2001-02 Parole Board Annual Report.reduced

34
STATE O F COLORADO COLORADO BOARD OF PAROLE  NNU L REPORT FOR YE R 2 1 2 2  fe^V  LL OWENS GOVERNOR O F COLORADO D O N V A N PELT CHAIRMAN

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STATE OF COLORADO

COLORADO BOARD OF PAROLE

  NNU L REPORT

FOR

YE R 2 1 2 2

  f e^V

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COLOR DO O RD

OF PAROLE

1600

W.

24th Street,

Building

54

Pueblo , Colorado 81003

Telephone: (719)

583-5800

Fax: (719)583-5805

Webs it e : www.doc .s t at e .co .u s

Bill Owens

October 31,2002

Governor

Donald

E.

Va n Pelt

Chairman

The Honorable Governor Bil l Owens

Dr. Richard A. Martinez

State

o f

Colorado

Vice-Chairman

State Capitol Executive Offices

Board

Members:

200

E. Colfax Avenue

Deborah C. Allen

Denver,

CO

80203

Curtis

Devin

Daniel

I. Miraflor

Allan Stanley

Dear Governor

Owens:

Sharon Bartlc tt -Walker

Enclosed herewith please find acopy ofFiscal Year 2001-2002 Annual Report

for

the Colorado Board of Parole.

The

Colorado

Board of Parole continues to carry outitsmandated functions

as

prescribed by Executive Order, the legislature

and

case

law as established by

the

state and federal courts.

As

indicated

inthe enclosed report,

the workload

continues

to grow

beyond

expectations

and

this will

cause

the

Board

to seek ways

of

maintaining effectiveness and

efficiency

in the coming years.

I

remain

impressed with the commitment of this Board and staffto thecriminal

justice

process,

and

I am assured

the Board will

fulfill

its

responsibilities in a

professional, moral and ethical manner.

On

behalf

of

the

Parole

Board

and

staff,

I

want to

thank you for the opportunity

of

serving

the

Governor s office and

the State ofColorado in

this very important

function.

Respectfully

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TABLE OF CONTENTS

I. ORGAN IZAT IONAL

CHART i

II. BOARD MEMBER BIOGRAPHIES ii, iii, iv

III.

MISSION STATEMENT

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

GRAPHS

TOTAL HEARINGS by CATEGORY FYOl/02 1

APPLICATIONS PROCESSED FYOl/02 2

4-YR

COMPARISON/TOTAL

HEARINGS

FY98-FY02 .....3

4-YR COMPARISON RELEASES FY98-FY02 4

EARLY PAROLE DISCHARGE REQUESTS BY REGION FYOl/02 Z ........... .5

MODIFICATION REQUESTS BY REGION FYOl/02 6

MODIFICATION RESULTS BY REGION FYOl/02

ZZZZ 7

REVOCATION HEARINGS BY RESULTS FYOl/02 ZZT 8

HEARING

TAPES COPIED FYOl/02 ZZZ.9

LETTERS

in

RESPONSE

to CORRESPONDENCE

FYOl/02  ZZZZ

10

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tttPPP PPPPPPPPPPPPptPPPpppplPrrPrPPtPPirPIr

Colorado

State

Board

of

Parole

Organizational Chart

Governor

Dept of Corrections

Cha i rman

i

Vice-Chairman

Office Manager 1

Membe r

Admin Ass t III

Membe r

Admin Ass t III

Membe r

Admin Ass t III

Membe r

Admin Ass t II

Member

Admin Hearing Officer

1

Admin Hearinq Officer

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THE O RD MEM ERS

CHAIRMANDON

VAN

PELT was initially appointed as the Parole Chairman

on April 17, 2000. 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

of

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

West High School, he entered the Federal Bureau

of

Investigation as a Special Agent in 1966

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

employed as the Manager ofCorporate Financial Investigations for Rocky Mountain Health Care

Corporation (Blue Cross and Blue Shield ofColorado,New Mexico and Nevada) and

subsequentlyfor the Colorado Department of Correctionsas the Project Director of 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.

Mr. Van Pelt was reappointed effective July 1, 2001.

LARRY J.

SCHWARZ was appointed to the Colorado State Board

of

Parole on

August 11, 1997,becameVice-ChairmanOctober 1,1997, andChairmaneffectiveMarch 1,

1999 thru

October

15,

1999. He

was

reappointed

for

a

2nd

term

effective July

1

2000.

Prior

to

the August

1997appointment, he was serving a secondterm as StateRepresentative forHouseDistrict44.

In

addition

to his over 40year career in

truck

and rail

transportation,

hehas 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 toColorado in

1977.

