ADMINISTRATIVE REGULATION
REGULATION NUMBER
PAGE NUMBER
950-07
1 OF 5
CHAPTER:
Offender Records
SUBJECT:
Sentence Computation
COLORADO DEPARTMENT OF CORRECTIONS
RELATED STANDARDS: ACA Standards
2-CO-1E-05 and 4-4097
OPR: OOS
I.
EFFECTIVE DATE:
January 15, 2015
SUPERSESSION:
02/01/12
REVIEW MONTH: October
Rick Raemisch
Executive Director
POLICY
It is the policy of the Department of Corrections (DOC) to accurately compute and record offenders’ sentences in
conformance with applicable statutes and regulations. [2-CO-1E-05] [4-4097]
II. PURPOSE
This administrative regulation (AR) establishes the roles, responsibilities, and authority of DOC employees related to the
accurate computed and recorded time computation of DOC offenders.
III. DEFINITIONS
A. DOC Employee: Someone who occupies a classified, full or part-time position in the State Personnel System (Including
management and at will positions) in which the Department has affect over pay, tenure, and status.
B. Electronic Mittimus: Sentencing order from the court submitted electronically through CICJIS.
C. Jail Backlog: Offenders who have been sentenced to the Department of Corrections, have been issued DOC numbers,
and are waiting in a County Jail to be delivered to the Department of Corrections.
D. Jail Credit: Good time on jail time (see definition for Presentence Confinement Credit).
E. Jail Time: The time spent by an offender in presentence confinement (see definition for Presentence Confinement
Credit).
F.
Mandatory Parole Date/Mandatory Release Date (MPD/MRD): The date on which an offender must be released to
mandatory parole if he/she has not been granted discretionary parole.
G. Mandatory Re-parole Date (MRP): The date on which a revoked parolee finishes his short-term revocation and is reparoled.
H. Mittimus: A sentencing order from the court.
I.
Null Time: Any time that is not credited as time served.
CHAPTER
SUBJECT
Offender Records
Sentence Computation
J.
AR #
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EFFECTIVE
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Offender: Any individual under the supervision of the Colorado Department of Corrections (CDOC) to include inmates,
parolees, community correction clients (ISP-i), interstate compact individuals, and individuals sentenced to the Youthful
Offender System.
K. Parole Board Mittimus: The document issued by the Parole Board ordering the modification, continuance, or revocation
of parole status for a violation of a condition(s) of parole.
L. Parole Eligibility Date (PED): The date which an offender is eligible to be considered for a discretionary release to
parole.
M. Presentence Confinement Credit (PSCC): Time spent in jail prior to the sentencing date/sentence effective date.
N. Sentence Discharge Date (SDD): The date a sentence or combination of sentences is complete, including all components
of the sentence (e.g, incarceration component and mandatory parole component).
O. Sentence Effective Date (SED): The date used to begin sentence calculation.
IV. PROCEDURES
A. At the time offender is added to DOC’s jail backlog pending delivery to the diagnostic unit, a Timecomp Analyst will
perform a comprehensive evaluation of sentence(s) ordered by reviewing mittimuses/electronic mittimuses to ensure time
computation reflects the correct sentence for the correct offender, and appropriately reflects concurrent or consecutive
sentences as ordered. Each offender’s sentences will be computed pursuant to statute and policy.
B. If more than one DOC sentence is ordered by the court, or more than one mittimus is received, for an individual offender,
a Timecomp Analyst will evaluate to ensure that the mittimus reflects concurrent or consecutive sentences. In the
absence of an order to run multiple sentences concurrent or consecutive, the analyst will contact the court to ask for
clarification, pursuant to CRS 17-22.5-307. The analyst will ask for clarification of any other possible problems on the
mittimus, in order to ensure the order of the court is enforced as intended. Pursuant to CRS 17-22.5-307, until
clarification of the mittimus is obtained from the court, no determination of eligibility dates for parole or mandatory
parole release will be made.
