SB 26-36

Senate Bill 26-36, also known as Prison Population Management Measures, updates how Colorado manages its prison population. It raises the threshold for when certain measures must be implemented from a 3% vacancy rate in prison beds to a 4%, giving more flexibility before actions are required. These measures include transitioning inmates to nonresidential status, providing additional earned time for those nearing release, and expediting parole reviews. The bill also mandates that specific individuals and entities acknowledge receipt of notifications about the bed shortage and comply with these management measures. Since it has been signed into law, these changes will now be enforced by the Department of Corrections.

Official Summary

When the prison bed vacancy rate in correctional facilities and state-funded private contract prisons falls below 3% for 30 consecutive days, current law requires the department of corrections (department) to notify certain individuals and entities (notification) and implement prison population management measures. The act increases the threshold prison bed vacancy rate to 4% before the prison population management measures to go into effect. The act includes additional individuals and entities that are required to receive the notification and requires the notification to occur within 48 hours of the vacancy rate falling below 4% for 30 consecutive days. The act requires the individuals and entities that receive the notification to acknowledge receipt of the notification and confirm compliance with the prison population management measures. The act requires additional prison population management measures, including requiring the department to request expanding community corrections capacity and make referrals to the parole board, and requiring notified individuals and entities to consider alternatives to prison sentences for certain offenders.     The act appropriates $303,812 to the department to implement the act. The act decreases the appropriation for the 2026-27 state fiscal year to the department for inmate daily rate payments to local jails by $478,778.(Note: This summary applies to this bill as enacted.)

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