8 Colo. Code Regs. § 1511-1-5.00
Current through Register Vol. 48, No. 1, January 10, 2025
Section 8 CCR 1511-1-5.00 - Parole Application Interviews and Hearings5.01 Parole Applications. Any Parole applications shall be considered by the Board in accordance with § 17-2-201(4)(a), C.R.S. Parole applications may be conducted by file review without the presence of the Inmate.5.02 Hearing Location A. The Board shall interview all Parole applicants at the institution or in the community in which the Inmate is physically held, or through teleconferencing, videoconferencing or other electronic means.B. Any Inmate of an adult correctional institution who has been transferred by executive order or by civil commitment or ordered by a court of law to the Colorado Mental Health Institute at Pueblo may be heard at that location upon an application for Parole. [§ 17-2-201(10), C.R.S.]5.03 Parole Application Interviews A. Whenever an Inmate initially applies for Parole, the Board shall conduct a Parole Application Interview with the Inmate. The Parole Application Interview may be conducted by video conferencing, telephone, or face-to-face for the consideration of Release on Parole and the setting of destination, duration, and conditions of Parole. [§ 17-2-201(9)(a)(I), C.R.S.]B. The Board shall conduct the Application Interview with an Inmate within 90 days prior to the Inmate's first PED pursuant to § 17-2-201(4)(a), C.R.S. and subsequent Hearings in accordance with the deferral period determined by the Board.C. An Inmate sentenced under any statute which provides for Mandatory Parole shall receive a Parole Application Interview for the setting of the destination, duration, and conditions of Parole.D. Comments by the Inmate will be allowed.E. At the Parole Application Interview, at least one Board Member shall be present. [§ 17-2-201(9)(a)(I), C.R.S.]F. Any final action on an application shall not be required to be made in the presence of the Inmate or Parolee, and shall require the concurrence of at least two Members of the Board. [§ 17-2-201(9)(a)(I), C.R.S.]G. When two Members do not concur, a third Member shall review the record and, if necessary, interview the Inmate or Parolee and cast the deciding vote. [§ 17-2-201(9)(a)(I), C.R.S.]H. If the Inmate is unavailable for a Parole Application Interview, the Inmate may be Released on Parole without a Parole Application Interview after the Board has set conditions of Parole. The Inmate's Case Manager shall be informed of the Board's decision.I. Any Inmate serving a life sentence who is eligible for Release on Parole shall be interviewed by two Board Members.J. Prior to each Parole Application Interview, the Inmate may submit a Parole plan to his/her CDoC Case Manager setting forth his/her intended residence, employment and/or education and other relevant information. K. The Parole plan shall be uploaded to the offender portal for consideration at a Parole Application Interview or at a later date, at the discretion of the Board. 5.04 Parole Application Decisions. A. The Board may reach any one of four decisions at the conclusion of the Parole Application Interview / Hearing: (2) To defer consideration of Parole as follows:(a) Defer to the MRD, if the Inmate's MRD is within 14 months of the Application Interview;(b) Defer for up to 12 months from the date of the Application Interview;(c) Defer for up to 36 months from the date of the Application Interview if the Inmate was convicted of any class 3 sexual offense described in part 4 of article 3 of title 18, C.R.S., a habitual criminal offense as defined in § 18-1.3-801 (2.5), C.R.S., or of any offense subject to the requirements of § 18-1.3-904, C.R.S.; or(d) Defer for up to 60 months from the date of the Application Interview if the Inmate was convicted of a class 1 or class 2 felony that constitutes a crime of violence, as defined in § 18-1.3-406, C.R.S.;(3) To table the case, pending the outcome of the Parole plan investigation, or, pending the receipt of additional information; or(4) To present the matter at a Full Board Review.B. Prior to taking final action, the Board may review, among other things, applicable records, case histories, personal data, criminal records, Parole plan, risk assessment guidelines, objective parole criteria and other information as may be brought before the Board.