.png){kind=logo}
DENVER, CO – The House Judiciary Committee today passed three bills to prevent prison overcrowding, better honor earned time for early release and avoid the need for the state to purchase a $100 million prison.
“If we do not take action to address the backlog and overcrowding issue, we risk the health and safety of people in our prisons and force the state to purchase a costly prison at the expense of core services like K-12 education and healthcare,” said Assistant Majority Leader Jennifer Bacon, D-Denver, sponsor of SB26-036. “Our bill would raise the vacancy rate trigger to give us more time to mitigate overcrowding and change the way we calculate the prison population and to account for the county jail backlog. This would allow us to use existing resources effectively and efficiently and prevent unnecessary prison expansion.”
“Proper prison population management measures can prevent overcrowding and identify individuals who have successfully met the requirements to be released on parole and are not a risk to reoffend,” said Rep. Yara Zokaie, D-Fort Collins, sponsor of SB26-036. “Colorado’s current prison population management measures were a bipartisan effort to prevent prison overcrowding. This bill would ensure that these measures are working effectively to protect the health and safety of incarcerated people without needing to funnel crucial state funding into expanding Colorado’s prison infrastructure.”
In 2018, the legislature unanimously passed a law that created guidelines for the justice system to follow when the prison vacancy rate falls below three percent for 30 consecutive days. SB26-036 would raise the vacancy rate trigger to 4 percent for 30 consecutive days and would update current prison population management measures (PPMM) to prevent overcrowding and protect the health and safety of correctional staff and incarcerated people.
If the trigger is activated, the Department of Corrections must follow the PPMM until the vacancy rate exceeds five percent for 30 consecutive days. The PPMM includes:
Notifying certain elected and judicial officials within 48 hours of the trigger being activated,
Encouraging judicial officials to use evidence-based alternatives to prison and encouraging defense attorneys to utilize available resources to advocate for alternatives to a prison sentence for pending cases,
Expediting parole review for incarcerated people in the lowest security level facilities, and
Addressing delays in releasing incarcerated people who have been granted conditional release by the parole board.
SB26-036 passed by a vote of 7-4.
SB26-159, which passed by a vote of 7-4, would adjust how earned time is calculated and incentivize incarcerated Coloradans to engage in activities that would reduce their sentences.
“We have to look at our current prison populations before we jump to purchasing a $100 million prison, which is why we’re bringing this bill,” said Rep. Javier Mabrey, D-Denver, sponsor of SB26-159. “When we provide educational and behavioral health resources for incarcerated Coloradans, we can reduce recidivism and encourage their successful reentry into our communities. This bill promotes public safety while reducing the current and unsustainable strain on Colorado’s prison system.”
“This bill helps reduce recidivism by encouraging incarcerated Coloradans to prepare for success by completing college courses, therapy sessions and re-entry programs,” said Rep. Matthew Martinez, D-Monte Vista, sponsor of SB26-159. “In 2023, I proudly passed a law to allow Coloradans incarcerated for a non-violent felony to reduce their sentence by completing a college degree or certificate. Our bill expands the amount of earned time that incarcerated people can accrue and dedicates resources to identify data-informed ways that we can address prison capacity issues.”
The bill allows an incarcerated person to accrue up to 14 days of earned time each month if they have certain non-violent felony convictions, have not incurred certain disciplinary violations while incarcerated and participate in certain programs. SB26-159 also adds different ways that people can earn time for early release and gives incarcerated people more earned time for completing a program that directly relates to their offense, such as substance use treatment or an anger management program.
The bill also creates the CDOC Comprehensive Planning Working Group to make data-driven recommendations for a prison capacity management plan. The group would consider input from correctional staff, incarcerated people, survivors of crimes and other relevant parties. The recommendations would include strategies to address gaps in programs designed to rehabilitate incarcerated individuals and prepare them for their release, avoid prison overcrowding and identify bottlenecks and inefficiencies that prevent incarcerated people from being released.
SB26-158, which passed by a vote of 9-2, would allow the Parole Board to grant early parole to incarcerated people in the Juveniles and Young Adults Convicted as Adults Program (JYACAP).
“There is a backlog of people who have completed a program designed to rehabilitate youthful offenders and support their reintegration into our communities, yet they continue to sit behind bars for years as they wait to be released,” said Rep. Michael Carter, D-Aurora, sponsor of SB26-158. “This bill allows the Parole Board to weigh in on JYACAP cases to alleviate the burden on the governor as the sole person who can grant early parole and creates clear timelines for cases to be reviewed.”
“Our bill would expand authority to grant early parole under the Juveniles and Young Adults Convicted as Adults Program for an individual who has already served 20 to 30 years. Those who successfully complete rehabilitation and re-entry programs would have their applications adjudicated in a timely manner,” said Rep. Cecelia Espenoza, D-Denver, sponsor of SB26-158. “JYACAP modifies the parole procedures for young people who were convicted as adults. The program prepares them for success upon re-entry while protecting our communities. This legislation would ensure that graduates of this program know when their applications for early parole will be decided.”
Currently, only the Governor can grant early parole to individuals in JYACAP. Under the bill, the Parole Board would also be able to grant early parole if the individual has successfully completed the JYACAP and with consideration of relevant information. It also establishes a timeline for cases to be reviewed after an individual graduates from the program.
In order to complete the JYACAP specialized programming, the incarcerated individual must acknowledge their impact and ongoing trauma of the survivor and identify interventions to prevent the incarcerated individual’s trauma from impacting a successful reentry into their community.
There are currently four JYACAP graduates from 2024 and seven from 2025 who are waiting to be granted early parole.