Scott's Sheet

Colorado Prison ‘Capacity’ Is a PowerPoint, Not Public Safety

Watercolor of a county jail and distant state prison in Colorado with empty bunks visible and a lone guard silhouette
If it’s unfunded, it’s not “capacity.”
Written by Scott K. James

DOC is nearing capacity, but “unfunded beds” are not real beds. When the state cannot take inmates, counties become the overflow lot and eat the cost.

Colorado has a crime problem. You do not need a PhD or a “community safety stakeholder convening” to see it. You just need eyes, a smartphone, and a sheriff who is sick of explaining to victims why the system is moving like a sloth in wet cement.

So imagine my reaction when I read yet another story out of the Capitol that boils down to this: crime is up, prisons are full, and some of the same folks who spent the last few years lecturing the rest of us about “over-criminalization” are now getting squishy about consequences because, whoops, the numbers are inconvenient. Narrative first, truth if there’s room.

This Colorado Politics piece lays it out pretty plainly. The Department of Corrections is on track to exceed capacity within the next year, driven by a slowdown in parole releases, staffing shortages, and an aging inmate population, all while lawmakers stare at a major general fund shortfall.

That is the “state level” version.

Here is the county version, the Weld County version, the version that actually hits your property taxes and your jail staff’s blood pressure: when DOC cannot take state inmates, they do not disappear. They sit in county jails.

Counties become the state’s overflow lot.

And the overflow lot does not come with a state credit card.

Let’s talk about the word they keep using: “capacity.”

Most people hear “capacity” and picture bunks. Beds. Concrete and cinderblock. If there are 1,000 beds, you can hold 1,000 people. Simple, right?

Not even close.

The article drops a little truth bomb that should be on a billboard outside the Capitol: DOC had 914 male prison beds “available,” but they were “unfunded,” meaning the beds were vacant, and there was no staff to supervise inmates.

Translation for regular humans: those are not real beds. Those are a PowerPoint. A bed without staff is a liability. A lawsuit with a mattress. A safety incident waiting for the right bad day.

And staffing is not some minor detail. The same story includes an inmate describing how educators, case managers, and auxiliary staff have been pulled from their actual jobs to work security posts, because the staffing crisis is so severe. That is not “rehabilitation.” That is triage. That is “everybody grab a bucket” while the boat is already taking on water.

DOC even admits it is doing an “all-hands” approach at times to cover facility operations. Again, translation: they are stretched thin.

So when legislators and advocacy groups argue about “beds,” I want to ask a basic question.

Who is paying for the thing you are claiming exists?

Because in government, if it is not funded, it is not real. It is either a future tax increase, a future budget cut, or a problem you are quietly pushing onto someone else.

Now, layer in the “capacity trigger” system. The story notes the prison population management law from 2018 requires DOC to notify a long list of players when the prison vacancy rate falls below 3%. That happened Aug. 16, 2025, when the rate was 1.92%, and it has stayed below 3% since.

So what does the system do when it hits that trigger?

It starts looking for “a way out.” And the way out being discussed is not “build and staff what we need.” The way out is “get more people out faster,” “use community corrections,” “reduce returns for technical parole violations,” and “expedite parole reviews.”

Let me be really clear. We can have a good-faith conversation about technical violations. There are cases where bureaucracy becomes a trap. I get it.

But this is not happening in a vacuum. This is happening at the same time the public is watching crime and disorder, and at the same time the state admits the prison system is strained, parole is backed up, and staffing is a mess.

That is not the moment to get cute.

Then we get to the part of the article that made my eye twitch. The quote from Christie Donner, head of the Colorado Commission for Justice Reform Coalition. Her organization views the criminal justice system as “overused” and the last four decades as “over-criminalized.” They push for more reentry spending and “parole reforms” that reduce how much time someone can go back to prison on a technical parole violation.

Here’s my issue with that framing: it treats incarceration like it is a vibe problem. Like the main issue is that we just have too many people in the system because we are mean.

No. The main issue is that we have too many offenders because we have too much offending.

And when the state decides to “manage the population” by moving bodies around the chessboard, the counties are the ones who get stuck holding the pieces.

The story admits community corrections has beds, and lawmakers point to hundreds of them, including a Feb. 10 estimate listing 466 residential and 252 non-residential beds. But then it hits the real question: are those beds funded and staffed, and can the facilities choose who they take?

Answer: yes, they can be choosy.

So, once again, the “solution” is not actually a solution. It is a suggestion. It is a hope. It is a press release with legs.

Meanwhile, DOC costs about $57,000 per year per inmate to house, according to the story. And the state is dealing with massive budget pressure, with lawmakers juggling priorities and an $800 million shortfall.

Here’s where the Weld County lens kicks in.

When the state is broke, it does what broke governments always do. It tries to offload obligations while keeping the moral credit. Counties get the bill. Counties get the crowding. Counties get the staffing squeeze. Counties get the angry phone calls. Counties get the risk.

And then the same people who made the policy choices say, “We need a working group.”

No thanks. We need functioning government.

The Joint Budget Committee chair is quoted saying: if people are assigned to DOC, it is the state’s obligation to house them. That is correct. That is the whole sentence. Full stop.

If the state wants fewer people in prison, then write the laws honestly and own the consequences honestly. Do not create a manufactured definition of “capacity” where “beds exist” but are “unfunded,” and then act like early release is the only moral option.

If the state wants to run a softer system, then do not shove the hard parts onto counties and pretend that’s “reform.” That is not reform. That is cost shifting with better branding.

And if we are serious about public safety, we need to stop treating prisons like they are the problem and start treating criminal behavior like it is the problem.

Because from where I sit, this all looks like the same playbook: talk compassion, cut accountability, and send the invoice to the counties.

Weld County didn’t vote for that. We didn’t budget for that. And we are not going to pretend it’s normal.

You want a safer Colorado. Fund the beds that actually exist. Staff them. Stop using counties as the state’s overflow valve. And stop telling victims they have to accept less justice because the Capitol can’t do math.

About the author

Scott K. James

A 4th generation Northern Colorado native, Scott K. James is a veteran broadcaster, professional communicator, and principled leader. Widely recognized for his thoughtful, common-sense approach to addressing issues that affect families, businesses, and communities, Scott, his wife, Julie, and son, Jack, call Johnstown, Colorado, home. A former mayor of Johnstown, James is a staunch defender of the Constitution and the rule of law, the free market, and the power of the individual. Scott has delighted in a lifetime of public service and continues that service as a Weld County Commissioner representing District 2.

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