Colo. Rev. Stat. » Title 17
Colorado Revised Statutes

Colo. Rev. Stat. § 17-26-109 (2026)

Deductions of time - record keeping - forfeitures - definition

✓ current as of July 2026
Find cases: SyfertCases citing this section CO-LEGleg.colorado.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

(1) Every person who is sentenced to and imprisoned in any county jail of this state who performs faithfully the duties assigned to him or her and conducts himself or herself in accordance with the rules of the jail earns deductions from the time of his or her sentence as follows:

(a) An inmate receives a seven-day deduction for each thirty days on his or her sentence which shall be calculated on a pro-rated basis from the commencement of the sentence, all or part of which is subject to forfeiture if the inmate is found to have violated any of the rules and regulations of the jail or has not faithfully accepted or completed the duties assigned to him or her;

(b) In addition to the deduction described in subsection (1)(a) of this section, an inmate may receive a three-day deduction for each thirty days on his or her sentence if he or she:

(I) Successfully completes a designated program or educational activity within the jail or is designated by the county sheriff as a trusty prisoner;

(II) Is engaged in work within or outside the walls of the jail;

(III) Performs his or her work in a credible manner;

(IV) Conducts himself or herself in accordance with the rules of the jail; and

(V) Is approved by the sheriff to receive a deduction pursuant to this subsection (1)(b);

(c) (I) In addition to the deductions described in subsection (1)(a) of this section, an inmate may receive a three-day maximum deduction when the inmate takes an unusual or extraordinary action, as determined by the county sheriff. This deduction may be granted on an incident-by-incident basis and is not subject to the deduction cap described in subsection (1)(a) of this section.

(II) If a county sheriff awards a deduction pursuant to this subsection (1)(c), the county sheriff shall notify the chief judge of the judicial district where the defendant was convicted of the award not later than three business days after the deduction is awarded. When providing the notice, the sheriff shall indicate how many days were deducted and the nature of the unusual or extraordinary action taken by the inmate. (d) and (e) Repealed.

(f) (I) In addition to the deductions described in subsections (1)(a), (1)(b), and (1)(c) of this section, an inmate may receive a three-day maximum deduction when the inmate takes an unusual or extraordinary action, as determined by the county sheriff. This deduction may be granted on an incident-by-incident basis.

(II) If a county sheriff awards a deduction pursuant to this subsection (1)(f), he or she shall notify the chief judge of the judicial district of such fact not later than three business days after the deduction is awarded. In providing such notice, the sheriff shall indicate how many days were deducted and the nature of the unusual or extraordinary action taken by the inmate.

(2) Each county jail shall keep a record of each inmate's deductions of time and changes in deductions of time as a result of policy violations by the inmate.

(3) (a) If an inmate is found to have committed a willful violation of any of the rules or regulations of the jail, the sheriff of the county in which the jail is situated shall determine whether the inmate shall forfeit some or all of the deductions from the inmate's sentence through implementation of a process as outlined in a policy provided to all inmates, which is applied consistently and complies with the best practices for correctional settings.

(b) If an inmate escapes or attempts to escape from a jail or an alternative sentence program, he or she forfeits all deductions from his or her sentence that he or she received up to the time of the escape or attempted escape.

(4) An inmate who is sentenced to any alternative sentence pursuant to section 18-1.3- 106 arising out of a sentence pursuant to section 42-4-1307 (5)(a)(I), (5)(b), or (6)(a)(I) may receive a sentence deduction pursuant to this section only after serving any mandatory period of time pursuant to those sections.

(5) As used in this section, "day" means a twenty-four-hour calendar day.

