Section 17-22.5-403.7 - Parole eligibility - youthful offender - juvenile offender convicted as adult - definition(1) As used in this section, "inmate" means a person:(a)(I) Who is convicted as an adult of a felony following direct filing of an information or indictment in the district court pursuant to section 19-2.5-801;(II) Who is convicted as an adult of a felony following transfer of proceedings to the district court pursuant to section 19-2.5-802; or(III) Who is convicted as an adult of a felony offense and sentenced to the department when the offense for which the person convicted was committed when the person was eighteen years of age or older but less than twenty-one years of age; and(b) Who is sentenced to life imprisonment with the possibility of parole after serving a period of forty calendar years as provided in section 18-1.3-401 (4)(b), C.R.S.(2) After considering any relevant evidence presented by any person or agency and considering the presumptions set forth in section 17-34-102 (8), the governor may grant parole to an inmate prior to the inmate's parole eligibility date if, in the governor's opinion, extraordinary mitigating circumstances exist and the inmate's release from institutional custody is compatible with the safety and welfare of society. However, nothing in this section grants the governor the authority to grant early parole pursuant to the provisions of this section to an inmate serving a sentence of life without the possibility of parole.(3) Upon application for parole by an inmate, the state board of parole, working in conjunction with the department and using the guidelines established pursuant to section 17-22.5-404, shall determine whether to grant parole. If the state board of parole determines that placing the inmate on parole is appropriate, the inmate shall remain in the legal custody of the department of corrections for the remainder of his or her life. If an application for parole is refused by the state board of parole, the state board of parole shall reconsider within five years thereafter whether the inmate should be granted parole. The state board of parole shall continue such reconsideration at least once every five years thereafter until the inmate is granted parole.(4)(a) If the state board of parole grants parole pursuant to subsection (3) of this section, the division of adult parole shall provide parole supervision and assistance in securing employment, housing, and such other services as may affect the successful reintegration of the inmate into the community while recognizing the need for public safety.(b) The conditions for parole for the inmate under this subsection (4) shall be established pursuant to section 17-22.5-404 by the state board of parole prior to the inmate's release from incarceration. Upon a determination that the conditions of parole have been violated in a parole revocation proceeding, the state board of parole shall: (I) Continue the parole in effect;(II) Modify the conditions of parole if circumstances then shown to exist require such modifications and set forth those circumstances in writing; or(III) Revoke the parole and order the return of the inmate to a place of confinement designated by the executive director for any period of time remaining on the inmate's sentence to incarceration.(c) An inmate who has been reincarcerated due to a parole revocation pursuant to this subsection (4) shall be eligible for parole at any time during the reincarceration.(5)(a) If an inmate is subsequently reincarcerated pursuant to paragraph (b) of subsection (4) of this section, following reincarceration, the inmate may apply for parole and the state board of parole, working in conjunction with the department and using the guidelines established pursuant to section 17-22.5-404, shall determine whether to grant parole. If the state board of parole refuses the application for parole, the state board of parole shall reconsider within one year thereafter whether the inmate should be granted parole. The state board of parole shall continue such reconsideration each year thereafter, until the board grants the inmate parole.(b) If the state board of parole grants parole to an inmate pursuant to paragraph (a) of this subsection (5), the provisions of subsection (4) of this section shall apply while the inmate is serving the remainder of the period of parole.(6)(a) When an offender applies for early parole pursuant to this section after having successfully completed the specialized program described in section 17-34-102, the offender shall make his or her application to the governor's office with notice and a copy of the application sent to the state board of parole created in section 17-2-201. The state board of parole shall review the offender's application and all supporting documents and schedule a hearing if the board considers making a recommendation for early parole, at which hearing any victim must have the opportunity to be heard, pursuant to section 24-4.1-302.5 (1)(j), C.R.S. Not later than ninety days after receipt of a copy of an offender's application for early parole, the state board of parole, after considering the presumptions set forth in section 17-34-102 (8), shall make a recommendation to the governor concerning whether early parole should be granted to the offender.(b) The department, in consultation with the state board of parole, shall develop any necessary policies and procedures to implement this subsection (6), including procedures for providing notice to any victim, as required by sections 24-4.1-302.5 (1)(j) and 24-4.1-303 (14), C.R.S., and to the district attorney's office that prosecuted the crime for which the offender was sentenced.Amended by 2021 Ch. 136, § 35, eff. 10/1/2021.Amended by 2021 Ch. 448, § 4, eff. 9/7/2021.Amended by 2016 Ch. 352, § 4, eff. 8/10/2016.L. 2006: Entire section added, p. 1053, § 5, effective May 25. L. 2016: (2) amended and (6) added, (SB 16-180), ch. 1444, p. 1444, § 4, effective August 10. L. 2021: (1)(a) and (2) amended, (HB 21-1209), ch. 2951, p. 2951, § 4, effective September 7; (1)(a) amended, (SB 21-059), ch. 717, p. 717, § 35, effective October 1.Amendments to subsection (1)(a) by HB 21-1209 and SB 21-059 were harmonized.
2021 Ch. 448, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For the legislative declaration contained in the 2006 act enacting this section, see section 1 of chapter 228, Session Laws of Colorado 2006. For the legislative declaration in SB 16-180, see section 1 of chapter 352, Session Laws of Colorado 2016.