(1)(a) On
completion of the minimum period of incarceration specified in a sex offender's
indeterminate sentence, less any earned time credited to the sex offender pursuant
to section 17-22.5-405, C.R.S., the parole board shall schedule a hearing to
determine whether the sex offender may be released on parole. In determining
whether to release the sex offender on parole, the parole board shall determine
whether the sex offender has successfully progressed in treatment and would not
pose an undue threat to the community if released under appropriate treatment and
monitoring requirements and whether there is a strong and reasonable probability
that the person will not thereafter violate the law. The department shall make
recommendations to the parole board concerning whether the s
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(1) (a) On
completion of the minimum period of incarceration specified in a sex offender's
indeterminate sentence, less any earned time credited to the sex offender pursuant
to section 17-22.5-405, C.R.S., the parole board shall schedule a hearing to
determine whether the sex offender may be released on parole. In determining
whether to release the sex offender on parole, the parole board shall determine
whether the sex offender has successfully progressed in treatment and would not
pose an undue threat to the community if released under appropriate treatment and
monitoring requirements and whether there is a strong and reasonable probability
that the person will not thereafter violate the law. The department shall make
recommendations to the parole board concerning whether the sex offender should
be released on parole and the level of treatment and monitoring that should be
imposed as a condition of parole. The recommendation shall be based on the
criteria established by the management board pursuant to section 18-1.3-1009.
(b) If a sex offender is released on parole pursuant to this section, the sex
offender's sentence to incarceration shall continue and shall not be deemed
discharged until such time as the parole board may discharge the sex offender
from parole pursuant to subsection (3) of this section. The period of parole for any
sex offender convicted of a class 4 felony shall be an indeterminate term of at least
ten years and a maximum of the remainder of the sex offender's natural life. The
period of parole for any sex offender convicted of a class 2 or 3 felony shall be an
indeterminate term of at least twenty years and a maximum of the remainder of the
sex offender's natural life.
(c) If the parole board does not release the sex offender on parole pursuant
to paragraph (a) of this subsection (1), the parole board shall review such denial
pursuant to the time periods set forth in section 17-2-201 (4)(a), C.R.S. At each
review, the department shall make recommendations, based on the criteria
established by the management board pursuant to section 18-1.3-1009, concerning
whether the sex offender should be released on parole.
(2) (a) As a condition of release on parole pursuant to this section, a sex
offender shall participate in the intensive supervision parole program created by
the department pursuant to section 18-1.3-1005. Participation in the intensive
supervision parole program shall continue until the sex offender can demonstrate
that he or she has successfully progressed in treatment and would not pose an
undue threat to the community if paroled to a lower level of supervision, at which
time the sex offender's community parole officer may petition the parole board for
a reduction in the sex offender's level of supervision. The sex offender's community
parole officer and treatment provider shall make recommendations to the parole
board concerning whether the sex offender has met the requirements specified in
this subsection (2) such that the level of parole supervision should be reduced. The
recommendations shall be based on the criteria established by the management
board pursuant to section 18-1.3-1009.
(b) Following reduction in a sex offender's level of parole supervision
pursuant to paragraph (a) of this subsection (2), the sex offender's community
parole officer may return the sex offender to the intensive supervision parole
program if the community parole officer determines that an increased level of
supervision is necessary to protect the public safety. The community parole officer
shall notify the parole board as soon as possible after returning the sex offender to
the intensive supervision parole program. To subsequently reduce the sex
offender's level of supervision, the community parole officer may petition the
parole board as provided in paragraph (a) of this subsection (2).
(3) (a) On completion of twenty years on parole for any sex offender
convicted of a class 2 or 3 felony or on completion of ten years of parole for any sex
offender convicted of a class 4 felony, the parole board shall schedule a hearing to
determine whether the sex offender may be discharged from parole. In determining
whether to discharge the sex offender from parole, the parole board shall
determine whether the sex offender has successfully progressed in treatment and
would not pose an undue threat to the community if allowed to live in the
community without treatment or supervision. The sex offender's community parole
officer and treatment provider shall make recommendations to the parole board
concerning whether the sex offender has met the requirements specified in this
subsection (3) such that the sex offender should be discharged from parole. The
recommendations shall be based on the criteria established by the management
board pursuant to section 18-1.3-1009.
(b) If the parole board does not discharge the sex offender from parole
pursuant to paragraph (a) of this subsection (3), the parole board shall review such
denial at least once every three years until it determines that the sex offender
meets the criteria for discharge specified in paragraph (a) of this subsection (3). At
each review, the sex offender's community parole officer and treatment provider
shall make recommendations, based on the criteria established by the management
board pursuant to section 18-1.3-1009, concerning whether the sex offender should
be discharged.
(4) In determining whether to release a sex offender on parole, reduce the
level of supervision, or discharge a sex offender from parole pursuant to this
section, the parole board shall consider the recommendations of the department
and the sex offender's community parole officer and treatment provider. If the
parole board chooses not to follow the recommendations made, it shall make
findings on the record in support of its decision.