C.R.S.A. T. 18, Refs & Annos

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121

C.R.S.A. T. 18, Art. 1, Refs & Annos

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 1. Provisions Applicable to Offenses Generally

C.R.S.A. § 18-1-101

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 1. Purpose and Scope of Code--Classification of Offenses

§ 18-1-101. Citation of title 18

(1) This title shall be known and may be cited as the “Colorado Criminal Code”; within this title, the “Colorado Criminal Code” is sometimes referred to as “this code”.

(2) The portion of any section, subsection, paragraph, or subparagraph contained in this code which precedes a list of examples, requirements, conditions, or other items may be referred to and cited as the “introductory portion” of the section, subsection, paragraph, or subparagraph.

C.R.S.A. § 18-1-102

Effective: August 10, 2011

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 1. Purpose and Scope of Code--Classification of Offenses

§ 18-1-102. Purpose of code, statutory construction

(1) This code shall be construed in such manner as to promote maximum fulfillment of its general purposes, namely:

(a) To define offenses, to define adequately the act and mental state which constitute each offense, to place limitations upon the condemnation of conduct as criminal when it is without fault, and to give fair warning to all persons concerning the nature of the conduct prohibited and the penalties authorized upon conviction;

(b) To forbid the commission of offenses and to prevent their occurrence through the deterrent influence of the sentences authorized; to provide for the rehabilitation of those convicted and their punishment when required in the interests of public protection;

(c) To differentiate on reasonable grounds between serious and minor offenses, and prescribe penalties which are proportionate to the seriousness of offenses and which permit recognition of differences in rehabilitation possibilities as between individual offenders;

(d) To prevent arbitrary or oppressive treatment of persons accused or convicted of offenses and to identify certain minimum standards for criminal justice which, within the concept of due process of law, have the stature of substantive rights of persons accused of crime;

(e) To promote acceptance of responsibility and accountability by offenders and to provide restoration and healing for victims and the community while attempting to reduce recidivism and the costs to society by the use of restorative justice practices.

CREDIT(S)

Amended by Laws 2011, Ch. 296, § 4, eff. Aug. 10, 2011.

C.R.S.A. § 18-1-102.5

Effective: August 10, 2011

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 1. Purpose and Scope of Code--Classification of Offenses

§ 18-1-102.5. Purposes of code with respect to sentencing

(1) The purposes of this code with respect to sentencing are:

(a) To punish a convicted offender by assuring the imposition of a sentence he deserves in relation to the seriousness of his offense;

(b) To assure the fair and consistent treatment of all convicted offenders by eliminating unjustified disparity in sentences, providing fair warning of the nature of the sentence to be imposed, and establishing fair procedures for the imposition of sentences;

(c) To prevent crime and promote respect for the law by providing an effective deterrent to others likely to commit similar offenses;

(d) To promote rehabilitation by encouraging correctional programs that elicit the voluntary cooperation and participation of convicted offenders;

(e) To select a sentence, a sentence length, and a level of supervision that addresses the offender's individual characteristics and reduces the potential that the offender will engage in criminal conduct after completing his or her sentence; and

(f) To promote acceptance of responsibility and accountability by offenders and to provide restoration and healing for victims and the community while attempting to reduce recidivism and the costs to society by the use of restorative justice practices.

CREDIT(S)

Added by Laws 1979, H.B.1589, § 15. Amended by Laws 2011, Ch. 96, § 1, eff. Aug. 10, 2011; Laws 2011, Ch. 296, § 5, eff. Aug. 10, 2011.

C.R.S.A. § 18-1-103

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West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 1. Purpose and Scope of Code--Classification of Offenses

§ 18-1-103. Scope and application of code

(1) Except as otherwise expressly provided by sections 18-1.3-402 and 18-1.3-504, or unless the context otherwise requires, the provisions of this code govern the construction of and punishment for any offense defined in any statute of this state, whether in this title or elsewhere, and which is committed on or after July 1, 1972, as well as the construction and application of any defense to a prosecution for such an offense.

(2) Except as otherwise provided by section 18-1-410, the provisions of this code do not apply to or govern the construction of, prosecution for, and punishment for any offense committed prior to July 1, 1972, or the construction and application of any defense to a prosecution for such an offense. Such an offense shall be tried and disposed of according to the provisions of law existing at the time of the commission thereof in the same manner as if this code had not been enacted. All pending actions shall proceed to final disposition in the same manner as if this code had not been enacted.

(3) The provisions of this code do not bar, suspend, or otherwise affect any right or liability to damages, penalty, forfeiture, or other remedy authorized by law to be recovered or enforced in a civil action for any conduct which this code makes punishable; and the civil injury is not merged in the offense.

CREDIT(S)

Amended by Laws 1995, H.B.95-1090, § 8, eff. March 9, 1995; Laws 2002, Ch. 318, § 176, eff. Oct. 1, 2002.

C.R.S.A. § 18-1-104

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 1. Purpose and Scope of Code--Classification of Offenses

§ 18-1-104. “Offense” defined--offenses classified--common-law crimes abolished

(1) The terms “offense” and “crime” are synonymous and mean a violation of, or conduct defined by, any state statute for which a fine or imprisonment may be imposed.

(2) Each offense falls into one of eleven classes. There are six classes of felonies as defined in section 18-1.3-401, three classes of misdemeanors as defined in section 18-1.3-501, and two classes of petty offenses as defined in section 18-1.3-503.

(3) Common-law crimes are abolished and no conduct shall constitute an offense unless it is described as an offense in this code or in another statute of this state, but this provision does not affect the power of a court to punish for contempt, or to employ any sanction authorized by law for the enforcement of an order lawfully entered, or a civil judgment or decree; nor does it affect the use of case law as an interpretive aid in the construction of the provisions of this code.

CREDIT(S)

Amended by Laws 1989, S.B.246, § 39; Laws 2002, Ch. 318, § 177, eff. Oct. 1, 2002.

C.R.S.A. § 18-1-105

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 1. Purpose and Scope of Code--Classification of Offenses

§§ 18-1-105 to 18-1-110. Repealed by Laws 2002, Ch. 318, § 3, eff. Oct. 1, 2002

C.R.S.A. § 18-1-106

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 1. Purpose and Scope of Code--Classification of Offenses

§§ 18-1-105 to 18-1-110. Repealed by Laws 2002, Ch. 318, § 3, eff. Oct. 1, 2002

C.R.S.A. § 18-1-107

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 1. Purpose and Scope of Code--Classification of Offenses

§§ 18-1-105 to 18-1-110. Repealed by Laws 2002, Ch. 318, § 3, eff. Oct. 1, 2002

C.R.S.A. § 18-1-108

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 1. Purpose and Scope of Code--Classification of Offenses

§§ 18-1-105 to 18-1-110. Repealed by Laws 2002, Ch. 318, § 3, eff. Oct. 1, 2002

C.R.S.A. § 18-1-109

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 1. Purpose and Scope of Code--Classification of Offenses

§§ 18-1-105 to 18-1-110. Repealed by Laws 2002, Ch. 318, § 3, eff. Oct. 1, 2002

C.R.S.A. § 18-1-110

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 1. Purpose and Scope of Code--Classification of Offenses

§§ 18-1-105 to 18-1-110. Repealed by Laws 2002, Ch. 318, § 3, eff. Oct. 1, 2002

C.R.S.A. T. 18, Art. 1, Pt. 2, Refs & Annos

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 1. Provisions Applicable to Offenses Generally

Part 2. Jurisdiction and Place of Trial

C.R.S.A. § 18-1-201

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 2. Jurisdiction and Place of Trial (Refs & Annos)

§ 18-1-201. State jurisdiction

(1) A person is subject to prosecution in this state for an offense which he commits, by his own conduct or that of another for which he is legally accountable, if:

(a) The conduct constitutes an offense and is committed either wholly or partly within the state; or

(b) The conduct outside the state constitutes an attempt, as defined by this code, to commit an offense within the state; or

(c) The conduct outside the state constitutes a conspiracy to commit an offense within the state, and an act in furtherance of the conspiracy occurs in the state; or

(d) The conduct within the state constitutes an attempt, solicitation, or conspiracy to commit in another jurisdiction an offense prohibited under the laws of this state and such other jurisdiction.

(2) An offense is committed partly within this state if conduct occurs in this state which is an element of an offense or if the result of conduct in this state is such an element. In homicide, the “result” is either the physical contact which causes death or the death itself; and if the body of a criminal homicide victim is found within the state, the death is presumed to have occurred within the state.

(3) Whether an offender is in or outside of the state is immaterial to the commission of an offense based on an omission to perform a duty imposed by the law of this state.

C.R.S.A. § 18-1-202

Effective: July 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 2. Jurisdiction and Place of Trial (Refs & Annos)

§ 18-1-202. Place of trial

(1) Except as otherwise provided by law, criminal actions shall be tried in the county where the offense was committed, or in any other county where an act in furtherance of the offense occurred.

(2) If a person committing an offense upon the person of another is in one county and his victim is in another county at the time of the commission of an act constituting an element of the offense, the offense is committed and trial may be had in either of said counties.

(3) In a case involving the death of a person, the offense is committed and the offender may be tried in any county in which the cause of death is inflicted, or in which death occurs, or in which the body of the deceased or any part of such body is found.

(4) Theft of property is committed and the offender may be tried in any county in which he exercised control over the property.

(5) If the commission of an offense commenced outside the state is consummated within this state, the offense is committed and the offender shall be tried in the county where the offense is consummated.

(6) If an offense is committed in or upon any automobile, trailer, railroad car, aircraft, or other vehicle of transportation passing within or over this state, the offense is deemed to have been committed and the offender may be tried in any county through or over which the vehicle of transportation passed.

(7)(a) When multiple crimes are based upon the same act or series of acts arising from the same criminal episode and are committed in several counties, the offender may be tried in any county in which any one of the individual crimes could have been tried, regardless of whether or not the counties are in the same judicial district.

(b)(I) For purposes of this subsection (7), when a person commits one of the offenses listed in subparagraph (II) of this paragraph (b) on two or more occasions within a six-month period, it may be considered part of the same criminal episode. Nothing in this subsection (7) shall bar prosecution of an offense that could have been joined in another prosecution.

(II) The provisions of subparagraph (I) of this paragraph (b) shall apply to the following offenses:

(A) Theft, as defined in section 18-4-401;

(B) Theft of rental property, as defined in section 18-4-402;

(D) Criminal mischief, as defined in section 18-4-501;

(E) Fraud by check, as defined in section 18-5-205;

(F) Defrauding a secured creditor or debtor, as defined in section 18-5-206;

(G) Failure to pay over assigned accounts, as defined in section 18-5-502;

(H) Concealment or removal of secured property, as defined in section 18-5-504;

(I) Failure to pay over proceeds, as defined in section 18-5-505;

(J) Unauthorized use of a financial transaction device, as defined in section 18-5-702;

(K) Computer crime, as defined in section 18-5.5-102;

(L) Procuring food or accommodation with intent to defraud, as defined in section 12-44-102, C.R.S.;

(M) Trafficking in food stamps, as defined in section 26-2-306, C.R.S.;

(N) Unlawful use of a patient personal needs trust fund, as defined in section 25.5-6-206, C.R.S.;

(O) Criminal tampering with a motor vehicle, as defined in section 42-5-103, C.R.S.;

(P) Theft of motor vehicle parts, as defined in section 42-5-104, C.R.S.;

(Q) Theft in connection with assistive technology, as described in section 6-1-409, C.R.S.;

(R) Theft of farm products, as defined in section 12-16-118, C.R.S.;

(S) Fraud in connection with obtaining public assistance, as described in section 26-1-127, C.R.S.;

(T) Fraud in connection with obtaining food stamps, as described in section 26-2-305, C.R.S.;

(U) An offense described in part 1 of article 5 of this title;

(V) Forgery, as defined in sections 18-5-102 and 18-5-104; and

(W) Identity theft, as defined in section 18-5-902.

