Parole is granted to any person who is released from The Department of Corrections (DOC or prison) on a felony conviction. The length of parole depends on the level of felony committed. If or when you are paroled from DOC, you remain in their custody while in the community and are supervised by a parole officer (PO). If you are alleged to have violated your parole, you are entitled to a hearing in front of the Parole Board, not a judge.

Revocation hearings are held to determine whether parole should be revoked and whether the parolee should be returned to a DOC facility. A revocation hearing is conducted either by a single member of the Parole Board or by an Administrative Hearings Officer (AHO). The single board member or AHO conducting the hearing also makes the decision to revoke or not.

In some cases, PO’s have discretion to decide how to proceed after a suspected parole violation while in other cases they do not. When discretion is given, administrative regulations require the PO to meet with a supervisor to decide on a response. Pursuant to administrative regulations of the DOC, revocation complaints filed by POs are either mandatory or discretionary. When a parolee commits certain offenses, the PO is required to file a complaint to begin revocation proceedings (this does not mean the offender’s parole is required to be revoked). For other offenses, the PO uses discretion in deciding whether to begin revocation proceedings.

Mandatory Complaint Offenses

Mandatory complaint offenses include the following:

• possession or use of a firearm or deadly weapon;
• an arrest and charge for any felony;
• an arrest and charge for a crime of violence as defined in Section 16-1-104 (8.5), C.R.S.;
• an arrest and charge for a misdemeanor assault involving a deadly weapon or resulting in bodily injury to the victim;
• an arrest and charge for unlawful sexual contact;
• refusal to submit to urinalysis to determine the presence of drugs or alcohol;
• an arrest and charge or conviction for any municipal offense, involving assaultive offenses, against the person;
• failure to make an initial report to a CPO upon release to parole supervision;
• refusal to allow a search of his or her person, residence, or premises or vehicle under his or her control;
• leaving the state without lawful permission;
• being found within the boundaries of a county which is not the parolee’s residence of record, and where a correctional facility is located;
• being found within the boundaries of a county which is not the parolee’s residence of record, and within the boundaries of state property; and
• absconding from parole supervision.

Discretionary Complaint Offenses

• technical parole violations such as failure to file a change of address, refusing to allow a search, or refusing to comply with a special condition of supervision; and
• a positive test for the presence of drugs or alcohol. In making a decision to file or not to file a complaint for a parole violation, CPOs are required to consult with a supervisor and to consider several factors:
• public safety;
• the current offense;
• prior arrest or technical parole violations during the current period of parole supervision;
• history of prior parole/probation failures;
• pattern of repetitive criminal behavior;
• history of alcohol/drug use and dependency;
• likelihood of a positive response to counseling/treatment for the observed behavior problems;
• availability of appropriate community treatment resources; and
• the use and/or availability of intermediate sanctions.

Consequences of Parole Revocation

If the board determines that the parolee violated conditions of parole, the board can:

• revoke parole,
• continue parole, or
• modify the conditions of parole.

DO NOT DO THIS ALONE.

Your freedom is at stake, and you need a top Colorado Parole violation defense attorney on your side fighting for you.  The consequences are too great.  Call Beck Law immediately.