AGO 86-7.
Case Date | June 16, 1986 |
Court | Colorado |
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...
To continue reading
Request your trial