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Colorado Prison & Jail – Visitation, Phones, Packages & Mail Information relating to the Colorado Department of Corrections. This includes info about Visitation, Phones, Packages & Mail.

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  #1  
Old 01-27-2013, 11:41 AM
sweetpea0204 sweetpea0204 is offline
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Question Colorado Extradition from Arizona

My husband was arrested on January 2, 2013 in Arizona. He is being extradited back to Colorado for a parole violation. From what I understand Colorado only has 30 day to pick him up, otherwise Arizona has to let him go. I also thought that the extradition shuttle has to be the ones that pick him up. What is happening is that he is being picked up by other counties and being moved around the state. He is closer to Colorado but still in a county jail. If he does not reach Colorado within 30 days can I get a lawyer to get him out? Also if the extradition shuttle is not the ones that take possession of him within the days can I get a lawyer to get him out? It seems to look like Colorado does indeed want him but is taking a long time to get him and is pulling favors to get him back but not by using the shuttle. Is the reason they are doing this is to make it that he can't get out within the 30 day time frame? When he has in the first county jail the lawyer said that if he was still in that jail by the 21st that he would ask for a hearing to have him released. This is why I think they keep moving my husband so he doesn't have a chance to have a hearing to get released. Please help his 30 days is coming up. Also I read that the 30 days doesn't count weekends is this true?
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Old 01-29-2013, 09:50 PM
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My husband was arrested on January 2, 2013 in Arizona. He is being extradited back to Colorado for a parole violation. From what I understand Colorado only has 30 day to pick him up, otherwise Arizona has to let him go. I also thought that the extradition shuttle has to be the ones that pick him up. What is happening is that he is being picked up by other counties and being moved around the state. He is closer to Colorado but still in a county jail. If he does not reach Colorado within 30 days can I get a lawyer to get him out? Also if the extradition shuttle is not the ones that take possession of him within the days can I get a lawyer to get him out? It seems to look like Colorado does indeed want him but is taking a long time to get him and is pulling favors to get him back but not by using the shuttle. Is the reason they are doing this is to make it that he can't get out within the 30 day time frame? When he has in the first county jail the lawyer said that if he was still in that jail by the 21st that he would ask for a hearing to have him released. This is why I think they keep moving my husband so he doesn't have a chance to have a hearing to get released. Please help his 30 days is coming up. Also I read that the 30 days doesn't count weekends is this true?
You'd have to call his PO here (interstate compact) and see if a parole complaint has been filed. He's not really being extradited back to Colorado, he's violated his parole and Arizona is refusing to supervise him by sending him back to Colorado. I don't know a thing about an "extradition shuttle". It takes however long it takes to get him back here. There's nothing you can do, he's done in Arizona. If he's lucky he won't go back to prison when he gets to Colorado, I can tell you the PO's here get pretty pissed off when they get a parolee back on a violation and will pretty much make his life miserable here.
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Old 01-29-2013, 10:01 PM
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Offenders automatically waive their right to extradition when they interstate compact to another state. Start on page 21 on the ICAOS Rules (this is the bench book that Judges use). You'll get a better idea of what is going on. If Arizona terminated his supervision, Colorado is required to take him back.

http://www.interstatecompact.org/Lin...id=165&mid=528
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Old 01-29-2013, 10:34 PM
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He has been on the run for 10 years for the parole violation. He got caught in Oregon 2 years ago but Oregon forgot about that Colorado wanted him and gave him bail. When he was in jail in Oregon I called is PO and she was pissed. She isn't a nice person when I met her 14 years ago and it seems like she has just gotten meaner. I am afraid she is going to try and throw the book at him for running twice from her and getting away with it for 10 years. They just moved him again yesterday from Apache county in Arizona to another county and I don't know where. I can't seem to find out where he is and he hasn't called me. Nobody will tell me where he is. I hope they don't charge him with escape charges. I believe he has to finish his sentence with no good time.
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Old 01-29-2013, 10:45 PM
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When he was arrested in Oregon they were wanting him to sign the extradition release paperwork but he wanted to fight it so he can be close to me and our kids. When he was arrested here in Arizona they said that he had already signed the release paperwork when he went on parole so it wasn't necessary this time. He also had a court date and they didn't have him go to court because it wasn't necessary because the release had already been signed. He is afraid of the absconding charges that he might face. Also the lawyer we paid 2 years ago won't return our calls return any of our money and I just found out that she can't practice law because she didn't take the tests to keep up her license. I don't have 5,000 to get another lawyer. I am afraid to contact his PO because she had already had Arizona put me in jail for harboring a fugitive but the judge let me go. They didn't charge me yet but they have 7 years to charge me. I don't want to talk to her and have her push the issue of charging me. Then our kids would lose both of their parents.
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Old 01-30-2013, 09:03 AM
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Well first of all, they don't have to tell you where he is, it's a security issue. A friend's husband was arrested (no parole violation) in Indiana and extradited back to Colorado and they did the same thing...jail to jail to jail. I think it took like two weeks to get him here.

