C.R.S. § 17-22.5-403.5 — CO Code / Title 17 / Article 22.5 / Part 4 / Section 17-22.5-403.5
17-22.5-403.5. Special needs parole
Status: repealed

17-22.5-403.5. Special needs parole. (1) Notwithstanding any provision of law to the contrary, a special needs offender, as defined in section 17-1-102 (7.5)(a), may be eligible for parole prior to or after the offender's parole eligibility date pursuant to this section if:

(a) The department determines that the inmate is a special needs offender; and

(b) The state board of parole determines that the special needs offender is not likely to pose a risk to public safety and approves a special needs parole plan that ensures appropriate supervision of and continuity of medical care for the special needs offender.

(2) This section shall apply to any inmate applying for parole on or after July 1, 2001, regardless of when the inmate was sentenced. The provisions of this section shall not affect the length of the parole period to which a special needs offender would otherwise be subject.

(3) (a) The department is responsible for identifying inmates who are special needs offenders and shall submit a referral to the state board of parole for all special needs offenders. If notification to the district attorney is required pursuant to subsection (3)(c)(II) of this section, the inmate shall authorize the department to release the information described in subsections (3)(b)(I) and (3)(b)(I.5) of this section to the district attorney. An inmate or inmate liaison, if the inmate is unable to, may also request that the department make a determination of whether an inmate is eligible for special needs parole and the department shall make a determination within thirty days after receiving the request, unless a competency evaluation has been requested. The department, in consultation with the state board of parole, shall develop any necessary policies and procedures regarding special needs parole to ensure that:

(I) Roles and responsibilities of employees and any contractors involved in special needs parole are clearly defined, employees and any contractors are adequately trained, and performance measures are developed;

(II) Any inmate who is a special needs offender is identified in a timely manner at any point in the inmate's term of incarceration;

(III) Adequate tracking and quality assurance processes are in place so that referrals and any re-referrals, if applicable, are complete and submitted to the parole board in a timely manner;

(IV) Formal mechanisms are in place to facilitate effective communication between the department and the parole board, including but not limited to timely responses from the department to requests from the parole board for additional information or for a revised parole plan prior to the parole board's decision or the conditions under which the parole board would consider a second or subsequent referral for special needs parole, if applicable; and

(V) Data collection and data sharing between the department and the parole board are adequate to actively monitor the status of referrals and parole board decisions on a regular basis.

(b) If an inmate meets the eligibility requirements pursuant to section 17-1-102, the department shall submit a referral to the board that, in addition to the requirements of section 17-22.5-404 (4)(a), shall include:

(I) A summary of the inmate's medical, physical, or mental condition, including any diagnosis;

(I.5) Criminal history; risk and needs assessment scores; institutional disciplinary history; work history; an inmate's participation in any programs, treatment, vocational training, or education; and other relevant information regarding risk and risk-reduction factors and any additional relevant information that is requested by the parole board that is in the possession of the department;

(II) The details of a special needs parole plan recommended by the department;

(III) A statement by the inmate or inmate liaison if the inmate is unable to submit a statement; and

(IV) A victim impact statement and response from the district attorney that prosecuted the offender, if received pursuant to subsection (3)(c) of this section.

(b.5) The department shall provide a copy of the referral packet submitted to the parole board to the inmate or inmate liaison, except for the victim impact statement and response from the district attorney. The inmate or inmate liaison has thirty calendar days to submit additional health records or other relevant information not included in the referral packet to the department for submission to the parole board prior to the parole board's decision.

(c) (I) If the department determines the inmate is a special needs offender, the department shall provide notification to any victim, as required pursuant to section 24-4.1-302.5. A victim shall have thirty days after receiving notification to submit a victim impact statement to the department. The department shall include any victim impact statement in the referral to the state board of parole.

(II) At the same time that the department completes the notification required by subsection (3)(c)(I) of this section, the department shall notify and provide information required by subsections (3)(b)(I) and (3)(b)(I.5) of this section to the district attorney that prosecuted the offender if the offender is serving a sentence for a conviction of a crime of violence as described in section 18-1.3-406, or a sex offense as listed in section 16-22-102 (9)(j), (9)(k), (9)(l), (9)(n), (9)(o), (9)(p), (9)(q), (9)(r), or (9)(s). A district attorney shall have thirty days after receiving notification to submit a response to the department. The department shall include any district attorney response in the referral to the state board of parole.

(4) (a) The state board of parole shall consider an inmate for special needs parole upon referral by the department.

(b) The state board of parole shall make a determination of the risk of reoffense that the inmate poses after considering the factors in section 17-22.5-404 (4)(a), as well as the nature and severity of the inmate's medical or physical condition, the age of the inmate, the ability of the department to adequately provide necessary medical or behavioral health treatment, the inmate's risk and needs assessment scores, the nature and severity of the offense for which the inmate is currently incarcerated, the inmate's criminal history, the inmate's institutional conduct, program and treatment participation, and other relevant risk and risk-reduction factors.

(c) The state board of parole may schedule a hearing on the application for special needs parole with the inmate present, or the board may review the application and issue a decision without a hearing, pursuant to section 17-2-201 (4)(f).

(d) The state board of parole shall make a determination of whether to grant special needs parole within thirty calendar days after receiving the referral from the department. The parole board may delay the decision in order to request that the department modify the special needs parole plan. The parole board shall not deny parole based solely on the lack of a recommended parole plan. If the parole board considers an inmate to be an appropriate candidate for release except for the lack of a recommended parole plan, the parole board shall delay the release hearing decision or render a conditional release decision and request that the department submit a revised parole plan within thirty calendar days. If the parole board denies parole, it may inform the department that the inmate should not be referred for a second or subsequent application for special needs parole unless the inmate's medical or mental health status further deteriorates.

(e) The department shall provide a monthly report, by facility, the number of special needs parole applications submitted to the parole board, the decision by the parole board, how many applications are pending, the average length of time the decision has been pending, and the general reason for delaying the decision if that is known to the department. The information must be provided both for the reporting month and year to date.

(f) If, prior to or during any parole hearing, the department or any member of the parole board has a substantial and good-faith reason to believe that the offender is incompetent to proceed, as defined in section 16-8.5-101 (12), the parole board shall suspend all proceedings and notify the public defender liaison described in section 21-1-104 (6). The office of state public defender shall be appointed by the court to represent the inmate and shall file a written motion with the trial court that imposed the sentence to determine competency. The motion must contain a certificate of counsel stating that the motion is based on a good-faith belief that the inmate is incompetent to proceed. The motion must set forth the specific facts that have formed the basis for the motion. The court shall seal the motion. The court shall follow all the relevant procedures in article 8.5 of title 16 regarding the determination of competency. The presence of the inmate is not required unless there is good cause shown.

(g) A denial of special needs parole by the state board of parole does not affect an inmate's eligibility for any other form of parole or release under applicable law.

(4.5) If an offender is determined to be incompetent to proceed pursuant to subsection (4) of this section, the court may order the department to provide or arrange for the delivery of appropriate restoration services in any setting authorized by law, by an order of the court, or by any other action as provided by law, including civil commitment. Nothing in this section requires the department of human services to take physical custody of an offender for restoration services. The department of human services is not responsible for conducting the competency evaluation. If the court determines that there is not a substantial probability of the offender being restored to competency, the department may refer the inmate for special needs parole with a special needs parole plan pursuant to this section and notify the public defender liaison described in section 21-1-104 (6).

(5) The parole board may consider the application for special needs parole pursuant to the proceedings set forth in section 17-2-201 (4)(f) or 17-2-201 (9)(a). The board may deny parole only by a majority vote if the board finds that granting parole would create a threat to public safety and that the offender is likely to commit an offense.

(6) The department shall not have any responsibility for the payment of medical care for any offender upon the offender's release; except that, prior to or upon release, any inmate who is sixty-five years of age or older and has been approved for special needs parole must be enrolled in the most appropriate medical insurance benefit plan including medicare, medicare savings plan, veteran's benefit, or other safety-net health insurance, or an individual health benefit plan prior to or upon release, whichever will offer the more immediate health-care coverage. The department shall pay any insurance premiums and penalties for up to six months from the start of coverage. The department may provide financial assistance for longer than six months if the person is still under the jurisdiction of the department and would otherwise be uninsured or underinsured without that financial assistance.

(7) For any offender who is granted special needs parole pursuant to this section, the state board of parole shall set the length of the parole for an appropriate time period of at least six months but not exceeding thirty-six months. At any time during the offender's parole, the state board of parole may revise the duration of the parole. However, in no case may such an offender be required to serve a period of parole in excess of the period of parole to which he or she would otherwise be sentenced pursuant to section 18-1.3-401 (1)(a)(V)(A), or thirty-six months, whichever is less.

(8) Repealed.
C.R.S. § 17-26-101 — CO Code / Title 17 / Article 26 / Part 1 / Section 17-26-101
17-26-101. Jail in each county
Status: in_force

17-26-101. Jail in each county. There shall be maintained in each county in this state, at the expense of the county, a county jail for the detention, safekeeping, and confinement of persons and prisoners lawfully committed. Nothing in this article shall be construed to compel the erection of jails in counties having a population of less than two thousand or when the county owns a jail erected in any other place in the county.
C.R.S. § 17-20-106 — CO Code / Title 17 / Article 20 / Section 17-20-106
17-20-106. Forfeiture of good time
Status: repealed

17-20-106. Forfeiture of good time. (Repealed)
C.R.S. § 17-1-140 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-140
17-1-140. Appropriation to comply with section 2-2-703 - HB 02-1283
Status: repealed

17-1-140. Appropriation to comply with section 2-2-703 - HB 02-1283. (Repealed)
C.R.S. § 17-2-211 — CO Code / Title 17 / Article 2 / Part 2 / Section 17-2-211
17-2-211. Jurisdiction of courts
Status: in_force

17-2-211. Jurisdiction of courts. All civil actions under sections 17-2-209 to 17-2-212 shall be brought in the court of proper jurisdiction in the county of Pueblo, state of Colorado. Wherever and whenever possible, qualified witnesses in the field of mental health shall be obtained from the Colorado mental health institute at Pueblo.
C.R.S. § 17-1-113.5 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-113.5
17-1-113.5. Inmates held in correctional facilities - medical benefits application assistanc
Status: in_force

17-1-113.5. Inmates held in correctional facilities - medical benefits application assistance - county of residence - rules. (1) (a) Except as otherwise provided in paragraph (b) of this subsection (1), on and after January 1, 2003, any person who is sentenced to a term of imprisonment in a correctional facility who was receiving medical assistance pursuant to section 25.5-5-101 (1)(f) or 25.5-5-201 (1)(j), C.R.S., immediately prior to entering the correctional facility, or who is reasonably expected to meet eligibility criteria pursuant to section 25.5-5-101 (1)(f) or 25.5-5-201 (1)(j), C.R.S., upon release, shall receive assistance from correctional facility personnel in applying for such medical assistance at least ninety days prior to release.

(b) On and after January 1, 2003, any person who is sentenced to a term of imprisonment in a correctional facility who was eligible for supplemental security income benefits under Title II of the federal "Social Security Act" immediately prior to entering the correctional facility, or who is reasonably expected to meet eligibility criteria for supplemental security income benefits upon release, shall receive assistance from the correctional facility personnel in applying for such supplemental security income benefits at least ninety days prior to release or sooner, if possible.

(c) The department shall ensure that any inmate who is sixty-five years of age or older and is being released from prison is enrolled in the most appropriate medical insurance benefit plan including medicare, medicare savings plan, veteran's benefit, or other safety-net health insurance, or an individual health benefit plan prior to release or upon release, whichever will offer the more immediate health-care coverage. If an inmate who is sixty-five years of age or older is not enrolled in a medical insurance benefit plan prior to release and would be unable to pay for costs associated with enrollment in health insurance or would not otherwise be covered under a spouse's individual or employer offered insurance plan, the department shall pay any insurance premiums, penalties, or other costs related to enrollment in health insurance for up to six months from the start of coverage. The department may provide financial assistance for longer than six months if the person is still under the jurisdiction of the department and who would otherwise be uninsured or underinsured without that financial assistance.

(d) The department shall ensure that an inmate who is eligible for premium-free medicare coverage is enrolled during the inmate's initial open enrollment period or during regular open enrollment.

(2) The department of health care policy and financing shall provide information and training on medical assistance eligibility requirements and assistance to each correctional facility to assist in and expedite the application process for medical assistance for any inmate held in custody who meets the requirements of paragraph (a) of subsection (1) of this section.

(3) The department of human services shall provide information and education regarding the supplemental security income systems and processes to each correctional facility.

(4) (a) For purposes of determining eligibility pursuant to section 25.5-4-205, C.R.S., the county of residence of the inmate held in custody shall be the county specified by the inmate as his or her county of residence upon release.

(b) The department of health care policy and financing shall promulgate rules to simplify the processing of applications for medical assistance pursuant to subsection (1)(a) of this section and to allow inmates determined to be eligible for such medical assistance to access the medical assistance upon release and thereafter. If a county department of human or social services determines that an inmate is eligible for medical assistance, the county shall enroll the inmate in medicaid effective upon release of the inmate. At the time of the inmate's release, the correctional facility shall give the inmate information and paperwork necessary for the inmate to access medical assistance. The applicable county department of human or social services shall provide such information.

(c) The department of corrections shall attempt to enter into prerelease agreements with local social security administration offices, and, if appropriate, the county departments of human or social services, the state department of human services, or the department of health care policy and financing to simplify the processing of applications for medicaid or for supplemental security income to enroll inmates who are eligible for medical assistance pursuant to section 25.5-5-101 (1)(f) or 25.5-5-201 (1)(j), effective upon release and to provide such inmates with the information and paperwork necessary to access medical assistance immediately upon release.

(5) (Deleted by amendment, L. 2007, p. 1991, § 1, effective June 1, 2007.)

(6) If an inmate is released from confinement but still under criminal justice supervision and is eligible for medical benefits pursuant to the "Colorado Medical Assistance Act", articles 4 to 6 of title 25.5, the supervising criminal justice agency shall not place any restriction or make additional requirements a precondition that in any way inhibits the inmate from being able to choose a provider or receive medical care, behavioral health treatment, or any other assistance authorized under the medical benefits.
C.R.S. § 17-26-134 — CO Code / Title 17 / Article 26 / Part 1 / Section 17-26-134
17-26-134. Jail inspection
Status: repealed

17-26-134. Jail inspection. (Repealed)
C.R.S. § 17-32-105 — CO Code / Title 17 / Article 32 / Section 17-32-105
17-32-105. Development of correctional education program - goals and objectives - performan
Status: in_force

17-32-105. Development of correctional education program - goals and objectives - performance objectives - evaluation - transfers of custody - reports. (1) On and after July 1, 1990, the correctional education program is responsible for providing educational services to persons in correctional facilities under the control of the department and for developing and implementing a comprehensive competency-based educational and vocational program, which must conform to the goals and objectives outlined in this subsection (1). The correctional education program may be implemented in phases with the goals and objectives implemented in all facilities in the order specified in this subsection (1); except that the goal and objective stated in subsection (1)(a) of this section must be implemented in all correctional facilities no later than July 1, 1991, and the entire program must be completely implemented in all correctional facilities no later than July 1, 1992. The program shall continue to operate instructional services currently offered in correctional facilities until such services are incorporated in or replaced by instructional services offered under the correctional education program. The correctional education program must encompass the following goals and objectives:

(a) First, to ensure that every inmate in a correctional facility shall receive appropriate academic services mandated by federal or state statutes, regulations, or orders;

(b) Second, to ensure that every person in a correctional facility who has an expectation of release from custody within five years and lacks basic and functional literacy skills receive adult basic education instruction in accordance with the provisions of subsection (3) of this section;

(c) Third, to provide every person in a correctional facility who has an expectation of release from custody within five years with the opportunity to achieve functional literacy, specifically the ability to read and write the English language and the ability to perform routine mathematical functions prior to his or her release;

(d) Fourth, to provide every person in a correctional facility who has an expectation of release from custody within five years and who has demonstrated the intellectual capacity with the opportunity to successfully complete a high school equivalency examination, as defined in section 22-33-102 (8.5), C.R.S. A person who wishes to receive a standard high school diploma must meet the graduation requirements established by the school district where he or she was last enrolled or pass the high school equivalency examination. To be eligible to receive credit for completion of a course required for the receipt of a high school diploma, a person must satisfy the requirements for the course as established by the school district where he or she was last enrolled.

(e) Fifth, to ensure that every person in a correctional facility who has an expectation of release from custody within five years has an opportunity to acquire at least entry-level marketable vocational skills in one or more occupational fields for which there is a demonstrable demand in the economy of this state;

(f) Sixth, to ensure that every person in a correctional facility be released possessing life management skills which will allow him to function successfully in a free society;

(g) Seventh, to provide every person in a correctional facility who demonstrates college-level aptitudes with the opportunity to participate in college-level academic programs that may be offered within the correctional facility. Costs for such programs may be borne through private, local, or federally funded gifts, grants, donations, or scholarships; or by such persons themselves; or through any combination of such funding.

(2) The correctional education program developed pursuant to subsection (1) of this section shall provide that training in the fundamentals of personal health be an integral part of all instructional services offered in such program. Such training shall include instruction in personal hygiene, general health, and substance abuse education. The program shall also provide courses of instruction in the evening in order to accommodate those persons in work programs.

(3) (a) Except as otherwise provided in paragraph (b) of this subsection (3), any person in a correctional facility who lacks basic and functional literacy skills, as determined through the use of a literacy test approved by the state board of education, shall be required to complete sequential course work sufficient to allow the inmate to pass a competency test or the test of general education development or both. If a composite test score of functional literacy is not attained, the program may require the inmate to continue to receive adult basic education instruction.

(b) A person in a correctional facility who lacks basic and functional literacy skills shall be required to attend adult basic education instruction unless such person:

(I) Is serving a life sentence or is under sentence of death;

(II) Is specifically exempted by the program from participation for security or health reasons;

(III) Is housed at a community correctional facility;

(IV) Is determined, through testing, to have attained a functional literacy level;

(V) Is, because of a disability, at a maximum level of proficiency;

(VI) Refuses, in writing, to participate in adult basic education instruction; or

(VII) Fails to make "positive progress" after a minimum of twenty hours.