Larry received

an

Associate Degree

in

Traffic

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

andMandatory Firearms

Laws,

Accounting, EEO/AA,

and

several other business

related subjects. He holds Federal Licenses to practice transportation law

before

the Interstate

Commerce Commission, now known astheSurface Transportation Board,

and

Federal Maritime

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DONALD A. ALDERS prior to his appointment to the Colorado State Board

of Parole in July 1995. Mr. Alders started his CriminalJustice career as a police officer in

Gunnison, Colorado. He became a parole officer with the Colorado Department

of

Corrections

in December 1965 and 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. Not only has Mr. Alders beea a public servant for 33 years,

he has been active as a volunteer with several nonprofit organizations in his community for over

20 years.

Mr. Alders was reappointed to complete the term

of

Mr. Trujillo effective March 1, 1999, and

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

Mr. Alders retired effective July 1, 2002.

CURTIS W

DEVIN appointed March 3, 1997 to the Colorado State Board

of

Parole. Prior to his appointment, Mr. Devinserved withtheColorado Departmentof

Corrections forover tenyearsholding positions ofCorrectional Officer, Sergeant, Lieutenant,

CaseManager, and Case Manager Supervisor.

Mr. Devin

graduated witha Bachelor's

Degree

inBusiness Administration from

Regis

University. He is a member

of

the AmericanCorrectional Association, Colorado Correctional

Association, and National

Association

ofBlacks 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.

Mr. Devin was reappointed effective July 1,2001.

DR.RICHARD A. M RTINEZ

appointed April

1, 1999 to the Colorado

State

Board

of

Parole. Prior to his appointment, Dr. Martinez

served

as

a Pueblo

County

Commissioner

since

1993,

serving as Chairman in 1995 and

1996.

Presently, Dr. Martinez is an

eye

clinic consultant with

the Colorado

Mental Health

Institute

of

Pueblo

since

May

1969.

Dr. Martinez holds

aMaster of

Public Health

Degree from the

University

ofWashington s

School

ofPublic Health/Community

Medicine, Doctor

of

Optometry

Degree

from the

Southern

California College ofOptometry,

and

aBachelorofArts Degree

from

Adams State College. Dr.

Martinez also completed programs at

Harvard

University John F. Kennedy School

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

Commissioner, his credits include: 1989 Adams State College Outstanding Alumnus

Achievement, September 1984 Beautiful Puebloan, 1977/1990 Colorado Optometric

Association's Distinguished Professional Service, 1981 Colorado Optometric Associations'

Optometrist, 1985 Pueblo Latino Chamber of CommerceBusinessman, Adams State College

Who's Who Among Students in American Universities/Colleges, and the 1994 Special

Recognition and 1979 Service Recognition from Pueblo County and the University of Southern

Colorado respectively.

Dr. Martinez was reappointed May 24,2002.

DANIEL L MIRAFLOR was born and raised in Philadelphia, Pennsylvania. In

1984,Mr. Miraflor received a Bachelor

of

Science Degree in Criminal Justice from Kutztown

(Pa) University. He attended the University

of

Colorado at Denver and received a Master

of

Criminal Justice Degree in 1992. In 1997, he enrolled at theUniversity of Colorado

School

of

Law and graduated with a Juris Doctorate Degree in the year 2000.

Mr.

Miraflor was appointed to the

Colorado State

Board

of Parole onJuly 1,

2001.

Priorto his

appointment

he

served

asDeputy Counsel toGovernor

Bill

Owens for

approximately

one year.

TheDenver Police Departmenthired him in

1991

as a patrol officer and he served in that

capacity until 1997. At that time heenrolled in

law school

full

time.

Hisprofessional career

began in 1986 with a four-year term

of

service in the United States Air Force.

SHARONBARTLETT-WALKER was appointed to the Colorado State Boardof

Parole

effective September

16,

1999.

Sharon

is a

Colorado native with

aBachelor s

Degree

from

Colorado State University.

Ms. Bartlett-Walker

began hercareer in corrections in

May

1973, working as both a Parole

Officer and a

Community Program

Agent in the

Denver area

and on the Western

Slope

of

Colorado.

Ms. Bartlett was reappointed May 24, 2002.

ALLANF ST NLEY is a native ofColorado, born,

raised,

and educated in the

Denver

metropolitan

area.

Allan received a

Master

ofPublic

Administration degree

from

the

University ofDenver andhisBachelor ofScience Degree inCriminal

Justice

and

Law

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COLORADO

STATE BOARD OF

PAROLE

MISS ION STATEMENT

THE BOARD OF PAROLE

IS AN

INTEGRAL PART OF THE CRIMINAL JUSTICE

SYSTEM OF

THE

STATE OF COLORADO.

STATUTORY

AUTHORITY FOR

THE

BOARD ISCONTAINED IN

COLORADO REVISED STATUTES

SECTION

17-2-201

et

seq.

