Colorado Revised Statutes

Colo. Rev. Stat. § 16-11-310 (2024)

Release from incarceration

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
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(Repealed) Source: L. 77: Entire section added, p. 865, § 12, effective July 1, 1979. L. 79: Entire section R&RE, p. 666, § 10, effective July 1. L. 88: Entire section repealed, p. 715, § 25, effective July 1.

16-11-311. Sentences - youthful offenders - legislative declaration - powers and duties of district court - authorization for youthful offender system - powers and duties of department of corrections - repeal. (Repealed) Source: L. 93, 1st Ex. Sess.: Entire section added, p. 13, § 5, effective September 13. L. 94: (2)(a) amended, p. 909, § 4, effective April 28; (2)(a), (2)(b), (4), (5)(a), (5)(c), (6), and

(10)(a) amended and (2.1), (3.3), and (3.4) added, p. 2089, § 1, effective June 3; (2)(a) amended and (10)(d) added, pp. 2584, 2585, §§ 2, 3, effective July 1. L. 95: (4.5) added and (5)(a) amended, p. 871, § 3, effective May 24; (2)(a)(I) and IP(2.1)(a) amended, p. 1096, § 14, effective May 31. L. 96: (2)(a)(I), (3.3)(c), and (3.4)(b) amended, p. 1145, § 1, effective July 1; (1)(b), (2)(a)(I), IP(2.1)(a), and (10)(d) amended, p. 1689, § 20, effective January 1, 1997. L. 98: (10)(a), (10)(b), and (10)(d) amended, p. 725, § 3, effective May 18. L. 99: (10)(a) and (13) amended, p. 43, § 1, effective March 15; (1)(b) and (2)(a)(I) amended, p. 1371, § 3, effective July 1. L. 2000: (1)(c), (1)(d), (3.4)(d), and (4.3) added and (2)(a)(I), (2)(a)(II), (2)(a.5), (3)(e), (3.3)(b)(II), (3.4)(b), (3.4)(c), (5), (8), and (10)(c) amended, p. 1003, §§ 1, 2, 3, effective May 26; (11.5) added, p. 925, § 18, effective July 1. L. 2001: (3.4)(d) amended, p. 1490, § 11, effective June 8; (2)(a)(IV) added and (3.3)(d) amended, p. 231, §§ 1, 2, effective July 1. L. 2002: (11.5) amended, p. 1151, § 6, effective July 1; (11.5)(a)(I) amended, p. 1183, § 14, effective July 1; (10)(a) and (10)(c) amended, p. 881, § 19, effective August 7; entire section repealed, p. 1463, § 3, effective October 1.

Editor's note: Amendments to subsections (10)(a) and (10)(c) in House Bill 02-1352 and amendments to subsection (11.5)(a)(I) in Senate Bill 02-019 and Senate Bill 02-010 were harmonized with House Bill 02-1046 and relocated to section 18-1.3-407.

Cross references: For the legislative declaration contained in the 2002 act repealing this section, see section 1 of chapter 318, Session Laws of Colorado 2002.

16-11-312. Intensive family preservation program - juveniles sentenced to the youthful offender system - legislative declaration - development of a plan for a pilot program - duty of department - report. (Repealed) Source: L. 94: Entire section added, p. 2067, § 1, effective July 1.

Editor's note: Subsection (4) provided for the repeal of this section, effective July 1, 1995. (See L. 94, p. 2067.) PART 4 DEATH PENALTY - EXECUTION 16-11-401 to 16-11-405. (Repealed) Source: L. 2002: Entire part repealed, p. 1463, § 3, effective October 1.

Editor's note: (1) This part 4 was numbered as article 11 of chapter 39, C.R.S. 1963. This article was repealed and reenacted in 1972, and this part 4 was subsequently repealed in 2002. For amendments to this part 4 prior to its repeal in 2002, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. The provisions of this part 4 were relocated to part 12 of article 1.3 of title 18. For the location of specific provisions, see the editor's notes following each section in said part 12 and the comparative tables located in the back of the index.

(2) For historical information concerning the 1972 repeal and reenactment of this article, see the editor's note before the article 1 heading.

Cross references: For the legislative declaration contained in the 2002 act repealing this part 4, see section 1 of chapter 318, Session Laws of Colorado 2002.

PART 5 SENTENCES TO PAYMENT OF FINES - COSTS 16-11-501 to 16-11-502. (Repealed) Source: L. 2002: Entire part repealed, p. 1463, § 3, effective October 1.

