWERE REMAINING ON THE ORIGINAL SENTENCE.
(e) W HETHER VICTIM INPUT WAS PROVIDED IN CONSIDERATION OF EACH MATTER FILED PURSUANT TO THIS SECTION;AND (f) FOR EACH CASE IN WHICH THE COURT GRANTED A PETITION PAGE 7-SENATE BILL 26-115 PURSUANTTOTHISSECTION ,THEUNDERLYINGOFFENSEANDTHERISKLEVEL OF THE PETITIONER AS DETERMINED BY A RISK ASSESSMENT COMPLETED PURSUANT TOSUBSECTION (12)OFTHISSECTION WHETHER VICTIMS CHOSE TOPARTICIPATEINTHEEVIDENTIARYHEARING ,WHETHERTHEPROSECUTOR WASABLETOLOCATEANYVICTIMS ,WHETHERTHEORIGINALSENTENCEWAS THE RESULT OF A PLEA AGREEMENT OR A JURY VERDICT AND COURT -IMPOSEDSENTENCE ,ANDHOWMANYMONTHSWERE REMAININGON THE ORIGINAL SENTENCE .
SECTION 3.
SECTION3.
Appropriation.
Appropriation.(1) Forthe2026-27statefiscalyear, $50,840 is appropriated to the judicial department for use by the office of the state public defender.
(1) For the 2026-27 state fiscal year,$50,840 is appropriated to the judicial department for use by the officeof thestatepublic defender.
This appropriation is from the general fund.
Thisappropriationisfromthegeneral fund.
-10- 115 SECTION4.
SECTION 4.
Appropriation-adjustmentsto2026longbill.To implement this act, the general fund appropriation made in the annual general appropriation act for the 2026-27 state fiscal year to the department of corrections for use by management for payments to local jails at a rate of $77.16 per inmate per day is decreased by $168,980.
Appropriation - adjustments to 2026 long bill.
To implement this act, the general fund appropriation made in the annual generalappropriationactforthe2026-27statefiscalyeartothedepartment of correctionsforusebymanagementforpaymentstolocaljailsatarateof $77.16 per inmate per day is decreased by $168,980.
Act subject to petition - effective date - applicability.(1) Thisacttakeseffectat12:01a.m.onthedayfollowing the expiration of the ninety-day period after final adjournment of the generalassembly(August12,2026,ifadjournmentsinedieisonMay13, 2026);
Act subject to petition - effective date - applicability.
except that, if a referendum petition is filed pursuant to section 1 (3)ofarticleVofthestateconstitutionagainstthisactoranitem,section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved bythe people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
(1) This act takes effect at 12:01 a.m.
(2) This act applies to individualsconvictedof an offense before, on, or after the applicable effective date of this act.
on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026);exceptthat,if areferendumpetitionisfiledpursuanttosection1(3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be PAGE 8-SENATE BILL 26-115 heldinNovember2026and,in such case, will take effect on thedateof the official declaration of the vote thereon by the governor.
-11- 115
(2) This act applies to individuals convicted of an offense before, on, or after the applicable effective date of this act.
____________________________ ____________________________ James 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.
Polis GOVERNOR OF THE STATE OF COLORADO PAGE 9-SENATE BILL 26-115
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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 with Amendments - Floor

  7. House Committee on Judiciary Refer Amended to Appropriations

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

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

  10. Senate Third Reading Passed with Amendments - Floor

  11. Introduced In House - Assigned to Judiciary

  12. Senate Second Reading Passed with Amendments - Committee, Floor

  13. Senate Second Reading Laid Over to 05/04/2026 - No Amendments

  14. Senate Second Reading Laid Over Daily - No Amendments

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

  16. Senate Committee on Judiciary Refer Amended to Appropriations

  17. Introduced In Senate - Assigned to Judiciary

Sponsors

Sponsorship breakdown

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4 sponsors · 18 co-sponsors · 80 not signed on · 22 voted No

Sponsors (4)

Co-sponsors (18)

Not signed on (80)

80 members have not signed on to this bill.