(1986).

Toprotect the public safetyby utilizing the criteriaset forth in the statutes, the risk

assessment guidelines, all pertinent data,

and

an interview withthe

applicant.

Touse

agency

and community

resources

as a bridge tohelpparolees

reach self-

sufficiency, reintegration

into the

community,

and stable

citizenship.

To return to prison those

who

show

they

will notbelawabiding.

To use the full range of executive

authority,

in

order

toaccentuate

equality,

fairness, and

justice for all under the jurisdiction of the State Board ofParole.

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HISTORY OF

THE BOARD

OF

PAROLE

EXCERPTS

FROM

T HE F IR ST

COLORADO PAROLE LAW

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

Be it enacted by the General Assembly

of

the State ofColorado:

When a convict is sentenced tothe

State Penitentiary...the court imposing

thesentence

shall not

fix a definite term

of

imprisonment, but shall establish a maximum and minimum term which

said convict maybe held in said prison.

The Governor

shall have authority, under

such rules and

regulations

as he may

prescribe, to

issue

a paroleor 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

theCommissioners of the Penitentiary...

The

paroled convict

who

may, upon

the

order

ofthe Governor, be

returned

to the penitentiary,

shall be retained therein

according

to the terms ofhis original

sentence...

This act

shall not

be

construed in any sense to operate as a

discharge

ofany convict

paroled

underits provisions, but simplya permit...

Colorado StatePenitentiary

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 were

granted

by the

Governor,

usually

on

the recommendation

ofthe wardens of

the prison or

reformatory

After 1949 some supervision was maintained

over

parolees

by

county

sheriffs or other

local

officials,

under

the

direction ofthe

Attorney

General s office.

Parolees

were required to sendperiodic mail

reports

to thewardens.

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EXCERPTS

FROM THE 1987 L W

RECRE TING THE

C O L O R D O

BO RD O F P R OL E

17-2-201. State board of parole (l)(a) There is hereby created a state board ofparole, referred to

in this part 2 as the  board, which shall consistof 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 requiredby section 17-22.5-404, or failure to regularly attendmeetingsas

determinedby the governor. Final convictionsof a felonyduring the term

of

officeof a board

membershall automaticallyresult in the disqualification

of

the memberfrom further service on

the board. The boardshallbe composed of tworepresentatives

from

law enforcement, one

formerparole or probation officer, and four citizen representative. The members of the board

shall

have

knowledge

of

parole,

rehabilitation,

correctional

administration, the

functioning

of the

criminal

justice

system,

and

the

issues associated with victims ofcrime. The

three

designated

members of theboard shall each have at

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 involving moral turpitude orwho hasany financial interests

which

conflict

with the duties ofamember of

the

parole board

shall

be eligible for appointment. (B) The

parole

board

in existence

prior

to

July

1,

1987

isabolished on

July

1, 1987.

The

governor

shall appoint

a

new

parole

board

pursuant to this section, two members ofwhich shall be

appointed for

terms

of three years, two members ofwhich shall beappointed for terms of two years, and

one

member

ofwhich shall be appointed for a term

of

one year...

ColoradoRevisedStatutes 17-2-201(1986)

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BOARD OF

PAROLE

RESPONSIBILITIES

TO T H E C IT IZ ENS OF COLORADO

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 usearrestandParole revocation authority

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

processes

TO T HE VICTIMS

Towelcome and consider views and information from crimevictimsand their families, and to

respond positively to their requests for information and notification.

TO

THE

BOARD OF PAROLE

EMPLOYEES

To

provide leadership, training,

and resources

to effectively perform all jobs, and toprovide

opportunities

forjob growth forthe

retention

of

knowledgeable

and

experienced

men and

women

TO TH E

OFFENDERS

To consider

for

release

each

offender as an individual,

using

one

set

ofproven standards

regardless

of

where in Colorado the case originated,

and

to provide realistic parole conditions.

TO THE

JUDICIAL SYSTEM

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

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STATUTORY CONDIT IONS

OF

PAROLE

Each parolee agrees in writing to abide by 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 changehis/her place

of

residence without the consent

ofhis/her parole officer, and shall not leave the areaparoled to or the state without

permission

of

the parole officer.

3. Thie parolee must obey

all

state

and

federal laws, as well as municipal ordinances. The

parolee must follow the directivesof his/her paroleofficer at all times.

4. The parolee must make written

and

personal reports

asdirected byhis/her parole

officer,

aswell as permitvisits to his/her

place

of

residence.

Theparolee must submitto

urinalysis or

other

tests

for

narcotics orchemical agents upon request of

his/her

parole

officer,

and must pay

for all

tests. Furthermore, the parolee must

allow

the

parole

officer

to search his/her person, placeof residence, or any premisesor automobileunderhis/her

control .

