Criminal Justice (Sentencing)

An inmate who is serving a sentence to the department of corrections (DOC) for certain lower level criminal offenses, has not incurred a penal discipline violation within a specified time period, and is program compliant is currently eligible to earn 12 days of earned time per month. The act increases eligibility to 14 days per month.     An inmate who is serving a sentence for, or who has been previously convicted of, certain higher level criminal offenses, including a felony offense listed in the 'Victim Rights Act', is currently eligible to earn 10 days of earned time per month. The act increases eligibility to 12 days per month.     An inmate who completes a milestone or phase of a behavioral health program in an area related to recovery from a condition that contributed to the inmate's underlying offense may be awarded up to 150 days of earned time.     The DOC is directed to enact policy changes to incentivize inmates to pursue activities that award earned time.     The act creates a working group to make recommendations for a capacity management plan (plan) for the DOC with input from impacted groups. The plan must be informed by strategies to assess prison programming and clinical care, inmate release processes, services for successful release outcomes, prison population management, and prison capacity changes. Members of the house of representatives judiciary committee, the senate judiciary committee, and the joint budget committee may submit in writing to the chair of the working group a request to prioritize specific issues or provide other relevant information. The working group shall submit an interim and a final report to the general assembly, the DOC's certified employee organization, and the governor's office.(Note: This summary applies to this bill as enacted.)

Current law permits a court to sentence a sex offender to probation for an indeterminate period that can range from 10 years for a class 4 felony and 20 years for a class 3 felony to a maximum of the sex offender's natural life.The bill prohibits a court from sentencing to probation a sex offender convicted of:Class 4 felony sexual assault on a child;Class 4 felony sexual assault on a child by one in a position of trust; orClass 3 felony sexual assault on a child by one in a position of trust when the child is under 15 years old.(Note: This summary applies to this bill as introduced.)

The act sets forth a process for a person in prison to petition within the next 3 years for resentencing and for a court to impose a new sentence if 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. A person is not eligible to petition if the person is incarcerated as a result of conviction for a sex offense, human trafficking, an offense that resulted in a sentence to life imprisonment without the possibility of parole, an offense for which the victim was a child younger than 12 years old, or an offense against a first responder engaged in the performance of their duties.     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. 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.     If a person in prison is not eligible for resentencing pursuant to the act, the district attorney's office that prosecuted the offense resulting in the conviction may petition the court requesting that the court grant post-conviction relief. If the district attorney's office petitions the court, the same procedures apply as if an eligible person petitioned.     The act appropriates $50,840 to the judicial department for use by the public defender and $50,326 to the department of corrections for use by community services, and reduces the appropriation in the annual general appropriation act for the 2026-27 state fiscal year to the department of corrections for payments to local jails by $168,980.(Note: This summary applies to this bill as enacted.)

The bill removes human trafficking for involuntary servitude and human trafficking for sexual servitude (human trafficking offenses) from the list of crimes of violence that are subject to enhanced sentencing if they involve the use, or possession and threatened use of, a deadly weapon or the infliction of serious bodily injury or death. Instead, the bill requires a court to sentence a person convicted of a human trafficking offense or a related attempt or conspiracy to the department of corrections for a term of at least the midpoint, but not more than twice the maximum, of the presumptive range authorized for the applicable offense. It clarifies that a class 3 felony human trafficking offense is also subject to sentencing modifications that are permitted under current law for crimes that present an extraordinary risk of harm to society.The bill subjects a person convicted of the following to enhanced sentencing:Pimping, if the victim is an at-risk person; andHuman trafficking for involuntary servitude, or human trafficking for sexual servitude, if the victim is an at-risk adult.The bill adds the source of money posted to satisfy a monetary condition of release, including the likelihood that the money is derived from criminal activity, to the list of criteria a court may consider in making a determination of the type of bond and conditions of release.The bill changes terminology related to child prostitution to commercial sexual activity in the crimes of soliciting for child prostitution, pandering of a child, keeping a place of child prostitution, pimping a child, inducement of child prostitution, and patronizing a prostituted child, including changing the name of the offenses for soliciting for child prostitution, keeping a place of child prostitution, inducement of child prostitution, and patronizing a prostituted child.In the crime of soliciting for commercial sexual activity with a child, the bill adds soliciting a child for commercial sexual activity as a means of committing the offense and requires that when arranging or offering to arrange a meeting, the offender must know that the meeting will facilitate commercial sexual activity with a child.(Note: This summary applies to this bill as introduced.)