C. After an offender is delivered to the diagnostic unit, a different Timecomp Analyst will again evaluate the sentence(s)
ordered to ensure time computation reflects the correct sentence for the correct offender, and appropriately reflects
concurrent or consecutive sentences as ordered; computation of sentence(s) will be pursuant to statute and policy. Any
corrections or additions will be made at this time.
D. Upon receipt of any amended or additional mittimuses, a Timecomp Analyst will perform a comprehensive evaluation of
the offender’s sentencing record for the current incarceration to ensure the sentences are computed as ordered by the
court, according to statute and policy.
E. Computations shall be accomplished pursuant to the Time Computation Manual and reported by the administrator of
Offender Time/Release Operations, or designee, through the Office of Offender Services. (Manual can be found on the Q
drive under the HQ Case MGT directory in the Manuals folder.)
F.
Upon addition to jail backlog, an offender’s projected eligibility dates for parole and mandatory parole/mandatory
release or sentence discharge will be calculated using the sentencing documents from the district court and in
compliance with applicable provisions of Colorado Revised Statutes to determine the amount of applicable good
time and earned time.
G. Updates to offenders’ projected eligibility dates for parole and mandatory parole/mandatory release or sentence
discharge will be re-calculated as necessary, taking into account earned time granted, good time forfeited, applicable
CHAPTER
SUBJECT
Offender Records
Sentence Computation
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null time, decision of the Parole Board and amended sentencing orders from the district court.
H. In all calculations, compliance with the sentencing court’s orders will be of high consideration, second only to the
requirements of the Colorado Revised Statutes. When conflict exists between the court’s order and Colorado
Revised Statutes, Time/Release Operations will comply with the statutes unless the court issues a direct order in
violation of the statutes. When conflict exists between two statutes, Time/Release will make every effort to
harmonize the conflicting statutes, imposing the most current statutes to the calculations, and providing rule of lenity
when possible without compromising the requirements of the statutes.
I.
Reporting
1.
Credits and Losses: Earned time will be entered by the case manager of record, in compliance with AR 550-12,
“Earned Time” through the automated earned time system by the 10th of the month following the month being
awarded. Good time withheld is automatically populated in the time system in DCIS by entry of a COPD in which
loss of good time is ordered as a sanction.
2.
Court Documents: Anyone who receives a court document that may affect the sentence of an offender must forward
the document directly and promptly to Time/Release Operations.
3.
Other Documents: Anyone who generates a DOC document, or receives a document generated by an external
agency, that may affect the term of confinement or period of parole shall promptly forward copy of such document
directly to Time/Release Operations. This shall include, but is not limited to, Parole Board warrants, parole violation
mittimus, fugitive reports, Parole Board decisions, release bond, etc.
V. RESPONSIBILITY
A. The administrator for Offender Time/Release Operations shall:
1.
Have the sole responsibility of calculating and reporting eligibility dates of parole or mandatory parole/sentence
discharge/parole termination, and dates of community eligibility, mandatory community and sentence discharge
dates for offenders sentenced to the Youthful Offender System, or designate this responsibility to DOC employees
working in the DOC’s Time/Release Operations Office under the associate director of Offender Services.
Unofficial, estimated dates will be viewable via Offender Portal and the DOC web site, and in other applications in
DCIS/PCDCIS, to assist with release planning. Official updates of time calculations will be produced at least within
six months of offender’s scheduled release or upon notification of discretionary release; official updates will be
produced when the sentencing court issues an amended mittimus.
2.
Be responsible for adding each offender to the appropriate Parole Board agenda month for his/her initial application
hearing, or designate this responsibility to DOC employees working in the DOC’s Time/Release Operations Office
under the associate director of Offender Services.
3.
Establish and update a Time Computation Procedures Manual.
4.
Have the sole responsibility of receiving and reviewing mittimuses from Colorado district courts via the Colorado
Integrated Criminal Justice Information System (CICJIS), or designate this responsibility to DOC employees
working in the DOC’s Time/Release Operations Office under the associate director of Offender Services.
(Sentencing orders produced prior to November 1, 2007 are not accepted electronically and are required to be paper
mitts bearing the judge’s signature and court seal, or certification of the court clerk, delivered to DRDC via the
sentencing county’s sheriff. The integrity and veracity of the paper mitts will be confirmed by DOC employees
working in the DOC’s Time/Release Operations Office.)
