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On Parole Sent back to Prison by Parole Board

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chantelhammer

Junior Member
What is the name of your state (only U.S. law)? Colorado

Date: Sun 03/29/2009 07:29 PM


Just recently I attended a Parole Board Meeting concerning a felon.

His charges were:

1. Between January 28th, 2009 and March 5, 2009, RG, DOC# **** did fail to follow the written/verbal directive of: "You are to have a land line phone with in 2 weeks" given by CPO *** on about January 28th, 2009 during a personal office visit at the *** Sheriff's Office, ****.

Note: At the meeting RG stated that he is not able to read very well, he did not finish high school, he is not able to find work in the area, he does not have a Colorado Id due to someone taking his wallet before conviction and has to go to Denver to show proof of who he is before it can be issued, R can not afford to go to Denver to do this. He is living with his aunt while on parole and she is a single mother of 5 children who is on welfare and sometimes, they can not afford to pay for their water and electric bills. There were many times they had no running water or electricity. R has been looking for work but no one will hire him because he does not have a photo Id except his Prison ID. They do not except this form of ID for employment. He can not afford to pay for a phone, nor can the people he is living with. He did have a phone when he first got out of Prison while he was on his ankle bracelet. Bills got behind and could not afford to pay for a phone. He is an indigent felon.

2. On February 17th, 2009, RG, DOC# ***, submitted a urine specimen at the location of Drug Testing Inc. of Delta, *****, and failed to pay for the test as directed by Community Parole Officer ***.

3. On March 7th, 2009, RG, DOC# 1***, submitted a urine specimen at the location of Drug Testing Inc. of Delta, ****, and failed to pay for the test as directed by Community Parole Officer ****.

Note: Because RG stated that he was working for me at my home doing yard work, they considered this to be enough income to pay for his drug testing. I only paid RG $60.00 (not in one lump sum, but over the period of 1 year).

The Colorado Parole Board sentenced RG 90 days in prison on March 28th, 2009


The Colorado Statues state;
18-1.3-211 Formerly numbered as 16-11.5-104


Each person placed on parole by the state board of parole on or after July 1, 1992, shall be required, as a condition of such parole, to undergo periodic testing and treatment for substance abuse that is appropriate to such parolee based upon the recommendations of the assessment made pursuant to section 18-1.3-209 or any assessment or subsequent reassessment made regarding such parolee during his treatment shall be at a facility or with a person approved by the division of alcohol and drug abuse, established in part 2 of article 1 of title 25, C.R.S., and at such parolee's own expense, unless such parolee is indigent.

Again, RG is Indigent.


No where in the manual for Parole Officers and the Revocation Process does it state that a Parolee must pay for his own drug testing. It also states "refusal to submit to urinalysis to determine the presence of drugs or alcohol;" During the Parole Board Meeting and on the charges for the Parole Meeting were stated that R* did give his Urinalysis, but could not afford to pay for it.

I believe this to be false imprisonment. That the Parole Board Member doing the Parole Meeting that day, did not follow the Colorado Revised Statues nor the Parole Board documents for Parole Officers to follow.


Parole officers and the revocation process. Parole officers are generally the starting point
for the revocation process. Statutes dictate that a parole officer may arrest a parolee for specific
reasons (see page 160).
Pursuant to administrative regulations of the Parole Board, revocation complaints filed by
parole officers are either mandatory or discretionary. When a parolee commits certain offenses, the
parole officer is required to file a complaint in order to begin revocation proceedings (this does not
mean the offender's parole is required to be revoked). For other offenses, the parole officer uses
discretion in deciding whether to begin revocation proceedings.
Mandatory complaint offenses include the following:
• possession or use of a firearm or deadly weapon;
• an arrest and charge for any felony;
• a crime of violence as defined in 16-1-104 (8.5), C.R.S.;
• a misdemeanor assault involving a deadly weapon or resulting in bodily injury to
the victim;
• third degree sexual assault;
• refusal to submit to urinalysis to determine the presence of drugs or alcohol;
• an arrest for a criminal offense for which the parolee is being held in a county jail;
• an arrest and charge or conviction for any misdemeanor offense against the person;
• an arrest and charge or conviction for any other misdemeanor offense relating to
assault, robbery, alcohol possession or use of controlled substance, or arson;
January 2001 CHAPTER 12 – Parole
Prepared by Legislative Council Staff Page 163
• failure to make an initial report to a parole officer upon release to parole
supervision;
• absconding from parole supervision; and
• failure to make restitution payments in accordance with DOC policy governing
restitution ordered by the Parole Board.

This is a big problem now, especially since the economy is in such a bad shape right now. What can I do to have these charges dismissed due to the statues?
 
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