8 Colo. Code Regs. § 1511-1-6.00

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

Section 8 CCR 1511-1-6.00 - Board's Consideration of Parole

6.01 General Considerations

A. The Board's central consideration in making decisions related to the timing and conditions of Release on Parole or revocation of Parole shall be the risk of re-offense. § 17-22.5-404(1)(a) and § 17-22.5-403(1), C.R.S.

B. The Board may Parole an Inmate who has reached his or her PED. [§ 17-2-204(1), C.R.S.]

C. The Board shall consider eligibility for Parole pursuant to statute, including § 17-22.5-403, C.R.S. and § 17-2-201(5), C.R.S.

D. The Board may Parole an Inmate when he or she:

(1) Has served his or her minimum sentence, less time allowed for good behavior; and

(2) There is a strong and reasonable probability that the person will not thereafter violate the law; and

(3) The Release of such person from institutional custody is compatible with the welfare of society. [§ 17-2-201(4)(a), C.R.S.]

6.02 Parole Board Administrative Release Guideline Instrument ("PBRGI")

A. The Board shall use the Parole Board Administrative Release Guideline Instrument (PBRGI) developed pursuant to § 17-22.5-107(1), C.R.S., incorporating the Colorado Actuarial Risk Assessment Scale (CARAS) developed pursuant to § 17-22.5-404(2), C.R.S. in evaluating an application for Parole.

B. The Board shall determine whether a decision granting, revoking, or denying Parole conformed with or departed from the administrative guidelines created pursuant to § 17-22.5-107, C.R.S. and, if the decision was a departure from the guidelines, the reason for the departure, shall be indicated. [§ 17-22.5-404(6)(b), C.R.S.]

C. The PBRGI shall not be used in considering those Inmates classified as indeterminate sex offenders pursuant to § 18-1.3-1009, C.R.S., or determinate sex offenders pursuant to § 17-22.5-404(4)(c)(II), C.R.S.

6.03 Sex Offender Assessment

A. For those Inmates classified as a sex offender according to § 16-11.7-102, C.R.S; or § 16-22-103(2), C.R.S., the Board shall use assessment tools in accordance with § 17-22.5-404(4)(c)(II), C.R.S.

6.04 Consideration of the Totality of the Circumstances

A. In considering Inmates for Parole, the Board shall consider the totality of the circumstances, which include, but need not be limited to, the following factors:

(1) The testimony or written statement from the Victim of the crime, or a relative of the Victim, or a designee, pursuant to section § 17-2-214, C.R.S.;

(2) The actuarial risk of reoffense;

(3) The Offender's assessed criminogenic need level;

(4) The Offender's program or treatment participation and progress;

(5) The Offender's institutional conduct;

(6) The adequacy of the Offender's Parole plan;

(7) Whether the Offender, while under sentence, has threatened or harassed the Victim, or the Victim's family, or has caused the Victim, or the Victim's family, to be threatened or harassed, either verbally or in writing;

(8) Aggravating or mitigating factors from the criminal case;

(9) The testimony or written statement from a prospective Parole sponsor, employer, or other person who would be available to assist the Offender if released on Parole;

(10) Whether the Offender had previously absconded or escaped or attempted to abscond or escape while on community supervision; and

(11) Whether the Offender completed or worked toward completing a high school diploma, a general equivalency degree, or a college degree during his or her period of incarceration.

8 CCR 1511-1-6.00