Section 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.(1.3) Notwithstanding the provisions of subsection (1) of this section to the contrary, after his or her first ninety days in administrative segregation, a state inmate in administrative segregation shall be eligible to receive earned time if he or she meets the criteria required by this section or any modified criteria developed by the department to allow a state inmate to receive the maximum amount of earned time allowable for good behavior and participation in any programs available to the state inmate in administrative segregation.(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perform in the correctional education program, any earned time received pursuant to this paragraph (a) may be withdrawn as provided in subsection (4) of this section.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.(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.Amended by 2020 Ch. 216,§ 29, eff. 6/30/2020.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. L. 2011: (1.3) added, (SB 11-176), ch. 1343, p. 1343, § 3, effective July 1. L. 2020: (1.5)(a) amended, (HB 20-1402), ch. 1047, p. 1047, § 29, effective June 30.This section is similar to former § 17-22.5-102 as it existed prior to 1984.
For the Colorado diagnostic program, see article 40 of this title 17.