An inmate who meets one of the following criteria:
55+ years old with a diagnosed chronic physical or mental health condition causing serious impairment.
Any age with a chronic, permanent, terminal, or irreversible illness requiring costly care and who is incapacitated.
64+ years old, has served at least 20 years, and was not convicted of:
Class 1 or 2 felonies for violent crimes.
Unlawful sexual behavior.
Domestic violence or stalking.
Any age with a diagnosis of dementia or a severe cognitive impairment that makes them incompetent to proceed in legal matters.
Exclusions from Special Needs Parole
Inmates convicted of:
Class 1 felonies with life without parole or life with parole under 20 years served.
Class 2 felony violent crimes with less than 10 years served.
Exception: Terminally ill inmates with a life expectancy of 12 months or less may still qualify.
Section 2: Updates to Special Needs Parole Process (C.R.S. 17-22.5-403.5)
Eligibility Determination and Referral
A licensed health-care provider must determine and document in medical records whether an inmate has a serious impairment or cognitive disorder.
The Department of Corrections (DOC) must submit a referral for parole consideration if an inmate meets the criteria.
Role of Public Defenders and Inmate Liaisons
DOC must share relevant data with Public Defender Liaisons to assist inmates in applying for parole.
Inmates and liaisons can submit additional health records and information before parole decisions.
Parole Board Considerations
Must consider all medical, behavioral, and risk assessments when deciding parole eligibility.
Weighs factors including:
Age, medical condition, and institutional behavior.
Public safety risks and ability of DOC to provide necessary care.
Competency and Parole Revocation Hearings
If an inmate appears mentally incompetent, the parole board must pause proceedings and notify the Office of the State Public Defender for a competency evaluation.
Health-Care Provider Responsibilities
DOC contracts must require health-care providers to screen inmates for special needs parole eligibility.
Section 3: Legislative Study on Correctional Release for Aging and Seriously Ill Offenders
Study Focus
Legislative Council Staff will analyze alternative placements and community-based programs for aging and seriously ill offenders.
Review of compassionate release laws in other states and federal programs.
Placement & Funding Alternatives
Identify community corrections options (nursing homes, residential facilities).
Assess potential for Medicaid, Medicare, and Social Security funding for parolees.
Examine legal barriers preventing the use of community programs.
Reporting Requirements
Findings must be submitted to the DOC, Joint Budget Committee, Legislative Audit Committee, and Judiciary Committees by December 15, 2025.
Section 4: Effective Date and Referendum Clause
Takes effect 90 days after final adjournment of the General Assembly.
If a referendum petition is filed, the bill will go to voters in November 2026 before taking effect.
Summary
Under current law, a sheriff may allow an individual to choose to
stay in jail overnight after release when extenuating circumstances exist. The bill states it is an extenuating circumstance to facilitate a connection to a service provider. If a defendant remains in jail overnight, the defendant must be released by 10 a.m. the next morning.
Under current law, there is a distinction for those who are 55 years
of age or older, and for those under that age with certain medical conditions, for special needs parole. The bill changes that distinction. The bill makes an inmate eligible for special needs parole if the inmate is 55 years of age or older and suffers from a diagnosed severe cognitive impairment or serious impairment that limits the person's ability to function. The bill makes an inmate eligible for special needs parole if the inmate is under 55 years of age and suffers from a diagnosed severe cognitive impairment or serious impairment that limits the person's ability to function; has served at least 25% of the inmate's sentence, or 10 years imprisonment, whichever is shorter; 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. The bill 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 bill provides that when a health-care provider who is providing 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 patient care to an inmate a requirement that the provider screen each patient for eligibility for special needs parole.
The bill 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.
