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Update: Passed
62.2% YES
What Prop 128 Proposes
Increase the amount of prison time a person convicted of certain crimes of violence must serve before becoming eligible for discretionary parole or earned time reductions
Make a person convicted of a third crime of violence ineligible for discretionary parole or earned time reductions
In simple terms, this means that they will be increasing the time someone convicted of a violent crime must serve before they can have discretionary parole or time reductions. Also that after someone has committed three violent crimes they are ineligible for discretionary parole or time reductions
Summary and Analysis of Proposition 128
What is Parole and How Does Discretionary Parole Differ from Mandatory Parole
Parole is a system to supervise convicted persons after they are released from prison. Every person sentenced to prison in Colorado is released through either discretionary or mandatory parole unless they are sentenced to life without parole. Discretionary parole occurs when a person reaches a prescribed eligibility date, which is the minimum amount of time a person must stay in prison before parole can be considered. Thereafter, the person may apply to appear before the State Board of Parole to determine if the remaining sentence may be completed under community supervision. Mandatory parole occurs when a person reaches their mandatory release date, which is the maximum amount of time a person must stay in prison before they are automatically released on parole. In both cases, the State Board of Parole sets the conditions of community supervision, such as requiring employment, housing, or substance abuse treatment.
In simple terms, parole is a system to watch convicted people after they are released from prison. Every person in Colorado in prison when released is released through discretionary parole or mandatory parole, unless they are convicted of life without parole. Discretionary parole is where once you have served a minimum time to be eligible for this program you can appear before a court and they can decide if you can finish your sentence under community supervision or that you have to live out the rest of your sentence in prison. Mandatory parole is done so you can get out of prison and the court will order you to meet some qualifications while out of prison for a set time.
How Does Parole for Crimes of Violence Work Under Current Law
Under current law, a person convicted for certain crimes of violence must serve 75 percent of their sentence in prison before being eligible for discretionary parole, minus earned time. Earned time reduces a person’s time in prison as an incentive for progressing toward certain personal, professional, or educational goals by up to 10 or 12 days a month, depending on the crime for which the person was convicted. When a person becomes eligible for discretionary parole, they appear before the State Board of Parole which determines whether they will be released from prison ahead of their mandatory release date and placed on supervised parole.
In simple terms, under current law people convicted of violent crimes have to serve a minimum of 75 percent of their sentence before they are eligible for discretionary parole, minus earned time. Earned time is where a person's time can be reduced by progressing on things like personal, professional, or educational goals by up to 10 or 12 days a month. Depending on the crime that has been committed. When they are eligible for discretionary parole they will appear before a judge and they will decide whether or not they will be released from prison or serve the rest of their sentence.
What Does Proposition 128 Do
Proposition 128 requires a person convicted of certain crimes of violence committed on or after January 1, 2025, to serve at least 85 percent of their sentence in prison before they can become eligible for discretionary parole or reduce their sentence by receiving earned time. Crimes of violence covered by the measure are murder (second degree), sexual assault (first or second degree), aggravated robbery, and the most serious cases of assault (first degree), kidnapping (class 2 felony), arson (first degree), and burglary (first degree). A person who is convicted of a third or subsequent crime of violence is ineligible for earned time or discretionary parole, meaning their entire sentence must be served in prison before the person is released on mandatory parole.
An estimated 220 individuals per year are sentenced to prison for crimes of violence and currently serve an average of about 23 years in prison, which will increase under the measure. The measure does not impact the parole eligibility of a person who is incarcerated for crimes committed before January 1, 2025.
In simple terms, Proposition 128 will require anybody convicted of violent crimes after January 1, 2025, to serve at least 85 percent of their sentence in prison before they are eligible for discretionary parole or have their sentence reduced by receiving earned time. Violent crime covered by this measure are murder (second degree), sexual assault (first or second degree), aggravated robbery, and the most serious cases of assault (first degree), kidnapping (class 2 felony), arson (first degree), and burglary (first degree). Someone that is convicted of a third or subsequent violent crime are ineligible for discretionary parole or earned time. this means that they have to serve their entire sentence in prison before they can be released under mandatory parole. There is an estimated 220 individuals per year sentenced to prison for violent crimes and serve an average of 23 years in prison. This will increase under Proposition 128. Proposition 128 doesn't affect violent crimes committed before January 1, 2025.
