§ 17-2-201 — State board of parole - duties - definitions

Colorado § 17-2-201

• Jurisdiction: Colorado
• Title 17: Corrections
• Art.: Correctional Services

Text

(1) (a) There is created
the state board of parole, which consists of nine members. The board is a type 1 entity, as defined in section 24-1-105. The members of the board are appointed by
the governor and confirmed by the senate, and they shall devote their full time to
their duties as members of the board. The members are appointed for three-year
terms; except that the terms shall be staggered so that no more than three
members' terms expire in the same year. A member may serve consecutive terms.
The governor may remove a board member for incompetency, neglect of duty,
malfeasance in office, continued failure to use the risk assessment guidelines as
required by section 17-22.5-404, or failure to regularly attend meetings as
determined by the governor. Final conviction of a felony during the term of office of
a board member automatically disqualifies the member from further service on the
board. The board is composed of representatives from multidisciplinary areas of
expertise. Two members must have experience in law enforcement, and one
member must have experience in offender supervision, including parole, probation,
or community corrections. Six members must have experience in other relevant
fields. Each member of the board must have a minimum of five years of experience
in a relevant field and knowledge of parole laws and guidelines, rehabilitation,
correctional administration, the functioning of the criminal justice system, issues
associated with victims of crime, the duties of board members, and actuarial risk
assessment instruments and other offender assessment instruments used by the
board and the department of corrections. A person who has been convicted of a
felony or of a misdemeanor involving moral turpitude or who has any financial
interests that conflict with the duties of a member of the board is ineligible for
appointment.

(b) to (c.2) Repealed.

(d) The governor may appoint a temporary member to replace any member of
the board who becomes temporarily incapacitated. Such temporary member shall
not require senate confirmation unless he serves for a period longer than ninety
days and shall serve at the pleasure of the governor or until the incapacitated
member of the parole board is able to resume his duties. Any temporary member
shall assume all the powers and duties of the incapacitated member. Any such
temporary member shall have the same qualifications as a permanent member as
defined in paragraph (a) of this subsection (1). The board may not have more than
two temporary members at any time.

(e) Each board member shall complete a minimum of twenty hours of
continuing education or training every year in order to maintain proficiency and to
remain current on changes in parole laws and developments in the field. Each
parole board member shall submit to the chairperson proof of attendance and
details regarding any continuing education or training attended including the date,
place, topic, the length of the training, the trainer's name, and any agency or
organizational affiliation. Members may attend trainings individually or as part of a
specific training offered to the parole board as a whole. The sole remedy for failure
to comply with training and data collection requirements shall be removal of the
board member by the governor, and the failure to comply with training and data
collection requirements shall not create any right for any offender.

(2) The governor shall appoint one of the members of the board as the
chairperson of the board and shall also appoint one of the members as the vice-chairperson. Such appointments are subject to change by the governor. The
chairperson shall be the administrative head of the board. The chairperson shall
assure that board policy and rules and regulations are enforced. The chairperson
shall also assure that proper calendars for hearings are compiled and that members
are assigned to conduct such hearings. The vice-chairperson shall act in the
absence of the chairperson and may fulfill such administrative duties as are
delegated by the chairperson.

(3) The chairperson, in addition to other provisions of law, has the following
powers and duties:

(a) To promulgate rules governing the granting and revocation of parole,
including special needs parole pursuant to section 17-22.5-403.5, from correctional
facilities where adult offenders are confined and the fixing of terms of parole and
release dates. All rules governing the granting and revocation of parole
promulgated by the chairperson shall be subject to the approval of a majority of the
board and shall be promulgated pursuant to the provisions of section 24-4-103,
C.R.S.

(b) To promulgate rules for the conduct of board members, the procedures
for board hearings, and procedures for the board to comply with state fiscal and
procurement regulations. All administrative rules and regulations promulgated by
the chairperson shall be promulgated pursuant to the provisions of section 24-4-103, C.R.S.

(c) To develop and update a written operational manual for parole board
members, release hearing officers, and administrative hearing officers under
contract with the board by December 31, 2012. The operational manual shall
include, but need not be limited to, board policies and rules, a summary of state
laws governing the board, and all administrative release and revocation guidelines
that the parole board is required to use. The chairperson will ensure that all new
parole board members receive training and orientation on the operational manual.

(c.5) (Deleted by amendment, L. 2011, (SB 11-241), ch. 200, p. 833, � 3,
effective May 23, 2011.)

(d) To adopt a policy pursuant to which the board may conduct parole
hearings, parole revocation hearings, and board meetings using video
teleconferencing technology. At a minimum, the policy shall identify:

(I) The agenda items, if any, that the board may not consider during video
teleconferences of hearings or meetings;

(II) The correctional facilities that the chairperson determines will be
accessible via video teleconferencing for purposes of conducting hearings or
meetings. In identifying such correctional facilities, the chairperson may include the
Colorado mental health institute at Pueblo for purposes of hearings held at the
institute pursuant to subsection (10) of this section.

(e) To ensure that parole board members, release hearing officers, and
administrative hearing officers under contract with the board fulfill the annual
training requirements described in paragraph (e) of subsection (1) of this section
and in section 17-2-202.5. The chairperson shall notify the governor if any board
member, release hearing officer, or administrative hearing officer fails to comply
with the training requirements.

(f) To ensure that parole board members, release hearing officers, and
administrative hearing officers under contract with the board are accurately
collecting data and information on his or her decision-making as required by section
17-22.5-404 (6). The chairperson shall notify the governor immediately if any board
member, release hearing officer, or administrative hearing officer fails to comply
with data collection requirements.