(4) This section shall not affect the eligibility of any person for educational training programs, vocational programs, or other programs expressly created under federal or state statutes, regulations, or orders.

(5) On or before December 31, 2010, the department shall develop a plan for each educational or vocational program offered pursuant to this article to meet the following performance objectives:

(a) The department is encouraged to use a vocational skills assessment to determine the vocational needs of each offender who is eligible to participate in a vocational program. To the extent practicable, the department shall assign each such offender to a vocational program based on this assessment.

(b) The program shall use a curriculum or a set of training practices that is:

(I) Approved by the department of education created in section 24-1-115, C.R.S., or the state board for community colleges and occupational education created in section 23-60-104, C.R.S.; or

(II) Described as part of an agreement or contract entered into pursuant to section 17-32-106 (1)(b).

(c) The program shall provide offenders training and competency in marketable skills that are relevant and likely to be in demand in the workplace as determined by data provided to the department by the department of labor and employment pursuant to subsection (6) of this section.

(6) On or before October 1, 2010, and on or before October 1 of each year thereafter, the department of labor and employment created in section 24-1-121, C.R.S., shall provide the department with data on current market trends and labor needs in Colorado to assist the department in providing educational and vocational programs that satisfy the performance objective described in paragraph (c) of subsection (5) of this section.

(7) When considering an offender for transfer, the department shall take the offender's enrollment in an educational or vocational program into consideration unless the offender is granted parole or is placed into a community corrections program pursuant to article 27 of this title. If the department transfers an offender enrolled in an educational or vocational program to another facility, the department is encouraged to give the offender priority for placement in a comparable educational or vocational program if such a program exists at the facility.

(8) The department shall annually report the following information concerning educational and vocational programs offered pursuant to this article:

(a) A list of the specific programs offered at each state-operated facility and private prison that houses offenders on behalf of the department;

(b) The number of instructors and the number of instructor vacancies, by program and facility;

(c) The annual capacity of each program;

(d) The annual enrollment of each program, including the number of offenders who were placed on a waiting list for the program and the average length of time spent on the waiting list by each such offender;

(e) The number of offenders who successfully completed each program in the previous fiscal year;

(f) The number of offenders who enrolled in each program but failed to successfully complete the program in the previous fiscal year, including for each such offender the reason for the offender's noncompletion;

(g) The percentage of parolees who are employed full-time, employed part-time, or unemployed at the end of the previous fiscal year;

(h) A summary of the results of any program evaluations or cost-benefit analyses performed by the department; and

(i) The total amount of state and federal funding allocated by the department during the most recently completed fiscal year for vocational and educational programs, including information concerning the allocation of each source of funding and the amount of funding received by each program.
C.R.S. § 17-1-103 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-103
17-1-103. Duties of the executive director
Status: repealed

17-1-103. Duties of the executive director. (1) The duties of the executive director are:

(a) To manage, supervise, and control the correctional institutions operated and supported by the state; to monitor and supervise the activities of private contract prisons; to manage and supervise the divisions, agencies, boards, and commissions that are or may be transferred to or established within the department by law or by the executive director pursuant to section 17-1-101 (2); to provide work and self-improvement opportunities; and to establish an environment that promotes habilitation for successful reentry into society;

(a.5) To develop policies and procedures governing the operation of the department;

(b) To supervise the business, fiscal, budget, personnel, and financial operations of the department and the institutions and activities under his or her control;

(c) In consultation with the division directors and the wardens, to develop a systematic building program providing for the projected, long-range needs of the institutions under his or her control;

(d) To efficiently manage the lands associated with or owned by the department;

(e) To the extent practical, to utilize the staff and services of other state agencies and departments, within their respective statutory functions, to carry out the purposes of this title;

(f) To develop within the correctional institutions, rehabilitation and work programs that develop work skills for inmates and supply necessary products for state institutions and other public purposes as specified by law;

(g) Repealed.

(h) (Deleted by amendment, L. 2000, p. 830, § 3, effective May 24, 2000.)

(i) Repealed.

(j) (Deleted by amendment, L. 2000, p. 830, § 3, effective May 24, 2000.)

(k) To carry out the duties prescribed in article 11.5 of title 16, C.R.S.;

(l) To carry out the duties prescribed in article 11.7 of title 16, C.R.S.;

(m) To provide information to the director of research of the legislative council concerning population projections, research data, and the projected long-range needs of the institutions under the control of the executive director and any other related data requested by the director;

(n) To contract with the department of human services to house in a facility operated by the department of human services any juvenile under the age of fourteen years who is sentenced as an adult to the department of corrections and to provide services for the juvenile pursuant to section 19-2.5-802 (1)(e);

(o) To appoint an inspector general and investigators as provided in section 17-1-103.8;

(p) Notwithstanding the provisions of the "Colorado Open Records Act", part 2 of article 72 of title 24, C.R.S., and part 3 of said article 72, to adopt such policies and guidelines as may be necessary concerning the release of records to inmates;

(q) To collaborate with the department of personnel and the office of information technology on their existing efforts to modernize the state's personnel timekeeping systems in order to produce a system that is transparent, accountable, and easily employed by department personnel;

(r) In consultation with the behavioral health administration and the office of economic security in the department of human services, the department of health care policy and financing, the department of local affairs, and local service providers, to develop resources for inmates post-release that provide information to help prepare inmates for release and successful reintegration into their communities. The resources must reflect the needs of diverse and underserved populations and communities.

(2) The executive director shall have such other duties and functions as are prescribed for heads of principal departments in the "Administrative Organization Act of 1968", article 1 of title 24, C.R.S.

(3) (a) (I) The executive director shall, upon the recommendation of the department's chief medical officer, appoint a panel of medical consultants.

(II) The executive director shall, upon the recommendation of the department's chief medical officer, determine the membership of the panel based on the medical and surgical needs of the department.

(III) The executive director shall determine the qualifications for appointment to the panel of medical consultants; except that all members of the panel shall be licensed by the Colorado medical board pursuant to article 240 of title 12 or the Colorado dental board pursuant to article 220 of title 12.

(b) Members of the panel of medical consultants shall be compensated at a rate which shall be approved by the executive director. Compensation shall be paid from available funds of the department.

(c) The panel members shall act as medical consultants to the department with respect to persons receiving services from any correctional facility as defined in section 17-1-102 (1.7).

(d) A member of the panel of medical consultants, for all activities performed within the course and scope of said member's responsibilities to the department, shall be entitled to all of the protections of the "Colorado Governmental Immunity Act", article 10 of title 24, C.R.S., as if the panel member were a "public employee" as defined in section 24-10-103 (4), C.R.S. This provision shall not be construed to afford independent contractors hired as panel members any of the protections of the state personnel system, article 50 of title 24, C.R.S.

(e) For purposes of this subsection (3), "panel of medical consultants" means a panel of medical physicians, dentists, or oral surgeons whose duty is to deliver medical services or services related to oral surgery.

(4) For an inmate who was convicted as an adult of a class 1 felony following direct filing of an information or indictment in the district court pursuant to section 19-2.5-801 or transfer of proceedings to the district court pursuant to section 19-2.5-802, the executive director shall ensure that the inmate has the opportunity to participate in treatment, programs, and services that is equal to the opportunities granted to other inmates who will be eligible for parole or discharge.
C.R.S. § 17-22.5-201 — CO Code / Title 17 / Article 22.5 / Part 2 / Section 17-22.5-201
17-22.5-201. Good time credit allowable
Status: in_force

17-22.5-201. Good time credit allowable. (1) Unless otherwise provided by law, every inmate confined in a correctional facility of the department who has committed no infraction of the rules or regulations of the department or the laws of the state and who performs in a faithful, diligent, industrious, orderly, and peaceable manner the work, duties, and tasks assigned to him to the satisfaction of the executive director or any of his designees may be allowed time credit reductions as follows: A deduction of two months in each of the first two years, four months in each of the next two years, and five months in each of the remaining years of his term of confinement, and correspondingly for any part of the year if such term of confinement is for less than a year. The mode of computing credits shall be as follows:

Number of Good time Total good Time to be served

yrs. of that may be time that may if full credits are

sentence earned be earned earned and allowed

1st year 2 months 2 months 10 months

2nd year 2 months 4 months 1 year 8 months

3rd year 4 months 8 months 2 years 4 months

4th year 4 months 1 year 3 years

5th year 5 months 1 year 5 months 3 years 7 months

6th year 5 months 1 year 10 months 4 years 2 months

7th year 5 months 2 years 3 months 4 years 9 months

8th year 5 months 2 years 8 months 5 years 4 months

9th year 5 months 3 years 1 month 5 years 11 months

10th year 5 months 3 years 6 months 6 years 6 months

and so continuing through as many years as may be the time of confinement.

(2) To those inmates whom the executive director or any of his designees may designate as trusties and who conduct themselves in accordance with departmental rules and perform their work in a creditable manner, upon approval of the executive director or any of his designees, additional good time to that allowed in the table set forth in subsection (1) of this section, not to exceed ten days in any one calendar month, shall be credited upon the time remaining to be served, such credit to be allowed only upon the actual number of months served in each year in a correctional facility of the department.

(3) The executive director or any of his designees may grant to any inmate confined in a correctional facility additional good time credit to that allowed under subsections (1) and (2) of this section, not to exceed five days per month for each calendar year remaining to be served, for the following reasons:

(a) Meritorious service by an inmate; or

(b) Outstanding performance of assigned tasks in correctional industries.

(4) The executive director or any of his designees may restore to the credit of any inmate confined in a correctional facility all or any portion of good time credits which have been forfeited by the inmate as a result of any disciplinary action or provision of law.

(5) (a) The provisions of this section shall apply to a defendant whose sentence was stayed pending appeal prior to July 1, 1972, but who was confined pending disposition of the appeal. Such credit shall be against the maximum and minimum terms of his sentence for the entire period of confinement served while the stay of execution was in effect.

(b) A defendant whose sentence is stayed pending appeal after July 1, 1972, but who is confined pending disposition of the appeal is entitled to the credit provided by this section against the maximum and minimum terms of his sentence for the entire period of confinement served while the stay of execution was in effect.

(6) If any inmate assaults any keeper, guard, foreman, officer, inmate, or other person, or threatens or endangers the person or life of anyone, or violates or disregards any departmental rule or regulation, or neglects or refuses to do the work to which he is assigned, or is guilty of any misconduct, or violates any of the rules or regulations governing parole, the department may order the forfeiture of all time credits theretofore earned by or allowed to him before the commission of such offense under this section.
C.R.S. § 17-2-102 — CO Code / Title 17 / Article 2 / Part 1 / Section 17-2-102
17-2-102. Division of adult parole - general powers, duties, and functions - definition
Status: repealed

17-2-102. Division of adult parole - general powers, duties, and functions - definition. (1) The division of adult parole in the department shall administer the adult parole program. The division of adult parole is a type 2 entity, as defined in section 24-1-105. The division shall keep a complete record in respect to all domestic as well as interstate parolees. The director of the division of adult parole exercises the power of suspension of paroles in the interim of the meetings of the state board of parole, referred to in this part 1 as the "board", and in connection therewith the director may arrest a suspended parolee without warrant and return a suspended parolee to an appropriately secure facility to await the further action of the board. In case of a suspension of parole, the director shall send to the board, at its first session thereafter, a transcript of all proceedings taken in connection with the suspension and the reasons for the director's action.

(2) (Deleted by amendment, L. 2000, p. 839, § 24, effective May 24, 2000.)

(3) The director of the division of adult parole, pursuant to the provisions of section 13 of article XII of the state constitution, shall appoint such other officers and employees as may be necessary to properly supervise all adult parolees released from any state correctional institution or private contract prison together with such other persons as are accepted for supervision under the interstate compact.

(4) and (5) (Deleted by amendment, L. 2000, p. 839, § 24, effective May 24, 2000.)

(6) Repealed.

(7) (Deleted by amendment, L. 2000, p. 839, § 24, effective May 24, 2000.)

(8) The division of adult parole shall establish and administer appropriate programs of education and treatment and other productive activities, which programs and activities are designed to assist in the rehabilitation of an offender.

(8.5) (a) Any parolee, on parole as a result of a conviction of any felony, who is under the supervision of the division of adult parole pursuant to this part 1 and who is initially tested for the illegal or unauthorized use of a controlled substance and the result of such test is positive shall be subject to any or all of the following actions:

(I) An immediate warrantless arrest;

(II) An immediate increase in the level of supervision, including but not limited to intensive supervision;

(III) Random screenings for the detection of the illegal or unauthorized use of a controlled substance, which use may serve as the basis for any other community placement;

(IV) Referral to a substance use disorder treatment program.

(b) If any parolee described in subsection (8.5)(a) of this section is subjected to a second or subsequent test for the illegal or unauthorized use of a controlled substance and the result of the test is positive, the community parole officer shall take one or more of the following actions:

(I) Make an immediate warrantless arrest;

(II) Seek a parole revocation in accordance with section 17-2-103;

(III) Immediately increase the level of supervision, including but not limited to intensive supervision;

(IV) Increase the number of drug screenings for the illegal or unauthorized use of controlled substances;

(V) Refer the parolee to a substance use disorder treatment program.

(c) This subsection (8.5) shall not apply to any parolee to whom article 11.5 of title 16, C.R.S., applies.

(d) This subsection (8.5) does not apply to a parolee who possesses or uses natural medicine or natural medicine product as authorized pursuant to section 18-18-434, article 170 of title 12, or article 50 of title 44.

(9) (Deleted by amendment, L. 2000, p. 839, § 24, effective May 24, 2000.)

(10) (a) The division of adult parole shall, in accordance with section 17-2-106:

(I) Notify a municipality of any site within such municipality that the division has selected to become a branch parole office; or

(II) Notify a county of any site within such county that the division has selected to become a branch parole office if the site is not within a municipality located in the county.

(b) For purposes of this subsection (10), "branch parole office" has the same meaning as provided in section 17-2-106.

(11) The division of adult parole shall provide to the judiciary committees of the senate and the house of representatives, or any successor committees, a status report on the effect on parole outcomes and use of any moneys allocated pursuant to House Bill 10-1360, enacted in 2010.

(12) (a) Prior to an offender being released from parole, the community parole officer releasing the individual shall provide the notice described in paragraph (b) of this subsection (12) at the last meeting the officer has with the person.

(b) The notice shall contain the following information:

(I) That a person convicted of certain crimes has the right to seek to have his or her criminal record sealed;

(II) That there are collateral consequences associated with a criminal conviction that a sealing order can alleviate;

(III) The list of crimes that are eligible for sealing and the associated time period that a person must wait prior to seeking sealing;

(IV) That the state public defender has compiled a list of laws that impose collateral consequences related to a criminal conviction and that the list is available on the state public defender's website; and

(V) That the person should seek legal counsel if he or she has any questions regarding record sealing.

(13) Repealed.

(14) (a) In addition to any other duty specified in this section, the division of adult parole shall provide at the initial meeting with an individual sentenced to parole information regarding:

(I) The individual's voting rights;

(II) How the individual may register to vote or update or confirm his or her voter registration record;

(III) How to obtain and cast a ballot; and

(IV) How to obtain voter information materials.

(b) As used in this subsection (14), "voter information materials" means the following documents as applicable to the election for which the individual seeks to register and cast a ballot:

(I) Any forms used to register an elector under part 2 of article 2 of title 1;

(II) An application for a mail ballot pursuant to section 1-13.5-1002;

(III) A copy of the ballot information booklet described in section 1-40-124.5; and

(IV) Any mailings to electors that are described in section 1-40-125.
C.R.S. § 17-22.5-405 — CO Code / Title 17 / Article 22.5 / Part 4 / Section 17-22.5-405
17-22.5-405. Earned time - earned release time - achievement earned time - definition
Status: in_force

17-22.5-405. Earned time - earned release time - achievement earned time - definition. (1) Earned time, not to exceed ten days for each month of incarceration or parole, may be deducted from the inmate's sentence upon a demonstration to the department by the inmate, which is certified by the inmate's case manager or community parole officer, that the inmate has made consistent progress in the following categories as required by the department of corrections:

(a) Work and training, including attendance, promptness, performance, cooperation, care of materials, and safety;

(b) Group living, including housekeeping, personal hygiene, cooperation, social adjustment, and double bunking;

(c) Participation in counseling sessions and involvement in self-help groups;

(d) Progress toward the goals and programs established by the Colorado diagnostic program;

(e) For any inmates who have been paroled, compliance with the conditions of parole release;

(f) The offender has not harassed the victim either verbally or in writing;

(g) The inmate has made positive progress, in accordance with performance standards established by the department, in the correctional education program established pursuant to article 32 of this title;

(h) The inmate has shown exemplary leadership through mentoring, community service, and distinguished actions benefiting the health, safety, environment, and culture for staff and other inmates.

(1.2) Subsection (1) of this section applies to a person who was convicted as an adult for a class 1 felony committed while the person was a juvenile and who was sentenced pursuant to section 18-1.3-401 (4)(b) or (4)(c), C.R.S. As to a person who was convicted as an adult for a class 1 felony committed while the person was a juvenile and who was sentenced pursuant to section 18-1.3-401 (4)(c), C.R.S., it is the intent of the general assembly that the department award earned time to such a person both prospectively and retroactively from June 10, 2016, as if the person had been eligible to be awarded earned time from the beginning of his or her incarceration pursuant to the sentence that he or she originally received for such felony.

(1.5) (a) Earned time, not to exceed twelve days for each month of incarceration or parole, may be deducted from an inmate's sentence if the inmate:

(I) Is serving a sentence for a class 4, class 5, or class 6 felony or level 3 or level 4 drug felony;

(II) Has not incurred a class I code of penal discipline violation within the twenty-four months immediately preceding the time of crediting or during his or her entire term of incarceration if the term is less than twenty-four months or a class II code of penal discipline violation within the twelve months immediately preceding the time of crediting or during his or her entire term of incarceration if the term is less than twelve months;

(III) Is program-compliant; and

(IV) Was not convicted of, and has not previously been convicted of, a felony crime described in section 18-3-303, 18-3-305, 18-3-306, or 18-6-701, sections 18-7-402 to 18-7-407, or section 18-12-102 or 18-12-109, C.R.S., or a felony crime listed in section 24-4.1-302 (1), C.R.S.