(c)(I) For an indictment or information that includes an offense described in article 5 of this title, the offender may be tried in a county where the offense occurred, in a county where an act in furtherance of the offense occurred, or in a county where a bank, savings and loan, credit union, or government agency processed a document or transaction related to the offense.

(II) For the purpose of this section, “processed” means to physically handle a document or to make a written or electronic entry in a permanent or temporary record of the transaction, whether the entry is made manually or through automated means.

(8) An inchoate offense is committed and the offender may be tried in any county in which any act which is an element of the offense, including formation of the agreement in conspiracy, is committed.

(9) When a person in one county solicits, abets, agrees, aids, or attempts to aid another in the planning or commission of an offense in another county, the offense is committed and the offender may be tried for the offense in either county, or in any other county in which the principal offense could be tried.

(10) When an offense is committed on the boundary line between two counties, or so close thereto as to be difficult to readily ascertain in which county the offense occurred, the offense is committed and the offender may be tried for the offense in either county.

(11) Proof of the county in which the offense occurred or which county is the proper place for trial pursuant to this section shall not constitute an element of any offense and need not be proven by the prosecution at trial unless required by the statute defining the offense. Any challenge to the place of trial pursuant to this section shall be made by motion in writing no later than twenty-one days after arraignment, except for good cause shown. The court shall determine any such issue prior to the commencement of the trial and the selection of a jury. If the court finds that trial is not proper in the county in which the charges were filed, the court shall transfer the case to a court of appropriate jurisdiction in the proper county. Failure to challenge the place of trial as provided in this subsection (11) shall constitute a waiver of any objection to the place of trial. Pursuant to section 16-12-102(2), C.R.S., the prosecution may file an interlocutory appeal of a decision transferring the case to another county.

(12) If a person commits the offense of failure to register as a sex offender as provided in section 18-3-412.5, the offense is committed and the offender may be tried in the county in which the offender was released from incarceration for commission of the offense requiring registration, in the county in which the offender resides, in the county in which the offender completed his or her last registration, or in the county in which the offender is apprehended.

(13) If a person commits identity theft as described in section 18-5-902, identity theft is committed and the offender may be tried in any county where a prohibited act was committed, in any county where an act in furtherance of the offense was committed, or in any county where the victim resides during all or part of the offense. For purposes of this subsection (13), a business entity resides in any county in which it maintains a physical location.

CREDIT(S)

Amended by Laws 1984, S.B.172, § 4; Laws 1987, H.B.1139, § 10; Laws 1992, H.B.92-1078, § 12, eff. June 3, 1992; Laws 1995, H.B.95-1044, § 17, eff. July 1, 1995; Laws 1998, Ch. 221, § 2, eff. July 1, 1998; Laws 2002, Ch. 297, § 4, eff. July 1, 2002; Laws 2003, Ch. 134, § 15, eff. April 17, 2003; Laws 2003, Ch. 140, § 1, eff. April 17, 2003; Laws 2004, Ch. 365, § 3, eff. July 1, 2004; Laws 2006, Ch. 289, §§ 1, 2, eff. July 1, 2006; Laws 2006, Ch. 355, § 60, eff. July 1, 2006; Laws 2011, Ch. 107, § 1, eff. Aug. 10, 2011; Laws 2011, Ch. 224, § 8, eff. Aug. 10, 2011; Laws 2012, Ch. 208, § 101, eff. July 1, 2012.

C.R.S.A. T. 18, Art. 1, Pt. 3, Refs & Annos

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 1. Provisions Applicable to Offenses Generally

Part 3. When Prosecution Barred by Former Proceedings

C.R.S.A. § 18-1-301

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 3. When Prosecution Barred by Former Proceedings (Refs & Annos)

§ 18-1-301. Second trial barred by former prosecution for same offense

(1) If a prosecution is for a violation of the same provision of law and is based upon the same facts as a former prosecution, it is barred by the former prosecution under the following circumstances:

(a) The former prosecution resulted in an acquittal. There is an acquittal if the prosecution resulted in a finding of not guilty by the trier of fact or in a determination that there was insufficient evidence to warrant a conviction. A finding of guilty of a lesser included offense is an acquittal of the greater inclusive offense even though the conviction is subsequently set aside.

(b) The former prosecution was terminated by a final order or judgment for the defendant that has not been set aside, reversed, or vacated, and that necessarily required a determination inconsistent with a fact or a legal proposition that must be established for conviction of the offense.

(c) The former prosecution resulted in a conviction. There is a conviction if the prosecution resulted in a judgment of conviction that has not been reversed or vacated, a verdict of guilty that has not been set aside and that is capable of supporting a judgment, or a plea of guilty accepted by the court. In the latter two instances, failure to enter judgment must be for a reason other than a motion of the defendant.

(d) The former prosecution was improperly terminated. Except as otherwise provided in subsection (2) of this section, there is an improper termination of a prosecution if the termination is for reasons not amounting to an acquittal, and it takes place after the jury is sworn if the case is tried by a jury or after the first prosecution witness is sworn if trial is by court following waiver of jury trial.

(2) Termination is not improper under any of the following circumstances:

(a) The defendant consents to the termination or waives his right to object to the termination. The defendant is deemed to have waived all objections to a termination of the trial unless his objections to the order of termination are made of record at the time of the entry thereof.

(b) The trial court finds that:

(I) The termination is necessary because it is physically impossible to proceed with the trial in conformity with the law; or

(II) There is a legal defect in the proceedings that would make any judgment entered upon a verdict reversible as a matter of law; or

(III) Prejudicial conduct has occurred in or outside the courtroom making it unjust either to the defendant or to the state to proceed with the trial; or

(IV) The jury is unable to agree upon a verdict; or

(V) False statements of a juror on voir dire prevent a fair trial.

C.R.S.A. § 18-1-302

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 3. When Prosecution Barred by Former Proceedings (Refs & Annos)

§ 18-1-302. Second trial barred by former prosecution for different offense

(1) Although a prosecution is for a violation of a different provision of law than a former prosecution or is based on different facts, it is barred by the former prosecution under the following circumstances:

(a) The former prosecution resulted in an acquittal or a conviction as defined in section 18-1-301(1)(a) and (1)(c) and the subsequent prosecution is for:

(I) Any offense of which the defendant could have been convicted under the allegation of the complaint, information, or indictment of the first prosecution; or

(II) The same conduct, unless the offense of which the defendant was formerly convicted or acquitted and the offense for which he is subsequently prosecuted each requires proof of a fact not required by the other and the law defining each of the offenses is intended to prevent a substantially different harm or evil or the second offense was not consummated when the former trial began.

(b) The former prosecution was terminated by an acquittal or by a final order or judgment for the defendant that has not been set aside, reversed, or vacated and that necessarily required a determination inconsistent with a fact that must be established for conviction of the second offense.

(c) The former prosecution was improperly terminated, as improper termination is defined in section 18-1-301(1)(d) and (2), and the subsequent prosecution is for an offense of which the defendant could have been convicted had the former prosecution not been improperly terminated.

C.R.S.A. § 18-1-303

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 3. When Prosecution Barred by Former Proceedings (Refs & Annos)

§ 18-1-303. Second trial barred by prosecution in another jurisdiction

(1) If conduct constitutes an offense within the concurrent jurisdiction of this state and of the United States, or another state, or of a municipality, a prosecution in any other of these jurisdictions is a bar to a subsequent prosecution in this state under either of the following circumstances:

(a) The first prosecution resulted in a conviction or an acquittal as defined in section 18-1-301(1)(a) and (1)(c), and the subsequent prosecution is based on the same conduct, unless:

(I) The offense for which the defendant was formerly convicted or acquitted requires proof of a fact not required by the offense for which he is subsequently prosecuted and the law defining each of the offenses is intended to prevent a substantially different harm or evil; or

(II) The second offense was not consummated when the former trial began.

C.R.S.A. § 18-1-304

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 3. When Prosecution Barred by Former Proceedings (Refs & Annos)

§ 18-1-304. Former prosecution not a bar

(1) A former prosecution is not a bar within the meaning of sections 18-1-301 to 18-1-303, if the former prosecution:

(a) Was before a court that lacked jurisdiction over the defendant or the offense; or

(b) Was procured by the defendant without the knowledge of the appropriate prosecuting official and with the intent to avoid the sentence that otherwise might be imposed; or

(c) Resulted in a judgment of conviction that was set aside, reversed, or vacated upon appeal or in any other subsequent judicial proceeding.

C.R.S.A. T. 18, Art. 1, Pt. 4, Refs & Annos

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 1. Provisions Applicable to Offenses Generally

Part 4. Rights of Defendant

C.R.S.A. § 18-1-401

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 4. Rights of Defendant (Refs & Annos)

§ 18-1-401. Purpose

It is the intent of this part 4 to confer upon every person accused of an offense the benefits arising from said part 4 as a matter of substantive right, in implementation of minimum standards of criminal justice within the concept of due process of law.

C.R.S.A. § 18-1-402

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West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 4. Rights of Defendant (Refs & Annos)

§ 18-1-402. Presumption of innocence

Every person is presumed innocent until proved guilty. No person shall be convicted of any offense unless his guilt thereof is proved beyond a reasonable doubt.

C.R.S.A. § 18-1-403

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West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 4. Rights of Defendant (Refs & Annos)

§ 18-1-403. Legal assistance and supporting services

Except as provided in section 16-5-501, C.R.S., all indigent persons who are charged with or held for the commission of a crime are entitled to legal representation and supporting services at state expense, to the extent and in the manner provided for in articles 1 and 2 of title 21, C.R.S.

CREDIT(S)

Amended by Laws 1981, H.B.1002, § 2; Laws 1996, S.B.96-205, § 4, eff. May 23, 1996.

C.R.S.A. § 18-1-404

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 4. Rights of Defendant (Refs & Annos)

§ 18-1-404. Preliminary hearing or waiver--dispositional hearing

(1) Every person accused of a class 1, 2, or 3 felony by direct information or felony complaint has the right to demand and receive a preliminary hearing within a reasonable time to determine whether probable cause exists to believe that the offense charged in the information has been committed by the defendant. In addition, only those persons accused of a class 4, 5, or 6 felony by direct information or felony complaint which felony requires mandatory sentencing or is a crime of violence as defined in section 18-1.3-406, or is a sexual offense under part 4 of article 3 of this title, shall have the right to demand and receive a preliminary hearing within a reasonable time to determine whether probable cause exists to believe that the offense charged in the information or felony complaint was committed by the defendant. The procedure to be followed in asserting the right to a preliminary hearing, and the time within which demand therefor must be made, as well as the time within which the hearing, if demanded, shall be had, shall be as provided by rule of the supreme court of the state of Colorado. A failure to observe and substantially comply with such rule is a waiver of the right to a preliminary hearing.