(g) To conduct an annual comprehensive review of board functions to
identify workload inefficiencies and to develop strategies or recommendations to
address any workload inefficiencies;

(h) (I) To contract with licensed attorneys to serve as administrative hearing
officers to conduct parole revocation hearings pursuant to rules adopted by the
parole board; or

(II) To appoint an administrative law judge pursuant to the provisions of
section 24-30-1003, C.R.S., to conduct parole revocation hearings pursuant to the
rules and regulations promulgated pursuant to this subsection (3). Any references
to the board regarding parole revocation hearings or revocation of parole shall
include an administrative law judge appointed pursuant to this paragraph (h).

(h.1) To contract with qualified individuals to serve as release hearing
officers:

(I) To conduct parole application hearings for inmates convicted of class 4,
class 5, or class 6 felonies or level 3 or level 4 drug felonies who have been
assessed to be less than high risk by the Colorado risk assessment scale developed
pursuant to section 17-22.5-404 (2)(a), or hearings pursuant to subsection (19) of
this section pursuant to rules adopted by the parole board; and

(II) To set parole conditions for inmates eligible for release to mandatory
parole.

(3.5) Notwithstanding section 24-1-136 (11)(a)(I), the chairperson shall
annually make a presentation to the judiciary committees of the house of
representatives and the senate, or any successor committees, regarding the
operations of the board.

(3.7) (a) Notwithstanding any other provision in this section, an inmate is not
eligible for parole if the inmate:

(I) Has been convicted of a class 1 code of penal discipline violation within
the twelve months preceding his or her next ordinarily scheduled parole hearing; or

(II) Has, within the twelve months preceding his or her next ordinarily
scheduled parole hearing, declined in writing to participate in programs that have
been recommended and made available to the inmate.

(b) An inmate who is described by subparagraph (I) or (II) of paragraph (a) of
this subsection (3.7) may be eligible for parole when the applicable condition has
not been in effect for the preceding twelve months.

(c) If two schedules with different parole application hearing dates apply to
the same inmate, the board shall give effect to the schedule that includes the later
parole application hearing date.

(d) The board shall provide victim notification in accordance with section 24-4.1-302.5, C.R.S., for all parole application hearings for which the inmate is eligible
for parole, as such eligibility is determined pursuant to the provisions of this
section.

(e) As used in this subsection (3.7), eligible for parole means an inmate is
eligible to make application to the board for parole and includes an inmate's initial
application as well as any subsequent application for parole review or
reconsideration.

(4) The board has the following powers and duties:

(a) To meet as often as necessary every month to consider all applications
for parole. The board may parole any person who is sentenced or committed to a
correctional facility when such person has served his or her minimum sentence, less
time allowed for good behavior, and there is a strong and reasonable probability
that the person will not thereafter violate the law and that release of such person
from institutional custody is compatible with the welfare of society. If the board
refuses an application for parole, the board shall reconsider the granting of parole
to such person within one year thereafter, or earlier if the board so chooses, and
shall continue to reconsider the granting of parole each year thereafter until such
person is granted parole or until such person is discharged pursuant to law; except
that, if the person applying for parole was convicted of any class 3 sexual offense
described in part 4 of article 3 of title 18, C.R.S., a habitual criminal offense as
defined in section 18-1.3-801 (2.5), C.R.S., or of any offense subject to the
requirements of section 18-1.3-904, C.R.S., the board need only reconsider granting
parole to such person once every three years, until the board grants such person
parole or until such person is discharged pursuant to law, or if the person applying
for parole was convicted of a class 1 or class 2 felony that constitutes a crime of
violence, as defined in section 18-1.3-406, C.R.S., the board need only reconsider
granting parole to such person once every five years, until the board grants such
person parole or until such person is discharged pursuant to law.

(b) To conduct hearings on parole revocations as required by section 17-2-103. Such hearings shall be exempt from the requirements set forth in section 24-4-105, C.R.S. Judicial review of any revocation of parole shall be held pursuant to
section 18-1-410 (1)(h), C.R.S.

(c) To issue, pursuant to rules and regulations, an order of exigent
circumstances to place an offender under parole supervision immediately upon
release from a correctional facility when the board is prevented from complying
with publication and interview requirements due to the application of time served
prior to confinement in a correctional facility and the operation of good time
credits;

(d) To carry out the duties prescribed in article 11.5 of title 16, C.R.S.;

(e) To carry out the duties prescribed in article 11.7 of title 16, C.R.S.;

(f) (I) To conduct an initial or subsequent parole release review in lieu of a
hearing, without the presence of the inmate, if:

(A) The application for release is for special needs parole pursuant to section
17-22.5-403.5, and victim notification is not required pursuant to section 24-4.1-302.5;

(B) A detainer from the United States immigration and customs enforcement
agency has been filed with the department, the inmate meets the criteria for the
presumption of parole in section 17-22.5-404.7, and victim notification is not
required pursuant to section 24-4.1-302.5;

(C) The inmate has a statutory discharge date or mandatory release date
within six months after his or her next ordinarily scheduled parole hearing and
victim notification is not required pursuant to section 24-4.1-302.5;

(D) The inmate is assessed to be a low or very low risk on the validated risk
assessment instrument developed pursuant to section 17-22.5-404 (2), the inmate
meets readiness criteria established by the board, and victim notification is not
required pursuant to section 24-4.1-302.5; or

(E) The inmate is subject to subsection (19) of this section.

(II) The board shall notify the inmate's case manager if the board decides to
conduct a parole release review without the presence of the inmate, and the case
manager shall notify the inmate of the board's decision. The case manager may
request that the board reconsider and conduct a hearing with the inmate present.

