Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > RESOURCE CENTER > Prison Legal Help!
Register Entertainment FAQ Calendar Mark Forums Read

Notices

Prison Legal Help! Ask questions, get opinions, and find resources.

Reply
 
Thread Tools Display Modes
  #1  
Old 03-08-2003, 05:28 PM
Tammy Nelson Tammy Nelson is offline
Registered User
 

Join Date: Aug 2002
Location: Over the rainbow
Posts: 135
Thanks: 1
Thanked 0 Times in 0 Posts
Default Colorado info on good time/earned time

I despertally need to know how to find out Exactly what good time/earned time in Colo. State Prisons is & How it is figured...I don't know where to look for this info or I would. PLEASE if any one can advise asap it would be GREATLY appreciated..
Thanks,
Tammy
__________________
~~Tammy~~
Reply With Quote
Sponsored Links
  #2  
Old 03-08-2003, 09:52 PM
KConnor56 KConnor56 is offline
Fianna Fail - Retired
 

Join Date: May 2002
Location: Anaheim, Calif.
Posts: 2,277
Thanks: 0
Thanked 218 Times in 24 Posts
Default

Sorry Tammy I have no idea. Wish I could help you.---------Ken
Reply With Quote
  #3  
Old 03-09-2003, 02:00 AM
Retired-6's Avatar
Retired-6 Retired-6 is offline
Account Closed
 

Join Date: Mar 2003
Posts: 303
Thanks: 0
Thanked 0 Times in 0 Posts
Default

Tammy:

Here is some info that may assist you:

I would recommend that you begin with the Colorado Governor's Advocate for the Dept of Corrections... Inform them that you need to speak with the Administrator of Offender Time/Relese Operations to obtain information (or the updated manual) on time computation.

Colorado Governor's Advocate (DOC): 303-307-2225
Adult Parole: 303-620-4635
DOC Reception and Diagnostic Ctr., (Denver) 303-371-4804

Because statutory information can be confusing due to the way statutory language is written and the specific manner it would apply in the matters you are dealing with. The following information describes only the location the information is maintained. For specific information related to your matters and how they would be transcribed/applied by current statutory and DOC regulations... Contact the Administrator of Offender Time/Release Operations via the Governor's Advocate. Ask that s/he provide you with the phone number for this person or their related dept. or assistant. This office/individual maintains an updated version of the manual on this subject, pursuant to AR 0950-7 of the Colorado Dept. of Corrections.

"Sentence Computaton" maintained by the CDOC is under Administrative Regulation 0950-7 and gives generalized provisional information.

Colorado Revised Statute Title 17 "Corrections", Article 2 "Parole and Probation", and Article 22.5 "Inmate and Parole Time Computation"

Hope this helps in someway and I wish you success

Chris
Reply With Quote
  #4  
Old 03-09-2003, 07:40 AM
Tammy Nelson Tammy Nelson is offline
Registered User
 

Join Date: Aug 2002
Location: Over the rainbow
Posts: 135
Thanks: 1
Thanked 0 Times in 0 Posts
Default

Oh thank you for this info...I have gone thru the time and comp ppl and have gotten 3 different answers as to my husbands PED and they very from 2004 to 2009 and I believe each was looking at the same file for my husband. I was also told 2 different ways that the time is figured..That is why I became desperate to find the info out for myself...Thanks again so much, I now have a starting place...
Tammy
__________________
~~Tammy~~
Reply With Quote
  #5  
Old 03-10-2003, 10:10 AM
emme's Avatar
emme emme is offline
Member
 

Join Date: Aug 2002
Location: prison talk online
Posts: 3,452
Thanks: 0
Thanked 6 Times in 5 Posts
Default

