Colorado § 17-2-102 - Division of adult parole - general powers, duties, and functions - definitions.

§ 17-2-102. Division of adult parole - general powers, duties, and functions - definitions.

(1) The division of adult parole in the department shall administer the adult parole program. The division of adult parole is a type 2 entity, as defined in section 24-1-105. The division shall keep a complete record in respect to all domestic as well as interstate parolees. The director of the division of adult parole exercises the power of suspension of paroles in the interim of the meetings of the board, and, in connection therewith, the director may arrest a suspended parolee without warrant and return a suspended parolee to an appropriately secure facility to await the further action of the board. In case of a suspension of parole, the director shall send to the board, at its first session thereafter, a transcript of all proceedings taken in connection with the suspension and the reasons for the director's action.

(2) (Deleted by amendment, L. 2000, p. 839, § 24, effective May 24, 2000.)

(3) The director of the division of adult parole, pursuant to the provisions of section 13 of article XII of the state constitution, shall appoint such other officers and employees as may be necessary to properly supervise all adult parolees released from any state correctional institution or private contract prison together with such other persons as are accepted for supervision under the interstate compact.

(4) and (5) (Deleted by amendment, L. 2000, p. 839, § 24, effective May 24, 2000.)

(6) Repealed.

(7) (Deleted by amendment, L. 2000, p. 839, § 24, effective May 24, 2000.)

(8) The division of adult parole shall establish and administer appropriate programs of education and treatment and other productive activities, which programs and activities are designed to assist in the rehabilitation of an offender.

(8.5) (a) Any parolee, on parole as a result of a conviction of any felony, who is under the supervision of the division of adult parole pursuant to this part 1 and who is initially tested for the illegal or unauthorized use of a controlled substance and the result of such test is positive shall be subject to any or all of the following actions:

(I) An immediate warrantless arrest;

(II) An immediate increase in the level of supervision, including but not limited to intensive supervision;

(III) Random screenings for the detection of the illegal or unauthorized use of a controlled substance, which use may serve as the basis for any other community placement;

(IV) Referral to a substance use disorder treatment program.

(b) If any parolee described in subsection (8.5)(a) of this section is subjected to a second or subsequent test for the illegal or unauthorized use of a controlled substance and the result of the test is positive, the community parole officer shall take one or more of the following actions:

(I) Make an immediate warrantless arrest;

(II) Seek a parole revocation in accordance with section 17-2-103;

(III) Immediately increase the level of supervision, including but not limited to intensive supervision;

(IV) Increase the number of drug screenings for the illegal or unauthorized use of controlled substances;

(V) Refer the parolee to a substance use disorder treatment program.

(c) This subsection (8.5) shall not apply to any parolee to whom article 11.5 of title 16, C.R.S., applies.

(d) This subsection (8.5) does not apply to a parolee who possesses or uses natural medicine or natural medicine product as authorized pursuant to section 18-18-434, article 170 of title 12, or article 50 of title 44.

(9) (Deleted by amendment, L. 2000, p. 839, § 24, effective May 24, 2000.)

(10) (a) The division of adult parole shall, in accordance with section 17-2-106:

(I) Notify a municipality of any site within such municipality that the division has selected to become a branch parole office; or

(II) Notify a county of any site within such county that the division has selected to become a branch parole office if the site is not within a municipality located in the county.

(b) For purposes of this subsection (10), "branch parole office" has the same meaning as provided in section 17-2-106.

(11) The division of adult parole shall provide to the judiciary committees of the senate and the house of representatives, or any successor committees, a status report on the effect on parole outcomes and use of any moneys allocated pursuant to House Bill 10-1360, enacted in 2010.

(12) (a) Prior to an offender being released from parole, the community parole officer releasing the individual shall provide the notice described in paragraph (b) of this subsection (12) at the last meeting the officer has with the person.

(b) The notice shall contain the following information:

(I) That a person convicted of certain crimes has the right to seek to have his or her criminal record sealed;

(II) That there are collateral consequences associated with a criminal conviction that a sealing order can alleviate;

(III) The list of crimes that are eligible for sealing and the associated time period that a person must wait prior to seeking sealing;

(IV) That the state public defender has compiled a list of laws that impose collateral consequences related to a criminal conviction and that the list is available on the state public defender's website; and

(V) That the person should seek legal counsel if he or she has any questions regarding record sealing.