(4.5) The board may grant, deny, defer, suspend, revoke, or specify or modify
the conditions of any parole for any defendant committed to the department of
corrections in a manner that is in the best interests of the defendant and the public.

(5) (a) As to any person sentenced for conviction of a felony committed prior
to July 1, 1979, or of a misdemeanor and as to any person sentenced for conviction
of an offense involving unlawful sexual behavior or for which the factual basis
involved an offense involving unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S., committed prior to July 1, 1996, or a class 1 felony and as to any
person sentenced as a habitual criminal pursuant to section 18-1.3-801, C.R.S., for
an offense committed prior to July 1, 2003, the board has the sole power to grant or
refuse to grant parole and to fix the condition thereof and has full discretion to set
the duration of the term of parole granted, but in no event shall the term of parole
exceed the maximum sentence imposed upon the inmate by the court or five years,
whichever is less; except that the five-year limitation shall not apply to parole
granted pursuant to section 17-22.5-403.7 for a class 1 felony.

(a.3) (I) Any person sentenced as a habitual criminal pursuant to section 18-1.3-801 (1.5) or (2) for an offense committed on or after July 1, 2003, shall be subject
to the mandatory parole set forth in section 18-1.3-401 (1)(a)(V)(A), 18-1.3-401
(1)(a)(V)(A.1), or 18-1.3-401.5 for the class or level of felony of which the person is
convicted.

(II) As to any person sentenced as a habitual criminal pursuant to section 18-1.3-801 (1) or (2.5), C.R.S., for an offense committed on or after July 1, 2003, upon
completion of forty calendar years of incarceration in the department of
corrections, the parole board may schedule a hearing to determine whether the
inmate may be released on parole. If the inmate is released on parole, the life
sentence shall continue and shall not be deemed to be discharged until such time
as the parole board may discharge the offender. The offender shall serve at least
five years on parole prior to discharge. If the parole board revokes the parole, the
offender shall be returned to the department of corrections to serve the remainder
of the life sentence. The parole board need only reconsider granting parole to such
inmate once every three years.

(a.5) Except as otherwise provided in paragraph (a.7) of this subsection (5),
as to any person sentenced for conviction of an offense involving unlawful sexual
behavior or for which the factual basis involved an offense involving unlawful
sexual behavior as defined in section 16-22-102 (9), C.R.S., committed on or after
July 1, 1996, but prior to July 1, 2002, the board has the sole power to grant or refuse
to grant parole and to fix the condition thereof and has full discretion to set the
duration of the term of parole granted, but in no event shall the term of parole
exceed the maximum sentence imposed upon the inmate by the court.

(a.6) As to any person who is sentenced for conviction of an offense
committed on or after July 1, 2002, involving unlawful sexual behavior, as defined in
section 16-22-102 (9), or for conviction of an offense committed on or after July 1,
2002, the underlying factual basis of which involved unlawful sexual behavior, and
who is not subject to the provisions of part 10 of article 1.3 of title 18, such person
shall be subject to the mandatory period of parole set forth in section 18-1.3-401
(1)(a)(V)(A) or 18-1.3-401 (1)(a)(V)(A.1).

(a.7) As to any person sentenced for conviction of a sex offense pursuant to
the provisions of part 10 of article 1.3 of title 18, C.R.S., committed on or after
November 1, 1998, the board shall grant parole or refuse to grant parole, fix the
conditions thereof, and set the duration of the term of parole granted pursuant to
the provisions of part 10 of article 1.3 of title 18, C.R.S.

(b) (I) Conditions imposed for parole may include, but are not limited to,
placing the offender on home detention as defined in section 18-1.3-106 (1.1).

(II) The board shall not revoke parole for lack of payment of parole
supervision fees.

(c) (I) As a condition of parole, the board shall order that the offender make
restitution to the victim or victims of his or her conduct if such restitution has been
ordered by the court pursuant to article 18.5 of title 16. The order must require the
offender to make restitution within the period of time that the offender is on parole
as specified by the board. In the event that the defendant does not make full
restitution by the date specified by the board, the restitution may be collected as
provided for in article 18.5 of title 16.

(II) Except if the offender is subject to subsection (19) of this section, if the
offender fails to pay the restitution, he or she may be returned to the board and,
upon proof of failure to pay, the board shall:

(A) (Deleted by amendment, L. 96, p. 1779, � 5, effective June 3, 1996.)

(B) Order that the offender continue on parole or extend the period of parole,
either subject to the same condition or modified conditions of parole; or

(C) Revoke the 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; or

(D) Revoke parole for a period not to exceed one hundred eighty days and
request the sheriff of the county in which the hearing is held to transport the
parolee to a community corrections program pursuant to section 18-1.3-301 (3),
C.R.S., a place of confinement within the department of corrections, or any private
facility that is under contract with the department of corrections; or

(E) Revoke parole for a period not to exceed ninety days and request the
sheriff of the county in which the hearing is held to transport the parolee to the
county jail of such county or to any private facility that is under contract with the
department of corrections.

(III) (Deleted by amendment, L. 2000, p. 1043, � 4, effective September 1,
2000.)