Source: L. 77: Entire title R&RE, p. 937, § 10, effective August 1. L. 2009: Entire section amended, (HB 09-1263), ch. 105, p. 382, § 1, effective August 5. L. 2017: Entire section amended, (HB 17-1015), ch. 71, p. 221, § 1, effective August 9. L. 2021: IP(1), (1)(a), (1)(b), (1)(c), (2), and (3)(a) amended, (SB 21-271), ch. 462, p. 3164, § 176, effective March 1, 2022;

(1)(e)(II) added by revision, (SB 21-271), ch. 462, pp. 3164, 3331, §§ 176, 803. L. 2022:

(1)(b)(I) amended, (HB 22-1229), ch. 68, p. 343, § 15, effective March 1. L. 2023: (1)(f)(I) amended, (HB 23-1301), ch. 303, p. 1820, § 20, effective August 7.

Editor's note: (1) This section is similar to former § 27-26-109 as it existed prior to 1977.

(2) Subsection (1)(e)(II) provided for the repeal of subsections (1)(d) and (1)(e), effective March 1, 2022. (See L. 2021, pp. 3164, 3331.)

(3) Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022, provides that the act changing this section applies to offenses committed on or after March 1, 2022.

(4) Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022, provides that the act changing this section is effective March 1, 2022, but the governor did not approve the act until April 7, 2022.

Cross references: For credit for presentence confinement, see § 18-1.3-405.

Notes of Decisions
Cited in 9 cases, 1979–1997 · leading case: Faulkner v. Dist. Court of Eighteenth Jud. Dist., 826 P.2d 1277 (Colo. 1992).
Sort: Relevance Newest Treatment
Faulkner v. Dist. Court of Eighteenth Jud. Dist., 826 P.2d 1277 (Colo. 1992). · cites it 38× “The issue before us is whether the district court erred in ruling that an individual incarcerated in the county jail as a condition of probation is not eligible for the good time deductions from sentence time allowed under sections 17-26-109 and 17-26-115, 8A C.”
People v. T.O., 696 P.2d 811 (Colo. 1985). · cites it 4× “could not earn statutory good time while serving his sentence, see §§ 17-26-109, 17-26-115, 8 C.R.S. (1978), and that early release could only be obtained upon a showing of exemplary behavior under subsection 19-3-113.”
In Re Marriage of Helmich, 937 P.2d 897 (Colo. Ct. App. 1997). · cites it 4× “Sections 17-26-109 and 17-26-115, C.R.S. (1986 Repl.”
Hemphill v. Dist. Court, 593 P.2d 972 (Colo. 1979). · cites it 3× “and who performs faithfully the duties assigned to him during his imprisonment therein is entitled to a deduction from the time of his sentence of two days in each month.”
Castro v. Dist. Court of Tenth Jud. Dist., 656 P.2d 1283 (Colo. 1982). “[1] Although some limited good time credit is allowed for persons sentenced to a county jail, sections 17-26-109 and 17-26-115, C.R.S.1973 (1978 Repl.”
People v. Smith, 681 P.2d 525 (Colo. Ct. App. 1983). · cites it 11× “On appeal Smith asserts that a term of probation is a sentence and, thus, concludes that his incarceration in the county jail as a term of probation is subject to the same good time credit as provided by § 17-26-109, C.R.S.1973 (1978 Repl.Vol. 8) for sentences of imprisonment in…”
Hemphill v. Dist. Court in & for 2nd Jud. Dist., 593 P.2d 972 (Colo. 1979). · cites it 3× “and who performs faithfully the duties assigned to him during his imprisonment therein is entitled to a deduction from the time of his sentence of two days in each month.”
Hemphill v. Dist. Court, 593 P.2d 972 (Colo. 1979). · cites it 3× “and who performs faithfully the duties assigned to him during his imprisonment therein is entitled to a deduction from the time of his sentence of two days in each month.”
Castro v. Dist. Court of the Tenth Jud. Dist., 656 P.2d 1279 (Colo. 1982). “Although some limited good time credit is allowed for persons sentenced to a county jail, sections 17-26-109 and 17-26-115, C.R.S.1973 (1978 Repl.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.