Colorado § 17-22.5-303.3 - Violent offenders - parole.

§ 17-22.5-303.3. Violent offenders - parole.

(1) Any person sentenced for second degree murder, first degree assault, first degree kidnapping, unless the first degree kidnapping is a class 1 felony, first or second degree sexual assault, first degree arson, first degree burglary, or aggravated robbery, committed on or after July 1, 1987, but before January 1, 2025, who has previously been convicted of a crime of violence, shall be eligible for parole after he has served seventy-five percent of the sentence imposed less any time authorized for earned time pursuant to section 17-22.5-302. Thereafter, the provisions of section 17-22.5-303 (6) and (7) apply.

(1.5) Any person convicted for second degree murder; first degree assault; class 2 felony kidnapping; sexual assault under part 4 of article 3 of title 18; first degree arson; first degree burglary; or aggravated robbery, committed on or after January 1, 2025, shall be eligible for parole after such person has served eighty-five percent of the sentence imposed upon such person. Thereafter, the provisions of section 17-22.5-303 (6) and (7) apply.

(2) Any person convicted for a crime committed before January 1, 2025, for any crime enumerated in subsection (1) of this section, who has twice previously been convicted for a crime of violence, shall be eligible for parole after he has served the sentence imposed less any time authorized for earned time pursuant to section 17-22.5-302. Thereafter, the provisions of section 17-22.5-303 (6) and (7) apply.

(2.5) Any person convicted and sentenced for a crime committed on or after January 1, 2025, for any crime enumerated in subsection (1.5) of this section, who has twice previously been convicted for a crime of violence, shall begin parole after he has served the full sentence imposed. Thereafter, the provisions of section 17-22.5-303 (6) and (7) apply.

(3) The governor may grant parole to an offender to whom this section applies before such offender's parole eligibility date if, in the governor's opinion, extraordinary mitigating circumstances exist and such offender's release from institutional custody is compatible with the safety and welfare of society.

Source: L. 87: Entire section added, p. 655, § 12, effective July 1. L. 88: (1) amended, p. 1435, § 28, effective June 11. Initiated 2024: (1) and (2) R&RE and (1.5) and (2.5) added, Proposition 128, effective upon proclamation of the Governor, December 17, see L. 2025, p. 3617.

Editor's note: Provisions in this section were changed by Proposition 128, effective upon proclamation of the governor, December 17, 2024, see L. 2025, p. 3617. The vote count for the measure at the general election held November 5, 2024, was as follows:

FOR: 1,869,231

AGAINST: 1,140,284

ANNOTATION

Definition of "crime of violence" in § 16-11-309 applies in determining when a convicted person is eligible for parole under § 17-22.5-303.3 (1). Busch v. Gunter, 870 P.2d 586 (Colo. App. 1993).

A convicted person is eligible for parole after serving seventy-five percent of the person's sentence if previously convicted of a crime in which a deadly weapon was used, possessed, or threatened to be used. Busch v. Gunter, 870 P.2d 586 (Colo. App. 1993).