§ 17-1-119.7 — Prison population management measures

Colorado § 17-1-119.7

• Jurisdiction: Colorado
• Title 17: Corrections
• Art.: Department of Corrections

Text

(1) 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.

(2) (a) 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:

(I) 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.

(II) 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);

(III) 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

(IV) (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.

(B) If victim notification is required and a victim wishes to provide input, the
parole board shall schedule a hearing in lieu of a file review and set conditions of
release for the inmate and a date of release no later than thirty days after
conducting the hearing.

(C) If additional information is needed, the parole board may table a decision
after the file review or hearing and request additional information from the
department. The parole board may grant or deny parole to an applicant, and, if the
decision is to deny parole, it must be based on a majority vote of the full board.

(D) An inmate is not eligible for release pursuant to this section if he or she is
serving a sentence for an offense enumerated in section 24-4.1-302 or section 16-22-102 (9) or has had a class I code of penal discipline violation within the previous
twelve months from the date of the list or since incarceration, whichever is shorter;
has been terminated for lack of progress or 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; or has a pending felony charge, detainer, or an
extraditable warrant.

(E) An inmate is eligible for release pursuant to this subsection (2)(a)(IV) if
the inmate is at or past his or her parole eligibility date and is only serving a
sentence for a conviction of a level 3 or level 4 drug felony or a class 3, class 4,
class 5, or class 6 nonviolent felony offense.

(b) 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.

Legislative 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.