(1) The director of the
division of adult parole or any community parole officer may arrest any parolee
when:
(a) He or she has a warrant commanding that such parolee be arrested; or
(b) He or she has probable cause to believe that a warrant for the parolee's
arrest has been issued in this state or another state for any criminal offense or for
violation of a condition of parole; or
(c) Any offense under the laws of this state has been or is being committed
by the parolee in the community parole officer's presence; or
(d) He or she has probable cause to believe that a crime has been committed
and that the parolee has committed such crime; or
(e) He or she has probable cause to believe that the parolee is leaving or
about to leave the state; or
(f) He or she has probable cause to believe that the parolee has violated one
or more conditions of parole and that the parolee will fail or refuse to appear before
the board to answer charges of violations of one or more conditions of parole; or
(g) He or she has a reasonable belief that the arrest is necessary to prevent
serious bodily injury to the parolee or any other person or to prevent the
commission of a crime; or
(h) He or she has probable cause to believe that the parolee has committed a
technical violation of parole for which the underlying behavior is not a criminal
offense and the community parole officer has exhausted all appropriate or
available intermediate sanctions, treatment, and support services.
(1.5) (a) Except where arrest or revocation is mandatory pursuant to this
section or section 17-2-103.5, and except as provided in paragraph (g) of this
subsection (1.5), a community parole officer must consider all appropriate or
available intermediate sanctions, as determined by the policies of the division of
adult parole, before he or she files a complaint for revocation of a parolee for a
technical violation of a condition of parole for which the underlying behavior is not a
criminal offense.
(b) A community parole officer shall utilize intermediate sanctions to
address a parolee's noncompliance or seek modification of parole conditions, or do
both, as deemed appropriate by the community parole officer, in a manner that is
consistent with the severity of the noncompliance and the risk level of the parolee.
(c) A community parole officer shall also make referrals to any needed
treatment or other support services that may help a parolee become compliant with
the conditions of parole and succeed in reintegrating into society. For the purposes
of this section, testing positive for the use of illegal drugs is considered a technical
violation of parole.
(d) If a parolee has a technical violation, the parolee's community parole
officer, with the approval of the director of the division of adult parole or the
director's designee, may impose a brief term of confinement, not to exceed
fourteen consecutive days, as an intermediate sanction.
(e) A parolee's community parole officer must notify the parolee when a brief
term of confinement may be imposed as an intermediate sanction against the
parolee.
(f) Confinement as an intermediate sanction may be provided in any facility
operated or approved by the department of corrections or in a county jail. The
division of adult parole is responsible for reimbursing county jails for beds used as
an intermediate sanction. The sheriff of each county has the authority and
discretion to determine the number of jail beds, if any, that are available to the
department of corrections in their respective facilities for the purpose of imposing
an intermediate sanction. If jail beds are unavailable in the local community of the
facility in which the parolee is being supervised, the division of adult parole is
authorized to utilize any facility operated or approved by the department of
corrections or other available county jail beds if transportation to and from the jail
is provided to the parolee.
(g) Notwithstanding any other provision of this section, a community parole
officer may bypass the use of intermediate sanctions or any additional intermediate
sanctions in response to a technical violation of parole and file a complaint seeking
revocation of parole if:
(I) The parolee has received up to four intermediate sanctions committing
the parolee to a brief term of incarceration in jail, except for a parolee for whom
subsection (11)(b)(III) of this section applies; or
(II) The nature of the technical violation, in combination with the parolee's
risk assessment, indicates a heightened risk to public safety, as defined by policy of
the division of adult parole.
(2) (a) A board hearing relating to the revocation of parole shall be held, at
the discretion of the board, in the courthouse or other facility that is acceptable to
the board in the county in which the alleged violation occurred, the county of the
parolee's confinement, or the county of the parolee's residence if not confined.
(b) In all hearings relating to revocation of parole, one member of the board
shall hear the case to a conclusion, unless the chairperson of the board assigns
another board member due to the illness or unavailability of the first board member.
The parolee may appeal to two members of the board. Such appeal shall be on the
record.