17-22.5-301. Good time.
(1) Each person sentenced for a crime committed on or after July 1, 1979, but before July 1, 1981, whose conduct indicates that he has substantially observed all of the rules and regulations of the institution or facility in which he has been confined and has faithfully performed the duties assigned to him shall be entitled to a good time deduction of fifteen days a month from his sentence. The good time authorized by this section shall vest quarterly and may not be withdrawn once it has vested. No more than forty-five days of good time may be withheld by the department in any three-month period of sentence.
(2) Each person sentenced for a crime committed on or after July 1, 1981, but before July 1, 1985, shall be subject to all the provisions of this part 3; except that the good time authorized by this section shall vest semiannually and no more than ninety days of good time may be withheld by the department in any six-month period of sentence.
(3) Each person sentenced for a crime committed on or after July 1, 1985, shall be subject to all the provisions of this part 3; except that the good time authorized by this section shall not vest and may be withheld or deducted by the department.
(4) Nothing in this section shall be so construed as to prevent the department from withholding good time earnable in subsequent periods of sentence, but not yet earned, for conduct occurring in a given period of sentence.
Source: L. 84: Entire article R&RE, p. 520, § 1, effective July 1. L. 85: (3) amended, p. 646, § 1, effective June 6. L. 98: (3) amended, p. 727, § 10, effective May 18.
Am. Jur.2d. See 60 Am. Jur.2d, Penal and Correctional Institutions, § § 223, 226, 228, 229, 233.
C.J.S. See 72 C.J.S., Prisons, § § 144, 146, 147.
Annotator's note. Since § 17-22.5-301 is similar to former § 17-22.5-101, relevant cases construing that provision have been included with the annotations to this section. For other cases construing good time provisions, see the annotations under § 17-22.5-201.
There is no constitutional right to good-time credits for presentence confinement. People v. Cooper, 662 P.2d 478 (Colo. 1983); People v. Turman, 659 P.2d 1368 (Colo. 1983).
But former section 17-22.5-101 mandated good-time credit for presentence confinement. People v. Chavez, 659 P.2d 1381 (Colo. 1983).
The creation and distribution of good time credits is a matter committed to the authority of the legislature. A trial court order stipulating that credit be given an inmate for good time, presentence confinement, and time served in a community corrections program does not override the discretionary authority granted the department of corrections by the general assembly to withhold or withdraw such credits. Renneke v. Kautzky, 782 P.2d 343 (Colo. 1989).
For crimes committed on or after July 1, 1985, credit for good time is within discretionary authority of the department of corrections. Since the department of corrections may withhold or deduct good time credits, an inmate's maximum control date, as initially calculated by the department of corrections, is not necessarily the date upon which he is entitled to unconditional release. Renneke v. Kautzky, 782 P.2d 343 (Colo. 1989).
Presentence confinement. There is no statutory requirement that a sentencing court include in the mittimus information concerning a defendant's eligibility for good time credit for time spent in presentence confinement. Although such information is often included in the mittimus, it is the department of corrections alone which ultimately determines whether a defendant receives and maintains good time credit. People v. White, 981 P.2d 624 (Colo. App. 1998).
Confinement in county jail. To the extent that a defendant's sentence is served by confinement in county jail, the good-time credit provisions of former § 17-22.5-101 applied. People v. Chavez, 659 P.2d 1381 (Colo. 1983); People v. Roedel, 701 P.2d 891 (Colo. App. 1985).
By statute, good time credit for presentence confinement exists only in the case of crimes committed on or after July 1, 1979. People v. Emig, 676 P.2d 1156 (Colo. 1984).
When defendant entitled to credits. Where the trial court accepts a stipulation stating that the defendant substantially observed all of the rules and regulations of the county jail and faithfully performed the duties assigned to him, he is entitled to good-time credits for his presentence confinement. People v. Hamilton, 662 P.2d 177 (Colo. 1983); People v. Roedel, 701 P.2d 891 (Colo. App. 1985).
Where presentence report reflects that defendant had met the other requirements for a "good time" credit for the period of his presentence confinement, this section requires that the department of corrections recognize such credit. People v. Chavez, 659 P.2d 1381 (Colo. 1983); People v. Johnson, 776 P.2d 1141 (Colo. App. 1989), cert. granted, 785 P.2d 917 (Colo. 1989), rev'd on other grounds, 797 P.2d 1296 (Colo. 1990).
Use of word "shall" mandates good time deduction to each person whose conduct indicates that he or she has observed the rules and regulations of the facility in which such person is confined. People v. Galvin, 835 P.2d 603 (Colo. App. 1992).