(d) If, as a condition of parole pursuant to paragraph (b) of this subsection
(5), a parolee will be required to attend a postsecondary educational institution as a
part of his parole plan, the board, before granting parole, shall first notify the
postsecondary educational institution and the prosecuting attorney of the parolee's
plan and request their comments thereon. The notice shall include all relevant
information pertaining to the person and the crime for which he was convicted. The
postsecondary educational institution and the prosecuting attorney shall reply to
the board in writing within ten days of receipt of the notification or within such
other reasonable time in excess of ten days as specified by the board. The
postsecondary educational institution's reply shall include a statement of whether
or not it will accept the parolee as a student. Acceptance by a state postsecondary
educational institution shall be pursuant to section 23-5-106, C.R.S.

(e) As a condition of parole of every person convicted of the class 2 felony of
sexual assault in the first degree under section 18-3-402 (3), C.R.S., for an offense
committed prior to November 1, 1998, the board shall require that the parolee
participate in a program of mental health counseling or receive appropriate
treatment to the extent that the board deems appropriate to effectuate the
successful reintegration of the parolee into the community.

(f) (I) As a condition of every parole, the parolee shall sign a written
agreement that contains the parole conditions deemed appropriate by the board.
The conditions must include, but are not limited to, the following:

(A) That the parolee shall go directly to a place designated by the board
upon his release from the institution to which he has been confined;

(B) That the parolee shall establish a residence of record and shall not
change it without giving prior notification to his or her community parole officer and
that the parolee shall not leave the state without the permission of his or her
community parole officer;

(C) That the parolee shall obey all state and federal laws and municipal
ordinances, conduct himself or herself as a law-abiding citizen, and obey and
cooperate with his or her community parole officer;

(D) That the parolee shall permit residential visits by the community parole
officer and allow the community parole officer to make searches of the parolee's
person, residence, or vehicle;

(D.5) That the parolee shall report as directed by the community parole
officer. Unless inconsistent with other conditions imposed by the division of adult
parole in the department of corrections, the division of adult parole shall allow a
parolee to meet with the community parole officer through a telephone call or
audio-visual communication technology. Unless inconsistent with other conditions
imposed by the division of adult parole, in directing the parolee to report to the
community parole officer, the community parole officer shall schedule, in good
faith, the meeting at mutually agreeable times with the parolee that do not conflict
with the parolee's essential obligations, including work, education, job training,
dependent care, medical appointments, and other parole requirements.

(E) That the parolee shall not own, possess, or have under his control or in his
custody any firearm or other deadly weapon;

(F) Repealed.

(G) That the parolee shall seek and obtain employment or shall participate in
a full-time educational or vocational program while on parole, unless such
requirement is waived by his or her community parole officer;

(H) That the parolee shall not abuse alcoholic beverages or use illegal drugs
while on parole;

(I) That the parolee shall abide by any other condition the board may
determine to be necessary;

(J) That the parolee shall contact any delegate child support enforcement
unit with whom the parolee may have a child support case to arrange and fulfill a
payment plan to pay current child support, child support arrearages, or child
support debt due under a court or administrative order.

(II) The parole agreement shall also contain a notification to the parolee that,
should he violate any of the said conditions or should his behavior while on parole
indicate the potentiality for criminality or violence, his parole may be subject to
revocation.

(III) The provisions of this paragraph (f) shall apply to any person paroled on
or after July 1, 1987, and to any person whose parole conditions are modified by the
board on or after said date.

(g) (I) As a condition of parole, the board shall require any offender convicted
of or who pled guilty or nolo contendere to an offense for which the factual basis
involved a sexual offense as described in part 4 of article 3 of title 18, C.R.S., to
submit to chemical testing of a biological substance sample from the offender to
determine the genetic markers thereof and to chemical testing of his or her saliva
to determine the secretor status thereof. Such testing shall occur prior to the
offender's release from incarceration, and the results thereof shall be filed with and
maintained by the Colorado bureau of investigation. The results of such tests shall
be furnished to any law enforcement agency upon request.

(II) The provisions of this paragraph (g) shall apply to any person who is
paroled on or after May 29, 1988, and to any person whose parole conditions are
modified by the board on or after said date.

(III) Any costs of implementing this paragraph (g) shall be derived solely
from appropriations made from moneys in the victims assistance and law
enforcement fund created pursuant to section 24-33.5-506, C.R.S.

(h) Repealed.

(i) (Deleted by amendment, L. 2001, p. 955, � 3, effective July 1, 2001.)

(j) As a condition of parole, the board may order any person who is not
otherwise subject to the provisions of article 22 of title 16, C.R.S., and is convicted
of an offense, the underlying factual basis of which is determined by the
department of corrections to involve unlawful sexual behavior, as defined in section
16-22-102 (9), C.R.S., to register as a sex offender for the period of the person's
parole. Such registration shall be completed as provided in article 22 of title 16,
C.R.S. Within five business days after completion of the period of parole and final
discharge from the legal custody of the department of corrections, the department
of corrections shall notify the Colorado bureau of investigation to remove the
person's name from the Colorado sex offender registry.

(k) As a condition of every grant of parole, the board shall require the
offender to execute a written prior waiver of extradition stating that the offender
consents to extradition to this state and waives all formal procedures incidental to
extradition proceedings in the event that the offender is arrested in another state
upon an allegation that the defendant has violated the terms of his or her parole,
and acknowledging that the offender shall not be admitted to bail in any other state
pending extradition to this state.

(5.3) Notwithstanding any law to the contrary, the possession or use of
natural medicine or natural medicine product, as authorized pursuant to section 18-18-434, article 170 of title 12, or article 50 of title 44, must not be considered an
offense such that its possession or use constitutes a violation of conditions of
parole.

(5.5) (a) As a condition of parole, the board may require every parolee at the
parolee's own expense to submit to random chemical testing of a biological
substance sample from the parolee to determine the presence of drugs or alcohol.