How Does Proposition 128 Change Parole Eligibility
Table 1 below shows an example comparing a 20-year court-ordered prison sentence for a first or second conviction of a crime of violence under current law to the same sentence under the measure. The measure’s change to the requirement to serve 75 percent of the sentence to 85 percent in this example results in an additional two years served in prison. Additionally, under current law, a person can reduce their discretionary parole eligibility date with earned time; under the measure, 85 percent of the sentence must be served in prison before a person can be eligible for earned time reductions. This results in one additional year served in prison under the measure in this example. It should be noted that discretionary parole eligibility does not guarantee a person will be released from prison as the State Board of Parole has final decision-making authority over this matter, and that mandatory parole eligibility remains the same under current law and Proposition 128.
In simple terms, the table above compares the sentencing under current law and the sentencing under Proposition 128. Under current law, you have to serve 75% of your sentence or 15 years of a 20-year sentence until you are eligible for discretionary parole. Under Proposition 128, you will have to serve 85% of your sentence or 17 years of a 20 sentence until eligible for discretionary parole. Under current law, you can reduce the eligibility date for discretionary parole. Under Proposition 128, you cannot reduce your eligibility date for discretionary parole. Under current law, the discretionary parole time frame with time earned is 14 years to 19 years for a 20-year sentence. Under Proposition 128, the discretionary parole time frame with time earned time is 14 years to 19 years for a 20-year sentence.
Argument for Proposition 128
Proposition 128 keeps people convicted of crimes of violence in prison for a longer period of time in an effort to increase public safety and ensure that justice is served. People who commit these dangerous crimes should be kept away from their victims and the community without opportunities for discretionary parole or earned time. Victims and their family members deserve the sense of security that prolonged periods of incarceration will provide.
In simple terms, the above paragraph states that the people convicted of violent crimes are in prison longer and that allows for increased public safety and ensures justice is served. People who have committed violent crimes should be kept away from their victims and the community, without opportunities for discretionary parole or earned time. The victims and their families deserve security and that is allowed by longer periods in prison.
Argument Against Proposition 128
Proposition 128 removes the opportunity for convicted people to achieve earned time, giving them less incentive to comply with prison rules or take advantage of rehabilitation opportunities offered in prison. The prison population will grow, which will increase costs and require additional staff when many prisons are already short-staffed and have difficulty recruiting and retaining employees. Finally, there is no evidence that the measure will reduce crime rates.
In simple terms, proposition 128 doesn't allow for earned time which removes the incentive to follow prison rules or use rehabilitation opportunities in prison. The populations in prisons will increase and this will require additional staff, this also increases the cost when most prisons are understaffed. This is due to the difficulty of recruiting and keeping employees. Lastly, there isn't any evidence that Proposition 128 will decrease crime rates.
Fiscal Impact of Proposition 128
State spending. The measure increases state spending in two ways. In the short term, the measure requires one-time computer system updates to the Department of Corrections’ case management system, estimated at $12,000. Beginning in approximately 20 years, state spending will increase by between $12 million and $28 million per year due to the measure’s increase in the percentage of prison sentences that must be served. This estimate is based on current costs and average lengths of stay for persons in state prison and assumes that the number and types of convictions and total sentence lengths remain constant. Actual costs will likely increase with inflation and depend on offender behavior and decisions by the State Board of Parole.
In simple terms, Proposition 128 will impact state spending in two ways. The first way is in the short term and this is that proposition 128 will require a one-time computer system update to the Department of Corrections case management system, which is estimated to cost $12,000. The second way is that in about 20 years state spending will increase to between 12 million and 28 million, this is due to the increase in the percentage of prison sentences served. The costs will likely increase because of inflation and will depend on the decisions of the state board and the behavior of the offender.
Cast Your Impala Ballot
The Impala Ballot is a polling system we plan to use to look at the issues our community cares about and where their feelings lie. These polls are in no way affiliated with any party in the area and the information will only be used by the Poudre Press and potentially PHS Government classes.
Proposition 128: Are you planning to vote/want to vote for or against?
- Yes to Prop 128!
- No to Prop 128!
Sources
2024 State Ballot Information Booklet
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