ColoradoPost-Conviction Relief for Certain Offenders
What it does
The act 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 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. A person is not eligible to petition if the person is incarcerated as a result of conviction for a sex offense, human trafficking, an offense that resulted in a sentence to life imprisonment without the possibility of parole, an offense for which the victim was a child younger than 12 years old, or an offense against a first responder engaged in the performance of their duties. 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.
More detail
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 act, 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 act appropriates $50,840 to the judicial department for use by the public defender and $50,326 to the 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 by $168,980.(Note: This summary applies to this bill as enacted.)
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jun 3Governor Jared Polis SignedBecame Law
- May 22Signed by the President of the SenateMajor
- May 22Signed by the Speaker of the HouseMajor
- May 22Sent to the GovernorTo Governor
- May 13Senate Considered House Amendments - Result was to Concur - Repass
- Vote recorded REPASS. Result: pass.Lower
- Vote recorded CONCUR. Result: pass.Lower
- Vote recorded CONCUR. Result: pass.Upper
- Vote recorded REPASS. Result: pass.Upper
- May 9House Third Reading Passed with Amendments - FloorPassed House
- Vote recorded AMD (L.025). Result: pass.Lower
- Vote recorded BILL. Result: pass.Lower
- Vote recorded PERM. Result: pass.Lower
- May 8House Committee on Judiciary Refer Amended to AppropriationsMinor
- Vote recorded Refer Senate Bill 26-115, as amended, to the Committee on Appropriations. Result: pass.Upper
- Vote recorded Refer Senate Bill 26-115, as amended, to the Committee of the Whole. Result: pass.Upper
- Vote recorded Refer Senate Bill 26-115, as amended, to the Committee on Appropriations. Result: pass.Lower
- Vote recorded AMD (H.001). Result: fail.Lower
- Vote recorded Adopt amendment J.004. Result: pass.Lower
- Vote recorded Refer Senate Bill 26-115, as amended, to the Committee of the Whole. Result: pass.Lower
- May 8House Committee on Appropriations Refer Amended to House Committee of the WholeMinor
- May 8House Second Reading Special Order - Passed with Amendments - Committee, Floor
- May 5Senate Third Reading Passed with Amendments - FloorPassed Senate
- Vote recorded BILL. Result: pass.Lower
- Vote recorded AMEND (L.010). Result: pass.Lower
- Vote recorded AMEND (L.010). Result: pass.Upper
- Vote recorded BILL. Result: pass.Upper
- May 5Introduced In House - Assigned to JudiciaryMinor
- May 4Senate Second Reading Passed with Amendments - Committee, FloorMinor
- May 1Senate Second Reading Laid Over to 05/04/2026 - No Amendments
- Apr 30Senate Second Reading Laid Over Daily - No Amendments
- Apr 28Senate Committee on Appropriations Refer Amended to Senate Committee of the WholeMinor
- Vote recorded Adopt amendment L.002. Result: pass.Upper
- Vote recorded Adopt amendment J.002. Result: pass.Upper
- Vote recorded Refer Senate Bill 26-115, as amended, to the Committee of the Whole. Result: pass.Upper
- Feb 25Senate Committee on Judiciary Refer Amended to AppropriationsMinor
- Feb 17Introduced In Senate - Assigned to JudiciaryIntroduced