(c) At evidentiary hearings concerning revocation of parole, the district
attorney of the county in which the hearing is held may be in attendance to present
the case.
(d) At all hearings before the board which are held outside of the institution
to which the parolee is sentenced, it is the duty of the county sheriff to provide for
the safety of all persons present. All counties shall make sufficient room available
to conduct parole revocation proceedings in their respective courthouses or other
facilities that are acceptable to the board.
(e) 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.
(3) (a) Whenever a community parole officer has reasonable grounds to
believe that a condition of parole has been violated by any parolee, he or she may
issue a summons requiring the parolee to appear before the board at a specified
time and place to answer charges of violation of one or more conditions of parole.
The summons shall be accompanied by a copy of the complaint filed before the
board seeking revocation of parole. Willful failure of the parolee to appear before
the board as required by the summons is a violation of a condition of parole.
(b) A community parole officer may request that the board issue a warrant
for the arrest of a parolee for violation of the conditions of his or her parole by filing
a complaint with the board showing probable cause to believe that the parolee has
violated a condition of his or her parole. The warrant may be executed by a peace
officer, as described in section 16-2.5-101, C.R.S.
(4) (a) If, rather than issuing a summons, a community parole officer makes
an arrest of a parolee, with or without a warrant, or the parolee is otherwise
arrested, the parolee shall be held in a county jail or a preparole facility or program
pending action by the community parole officer pursuant to subsection (5) of this
section.
(b) Repealed.
(5) Not later than ten working days after the arrest of any parolee, as
provided in subsection (4) of this section, the community parole officer shall
complete his or her investigation and either:
(a) File a complaint before the board in which the facts are alleged upon
which a revocation of parole is sought; or
(b) Order the release of the parolee and request that any warrant be quashed
and that any complaint be dismissed, and parole shall be restored; or
(c) Order the release of the parolee and issue a summons requiring the
parolee to appear before the board at a specified time and place to answer charges
of violation of one or more conditions of parole.
(6) (a) Any complaint filed by the community parole officer in which
revocation of parole is sought shall contain the name of the parolee and his or her
department of corrections number, identify the nature of the charges that are
alleged to justify revocation of his or her parole, the substance of the evidence
sustaining the charges, and the condition of parole alleged to have been violated,
including the date and approximate location thereof, together with the signature of
the community parole officer. A copy thereof shall be given to the parolee a
reasonable length of time before any parole board hearing.
(b) At any time after the filing of a complaint, the director of the division of
adult parole may cause the revocation proceedings to be dismissed by giving
written notification of the decision for the dismissal to the board, the community
parole officer, and the parolee. Upon receipt of the notification by the director, the
community parole officer shall order the release of the parolee pursuant to
subsection (5) of this section, and parole shall be restored.
(c) The filing of a complaint by the community parole officer tolls the
expiration of the parolee's parole.
(7) If the parolee is in custody pursuant to subsection (4) of this section, or
the parolee was arrested and then released pursuant to paragraph (c) of subsection
(5) of this section, the hearing on revocation shall be held within a reasonable time,
not to exceed thirty days after the parolee was arrested; except that the board may
grant a delay when it finds good cause to exist therefor. If the parolee was issued a
summons, the final hearing shall be held within thirty working days from the date
the summons was issued; except that the board may grant a delay when it finds
good cause to exist therefor. The board shall notify the sheriff, the community
parole officer, and the parolee of the date, time, and place of the hearing. It shall be
the responsibility of the sheriff to assure the presence of the parolee being held in
custody at the time and place of the hearing and to provide for the safety of all
present.
(8) Prior to appearance before the board, a parolee shall be advised in
writing by the director of the division of adult parole concerning the nature of the
charges that are alleged to justify revocation of parole and the substance of the
evidence sustaining the charges; the parolee shall be given a copy of the complaint
unless he or she has already received one; the parolee shall be informed of the
consequences which may follow in the event parole is revoked; the parolee shall
then be advised that a full and final hearing will be held before the board at which
hearing the parolee will be required to plead guilty or not guilty to the charges
contained in the complaint; and the parolee shall be further advised that at the
hearing before the board he or she may be represented by an attorney and that he
or she may testify and present witnesses and documentary evidence in defense of
the charges or in mitigation or explanation thereof. The hearing may be continued
by the board upon a showing of good cause.