(2)(a) No person accused of a class 4, 5, or 6 felony by direct information or felony complaint, except those which require mandatory sentencing or which are crimes of violence as defined in section 18-1.3-406, or which are sexual offenses under part 4 of article 3 of this title, shall have the right to demand or receive a preliminary hearing; except that such person shall participate in a dispositional hearing for the purposes of case evaluation and potential resolution.

(b) Any defendant accused of a class 4, 5, or 6 felony who is not otherwise entitled to a preliminary hearing pursuant to paragraph (a) of this subsection (2), may demand and shall receive a preliminary hearing within a reasonable time pursuant to subsection (1) of this section, if the defendant is in custody; except that, upon motion of either party, the court shall vacate the preliminary hearing if there is a reasonable showing that the defendant has been released from custody prior to the preliminary hearing.

CREDIT(S)

Amended by Laws 1998, Ch. 301, § 2, eff. July 1, 1998; Laws 2002, Ch. 318, § 178, eff. Oct. 1, 2002.

C.R.S.A. § 18-1-405

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 4. Rights of Defendant (Refs & Annos)

§ 18-1-405. Speedy trial

(1) Except as otherwise provided in this section, if a defendant is not brought to trial on the issues raised by the complaint, information, or indictment within six months from the date of the entry of a plea of not guilty, he shall be discharged from custody if he has not been admitted to bail, and, whether in custody or on bail, the pending charges shall be dismissed, and the defendant shall not again be indicted, informed against, or committed for the same offense, or for another offense based upon the same act or series of acts arising out of the same criminal episode.

(2) If trial results in conviction which is reversed on appeal, any new trial must be commenced within six months after the date of the receipt by the trial court of the mandate from the appellate court.

(3) If a trial date has been fixed by the court, and thereafter the defendant requests and is granted a continuance for trial, the period within which the trial shall be had is extended for an additional six-month period from the date upon which the continuance was granted.

(3.5) If a trial date has been fixed by the court and the defendant fails to make an appearance in person on the trial date, the period within which the trial shall be had is extended for an additional six-month period from the date of the defendant's next appearance.

(4) If a trial date has been fixed by the court, and thereafter the prosecuting attorney requests and is granted a continuance, the time is not thereby extended within which the trial shall be had, as is provided in subsection (1) of this section, unless the defendant in person or by his counsel in open court of record expressly agrees to the continuance or unless the defendant without making an appearance before the court in person or by his counsel files a dated written waiver of his rights to a speedy trial pursuant to this section and files an agreement to the continuance signed by the defendant. The time for trial, in the event of such agreement, is then extended by the number of days intervening between the granting of such continuance and the date to which trial is continued.

(5) To be entitled to a dismissal under subsection (1) of this section, the defendant must move for dismissal prior to the commencement of his trial and prior to any pretrial motions which are set for hearing immediately before the trial or prior to the entry of a plea of guilty to the charge or an included offense. Failure to so move is a waiver of the defendant's rights under this section.

(5.1) If a trial date is offered by the court to a defendant who is represented by counsel and neither the defendant nor his counsel expressly objects to the offered date as being beyond the time within which such trial shall be had pursuant to this section, then the period within which the trial shall be had is extended until such trial date and may be extended further pursuant to any other applicable provisions of this section.

(6) In computing the time within which a defendant shall be brought to trial as provided in subsection (1) of this section, the following periods of time shall be excluded:

(a) Any period during which the defendant is incompetent to stand trial, or is unable to appear by reason of illness or physical disability, or is under observation or examination at any time after the issue of the defendant's mental condition, insanity, incompetency, or impaired mental condition is raised;

(b) The period of delay caused by an interlocutory appeal whether commenced by the defendant or by the prosecution;

(c) A reasonable period of delay when the defendant is joined for trial with a codefendant as to whom the time for trial has not run and there is good cause for not granting a severance;

(d) The period of delay resulting from the voluntary absence or unavailability of the defendant; however, a defendant shall be considered unavailable whenever his whereabouts are known but his presence for trial cannot be obtained, or he resists being returned to the state for trial;

(e) The period of delay caused by any mistrial, not to exceed three months for each mistrial;

(f) The period of any delay caused at the instance of the defendant;

(g) The period of delay not exceeding six months resulting from a continuance granted at the request of the prosecuting attorney, without the consent of the defendant, if:

(I) The continuance is granted because of the unavailability of evidence material to the state's case, when the prosecuting attorney has exercised due diligence to obtain such evidence and there are reasonable grounds to believe that this evidence will be available at the later date; or

(II) The continuance is granted to allow the prosecuting attorney additional time in felony cases to prepare the state's case and additional time is justified because of exceptional circumstances of the case and the court enters specific findings with respect to the justification;

(h) The period of delay between the new date set for trial following the expiration of the time periods excluded by paragraphs (a), (b), (c), (d), and (f) of this subsection (6), not to exceed three months;

(i) The period of delay between the filing of a motion pursuant to section 18-1-202(11) and any decision by the court regarding such motion, and if such decision by the court transfers the case to another county, the period of delay until the first appearance of all the parties in a court of appropriate jurisdiction in the county to which the case has been transferred, and in such event the provisions of subsection (7) of this section shall apply.

(7) If a trial date has been fixed by the court and the case is subsequently transferred to a court in another county, the period within which trial must be had is extended for an additional three months from the date of the first appearance of all of the parties in a court of appropriate jurisdiction in the county to which the case has been transferred.

CREDIT(S)

Amended by Laws 1979, S.B.190, § 1; Laws 1985, S.B.159, §§ 6, 7; Laws 1987, H.B.1139, § 11; Laws 1988, H.B.1156, § 4; Laws 1992, H.B.92-1078, § 13, eff. June 3, 1992; Laws 1994, H.B.94-1126, § 4, eff. July 1, 1994; Laws 1999, Ch. 137, § 7, eff. July 1, 1999.

C.R.S.A. § 18-1-406

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 4. Rights of Defendant (Refs & Annos)

§ 18-1-406. Right to jury trial

(1) Except as otherwise provided in subsection (7) of this section, every person accused of a felony has the right to be tried by a jury of twelve whose verdict shall be unanimous. In matters involving misdemeanors, the accused is entitled to be tried by a jury of six. In matters involving “petty offenses”, the accused has the right to be tried by a jury under the terms and conditions of section 16-10-109, C.R.S.

(2) Except as to class 1 felonies, the person accused of a felony or misdemeanor may waive a trial by jury by express written instrument filed of record or by announcement in open court appearing of record.

(3) A defendant may not withdraw a voluntary and knowing waiver of trial by jury as a matter of right, but the court, in its discretion, may permit withdrawal of the waiver prior to the commencement of the trial.

(4) Except as to class 1 felonies, the defendant in any felony or misdemeanor case may, with the approval of the court, elect, at any time before the swearing in of the jury, or after the swearing in of the jury and before verdict, with the agreement of the district attorney and the approval of the court, to be tried by a number of jurors less than the number to which he would otherwise be entitled.

(5) Upon request of the defendant in advance of the commencement of the trial, the defendant shall be furnished with a list of prospective jurors who will be subject to call in the trial.

(6) Either the district attorney or the defendant may challenge the array on the ground that there has been a material departure from the requirements of the law governing the selection of jurors, but such challenge shall be made in writing setting forth the particular grounds upon which it is based and shall be filed prior to the swearing in of the jury selected to try the case.

(7) Except as to class 1 felonies, with respect to a twelve-person jury, if the court excuses a juror for just cause after the jury has retired to consider its verdict, the court in its discretion may allow the remaining eleven jurors to return the jury's verdict.

CREDIT(S)

Amended by Laws 1986, H.B.1230, § 3; Laws 1991, H.B.91-1086, § 7, eff. June 6, 1991; Laws 1994, H.B.94-1126, § 5, eff. July 1, 1994.

C.R.S.A. § 18-1-407

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 4. Rights of Defendant (Refs & Annos)

§ 18-1-407. Affirmative defense

(1) “Affirmative defense” means that unless the state's evidence raises the issue involving the alleged defense, the defendant, to raise the issue, shall present some credible evidence on that issue.

(2) If the issue involved in an affirmative defense is raised, then the guilt of the defendant must be established beyond a reasonable doubt as to that issue as well as all other elements of the offense.

C.R.S.A. § 18-1-408

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 4. Rights of Defendant (Refs & Annos)

§ 18-1-408. Prosecution of multiple counts for same act

(1) When any conduct of a defendant establishes the commission of more than one offense, the defendant may be prosecuted for each such offense. He may not be convicted of more than one offense if:

(a) One offense is included in the other, as defined in subsection (5) of this section; or

(b) One offense consists only of an attempt to commit the other; or

(d) The offenses differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of such conduct; or

(e) The offense is defined as a continuing course of conduct and the defendant's course of conduct was uninterrupted, unless the law provides that specific periods or instances of such conduct constitute separate offenses.

(2) If the several offenses are actually known to the district attorney at the time of commencing the prosecution and were committed within the district attorney's judicial district, all such offenses upon which the district attorney elects to proceed must be prosecuted by separate counts in a single prosecution if they are based on the same act or series of acts arising from the same criminal episode. Any offense not thus joined by separate count cannot thereafter be the basis of a subsequent prosecution; except that, if at the time jeopardy attaches with respect to the first prosecution against the defendant the defendant or counsel for the defendant actually knows of additional pending prosecutions that this subsection (2) requires the district attorney to charge and the defendant or counsel for the defendant fails to object to the prosecution's failure to join the charges, the defendant waives any claim pursuant to this subsection (2) that a subsequent prosecution is prohibited.

(3) When two or more offenses are charged as required by subsection (2) of this section and they are supported by identical evidence, the court upon application of the defendant may require the state, at the conclusion of all the evidence, to elect the count upon which the issues shall be tried. If more than one guilty verdict is returned as to any defendant in a prosecution where multiple counts are tried as required by subsection (2) of this section, the sentences imposed shall run concurrently; except that, where multiple victims are involved, the court may, within its discretion, impose consecutive sentences.

(4) When a defendant is charged with two or more offenses based on the same act or series of acts arising from the same criminal episode, the court, on application of either the defendant or the district attorney, may order any such charge to be tried separately, if it is satisfied that justice so requires.

(5) A defendant may be convicted of an offense included in an offense charged in the indictment or the information. An offense is so included when:

(a) It is established by proof of the same or less than all the facts required to establish the commission of the offense charged; or

(b) It consists of an attempt or solicitation to commit the offense charged or to commit an offense otherwise included therein; or

(c) It differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property, or public interest or a lesser kind of culpability suffices to establish its commission.

