H. Michael Steinberg has over 32 years experience practicing Colorado criminal law. Mr. Steinberg strives to stay current with the ever changing aspects of criminal law issues and updates resulting in his extensive knowledge of successful criminal defense as well as appellate work. He is also an active member of the National Association of Criminal Defense Lawyers, the Colorado Criminal Defense Bar Association, the Colorado Trial Lawyer's Association, and the Colorado and Arapahoe Bar Associations.
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Colorado State Legislature Creates Opening for Convicted Drug Crimes Felons Attempting to Parole Early

In Mid 2011 – the Colorado State Legislature enacted a law – House Bill 11-1064, which created a presumption, subject to the State Board of Parole, in favor of granting parole to an inmate who has reached his or her parole eligibility date and who is serving a sentence for certain drug-related crimes, provided that the offender meets other requirements specified in the bill.

If the inmate is granted parole, the parole board is required to order the parolee to participate in substance abuse treatment consistent with his or her needs.

Here is the New Law:

HOUSE BILL 11-1064

Concerning a Parole Presumption Pilot Program for Certain Drug Offenders
17-22.5-404.5. Presumption of parole – drug offenders.

(1) there shall be a presumption, subject to the final discretion of the parole board, in favor of granting parole to an inmate who has reached his or her parole eligibility date and who:

(a) is serving a sentence for which the controlling term of incarceration is based on a felony possession or use offense

(b) has not incurred a class I code of penal discipline violation within the last twelve months or a class ii code of penal discipline violation within the last three months;

(c) is program-compliant;

(d) was not convicted of, and has not previously been convicted of, a felony crime described in:

Section 18-3-303 -Kidnaping, 18-3-305 Enticement of a Child, 18-3-306 Internet Luring of a Child, or 18-6-701 (Contributing to the Delinquency of a Minor; Sections 18-7-402 to 18-7-407 (Soliciting for Child Prostitution 18-7-402 – Soliciting for child prostitution; 18-7-403 – Pandering of a child. 18-7-403.5. Procurement of a child. 18-7-404. Keeping a place of child prostitution. 18-7-405. Pimping of a child. 18-7-405.5. Inducement of child prostitution. 18-7-406. Patronizing a prostituted child. 18-7-407. Criminality of conduct). Or 18-12-102, 18-12-109, C.RS Firearms and Weapons Offenses or a felony crime listed in section 24-4.1-302 (1), CRS;

(a) Murder in the first degree, in violation of section 18-3-102, C.R.S.; (b) Murder in the second degree, in violation of section 18-3-103, C.R.S.; (c) Manslaughter, in violation of section 18-3-104, C.R.S.; (d) Criminally negligent homicide, in violation of section 18-3-105, C.R.S.;

(e) Vehicular homicide, in violation of section 18-3-106, C.R.S.; (f) Assault in the first degree, in violation of section 18-3-202, C.R.S.; (g) Assault in the second degree, in violation of section 18-3-203, C.R.S.; (h) Assault in the third degree, in violation of section 18-3-204, C.R.S.;

(i) Vehicular assault, in violation of section 18-3-205, C.R.S.; (j) Menacing, in violation of section 18-3-206, C.R.S.; (k)….(l) First degree kidnapping, in violation of section 18-3-301, C.R.S.; (m) Second degree kidnapping, in violation of section 18-3-302, C.R.S.; (n) (I) Sexual assault, in violation of section 18-3-402, C.R.S.; or (II) Sexual assault in the first degree, in violation of section 18-3-402, C.R.S., as it existed prior to July 1, 2000; (o) Sexual assault in the second degree, in violation of section 18-3-403, C.R.S., as it existed prior to July 1, 2000; (p) (I) Unlawful sexual contact, in violation of section 18-3-404, C.R.S.; or (II) Sexual assault in the third degree, in violation of section 18-3-404, C.R.S., as it existed prior to July 1, 2000;

(q) Sexual assault on a child, in violation of section 18-3-405, C.R.S.; (r) Sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3, C.R.S.; (s) Sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5, C.R.S.; (t) Robbery, in violation of section 18-4-301, C.R.S.; (u) Aggravated robbery, in violation of section 18-4-302, C.R.S.; (v) Aggravated robbery of controlled substances, in violation of section 18-4-303, C.R.S.; (x) Incest, in violation of section 18-6-301, C.R.S.; (y) Aggravated incest, in violation of section 18-6-302, C.R.S.; (z) Child abuse, in violation of section 18-6-401, C.R.S.; (aa) Sexual exploitation of children, in violation of section 18-6-403, C.R.S.; (bb) Crimes against at-risk adults or at-risk juveniles, in violation of section 18-6.5-103, C.R.S.; (cc) Any crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3 (1), C.R.S., pursuant to section 18-6-801 (1), C.R.S.;

and

(e) does not have an active felony or immigration detainer.

(2) notwithstanding any provision of law to the contrary, an inmate who is eligible for the presumption in subsection (1) of this section shall have a parole release hearing within ninety days after becoming eligible for the presumption in subsection (1) of this section.
(3) if the parole board grants parole to an inmate pursuant to subsection (1) of this section, the parole board shall require as a condition of parole that the parolee participate in substance abuse treatment consistent with the assessed treatment need of the parolee.