Section 17-26-109 - Deductions of time - record keeping - forfeitures - definition(1) Every person who is sentenced to and imprisoned in any county jail of this state who performs faithfully the duties assigned to him or her and conducts himself or herself in accordance with the rules of the jail earns deductions from the time of his or her sentence as follows: (a) An inmate receives a seven-day deduction for each thirty days on his or her sentence which shall be calculated on a pro-rated basis from the commencement of the sentence, all or part of which is subject to forfeiture if the inmate is found to have violated any of the rules and regulations of the jail or has not faithfully accepted or completed the duties assigned to him or her;(b) In addition to the deduction described in subsection (1)(a) of this section, an inmate may receive a three-day deduction for each thirty days on his or her sentence if he or she: (I) Successfully completes a designated program or educational activity within the jail or is designated by the county sheriff as a trusty prisoner;(II) Is engaged in work within or outside the walls of the jail;(III) Performs his or her work in a credible manner;(IV) Conducts himself or herself in accordance with the rules of the jail; and(V) Is approved by the sheriff to receive a deduction pursuant to this subsection (1)(b);(c)(I) In addition to the deductions described in subsection (1)(a) of this section, an inmate may receive a three-day maximum deduction when the inmate takes an unusual or extraordinary action, as determined by the county sheriff. This deduction may be granted on an incident-by-incident basis and is not subject to the deduction cap described in subsection (1)(a) of this section.(II) If a county sheriff awards a deduction pursuant to this subsection (1)(c), the county sheriff shall notify the chief judge of the judicial district where the defendant was convicted of the award not later than three business days after the deduction is awarded. When providing the notice, the sheriff shall indicate how many days were deducted and the nature of the unusual or extraordinary action taken by the inmate.(f)(I) In addition to the deductions described in subsections (1)(a), (1)(b), and (1)(c) of this section, an inmate may receive a three-day maximum deduction when the inmate takes an unusual or extraordinary action, as determined by the county sheriff. This deduction may be granted on an incident-by-incident basis.(II) If a county sheriff awards a deduction pursuant to this subsection (1)(f), he or she shall notify the chief judge of the judicial district of such fact not later than three business days after the deduction is awarded. In providing such notice, the sheriff shall indicate how many days were deducted and the nature of the unusual or extraordinary action taken by the inmate.(2) Each county jail shall keep a record of each inmate's deductions of time and changes in deductions of time as a result of policy violations by the inmate.(3)(a) If an inmate is found to have committed a willful violation of any of the rules or regulations of the jail, the sheriff of the county in which the jail is situated shall determine whether the inmate shall forfeit some or all of the deductions from the inmate's sentence through implementation of a process as outlined in a policy provided to all inmates, which is applied consistently and complies with the best practices for correctional settings.(b) If an inmate escapes or attempts to escape from a jail or an alternative sentence program, he or she forfeits all deductions from his or her sentence that he or she received up to the time of the escape or attempted escape.(4) An inmate who is sentenced to any alternative sentence pursuant to section 18-1.3-106 arising out of a sentence pursuant to section 42-4-1307 (5)(a)(I), (5)(b), or (6)(a)(I) may receive a sentence deduction pursuant to this section only after serving any mandatory period of time pursuant to those sections.(5) As used in this section, "day" means a twenty-four-hour calendar day.Amended by 2023 Ch. 303,§ 20, eff. 8/7/2023.Amended by 2022 Ch. 68, § 15, eff. 3/1/2022.Amended by 2021 Ch. 462, § 176, eff. 3/1/2022.Amended by 2017 Ch. 71, § 1, eff. 8/9/2017.L. 77: Entire title R&RE, p. 937, § 10, effective August 1. L. 2009: Entire section amended, (HB 09 -1263), ch. 382, p. 382, § 1, effective August 5. L. 2017: Entire section amended, (HB 17 -1015), ch. 221, p. 221, § 1, effective August 9. L. 2021: IP(1), (1)(a), (1)(b), (1)(c), (2), and (3)(a) amended, (SB 21-271), ch. 3164, p. 3164, § 176, effective 3/1/2022; (1)(e)(II) added by revision, (SB 21-271), ch. 462, pp. 3164, 3331, §§ 176, 803.(1) This section is similar to former § 27-26-109 as it existed prior to 1977.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2023 Ch. 303, was passed without a safety clause. See Colo. Const. art. V, § 1(3). 2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For credit for presentence confinement, see § 18-1.3-405 .