5. The

parolee

may notown orhave under

his/her

control orin

his/her custody,

firearms or

other deadly weapons.

6. The parolee may notassociate with

any

person onparole/probation orwith a criminal

record without permission ofhis/her paroleofficer.

7. The

parolee must seek

and obtain

employment or

participate

in a

full-time

educational or

vocational program

unless waived

by

his/her

parole

officer.

8 The parolee shall not abuse or use

alcoholic

beverages according to parole condition

ordered, or possessand/or use illegal drugs.

9. The parolee

shall

contact

any

delegated child

support enforcement unit with whom the

parolee may have a

child

support case, arrange and fulfill a

payment

plan to pay current

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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.

WHA T IS THE PURPOSE OF

PAROLE?

Most offenders who are

serving

prison

sentences

will eventually return to society, the concept of

parole allowsoffenders to be reintegrated into society, in a manner that providescontrol and

support for theoffender and increases the

safety

of the

public. Simply

discharging a

person

from

prisondirectly back into society, withoutsupervision benefitsneither societynor the offender

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

WHEN DOES THE PAROLE PROCESS BEGIN?

After

an offender is takenintocustody of the

Colorado

Department of Corrections, the

Time/Release Operations Division projects

the

offenders  Parole Eligibility

Date

based upon

the

Sentence Discharge

Date

and

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. The granting

or

denial

ofparole is

based on the

Actuarial Risk

Assessment Scale,

how solid

the

parole plan is,

the

offender s

success

in

programs

with the correctional

facility

as

well

asmitigating and aggravating

factors. The

parole guidelines arebutone element of

what

the

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 at discerning

theoffender's likelihood of succeeding onparole. The interview includes discussion ofthe

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WHA T A RE THE

CONDITIONS OF PAROLE?

Conditions

of

parole may include any number

of

restrictions on the freedom

of

the parolee. The

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

WHAT IF THESE COND IT IONS

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 ofparole should be modified or if the parolee should be

allowed to remain on parole, under the parole conditionspreviously stipulated.

Theparoleemay alsowaive his/her right to a revocation hearing andbe returnedto the

correctional facility without a hearing.

WHAT

IS

THE DIFFERENCE BETWEEN

PAROLE AND PROBATION?

Probation

is a judge's

order

suspending

all

or

part

ofa

prison sentence

and

in

its place allowing

a

term of supervision within the community, this is done INLIEUOF INCARCERATION. The

offender is supervised bya probation officer under the management of

the

Judicial Department,

only a judge can revoke probation.

Parole isthe

release

ofan

offender prior

tothe

expiration

ofthe

incarceration portion

of a

sentence. Theoffender is supervised bya parole officer under the

management

of theDivision of

Parole, only the Board can revoke parole.

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GLOSSARY OF

COMMON PAROLE TERMS

CASE MANAGER :

A Department

of

Corrections Employee who workswith offenderswithin a correctional facility

to further ensure their success in facility programs and while on parole. The case manager's

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

who assists the offender in the creation and verification

of

their parole plan.

DEFERRAL :

The Board's decision to deny an offender parole and hold another hearing, at a later date, within

one year inmost cases, or within three years in other limited specifiedcases.

EARNED

T IME :

Colorado lawmandates that by followingcorrectional facility rules and regulations, each

offender may earn up to ten days a monthoff their original court-imposed sentence. Therefore,

an offender mayacquire both served and earned timeagainst thedischarge of his/her sentence.

ELECTRON IC MON ITOR ING :

AnEnhancement

of

Parole Supervisionwhereparoleesare placedunder electronic surveillance

viauseof an ankletransmitter and telephone hookup to a

central

computer, whichdocuments the

movement

of

th e

offender f rom his/her residence.

FULL BOARD

REV I EW :

Cases involving a violent crime or a history of violence. The BoardMember who conducts the

offenderinterviewpresents the findings and recommendations to the Full Board. All Board

Members then vote whether ornotto grant parole. This has tobeamajority

vote

of aminimum

of four

Board

Members for offender to be paroled.

I.S.P.:

The Intensive Supervision Program which includes electronic monitoring and highly restricting

supervision of parolees warranting additional attention.

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PAROLE

AGREEMENT :

A statutory required written contract signed by a parolee and a member

of

the Board

of

Parole in

which the parolee agrees to abide by the conditionsof 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 prospective plan for residence, employment andrehabilitation programswhileon parole. The

offender submits this plan to the Board during the parole application hearing.

PAROLE V IOLAT ION :

A

failure

bytheparolee to

abide

byoneormore of the conditions of theParole

Agreement.

PAROLE WARRANT :

An

order

issued by theBoard of Parole authorizing thearrest of a parolee.

