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Colorado Misdemeanor Sentencing Law – How Much Time Will I Actually Serve If I Receive a Jail Sentence?

By H. Michael Steinberg Colorado Criminal Defense Sentencing Lawyer

Colorado Criminal Law - Calculating the Colorado State Misdemeanor Sentence to Jail-1Misdemeanor sentences are served in county jails (unless served concurrently with a felony sentence served in the Colorado Department of Corrections).

As of 2017 – HB 17-1015 has modified the contents of this article in the calculation of good and earned time in Colorado County Jails .

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 Law Governing Colorado State Misdemeanor Sentencing to Jail –  Calculations Of Actual Time Served In County Jails

The new law consolidates the various statutes governing deductions of time for county jail inmates. The 2017  bill clarifies that an inmate may earn a deduction from the time of his or her sentence in the amount of

• 1 day for each 15 days of the sentence for faithfully performing the duties assigned him or her; plus

• 10 days for each 30 days of the sentence for completing or demonstrating outstanding progress in a designated program or educational activity within the jail; plus

• 13 days for each 30 days of the sentence on his or her sentence for being designated by the county sheriff as a trusty prisoner, performing work within or outside the jail in a creditable manner, and conducting him- or herself by the rules; and

• 13 days for each 30 days of the sentence if the inmate is sentenced to jail as a direct sentence or as a condition of probation and is permitted to participate in work, educational programming outside the jail, medical release, home detention, or day reporting programs.

Regardless of how many programs an inmate participates in, he or she may not receive a deduction of more than 15 days in any 30-day period. In addition to the deductions described above, an inmate may receive a three-day maximum deduction when the inmate takes an unusual or extraordinary action, as determined by the county sheriff.

The bill also repeals a part of statute that allows the county to deny privileges to any inmate who files a frivolous lawsuit.

Source: Colorado Legislative Council HB 17-1015

The Jefferson County Jail – (Following Passage Of The New 2017 Law) – Added This Explanation To Their Website

Next month (August 2017), Jefferson County will implement mandatory changes to sentence reduction or “good time” calculations for inmates. Revisions to the state statute governing good time will go into effect on August 9 and may alter release dates for some inmates.

Good time varies depending on each inmate’s charges, his or her sentence, and whether the inmate participates in a jail program such as work release, inmate worker, the GED program, etc. Therefore, it is difficult to generalize how the statute changes may impact all inmates collectively.

On August 9, 2017 Jefferson County will recalculate release dates for inmates eligible for good time according to the new statute requirements. After that date, inmates will be able to retrieve their release date information via an automated internal system.

We recommend family members and friends of inmates check our website on August 10 or any time thereafter to determine if there has been a change to a particular inmate’s release date: http://jeffco.us/…/jeffco-sheriff%E2%80%99s-office-inmate-…/

§ 17-26-109. Deductions of time – record keeping – forfeitures – definition

(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 earns deductions from the time of his or her sentence as follows:

(a) An inmate receives a one-day deduction for each fifteen days on his or her sentence;

(b) In addition to the deduction described in subsection (1)(a) of this section, an inmate may receive a ten-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

(II) Demonstrates outstanding progress in any designated program or educational activity within the jail;

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

(I) 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 creditable 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)(c);

(d) An inmate may receive a deduction of up to thirteen days for each thirty days on his or her sentence if the inmate:

(I) Is sentenced to the county jail as a direct sentence or as a condition of probation; and

(II) Is permitted to participate in work, educational programming outside the jail, medical release, home detention, or day reporting programs pursuant to section 18-1.3-106 (1);

(e) Notwithstanding any other provision of this section, an inmate may not receive a deduction of more than fifteen days in any thirty-day period, regardless of how many programs the inmate participates in, whether the inmate is designated a trusty prisoner or is sentenced as described in subsection (1)(d) of this section;

(f) (I) In addition to the deductions described in subsections (1)(a), (1)(b), (1)(c), and (1)(d) 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)(e) of this section.

(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 sheriff shall develop and implement a program and schedule for administering reductions of inmates’ sentences in his or her county jail, as described in this section and in accordance with the expectations and standards of the community in which he or she serves. 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, he or she may forfeit some or all of the deductions from his or her sentence that he or she received up to the time of the violation, as determined by the sheriff of the county in which the jail is situated.

(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.

Colorado Misdemeanor Sentencing Law – How Much Time Will I Actually Serve If I Receive a Jail Sentence?

If you found any of the information I have provided on this web page article helpful please click my Plus+1 or the Share buttons for Twitter and Facebook below so that others may also find it.

The contents of this article are based upon my research, my personal experience and my personal analysis and opinions developed from my thirty six years (as of 2018) of criminal trial experience from both sides of the courtroom – as a former career prosecutor for Arapahoe and Douglas Counties (13 years) and as the owner of my own Criminal Defense Law Firm since 1999 (19 years).

The reader is also admonished that Colorado criminal law, like criminal law in every state and at the Federal level, changes constantly. The article appearing above was accurate at the time it was drafted but it cannot account for changes occurring after it was uploaded.

If, after reading this article, you have questions about your case and would like to consider retaining our law firm, we invite you to contact us at the Steinberg Colorado Criminal Defense Law Firm – 303-627-7777.

Never stop fighting – never stop believing in yourself and your right to due process of law. You will not be alone in court, H. Michael will be at your side every step of the way – advocating for justice and the best possible result in your case. H. Michael Steinberg is passionate about criminal defense. His extensive knowledge and experience of Colorado Criminal Law gives him the edge you need to properly handle your case

ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author at:

hmsteinberg@hotmail.com

A Denver Colorado Criminal Defense Lawyer – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – please call 720-220-2277.

“A good criminal defense lawyer is someone who devotes themselves to their client’s case from beginning to end, always realizing that this case is the most important thing in that client’s life.”

You should be careful to make a responsible choice in selecting a Colorado Criminal Defense Lawyer. We encourage you to “vet” our firm. Over the last 36 plus years – by focusing ONLY on Colorado criminal law – H. Michael has had the necessary time to commit to the task of constantly updating himself on nearly every area of criminal law, to include Colorado criminal law and procedure and trial and courtroom practice.

Putting more than 36 years of Colorado criminal defense experience to work for you.

H. Michael works hard to get his clients the best possible results in and out of the courtroom. He has written, and continues to write, extensively on Colorado criminal law and he hopes this article helps you in some small way – Colorado Misdemeanor Sentencing Law – How Much Time Will I Actually Serve If I Receive a Jail Sentence?

 

 


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___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
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