DEPARTMENT OF CORRECTIONS Board of Parole PAROLE 8 CCR 1503-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ FINAL AND ADOPTED RULES AND REGULATIONS 1. Authority and General Provisions 1.1 The State Board of Parole is authorized to promulgate Rules and Regulations by statute. § 17-2-201 et seq., C.R.S., These regulations have been approved by a majority of the Board. 1.2 The procedures for rulemaking set forth in the State Administrative Procedure Act. § 24-4-103. C.R.S., have been utilized in promulgating and adopting these rules. 1.3 Upon their effective date, these rules and regulations supersede and repeal all previous rules and regulations of the State Board of Parole.

1.4 The singular of a word shall include the plural thereof if the context so requires. 1.5 These rules and regulations shall be read and construed in conjunction with the statutes and constitutions of the State of Colorado and the United States. 2. Definitions 2.1 Administrative Law Judge or Administrative Hearing Officer - a person appointed pursuant to statute to conduct proceedings involving revocation of parole.

2.2 Applicant - an inmate who is eligible to be considered for parole, other than any such inmate who waives a right to be considered for parole.

2.3 Board - the State Board of Parole.

2.4 Chairperson - the Chairperson of the State Board of Parole appointed by the Governor of the State of Colorado.

2.5 Complaint - allegations of a violation of one or more conditions of parole. 2.6 Department-the Colorado Department of Corrections.

2.7 Director - the Director of the Divisions of Adult Parole and Community Corrections of the Colorado Department of Corrections.

2.8 Division - the Divisions of Adult Parole and Community Corrections of the Colorado Department of Corrections.

2.9 Executive Director - the Executive Director of the Colorado Department of Corrections. Code of Colorado Regulations 1 2.10 Executive Session - as defined in § 24-6-402(2). C.R.S. 2.11 Full Board Review - a meeting of the Board convened to consider all cases involving a violent crime, history of violence or propensity for violence and all other matters recommended for Full Board Review by Board member(s) who conduct the parole application interview. All Full Board Reviews will be conducted by no (less) than four (4) members of the Board. It shall be necessary for an offender’s application to receive at least four (4) votes in favor of parole for parole to be granted. 2.12 Governor - the Governor of the State of Colorado.

2.13 Inmate - a person sentenced to or in the custody of the Executive Director. 2.14 Majority of the Board - normally, four members of the seven member Board. In case of resignation or removal, that number constituting more than 50% of those members actually serving on the Board. 2.15 Member - a member of the State Board of Parole appointed by the Governor of the State of Colorado.

2.16 Parolee - an inmate transferred to the jurisdiction of the Board. 2.17 Parole Application Interview - an interview of an inmate eligible for parole, convened to consider the inmate’s parole application and to determine conditions of parole. It may be a face-to-face interview, a live telecommunication interview. or a telephonic interview at the discretion of the Board. 2.18 Re-Entry Court - a community-based initiative including corrections, law enforcement, courts. Parole, the Parole Board, and other community-based alliances designed to improve the risk management of paroled offenders through enhancing public safety through surveillance, monitoring and strengthening individual and community support systems for offenders. 2.19 Release - the physical departure of an inmate authorized by the facility in which the inmate is housed on the effective date of parole. If the inmate is in the Intensive Supervision Program or in a non- residential community corrections program, release shall be effective upon formal notification. 2.20 Rescission Hearing - a hearing held by a single member of the Board prior to parole to determine whether the decision granting parole should be rescinded. 2.21 Revocation Hearing - a hearing on a Complaint held to determine whether parole should be revoked and whether the parolee should be returned to a Department facility. 2.22 Subpoena - an order of the Board which commands the appearance of a person as a witness in a hearing before the Board.

2.23 Summons - an order by the Director, an assistant director, or any parole officer directing a parolee to appear before the Board to answer a Complaint.

2.24 Superintendent/Warden - the chief administrative officer of any Department of Corrections facility. 2.25 Suspension - the deferment of an offender’s parole release pending a rescission hearing. 2.26 Vice Chairperson - the Vice Chairperson of the State Board of Parole appointed by the Governor of the State of Colorado.

2.27 Warrant - an order of the Board commanding the arrest of a parolee for an alleged violation of one or more conditions of parole.

