(1) [ Editor's note: This version of the introductory portion to subsection (1) is effective March 1, 2022. ] 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) [ Editor's note: This version of subsection (1)(a) is effective March 1, 2022. ] 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) [ Editor's note: This version of subsection (1)(b) is effective March 1, 2022. ] 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) Is designated by the county sheriff as a trusty prisoner;
(II) Is engaged in work within or outside the walls of the jail;
(c) [ Editor's note: This version of subsection (1)(c) is effective March 1, 2022. ] (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.
(2) [ Editor's note: This version of subsection (2) is effective March 1, 2022. ] 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.
(a) [ Editor's note: This version of subsection (3)(a) is effective March 1, 2022. ] 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.
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.
Cross references: For credit for presentence confinement, see § 18-1.3-405.
Structure Colorado Code
§ 17-26-101. Jail in Each County
§ 17-26-102. Keeper of Jail - Expenses
§ 17-26-104. Feeding Prisoners
§ 17-26-104.3. Menstrual Hygiene Products for a Person in Custody - Definitions
§ 17-26-104.4. Incarceration of a Person With the Capacity for Pregnancy - Report - Definition
§ 17-26-104.7. Prohibition Against the Use of Restraints on Pregnant Persons in Custody
§ 17-26-104.9. Opioid Treatment for a Person in Custody - Definitions
§ 17-26-105. Separation of Prisoners
§ 17-26-106. Male and Female Prisoners
§ 17-26-107. Prisoners to Work - Work Outside of Jail - Expenses
§ 17-26-108. County to Support Spouse - When
§ 17-26-109. Deductions of Time - Record Keeping - Forfeitures - Definition - Repeal
§ 17-26-111. Separate Sentences Continuous
§ 17-26-116. Commitment - Copy to Sheriff - Return Endorsed
§ 17-26-117. Commitment Box - Successor
§ 17-26-118. Criminal Justice Data Collection - Definitions - Repeal
§ 17-26-119. Jail in Another County - Costs
§ 17-26-120. Keeping of Fugitives - Charges
§ 17-26-121. Juveniles - Confinement - When
§ 17-26-122. Guards - Compensation
§ 17-26-123. Federal Prisoners - Expense
§ 17-26-124. Charges for Foreign Prisoners
§ 17-26-125. Account of Moneys - Report
§ 17-26-126. Commissioners to Examine Jail
§ 17-26-127. Escape - Duty of Sheriff - Expenses
§ 17-26-129. Applicability of Provisions
§ 17-26-140. Continuity of Care for Persons Released From Jail