Section 17-22.5-104 - Parole - regulations(1) Any inmate in the custody of the department may be allowed to go on parole in accordance with section 17-22.5-403, subject to the provisions and conditions contained in this article and article 2 of this title.(2)(a) No inmate imprisoned under a life sentence for a crime committed before July 1, 1977, shall be paroled until such inmate has served at least ten calendar years, and no application for parole shall be made or considered during such period of ten years.(b) No inmate imprisoned under a life sentence for a crime committed on or after July 1, 1977, but before July 1, 1985, shall be paroled until such inmate has served at least twenty calendar years, and no application for parole shall be made or considered during such period of twenty years.(c)(I) Except as described in section 18-1.3-401 (4)(c), C.R.S., and in subparagraphs (IV) and (V) of paragraph (d) of this subsection (2), no inmate imprisoned under a life sentence for a crime committed on or after July 1, 1985, shall be paroled until such inmate has served at least forty calendar years, and no application for parole shall be made or considered during such period of forty years.(II) Subparagraph (I) of this paragraph (c) does not apply to an inmate sentenced pursuant to section 16-13-101 (2), C.R.S., as it existed prior to July 1, 1993, for any crime committed on or after July 1, 1985, and the inmate shall be eligible for parole after the inmate has served forty calendar years less any time authorized pursuant to section 17-22.5-405.(d)(I) No inmate imprisoned under a life sentence for a class 1 felony committed on or after July 1, 1990, shall be eligible for parole.(II) This paragraph (d) shall not apply to any inmate sentenced pursuant to section 18-1.3-801 (2), C.R.S., for any crime committed on or after July 1, 1993, and any such inmate shall be eligible for parole in accordance with section 17-22.5-403.(III) No inmate imprisoned under a life sentence pursuant to section 18-1.3-801 (2.5), C.R.S., and no inmate imprisoned under a life sentence pursuant to section 18-1.3-801 (1), C.R.S., on and after July 1, 1994, for a crime committed on and after that date, shall be paroled until such inmate has served at least forty calendar years, and no application for parole shall be made or considered during such period of forty years.(IV) Notwithstanding subsection (2)(d)(I) of this section, an inmate imprisoned to a life sentence for a class 1 felony committed before July 1, 1990, or on or after July 1, 2006, who was convicted as an adult following direct filing of an information or indictment in the district court pursuant to section 19-2.5-801 or transfer of proceedings to the district court pursuant to section 19-2.5-802, may be eligible for parole after the inmate has served at least forty years, less any earned time granted pursuant to section 17-22.5-405. An application for parole may not be made or considered during this period.(V) Notwithstanding subsection (2)(d)(I) of this section, an inmate sentenced to life imprisonment for a class 1 felony committed on or after July 1, 1990, and before July 1, 2006, who was convicted as an adult following direct filing of an information or indictment in the district court pursuant to section 19-2.5-801, or transfer of proceedings to the district court pursuant to section 19-2.5-802, or pursuant to either of these sections as they existed prior to their repeal and reenactment, with amendments, by House Bill 96-1005, may be eligible for parole after serving forty years, less any earned time granted pursuant to section 17-22.5-405.Amended by 2021 Ch. 136, § 33, eff. 10/1/2021.Amended by 2016 Ch. 353, § 2, eff. 6/10/2016.Amended by 2015 Ch. 154, § 1, eff. 8/5/2015 and applicable to an inmate sentenced pursuant to section 16-13-101 (2), C.R.S., as it existed prior to 7/1/1993, for any crime committed on or after 7/1/1985.L. 84: Entire article R&RE, p. 518, § 1, effective July 1. L. 85: (2)(b) amended and (2)(c) added, p. 648, § 3, effective July 1; (2)(b) amended and (2)(c) added, p. 657, § 5, effective July 1. L. 87: (3) added, p. 654, § 9, effective July 1. L. 90: (1) amended, p. 954, § 24, effective July 1; (2)(d) added, p. 928, § 3, effective July 1. L. 91: (2)(d) amended, p. 404, § 4, effective June 6. L. 93: (1) and (2) amended, p. 1977, § 3, effective July 1. L. 94: (2)(d)(III) amended, p. 1472, § 2, effective May 31. L. 2002: (2)(d)(II) and (2)(d)(III) amended, p. 1501, § 162, effective October 1. L. 2006: (2)(d)(IV) added, p. 1052, § 3, effective May 25. L. 2015: (2)(c) and (2)(d)(I) amended, (HB 15-1203), ch. 461, p. 461, § 1, effective August 5. L. 2016: (2)(c)(I) and (2)(d)(IV) amended and (2)(d)(V) added, (SB 16-181), ch. 1449, p. 1449, § 2, effective June 10. L. 2021: (2)(d)(IV) and (2)(d)(V) amended, (SB 21-059), ch. 716, p. 716, § 33, effective October 1.(1) Subsection (3)(b) provided for the repeal of subsection (3), effective July 1, 1990. (See L. 87, p. 654.)
(2) Section 2 of chapter 154 (HB 15-1203), Session Laws of Colorado 2015, provides that the act amending subsection (2)(c) applies to an inmate sentenced pursuant to section 16-13-101(2), Colorado Revised Statutes, as it existed prior to July 1, 1993, for any crime committed on or after July 1, 1985.
(1) For other provisions concerning parole regulations, see § 17-2-207 . (2) For the legislative declaration contained in the 2002 act amending subsections (2)(d)(II) and (2)(d)(III), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration contained in the 2006 act enacting subsection (2)(d)(IV), see section 1 of chapter 228, Session Laws of Colorado 2006.