2000-01 Parole Board Annual Report

8/11/2019 2000-01 Parole Board Annual Report

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COLORADO

BOARD OF

PAROLE

NNU L REPORT

FOR

YE R 2 2 1

BILL O WEN S

GOVERNOR OF COLORADO

DON VAN PELT

CHAIRMAN


2/34


3/34

TABLE OF

CONTENTS

I.

ORGAN I Z AT IONA L CHAR T i

II. BOARD

MEMBER

BIOGRAPHIES ii, iii ,

iv

III.

MIS SION S TATEMENT v

IV. HISTORY OF PAROLE BOARD vi, vii

V.

BOARD RESPONSIBILITIES

viii

VI. STATUTORY CONDITIONS

OF

PAROLE

ix

VII.

COMMON QUESTIONS

ASKED

ABOUT PAROLE x, xi

GLOSSARY

xii,xiii,xiv

CHARTS

AND GRA PH S

TOTAL

HEARINGS by CATEGORY

FY00/01 1

4-YR COMPARISON/TOTAL

HEARINGS FY97-FY01 2

APPLICATIONS

PROCESSED FY00/01 3

4-YR

COMPARISON RELEASES

FY97-FY01 4

REVOCATION HEARINGS by RESULTS FY00/01 5

REVOCATION HEARINGS CUMULATIVE by MONTH FY00/01 6

REVOCATION HEARINGS CUMULATIVE MONTHLY by

RESULTS FY00/01 7

SELF REVOCATIONS FY00/01 8

HEARING TAPES COPIED

FY00/01 9

LETTERS

in

RESPONSE

to

CORRESPONDENCE

FY00/01 10

CDOC

PAROLE

BOARD HEARINGS

AND

DECISIONS 11

A. P A R O L E B O A R D D E C IS I ON S FY97-FY01

B. PAROLE BOARD RELEASE DECISIONS FACILITY BREAKDOWN - FYOl

C. PAROLE BOARD REVOCATION DECISIONS PAROLE BREAKDOWN - FYOl

D. DISCRETIONARY PAROLE BOARD DECISIONS RELEASES - FY 01


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>

I I I I

DEFT

DF

CORRECTIONS

COLORADO STATE PAROLE BO

ORGANIZATIONAL CHART

GOVERNOR

BCARD

CHAJRNAN

BOARD

MC-C fWRNAN

~~1

BOARD

NENBER

BEARD

NENBER

BOARD

NENBER

BOARD

NENBER

BOARD

NENBER

ADMIN

HRD DHTS?

ADNIN

mCDFFDR

ADNIN

A5ST 1


5/34

THE O RD MEM ERS

H IRM NDON

V N

PELTwas

initially appointed as the Parole Chairman

onApril 17, 2000. Hewas reappointedfor a 2nd termeffectiveJuly 1, 2001. Mr. Van Pelt had

previously represented an International drug testing company that specialized in criminal justice

and workplace related drug testing.

Mr. Van Pelt is a native of Colorado and received his Bachelor's Degree in Education from the

University ofNorthern Colorado. After three years as a high school teacher and coach at Arvada

WestHighSchool, he entered the Federal Bureauof Investigation as a SpecialAgent in 1966

serving in Arkansas, Louisiana and Colorado. Afterretiring from the Bureau in 1990, he was

employed as theManager

of

Corporate Financial Investigations for

Rocky

Mountain Health Care

Corporation (Blue Cross and Blue Shieldof Colorado, NewMexico andNevada) and

subsequently for the ColoradoDepartmentof Corrections as theProject Directorof the Inmate

Drug Reduction Program (IDRP).

Mr.Van Pelt has served in the public sector for over thirtyyears and has also been active in

numerous

professional organizations and community

based public

service

programs.

L RR

YJ

SCHW RZ was appointed

to theColorado Board of Parole on August

11, 1997,becameVice-ChairmanOctober1, 1997, and Chairman effectiveMarch 1, 1999thru

October 15, 1999. He

was

reappointed

for a

2nd

term

effective

July

1,

2000.

Prior

to

the August

1997

appointment, he was servinga second termas StateRepresentative forHouseDistrict 44.

In

addition

to his

over

40

year

career in

truck and rail transportation,

he has owned and

operated

a

farm

and

ranch,

taught

Junior

College,

and

was

a

part-time deputy

sheriff

achieving the

rank

of

Captain, for over eleven years.

Mr. Schwarz was

born

and raised in Illinois, coming to Colorado in

1977.

Larry received an

Associate

Degree

inTraffic and

Transportation from

Carl Sandburg

College. He

also

holds

credits

and certificates

in

Transportation Law from

Bradley University

and Humboldt

Institute,

plus numerous certificates from Denver University and others in

the

fields

of

Preliminary Police

Training and

Mandatory

Firearms

Laws,

Accounting, EEO/AA, and

several

otherbusiness

related

subjects.

He

holds Federal

Licenses topractice

transportation

law

before

the

Interstate

Commerce Commission, now known as the Surface Transportation Board, and Federal Maritime

Co m m i ssi o n .