(b) For purposes of this subsection (5.5), drug means:

(I) Any controlled substance as defined in section 18-18-102 (5), C.R.S.; and

(II) Any drug as defined in section 27-80-203 (13), C.R.S., if chemical
testing conducted pursuant to paragraph (a) of this subsection (5.5) reveals such
drug is present at such a level as to be considered abusive pursuant to regulations
established by the board in consultation with the department of human services.

(c) (I) If chemical testing is required as a condition of parole, the community
parole officer is responsible for acquiring at random a biological substance sample
from a parolee.

(II) At the time the community parole officer acquires a biological substance
sample pursuant to subparagraph (I) of this paragraph (c), the community parole
officer shall direct the parolee to pay the necessary fee for the testing of his or her
biological substance sample directly to the private laboratory under contract with
the department, the department of public safety, or a local governmental agency
pursuant to subparagraph (IV) of this paragraph (c).

(III) The community parole officer shall submit the biological substance
sample to a private laboratory under contract with the department, the department
of public safety, or a local governmental agency pursuant to subparagraph (IV) of
this paragraph (c) for testing. The contracting laboratory shall return the results of
the tests to the community parole officer within five working days after receipt of
the sample. The results of the test shall be made available by the community parole
officer to the parolee or the parolee's attorney on request.

(IV) The department and the department of public safety and local
governmental agencies for inmates paroled to community corrections facilities
shall enter into one or more contracts with private laboratories for chemical testing
under this subsection (5.5). Any private laboratory that contracts with the
department, the department of public safety, or a local governmental agency shall
use appropriate methods to ensure compliance with evidentiary rules and
requirements. Any contract entered into pursuant to this subparagraph (IV) shall
specify the fee to be charged the parolee for chemical biological substance sample
testing.

(d) (I) If a chemical test administered pursuant to the requirements of this
subsection (5.5) reflects the presence of drugs or alcohol, the parolee may be
required to participate at his own expense in an appropriate drug or alcohol
program, community correctional nonresidential program, mental health program,
or other fee-based or non-fee-based treatment program approved by the parole
board.

(II) (A) Any subsequent chemical testing reflecting the presence of alcohol
may be grounds for arrest of the parolee and the initiation of revocation
proceedings at the discretion of the community parole officer pursuant to section
17-2-103.

(B) A parolee may be arrested and a proceeding for revocation may be
initiated pursuant to the provisions of section 17-2-103 if any subsequent chemical
test reflects the presence of drugs pursuant to subparagraph (I) of paragraph (b) of
this subsection (5.5).

(C) A parolee may be arrested and proceedings for revocation may be
initiated pursuant to section 17-2-103 if any subsequent chemical test reveals the
presence of drugs as defined in subparagraph (II) of paragraph (b) of this
subsection (5.5) at a level considered to be abusive as established by the board
pursuant to said section.

(e) Repealed.

(f) Section 16-3-309, C.R.S., pertaining to the admissibility of laboratory
tests shall apply to the admissibility of chemical tests required by this subsection
(5.5) in parole revocation hearings conducted pursuant to section 17-2-103.

(g) This subsection (5.5) shall not apply to any parolee to whom article 11.5 of
title 16, C.R.S., applies.

(5.7) If, as a condition of parole, an offender is required to undergo
counseling or treatment, unless the parole board determines that treatment at
another facility or with another person is warranted, the treatment or counseling
must be at a facility or with a person:

(a) Approved by the behavioral health administration in the department of
human services if the treatment is for alcohol or drug abuse;

(b) Certified or approved by the sex offender management board,
established in section 16-11.7-103, C.R.S., if the offender is a sex offender;

(c) Certified or approved by a domestic violence treatment board,
established pursuant to part 8 of article 6 of title 18, C.R.S., if the offender was
convicted of or the underlying factual basis of the offense included an act of
domestic violence as defined in section 18-6-800.3, C.R.S.; or

(d) Licensed or certified by the division of adult parole in the department of
corrections, the department of regulatory agencies, the behavioral health
administration in the department of human services, the state board of nursing, or
the Colorado medical board, whichever is appropriate for the required treatment or
counseling.

(5.8) Notwithstanding the provisions of subsection (5.7) of this section, if, as
a condition of parole, an offender who was convicted of or pled guilty to an offense
involving unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S., is
required to undergo counseling or treatment, such treatment or counseling shall be
at a facility or with a person listed in subsection (5.7) of this section and the parole
board may not determine treatment at another facility or with another person is
warranted.

(5.9) As a condition of parole of each person convicted of a felony DUI
offense described in section 42-4-1301 (1)(a), (1)(b), or (2)(a), C.R.S., the board shall
require the parolee to use an approved ignition interlock device for the entire period
of the person's parole.

(6) The board has the authority at any time after the period of any parole is
fixed to shorten the period thereof or to lengthen said period within the limits
specified in subsection (5) of this section; except that the provisions of this
subsection (6) shall not apply to any person sentenced as a sex offender pursuant
to part 10 of article 1.3 of title 18, C.R.S.

(7) The board has exclusive power to conduct all proceedings involving an
application for revocation of parole.

(8) The board has the power, in the performance of official duties, to issue
warrants and subpoenas, to compel the attendance of witnesses and the production
of books, papers, and other documents pertinent to the subject of its inquiry, and to
administer oaths and take the testimony of persons under oath. The issuance of a
warrant tolls the expiration of a parolee's parole.