(b) The earned time specified in subsection (1.5)(a) of this section may be deducted based upon a demonstration to the department by the inmate, which is certified by the inmate's case manager or community parole officer, that he or she has made positive progress in accordance with performance standards established by the department.

(c) Nothing in this subsection (1.5) shall preclude an inmate from receiving earned time pursuant to subsection (1) of this section if the inmate does not qualify for earned time pursuant to this subsection (1.5).

(2) The department shall develop objective standards for measuring consistent progress in the categories listed in subsection (1) of this section. Such standards shall be applied in all evaluations of inmates for the earned time authorized in this section.

(3) For each inmate sentenced to the custody of the department, or for each parolee, the department shall review the performance record of the inmate or parolee and may grant, withhold, withdraw, or restore, consistent with the provisions of this section, an earned time deduction from the sentence imposed. Such review shall be conducted annually while such person is incarcerated and semiannually while such person is on parole and shall vest upon being granted. However, any earned time granted to a parolee shall vest upon completion of any semiannual review unless an administrative hearing within the department determines that such parolee engaged in criminal activity during the time period for which such earned time was granted, in which case the earned time granted during such period may be withdrawn. In addition to any other sanctions, the executive director may refer to the district attorney all cases where the offender tests positive for the presence of drugs.

(3.5) In addition to the earned time deducted pursuant to subsection (1) of this section, an inmate working at a disaster site pursuant to section 17-24-124 shall be entitled to additional earned time in the amount of one day of earned time for every day spent at a disaster site.

(3.7) (a) For an inmate sentenced for a nonviolent felony offense as described in subsection (5) of this section, in addition to the earned time deducted pursuant to subsection (1) or (1.5) of this section, earned time shall be deducted from the inmate's sentence for each accredited degree or other credential awarded by a regionally accredited institution of higher education designated by the department pursuant to subsection (3.7)(b) of this section to the inmate while the inmate is incarcerated or on parole as follows:

(I) Eighteen months of earned time for a master's degree and two years of earned time for a doctoral degree;

(II) One year of earned time for an associate degree or a baccalaureate degree; and

(III) Six months of earned time for a certificate or other credential that requires completion of at least thirty credit hours for award of the certificate or credential.

(b) (I) No later than September 30, 2023, the department shall designate up to six regionally accredited institutions of higher education that may award a degree or credential to an inmate for which earned time may be deducted pursuant to this subsection (3.7). The department shall make the list of designated institutions publicly available and available to inmates incarcerated or on parole.

(II) In its presentation to the committees of reference pursuant to section 2-7-203 made during the 2028 legislative session, the department may recommend a change in the number of institutions it may designate pursuant to this subsection (3.7)(b).

(c) The limitation described in subsection (4)(a) of this section does not apply to earned time awarded pursuant to this subsection (3.7).

(4) (a) Except as described in subsection (3.7), (4)(b), (6), or (9) of this section, and notwithstanding any other provision of this section, earned time may not reduce the sentence of an inmate as defined in section 17-22.5-402 (1) by a period of time that is more than thirty percent of the sentence.

(b) Earned time may not reduce the sentence of an inmate described in subsection (1.2) of this section by a period of time that is more than twenty-five percent of the sentence.

(5) (a) Notwithstanding subsections (1), (2), and (3) of this section, an offender who is sentenced and paroled for a felony offense other than a nonviolent felony committed on or after July 1, 1993, shall not be eligible to receive any earned time while the offender is on parole. An offender who is sentenced and paroled for a nonviolent felony offense committed on or after July 1, 1993, shall be eligible to receive any earned time while the offender is on parole.

(a.5) Notwithstanding the provisions of paragraph (a) of this subsection (5), an offender who is sentenced for a felony committed on or after July 1, 1993, and paroled on or after January 1, 2009, shall be eligible to receive any earned time while on parole or after reparole following a parole revocation.

(b) As used in this subsection (5), unless the context otherwise requires, a "nonviolent felony offense" means a felony offense other than a crime of violence as defined in section 18-1.3-406 (2), C.R.S., any of the felony offenses set forth in section 18-3-104, 18-4-203, or 18-4-301, C.R.S., or any felony offense committed against a child as set forth in articles 3, 6, and 7 of title 18, C.R.S.

(6) Earned release time shall be scheduled by the state board of parole and the time computation unit in the department of corrections for inmates convicted of class 4 and class 5 felonies or level 3 drug felonies up to sixty days prior to the mandatory release date and for inmates convicted of class 6 felonies or level 4 drug felonies up to thirty days prior to the mandatory release date for inmates who meet the following criteria:

(a) The inmate has not incurred a class I code of penal discipline violation within the twenty-four months immediately preceding the time of crediting or during his or her entire term of incarceration if the term is less than twenty-four months or a class II code of penal discipline violation within the twelve months immediately preceding the time of crediting or during his or her entire term of incarceration if the term is less than twelve months;

(b) The inmate is program-compliant; and

(c) The inmate was not convicted of, and has not previously been convicted of, a felony crime described in section 18-3-303, 18-3-305, 18-3-306, or 18-6-701, sections 18-7-402 to 18-7-407, or section 18-12-102 or 18-12-109, C.R.S., or a felony crime listed in section 24-4.1-302 (1), C.R.S.

(7) Beginning in the fiscal year 2012-13, the general assembly may appropriate the savings generated by subsections (1.5) and (6) of this section to recidivism-reduction programs.

(8) Notwithstanding any provision of this section to the contrary, after his or her first ninety days in administrative segregation, a state inmate in administrative segregation shall be eligible to receive earned time if he or she meets the criteria required by this section or any modified criteria developed by the department to allow a state inmate to receive the maximum amount of earned time allowable for good behavior and participation in any programs available to the state inmate in administrative segregation.

(9) (a) Notwithstanding any provision of this section to the contrary, in addition to the earned time authorized in this section, an offender who successfully completes a milestone or phase of an educational, vocational, therapeutic, or reentry program, or who demonstrates exceptional conduct that promotes the safety of correctional staff, volunteers, contractors, or other persons under the supervision of the department of corrections, may be awarded as many as sixty days of achievement earned time per program milestone or phase or per instance of exceptional conduct, at the discretion of the executive director; except that an offender shall not be awarded more than one hundred twenty days of achievement earned time pursuant to this subsection (9).

(a.3) The department shall not award earned time to an offender pursuant to this subsection (9) for completion of an associate, baccalaureate, or graduate degree or a certificate or other credential for which earned time is deducted pursuant to subsection (3.7) of this section.

(a.5) (I) Pursuant to the intent of the general assembly in enacting House Bill 12-1223 during the 2012 regular session, the general assembly shall appropriate savings generated from the enactment of this subsection (9) to:

(A) The education subprogram, for academic and vocational programs to offenders; and

(B) The parole subprogram, for parole wraparound services.

(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (a.5), the appropriation described in said subparagraph (I) must not exceed six million five hundred thousand dollars in any fiscal year.

(III) In allocating the moneys appropriated pursuant to sub-subparagraph (B) of subparagraph (I) of this paragraph (a.5), the department shall give priority to parole wraparound services that are administered based on evidence-based practices.

(b) As used in this section, unless the context otherwise requires, "exceptional conduct" includes, but is not limited to:

(I) Saving or attempting to save the life of another person;

(II) Aiding in the prevention of serious bodily injury or loss of life;

(III) Providing significant assistance in the prevention of a major facility disruption;

(IV) Providing significant assistance in the solving of a cold case, as defined in section 24-4.1-302 (1.2), C.R.S.;

(V) Acting to prevent an escape; or

(VI) Providing direct assistance in a documented facility or community emergency.
C.R.S. § 17-10-104 — CO Code / Title 17 / Article 10 / Section 17-10-104
17-10-104. Action for reimbursement of cost of care - when commenced
Status: in_force

17-10-104. Action for reimbursement of cost of care - when commenced. (1) An action may be commenced pursuant to section 17-10-103 against any offender:

(a) At any time during the imprisonment of such offender;

(b) During the period of probation supervision of such offender; or

(c) Within two years after the offender's release from imprisonment or release from probation supervision.

(2) A plaintiff may recover the expenses incurred on behalf of an offender during the entire period the offender has been confined in a correctional facility or a local jail, under home detention, under probation supervision, or placed on parole.
C.R.S. § 17-2-209 — CO Code / Title 17 / Article 2 / Part 2 / Section 17-2-209
17-2-209. Civil proceedings - inmate subject to parole
Status: in_force

17-2-209. Civil proceedings - inmate subject to parole. When an inmate has met all of the requirements to be eligible for parole, but the board has reason to believe that the inmate may have a mental health disorder as defined in section 27-65-102, the board shall initiate civil proceedings pursuant to article 23 of this title 17 and articles 10.5, 65, 67, 92, 93, and 94 of title 27.
C.R.S. § 17-24-117 — CO Code / Title 17 / Article 24 / Section 17-24-117
17-24-117. Penalty
Status: repealed

17-24-117. Penalty. (Repealed)
C.R.S. § 17-1-105 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-105
17-1-105. Powers of executive director
Status: repealed

17-1-105. Powers of executive director. (1) The executive director shall have and exercise:

(a) All the right and power to transfer an inmate between correctional facilities.

(b) Repealed.

(c) The authority to enter into contracts and agreements with other jurisdictions, including other states, the federal government, and political subdivisions of this state, for the confinement and maintenance in state correctional facilities of inmates sentenced to imprisonment by the courts of such other jurisdictions. The executive director shall notify the appropriate authorities of other jurisdictions, as the executive director deems appropriate, of the availability of space in state correctional facilities for the confinement and maintenance of inmates from other jurisdictions.

(d) The authority to lease real property and personal property of the department and any interest therein pursuant to law;

(e) The authority to enter into contracts with any county for the placement of inmates pursuant to section 16-11-308.5, C.R.S.;

(f) The authority to enter into contracts and agreements with other jurisdictions, including other states, the federal government, and political subdivisions of this state, for the confinement and maintenance of offenders sentenced to imprisonment by the courts of this state and the authority to reimburse such jurisdictions for the expenses incurred by such jurisdictions in the confinement and maintenance of said offenders;

(g) The authority to issue administrative warrants, solely for the purpose of returning to a correctional facility, jail, or community corrections center, offenders who have escaped from the custody and care of the department, community corrections, the parole board, or the division of adult parole, containing notice to appropriate law enforcement agencies that there is probable cause to believe that an offender has escaped from custody;

(h) The authority to enter into written agreements with any local, state, regional, or federal law enforcement agency operating within the state to allow such agencies and the department to provide personnel or operational support to one another, if deemed available by the executive director, in support of emergency law enforcement operations in Colorado;

(i) The authority to enter into written agreements with any local, state, regional, or federal law enforcement agency operating within the state to permit department personnel to assist in apprehending offenders who have escaped from the custody of the department.

(1.5) The executive director shall have such other powers and functions as are prescribed for heads of principal departments in the "Administrative Organization Act of 1968", article 1 of title 24, C.R.S.

(2) (a) The executive director shall, subject to approval by the capital development committee and subject to annual appropriation, be authorized to enter into agreements under which the state may acquire title to correctional facilities developed and constructed with private funds upon payment of the stipulated aggregate annual payments within a period of time not to exceed thirty years. The executive director shall also consider all costs associated with the agreement, including indirect costs for administration and monitoring of the agreement and total costs of the agreement including principal and interest.

(b) The executive director shall establish design standards and specifications which shall be met by any facility which is to be occupied pursuant to this subsection (2).

(c) Any proposal which meets such design standards and specifications and which has been approved by the capital development committee shall be specifically authorized, prior to its execution, by a separate bill enacted by the general assembly. Subsequent to such authorization by the general assembly in such manner, payments by the state may be made from moneys appropriated by the general assembly without the necessity of a separate bill.

(d) Payments under such agreements shall be included in the capital construction fund, subject to annual appropriation by the general assembly, and shall be certified, audited, and paid in the same manner as all other accounts and expenditures are paid out of such funds appropriated to the capital construction fund. Such obligations shall not create an indebtedness of the state within the meaning of any provisions of the state constitution or laws of the state concerning or limiting the creation of indebtedness of the state.

(e) Each agreement entered into pursuant to this subsection (2) may contain such terms, provisions, and conditions as the executive director deems appropriate, including provisions by which the state may receive fee title to the real and personal property which is the subject of each agreement on or prior to the expiration of the terms thereof, including all optional terms.

(f) Property acquired or occupied pursuant to this subsection (2) shall be exempt from taxation so long as it is used for a public purpose connected with any authorized work or programs of the department.

(g) Subject to annual appropriations by the general assembly, agreements entered into pursuant to this subsection (2) shall be enforceable in any court of competent jurisdiction in the state.

(3) The entity with which the department enters into an agreement pursuant to subsection (2) of this section shall submit a detailed plan for the department of corrections to assume responsibility for a correctional facility when the contract between the state and the entity terminates. The state, through the executive director of the department of corrections, may terminate the agreement for cause after written notice of material deficiencies and after sixty workdays have been provided to the entity to correct the material deficiencies. If any event occurs involving the noncompliance with or violation of contract terms and presents a serious threat to the safety, health, or security of the inmates, employees, or the public, the department of corrections may temporarily assume responsibility for the correctional facility. In addition, the entity shall submit a plan for the temporary assumption of operations of a correctional facility by the department of corrections in the event of bankruptcy or the financial insolvency of the entity. The entity shall provide an emergency plan to address inmate disturbances, employee work stoppages, strikes, or other serious events. The plan shall comply with applicable national correctional standards. The state may assume responsibility for the operation of a facility upon approval by the general assembly through the enactment of legislation.
C.R.S. § 17-24-101 — CO Code / Title 17 / Article 24 / Section 17-24-101
17-24-101. Short title
Status: in_force

17-24-101. Short title. This article shall be known and may be cited as the "Correctional Industries Act".
C.R.S. § 17-1-107 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-107
17-1-107. Department may accept gifts, donations, and grants
Status: in_force

17-1-107. Department may accept gifts, donations, and grants. The department may accept, or refuse to accept, on behalf of and in the name of the state, gifts, donations, and grants, including grants of federal funds, for any purpose connected with the work or programs of the department. The executive director, with the approval of the governor, shall have the power to direct the disposition of any such gift, donation, or grant so accepted for any purpose consistent with the terms and conditions under which given.
C.R.S. § 17-20-118 — CO Code / Title 17 / Article 20 / Section 17-20-118
17-20-118. Computation of time
Status: repealed

17-20-118. Computation of time. (Repealed)
C.R.S. § 17-26-125 — CO Code / Title 17 / Article 26 / Part 1 / Section 17-26-125
17-26-125. Account of moneys - report
Status: in_force

17-26-125. Account of moneys - report. It is the duty of the keeper of every jail within this state to keep an accurate account of all moneys received by him on account of the confinement, safekeeping, and maintenance of persons committed from other counties, fugitives from justice, and prisoners committed to the jail by authority of the United States, to report the same monthly to the board of county commissioners of the county wherein such jail is situated, and to pay over to the treasurer of such county monthly all such moneys for the use of such county.
C.R.S. § 17-22.5-304 — CO Code / Title 17 / Article 22.5 / Part 3 / Section 17-22.5-304
17-22.5-304. Part affects only certain inmates
Status: in_force

17-22.5-304. Part affects only certain inmates. The good time provisions of this part 3 are effective July 1, 1979, and shall apply only to those persons convicted of crimes committed on or after said date. No person subject to the good time provisions of part 2 of this article shall be eligible for any of the provisions authorized by this part 3.
C.R.S. § 17-1-103.5 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-103.5
17-1-103.5. Literacy corrections program - legislative declaration - repeal
Status: repealed

17-1-103.5. Literacy corrections program - legislative declaration - repeal. (Repealed)
C.R.S. § 17-24-106 — CO Code / Title 17 / Article 24 / Section 17-24-106
17-24-106. General powers of the division
Status: repealed

17-24-106. General powers of the division. (1) In addition to any other powers granted to the division by this article 24, the division has the following powers:

(a) Repealed.

(b) To develop programs that promote successful rehabilitation, reentry, and reintegration into the community;

(c) Repealed.

(d) To acquire or purchase equipment, raw materials, supplies, office space, insurance, and services and to engage the supervisory personnel necessary to establish and maintain the external programs and internal programs at the state's correctional institutions pursuant to law;

(e) To produce goods and services that are needed for the construction, operation, or maintenance of any office, department, institution, or agency supported in whole or in part by the state, any political subdivision of the state, or the federal government;

(f) (I) To sell goods and services, including capital construction items, produced by the internal programs to agencies supported in whole or in part by the state, any political subdivision of the state, other states or their political subdivisions, or the federal government; and

(II) To sell such goods to entities who have entered into financed purchase of an asset or certificate of participation agreements with any public entity enumerated in subsection (1)(f)(I) of this section pursuant to which such goods are used by such public entity;

(g) To adopt, have, and use a seal and to alter the same at its pleasure;

(h) To sue and be sued;

(i) To enter into any contract or agreement not inconsistent with this article or the laws of this state;

(j) To borrow money from the state treasury in an amount not to exceed three million dollars pursuant to section 24-75-203, C.R.S., for a period of time not to exceed ten years. All moneys borrowed, including principal and interest shall be repaid in nine equal annual installments, commencing after the first year. The three-million-dollar limit shall include any amounts loaned to correctional industries in supplemental appropriation bills passed prior to May 22, 1979.

(k) (I) To purchase, lease, trade, exchange, or otherwise acquire, maintain, and dispose of real property and personal property and any interest therein pursuant to law.

(II) to (IV) Repealed.

(V) As used in this paragraph (k), "real property" means land, including land under water, buildings, structures, fixtures, and improvements on land, any property appurtenant to or used in connection with land, and every estate, interest, privilege, easement, right-of-way, and other right in land, legal or equitable, including, without limiting the generality of the foregoing, rights-of-way, terms for years, and liens, charges, or encumbrances by way of judgment, mortgage, or otherwise, and the indebtedness secured by such liens. However, the term "real property" does not include leasehold interests.

