Colorado Proposition 128, Parole Eligibility Initiative (2024)

Colorado Proposition 128
Election date November 5, 2024
Topic Civil and criminal trials and Law enforcement
Status a Approved
Type State statute	Origin Citizens

Colorado Proposition 128, the Parole Eligibility Initiative, was on the ballot in Colorado as an initiated state statute on November 5, 2024. It was approved.

A "yes" vote supported requiring offenders convicted of certain violent crimes on or after January 1, 2025, to serve at least 85% of their sentence before parole eligibility, and offenders with two prior violent crime convictions to serve their full sentence before beginning parole.

A "no" vote opposed making changes to parole eligibility, thereby maintaining current law providing parole eligibility to individuals convicted of certain violent crimes after completing 75% of their imposed sentence minus any time earned off of the sentence for good behavior.

Election results

Colorado Proposition 128
Result		Votes	Percentage
Yes		1,869,231	62.11%
No		1,140,284	37.89%

Results are officially certified.

Source

Overview

What did Proposition 128 do?

This initiative changed requirements for parole eligibility for individuals convicted of specific violent crimes such as second-degree murder, first-degree assault, first-degree kidnapping, first or second-degree sexual assault, first-degree arson, first-degree burglary, and aggravated robbery.

As of 2024, in Colorado, an individual convicted of certain violent crimes could apply for parole after serving 75% of their sentence. Their sentences could further be reduced by earned time for good behavior.

Under the initiative, for such crimes committed on or after January 1, 2025, convicted individuals are required to serve 85% of their sentence before being eligible for parole, and earned time for good behavior can not be used to reduce the sentence.

For crimes committed before January 1, 2025, any individual with two prior violent crime convictions is eligible for parole after serving the full sentence minus any earned time off the sentence.

For crimes committed after January 1, 2025, individuals with two prior violent crime convictions can apply for parole after serving the full sentence without consideration of any earned time.

What did supporters and opponents say about the measure?

See also: Support and Opposition

The initiative was sponsored by Advance Colorado, a conservative policy advocacy organization that describes itself as "an idea incubator, generating new, common sense solutions to many of our state’s biggest challenges, including limited government, taxation, education, crime and public safety, and mental health." Advance Colorado also sponsored Proposition 130, which would increase funding for law enforcement. Advance Colorado said, "Colorado is in the middle of a violent crime and property crime surge. ... Colorado has the 4th worst recidivism rate in the nation. Recently, Gov. Polis’ appointed parole board let a criminal who committed child sex assault out early on parole, and he immediately assaulted another child. Support truth-in-sentencing. On average, violent criminals serve only 43% of their sentences in Colorado. This should be at least 85%."

Coloradans for Smart Justice registered as a committee to oppose Proposition 128 and Proposition 130. The American Civil Liberties Union donated $51,355 to the campaign. Taylor Pendergrass, ACLU of Colorado Director of Advocacy, said, "We think [Proposition 128] is a very bad idea for Colorado. It's likely to be a giveaway to private prison corporations. It would needlessly increase our prison population. It would cost taxpayers millions of dollars and not result in any public safety benefit. What current policy also makes sure happens is that we're not needlessly locking up people, that the Colorado Department of Corrections and prison officials all agree can be released safety with no threat of re-offending. [Proposition 128] is increasing the time that people would have to serve sentences for no real reason, no real benefit at all."

Text of measure

Ballot title

The ballot title for the measure was as follows:

“

Shall there be a change to the Colorado Revised Statutes concerning parole eligibility for an offender convicted of certain crimes, and, in connection therewith, requiring an offender who is convicted of second degree murder; first degree assault; class 2 felony kidnapping; sexual assault; first degree arson; first degree burglary; or aggravated robbery committed on or after January 1, 2025, to serve 85 percent of the sentence imposed before being eligible for parole, and requiring an offender convicted of any such crime committed on or after January 1, 2025, who was previously convicted of any two crimes of violence, not just those crimes enumerated in this measure, to serve the full sentence imposed before beginning to serve parole?

”

Full text

The full text of the initiative was as follows.