(9) (a) (I) Except as otherwise provided in subparagraph (I) of paragraph (f) of
subsection (4) of this section, whenever an inmate initially applies for parole, the
board shall conduct an interview with the inmate. At such interview at least one
member of the board shall be present. Any final action on an application shall not
be required to be made in the presence of the inmate or parolee, and any such
action shall require the concurrence of at least two members of the board. When
the two members do not concur, a third member shall review the record and, if
deemed necessary, interview the applicant and cast the deciding vote. Any
subsequent application for parole shall be considered by the board in accordance
with the provisions of paragraph (a) of subsection (4) of this section.

(II) The provisions of subparagraph (I) of this paragraph (a) shall also apply to
all interviews of inmates who apply for parole pursuant to section 17-22.5-303, who
were sentenced for an offense committed on or after July 1, 1979.

(b) When a recommendation has been made before the board for revocation
or modification of a parole, the final disposition of such application shall be reduced
to writing. The parolee shall be advised by the board of the final decision at the
conclusion of the hearing or within a period not to exceed five working days
following said hearing; however, a parolee may waive the five-day notice
requirement. A copy of the final order of the board shall be delivered to the parolee
within ten working days after the completion of the hearing.

(c) If the parolee decides to appeal the decision to revoke his parole, such
appeal shall be filed within thirty days of such decision. The parolee shall remain in
custody pending the appeal. Two members of the board, excluding the one who
conducted the revocation proceeding, shall review the record within fifteen working
days after the filing of the appeal. They shall notify the parolee of their decision in
writing within ten working days after such decision has been made.

(d) The district attorney or the attorney general may appeal the decision of a
member of the board to two members of the board, excluding the member who
conducted the parole revocation proceeding.

(10) The board shall interview all parole applicants at the institution or in the
community in which the inmate is physically held or through teleconferencing as
provided in subsection (3)(d)(II) of this section. The site location of an interview must
not be changed within the thirty days preceding the interview date without the
approval of the board. Any inmate of an adult correctional institution who has been
transferred by executive order or by civil certification or ordered by a court of law
to the Colorado mental health institute at Pueblo may be heard at the Colorado
mental health institute at Pueblo upon an application for parole.

(11) Repealed.

(12) 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.

(13) (a) The board may appoint or contract with an attorney to represent a
parolee at a parole revocation hearing only if:

(I) The parolee denies that he violated the condition or conditions of his
parole, as set forth in the complaint;

(II) The parolee is incapable of speaking effectively for himself;

(III) The parolee establishes to the satisfaction of the board that he is
indigent; and

(IV) The board, after reviewing the complaint, makes specific findings in
writing that the issues to be resolved are complex and that the parolee requires the
assistance of counsel.

(b) Repealed.

(14) The board shall consider the parole of a person whose parole is revoked
either for a technical violation or based on a self-revocation at least once within one
hundred eighty days after the revocation if the person's release date is more than
nine months from the date of the person's revocation; except that a person whose
parole is revoked based on a technical violation that involved the use of a weapon
shall not be considered for parole for one year.

(15) Each correctional facility and private contract prison shall make
available to the board hearing room space and video teleconferencing technology
that are acceptable to the board for the purpose of conducting parole hearings
within the administrative area of or another location within the facility acceptable
to the board.

(16) The board shall submit to the department of corrections staff involved
with making community corrections transition placement referrals the name and
register number of each inmate the board is recommending for community
corrections transition placement. The department of corrections staff involved with
making community corrections transition placement referrals shall inform the
board when the referral has been made or the reason why it was not submitted.

(17) If an offender completes a community corrections program, the board
shall schedule a parole release hearing within sixty days after the offender's
completion of the program. If the decision is to deny parole, a majority of the full
board is required to deny parole pursuant to this subsection (17).

(18) (a) The parole board shall conduct a file review for each inmate who is
listed on the notifications provided to the board pursuant to section 17-1-119.7
(2)(a)(II) or (2)(a)(III) within ten days after receiving the notification. The parole board
must evaluate the inmate's institutional behavior, program progress, and
appropriateness for release.

(b) If the parole board grants parole to an inmate on the notification list
pursuant to section 17-1-119.7 (2)(a)(II), it may set the release date up to thirty days
prior to the inmate's mandatory release date but not sooner than fifteen days after
the file review. The department shall notify the inmate's parole sponsor to verify his
or her willingness and ability to sponsor the inmate on the amended release date.

(c) If the parole board grants parole to an inmate on the notification list
pursuant to section 17-1-119.7 (2)(a)(III), it may set the release date no sooner than
fifteen days after the file review. The department shall notify the inmate's parole
sponsor to verify his or her willingness and ability to sponsor the inmate on the
amended release date.

(19) (a) Except as provided in subsection (19)(b) of this section, if a person has
an approved parole plan, has been assessed to be low or very low risk on the
validated risk assessment scale developed pursuant to section 17-22.5-404 (2), and
the parole release guidelines recommend release, the parole board may deny
parole only by a majority vote of the full parole board.

(b) An inmate is not eligible for release pursuant to subsection (19)(a) of this
section if he or she has had a class I code of penal discipline violation within the
previous twelve months from the date of consideration by the parole board or since
incarceration, whichever is shorter; has been terminated for lack of progress or has
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; is
required to be considered by the full board for release; or has a pending felony
charge, detainer, or an extraditable warrant.

(c) If the parole board denies parole to an inmate pursuant to subsection
(19)(a) of this section, the board shall submit to the department the basis for the
denial in writing.

(20) The parole board or an individual member of the parole board shall not
deny parole solely because the inmate does not have a recommended parole plan. If
the parole board considers an inmate appropriate for release except for the lack of
a recommended parole plan, the parole board shall delay the release hearing
decision or render a conditional release decision and request that the department
submit a recommended parole plan or any other information requested by the
parole board within thirty calendar days.

