Thought Leaders: Colorado voters pass two “Tough-on-Crime” measures

On November 5, 2024, Colorado voters passed Amendment I and Proposition 128 into law. Amendment I strengthens the law related to posting bail in first-degree murder cases. Proposition 128 toughens the law applicable to parole eligibility for violent crimes. This article briefly summarizes each of these new laws.

Amendment I

Generally, a person accused of a crime in Colorado has the right to bail out of county jail while awaiting trial. Prior to 2020, there was, however, an exception to that rule. In first-degree murder cases in which the death penalty could be sought, a judge could preclude a person from posting bail following a hearing on the issue. In 2020, lawmakers abolished Colorado’s death penalty and in 2023, the Colorado Supreme Court ruled that a judge no longer had the ability to deny a person charged with first-degree murder the right to bail out of jail prior to trial.

Colorado voters passed Amendment I to the Colorado Constitution to reinstate the former rule. Judges are once again authorized to preclude a person accused of first-degree murder from posting bail where the “proof is evident and the presumption is great” that the person committed the crime following a hearing on the issue.

Proposition 128

Prior to the passage of Proposition 128, Colorado law required that a person convicted of certain types of violent crimes had to serve 75% of their prison sentence less “earned time” before being eligible for discretionary parole. Once a prisoner served 75% of their sentence, the State Board of Parole then had the discretion to release an inmate prior to serving the full sentence.

Effective January 1, 2025, Proposition 128 mandates that persons convicted for certain violent crimes, such as second-degree murder, first- or second-degree assault, aggravated robbery, class 2 felony kidnapping, first-degree arson, and first-degree burglary, must now serve 85% of their prison sentence (with no adjustment for earned time) before becoming eligible for discretionary parole. In addition, persons convicted of a third crime of violence are no longer eligible for discretionary parole or earned time reductions. The 75% rule will continue to apply, however, to any individual convicted prior to January 1, 2025.

If you are facing criminal charges or may be impacted by any of the changes in the law discussed above, contact BHGR’s Criminal Law Group to determine if we can assist you.

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