View Full Version : Colorado Parole and Probation Information


California Sunshine
03-05-2006, 01:07 PM
PAROLE ELIGIBILITY

Colorado law specifies that any person sentenced for a class 2, class 3, class 4, class 5, or class 6 felony, or any unclassified felony, is eligible for parole after serving 50 percent of the imposed sentence, less earned time. Assuming an inmate earns 100 percent of allowable earned time, the earliest possible parole date is after serving 38 percent of the sentence. (Inmates may not reduce their sentence through earned time by more than 25 percent.)

Offenders convicted of more serious violent crimes, however, are not eligible for parole after serving 50 percent of their sentence. Certain violent offenders must serve 75 percent of their sentence, less earned time. These include offenders convicted of:

• second degree murder;

• first degree assault;

• first degree kidnapping unless the first degree kidnapping is a class 1 felony;

• first or second degree sexual assault;

• first degree arson;

• first degree burglary;

• aggravated robbery, and

• a prior crime which is a crime of violence as defined in Section 16-11-309, C.R.S.

The following crimes are included in the list of crimes of violence:

• any crime against an at-risk adult or at-risk juvenile;

• murder;

• first or second degree assault;

• kidnapping;

• sex assault;

• aggravated robbery;

• first degree arson;

• first degree burglary;

• escape; or

• criminal extortion.

"Crime of violence" also means any unlawful sexual offense in which the defendant caused bodily injury to the victim or in which the defendant used threat, intimidation, or force against the victim. It should be noted that class 1 felony offenders are not eligible for parole.

Any offender convicted and sentenced for a crime enumerated above who twice previously was convicted for a crime which would have been a crime of violence is eligible for parole after serving 75 percent of the sentence, but no earned time is granted.





PRE-PAROLE PROCEDURES


All eligible inmates are scheduled to be seen by the Parole Board at least 90 days prior to their parole eligibility date. Before an inmate can be released from a DOC facility or community corrections program, the inmate must have a parole plan that details where he or she will live and work, and who will be responsible for the inmate upon release. DOC case managers are responsible for preparing an inmate's parole plan. The plan then is submitted to the Division of Adult Parole Services for investigation by a parole officer. A parole officer in the appropriate regional office is assigned to verify information in the parole plan. Ideally, the parole officer visits the inmate's proposed residence, employer, family members, and all other persons identified as potential parole resources. The investigation must be completed within 15 days of the plan's receipt by the division. At the release hearing (discussed further in the next section), the board reviews the inmate's file, hears from the inmate's case manager, and makes a determination of whether parole will be granted.



PAROLE RELEASE HEARINGS AND THE DECISION-MAKING PROCESS

The Parole Board considers a number of variables when deciding whether to release an inmate to parole: the inmate's criminal record; the nature and circumstances of the offense for which the inmate was committed to the DOC; the inmate's behavioral history while incarcerated; participation in treatment and programs; and current psychological and medical evaluations. The Parole Board also must consider the inmate's risk assessment score and apply the current parole guidelines, as set out in statute.

The parole guidelines law sets out nine mitigating factors the board may consider when deciding whether to parole an inmate:

• the offender was a passive or minor participant in the crime;

• the victim precipitated the crime or somehow provoked it;

• there was substantial justification for offense;

• the crime was committed under duress or coercion;

• the offender has no past record or a long crime-free period;

• the offender voluntarily acknowledges wrongdoing;

• the offender has family obligations and further incarceration would cause undue hardship on dependents; and

• the offender has attempted compensation to the victim.

The presence of one or more mitigating factors can result in an earlier release date provided there are no aggravating circumstances associated with the current crime.

The parole guidelines legislation lists 15 aggravating factors. The Parole Board divides the factors into two categories: first degree aggravation and second degree aggravation. First degree factors are most likely to result in a delayed release. First degree aggravating factors include:

• the offender inflicted serious bodily injury and high degree of cruelty;

• the offender was armed with deadly weapons;

• the crime involved multiple victims;

• the crime involved particularly vulnerable victims;

• the victim was a judicial or law enforcement officer;

• the offender displays a pattern of violent conduct;

• the offender was on parole or probation for another felony at commission; and

• the offender was in confinement or on escape status at commission.

Second degree factors may delay release, but for a shorter period. Second degree aggravating factors include:

• offender induced others in commission of offense;

• offender took advantage of a position of trust;

• offender either paid to have the crime committed or was paid to commit the crime;

• crime was premeditated;

• crime was drug or contraband related;

• offender was on bond for previous felony during commission; and

• offender has increasingly serious convictions, juvenile or adult.






** Thank you Cysresse for the info**

California Sunshine
03-05-2006, 01:09 PM
PROBATION ELIGIBILITY

All offenders are eligible to apply to the court to receive a sentence to probation, with the following exceptions:

• persons convicted of a class 1 felony;

• persons convicted of a class 2 petty offense;

• persons who have been twice previously convicted of a felony under Colorado law or any state or federal law. This threshold applies to convictions prior to the conviction for which the offender is applying for probation; and

• persons who have been convicted of one or more felonies in this state, any other state, or the United States within ten years of a prior class 1, class 2, or class 3 felony conviction



PROBATION GUIDELINES

Section 16-11-204, C.R.S., states that the conditions of probation shall be as the court, in its discretion, deems reasonably necessary to ensure that the defendant will lead a law-abiding life. Section 16-11-203, C.R.S., stipulates that the court may sentence an offender to probation, unless due to the nature and circumstances of the offense and due to the history and character of the defendant, the court determines that a sentence to the DOC is more appropriate. The statutes outline the factors that favor a prison sentence:

• there is undue risk that during the probation period the defendant will commit another crime;

• the defendant is in need of correctional treatment that is most effectively provided by imprisonment;

• a sentence to probation would unduly depreciate the seriousness of the defendant's crime or undermine respect for the law;

• the defendant's past criminal record indicates that probation would fail to accomplish its intended purposes; or

• the crime, the facts surrounding it, or the defendant's history and character when considered in relation to statewide sentencing practices relating to persons in circumstances substantially similar to those of the defendant, do not justify the granting of probation.