Section 1. In Colorado Revised Statutes, 17-22.5-303.3, repeal and reenact, with amendments, (1) and (2); and add (1.5) and (2.5) as follows: 17-22.5-303.3. Violent offenders – parole. (1) Any person sentenced for second-degree murder, first-degree assault, first-degree kidnapping, unless the first-degree kidnapping is a class 1 felony, first or second-degree sexual assault, first-degree arson, first-degree burglary, or aggravated robbery, committed on or after July 1, 1987, but before January 1, 2025, who has previously been convicted of a crime of violence, shall be eligible for parole after he has served seventy-five percent of the sentence imposed less any time authorized for earned time pursuant to section 17-22.5-302. Thereafter, the provisions of section 17-22.5-303 (6) and (7) apply. (1.5) Any person convicted for second-degree murder; first-degree assault; class 2 felony kidnapping; sexual assault under part 4, article 3 of title 18; first-degree arson; first-degree burglary; or aggravated robbery, committed on or after January 1, 2025, shall be eligible for parole after such person has served eighty-five percent of the sentence imposed upon such person. Thereafter, the provisions of section 17-22.5-303 (6) and (7) apply. (2) Any person convicted for a crime committed before January 1, 2025, for any crime enumerated in subsection (1) of this section, who has twice previously been convicted for a crime of violence, shall be eligible for parole after he has served the sentence imposed less any time authorized for earned time pursuant to section 17-22.5-302. Thereafter, the provisions of section 17-22.5-303 (6) and (7) apply. (2.5) Any person convicted and sentenced for a crime committed on or after January 1, 2025, for any crime enumerated in subsection (1.5) of this section, who has twice previously been convicted for a crime of violence, shall begin parole after he has served the full sentence imposed. Thereafter, the provisions of section 17-22.5-303 (6) and (7) apply. Section 2. In Colorado Revised Statutes, 17-22.5-403, amend (2.5)(a) as follows: 17-22.5-403. Parole eligibility. (2.5)(a) Notwithstanding subsection (1) of this section, any person convicted and sentenced for second-degree murder, first-degree assault, first-degree kidnapping unless the first-degree kidnapping is a class 1 felony, first-degree arson, first-degree burglary, or aggravated robbery, committed on or after July 1, 2004, but before January 1, 2025, shall be eligible for parole after such person has served seventy-five percent of the sentence imposed upon such person, less any time authorized for earned time granted pursuant to section 17-22.5-405.

Readability score

See also: Ballot measure readability scores, 2024

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state board wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 13, and the FRE is 30. The word count for the ballot title is 111.

Support

Supporters

Organizations

• Advance Colorado Institute
• Independence Institute

Individuals

• Michael Fields (R) - President of Advance Colorado and sponsor of the initiative

Arguments

• Advance Colorado President Michael Fields: "I think people are really shocked and appalled when they understand that because of earned time, good time, the parole board, these violent criminals are getting out at less than half of their sentence. There's many stories about people getting out early, reoffending the victims out there. I think it's definitely worth that money to keep violent criminals in jail longer than they're getting out right now at an average of 46 percent of their sentence."
• Advance Colorado: "Colorado is in the middle of a violent crime and property crime surge. ... We are #1 in the nation for auto theft. In 2022, auto thefts reached 801.2 per 100,000, cost $277 million in increased auto insurance, and reduced state GDP by $158 million. Colorado has the 4th worst recidivism rate in the nation. Recently, Gov. Polis’ appointed parole board let a criminal who committed child sex assault out early on parole, and he immediately assaulted another child. Support truth-in-sentencing. On average, violent criminals serve only 43% of their sentences in Colorado. This should be at least 85%."

Opposition

Opponents

Officials

• State Rep. Emily Sirota (D)

Political Parties

• Green Party of Colorado

Organizations

• ACLU of Colorado

Arguments

• Taylor Pendergrass, ACLU Colorado Director of Advocacy: "We think [the initiative] is a very bad idea for Colorado. It's likely to be a giveaway to private prison corporations. It would needlessly increase our prison population. It would cost taxpayers millions of dollars and not result in any public safety benefit. What current policy also makes sure happens is that we're not needlessly locking up people, that the Colorado Department of Corrections and prison officials all agree can be released safety with no threat of re-offending. [The initiative] is increasing the time that people would have to serve sentences for no real reason, no real benefit at all."
• Kyle Giddings, Civic Engagement Coordinator with the Colorado Criminal Justice Reform Coalition: "We have seen through American history that increasing penalties on crimes does not deter crime. This ballot measure just eliminates a tool that DOC has to help individuals get back on their feet and get back to their families."

Media editorials

See also: 2024 ballot measure media endorsements

Support

• Colorado Springs Gazette and Denver Gazette Editorial Board: "Much of the public might be unaware that most felons sent to prison only serve a fraction of their sentence before being paroled back to the streets — often enough, to commit more crimes. Proposition 128, aptly nicknamed “Truth in Sentencing,” would require the state’s most violent criminals to serve at least 85% of their sentences before becoming eligible for parole. Upon a third trip to prison for violent crimes — a list of offenses is specified in the proposal — inmates would be required to serve out their full sentences before becoming parole eligible. That’s long overdue. It’s not just about making criminals pay their debt to society — a worthy goal in its own right — but also about making our streets safer."

Opposition

You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org.

Campaign finance

See also: Campaign finance requirements for Colorado ballot measures

The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through December 5, 2024.

Ballotpedia did not locate any committees registered to support the initiative.

Coloradans for Smart Justice registered as a political action committee (PAC) to oppose the parole eligibility initiative and the police funding initiative.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$0.00	$0.00	$0.00	$0.00	$0.00
Oppose	$101,000.00	$2,933.25	$103,933.25	$100,314.60	$103,247.85
Total	$101,000.00	$2,933.25	$103,933.25	$100,314.60	$103,247.85

Support

Ballotpedia did not locate any committees registered to support the initiative.

Opposition

The following table includes contribution and expenditure totals for the committee in opposition to the initiative.

Committees in opposition to Proposition 128
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Coloradans for Smart Justice	$101,000.00	$2,933.25	$103,933.25	$100,314.60	$103,247.85
Total	$101,000.00	$2,933.25	$103,933.25	$100,314.60	$103,247.85

Donors

The following were the top donors to the opposition committee.

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
American Civil Liberties Union	$50,000.00	$2,033.00	$52,033.00
Colorado Criminal Justice Reform Coalition	$50,000.00	$0.00	$50,000.00

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Background

Parole in Colorado

In Colorado, any individual sentenced to a correctional facility may receive parole if the state board of parole determines that there is a reasonable probability that the individual will not violate the law while on parole and that the individual does not pose a threat to public safety. Colorado has mandatory parole periods for all individuals convicted of felonies upon exiting correctional facilities ranging from one to five years depending on the class of felony and the individual's history and behavior. The state parole board considers the risk of reoffending in each parole decision and conducts hearings to determine conditions of release. The Division of Adult Parole (DAP) supervises parolees after release. Conditions of parole include being accountable to a parole officer, requirements regarding living arrangements, employment, and travel, as well as drug and alcohol testing. Parole can be revoked if conditions of release are violated.

Colorado State Board of Parole

The Colorado State Board of Parole is composed of nine members appointed by the governor and confirmed by the Senate who serve for three-year terms. Appointees can be appointed to serve consecutive terms. The parole board's stated mission is, "to increase public safety by evaluating an individual’s potential for successful reintegration to the community through the use of innovative evidence informed practices."

Colorado prison and parole populations

The following chart shows the state's parole and prison population statistics since 2001:

Path to the ballot

See also: Laws governing the initiative process in Colorado

The state process

In Colorado, the number of signatures required to qualify an initiated state statute for the ballot is equal to 5 percent of the total number of votes cast for the office of Colorado secretary of state in the preceding general election. State law provides that petitioners have six months to collect signatures after the ballot language and title are finalized. State statutes require a completed signature petition to be filed three months and three weeks before the election at which the measure would appear on the ballot. The Constitution, however, states that the petition must be filed three months before the election at which the measure would appear. The secretary of state generally lists a date that is three months before the election as the filing deadline.

The requirements to get an initiated state statute certified for the 2024 ballot:

• Signatures: 124,238 valid signatures
• Deadline: August 5, 2024

The secretary of state is responsible for signature verification. Verification is conducted through a review of petitions regarding correct form and then a 5 percent random sampling verification. If the sampling projects between 90 percent and 110 percent of required valid signatures, a full check of all signatures is required. If the sampling projects more than 110 percent of the required signatures, the initiative is certified. If less than 90 percent, the initiative fails.

Details about this initiative

• The initiative was filed by Suzanne Taheri and Steven Ward.
• Proponents submitted nearly 200,000 signatures on July 25, 2024.
• The Colorado Secretary of State's office announced on August 22 that the initiative had qualified for the ballot.