(l) To accept grants or loans from the federal, the state, or any local government and to do all things necessary, not inconsistent with this article or any other laws of this state, in order to avail itself of such aid, assistance, and cooperation under any federal legislation;

(m) To enter into contracts, execute all instruments, and do all things necessary or convenient in the exercise of the powers granted in this article pursuant to law;

(n) To have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this article, which powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this article;

(o) To adopt rules and regulations pursuant to article 4 of title 24, C.R.S., consistent with the provisions of this article;

(p) To sell Colorado state flags produced by an internal program to retailers in this state at a price as near to the prevailing wholesale market price and quality as is practical and to individuals at retail price; however, the division must supply the requirements of state agencies and political subdivisions of the state before selling such flags as provided in this subsection (1)(p). The price of flags to state agencies and political subdivisions of this state must be determined pursuant to section 17-24-112.

(q) Repealed.

(r) To receive, repair, and distribute surplus property pursuant to the powers and duties provided in part 4 of article 82 of title 24, and to receive, repair, sell, or otherwise dispose of surplus state property as provided in section 17-24-106.6;

(s) To authorize and issue revenue bonds pursuant to the provisions of section 17-24-106.3;

(t) To establish and operate a canteen for the use and benefit of the inmates of state correctional facilities and to operate vending machines for the use of visitors to such facilities.

(2) Repealed.
C.R.S. § 17-27-103 — CO Code / Title 17 / Article 27 / Section 17-27-103
17-27-103. Community corrections boards - establishment - duties
Status: in_force

17-27-103. Community corrections boards - establishment - duties. (1) A community corrections board may be established by resolution or ordinance of a governing body, or a combination of governing bodies. Any community corrections board which is established may be advisory to the governing body or bodies which created such board or it may be functionally independent from the governing body or bodies. Pursuant to subsection (8) of this section, the governing body or bodies may delegate to the community corrections board the authority which such governing body or bodies have to approve or disapprove the establishment and operation of community corrections programs within the jurisdiction of such governing body or bodies. In addition, the governing body or bodies may delegate such other powers which the governing body or bodies possess to the community corrections board to accomplish the purposes of this article.

(2) A community corrections board shall have the authority to enter into contracts with the state of Colorado, receive grants from governmental and private sources, and receive court-authorized expense reimbursement related to community corrections programs. A community corrections board may designate a community corrections program or programs within the jurisdiction of such board to contract with the state of Colorado to provide services and supervision for offenders.

(3) A community corrections board may establish programs to be operated by a unit or units of local government, or an agency of state government, to accomplish the purposes of this article, or such board may contract with other units of local government, other community corrections boards, any agency of state government, or any community corrections program to provide supervision of and services for offenders.

(4) A community corrections board may establish and enforce standards for the operation of any community corrections program located within the physical boundaries of the jurisdiction of the governing body or bodies which created such board. The standards established by a community corrections board may exceed, but shall not conflict with, standards established for community corrections programs by the division of criminal justice of the department of public safety pursuant to section 17-27-108. The community corrections board shall, in coordination with state and local agencies, monitor community corrections programs within the jurisdiction of such board and oversee compliance with state and local standards. The community corrections board's oversight of the community corrections programs within the board's jurisdiction shall include the following:

(a) Making an assessment of the number of offenders who have escaped from custody as such term is described in section 17-27-106, which assessment shall be based on the reports prepared by the administrators of community corrections programs in accordance with section 17-27-104 (11);

(b) Determining compliance by community corrections programs with the recommendations made in audit reports prepared by the division of criminal justice in accordance with section 17-27-108.

(5) (a) A community corrections board has the authority to accept or reject any offender referred for placement in a community corrections program under the jurisdiction of such board. The community corrections board shall provide, in writing, acceptance criteria and screening procedures to each referring agency.

(b) To determine whether to accept or reject any offender, a community corrections board shall develop and use a structured, research-based decision-making process that combines professional judgment and actuarial risk and needs assessment tools.

(c) If a community corrections board or program denies an offender a community corrections transition placement, the board or program shall submit electronically to the department of corrections the reason for the denial and a suggested timeline for a subsequent referral within the period specified in section 18-1.3-301 (2)(e)(II). The department of corrections shall develop the method by which community corrections boards and programs can submit this information electronically and shall also provide this information to the inmate.

(d) A community corrections board shall expedite a decision to accept an offender who is a pregnant or postpartum defendant, as defined in section 18-1.3-103.7, if the pregnant or postpartum defendant did not raise the issue of the pregnancy or postpartum period prior to a request for community corrections placement.

(6) A community corrections board may establish conditions or guidelines for the conduct of offenders placed in any community corrections program operated within the physical boundaries of the jurisdiction of the governing body or bodies which created such board. Written copies of such conditions or guidelines shall be made available to offenders placed in community corrections programs under the jurisdiction of the community corrections board.

(7) A community corrections board has the authority to reject after acceptance the placement of any offender in a community corrections program within the jurisdiction of such board. If the referring agency does not provide an administrative review process relating to such rejection after acceptance, the community corrections board shall provide an administrative review process for any offender who is rejected after acceptance by such board. The community corrections board shall provide written notification of the rejection after acceptance of any offender to the referring agency and the administrator of the community corrections program in which the offender is placed.

(8) A governing body shall approve or disapprove the establishment and operation of all community corrections programs within the jurisdiction of such governing body, but such authority may be delegated to the community corrections board created by such governing body.

(9) A community corrections board may serve in a planning and coordinating capacity by advising the governing body which created such board and consulting with officials of state criminal justice agencies to improve local community corrections services.

(10) A community corrections board, and each individual member of such board, shall be immune from any civil liability for the performance of the duties of such board or such individual member as specified in this article, if such person was acting in good faith within the scope of such person's respective capacity, makes a reasonable effort to obtain the facts of the matter as to which action was taken, and acts in the reasonable belief that the action taken by such person was warranted by the facts.
C.R.S. § 17-26-129 — CO Code / Title 17 / Article 26 / Part 1 / Section 17-26-129
17-26-129. Applicability of provisions
Status: in_force

17-26-129. Applicability of provisions. The provisions of sections 17-26-107 and 17-26-108 shall not be applicable to any prisoner who is employed or detained outside of the jail under the provisions of section 18-1.3-106, C.R.S.
C.R.S. § 17-20-105 — CO Code / Title 17 / Article 20 / Section 17-20-105
17-20-105. Trusty prisoners - allowance
Status: repealed

17-20-105. Trusty prisoners - allowance. (Repealed)
C.R.S. § 17-1-145 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-145
17-1-145. Appropriation to comply with section 2-2-703 - HB 02S-1006
Status: repealed

17-1-145. Appropriation to comply with section 2-2-703 - HB 02S-1006. (Repealed)
C.R.S. § 17-2-304 — CO Code / Title 17 / Article 2 / Part 3 / Section 17-2-304
17-2-304. Interstate agreements
Status: in_force

17-2-304. Interstate agreements. The executive director is authorized to enter into contracts with similar officials of any other state, subject to approval of the governor, for the purpose of sharing an equitable portion of the cost of effecting the return of any person who has violated the terms and conditions of parole or probation as granted by this state.
C.R.S. § 17-26-304 — CO Code / Title 17 / Article 26 / Part 3 / Section 17-26-304
17-26-304. Screening in jails
Status: in_force

17-26-304. Screening in jails. (1) A local jail shall use an adequate screening tool to complete a health screening of each individual upon arrival at the facility by health-trained or qualified health-care personnel as part of the admission procedures. If a local jail is unable to perform a health screening on an individual due to intoxication or another reason that makes the person temporarily incapacitated, the jail shall document the reason for the delay in the health screening and shall complete the health screening no later than twenty-four hours after an individual's arrival at the facility. A local jail is not required to complete a health screening if prohibited by a court order. The screening includes at least the following:

(a) Inquiry into:

(I) Current and past illnesses, health conditions, or special health requirements;

(II) History of suicidal ideation or self-injurious behavior attempts; past or current serious mental illness, including hospitalizations; and history of special education;

(III) All legal and illegal drug use, including any current withdrawal symptoms;

(IV) Current or recent pregnancy;

(V) Serious neurocognitive issues such as past traumatic brain injuries or dementia; and

(VI) Present or past prescribed medications; and

(b) Observation of:

(I) General appearance and behavior, including state of consciousness, mental status, appearance, and conduct;

(II) Physical condition, including ease of movement;

(III) Evidence of abuse or trauma and the condition of the individual's skin, including bruises and lesions; and

(IV) Behavior, tremors, and sweating.

(2) An individual must not be placed in restrictive housing until the health screening required by subsection (1) of this section is complete and has been documented.

(3) If local jail personnel who are health-trained perform the screening, the personnel shall call a medical or mental health professional if indications of a positive screen are identified during the screening.
C.R.S. § 17-22.5-202 — CO Code / Title 17 / Article 22.5 / Part 2 / Section 17-22.5-202
17-22.5-202. Ticket to leave - discharge - clothes, money, transportation - reentry services
Status: repealed

17-22.5-202. Ticket to leave - discharge - clothes, money, transportation - reentry services. (1) Ten days prior to the date on which any inmate confined in a correctional facility is entitled to be discharged or to be paroled from said correctional facility, the executive director or the executive director's designee shall give such inmate a ticket of leave therefrom, which shall entitle the inmate to depart from said correctional facility. The executive director or the executive director's designee shall at the same time furnish such inmate with suitable clothing and may furnish transportation, at the expense of the state, from the place at which said correctional facility is located to the place of the inmate's residence in Colorado, or any other place in Colorado. The executive director or the executive director's designee shall also furnish to any inmate being discharged, other than a parolee, one hundred dollars. The executive director or the executive director's designee may furnish any inmate being released on parole a reasonable sum of money not to exceed one hundred dollars; except that, if the executive director or the executive director's designee furnishes less than one hundred dollars, the difference between one hundred dollars and the amount furnished shall be credited to an account for such parolee. Notwithstanding any other provision of this subsection (1), if the inmate has previously been returned to custody in a correctional facility after being paroled and before the completion of his or her period of parole and previously received such sum of money, the executive director or the executive director's designee shall not furnish a sum of money to the inmate. The executive director or the executive director's designee shall certify any amount so credited to the division of adult parole, and any such amount shall be distributed to an inmate in accordance with rules promulgated by the department.

(2) An inmate furnished with a ticket of leave for discharge shall be deemed to be fully discharged from the sentence upon which he was confined at the end of said ten-day period.

(3) Prior to the release from a correctional facility by discharge or parole of any person imprisoned for the commission of a child abuse offense which occurred within the state of Colorado, the executive director shall:

(a) Notify the Colorado bureau of investigation of:

(I) The identity of the offender; and

(II) The anticipated release date of the offender; and

(III) The last-known home address of the offender; and

(IV) The parole address of the offender; and

(V) The results of a chemical test of a sex offender's biological substance sample in accordance with paragraph (b.5) of this subsection (3);

(b) Notify the local law enforcement agency having jurisdiction over the last-known home address of the offender of:

(I) The identity of the offender; and

(II) The last-known home address of the offender; and

(III) The anticipated release date of the offender; and

(IV) The parole address of the offender;

(b.5) (I) On and after July 1, 1994, direct appropriate personnel with the department of corrections to require any offender who is released from the custody of the department of corrections having completed serving a sentence for an offense involving unlawful sexual behavior or for which the factual basis involved unlawful sexual behavior as defined in section 16-22-102 (9), C.R.S., who is under their jurisdiction to sign a notice that informs the offender of the duty to register with local law enforcement agencies in accordance with the provisions of article 22 of title 16, C.R.S. The same persons, after obtaining a signed notice from an offender, shall notify local law enforcement agencies where the offender plans to reside of the offender's address within forty-eight hours after an offender has been placed on parole or probation when such an address is provided in the signed notice. Department of corrections personnel shall provide such notice no later than two days before the offender is to be released from the department of corrections.

(II) Repealed.

(III) The department may use reasonable force to obtain a biological substance sample in accordance with section 16-11-102.4, C.R.S. In addition, any person who refuses to comply with section 16-11-102.4, C.R.S., may be denied parole, or, if such person has been granted parole, such parole may be revoked.

(c) Notify the local law enforcement agency having jurisdiction over the parole address of the offender if the parole address is not the same as the last-known home address of the offender of:

(I) The identity of the offender; and

(II) The anticipated release date of the offender; and

(III) The last-known home address of the offender; and

(IV) The parole address of the offender;

(d) Notify the victim or victims individually or through those persons with whom they reside of:

(I) The identity of the offender; and

(II) The anticipated release date of the offender; and

(III) The last-known home address of the offender; and

(IV) The parole address of the offender;

(e) Check with the Colorado bureau of investigation to determine whether there are any outstanding warrants for the arrest of any person confined for the commission of a Colorado child abuse offense and about to be released from a correctional facility, and, if so, said release shall be into the custody of the law enforcement agency issuing the warrant.

(3.5) Repealed.

(4) (a) If the victim of a child abuse crime under section 18-6-401, C.R.S., or a relative of the victim, if the victim has died or is a minor or is incapacitated, or any person requested by the victim to receive notice has requested notice from the parole board of any parole proceedings pursuant to section 17-2-214, relative to the person convicted of said crime, the executive director shall not be required to provide duplicate notice under paragraph (d) of subsection (3) of this section.

(b) The notice to the victim pursuant to paragraph (d) of subsection (3) of this section shall be sent by the department to the last-known address in the possession of the department, and the victim of the crime or a relative of the victim, if the victim has died or is a minor or is incapacitated, or any person requested by the victim to receive notice has the duty to keep the department informed of his or her most current address.

(5) A person discharged from a correctional facility without supervision is eligible to receive reentry support services from the department or community-based organizations that receive funding from the department to provide reentry services for up to one year after the person's date of discharge.
C.R.S. § 17-20-110 — CO Code / Title 17 / Article 20 / Section 17-20-110
17-20-110. Forfeiture for violation of rules
Status: repealed

17-20-110. Forfeiture for violation of rules. (Repealed)
C.R.S. § 17-40-103 — CO Code / Title 17 / Article 40 / Section 17-40-103
17-40-103. Examination of offenders - report
Status: in_force

17-40-103. Examination of offenders - report. (1) As soon as possible after July 1, 1974, each offender entering the diagnostic center shall receive appropriate diagnostic services, and each offender's treatment and employment needs shall be identified. Information provided pursuant to section 17-40-104 shall be considered in structuring the rehabilitation program. An offender shall be assigned to the assessment program for a period not to exceed sixty days; except that an offender may be held for an additional thirty days upon approval of the executive director. Upon completion of the recommended rehabilitation report, it shall be transmitted by the superintendent to the executive director, who, within fifteen days, shall cause the offender to be:

(a) Assigned to a correctional institution or to a program established pursuant to article 27.7 of this title, unless otherwise prohibited by law, based upon the examination and study of the offender; or

(b) Upon order of the court, returned to the court for the purpose of granting probation or other modification of sentence.

(2) A copy of the recommended rehabilitation report shall be shown and explained to the offender upon request; except that the executive director may withhold any information he deems to be detrimental to the rehabilitation of the offender.

(3) Nothing in this section shall be construed to restrict or deny the power of the court to grant an application for postconviction review pursuant to section 18-1-410, C.R.S.
C.R.S. § 17-27.1-101 — CO Code / Title 17 / Article 27.1 / Section 17-27.1-101
17-27.1-101. Nongovernmental facilities for offenders - registration - notifications - penalt
Status: repealed

17-27.1-101. Nongovernmental facilities for offenders - registration - notifications - penalties - definitions. (1) (a) The general assembly finds that the transfer into Colorado of persons that have been convicted of or have agreed to a deferred judgment, deferred sentence, or deferred prosecution for a crime in another state who are required to participate in private treatment programs in this state is a matter of statewide and local concern.

(b) The general assembly further finds that although Colorado is a signatory to the "Interstate Compact for Adult Offender Supervision" established pursuant to part 28 of article 60 of title 24, C.R.S., more information concerning out-of-state offenders is necessary for the protection of the citizens of Colorado, and it may be necessary to further regulate programs that provide treatment and services to such persons.

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

(a) (Deleted by amendment, L. 2011, (HB 11-1009), ch. 5, p. 9, § 1, effective March 1, 2011.)

(b) "Chief law enforcement official" means:

(I) If a facility of a private treatment program is located within a municipality, the chief of police of such municipality;

(II) If a facility of a private treatment program is located within a city and county, the manager of safety of such city and county or other person with such duties; and

(III) If a facility of a private treatment program is not located within a municipality or city and county, the county sheriff of the county where the facility is located.

(b.5) "Compact administrator" means the person appointed pursuant to the provisions of part 28 of article 60 of title 24, C.R.S., to be responsible for the administration of the interstate compact.

(c) "Interstate compact" means the "Interstate Compact for Adult Offender Supervision", part 28 of article 60 of title 24, C.R.S.

(d) "Private treatment program" means any residential or nonresidential program that provides services, treatment, rehabilitation, education, or criminal-history-related treatment for supervised or unsupervised persons in need of substance use treatment, sex offender management services, or domestic violence services required as part of the sending state's sentence. "Private treatment program" does not include a licensed behavioral health entity endorsed to provide crisis care or withdrawal management, a private contract prison facility, a prison facility operated by a political subdivision of the state, a facility providing treatment for persons with mental health disorders or intellectual and developmental disabilities, or a community corrections program established pursuant to article 27 of this title 17.

(e) "Sending state" shall have the same meaning as in the interstate compact.

(f) "Supervised person" means a person eighteen years of age or older who is adjudicated for or convicted of or has agreed to a deferred judgment, deferred sentence, or deferred prosecution for a crime in another state but is or will be under the supervision of a probation officer or community parole officer in Colorado pursuant to the interstate compact. "Supervised individual" does not include an individual charged with a crime, but not convicted and sentenced, in a sending state.

(g) "Supervising person" means the person in this state who is in charge of the overall administration of a private treatment program.

(h) "Unsupervised person" means a person eighteen years of age or older who, although not required to be under the jurisdiction of a probation officer or community parole officer in Colorado, is adjudicated for or convicted of or has agreed to a deferred judgment, deferred sentence, or deferred prosecution for a crime outside of the state of Colorado and is directed to attend a private treatment program in Colorado by any court, department of corrections, state board of parole, probation department, parole division, adult diversion program, or any other similar entity or program in a state other than Colorado. "Unsupervised individual" does not include an individual charged with a crime, but not convicted and sentenced, in a sending state.

(3) (a) In order to ensure uniformity and consistency, the sending state shall be in compliance with the provisions of the interstate compact, or the compact administrator shall reject the placement of the supervised person pursuant to subsection (6) of this section.

