Colorado § 17-2-103.5 - Revocation proceedings - parolee arrested for certain offenses.

§ 17-2-103.5. Revocation proceedings - parolee arrested for certain offenses.

(1) (a) Notwithstanding any provision of section 17-2-103, a community parole officer shall file a complaint seeking revocation of the parole of any parolee who:

(I) Is found in possession of a deadly weapon as defined in section 18-1-901, C.R.S.;

(II) Is arrested and charged with:

(A) A felony;

(B) A crime of violence as defined in section 16-1-104 (8.5), C.R.S.;

(C) A misdemeanor assault involving a deadly weapon or resulting in bodily injury to the victim;

(D) Sexual assault in the third degree as defined in section 18-3-404 (2), C.R.S., as it existed prior to July 1, 2000; or

(E) Unlawful sexual contact as defined in section 18-3-404 (2), C.R.S.; or

(III) Has removed or tampered with an electronic monitoring device that the parolee is required to wear as a condition of his or her parole; except that, before making such an arrest, the community parole officer shall first determine that the notification of removal or tampering was not merely the result of an equipment malfunction.

(b) A community parole officer shall present to the district attorney of the proper judicial district for the purpose of prosecution all the facts ascertained by the community parole officer and all other papers, documents, or evidence pertaining thereto that the community parole officer has in his or her possession for any parolee found in possession of a weapon pursuant to section 18-12-108, C.R.S.

(c) A hearing relating to such revocation shall be held, unless a board member is advised that a criminal charge is still pending or where the parolee does not request revocation, in which case the hearing shall be delayed until a disposition concerning the criminal charge is reached.

(2) If the hearing officer or board member conducting the hearing pursuant to subsection (1) of this section finds the parolee guilty of the conduct charged but decides against revoking the parole of the parolee, the record of such hearing shall be reviewed within fifteen days of the decision by two members of the board, exclusive of the board member who conducted the hearing, who may overturn the decision and order the parole to be revoked.

Source: L. 87: Entire section added, p. 651, § 6, effective July 1. L. 89: (1) amended, p. 863, § 6, effective April 12. L. 94: (1) amended, p. 2602, § 14, effective June 3. L. 2000: (1) amended, p. 633, § 4, effective July 1. L. 2008: IP(1)(a) and (1)(b) amended, p. 656, § 5, effective April 25; (1)(a)(II)(C) and (1)(a)(II)(D) amended and (1)(a)(II)(E) added, p. 1887, § 48, effective August 5. L. 2014: (1)(a)(II)(E) amended and (1)(a)(III) added, (HB 14-1044), ch. 199, p. 728, § 3, effective May 15. L. 2015: (1)(c) amended, (HB 15-1122), ch. 37, p. 89, § 4, effective March 20.

Cross references: For the legislative declaration in HB 15-1122, see section 1 of chapter 37, Session Laws of Colorado 2015.