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CO SB115

CO SB115
Post-Conviction Relief for Certain Offenders


summary

Introduced
02/17/2026
In Committee
04/28/2026
Crossed Over
Passed
Dead

Introduced Session

Potential new amendment
2026 Regular Session

Bill Summary

The bill sets forth a process for a person in prison to petition for resentencing and for a court to impose a new sentence if: ! The offense resulting in the conviction was committed when the petitioner was younger than 21 years old and the petitioner has served at least 20 calendar years incarcerated 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. 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.

AI Summary

This bill establishes a process for individuals currently incarcerated in Colorado to petition for a resentencing if they committed their offense before turning 21 and have served at least 20 years, or if they are 60 years or older and have also served at least 20 years. The bill outlines that the petitioner must prove by a preponderance of the evidence, meaning it's more likely than not, that they no longer pose a danger to public safety and that there's good cause to modify their sentence. For certain serious offenses, such as sex offenses or those involving a child victim, the prosecution must agree that resentencing serves the interests of justice. If the court finds the petitioner has met their burden, they can then file a motion to reduce their sentence, and the court will determine the appropriate new sentence. The bill also includes provisions for legal representation for petitioners, victim notification and participation, and factors the court must consider when evaluating a petition, such as the petitioner's age, rehabilitation efforts, and history.

Committee Categories

Budget and Finance, Justice

Sponsors (2)

Last Action

Senate Second Reading Calendar (00:00:00 5/4/2026 Senate Floor) (on 05/04/2026)

bill text


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bill summary

Document Type Source Location
State Bill Page https://leg.colorado.gov/bills/SB26-115
Senate Appropriations Amendment L.002 https://leg.colorado.gov/bill_amendments/19634/download
Fiscal Note/Analysis - Budget Staff Analysis SA1 https://leg.colorado.gov/bill_files/115188/download
Fiscal Note First Revised Fiscal Note https://leg.colorado.gov/bill_files/115046/download
Senate Judiciary Amendment L.001 https://leg.colorado.gov/bill_amendments/18043/download
Fiscal Note FN1 https://leg.colorado.gov/bill_files/112520/download
BillText https://leg.colorado.gov/bill_files/112068/download
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