AGO 86-7.

Case Date:June 16, 1986
Court:Colorado
 
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Colorado Attorney General Opinions 1986. AGO 86-7. June 16, 1986Department of Law Attorney General Opinion FORMAL OPINION of DUANE WOODARD Attorney General Opinion No. 86-7 AG Alpha No. CO AD AGAPE Chase Riveland Executive Director Colorado Department of Corrections Springs Office Park, North Building 2860 South Circle Drive, Suite 2200 Colorado Springs, Colorado 80906 Chris Wilkerson, Chairman Colorado State Board of Parole 1580 Lincoln Street, Suite 920 Denver, Colorado 80203 RE: The effect on an offender's discharge date of a decision by the Parole Board to continue, rather than revoke, said offender's parole after finding that he has violated the conditions of his parole.Dear Messrs. Riveland and Wilkerson: This opinion is in response to Mr. Riveland's letter of March 14, 1986, and Mr. Wilkerson's letter of March 25, 1986, in which inquiries were made concerning the computation of an offender's period of parole when the parolee is found guilty of violating one or more conditions of his parole but is continued on parole by the Board without revocation. QUESTIONS PRESENTED AND CONCLUSIONS Since there is substantial overlap in the questions presented in your requests, I have taken the liberty of consolidating and rephrasing them. Thus, the issues this opinion will address are as follows: Who has the responsibility to assure that a parolee whose offense was committed on or after July 1, 1979 but before July 1, 1984, remains under parole supervision for a period of 1 year unless granted early discharge by the Board as provided by statute? The Division of Adult Services of the Department of Corrections is responsible for providing supervision for 1 year unless the parolee receives an early discharge. When must an offender's discharge date be adjusted as a result of his actions while out on parole? There are three instances when an offender is not entitled to credit against his sentence for a period of time spent on parole. These are: (a) when a parolee violates his parole in any manner and is revoked and returned to the custody of the Department of Corrections; (b) when an offender's parole is suspended or cancelled pursuant to section 17-2-102, C.R.S. (1978); and (c) when an offender is found guilty of absconding, regardless of whether his parole has been cancelled, suspended, or revoked. Does the Parole Board have authority under articles 2 and 22.5 of title 17, C.R.S., to order the Department of Corrections to exclude the time periods mentioned above in its time computation? No. Does the Department of Corrections have a responsibility to adjust an offender's discharge date in the absence of a parole revocation? Yes, when the offender is not entitled by law even in the absence of a parole revocation to credit against his sentence for a period of time spent outside the prison walls. ANALYSIS 1. The Division of Adult Services of the Department of Corrections is responsible for providing supervision for 1 year unless the Parole Board discharges the offender earlier upon a finding that the offender has been sufficiently rehabilitated and reintegrated into society and can no longer benefit from parole supervision. Early discharge by the Board relieves the Division of Adult Services from its responsibility to keep the offender under supervision. Section 17-22.5-303, C.R.S. (1985 Supp.). 2. The statutes specifically provide for two circumstances in which an offender's discharge date must be adjusted due to his actions while on parole. Section 17-22.5-203(1), C.R.S. (1985 Supp.), provides: Time of parole not considered when inmate is...

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