(b) A sending state shall not permit travel of a supervised person who is a nonresident of this state to the state of Colorado without written notification from the compact administrator of acceptance of the supervised person into a private treatment program when treatment is required by law or as part of the sending state's sentence.

(c) Any request for placement of a nonresident of this state in a private treatment program from a sending state shall contain written justification as to why treatment in the state of Colorado is preferable or more beneficial than treatment in the sending state.

(4) Repealed.

(5) A private treatment program in Colorado that admits or accepts a supervised or unsupervised person into the program shall, immediately following intake to the program, notify the supervised or unsupervised person of the person's need to register with the compact administrator and shall assist the supervised or unsupervised person in providing the person's name, date of birth, proof of identification, and any necessary release of information to the compact administrator immediately so the department may complete a complete criminal history records check of the person as shown by a national criminal information check.

(6) (a) The department shall, within forty-eight hours, run a complete criminal history records check on the individual and verify the person is a supervised or an unsupervised person. If the person is determined to be a supervised or an unsupervised person, the department shall immediately notify the private treatment program and the chief law enforcement official where the private treatment program is located and, if supervised, the person's probation or community parole officer, of the person's status.

(b) Pursuant to criteria established by the interstate compact, the compact administrator shall either accept or reject the placement of the supervised person in the private treatment program.

(c) (Deleted by amendment, L. 2000, p. 232, § 1, effective July 1, 2000.)

(d) For all unsupervised persons and for supervised persons that the compact administrator accepts for placement in a private treatment program, the compact administrator shall immediately notify the director of the Colorado bureau of investigation.

(7) The department shall notify the private treatment program and chief law enforcement official where the private treatment program is located if the person is determined to be a supervised or an unsupervised person.

(7.5) (a) A supervised or an unsupervised person may be required to appear at a law enforcement agency for fingerprinting and photographing. A probation department, the division of parole, or other agency responsible for supervising a supervised person is responsible for notifying the person of the fingerprinting and photographing requirement. The compact administrator shall arrange for notification to an unsupervised person of the fingerprinting and photographing requirement and may require authorities in the sending state to assist with notification. A law enforcement agency shall take photographs and fingerprints of a supervised or unsupervised person as required but may set reasonable limitations on the hours and location.

(b) For a supervised person, the private treatment program must be:

(I) Approved by the behavioral health administration in the department of human services if the program provides alcohol or substance use treatment to a supervised person if the treatment would be required if the offense had been committed in Colorado;

(II) Certified or approved by the sex offender management board, established in section 16-11.7-103, if the program provides sex offender treatment to a supervised person if the treatment would be required if the offense had been committed in Colorado;

(III) Certified or approved by the domestic violence offender management board, established in section 16-11.8-103, if the program provides treatment to a supervised person if the treatment for an offense if committed in Colorado would have been an act of domestic violence as defined in section 18-6-800.3, or of an act for which the underlying factual basis included an act of domestic violence; or

(IV) Licensed or certified by the division of adult parole in the department of corrections, the department of regulatory agencies, the behavioral health administration in the department of human services, the state board of nursing, or the Colorado medical board, if the program provides treatment that requires certification or licensure.

(c) (I) If the supervised person is a resident of the state of Colorado, the supervised person shall confirm that the sending state has provided all information concerning the supervised person required by the interstate compact to the compact administrator.

(II) If the supervised person is a nonresident of the state of Colorado, the supervised person shall confirm that the compact administrator has accepted the person for placement in the private treatment program.

(8) (a) The private treatment program shall immediately notify the chief law enforcement official where the program is located and, if supervised, the person's probation or community parole officer whenever any person directed to appear in a facility operated by the program fails to appear or is absent without authority.

(b) The private treatment program shall notify the chief law enforcement official where the program is located and, if supervised, the person's probation or community parole officer at least seven days prior to the release of any person placed in such program.

(9) (a) Any private treatment program or supervising person that violates this section may be reported to the appropriate licensing, certifying, or approving agency responsible for oversight of the private treatment program for potential corrective action.

(b) (Deleted by amendment, L. 2023.)

(10) (a) In addition to any other duties, the compact administrator may promulgate rules governing unsupervised persons including but not limited to their identification.

(b) (Deleted by amendment, L. 2000, p. 232, § 1, effective July 1, 2000.)

(11) Nothing in this section shall be deemed to prohibit any unit of local government, as defined in section 17-27-102 (8), from enacting ordinances and regulations concerning the licensing of private treatment programs located within their jurisdiction and providing for the punishment for the operation of unlicensed private treatment programs.

(12) (Deleted by amendment, L. 2000, p. 232, § 1, effective July 1, 2000.)

(13) The department shall periodically update the out-of-state offender questionnaire used by private treatment providers. In updating the questionnaire, the department shall engage stakeholders, including, but not limited to, the behavioral health administration in the department of human services, substance use treatment providers, law enforcement, the office of the state public defender, and other concerned stakeholders.
C.R.S. § 17-40-108 — CO Code / Title 17 / Article 40 / Section 17-40-108
17-40-108. Brain injury pilot program - report - repeal
Status: repealed

17-40-108. Brain injury pilot program - report - repeal. (1) Subject to available appropriations, the department shall implement the brain injury pilot program, referred to in this section as the "pilot program". The purpose of the pilot program is to evaluate outcomes for individuals with a brain injury who received screening and support while in the criminal justice system. As a part of the pilot program, the department shall provide a screening evaluation for a brain injury for all offenders at one correctional institution.

(2) Notwithstanding section 24-1-136 (11)(a)(I) to the contrary, on or before January 1, 2022, and each January 1 thereafter, the department shall submit a report to the judiciary committees of the senate and the house of representatives, or any successor committees, regarding the implementation of the pilot program. The report must include, if available:

(a) Best practices for screening individuals for a brain injury upon intake and reentry;

(b) Best practices for training staff on the symptoms and significance of a brain injury;

(c) Best practices for providing the services described in section 26-1-304 within the criminal justice system to individuals who screen positive for a brain injury;

(d) Best practices for providing accommodations within the criminal justice system to individuals who screen positive for a brain injury; and

(e) Identification or recommendation of additional services that may be necessary to support individuals in the criminal justice system who screen positive for a brain injury.

(3) The department may contract with medical or behavioral health professionals to administer brain injury screenings and deliver the services described in section 26-1-304.

(4) This section is repealed, effective June 30, 2026.
C.R.S. § 17-22.5-404.7 — CO Code / Title 17 / Article 22.5 / Part 4 / Section 17-22.5-404.7
17-22.5-404.7. Presumption of parole - nonviolent offenders with ICE detainers
Status: in_force

17-22.5-404.7. Presumption of parole - nonviolent offenders with ICE detainers. (1) There shall be a presumption, subject to the final discretion of the parole board, in favor of granting parole to an inmate who has reached his or her parole eligibility date and who:

(a) Has been assessed by the Colorado risk assessment scale developed pursuant to section 17-22.5-404 (2)(a), to be medium risk or below of reoffense;

(b) Is not serving a sentence for a felony crime described in section 18-3-303, 18-3-306, or 18-6-701, C.R.S.; sections 18-7-402 to 18-7-407, C.R.S.; or section 18-12-102 or 18-12-109, C.R.S.; section 18-17-104, C.R.S., or section 18-18-407, C.R.S.; or a felony crime listed in section 24-4.1-302 (1), C.R.S.; and

(c) Has an active detainer lodged by the United States immigration and customs enforcement agency.

(2) In determining whether to grant parole pursuant to provisions of subsection (1) of this section, the board shall consider the cost of incarceration to the state of Colorado in relation to the needs of further confinement of the inmate to achieve the purpose of the inmate's sentence.

(3) (a) The state board of parole may release an eligible inmate, pursuant to subsection (1) of this section, only to the custody of the United States immigration and customs enforcement agency or other law enforcement agency with authority to execute the detainer on behalf of the United States immigration and customs enforcement agency.

(b) If the United States immigration and customs enforcement agency withdraws the detainer or declines to take the inmate into custody, the state board of parole shall hold a recission hearing to reconsider the granting of parole to the inmate.

(c) If the United States immigration and customs enforcement agency issues an order of deportation for the inmate, the department of corrections shall submit a request to the state board of parole to discharge parole.

(d) A denial of parole by the state board of parole pursuant to this section shall not affect an inmate's eligibility for another form of parole or release applicable under law.

(4) The board may consider the application for parole pursuant to the proceedings set forth in section 17-2-201 (4)(f) or 17-2-201 (9)(a).

(5) For inmates who were parole eligible before May 23, 2011, the department shall notify the state board of parole of any of those inmates who meet the criteria listed in subsection (1) of this section, and the board shall either set a release hearing or conduct a release review within ninety days after May 23, 2011.
C.R.S. § 17-20-108 — CO Code / Title 17 / Article 20 / Section 17-20-108
17-20-108. Credits forfeited upon misbehavior
Status: repealed

17-20-108. Credits forfeited upon misbehavior. (Repealed)
C.R.S. § 17-20-109 — CO Code / Title 17 / Article 20 / Section 17-20-109
17-20-109. Sections affect only certain prisoners
Status: repealed

17-20-109. Sections affect only certain prisoners. (Repealed)
C.R.S. § 17-24-109 — CO Code / Title 17 / Article 24 / Section 17-24-109
17-24-109. Required programs
Status: repealed

17-24-109. Required programs. (1) The division shall establish programs that provide license plates and highway signs for the state.

(2) Repealed.

(3) All vocational training programs, personnel, inventories, and equipment shall be resources dedicated to the establishment of the correctional industries program.

(4) The executive director shall designate a portion of the real property at each correctional institution as an industry area, and all facilities and buildings within this area are assigned to the division in cooperation with the division of adult parole. The responsibility for the upkeep of these facilities, buildings, and grounds is vested in the division.
C.R.S. § 17-22.5-407 — CO Code / Title 17 / Article 22.5 / Part 4 / Section 17-22.5-407
17-22.5-407. Genetic testing as condition of parole - repeal
Status: repealed

17-22.5-407. Genetic testing as condition of parole - repeal. (Repealed)
C.R.S. § 17-1-150 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-150
17-1-150. Appropriation to comply with section 2-2-703 - HB 04-1016 - repeal
Status: repealed

17-1-150. Appropriation to comply with section 2-2-703 - HB 04-1016 - repeal. (Repealed)
C.R.S. § 17-27-105 — CO Code / Title 17 / Article 27 / Section 17-27-105
17-27-105. Authority to place offenders in community corrections programs
Status: repealed

17-27-105. Authority to place offenders in community corrections programs. (Repealed)
C.R.S. § 17-1-155 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-155
17-1-155. Appropriation to comply with section 2-2-703 - HB 06-1011 - repeal
Status: repealed

17-1-155. Appropriation to comply with section 2-2-703 - HB 06-1011 - repeal. (Repealed)
C.R.S. § 17-1-127 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-127
17-1-127. Appropriation to comply with section 2-2-703 - HB 00-1158
Status: repealed

17-1-127. Appropriation to comply with section 2-2-703 - HB 00-1158. (Repealed)
C.R.S. § 17-22.5-404 — CO Code / Title 17 / Article 22.5 / Part 4 / Section 17-22.5-404
17-22.5-404. Parole guidelines - definition
Status: in_force

17-22.5-404. Parole guidelines - definition. (1) The general assembly hereby finds that:

(a) The risk of reoffense shall be the central consideration by the state board of parole in making decisions related to the timing and conditions of release on parole or revocation of parole;

(b) Research demonstrates that actuarial risk assessment tools can predict the likelihood or risk of reoffense with significantly greater accuracy than professional judgment alone. Evidence-based correctional practices prioritize the use of actuarial risk assessment tools to promote public safety. The best outcomes are derived from a combination of empirically based actuarial tools and clinical judgment.

(c) Although the state board of parole is made up of individuals, using structured decision-making unites the parole board members with a common philosophy and set of goals and purposes while retaining the authority of individual parole board members to make decisions that are appropriate for particular situations. Evidence-based correctional practices support the use of structured decision-making.

(d) Structured decision-making by the state board of parole provides for greater accountability, standards for evaluating outcomes, and transparency of decision-making that can be better communicated to victims, offenders, other criminal justice professionals, and the community; and

(e) An offender's likelihood of success may be increased by aligning the intensity and type of parole supervision, conditions of release, and services with assessed risk and need level.

(2) (a) The division of criminal justice in the department of public safety shall develop the Colorado risk assessment scale to be used by the state board of parole in considering inmates for release on parole. The risk assessment scale shall include criteria that statistically have been shown to be good predictors of the risk of reoffense. The division of criminal justice shall validate the Colorado risk assessment scale at least every five years or more often if the predictive accuracy, as determined by data collection and analysis, falls below an acceptable level of predictive accuracy as determined by the division of criminal justice, the state board of parole, and the division of adult parole in the department of corrections.

(b) The division of criminal justice, the department of corrections, and the state board of parole shall cooperate to develop parole board action forms consistent with this section that capture the rationale for decision-making that shall be published as official forms of the department of corrections. Victim identity and input shall be protected from display on the parole board action form or any parole hearing report that may become a part of an inmate record.

(c) The division of criminal justice, in cooperation with the department of corrections and the state board of parole, shall provide training on the use of the administrative release guideline instrument developed pursuant to section 17-22.5-107 (1) and the Colorado risk assessment scale to personnel of the department of corrections, the state board of parole, administrative hearing officers, and release hearing officers. The division shall conduct the training on a semiannual basis.

(d) The department of corrections, in cooperation with the state board of parole, shall provide training on the use of the administrative revocation guidelines developed pursuant to section 17-22.5-107 (2) to personnel of the department of corrections, the state board of parole, and administrative hearing officers. The department shall conduct the training semiannually.

(3) For a person sentenced for a class 2, class 3, class 4, class 5, or class 6 felony or level 1, level 2, level 3, or level 4 drug felony who is eligible for parole pursuant to section 17-22.5-403, or a person who is eligible for parole pursuant to section 17-22.5-403.7, the state board of parole may consider all applications for parole, as well as all persons to be supervised under any interstate compact. The state board of parole may parole any person who is sentenced or committed to a correctional facility when the board determines, by using, where available, evidence-based practices and the guidelines established by this section, that there is a reasonable probability that the person will not violate the law while on parole and that the person's release from institutional custody is compatible with public safety and the welfare of society. The state board of parole shall first consider the risk of reoffense in every release decision it makes.

(4) (a) In considering offenders for parole, the state board of parole shall consider the totality of the circumstances, which include, but need not be limited to, the following factors:

(I) The testimony or written statement from the victim of the crime, or a relative of the victim, or a designee, pursuant to section 17-2-214;

(II) The actuarial risk of reoffense;

(III) The offender's assessed criminogenic need level;

(IV) The offender's program or treatment participation and progress;

(V) The offender's institutional conduct;

(VI) The adequacy of the offender's parole plan;

(VII) Whether the offender while under sentence has threatened or harassed the victim or the victim's family or has caused the victim or the victim's family to be threatened or harassed, either verbally or in writing;

(VIII) Aggravating or mitigating factors from the criminal case;

(IX) The testimony or written statement from a prospective parole sponsor, employer, or other person who would be available to assist the offender if released on parole;

(X) Whether the offender had previously absconded or escaped or attempted to abscond or escape while on community supervision; and

(XI) Whether the offender successfully completed or worked toward completing a high school diploma, a high school equivalency examination, as defined in section 22-33-102 (8.5), C.R.S., or a college degree during his or her period of incarceration.

(b) The state board of parole shall use the Colorado risk assessment scale that is developed by the division of criminal justice in the department of public safety pursuant to paragraph (a) of subsection (2) of this section in considering inmates for release on parole.

(c) (I) Except as provided in subparagraph (II) of this paragraph (c), the state board of parole shall also use the administrative release guideline instrument developed pursuant to section 17-22.5-107 (1) in evaluating an application for parole.

(II) The administrative release guideline instrument shall not be used in considering those inmates classified as sex offenders with indeterminate sentences for whom the sex offender management board pursuant to section 18-1.3-1009, C.R.S., has established separate and distinct release guidelines. The sex offender management board in collaboration with the department of corrections, the judicial department, the division of criminal justice in the department of public safety, and the state board of parole shall develop a specific sex offender release guideline instrument for use by the state board of parole for those inmates classified as sex offenders with determinate sentences.

(5) (a) In conducting a parole revocation hearing, the state board of parole and the administrative hearing officer shall consider, where available, evidence-based practices and shall consider, but need not be limited to, the following factors:

(I) A determination by the state board of parole that a parolee committed a new crime while on parole, if applicable;

(II) The parolee's actuarial risk of reoffense;

(III) The seriousness of the technical violation, if applicable;

(IV) The parolee's frequency of technical violations, if applicable;

(V) The parolee's efforts to comply with a previous corrective action plan or other remediation plan required by the state board of parole or parole officer;

(VI) The imposition of intermediate sanctions by the parole officer in response to the technical violations that may form the basis of the complaint for revocation; and

(VII) Whether modification of parole conditions is appropriate and consistent with public safety in lieu of revocation.

(b) The state board of parole shall use the administrative revocation guidelines developed pursuant to section 17-22.5-107 (2), in evaluating complaints filed for parole revocation.

(c) The state board of parole or the administrative hearing officer shall not revoke parole for a technical violation unless the board or administrative hearing officer determines on the record that appropriate intermediate sanctions have been utilized and have been ineffective or that the modification of conditions of parole or the imposition of intermediate sanctions is not appropriate or consistent with public safety and the welfare of society.

(6) (a) The state board of parole shall work in consultation with the division of criminal justice in the department of public safety and the department of corrections to develop and implement a process to collect and analyze data related to the basis for and the outcomes of the board's parole decisions. The process shall collect data related to the board's rationale for granting, revoking, or denying parole. Any information relating to victim identification or victim input that is identifiable to an individual defendant or case shall be maintained, but kept confidential and released only to other government agencies, pursuant to a nondisclosure agreement, for the purpose of analysis and reporting, pursuant to paragraph (c) of this subsection (6). When the board grants parole, the process shall also collect data related to whether the offender has previously recidivated, the type of reentry program given to the offender as a part of the offender's parole plan, and whether the offender recidivates while on parole.

