Colorado § 17-22.5-404.5 Presumption of parole - drug offenders

Colorado Statutes

§ 17-22.5-404.5 — Presumption of parole - drug offenders

Colorado § 17-22.5-404.5

Title 17Corrections

Art.Inmate and Parole Time Computation

This text of Colorado § 17-22.5-404.5 (Presumption of parole - drug offenders) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 17-22.5-404.5 (2026).

Text

(1)There shall be a presumption, subject to the final discretion of the parole board, in favor of granting parole to an inmate who has reached his or her parole eligibility date and who:

(a)Is serving a sentence for which the controlling term of incarceration is based on a felony possession or use offense described in section 18-18-404, or section 18-18-405, C.R.S., as it existed prior to August 11, 2010;

(b)Has not incurred a class I code of penal discipline violation within the last twelve months or a class II code of penal discipline violation within the last three months;

(c)Is program-compliant;

(d)Was not convicted of, and has not previously been convicted of, a felony crime described in section 18-3-303, 18-3-305, 18-3-306, or 18-6-701; sections 18-7-402 to 18-7-407;

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(1) There shall be a
presumption, subject to the final discretion of the parole board, in favor of granting
parole to an inmate who has reached his or her parole eligibility date and who:

(a) Is serving a sentence for which the controlling term of incarceration is
based on a felony possession or use offense described in section 18-18-404, or
section 18-18-405, C.R.S., as it existed prior to August 11, 2010;

(b) Has not incurred a class I code of penal discipline violation within the last
twelve months or a class II code of penal discipline violation within the last three
months;

(c) Is program-compliant;

(d) Was not convicted of, and has not previously been convicted of, a felony
crime described in section 18-3-303, 18-3-305, 18-3-306, or 18-6-701; sections 18-7-402 to 18-7-407; or section 18-12-102 or 18-12-109, C.R.S.; or a felony crime listed
in section 24-4.1-302 (1), C.R.S.; and

(e) Does not have an active felony or immigration detainer.

(2) Notwithstanding any provision of law to the contrary, an inmate who is
eligible for the presumption in subsection (1) of this section shall have a parole
release hearing within ninety days after becoming eligible for the presumption in
subsection (1) of this section.

(3) If the parole board grants parole to an inmate pursuant to subsection (1)
of this section, the parole board shall require as a condition of parole that the
parolee participate in substance abuse treatment consistent with the assessed
treatment need of the parolee.

(4) Repealed.

(5) Nothing in this section shall be construed to limit the discretion of the
parole board in considering the statutory release guidelines in section 17-22.5-404
or the administrative release guidelines developed pursuant to section 17-22.5-107
(1) in making a decision regarding an inmate's application for release to parole.