Colorado Governor Signs Bill to Expand Earned Time Credits and Other Measures
by Michael Dean Thompson
The reality of consistent prison overcrowding sparked new legislation in Colorado, which Governor Jared Polis (D) signed in May of this year. Senate Bill 159 (SB 159) expands earned time credits for some prisoners while also establishing a working group that will make recommendations on how to reduce overcrowding in facilities.
In 2018, lawmakers had unanimously passed a law to relieve overcrowding in their state prisons, but it was not working. The law, House Bill 18-1410, does not mandate mass release. Instead, it tries to expedite processes to release people who are already eligible for discretionary parole. The law was triggered in August 2025 when the number of empty prison beds fell below 3% for more than 30 days. The policy has significant limitations, including that it specifically excludes those convicted of certain crimes from consideration for release, it is very restrictive, and that it relies on the boards of community correction centers, rather than the state Department of Corrections (DOC), to assign parolees to beds.
These problems were further exacerbated by a lack of parole officers and available required transition programs. Lawmakers asked nonpartisan legislative analyst Justin Brakhe about the law’s effectiveness, to which he answered, “I think the short answer is it’s not doing much.” As a result, nearly 5,000 prisoners have been granted parole but remain incarcerated.
The 2026-27 state budget authorizes the DOC to add 941 beds in another attempt to reduce overcrowding. However, they have not yet determined where those beds will be located. Gov. Polis had requested the funding to build two new prisons but the legislature’s Joint Budget Committee rejected the proposal. Instead, they approved a budget placeholder to contract for beds at two private prisons that had previously closed.
Senate Bill 159 changes how some nonviolent incarcerated people earn time-credits, which reward good behavior by crediting the prisoner with additional days of time served, thereby reducing their sentence. Those with the lowest level convictions will see their earned time credits increase from 12 to 14 days each month. Higher-level convictions will see an increase from 10 to 12 days per month. There are additional programming rewards where completion of a milestone or a behavioral health program can potentially result in an additional 150 days of credit.
Sources: Our Colorado News, Colorado Newsline
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