He will definitely get charged with escape, that's what Colorado does. Have you checked the CDOC website to see if he's listed as a fugitive? He's not going to finish his parole in prison here, he'll have a new sentence to contend with. Based on your history of harboring, you will most likely not be allowed any contact with him at all, no phone calls, no visits. He may be able to call once he hits the county jail here, but once he's in DOC, they won't allow it because you've aided and abetted him. You're right, you probably need to fly below the radar and stay out of sight or they will charge you as well.

Not much else I can tell you...it's sounds like you'll be in a holding pattern for quite awhile. At least he'll be eligible for a public defender once he's charged with escape. I walked away from a halfway house on an 18 month sentence and got an additional 12 months for escape. That's the way it works here.
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Old 01-30-2013, 09:13 AM
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Are you serious that they won't let me be on his approved list even though the charges for harboring a fugitive were dropped. When he was in Maricopa County Jail and they have the same rule of you can't see anybody if you been charged with anything for the last 12 months I was still Able to visit him. I know that DOC will be a lot stricter but it doesn't say that I was charged with anything as of right now.
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Old 01-30-2013, 09:54 AM
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Yep I'm serious. It doesn't matter to them...they can just say that having you around is detrimental to his "rehabilitation" or that you're a security threat (due to aiding and abetting). They're in control of visitation and contact, there's not much you can do about it.
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Old 01-30-2013, 10:11 AM
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So he is charged with escape will he get 12 months or less or can he get more time for that charge? What is the maximum time for escape charges? Does his PO have alot of pull to get the maximum time when he foes in front of the parole board?
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Old 01-30-2013, 10:37 AM
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So he is charged with escape will he get 12 months or less or can he get more time for that charge? What is the maximum time for escape charges? Does his PO have alot of pull to get the maximum time when he foes in front of the parole board?
Escape is tied to his original sentence so it can't be longer than what he was sentenced for originally. There would be a PSI (Pre-Sentence Investigation) to help the Judge decide his sentence. That's where the PO's report will come into play not with the Parole Board. However having an escape conviction won't help him get into a halfway house/community corrections because he's already a risk.
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Old 01-30-2013, 10:47 AM
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His original charge was habitual traffic offense and was charged with 4 1/2 years. I think he only had another 18 months of parole before he was done.
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Old 01-30-2013, 02:35 PM
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So he was sentenced to 54 months for the HTO conviction. Then his escape sentence can be 54 months or less. His parole doesn't matter any more, it's no longer in play. None of the time he was on "fugitive" status counts toward his sentence, it's considered dead time. Basically the clock stopped when he absconded supervision. This is why it's really stupid to abscond. 10 years later and now he's looking at another 4+ years in the clink PLUS ANOTHER PAROLE which is probably going to be 3 years.

They've actually lightened up in the last year for revoking someone for failure to report...but he's been a fugitive for 10 years and yes the Judge will consider that he was in custody in Oregon and bailed again...don't be surprised if he gets the max.
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Old 01-30-2013, 04:41 PM
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He just called and he is CJC and is going to be taken to Freemont county jail because I guess that is where they do parole hearings. He told me that when he was originally sentenced that he had 5 charges and he got 54 months. This is what his charges say on his time comp report.
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He told me that the burglary was to a storage shed and it was classified wrong. He didn't get any good time for that offense because of that. I don't know how I can get the classification fixed for the burglary charge.