(13) Repealed.

(14) (a) In addition to any other duty specified in this section, the division of adult parole shall provide at the initial meeting with an individual sentenced to parole information regarding:

(I) The individual's voting rights;

(II) How the individual may register to vote or update or confirm his or her voter registration record;

(III) How to obtain and cast a ballot; and

(IV) How to obtain voter information materials.

(b) As used in this subsection (14), "voter information materials" means the following documents as applicable to the election for which the individual seeks to register and cast a ballot:

(I) Any forms used to register an elector under part 2 of article 2 of title 1;

(II) An application for a mail ballot pursuant to section 1-13.5-1002;

(III) A copy of the ballot information booklet described in section 1-40-124.5; and

(IV) Any mailings to electors that are described in section 1-40-125.

Source: L. 77: Entire title R&RE, p. 907, § 10, effective August 1. L. 79: (6) repealed, p. 705, § 88, effective July 1. L. 80: (7) and (8) added, p. 525, § 1, effective March 25. L. 82: (2) amended, p. 352, § 7, effective April 30. L. 87: (9) added, p. 650, § 2, effective July 1. L. 89: (8.5) added, p. 877, § 13, effective June 5. L. 91: (8.5)(c) added, p. 442, § 5, effective May 29. L. 2000: (1) to (5), (7), (8), IP(8.5)(a), and (9) amended, p. 839, § 24, effective May 24. L. 2001: (10) added, p. 662, § 1, effective August 8. L. 2008: IP(8.5)(b) amended, p. 655, § 3, effective April 25. L. 2010: (11) added, (HB 10-1360), ch. 263, p. 1196, § 7, effective May 25. L. 2013: (12) added, (SB 13-123), ch. 289, p. 1540, § 2, effective May 24. L. 2015: (13) added, (SB 15-124), ch. 251, p. 917, § 3, effective May 29. L. 2017: (8.5)(a)(IV), IP(8.5)(b), and (8.5)(b)(V) amended, (SB 17-242), ch. 263, p. 1302, § 130, effective May 25; (13) amended, (SB 17-031), ch. 92, p. 281, § 6, effective August 9. L. 2018: (10)(b) amended, (HB 18-1375), ch. 274, p. 1700, § 18, effective May 29; (14) added, (SB 18-150), ch. 261, p. 1601, § 3, effective August 8. L. 2019: (14) R&RE, (HB 19-1266), ch. 283, p. 2643, § 4, effective July 1. L. 2022: (1) amended, (SB 22-162), ch. 469, p. 3422, § 202, effective August 10. L. 2023: (8.5)(d) added, (SB 23-290), ch. 249, p. 1419, § 33, effective July 1. L. 2025: (1) amended, (SB 25-275), ch. 377, p. 2044, § 71, effective August 6.

Editor's note: (1) This section is similar to former § 17-1-102 as it existed prior to 1977.

(2) Subsection (13)(b) provided for the repeal of subsection (13), effective January 2, 2019. (See L. 2017, p. 281.)

(3) Subsection (8.5)(d) is similar to former § 12-170-109 (4) as it existed prior to 2023.

Cross references: (1) For the legislative declaration in SB 15-124, see section 1 of chapter 251, Session Laws of Colorado 2015. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in HB 19-1266, see section 1 of chapter 283, Session Laws of Colorado 2019.

(2) For the short title (the "Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act") in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.

ANNOTATION

The plain language of subsection (8.5)(c) of this section and § 17-2-201 (5.5)(g) prohibits the application of either subsection (8.5) of this section or § 17-2-201 (5.5) to any parolee to whom the Substance Abuse Act, article 11.5 of title 16, applies. Whidden v. People, 78 P.3d 1092 (Colo. 2003).

Subsection (8.5), when read together with § 17-2-201 (5.5)(d), prohibits parole revocation upon initial drug or alcohol testing even if the result is positive, but does allow revocation upon any subsequent positive test even if the initial test was not positive. People v. Whidden, 56 P.3d 1201 (Colo. App. 2002), aff'd on other grounds, 78 P.3d 1092 (Colo. 2003).

Court rejected the contention that subsection (8.5) restricts the parole board's authority to revoke defendant's parole for a single violation based on a positive test for use of illegal drugs. People v. Whidden, 56 P.3d 1201 (Colo. App. 2002), aff'd on other grounds, 78 P.3d 1092 (Colo. 2003).