Mr. Schwarz

serves

on the

Pueblo

Community

College

Advisory Council

and Fremont

National

Bank's

Board

ofDirectors. Hebelongs to the Florence Lions, andhas beena member of

numerous

organizations such as Past President

and

Board

Member ofthe Fremont

County

Economic

Development

Corporation, Past

President

of

the Custer-Fremont County Farm

Bureau,

Past

President

of the

Denver Chapter

of the

Association

of

Transportation Practitioners, and

literally dozens

of

others.

ii


6/34

DONALD A ALDERS

prior to his appointment to the Parole Board in July 1995.

Mr. Alders started his Criminal Justice career as a police officer in Gunnison, Colorado. He

became a parole officer with the Colorado Department

of

Corrections in December 1965and had

numerous assignments. In July 1986, he was appointed to the Colorado Parole Board and served

as Chairman for several months. From July 1987, Mr. Alders was the Parole Board

Administrator.

No t

only has Mr. Alders been a public servant for 33 years, he has been active as

a volunteer with several non-profit organizations in his community for over 20 years.

Mr. Alders was reappointed to complete the term ofMr. Trujillo effective March 1, 1999, and

reappointed to serve a full-term effective July 1, 1999.

URTIS

W

DEVIN appointed March 3, 1997 to the Colorado Board of Parole.

Hewas reappointed to a 2nd termeffective July1,2001. Priorto his appointment, Mr. Devin

servedwith the Colorado Departmentof Corrections for over ten years holding positions of

Correctional Officer, Sergeant,Lieutenant, CaseManager, andCaseManager Supervisor.

Mr.

Devingraduated with a Bachelor's

Degree

in Business Administration fromRegis

University. He is a member of the American Correctional Association, Colorado Correctional

Association,

andNational

Association

of

Blacks

in

Criminal

Justice-Colorado

Springs

Chapter.

Mr. Devin served

in theUnited

States Armed Services

for

nearly

twenty-five

years,

retiring in

1995 at the rank of First Sergeant.

RODNEYGOMEZ appointed April 1, 1999to the Colorado Board of Parole.

Rodwas born inNew Yorkandcameto Colorado in

1982.

He beganhis law enforcement career

with the SteamboatSprings PoliceDepartment and laterservedon the Sheridan,Colorado Police

Department.

As

well

as

working

forthe

Denver District Attorney s Office

for the

last twelve years,

he served

in bothOperation DesertShieldandDesert Storm respectively. Heisthe founder of Denver's

G.R.A.S. P. (GangRescueand Support Project).

Mr. Gomez's term expired effective June 30, 2001.

DR RICHARD A M RTINEZ appointed

April 1,

1999

to the Colorado Board

ofParole.

Prior

to his appointment,

Dr.

Martinez served

as

a Pueblo

County Commissioner

since

1993,

serving

as

Chairman

in

1995

and 1996.

Presently

Dr.

Martinez

isan

eye

clinic consultant

with Colorado

Mental

Health Institute ofPueblo since May

1969.

Dr. Martinez holds a

Master

ofPublic Health

Degree

from

the

University

ofWashington s

School of

Public

Health and

Community

Medicine, Doctor of

Optometry Degree

from the

Southern

California College

ofOptometry, and aBachelor ofArts Degree from Adams State

College.

Dr. Martinez also completed

programs

at Harvard University

John

F. Kennedy School

ofGovernment,

Harvard

University School ofPublic Health, Johns Hopkins University School

of

Hygiene

and

Public

Health,

and

the

University

of

Santa Clara.

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7/34

Since early 1987, Dr. Martinez's Governor appointments have included: Chairman of the

Colorado Chemical Demilitarization Citizens' Advisory Commission, Colorado State Board

of

Health (President 1990 1991), Governor's AIDS Coordination Council, Pueblo Army Depot

Re-use Commission, Rural Job Training Local Elected Officials Board, State

of

Colorado

Juvenile Parole Board, as well as a Tenth Judicial District Appointment

of

Chairman, Senate Bill

94, Pueblo County. Additionally, he has served on numerous other Boards and Commissions.

While Dr. Martinez has had several meritorious awards serving as a Pueblo County

Commissioner, he also holds to his credits: the 1989Adams State College Outstanding Alumnus

Achievement Award, September 1984 Beautiful Puebloan Civic Award, 1977 and 1990

Colorado Optometric Associations' Distinguished Professional Service Awards, 1981 Colorado

Optometric Associations' Optometrist of the Year, 1985 Pueblo Latino Chamber

of

Commerce

Businessmanof the Year, Adams State CollegeWho's WhoAmong Students inAmerican

Universities andColleges, and the 1994 Special Recognition and 1979 Service Recognition

Awardsfrom PuebloCounty and theUniversity of Southern Colorado respectively.

SHARONBARTLETT WALKER was appointed to the Colorado Board

of

Parole effective September 16,

1999.

Sharon is a Colorado

native with

a Bachelor's Degree

from

Colorado State University.

Ms. Bartlett-Walker beganher career in corrections inMay 1973, working as botha Parole

Officer

and

a

Community

Program Agent

inthe

Denver area and

onthe

Western Slope

of

C o l o r a d o .

IV


8/34

COLORADO

STATE BOARD OF

PAROLE

MISS ION

S TATEMENT

T H E B O A R D O F P A R O LE

IS

A N I N T E G R A L P A R T O F T H E C R I M I N A L

J U S T I C E S Y S T E M O F T H E S T A TE O F C OL O RA DO . S TA T U TO R Y

A U T H O R I T Y F O R

T H E

B O A R D IS C O N T A I N E D

IN

C O L O R A D O

REVISED STATUTES SECTION 17-2-201 et seq. (1986).