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Old 01-30-2013, 10:12 PM
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He just called and he is CJC and is going to be taken to Freemont county jail because I guess that is where they do parole hearings. He told me that when he was originally sentenced that he had 5 charges and he got 54 months. This is what his charges say on his time comp report.
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He told me that the burglary was to a storage shed and it was classified wrong. He didn't get any good time for that offense because of that. I don't know how I can get the classification fixed for the burglary charge.
It's called earned time in Colorado. It doesn't really matter if you try to fix it or not. The only way it can be corrected is through the courts but I'd consider it a waste of time. Storage shed or not, it's still burglary so it's probably accurate. He could have had his Public Defender at the time correct it with the court and DOC if was wrong.

His bigger problem now is what he's facing. Was he released on discretionary parole? If not then he will serve the remainder of the 54 sentence before the new sentence begins. Unfortunately, statutorily escape sentences are NOT allowed to run concurrent. If he was released on his mandatory release date then I believe the remainder of his parole would run with the new sentence if it's ordered by the Court. That one I'm not to sure about and it's hard to find an attorney here that would actually know the parole statutes. Most of them don't understand them.

If you really want to try and change it then you need to get a copy of the mittimus from the Clerk of Court in the county he was sentenced in. It also looks like he was convicted of felony eluding, that does nothing to help his case because he's showing a history of running.
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Old 01-31-2013, 01:07 AM
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It's called earned time in Colorado. It doesn't really matter if you try to fix it or not. The only way it can be corrected is through the courts but I'd consider it a waste of time. Storage shed or not, it's still burglary so it's probably accurate. He could have had his Public Defender at the time correct it with the court and DOC if was wrong.

His bigger problem now is what he's facing. Was he released on discretionary parole? If not then he will serve the remainder of the 54 sentence before the new sentence begins. Unfortunately, statutorily escape sentences are NOT allowed to run concurrent. If he was released on his mandatory release date then I believe the remainder of his parole would run with the new sentence if it's ordered by the Court. That one I'm not to sure about and it's hard to find an attorney here that would actually know the parole statutes. Most of them don't understand them.

If you really want to try and change it then you need to get a copy of the mittimus from the Clerk of Court in the county he was sentenced in. It also looks like he was convicted of felony eluding, that does nothing to help his case because he's showing a history of running.
Also it won't matter if you get it changed or not. It's far, far too late to have any earned time applied even if DOC was wrong. There are time limits on everything in DOC including earned time calculations or lack thereof. There's no way he'll have a leg to stand on 10 years after the fact.
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Old 10-19-2013, 04:19 PM
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I know this is an old thread but I am adding to it in the hope that either of the original contributors are still around.

My fiancé was on the run from Colorado for 12 years. He owes 4 years there. He came to Washington and was arrested for something else here and is 20 months from the gate on this sentence. When he is done with this sentence he is being extradited back to Colorado. He is on the DOC website as a fugitive.

What will happen when he gets to Colorado? Will he have extra time to do on top of the 4 years he owes because of the escape? It was a halfway house he escaped from, not a prison or jail does that make a difference? During the 12 years that he ran he did not get into any trouble apart from the incident that he is serving time for now. Had I known him then I would have made him turn himself in but what's done is done. I just want to know how much time he is likely to have to do there and whether that will be in prison or back in community corrections again?
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Old 10-19-2013, 05:23 PM
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I know this is an old thread but I am adding to it in the hope that either of the original contributors are still around.

My fiancé was on the run from Colorado for 12 years. He owes 4 years there. He came to Washington and was arrested for something else here and is 20 months from the gate on this sentence. When he is done with this sentence he is being extradited back to Colorado. He is on the DOC website as a fugitive.

