SB 25-190: Offender Release from Custody

Official summary

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

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.)

Sponsors

Sponsors by party (alphabetical): Democratic 25 · Republican 1

“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. May 29, 2025Governor Signed
2. May 13, 2025Sent to the Governor
3. May 13, 2025Signed by the President of the Senate
4. May 13, 2025Signed by the Speaker of the House
5. May 1, 2025Senate Considered House Amendments - Result was to Concur - Repass
6. April 30, 2025House Third Reading Passed - No Amendments
7. April 29, 2025House Second Reading Special Order - Passed with Amendments - Committee, Floor
8. April 25, 2025House Second Reading Laid Over Daily - No Amendments
9. April 22, 2025House Committee on Judiciary Refer Amended to House Committee of the Whole
10. April 1, 2025Senate Third Reading Passed - No Amendments
11. April 1, 2025Introduced In House - Assigned to Judiciary
12. March 31, 2025Senate Second Reading Passed with Amendments - Committee

Showing 12 most recent of 14 actions. Full history