Because equal protection and due process claims were not clearly established rights at the time presentence good time credits of inmate were improperly withheld, individual defendants are qualifiedly immune from suit for compensatory damages. Griess v. State of Colorado, 841 F.2d 1042 (10th Cir. 1988) (decided under former § 17-20-107).
An inmate who is incarcerated in the state prison system is eligible for two types of time deduction from his sentence. The first is "good time", under this section, which rewards the inmate who substantially observes the rules and regulations of the facility in which he is confined and who faithfully performs his assigned duties. The second is "earned time" pursuant to § 17-22.5-302 (1) which is provided if the inmate makes substantial progress in matters such as work and training. Bynum v. Kautzky, 784 P.2d 735 (Colo. 1989).
Aggregation of consecutive sentences is proper when calculating good time credit. People v. Broga, 750 P.2d 59 (Colo. 1988).
Good time and earned time credits do not constitute service of sentence and are only used to determine inmate's parole eligibility date. Thorson v. Dept. of Corrections, 801 P.2d 540 (Colo. 1990); Myers v. Price, 842 P.2d 229 (Colo. 1992).
Although the legislature revised and relocated the good time, earned time, and parole provisions originally included in § 16-11-310, eventually moving them to their present location in the statutes in this section and § § 17-22.5-302 and 17-22.5-303, there is nothing in those revisions which would indicate that § 16-11-310 was meant to render inoperative the provision in § 17-22.5-303 allowing reincarceration for a parole violation. Such an interpretation is unjustified since it would severely undermine the ability of the parole system to effect the successful reintegration of former inmates into the community while recognizing the need for public safety. Bynum v. Kautzky, 784 P.2d 735 (Colo. 1989).
The earned time and good time provisions of this section and § 17-22.5-302 do not preclude the reincarceration of an inmate for violation of his parole. These sections, together with § 16-11-310 (now repealed), were only intended to establish the mandatory date of release on parole. Thus, with respect to parole, the good time and earned time credits "vest" only for the purpose of determining parole eligibility, not for purposes of determining whether reincarceration is possible once a former inmate has violated his parole. Bynum v. Kautzky, 784 P.2d 735 (Colo. 1989); Williamson v. Jordan, 797 P.2d 744 (Colo. 1990); Jones v. Martinez, 799 P.2d 385 (Colo. 1990).
Section does not limit the place of confinement where good-time credit can be earned to only those facilities under the supervision of the department of corrections. Community corrections board also has the discretion to withhold or deduct against good-time credits. People v. Galvin, 835 P.2d 603 (Colo. App. 1992).
Good time and earned time credits are not to be credited towards service of sentence but only toward eligibility for parole. Rather v. Suthers, 973 P.2d 1264 (Colo. 1999).
Person convicted of a sex offense is not entitled to mandatory parole; therefore, the accumulation of good time and earned time credits do not make person eligible for immediate release. Rather v. Suthers, 973 P.2d 1264 (Colo. 1999).
17-22.5-302. Earned time.
(1) In addition to the good time authorized in section 17-22.5-301, earned time, not to exceed thirty days for every six months of incarceration, may be deducted from the inmate's sentence upon a demonstration to the department by the inmate that he has made substantial and consistent progress in each of the following categories:
(a) Work and training, including attendance, promptness, performance, cooperation, care of materials, and safety;
(b) Group living, including housekeeping, personal hygiene, cooperation, social adjustment, and double bunking;
(c) Participation in counseling sessions and involvement in self-help groups;
(d) Progress toward the goals and programs established by the Colorado diagnostic program.
(1.5) (a) In addition to the thirty days of earned time authorized in subsection (1) of this section, an inmate who makes positive progress, in accordance with performance standards, goals, and objectives established by the department, in the correctional education program established pursuant to section 17-32-105, shall receive earned time pursuant to section 17-22.5-405; except that, if, upon review of the inmate's performance record, the inmate has failed to satisfactorily perform in the literacy corrections or correctional education program, any earned time received pursuant to this paragraph (a) may be withdrawn as provided in subsection (4) of this section. For purposes of this paragraph (a), "positive progress", at a minimum, means that the person is attentive, responsive, and cooperative during the course of instruction and satisfactorily completes required work assignments equivalent to the courses and hours necessary for advancement at a rate of one grade level per calendar year in the school district where such inmate was last enrolled.
(b) Repealed.
(2) The department shall develop objective standards for measuring substantial and consistent progress in the categories listed in subsection (1) of this section. Such standards shall be applied in all evaluations of inmates for the earned time authorized in this section.
