SB 26-159

Senate Bill 26-159 in Colorado increases the amount of time inmates can earn off their sentences through good behavior and participation in programs. For lower-level offenses, inmates will now earn 14 days off per month instead of 12, while those with higher-level offenses will earn 12 days off per month instead of 10. The bill also allows for up to 150 extra days off if an inmate completes a behavioral health program related to their crime. Additionally, the Department of Corrections is required to create policies that encourage inmates to participate in these programs and form a working group to develop strategies for managing prison populations more effectively. Since this bill has been signed into law, it means that these changes are now official policy in Colorado.

Official Summary

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.)

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