2021 Colorado Code
Title 18 - Criminal Code
Article 1.3 - Sentencing in Criminal Cases
Part 2 - Probation
§ 18-1.3-207. Work and Education Release Programs

1. As a specific condition of probation for a person convicted of a felony or misdemeanor, the court may require the probationer to participate for a period not to exceed two years or the term to which he or she might be sentenced for the offense committed, whichever is less, in a supervised work release or education release program. Utilization of the county jail, a municipal jail, or any other facility may be used for the probationer's full-time confinement, care, and maintenance, except for the time he or she is released for scheduled work or education. (1.1) Before a final ruling by the court authorizing a probationer to participate in a supervised education release program, the court shall notify the prosecuting attorney and the postsecondary educational institution requesting their comments on the pending release. The notice shall include all relevant information pertaining to the probationer and to the nature of the crime for which he or she was convicted. Both the prosecuting attorney and the postsecondary educational institution shall reply to the court in writing within fourteen days after receipt of the notification or within such other reasonable time in excess of fourteen days as specified by the court. The postsecondary educational institution's reply shall include a statement of whether or not it will accept the probationer as a student. Acceptance by a state postsecondary educational institution shall be pursuant to section 23-5-106 , C.R.S.
2. All employment income of a probationer participating in a work release program shall be received and deposited by the probation officer in the registry of the court. The court shall order disbursement of the funds so deposited in payment of the following items which are listed in the order of their priority:
   1. Any current child support order;
   2. Any child support arrearage;
   3. Any child support debt order;
   4. Any spousal maintenance;
   5. Costs for the crime victim compensation fund, pursuant to section 24-4.1-119, C.R.S.;
   6. Surcharges for the victims and witnesses assistance and law enforcement fund, pursuant to section 24-4.2-104, C.R.S.;
   7. Restitution;
   8. A time payment fee;
   9. Late fees;
   10. Any other fines, fees, or surcharges;
   11. Room, board, and work supervision inside and outside the county jail or other facility; and
   12. The probationer.

3. Any acts by the probationer in violation of the conditions of probation under subsection (1) of this section may be asserted as a basis for revocation of probation as provided in sections 16-11-205 and 16-11-206, C.R.S., and any willful failure to return to the jail or other facility may be punishable as an escape under section 18-8-208.

History. Source: L. 2002: Entire article added with relocations, p. 1383, § 2, effective October 1. L. 2008: (2)(e) amended, p. 1889, § 53, effective August 5. L. 2012: (1.1) amended,(SB 12-175), ch. 208, p. 865, § 108, effective July 1.

This section is similar to former § 16-11-212 as it existed prior to 2002.

Annotator's note. Since § 18-1.3-207 is similar to § 16-11-212 as it existed prior to the 2002 relocation of certain criminal sentencing provisions, relevant cases construing that provision have been included in the annotations to this section.

Illegal sentences. The combination of a sentence for a definite period with a work-release program which is only permitted as a condition of probation results in an illegal sentence. People v. District Court, 673 P.2d 991 (Colo. 1983).

Probation cannot be contingent upon partial service of sentence in penitentiary. This section does not include a provision for service of a portion of a sentence in the state penitentiary as a condition of probation. A court, therefore, is not free to impose as a condition of probation any period of incarceration in the state penitentiary nor may any period of incarceration in a county jail exceed the prescribed time limits. People ex rel. Gallagher v. District Court, 197 Colo. 481 , 593 P.2d 1372 (1979).

Where trial court commits a probationer to a county or municipal jail as a facility utilized in conjunction with a work release program, upon revocation of probation, the probationer is entitled to presentence confinement credit for the actual time confined to the county or municipal jail. People v. Lee, 678 P.2d 1030 (Colo. App. 1983).

No equal protection violation. This section and § 16-11-202 , relating to probation establish general statutory probation dispositions for all defendants eligible for probation and do not create classifications resulting in disparate treatment. People v. Garberding, 787 P.2d 154 (Colo. 1990).

Imposition of a two-year jail term as part of a work release program is not contingent upon an offender having compensated employment or being enrolled in educational courses at the time of sentencing. People v. Simpson, 969 P.2d 751 (Colo. App. 1998).

Applied in People ex rel. Gallagher v. District Court, 632 P.2d 1009 (Colo. 1981).