SB 26-115

Senate Bill 26-115, now signed into law, allows certain prisoners to petition for resentencing if they were under 21 years old at the time of their crime and have served at least 20 years in prison, or if they are over 60 years old and have also served at least 20 years. To be eligible for a reduced sentence, these individuals must prove to the court that they no longer pose a danger to society and there is good reason to change their original sentence. The law also allows district attorneys to request post-conviction relief if an inmate isn’t eligible under the bill’s criteria. This new legislation allocates funds to help public defenders and community services support these changes, while reducing funding for local jails in the next fiscal year.

Official Summary

The bill 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 offense resulting in the conviction was committed when the petitioner was younger than 21 years old and the petitioner has served at least 20 calendar years incarcerated for the offense; orThe 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.     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. Certain offenses require that the prosecution agree that the interests of justice would be served by departure from the sentence initially imposed.     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 bill, 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 bill appropriates money to the judicial department for use by the public defender and 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.(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

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