Colorado § 17-2-207 - Parole - regulations.

§ 17-2-207. Parole - regulations.

(1) and (2) Repealed.

(3) Offenders on parole shall remain under legal custody and shall be subject at any time to be returned to a correctional facility.

(4) From and after the suspension, cancellation, or revocation of the parole of any prisoner and until his return to custody, he shall be deemed a parole violator and fugitive from justice, and no part of the time during which he was on parole shall be deemed a part of his term.

Source: L. 77: Entire title R&RE, p. 915, § 10, effective August 1. L. 79: (1) and (3) amended, p. 689, § 31, effective July 1; (2) amended, p. 1635, § 26, effective July 1. L. 84: (1) and (2) repealed, p. 524, § 2, effective July 1. L. 85: (3) amended, p. 640, § 6, effective July 1. L. 2010: (3) amended, (HB 10-1374), ch. 261, p. 1181, § 4, effective May 25.

Editor's note: This section is similar to former § 17-1-207 as it existed prior to 1977.

Cross references: For other provisions concerning parole regulations, see § 17-22.5-104.

ANNOTATION

Law reviews. For article, "Criminal Procedure in Colorado — A Summary and Recommendations for Improvement", see 22 Rocky Mt. L. Rev. 221 (1950).

Annotator's note. Since § 17-2-207 is similar to § 17-1-207 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.

A parolee is subject to restrictions which are not applicable to other citizens. People v. Salvador, 189 Colo. 181, 539 P.2d 1273 (1975).

And he is not free from legal restraint by the penal authorities, but is constructively a prisoner of the state in the legal custody and under the control of the state department of institutions. Schooley v. Wilson, 150 Colo. 483, 374 P.2d 353 (1962); People v. Lucero, 772 P.2d 58 (Colo. 1989).

One who is on parole is granted a special privilege to be outside the walls of the institution while serving his sentence as a matter of legislative grace. At the same time the parolee remains in constructive custody and is subject to be returned to the enclosure at any time. Hutchison v. Patterson, 267 F. Supp. 433 (D. Colo. 1967).

Release on parole in no way alters the fact that appellant is still under sentence; that he is in technical custody; and that he is under supervision. People v. Salvador, 189 Colo. 181, 539 P.2d 1273 (1975); People v. Hunter, 738 P.2d 20 (Colo. App. 1986), aff'd, 757 P.2d 631 (Colo. 1988).

Probable cause and duty to arrest. Where parole agent was aware of appellant's status as a parole violator and as a fugitive, this knowledge constituted probable cause for appellant's arrest, which the parole officer had a duty to effect, with or without a warrant. People v. Bergstrom, 190 Colo. 105, 544 P.2d 396 (1975).