§ 17-26-109 — Deductions of time - record keeping - forfeitures - definition

Colorado § 17-26-109

• Jurisdiction: Colorado
• Title 17: Corrections
• Art.: Jails

Text

(1)
Every person who is sentenced to and imprisoned in any county jail of this state who
performs faithfully the duties assigned to him or her and conducts himself or
herself in accordance with the rules of the jail earns deductions from the time of his
or her sentence as follows:

(a) An inmate receives a seven-day deduction for each thirty days on his or
her sentence which shall be calculated on a pro-rated basis from the
commencement of the sentence, all or part of which is subject to forfeiture if the
inmate is found to have violated any of the rules and regulations of the jail or has
not faithfully accepted or completed the duties assigned to him or her;

(b) In addition to the deduction described in subsection (1)(a) of this section,
an inmate may receive a three-day deduction for each thirty days on his or her
sentence if he or she:

(I) Successfully completes a designated program or educational activity
within the jail or is designated by the county sheriff as a trusty prisoner;

(II) Is engaged in work within or outside the walls of the jail;

(III) Performs his or her work in a credible manner;

(IV) Conducts himself or herself in accordance with the rules of the jail; and

(V) Is approved by the sheriff to receive a deduction pursuant to this
subsection (1)(b);

(c) (I) In addition to the deductions described in subsection (1)(a) of this
section, an inmate may receive a three-day maximum deduction when the inmate
takes an unusual or extraordinary action, as determined by the county sheriff. This
deduction may be granted on an incident-by-incident basis and is not subject to the
deduction cap described in subsection (1)(a) of this section.

(II) If a county sheriff awards a deduction pursuant to this subsection (1)(c),
the county sheriff shall notify the chief judge of the judicial district where the
defendant was convicted of the award not later than three business days after the
deduction is awarded. When providing the notice, the sheriff shall indicate how
many days were deducted and the nature of the unusual or extraordinary action
taken by the inmate.

(d) and (e) Repealed.

(f) (I) In addition to the deductions described in subsections (1)(a), (1)(b), and
(1)(c) of this section, an inmate may receive a three-day maximum deduction when
the inmate takes an unusual or extraordinary action, as determined by the county
sheriff. This deduction may be granted on an incident-by-incident basis.

(II) If a county sheriff awards a deduction pursuant to this subsection (1)(f),
he or she shall notify the chief judge of the judicial district of such fact not later
than three business days after the deduction is awarded. In providing such notice,
the sheriff shall indicate how many days were deducted and the nature of the
unusual or extraordinary action taken by the inmate.

(2) Each county jail shall keep a record of each inmate's deductions of time
and changes in deductions of time as a result of policy violations by the inmate.

(3) (a) If an inmate is found to have committed a willful violation of any of the
rules or regulations of the jail, the sheriff of the county in which the jail is situated
shall determine whether the inmate shall forfeit some or all of the deductions from
the inmate's sentence through implementation of a process as outlined in a policy
provided to all inmates, which is applied consistently and complies with the best
practices for correctional settings.

(b) If an inmate escapes or attempts to escape from a jail or an alternative
sentence program, he or she forfeits all deductions from his or her sentence that he
or she received up to the time of the escape or attempted escape.

(4) An inmate who is sentenced to any alternative sentence pursuant to
section 18-1.3-106 arising out of a sentence pursuant to section 42-4-1307 (5)(a)(I),
(5)(b), or (6)(a)(I) may receive a sentence deduction pursuant to this section only
after serving any mandatory period of time pursuant to those sections.

(5) As used in this section, day means a twenty-four-hour calendar day.

Legislative History

Source: L. 77: Entire title R&RE, p. 937, � 10, effective August 1. L. 2009: Entire section amended, (HB 09-1263), ch. 105, p. 382, � 1, effective August 5. L. 2017: Entire section amended, (HB 17-1015), ch. 71, p. 221, � 1, effective August 9. L. 2021: IP(1), (1)(a), (1)(b), (1)(c), (2), and (3)(a) amended, (SB 21-271), ch. 462, p. 3164, � 176, effective March 1, 2022; (1)(e)(II) added by revision, (SB 21-271), ch. 462, pp. 3164, 3331, �� 176, 803. L. 2022: (1)(b)(I) amended, (HB 22-1229), ch. 68, p. 343, � 15, effective March 1. L. 2023: (1)(f)(I) amended, (HB 23-1301), ch. 303, p. 1820, � 20, effective August 7.