Colorado Voters Pass Two “Tough-on-Crime” Measures into Law

On November 5, 2024, Colorado voters passed Amendment I and Proposition 128 into law. Amendment I strengthens the law related to posting bail in first degree murder cases. Proposition 128 toughens the law applicable to parole eligibility for violent crimes. This article summarizes the history and content of these laws and what individuals can expect now that these ballot measures have passed.

Amendment I

Generally, a person accused of a crime in Colorado has the right to bail out of county jail while awaiting trial. Prior to 2020, there was, however, an exception to that rule. In first-degree murder cases in which the death penalty could be sought, a judge could preclude a person from posting bail where the “proof is evident and the presumption is great” that the person committed the crime following an evidentiary hearing on the issue. In 2020, lawmakers abolished Colorado’s death penalty and in 2023, the Colorado Supreme Court ruled that a judge no longer had the ability to deny a person charged with first-degree murder the right to bail out of county jail prior to trial.

In 2024, the Colorado Legislature referred Amendment I to the Colorado Constitution to the people, placing the measure on the ballot and it passed. Amendment I reinstates the former rule allowing a judge to preclude a person accused of first-degree murder from posting bail where the “proof is evident and the presumption is great” that the person committed the crime following a hearing on the issue.