(1) As to any person sentenced for a class 2, class 3,
class 4, or class 5 felony committed on or after July 1, 1979, but before July 1, 1981,
the division of adult parole shall provide a one-year period of parole supervision and
assistance in securing employment, housing, and such other services as may effect
the successful reintegration of such offender into the community while recognizing
the need for public safety; except that the state board of parole may discharge an
offender at any time during the year upon a determination that the offender has
been sufficiently rehabilitated and reintegrated into society and can no longer
benefit from parole supervision. The conditions of parole for any such person shall
be established by the state board of parole prior to his release from incarceration.
Upon a determination that the conditions of parole have been violated in any parole
revocation proceeding, the state board of parole shall continue the parole in effect,
modify the conditions of parole if circumstances then shown to exist require such
modifications, or revoke the parole and order the return of the offender to the
institution in which he was originally received for a period of not more than six
months. For second and subsequent revocations of parole, the offender shall be
reincarcerated; but in no event shall any such person spend more than one year
under parole supervision and reincarceration as provided in this section. The good
time deduction authorized by section 17-22.5-301 shall apply to periods of
reincarceration provided for in this section.
(2) As to any person sentenced for a class 2, class 3, class 4, or class 5
felony committed on or after July 1, 1981, and before July 1, 1984, the division of
adult parole shall provide a one-year period of parole supervision and assistance in
securing employment, housing, and such other services as may effect the
successful reintegration of such offender into the community while recognizing the
need for public safety; except that the state board of parole may discharge an
offender at any time during the year upon a determination that the offender has
been sufficiently rehabilitated and reintegrated into society and can no longer
benefit from parole supervision. The conditions of parole for any such person shall
be subject to section 17-2-201 (5)(b) and (5)(c) prior to his or her release from
incarceration; but in no event shall any such person whose initial parole has not
been revoked spend more than one year under parole supervision, as provided in
this section. Upon a determination that the conditions of parole have been violated
in any such parole revocation proceeding, the state board of parole shall continue
the parole in effect, modify the conditions of parole if circumstances then shown to
exist require such modifications, or revoke the parole and order the return of the
offender to the institution in which he or she was originally received for a period of
not more than two years; but in no event shall any period of reincarceration,
subsequent term of parole, and sentence actually served exceed the sentence
imposed pursuant to section 18-1.3-401, C.R.S. The good time deduction authorized
by section 17-22.5-301 shall apply to periods of reincarceration provided for in this
section.
(3) The state board of parole, working in conjunction with the department,
shall adopt risk assessment guidelines, based upon risk of violence to the general
population, to be utilized for determining whether any person sentenced pursuant
to the provisions of section 18-1.3-401, C.R.S., for committing a class 2, class 3,
class 4, or class 5 felony committed on or after July 1, 1984, but before July 1, 1985,
may be suitable for release on his or her parole eligibility date or shall be subject to
extended parole of up to three years. Such guidelines shall include provisions which
take into consideration the progress toward rehabilitation made by the individual as
well as the necessity of guarding the welfare of the community.
(4) As to any person sentenced for a class 2, class 3, class 4, or class 5
felony committed on or after July 1, 1984, but before July 1, 1985, the division of
adult parole shall either release an offender on his or her parole eligibility date,
pursuant to the determination made by the state board of parole, or shall provide up
to three years of parole for any offender who is determined by the state board of
parole to present a high risk to the general population upon release from
incarceration. For persons who are provided parole, the division of adult parole shall
provide a period of up to three years of parole supervision and assistance in
securing employment, housing, and such other services as may effect the
successful reintegration of such offender into the community while recognizing the
need for public safety. The conditions for parole for any such offender under this
subsection (4) shall be established pursuant to section 17-2-201 (5)(b) and (5)(c) by
the state board of parole prior to his or her release from incarceration. Upon a
determination that the conditions of parole have been violated in a parole
revocation proceeding, the state board of parole shall continue the parole in effect,
modify the conditions of parole if circumstances then shown to exist require such
modifications, or revoke the parole and order the return of the offender to the
institution in which he or she was originally received for a period of not more than
five years. In no event shall any period of reincarceration, subsequent term of
parole, and sentence actually served exceed the sentence imposed pursuant to
section 18-1.3-401, C.R.S. The state board of parole may discharge an offender
granted parole under this section at any time during the term of parole upon a
determination that the offender has been sufficiently rehabilitated and
reintegrated into society and can no longer benefit from parole supervision. The
good time deduction authorized by section 17-22.5-301 shall apply to periods of
reincarceration provided for in this section.
(5) Pursuant to section 17-2-201 (9)(a), an interview of an inmate who applies
for parole, who was sentenced for an offense committed on or after July 1, 1979,
may be conducted by one member of the parole board.
(6) Any person sentenced for a class 2, class 3, class 4, class 5, or class 6
felony committed on or after July 1, 1985, shall be eligible for parole after such
person has served the sentence imposed less any time authorized for good time
earned pursuant to section 17-22.5-301 and for earned time pursuant to section 17-22.5-302. Upon an application for parole, the state board of parole, working in
conjunction with the department and using the guidelines established pursuant to
section 17-22.5-404, shall determine whether or not to grant parole and, if granted,
the length of the period of parole, which may be for a period of up to five years. If an
application for parole is refused by the state board of parole, the state board shall
reconsider within one year thereafter the granting of parole to such person and
shall continue the reconsideration 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.
(7) For persons who are granted parole pursuant to subsection (6) of this
section, the division of adult parole shall provide a period of up to five years of
parole supervision and assistance in securing employment, housing, and such other
services as may effect the successful reintegration of such offender into the
community while recognizing the need for public safety. The conditions for parole
for any such offender under this subsection (7) shall be established pursuant to
section 17-22.5-404 by the state board of parole prior to such offender's release
from incarceration. Upon a determination that the conditions of parole have been
violated in a parole revocation proceeding, the state board of parole shall continue
the parole in effect, modify the conditions of parole if circumstances then shown to
exist require such modifications, which circumstances shall be set forth in writing,
or revoke the parole and order the return of the offender to a place of confinement
designated by the executive director for a period of not more than five years. In
computing the period of reincarceration for an offender other than an offender
sentenced for a nonviolent felony offense, as defined in section 17-22.5-405 (5), the
time between the offender's release on parole and return to custody in Colorado for
revocation of such parole shall not be considered to be any part of the term of the
sentence. In no event shall any period of reincarceration and sentence actually
served exceed the sentence imposed pursuant to section 18-1.3-401, C.R.S. The
state board of parole may discharge an offender granted parole under this section
at any time during the term of parole upon a determination that the offender has
been sufficiently rehabilitated and reintegrated into society and can no longer
benefit from parole supervision.
(8) The state board of parole 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.