PAROLEE:

An offender released

on

Parole status.

PROBAT ION :

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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 ITUT 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 I ON :

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

a parolee to prison based on their failure to follow the conditions

of

parole.

REVOCAT ION

HEAR ING :

TheBoard of Parole hears thecomplaint of a parole violation allegedly committed bya parolee.

If theparolee is found guilty, theBoard hasthe authority to return parolee to theDepartment of

Corrections' custody,

revoke

to

County

Jailfor upto 90

days, revoke

to

Community

Corrections

for up to 180days,modifyparoleconditions, or continue parolee on parole.

SPEC IAL CONDIT ION :

A condition

of

parole that addresses specific aspects of an individual's behavior.

ST TUTORY

DISCH RGE

DATE:

The date on which the offender's court imposedsentence terminates.

SUSPENSION:

The

deferment

ofanoffender s

parole release pending

a

rescission

hearing.

TABLED

CASES :

Cases held

by

the Board

of

Parole awaiting additional information

prior to

release on parole.

p P P ppppppppppppppppppppppiPiPlPfppipppppp

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TOTAL HEARINGS BY CATEGORY

APPLICATIONS*

16294

2001 /2002

FULLBOARD**

509

INCLUDES

DEF/GRNT/WVD

^INCLUDES EARLY DISCHARGES

SUSPENSIONS

112

REVOCATIONS

5681

t PlP PPPiPllPPPlPPPPPPPPPP PlPPPPPPPPPPPPPlr

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K

APPLICATIONS PROCESSED

WAIVED/GRANTED/DEFERRED

2001 /2002

WAIVED

3788

DEFERRED

7722

INCLUDES 2745 RELEASED ON MRD

GRANTED*

4784

pippppppipppippppitpppppippppplpipllppppppip

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U

4 YEAR

COMPARISON

TOTAL HEARINGS

2

15

1

5

0

REVOCATIONS

APPLICATIONS

FULLBOARDS

SUSPENSIONS

 

1998 1999

39 4

14391

675

94

1999 2

3975

15

4 9

113

2 2 1

3512

15821

524

1 5

2 1 2 2

5681

16294

5 9

112

^REVOCATIONS

•APPLICATIONS

E3 FULLBOARDS

^ SUSPENS IONS

pppppppppppppppppppppppppppprpppp p . pp?ppp

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4

YR

COMPARISON

RELEASES

2001/2002

6000

5000

4000

3000   1

2000

1000

0

1998/1999 1999/2000

INCLUDES

MRD

RELEASES

2000/2001

2001/2002

p p p p

p p p p p p p

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Early Parole Discharge Requests

2 1 2 2

PAROLE

REGION

APPROVED

DENIED

BOULDER

 

COLOR DO

SPRINGS

3

 

DENVER

7

 

FT

COL

 

PUEBLO

9

 

WESTMINSTER

3

 

TOTAL

 

3

vrptpppppppppppppppplppppppppppppppppppppppp

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OS

MODIFICATION REQUESTS BY REGION

2001/2002

SHADED

AREAS

-

UNAVAILABLE

> 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 I p p p p p p p p p p p p p p p p

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MONTH

JULY

01

AUGUST

01

SEPTEMBER 01

OCTOBER 01

NOVEMBER 01

DECEMBER

01

J ANUARY 02

FEBRUARY 02

MARCH

02

APRIL 02

MAY

02

JUNE 02

TOTALS

MODIFICATION

REQUESTS

96

84

108

80

77

71

58

50

624

MODIFICATION

RESULTS

BY

REGION

2001/2002

DENVER

INTERSTATE

NORTHEAST

SOUTHEAST

ADD

DEL

ADD

DELETE

ADD

DELETE ADD

DELETE

29

21

14

22

17

22

38

20

25

22

22

12

10

25

23

12

18

0

10

17

11

10

13

20

183

35 10

129

53

122

43

SHADED

AREAS - UNAVA ILABLE

WESTERN TOTAL

ADD

DEL

ADD

DE L

  it

* &

\ft 7- <\ 4t

 

& (

12

77

19

70 14

92

16

59 21

62

15

51

20

35

23

38 12

40

484

140

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REVOCATION HEARINGS

BY

RESULTS

2001

- 2002

HRGS

CONT

1,126

PAROLE

CONT

852

DISMISSED

i i i i i i

WRNTS ISSUED

r s

 ••i : : :1

1,135

• i • •

REV/DOC

477

,

REV/COMM

CORR

13

REV/JAIL

57

DISCHARGED

19

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HEAR ING

TAPES COPIED

2001/2002

REQUESTED BY:

FY

98/99

FY

99/00

FY00 /01

FY

01/02

V ICT IM

7 20

52

53

I NMATE

FAM I LY

3

11

8

16

I NMATE

6

10

3

1

A T T Y

GENERA L

4 -

3

-

PAROLE D IVI SION /

DOC

3

2

-

4

OTHER(DA/PD/ATT

Y/MEDIA)

9

12

20

16

TOTAL

32

55

86

91

P P P P P P P P P P P P P P r P P P p p p p p P r P P P P P P P P P P P p P P P P

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COLORADO

BOARD

OF PAROLE

LETTERS IN

RESPONSE TO CORRESPONDENCE

Fiscal Year 2001-2002

MONTH

INMATE

INMATE

FAMILY

INMATE

ASSOC.

