8 CCR 1511-1-1.00 - Definitions

Current through Register Vol. 45, No. 6, March 25, 2022

"Administrative Head" - the chief executive officer for a facility, center, division, office or unit of the CDoC organization or community corrections or its designee.

"Application Interview" - an interview of an Inmate eligible for Parole, convened to consider the Inmate's parole application and to determine conditions of parole. The Parole Application Interview shall be a face-to-face interview, a live telecommunication interview, or a telephonic interview at the discretion of the Board.

"Board" - the State Board of Parole, created pursuant to § 17-2-101(1), C.R.S. For purposes of these rules, reference to the "Board" includes a Member of the Parole Board acting on behalf of the Board.

"Case Manager" - an individual employed by the CDoC responsible for direct involvement with Offenders and ensuring an ongoing process of case monitoring, case recording, counseling, and guidance.

"Chairperson" - the Chairperson of the Board appointed by the Governor of the State of Colorado pursuant to § 17-2-201(2), C.R.S.

"CDoC" - the Colorado Department of Corrections.

"Complaint" - a formal document containing allegations of a violation of one or more conditions of Parole.

"Correctional Facility" - any Colorado Department of Corrections facility or institution, including but not limited to a prison, a private correctional facility or community corrections facility under contract with the CDoC, or the location of an Inmate placed in intensive supervision parole Inmate ("ISPI").

C.R.S." - Colorado Revised Statutes.

"Discretionary Parole" - at the discretion of the Board, the release of an Inmate who has met his or her Parole Eligibility Date but not yet met his or her Mandatory Release Date, and is returned to the community subject to conditions imposed by the Board, and subject to the custody of the Division of Parole and jurisdiction of the Board.

"Division" - the Division of Adult Parole, Community Corrections, and Youthful Offender Services of the Colorado Department of Corrections.

"Executive Director" - the Executive Director of the CDoC pursuant to § 17-1-105 , C.R.S.

"Executive Session" - as defined in § 24-6-402(2), C.R.S.

"Full Board Review" - a meeting of the Board convened to consider all cases involving a violent crime, history of violence or propensity for violence and all other matters recommended for Full Board Review by Board Member(s) who conduct the parole Application Interview Hearing.

"Hearings" - Application Interviews, Full Board Reviews, Probable Cause Hearings, Rescission Hearings, Revocation Hearings and SVP Designation Hearings.

"Inmate" - a person sentenced to or in the custody of the CDoC; also referred to herein as an "Offender."

"Mandatory Parole" - the Release of an Inmate who was sentenced to one or more terms of imprisonment, has met his or her statutory Mandatory Release Date, and is returned to the community subject to conditions imposed by the Board, and subject to the custody of the Division of Parole and jurisdiction of the Board.

"Mandatory Release Date (MRD)" - Parole Release date over which the Board has no discretion that mandates an Inmate's Release to Parole.

"Member" - a Member of the State Board of Parole appointed by the Governor of the State of Colorado pursuant to § 17-2-201(1), C.R.S.

"Parole"- the conditional Release of an Inmate from prison pursuant to certain terms and for a determinate period of time, before the full sentence has been served, where the Inmate is determined to be eligible pursuant to § 17-22.5-403 , C.R.S., and where the purpose conforms to § 17-22.5-102.5 , C.R.S.

"Parolee" - an Inmate transferred to the jurisdiction of the Board.

"Parole Eligibility Date (PED)" - The earliest possible Parole Release date, which is established by length of sentence, computation of time served, good time credits earned and/or lost, and governed by statute as calculated by CDoC's offender time/release operations. PED reflects the first date for which an Inmate is eligible to make initial Parole application.

"Probable Cause Hearing" - a Hearing held pursuant to § 17-2-103(2)(a), C.R.S. relating to the revocation of parole.

"Release" - the physical departure of an Inmate from the facility in which the Inmate is housed on the effective date of Parole.

"Rescission Hearing" - a Hearing held by a single Member of the Board prior to Parole to determine whether the decision granting Parole should be rescinded for cause.

"Revocation Hearing" - a Hearing held on a Complaint held to determine whether Parole should be revoked and whether the Parolee should be returned to a CDoC facility.

"Special Needs Parole" - a Parole granted to a special needs Offender prior to the Offender's Parole Eligibility Date. A special needs Offender is an Inmate in the custody of the CDoC who, based on his or her condition and a medical evaluation, is determined to have special needs, does not constitute a threat to public safety and is not likely to commit an offense.

"SVP Designation Hearing" - a Hearing held pursuant to § 18-3-414.5(3), C.R.S. wherein the Board shall make specific findings concerning whether the Offender is a sexually violent predator, based on the results of a sexually violent predator assessment.

"Suspension" - the deferment of an Offender's Parole Release pending a Rescission Hearing.

"Vice Chairperson" - the Vice Chairperson of the State Board of Parole appointed by the Governor of the State of Colorado.

"Victim" - any natural person against whom any crime has been perpetrated or attempted unless the person is accountable for the crime or a crime arising from the same conduct, criminal episode, or plan as the crime is defined under the laws of the State or of the United States, or if such person is deceased or incapacitated, the person's spouse, parent, child, sibling, grandparent, grandchild, significant other or other lawful representative. See § 24-4.1-102 and § 24-4.1-302(5), C.R.S.

Notes

8 CCR 1511-1-1.00

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