(b) The state board of parole shall also determine whether a decision granting, revoking, or denying parole conformed with or departed from the administrative guidelines created pursuant to sections 17-22.5-107 and 16-11.7-103 (4)(m) and, if the decision was a departure from the guidelines, the reason for the departure. The data collected pursuant to this subsection (6) are subject to the same victim protections described in subsection (4)(a) of this section.

(c) The state board of parole shall provide the data collected pursuant to this subsection (6) to the division of criminal justice in the department of public safety for analysis. The division of criminal justice shall analyze the data received pursuant to this paragraph (c) and shall provide its analysis to the board. The board and the division of criminal justice shall use the data and analysis to identify specific factors that are important in the decision-making process.

(d) The division of criminal justice in the department of public safety shall provide the state board of parole with training regarding how to use the data obtained and analyzed pursuant to paragraph (c) of this subsection (6) to facilitate the board's future decision-making.

(e) (I) Notwithstanding section 24-1-136 (11)(a), C.R.S., on or before March 31, 2017, and on or before March 31 each year thereafter, the state board of parole and the division of criminal justice in the department of public safety shall issue a report to the general assembly regarding outcomes of decisions by the state board of parole. The data must be reported to the general assembly only in the aggregate.

(II) (Deleted by amendment, L. 2011, (SB 11-241), ch. 200, p. 838, § 7, effective May 23, 2011.)

(7) The department of corrections, the state board of parole, the division of adult parole, and the division of criminal justice in the department of public safety shall cooperate in implementing all aspects of this section.

(8) This section shall apply to any person to whom section 17-22.5-303.5, as it existed prior to May 18, 1991, would apply pursuant to the operation of section 17-22.5-406, because the provisions of such sections are substantially similar.

(9) For purposes of this section, "technical violation" means a violation of a condition of parole that is not a conviction for a new criminal offense or not determined by the state board of parole to be a commission of a new criminal offense.
C.R.S. § 17-1-154 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-154
17-1-154. Appropriation to comply with section 2-2-703 - HB 06-1151 - repeal
Status: repealed

17-1-154. Appropriation to comply with section 2-2-703 - HB 06-1151 - repeal. (Repealed)
C.R.S. § 17-2-303 — CO Code / Title 17 / Article 2 / Part 3 / Section 17-2-303
17-2-303. Deputization
Status: in_force

17-2-303. Deputization. Any deputization pursuant to section 17-2-302 shall be in writing, and any person authorized to act as an agent of this state pursuant to this part 3 shall carry formal evidence of his deputization and shall produce the same upon demand.
C.R.S. § 17-26-112 — CO Code / Title 17 / Article 26 / Part 1 / Section 17-26-112
17-26-112. Sheriff to keep record
Status: repealed

17-26-112. Sheriff to keep record. (Repealed)
C.R.S. § 17-2-204 — CO Code / Title 17 / Article 2 / Part 2 / Section 17-2-204
17-2-204. Parole may issue - when
Status: in_force

17-2-204. Parole may issue - when. (1) The board, pursuant to rules and regulations, may issue a parole or permit to go at large to any inmate who now is imprisoned in a correctional facility and who may have served the minimum term pronounced by the court or, in the absence of such minimum term pronounced by the court, the minimum term provided by law for the crime for which he was convicted.

(2) (a) Any inmate who does not wish to be considered for parole shall sign a waiver witnessed by an institutional supervisory employee no later than thirty days prior to the date of the scheduled parole hearing. Except as otherwise provided in this subsection (2), any waiver signed by an inmate in accordance with this subsection (2) shall become effective on the date of signing and shall remain in effect for six months after the date of the scheduled parole hearing. The inmate may not withdraw such waiver or submit an application for parole at any time during the six-month period.

(b) Notwithstanding the provisions of paragraph (a) of this subsection (2), an inmate who waives parole consideration may, no later than thirty days prior to the date of the scheduled parole hearing, make a written request that the six-month waiver period be shortened to a lesser period of time. Such request shall specifically state grounds constituting sufficient and reasonable cause as to why the six-month waiver period should be shortened. Such request shall also specifically state the lesser period of time being requested by the inmate. The chairperson of the board, vice-chairperson of the board, or the designee of either, in his or her discretion, shall grant or deny the inmate's request for the shortened waiver period made under this paragraph (b).

(c) If the inmate's request for the shortened waiver period is made and granted in accordance with paragraph (b) of this subsection (2), the inmate may not, at any time prior to the date of the rescheduled parole hearing, make another such request. In the event such inmate is not prepared for or otherwise not ready to proceed at the rescheduled parole hearing, the inmate shall be deemed to have waived parole consideration for a period of six months following the date of such hearing.
C.R.S. § 17-2-201 — CO Code / Title 17 / Article 2 / Part 2 / Section 17-2-201
17-2-201. State board of parole - duties - definitions
Status: repealed

17-2-201. State board of parole - duties - definitions. (1) (a) There is created the state board of parole, referred to in this part 2 as the "board", which consists of nine members. The board is a type 1 entity, as defined in section 24-1-105. The members of the board are appointed by the governor and confirmed by the senate, and they shall devote their full time to their duties as members of the board. The members are appointed for three-year terms; except that the terms shall be staggered so that no more than three members' terms expire in the same year. A member may serve consecutive terms. The governor may remove a board member for incompetency, neglect of duty, malfeasance in office, continued failure to use the risk assessment guidelines as required by section 17-22.5-404, or failure to regularly attend meetings as determined by the governor. Final conviction of a felony during the term of office of a board member automatically disqualifies the member from further service on the board. The board is composed of representatives from multidisciplinary areas of expertise. Two members must have experience in law enforcement, and one member must have experience in offender supervision, including parole, probation, or community corrections. Six members must have experience in other relevant fields. Each member of the board must have a minimum of five years of experience in a relevant field and knowledge of parole laws and guidelines, rehabilitation, correctional administration, the functioning of the criminal justice system, issues associated with victims of crime, the duties of board members, and actuarial risk assessment instruments and other offender assessment instruments used by the board and the department of corrections. A person who has been convicted of a felony or of a misdemeanor involving moral turpitude or who has any financial interests that conflict with the duties of a member of the board is ineligible for appointment.

(b) to (c.2) Repealed.

(d) The governor may appoint a temporary member to replace any member of the board who becomes temporarily incapacitated. Such temporary member shall not require senate confirmation unless he serves for a period longer than ninety days and shall serve at the pleasure of the governor or until the incapacitated member of the parole board is able to resume his duties. Any temporary member shall assume all the powers and duties of the incapacitated member. Any such temporary member shall have the same qualifications as a permanent member as defined in paragraph (a) of this subsection (1). The board may not have more than two temporary members at any time.

(e) Each board member shall complete a minimum of twenty hours of continuing education or training every year in order to maintain proficiency and to remain current on changes in parole laws and developments in the field. Each parole board member shall submit to the chairperson proof of attendance and details regarding any continuing education or training attended including the date, place, topic, the length of the training, the trainer's name, and any agency or organizational affiliation. Members may attend trainings individually or as part of a specific training offered to the parole board as a whole. The sole remedy for failure to comply with training and data collection requirements shall be removal of the board member by the governor, and the failure to comply with training and data collection requirements shall not create any right for any offender.

(2) The governor shall appoint one of the members of the board as the chairperson of the board and shall also appoint one of the members as the vice-chairperson. Such appointments are subject to change by the governor. The chairperson shall be the administrative head of the board. The chairperson shall assure that board policy and rules and regulations are enforced. The chairperson shall also assure that proper calendars for hearings are compiled and that members are assigned to conduct such hearings. The vice-chairperson shall act in the absence of the chairperson and may fulfill such administrative duties as are delegated by the chairperson.

(3) The chairperson, in addition to other provisions of law, has the following powers and duties:

(a) To promulgate rules governing the granting and revocation of parole, including special needs parole pursuant to section 17-22.5-403.5, from correctional facilities where adult offenders are confined and the fixing of terms of parole and release dates. All rules governing the granting and revocation of parole promulgated by the chairperson shall be subject to the approval of a majority of the board and shall be promulgated pursuant to the provisions of section 24-4-103, C.R.S.

(b) To promulgate rules for the conduct of board members, the procedures for board hearings, and procedures for the board to comply with state fiscal and procurement regulations. All administrative rules and regulations promulgated by the chairperson shall be promulgated pursuant to the provisions of section 24-4-103, C.R.S.

(c) To develop and update a written operational manual for parole board members, release hearing officers, and administrative hearing officers under contract with the board by December 31, 2012. The operational manual shall include, but need not be limited to, board policies and rules, a summary of state laws governing the board, and all administrative release and revocation guidelines that the parole board is required to use. The chairperson will ensure that all new parole board members receive training and orientation on the operational manual.

(c.5) (Deleted by amendment, L. 2011, (SB 11-241), ch. 200, p. 833, § 3, effective May 23, 2011.)

(d) To adopt a policy pursuant to which the board may conduct parole hearings, parole revocation hearings, and board meetings using video teleconferencing technology. At a minimum, the policy shall identify:

(I) The agenda items, if any, that the board may not consider during video teleconferences of hearings or meetings;

(II) The correctional facilities that the chairperson determines will be accessible via video teleconferencing for purposes of conducting hearings or meetings. In identifying such correctional facilities, the chairperson may include the Colorado mental health institute at Pueblo for purposes of hearings held at the institute pursuant to subsection (10) of this section.

(e) To ensure that parole board members, release hearing officers, and administrative hearing officers under contract with the board fulfill the annual training requirements described in paragraph (e) of subsection (1) of this section and in section 17-2-202.5. The chairperson shall notify the governor if any board member, release hearing officer, or administrative hearing officer fails to comply with the training requirements.

(f) To ensure that parole board members, release hearing officers, and administrative hearing officers under contract with the board are accurately collecting data and information on his or her decision-making as required by section 17-22.5-404 (6). The chairperson shall notify the governor immediately if any board member, release hearing officer, or administrative hearing officer fails to comply with data collection requirements.

(g) To conduct an annual comprehensive review of board functions to identify workload inefficiencies and to develop strategies or recommendations to address any workload inefficiencies;

(h) (I) To contract with licensed attorneys to serve as administrative hearing officers to conduct parole revocation hearings pursuant to rules adopted by the parole board; or

(II) To appoint an administrative law judge pursuant to the provisions of section 24-30-1003, C.R.S., to conduct parole revocation hearings pursuant to the rules and regulations promulgated pursuant to this subsection (3). Any references to the board regarding parole revocation hearings or revocation of parole shall include an administrative law judge appointed pursuant to this paragraph (h).

(h.1) To contract with qualified individuals to serve as release hearing officers:

(I) To conduct parole application hearings for inmates convicted of class 4, class 5, or class 6 felonies or level 3 or level 4 drug felonies who have been assessed to be less than high risk by the Colorado risk assessment scale developed pursuant to section 17-22.5-404 (2)(a), or hearings pursuant to subsection (19) of this section pursuant to rules adopted by the parole board; and

(II) To set parole conditions for inmates eligible for release to mandatory parole.

(3.5) Notwithstanding section 24-1-136 (11)(a)(I), the chairperson shall annually make a presentation to the judiciary committees of the house of representatives and the senate, or any successor committees, regarding the operations of the board.

(3.7) (a) Notwithstanding any other provision in this section, an inmate is not eligible for parole if the inmate:

(I) Has been convicted of a class 1 code of penal discipline violation within the twelve months preceding his or her next ordinarily scheduled parole hearing; or

(II) Has, within the twelve months preceding his or her next ordinarily scheduled parole hearing, declined in writing to participate in programs that have been recommended and made available to the inmate.

(b) An inmate who is described by subparagraph (I) or (II) of paragraph (a) of this subsection (3.7) may be eligible for parole when the applicable condition has not been in effect for the preceding twelve months.

(c) If two schedules with different parole application hearing dates apply to the same inmate, the board shall give effect to the schedule that includes the later parole application hearing date.

(d) The board shall provide victim notification in accordance with section 24-4.1-302.5, C.R.S., for all parole application hearings for which the inmate is eligible for parole, as such eligibility is determined pursuant to the provisions of this section.

(e) As used in this subsection (3.7), "eligible for parole" means an inmate is eligible to make application to the board for parole and includes an inmate's initial application as well as any subsequent application for parole review or reconsideration.

(4) The board has the following powers and duties:

(a) To meet as often as necessary every month to consider all applications for parole. The board may parole any person who is sentenced or committed to a correctional facility when such person has served his or her minimum sentence, less time allowed for good behavior, and there is a strong and reasonable probability that the person will not thereafter violate the law and that release of such person from institutional custody is compatible with the welfare of society. If the board refuses an application for parole, the board shall reconsider the granting of parole to such person within one year thereafter, or earlier if the board so chooses, and shall continue to reconsider the granting of parole each year thereafter until such person is granted parole or until such person is discharged pursuant to law; except that, if the person applying for parole was convicted of any class 3 sexual offense described in part 4 of article 3 of title 18, C.R.S., a habitual criminal offense as defined in section 18-1.3-801 (2.5), C.R.S., or of any offense subject to the requirements of section 18-1.3-904, C.R.S., the board need only reconsider granting parole to such person once every three years, until the board grants such person parole or until such person is discharged pursuant to law, or if the person applying for parole was convicted of a class 1 or class 2 felony that constitutes a crime of violence, as defined in section 18-1.3-406, C.R.S., the board need only reconsider granting parole to such person once every five years, until the board grants such person parole or until such person is discharged pursuant to law.

(b) To conduct hearings on parole revocations as required by section 17-2-103. Such hearings shall be exempt from the requirements set forth in section 24-4-105, C.R.S. Judicial review of any revocation of parole shall be held pursuant to section 18-1-410 (1)(h), C.R.S.

(c) To issue, pursuant to rules and regulations, an order of exigent circumstances to place an offender under parole supervision immediately upon release from a correctional facility when the board is prevented from complying with publication and interview requirements due to the application of time served prior to confinement in a correctional facility and the operation of good time credits;

(d) To carry out the duties prescribed in article 11.5 of title 16, C.R.S.;

(e) To carry out the duties prescribed in article 11.7 of title 16, C.R.S.;

(f) (I) To conduct an initial or subsequent parole release review in lieu of a hearing, without the presence of the inmate, if:

(A) The application for release is for special needs parole pursuant to section 17-22.5-403.5, and victim notification is not required pursuant to section 24-4.1-302.5;

(B) A detainer from the United States immigration and customs enforcement agency has been filed with the department, the inmate meets the criteria for the presumption of parole in section 17-22.5-404.7, and victim notification is not required pursuant to section 24-4.1-302.5;

(C) The inmate has a statutory discharge date or mandatory release date within six months after his or her next ordinarily scheduled parole hearing and victim notification is not required pursuant to section 24-4.1-302.5;

(D) The inmate is assessed to be a low or very low risk on the validated risk assessment instrument developed pursuant to section 17-22.5-404 (2), the inmate meets readiness criteria established by the board, and victim notification is not required pursuant to section 24-4.1-302.5; or

(E) The inmate is subject to subsection (19) of this section.

(II) The board shall notify the inmate's case manager if the board decides to conduct a parole release review without the presence of the inmate, and the case manager shall notify the inmate of the board's decision. The case manager may request that the board reconsider and conduct a hearing with the inmate present.

(4.5) The board may grant, deny, defer, suspend, revoke, or specify or modify the conditions of any parole for any defendant committed to the department of corrections in a manner that is in the best interests of the defendant and the public.

(5) (a) As to any person sentenced for conviction of a felony committed prior to July 1, 1979, or of a misdemeanor and as to any person sentenced for conviction of an offense involving unlawful sexual behavior or for which the factual basis involved an offense involving unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S., committed prior to July 1, 1996, or a class 1 felony and as to any person sentenced as a habitual criminal pursuant to section 18-1.3-801, C.R.S., for an offense committed prior to July 1, 2003, the board has the sole power to grant or refuse to grant parole and to fix the condition thereof and has full discretion to set the duration of the term of parole granted, but in no event shall the term of parole exceed the maximum sentence imposed upon the inmate by the court or five years, whichever is less; except that the five-year limitation shall not apply to parole granted pursuant to section 17-22.5-403.7 for a class 1 felony.

(a.3) (I) Any person sentenced as a habitual criminal pursuant to section 18-1.3-801 (1.5) or (2) for an offense committed on or after July 1, 2003, shall be subject to the mandatory parole set forth in section 18-1.3-401 (1)(a)(V)(A), 18-1.3-401 (1)(a)(V)(A.1), or 18-1.3-401.5 for the class or level of felony of which the person is convicted.

(II) As to any person sentenced as a habitual criminal pursuant to section 18-1.3-801 (1) or (2.5), C.R.S., for an offense committed on or after July 1, 2003, upon completion of forty calendar years of incarceration in the department of corrections, the parole board may schedule a hearing to determine whether the inmate may be released on parole. If the inmate is released on parole, the life sentence shall continue and shall not be deemed to be discharged until such time as the parole board may discharge the offender. The offender shall serve at least five years on parole prior to discharge. If the parole board revokes the parole, the offender shall be returned to the department of corrections to serve the remainder of the life sentence. The parole board need only reconsider granting parole to such inmate once every three years.

(a.5) Except as otherwise provided in paragraph (a.7) of this subsection (5), as to any person sentenced for conviction of an offense involving unlawful sexual behavior or for which the factual basis involved an offense involving unlawful sexual behavior as defined in section 16-22-102 (9), C.R.S., committed on or after July 1, 1996, but prior to July 1, 2002, the board has the sole power to grant or refuse to grant parole and to fix the condition thereof and has full discretion to set the duration of the term of parole granted, but in no event shall the term of parole exceed the maximum sentence imposed upon the inmate by the court.

(a.6) As to any person who is sentenced for conviction of an offense committed on or after July 1, 2002, involving unlawful sexual behavior, as defined in section 16-22-102 (9), or for conviction of an offense committed on or after July 1, 2002, the underlying factual basis of which involved unlawful sexual behavior, and who is not subject to the provisions of part 10 of article 1.3 of title 18, such person shall be subject to the mandatory period of parole set forth in section 18-1.3-401 (1)(a)(V)(A) or 18-1.3-401 (1)(a)(V)(A.1).

