Evergreen Attorneys are the premiere Colorado compassionate release law firm in the Centennial State. We don’t say that lightly, but we stand by our work fighting as compassionate release lawyers for years.

In Colorado, federal compassionate release offers a route for incarcerated individuals who qualify under certain “extraordinary and compelling reasons” to be considered for early release from prison. While federal law provides guidelines for compassionate release, location affects both the rules and opportunities for this consideration. Most states have some version of compassionate release policies, however, these programs are known by different names.

Colorado’s version of compassionate release is officially known as Special Needs Parole. This article is all about Colorado Special Needs parole: what is it; who can qualify; and how Evergreen Attorneys can help your loved one. If you are looking for information about federal prison compassionate release, you will find more helpful guidance on other parts of our website. 

What Is Special Needs Parole in Colorado?

• Understanding Compassionate Release in Colorado is essential if you believe you may qualify. Special Needs Parole is governed by state statutes §17-22.5-403.5 and administrative regulations established by the Colorado Department of Corrections. The goal of Special Needs Parole is both humanitarian and practical. It recognizes that continued incarceration of people who are seriously ill or cognitively impaired may be unnecessary, inhumane, and costly. However, this form of release is not an automatic or guaranteed release. Every case must go through a detailed review process by the Department of Corrections and the Colorado Board of Parole. Still, for eligible individuals, it can mean the chance to receive proper care in a more appropriate setting and reconnect with loved ones in their final months or years.

Who Is Eligible for Compassionate Release in Colorado?

• Eligibility for Special Needs Parole in Colorado is based on either medical condition or age, and certain exclusions may apply. An incarcerated person may qualify if they suffer chronic, terminal, or irreversible illness or a cognitive condition such as dementia that renders them incompetent to proceed. The law also allows consideration for individuals aged 55 or older who suffer from a long-term condition that seriously impairs their ability to function independently.

 

• There is also a category for older adults: those aged 64 or older who have served at least 20 years of a sentence for a non-violent, non-sexual offense may be eligible. However, there are notable exclusions. Individuals serving a life sentence without the possibility of parole, those convicted of a class 1 felony who have served fewer than 10 years served are generally ineligible.

 

• Importantly, there is an exception to these exclusions. If a person has been diagnosed with a terminal illness and has a life expectancy of 12 months or less, they may still be considered for Colorado compassionate release, regardless of their conviction class or time served.

How to Apply for Colorado Special Needs Parole

• Requests for Special Needs Parole can be initiated by the person who is incarcerated or by an “inmate liaison” like a family member or an attorney. The individual may request a review once per year or if a significant change in medical status occurs. The DOC is required to make a determination within 30 days of receiving such a request.
• Once this process is initiated, the individual must sign a Release of Information (ROI) form. If they decline to sign, the process ends. If they agree, case managers will work with clinical staff to complete assessments. The DOC is responsible for identifying eligible individuals and preparing a comprehensive referral to the Board of Parole.

Assessment Process

• The assessment process initiates with a medical evaluation by the Chief Medical Officer or designee using a worksheet to determine eligibility. This worksheet includes a set of screening questions that measure statutory medical and age criteria. If an individual meets the medical criteria in this first worksheet, they will be checked for any statutory exclusions based on the offense and time served.
• If the individual qualifies, additional steps follow: the DOC notifies involved parties for the plaintiff (if applicable), collects a parole plan, confirms medical coverage, and prepares a referral packet. This packet often includes medical summaries, risk assessments, disciplinary records, and statements from the incarcerated individual, the prosecuting district attorney, and any affected parties who choose to provide input.

Parole Board Review and Decision

• Once the Colorado DOC determines that an individual meets the eligibility requirements for Special Needs Parole, the case is referred to the Colorado Board or Parole for a final decision. The Board has significant discretion, and their primary responsibility is to assess public safety while also reviewing the individual’s health needs and reentry plan.
• The Board may choose to hold a hearing or review the referral packet. These actions consider a variety of factors including medical condition, risk of offense, criminal history, and participation in prison programming. The board must make a decision whether to grant a special needs parole within 30 calendar days after receiving the department’s referral.  If the Board finds that the individual qualifies but lacks a completed plan, they may issue a conditional approval pending further documentation.

Post-Release Planning

• If an individual receives a grant, often their release is not effective immediately. A release plan must be approved by the Colorado Board of Parole and in place before an individual can be released. A proper Special Needs Parole Plan includes confirming housing arrangements, medical care providers, and insurance coverage. The Special Needs Parole Case Manager works with parole officers, reentry specialists, and treatment coordinators to finalize the plan. Individuals aged 65 or older must be enrolled in the most appropriate medical insurance program, such as Medicare or veterans’ benefits, before release. The DOC may cover insurance premiums for up to six months post-release, depending on the person’s circumstances.

What Happens If Colorado Special Needs Parole is Denied?

• A denial of parole can be discouraging, but it isn’t necessarily the end of the road. Being denied does not affect eligibility for other forms of parole or release in Colorado. The Board may deny a request if it determines that the individual still poses a threat to public safety or has a high risk of reoffending. While there is no formal appeal process specific to Special Needs Parole, a new application can be submitted if the individual’s condition deteriorates significantly.
• If denied, the Board may instruct the DOC not to refer the case again unless there is a substantial change in medical or mental health status. Even then, the person can still be considered for regular parole, geriatric parole, or sentence modification, depending on their situation.

Revocation and Supervision After Release

• Like any form of parole, Special Needs Parole comes with conditions that must be followed after release. Individuals approved under this program are still under the Colorado DOC’s supervision and must comply with the terms of their parole plan. Sometimes, these conditions include staying in approved housing, maintaining necessary medical care, and regular check-ins with a parole officer. The supervision period generally ranges from six to 36 months, though it may end sooner if the individual completes their standard parole term.
• Like typical parole, there are no separate or lenient standards for this group. Violations may result in a return to custody under Colorado’s general parole rules, however, the system does allow for flexibility. If an individual’s health declines or their needs increase, supervision terms can be adjusted accordingly. Conversely, if their condition improves significantly, the Parole Board may decide to terminate the supervision early.

Lack of Transparency and Data Gaps in Colorado’s Special Needs Parole

• Although Colorado law requires the Department of Corrections to publish monthly data on Special Needs Parole referrals, decisions, pending cases, and average processing times by facility, this information remains difficult to access and interpret. During the COVID-19 pandemic, for example, none of the 71 people who died in custody were granted Special Needs Parole, despite the fact that many were likely eligible.

Final Thoughts

• Special Needs Parole represents an important, compassionate option for people in Colorado prisons who are facing serious health challenges or the natural limits of aging. While the process is complex and far from guaranteed, understanding how it works can empower families and attorneys to navigate the system more effectively. With clearer data, improved access, and persistent advocacy, this program can offer a more humane and just path forward for those who no longer need to be behind bars.

Our firm has deep experience in federal criminal law, compassionate release motions, and appellate work. We at Evergreen Attorneys are also deeply committed to helping sick people get out of prison and back to their family early. If you or your loved one may qualify for special needs parole in Colorado, contact us today for a confidential consultation. Our telephone number is (303) 948-1489 and you can email me directly at [email protected]