Colorado lawmakers are considering whether to carve a new path out of prison for some inmates who have served at least two decades behind bars. In a second-look sentencing bill introduced in late February, Democratic state senators Julie Gonzales, of Denver, and Mike Weissman, of Aurora, seek to cre ate a new legal process to allow judges to reduce sentences for prisoners who have spent at least 20 years behind bars and who either committed their crimes when they were younger than 21, or who are at least 60 years old. Senate Bill 26-115 excludes a number of convictions from automatically qualifying for the process — including first-degree murder — but allows for district attorneys to bring a petition for any prisoner at the prosecution’s discretion. “The basic idea is that when we sentence somebody, they are sentenced based on who we understand them to be at that moment, who they have shown us to be through their conduct — and, in the cases we are talking about, that is bad conduct that there needs to be consequences for,” Weissman said. “But a second-look policy is about inviting the question, how much consequence, how many years? The question of when somebody should toll out of (the Department of Corrections) is really less a function of who the person was when they went in — in this case, at least 20 years ago — than who are they now.” There are 137 people in Colorado state prisons who would automatically qualify to seek a sentence reduction under the bill, according to its fiscal note, and another 164 people who have served more than 20 years on first-degree murder convictions and are not automatically eligible for a sentence reduction but could still be considered with the prosecution’s support. Prisoners would file a petition with the courts to start the process, which would proceed to a hearing in open court during which prisoners would need to prove that they are no longer a danger to society and that sentence reductions are warranted, according to the bill. Prisoners would be entitled to representation from an attorney, and crime victims would be entitled to speak at the hearing. Judges would consider the prisoners’ age, history, behavior in prison, education and maturity, as well as the stance of the victims when weighing whether to reduce a sentence. Judges could reduce a sentence to no lower than 25 years in prison. That would likely often allow prisoners who had served 20 years to be immediately released on parole. About half of U.S. states have some sort of second-look sentencing law or process in place, said Dan Meyer, litigation and policy director at Spero Justice Center, a Colorado nonprofit aimed at addressing unjust sentences. The process would open up a new chance at freedom in a state where clemency is granted in just a fraction of cases and other post-conviction relief, like the state’s Juveniles and Young Adults Convicted as Adults program, or JYACAP, is limited or stalled, Meyer said. Gov. Jared Polis has not released graduates of the state’s JYACAP since 2023. The idea behind giving prosecutors the power to override the bill’s exemptions was to ensure that the work of district attorneys’ conviction review units — dedicated staff within prosecutors’ offices who consider post-conviction claims of innocence or, sometimes, inequity — could continue without restrictions, Meyer said. “If the DA thinks the sentence is unjust, their hands would never be tied,” he said. George Brauchler, district attorney in the 23rd Judicial District, said the second-look proposal undermines the will of Colorado voters, who in 2024 voted to require that people convicted of certain violent crimes serve at least 85% of their prison sentence before they become eligible for parole or good-time reductions. “Every year this legislature finds a way to prove me right when I say this is the most offender-friendly legislature we’ve had,” he said. “Every year they say ‘hold my bong’ and they do something worse.” The second-look process could be re-traumatizing to victims, Brauchler said. It also would put cases into the hands of judges, prosecutors and defense attorneys who likely were not involved when the defendants were sentenced decades earlier. The original judges on cases, who hear evidence and listen to testimony firsthand, are best suited to decide on sentences, he said, not a judge who comes into the process years later. “It undermines the integrity of the system,” he said. Related Articles Gov. Jared Polis stops releasing prisoners who’ve spent decades behind bars for youthful crime Colorado men’s prisons will run out of space in next fiscal year, state warns An act of mercy freed Josh Rosales from life in a Colorado prison. Now he’s returning to the outside world. Jeffco DA is first in Colorado to review past convictions for equity, not just innocence Colorado Democrats blast Gov. Jared Polis as he again hints at intervening in Tina Peters’ prison sentence Legislative staff conservatively estimated that only about 19 prisoners from the current pool of qualified applicants would actually be released from prison should the bill pass. The effort is expected to cost about $400,000 because of an increased workload for Colorado’s public defenders and judicial staff — a figure that already considers that the Colorado Department of Corrections would save roughly $300,000, according to a fiscal note. Meyer suggested that people facing decades in prison may be motivated to change for the better while incarcerated in order to earn a sentence reduction, and said the state could see longer-term savings in prison costs. “Ultimately, for us, what second-look comes down to is the importance of hope, and not just speculative hope but having clear, measurable opportunities for people to demonstrate that they have changed their lives,” he said. Brauchler noted that people imprisoned for 20 or more years likely committed serious crimes or were sentenced as habitual prisoners. The first purpose of sentencing is punishment, he said, not rehabilitation. “They say, ‘This is about giving hope’ to the worst of the worst offenders,” he said. “I don’t care if they have hope. That is not why they are in prison.” Sign up to get crime news sent straight to your inbox each day. ...read more read less