Current as of January 01, 2019 | Updated by FindLaw Staff
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(1) Every person who is sentenced to and imprisoned in any county jail of this state or sentenced to pay a fine and costs or either or all thereof and who performs faithfully the duties assigned to him or her during his or her imprisonment therein earns deductions from the time of his or her sentence as follows:
(1) Every person who is sentenced to and imprisoned in any county jail of this state who performs faithfully the duties assigned to him or her and conducts himself or herself in accordance with the rules of the jail earns deductions from the time of his or her sentence as follows:
(a) An inmate receives a one-day deduction for each fifteen days on his or her sentence;
(a) An inmate receives a seven-day deduction for each thirty days on his or her sentence which shall be calculated on a pro-rated basis from the commencement of the sentence, all or part of which is subject to forfeiture if the inmate is found to have violated any of the rules and regulations of the jail or has not faithfully accepted or completed the duties assigned to him or her;
(b) In addition to the deduction described in subsection (1)(a) of this section, an inmate may receive a ten-day deduction for each thirty days on his or her sentence if he or she:
(I) Successfully completes a designated program or educational activity within the jail; or
(II) Demonstrates outstanding progress in any designated program or educational activity within the jail;
(b) In addition to the deduction described in subsection (1)(a) of this section, an inmate may receive a three-day deduction for each thirty days on his or her sentence if he or she:
(I) Is designated by the county sheriff as a trusty prisoner;
(II) Is engaged in work within or outside the walls of the jail;
(III) Performs his or her work in a credible manner;
(IV) Conducts himself or herself in accordance with the rules of the jail; and
(V) Is approved by the sheriff to receive a deduction pursuant to this subsection (1)(b).
(c) In addition to the deduction described in subsection (1)(a) of this section, an inmate may receive a thirteen-day deduction for each thirty days on his or her sentence if the inmate:
(I) Is designated by the county sheriff as a trusty prisoner;
(II) Is engaged in work within or outside the walls of the jail;
(III) Performs his or her work in a creditable manner;
(IV) Conducts himself or herself in accordance with the rules of the jail; and
(V) Is approved by the sheriff to receive a deduction pursuant to this subsection (1)(c);
(c)(I) In addition to the deductions described in subsection (1)(a) of this section, an inmate may receive a three-day maximum deduction when the inmate takes an unusual or extraordinary action, as determined by the county sheriff. This deduction may be granted on an incident-by-incident basis and is not subject to the deduction cap described in subsection (1)(a) of this section.
(II) If a county sheriff awards a deduction pursuant to this subsection (1)(c), the county sheriff shall notify the chief judge of the judicial district where the defendant was convicted of the award not later than three business days after the deduction is awarded. When providing the notice, the sheriff shall indicate how many days were deducted and the nature of the unusual or extraordinary action taken by the inmate.
(III) Deleted by Laws 2021, Ch. 462 (S.B. 21-271), § 176, eff. March 1, 2022.
(IV) Deleted by Laws 2021, Ch. 462 (S.B. 21-271), § 176, eff. March 1, 2022.
(V) Deleted by Laws 2021, Ch. 462 (S.B. 21-271), § 176, eff. March 1, 2022.
(d) An inmate may receive a deduction of up to thirteen days for each thirty days on his or her sentence if the inmate:
(I) Is sentenced to the county jail as a direct sentence or as a condition of probation; and
(II) Is permitted to participate in work, educational programming outside the jail, medical release, home detention, or day reporting programs pursuant to section 18-1.3-106(1);
(e)(I) Notwithstanding any other provision of this section, an inmate may not receive a deduction of more than fifteen days in any thirty-day period, regardless of how many programs the inmate participates in, whether the inmate is designated a trusty prisoner or is sentenced as described in subsection (1)(d) of this section.
(II) Subsection (1)(d) of this section and this subsection (1)(e) are repealed, effective March 1, 2022.
(f)(I) In addition to the deductions described in subsections (1)(a), (1)(b), (1)(c), and (1)(d) of this section, an inmate may receive a three-day maximum deduction when the inmate takes an unusual or extraordinary action, as determined by the county sheriff. This deduction may be granted on an incident-by-incident basis and is not subject to the deduction cap described in subsection (1)(e) of this section.
(II) If a county sheriff awards a deduction pursuant to this subsection (1)(f), he or she shall notify the chief judge of the judicial district of such fact not later than three business days after the deduction is awarded. In providing such notice, the sheriff shall indicate how many days were deducted and the nature of the unusual or extraordinary action taken by the inmate.
(2) Each county sheriff shall develop and implement a program and schedule for administering reductions of inmates' sentences in his or her county jail, as described in this section and in accordance with the expectations and standards of the community in which he or she serves. Each county jail shall keep a record of each inmate's deductions of time and changes in deductions of time as a result of policy violations by the inmate.
(2) Each county jail shall keep a record of each inmate's deductions of time and changes in deductions of time as a result of policy violations by the inmate.
(3)(a) If an inmate is found to have committed a willful violation of any of the rules or regulations of the jail, he or she may forfeit some or all of the deductions from his or her sentence that he or she received up to the time of the violation, as determined by the sheriff of the county in which the jail is situated.
(3)(a) If an inmate is found to have committed a willful violation of any of the rules or regulations of the jail, the sheriff of the county in which the jail is situated shall determine whether the inmate shall forfeit some or all of the deductions from the inmate's sentence through implementation of a process as outlined in a policy provided to all inmates, which is applied consistently and complies with the best practices for correctional settings.
(b) If an inmate escapes or attempts to escape from a jail or an alternative sentence program, he or she forfeits all deductions from his or her sentence that he or she received up to the time of the escape or attempted escape.
(4) An inmate who is sentenced to any alternative sentence pursuant to section 18-1.3-106 arising out of a sentence pursuant to section 42-4-1307(5)(a)(I), (5)(b), or (6)(a)(I) may receive a sentence deduction pursuant to this section only after serving any mandatory period of time pursuant to those sections.
(5) As used in this section, “day” means a twenty-four-hour calendar day.
Cite this article: FindLaw.com - Colorado Revised Statutes Title 17. Corrections § 17-26-109. Deductions of time--record keeping--forfeitures--definition - last updated January 01, 2019 | https://codes.findlaw.com/co/title-17-corrections/co-rev-st-sect-17-26-109/
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