HB 18-1109 Summary

• Lowers the age threshold for special needs parole eligibility from 60 to 55 years old for inmates diagnosed with chronic infirmities, illnesses, or mental health disorders determined to pose no risk to public safety.

• Adds a new category of special needs offender: those determined by a licensed health care provider to have no substantial probability of being restored to competency for sentence completion and who pose no risk to public safety.

• Requires the state board of parole to suspend proceedings and notify the trial court if a parole board member has substantial reason to believe an offender is incompetent to proceed, with the court determining competency and appointing counsel for the offender.

• Establishes that parole board may only deny special needs parole by majority vote upon finding that granting parole would create a threat to public safety and the offender is likely to commit an offense.

• Sets special needs parole duration between 6 and 36 months, capped at the lesser of the offender's otherwise-imposed parole period or 36 months.