Colorado § 17-33-102 - Colorado offender identification program - rules - report - fee waiver - definitions.

§ 17-33-102. Colorado offender identification program - rules - report - fee waiver - definitions.

(1) As used in this section, unless the context otherwise requires:

(a) "Offender ID bank" means the facility in the department where the department securely stores offender identification documents it has acquired.

(b) "Program" means the program established in this section to procure state-issued identification cards for offenders.

(c) "State-issued identification card" means a driver's license or other identification card issued by the department of revenue pursuant to article 2 of title 42 that complies with the federal "Real ID Act of 2005", 49 U.S.C. sec. 30301 note.

(2) (a) The department shall establish and operate a program to procure state-issued identification cards for offenders.

(b) [Editor's note: This version of subsection (2)(b) is effective until January 1, 2027.] An offender may participate in the program if the offender is eligible for, but does not have, a valid state-issued identification card. An offender may elect not to participate in the program, but the department shall not deny an eligible offender the opportunity to participate in the program.

(b) [Editor's note: This version of subsection (2)(b) is effective January 1, 2027.]

(I) An offender shall participate in the program if the offender is eligible for, but does not have, a valid state-issued identification card; except that an offender may affirmatively elect not to participate in the program.

(II) In order to opt out of participating in the program, an offender must affirmatively notify the department that they elect to not participate in the program. The department shall ask the offender one hundred and eighty days before the offender's release to confirm the offender does not want to participate in the program. If the offender affirmatively opts back into the program, the department shall begin the process to obtain identification documents to prepare for release.

(c) [Editor's note: This version of subsection (2)(c) is effective until January 1, 2027.] The department shall ensure that each offender released from a correctional facility on and after January 1, 2022, who is eligible for a state-issued identification card and who participates in the program, has a state-issued identification card upon release.

(c) [Editor's note: This version of subsection (2)(c) is effective January 1, 2027.] The department shall ensure that each offender released from a correctional facility who is eligible for a state-issued identification card and who participates in the program has a state-issued identification card upon release.

(d) [Editor's note: This version of subsection (2)(d) is effective until January 1, 2027.] The department shall collaborate with the department of revenue to operate the program.

(d) [Editor's note: This version of subsection (2)(d) is effective January 1, 2027.] The department shall collaborate with the department of revenue and the department of public health and environment to operate the program.

(e) The executive director shall enter into agreements with the department of revenue or the federal social security administration as necessary for the administration of this section.

(3) The program must:

(a) Review each offender upon intake at the Denver reception and diagnostic center to determine each offender's eligibility for a state-issued identification card and the identification options available to the offender;

(b) [Editor's note: This version of subsection (3)(b) is effective until January 1, 2027.] At least once each year, review department records to determine whether each offender scheduled for release within the next five years has a valid, unexpired state-issued identification card, including at the offender ID bank; and

(b) [Editor's note: This version of subsection (3)(b) is effective January 1, 2027.] At least once each year, review department records to determine whether each offender scheduled for release within the next five years has a valid, unexpired state-issued identification card, including at the offender ID bank;

(c) [Editor's note: This version of the introductory portion to subsection (3)(c) is effective until January 1, 2027.] Assist an offender who elects to participate in the program with obtaining a state-issued identification card. The assistance may include, but is not limited to:

(c) [Editor's note: This version of the introductory portion to subsection (3)(c) is effective January 1, 2027.] Assist an offender who participates in the program with obtaining a state-issued identification card. The assistance may include, but is not limited to:

(I) Providing transportation to an office that issues identification cards, its location selected by the department;

(II) Requesting necessary identification documents on the offender's behalf from the offender ID bank;

(III) If the offender is eligible, assisting the offender with ordering a state-issued identification card online; and

(IV) Assisting an offender with obtaining any identification documents necessary to obtain a state-issued identification card, including a replacement social security card or birth certificate.

(4) The department shall deliver to each offender, upon release from a correctional facility, the offender's identification documents, including a state-issued identification card, obtained by the department pursuant to this section.

(5) The department shall promulgate rules or policies necessary for the administration of the program.

(6) On or before July 31, 2022, and on or before July 31 of each year thereafter, the department shall post on a publicly available page of its website the following information about the program:

(a) The number of offenders released from a correctional facility in the preceding calendar year who were identified by the program as not having a state-issued identification card and were eligible to participate in the program; and

(b) The number of offenders who elected to participate in the program and were released with state-issued identification cards obtained with the assistance of the program.

(7) [Editor's note: Subsection (7) is effective January 1, 2027.] By September 15, 2027, and by each September 15 thereafter, the department shall provide to the house of representatives judiciary committee and the senate judiciary committee, or their successor committees, a report that includes the following:

(a) The number and percentage of offenders released with a valid state-issued identification card, birth certificate, and social security card in the preceding fiscal year;

(b) The number and percentage of offenders who participated in the program and are deemed ineligible for a state-issued identification card, birth certificate, and social security card in the preceding fiscal year and the reason for ineligibility; and

(c) An explanation of barriers and challenges to obtaining identification documents for offenders in the preceding fiscal year.

(8) [Editor's note: Subsection (8) is effective January 1, 2027.] The department shall not charge a fee to an offender during the process of securing an offender's identification documents. Any fee incurred by the department paid in advance to the department of revenue or the department of public health and environment during the process of securing an offender's identification document may only be charged to the offender after the offender has been released from custody and may be consolidated with any existing restitution, fees, or other legal financial obligations owed by the offender. This includes any fee paid by the department to the department of revenue or the department of public health and environment to the federal social security administration.

Source: L. 2021: Entire section added, (SB 21-153), ch. 101, p. 404, § 1, effective September 7. L. 2026: (2)(b), (2)(c), (2)(d), (3)(b), and IP(3)(c) amended and (7) and (8) added, (HB 26-1256), ch. 338, p. 2055, § 3, effective January 1, 2027.

Editor's note: Section 5(2) of chapter 338 (HB 26-1256), Session Laws of Colorado 2026, provides that the act changing this section applies to all individuals released from custody on or after January 1, 2027.

Cross references: For the legislative declaration in HB 26-1256, see section 1 of chapter 338, Session Laws of Colorado 2026.