As used in this title 17, unless the context otherwise
requires:
(1) (Deleted by amendment, L. 93, p. 404, � 1, effective April 19, 1993.)
(1.1) Activities of daily living means basic self-care activities, including, but
not limited to, eating, bathing, dressing, grooming, transferring from bed to chair,
toileting, taking medications, cleaning, using prison communications systems, and
independent ambulation.
(1.3) (Deleted by amendment, L. 93, p. 404, � 1, effective April 19, 1993.)
(1.7) Correctional facility means any facility under the supervision of the
department in which persons are or may be lawfully held in custody as a result of
conviction of a crime.
(2) Department means the department of corrections.
(3) (Deleted by amendment, L. 94, p. 602, � 2, effective July 1, 1994.)
(4) Executive director means the executive director of the department of
corrections.
(5) and (6) (Deleted by amendment, L. 2000, p. 829, � 2, effective May 24,
2000.)
(6.5) Inmate means any person who is sentenced to a term of imprisonment
for a violation of the laws of this state, any other state, or the United States.
(6.7) Inmate liaison means an inmate's family member or attorney; a
government agency; a public defender liaison, described in section 21-1-104, to the
department of corrections and the state board of parole; or a representative from
an organization with experience in helping inmates apply for special needs parole,
high-needs prerelease planning, or reentry. The organization must be in good
standing with the Colorado secretary of state for the past twelve consecutive
months, and the organization's involvement must be at the request of the inmate, or
an inmate's family member or attorney should the inmate be unable to make the
request.
(6.8) Licensed health-care provider means a medical or behavioral health-care provider licensed in this state who is employed by or under contract with the
department or a private licensed health-care provider who is providing or recently
has provided patient care to the inmate.
(7) Local jail means a jail or an adult detention center of a county or city
and county.
(7.3) Private contract prison means any private prison facility in this state
operated by a political subdivision of this state or an incorporated or
unincorporated business entity; except that private contract prison does not
include any local jail, multijurisdictional jail, or community corrections center.
(7.4) Serious impairment that limits a person's ability to function means a
medically diagnosed physical condition that is chronic, severe, and long term in
nature and that causes the inmate to require assistance with two or more activities
of daily living on a daily and sustained basis. Such conditions include, but are not
limited to, advanced or metastatic cancer; end-stage renal disease; end-stage
chronic obstructive pulmonary disorder; end-stage heart disease; end-stage liver
disease; progressive neurodegenerative disease such as Huntington's disease,
Parkinson's disease, and amyotrophic lateral sclerosis; and intractable seizure
disorder.
(7.5) Severe cognitive impairment means a substantial disorder of
cognitive ability or mental illness that is chronic, severe, and long term in nature
that results in marked functional disability, significantly interfering with adaptive
behavior and causing an inmate to require assistance with two or more activities of
daily living on a daily and sustained basis. Such conditions include, but are not
limited to, dementia diseases and related disabilities, as defined in section 25-1-502, and Alzheimer's disease.
(7.6) (a) Special needs offender means an inmate in the custody of the
department:
(I) Who has been diagnosed by a licensed health-care provider as suffering
serious impairment that limits the person's ability to function and:
(A) Is fifty-five years of age or older; or
(B) Is under fifty-five years of age; has not incurred a class I code of penal
discipline violation within twelve months before the date of the application for
special needs parole; and has served at least twenty-five percent of the imposed
sentence, including any earned time awarded, if the inmate is eligible for parole
after serving fifty percent of the imposed sentence pursuant to section 17-22.5-403
(1); has served at least thirty-five percent of the imposed sentence, including any
earned time awarded, if the inmate is eligible for parole after serving seventy-five
percent of the imposed sentence pursuant to section 17-22.5-403 (2) and (2.5); has
served at least forty percent of the imposed sentence if the inmate is eligible for
parole after serving seventy-five percent of the imposed sentence pursuant to
section 17-22.5-403 (3) and (3.5); or has been diagnosed by a licensed health-care
provider as having a terminal illness that is irreversible, unlikely to be cured, and
likely to cause death.
(II) Who has been determined by a licensed health-care provider as suffering
from severe cognitive impairment and:
(A) Is fifty-five years of age or older; or
(B) Is under fifty-five years of age; has not incurred a class I code of penal
discipline violation within twelve months before the date of the application for
special needs parole; and has served at least twenty-five percent of the imposed
sentence, including any earned time awarded, if the inmate is eligible for parole
after serving fifty percent of the imposed sentence pursuant to section 17-22.5-403
(1); has served at least thirty-five percent of the imposed sentence, including any
earned time awarded, if the inmate is eligible for parole after serving seventy-five
percent of the imposed sentence pursuant to section 17-22.5-403 (2) and (2.5); has
served at least forty percent of the imposed sentence if the inmate is eligible for
parole after serving seventy-five percent of the imposed sentence pursuant to
section 17-22.5-403 (3) and (3.5); or has been diagnosed by a licensed health-care
provider as having a terminal illness that is irreversible, unlikely to be cured, and
likely to cause death.
(III) Who is sixty-four years of age or older and has served at least twenty
years of the person's sentence and was not convicted of a class 1 or class 2 felony
for a crime as defined in section 24-4.1-302 (1); unlawful sexual behavior, as defined
in section 16-22-102 (9); a crime that includes domestic violence, as defined in
section 18-6-800.3 (1); or stalking, as described in section 18-3-602.
(b) (I) Notwithstanding subsection (7.6)(a) of this section, special needs
offender does not include an inmate who:
(A) Was convicted of a class 1 felony and sentenced to life imprisonment
with the possibility of parole and the inmate has served fewer than twenty calendar
years in a department of corrections facility for the offense;
(B) Was convicted of a class 1 felony and sentenced to life imprisonment
without the possibility of parole; or
(C) Was convicted of a class 2 felony crime of violence as described in
section 18-1.3-406 and the inmate has served fewer than ten calendar years in a
department of corrections facility for the offense.
(II) This subsection (7.6)(b) does not apply to an inmate who has been
diagnosed as having a terminal illness that is irreversible, unlikely to be cured, and
likely to cause death by a licensed health-care provider.
(8) State inmate means any person who is sentenced by the state to a term
of imprisonment in a correctional facility or who is sentenced to a term of
imprisonment pursuant to section 16-11-308.5, C.R.S.
(8.5) Tampering means intentionally attempting to disable, damage, or
destroy an electronic monitoring device so as to render the device nonfunctional in
order to avoid supervision.
(9) Warden means the administrative head of a correctional facility.