2018 Colorado Revised Statutes
Title 17 - Corrections
Correctional Facilities and Programs
Article 22.5 - Inmate and Parole Time Computation
Part 4 - Parole Eligibility and Discharge From Custody
§ 17-22.5-404.7. Presumption of parole - nonviolent offenders with ICE detainers
(1) There shall be a presumption, subject to the final discretion of the parole board, in favor of granting parole to an inmate who has reached his or her parole eligibility date and who:
(a) Has been assessed by the Colorado risk assessment scale developed pursuant to section 17-22.5-404 (2)(a), to be medium risk or below of reoffense;
(b) Is not serving a sentence for a felony crime described in section 18-3-303, 18-3-306, or 18-6-701, C.R.S.; sections 18-7-402 to 18-7-407, C.R.S.; or section 18-12-102 or 18-12-109, C.R.S.; section 18-17-104, C.R.S., or section 18-18-407, C.R.S.; or a felony crime listed in section 24-4.1-302 (1), C.R.S.; and
(c) Has an active detainer lodged by the United States immigration and customs enforcement agency.
(2) In determining whether to grant parole pursuant to provisions of subsection (1) of this section, the board shall consider the cost of incarceration to the state of Colorado in relation to the needs of further confinement of the inmate to achieve the purpose of the inmate's sentence.
(3) (a) The state board of parole may release an eligible inmate, pursuant to subsection (1) of this section, only to the custody of the United States immigration and customs enforcement agency or other law enforcement agency with authority to execute the detainer on behalf of the United States immigration and customs enforcement agency.
(b) If the United States immigration and customs enforcement agency withdraws the detainer or declines to take the inmate into custody, the state board of parole shall hold a recission hearing to reconsider thegranting of parole to the inmate.
(c) If the United States immigration and customs enforcement agency issues an order of deportation for the inmate, the department of corrections shall submit a request to the state board of parole to discharge parole.
(d) A denial of parole by the state board of parole pursuant to this section shall not affect an inmate's eligibility for another form of parole or release applicable under law.
(4) The board may consider the application for parole pursuant to the proceedings set forth in section 17-2-201 (4)(f) or 17-2-201 (9)(a).
(5) For inmates who were parole eligible before May 23, 2011, the department shall notify the state board of parole of any of those inmates who meet the criteria listed in subsection (1) of this section, and the board shall either set a release hearing or conduct a release review within ninety days after May 23, 2011.
