Rule 106 in Colorado

Correcting Miscalculated Prison Sentences

If you or a loved one is serving a sentence and believe it’s been miscalculated, the uncertainty can be overwhelming.

At its core, Rule 106 of the Colorado Rules of Civil Procedure provides a legal avenue to challenge certain errors, such as miscalculated parole eligibility dates (PED) or mandatory release dates (MRD).

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Here’s what you need to know

Understanding Key Dates: PED and MRD

Time computation of the Colorado Department of Corrections (DOC) calculates two critical dates for every inmate:

Parole Eligibility Date (PED): The date when an inmate becomes eligible for parole.
Mandatory Release Date (MRD): The date when an inmate completes their full sentence, assuming they are not released early on parole.

Ordinarily, inmates convicted of a felony become eligible for parole after serving 50% of their sentence (See § 17-22.5-403(1), C.R.S. ). However, certain violent crimes require serving significantly more time before becoming parole eligible.

Additionally, credits such as "earned time" and "good time" can reduce both the PED and MRD.

To find an inmate’s PED or MRD, visit the Colorado DOC Inmate Locator. You’ll need the inmate’s DOC number or full name to access their details.

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What Happens if There’s an Error?

While rare, mistakes in calculating an inmate’s PED or MRD can happen. If you believe your sentence has been miscalculated:

Start with the DOC: Raise your concerns with your case manager or other DOC authorities.
Seek Legal Guidance: If your concerns aren’t addressed, a knowledgeable attorney can help you understand if the calculation aligns with Colorado’s laws and determine the best course of action.

Sentence calculations can be straightforward but often become complex when multiple sentences are involved. These situations require a deep understanding of Colorado law, including landmark cases like Fetzer v. People and Diehl v. Weiser.

Contact a Rule 106 Specialist

Legal Options for Correcting Sentence Errors

If you believe your PED or MRD is wrong and DOC has not resolved the issue, two legal remedies may be available:

1.

Rule 106 (Mandamus)

Rule 106 is commonly used by inmates still serving their sentences to compel the DOC to correct errors. Essentially, it seeks a court order requiring the DOC to recalculate an inmate’s PED or MRD according to the law.

2.

Writ of Habeas Corpus

This option is for situations where an inmate is unlawfully detained—for example, if they’ve already passed their MRD but remain in custody. A writ of habeas corpus requests immediate release based on illegal confinement.

However, habeas corpus claims must make a strong case to proceed. Courts will dismiss petitions that don’t demonstrate clear evidence of invalid confinement or a significant constitutional violation.

Why Experience Matters

With years of experience presiding over prison-inmate litigation, including Rule 106 mandamus actions and habeas corpus claims, Ramsey Lama has seen firsthand how these cases unfold. Mr. Lama is familiar with the complexities of these legal processes and the strategies used by the Colorado Attorney General in such matters.

By working with Ramsey Lama Law, you can gain clarity and peace of mind. Mr. Lama will evaluate whether your claim has merit, saving you time, money, and unnecessary stress. Serving a sentence is challenging enough—you shouldn’t have to worry about whether your time is being calculated correctly.

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Ramsey Lama Law is a criminal defense, post-conviction, and appeals attorney based in Cañon City and serving all of Colorado.

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