First Regular Session
Sixty-first General Assembly
LLS NO. 970563.01D DFH
SENATE BILL 97200
STATE OF COLORADO
BY SENATOR Chlouber;
also REPRESENTATIVE Smith. REENGROSSED
A BILL FOR AN ACT
CONCERNING THE STATE BOARD OF PAROLE, AND MAKING
AN APPROPRIATION IN CONNECTION THEREWITH.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
Adds the equivalent of 2 fulltime members to the state board of parole. Increases the number of terms a member of the board may serve from 3 to 4. Corrects the termination date for one of the terms on the board.
Authorizes the board to deny parole to an offender
who is scheduled to be discharged pursuant to law if the offender
has not agreed to conditions of parole or has been convicted of
a violation of the code of penal discipline after the mandatory
release date has been set.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 172201 (1) (a), (1) (b), and (1) (c), Colorado Revised Statutes, 1986 Repl. Vol., as amended, are amended, and the said 172201 (1) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:
172201. State board of
parole. (1) (a) There
is hereby created a state board of parole, referred to in this
part 2 as the "board", which shall consist of seven
REGULAR FULLTIME members AND ADDITIONAL MEMBERS CONSTITUTING
THE EQUIVALENT OF TWO FULLTIME MEMBERS. The members of
the board shall be appointed by the governor and confirmed by
THE REGULAR FULLTIME MEMBERS 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 1722.5404, or failure to regularly
attend meetings as determined by the governor. Final conviction
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 the board. The REGULAR FULLTIME MEMBERS
OF THE board shall be composed of two representatives from law
enforcement, one former parole or probation officer, and four
citizen representatives. IN MAKING THE APPOINTMENTS FOR THE ADDITIONAL
MEMBERS, THE GOVERNOR MAY APPOINT UP TO FOUR PARTTIME MEMBERS
WHO SHALL BE LAW ENFORCEMENT REPRESENTATIVES AND CITIZEN REPRESENTATIVES.
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 of crime. The
three designated members of the board shall each have at least
five years' education or experience, or a combination thereof,
in their respective fields. No person who has been convicted
of a felony or of a misdemeanor involving moral turpitude or who
has any financial interests which conflict with the duties of
a member of the parole board shall be eligible for appointment.
(b) The parole board in existence prior
to July 1, 1987, is abolished on July 1, 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
of which shall be appointed for a term of one year. Thereafter,
members shall be appointed for terms of three years. If a member
is appointed during a period of time in which the general assembly
is not in session, that member shall serve on a temporary basis
until the general assembly next convenes. No member shall serve
FOUR consecutive full threeyear terms after the initial
term. Any person who is appointed to fill a vacancy on the board
and who serves at least onehalf of the term of office shall
be considered to have served a full term in the office for purposes
of this section.
(c) The parole board in existence prior
to July 1, 1990, shall be expanded to seven members on July 1,
1990. The governor shall appoint an additional law enforcement
representative and an additional citizen representative to the
board, one for a term of two years to expire on July 1, 1992,
and one for a term of three years to expire on
JUNE 30, 1993. Thereafter, such members
shall be appointed for terms of three years and shall serve no
more than two
THREE consecutive full threeyear terms after the initial
(c.5) THE PAROLE BOARD IN EXISTENCE PRIOR TO JULY 1, 1997, SHALL BE EXPANDED ON JULY 1, 1997, TO INCLUDE ADDITIONAL MEMBERS CONSTITUTING THE EQUIVALENT OF TWO FULLTIME MEMBERS. THE GOVERNOR SHALL APPOINT THE PERSON OR PERSONS WHO SERVE AS THE EQUIVALENT OF ONE FULLTIME MEMBER REPRESENTING LAW ENFORCEMENT FOR A TERM OF TWO YEARS TO EXPIRE ON JUNE 30, 1999. THE GOVERNOR SHALL APPOINT THE PERSON OR PERSONS WHO SERVE AS THE EQUIVALENT OF THE OTHER FULLTIME MEMBER AS A CITIZEN REPRESENTATIVE FOR A TERM OF THREE YEARS TO EXPIRE ON JUNE 30, 2000. THEREAFTER, SUCH MEMBERS SHALL BE APPOINTED FOR TERMS OF THREE YEARS AND SHALL SERVE NO MORE THAN THREE CONSECUTIVE FULL THREEYEAR TERMS AFTER THE INITIAL TERM.
SECTION 2. 1722.5403, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
1722.5403. Parole eligibility. (7.5) FOR ANY OFFENDER WHO IS INCARCERATED FOR AN OFFENSE COMMITTED ON OR AFTER JULY 1, 1993, AND WHO IS NOT GRANTED PAROLE PURSUANT TO SUBSECTION (7) OF THIS SECTION BUT WHO IS SCHEDULED TO BE PLACED ON PAROLE AFTER BEING DISCHARGED PURSUANT TO LAW, THE STATE BOARD OF PAROLE MAY DENY PAROLE IF THE OFFENDER HAS NOT SIGNED A WRITTEN AGREEMENT CONTAINING THE CONDITIONS OF THE OFFENDER=S PAROLE BEFORE THE DATE ON WHICH THE OFFENDER IS SCHEDULED TO BE RELEASED.
SECTION 3. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of moneys in the general fund not otherwise appropriated, to the department of corrections, parole board, for the fiscal year beginning July 1, 1997, the sum of one hundred seventy-six thousand nine hundred thirty-seven dollars ($176,937) and 2.0 FTE, or so much thereof as may be necessary, for the implementation of this act.
SECTION 4. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.