(9) (a) In the event of a plea of not guilty, the division of adult parole, at the
final hearing before the board, shall have the burden of establishing by a
preponderance of the evidence the violation of a condition of parole; except that
the commission of a criminal offense must be established beyond a reasonable
doubt, unless the parolee has been convicted thereof in a criminal proceeding.
When it appears that the alleged violation of a condition or conditions of parole
consists of an offense with which the parolee is charged in a criminal case then
pending, testimony given before the board in a parole revocation proceeding shall
not be admissible in such criminal proceeding before a court. When, in a parole
revocation hearing, the alleged violation of a condition of parole is the parolee's
failure to pay court-ordered compensation to appointed counsel, probation fees,
court costs, restitution, or reparations, evidence of the failure to pay shall
constitute prima facie evidence of a violation. The board may revoke the parole if
requested to do so by the parolee. Any evidence having probative value shall be
admissible in all proceedings related to a parole violation complaint, regardless of
its admissibility under the exclusionary rules of evidence, if the parolee is accorded
a fair opportunity to rebut hearsay evidence. The parolee shall have the right to
confront and to cross-examine adverse witnesses unless the board specifically
finds good cause for not allowing confrontation of an informer.
(b) If the parolee has been convicted of a criminal offense while on parole,
the board shall accept said conviction as conclusive proof of a violation and shall
conduct a hearing as to the disposition of the parole only.
(10) Repealed.
(11) (a) If the board determines that a violation of a condition or conditions of
parole has been committed, the board shall, within five working days after the
completion of the final hearing, either revoke the parole, as provided in paragraph
(b) of this subsection (11), or continue it in effect, or modify the conditions of parole
if circumstances then shown to exist require such modifications. If parole is
revoked, the board shall serve upon the parolee a written statement as to the
evidence relied on and the reasons for revoking parole.
(b) (I) If the board determines that the parolee has violated parole through
commission of a felony or misdemeanor crime, the board may revoke 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 for up to the
remainder of the parole period.
(II) If the board determines that the parolee has violated any condition of
parole that does not involve the commission of a felony or misdemeanor crime that
involves possession of a deadly weapon as defined in section 18-1-901, refusing or
failing to comply with requirements of sex offender treatment, absconding, willful
failure to appear for a summons, unlawful contact with a victim, or the willful
tampering or removal of an electronic monitoring device that the parolee is required
to wear as a condition of his or her parole, the board may revoke parole and request
the sheriff of the county in which the hearing is held to transport the parolee to a
place of confinement for up to the remainder of the parole period and order the
parolee confined at a facility designated by the executive director.
(II.5) (Deleted by amendment, L. 2017.)
(III) If the board determines that the parolee has violated any condition of
parole that does not involve the commission of a felony or misdemeanor crime, the
parolee has no active felony warrant, felony detainer, or pending felony criminal
charge, and the parolee was on parole for an offense that was a level 3 or level 4
drug felony or class 3, class 4, class 5, or class 6 nonviolent felony offense as
defined in section 17-22.5-405 (5)(b), except for menacing as defined in section 18-3-206; stalking as described in section 18-9-111 (4), as it existed prior to August 11,
2010, or section 18-3-602; or any unlawful sexual behavior contained in section 16-22-102 (9); or any other offense, the underlying factual basis of which involves
unlawful sexual behavior; or unless the parolee was subject to article 6.5 of title 18,
or section 18-6-801, the board may order, as a condition of parole, participation in
treatment, if appropriate, as described in section 17-2-103 (11)(c).
(III.5) Repealed.
(IV) and (V) (Deleted by amendment, L. 2017.)
(VI) If the board determines that a parolee who has been designated as a
sexually violent predator pursuant to section 18-3-414.5 or found to be a sexually
violent predator or its equivalent in any other state or jurisdiction, including but not
limited to a military or federal jurisdiction, has violated any condition of parole, the
board may revoke parole and request the sheriff of the county in which the hearing
is held to transport the parolee for up to the remainder of the parole period and
order the parolee confined at a place of confinement designated by the executive
director.
