Parole Eligibility Date Calculation

Parole is defined as “the provisional release of a prisoner who agrees to certain conditions prior to the completion of the maximum sentence period”. In Colorado, “Parole is a condition of release from prison, made by an independent seven-member board appointed by the Governor and confirmed by the Colorado Senate” ( Calculating parole differs when you are convicted of a violent crime.

Colorado Revised Statute (C.R.S.) 17-22.5403(1) “allows that any person sentenced for a class 2,3,4,5 or 6 felony, or any unclassified felony, an eligibility date for parole after 50% of the sentence imposed has been served, less any time authorized for earned time. This date can be extended by DOC’s Executive Director for misconduct during incarceration”.

C.R.S. 17-22.5-403 (2), (2.5), (3) and (3.5) “allow for calculation of the parole eligibility date at 75% of the sentence imposed, with credit for earned time or not”.

Crimes that fit under the 75% calculation rule apply only to certain crimes. These crimes include 2nd degree murder, 1st degree assault, 1st degree kidnapping (except class 1), 1st and 2nd degree sexual assault, 1st degree arson, 1st degree burglary, and aggravated robbery. Only these cases that are listed are eligible for the 75% calculation rule, and this does not include attempts, conspiracies, solicitations or accessories.  Colorado Department of Corrections will will consider all factors when calculating parole eligibility.

About Eric Anaya

Criminal Defense Attorney Eric S. AnyaEric Anaya has been practicing criminal law for over a decade. While attending law school, Eric was appointed to the University of New Mexico’s Board of Regents by the Governor of New Mexico. Eric decided to move to Colorado to accept a position in the El Paso County District Attorney’s Office. He prosecuted hundreds of cases in County Court, but quickly was promoted to prosecute felonies. Eric made the conscious decision to change his practice and his life to defending those wrongly accused. Eric has successfully handled hundreds of cases.

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January 15th, 2015|Violent Crimes|
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