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Current as of January 01, 2022 | Updated by FindLaw Staff
(1) The division of adult parole in the department shall administer the adult parole program. The division shall keep a complete record in respect to all domestic as well as interstate parolees. The director of the division of adult parole shall exercise the power of suspension of paroles in the interim of the meetings of the state board of parole, referred to in this part 1 as the “board”, and in connection therewith the director may arrest such suspended parolee without warrant and return such suspended parolee to an appropriately secure facility to await the further action of the board. In case of such suspension of parole, the director shall send to the board, at its first session thereafter, a transcript of all proceedings taken in connection with such suspension and the reasons for his or her action.
(2) Deleted by Laws 2000, Ch. 202, § 24, eff. May 24, 2000.
(3) The director of the division of adult parole, pursuant to the provisions of section 13 of article XII of the state constitution, shall appoint such other officers and employees as may be necessary to properly supervise all adult parolees released from any state correctional institution or private contract prison together with such other persons as are accepted for supervision under the interstate compact.
(4) Deleted by Laws 2000, Ch. 202, § 24, eff. May 24, 2000.
(5) Deleted by Laws 2000, Ch. 202, § 24, eff. May 24, 2000.
(6) Repealed by Laws 1979, H.B.1499, § 88.
(7) Deleted by Laws 2000, Ch. 202, § 24, eff. May 24, 2000.
(8) The division of adult parole shall establish and administer appropriate programs of education and treatment and other productive activities, which programs and activities are designed to assist in the rehabilitation of an offender.
(8.5)(a) Any parolee, on parole as a result of a conviction of any felony, who is under the supervision of the division of adult parole pursuant to this part 1 and who is initially tested for the illegal or unauthorized use of a controlled substance and the result of such test is positive shall be subject to any or all of the following actions:
(I) An immediate warrantless arrest;
(II) An immediate increase in the level of supervision, including but not limited to intensive supervision;
(III) Random screenings for the detection of the illegal or unauthorized use of a controlled substance, which use may serve as the basis for any other community placement;
(IV) Referral to a substance use disorder treatment program.
(b) If any parolee described in subsection (8.5)(a) of this section is subjected to a second or subsequent test for the illegal or unauthorized use of a controlled substance and the result of the test is positive, the community parole officer shall take one or more of the following actions:
(I) Make an immediate warrantless arrest;
(II) Seek a parole revocation in accordance with section 17-2-103;
(III) Immediately increase the level of supervision, including but not limited to intensive supervision;
(IV) Increase the number of drug screenings for the illegal or unauthorized use of controlled substances;
(V) Refer the parolee to a substance use disorder treatment program.
(c) This subsection (8.5) shall not apply to any parolee to whom article 11.5 of title 16, C.R.S., applies.
(9) Deleted by Laws 2000, Ch. 202, § 24, eff. May 24, 2000.
(10)(a) The division of adult parole shall, in accordance with section 17-2-106:
(I) Notify a municipality of any site within such municipality that the division has selected to become a branch parole office; or
(II) Notify a county of any site within such county that the division has selected to become a branch parole office if the site is not within a municipality located in the county.
(b) For purposes of this subsection (10), “branch parole office” has the same meaning as provided in section 17-2-106.
(11) The division of adult parole shall provide to the judiciary committees of the senate and the house of representatives, or any successor committees, a status report on the effect on parole outcomes and use of any moneys allocated pursuant to House Bill 10-1360, enacted in 2010.
(12)(a) Prior to an offender being released from parole, the community parole officer releasing the individual shall provide the notice described in paragraph (b) of this subsection (12) at the last meeting the officer has with the person.
(b) The notice shall contain the following information:
(I) That a person convicted of certain crimes has the right to seek to have his or her criminal record sealed;
(II) That there are collateral consequences associated with a criminal conviction that a sealing order can alleviate;
(III) The list of crimes that are eligible for sealing and the associated time period that a person must wait prior to seeking sealing;
(IV) That the state public defender has compiled a list of laws that impose collateral consequences related to a criminal conviction and that the list is available on the state public defender's website; and
(V) That the person should seek legal counsel if he or she has any questions regarding record sealing.
(13) Repealed by Laws 2017, Ch. 92, § 6, eff. Jan. 2, 2019.
(14)(a) In addition to any other duty specified in this section, the division of adult parole shall provide at the initial meeting with an individual sentenced to parole information regarding:
(I) The individual's voting rights;
(II) How the individual may register to vote or update or confirm his or her voter registration record;
(III) How to obtain and cast a ballot; and
(IV) How to obtain voter information materials.
(b) As used in this subsection (14), “voter information materials” means the following documents as applicable to the election for which the individual seeks to register and cast a ballot:
(I) Any forms used to register an elector under part 2 of article 2 of title 1;
(II) An application for a mail ballot pursuant to section 1-13.5-1002;
(III) A copy of the ballot information booklet described in section 1-40-124.5; and
(IV) Any mailings to electors that are described in section 1-40-125.
Cite this article: FindLaw.com - Colorado Revised Statutes Title 17. Corrections § 17-2-102. Division of adult parole--general powers, duties, and functions--definition - last updated January 01, 2022 | https://codes.findlaw.com/co/title-17-corrections/co-rev-st-sect-17-2-102/
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