(3) For each inmate sentenced for a crime committed on or after July 1, 1979, but before July 1, 1985, the department shall review the performance record of the inmate and shall grant, consistent with the provisions of this section, an earned time deduction from the sentence imposed. Such review shall be conducted at least annually; except that, in the case of an inmate who has one year or less of his sentence remaining to be served, the review shall be conducted at least semiannually. The earned time deduction authorized by this section shall vest upon being granted and may not be withdrawn once it is granted.
(4) For each inmate sentenced for a crime committed on or after July 1, 1985, the department shall review the performance record of the inmate and may grant, withhold, withdraw, or restore, consistent with the provisions of this section, an earned time deduction from the sentence imposed. Such review shall be conducted as specified in subsection (3) of this section; except that the earned time deduction authorized by this subsection (4) shall not vest upon being granted and may be withdrawn once it is granted.
(5) For each inmate sentenced for a crime committed on or after July 1, 1987, the department shall not credit such inmate with more than one-half of his allowable earned time for any six-month period or portion thereof unless such inmate was employed or was participating in institutional training or treatment programs provided by the department or was participating in some combination of such employment, training, or treatment programs. This subsection (5) shall not apply to those inmates excused from such employment or programs for medical reasons.
Source: L. 84: Entire article R&RE, p. 521, § 1, effective July 1. L. 87: (5) added, p. 654, § 10, effective March 27. L. 88: (1.5) added, p. 697, § 3, effective July 1. L. 90: (1.5)(a) amended and (1.5)(b) repealed, pp. 976, 977, § § 3, 7, effective July 1. L. 91: (1.5)(a) amended, p. 431, § 9, effective May 24. L. 92: (1.5)(a) amended, p. 2173, § 23, effective June 2.
Cross references: For the Colorado diagnostic program, see article 40 of this title.
Am. Jur.2d. See 60 Am. Jur.2d, Penal and Correctional Institutions, § 223.
C.J.S. See 72 C.J.S., Prisons, § § 144-147.
The creation and distribution of credits to be applied against an inmate's sentence are matters committed to the authority of the legislature; trial court orders do not prevail over the letter and intent of statutory provisions adopted by the general assembly. Renneke v. Kautzky, 782 P.2d 343 (Colo. 1989).
For crimes committed on or after July 1, 1985, deductions for earned time are within discretionary authority of the department of corrections. Since the department of corrections may withhold, withdraw, or restore earned time deductions, an inmate's maximum control date, as initially calculated by the department of corrections, is not necessarily the date upon which he is entitled to unconditional release. Renneke v. Kautzky, 782 P.2d 343 (Colo. 1989).
An inmate who is incarcerated in the state prison system is eligible for two types of time deduction from his sentence. The first is "good time" pursuant to § 17-22.5-301, which rewards the inmate who substantially observes the rules and regulations of the facility in which he is confined and who faithfully performs his assigned duties. The second is "earned time" under this section which is provided if the inmate makes substantial progress in matters such as work and training. Bynum v. Kautzky, 784 P.2d 735 (Colo. 1989).
Inmate not entitled to earned time for time spent in county jail because statutory requirements of this section were not met. People v. Alderman, 720 P.2d 1000 (Colo. App. 1986).
Good time and earned time credits do not constitute service of sentence and are only used to determine inmate's parole eligibility date. Thorson v. Dept. of Corrections, 801 P.2d 540 (Colo. 1990); Myers v. Price, 842 P.2d 229 (Colo. 1992).
Subsection (3) of this section and § § 16-11-310 (now repealed), 17-22.5-301 (2), and 17-22.5-303 (2) do not preclude the reincarceration of a person for violating his parole even though his time served, together with his good time and earned time credits accrued, equal or exceed the length of the sentence originally imposed. Bynum v. Kautzky, 784 P.2d 735 (Colo. 1989); Williamson v. Jordan, 797 P.2d 744 (Colo. 1990); Jones v. Martinez, 799 P.2d 385 (Colo. 1990).
The earned time and good time provisions of this section and § 17-22.5-301 do not preclude the reincarceration of an inmate for violation of his parole. These sections, together with § 16-11-310 (now repealed), were only intended to establish the mandatory date of release on parole. Thus, with respect to parole, the good time and earned time credits "vest" only for the purpose of determining parole eligibility, not for purposes of determining whether reincarceration is possible once a former inmate has violated his parole. Bynum v. Kautzky, 784 P.2d 735 (Colo. 1989); Williamson v. Jordan, 797 P.2d 744 (Colo. 1990); Jones v. Martinez, 799 P.2d 385 (Colo. 1990).
Inmates in administrative segregation do not meet certain criteria required for an award of earned time credits, even under the apparently mandatory subsection. Tempelman v. Gunter, 16 F.3d 367 (10th Cir. 1994).
Reply With Quote
  #6  
Old 03-10-2003, 10:11 AM
emme's Avatar
emme emme is offline
Member
 