VICTIM

VICTIM

FAMILY

VICTIM

ASSOC.

MISC

MONTHLY

TOTALS

JULY

73

27

22

6

11

7

27

173

AUGUST

91

23

14

10

20

10

25

193

SEPT

80

26

11

12

15

6

5

155

OCT

93

29

12

7

11

5

19

176

NOV

110

30

18

10

29

33

31

261

DEC

77

25

17

8

4

7

64

202

JAN

102

38

21

5

6

3

28

203

FEB

103

42

33

15

14

1

21

229

MAR

99

37

16

17

14

5

18

206

APR

99

40

15

15

17

3

8

197

MAY

78

21

25

12

13

3

39

191

JUN

88

38

19

7

10

3

29

194

YEARLY

TOTALS

1093

376

223

124

164

86

314

2380

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COLORADO DEPARTMENT OF CORRECTIONS

PAROLE

BOARD

HEARINGS AND

DECISIONS

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The Colorado Department ofCorrections has established this report for the purpose

of

trackingColorado State Board of Parole hearings anddecisions. 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 workload activities and effects on Parole Board

staff. These differing purposes create a discrepancy between the numbers and types of parole

hearings/decisions that are reported by the Colorado Department

of

Corrections (DCIS) and the

Colorado State Board

of

Parole. Many

of

the differences are noted in the following paragraphs.

Revocat ions

TheDepartment of Corrections typically counts the final outcome of a hearing; whereas,

the ParoleBoard counts the initial decision. Thedepartment's revocationdecision reflects

the offenders' statusandmovementsas closelyas possible.

Parolees revoked to jail or revoked to communitywhere the revocation was amended to

revoke

to theDepartment of

Corrections

will be reported as

revocation

tojail or

community if the offender actually moved to these programs. Offenders revoked to

prison

who

were

never

placed

injail or

community corrections

will reflect the final

decision of revocationto prison.

Ifa

parolee,

during a

revocation

hearing, decides

to self-revoke,

the Department of

Corrections

will

enter

the hearing asa self-revocation decision; whereas, the Parole

Board

still

considers

it a

revocation

decision.

The Department

of

Corrections uses the date

of

the original hearing unless the effective

date is

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 years.

Overturned or modified revocation decisions in which

the

parolee is continued on parole,

are reported as the final outcome ofcontinued. DCIS

will

contain

the final continued on

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Miscel laneous

Re ins ta temen ts

The

Colorado

State Board

of Parole shows reinstatements as continued; whereas, the

Department

of

Corrections shows reinstatements in a separate category. Reinstatements

reflect cases where the granted releasedecisionwas suspendedand then the original

granted action is reactivated

Hearing Continued, Continued and Dismissed Actions

When a complaint is issued, a hearing date is setbythe Parole Board. If theparolee has

new charges, the Parole Boardmaycontinue the hearing multiple times until resolution is

made on the new charges. Hearings continued by the Board are tracked for workload

purposes but the Department may not report all actions as there is no effect on the

offender's time calculations at this point. In cases where the

hearing

occurs

and

the

complaint charges are dismissed, the

Board reports

a dismissed actionwhile

DCIS

will

reflect the outcome of continued [onparole]. TheBoard alsocountsthe cases

where

complaints were withdrawnandno hearing was

held.

DCISwill not reflect these actions

aswithdrawncomplaints cannot be in the offender files and theoffender does not have a

hearing before the Board.

Warran ts

Issued

The Colorado Department of

Corrections counts

all warrants

issued for

parolees

throughout the

year;

whereas,

the

Parole

Board reports

only

those

warrants issued

when a

parolee does not appear at a revocation hearing.

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COLORADO

DEPARTMENT OF

CORRECTIONS

PAROLE

BOARD

DECIS IONS

Granted

-

Ordered

-

FY02

-

DRAFT

Faci l i t i es

COLO STATE PENITENTIARY

CENTENNIAL CORR . FAC

STERLING CORR . FAC.

LIMON

CORR . FAC.

ARK. VALLEY CORR . FAC.

BUENA

V I STA CORR.

