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Is Colorado keeping inmates past their release dates?

alejandro.perez.205x205.jpg
Alejandro Perez.
The Colorado Department of Corrections may have miscalculated the sentences of thousands of state inmates, hiking prison costs by millions of dollars and keeping offenders incarcerated beyond the time they were expected to serve, according to a federal lawsuit filed on behalf of four DOC clients -- one of whom was facing a possible death penalty a few years ago over a cellhouse homicide but now may be released. In a complaint filed yesterday, attorney David Lane indicates that the case "will likely become a class action" lawsuit that could affect many of the state's 20,000 prisoners.

Lane's contention is that the DOC is misapplying state law in the way it calculates the mandatory release date (MRD) of its inmates. Under state statutes, inmates can get up to fifteen days a month of "good time" by following the rules, cutting their sentences in half. They can also shave a month off their time every six months through completing training and counseling programs -- "earned time." The DOC does award such sentence modifications, the lawsuit states, but then fails to apply them when figuring out the MRD. Since the actual release date influences a host of other decisions, from what sort of programs inmates are offered to when the prisoner actually gets a chance to meet with the parole board, the failure to apply good time and earned time ends up keeping inmates behind bars past what the prisoners contend is their statutorily mandated release date.

One of the plaintiffs, Randal Ankeney, has already been released following a Colorado Court of Appeals ruling last summer that the DOC had improperly postponed his MRD by more than two years. Another of the plaintiffs, Alejandro Perez, had been one of two defendants accused of a 2004 gang-related killing at the Limon prison, a case in which Eighteenth Judicial District Attorney Carol Chamber (whose term ended in 2012) had initially pursued the death penalty; but Perez ended up acquitted of that murder in 2011. His codefendant, David Bueno, had his conviction thrown out because of evidence withheld by the prosecution.

The DOC "has taken the position that not only does it have the discretion to award earned and good time, but it is within its discretion as to whether or not to apply it to any inmate's release date," the complaint notes. But the Ankeney appeals court ruling is at odds with that position -- and now it will be up to a federal judge to decide if that ruling covers thousands of other inmates, too.

Read the complaint below.

Perez Complaint


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13 comments
annaramirezgr
annaramirezgr

My husband been in prison for 13years and had go to parlor 2times. He was given 26years he took plead to 8- 16 but was given 26. When took the plead they didn't have interpreter forge is from Mexico. His public defender told me he will have parlor hearing in 5 years. But he went to parlor 2011 and then set back 3 years had a hearing 2014& now again set back 1 more year. And only makes 10.00 a month and they keep moving him all the time now he is 7-8 hrs away going to be 1 yr that.I hate that can't see him

Like before he was 1 1/2. I hate Colorado he bows the he will get deportation and he wants to go back he will lose his greencard.

Cognitive_Dissident
Cognitive_Dissident topcommenter

Why not? Who's going to stop them? There is not criminal penalty, and you can't sue the government without their permission.

RobertChase
RobertChase topcommenter

All the people perpetuating this outrage should face criminal as opposed to civil liability; may they face the worst penalties they dare impose on others, soon.

Jen Neb
Jen Neb

Earning good time in prison is only one reason why our justice system is so screwed up...leniency for rehabilitation leads to our nations high recidivism rate...which is still well over 60%.. perks for prison=BULLSHIT!

Suni Daze
Suni Daze

I was a victim of this . Time comp is a JOKE and everyone covers up for everyone.

jessicalitton24
jessicalitton24

How is good time a "perk"? Believe me I was just like you once... Tough on crime all that shenanigans. While I do believe certain crimes (sex crimes etc should earn death sentence) Seeing our "justice system" in action via my husband was a wake up call. There are people serving sentences that they do not deserve! Petty crimes should never be punishable by long sentences and felonies that forever affect those individuals. My husband is missing out on the first year of our daughters life for hopping a fence at the zoo 2 years ago! 

Treefrog52881
Treefrog52881

Actually recidivism rates DROP when prisons are geared towards rehabilitation. Do a minimal amount of research before you spout. Also, our system isn't rehabilative, it's one of the most punitive prison systems in practice in a first world country. It's highly inefficient, abusive, exploitive, and in the end only soars recidivism higher because we turn out worse criminals who now have a vendetta against the system and the world in general because of abuse they experienced behind bars and the fact that the only skills they learned while locked up are how to be a better criminal not a productive member of society. You want to chuck out billions punishing criminals (especially those who commit non violent, drug, or victimless crimes)? Because I thought you Fox News watchers were all about reigning in the budget?! You can't have it both ways, donkey.

Cognitive_Dissident
Cognitive_Dissident topcommenter

Then there's reality, where people are threatened with being charged for crimes they didn't commit, and compelled to defend themselves without an attorney they cannot afford, so they take a "plea bargain" for something they didn't do, thus doing more time than than they justly should, if they committed a crime at all, real or not.

Reality
Reality

Only a joke if you commit a new offense while behind bars or are disruptive. 

jessicalitton24
jessicalitton24

@Reality Not necessarily. My husband is only receiving the 10 days. No good time so far... He is a nonviolent "offender" with no write ups...

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