Join Date: Aug 2002
Location: prison talk online
Posts: 3,452
Thanks: 0
Thanked 6 Times in 5 Posts
Default

sorry the above is so dense...but those are the good time and earned time statutes in colorado...hope they are helpful.
Reply With Quote
  #7  
Old 03-10-2003, 10:18 AM
lulu's Avatar
lulu lulu is offline
Been here forever
 

Join Date: Mar 2002
Location: Tx.
Posts: 9,890
Thanks: 0
Thanked 249 Times in 20 Posts
Default

wow, you people are good.

welcome to PTO tammy, if i have missed you some where.
__________________
many hugs
lulu
Reply With Quote
  #8  
Old 03-10-2003, 11:41 AM
Retired-6's Avatar
Retired-6 Retired-6 is offline
Account Closed
 

Join Date: Mar 2003
Posts: 303
Thanks: 0
Thanked 0 Times in 0 Posts
Default

errr... umm.. ya, what emme said...we'll go with that lol

Chris
Reply With Quote
  #9  
Old 03-10-2003, 12:59 PM
Tammy Nelson Tammy Nelson is offline
Registered User
 

Join Date: Aug 2002
Location: Over the rainbow
Posts: 135
Thanks: 1
Thanked 0 Times in 0 Posts
Default

emme.....I believe I am more dense than what you posted...
I read it twice and will have to print it out and go over it again....
I am still confused but hopefully it will sink in...lol
One more question...
He was sentenced to 32 years in 1995...making release 2028. they said 16 yrs is deducted to make the PED 2012 but they took off pre trial jail time and credited that making his PED
2011.He has completed all classes he was allowed to take and 1 required class. He has worked since the first day he went in and has received high praise and ratings. According to his case mgr his PED has only come down to 2009.The way I figure it at 15 days a month he has been in 96 months and that would be at least 3 1/2 yrs making it at least 2007 and with each additional year spent that would still come down more.Am I looking at this the right way???? He can apply for a half way house 24 months before his ped and each month closer to that time makes the ped much more important to know.
I APPRECIATE it so very much.
Tammy

P.S. Hello lulu...i hve been here for quite awhile just mostly read tho...
__________________
~~Tammy~~
Reply With Quote
  #10  
Old 03-10-2003, 04:30 PM
emme's Avatar
emme emme is offline
Member
 