(21) (a) Notwithstanding any other provision of law to the contrary, the parole
board shall conduct a parole hearing or the board may review the application and
issue a decision without a hearing, pursuant to section 17-2-201 (4)(f), within ninety
days after July 6, 2021, if a person currently incarcerated has a controlling sentence
for a crime enumerated in subsection (21)(b) of this section.

(b) Eligible offenses are escape, as described in section 18-8-208, or attempt
to escape, as described in section 18-8-208.1, in effect prior to March 6, 2020, if the
underlying factual basis satisfies the elements of the crime of unauthorized
absence or attempted unauthorized absence, as described in section 18-8-208.2
(2)(a) or (2)(b).

(c) An inmate is not eligible for expedited parole consideration under this
subsection (21) if:

(I) The inmate is not currently at or past his or her parole eligibility date; or

(II) The inmate is ineligible for release to parole pursuant to subsection
(3.7)(a) of this section.

(d) The department shall provide victim notification as required by section
24-4.1-303 (14)(d).

Legislative History

Source: L. 77: Entire title R&RE, p. 911, � 10, effective August 1. L. 79: (3)(a), (3)(b), (6), and (7) amended, (3)(c) repealed, pp. 688, 705, �� 27, 88, effective July 1; (3)(f) added and (5)(a) amended, p. 666, �� 11, 12, effective July 1. L. 81: (5)(b) amended and (5)(c) added, p. 942, � 2, effective July 1. L. 84: (5)(d) added, p. 497, � 2, effective April 5; (3)(g) added and (5)(c)(II)(B) amended, p. 511, �� 2, 1, effective April 13; (5)(c)(II)(B) amended, p. 524, � 4, effective July 1. L. 85: (3) and (4) R&RE, p. 639, � 4, effective June 6; (1), (2), (7), (8), (9), and (11) amended, pp. 637, 638, �� 2, 3, effective July 1; (5)(c)(I) and (5)(c)(III) amended, p. 628, � 2, effective July 1; (5)(e) added, p. 667, � 4, effective July 1; (12) added, p. 643, � 2, effective July 1. L. 87: (3)(c), (7), (8), and (9)(b) amended, p. 954, � 56, effective March 13; (1)(b) amended, p. 906, � 11, effective June 15; (1) and (9)(c) amended and (5)(f) and (13) added, pp. 651, 653, �� 7, 8, effective July 1; (5.5) added, p. 660, � 1, effective July 1. L. 88: (5)(g) added, p. 701, � 1, effective May 29; (5)(b) amended, p. 709, � 5, effective July 1. L. 90: (1)(a) and (1)(b) amended and (1)(c) and (1)(d) added, p. 959, � 1, effective June 7. L. 91: (10) amended, p. 1142, � 5, effective May 18; (4)(d) and (5.5)(g) added, p. 442, �� 6, 7, effective May 29. L. 92: (1)(a) amended, p. 2172, � 22, effective June 2; (4)(e) added, p. 461, � 5, effective June 2; (5)(f)(I)(H) and (5)(f)(I)(I) amended and (5)(f)(I)(J) added, p. 211, � 14, effective August 1. L. 94: (1)(b), (3)(c), (4)(a), (7), (8), (9)(a)(I), and (9)(b) amended, pp. 2595, 2596, 2598, �� 3, 4, 5, 8, effective June 3; (5.5)(b)(II) and (5.5)(c) amended, p. 2732, � 355, effective July 1. L. 95: (3)(c) and (9)(b) amended, p. 1272, � 5, effective June 5; (5.5)(c) amended, p. 465, � 9, effective July 1. L. 96: (5)(c) amended, p. 1779, � 5, effective June 3; (5)(a) amended and (5)(a.5) added, p. 1584, � 6, effective July 1. L. 97: (5)(c)(I) amended, p. 1566, � 14, effective July 1. L. 98: (13)(b) repealed, p. 727, � 9, effective May 18; (5)(a.7) added and (5)(e) and (6) amended, p. 1291, �� 10, 11, effective November 1. L. 99: (5)(h) and (5)(i) added, p. 1168, � 2, effective July 1. L. 2000: (11) repealed, p. 842, � 28, effective May 24; (3)(d) added, p. 1056, � 1, effective May 26; (5.7) added, p. 236, � 7, effective July 1; (5)(c) amended, p. 1043, � 4, effective September 1; (3)(a) amended, p. 1496, � 3, effective July 1, 2001. L. 2001: (3)(c.5) added, p. 502, � 3, effective May 16; (5.8) added, p. 658, � 7, effective May 30; (5)(g), (5)(h), and (5)(i) amended, p. 955, � 3, effective July 1. L. 2002: (5)(a.5) amended and (5)(a.6) added, p. 125, � 2, effective March 26; (5.7)(a) amended, p. 666, � 11, effective May 28; (5)(g)(I) and (5.8) amended, p. 1017, � 22, effective June 1; (5)(a), (5)(a.5), (5)(a.6), and (5.8) amended and (5)(j) added, pp. 1185, 1192, 1181, �� 19, 40, 5, effective July 1; (5)(g)(I) and (5)(h)(I) amended, p. 1152, � 8, effective July 1; (4)(a), (5)(a), (5)(a.6), (5)(a.7), (5)(b), (5)(c)(II)(D), and (6) amended, pp. 1500, 1566, �� 159, 388, effective October 1. L. 2003: (5)(g)(I) amended, p. 1433, � 25, effective April 29 and (5)(a) amended and (5)(a.3) added, p. 1436, � 33, effective July 1; (4)(a) amended, p. 813, � 3, effective July 1; (14) added, p. 2676, � 3, effective July 1. L. 2004: (1)(a), (1)(b), and (1)(c) amended, p. 437, � 1, effective April 13; (10) amended and (15) added, p. 587, � 1, effective April 21. L. 2006: (5)(a) amended, p. 1054, � 7, effective May 25; (5)(k) added, p. 342, � 5, effective July 1; (5)(h)(IV) added by revision, pp. 1689, 1693, �� 6, 17. L. 2008: IP(5.5)(a), (5.5)(c), and (5.5)(e) amended, p. 461, � 1, effective April 14; (5)(f)(I)(B), (5)(f)(I)(C), (5)(f)(I)(D), (5)(f)(I)(F), (5)(f)(I)(G), (5.5)(c)(I), (5.5)(c)(II), (5.5)(c)(III), and (5.5)(d)(II)(A) amended, p. 657, � 6, effective April 25; (5.5)(c)(II) amended, p. 1888, � 49, effective August 5. L. 2010: (5.7)(a) amended, (SB 10-175), ch. 188, p. 784, � 24, effective April 29; (3.5) added, (HB 10-1374), ch. 261, p. 1187, � 9, effective May 25; (5.7)(d) amended, (HB 10-1260), ch. 403, p. 1986, � 75, effective July 1; (9)(a)(I) amended, (HB 10-1422), ch. 419, p. 2073, � 30, effective August 11. L. 2011: (1)(a), (3)(c), and (3)(c.5) amended and (1)(e), (3)(e), (3)(f), (3)(g), (3)(h), (3)(h.1), and (4)(f) added, (SB 11-241), ch. 200, pp. 832, 833, 834, �� 2, 3, 4, effective May 23; (3.5) amended, (HB 11-1064), ch. 234, p. 1010, � 2, effective May 27; (5.7)(d) amended, (HB 11-1303), ch. 264, p. 1156, � 29, effective August 10. L. 2012: (3)(h.1)(I) amended, (HB 12-1310), ch. 268, p. 1403, � 27, effective June 7; (5.5)(b) amended, (HB 12-1311), ch. 281, p. 1617, � 36, effective July 1. L. 2013: (3)(h.1)(I) amended, (SB 13-250), ch. 333, p. 1932, � 47, effective October 1. L. 2014: (5)(a.3)(I) amended, (SB 14-163), ch. 391, p. 1969, � 4, effective June 6. L. 2015: (4)(f)(I) and (9)(a)(I) amended and (3.7) added, (HB 15-1122), ch. 37, p. 88, � 2, effective March 20;(5.5)(e) amended, (SB 15-124), ch. 251, p. 918, � 4, effective May 29; (5.9) added, (HB 15-1043), ch. 262, p. 998, � 10, effective August 5. L. 2016: (4)(f)(I)(B) amended, (SB 16-189), ch. 210, p. 759, � 27, effective June 6. L. 2017: IP(5.7), (5.7)(a), and (5.7)(d) amended, (SB 17-242), ch. 263, p. 1253, � 11, effective May 25; (3.5) amended, (SB 17-031), ch. 92, p. 281, � 7, effective August 9; (4)(f)(I) amended, (HB 17-1326), ch. 394, p. 2030, � 4, effective August 9; (5)(c)(I), (5)(f)(I)(B), (5)(f)(I)(D), (5.5)(a), and (5.5)(c)(I) amended and (5)(f)(I)(F) and (5.5)(e) repealed, (HB 17-1308), ch. 371, p. 1928, � 2, effective August 9. L. 2018: (5)(a.3)(I) and (5)(a.6) amended, (HB 18-1029), ch. 153, p. 1087, � 2, effective April 23; (4)(f)(I)(D) amended, (HB 18-1375), ch. 274, p. 1700, � 19, effective May 29; (18) added, (HB 18-1410), ch. 394, p. 2353, � 2, effective June 6; (16) and (17) added, (HB 18-1251), ch. 272, p. 1669, � 1, effective August 8. L. 2019: (1)(a) amended and (1)(c.2) added, (SB 19-165), ch. 242, p. 2373, � 1, effective May 20; (3)(h.1)(I), (4)(f)(I)(C), (4)(f)(I)(D), and IP(5)(c)(II) amended and (4)(f)(I)(E) and (19) added, (SB 19-143), ch. 286, p. 2658, � 3, effective May 28. L. 2020: (10) amended, (SB 20-136), ch. 70, p. 284, � 9, effective September 14. L. 2021: (20) and (21) added, (SB 21-146), ch. 459, pp. 3083, 3086, �� 4, 11, effective July 6. L. 2022: (1)(a) and (1)(c.2) amended and (1)(b) and (1)(c) repealed, (SB 22-013), ch. 2, p. 23, � 27, effective February 25; (5.7)(a) and (5.7)(d) amended, (HB 22-1278), ch. 222, p. 1495, � 21, effective July 1; (1)(a) amended, (SB 22-162), ch. 469, p. 3422, � 203, effective August 10. L. 2023: (5.3) added, (SB 23-290), ch. 249, p. 1419, � 34, effective July 1. L. 2024: (5)(b), IP(5)(f)(I), and (5)(f)(I)(D) amended and (4.5) and (5)(f)(I)(D.5) added, (HB 24-1445), ch. 353, p. 2406, � 3, effective September 1. L. 2025: (1)(a) amended, (SB 25-275), ch. 377, p. 2045, � 73, effective August 6.