SB 115: Post-Conviction Relief for Certain Offenders

Official summary

Abstract published by the legislature (via Open States). Text as published by the legislature; reproduced verbatim.

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. 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.)

Sponsors

Sponsors by party (alphabetical): Democratic 22

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. June 3, 2026Governor Signed
2. May 22, 2026Signed by the President of the Senate
3. May 22, 2026Signed by the Speaker of the House
4. May 22, 2026Sent to the Governor
5. May 13, 2026Senate Considered House Amendments - Result was to Concur - Repass
6. May 9, 2026House Third Reading Passed with Amendments - Floor
7. May 8, 2026House Committee on Judiciary Refer Amended to Appropriations
8. May 8, 2026House Committee on Appropriations Refer Amended to House Committee of the Whole
9. May 8, 2026House Second Reading Special Order - Passed with Amendments - Committee, Floor
10. May 5, 2026Senate Third Reading Passed with Amendments - Floor
11. May 5, 2026Introduced In House - Assigned to Judiciary
12. May 4, 2026Senate Second Reading Passed with Amendments - Committee, Floor

Showing 12 most recent of 17 actions. Full history