Editor's note: (1) This part 5 was numbered as article 11 of chapter 39, C.R.S. 1963. This article was repealed and reenacted in 1972, and this part 5 was subsequently repealed in 2002. For amendments to this part 5 prior to its repeal in 2002, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. The provisions of this part 5 were relocated to part 7 of article 1.3 of title 18. For the location of specific provisions, see the editor's notes following each section in said part 7 and the comparative tables located in the back of the index.

(2) For historical information concerning the 1972 repeal and reenactment of this article, see the editor's note before the article 1 heading.

PART 6

RIGHT TO ATTEND SENTENCING

Notes of Decisions
Cited in 16 cases, 1989–2001 · leading case: Bynum v. Kautzky, 784 P.2d 735 (Colo. 1989).
Bynum v. Kautzky, 784 P.2d 735 (Colo. 1989). · cites it 31× “First, he points to section 16-11-310, 8A C.R.S. (1986), which provides: 16-11-310.”
Renneke v. Kautzky, 782 P.2d 343 (Colo. 1989). · cites it 11× “He asserted that, pursuant to section 16-11-310, 8A C.R.S. (1986), he was entitled to release on January 28, 1988.”
Thiret v. Kautzky, 792 P.2d 801 (Colo. 1990). · cites it 8× “First, he argues that both offenses for which he was convicted, attempted first-degree murder, and sexual assault on a child, are governed by the mandatory parole provisions of section 16-11-310, 8A C.R.S. (1986), which require release when good time credits plus time served…”
Williamson v. Jordan, 797 P.2d 744 (Colo. 1990). · cites it 15× “(1986), so as to be entitled to unconditional release under section 16-11-310, 8A C.R.S. (1986). 2 Williamson’s argument is based on his theory that the good time and earned time credits which he accumulated prior to being paroled should be credited against his sentence…”
Meyers v. Price, 842 P.2d 229 (Colo. 1992). · cites it 6× “Meyers concluded that he had served and accumulated over eight years in time credit, which was sufficient to satisfy his court-imposed sentence of eight years.”
People v. Cooper, 27 P.3d 348 (Colo. 2001). “10, § 16-11-310, 1979 Colo. Sess. Laws 662 , 666; ch.”
Jones v. Martinez, 799 P.2d 385 (Colo. 1990). · cites it 4× “, discharge the offender or place such offender under conditional parole supervision." These new sections are consistent with our conclusion that good time and earned time credits provide a basis for determining the date an inmate will come before the parole board, and do not…”
People v. Leedom, 781 P.2d 173 (Colo. Ct. App. 1989). · cites it 5× “Section 16-11-310, C.R.S. (1986 Repl.Vol.”
Aue v. Diesslin, 798 P.2d 436 (Colo. 1990). · cites it 2× “(1986), section 16-11-310, 8A C.R.S. (1986), section 17-22.”
People v. Grenemyer, 827 P.2d 603 (Colo. Ct. App. 1992). · cites it 4× “Defendant contends that, in computing the expiration date of his original sentence, accumulated good time and earned time credits must be deducted in addition to time served, with the result being that he is presently entitled to unconditional release from the custody of the…”
Rather v. Suthers, 973 P.2d 1264 (Colo. 1999). · cites it 4× “Rather argues to this court that the DOC’s failure to list his vested good time credits amounts to a retroactive cancellation of those credits in violation of section 16-11-310, 8A C.R.S. (1986) (repealed 1988), 4 section 17-22.”
Badger v. Suthers, 985 P.2d 1042 (Colo. 1999). · cites it 3× “(1998) and section 16-11-310,' 8A C.R.S. (1986) (repealed 1988).”
Colo. Rev. Stat. § 16-11-310(1): 2 cases
Jones v. Martinez, 799 P.2d 385 (Colo. 1990). “, discharge the offender or place such offender under conditional parole supervision." These new sections are consistent with our conclusion that good time and earned time credits provide a basis for determining the date an inmate will come before the parole board, and do not…”
Bynum v. Kautzky, 784 P.2d 735 (Colo. 1989). “First, he points to section 16-11-310, 8A C.R.S. (1986), which provides: 16-11-310.”
Colo. Rev. Stat. § 16-11-310(2): 1 case
Jones v. Martinez, 799 P.2d 385 (Colo. 1990). “, discharge the offender or place such offender under conditional parole supervision." These new sections are consistent with our conclusion that good time and earned time credits provide a basis for determining the date an inmate will come before the parole board, and do not…”
Colo. Rev. Stat. § 16-11-310(5): 1 case
Bynum v. Kautzky, 784 P.2d 735 (Colo. 1989). “First, he points to section 16-11-310, 8A C.R.S. (1986), which provides: 16-11-310.”
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