Code of Colorado Regulations 2 3. Organization 3.1 The Board shall consist of members as designated by statute and appointed by the Governor. 3.2 One of the members shall be appointed chairperson by the Governor. 3.3 One of the members shall be appointed vice chairperson by the Governor. The vice chairperson shall assume the duties of the chairperson during the chairperson’s absence. 3.4 The Board, pursuant to § 13 of Article XII of the State Constitution and applicable statutes, shall employ, appoint and promote such employees as necessary to accomplish its duties. 4. Meetings 4.1 Meetings of the Board shall be of three classifications: Hearing sessions, administrative sessions and executive sessions.

4.2 Hearing Sessions include:

1. parole application interviews:

2. full board reviews;

3. rescission hearings: and 4. revocation hearings.

4.3 Administrative Sessions are defined as:

(1) meetings of the Board dealing with administrative functions of the Board such as scheduling and personnel matters: and (2) any other matters relevant to the administrative functions of the Board. 4.4 Executive Sessions as defined in § 24-6-402(2). C.R.S. 4.5 All hearing sessions are open to the public. However, the inmate is not entitled to attend any Full Board Review.

4.6 Any interested person may submit written information concerning an application for parole. 4.7 Only the victim of any crime or any person requested by the victim to appear on behalf of such victim or a relative of the victim if the victim has died, or is a minor, or is incapacitated and unable to appear, has the right to testify at all hearing sessions.

4.8 At the member’s discretion, because of a potential conflict of interest, a member may disqualify himself or herself at any time from any hearing or meeting. 5. Parole Eligibility 5.1 Computation of time served on any sentence shall be the responsibility of the Department and such computation shall be accepted by the Board.

5.2 [Removed per S.B. 03-088,26 CR 7] Code of Colorado Regulations 3 5.3 Any inmate sentenced under any statute which provides for mandatory parole shall receive a parole application interview for the setting of destination, duration, and conditions of parole. If possible, the interview should occur prior to parole. However, if the inmate is unavailable for a parole application interview the inmate shall be released on parole without a parole application interview after the Board has set conditions. The Board will review all relevant information and conduct the parole application interview of the parolee as scheduled.

5.4 [Removed per S.B. 03-088,26 CR 7] 6. Interview for Parole 6.1 Parole Application interviews shall be conducted at a time and place designated by the Board, after notice to the public. Interviews may be conducted via teleconferencing or telephonically. Interested parties may appear where the Board members are located or where the offender is present. 6.2 Any offender serving a life sentence shall be interviewed by two Board members. unless otherwise authorized by the Board chairperson or if waived by the inmate. 6.3 During each parole application interview, the applicant may submit a parole plan setting forth his or her intended residence, employment and/or education and other relevant information. The parole plan may be considered at a parole application interview or at a later date, at the discretion of the Board. 6.4 At the parole application interview, comments by the applicant will be allowed. The victim of any crime or a representative of the victim has the right to attend any proceeding held in connection with the application for parole in order to express his or her views. Others may comment at the discretion of the Board. All statements made during a parole application interview will be taped, if practical. The member conducting the interview shall have the authority to restrict any irrelevant or redundant comments, consistent with the guidelines contained in § 17-22.5-404, C.R.S. 6.5 Final action on any application for parole need not be taken in the presence of the applicant. The Board may reach any one of four decisions at the conclusion of the parole application interview: to grant parole, to defer parole, to table the case pending the outcome of the parole plan investigation or pending the receipt of additional information, or to present the matter at a Full Board Review. If the offender has ever been convicted or adjudicated of an offense enumerated in § 17-22.5-405(5), C.R.S., or demonstrated any propensity for violence, the case shall be referred for a Full Board Review. 6.6 Prior to taking final action, the Board may review the records, case histories. personal data. criminal records. parole plan. risk assessment guidelines. objective parole criteria and other information as may be brought before the Board.

6.7 The Board may conduct a Full Board Review of any application on a case-by-case basis. as recommended by the Board member who conducts the parole application interview. 6.8 Board Parole Application interview decisions are not appealable. 6.9 The official notification of the Board’s decision and its basis shall be transmitted within a reasonable time to applicant and to Department officials and shall become pan of the Board’s records. If parole is granted. such notification shall indicate that parole is expressly conditioned upon compliance with ail pre- release conditions imposed upon the inmate.

6.10 The Board shall establish conditions of parole as required by statute and. in addition. may establish any other conditions it deems appropriate.

