CO Code § 17-1-119.7 (2021)
2021 Colorado Code|Title 17 - Corrections|Article 1 - Department of Corrections|Part 1 - Corrections Administration|§ 17-1-119.7. Prison Population Management Measures

  The department shall track the prison bed vacancy rate in both correctional facilities and state-funded private contract prison beds on a monthly basis. If the vacancy rate falls below three percent for thirty consecutive days, the department shall notify the governor, the joint budget committee, the parole board, each elected district attorney, the chief judge of each judicial district, the state public defender, and the office of community corrections in the department of public safety. The department shall notify the governor, the joint budget committee, the parole board, each elected district attorney, the chief judge of each judicial district, the state public defender, and the office of community corrections once the vacancy rate exceeds four percent for thirty consecutive days.      If the vacancy rate in correctional facilities and state-funded private contract prison beds falls below three percent for thirty consecutive days, the department shall:   Request the office of community corrections to provide the department with information regarding the location and nature of any unutilized community corrections beds. The office of community corrections shall provide the information within seventy-two hours of the request and on a weekly basis until the office of community corrections receives notification that the vacancy rate exceeds three percent.    Request that the parole board review a list of inmates who are within ninety days of their mandatory release date, have an approved parole plan, and do not require full board review or victim notification pursuant to section 24-4.1-302.5 (1)(j);    Coordinate with the parole board to review the list of inmates who have satisfied conditions for conditional release verified by the department of corrections, do not require full board review or victim notification pursuant to section 24-4.1-302.5 (1)(j), and have satisfied the condition or conditions required for an order to parole; and    (A) Submit to the parole board a list of eligible inmates with a favorable parole plan who have been assessed to be medium or lower risk on the validated risk assessment scale developed pursuant to section 17-22.5-404 (2). Except as provided in subsection (2)(a)(IV)(B) of this section, the parole board shall conduct a file review of each inmate on the list and set conditions of release for the inmate within thirty days after receipt of the list and set a day of release no later than thirty days after conducting the file review.       The department may utilize any, all, or a combination of the measures described in subsection (2)(a) of this section when the vacancy rate falls below two percent for thirty consecutive days and until the vacancy rate is above three percent for thirty consecutive days.        History. Source: L. 2018: Entire section added,(HB 18-1410), ch. 394, p. 2352, § 1, effective June 6. L. 2019: (1), IP(2)(a), (2)(a)(II), and (2)(a)(III) amended and (2)(a)(IV) added,(SB 19-143), ch. 286, p. 2655, § 1, effective May 28.