(6) The court shall not be obligated to charge the jury with respect to an included offense unless there is a rational basis for a verdict acquitting the defendant of the offense charged and convicting him of the included offense.

(7) If the same conduct is defined as criminal in different enactments or in different sections of this code, the offender may be prosecuted under any one or all of the sections or enactments subject to the limitations provided by this section. It is immaterial to the prosecution that one of the enactments or sections characterizes the crime as of lesser degree than another, or provides a lesser penalty than another, or was enacted by the general assembly at a later date than another unless the later section or enactment specifically repeals the earlier.

(8) Without the consent of the prosecution, no jury shall be instructed to return a guilty verdict on a lesser offense if any juror remains convinced by the facts and law that the defendant is guilty of a greater offense submitted for the jury's consideration, the retrial of which would be barred by conviction of the lesser offense.

CREDIT(S)

Amended by Laws 1985, S.B.97, § 1; Laws 1994, S.B.94-65, § 2, eff. July 1, 1994; Laws 2000, Ch. 131, § 6, eff. April 24, 2000.

C.R.S.A. § 18-1-409

Effective: July 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 4. Rights of Defendant (Refs & Annos)

§ 18-1-409. Appellate review of sentence for a felony

(1) When sentence is imposed upon any person following a conviction of any felony, other than a class 1 felony in which a death sentence is automatically reviewed pursuant to section 18-1.3-1201(6), 18-1.3-1302(6), or 18-1.4-102(6), the person convicted shall have the right to one appellate review of the propriety of the sentence, having regard to the nature of the offense, the character of the offender, and the public interest, and the manner in which the sentence was imposed, including the sufficiency and accuracy of the information on which it was based; except that, if the sentence is within a range agreed upon by the parties pursuant to a plea agreement, the defendant shall not have the right of appellate review of the propriety of the sentence. The procedures to be employed in the review shall be as provided by supreme court rule.

(2) No appellate court shall review any sentence which is imposed unless, within forty-nine days from the date of the imposition of sentence, a written notice is filed in the trial court to the effect that review of the sentence will be sought; said notice must state the grounds upon which it is based.

(2.1) Repealed by Laws 1979, H.B.1589, § 24.

(2.2) Repealed by Laws 1981, S.B.304, § 2.

(3) The reviewing court shall have power to affirm the sentence under review, substitute for the sentence under review any penalty that was open to the sentencing court other than granting probation or other conditional release, or remand the case for any further proceedings that could have been conducted prior to the imposition of the sentence under review, and for resentencing on the basis of such further proceedings. No sentence in excess of the one originally imposed shall be given unless matters of aggravation in addition to those known to the court at the time of the original sentence are brought to the attention of the court during the hearing conducted under this section. If the court imposes a sentence in excess of the one first given, it shall specifically identify the additional aggravating facts considered by it in imposing the increased sentence.

CREDIT(S)

Amended by Laws 1976, H.B.1111, § 8; Laws 1979, H.B.1269, § 2; Laws 1979, H.B.1589, §§ 17, 24; Laws 1981, S.B.304, § 2; Laws 1991, 2nd Ex.Sess., H.B.91S2-1001, § 2, eff. Sept. 20, 1991; Laws 1991, 2nd Ex.Sess., H.B.91S2-1038, § 2, eff. Oct. 11, 1991; Laws 1993, H.B.93-1092, § 4, eff. June 6, 1993; Laws 1999, Ch. 215, § 21, eff. July 1, 1999; Laws 2002, Ch. 318, § 179, eff. Oct. 1, 2002; Laws 2002, 3rd Ex.Sess., Ch. 1, §§ 29, 30, eff. July 12, 2002; Laws 2012, Ch. 208, § 102, eff. July 1, 2012.

C.R.S.A. § 18-1-409.5

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 4. Rights of Defendant (Refs & Annos)

§ 18-1-409.5. Repealed by Laws 1981, S.B.304, § 2

C.R.S.A. § 18-1-410

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 4. Rights of Defendant (Refs & Annos)

§ 18-1-410. Postconviction remedy

(1) Notwithstanding the fact that no review of a conviction of crime was sought by appeal within the time prescribed therefor, or that a judgment of conviction was affirmed upon appeal, every person convicted of a crime is entitled as a matter of right to make applications for postconviction review. Except as otherwise required by subsection (1.5) of this section, an application for postconviction review must, in good faith, allege one or more of the following grounds to justify a hearing thereon:

(a) That the conviction was obtained or sentence imposed in violation of the constitution or laws of the United States or the constitution or laws of this state;

(b) That the applicant was convicted under a statute that is in violation of the constitution of the United States or the constitution of this state, or that the conduct for which the applicant was prosecuted is constitutionally protected;

(d) That the sentence imposed exceeded the maximum authorized by law, or is otherwise not in accordance with the sentence authorized by law;

(e) That there exists evidence of material facts, not theretofore presented and heard, which, by the exercise of reasonable diligence, could not have been known to or learned of by the defendant or his attorney prior to the submission of the issues to the court or jury, and which requires vacation of the conviction or sentence in the interest of justice;

(f)(I) That there has been significant change in the law, applied to the applicant's conviction or sentence, allowing in the interests of justice retroactive application of the changed legal standard.

(II) The ground set forth in this paragraph (f) may not be asserted if, prior to filing for relief pursuant to this paragraph (f), a person has not sought appeal of a conviction within the time prescribed therefor or if a judgment of conviction has been affirmed upon appeal.

(g) Any grounds otherwise properly the basis for collateral attack upon a criminal judgment; or

(h) That the sentence imposed has been fully served or that there has been unlawful revocation of parole, probation, or conditional release.

(1.5) An application for postconviction review in a class 1 felony case where a sentence of death has been imposed shall be limited to claims of newly discovered evidence and ineffective assistance of counsel; except that, for any sentence of death imposed on or after the date upon which the Colorado supreme court adopts rules implementing the unitary system of review established by part 2 of article 12 of title 16, C.R.S., any application for postconviction review in such case shall be governed by the provisions of part 2 of article 12 of title 16, C.R.S.

(2)(a) Except as otherwise required by paragraph (b) of this subsection (2), procedures to be followed in implementation of the right to postconviction remedy shall be as prescribed by rule of the supreme court of the state of Colorado.

(b) In any class 1 felony case where a sentence of death has been imposed, the district court shall expeditiously consider an application for postconviction remedy. It is the general assembly's intent that the district court give priority to cases in which a sentence of death has been imposed.

(3)(a) Except as otherwise provided in paragraph (b) of this subsection (3), an appeal of any order by the district court granting or denying postconviction relief in a case in which a sentence of death has been imposed shall be to the Colorado supreme court as provided by section 13-4-102(1)(h), C.R.S. The procedures to be followed in the implementation of such review shall be in accordance with any rules adopted by the Colorado supreme court in response to the legislative intent expressed in section 16-12-101.5(1), C.R.S.

(b) In any class 1 felony case in which a sentence of death is imposed on or after the date upon which the Colorado supreme court adopts rules implementing the unitary system of review established under part 2 of article 12 of title 16, C.R.S., the procedures for appealing any order by the district court granting or denying postconviction relief and review by the Colorado supreme court of such order shall be governed by the provisions of part 2 of article 12 of title 16, C.R.S., and by such rules adopted by the supreme court.

CREDIT(S)

Amended by Laws 1975, S.B.453, § 28; Laws 1994, S.B.94-204, § 2, eff. July 1, 1994; Laws 1997, H.B.97-1225, § 5, eff. June 4, 1997.

C.R.S.A. § 18-1-411

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 4. Rights of Defendant (Refs & Annos)

§ 18-1-411. Postconviction testing of DNA--definitions

As used in this section and in sections 18-1-412 to 18-1-416, unless the context otherwise requires:

(1) “Actual innocence” means clear and convincing evidence such that no reasonable juror would have convicted the defendant.

(2) “Actual or constructive possession” means the biological evidence is maintained or stored on the premises of the law enforcement agency or at another location or facility under the custody or control of the law enforcement agency, including pursuant to an agreement or contract with the law enforcement agency and a third-party service provider, in Colorado or elsewhere.

(3) “DNA” means deoxyribonucleic acid.

(4) “Incarcerated” means physically housed in a department of corrections facility, a private correctional facility under contract with the department of corrections, or a county jail following a felony conviction, or in a juvenile facility following adjudication for an offense that would have been a felony if committed by an adult, or under parole supervision.

CREDIT(S)

Added by Laws 2003, Ch. 90, § 1, eff. Aug. 6, 2003.

C.R.S.A. § 18-1-412

Effective: July 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 4. Rights of Defendant (Refs & Annos)

§ 18-1-412. Procedure for application for DNA testing--appointment of counsel

(1) An incarcerated person may apply to the district court in the district where the conviction was secured for DNA testing concerning the conviction and sentence the person is currently serving.

(2) A motion filed pursuant to this section shall include specific facts sufficient to support a prima facie showing that post-conviction relief is warranted under the criteria set forth in section 18-1-413. The motion shall include the results of all prior DNA tests, regardless of whether a test was performed by the defense or the prosecution.

(3) If the motion, files, and record of the case show to the satisfaction of the court that the petitioner is not entitled to relief based on the criteria specified in section 18-1-413, the court shall deny the motion without a hearing and without appointment of counsel. The court may deny a second or subsequent motion requesting relief pursuant to this section.

(4) If the court does not deny the petitioner's motion for testing, the court shall appoint counsel if the court determines the petitioner is indigent and has requested counsel. The court shall forward a copy of the motion for DNA testing to the district attorney.

(5) Counsel for the defendant may request the court to set the matter for a hearing, if, upon investigation of the petitioner's motion for testing, counsel believes sufficient grounds exist to support an order for DNA testing. If the petitioner represents himself or herself, the court may set the matter for a hearing upon his or her request.

(6) Following a request for a hearing, the court shall allow the district attorney a reasonable amount of time, but not less than thirty-five days, to respond to the motion and any supplement filed by the petitioner's counsel and to prepare for the hearing.

(7) A court shall not order DNA testing without a hearing, except upon written stipulation of the district attorney.

(8) The court shall deny a motion for production of transcripts unless the petitioner makes a prima facie showing that a transcript will be necessary at a hearing conducted pursuant to this section.

(9) Upon motion of the defendant or his or her counsel, the court shall order a database search by a law enforcement agency if the court determines that a reasonable probability exists that the database search will produce exculpatory or mitigating evidence relevant to a claim of wrongful conviction or sentencing. DNA profiles must meet current national DNA database index system eligibility standards and conform to current federal bureau of investigation quality assurance standards in order to be eligible for search against the state index system.

CREDIT(S)

Added by Laws 2003, Ch. 90, § 1, eff. Aug. 6, 2003. Amended by Laws 2009, Ch. 295, § 11, eff. July 1, 2009; Laws 2012, Ch. 208, § 103, eff. July 1, 2012.

