SB 115: Post-Conviction Relief for Certain Offenders - Colorado

Rerevised → Final Act · 5 edits · May 21, 2026

MODERATE

The bill was converted from a draft version to a Final Act, adding specific dates for signatures and Governor approval. Substantively, the bill now includes a new section guaranteeing appointed counsel for petitioners and establishing a strict timeline where the court must set a hearing soon after receiving the prosecutor's written response. It also clarifies that petitioners are entitled to only one evidentiary hearing on the merits and formally requires the court to consider specific mitigating factors, such as the petitioner's age and history of trauma, during the sentence reconsideration process.

Scope change

The scope of the bill remains focused on post-conviction relief for offenders aged 60 or older who have served at least 20 years, but the procedural rules for how these petitions are handled have been expanded to include mandatory legal representation and defined hearing timelines.

REQUIREMENT

Added a requirement that the court appoint counsel from the Office of State Public Defender to represent petitioners who file pro se petitions.

Established that a petitioner is entitled to only one evidentiary hearing on the merits of their petition.

Explicitly required the court to consider specific factors, including the petitioner's age, likelihood of reoffense, and history of trauma, when deciding on sentence modification.

TIMELINE

Added a mandate for the court to set a hearing as soon as practicable after receiving the District Attorney's written response.

TECHNICAL

Updated the header and introductory text to reflect the bill's status as a Final Act ready for signature, including specific dates and a note about legislative status.

Revised → Rerevised · 1 edit · May 9, 2026

MINOR

The bill was re-revised to include additional sponsors and update the amendment status to reflect changes made during the House's third reading. Substantively, the text of the relief section was significantly altered by removing the list of specific offenses (such as sex offenses and human trafficking) that previously qualified an individual for relief while in the custody of the Department of Corrections. This change effectively eliminates the specific criteria for who is eligible for this relief, leaving the section without defined qualifying offenses.

Scope change

The bill's scope was narrowed by removing the specific list of offenses that trigger eligibility for relief.

ELIGIBILITY

Deleted the list of specific crimes (including sex offenses and human trafficking) that previously made an individual eligible for relief under this section.

Reengrossed → Revised · 4 edits · May 8, 2026

MODERATE

The bill was renumbered and its title updated to reflect amendments adopted on second reading in the second house. The substantive list of offenses eligible for post-conviction relief was reorganized and split into two distinct categories: specific sex offenses and human trafficking charges, while the criteria for life imprisonment and victim age remain included. This restructuring clarifies the scope of relief available to offenders but does not appear to alter the underlying eligibility requirements or funding amounts.

Scope change

The bill's scope was clarified by reorganizing the list of eligible offenses into two primary categories (sex offenses and human trafficking) rather than a single continuous list, though the specific offenses included remain substantively the same.

TECHNICAL

The bill header was changed from 'REENGROSSED' to 'REVISED' to indicate the legislative stage, and the bill number was updated to reflect the new version.

Committee assignments were updated to show that the Judiciary and Appropriations committees reviewed the bill in both the Senate and House.

The bill text was renumbered and restructured; the list of eligible offenses was split into two distinct subsections (a and b for sex/human trafficking, c for life imprisonment) instead of a single list.

ELIGIBILITY

The criteria for post-conviction relief were reorganized to explicitly separate sex offenses and human trafficking charges from other serious offenses like life imprisonment, though the specific offenses listed remain unchanged.

Engrossed → Reengrossed · 5 edits · May 5, 2026

MODERATE

The bill was reengrossed to include additional sponsors and updated the bill summary to reflect that amendments have been adopted. Substantively, the eligibility criteria for post-conviction relief for offenders aged 60 and older were modified to allow petitions to be filed within three years of the section's effective date, rather than three years after the effective date. Additionally, specific provisions regarding the right to counsel and certain offense categories were removed from the text.

Scope change

The bill's scope regarding the timeline for filing post-conviction relief petitions was altered to clarify the start date for the three-year window, and specific procedural rights were removed.

TIMELINE

Changed the deadline for filing post-conviction relief petitions from 'three years after the effective date' to 'three years after the effective date of this section' to clarify when the clock starts.

TECHNICAL

Added new sponsors to the bill: Amabile, Benavidez, Coleman, Cutter, Jodeh, Kipp, Rodriguez, and Wallace.

Updated the bill summary to indicate that it now reflects amendments adopted in the House of Introduction.

REQUIREMENT

Removed a provision stating that petitioners have a right to counsel for all proceedings arising from a pro se petition.

ELIGIBILITY

Removed specific language listing offenses against peace officers, emergency medical service providers, and firefighters as qualifying offenses for the petition.

Introduced → Engrossed · 6 edits · May 4, 2026

MODERATE

The bill was re-engrossed to include amendments from the House, adding new sponsors and a committee assignment. The substantive text of the bill regarding post-conviction relief for young offenders and elderly inmates remains largely unchanged, though the formatting of the title and summary was adjusted to reflect the amendments.

Scope change

The bill's scope and applicability remain unchanged; the amendments were primarily procedural and formatting adjustments.

TECHNICAL

The bill status changed from 'Introduced' to 'Engrossed' to reflect that it includes all amendments adopted on second reading in the House.

House sponsors (Bacon and Mabrey) were added, and the Judiciary Committee was joined by the Appropriations Committee.

The title of the bill was expanded to explicitly mention making and reducing an appropriation.

The Bill Summary note was updated to indicate the version includes amendments adopted on second reading.

The legislative declaration section was reorganized and renumbered, shifting the focus from youth offenders to elderly offenders in the section headers, though the content of the findings remains consistent.

The statutory text regarding eligibility criteria and exclusions was renumbered and slightly reformatted, but the legal requirements for petitioners (age 21 at offense/age 60 now, 20 years served) and excluded offenses remain the same.

Post-Conviction Relief for Certain Offenders

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