8 Colo. Code Regs. § 1511-1-3.00

Current through Register Vol. 48, No. 1, January 10, 2025

Section 8 CCR 1511-1-3.00 - Procedures for Meetings and Hearings

3.01 Types of Meetings

A. Meetings and Hearings are open to the public unless the Board convenes in Executive Session. Meetings and Hearings may be conducted by file review, face-to-face, videoconferencing, or telephonic means.

B. Executive Sessions shall be conducted pursuant to § 24-6-402(2), C.R.S.

3.02 Recording of Votes. All votes of the Board at any Hearing, or appeal shall be recorded by Board Member and shall be a public record open to inspection. [§ 17-2-103(2)(e), § 17-2-201(12), C.R.S.]

3.03 Notification of Meetings and Hearings

A. Victim notification shall be provided pursuant to § 24-4.1-302.5, C.R.S.

B. Upon written request from the Victim, the Victim has the right to be informed of a Parole Hearing and the right to be heard at the Hearing. [§ 24-4.1-302.5(j), C.R.S.]

C. Offenses against person. Notice of any Parole proceeding shall be sent by the CDoC, working with the Board, to any Victim or relative of the Victim, if the Victim has died, at least 60 days before the Hearing. [§ 17-2-214(2)(a), C.R.S.]

D. Any offenses other than offenses against a person. Notice of any Parole proceeding shall be provided pursuant to § 17-2-214(2)(a), C.R.S.

E. Any person may make a written request to the CDoC, or the Board, for the notification of any Parole proceeding concerning an Inmate, which notice shall be given by the CDoC, working with the Board, at least 30 days before the Hearing. Such notice shall be sent to the last-known address of the person making a written request for notification in the possession of the CDoC or the Board, and the person making such written request has the duty to keep the CDoC or the Board informed of his or her current address. [§ 17-2-215, C.R.S.]

F. Offender waivers to reschedule a Hearing date must be signed at least 30 days prior to the date of the scheduled Application Hearing and must be submitted on the date of the signing to the Board and the victim services unit.

3.04 Written Submissions to Parole Board

A. Any interested person may submit written information concerning an application for Parole. Such information shall remain confidential.

B. Written Testimony from Victims

(1) Victims may send impact statements directly to the Parole Board or the Victim's Services Unit ("VSU"). Statements received by the VSU will be electronically attached to the Parole Board Hearing application program.

(2) A Victim may submit written information or oral testimony at a Hearing in accordance with § 24-4.1-301 through § 24-4.1-304 C.R.S.

(3) Any written or oral testimony from the Victim or a representative shall remain confidential. Victim identity and input shall be protected from display on the parole board action form or any Parole Hearing report that may become a part of an Inmate record. [§ 17-22.5-404(2)(b) C.R.S.]

(4) Any written testimony received from a Victim regarding an Inmate who is scheduled for a Parole Application Interview shall be given to the Board or the release Hearing officer conducting the Hearing or provided via the CDoC's electronic offender portal.

(5) If the Victim is registered with the VSU, he or she shall file the testimony with the VSU through the offender portal.

(6) If the Victim is not registered with the VSU, he or she shall file the testimony with the Board. Written testimony shall be submitted at least 30 days prior to the published Hearing date if possible. The information or testimony shall be given the appropriate consideration in the Board's decision making process. [§ 17-22.5-404(4)(a)(1); § 17-2-214, C.R.S.]

C. Offender Support

(1) Individuals who wish to demonstrate support of the Offender may submit letters to that effect. § 17-22.5-404(4)(a)(IX), C.R.S.

(2) Support Letters submitted by those in support of Offender's Release shall be sent to the appropriate case manager or community parole officer ("CPO"). A copy of the letter will be kept in the Offender's working file. The case manager or CPO will scan the letters into the computer system for review by the Board. Case managers or CPO's will present the letters to the Board at the Hearing.

3.05 Attendance Requirements

A. General Requirements for Attendance

(1) Persons attending Parole Hearings shall not disrupt the orderly conduct of the Hearing.

(2) Banners, placards, or similar demonstrations or disruptive sounds will be cause for removal from the Hearing.

(3) Opposing parties shall be separated.

(4) During Parole Application Interviews, Full Board Reviews and Rescission Hearings, attorneys may be present with proper clearance, but have no specific legal authority. Attorneys may be present and advocate for their clients during Revocation Hearings.

(5) All visitors will be searched. Failure by a person to comply with requested search and security procedures shall be grounds to deny access to a facility/center.

(6) Visiting time will not be afforded during the Parole Hearing.

B. Access to Hearings

(1) Members of the public shall be permitted access to attend Parole Board Hearings, unless they are currently under criminal supervision or when such access is specifically determined to be incompatible with the safety and security at the Hearing.