To protect the public safety by utilizing the criteria set forth in the

statutes, the risk assessment guidelines, all pertinent data, and an

interview with the applicant.

To use agency and community resources as a bridge to help parolees

reach self-sufficiency, reintegration into the community, and stable

citizenship.

To return to prison thosewhoshowtheywill not be law abiding.

To use the full range of executive authority, in order to accentuate

equality, fairness, and justice for all under the jurisdiction

of

the State

B o a r d

o f

Par ol e.


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H I S T O R Y

O F

T H E

B O A R D

O F P A R O L E

EXCERPTS FR OM T HE FIRST

CO LOR ADO PAROLE LAW

On August 3, 1899, the following law went into effect.

Be it enacted by the General Assembly

of

the State of Colorado:

When a convict is sentenced to the State Penitentiary...thecourt imposing the sentence shall not

fix a definite term of imprisonment, but shall establish a maximum and minimum term which

said convict may be held in said prison.

TheGovernor shall haveauthority, undersuch

rules

andregulations as hemayprescribe, to

issue

a parole or permit to go at large to any convict...

Every such convict, while on parole, shall remain in the legal custody, and under the control of

the Commissioners

of

the Penitentiary...

The paroled convict who may,

upon

the

order

of the Governor, be returned to the penitentiary,

shall be retained therein accordingto the termsof his originalsentence...

This act shall

notbe construed in any

sense

to operate asa

discharge

of

any

convict

paroled

under its provisions, but simply a permit...

Colorado State Penitentiary Biennial Report 1899-1900

ESTABLISHMENT AND OPERATION

OF

THE

COLORADO PAROLE SYSTEM

1951

For

many

years

prior to the establishment of

the

Colorado Parole

Program,

by

the

Legislature

in

1951, paroles weregranted by theGovernor, usually on therecommendation of the

wardens

of

the

prison

orreformatory. After 1949, some supervision was maintained over

parolees by

county

sheriffs

or other

local

officials, under the

direction

of the

Attorney

General s office. Parolees

were required to send periodicmail reports to thewardens.

The

parole

law

of 1951

established

a

State

Board ofParole consisting of the Governor,

Lieutenant Governorand Attorney General. An amendment in

1953

authorized theGovernor to

appoint three

other persons totheboard. The

1951

law

designated

the

Governor

as

head

of the

Departmentof Parole, which it created with anExecutiveDirectoras administrative and

executive head oftheDivision of Administration. It was provided thattheDirector should have

his office

in

Denver

andthat

there should

be

four

Assistant

Directors,

oneof

whom should

maintain an office ineach Congressional

District

of

the

State.

In

addition

provisions

were

made

for

the

appointing parole officers

and

other employees.

Colorado StatePenitentiary Biennial Report 1950-1951

v i


10/34

EXCERPTS F R O M THE 98 W

RECRE TING T H E

C O L O R D O

O RD

OF

P ROLE

17-2-201. State board ofparole (l)(a) There is hereby created a state board

of

parole, referred to

in this part 2 as the board , which shall consist

of

seven members. The members

of

the board

shall be appointed by the governor and confirmed by the senate, and they shall devote their full

time to their duties as members of such board. The governor may remove a board member for

incompetency, neglect

of

duty, malfeasance in office continued failure to use the risk assessment

guidelines as required by section 17-22.5-404, or failure to regularly attend meetings as

determined by the governor. Final convictions of a felony during the term of office of a board

member shall automatically result in the disqualification

of

the member from further service on

theboard.The board shall be composedof tworepresentatives from lawenforcement, one

former paroleor probationofficer, andfour citizenrepresentative. Themembers of theboard

shall have knowledge

of parole, rehabilitation,

correctional administration, the functioning

of the

criminal justicesystem, andthe

issues

associated with victims of crime.

The

three designated

members

of the

board

shalleachhaveat

least five

years' education or experience, or a

combination thereof, in their respective

fields.

No

person

who has been convicted ofa felony or

of a misdemeanor involvingmoralturpitude or

who

has any financial interests whichconflict

with the

duties

ofa

member

of the

parole

board shall be

eligible for appointment. B)

The parole

board

in

existence prior

to

July 1, 1987

is

abolished

onJuly

1987.

The

governor shall appoint

a new parole

board

pursuant to

this

section, two members of which shall be appointed for

terms

of three

years, two members

of

which shall

be

appointed

for

terms

of

two years,

and

one

member

ofwhich shall be appointed for a termof one year...

ColoradoRevised Statutes 17-2-201(1986)

Vll


11/34

BOARD

OF PAROLE RESPONSIBILITIES

T O

T H E

C I T I Z E N S O F C O L O R A D O

To continue refining the ability to select persons for Parole who will likely succeed as law

abiding citizens; the ability to identify those who require longer confinement, including the

physically dangerous and career criminals; to help parolees become productive citizens for the

benefit

of

society, themselves and their families; to use arrest and Parole revocation authority

wisely; and remove promptly from society a danger to the community through Parole revocation

p r o c e s s e s .

T O T H E

V I C T I M S

To welcome and consider views and information from crime victims and their families, and to

respond positively to their requests for information and notification.

