The Colorado Legislature’s Joint Budget Committee (JBC) has approved a new funding request from the Colorado Department of Corrections (CDOC) to the tune of $2.8 million, aimed at adding 153 private prison beds.
This decision came through a contentious 4-2 vote, reflecting a growing divide over how to address the state’s increasing prison population.
While CDOC is seeking this additional funding, they are simultaneously required to take steps to reduce their inmate numbers based on a 2018 law.
For the first time since the law’s enactment, state prisons triggered this provision due to a vacancy rate dropping below 3% for more than 30 consecutive days.
The new budget request has not gone uncontested; criminal justice reform advocates and Democratic leaders from the state House and Senate judiciary committees expressed their disapproval in a letter to the JBC earlier this month.
The advocates, led by the Colorado Criminal Justice Reform Coalition (CCJRC) and bolstered by a coalition of 72 other organizations, pointed out that CDOC’s request fails to address the department’s responsibility in driving prison bed demand.
The letter argued for closer scrutiny of CDOC’s efforts to manage its population efficiently before any new funding is allocated for more prison beds.
Christie Donner, executive director of the CCJRC, lamented that legislators did not critically question the department’s management practices.
Recent audits have pointed out opportunities for the department to improve efficiency and practices related to budgeting and security classification systems.
Donner emphasized that lawmakers should hold CDOC to a higher standard and not simply approve funding for more beds.
According to her, the department ironically benefits financially when its performance declines, as they receive more funds in response to increased demand.
The CCJRC-led letter also called for an independent review of CDOC’s policies regarding the transitions of inmates into parole and community reintegration.
Donner cited that there’s significant inefficiency in the process, such as inmates attending parole board hearings without having a confirmed parole plan.
Furthermore, she noted that as the prisoner population rises, funding for rehabilitation programs does not increase correspondingly, thus limiting the department’s capacity for inmate development.
The Judiciary Committee echoed these concerns in their letter, advocating against the budget request.
They suggested giving current population management measures more time to produce results before allocating unbudgeted tax dollars for additional prison beds.
This is especially pressing given the state’s severe fiscal constraints.
It was also noted that CDOC should better utilize community corrections beds and reform its inmate classification system, as there are often vacancies in less secure facilities.
Members of the JBC shared similar sentiments, indicating they did not want the new beds to be used merely to manipulate vacancy rates.
Sen. Jeff Bridges, a Democrat from Arapahoe County, Rep. Shannon Bird, a Democrat from Westminster, Sen. Barbara Kirkmeyer, a Republican from Weld County, and Rep. Rick Taggart, a Republican from Grand Junction, supported the request.
Conversely, Sen. Judy Amanile, a Democrat from Boulder, and Rep. Emily Sirota, a Democrat from Denver, voted against it.
Amabile expressed her concern about the ongoing approval of additional beds, suggesting that it reduces the pressure for necessary reforms in the system.
She emphasized that while public safety is paramount, efforts should be directed towards rehabilitating individuals and preparing those eligible for release to reintegrate successfully into society.
Highlighting the financial strain of housing older and ill inmates, Amabile pointed out that transitioning these individuals into nursing homes could save taxpayer funds, as their healthcare could then be covered through Medicaid or Medicare.
The state’s sex offender treatment program is currently facing significant wait times, further complicating the corrections landscape.
Many inmates remain incarcerated, eligible for parole but unable to access the necessary treatment for parole eligibility.
This issue has led to a class action lawsuit regarding the lack of access to these vital programs.
Additionally, Amabile brought attention to the increase in technical parole violations that contribute significantly to the growing prison population, suggesting alternative approaches to handling such violations rather than automatically returning individuals to prison.
According to Donner, parole revocation constitutes the largest driver behind the rising inmate counts in Colorado.
The budgetary decisions come at a time when the state is facing significant financial challenges due to soaring program costs and an economic downturn.
The federal tax cuts and spending bill enacted earlier this year have also impacted the state’s income tax revenue.
Funding approved by the JBC is sourced from state reserves and will need to be accounted for in next year’s state budget preparation, which may impact other program funding, such as Medicaid and K-12 education.
Initially, state legislators reduced CDOC’s bed count by 300 in the current fiscal year but subsequently saw multiple requests for additional beds from the department in June and again in September.
Looking ahead, Donner anticipates that CDOC will continue seeking supplemental funding for bed expansions into the next fiscal year’s budget, indicating that this will be a notable issue in the upcoming 2026 legislative session.
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