SB 25-190

Senate Bill 25-190, also known as Offender Release from Custody, updates Colorado’s laws regarding inmate release and parole eligibility. It allows individuals in jail to stay overnight if they need help connecting with service providers, ensuring their release by 10 a.m. the next day. The bill expands special needs parole criteria for inmates under 55 who have severe health conditions or are terminally ill, as well as for those over 64 who meet certain age and sentence requirements and don't have specific felony convictions. It also mandates that healthcare providers screen inmates for eligibility for special needs parole and report to the parole board when appropriate. The bill has been signed into law, meaning these changes are now in effect.

Official Summary

Under current law, a sheriff may allow an individual to choose to stay in jail overnight after release when extenuating circumstances exist. The act makes facilitation of a connection to a service provider an extenuating circumstance. If an individual chooses to remain in jail overnight, the individual must be released by 10 a.m. the next morning. Under current law, to qualify for special needs parole, there is a distinction between inmates who are 55 years of age or older and those who are under 55 years of age. The act changes that distinction. The act makes an inmate eligible for special needs parole if the inmate suffers from a diagnosed severe cognitive impairment or serious impairment that limits the person's ability to function. If the inmate is under 55 years of age, the act provides for special needs parole if the inmate has served at least 25% of the inmate's sentence and is eligible for parole after serving 50% of their sentence including earned time; has served at least 35% of the inmate's sentence and is eligible for parole after serving 75% of their sentence including earned time; has served at least 40% of the inmate's sentence and is eligible for parole after serving 75% of the sentence; or has been diagnosed by a licensed health-care provider as having a terminal illness that is irreversible, unlikely to be cured, and likely to cause death; and has not incurred a class I code of penal discipline violation within the 12 months before the date of the application for special needs parole. An inmate who is 64 years of age or older and has served at least 20 years of their sentence and was not convicted of a class 1 or class 2 felony, unlawful sexual behavior, a crime that includes domestic violence, or stalking is eligible for special needs parole. The act makes a person eligible for special needs parole if the person has a condition such as advanced or metastatic cancer; end-stage renal disease; end-stage chronic obstructive pulmonary disorder; end-stage heart disease; end-stage liver disease; progressive neurodegenerative disease such as Huntington's disease, Parkinson's disease, and amyotrophic lateral sclerosis; intractable seizure disorder; severe dementia; or Alzheimer's disease. The act provides that when a health-care provider who is providing care or recently provided care to the person makes a determination that the person's medical condition meets the standard for special needs parole, then a referral must be made to the parole board. The department of corrections is required to include in each contract with a licensed health-care provider involved in providing inmate care a requirement that the provider screen for eligibility for special needs parole. The act requires legislative council staff to conduct a study of options for releasing aging and seriously ill offenders from secure custody to appropriate care or placing offenders in alternative programs that can better provide the offender's needed medical care. (Note: This summary applies to this bill as enacted.)

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