§ 17-22.5-406 — Applicability of part

Colorado § 17-22.5-406

• Jurisdiction: Colorado
• Title 17: Corrections
• Art.: Inmate and Parole Time Computation

Text

(1) (a) This part 4 applies to all offenders
sentenced for crimes committed on or after July 1, 1979.

(b) Notwithstanding paragraph (a) of this subsection (1), the amount of
earned time which may be credited pursuant to this part 4 to any inmate
incarcerated on or before July 1, 1990, shall not exceed the amount of earned time
actually earned by such inmate pursuant to earned time provisions in effect prior to
July 1, 1990.

(c) If the application of the provisions of this subsection (1) would result in
the early discharge of any offender, the department shall refer such offender to the
state board of parole which may, in its discretion, grant or deny parole using the
guidelines established pursuant to section 17-22.5-404, discharge the offender or
place such offender under conditional parole supervision. If the offender is placed
on parole pursuant to this paragraph (c), the state board of parole may revoke the
parole granted to such inmate for a period not to exceed the amount of earned time
granted to the offender pursuant to this part 4.

(d) Nothing in this subsection (1) shall be construed as a mandate to the state
board of parole to release any inmate.

(e) If any inmate incarcerated prior to June 7, 1990, has not accrued any
earned time prior to such date, the provisions of law in effect at the time of such
inmate's sentencing shall apply to such inmate in determining such inmate's
discharge date.

(2) Notwithstanding subsection (1) of this section, no offender incarcerated
on June 7, 1990, shall be released pursuant to the provisions of subsection (1) of this
section unless the department of corrections makes a written certification that the
offender has met the conditions of paragraph (a) of this subsection (2) and at least
two additional of the following criteria:

(a) The offender has not used controlled substances, except pursuant to the
prescription of a physician, for at least one year prior to such certification.

(b) The offender has engaged in a satisfactory participation in available
educational programs during his incarceration.

(c) The offender has engaged in a satisfactory participation in any treatment
programs indicated in his diagnostic evaluation.

(d) The offender has had no serious infractions of the penal code of
discipline for at least two years.

(e) The offender has had an exemplary work record while being incarcerated
under the custody of the department of corrections.

(3) This part 4 shall not apply to any offender who is presently incarcerated
who does not meet the appropriate criteria stated in subsection (2) of this section.
Any such offender's sentence shall be governed by provisions in existence prior to
June 7, 1990.

(4) Repealed.

Legislative History

Source: L. 90: Entire part added, p. 953, � 19, effective June 7. L. 98: (4) repealed, p. 727, � 11, effective May 18.