SB 25-190 Colorado Senate · 2025 Regular Session

Offender Release from Custody

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.)

Issues: ✓ Criminal Justice

Sub-Topics: Probation & Parole Domestic Violence

Bill status signed all 5 stages cleared

Introduction

Mar 2025

Committee Review

Apr 2025

Senate Passage

Apr 2025

House Passage

Apr 2025

Signed into Law

May 2025

Introduced Mar 4, 2025 Signed May 29, 2025

Maddy AI version diff · 6 comparisons

What changed between versions

Revised (04/29/2025) → PA1 (03/27/2025) · 6 edits

MODERATE

This bill amends Colorado laws to expand special needs parole eligibility for older inmates and those with serious medical conditions, while also clarifying bail procedures for defendants who may need to stay in jail overnight to connect with service providers. The changes aim to improve access to medical care for aging and seriously ill offenders by creating clearer pathways for parole consideration.

Scope change

The bill expands special needs parole eligibility to include inmates under 55 years old with severe cognitive or physical impairments, previously limited to those 55 and older with similar conditions. It also adds specific medical conditions that qualify for parole consideration.

ELIGIBILITY

Changed special needs parole eligibility criteria to include inmates under 55 years old who have severe cognitive impairment or serious functional limitations, in addition to those 55 and older with similar conditions.

Added specific qualifying medical conditions including advanced cancer, end-stage organ diseases, progressive neurodegenerative diseases, intractable seizure disorders, severe dementia, and Alzheimer's disease.

REQUIREMENT

Requires the Department of Corrections to include screening requirements in contracts with healthcare providers to identify inmates eligible for special needs parole.

Mandates Legislative Council staff to conduct a study on releasing aging and seriously ill offenders from secure custody to appropriate care or alternative programs.

Clarified bail procedures to allow defendants to stay in jail overnight to connect with service providers, with a 10 a.m. release deadline the next morning.

DEFINITION

Added new definitions for 'activities of daily living' and 'inmate liaison' to clarify who can assist inmates with parole applications.

Floor votes · Senate Apr 1, 2025 · House Apr 30, 2025

How they voted

22–12

Passed

Total votes 34

Apr 1, 2025

D Democratic22

22 Yea

100% Yea

R Republican12

12 Nay

100% Nay

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

May 29, 2025

Signed into law

Governor Signed

executive

May 1, 2025

Introduced

Senate Considered House Amendments - Result was to Concur - Repass

upper

Apr 30, 2025

Lower · Passed

House Third Reading Passed - No Amendments

lower

Apr 22, 2025

Lower · Passed

House Committee on Judiciary Refer Amended to House Committee of the Whole

lower

Apr 1, 2025

Introduced

Introduced In House - Assigned to Judiciary

lower

Apr 1, 2025

Upper · Passed

Senate Third Reading Passed - No Amendments

upper

Mar 26, 2025

Upper · Passed

Senate Committee on Judiciary Refer Amended to Senate Committee of the Whole

upper

Mar 4, 2025

Introduced

Introduced In Senate - Assigned to Judiciary

upper

4 primary · 23 co-sponsors