Code of Colorado Regulations 4 6.11 If the offender requests re-consideration of the decision to defer parole prior to the completion of the deferral period, the request may be granted or denied by the Chairperson. At the chairperson’s discretion, it may be referred to the member(s) who made the decision to defer parole. 7. Reconsideration of Parole Prior to Release 7.1 The granting of parole shall be conditioned upon good conduct by the inmate between the date of the order and the effective release to parole. In addition, upon receipt of information not previously considered by the Board, the Board may reconsider. for any reason. the granting of parole to an inmate. The grant of parole is not final until the inmate is released on parole. 7.2 When an inmate who has been granted parole is unable to satisfy the conditions of parole. through no fault of his or her own. prior to release on parole. release may be held in suspense until such time as he or she is able to satisfy the parole conditions.

7.3 The Board may also suspend the previously-established parole release date prior to release for good cause shown upon receipt of information not previously considered by the Board or upon information reflecting improper conduct by the inmate including. but not limited to. acts that constitute criminal or Department disciplinary violations.

7.4 In the event parole is suspended pursuant to paragraph 7.3. the Board. shall conduct the rescission hearing at the institution in which the individual is confined or by live telecommunication procedures at the Board’s discretion.

7.5 The rescission hearing shall be conducted in the same manner as used in conducting parole application interviews.

7.6 The Board member may accept as evidence of a violation the findings of administrative or disciplinary hearings. or regressive classification conducted by the Department. 7.7 The completion of a new Notice of Parole Board Action following a rescission hearing shall void any previously-established parole release action.

8. Hearings on Parole Complaints 8.1 A revocation hearing will be held as required by statute for any parolee who has had a complaint filed against him or her.

8.2 A revocation hearing shall be conducted by a member of the Board. Administrative Law Judge or an Administrative Hearing Officer appointed pursuant to statute. 8.3 Hearings on complaints shall be recorded and the records shall be retained for three (3) years. 8.4 The Board shall cause issuance of subpoenas upon request of the parolee. the parole officer or the district attorney. The Board has authority to deny a request for issuance of a subpoena to obtain evidence that would be irrelevant to any material issue involving the parole revocation or that would be unduly burdensome or merely cumulative. It is the responsibility of the party requesting the issuance of subpoenas to effect service and to pay for any and all expenses incident thereto. When a hardship exists. the Board. at its discretion. may make any adjustments to this rule as it determines necessary on a case- by-case basis.

8.5 Computation of time served on any sentence shall be the responsibility of the Department and such computation shall be accepted by the Board.

Code of Colorado Regulations 5 8.6 Except as otherwise provided by statute. all revocations shall be for remainder of sentence. Any language specifying a shorter period of time entitles the inmate to another parole application interview in that time period but does not entitle the inmate to re-parole. 8.7 If a parolee who has been found guilty of a violation of parole waives the statutory right to have final disposition within 5 working days in order to accommodate a new condition of parole. including but not limited to determining acceptance to a treatment program, the following procedure should be followed: 1. If the waiver is accepted. the Board. Administrative Law Judge or Administrative Hearing Officer should request the Division to investigate the program or other condition of parole being considered and report back to the Board no later than 45 days after the waiver. 2. Upon receipt of the Division’s report as to acceptance of the parolee into a treatment program or any new condition of parole, the Board should act within 15 days by issuing a new minimus.

9. Appeals of Revocation of Parole 9.1 If an appeal of the decision to revoke parole is filed, the standards for appeal shall be based on one or more of the following:

1. Irregularity in the proceedings by which any inmate was prevented from having a fair evidentiary hearing;

2. An abuse of discretion or misconduct by the person who conducted the revocation hearing; 3. An arbitrary and capricious decision by the person who conducted the revocation hearing; 4. Accident or surprise, which ordinary prudence could not have guarded against; 5. Newly-discovered evidence;

6. Error or change in law.

10. Discharge 10.1 Computation of time served on any sentence shall be the responsibility of the Department and such computation shall be accepted by the Board.

10.2 The Full Board shall review requests from the Division for consideration for early discharge from parole. A majority Full Board is necessary to effect an early discharge. 11. Nothing in these rules and regulations shall be construed to limit the Board’s authority conferred by statute.

12. Approval 12.1 These Rules and Regulations are hereby approved, this 6th day of March. 2002. _________________________________________________________________________ Editor’s Notes History Code of Colorado Regulations 6