T O T H E

B O A R D

O F P A R O L E

E M P L O Y E E S

Toprovide leadership, training,and resources to effectively perform alljobs, and to provide

opportunities forjob growthfor the retention of knowledgeable andexperienced menand

wom n

T O

T H E O F F E N D E R S

To consider for release eachoffender asan individual,

using

onesetof proven standards

regardless

of where in Colorado the case

originated,

andto

provide

realistic parole conditions.

T O T H E J U D I C IA L S Y S TE M

To support appropriate punishment; to

advance

equal

treatment of offenders with similar

histories

and

needs who are

serving

sentences

for

similar offenses; to work with other justice

system components to reduce criminality; andto reinforce court ordered provisions effective

uponparole, such as restitution payments andchildsupport.

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12/34

STATUTORY CONDIT IONS OF PAROLE

Eachparolee agrees in writing to abideby the conditions set by the Board of Parole. Each

specific case is treated separately and may include a wide variety of conditions; however, all

parolees must abide by the following conditions:

1. Upon release, the parolee must report to his/her assigned parole officer.

2. The parolee must establish a residence

of

record, and shall reside at that residence, in fact,

and on record. The parolee may not change his/her place

of

residence without the consent

of his/her parole officer, and shall not leave the area paroled to or the state without

permission

of

the parole officer.

3. The parolee must obey all state and federal laws, as well as municipal ordinances. The

parolee must follow the directives ofhis/her parole officer at all times.

4. The parolee must makewritten,and personalreports as directed by his/her parole officer,

as well as permit visits to his/her place

of

residence. The parolee must submit to

urinalysisor other tests fornarcotics or

chemical

agents upon request of his/herparole

officer, andmustpay for all tests. Furthermore, theparolee mustallowtheparole

officer

to search his/her person, place of residence,or any premises or automobile under his/her

control.

5. Theparoleemaynot ownor

have

under his/her control or in his/hercustody, firearms or

other deadly weapons.

6. Theparoleemaynot associate withany

person

onparole/probation, or witha

criminal

recordwithout permission

of

his/her paroleofficer.

7. Theparolee mustseekand

obtain employment

orparticipate in a full-time

educational

or

vocational programunlesswaived by his/her parole officer.

8. The parolee shall not

abuse oruse,

alcoholic

beverages

according

to

parole condition

ordered, or possess and/oruseillegal drugs.

9. The parolee shall contact

any

delegated

child

support enforcement unitwith

whom

the

parolee

may have

a

child

support

case, arrange and

fulfill

a

payment plan

to

pay

current

and past due child support.

10. Theparolee shall payanyandall restitution outstanding as courtordered.

11. The

Board

may impose additional special conditions, such as participation ina substance

abuseprogram, when deemednecessary.

IX


13/34

COMMON

QUESTIONS

ASKED ABOUT PAROLE

WHA T IS PAROLE?

The release

of

an offender from confinement in a correctional facility by placing them in the

community, under continuing state custody and supervision, with restrictive conditions, which

if

violated permit re-imprisonment.

WHAT IS

THE

PURPOSE

OF

PAROLE?

Most offenderswho are serving prison sentenceswill eventually return to society, the concept of

parole allows offenders to be reintegrated into society, in a manner that provides control and

support for the offenderand increases the safetyof the public. Simplydischarging a person

from

prison directly back into society, without supervision benefits neither society nor the offender

and increases the likelihood that the person will re-offend.

WHEN DOES THE

PAROLE

PROCESS BEG IN?

After an offender is taken into custody of the ColoradoDepartmentof Corrections, the

Time/ReleaseOperations Division projects the offenders ParoleEligibility Datebased

upon

theSentence

Discharge

Dateand

earned time. Once

the offender has

served

the

required portion

of the court imposed sentence, Time/Release advises the Board of Parole and a Parole

Application Hearing is scheduled.

WHAT

PURPOSE DO

THE

PAROLE DECISION GUIDELINES SERVE?

The

guidelines allow the

Board

to

make

a

sound

consistent decision

about

the offender's

parole

application.

Thegranting or

denial

of

parole

is

based

onthe

Actuarial

Risk

Assessment Scale,

how solid the

parole plan is,

the

offender s

success inprograms

with

the

correctional

facility

as

wellasmitigating and aggravating factors. The

parole

guidelines arebutone element ofwhat

th e

Board

considers in their final decision.

WHAT IS

THE PAROLE

APPLICATION HEARING?

Offenders are scheduled

for

interviews within ninety

days

of their Parole Eligibility Date. In

open discussion with

the offender, board members ask pertinent questions

aimed

atdiscerning

the offender's likelihood of succeeding onparole. The interview includes discussion of the

nature

ofthe crime,

past

criminal acts, the offender s progress within the

correctional

facility, the

parole

plan,

as well as community support and

what

programs are

available

to ensure the

offender's reintegration into society. Family members and other interested individuals

representing both the

offender and

the

victim

are welcome to

express their

views.


14/34

WHAT

ARE

THE

CONDIT IONS

OF

PAROLE?

Conditions ofparole may include any number of restrictionson the freedom of the parolee. The

level of restrictions is based upon the offenders past history and the type

of

crime committed.

WH A T

IF THE S E COND IT ION S ARE V IOLATED?

Parolees that violate the conditions

of

their parole must face a revocation hearing. If the Board

finds the parolee guilty

of

the violation, the board then decides if the parolee should be returned

to a correctional facility, the conditions of parole shouldbe modifiedor if the parolee should be

allowed to remain on parole, under the parole conditions previously stipulated.

