8 CCR 1511-1-14.00 - Appeal of Parole Revocation

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

A. An appeal of the decision to revoke Parole must be filed within 30 days of the decision. [§ 17- 2-201(9)(c), C.R.S.]

B. The Parolee shall remain in custody pending the appeal. [§ 17-2-201(9)(c), C.R.S.]

C. Two Members of the Board, excluding a Board Member who conducted the revocation proceeding, shall review the record within 15 working days after the filing of the appeal.

D. The Board Members shall notify the Parolee of their decision in writing within 10 working days after such decision has been made. [§ 17-2-201(9)(c), C.R.S.]

E. If an appeal of the decision to revoke Parole is filed, the standards for appeal shall be based on one or more of the following:

(1) Irregularity in the proceedings by which any Inmate was prevented from having a fair Revocation Hearing;

(2) An abuse of discretion or misconduct by the person who conducted the Revocation Hearing;

(3) An arbitrary and capricious decision by the person who conducted the Revocation Hearing;

(4) Accident or surprise, which ordinary prudence could not have guarded against;

(5) Newly-discovered evidence;

(6) Error or change in law; or

(7) Discharge of sentence.

F. The Board at its discretion may grant a new Hearing.

G. Judicial review of a Parole revocation shall be held pursuant to § 18-1-410(1)(h), C.R.S.

Notes

8 CCR 1511-1-14.00