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Mandatory parole is the period of required supervision that everyone who gets released from a Colorado prison has to serve. It is a way for the state to release prisoners while keeping tabs on them and holding them to high standards. At the end of the mandatory parole period, the person will hopefully be fully adjusted to the outside world and following a law-abiding life.
Depending on the type of Colorado felony the inmate was convicted of, mandatory parole can last either one to five years:
Colorado felony | Mandatory parole period |
Class 2 | 5 years |
Class 3 | 5 years |
Class 4 | 3 years |
Class 5 | 2 years |
Class 6 | 1 year |
Level 1 drug | 3 years |
Level 2 drug | 2 years |
Level 3 drug | 1 year |
Level 4 drug | 1 year |
There is no way for inmates to get out of the requirement to serve mandatory parole, even if the inmate had a perfect behavioral record. Also note that there is currently a movement among some lawmakers to reduce the period of mandatory parole from five to three years in some cases.
After people get released on mandatory parole, they have to abide by several conditions. These are tailored to each person, but they may include:
If law enforcement suspects that a person violated the terms of release, they will arrest the person pending a Colorado parole revocation hearing.
A parole revocation hearing looks similar to a trial, except the issue is whether the parolee violated the terms of his/her parole. Also, revocation hearings have looser evidentiary standards than criminal trials: Nearly all evidence is admissible.
Additionally, the prosecution does not have to prove beyond a reasonable doubt that the parolee broke the rules. Instead, the prosecution’s burden of proof is only by a preponderance of the evidence, which is legalese for “more likely than not.”
During the hearing, the parolee has the right to testify. Meanwhile, the parolee (or his/her lawyer) may:
If the Board after the hearing determines that the person indeed violated parole, the Board will either:
Parolees have 30 days after the hearing to appeal the Board’s decision to revoke parole. During this time, the parolee remains incarcerated.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
