(1) The department shall develop and implement a specialized program for offenders who have been sentenced to an adult prison for a felony offense committed while the offender was less than eighteen years of age as a result of the filing of criminal charges by an information or indictment pursuant to section 19-2-517, C.R.S., or the transfer of proceedings to the district court pursuant to section 19-2-518, C.R.S., or pursuant to either of these sections as they existed prior to their repeal and reenactment, with amendments, by House Bill 96-1005, and who are determined to be appropriate for placement in the specialized program. The department shall implement the specialized program within or in conjunction with a facility operated by, or under contract with, the department.
The specialized program must include components that allow an offender to experience placement with more independence in daily life, with additional work-related responsibilities and other program components that will assist and support the offender's successful reintegration into the community of offenders who have never lived independently or functioned in the community as an adult. The specialized program must also include best and promising practices in independent living skills development, reentry services for long-term offenders, and intensive supervision and monitoring.
The department shall not allow any participating offender to complete the specializedprogram in less than three years.
The department may make restorative justice practices, as defined in section 18-1901 (3)(o.5), C.R.S., available to any victim of any offender who petitions for placement in the specialized program, as may be appropriate, but only if requested by the victim and the victim has registered with the department of corrections requesting notice of victims' rights pursuant to the provisions of part 3 of article 4.1 of title 24, C.R.S.
Repealed.
(a) The department shall include in the specialized program rules of conduct for program participants and a policy whereby program participants who fail to comply with the rules of conduct are terminated from participation in the specialized program and returned to an appropriate prison placement.
(b) An offender who is terminated from the specialized program may not re-petition for placement in the specialized program sooner than three years from the date of such termination.
Notwithstanding any provision of law, an offender who successfully completes thespecialized program is eligible to apply for early parole pursuant to the provisions of section 1722.5-403 (4.5) or 17-22.5-403.7.
(a) Except as described in paragraph (b) of this subsection (8), if an offender has served at least twenty-five calendar years of his or her sentence and successfully completed the specialized program, unless rebutted by relevant evidence, it is presumed that:
The offender has met the factual burden of presenting extraordinary mitigating circumstances; and
The offender's release to early parole is compatible with the safety and welfare ofsociety.
(b) If an offender who committed murder in the first degree, as described in section 183-102 (1)(a), (1)(c), (1)(e), or (1)(f), C.R.S., has served thirty years of his or her sentence and successfully completed the program, unless rebutted by relevant evidence, the presumptions described in subparagraphs (I) and (II) of paragraph (a) of this subsection (8) apply.
(9) On and after January 1, 2018, during its annual presentation before the joint judiciary committee of the general assembly, or any successor joint committee, pursuant to section 2-7203, C.R.S., the department shall include a status report regarding the progress and outcomes of the specialized program developed and implemented by the department pursuant to this section during the preceding year. The report, at a minimum, shall include:
A description of the specialized program, including the evidence-based and promising practices that are included in the specialized program;
The policies and procedures developed by the department to determine which eligible offenders may be placed in the specialized program;
The policies and procedures developed by the department to address the conduct ofparticipants in the specialized program;
The location of the program and the number of beds available for specialized program participants;
The number of offenders selected to participate in the specialized program; the number of offenders who were denied placement in the specialized program, including the reasons for such denials; and the number of offenders who were removed from the specialized program and the reasons for their removal;
A summary concerning the staffing of the specialized program;
Information concerning the behavior patterns of the offenders in the specialized program;
The number of offenders who successfully completed the specialized program;
The number of specialized program participants who have been referred to the paroleboard for early parole; and
The number of specialized program participants who were granted early parole by thegovernor.
Source: L. 2016: Entire article added, (SB 16-180), ch. 352, p. 1441, § 2, effective August 10.
Editor's note: Subsection (5)(b) provided for the repeal of subsection (5), effective
December 1, 2017. (See L. 2016, p. 1441.)