ColoradoSB26-0362026 Regular SessionSenate

Prison Population Management Measures

Sponsored By: Jennifer Bacon (Democratic), Julie Gonzales (Democratic), Mike Weissman (Democratic), Yara Zokaie (Democratic)

Signed by Governor

Crimes, Corrections, & Enforcement

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Bill Overview

Analyzed Economic Effects

11 provisions identified: 9 benefits, 1 costs, 1 mixed.

Attorneys and parole officers consider alternatives

After receiving the shortage notice, designated prosecutors, defense offices, chief judges, and probation chiefs must alert their staff. Defense offices must ask attorneys to investigate and advocate for lawful alternatives to prison in pending sentencing or resentencing cases. While the measures operate, the adult parole division must notify community parole officers in writing about the shortage. It must ask officers to consider lawful, public-safety-compatible alternatives for transition inmates' technical parole violations. Courts and officers are not required to choose an alternative.

Inmates get faster community placement referrals

During population measures, case managers must review each inmate for community corrections and initiate eligible referrals within seven days of determination. When vacancy stays below 4% for 30 consecutive days, Corrections must request available-bed information, due within 72 hours and weekly afterward. It must also request provider reviews of transition inmates in programs over 180 days who meet program goals and have work and housing options for intensive supervision. Corrections must investigate and approve residence plans for listed inmates and submit them to the relevant board. The Office of Community Corrections must also study temporary or longer-term transition-bed expansion and report to Corrections and the Joint Budget Committee; neither referrals nor the study guarantee placement or fund new beds.

More community options for qualifying inmates

For covered inmates, Corrections can refer community placement, and the Governor can consider and grant sentence reductions, 90 days before current parole eligibility. Corrections can also refer offenders to approved, contracted local-government intensive supervision programs. Those offenders must meet residential community corrections goals and have no more than 180 days until parole eligibility. Inmates released under population measures can receive referrals to grant-funded or contracted community reentry services when they may benefit. These options do not guarantee placement, a sentence reduction, or services.

Officials get recurring prison shortage notices

After prison vacancy stays below 4% for 30 consecutive days, Corrections must send shortage notices within 48 hours. Notices go to designated government, court, defense, corrections, and county officials, who must acknowledge receipt and confirm compliance. The Governor and Parole Board get updates every 30 days, estimating the population reduction needed for at least 5% vacancy. Once vacancy stays at least 5% for 30 consecutive days, all original recipients must receive notice that the measures have ended.

Officials review barriers to inmate release

Within 14 days after shortage notice, Corrections must list inmates meeting conditional-release terms who need neither full-board review nor victim notice. Corrections must tell the Parole Board when listed inmates meet their release conditions. For an unmet program-completion condition, the board must decide whether completion can happen after release as a parole condition. For otherwise parole-eligible inmates with pending felony charges, detainers, or extraditable warrants, Corrections must notify the public defender liaison. The liaison checks for prompt resolution; neither review process guarantees release.

Persistent crowding requires more release recommendations

If vacancy does not rise above 5% within 120 days after notice, Corrections must prepare further release recommendations. It must send a list of parole-eligible inmates to the Parole Board and Governor within 30 days after that determination. Recommendations cover parole, residential or nonresidential community corrections, or another form of release. They can include a Governor-granted sentence reduction, but do not guarantee release or a shorter sentence.

Prison crowding triggers coordinated safety measures

Colorado's population measures activate when vacancy across state prisons and state-funded private prison beds stays below 4% for 30 consecutive days. The measures remain in effect until vacancy stays above 5% for 30 consecutive days. Vacancy means unused operational capacity; infirmary, restrictive housing, and transport beds generally do not count unless needed for emergencies. Local-jail inmates count, including the backlog, but the first 400 inmates held under local-jail contracts are excluded. The corrections director must maintain a safety and population plan, and the Parole Board chair must ensure compliance with population mandates.

Some new inmates get sentencing reconsideration

Within 14 days of a new prison commitment, Corrections must notify the court about eligible offenders past or within 90 days of parole eligibility. Level 1 drug felonies and listed offenses are excluded. Except for exact-year stipulated plea agreements, the court must notify defense counsel and prosecutors and invite a reconsideration motion. If the defendant files, the court must decide within 35 days and can impose an alternative sentence other than jail. A different sentence is not guaranteed.

Colorado funds reentry help and parole staff

For state fiscal year 2026–27, Colorado provides $320,587 from the General Fund to implement the law. This includes $159,366 for wrap-around reentry services and $140,511 for parole staffing, assuming two additional full-time positions. It also provides $16,560 for parole operating expenses and $4,150 for training operating expenses. The money funds corrections services and staffing, not direct household payments.

Local jails receive less state funding

For state fiscal year 2026–27, Colorado cuts the General Fund appropriation for local-jail payments by $535,105. The payment line uses a rate of $77.16 per inmate per day. The law does not specify changes to individual jail services or household costs.

Faster parole reviews with tighter eligibility

Within 14 days after shortage notice, Corrections must list qualifying inmates past parole eligibility with favorable parole plans. They must have medium-or-lower assessed risk or minimum or minimum-restrictive custody; eligible sentences are limited to Level 3–4 drug felonies or Class 3–6 nonviolent felonies. Level 1 drug felonies and listed serious offenses are barred, as are pending felony charges, detainers, extraditable warrants, recent regression or revocation, and specified discipline or program problems; Class I violations and program refusal or termination for lack of progress carry a 12-month or since-incarceration lookback. Each listing counts as a parole application: the board generally reviews it within 30 days and sets a release date within 30 days afterward; a hearing replaces file review when required victim notice applies and a victim requests input, with the release date due within 30 days after that hearing. Decisions require a majority of the full board, which can table cases and request more information; listing does not guarantee release.

Sponsors & Cosponsors

Cosponsors

Andrew Boesenecker
Democratic • House
Chad Clifford
Democratic • House
Emily Sirota
Democratic • House
Jamie Jackson
Democratic • House
Javier Mabrey
Democratic • House
Jacque Phillips
Democratic • House
Kyle Brown
Democratic • House
Kenny Nguyen
Democratic • House
Lorena Garcia
Democratic • House
Michael Carter
Democratic • House
Mandy Lindsay
Democratic • House
Regina English
Democratic • House
Sean Camacho
Democratic • House
Tammy Story
Democratic • House
Sen. A. Benavidez
Affiliation unavailable
Cathy Kipp
Democratic • Senate
Iman Jodeh
Democratic • Senate
Judy Amabile
Democratic • Senate
James Coleman
Democratic • Senate
Janice Marchman
Democratic • Senate
Katie Wallace
Democratic • Senate
Lisa Cutter
Democratic • Senate
Nick Hinrichsen
Democratic • Senate
Robert Rodriguez
Democratic • Senate
Tony Exum
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 196 • No: 105

Senate vote • 5/8/2026

House amendments: Repass

Yes: 22 • No: 12

Senate vote • 5/8/2026

House amendments: Concur

Yes: 33 • No: 1

House vote • 5/7/2026

Third reading: Bill

Yes: 41 • No: 23

House vote • 5/6/2026

Committee of the whole: Amd (h.001)

Yes: 21 • No: 44

House vote • 5/6/2026

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

Yes: 8 • No: 3

House vote • 4/28/2026

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

Yes: 7 • No: 4

Senate vote • 4/22/2026

Third reading: Bill

Yes: 22 • No: 12

Senate vote • 4/22/2026

Third reading: Amend (l.009)

Yes: 34 • No: 0

Senate vote • 4/21/2026