(1) There shall be a presumption, subject to the final discretion of the parole board, in favor of granting parole to an inmate who has reached his or her parole eligibility date and who:
Is serving a sentence for which the controlling term of incarceration is based on afelony possession or use offense described in section 18-18-404, or section 18-18-405, C.R.S., as it existed prior to August 11, 2010;
Has not incurred a class I code of penal discipline violation within the last twelvemonths or a class II code of penal discipline violation within the last three months;
Is program-compliant;
Was not convicted of, and has not previously been convicted of, a felony crime described in section 18-3-303, 18-3-305, 18-3-306, or 18-6-701; sections 18-7-402 to 18-7-407; or section 18-12-102 or 18-12-109, C.R.S.; or a felony crime listed in section 24-4.1-302 (1), C.R.S.; and
Does not have an active felony or immigration detainer.
Notwithstanding any provision of law to the contrary, an inmate who is eligible forthe presumption in subsection (1) of this section shall have a parole release hearing within ninety days after becoming eligible for the presumption in subsection (1) of this section.
If the parole board grants parole to an inmate pursuant to subsection (1) of this section, the parole board shall require as a condition of parole that the parolee participate in substance abuse treatment consistent with the assessed treatment need of the parolee.
Repealed.
Nothing in this section shall be construed to limit the discretion of the parole board inconsidering the statutory release guidelines in section 17-22.5-404 or the administrative release guidelines developed pursuant to section 17-22.5-107 (1) in making a decision regarding an inmate's application for release to parole.
Source: L. 2011: Entire section added, (HB 11-1064), ch. 234, p. 1009, § 1, effective May 27.
Editor's note: Subsection (4)(b) provided for the repeal of subsection (4), effective February 1, 2016. (See L. 2011, p. 1010.)