Proposition 128: The Parole Eligibility Initiative

*Some information from Ballotopedia:

Proposition 128 (full text, PDF) would change requirements to be eligible for parole for people convicted of specific violent crimes like second-degree murder, first-degree assault, first-degree kidnapping, first or second-degree sexual assault, first-degree arson, first-degree burglary, and aggravated robbery.

Currently in Colorado, a person convicted of certain violent crimes can apply for parole after serving 75% of their sentence, and their sentences can be reduced further by time earned for good behavior.

Under Prop. 128, people who commit crimes like this on or after January 1, 2025, would be required to serve 85% of their sentence before being eligible for parole, and earned time for good behavior could not be used to reduce the sentence.

For crimes committed prior to January 1, 2025, any person with two prior violent criminal convictions would be eligible for parole after serving their full sentence, minus any earned time off the sentence.

For crimes committed after January 1, 2025, people who have two prior violent criminal convictions could apply for parole after serving their full sentence, without consideration of any earned time.

What it would cost:

According to the Colorado Sun, “Nonpartisan analysts at the Colorado Capitol say the measure, if passed, would eventually increase state spending on prisons by up to $28 million/year because more offenders would be incarcerated for longer periods. The analysts said it currently costs $56,972 per year to house someone in a state-run prison and $8,387 per year to supervise an offender on parole.”

Argument for:

“Proposition 128 keeps people convicted of crimes of violence in prison for a longer period of time in an effort to increase public safety and ensure that justice is served. People who commit these dangerous crimes should be kept away from their victims and the community without opportunities for discretionary parole or earned time. Victims and their family members deserve the sense of security that prolonged periods of incarceration will provide.” [Source: Colorado State Ballot Information Book (pdf)]

Argument against:

“Proposition 128 removes the opportunity for convicted people to achieve earned time, giving them less incentive to comply with prison rules or take advantage of rehabilitation opportunities offered in prison. The prison population will grow, which will increase costs and require additional staff when many prisons are already short-staffed and have difficulty recruiting and retaining employees. Finally, there is no evidence that the measure will reduce crime rates.” [Source: Colorado State Ballot Information Book (pdf)]

The ACLU says that while this measure is being promoted as a “tough on crime” initiative, it won’t reduce crime. It will just increase taxpayer expenses by keeping criminals in prison longer, jeopardizing “good behavior” initiatives in prisons and delay the earned time credit, which incentivizes incarcerated people to participate in education, mental health, and other rehabilitation programs while in prison.

Who sponsored it and who is backing it:

Proposition 128 was sponsored by Advance Colorado, a right wing group described by the Colorado Times Recorder as “Colorado’s most prominent dark-money group.” Dark money groups, also known as 501(c)(4) groups, are not required to disclose their funders, but the Times Recorder reported that Advance Colorado is funded by wealthy conservative activist and oil and gas magnate Phil Anschutz, who is the wealthiest person in Colorado. Advance Colorado’s Executive Vice President is Kristi Burton Brown, former Chair of the Colorado Republican Party. Brown is also an attorney and worked on pro-bono projects for the Life Legal Defense Foundation, an organization that promotes forced pregnancy. She’s also done pro bono work for the Alliance Defending Freedom (ADF), a religious legal organization founded by leaders of the Christian right, including James Dobson of Focus on the Family. The ADF defends state-sanctioned sterilization of trans people abroad, maintains that LGBTQ people are more likely to engage in pedophilia and claims that a “homosexual agenda” will destroy Christianity and society. The ADF also promotes “religious liberty” legislation and brings lawsuits that help business owners refuse to provide goods and services to LGBTQ people based on the business owners’ religion. ADF brought the Masterpiece Cake Shop vs. Colorado Civil Rights Commission lawsuit on behalf of a cake baker who didn’t want to make a wedding cake for a gay couple.

Who’s against it:

Prop. 128 is opposed by the American Civil Liberties Union and the Colorado Criminal Justice Reform Coalition, which says, “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.”

Recommended vote on Prop. 128: NO