C.R.S.A. § 18-1-413

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 4. Rights of Defendant (Refs & Annos)

§ 18-1-413. Content of application for DNA testing

(1) A court shall not order DNA testing unless the petitioner demonstrates by a preponderance of the evidence that:

(a) Favorable results of the DNA testing will demonstrate the petitioner's actual innocence;

(b) A law enforcement agency collected biological evidence pertaining to the offense and retains actual or constructive possession of the evidence that allows for reliable DNA testing;

(c)(I) Conclusive DNA results were not available prior to the petitioner's conviction; and

(II) The petitioner did not secure DNA testing prior to his or her conviction because DNA testing was not reasonably available or for reasons that constitute justifiable excuse, ineffective assistance of counsel, or excusable neglect; and

(d) The petitioner consents to provide a biological sample for DNA testing.

CREDIT(S)

Added by Laws 2003, Ch. 90, § 1, eff. Aug. 6, 2003.

C.R.S.A. § 18-1-414

Effective: May 28, 2008

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 4. Rights of Defendant (Refs & Annos)

§ 18-1-414. Preservation of evidence

(1) A petitioner shall not be entitled to relief based solely on an allegation that a law enforcement agency failed to preserve biological evidence.

(2)(a) A court granting a motion for hearing pursuant to section 18-1-412 shall order the appropriate law enforcement agency to preserve existing biological evidence for DNA testing.

(b) If a law enforcement agency, through negligence, destroys, loses, or otherwise disposes of biological evidence that is the subject of an order pursuant to this subsection (2) before the evidence may be tested, the court shall set a hearing to determine whether a remedy is warranted. If the court determines that a remedy is warranted, the court may order whatever remedy the court finds is just, equitable, and appropriate. Nothing in this subsection (2) shall be construed to limit or eliminate the court's authority to order any remedy otherwise available under law for the destruction, loss, or disposal of evidence.

(3) Except as provided in subsection (2) of this section, this section does not create a duty to preserve biological evidence. Notwithstanding the provisions of subsection (2) of this section, this section does not create a liability on the part of a law enforcement agency for failing to preserve biological evidence.

CREDIT(S)

Added by Laws 2003, Ch. 90, § 1, eff. Aug. 6, 2003. Amended by Laws 2008, Ch. 322, § 2, eff. May 28, 2008.

C.R.S.A. § 18-1-415

Effective: August 11, 2010

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 4. Rights of Defendant (Refs & Annos)

§ 18-1-415. Testing--payment

All testing shall be performed at a law enforcement facility, and the petitioner shall pay for the testing. If the petitioner is indigent and represented by either the public defender or alternate defense counsel, and with the approval of the public defender or the alternate defense counsel, the costs of the testing shall be paid from their budget.

CREDIT(S)

Added by Laws 2003, Ch. 90, § 1, eff. Aug. 6, 2003. Amended by Laws 2010, Ch. 419, § 31, eff. Aug. 11, 2010.

C.R.S.A. § 18-1-416

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 4. Rights of Defendant (Refs & Annos)

§ 18-1-416. Results of the DNA test

(1) Notwithstanding any law or rule of procedure that bars a motion for post-conviction review as untimely, a petitioner may use the results of a DNA test ordered pursuant to section 18-1-413 as the grounds for filing a motion for post-conviction review under section 18-1-410 and the Colorado rules of criminal procedure.

(2) The testing laboratory shall make the results of a DNA test ordered pursuant to section 18-1-413 available to the combined DNA index system and to any Colorado, federal, or other law enforcement DNA databases.

CREDIT(S)

Added by Laws 2003, Ch. 90, § 1, eff. Aug. 6, 2003.

C.R.S.A. § 18-1-417

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 4. Rights of Defendant (Refs & Annos)

§ 18-1-417. Ineffective assistance of counsel claims--waiver of confidentiality

(1) Notwithstanding any other provision of law, whenever a defendant alleges ineffective assistance of counsel, the defendant automatically waives any confidentiality, including attorney-client and work-product privileges, between counsel and defendant, and between the defendant or counsel and any expert witness retained or appointed in connection with the representation, but only with respect to the information that is related to the defendant's claim of ineffective assistance. After the defendant alleges ineffective assistance of counsel, the allegedly ineffective counsel and an expert witness may discuss with, may disclose any aspect of the representation that is related to the defendant's claim of ineffective assistance to, and may produce documents related to such representation that are related to the defendant's claim of ineffective assistance to the prosecution without the need for an order by the court that confidentiality has been waived.

(2) If the allegedly ineffective counsel or an expert witness has released his or her file or a portion thereof to defendant or defendant's current counsel, defendant or current counsel shall permit the prosecution to inspect and copy any or all portions of the file that are related to the defendant's claim of ineffective assistance upon request of the prosecution.

CREDIT(S)

Added by Laws 2005, Ch. 128, § 2, eff. April 29, 2005.

C.R.S.A. T. 18, Art. 1, Pt. 5, Refs & Annos

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 1. Provisions Applicable to Offenses Generally

Part 5. Principles of Criminal Culpability

C.R.S.A. § 18-1-501

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 5. Principles of Criminal Culpability (Refs & Annos)

§ 18-1-501. Definitions

The following definitions are applicable to the determination of culpability requirements for offenses defined in this code:

(1) “Act” means a bodily movement, and includes words and possession of property.

(2) “Conduct” means an act or omission and its accompanying state of mind or, where relevant, a series of acts or omissions.

(3) “Criminal negligence”. A person acts with criminal negligence when, through a gross deviation from the standard of care that a reasonable person would exercise, he fails to perceive a substantial and unjustifiable risk that a result will occur or that a circumstance exists.

(4) “Culpable mental state” means intentionally, or with intent, or knowingly, or willfully, or recklessly, or with criminal negligence, as these terms are defined in this section.

(5) “Intentionally” or “with intent”. All offenses defined in this code in which the mental culpability requirement is expressed as “intentionally” or “with intent” are declared to be specific intent offenses. A person acts “intentionally” or “with intent” when his conscious objective is to cause the specific result proscribed by the statute defining the offense. It is immaterial to the issue of specific intent whether or not the result actually occurred.

(6) “Knowingly” or “willfully”. All offenses defined in this code in which the mental culpability requirement is expressed as “knowingly” or “willfully” are declared to be general intent crimes. A person acts “knowingly” or “willfully” with respect to conduct or to a circumstance described by a statute defining an offense when he is aware that his conduct is of such nature or that such circumstance exists. A person acts “knowingly” or “willfully”, with respect to a result of his conduct, when he is aware that his conduct is practically certain to cause the result.

(7) “Omission” means a failure to perform an act as to which a duty of performance is imposed by law.

(8) “Recklessly”. A person acts recklessly when he consciously disregards a substantial and unjustifiable risk that a result will occur or that a circumstance exists.

(9) “Voluntary act” means an act performed consciously as a result of effort or determination, and includes the possession of property if the actor was aware of his physical possession or control thereof for a sufficient period to have been able to terminate it.

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Amended by Laws 1975, H.B.1203, § 1; Laws 1977, H.B.1654, §§ 1, 2.

C.R.S.A. § 18-1-502

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 5. Principles of Criminal Culpability (Refs & Annos)

§ 18-1-502. Requirements for criminal liability in general and for offenses of strict liability and of mental culpability

The minimum requirement for criminal liability is the performance by a person of conduct which includes a voluntary act or the omission to perform an act which he is physically capable of performing. If that conduct is all that is required for commission of a particular offense, or if an offense or some material element thereof does not require a culpable mental state on the part of the actor, the offense is one of “strict liability”. If a culpable mental state on the part of the actor is required with respect to any material element of an offense, the offense is one of “mental culpability”.

C.R.S.A. § 18-1-503

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 5. Principles of Criminal Culpability (Refs & Annos)

§ 18-1-503. Construction of statutes with respect to culpability requirements

(1) When the commission of an offense, or some element of an offense, requires a particular culpable mental state, that mental state is ordinarily designated by use of the terms “intentionally”, “with intent”, “knowingly”, “willfully”, “recklessly”, or “criminal negligence” or by use of the terms “with intent to defraud” and “knowing it to be false” describing a specific kind of intent or knowledge.

(2) Although no culpable mental state is expressly designated in a statute defining an offense, a culpable mental state may nevertheless be required for the commission of that offense, or with respect to some or all of the material elements thereof, if the proscribed conduct necessarily involves such a culpable mental state.

(3) If a statute provides that criminal negligence suffices to establish an element of an offense, that element also is established if a person acts recklessly, knowingly, or intentionally. If recklessness suffices to establish an element, that element also is established if a person acts knowingly or intentionally. If acting knowingly suffices to establish an element, that element also is established if a person acts intentionally.

(4) When a statute defining an offense prescribes as an element thereof a specified culpable mental state, that mental state is deemed to apply to every element of the offense unless an intent to limit its application clearly appears.

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Amended by Laws 1977, H.B.1654, § 3.

C.R.S.A. § 18-1-503.5

Effective: July 1, 2007

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 5. Principles of Criminal Culpability (Refs & Annos)

§ 18-1-503.5. Principles of criminal culpability

(1) If the criminality of conduct depends on a child being younger than eighteen years of age and the child was in fact at least fifteen years of age, it shall be an affirmative defense that the defendant reasonably believed the child to be eighteen years of age or older. This affirmative defense shall not be available if the criminality of conduct depends on the defendant being in a position of trust.

(2) If the criminality of conduct depends on a child's being younger than eighteen years of age and the child was in fact younger than fifteen years of age, there shall be no defense that the defendant reasonably believed the child was eighteen years of age or older.

(3) If the criminality of conduct depends on a child being younger than fifteen years of age, it shall be no defense that the defendant did not know the child's age or that the defendant reasonably believed the child to be fifteen years of age or older.

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Added by Laws 2001, Ch. 243, § 6, eff. July 1, 2001. Amended by Laws 2007, Ch. 383, § 4, eff. July 1, 2007.

C.R.S.A. § 18-1-504

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 5. Principles of Criminal Culpability (Refs & Annos)

§ 18-1-504. Effect of ignorance or mistake upon culpability

(1) A person is not relieved of criminal liability for conduct because he engaged in that conduct under a mistaken belief of fact, unless:

(a) It negatives the existence of a particular mental state essential to commission of the offense; or

(b) The statute defining the offense or a statute relating thereto expressly provides that a factual mistake or the mental state resulting therefrom constitutes a defense or exemption; or

(c) The factual mistake or the mental state resulting therefrom is of a kind that supports a defense of justification as defined in sections 18-1-701 to 18-1-707.

(2) A person is not relieved of criminal liability for conduct because he engages in that conduct under a mistaken belief that it does not, as a matter of law, constitute an offense, unless the conduct is permitted by one or more of the following:

(a) A statute or ordinance binding in this state;

(b) An administrative regulation, order, or grant of permission by a body or official authorized and empowered to make such order or grant the permission under the laws of the state of Colorado;

(c) An official written interpretation of the statute or law relating to the offense, made or issued by a public servant, agency, or body legally charged or empowered with the responsibility of administering, enforcing, or interpreting a statute, ordinance, regulation, order, or law. If such interpretation is by judicial decision, it must be binding in the state of Colorado.

(3) Any defense authorized by this section is an affirmative defense.

