Logan Seacrest, a resident fellow at the R Street Institute, testified before the Colorado Senate Judiciary Committee in support of Senate Bill 26-115. The bill would allow certain incarcerated individuals to petition for resentencing if they committed their offense before age 21 and have served at least 20 years, or if they are at least 60 years old and have served at least 20 years.
Seacrest stated that SB 26-115 “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.”
He cited data from the Colorado Department of Corrections showing that between 2002 and 2022, the number of incarcerated people over age 55 increased by over 123 percent, while the overall prison population grew by only eight percent. Facilities with older inmates spend about five times more per person on medical care compared to those with younger populations, according to a report from the U.S. Department of Justice’s Office of the Inspector General (https://oig.justice.gov/sites/default/files/reports/15-05.pdf). The fiscal note for SB 26-115 projects annual state expenditure reductions in the hundreds of thousands of dollars, with possible further long-term savings as prison beds become available (https://leg.colorado.gov/bill_files/112520/download).
Seacrest argued that giving prisoners hope for release can encourage rehabilitation. He said, “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.” He added this could make institutions safer and improve outcomes when people reenter society.
The bill includes several safeguards. Petitioners must prove they are no longer dangerous, victims can give input before decisions are made, and relief is not available for serious crimes such as sex offenses or offenses against children unless prosecutors approve.
According to Seacrest, individuals eligible under this proposal pose little risk to public safety. He referenced recidivism rates published by the Colorado Department of Corrections: among those aged 50–59 it is eight percent; among those aged 60–69 it drops to just over one percent; and among those over age 70 it is two-tenths of one percent (https://cdoc.colorado.gov/annual-statistical-report). Criminological research shows criminal activity peaks in late adolescence and declines sharply after age 35.
“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,” Seacrest said. “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.”
Seacrest concluded his testimony by urging lawmakers to pass SB 26-115.
