HB 22-1164

House Bill 22-1164 limits when someone can apply for clemency, which is a request to the governor for leniency or forgiveness of their crimes. The bill says that people cannot apply for clemency if they have not used all possible appeals in court or administrative processes, or if they are waiting for a resentencing hearing. If someone applied before these steps were completed, the governor must wait until those processes are finished to consider the application. This means fewer people will be able to request clemency under certain circumstances. Since it has been signed into law, this bill is now enforceable in Colorado.

Official Summary

The bill restricts a person from applying for clemency for a crime if a resentencing hearing is scheduled or has been requested or if the person has not exhausted all state appeal and administrative processes before applying or being considered for clemency. If an application for clemency was submitted before a resentencing hearing was scheduled or requested, the governor is barred from considering and acting upon such application until the conclusion of the resentencing hearing. The executive director of the department of corrections shall promulgate rules relating to the determination of whether an individual is incapable of exhausting all state or administrative processes due to indigence or other matters.(Note: This summary applies to this bill as introduced.)