ColoradoSB26-1152026 Regular SessionSenate

Post-Conviction Relief for Certain Offenders

Sponsored By: Javier Mabrey (Democratic), Jennifer Bacon (Democratic), Julie Gonzales (Democratic), Mike Weissman (Democratic)

Signed by Governor

Courts & JudicialCrimes, Corrections, & Enforcement

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 2 benefits, 0 costs, 4 mixed.

Older prisoners get limited sentence review

People in Colorado state prison can ask their sentencing court for review at age 60 after serving 20 calendar years for the offense. This applies to convictions before, on, or after the law’s effective date. Petitions must be filed within three years after the section takes effect, and each person gets only one hearing on the facts. The person must show it is more likely than not that they no longer pose a danger and have good cause for a sentence change. The law takes effect at 12:01 a.m. the day after the 90-day period following final legislative adjournment. A referendum petition delays that start; voter approval in November 2026 makes the law effective upon the governor’s official vote declaration.

Prisoners gain resentencing options with limits

After the required court findings and prosecutor agreement where required, prisoners can seek sentence reduction without the usual motion deadline. They can ask orally at the hearing or file a written motion within 91 days after the ruling. A new prison sentence must total at least 25 years, cannot exceed the original sentence, and may include up to five years of parole. The court can instead impose another lawful sentence, including direct community corrections, or a sentence agreed to by the parties. Sentences for multiple offenses can run at the same time; the modified sentence is exempt from the referenced mandatory-sentencing law.

Lawyers and records help prisoner petitions

Petitioners have a right to a lawyer throughout these proceedings, and courts must appoint one when someone files without counsel. The State Public Defender provides counsel, or the Office of Alternate Defense Counsel does when there is a conflict. Appointed lawyers can amend petitions and must notify the court within 180 days whether to seek a hearing or withdraw and refile, subject to limited exceptions. Upon request and any needed privacy waivers, corrections officials must provide relevant records they hold, including time calculations, earned-time credits, and risk scores. Courts can allow reasonable evidence gathering and issue orders to ensure a fair presentation and address discovery deadlines.

Excluded prisoners need prosecutors for relief

The law generally excludes specified sex offenses, trafficking for involuntary or sexual servitude, life-without-parole offenses, and offenses involving victims under 12. It also excludes offenses against on-duty peace officers, emergency medical personnel, or firefighters. For these offenses, prosecutors must agree that relief serves justice and public safety, and agree to any sentence departure. The district attorney’s office that prosecuted the offense can also file for someone in state prison who is otherwise ineligible. Those petitions retain the law’s protections for counsel, proof, evidence, and due process; prosecutors can request an appointed lawyer.

Victims get notice and hearing rights

District attorneys must notify victims of sentence-review hearings under Colorado’s Victim Rights Act. Courts must give victims a chance to be heard at the hearing.

Sentence review funding shifts jail money

For fiscal year 2026–27, the law provides $50,240 for the State Public Defender’s implementation work. This includes $42,600 for an added half-time staff position and $7,640 for operating costs. Corrections community services receive $50,326 for the wrap-around services program. State funding for local jail payments falls by $168,980, while the daily rate stays $77.16 per inmate. Beginning January 2027, the Judicial Department reports petition, hearing, and sentence counts each January in its legislative oversight presentations.

Sponsors & Cosponsors

Sponsors

  • Javier Mabrey

    Democratic • House

  • Jennifer Bacon

    Democratic • House

  • Julie Gonzales

    Democratic • Senate

  • Mike Weissman

    Democratic • Senate

Cosponsors

  • Cecelia Espenoza

    Democratic • House

  • Jamie Jackson

    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

  • Yara Zokaie

    Democratic • House

  • Sen. A. Benavidez

    Affiliation unavailable

  • Cathy Kipp

    Democratic • Senate

  • Iman Jodeh

    Democratic • Senate

  • Judy Amabile

    Democratic • Senate

  • James Coleman

    Democratic • Senate

  • Katie Wallace

    Democratic • Senate

  • Lisa Cutter

    Democratic • Senate

  • Robert Rodriguez

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 326 • No: 108

Senate vote • 5/13/2026

House amendments: Repass

Yes: 18 • No: 17

Senate vote • 5/13/2026

House amendments: Concur

Yes: 35 • No: 0

House vote • 5/9/2026

Third reading: Perm

Yes: 62 • No: 0

House vote • 5/9/2026

Third reading: Amd (l.025)

Yes: 62 • No: 0

House vote • 5/9/2026

Third reading: Bill

Yes: 42 • No: 21

House vote • 5/8/2026

Committee of the whole: Amd (h.001)

Yes: 27 • No: 37

House vote • 5/8/2026

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

Yes: 7 • No: 4

House vote • 5/8/2026

Refer Senate Bill 26-115, as amended, to the Committee of the Whole.

Yes: 8 • No: 3

Senate vote • 5/5/2026

Third reading: Amend (l.010)

Yes: 35 • No: 0

Senate vote • 5/5/2026

Third reading: Bill

Yes: 18 • No: 17

Senate vote • 4/28/2026

Refer Senate Bill 26-115, as amended, to the Committee of the Whole.

Yes: 4 • No: 3

Senate vote • 4/28/2026

Adopt amendment J.002

Yes: 4 • No: 3

Senate vote • 2/25/2026

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

Yes: 4 • No: 3

Actions Timeline

  1. Governor Signed

    6/3/2026House
  2. Signed by the President of the Senate

    5/22/2026Senate
  3. Signed by the Speaker of the House

    5/22/2026House
  4. Sent to the Governor

    5/22/2026House
  5. Senate Considered House Amendments - Result was to Concur - Repass

    5/13/2026Senate
  6. House Third Reading Passed with Amendments - Floor

    5/9/2026House
  7. House Committee on Judiciary Refer Amended to Appropriations

    5/8/2026House
  8. House Committee on Appropriations Refer Amended to House Committee of the Whole

    5/8/2026House
  9. House Second Reading Special Order - Passed with Amendments - Committee, Floor

    5/8/2026House
  10. Senate Third Reading Passed with Amendments - Floor

    5/5/2026Senate
  11. Introduced In House - Assigned to Judiciary

    5/5/2026House
  12. Senate Second Reading Passed with Amendments - Committee, Floor

    5/4/2026Senate
  13. Senate Second Reading Laid Over to 05/04/2026 - No Amendments

    5/1/2026Senate
  14. Senate Second Reading Laid Over Daily - No Amendments

    4/30/2026Senate
  15. Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole

    4/28/2026Senate
  16. Senate Committee on Judiciary Refer Amended to Appropriations

    2/25/2026Senate
  17. Introduced In Senate - Assigned to Judiciary

    2/17/2026Senate

Bill Text

  • Engrossed

  • Final Act

  • Introduced

  • Reengrossed

  • Rerevised

  • Revised

  • Senate Appropriations Preamend

  • Senate Judiciary Preamend

  • Signed Act

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