R Street Testimony In Support of Colorado Senate Bill 26-115, Post-Conviction Relief for Certain Offenders

Testimony from:
Logan Seacrest, Resident Fellow, Criminal Justice and Civil Liberties, R Street Institute

In SUPPORT of Senate Bill 26-115, “Post-Conviction Relief for Certain Offenders”

February 25, 2026

Senate Judiciary Committee

Chair Weissman, Vice-Chair Roberts, and members of the committee,

My name is Logan Seacrest, and I am a resident fellow on the Criminal Justice and Civil Liberties team at the R Street Institute, a nonprofit, nonpartisan public policy research organization. Our mission is to engage in policy research and outreach to promote free markets and limited, effective government. This is why Senate Bill 26-115 is of special interest to us.

SB 26-115 would allow for a resentencing petition if the incarcerated individual committed the offense before the age of 21 and has served at least 20 years, or if the individual is at least 60 years old and has served at least 20 years. This bill provides a measured pathway to reconsider sentences that no longer serve the interests of justice or taxpayers and has the potential to improve public safety by funneling correctional savings into more effective public safety investments.

The number of incarcerated individuals over the age of 55 grew by 123.4 percent between 2002 and 2022, while the general prison population grew by just 8 percent.[1] According to federal data, prisons with a high concentration of elderly inmates spend roughly five times more per person on medical care than those with younger populations.[2] The fiscal note for SB 26-115 estimates it would reduce state expenditures by hundreds of thousands annually, with the potential for additional long-term savings as prison beds are vacated.[3]

Beyond the savings, the prospect of eventually getting out of prison can serve as a powerful incentive for rehabilitation. Without meaningful hope of release, prisoners have less reason to improve their lives, pursue education, or engage in prison programming. Second look laws provide a “north star” for long-term prisoners, making clear from the outset that prosocial conduct and personal growth can provide a pathway out of prison. This motivates individuals to comply with correctional authorities and invest in themselves, making institutions safer and improving reentry outcomes.[4]

Importantly, SB 26-115 includes robust safeguards and judicial oversight. The petitioner bears the burden of proving they are no longer a danger, and victims are given the opportunity to be heard before any decision is made. For the most serious crimes—including sex offenses, offenses against children, and those resulting in life without parole—no relief is available unless the prosecution approves.

Fortunately, individuals who qualify for review under this bill pose little risk. In Colorado, the three-year recidivism rate for people between the ages of 50 and 59 is just 8 percent. For those between 60 and 69, it drops to 1.3 percent, and for those over 70, it is 0.2 percent.[5] These findings are consistent with what criminologists call the “age-crime curve,” which shows that criminal activity peaks in the late teens and early twenties and drops precipitously after age 35. By the time a person has served 20 or more years in prison, the likelihood of reoffending is negligible.

Keeping cells full of prisoners who no longer pose a meaningful risk to public safety has little benefit for Coloradans, but serious implications for the state correctional budget. SB 26-115 will create a legal mechanism to reconsider expensive and unnecessary sentences, freeing up public funds for public safety solutions with a higher return on investment.

We respectfully ask the committee to pass SB 26-115.

Logan Seacrest
Resident Fellow
Criminal Justice and Civil Liberties
R Street Institute
lseacrest@rstreet.org

[1] Colorado Department of Corrections, “Annual Statistical Report FY 2022-2023,” p. 30. https://cdoc.colorado.gov/annual-statistical-report.

[2] Office of the Inspector General, “The Impact of an Aging Inmate Population on the Federal Bureau of Prisons,” U.S. Department of Justice, May 2015. https://oig.justice.gov/sites/default/files/reports/15-05.pdf.

[3] Legislative Council Staff, “SB 26-115: Post-Conviction Relief for Certain Offenders,” Fiscal Note, Colorado General Assembly, Feb. 23, 2026. https://leg.colorado.gov/bill_files/112520/download

[4] William Bales and Christine Miller, “The Impact of Determinate Sentencing on Prisoner Misconduct,” Journal of Criminal Justice 40:5, September 2012, pp. 394–403. https://www.academia.edu/85613945/The_impact_of_determinate_sentencing_on_prisoner_misconduct

[5] Colorado Department of Corrections, “Annual Statistical Report FY 2022-2023,” p. 46. https://cdoc.colorado.gov/annual-statistical-report.