Early termination of probation may be available if you complete your sentencing terms ahead of schedule.

Getting off probation early is not automatic. You need to file a motion with the court as well as notify the probation officer and district attorney. The judge may then hold a hearing on the matter and release you from probation if “good cause” is shown.

Below, our Colorado criminal defense attorneys discuss the following frequently asked questions:

• 1. What is probation in Colorado?
• 2. When can I be released from probation early?
• 3. How do I request early termination of probation?
• 4. What are the grounds for early termination of probation?
• 5. What are the benefits?
• 6. How will the court decide whether to grant me early release?
• Additional resources

1. What is probation in Colorado?

Probation is an alternative to incarceration. You are often placed on probation as part of a plea agreement. If you are placed on probation, you will not have to go to or remain in prison or jail, subject to:

• Supervision by the Colorado Probation Department for the county in which you reside; and
• Compliance with the terms of your probation placed on you by the court.

2. When can I be released from probation early?

CRS 18-1.3-204 is the Colorado code section that describes the process for early termination of probation. In Colorado, you may be released early from probation at the discretion of the court if:

• good cause is shown; and
• after notice to you, the district attorney, and the probation officer.

A hearing may be held if either you or district attorney requests it. At such time, the judge may reduce your term of probation, alter your conditions or impose new conditions.¹

Is there a certain amount of time I have to serve before requesting early termination?

No. While a court may consider the amount of time you have spent on probation when making its decision, there is no specific amount of time you must first serve before requesting early termination of probation.

3. How do I request early termination of probation?

You must file a motion requesting it to receive early termination from probation.² The motion must include:

• your name;
• your case number;
• your attorney;
• your sentencing date; and
• your expected termination date of probation.

Each court has its own form, and you can acquire the correct form from your attorney.

Do I have to attend a hearing?

Maybe. A hearing on the motion is not required, unless either the district attorney or you request a hearing. If a hearing is requested, it is then required. At the hearing you, with your attorney, will:

• request the early termination;
• provide proof of compliance with probation conditions;
• provide proof of payment of all fees, court costs, and restitution; and
• argue against the district attorney if they challenge your request.

4. What are the grounds for early termination of probation?

To request early termination, you must state a reason for early termination. You may state any of the following as a reason for early release:

• You have completed all conditions of probation (for example, community service hours, classes, treatment, etc.);
• You have paid all fines, fees, court costs, and restitution;
• You have not re-offended or had any contact with law enforcement since sentencing;
• You have been compliant with monitored sobriety with no missed or positive tests;
• Your probation officer has no objection to early termination; or
• For another reason which you may provide.³

If you wish to give another reason, you must describe that reason with specificity.

5. What are the benefits?

You may wish to terminate your probation early for a number of reasons, including:

• saving money on probation fees,
• saving money on drug and alcohol testing costs;
• gaining freedom from unnecessary restrictions;
• less stress;
• eliminating check-ins and other annoying requirements; and
• regaining the freedom to travel without restriction.

Once you have completed the major requirements of probation, it makes no sense to continue to pay the monthly cost of being on probation, when you have already paid your due.

Example: As part of a plea bargain, Chris was sentenced to probation for two years after a Colorado DUI. After 11 months, he had completed all of his major requirements, including the payment of all fees and costs. However, if he did not request early release, he would have to serve 13 more months of probation, at a $50 a month fee. There was no reason to continue this, so Chris hired an attorney to get released early, saving him money and allowing him to travel to see family on the beach in California.

6. How will the court decide whether to grant me early release?

The court will consider various factors when deciding whether to grant you early release from probation, including:

• your compliance with alcohol and drug testing;
• your compliance with counseling requirements;
• the opinion of the district attorney;
• recommendations of the probation officer;
• the amount of time remaining on probation;
• whether your early release is in the best interests of the community;⁴
• your payment of fines, fees, and costs; and
• your criminal history.

Each of these factors may be considered in deciding to either grant or deny your motion.

Additional resources

For official information on probation in Colorado, refer to the following:

• General Probation Information – Colorado Judicial Branch.
• Probation Department by County – Colorado Judicial Branch.
• Colorado Probation Fact Sheet – General information by the Office of the State Court Administrator, Division of Probation Services.
• Adult Conditions of Probation – Possible terms of probation by the Colorado Judicial Department for use in the Courts of Colorado.
• Moving States while on Probation – Interstate Commission for Adult Offender Supervision.

---

Legal References: