Colorado voters Tuesday approved Proposition 128, which requires people convicted of certain violent crimes to serve at least 85% of their prison sentence before becoming eligible for parole.
At 8:53 p.m., when The Associated Press called the race, 62% of the counted votes were in favor of the measure, while 37% were opposed.
Under the measure, a person convicted of certain violent crimes — second-degree murder, first-degree assault, kidnapping, sexual assault, arson, burglary or aggravated robbery — must serve at least 85% of their prison sentence before they become eligible for parole.
It also prevents them from being eligible for good-behavior or other reductions in their prison sentence until they have served 85% of their sentence. Under current law, prisoners can gain “earned time” that reduces a person’s time behind bars 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.
Proposition 128 also makes it so that people convicted of those violent offenses committed after July 1, 2025, are ineligible for parole or earned-timed reductions if they have been twice-previously convicted of a crime of violence.
Proposition 128 was spearheaded by a conservative group and required a majority of voter support to pass. Supporters said the measure would improve public safety, while people who opposed the measure called it “misguided,” arguing that it would not necessarily deter crime and would worsen overcrowding at the state’s prisons.
About 220 people per year are sentenced to prison for violent crimes and they are currently serving an average of 23 years in prison, according to Colorado Legislative Council staff.
Nonpartisan state analysts estimate the measure would initially increase state spending by about $12,000 to cover a one-time computer update to the Department of Corrections case management system.
Then, in about 20 years, the measure would increase spending by between $12 million and $28 million per year due to the longer prison sentences people convicted of violent crimes would have to serve. The estimate is based on the current costs and average length of stay for people inside state prisons. Actual costs will likely increase with inflation and depend on offender behavior and decisions by the State Board of Parole.