C.R.S.
Section 19-2.5-1206
Parole violation and revocation
(1)
The director of the division of youth services or any juvenile parole officer may arrest any parolee when:(a)
The director or officer has a warrant commanding that the parolee be arrested; or(b)
The director or officer has probable cause to believe that a warrant for the parolee’s arrest has been issued in this state or another state for any criminal offense or for violation of a condition of parole; or(c)
Any offense under the laws of this state has been or is being committed by the parolee in the director’s or officer’s presence; or(d)
The director or officer has probable cause to believe that a violation of law has been committed by the parolee; or(e)
The director or officer has probable cause to believe that the parolee has violated a condition of the juvenile’s parole and probable cause to believe that the parolee is leaving or about to leave the state, or that the parolee will fail or refuse to appear before the hearing panel to answer charges of violations of one or more conditions of parole, or that the parolee’s arrest is necessary to prevent physical harm to the parolee or another person or to prevent the violation of a law.(2)
When an alleged parole violator is taken into custody, the director of the division of youth services or the juvenile parole officer shall notify the juvenile’s parents, guardian, or legal custodian without unnecessary delay.(3)
When a juvenile parole officer has reasonable grounds to believe that a parolee has violated a condition of parole, the juvenile parole officer may issue a summons requiring the parolee to appear before the hearing panel at a specified time and place to answer charges of violation of one or more conditions of parole. The summons, unless accompanied by a copy of a complaint filed before the hearing panel seeking revocation or suspension of parole or modification of parole conditions, must contain a brief statement of the alleged parole violation and the date and place of the alleged parole violation. Failure of the parolee to appear before the hearing panel as required by the summons is a violation of a condition of parole.(4)
If, rather than issuing a summons, a parole officer arrests a parolee with or without a warrant or takes custody of a parolee who has been arrested by another, the parole officer shall place the parolee in the nearest local juvenile detention facility or shelter care facility approved by the department of human services, if under eighteen years of age, or in the nearest county jail, if eighteen years of age or older. Within forty-eight hours, not including Saturdays, Sundays, and legal holidays, the parole officer shall take one of the following actions:(a)
Notify the juvenile parole board that the parolee has been arrested or taken into custody and request that a juvenile parole preliminary hearing be conducted by an administrative law judge; or(b)
Obtain from the parolee a written agreement that the parolee waives the right to a juvenile parole preliminary hearing. The parolee’s parent or guardian shall also sign the waiver of the parolee if the parolee is a juvenile; or(c)
Release the parolee if the parolee is not subject to other actions that require further detention.(5)
An administrative law judge shall, upon the request of the juvenile parole board, conduct a preliminary hearing in a case in which a parole violation has been alleged to determine whether there is probable cause to believe that the parolee has violated a condition of parole, pursuant to subsection (4) of this section.(6)
Whenever an administrative law judge schedules a preliminary hearing pursuant to subsection (5) of this section, the juvenile parole officer shall notify the parolee and the parolee’s parent, guardian, or legal custodian of the following information:(a)
The date, the time, and the place of the preliminary hearing and the name of the administrative law judge;(b)
That the purpose of the hearing is to determine whether there is probable cause to believe that the parolee has violated parole;(c)
That at the preliminary hearing the parolee will be permitted to present evidence, either oral or documentary, in person or by other witnesses, in defense of any alleged parole violation;(d)
A statement of any alleged parole violation;(e)
A brief summary of the evidence tending to establish any alleged parole violation; and(f)
That the parolee has the right to counsel at the preliminary hearing.(7)
Intentionally left blank —Ed.(a)
At any preliminary hearing held pursuant to subsection (5) of this section, the administrative law judge shall hear any offered testimony and determine whether there is probable cause to believe that the parolee has violated parole. If probable cause has not been shown, the administrative law judge shall order the parolee’s release and make a written report of the judge’s findings to the juvenile parole board within fourteen days of the hearing.(b)
If the administrative law judge finds that probable cause exists to believe that the parolee has violated parole, the administrative law judge shall order that the parolee be held to answer the charge before a hearing panel and shall order that the juvenile parole officer return the parolee without unnecessary delay to any of the juvenile corrections facilities of the department of human services pending a hearing before a hearing panel on the complaint for revocation, suspension, or modification of the juvenile’s parole.(8)
Within fourteen working days after the finding of probable cause by the preliminary administrative law judge, the juvenile parole officer shall complete the officer’s investigation and either:(a)
File a complaint before the hearing panel in which the facts are alleged upon which a revocation of parole is sought; or(b)
Recommend to the director of the division of youth services, or the director’s designee, that the parolee, if detained, be released and the violation proceedings be dismissed. The director, or the director’s designee, shall determine whether to cause the violation proceedings to be dismissed, and, if he or she elects to cause dismissal, the parolee must be released or notified that the parolee is relieved of obligation to appear before the hearing panel. In such event, the director, or the director’s designee, shall give written notification to the board of such action.(9)
A complaint filed by a juvenile parole officer in which revocation of parole is sought must contain the name of the parolee, identify the violation charged and the condition or conditions of parole alleged to have been violated, including the date and approximate location of the violation, and be signed by the juvenile parole officer. A copy must be given to the parolee and the parolee’s parents, guardian, or legal custodian at least seven days before a hearing on the complaint is held before the hearing panel.(10)
The board may order the detention of any parolee for failure to appear as required by the summons issued pursuant to subsection (3) of this section.(11)
At least seven days before the appearance of a parolee before the hearing panel, the juvenile parole officer shall provide, in writing, to the parolee and the parolee’s parents, guardian, or legal custodian the following:(a)
A statement of the nature of the charges that are alleged to justify revocation or suspension of parole and the substance of the evidence sustaining the charges;(b)
A copy of the complaint unless he or she has already received one;(c)
A listing of the consequences that may follow in the event parole is revoked; and(d)
An advisement that, if the parolee denies the charges, a hearing will be held before the hearing panel, that, at the hearing, the parolee may testify and present witnesses and documentary evidence in defense of the charges or in mitigation or explanation, and that the parolee has the right to counsel at the hearing.(12)
At the hearing before the hearing panel, if the parolee denies the violation, the division of youth services has the burden of establishing by a preponderance of the evidence the violation of a condition or conditions of parole. The hearing panel shall, when it appears that the alleged violation of conditions of parole consists of an offense with which the parolee is charged in a criminal case then pending, continue the parole violation hearing until the termination of the criminal proceeding. Any evidence having probative value is admissible regardless of its admissibility under exclusionary rules of evidence if the parolee is accorded a fair opportunity to rebut hearsay evidence. The parolee has the right to confront and to cross-examine adverse witnesses unless the administrative law judge specifically finds good cause for not allowing confrontation.(13)
If the hearing panel determines that a violation of a condition or conditions of parole has been committed, it shall hear further evidence related to the parolee’s disposition. At the conclusion of the hearing, the hearing panel shall advise the parties of its findings and recommendations and of their right to request a review before the board. Such review may be held if a written request is filed within fourteen days after the conclusion of the hearing before the hearing panel. If a review before the board is not requested or the right to review is waived, the findings and recommendations of the hearing panel, if unanimous, become the decision of the juvenile parole board unless the board on its own motion orders a review.(14)
The case of a juvenile alleged or found to have violated the conditions of parole outside the state of Colorado must be handled according to the interstate compact on juveniles, part 7 of article 60 of title 24.
Source:
Section 19-2.5-1206 — Parole violation and revocation, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-19.pdf (accessed Oct. 20, 2023).
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