C.R.S.A. § 18-1-505

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 5. Principles of Criminal Culpability (Refs & Annos)

§ 18-1-505. Consent

(1) The consent of the victim to conduct charged to constitute an offense or to the result thereof is not a defense unless the consent negatives an element of the offense or precludes the infliction of the harm or evil sought to be prevented by the law defining the offense.

(2) When conduct is charged to constitute an offense because it causes or threatens bodily injury, consent to that conduct or to the infliction of that injury is a defense only if the bodily injury consented to or threatened by the conduct consented to is not serious, or the conduct and the injury are reasonably foreseeable hazards of joint participation in a lawful athletic contest or competitive sport, or the consent establishes a justification under sections 18-1-701 to 18-1-707.

(3) Unless otherwise provided by this code or by the law defining the offense, assent does not constitute consent if:

(a) It is given by a person who is legally incompetent to authorize the conduct charged to constitute the offense; or

(b) It is given by a person who, by reason of immaturity, mental disease or mental defect, or intoxication, is manifestly unable and is known or reasonably should be known by the defendant to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; or

(d) It is induced by force, duress, or deception.

(4) Any defense authorized by this section is an affirmative defense.

CREDIT(S)

Amended by Laws 1981, H.B.1167, § 1.

C.R.S.A. T. 18, Art. 1, Pt. 6, Refs & Annos

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 1. Provisions Applicable to Offenses Generally

Part 6. Parties to Offenses--Accountability

C.R.S.A. § 18-1-601

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 6. Parties to Offenses--Accountability (Refs & Annos)

§ 18-1-601. Liability based upon behavior

A person is guilty of an offense if it is committed by the behavior of another person for which he is legally accountable as provided in sections 18-1-602 to 18-1-607.

C.R.S.A. § 18-1-602

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 6. Parties to Offenses--Accountability (Refs & Annos)

§ 18-1-602. Behavior of another

(1) A person is legally accountable for the behavior of another person if:

(a) He is made accountable for the conduct of that person by the statute defining the offense or by specific provision of this code; or

(b) He acts with the culpable mental state sufficient for the commission of the offense in question and he causes an innocent person to engage in such behavior.

(2) As used in subsection (1) of this section, “innocent person” includes any person who is not guilty of the offense in question, despite his behavior, because of duress, legal incapacity or exemption, or unawareness of the criminal nature of the conduct in question or of the defendant's criminal purpose, or any other factor precluding the mental state sufficient for the commission of the offense in question.

C.R.S.A. § 18-1-603

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 6. Parties to Offenses--Accountability (Refs & Annos)

§ 18-1-603. Complicity

A person is legally accountable as principal for the behavior of another constituting a criminal offense if, with the intent to promote or facilitate the commission of the offense, he or she aids, abets, advises, or encourages the other person in planning or committing the offense.

CREDIT(S)

Amended by Laws 1997, H.B.97-1077, § 3, eff. July 1, 1997.

C.R.S.A. § 18-1-604

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 6. Parties to Offenses--Accountability (Refs & Annos)

§ 18-1-604. Exemptions from liability based upon behavior of another

(1) Unless otherwise provided by the statute defining the offense, a person shall not be legally accountable for behavior of another constituting an offense if he is a victim of that offense or the offense is so defined that his conduct is inevitably incidental to its commission.

(2) It shall be an affirmative defense to a charge under section 18-1-603 if, prior to the commission of the offense, the defendant terminated his effort to promote or facilitate its commission and either gave timely warning to law enforcement authorities or gave timely warning to the intended victim.

C.R.S.A. § 18-1-605

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 6. Parties to Offenses--Accountability (Refs & Annos)

§ 18-1-605. Liability based on behavior of another--no defense

In any prosecution for an offense in which criminal liability is based upon the behavior of another pursuant to sections 18-1-601 to 18-1-604, it is no defense that the other person has not been prosecuted for or convicted of any offense based upon the behavior in question or has been convicted of a different offense or degree of offense, or the defendant belongs to a class of persons who by definition of the offense are legally incapable of committing the offense in an individual capacity.

C.R.S.A. § 18-1-606

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 6. Parties to Offenses--Accountability (Refs & Annos)

§ 18-1-606. Criminal liability of business entities

(1) A business entity is guilty of an offense if:

(a) The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on the business entity by law; or

(b) The conduct constituting the offense is engaged in, authorized, solicited, requested, commanded, or knowingly tolerated by the governing body or individual authorized to manage the affairs of the business entity or by a high managerial agent acting within the scope of his or her employment or in behalf of the business entity.

(2) As used in this section:

(a) “Agent” means any director, officer, or employee of a business entity, or any other person who is authorized to act in behalf of the business entity, and “high managerial agent” means an officer of a business entity or any other agent in a position of comparable authority with respect to the formulation of the business entity's policy or the supervision in a managerial capacity of subordinate employees.

(b) “Business entity” means a corporation or other entity that is subject to the provisions of title 7, C.R.S.; foreign corporations qualified to do business in this state pursuant to article 115 of title 7, C.R.S., specifically including federally chartered or authorized financial institutions; a corporation or other entity that is subject to the provisions of title 11, C.R.S.; or a sole proprietorship or other association or group of individuals doing business in the state.

(3) Every offense committed by a corporation prior to July 1, 1985, which would be a felony if committed by an individual shall subject the corporation to the payment of a fine of not less than one thousand dollars nor more than fifteen thousand dollars. For such offenses committed on or after July 1, 1985, the corporation shall be subject to the payment of a fine within the presumptive ranges authorized by section 18-1.3-401(1)(a)(III). Every offense committed by a corporation which would be a misdemeanor or petty offense if committed by an individual shall subject the corporation to the payment of a fine within the minimum and maximum fines authorized by sections 18-1.3-501 and 18-1.3-503 for the particular offense of which the corporation is convicted. For an offense committed on or after July 1, 2003, a business entity shall be subject to the payment of a fine within the presumptive ranges authorized by section 18-1.3-401(1)(a)(III). An offense committed by a business entity that would be a misdemeanor or petty offense if committed by an individual shall subject the business entity to the payment of a fine within the minimum and maximum fines authorized by sections 18-1.3-501 and 18-1.3-503 for the particular offense of which the business entity is convicted.

CREDIT(S)

Amended by Laws 1985, H.B.1116, § 7; Laws 2002, Ch. 318, § 180, eff. Oct. 1, 2002; Laws 2003, Ch. 134, § 18, eff. April 17, 2003.

C.R.S.A. § 18-1-607

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 6. Parties to Offenses--Accountability (Refs & Annos)

§ 18-1-607. Criminal liability of an individual for corporate conduct

A person is criminally liable for conduct constituting an offense which he performs or causes to occur in the name of or in behalf of a corporation to the same extent as if that conduct were performed or caused by him in his own name or behalf.

C.R.S.A. T. 18, Art. 1, Pt. 7, Refs & Annos

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 1. Provisions Applicable to Offenses Generally

Part 7. Justification and Exemptions from Criminal Responsibility

C.R.S.A. § 18-1-701

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 7. Justification and Exemptions from Criminal Responsibility (Refs & Annos)

§ 18-1-701. Execution of public duty

(1) Unless inconsistent with other provisions of sections 18-1-702 to 18-1-710, defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable and not criminal when it is required or authorized by a provision of law or a judicial decree binding in Colorado.

(2) A “provision of law” and a “judicial decree” in subsection (1) of this section mean:

(a) Laws defining duties and functions of public servants;

(b) Laws defining duties of private citizens to assist public servants in the performance of certain of their functions;

(d) Laws governing the military service and conduct of war;

(e) Judgments and orders of court.

C.R.S.A. § 18-1-702

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 7. Justification and Exemptions from Criminal Responsibility (Refs & Annos)

§ 18-1-702. Choice of evils

(1) Unless inconsistent with other provisions of sections 18-1-703 to 18-1-707, defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable and not criminal when it is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no conduct of the actor, and which is of sufficient gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding the injury clearly outweigh the desirability of avoiding the injury sought to be prevented by the statute defining the offense in issue.

(2) The necessity and justifiability of conduct under subsection (1) of this section shall not rest upon considerations pertaining only to the morality and advisability of the statute, either in its general application or with respect to its application to a particular class of cases arising thereunder. When evidence relating to the defense of justification under this section is offered by the defendant, before it is submitted for the consideration of the jury, the court shall first rule as a matter of law whether the claimed facts and circumstances would, if established, constitute a justification.

C.R.S.A. § 18-1-703

Effective: January 1, 2009

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 7. Justification and Exemptions from Criminal Responsibility (Refs & Annos)

§ 18-1-703. Use of physical force--special relationships

(1) The use of physical force upon another person which would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances:

(a) A parent, guardian, or other person entrusted with the care and supervision of a minor or an incompetent person, and a teacher or other person entrusted with the care and supervision of a minor, may use reasonable and appropriate physical force upon the minor or incompetent person when and to the extent it is reasonably necessary and appropriate to maintain discipline or promote the welfare of the minor or incompetent person.

(b) A superintendent or other authorized official of a jail, prison, or correctional institution may, in order to maintain order and discipline, use reasonable and appropriate physical force when and to the extent that he reasonably believes it necessary to maintain order and discipline, but he may use deadly physical force only when he reasonably believes it necessary to prevent death or serious bodily injury.

(c) A person responsible for the maintenance of order in a common carrier of passengers, or a person acting under his direction, may use reasonable and appropriate physical force when and to the extent that it is necessary to maintain order and discipline, but he may use deadly physical force only when it is reasonably necessary to prevent death or serious bodily injury.

(d) A person acting under a reasonable belief that another person is about to commit suicide or to inflict serious bodily injury upon himself may use reasonable and appropriate physical force upon that person to the extent that it is reasonably necessary to thwart the result.

(e) A duly licensed physician, advanced practice nurse, or a person acting under his or her direction, may use reasonable and appropriate physical force for the purpose of administering a recognized form of treatment that he or she reasonably believes to be adapted to promoting the physical or mental health of the patient if:

(I) The treatment is administered with the consent of the patient, or if the patient is a minor or an incompetent person, with the consent of his parent, guardian, or other person entrusted with his care and supervision; or

(II) The treatment is administered in an emergency when the physician or advanced practice nurse reasonably believes that no one competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.

CREDIT(S)

Amended by Laws 1976, H.B.1010, § 15; Laws 1981, H.B.1167, § 2; Laws 2008, Ch. 51, § 8, eff. Jan. 1, 2009.

C.R.S.A. § 18-1-704

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 7. Justification and Exemptions from Criminal Responsibility (Refs & Annos)

§ 18-1-704. Use of physical force in defense of a person

(1) Except as provided in subsections (2) and (3) of this section, a person is justified in using physical force upon another person in order to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he may use a degree of force which he reasonably believes to be necessary for that purpose.

(2) Deadly physical force may be used only if a person reasonably believes a lesser degree of force is inadequate and:

(a) The actor has reasonable ground to believe, and does believe, that he or another person is in imminent danger of being killed or of receiving great bodily injury; or

(b) The other person is using or reasonably appears about to use physical force against an occupant of a dwelling or business establishment while committing or attempting to commit burglary as defined in sections 18-4-202 to 18-4-204; or

(c) The other person is committing or reasonably appears about to commit kidnapping as defined in section 18-3-301 or 18-3-302, robbery as defined in section 18-4-301 or 18-4-302, sexual assault as set forth in section 18-3-402, or in section 18-3-403 as it existed prior to July 1, 2000, or assault as defined in sections 18-3-202 and 18-3-203.