(a.7) As to any person sentenced for conviction of a sex offense pursuant to the provisions of part 10 of article 1.3 of title 18, C.R.S., committed on or after November 1, 1998, the board shall grant parole or refuse to grant parole, fix the conditions thereof, and set the duration of the term of parole granted pursuant to the provisions of part 10 of article 1.3 of title 18, C.R.S.

(b) (I) Conditions imposed for parole may include, but are not limited to, placing the offender on home detention as defined in section 18-1.3-106 (1.1).

(II) The board shall not revoke parole for lack of payment of parole supervision fees.

(c) (I) As a condition of parole, the board shall order that the offender make restitution to the victim or victims of his or her conduct if such restitution has been ordered by the court pursuant to article 18.5 of title 16. The order must require the offender to make restitution within the period of time that the offender is on parole as specified by the board. In the event that the defendant does not make full restitution by the date specified by the board, the restitution may be collected as provided for in article 18.5 of title 16.

(II) Except if the offender is subject to subsection (19) of this section, if the offender fails to pay the restitution, he or she may be returned to the board and, upon proof of failure to pay, the board shall:

(A) (Deleted by amendment, L. 96, p. 1779, § 5, effective June 3, 1996.)

(B) Order that the offender continue on parole or extend the period of parole, either subject to the same condition or modified conditions of parole; or

(C) Revoke the parole and request the sheriff of the county in which the hearing is held to transport the parolee to a place of confinement designated by the executive director; or

(D) Revoke parole for a period not to exceed one hundred eighty days and request the sheriff of the county in which the hearing is held to transport the parolee to a community corrections program pursuant to section 18-1.3-301 (3), C.R.S., a place of confinement within the department of corrections, or any private facility that is under contract with the department of corrections; or

(E) Revoke parole for a period not to exceed ninety days and request the sheriff of the county in which the hearing is held to transport the parolee to the county jail of such county or to any private facility that is under contract with the department of corrections.

(III) (Deleted by amendment, L. 2000, p. 1043, § 4, effective September 1, 2000.)

(d) If, as a condition of parole pursuant to paragraph (b) of this subsection (5), a parolee will be required to attend a postsecondary educational institution as a part of his parole plan, the board, before granting parole, shall first notify the postsecondary educational institution and the prosecuting attorney of the parolee's plan and request their comments thereon. The notice shall include all relevant information pertaining to the person and the crime for which he was convicted. The postsecondary educational institution and the prosecuting attorney shall reply to the board in writing within ten days of receipt of the notification or within such other reasonable time in excess of ten days as specified by the board. The postsecondary educational institution's reply shall include a statement of whether or not it will accept the parolee as a student. Acceptance by a state postsecondary educational institution shall be pursuant to section 23-5-106, C.R.S.

(e) As a condition of parole of every person convicted of the class 2 felony of sexual assault in the first degree under section 18-3-402 (3), C.R.S., for an offense committed prior to November 1, 1998, the board shall require that the parolee participate in a program of mental health counseling or receive appropriate treatment to the extent that the board deems appropriate to effectuate the successful reintegration of the parolee into the community.

(f) (I) As a condition of every parole, the parolee shall sign a written agreement that contains the parole conditions deemed appropriate by the board. The conditions must include, but are not limited to, the following:

(A) That the parolee shall go directly to a place designated by the board upon his release from the institution to which he has been confined;

(B) That the parolee shall establish a residence of record and shall not change it without giving prior notification to his or her community parole officer and that the parolee shall not leave the state without the permission of his or her community parole officer;

(C) That the parolee shall obey all state and federal laws and municipal ordinances, conduct himself or herself as a law-abiding citizen, and obey and cooperate with his or her community parole officer;

(D) That the parolee shall permit residential visits by the community parole officer and allow the community parole officer to make searches of the parolee's person, residence, or vehicle;

(D.5) That the parolee shall report as directed by the community parole officer. Unless inconsistent with other conditions imposed by the division of adult parole in the department of corrections, the division of adult parole shall allow a parolee to meet with the community parole officer through a telephone call or audio-visual communication technology. Unless inconsistent with other conditions imposed by the division of adult parole, in directing the parolee to report to the community parole officer, the community parole officer shall schedule, in good faith, the meeting at mutually agreeable times with the parolee that do not conflict with the parolee's essential obligations, including work, education, job training, dependent care, medical appointments, and other parole requirements.

(E) That the parolee shall not own, possess, or have under his control or in his custody any firearm or other deadly weapon;

(F) Repealed.

(G) That the parolee shall seek and obtain employment or shall participate in a full-time educational or vocational program while on parole, unless such requirement is waived by his or her community parole officer;

(H) That the parolee shall not abuse alcoholic beverages or use illegal drugs while on parole;

(I) That the parolee shall abide by any other condition the board may determine to be necessary;

(J) That the parolee shall contact any delegate child support enforcement unit with whom the parolee may have a child support case to arrange and fulfill a payment plan to pay current child support, child support arrearages, or child support debt due under a court or administrative order.

(II) The parole agreement shall also contain a notification to the parolee that, should he violate any of the said conditions or should his behavior while on parole indicate the potentiality for criminality or violence, his parole may be subject to revocation.

(III) The provisions of this paragraph (f) shall apply to any person paroled on or after July 1, 1987, and to any person whose parole conditions are modified by the board on or after said date.

(g) (I) As a condition of parole, the board shall require any offender convicted of or who pled guilty or nolo contendere to an offense for which the factual basis involved a sexual offense as described in part 4 of article 3 of title 18, C.R.S., to submit to chemical testing of a biological substance sample from the offender to determine the genetic markers thereof and to chemical testing of his or her saliva to determine the secretor status thereof. Such testing shall occur prior to the offender's release from incarceration, and the results thereof shall be filed with and maintained by the Colorado bureau of investigation. The results of such tests shall be furnished to any law enforcement agency upon request.

(II) The provisions of this paragraph (g) shall apply to any person who is paroled on or after May 29, 1988, and to any person whose parole conditions are modified by the board on or after said date.

(III) Any costs of implementing this paragraph (g) shall be derived solely from appropriations made from moneys in the victims assistance and law enforcement fund created pursuant to section 24-33.5-506, C.R.S.

(h) Repealed.

(i) (Deleted by amendment, L. 2001, p. 955, § 3, effective July 1, 2001.)

(j) As a condition of parole, the board may order any person who is not otherwise subject to the provisions of article 22 of title 16, C.R.S., and is convicted of an offense, the underlying factual basis of which is determined by the department of corrections to involve unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S., to register as a sex offender for the period of the person's parole. Such registration shall be completed as provided in article 22 of title 16, C.R.S. Within five business days after completion of the period of parole and final discharge from the legal custody of the department of corrections, the department of corrections shall notify the Colorado bureau of investigation to remove the person's name from the Colorado sex offender registry.

(k) As a condition of every grant of parole, the board shall require the offender to execute a written prior waiver of extradition stating that the offender consents to extradition to this state and waives all formal procedures incidental to extradition proceedings in the event that the offender is arrested in another state upon an allegation that the defendant has violated the terms of his or her parole, and acknowledging that the offender shall not be admitted to bail in any other state pending extradition to this state.

(5.3) Notwithstanding any law to the contrary, the possession or use of natural medicine or natural medicine product, as authorized pursuant to section 18-18-434, article 170 of title 12, or article 50 of title 44, must not be considered an offense such that its possession or use constitutes a violation of conditions of parole.

(5.5) (a) As a condition of parole, the board may require every parolee at the parolee's own expense to submit to random chemical testing of a biological substance sample from the parolee to determine the presence of drugs or alcohol.

(b) For purposes of this subsection (5.5), "drug" means:

(I) Any "controlled substance" as defined in section 18-18-102 (5), C.R.S.; and

(II) Any "drug" as defined in section 27-80-203 (13), C.R.S., if chemical testing conducted pursuant to paragraph (a) of this subsection (5.5) reveals such drug is present at such a level as to be considered abusive pursuant to regulations established by the board in consultation with the department of human services.

(c) (I) If chemical testing is required as a condition of parole, the community parole officer is responsible for acquiring at random a biological substance sample from a parolee.

(II) At the time the community parole officer acquires a biological substance sample pursuant to subparagraph (I) of this paragraph (c), the community parole officer shall direct the parolee to pay the necessary fee for the testing of his or her biological substance sample directly to the private laboratory under contract with the department, the department of public safety, or a local governmental agency pursuant to subparagraph (IV) of this paragraph (c).

(III) The community parole officer shall submit the biological substance sample to a private laboratory under contract with the department, the department of public safety, or a local governmental agency pursuant to subparagraph (IV) of this paragraph (c) for testing. The contracting laboratory shall return the results of the tests to the community parole officer within five working days after receipt of the sample. The results of the test shall be made available by the community parole officer to the parolee or the parolee's attorney on request.

(IV) The department and the department of public safety and local governmental agencies for inmates paroled to community corrections facilities shall enter into one or more contracts with private laboratories for chemical testing under this subsection (5.5). Any private laboratory that contracts with the department, the department of public safety, or a local governmental agency shall use appropriate methods to ensure compliance with evidentiary rules and requirements. Any contract entered into pursuant to this subparagraph (IV) shall specify the fee to be charged the parolee for chemical biological substance sample testing.

(d) (I) If a chemical test administered pursuant to the requirements of this subsection (5.5) reflects the presence of drugs or alcohol, the parolee may be required to participate at his own expense in an appropriate drug or alcohol program, community correctional nonresidential program, mental health program, or other fee-based or non-fee-based treatment program approved by the parole board.

(II) (A) Any subsequent chemical testing reflecting the presence of alcohol may be grounds for arrest of the parolee and the initiation of revocation proceedings at the discretion of the community parole officer pursuant to section 17-2-103.

(B) A parolee may be arrested and a proceeding for revocation may be initiated pursuant to the provisions of section 17-2-103 if any subsequent chemical test reflects the presence of drugs pursuant to subparagraph (I) of paragraph (b) of this subsection (5.5).

(C) A parolee may be arrested and proceedings for revocation may be initiated pursuant to section 17-2-103 if any subsequent chemical test reveals the presence of drugs as defined in subparagraph (II) of paragraph (b) of this subsection (5.5) at a level considered to be abusive as established by the board pursuant to said section.

(e) Repealed.

(f) Section 16-3-309, C.R.S., pertaining to the admissibility of laboratory tests shall apply to the admissibility of chemical tests required by this subsection (5.5) in parole revocation hearings conducted pursuant to section 17-2-103.

(g) This subsection (5.5) shall not apply to any parolee to whom article 11.5 of title 16, C.R.S., applies.

(5.7) If, as a condition of parole, an offender is required to undergo counseling or treatment, unless the parole board determines that treatment at another facility or with another person is warranted, the treatment or counseling must be at a facility or with a person:

(a) Approved by the behavioral health administration in the department of human services if the treatment is for alcohol or drug abuse;

(b) Certified or approved by the sex offender management board, established in section 16-11.7-103, C.R.S., if the offender is a sex offender;

(c) Certified or approved by a domestic violence treatment board, established pursuant to part 8 of article 6 of title 18, C.R.S., if the offender was convicted of or the underlying factual basis of the offense included an act of domestic violence as defined in section 18-6-800.3, C.R.S.; or

(d) Licensed or certified by the division of adult parole in the department of corrections, the department of regulatory agencies, the behavioral health administration in the department of human services, the state board of nursing, or the Colorado medical board, whichever is appropriate for the required treatment or counseling.

(5.8) Notwithstanding the provisions of subsection (5.7) of this section, if, as a condition of parole, an offender who was convicted of or pled guilty to an offense involving unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S., is required to undergo counseling or treatment, such treatment or counseling shall be at a facility or with a person listed in subsection (5.7) of this section and the parole board may not determine treatment at another facility or with another person is warranted.

(5.9) As a condition of parole of each person convicted of a felony DUI offense described in section 42-4-1301 (1)(a), (1)(b), or (2)(a), C.R.S., the board shall require the parolee to use an approved ignition interlock device for the entire period of the person's parole.

(6) The board has the authority at any time after the period of any parole is fixed to shorten the period thereof or to lengthen said period within the limits specified in subsection (5) of this section; except that the provisions of this subsection (6) shall not apply to any person sentenced as a sex offender pursuant to part 10 of article 1.3 of title 18, C.R.S.

(7) The board has exclusive power to conduct all proceedings involving an application for revocation of parole.

(8) The board has the power, in the performance of official duties, to issue warrants and subpoenas, to compel the attendance of witnesses and the production of books, papers, and other documents pertinent to the subject of its inquiry, and to administer oaths and take the testimony of persons under oath. The issuance of a warrant tolls the expiration of a parolee's parole.

(9) (a) (I) Except as otherwise provided in subparagraph (I) of paragraph (f) of subsection (4) of this section, whenever an inmate initially applies for parole, the board shall conduct an interview with the inmate. At such interview at least one member of the board shall be present. Any final action on an application shall not be required to be made in the presence of the inmate or parolee, and any such action shall require the concurrence of at least two members of the board. When the two members do not concur, a third member shall review the record and, if deemed necessary, interview the applicant and cast the deciding vote. Any subsequent application for parole shall be considered by the board in accordance with the provisions of paragraph (a) of subsection (4) of this section.

(II) The provisions of subparagraph (I) of this paragraph (a) shall also apply to all interviews of inmates who apply for parole pursuant to section 17-22.5-303, who were sentenced for an offense committed on or after July 1, 1979.

(b) When a recommendation has been made before the board for revocation or modification of a parole, the final disposition of such application shall be reduced to writing. The parolee shall be advised by the board of the final decision at the conclusion of the hearing or within a period not to exceed five working days following said hearing; however, a parolee may waive the five-day notice requirement. A copy of the final order of the board shall be delivered to the parolee within ten working days after the completion of the hearing.

(c) If the parolee decides to appeal the decision to revoke his parole, such appeal shall be filed within thirty days of such decision. The parolee shall remain in custody pending the appeal. Two members of the board, excluding the one who conducted the revocation proceeding, shall review the record within fifteen working days after the filing of the appeal. They shall notify the parolee of their decision in writing within ten working days after such decision has been made.

(d) The district attorney or the attorney general may appeal the decision of a member of the board to two members of the board, excluding the member who conducted the parole revocation proceeding.

(10) The board shall interview all parole applicants at the institution or in the community in which the inmate is physically held or through teleconferencing as provided in subsection (3)(d)(II) of this section. The site location of an interview must not be changed within the thirty days preceding the interview date without the approval of the board. Any inmate of an adult correctional institution who has been transferred by executive order or by civil certification or ordered by a court of law to the Colorado mental health institute at Pueblo may be heard at the Colorado mental health institute at Pueblo upon an application for parole.

(11) Repealed.

(12) All votes of the board at any hearing or appeal held pursuant to this section shall be recorded by member and shall be a public record open to inspection and shall be subject to the provisions of part 3 of article 72 of title 24, C.R.S.

(13) (a) The board may appoint or contract with an attorney to represent a parolee at a parole revocation hearing only if:

(I) The parolee denies that he violated the condition or conditions of his parole, as set forth in the complaint;

(II) The parolee is incapable of speaking effectively for himself;

(III) The parolee establishes to the satisfaction of the board that he is indigent; and

(IV) The board, after reviewing the complaint, makes specific findings in writing that the issues to be resolved are complex and that the parolee requires the assistance of counsel.

(b) Repealed.

(14) The board shall consider the parole of a person whose parole is revoked either for a technical violation or based on a self-revocation at least once within one hundred eighty days after the revocation if the person's release date is more than nine months from the date of the person's revocation; except that a person whose parole is revoked based on a technical violation that involved the use of a weapon shall not be considered for parole for one year.

(15) Each correctional facility and private contract prison shall make available to the board hearing room space and video teleconferencing technology that are acceptable to the board for the purpose of conducting parole hearings within the administrative area of or another location within the facility acceptable to the board.

(16) The board shall submit to the department of corrections staff involved with making community corrections transition placement referrals the name and register number of each inmate the board is recommending for community corrections transition placement. The department of corrections staff involved with making community corrections transition placement referrals shall inform the board when the referral has been made or the reason why it was not submitted.

(17) If an offender completes a community corrections program, the board shall schedule a parole release hearing within sixty days after the offender's completion of the program. If the decision is to deny parole, a majority of the full board is required to deny parole pursuant to this subsection (17).

(18) (a) The parole board shall conduct a file review for each inmate who is listed on the notifications provided to the board pursuant to section 17-1-119.7 (2)(a)(II) or (2)(a)(III) within ten days after receiving the notification. The parole board must evaluate the inmate's institutional behavior, program progress, and appropriateness for release.

(b) If the parole board grants parole to an inmate on the notification list pursuant to section 17-1-119.7 (2)(a)(II), it may set the release date up to thirty days prior to the inmate's mandatory release date but not sooner than fifteen days after the file review. The department shall notify the inmate's parole sponsor to verify his or her willingness and ability to sponsor the inmate on the amended release date.

(c) If the parole board grants parole to an inmate on the notification list pursuant to section 17-1-119.7 (2)(a)(III), it may set the release date no sooner than fifteen days after the file review. The department shall notify the inmate's parole sponsor to verify his or her willingness and ability to sponsor the inmate on the amended release date.

(19) (a) Except as provided in subsection (19)(b) of this section, if a person has an approved parole plan, has been assessed to be low or very low risk on the validated risk assessment scale developed pursuant to section 17-22.5-404 (2), and the parole release guidelines recommend release, the parole board may deny parole only by a majority vote of the full parole board.

(b) An inmate is not eligible for release pursuant to subsection (19)(a) of this section if he or she has had a class I code of penal discipline violation within the previous twelve months from the date of consideration by the parole board or since incarceration, whichever is shorter; has been terminated for lack of progress or has declined in writing to participate in programs that have been recommended and made available to the inmate within the previous twelve months or since incarceration, whichever is shorter; has been regressed from community corrections or revoked from parole within the previous one hundred eighty days; is required to be considered by the full board for release; or has a pending felony charge, detainer, or an extraditable warrant.

(c) If the parole board denies parole to an inmate pursuant to subsection (19)(a) of this section, the board shall submit to the department the basis for the denial in writing.

(20) The parole board or an individual member of the parole board shall not deny parole solely because the inmate does not have a recommended parole plan. If the parole board considers an inmate appropriate for release except for the lack of a recommended parole plan, the parole board shall delay the release hearing decision or render a conditional release decision and request that the department submit a recommended parole plan or any other information requested by the parole board within thirty calendar days.

