Colorado § 17-22.5-406 - Applicability of part.

§ 17-22.5-406. Applicability of part.

(1) (a) This part 4 applies to all offenders sentenced for crimes committed on or after July 1, 1979.

(b) Notwithstanding paragraph (a) of this subsection (1), the amount of earned time which may be credited pursuant to this part 4 to any inmate incarcerated on or before July 1, 1990, shall not exceed the amount of earned time actually earned by such inmate pursuant to earned time provisions in effect prior to July 1, 1990.

(c) If the application of the provisions of this subsection (1) would result in the early discharge of any offender, the department shall refer such offender to the state board of parole which may, in its discretion, grant or deny parole using the guidelines established pursuant to section 17-22.5-404, discharge the offender or place such offender under conditional parole supervision. If the offender is placed on parole pursuant to this paragraph (c), the state board of parole may revoke the parole granted to such inmate for a period not to exceed the amount of earned time granted to the offender pursuant to this part 4.

(d) Nothing in this subsection (1) shall be construed as a mandate to the state board of parole to release any inmate.

(e) If any inmate incarcerated prior to June 7, 1990, has not accrued any earned time prior to such date, the provisions of law in effect at the time of such inmate's sentencing shall apply to such inmate in determining such inmate's discharge date.

(2) Notwithstanding subsection (1) of this section, no offender incarcerated on June 7, 1990, shall be released pursuant to the provisions of subsection (1) of this section unless the department of corrections makes a written certification that the offender has met the conditions of paragraph (a) of this subsection (2) and at least two additional of the following criteria:

(a) The offender has not used controlled substances, except pursuant to the prescription of a physician, for at least one year prior to such certification.

(b) The offender has engaged in a satisfactory participation in available educational programs during his incarceration.

(c) The offender has engaged in a satisfactory participation in any treatment programs indicated in his diagnostic evaluation.

(d) The offender has had no serious infractions of the penal code of discipline for at least two years.

(e) The offender has had an exemplary work record while being incarcerated under the custody of the department of corrections.

(3) This part 4 shall not apply to any offender who is presently incarcerated who does not meet the appropriate criteria stated in subsection (2) of this section. Any such offender's sentence shall be governed by provisions in existence prior to June 7, 1990.

(4) Repealed.

Source: L. 90: Entire part added, p. 953, § 19, effective June 7. L. 98: (4) repealed, p. 727, § 11, effective May 18.