Colorado Misdemeanor Sentncing Law – How Much Time Will I Actually Serve If I Receive a Jail Sentence?
By H. Michael Steinberg Colorado Criminal Defense Sentencing Lawyer
Misdemeanor sentences are served in county jails (unless served concurrently with a felony sentence). The jails and the sheriffs who run county jails have their own computation rules.
Inmates can receive deductions for good behavior (two days per month), earned time (three days per month. just added in 2009), and trustee time (not to exceed ten days per month).
There is no parole for misdemeanors. Practitioners and their clients who may not be familiar with local time computation practices would do well to find out how county jails calculate sentences.
The Actual Law Governing Colorado State Misdemeanor Sentencing to Jail
The Calculation of Actual Time Served for Misdemeanors
SECTION 17-26-109, Colorado Revised Statutes: Deductions of time – good time – earned time.
(1) Every person who is sentenced to and imprisoned in any county jail of this state or sentenced to pay a fine and costs or either or all thereof and who performs faithfully the duties assigned to him or her during his or her imprisonment therein is entitled to a deduction from the time of his orher sentence of two days in each month any thirty Day Period. If any such person escapes or attempts to escape from the county jail, he OR SHE shall forfeit all deduction from the time of his or her sentence which he or she may have been entitled to up to the time of the escape or attempt at escape, as provided for in this section.
(2) a person who is sentenced to and imprisoned in any county jail of this state or sentenced to pay a fine and costs or either or all thereof may be awarded earned time of up to three days in any thirty-day period at the discretion of the county sheriff for the successful completion of certain designated programs or educational activities, for outstanding Progress in any assigned program or activity, or for unusual or extraordinary actions as determined by the county sheriff.
Each county Sheriff shall develop and implement an earned time program and Schedule for use in his or her county jail in accordance with the Expectations and standards of the community in which he or she serves. Earned time shall be in addition to good time as allowed in subsection (1) Of this section and section 17-26-115.