The parolee may also waive his or her right to a revocation hearing and be returned to the

correctional facility without a hearing.

WHAT IS THE DIFFERENCE BETWEEN

PAROLE

AND PROBAT ION?

Probation is a judge's order suspending all or partof a prisonsentence and in its place allowing a

term

of

supervision within the community, this is done IN LIEU OF INCARCERATION. The

offender is supervised by a probation officer under themanagement of the Judicial Department,

only a

judge

can revoke probation.

Paroleis the release of an offenderprior to the expiration of the incarceration portion of a

sentence. The offender is supervisedby a parole officerunderthe management

of

theDivision

of Parole, only the Board can revoke parole.

X I


15/34

GLOSSARY OF COMMON PAROL E TERMS

CASE

MANAGER :

Department of Corrections Employee who works with offenders within a correctional facility to

further ensure their success in facility programs andwhile on parole. The case manager's

relationshipwith the offender ends once they leave the facility; however, it is the casemanager

who assists the offender in the creation and verificationof their parole plan.

DEFERRAL :

The Board's decision to deny an offenderparole and holdanother hearing, at a later date, within

one year in most cases, or within three years in other limited specified cases.

EARNED T IME :

Colorado lawmandates that by following correctional facility rulesand regulations, each

offender mayearn up to tendays a monthoff theiroriginal court-imposed sentence. Therefore,

anoffendermayacquire bothserved and earned time

against

the discharge of his/her

sentence.

ELECTRON IC MON ITOR ING :

An Enhancement of Parole Supervision, whereparolees areplaced under electronicsurveillance

viause ofan ankle transmitter and telephone

hookup

to a central computer, which

documents

the

movement o f th e

o f fe n d er f ro m h i s/ h er

residence.

FULL

BOARD

REV IEW:

Cases

involvinga violent crimeor a history of

violence.

TheBoardMemberwhoconducts the

offender interviewpresents the findings andrecommendations to the Full Board. AllBoard

Members

then vote

whether

ornot togrant parole.

This has

to

be

a majority vote ofa minimum

of four

Board Members

for

offender

to be

paroled.

I . S . P . :

The Intensive Supervision

Program

which includes

electronic

monitoring

and

highly restricting

supervision ofparoleeswarrantingadditional attention.

PAROLE:

The

release ofan offender

from

confinement in a

correctional

facility by placing

them

in the

community under

continuing

state custody

and

supervision with

restrictive

conditions.

X I I


16/34

PAROLE AGREEMENT :

A statutory requiredwritten contract signedby a paroleeand a memberof the Board of Parole, in

which the parolee agrees to abide by the conditions of his/her parole.

PAROLE BOARD :

The Colorado State Board of Parole is a seven-member board appointed by the Governor and

entrusted with the authority to decide which offenders will be released to parole.

PAROLE EL IG IB IL ITY DATE:

The date an inmate is eligible for parole in accordance with state law.

PAROLE GUIDEL INES :

One

of

the many considerations used by the Board

of

Parole to determine an offender's

opportunity for parole.

PAROLE PLAN :

A prospectiveplan for residence, employmentand rehabilitation programswhile on parole. The

offendersubmits this plan to the Board duringthe parole application hearing.

PAROLE V IOLAT ION :

A

failure

by the parolee to

abide

byoneor

more

of the

conditions

of the

Parole Agreement.

PAROLE WARRANT :

Anorderissued by the Boardof

Parole authorizing

the arrest of a

parolee.

PAROLEE :

A n

offender released

on Parole

status.

PROBATION:

A

court

imposed

sentence suspending

incarceration and instead imposing a term of

supervision

in the

community,

but underthe

direction

of a

probation

officer.

RECIDIVISM:

The return

ofan

offender

to

incarceration

due to violation ofterms and

conditions

ofparole or

commission

o f

a

n ew

crime.

XI I I


17/34

RESC ISS ION :

The loss

of

an offender's pending parole release due to a major infraction

of

the rules at the

Department of Corrections facility in which he/she is confined.

REST I TUT ION :

Payments made to crime victims by the perpetrator

of

the crime. The Board may order

additional restitution to cover court costs, fines and extradition costs.

REVOCAT ION :

A decision by the Board, Administrative Law Judge, or Administrative Hearing Officer to return

a parolee to prison based on their failure to follow the conditions of parole.

REVOCAT ION

HEAR ING :

The

Board

of Parole hearsthecomplaint of a

parole violation

allegedly committed by a

parolee.

If theparolee is

found

guilty, the

Board

hasthe

authority

to return parolee to the

Department

of

Corrections' custody, revoketo County Jail for up to 90

days,

revoke to Community Corrections

for up to 180days, modifyparoleconditions, or continue paroleeon parole.

SPECIAL CONDIT ION:

A conditionof parole that addressesspecific aspectsof an individual's behavior.

ST TUTORY DISCHARGE DATE:

Thedate onwhich the offender's court imposed sentence terminates.

SUSPENSION:

The

deferment

ofan

offender s parole release

pending a

rescission hearing.

TABLED CASES :

Cases

held by the Board ofParole awaiting additional information prior

to

release on parole.

TECHNICAL VIOLATION:

A transgression bya parolee against the conditions ofhis/her parole that does not constitute a

new violation ofthe law, i.e., moving from

the

address stipulated on

their

parole plan and failing

to advise their parole officer of

this

change; other

similar

violations ofconditions as specified.