(3) Notwithstanding the provisions of subsection (1) of this section, a person is not justified in using physical force if:

(a) With intent to cause bodily injury or death to another person, he provokes the use of unlawful physical force by that other person; or

(b) He is the initial aggressor; except that his use of physical force upon another person under the circumstances is justifiable if he withdraws from the encounter and effectively communicates to the other person his intent to do so, but the latter nevertheless continues or threatens the use of unlawful physical force; or

(4) In a case in which the defendant is not entitled to a jury instruction regarding self-defense as an affirmative defense, the court shall allow the defendant to present evidence, when relevant, that he or she was acting in self-defense. If the defendant presents evidence of self-defense, the court shall instruct the jury with a self-defense law instruction. The court shall instruct the jury that it may consider the evidence of self-defense in determining whether the defendant acted recklessly, with extreme indifference, or in a criminally negligent manner. However, the self-defense law instruction shall not be an affirmative defense instruction and the prosecuting attorney shall not have the burden of disproving self-defense. This section shall not apply to strict liability crimes.

CREDIT(S)

Amended by Laws 1975, H.B.1042, § 4; Laws 1979, H.B.1110, § 1; Laws 1981, H.B.1167, § 3; Laws 2000, Ch. 171, § 27, eff. July 1, 2000; Laws 2003, Ch. 83, § 1, eff. March 25, 2003.

C.R.S.A. § 18-1-704.5

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 7. Justification and Exemptions from Criminal Responsibility (Refs & Annos)

§ 18-1-704.5. Use of deadly physical force against an intruder

(1) The general assembly hereby recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes.

(2) Notwithstanding the provisions of section 18-1-704, any occupant of a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when that other person has made an unlawful entry into the dwelling, and when the occupant has a reasonable belief that such other person has committed a crime in the dwelling in addition to the uninvited entry, or is committing or intends to commit a crime against a person or property in addition to the uninvited entry, and when the occupant reasonably believes that such other person might use any physical force, no matter how slight, against any occupant.

(3) Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from criminal prosecution for the use of such force.

(4) Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from any civil liability for injuries or death resulting from the use of such force.

CREDIT(S)

Added by Laws 1985, H.B.1361, § 1.

C.R.S.A. § 18-1-705

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 7. Justification and Exemptions from Criminal Responsibility (Refs & Annos)

§ 18-1-705. Use of physical force in defense of premises

A person in possession or control of any building, realty, or other premises, or a person who is licensed or privileged to be thereon, is justified in using reasonable and appropriate physical force upon another person when and to the extent that it is reasonably necessary to prevent or terminate what he reasonably believes to be the commission or attempted commission of an unlawful trespass by the other person in or upon the building, realty, or premises. However, he may use deadly force only in defense of himself or another as described in section 18-1-704, or when he reasonably believes it necessary to prevent what he reasonably believes to be an attempt by the trespasser to commit first degree arson.

C.R.S.A. § 18-1-706

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 7. Justification and Exemptions from Criminal Responsibility (Refs & Annos)

§ 18-1-706. Use of physical force in defense of property

A person is justified in using reasonable and appropriate physical force upon another person when and to the extent that he reasonably believes it necessary to prevent what he reasonably believes to be an attempt by the other person to commit theft, criminal mischief, or criminal tampering involving property, but he may use deadly physical force under these circumstances only in defense of himself or another as described in section 18-1-704.

C.R.S.A. § 18-1-707

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 7. Justification and Exemptions from Criminal Responsibility (Refs & Annos)

§ 18-1-707. Use of physical force in making an arrest or in preventing an escape

(1) Except as provided in subsection (2) of this section, a peace officer is justified in using reasonable and appropriate physical force upon another person when and to the extent that he reasonably believes it necessary:

(a) To effect an arrest or to prevent the escape from custody of an arrested person unless he knows that the arrest is unauthorized; or

(b) To defend himself or a third person from what he reasonably believes to be the use or imminent use of physical force while effecting or attempting to effect such an arrest or while preventing or attempting to prevent such an escape.

(2) A peace officer is justified in using deadly physical force upon another person for a purpose specified in subsection (1) of this section only when he reasonably believes that it is necessary:

(a) To defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force; or

(b) To effect an arrest, or to prevent the escape from custody, of a person whom he reasonably believes:

(I) Has committed or attempted to commit a felony involving the use or threatened use of a deadly weapon; or

(II) Is attempting to escape by the use of a deadly weapon; or

(III) Otherwise indicates, except through a motor vehicle violation, that he is likely to endanger human life or to inflict serious bodily injury to another unless apprehended without delay.

(3) Nothing in subsection (2)(b) of this section shall be deemed to constitute justification for reckless or criminally negligent conduct by a peace officer amounting to an offense against or with respect to innocent persons whom he is not seeking to arrest or retain in custody.

(4) For purposes of this section, a reasonable belief that a person has committed an offense means a reasonable belief in facts or circumstances which if true would in law constitute an offense. If the believed facts or circumstances would not in law constitute an offense, an erroneous though not unreasonable belief that the law is otherwise does not render justifiable the use of force to make an arrest or to prevent an escape from custody. A peace officer who is effecting an arrest pursuant to a warrant is justified in using the physical force prescribed in subsections (1) and (2) of this section unless the warrant is invalid and is known by the officer to be invalid.

(5) Except as provided in subsection (6) of this section, a person who has been directed by a peace officer to assist him to effect an arrest or to prevent an escape from custody is justified in using reasonable and appropriate physical force when and to the extent that he reasonably believes that force to be necessary to carry out the peace officer's direction, unless he knows that the arrest or prospective arrest is not authorized.

(6) A person who has been directed to assist a peace officer under circumstances specified in subsection (5) of this section may use deadly physical force to effect an arrest or to prevent an escape only when:

(a) He reasonably believes that force to be necessary to defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force; or

(b) He is directed or authorized by the peace officer to use deadly physical force and does not know, if that happens to be the case, that the peace officer himself is not authorized to use deadly physical force under the circumstances.

(7) A private person acting on his own account is justified in using reasonable and appropriate physical force upon another person when and to the extent that he reasonably believes it necessary to effect an arrest, or to prevent the escape from custody of an arrested person who has committed an offense in his presence; but he is justified in using deadly physical force for the purpose only when he reasonably believes it necessary to defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force.

(8) A guard or peace officer employed in a detention facility is justified:

(a) In using deadly physical force when he reasonably believes it necessary to prevent the escape of a prisoner convicted of, charged with, or held for a felony or confined under the maximum security rules of any detention facility as such facility is defined in subsection (9) of this section;

(b) In using reasonable and appropriate physical force, but not deadly physical force, in all other circumstances when and to the extent that he reasonably believes it necessary to prevent what he reasonably believes to be the escape of a prisoner from a detention facility.

(9) “Detention facility” as used in subsection (8) of this section means any place maintained for the confinement, pursuant to law, of persons charged with or convicted of an offense, held pursuant to the “Colorado Children's Code”, [FN1] held for extradition, or otherwise confined pursuant to an order of a court.

CREDIT(S)

Amended by Laws 1975, H.B.1203, § 2.

[FN1] Section 19-1-101 et seq.

C.R.S.A. § 18-1-708

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 7. Justification and Exemptions from Criminal Responsibility (Refs & Annos)

§ 18-1-708. Duress

A person may not be convicted of an offense, other than a class 1 felony, based upon conduct in which he engaged at the direction of another person because of the use or threatened use of unlawful force upon him or upon another person, which force or threatened use thereof a reasonable person in his situation would have been unable to resist. This defense is not available when a person intentionally or recklessly places himself in a situation in which it is foreseeable that he will be subjected to such force or threatened use thereof. The choice of evils defense, provided in section 18-1-702, shall not be available to a defendant in addition to the defense of duress provided under this section unless separate facts exist which warrant its application.

CREDIT(S)

Amended by Laws 1988, H.B.1200, § 15.

C.R.S.A. § 18-1-709

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 7. Justification and Exemptions from Criminal Responsibility (Refs & Annos)

§ 18-1-709. Entrapment

The commission of acts which would otherwise constitute an offense is not criminal if the defendant engaged in the proscribed conduct because he was induced to do so by a law enforcement official or other person acting under his direction, seeking to obtain evidence for the purpose of prosecution, and the methods used to obtain that evidence were such as to create a substantial risk that the acts would be committed by a person who, but for such inducement, would not have conceived of or engaged in conduct of the sort induced. Merely affording a person an opportunity to commit an offense is not entrapment even though representations or inducements calculated to overcome the offender's fear of detection are used.

C.R.S.A. § 18-1-710

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 7. Justification and Exemptions from Criminal Responsibility (Refs & Annos)

§ 18-1-710. Affirmative defense

The issues of justification or exemption from criminal liability under sections 18-1-701 to 18-1-709 are affirmative defenses.

C.R.S.A. § 18-1-711

Effective: May 29, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 7. Justification and Exemptions from Criminal Responsibility (Refs & Annos)

§ 18-1-711. Immunity for persons who suffer or report an emergency drug or alcohol overdose event--definitions

(1) A person shall be immune from criminal prosecution for an offense described in subsection (3) of this section if:

(a) The person reports in good faith an emergency drug or alcohol overdose event to a law enforcement officer, to the 911 system, or to a medical provider;

(b) The person remains at the scene of the event until a law enforcement officer or an emergency medical responder arrives, or the person remains at the facilities of the medical provider until a law enforcement officer arrives;

(c) The person identifies himself or herself to, and cooperates with, the law enforcement officer, emergency medical responder, or medical provider; and

(d) The offense arises from the same course of events from which the emergency drug or alcohol overdose event arose.

(2) The immunity described in subsection (1) of this section also extends to the person who suffered the emergency drug or alcohol overdose event if all of the conditions of subsection (1) are satisfied.

(3) The immunity described in subsection (1) of this section shall apply to the following criminal offenses:

(a) Unlawful possession of a controlled substance, as described in section 18-18-403.5(2)(a)(I), (2)(b)(I), or (2)(c);

(b) Unlawful use of a controlled substance, as described in section 18-18-404;

(c) Unlawful possession of two ounces or less of marijuana, as described in section 18-18-406(1); or more than two ounces of marijuana but no more than six ounces of marijuana, as described in section 18-18-406(4)(a); or more than six ounces of marijuana but no more than twelve ounces of marijuana or three ounces or less of marijuana concentrate as described in section 18-18-406(4)(b);

(d) Open and public display, consumption, or use of less than two ounces of marijuana as described in section 18-18-406(3)(a)(I);

(e) Transferring or dispensing two ounces or less of marijuana from one person to another for no consideration, as described in section 18-18-406(5);

(f) Use or possession of synthetic cannabinoids or salvia divinorum, as described in section 18-18-406.1;

(g) Possession of drug paraphernalia, as described in section 18-18-428; and

(h) Illegal possession or consumption of ethyl alcohol by an underage person, as described in section 18-13-122.

