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CO SB036

CO SB036
Prison Population Management Measures


summary

Introduced
01/26/2026
In Committee
01/26/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

The bill requires the executive director of the department of corrections (department) to report, no later than the fifth day of each month, the department's previous month's compliance with the prison population management mandates, including, if certain measures must be in effect, actions taken by the department and the documented impact of implementing the required measures. 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 to notify certain individuals and entities (notification) and implement prison population management measures. The bill 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 3% for 30 consecutive days. The bill 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 bill includes additional prison population management measures, including measures to: ! Transition certain inmates from a community corrections program to nonresidential status, require the division of adult parole to notify community parole officers of the prison bed shortage and consider alternate sanctions for technical violations, and identify potential alternative placements for transition inmates at risk of being regressed back to prison from a community corrections program; ! Grant certain inmates who are within 120 days of their mandatory release date or statutory discharge date with an additional 60 days of earned time; ! Finalize an inmate's release within 7 days of the department finding the inmate was granted conditional release by the parole board and satisfied the specific conditions prior to the release; and ! Identify eligible inmates who are past their parole eligibility date and review each application for parole on an expedited basis. If the prison population management measures are in effect, the bill encourages certain individuals and entities that received the notification to consider an alternative to a prison sentence, if lawfully available, for cases pending sentencing or resentencing.

AI Summary

This bill aims to improve the management of Colorado's prison population by requiring more frequent and detailed reporting on compliance with existing measures, expanding the list of individuals and entities notified when prison bed vacancy rates drop below 3% for 30 consecutive days, and introducing new measures to alleviate overcrowding. Specifically, the executive director of the Department of Corrections (department) must now report monthly on compliance with prison population management mandates, including actions taken and their impact. When the prison bed vacancy rate, which refers to the percentage of available prison beds that are unused, falls below 3% for 30 consecutive days, the department must notify a broader range of officials and entities, including legislative committees, community corrections boards, and county sheriffs, within 48 hours. These notified parties must then acknowledge receipt and confirm their compliance with the required measures. The bill also introduces new measures such as transitioning certain inmates to non-residential status in community corrections programs, granting additional earned time to inmates nearing their release dates, expediting the finalization of releases for those granted conditional release, and prioritizing parole reviews for eligible inmates who are past their parole eligibility date. Furthermore, if these prison population management measures are in effect, the bill encourages prosecutors, public defenders, and judges to consider alternatives to prison sentences for pending cases, when legally permissible and consistent with public safety.

Committee Categories

Justice

Sponsors (4)

Last Action

Introduced In Senate - Assigned to Judiciary (on 01/26/2026)

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