Signature gathering cost

See also: Ballot measures cost per required signatures analysis

Sponsors of the measure hired Victors Canvassing to collect signatures for the petition to qualify this measure for the ballot. A total of $1,350,000.00 was spent to collect the 124,238 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $10.87.

How to cast a vote

See also: Voting in Colorado

See below to learn more about current voter registration rules, identification requirements, and poll times in Colorado.

How to vote in Colorado

Poll times

In Colorado, polls are open from 7:00 a.m. to 7:00 p.m. local time for those who choose to vote in person rather than by mail. An individual who is in line at the time polls close must be allowed to vote.

Registration

Check your voter registration status here.

In Colorado, an individual can pre-register to vote if they are at least 15 years old. Voters must be at least 18 years old to vote in any election. A voter must be a citizen of the United States and have established residence in Colorado to vote.

Colorado voters can register to vote through Election Day. However, in order to automatically receive a absentee/mail-in ballot, a voter must register online, through the mail, at a voter registration agency, or driver's license examination facility at least eight days prior to Election Day. A voter that registers through a voter registration drive must submit their application no later than 22 days before the election to automatically receive an absentee/mail-in ballot. A voter can register online or submit a form in person or by fax, email, or mail.

Automatic registration

See also: Automatic voter registration

Colorado automatically registers eligible individuals to vote through the Department of Motor Vehicles and certain other state agencies.

Online registration

See also: Online voter registration

Colorado has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

See also: Same-day voter registration

Colorado allows same-day voter registration for individuals who vote in person.

Residency requirements

Colorado law requires 22 days of residency in the state before a person may vote.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Colorado does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury.

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The site Go Vote Colorado, run by the Colorado Secretary of State office, allows residents to check their voter registration status online.

Voter ID requirements

Colorado requires voters to present non-photo identification when voting in person. If voting by mail for the first, a voter may also need to return a photocopy of his or her identification with their mail-in ballot. Click here for more information.

The following list of accepted forms of identification was current as of August 2025. Click here for the most current information, sourced directly from the Office of the Colorado Secretary of State.

“

The following documents are acceptable forms of identification: A valid Colorado driver’s license or valid identification card issued by the Colorado Department of Revenue. (Note: documents issued to not lawfully present and temporarily lawfully present individuals under Part 5 of Article 2 of Title 42, C.R.S. are not acceptable forms of identification.) A valid U.S. passport. A valid employee identification card with a photograph of the eligible elector issued by any branch, department, agency, or entity of the U.S. government or of Colorado, or by any county, municipality, board, authority, or other political subdivision of Colorado. A valid pilot’s license issued by the federal aviation administration or other authorized agency of the U.S. A valid U.S. military identification card with a photograph of the eligible elector. A copy of a current (within the last 60 days) utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the elector. A Certificate of Degree of Indian or Alaskan Native Blood. A valid Medicare or Medicaid card issued by the Centers for Medicare and Medicaid Services. A certified copy of a U.S. birth certificate for the elector. Certified documentation of naturalization. A valid student identification card with a photograph of the eligible elector issued by an institute of higher education in Colorado, as defined in section 23-3.1-102(5), C.R.S.. A valid veteran identification card issued by the U.S. department of veterans affairs veterans health administration with a photograph of the eligible elector. A valid identification card issued by a federally recognized tribal government certifying tribal membership. Any form of identification listed above that shows your address must show a Colorado address to qualify as an acceptable form of identification. The following documents are also considered acceptable forms of identification for voting: Verification that a voter is a resident of a group residential facility, as defined in section 1-1-104(18.5), C.R.S. Verification that a voter is a person committed to the department of human services and confined and eligible to register and vote shall be considered sufficient identification of such person for the purposes of section 1-2-210.5, C.R.S. Written correspondence from the county sheriff or his or her designee to the county clerk indicating that a voter is confined in a county jail or detention facility.

”

• Note: SB 1, signed into law on May 12, 2025, specified that tribal IDs issued by the Bureau of Indian Affairs, the Indian Health Service, or another federal agency were also valid identification.

See also

2024 measures

• 2024 ballot measures
• Civil and criminal trials on the ballot
• 2024 petition deadlines

Colorado

• Colorado ballot measures
• Colorado initiative laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls
• Ballot measure signature costs

External links

• Colorado Secretary of State Initiative Filings