COLORADO — Proposition 128 on November's election ballot would increase the time some violent offenders serve in prison before they're eligible for parole.
If passed by voters, those convicted of certain violent crimes would serve at least 85% of their sentence before they are eligible for parole or earned time reductions. A third-strike rule in the proposition would also take away parole eligibility for criminals after a third violent conviction, requiring them to serve 100% of their sentence without any earned time.
The proposition applies to offenders convicted of second-degree murder, first and second-degree sexual assault, aggravated robbery, first-degree assault, class 2 felony kidnapping, first-degree arson, and first-degree burglary.
The current Colorado law requires these offenders to serve 75% of their sentence, while earned time reductions for good behavior and completed programs in prison can reduce the sentence by half in some cases.
Fourth Judicial District Attorney Michael Allen is in favor of Prop 128, also known as the "Truth in Sentencing" measure. He said the proposition would take violent criminals off the streets for longer periods while giving more certainty to victims.
"If somebody's sentenced to prison, they're going to serve much less than their actual sentence that they get, and that can be troubling for victims. It's also detrimental to public safety," said Allen. "We just go way overboard in Colorado when we're talking about reducing a sentence from 16 years down to eight years, that's too much of earned time and good time credit."
Similar state legislation was introduced in January by three republican co-sponsors, Rep. Mike Lynch, Sen. Mark Baisley, and Sen. Perry Will. The bill was postponed indefinitely by the House Judiciary Committee in an 8-3 vote a month later.
Some opponents of Prop 128 argue it would take discretion away from the Colorado State Parole Board. Kyle Giddings, a Civic Engagement Coordinator for the Colorado Criminal Justice Reform Coalition (CCJRC), said taking away earned time reductions also takes away the incentive to have good behavior behind bars.
“If we decide to pass 128 it will eliminate a lot of incentives for folks to be working on themselves why they're inside," said Giddings. "There's so many social programs we could be investing in that can help folks make sure they have a safe home, a balanced life, instead of investing into building more prisons and keeping people locked up."
CCJRC estimates the proposition would cost the state $152.4 million to increase physical space for additional prisoners and $56.2 million each year to keep people incarcerated longer.
The fiscal impact predicted in the 2024 State Ballot Information Booklet (Blue Book) is a one-time $12,000 computer system update and an increase of $12 million to $28 million in state spending after around 20 years due to longer prison sentences.
Violent crime in Colorado decreased from 2022 to 2023, but still remains higher than pre-pandemic levels, according to data from the Colorado Bureau of Investigation. The data shows overall violent crime in the state increased by more than 54% from 2015 to 2023.
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