WA IVER :

The

offender s

decision to

waive his/her rights

to a

parole application hearing.

x i v


18/34

TOTAL

HEARINGS

by CATEGORY

2 0 0 0 / 2 0 0 1

A P P LICA TIO N S *

1 5 8 2 1

APPLICATIONS INCLUDE

DEFERRED/GRANTED/UAIVED

S U S P E N S I O N S

1 0 5

/ REVOCATIONS

3 5 1 2

F U LLBO A RD S

5 2 4


19/34

ttrt9trtfttrftfftfttt9f9rttt9t ttff9ttt

T

0

T

A

L

REVOCATIONS

APPLICATIONS

FULLBOARDS

SUSPENSI ONS

4 YR C O M P A R I S O N

T O T A L

H E A R I N G S

REVOCATIONS

FULLBOARDS

1997/1998 1998/1999

3 4 0 5

1 4 3 2 8

9 5 1

9 0

3 9 0 4

1 4 3 9 1

6 7 5

9 4

LZJ

APPUCATIONS

1MI

SUSPENSIONS

1999/2000

3 9 7 5

1 5 0 0 0

4 0 9

1 1 3

2000/2001

3 5 1 2

1 5 8 2 1

5 2 4

1 0 5


20/34

APPLICATIONS

PROCESSED

WAIVED/GRANTED/DEFERRED

2000 / 2 0 01

W A I V E D

4 2 0 6

INCLUDES

2180 RELEASED ON MRD

D E F E R R E D

7 2 2 2


21/34

4 0 0 0

3 0 0 0

2 0 0 0

1 0 0 0

4

YR

COMPARISON

RELEASES

2 0 0 0 / 2 0 0 1

1997/1998 1998/1999

1999/2000 2000/2001

TOTAL

RELEASED

INCLUDES

MRD

RELEASES


22/34

REVOCATION

HEARINGS

by

RESULTS

2 0 0 0 / 2 0 0 1

HEARING CONT

CONT

ON PAROLE

COMPLAINT

DISMISS

WARRANTS ISSUED

REVOKED/DOC

REVOKED/COM

CORR

REVOKED/JAIL

TOTAL

HEARINGS

35 2

2 3 4


23/34

REVOCATION

HEARINGS

CUMULATIVE

by

MONTH

2000 / 2001

34

342

324

2

3

4


24/34

REVOCAT ION HEAR INGS

CUMULATIVE MONTHLY by

RESULTS

2000/2001

M O N T H

T O T A L

C O N T

H R G

C O N T

P A R

D I S M W R N T

I S S U E D

R E V O

D O C

J A I L

C O M M

C O R R

J U L 2 6 5

1 1 4

5 6

8 2 6 4

19 2

A U G

3 4 0

12 9 9 2

8 4

9 6

11

0

S E P

2 9 3 1 1 3

7 2

9 2

8 7

10

0

O C T

3 4 2

1 2 3

11 0

1 6

0 8 5

7

1

N O V

271 9 0

6 9 11

5

9 6

0

0

D E C 2 8 3

1 1 4

5 9

8

1

9 7

3

1

J A N

2 9 8

1 0 4

7 9

1 7

2

8 6

1 0

0

F E B

2 7 9

8 7

7 3

19

5

8 9

2

4

M A R

2 4 7

7 8

6 8

5

3

8 8

4

1

A P R

2 9 5

1 2 6

81

5

2

71

8

2

M A Y

2 7 5

9 6

81

3

2

8 3

7

3

J U N 3 2 4

1 2 6

6 7

5 7

1 1 4 3 2

T O T A L S

3 5 1 2

1 3 0 0

9 0 7

1 1 4

3 5

1 0 5 6

8 4

1 6


25/34

iPpripl

o o

SELF REVOCAT IONS

2000/2001

M O N T H

C O M P L A I N T S D E N V E R

I N T E R S T A T E

N O R T H E A S T

S O U T H E A S T W E S T E R N

T O T A L

J U L Y 0 0

5 4

33

6 3 0 1 2

2 83

A U G U S T 0 0

6 4

4 1

8

2 4 23

4 10 0

S E P T E M B E R 00

6 9

4 0 4 3 4 19

2

9 9

O C T O B E R

00

7 8

61 9

21

2 1

5

11 7

N O V E M B E R 00

51

3 9

7

25 2 2

3

9 6

D E C E M B E R 00

5 3

2 9

1 2

18

15

4 7 8

J A N U A R Y

01

61

3 4

15 2 4 23

2

9 8

F E B R U A R Y

01

4 6

31

3

1 9

1 7

5

7 5

M A R C H 01

5 8

4 5 7 1 5 2 0

8

9 5

A P R I L 01

5 5

3 2

7

2 0 18

5

8 2

M A Y 01

5 8

4 2 6 2 0 2 6

3

9 7

J U N E 01

5 2

3 8

9

16 1 7

2

8 2

T O T A L S

6 99

4 65

93 2 6 6

23 3

45

1 1 0 2


26/34

HEAR ING TAPES COPIED

2000/2001

REQUESTED

B Y :