Join Date: Aug 2002
Location: prison talk online
Posts: 3,452
Thanks: 0
Thanked 6 Times in 5 Posts
Default

oh my gosh tammy...i'll look at it later when i have some time...yikes!!!

more soon...
emme
Reply With Quote
  #11  
Old 03-10-2003, 05:06 PM
Retired-6's Avatar
Retired-6 Retired-6 is offline
Account Closed
 

Join Date: Mar 2003
Posts: 303
Thanks: 0
Thanked 0 Times in 0 Posts
Default

See Tammy I told you staturoty language can be confusing in what it says and how it applies hehe... so often... for every yes there is a no and for every no there is a yes.... That'll teach ya..lol...just teasing... I got your PM and I will write back soon.
Reply With Quote
  #12  
Old 03-10-2003, 09:36 PM
Tammy Nelson Tammy Nelson is offline
Registered User
 

Join Date: Aug 2002
Location: Over the rainbow
Posts: 135
Thanks: 1
Thanked 0 Times in 0 Posts
Default

I will be off line until the 20th...
Will get back with you then..
Thanks
Tammy
__________________
~~Tammy~~
Reply With Quote
  #13  
Old 07-30-2003, 05:13 PM
stang9969 stang9969 is offline
Registered User
 

Join Date: Jul 2003
Location: texas usa
Posts: 7
Thanks: 0
Thanked 0 Times in 0 Posts
Default

A person sentenced to a four-year sentence does not necessarily serve four years. Even the most restrictive sentencing schemes have allowed substantial discounts for earned time, good time, trustee time and meritorious time. In fact, the earliest P.E.D. is currently much less than 50 percent of the imposed sentence.

For crimes committed on or after July 1, 1993, the following formula generally describes how the parole eligibility date is computed: (1) subtract 50 percent from the imposed sentence; (2) subtract any presentence credit from the remainder; and (3) deduct ten days per month earned time for each month of the sentence actually served.

For example, an inmate sentenced to four years with thirty days presentence credit is eligible to meet the parole board in one year, eleven months, less ten days per month earned time for each month actually served. Since the earned time is not awarded prospectively, the P.E.D. is accelerated by ten days for every month the inmate serves. After this inmate had served a year, his P.E.D. would advance from one year, eleven months to one year, seven months from the date sentence was imposed, assuming good behavior. Taking this computation to its conclusion, the inmate would be parole eligible about seventeen months after sentencing, for a total period of incarceration of about eighteen months. Keep in mind that the P.E.D. does not mandate release. If no earned time is awarded and the parole board does not act favorably, the inmate would serve the entire four years.

There are some exceptions to this computation. CRS §§ 17-22.5-303(3) and 403 (2) provide that an offender convicted of second degree murder, first degree assault, first degree kidnapping (except class one kidnapping), first or second degree sexual assault, first degree arson, first degree burglary or aggravated robbery, who has previously been convicted of an offense which would have been a crime of violence under CRS § 16-11-309, must serve 75 percent of the sentence, less earned time, prior to parole eligibility.

If the offender has two prior violent offenses as defined in CRS § 16-11-309, he or she must serve 75 percent of the sentence with no earned time deduction before parole eligibility. Even without this statutory mandate, the parole board would be unlikely to parole these offenders before they had served most, perhaps all, of their sentences.74

The time computation formula is also different for people serving life sentences. For such sentences, the sentence is either life with a forty-year parole eligibility or no parole eligibility.75 Another exception to the computation rule is that CRS § 17-22.5-403 (1) provides that the D.O.C.'s executive director may extend the parole eligibility date for an offender's "misconduct during incarceration." This statute provides the basis for D.O.C.'s administrative disciplinary policy (Code of Penal Discipline) and any punishment that results.

Some inmates are serving concurrent sentences for crimes committed on different dates under different sentencing schemes. In this situation, the time computation rules of the longest sentence govern.76 No such rule applies when the sentences are consecutive.77
__________________
Russ
Reply With Quote
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Forum Jump


All times are GMT -6. The time now is 04:15 PM.
Copyright © 2001- 2013 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics