Good Time Law in Colorado: Earned Credits, Caps, and Parole

Good time law in Colorado, formally called earned time, lets people in state prison shorten their sentences by up to 10 days a month (12 days for some lower-level felonies), with the total reduction capped at 30 percent of the imposed sentence. County jail inmates earn credits under a separate rule that can take roughly a third off a jail term. Credits are not automatic, they can be withdrawn for misconduct, and they interact with parole eligibility in ways that matter more than the monthly rate.

How Many Days You Can Earn Each Month

The baseline rate under C.R.S. 17-22.5-405 is up to 10 days per month of incarceration. Most people serving state prison sentences fall into this tier, and credits accrue monthly.¹

A higher rate of up to 12 days per month is available for people serving sentences for class 4, class 5, or class 6 felonies, or level 3 or level 4 drug felonies. To qualify, you need a clean disciplinary record (no class I violations in the past 24 months and no class II violations in the past 12 months), you must stay compliant with your assigned programs, and you cannot have prior or current convictions for certain sex offenses or crimes listed under Colorado’s victim rights statute.¹

On top of monthly earned time, the statute authorizes achievement earned time as a separate bonus when an inmate completes a milestone or phase of an educational program. The DOC sets the specific amounts through policy.¹

There is also an earned release time provision that can move release forward by up to 60 days for class 4 and class 5 felonies or level 3 drug felonies, and up to 30 days for class 6 felonies or level 4 drug felonies. Eligibility mirrors the 12-day tier, and the parole board and the DOC’s time computation unit coordinate the actual release date.¹

The 30 Percent Cap

No matter how many days per month you earn, Colorado law caps the total earned-time reduction at 30 percent of the sentence. For certain inmates the cap is 25 percent. On a 10-year sentence, that means earned time alone cannot take off more than three years. For longer sentences, the cap matters more than the monthly rate, because even at 10 days a month you hit the ceiling before your sentence runs out.¹

What You Actually Have To Do

Earned time is not a reward for staying quiet. The DOC certifies credits based on consistent progress across several categories: performance in work assignments and training, conduct in group living, participation in counseling and self-help programs, and progress toward the goals set during diagnostic intake. Inmates who mentor others, volunteer for community service, or take actions that improve facility safety and culture can earn additional credit for leadership.¹

Reviews happen annually for people in prison and semiannually for those on parole. When earned time is granted, it vests immediately and becomes part of your official sentence calculation, though it can still be withdrawn later for a serious violation.¹

County Jail Time Works Differently

If you are serving time in a county jail rather than state prison, a separate statute applies. Under C.R.S. 17-26-109, inmates who follow jail rules and complete their assigned duties earn a 7-day deduction for every 30 days on the sentence, prorated from the first day.²

An additional 3 days per 30 is available for inmates who complete a designated program or educational activity, work inside or outside the jail, perform that work credibly, and get the sheriff’s approval. Combined, the maximum is 10 days off for every 30 served, or about one-third of the sentence.²

Sheriffs have broad discretion over who qualifies for the extra 3-day credit, so policies vary by county. The 7-day good behavior deduction is more standardized, but it can still be forfeited for rule violations or refusing assigned duties.

Convictions That Limit or Block Credits

Some convictions shrink or shut off the benefit of earned time.

Crimes of Violence

Crimes of violence under C.R.S. 18-1.3-406 carry mandatory minimum sentences. The category includes murder, first and second degree assault, kidnapping, sexual offenses, aggravated robbery, first degree arson, and first degree burglary, plus any crime committed with a deadly weapon or that caused serious bodily injury. Someone sentenced for a crime of violence must serve at least the midpoint of the presumptive range with no suspension. Earned time still applies, but the mandatory minimum, the 25 or 30 percent cap, and a 75 percent parole eligibility threshold combine to shrink the practical benefit.³

Indeterminate Sex Offense Sentences

Colorado sentences most sex offenders to indeterminate terms: a court-set minimum based on the presumptive range for the felony class, with a maximum of natural life. If the sex offense was also a crime of violence, the minimum starts at the midpoint. Habitual sex offenders against children face minimums of at least three times the upper limit of the presumptive range.⁴

People in this group can earn credits, but there is no automatic 50 percent parole eligibility date. Earned time reduces the minimum you must serve; release still depends on the parole board’s assessment of risk and treatment progress.

Habitual Criminal Sentences

Colorado’s habitual criminal statute lengthens sentences for repeat offenders. A class 1 or 2 felony conviction, or a class 3 felony that qualifies as a crime of violence, combined with two prior felonies, brings a mandatory life sentence with no parole eligibility for at least 40 years. For less severe habitual sentences, two priors within 10 years trigger three times the maximum presumptive range and three priors trigger four times the maximum. At those lengths the 30 percent cap still binds, so the inmate serves decades even with maximum credits accruing.⁵

Exclusions From the 12-Day Rate

Some inmates serving lower-level felonies that would otherwise qualify for 12 days per month are locked out of that tier by prior convictions. The statute excludes people convicted of sexual assault on a child, sexual exploitation of a child, internet luring of a child, child abuse, human trafficking of a minor, and unlawful possession or use of weapons in certain circumstances. A single prior conviction for any of these permanently drops you back to the 10-day maximum.¹

How Earned Time Moves Parole Eligibility

Earned time does more than shave the back end of a sentence. It moves your parole eligibility date forward, and the math is straightforward.

For standard felonies (class 2 through 6 and all drug felony levels), you become eligible for parole after serving 50 percent of the imposed sentence, minus any earned time credits. On a 10-year sentence, maximum earned time can make you parole-eligible well before the 5-year mark.⁶

For certain violent offenses committed on or after July 1, 2004, the threshold jumps to 75 percent. That bar applies to second degree murder, first degree assault, first degree kidnapping (unless charged as a class 1 felony), first degree arson, first degree burglary, and aggravated robbery. Earned time still reduces the number, but from a larger starting point. Prior violent crime convictions also push you into the 75 percent group, and two or more prior violent convictions come with further restrictions on parole hearings.⁶

Reaching eligibility is not release. The Colorado State Board of Parole evaluates your disciplinary record, program participation, institutional behavior, victim input, and your plans for housing and employment. The board has full discretion to deny parole based on public safety concerns, regardless of how many credits have accumulated.

Earned Time During Mandatory Parole

Most Colorado felony sentences include a mandatory parole period that starts as soon as the incarceration portion ends. If you are on mandatory parole for a nonviolent felony, you can continue to earn credits under C.R.S. 17-22.5-405, which shortens the parole period itself. The DOC reviews parolees semiannually and credits vest at that review.⁷

If parole is revoked and you are returned to prison, you cannot earn time during that reincarceration. Eligibility resumes only after you are reparoled. A revocation freezes further credits until you are back out on supervision.⁷

Mandatory parole for sex offenses is treated differently. The prison sentence is not considered discharged when the person is released on parole, which changes how earned time interacts with the indeterminate structure.⁷

Losing and Restoring Credits

Earned time that has been granted and applied to your release calculation can still be taken back. The DOC can grant, withhold, withdraw, or restore deductions based on your performance record.¹

Revocation follows a disciplinary process. Violent altercations, contraband, and refusing to participate in assigned programs can trigger a misconduct report. A disciplinary board reviews the report, and a finding against you can lead to partial or full forfeiture of previously earned credits. The sentence length is then recalculated.

Under the U.S. Supreme Court’s decision in Wolff v. McDonnell, prison disciplinary proceedings that affect earned credits must include basic due process protections: written notice of the charges, a written statement of the evidence relied on, and the chance to call witnesses and present evidence. Prison officials can limit the witness right when it would pose a genuine safety risk, but they cannot skip the hearing.⁸

Restoration is possible. If you lose credits and later show rehabilitative progress through programs such as anger management or substance abuse treatment, the DOC can restore some or all of the withdrawn time at a later annual review. Restoration is discretionary and requires a formal request.