FY

97/98

FY

98/99

FY

99/00

F Y

00/01

V IC T IM

9 7

20

52

I NMATE

FAM I L Y

6

3

11

8

I NMATE

3

6

10

3

A T T Y

GENERAL

4

~

3

PAROL E

DIV I S ION /

DOC

2

3

2

OTHER DA/PD/

ATTY/MEDIA)

10

9

12

20

TO T A L

30

32

55

86


27/34

LETTERS

in RESPONSE

to

CORRESPONDEN

2000/2001

MONTH INM ATE

INMATE

FAM I L Y

INMATE

ASSOC

V ICT IM

V ICT IM

FAMILY

V ICT I

ASSO

JULY 00

58

46

17

10

11

2

AUGUS T 00

37 25

11

11

5

4

S EPTEMBER 00

85 30

13

13

25

3

OCTOBER

00

56

23

12

7

12

0

NOVEMBER

00

44

23

19

16

13

1

DECEMBER 00

45

23

12

3

14

1

J A NUAR Y

01

59

37

28

18

18

56

FEBRUARY

01

61

38

17

9

10

9

MARCH 01 89

44

20

19

10

7

APR I L

01

74

40

17

15

6

5

M AY

01 55

45

16

10

12

18

JUNE 01

80

31 14

9

4 3

TOTAL S

743

405

196

140

141

109


28/34


29/34

The Colorado Department

of

Corrections has established this report for the

purpose of tracking Colorado State Parole Board hearings and decisions. The

Department tracks Parole Board activity to the extent the offenders' time and release

functions are affected. The Parole Board tracks hearings and decisions to monitor

workloadactivities and affects on ParoleBoard staff. These differing purposes create a

discrepancy betweenthe numbers and types of parolehearings/decisions that are reported

by the Colorado Department

of

Corrections (DCIS) and the Colorado State Parole Board.

Many of the differences are noted in the following paragraphs.

Revoca t ions

TheDepartment of Corrections

counts

the

final

outcome

of a hearing;

whereas,

theParoleBoardcountsthe initial

decision.

For

example,

the original decision

was a 90-day revocation to jail, subsequentnew chargeswere filed, and the

decision is changed (amended) to prison revocation. DCIS would reflect the

prison revocation and

the

Parole

Board would

reflect

the90-day

revocation

tojail.

If a

parolee,

during a

revocation

hearing, decides to

self-revoke,

theDepartment

ofCorrections will

enter

thehearing as a

self-revocation hearing;

whereas, the

ParoleBoard still considers it a revocation hearing.

The

Department

of Corrections

uses

thedate oftheoriginal hearing

unless

the

effective dateis retroactive as determined bythe parole

board.

DCIS

would

then

use the effective date; whereas, the

parole

board

would

track the original hearing

date. This variation

results

in some

revocations

being

counted

in different fiscal

y e a r s .

Revocation decisions may also be

overturned and

the

parolee

will continue on

parole. DCIS will

contain the

final continued on parole decision while

the

parole

board reports the initial revocation.

Neither system parole

board

or

DCIS)

has the

capability

to

track

all

revisions

when the decisions

ar e

amended

or

annulled.


30/34

Miscel laneous

Reins ta t ement s

Th e

Colorado State Parole Board shows reinstatements as continued; whereas, the

Department of Corrections shows reinstatements in a separate category.

Reinstatements reflect cases where the granted release decision was suspended

and then the original granted action is reactivated.

Hearing

Continued, Continued

and Dismissed Actions

When a complaint is issued, a hearing date is set by the Parole Board. If the

paroleehasnewcharges, the Parole Boardmaycontinue thehearing multiple

times until

resolution is

made

onthenew

charges. Hearings continued

bythe

Boardare tracked forworkload

purposes

buttheDepartment maynot reportall

actions as thereis noeffecton theoffender's timecalculations at this

point.

In

cases where the hearing occurs and the complaintcharges are dismissed, the

Board reports a dismissed action while DCIS will reflect the outcome of

continued [onparole]. The

Board

also

counts

the

cases where

complaints

were

withdrawn and no hearing was held. DCIS will not reflect these actions as

withdrawn complaints cannot be in the offender files and the offender does not

have a hearing before the Board.


31/34

DECIS ION TYPE

RELEASE DECIS IONS

COLORADO

DEPARTMENT OF

CORRECT IONS

PAROLE BOARD DECISIONS DRAFT)

FY97 FY98

FY99

FYOO

NO .

NO. NO. NO.

FYOl

NO.

