Colorado voters will decide in the November election whether to extend the effective length of prison sentences for people convicted of certain violent offenses.
Proposition 128 is one of two criminal justice-related measures on the state ballot, with the other, Proposition 130, requiring the state to set aside $350 million in new law enforcement funding. Both are backed by the conservative advocacy group Advance Colorado, which pitches them broadly as efforts to improve public safety.
Because Prop. 128 would change state law, it needs a simple majority of voter support to pass.
What does Proposition 128 do if passed?
Under current law, prisoners must serve 75% of their sentences, and that time can be reduced based on an offender’s record of good behavior. Prop 128 would require people convicted of certain violent offenses after Jan. 1, 2025, to serve 85% of their sentences before they can become eligible for parole or good-time reductions.
Prop 128 would apply to people convicted of second-degree murder, first- or second-degree sexual assault, aggravated robbery, first-degree assault, kidnapping, first-degree arson and first-degree burglary.
The measure would also require a person convicted of a third or subsequent violent offense to serve out their entire sentence, without the possibility of earned time or discretionary parole.
How much would it cost?
If voters pass the measure, state analysts estimate it would affect roughly 220 prison sentences annually. The state’s Blue Book voter guide projects that most of the financial impact would come in about 20 years, when the longer time served by some inmates would add to the prison population. At that time, state spending on prisons would increase by an estimated $12 million to $28 million, state analysts found.
What do supporters say?
Prop 128’s supporters argue the measure would improve public safety and ensure people convicted of violent crimes serve time that is closer to their actual, full sentence. Some refer to the measure as a “truth in sentencing” law. They also argue that lengthier sentences will help protect victims for longer periods of time.
What do opponents say?
Prop 128’s critics contend that there’s no evidence linking longer prison sentences to improved public safety or reduced recidivism rates. They argue that requiring longer sentences served will reduce the incentive for prisoners to obey prison rules or take advantage of prison services. They also note that the measure will increase the prison population and eventually require more funding for the Department of Corrections, the budget for which has already surpassed $1 billion.
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