What will happen when he gets to Colorado? Will he have extra time to do on top of the 4 years he owes because of the escape? It was a halfway house he escaped from, not a prison or jail does that make a difference? During the 12 years that he ran he did not get into any trouble apart from the incident that he is serving time for now. Had I known him then I would have made him turn himself in but what's done is done. I just want to know how much time he is likely to have to do there and whether that will be in prison or back in community corrections again?
How much time he does depends on a lot of factors. If he still owes CO 4 years, he will have to do that right off the bat. He will be charged with escape and will have to go to court on that charge. The bad thing about an escape charge on your jacket is he will have a difficult time getting a job while inside. He also may be restricted to certain (higher level) facilities.
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Old 10-20-2013, 12:29 AM
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Thank you. It's not looking good then. We were under the impression that he will just continue where he was and go back to a halfway house.

From your experience, how much time is he likely to get for the escape?
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Old 10-21-2013, 08:51 AM
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Thank you. It's not looking good then. We were under the impression that he will just continue where he was and go back to a halfway house.

From your experience, how much time is he likely to get for the escape?
Due to him being on the run, it's unlikely that another halfway house will accept him (but you never know). It's a crap shoot at how much extra time they give him for the escape charge.
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Old 10-21-2013, 02:19 PM
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Thank you. It's not looking good then. We were under the impression that he will just continue where he was and go back to a halfway house.

From your experience, how much time is he likely to get for the escape?
The escape charges and sentencing are tied to his original crime. I believe they can't sentence him to more than the original sentence. He didn't stay out of trouble the entire time since he's back in prison now and that's all they will look at. Nancy is correct, no hwh will take him since he walked away from the last one and he'll service the rest of the original sentence and the new one consecutively, meaning he'll finish up the the 4 years before starting the new sentence. It's too bad you didn't bring this up with the court there, he would have had a good chance of serving the rest of his Colorado sentence concurrently and been done for good. Now it's too late.
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Old 10-21-2013, 04:59 PM
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Apparently he asked to serve the Colorado time concurrently with the Washington time but it was denied.
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Old 02-24-2015, 10:14 AM
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I know this thread is old but I thought I should chime in since I am the absconder...was the absconder from my wife's original post.

Well its been about 2 years, and I am a free man finally. I killed my number about 6 months ago July 25, 2014. I consider myself lucky and watched over by the good graces of God. As my wife explained, I ran for 10 years and was arrested and released in 2010 only to run again. Was it worth it? Yes and no, I was able to be with my family and contribute to rasing our children. However, being on the run takes its toll on your feelings of self-worth.

I cant even begin to explain the paranoia and how looking over your shouoder all the time just tears at your nerves....it's downright awful. I cant even imagine what a feeling of despair and uncertainy my wife must of silently gone through during those years. She stood by me and trusted that it was what we needed to do. Guys, the women, the girls out there that fall for us knuckleheads are the best there is. Dont take your lady for granted because whomever will stand by you through those worst of times is your best friend.

Okay so, I'll walk everyone through the adventure and time frames...

I was arrested in AZ Jan 2013 after 10 years on the run. I served about 3 years total on a 54 month sentence. 18 months in DOC, 6 months CAE, 1 year ankle monitor. Shortly after the ankle bracelet came off, I screwed up ad broke parole. Its difficult to vanish into thin air in the very same city you caught your charge in but we managed.

So Jan 2013 arrested and brought back to CO. As she explained I took shuttles and sometimes just myslfl and one officer would make a dent in the 12 hour trip, usually 2 hours drive time between county jail stops. Took me two weeks to get back to Springs and CJC. From CJC to Fremont county for parole revocation hearing. In walks my parole officer and I was literally scared with my knees shaking a little bit. However, she held no grugdes and stayed professional (Thank you Ms C!). I ended up with a 6 month turnaround and back on parole only to finish what was left of my 54 month original sentence.

Apparently some laws had changed but I know they could have done worse, To this day I am grateful for the entire experience. I did my 6 months, returned to Springs for one year of parole I owed the state of CO. The year seemingly flew by and I was done with DOC in July of 2014.

I now find myself back in Arizona with my family and it all seems like WTF did I run for and why did I put my family and loved ones through that?? They all stood by me and even contributed to the monetary cost involved...and for that I thank them. I was able to see my children grow up. By the time I was arrested and brought back they were way past their cute fun stage and getting into the awkward weird kid stage so it all worked out...lol...I'm kidding

Any questions I would be happy to help
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