(c) If the board determines that the parolee is in need of treatment, the board
shall consider placing the parolee in one of the following treatment options and, if
appropriate, may modify the conditions of parole to include:
(I) Participation in an outpatient program for the treatment of substance
abuse or substance use disorders, mental health disorders, or other co-occurring or
behavioral health disorders; or
(II) (A) Placement in a residential treatment program for the treatment of
substance abuse, substance use disorders, mental health disorders, or other co-occurring or behavioral health disorders, which program is under contract with the
department of public safety and may include, but need not be limited to, intensive
residential treatment, therapeutic community, and mental health programs.
(B) A parolee may be placed in a residential treatment program under
contract with the department of public safety only upon acceptance by the
residential treatment program and any community corrections board with
jurisdiction over the residential treatment program. Residential treatment programs
and community corrections boards are encouraged to develop an expedited review
process to facilitate decision-making and placement of the parolee, if accepted.
(C) Placement in a parolee intensive treatment program operated by the
department in a level I security facility for men or an equivalent security level unit
in a women's facility operated by the department. The department shall provide or
contract for medical services needed by parolees in the intensive treatment
program and may use funding appropriated for clinical services for those medical
services.
(d) If the parole board orders the parolee to participate in a treatment
program as a condition of parole pursuant to paragraph (c) of this subsection (11),
the level of treatment ordered shall be consistent with the treatment level need of
the parolee based upon an assessment instrument approved for use by the unit
within the department of human services that administers behavioral health
programs and services, including those related to mental health and substance
abuse.
(e) If the parolee is unsuccessful in participating in a treatment program
ordered pursuant to paragraph (c) of this subsection (11) and his or her participation
is terminated, the board may consider placement of the parolee in additional
treatment, as appropriate, including a higher level of treatment.
(f) (I) A parolee who violates the conditions of his or her parole by removing
or tampering with an electronic monitoring device that the parolee is required to
wear as a condition of his or her parole is subject to an immediate warrantless
arrest.
(II) Notwithstanding any other provision of this section, if the board
determines that a parolee has violated the conditions of his or her parole by
removing or tampering with an electronic monitoring device that the parolee is
required to wear as a condition of his or her parole, the board may revoke the
parolee's parole pursuant to paragraph (b) of this subsection (11).
(11.5) Each fiscal year, the general assembly shall appropriate a portion of
the savings generated by House Bill 10-1360, enacted in 2010. This appropriation
shall be used only for re-entry support services for parolees related to obtaining
employment, housing, transportation, substance abuse treatment, mental health
treatment, mental health medication, or offender-specific services. The
appropriation shall be made after consideration of the division of adult parole's
status report required pursuant to section 17-2-102 (11).
(12) If the community parole officer is informed by any law enforcement
agency that a parolee has been arrested for a criminal offense and is being
detained in the county jail, the community parole officer shall file a complaint
alleging the criminal offense as a violation of parole. The community parole officer
shall advise the board of any pending criminal proceeding and shall request that a
parole revocation proceeding be deferred pending a disposition of the criminal
charge.
(13) (a) The board may revoke the parole if requested to do so by the parolee.
If a parolee requests to have his or her parole revoked, the parolee shall provide the
board a justifiable reason for requesting revocation of parole.
(b) Prior to revoking parole upon the request of a parolee, the board may
recommend or implement appropriate interventions in order to assist in the parolee
with reintegration and prevent a return to incarceration.
(c) If the board revokes the parole upon the request of the parolee, the board
shall proceed pursuant to paragraph (b) of subsection (11) of this section.
(14) If the board revokes parole and places the parolee in custody,
completion of the term of custody shall not constitute discharge of the parolee's
remaining period of parole unless the term of custody is equal to the parolee's
remaining period of parole.
