§ 18-1.3-207 — Work and education release programs

Colorado § 18-1.3-207

• Jurisdiction: Colorado
• Title 18: Criminal
• Art.: Sentencing in Criminal Cases

Text

(1) As a specific
condition of probation for a person convicted of a felony or misdemeanor, the court
may require the probationer to participate for a period not to exceed two years or
the term to which he or she might be sentenced for the offense committed,
whichever is less, in a supervised work release or education release program.
Utilization of the county jail, a municipal jail, or any other facility may be used for
the probationer's full-time confinement, care, and maintenance, except for the time
he or she is released for scheduled work or education.

(1.1) Before a final ruling by the court authorizing a probationer to participate
in a supervised education release program, the court shall notify the prosecuting
attorney and the postsecondary educational institution requesting their comments
on the pending release. The notice shall include all relevant information pertaining
to the probationer and to the nature of the crime for which he or she was convicted.
Both the prosecuting attorney and the postsecondary educational institution shall
reply to the court in writing within fourteen days after receipt of the notification or
within such other reasonable time in excess of fourteen days as specified by the
court. The postsecondary educational institution's reply shall include a statement
of whether or not it will accept the probationer as a student. Acceptance by a state
postsecondary educational institution shall be pursuant to section 23-5-106, C.R.S.

(2) All employment income of a probationer participating in a work release
program shall be received and deposited by the probation officer in the registry of
the court. The court shall order disbursement of the funds so deposited in payment
of the following items which are listed in the order of their priority:

(a) Any current child support order;

(b) Any child support arrearage;

(c) Any child support debt order;

(d) Any spousal maintenance;

(e) Costs for the crime victim compensation fund, pursuant to section 24-4.1-119, C.R.S.;

(f) Surcharges for the victims and witnesses assistance and law enforcement
fund, pursuant to section 24-4.2-104, C.R.S.;

(g) Restitution;

(h) A time payment fee;

(i) Late fees;

(j) Any other fines, fees, or surcharges;

(k) Room, board, and work supervision inside and outside the county jail or
other facility; and

(l) The probationer.

(3) Any acts by the probationer in violation of the conditions of probation
under subsection (1) of this section may be asserted as a basis for revocation of
probation as provided in sections 16-11-205 and 16-11-206, C.R.S., and any willful
failure to return to the jail or other facility may be punishable as an escape under
section 18-8-208.

Legislative History

Source: L. 2002: Entire article added with relocations, p. 1383, � 2, effective October 1. L. 2008: (2)(e) amended, p. 1889, � 53, effective August 5. L. 2012: (1.1) amended, (SB 12-175), ch. 208, p. 865, � 108, effective July 1.