(2) For Application Interviews, members of the public may only attend a Hearing at the facility where the Offender is assigned.

(3) The request shall be submitted to the assigned facility at a minimum of 10 working days prior to the Hearing.

(4) Once the clearance has been obtained, the assigned facility will coordinate with the visitor to schedule access.

(5) Members of the public who wish to attend a Hearing must be cleared through the Administrative Head or designee, prior to the date of the Hearing.

(6) In any circumstance where a member of the public is denied access to a Hearing, such decision shall be subject to immediate review by the Administrative Head or designee.

(7) In the event that a decision to deny access to a member of the public is upheld by an Administrative Head, the person denied access shall be advised of his/her right to have such decision immediately reviewed by the Division director or designee. If requested by the person denied access, such review will be telephonically conducted.

C. Victim Attendance at a Hearing

(1) The Board is committed to preserving, protecting, and honoring the rights of crime Victims in accordance with the Colorado Victim Rights Act. [§ 24-4.1-301 through § 24-4.1-304, C.R.S.].

(2) For Application Interviews, Victims may attend Hearings in person at the location of the Parole Board Member who is conducting the interview.

(3) Victims shall be allowed to attend all types of Board Hearings (i.e., Application Interviews, Full Board Reviews, Rescission Hearings, Revocation Hearings). Victims may attend in person or by telephone or video conference.

(4) While on facility property, Victim(s) and their visitor(s) will be separated from individuals appearing in support of the Offender. [§ 24-4.1-303(5), C.R.S.] Whenever practicable, a separate waiting area will be provided for the Victims.

(5) The Board shall establish procedures for Victim(s) in attendance to speak at the Hearing.

(6) Victims shall request to attend a Parole Hearing through the Victim Services Unit (VSU).

(7) Victims who have restraining orders on file may still attend the Hearing and may remain throughout the proceeding, if the Victim so chooses.

(8) The facility must first consult with victim services coordinator if a Victim is denied access.

(9) The Administrative Head of an applicable facility, or the Chairperson, may deny access to the Hearing if the Victim is currently under criminal supervision (e.g., probation, Parole, community corrections), or under the terms of an active deferred sentence, whether supervised or unsupervised.

(10) The VSU will be notified immediately by the case manager or community parole officer of any changes in the scheduled date, time, or location of the Hearing.

(11) Victims may be accompanied by a member of the VSU staff or an approved volunteer victim advocate at all times.

(12) If a Victim appears unannounced to a Hearing, the Victim cannot be excluded from the Hearing, nor can the Hearing proceed without the Victim, unless the Victim is currently under criminal supervision. If the Administrative Head feels there is a security risk, then the Victim may be escorted and monitored by facility CDoC employees, given the opportunity to be heard by the Board, and then escorted out of the facility.

(13) An individual may testify at any Hearing, personally or with counsel, on behalf of the Victim if the individual:

(a) is a Victim of any crime; or

(b) is requested by the Victim to appear on behalf of such Victim; or

(c) is a relative of the Victim if the Victim has died, or

(d) if the Victim is a minor, or

(e) if the Victim is incapacitated and unable to appear. [§ 17-2-214(1), C.R.S.]

(14) A Victim or his or her representative may:

(a) Not directly address the Inmate or the Inmate's family members;

(b) Elect to attend in person or telephonically;

(c) Speak on or off the record to the Board or release Hearing officer prior to the Hearing to provide input; or

(d) Make pertinent final comments at the conclusion of the Hearing.

3.06 Attendance by Offender Supporters

A. For the safety and security of all attendees, offender supporters in attendance will be limited to five.

B. For Application Interviews, offender supporters may only attend a Hearing at the facility where the Offender is assigned.

C. The request shall be submitted to the assigned facility at a minimum of ten working days prior to the Hearing.

D. Once the clearance has been obtained, the assigned facility will coordinate with the visitor to schedule access.

E. Offender supporters who wish to attend a Hearing must be cleared through the Administrative Head, prior to the date of the Hearing.

F. An individual who wishes to be present to support the Offender may do so, but may not have an opportunity to speak unless the presiding Board Member permits the individual to do so.

3.07 Media Presence at Hearings

A. Members of the media who wish to attend any Parole Hearing must notify the CDoC Public Information Officer a minimum of two standard business days in advance of the Hearing.

B. Members of the media must provide full name, date of birth and driver's license number for standard background check for facility access.

C. For Parole Application Interviews, members of the media may only attend at the facility location; not at the location of the Board Member. If more than four media outlets request attendance for any one facility location or application Hearing, a pool reporter will be selected through lottery.

D. No cameras or recording devices are allowed at Hearings.

8 CCR 1511-1-3.00