Source: L. 77: Entire title R&RE, p. 908, � 10, effective August 1. L. 78: (11)
amended, p. 356, � 2, effective April 27. L. 79: (2)(a), (2)(d), (4), (5)(a), (6)(b), and
(9)(a) amended, p. 686, � 26, effective July 1. L. 83: (9)(a) amended, p. 665, � 6,
effective July 1. L. 85: (1)(e), (2)(a), (2)(b), (2)(d), (3), (4)(a), (5), (6), (7), (8), (9), and (11)
amended and (2)(c), (4)(b), and (10) repealed, pp. 633, 641, �� 1, 11, effective July 1;
(2)(e) added, p. 643, � 1, effective July 1. L. 87: (2)(a), (2)(b), (2)(d), (6)(b), (7) to (9),
and (11) amended, p. 952, � 55, effective March 13; (2)(b) amended, (2)(c) RC&RE,
and (6)(c) added, p. 651, �� 3, 4, 5, effective July 1. L. 89: (12) added, p. 863, � 5,
effective April 12; (1)(f) added, p. 877, � 14, effective June 5. L. 90: (4)(a) amended, p.
944, � 15, effective June 7. L. 94: (2)(a), (2)(b), (2)(d), (6)(b), (7), (8), (9), and (11)
amended, pp. 2600, 2594, �� 13, 1, effective June 3. L. 95: (11)(b)(II)(B) amended, p.
1097, � 16, effective May 31. L. 2000: IP(1), (6)(b), (8), and (9)(a) amended, p. 840, �
25, effective May 24. L. 2001: (11)(b)(II)(C) amended and (11)(b)(II)(D) added, p. 502, �
2, effective May 16. L. 2002: (11)(b)(II)(B) amended, p. 1499, � 158, effective October
1. L. 2003: (9)(a) and (11)(b) amended and (13) and (14) added, p. 2674, � 1, effective
July 1; (3)(b) amended, p. 1614, � 9, effective August 6. L. 2008: IP(1), (3), (4)(a), IP(5),
(6), (7), and (12) amended, p. 655, � 4, effective April 25; (11)(b)(III) amended, p. 1035,
� 1, effective August 5. L. 2010: IP(11)(b)(II) amended and (11)(b)(VI) added, (HB 10-1089), ch. 56, p. 204, � 1, effective March 31; IP(11)(b)(II), (11)(b)(IV), and (11)(b)(V)
amended and (11)(b)(III.5), (11)(c), (11)(d), (11)(e), and (11.5) added, (HB 10-1360), ch.
263, pp. 1193, 1194, 1196, �� 2, 4, 5, effective May 25; IP(11)(b)(II) amended and
(11)(b)(III.5) added, (HB 10-1360), ch. 263, p. 1194, � 3, effective August 11. L. 2011: (11)(d) amended, (HB 11-1303), ch. 264, p. 1156, � 28, effective August 10. L. 2013: (11)(b)(III) and (11)(b)(III.5) amended, (SB 13-250), ch. 333, p. 1931, � 46, effective
October 1. L. 2014: (11)(f) added, (HB 14-1044), ch. 199, p. 727, � 2, effective April 15. L. 2015: IP(11)(b)(II) amended, (HB 15-1122), ch. 37, p. 89, � 3, effective March 20; (1)
amended and (1.5) added, (SB 15-124), ch. 251, p. 915, � 2, effective May 29. L. 2017: (11)(b) amended, (HB 17-1326), ch. 394, p. 2027, � 2, effective August 9. L. 2018: (11)(c)(I) and (11)(c)(II)(A) amended, (SB 18-091), ch. 35, p. 385, � 16, effective August
8. L. 2019: (1.5)(d), (1.5)(g)(I), (11)(b)(I), (11)(b)(II), (11)(b)(III), and (11)(c)(II)(B) amended,
(11)(b)(III.5) repealed, and (11)(c)(II)(C) added, (SB 19-143), ch. 286, p. 2656, � 2,
effective May 28. L. 2020: IP(11)(c) amended, (HB 20-1019), ch. 9, p. 25, � 5, effective
March 6. L. 2022: (1.5)(d), (1.5)(e), and (1.5)(f) amended, (HB 22-1257), ch. 69, p. 356,
� 8, effective April 7.