G r a n t e d - P E D

3 0 6

3.4

3 5 0

3.7

2 53

2.8

1 4 4

1.6

15 4

1.6

G r a n t e d - S e t

2,353

25.8

2,425

25.8

2,505

28.1

1,909

21.8

2,066

21.9

D e f e r r e d

6,467

70.9

6,623

70.5

6,165

69.1

6,708

76.6

7,222

76.5

SUBTOTAL

9,126

100.0

9,398

100.0

8,923

100.0

8,761

100.0

9,442

100 .0

REVOCAT ION

DECIS IONS

* C o n t i n u e d

7 4 7

37.6

8 6 9

34.9

9 8 0

32.1

1,044

29.9

9 43

29.4

* 1-Day Revocation 4

0.2

1

0.0

1

0.0

0

0.0

0

0.0

S e l f - R e v o k e d

NA

- 18 6

7.5

1,074

35 .2

1,225

35.1

1,252

39.0

R e v o k e d to

Jail

62

3.1

22 5

9.0

2 5 2

8.3

1 48

4.2

76

2.4

Revoked to Community

3 9

2.0

3 6

1.4

2 2

0.7

12

0.3

1 2

0.4

R e v o k e d

1,134

57 .1

1,170

47.0

7 2 4

23.7

1,062

30.4

9 2 9

28.9

SUBTOTAL

1,986

100.0

2,487

100.0

3,053

100.0

3,491

100.0

3,212

100.0

MISCELLANEOUS HEAR INGS

Fu ll

B o a r d

9 4 7

90 5

6 9 7

4 0 9

5 2 4

T a b l e d

1,748

1,585

1,653

1,219

1,590

W a r r a n t

Is s ued

6 3 7

7 7 0

1,129

9 6 0

9 6 4

Hearing Continued

7 7

3 5 4

1,374

1,262

1,187

Discharged

1

1

0

0

4 6

R e s c i n d e d

6 9

4 4

9 7

9 7

8 4

Suspended

7 7

7 8

9 8

1 1 3

1 0 4

Reinstated

1 6

16

7

3

8

**

D i s m i s s e d

0

2 4

1 0 6

0

0

** Courtesy Review

0

2

8

5

5

*** Cooper/Martin Reviews

0

0

0

0

19

4,531

UBTOTAL

3,572

3,779

5,169

4,068

NO DECISION

Waived

3,543

3,376

3,600

4,084

4,206

O r d e r e d

7 1 8

1,284

1,595

2,155

2,180

SUBTOTAL

4,261

4,660

5,195

6,239

6,386

TOTAL

18,945

20^24

22,340

22,559

23,571

Revocation decisions do not

include

all

continued and 1 day revocations. The numbers

reflect

only those decisions

entered

i n to DCIS.

Dismissed andcourtesyreviewdecisions not reported priorto FY98.

Discharges

pursuant to

Cooper/Martin

decision returned to

parole supervision.

11A

Office of Planning and Analysis

GSRE - November 1,2001


32/34


33/34

P P Pp p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p

C O L O R D O

D E P R T M E N T O F C O R RE C T IO N S

P R O L E

O R D

REVOC TION

DECISIONS

Parole

Breakdown

- FYOl

DRAFT)

Facilit ies

Paro le

Cont i nued

Revoked

Se l f

R e vok ed

Revoked

to Ja i l

Revoked

to Comm .

SUBTOTAL

Revoked

War r a n t

Issued

Hearing

Con t i nued

TO TA L

PAROLE

-N E

2 9 7

2 4 6

3 2 0 2 3

0

58 9

27 1 3 3 4 1,491

PAROLE - DENVER

3 1 5 4 4 8 5 46

12

3 1,009

4 2 7 5 39 2,290

PAROLE

-

WEST

1 52 1 1 6

60

12

9

19 7 4 4

75

46 8

PAROLE -

SOUTH

1 7 6

11 6

2 5 6 2 9

0

40 1

9 3 2 3 5

90 5

PAROLE - INTERSTATE

3

3 70 0 0 7 3 1 2 9

4

2 09

TOTAL

94 3

92 9

1,252

76

12

2,269

96 4 1,187

5,363

*Revocation decisions do not include allcontinued and 1-day revocations. The numbers reflect only those decisionsentered into DCIS

Office of

Planning

and Analysis

GSRE-November

1,2001


34/34

COLORADO DEPARTMENT OF CORRECTIONS

DISCRETIONARY

PAROLE BOARD DECISIONS

Releases -

FYOl

DRAFT)

Facil i t ies

C O L O

S T A T E P E N I T E N T IA R Y

C E N T E N N IA L C O R R .

FA C

S TE R LI N G C O RR . F A C.

L IM O N C O RR . F A C.

AR K.

V A LL EY C OR R. F AC .

B U EN A V I ST A

C O RR . C O M P L EX

B U E N A V I S T A M I N C TR .

C OL O. T E RR . C O R R. F A C .

F R E M ON T C O RR . F A C.

A R R O W H E A D

C O RR . C T R.

F O U R

MI L L E

C O RR . C T R.

P R E - R E L E A S E

C O R R. C T R .

P UE B L O

M I N I M U M

C T R .

S KYL I NE C OR R . C T R .

C O L OR A D O C O RR . C T R.

D E LT A C O RR . C T R.

R I FL E C O R R. C E N T E R

COLO.CORR.ALT. PR OGR AM

C OL O . W OM E N S C O R R. F A C.

DENVER

W O M E N S

C O RR . F A C.

A D U L T

F E MAL E S

A T

Y OS

DENVER

R EC . D IA G .

C TR .

S A N C A RL O S

C OR R

FAC.

B ENT C O U N TY C O R R. CT R

HUERFANO

CNTY.

C O RR . C T R.

CROWLEY

CNTY.

C OR R

FAC.

KI T

C A RS O N C N TY C O RR . F A C.

C O M M U N I T Y

IS P

JAIL BACKLOG CONTRACTS

C OMMUNITY R EGR ESS

OT HE R *

R E VOKE

T O JAI L

REVOKE TO

COMMUNITY

TOTAL

O T R INCLUDES:

DOl,

Fugitive, Federal Transfer, and Interstate Compact

Office of Planning and Analysis

2000-01 Parole Board Annual Report

Documents

Transcript of 2000-01 Parole Board Annual Report