Colorado § 17-2-204 - Parole may issue - when.

§ 17-2-204. Parole may issue - when.

(1) The board, pursuant to rules and regulations, may issue a parole or permit to go at large to any inmate who now is imprisoned in a correctional facility and who may have served the minimum term pronounced by the court or, in the absence of such minimum term pronounced by the court, the minimum term provided by law for the crime for which he was convicted.

(2) (a) Any inmate who does not wish to be considered for parole shall sign a waiver witnessed by an institutional supervisory employee no later than thirty days prior to the date of the scheduled parole hearing. Except as otherwise provided in this subsection (2), any waiver signed by an inmate in accordance with this subsection (2) shall become effective on the date of signing and shall remain in effect for six months after the date of the scheduled parole hearing. The inmate may not withdraw such waiver or submit an application for parole at any time during the six-month period.

(b) Notwithstanding the provisions of paragraph (a) of this subsection (2), an inmate who waives parole consideration may, no later than thirty days prior to the date of the scheduled parole hearing, make a written request that the six-month waiver period be shortened to a lesser period of time. Such request shall specifically state grounds constituting sufficient and reasonable cause as to why the six-month waiver period should be shortened. Such request shall also specifically state the lesser period of time being requested by the inmate. The chairperson of the board, vice-chairperson of the board, or the designee of either, in his or her discretion, shall grant or deny the inmate's request for the shortened waiver period made under this paragraph (b).

(c) If the inmate's request for the shortened waiver period is made and granted in accordance with paragraph (b) of this subsection (2), the inmate may not, at any time prior to the date of the rescheduled parole hearing, make another such request. In the event such inmate is not prepared for or otherwise not ready to proceed at the rescheduled parole hearing, the inmate shall be deemed to have waived parole consideration for a period of six months following the date of such hearing.

Source: L. 77: Entire title R&RE, p. 914, § 10, effective August 1. L. 79: (1) amended, p. 688, § 28, effective July 1. L. 85: Entire section amended, p. 640, § 5, effective July 1. L. 2002: (2) amended, p. 38, § 1, effective March 21.

Editor's note: This section is similar to former § 17-1-204 as it existed prior to 1977.

ANNOTATION

Annotator's note. Since § 17-2-204 is similar to former § 17-1-204 as it existed prior to the 1977 repeal and reenactment of this title, relevant cases construing that provision have been included in the annotations to this section.

Parole is a matter of grace, favor, or privilege and a prisoner is not entitled thereto as a matter of right. Berry v. State Bd. of Parole, 148 Colo. 547, 367 P.2d 338 (1961).

Under parole procedures an indeterminate sentence usually results in an earlier release, and it cannot be said to be harsh or excessive so as to require the scrutiny of an appellate court. Nugent v. District Court, 184 Colo. 353, 520 P.2d 592 (1974).