CO Code § 17-22.5-405 (2021)
2021 Colorado Code|Title 17 - Corrections|Article 22.5 - Inmate and Parole Time Computation|Part 4 - Parole Eligibility and Discharge From Custody|§ 17-22.5-405. Earned Time - Earned Release Time - Achievement Earned Time - Definition

  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:   Work and training, including attendance, promptness, performance, cooperation, care of materials, and safety;    Group living, including housekeeping, personal hygiene, cooperation, social adjustment, and double bunking;    Participation in counseling sessions and involvement in self-help groups;    Progress toward the goals and programs established by the Colorado diagnostic program;    For any inmates who have been paroled, compliance with the conditions of parole release;    The offender has not harassed the victim either verbally or in writing;    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;    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)   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:   Is serving a sentence for a class 4, class 5, or class 6 felony or level 3 or level 4 drug felony;    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;    Is program-compliant; and    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.       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.    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).          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.    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.      Except as described in subsection (6) or (9) of this section or in paragraph (b) of this subsection (4), 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.    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.         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.     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.       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:   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;    The inmate is program-compliant; and    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.       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.    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.      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.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:   The education subprogram, for academic and vocational programs to offenders; and    The parole subprogram, for parole wraparound services.       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.    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.       As used in this section, unless the context otherwise requires, “exceptional conduct” includes, but is not limited to:   Saving or attempting to save the life of another person;    Aiding in the prevention of serious bodily injury or loss of life;    Providing significant assistance in the prevention of a major facility disruption;    Providing significant assistance in the solving of a cold case, as defined in section 24-4.1-302 (1.2), C.R.S.;    Acting to prevent an escape; or    Providing direct assistance in a documented facility or community emergency.           History. Source: L. 90: Entire part added, p. 952, § 19, effective June 7. L. 91: (1)(g) amended, p. 1912, § 20, effective June 1. L. 93: (5) added, p. 1980, § 5, effective July 1. L. 95: (5) amended, p. 879, § 14, effective May 24. L. 97: (5)(b) amended, p. 1548, § 24, effective July 1. L. 2001: (3.5) added, p. 1452, § 2, effective June 5. L. 2002: (5)(a) and (5)(b) amended, p. 1507, § 165, effective October 1. L. 2008: IP(1) amended, p. 658, § 9, effective April 25; (5)(a.5) added, p. 1756, § 3, effective July 1. L. 2009: (1.5), (6), and (7) added and (4) amended,(HB 09-1351), ch. 359, p. 1866, § 1, effective June 1. L. 2010: (1.5)(a) and (6) amended,(HB 10-1374), ch. 261, p. 1181, § 5, effective May 25. L. 2011: (8) added,(SB 11-176), ch. 289, p. 1343, § 4, effective July 1. L. 2012: (4), (5)(a), and (5)(a.5) amended and (9) added,(HB 12-1223), ch. 213, p. 916, § 2, effective May 24. L. 2013: (1.5)(a)(I) and IP(6) amended,(SB 13-250), ch. 333, p. 1934, § 51, effective October 1. L. 2015: (9)(a.5) added,(SB 15-195), ch. 279, p. 1144, § 1, effective August 5. L. 2016: (1.2) added and (4) amended,(SB 16-181), ch. 353, p. 1450, § 4, effective June 10. L. 2020: IP(1) and (1.5)(b) amended and (1)(h) added,(HB 20-1019), ch. 9, p. 26, § 6, effective March 6; (1)(g) amended,(HB 20-1402), ch. 216, p. 1047, § 30, effective June 30.    Cross references:   For the legislative declaration contained in the 2002 act amending subsections (5)(a) and (5)(b), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in the 2012 act amending subsections (4), (5)(a), and (5)(a.5) and adding subsection (9), see section 1 of chapter 213, Session Laws of Colorado 2012.   ANNOTATION   Exclusion of felony theft from definition of “nonviolent felony offenses” in this section did not operate to deny defendant equal protection of the law. People v. Gonzales, 973 P.2d 732 (Colo. App. 1999).   An inmate does not have a vested right in earned time, so the inmate's punishment is not increased by withholding earned time from the inmate for not participating in sex offender treatment. Reeves v. Colo. Dept. of Corr., 155 P.3d 648 (Colo. App. 2007).   Earned time credit not available for presentence confinement. People v. Maestas, 920 P.2d 875 (Colo. App. 1996).   Where prisoner was not in the custody of the department of corrections, but was instead held in a county jail awaiting sentencing, credit was not available under this section. People v. Maestas, 920 P.2d 875 (Colo. App. 1996).   Earned time credits are not required to be given when serving a concurrent sentence in a federal prison, but department was required to conduct a hearing pursuant to subsection (3). When state and federal sentences are running concurrently, even when defendant was in federal prison, defendant was in the custody of the department. People v. Frank, 30 P.3d 664 (Colo. App. 2000).