COMPLEX

BUENA

VISTA MIN CTR.

COLO. TERR . CORR. FAC.

FT .

LYONS CORR.

FAC

FREMONT CORR . FAC.

ARROWHEAD CORR .

CTR.

FOUR MILLE CORR. CTR.

PRE-RELEASE CORR. CTR.

PUEBLO

MINIMUM CTR.

TRINIDAD

CORR. FAC.

ADULT MALES AT Y.O.S.

SKYLINE CORR.

CTR.

COLORADO CORR. CTR.

DELTA CORR.

CTR.

RIFLE CORR. CENTER

COLO.CORR.ALT. PROGRAM

.

COLO.WOMEN S CORR. FAC.

DENVER WOMEN S CORR . FAC .

DENVER

REC.

DIAG. CTR.

SAN CARLOS

CORR

FAC.

BENT

COUNTY

CORR.

CTR.

HUERFANO

CNTY.

CORR . CTR .

CROWLEY CNTY.

CORR FAC.

KIT

CARSON

CNTY

CORR. FAC.

COMMUNITY

IS P

JAIL BACKLOG

 

CONTRACTS

COMMUNITY REGRESS

OTHER*

Gran t PED Grant- Set

19

15

 63

24

52

7

36

58

3

38

6

117

3

52

5

 4

53

38

  4

43

3

39

55

26

 

I

78

66

75

28

2

336

1

 

Deferred

 

26

99

1 3

2 9

3 8

3 7

 38

241

28

572

26

223

1

98

26

44

 28

68

26

116

27

85

2

52

104

E5BE5

 

242

266

267

2 3

893

6 3

 

3

  3

243

 

93.2

86 .8

85.7

89 .3

84 .6

81 .1

78.4

80.1

84.8

93.8

80 .1

63.5

25.0

62 .4

81.3

73 .3

68.8

63.6

71.0

73 .0

90.0

68.5

77 .9

65 .8

96.3

74.7

79.4

75.4

88.4

80.5

6 ̂ 9

92 .9

100.0

96.0

TOTAL

279

  4

  7

234

364

39

176

3

33

6

326

35

4

157

32

60

18 6

10 7

36 6

15 9

30

12 4

258

79

10 8

 

324

33 5

35 4

24

1,110

94 3

14

11 3

253

Ordered

67

23

45 3

76

10 9

16 3

71

10 5

14

160

72

90

1

44

1

29

58

30

12 3

37

10

35

11 6

89

 

§

78

92

98

85

21 5

15 0

 

2

p p p p p p p p p p p p p p p

IvJlrJLj

PP> P PPP P

COLORADO DEPARTMENT OF CORRECTIONS

PAROLE BOARD

DECISIONS

Facility Breakdown - FY02 - DRAFT

P P P P P P f P P

Grant-

Grant- Full

Reinstated Courtesy

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CO

Facil i t ies

COLO STATE

PENITENTIARY

CENTENNIAL CORR. FAC

STERLING CORR. FAC.

LIMON

CORR.

FAC.

ARK.

VALLEY

CORR. FAC.

BUENAVISTA CORR.

COMPLEX

BUENAVISTAMIN CTR.

COLO. TERR. CORR. FAC.

FORT LYON

CORR. FA C

FREMONT CORR.

FAC.

ARROWHEAD CORR. CTR.

FOUR

MILE CORR.

CTR.

PRE-RELEASE

CORR. CTR.

PUEBLO MINIMUM CTR.

TRINIDADCORR. FAC.

ADULT

MALES

AT

Y.O.S.

SKYLINE CORR. CTR.

COLORADO CORR. CTR.

DELTA CORR. CTR.

RIFLE CORR. CENTER

COLO.CORR.ALT. PROGRAM

COLO.WOMEN S CORR. FAC.

DENVER

WOMEN S CORR. FAC

DENVER RE C

DIAG. CTR.

SAN

CARLOS

CORR

FAC.

SUBTOTAL

BENT

COUNTY CORR. CTR.

HUERFANO

CNTY. CORR. CTR.

CROWLEY CNTY.

CORR

FAC.

KIT CARSON

CNTY

CORR.

FAC.