When considering the factors above, the statutes further guide the sentencing court to weigh the following in determining whether to grant probation:

• whether the criminal conduct caused or threatened serious harm to another person or property;

• whether the offender planned or expected that his/her conduct would cause or threaten serious harm to another person or property;

• whether the defendant acted under strong provocation;

• whether the defendant's conduct was justified by substantial grounds, although they were not sufficient for a legal defense;

• whether the victim induced or facilitated the act committed;

• whether the defendant has a prior criminal history or has been law-abiding for a substantial period of time prior to the offense;

• whether the defendant will or has made restitution to the victim;

• whether the defendant's conduct was the result of circumstances unlikely to recur;

• whether the defendant's character, history, and attitudes indicate he/she is unlikely to reoffend;

• whether the defendant is likely to respond favorably to probationary treatment;

• whether imprisonment would entail undue hardship to the defendant or the defendant's dependents;

• whether the defendant is elderly or in poor health;

• whether the defendant abused a position of public trust or responsibility; or

• whether the defendant cooperated with law enforcement authorities in bringing other offenders to justice.

Once placed on probation, the court may, as a condition of probation, require that the defendant:

• work faithfully at suitable employment or pursue a course of study or vocational training to equip the defendant for suitable employment;

• undergo available medical or psychiatric treatment;

• attend or reside in a facility established for the instruction, recreation, or residence of persons on probation;

• support the defendant's dependents and meet other family responsibilities, including a payment plan for child support;

• pay reasonable costs of court proceedings or costs of probation supervision;

• pay any fines or fees imposed by the court;

• repay all or part of any reward paid by a crime stopper organization;

• refrain from possessing a firearm, destructive device, or any other dangerous weapon;

• refrain from excessive use of alcohol or any unlawful use of a controlled substance;

• report to a probation officer at reasonable times, as directed by the court;

• remain within the jurisdiction of the court, unless granted permission to leave;

• answer all reasonable inquiries by the probation officer and justify to the officer any change of address or employment;

• be subject to home detention;

• be restrained from contact with the victim or victim's family members for crimes involving domestic violence; and

• satisfy any other conditions reasonably related to the defendant's rehabilitation.

In addition, offenders convicted of an offense involving unlawful sexual behavior or for which the factual basis involved an offense involving unlawful sexual behavior must, as a condition of probation, submit to and pay for a chemical blood test to determine the genetic markers.





** Thank you cysresse for info**

California Sunshine
03-05-2006, 01:11 PM
Division of Adult Parole, Community Corrections & YOS





Administrative Offices
12157 West Cedar Drive
Lakewood, CO 80228
Telephone: (303) 763-2420

seansbabyluv
03-06-2006, 11:50 PM
Hi Sunshine...not that the info's not appreciated, BUT, the chances of DISCRETIONARY parole here in Colorado are SLIM and NONE. The Parole Board is under orders from the Governor (who is now being sued because of it), to not grant discretionary parole. The discretionary parole that is being granted, is granted to their MRD (mandatory release date), it makes their numbers LOOK GOOD, but the Offender is still serving his entire sentence.

Thought you would like to know...hopefully things will change next year as the Governor is term limited and it's an election year, but better to not hope to much...

Cindy

California Sunshine
03-11-2006, 07:17 PM
Thanks for the info!

scaredinlove
06-25-2006, 07:15 AM
Quick question-If we are not on parole or probation after he comes home we only have to register on the sex offender website can you live anywhere, or do have the to follow the same rules like you can not live within 1000 feet of a school, etc. Thank you

cologal
07-02-2006, 12:02 PM
I have a question??

Upon release, does the person picking them up from prison have to be approved?

galgrif
07-04-2006, 12:51 PM
I dont have an exact answer for you, however, if conditions of his parole say no contact with you I would be very concerned about that.

nineironninja
04-29-2008, 10:18 PM
FWIW
anyone can pick up an offender

catzbarking
08-10-2008, 05:05 PM
How can someone who has paid almost all of the court fees, is trying very hard to make the payments, and was told that she would have to serve all 24 months as opposed to what was told her...That 20 months (Oct 08) were the recommended amount of time...ask for a modification of the probationary time?

In July I was told that ALL 24 months (Feb 09) would have to be served and that the PO who I had for about 8 months said that it is almost impossible for someone to come up with the entire 1155.00 still owed to the court and whatever was not paid would be placed into collections - BUT I might be recycled through the program again for NOT paying the full court fees AND further be subjected to paying the 50.00 per month fee to this Intervention Company who is contracted by the probation department of Jeffco.

I have to complete a one session Alcohol and Drug "class" for 65.00 before January 31, 09 - my PO said she did not believe I was a druggie or used any alcohol, because I just did not fit their profile and that she believed what happened to me--that I was truly someone who was duped and I had to take the fall out. She said I was doing really well and she knows that I am truly not physically well due to a long standing chronic condition.

I am babbling. Sorry, I just want to know if there is someone I can make my plea to about changing my probation time to 20 months...?

Colorado friend
07-30-2012, 09:09 PM
what happens if a person does not have anywhere to parole to? do they automatically get denied? or will they send them to a halfway house or shelter instead?

how much time do they have to serve to be approved for parole?

:)