May 24, 2019

Colorado Supreme Court: Good Time Credits Only to be Used to Calculate Inmate’s Parole Eligibility

The Colorado Supreme Court issued its opinion in Ankeney v. Raemisch on Monday, March 16, 2015.

Mandatory Release Date—Applicability of Good Time, Earned Time, and Educational Earned Time.

The Department of Corrections (DOC) appealed directly to the Supreme Court from an order of the district court granting Ankeney habeas corpus relief. Complying with a remand order of the court of appeals from an earlier appeal, the district court interpreted various statutory provisions regarding good time and earned time credit to require Ankeney’s release from prison almost three years before the date calculated by the DOC. Crediting the time during which Ankeney remained unlawfully incarcerated against his subsequent, statutorily mandated period of parole, the district court found him to have completed his parole term and ordered his immediate release from parole supervision.

The Court reversed the district court’s judgment. It held that the lower courts erroneously concluded that for inmates convicted of crimes committed after July 1, 1993, good time credits awardable by CRS § 17-22.5-301 are to be applied against an inmate’s mandatory release date rather than calculated merely to determine his or her parole eligibility. A proper application of the statutory deductions from Ankeney’s sentence to which he is entitled demonstrates that he has not completed service of his required term of parole.

Summary and full case available here, courtesy of The Colorado Lawyer.

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