SUBTOTAL

COMMUNITY

IS P

SUBTOTAL

JAILBACKLOG   CONTRACTS

COMMUNITY REGRESS

REVOKED COMMUNITY

REVOKED JAIL

OTHER*

SUBTOTAL

TOTAL

PEP Set

Deferred

Board Tabled Rescinded Suspended Reinstated toParole Review Waived Ordered

5

1

4

4

2

2

2

5

11

7

1

2

5

1

2

57

4

3

12

19

6

4

10

86

19

15

163

24

52

70

36

58

3

38

60

117

3

52

5

14

53

38

104

43

3

39

55

26

4

26

99

1 3

2 9

3 8

317

138

241

28

572

261

223

1

98

26

44

128

68

26

116

27

85

2 1

52

1 4

6

9

40

10

17

19

15

17

1

24

18

35

10

3

4

15

10

35

23

6

12

1

1 94 4 869

33

78

66

75

28

247

211

336

54 7

5

49

10

65

242

29

266

16

267 29

213 5

988

893

6 3

1 496

13

113

243

369

79

28

69

97

14

12

142

2

45

47

31

44

8

4

64

87

55

6

18

44

26

85

42

4

36

65

946

7

69

74

35

248

2 9

14

223

1 953 7 722 509

1 421

10

2

9

4

2

6

5

4

1

68

24

12

1 4

10

2

9

2

1

72

18

7

10

17

112

1

78

26

521

99

214

196

45

186

2

353

87

56

31

26

55

17

57

38

58

47

111

4

60

67

23

453

76

109

163

71

105

14

160

72

9

1

44

18

29

58

30

123

37

10

35

116

89

31

2 4 3 2 24

121

99

129

98

447

652

277

929

78

92

98

85

353

215

150

365

TOT L

449

184

2 347

443

768

822

341

668

58

1 2 2

577

624

5

303

59

139

362

190

671

301

102

254

579

22

2 4

11 872

631

621

694

477

2 423

2 226

1 47

3 696

18

115

5

49

271

458

♦ O T R INCLUDES: DOI

Fugitive

Federal

Transfer Technical Parole Interstate

Compact and Misc

3,788 2,745 | 18,449

OPA GSRE

10/30/2002

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COLORADO

DEPARTMENT OF CORRECTIONS

PAROLE

BOARD DECISIONS - DRAFT

DECISION TYPE

FY98 FY99

FY00

FY01

FY02

NO .

 

NO.

  NO.

 

NO.

 

NO.  

RELEASE DECIS IONS

Granted-PED

350

3.7

253

2.8

144

1.6

154

1.6

86

0.9

Granted-Set

2,425

25.8

2,505

28.1

1,909 21.8

2,066

21.9

1,953

20.0

Deferred

6,623 70.5

6,165

69.1 6,708

76.6 7,222

76.5 7,722

79.1

SUBTOTAL

9,398

100.0

8,923 100.0 8,761

100.0

9,442

100.0

9,761

100.0

REVOCAT ION

DECIS IONS

1Continued

869 34.9 980 32.1

1,044

29.9

943

29.4

852

25.1

11-Day

Revocation

1

0.0

1

0.0

0

0.0

0

0.0

0

0.0

Self-Revoked

186

7.5

1,074

35.2

1,225

35.1

1,252

39.0

1,248

36.7

2 Revoked to Jail

225 9.0

252

8.3

148

4.2

76

2.4

57

1.7

2

Revoked

toCommunity

36 1.4

22

0.7

12

0.3 12

0.4

13

0.4

Revoked

1,170

47.0

724

23.7

1,062

30.4

929

28.9

1,229

36.2

SUBTOTAL

2,487

100.0

3,053

100.0

3,491

100.0

3,212

100.0

3,399

100.0

MISCELLANEOUS

HEARINGS

Full Board

905

697

409

524

509

Tabled

1,585

1,653

1,219

1,590

1,421

Warrant Is sued

770

1,129

960

964

1,135

Hearing Continued

354

1,374

1,262

1,187

1,126

Discharged

1

0

0

46

19

Rescinded

44

97

97

84

104

Suspended

78

98

11 3

104

11 2

Reinstated

16

7

3

8

4

Reinstated

to Parole

0

0

0

0

1

Dismissed

24

106

0

0

2

Courtesy Review

2

8

5

5

4

Cooper/Martin Reviews

0

0

0

19

0

SUBTOTAL

3,779

5,169

4,068

4,531

4,437

NO

DECISION

Waived

3,376

3,600

4,084

4,206

3,788

Ordered

1,284

1,595

2,155

2,180

2,745

SUBTOTAL

4,660

5,195

6,239

P p p p p

> P P P P P P r p P p p P P P P P P r P P p P r r P P P P r p t p P »

Page 34: 2001-02 Parole Board Annual Report.reduced

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COLORADO DEPARTMENT

OF

CORRECTIONS

PAROLE

BOARD

REVOCATION DECISIONS

Parole

Breakdown

-

FY02

- DRAFT

♦ e v o c t i o n

decisions do not include all continued and 1-day revocations. The numbers reflect only those decisions entered into DCIS

**Four revocations

tocommunity  2) and jail (2) were

later modified resulting

in

revocation

to

DOC.

Office of Planning and

Analysis

GSRE -10/31/2002