5.
Provide training to all DOC employees requiring knowledge of time computation procedures, in consultation with
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SUBJECT
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Sentence Computation
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the Training Academy associate director.
6.
Record all Parole Board decisions in DCIS, or designate this responsibility to DOC employees working in the
DOC’s Time/Release Operations Office.
7.
Process all releases to parole or discharge from a DOC state prison facility or private prison facility by reviewing
accuracy of date calculations, checking for outstanding warrants or pending cases, reviewing decisions of the Parole
Board, and producing and distributing the releasing documents (parole agreement/order, statutory discharge
certificate, Youthful Offender System statutory discharge certificate, or Ticket of Leave and Discharge certificate),
or designate this responsibility to DOC employees working in the DOC’s Time/Release Operations Office. The
release process will include authorizing the release and coordinating with Court Services to arrange pickup for
wanted offenders.
8.
Prepare and distribute release documents for offenders releasing to parole or discharge from the DOC or designate
this responsibility to DOC employees working in the DOC’s Time/Release Operations Office under the associate
director of Offender Services.
9.
Process releases by district court order (court order releases) by verifying the authenticity of electronically
transmitted mittimuses and implementing the release process described in 6, except no certificate or parole document
is produced on the released sentence(s). Designation of this responsibility may be made to DOC employees working
in the DOC’s Time/Release Operations Office.
B. All DOC employees shall read, understand, and comply with this administrative regulation.
C. It is the responsibility of all offenders to understand and comply with this administrative regulation.
VI. AUTHORITY
CRS, Title 17, “Corrections,” Article 2, “Parole and Probation”, and Article 22.5, “Inmate and Parole Time Computation.”
CRS 18-1.3-401. Felonies classified - presumptive penalties.
People vs. Chavez - Good time credit for presentence confinement.
People vs. Derrick - No credit for presentence confinement for those offenders who received a life sentence(s).
CRS 17-22.5-101 One continuous sentence
CRS 17-22.5-102 Custody of department
CRS 17-22.5-103 Computation of time
CRS 17-22.5-202 Ticket to leave – discharge – clothes, money, transportation
CRS 17-22.5-303 Parole.
CRS 17-22.5-303.3 Violent offenders – parole
CRS 17-22.5-307 Consecutive or concurrent sentences – clarification of mittimus
CRS 17-22.5-402 Discharge from custody
CRS 17-22.5-403 Parole eligibility 17-22.5-403.5 Special needs parole
CRS 17-22.5-403.7 Parole eligibility – class 1 felony – juvenile offender convicted as adult
CRS 17-22.5-404.5 Presumption of parole – drug offenders
CRS 17-22.5-404.7 Presumption of parole – nonviolent offenders with ICE detainers
CRS 17-22.5-405 Earned time – earned release time – achievement earned time
CRS 18-1.3-405 Credit for presentence confinement.
VII. HISTORY
CHAPTER
SUBJECT
Offender Records
Sentence Computation
AR #
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950-07
EFFECTIVE
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February 1, 2012
January 1, 2011
December 1, 2009
December 1, 2008
December 1, 2007
December 1, 2006
December 1, 2005
December 1, 2004
ATTACHMENTS:
A. AR Form 100-01A, Administrative Regulation Implementation/Adjustments
ADMINISTRATIVE REGULATION
IMPLEMENTATION/ADJUSTMENTS
AR Form 100-01A (04/15/08)
CHAPTER
SUBJECT
Offender Records
Sentence Computation
AR #
EFFECTIVE
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01/15/15
(FACILITY/WORK UNIT NAME) _________________________________________________________________________
WILL ACCEPT AND IMPLEMENT THE PROVISIONS OF THE ABOVE ADMINISTRATIVE REGULATION:
[ ] AS WRITTEN [ ] NOT APPLICABLE [ ] WITH THE FOLLOWING PROCEDURES TO ACCOMPLISH THE INTENT
OF THE AR
(SIGNED)
(DATE) ______________________
Administrative Head
Attachment “A”
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