(21) (a) Notwithstanding any other provision of law to the contrary, the parole board shall conduct a parole hearing or the board may review the application and issue a decision without a hearing, pursuant to section 17-2-201 (4)(f), within ninety days after July 6, 2021, if a person currently incarcerated has a controlling sentence for a crime enumerated in subsection (21)(b) of this section.

(b) Eligible offenses are escape, as described in section 18-8-208, or attempt to escape, as described in section 18-8-208.1, in effect prior to March 6, 2020, if the underlying factual basis satisfies the elements of the crime of unauthorized absence or attempted unauthorized absence, as described in section 18-8-208.2 (2)(a) or (2)(b).

(c) An inmate is not eligible for expedited parole consideration under this subsection (21) if:

(I) The inmate is not currently at or past his or her parole eligibility date; or

(II) The inmate is ineligible for release to parole pursuant to subsection (3.7)(a) of this section.

(d) The department shall provide victim notification as required by section 24-4.1-303 (14)(d).
C.R.S. § 17-1-104.3 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-104.3
17-1-104.3. Correctional facilities - locations - security level - report
Status: repealed

17-1-104.3. Correctional facilities - locations - security level - report. (1) (a) Each facility operated by or under contract with the department shall have a designated security level. Designation of security levels shall be as follows:

(I) Level I facilities shall have designated boundaries, but need not have perimeter fencing. Inmates classified as minimum may be incarcerated in level I facilities, but generally inmates of higher classifications shall not be incarcerated in level I facilities.

(II) Level II facilities shall have designated boundaries with a single or double perimeter fencing. The perimeter of level II facilities shall be patrolled periodically. Inmates classified as minimum restrictive and minimum may be incarcerated in level II facilities, but generally inmates of higher classifications shall not be incarcerated in level II facilities.

(III) Level III facilities generally shall have towers, a wall or double perimeter fencing with razor wire, and detection devices. The perimeter of level III facilities shall be continuously patrolled. Appropriately designated close classified inmates, medium classified inmates, and inmates of lower classification levels may be incarcerated in level III facilities, but generally inmates of higher classifications shall not be incarcerated in level III facilities.

(IV) Level IV facilities shall generally have towers, a wall or double perimeter fencing with razor wire, and detection devices. The perimeter of level IV facilities shall be continuously patrolled. Close classified inmates and inmates of lower classification levels may be incarcerated in level IV facilities, but generally inmates of higher classifications shall not be incarcerated in level IV facilities on a long-term basis.

(V) Level V facilities comprise the highest security level and are capable of incarcerating all classification levels. The facilities shall have double perimeter fencing with razor wire and detection devices or equivalent security architecture. These facilities generally shall use towers or stun-lethal fencing as well as controlled sally ports. The perimeter of level V facilities shall be continuously patrolled.

(b) The correctional facilities operated by the department, the location of such facilities, and the designated security level of such facilities shall be as follows:

Correctional facility Location Security level

Colorado state Fremont county Level V

penitentiary

Centennial correctional Fremont county Level V

facility

Limon correctional Lincoln county Level IV

facility

Arkansas Valley Crowley county Level III

correctional facility

Buena Vista Chaffee county Level III

correctional complex

Colorado Territorial Fremont county Level III

correctional facility

Fremont correctional Fremont county Level III

facility

Arrowhead Fremont county Level II

correctional center

Four Mile Fremont county Level II

correctional center

Skyline correctional Fremont county Level I

center

Colorado correctional Jefferson county Level I

center

Delta correctional Delta county Level I

center

Rifle correctional Garfield county Level I

center

Colorado correctional Chaffee county Level I

alternative program

Denver reception and City and county Level V

diagnostic center of Denver

La Vista correctional Pueblo county Level III

facility

San Carlos Pueblo county Level V

correctional facility

Sterling correctional Logan county Level V

facility

Trinidad correctional Las Animas county Level II

facility

Denver women's City and county Level V

correctional facility of Denver

Youthful offender Pueblo county Level III

system

(b.5) Not more than six hundred and fifty beds at the Centennial south campus of the Centennial correctional facility may be operated by the department for the purpose of housing inmates who are close custody inmates. At the discretion of the executive director, the department may house inmates of a lower than close custody level in order to facilitate the movement of inmates displaced as a result of prison closure, during a declared disaster emergency by the governor, or if the lower than close custody inmate is voluntarily assigned to work at the facility, or voluntarily serving as a mentor peer-support, or in another other leadership role as part of departmental programming with the purpose of progressing close custody inmates to lower security levels. The underlying declared disaster emergency must impact state prison operations.

(b.7) Repealed.

(c) For the purposes of retrofitting the Pueblo minimum center from a level II facility to a level III facility, the department shall expend moneys received from the federal "Jobs and Growth Tax Relief Reconciliation Act of 2003", as amended, Pub.L. 108-27, and shall not request additional capital construction dollars for this purpose.

(2) Subsection (1) of this section shall be construed to set forth the features and general operation status of the facilities described in that subsection. Nothing in subsection (1) of this section shall be construed to define or restrict the custody level of inmates placed in the facilities described in that subsection.

(3) (Deleted by amendment, L. 2000, p. 831, § 6, effective May 24, 2000.)

(4) Repealed.

(5) Notwithstanding section 24-1-136 (11)(a)(I), monthly the department shall submit a project status report on construction and a monthly population and capacity report to the office of state planning and budgeting, the joint budget committee, the capital development committee, and the legislative council. The monthly population and capacity report must include information on state and private contract facilities, including operational capacity for the previous month, the month just ending and capacity changes, on grounds population, and operational capacity for this period in the previous year. The department shall include total beds occupied in each facility, state or private contract, by custody level and by gender. The report shall itemize operational capacities for jail backlog, community corrections, parole, youthful offenders, escapees, and revocations.
C.R.S. § 17-42-105 — CO Code / Title 17 / Article 42 / Section 17-42-105
17-42-105. Incarcerated parents - notification to court - mittimus - family services coordi
Status: in_force

17-42-105. Incarcerated parents - notification to court - mittimus - family services coordinator - report - policies. (1) (a) Pursuant to section 19-3-502 (5.5)(c), a representative of the facility where the respondent is incarcerated shall, when possible, inform the court not less than seventy-two hours prior to a dependency and neglect proceeding if it cannot facilitate transportation of the respondent to a proceeding. A representative of the facility where the respondent is incarcerated shall inform the court if the respondent refuses transportation and the circumstances of the refusal as soon as practicable.

(b) If the facility where the respondent is incarcerated cannot facilitate transportation of the respondent to a hearing pursuant to section 19-3-502 (5.5), the facility shall make every reasonable effort to facilitate the respondent's participation at the hearing through audio-visual communication technology, so long as the requirements pursuant to section 19-3-502 (5.5)(b)(I) are satisfied.

(2) If a person's mittimus contains information indicating that the person is a parent to a child and is a party to an open dependency and neglect proceeding pursuant to article 3 of title 19, the department shall:

(a) Consider placing the person in a correctional facility that facilitates opportunities for family time at the facility between the child and parent, unless the court determines that family time does not serve the child's best interests, or a protection order prohibits contact between the child and the parent; and

(b) Notify the county department of human or social services where the dependency and neglect case is filed of the location of the parent's correctional facility and the contact information for the designated individual within the legal services unit not later than fourteen days after the parent's arrival at the facility.

(3) The department shall ensure children and parents have access to opportunities that facilitate continued relationships between children and their parents who are incarcerated, regardless of whether they are a respondent in a dependency and neglect proceeding. The opportunities must include:

(a) Events at the facility that are child-focused and are publicized prior to the event;

(b) Facilitating access to treatment and services to complete any treatment plan for a parent who is a party to a pending dependency and neglect proceeding; and

(c) Facilitating opportunities for a parent to participate in the parent's child's life through audio-visual communication technology, including school conferences, medical consultations, and celebrations.

(4) The department shall designate at least one individual within the legal services unit to assist in family services coordination. The individual's duties include the coordination and supervision of the opportunities described in subsection (3) of this section and serving as a liaison between the department, sheriffs, department of human services, county department of human or social services, and agencies concerning matters related to children and their parents who are incarcerated.

(5) (a) On or before March 1, 2024, and on or before March 1 each year thereafter, the executive director of the department shall submit a report to the judiciary committees of the senate and house of representatives, or any successor committees, concerning parents who are incarcerated. The department shall cooperate with the state department of human services, county departments of human or social services, and sheriffs as necessary to identify the information required for the report. At a minimum, the report must specify persons incarcerated in department facilities, private correctional facilities under contract with the department, and jails, during the preceding calendar year who were a party to an open dependency and neglect proceeding, in total and disaggregated by race or ethnicity, sex, any known disability, and age.

(b) On or before March 1, 2024, and on or before March 1 each year thereafter, the department shall make the report publicly available on its website.

(c) The department shall ensure the report does not disclose any information in violation of applicable state and federal laws regarding the confidentiality of individuals' information.

(d) Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (5) continues indefinitely.

(6) The department shall ensure that departmental policies:

(a) Facilitate communication and family time between children and their parents who are incarcerated in a department facility or a private correctional facility under contract with the department, regardless of whether they are a respondent in a dependency and neglect proceeding. The policies must include the provision of access to a telephone and audio-visual communication technology and access to physical space and resources for in-person family time. The purpose of the policies is to normalize, to the extent possible, the child and parent relationship, to aid and encourage healthy child development, and reduce recidivism and intergenerational incarceration. The policies must consider the benefits to the child through maintaining contact with the child's parent and the parent's willingness and desire to maintain a meaningful relationship with the child, and assist in the reunification of the child and parent, when appropriate. The policies must prioritize access to services provided by the department for parents with open dependency and neglect cases.

(b) Are necessary to comply with the requirements of this section.
C.R.S. § 17-27.7-104 — CO Code / Title 17 / Article 27.7 / Section 17-27.7-104
17-27.7-104. Acceptance and completion of the program by an offender - reconsideration of sen
Status: in_force

17-27.7-104. Acceptance and completion of the program by an offender - reconsideration of sentence. (1) The department, upon acceptance of an offender into the program, shall immediately notify the court of such acceptance.

(2) (a) If an offender successfully completes a regimented inmate training program, such offender, within sixty days of termination or completion of the program, shall automatically be referred to the sentencing court so that the offender may make a motion for reduction of sentence pursuant to rule 35 (b) of the Colorado rules of criminal procedure.

(b) The department shall submit a report to the court concerning such offender's performance in the program. Such report may recommend that the offender be placed in a specialized probation or community corrections program. The court may not summarily deny the offender's motion without a complete consideration of all pertinent information provided by the offender, the offender's attorney, and the district attorney. The court may issue an order modifying the offender's sentence and placing the offender on probation or in a community corrections program.

(b.5) Notwithstanding the fact that the offender's case is on appeal, the sentencing court shall retain jurisdiction to consider and rule on motions for reconsideration filed pursuant to this subsection (2).

(c) (I) Any motion filed pursuant to paragraph (a) of this subsection (2) shall be given priority for consideration by the sentencing court. An offender who successfully completes the regimented inmate training program within twenty-eight months prior to such offender's parole eligibility date shall be eligible for placement in a community corrections program operated pursuant to article 27 of this title.

(II) An offender placed in a community corrections program pursuant to subparagraph (I) of this paragraph (c) may be required to participate in a structured, transitional discipline program in such community corrections program for six months or until completion of the offender's sentence, whichever occurs first.

(III) Upon satisfactory completion of the community corrections program, an offender whose sentence has not been completely served may be required to participate in the intensive supervision program pursuant to section 17-27.5-102.
C.R.S. § 17-2-212 — CO Code / Title 17 / Article 2 / Part 2 / Section 17-2-212
17-2-212. Duty of warden
Status: in_force

17-2-212. Duty of warden. If the board has previously considered an inmate for release and the inmate is still imprisoned and if the inmate's mental condition is questioned by a warden of a correctional facility, it is the duty of said warden to notify the chairperson of the board at least forty days prior to the discharge of the inmate, and the chairperson then shall proceed in the same manner outlined in sections 17-2-210 and 17-2-211.
C.R.S. § 17-10-105 — CO Code / Title 17 / Article 10 / Section 17-10-105
17-10-105. Jurisdiction - process
Status: in_force

17-10-105. Jurisdiction - process. (1) An action to recover cost of care brought pursuant to this article shall be brought in the district court of any county in which the offender has been confined, supervised on probation, or placed on parole.

(2) The practice and procedure in an action to recover cost of care shall be governed by the Colorado rules of civil procedure.
C.R.S. § 17-29-104 — CO Code / Title 17 / Article 29 / Section 17-29-104
17-29-104. Offenders in work program
Status: repealed

17-29-104. Offenders in work program. (Repealed)
C.R.S. § 17-1-205 — CO Code / Title 17 / Article 1 / Part 2 / Section 17-1-205
17-1-205. Contract termination - control of a correctional facility by the department
Status: in_force

17-1-205. Contract termination - control of a correctional facility by the department. A contractor shall submit a detailed plan for the department to assume temporary responsibility for a private contract prison when the contract between the state and the contractor terminates. The state, through the executive director, may terminate the contract for cause, including but not limited to failure to obtain or maintain facility accreditation, after written notice of material deficiencies and after sixty workdays have been provided to the contractor to correct the material deficiencies. If any event occurs involving the noncompliance with or violation of contract terms and presents a serious threat to the safety, health, or security of the inmates, employees, or the public, the department may temporarily assume responsibility for the private contract prison. In addition, a contractor shall submit a plan for the temporary assumption of operations and purchase of a private contract prison by the department in the event of bankruptcy or the financial insolvency of the contractor. The contractor shall provide an emergency plan to address inmate disturbances, employee work stoppages, strikes, or other serious events. The plan shall comply with applicable national correctional standards. Nothing in this section shall be construed to require the state to assume the responsibility for the operation of private contract prisons and costs associated with contractual termination described in this section. If the state chooses, it may assume responsibility upon approval by the general assembly through the enactment of legislation.
C.R.S. § 17-2-215 — CO Code / Title 17 / Article 2 / Part 2 / Section 17-2-215
17-2-215. Notification of parole proceeding
Status: in_force

17-2-215. Notification of parole proceeding. In addition to the notice required by section 17-2-214 (2), the department of corrections shall establish a system of notification under which any person may make a written request to the department of corrections or the board for the notification of any parole proceeding concerning an offender, which notice shall be given by the department of corrections, working in cooperation with the board, at least thirty days before the hearing. Such notice shall be sent to the last-known address of the person making a written request for notification in the possession of the department of corrections or the board, and the person making such written request for notification has the duty to keep the department of corrections or the board informed of his or her current address.
C.R.S. § 17-22.5-404.5 — CO Code / Title 17 / Article 22.5 / Part 4 / Section 17-22.5-404.5
17-22.5-404.5. Presumption of parole - drug offenders
Status: repealed

17-22.5-404.5. Presumption of parole - drug offenders. (1) There shall be a presumption, subject to the final discretion of the parole board, in favor of granting parole to an inmate who has reached his or her parole eligibility date and who:

(a) Is serving a sentence for which the controlling term of incarceration is based on a felony possession or use offense described in section 18-18-404, or section 18-18-405, C.R.S., as it existed prior to August 11, 2010;

(b) Has not incurred a class I code of penal discipline violation within the last twelve months or a class II code of penal discipline violation within the last three months;

(c) Is program-compliant;

(d) Was not convicted of, and has not previously been convicted of, a felony crime described in section 18-3-303, 18-3-305, 18-3-306, or 18-6-701; sections 18-7-402 to 18-7-407; or section 18-12-102 or 18-12-109, C.R.S.; or a felony crime listed in section 24-4.1-302 (1), C.R.S.; and

(e) Does not have an active felony or immigration detainer.

(2) Notwithstanding any provision of law to the contrary, an inmate who is eligible for the presumption in subsection (1) of this section shall have a parole release hearing within ninety days after becoming eligible for the presumption in subsection (1) of this section.

(3) If the parole board grants parole to an inmate pursuant to subsection (1) of this section, the parole board shall require as a condition of parole that the parolee participate in substance abuse treatment consistent with the assessed treatment need of the parolee.

(4) Repealed.

(5) Nothing in this section shall be construed to limit the discretion of the parole board in considering the statutory release guidelines in section 17-22.5-404 or the administrative release guidelines developed pursuant to section 17-22.5-107 (1) in making a decision regarding an inmate's application for release to parole.
C.R.S. § 17-20-103 — CO Code / Title 17 / Article 20 / Section 17-20-103
17-20-103. Wardens and others - conservators of peace
Status: in_force

17-20-103. Wardens and others - conservators of peace. The wardens of all correctional facilities under the supervision of the executive director and the staff of such correctional facilities shall be conservators of the peace. As such they shall have the power to arrest or cause to be arrested, with or without process, upon any grounds owned or leased by this state and used by such correctional facilities, any person who breaks the peace, has an outstanding arrest warrant, or is found upon said grounds violating any criminal law of this state and to turn such person over to local law enforcement for detainment and disposition. Local law enforcement authorities are obligated to respond at the facilities' request to carry out the provisions of this section.
C.R.S. § 17-1-109.5 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-109.5
17-1-109.5. Correctional facility employees - rules
Status: in_force

17-1-109.5. Correctional facility employees - rules. (1) On and after April 1, 2004, the department shall not hire a person who is required to register as a sex offender pursuant to the provisions of the "Colorado Sex Offender Registration Act", article 22 of title 16, C.R.S., to work at a correctional facility.

(2) The department shall ensure that any person who is employed to work at a correctional facility as of April 1, 2004, and who is required to register as a sex offender pursuant to the provisions of the "Colorado Sex Offender Registration Act", article 22 of title 16, C.R.S., does not have unsupervised contact with an inmate on and after April 1, 2004.

(3) If a person, while employed by the department, is convicted of an offense that requires the employee to register as a sex offender pursuant to the provisions of the "Colorado Sex Offender Registration Act", article 22 of title 16, C.R.S., the employee shall immediately notify the department of the conviction and the registration requirement. The department shall ensure that the employee does not have unsupervised contact with an inmate on and after the date it receives notice pursuant to this subsection (3).

(4) The executive director shall adopt such rules as may be necessary to ensure compliance with the requirements of this section.