Show all 80 →

"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 36 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democrat 21000
Republican 10000
Unaffiliated 5000
Total 36000
% of votes cast 100%0%0%0%
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 Yea
Mark Baisley Republican Yea
Scott Bright Republican Yea

Official roll call →

REPASS

Passed 19 Yea · 17 Nay
Party YeaNayPresentNot Voting
Democrat 16500
Republican 01000
Unaffiliated 3200
Total 191700
% of votes cast 53%47%0%0%
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 Nay
Judy Amabile Democrat Yea
Katie Wallace Democrat Yea
Kyle Mullica Democrat Nay
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 Nay
Tony Exum Democrat Yea
William Lindstedt Democrat Nay
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 Nay
Mark Baisley Republican Nay
Scott Bright Republican Nay

Official roll call →

Refer Senate Bill 26-115, as amended, to the Committee on Appropriations.

Passed 7 Yea · 4 Nay
Party YeaNayPresentNot Voting
Democrat 7000
Republican 0400
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 →

Refer Senate Bill 26-115, 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 →

BILL

Passed 19 Yea · 17 Nay
Party YeaNayPresentNot Voting
Democrat 16500
Republican 01000
Unaffiliated 3200
Total 191700
% of votes cast 53%47%0%0%
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 Nay
Judy Amabile Democrat Yea
Katie Wallace Democrat Yea
Kyle Mullica Democrat Nay
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 Nay
Tony Exum Democrat Yea
William Lindstedt Democrat Nay
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 Nay
Mark Baisley Republican Nay
Scott Bright Republican Nay

Official roll call →

AMEND (L.010)

Passed 36 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democrat 21000
Republican 10000
Unaffiliated 5000
Total 36000
% of votes cast 100%0%0%0%
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 Yea
Mark Baisley Republican Yea
Scott Bright Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 115 do?
The act sets forth a process for a person in prison to petition within the next 3 years for resentencing and for a court to impose a new sentence if the petitioner is 60 years old or older at the time of filing the petition and has served at least 20 calendar years incarcerated for the offense. A person is not eligible to petition if the person is incarcerated as a result of conviction for a sex offense, human trafficking, an offense that resulted in a sentence to life imprisonment without the possibility of parole, an offense for which the victim was a child younger than 12 years old, or an offense against a first responder engaged in the performance of their duties.     At the hearing on the petition, the petitioner has the burden to show by a preponderance of the evidence that the petitioner no longer presents an identifiable danger to the safety of any person or the community and that there is good cause for the court to modify the sentence. Upon the court finding that the petitioner has met their burden, the petitioner is permitted to file a motion for reconsideration and reduction of the initial sentence pursuant to the Colorado rules of criminal procedure. At the hearing on the motion, the court shall determine and impose the appropriate sentence.     If a person in prison is not eligible for resentencing pursuant to the act, the district attorney's office that prosecuted the offense resulting in the conviction may petition the court requesting that the court grant post-conviction relief. If the district attorney's office petitions the court, the same procedures apply as if an eligible person petitioned.     The act appropriates $50,840 to the judicial department for use by the public defender and $50,326 to the department of corrections for use by community services, and reduces the appropriation in the annual general appropriation act for the 2026-27 state fiscal year to the department of corrections for payments to local jails by $168,980.(Note: This summary applies to this bill as enacted.)
Who sponsors SB 115?
SB 115 is sponsored by Adrienne Benavidez, Y. Zokaie, T. Story, K. Nguyen, M. Lindsay, J. Jackson, L. García, C. Espenoza, R. English, M. Carter, S. Camacho, J. Mabrey, J. Bacon, Lisa Cutter (Democrat), Iman Jodeh (Democrat), Cathy Kipp (Democrat), Robert Rodriguez (Democrat), Julie Gonzales (Democrat), Mike Weissman (Democrat), James Coleman (Democrat), Judy Amabile (Democrat), and Katie Wallace (Democrat).
What is the current status of SB 115?
This bill has been enacted into law. Introduced February 17, 2026. Enacted.
Where can I track SB 115?
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