Colorado § 17-22.5-402 - Discharge from custody.

§ 17-22.5-402. Discharge from custody.

(1) No inmate shall be discharged from the department until he has remained the full term for which he was sentenced, to be computed on and after the date upon which the sentence becomes effective and excluding any time the inmate may have been at large by reason of escape therefrom, unless he is pardoned or otherwise released by legal authority.

(2) Notwithstanding subsection (1) of this section, the full term for which an inmate is sentenced shall be reduced by any earned release time and earned time granted pursuant to section 17-22.5-405, except as provided in section 17-22.5-403 (3) and (3.5).

(3) This part 4 shall not apply to any offender to whom section 17-22.5-104 (2)(a), (2)(b), (2)(c), (2)(d)(I), (2)(d)(II), or (2)(d)(III) applies.

(4) A person discharged from a correctional facility without supervision is eligible to receive reentry support services from the department or community-based organizations that receive funding from the department to provide reentry services for up to one year after the person's date of discharge.

Source: L. 90: Entire part added, p. 947, § 19, effective June 7. L. 2004: (2) amended, p. 1741, § 2, effective June 4. L. 2006: (3) amended, p. 1053, § 4, effective May 25. L. 2009: (2) amended, (HB 09-1351), ch. 359, p. 1867, § 2, effective June 1. L. 2019: (4) added, (SB 19-143), ch. 286, p. 2659, § 5, effective May 28.

Cross references: For the legislative declaration contained in the 2006 act amending subsection (3), see section 1 of chapter 228, Session Laws of Colorado 2006.

ANNOTATION

An inmate is not entitled to unconditional release under this section when the inmate has a sufficient amount of good time and earned time credits, when combined with time served, to satisfy the inmate's sentence. The statutory scheme regarding eligibility for parole and discharge reflect the general assembly's intent that good time and earned time credits apply for the purpose of determining an inmate's eligibility for parole. Meyers v. Price, 842 P.2d 229 (Colo. 1992).

To the extent that subsection (1) of this section conflicts with § 18-1.3-501 (1)(c), the latter provision controls because it is the more specific and more recently enacted statute. People v. Valadez, 2016 COA 62, 374 P.3d 529.