(4) Nothing in this section shall be interpreted to prohibit the prosecution of a person for an offense other than an offense listed in subsection (3) of this section or to limit the ability of a district attorney or a law enforcement officer to obtain or use evidence obtained from a report, recording, or any other statement provided pursuant to subsection (1) of this section to investigate and prosecute an offense other than an offense listed in subsection (3) of this section.

(5) As used in this section, unless the context otherwise requires, “emergency drug or alcohol overdose event” means an acute condition including, but not limited to, physical illness, coma, mania, hysteria, or death resulting from the consumption or use of a controlled substance, or of alcohol, or another substance with which a controlled substance or alcohol was combined, and that a layperson would reasonably believe to be a drug or alcohol overdose that requires medical assistance.

CREDIT(S)

Added by Laws 2012, Ch. 225, § 2, eff. May 29, 2012.

C.R.S.A. T. 18, Art. 1, Pt. 8, Refs & Annos

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 1. Provisions Applicable to Offenses Generally

Part 8. Responsibility

C.R.S.A. § 18-1-801

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 8. Responsibility (Refs & Annos)

§ 18-1-801. Insufficient age

The responsibility of a person for his conduct is the same for persons between the ages of ten and eighteen as it is for persons over eighteen except to the extent that responsibility is modified by the provisions of the “Colorado Children's Code”, title 19, C.R.S. No child under ten years of age shall be found guilty of any offense.

C.R.S.A. § 18-1-802

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 8. Responsibility (Refs & Annos)

§ 18-1-802. Insanity

(1)(a) A person who is insane, as defined in section 16-8-101, C.R.S., is not responsible for his or her conduct defined as criminal. Insanity as a defense shall not be an issue in any prosecution unless it is raised by a plea of not guilty by reason of insanity as provided in section 16-8-103, C.R.S.

(b) This subsection (1) applies to offenses committed before July 1, 1995.

(2)(a) A person who is insane, as defined in section 16-8-101.5, C.R.S., is not responsible for his or her conduct defined as criminal. Insanity as a defense shall not be an issue in any prosecution unless it is raised by a plea of not guilty by reason of insanity as provided in section 16-8-103, C.R.S.

(b) This subsection (2) shall apply to offenses occurring on or after July 1, 1995.

CREDIT(S)

Amended by Laws 1996, H.B.96-1145, § 4, eff. Jan. 31, 1996.

C.R.S.A. § 18-1-803

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 8. Responsibility (Refs & Annos)

§ 18-1-803. Impaired mental condition

(1) Evidence of an impaired mental condition, as defined in section 16-8-102(2.7), C.R.S., though not legal insanity may be offered in a proper case as bearing upon the capacity of the accused to form the culpable mental state which is an element of the offense charged.

(2) An intention to assert the affirmative defense of impaired mental condition shall be made pursuant to section 16-8-103.5, C.R.S.

(3) When the affirmative defense of impaired mental condition has been raised, the jury will be given special verdict forms containing interrogatories. The trier of fact shall decide first the question of guilt as to felony charges which are before the court. If the trier of fact concludes that guilt has been proven beyond a reasonable doubt as to one or more of the felony charges submitted for consideration, the special interrogatories shall not be answered. Upon completion of its deliberations on the felony charges as previously set forth in this subsection (3), the trier of fact shall consider any other charges before the court in a similar manner; except that it shall not answer the special interrogatories regarding such charges if it has previously found guilt beyond a reasonable doubt with respect to one or more felony charges. The interrogatories shall provide for specific findings of the jury with respect to the affirmative defense of impaired mental condition in accordance with the Colorado rules of criminal procedure. When the court sits as the trier of fact, it shall enter appropriate specific findings with respect to the affirmative defense of impaired mental condition. If the trier of fact finds that the defendant is not guilty by reason of the affirmative defense of impaired mental condition, the court shall commit the defendant to the department of human services pursuant to section 16-8-103.5(5), C.R.S.

(4) This section shall apply to offenses committed before July 1, 1995.

CREDIT(S)

Amended by Laws 1983, H.B.1289, § 11; Laws 1994, H.B.94-1029, § 136, eff. July 1, 1994; Laws 1996, H.B.96-1145, § 5, eff. Jan. 31, 1996.

C.R.S.A. § 18-1-804

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 8. Responsibility (Refs & Annos)

§ 18-1-804. Intoxication

(1) Intoxication of the accused is not a defense to a criminal charge, except as provided in subsection (3) of this section, but in any prosecution for an offense, evidence of intoxication of the defendant may be offered by the defendant when it is relevant to negative the existence of a specific intent if such intent is an element of the crime charged.

(2) Intoxication does not, in itself, constitute mental disease or defect within the meaning of section 18-1-802.

(3) A person is not criminally responsible for his conduct if, by reason of intoxication that is not self-induced at the time he acts, he lacks capacity to conform his conduct to the requirements of the law.

(4) “Intoxication”, as used in this section means a disturbance of mental or physical capacities resulting from the introduction of any substance into the body.

(5) “Self-induced intoxication” means intoxication caused by substances which the defendant knows or ought to know have the tendency to cause intoxication and which he knowingly introduced or allowed to be introduced into his body, unless they were introduced pursuant to medical advice or under circumstances that would afford a defense to a charge of crime.

C.R.S.A. § 18-1-805

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 8. Responsibility (Refs & Annos)

§ 18-1-805. Responsibility--affirmative defense

The issue of responsibility under sections 18-1-801 to 18-1-804 is an affirmative defense.

C.R.S.A. § 18-1-901

Effective: March 15, 2013

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 9. Definitions

§ 18-1-901. Definitions

(1) Definitions set forth in any section of this title apply wherever the same term is used in the same sense in another section of this title unless the definition is specifically limited or the context indicates that it is inapplicable.

(2) The terms defined in section 18-1-104 and in section 18-1-501, as well as the terms defined in subsection (3) of this section, are terms which appear in various articles of this code. Other terms which need definition but which are used only in a limited number of sections of this code are defined in the particular section or article in which the terms appear.

(3)(a) “To aid” or “to assist” includes knowingly to give or lend money or extend credit to be used for, or to make possible or available, or to further the activity thus aided or assisted.

(b) “Benefit” means any gain or advantage to the beneficiary including any gain or advantage to another person pursuant to the desire or consent of the beneficiary.

(d) “Deadly physical force” means force, the intended, natural, and probable consequence of which is to produce death, and which does, in fact, produce death.

(e) “Deadly weapon” means:

(I) A firearm, whether loaded or unloaded; or

(II) A knife, bludgeon, or any other weapon, device, instrument, material, or substance, whether animate or inanimate, that, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury.

(f) “Deface” means to alter the appearance of something by removing, distorting, adding to, or covering all or a part of the thing.

(g) “Dwelling” means a building which is used, intended to be used, or usually used by a person for habitation.

(h) “Firearm” means any handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable or intended to be capable of discharging bullets, cartridges, or other explosive charges.

(i) “Government” includes the United States, any state, county, municipality, or other political unit, any branch, department, agency, or subdivision of any of the foregoing, and any corporation or other entity established by law to carry out any governmental function.

(j) “Governmental function” includes any activity which a public servant is legally authorized to undertake on behalf of government.

(k) “Motor vehicle” includes any self-propelled device by which persons or property may be moved, carried, or transported from one place to another by land, water, or air, except devices operated on rails, tracks, or cables fixed to the ground or supported by pylons, towers, or other structures.

(l) Repealed by Laws 2003, Ch. 242, § 1, eff. Aug. 6, 2003.

(m) “Pecuniary benefit” means benefit in the form of money, property, commercial interests, or anything else, the primary significance of which is economic gain.

(n) “Public place” means a place to which the public or a substantial number of the public has access, and includes but is not limited to highways, transportation facilities, schools, places of amusement, parks, playgrounds, and the common areas of public and private buildings and facilities.

(o) “Public servant” means any officer or employee of government, whether elected or appointed, and any person participating as an advisor, consultant, process server, or otherwise in performing a governmental function, but the term does not include witnesses.

(o.5) “Restorative justice practices” means practices that emphasize repairing the harm caused to victims and the community by offenses. Restorative justice practices include victim-initiated victim-offender conferences, family group conferences, circles, community conferences, and other similar victim-centered practices. Restorative justice practices are facilitated meetings attended voluntarily by the victim or victim's representatives, the victim's supporters, the offender, and the offender's supporters and may include community members. By engaging the parties to the offense in voluntary dialogue, restorative justice practices provide an opportunity for the offender to accept responsibility for the harm caused to the victim and community, promote victim healing, and enable the participants to agree on consequences to repair the harm, to the extent possible, including but not limited to apologies, community service, reparation, restoration, and counseling. Restorative justice practices may be used in addition to any other conditions, consequences, or sentence imposed by the court.

(p) “Serious bodily injury” means bodily injury which, either at the time of the actual injury or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree.

(q) “Tamper” means to interfere with something improperly, to meddle with it, or to make unwarranted alterations in its condition.

(r) “Thing of value” includes real property, tangible and intangible personal property, contract rights, choses in action, services, confidential information, medical records information, and any rights of use or enjoyment connected therewith.

(s) “Utility” means an enterprise which provides gas, sewer, electric, steam, water, transportation, or communication services, and includes any carrier, pipeline, transmitter, or source, whether publicly or privately owned or operated.

CREDIT(S)

Amended by Laws 1975, S.B.287, § 8; Laws 1977, S.B.587, § 11; Laws 1979, H.B.1080, § 1; Laws 1979, H.B.1110, § 2; Laws 1979, H.B.1235, § 1; Laws 1980, S.B.30, § 1; Laws 1981, S.B.183, §§ 2, 3; Laws 1982, S.B.119, § 2; Laws 1984, S.B.78, § 8; Laws 1985, H.B.1038, § 1; Laws 1986, H.B.1153, § 1; Laws 1986, S.B.165, § 45; Laws 1987, S.B.51, § 1; Laws 1987, S.B.144, § 20; Laws 1988, H.B.1156, § 5; Laws 1988, S.B.156, § 1; Laws 1989, H.B.1236, § 1; Laws 1989, S.B.66, § 1; Laws 1990, H.B.90-1160, § 38, eff. July 1, 1990; Laws 1990, H.B.90-1234, § 8, eff. July 1, 1990; Laws 1991, H.B.91-1086, § 8, eff. June 6, 1991; Laws 1991, S.B.91-149, § 7, eff. June 4, 1991; Laws 1992, H.B.92-1192, § 6, eff. March 6, 1992; Laws 1992, H.B.92-1276, § 1, eff. April 23, 1992; Laws 1993, H.B.93-1137, § 1, eff. March 22, 1993; Laws 1993, H.B.93-1268, § 5, eff. July 1, 1993; Laws 1993, H.B.93-1342, § 38, eff. June 6, 1993; Laws 1994, H.B.94-1126, § 6, eff. July 1, 1994; Laws 1994, H.B.94-1159, § 11, eff. May 31, 1994; Laws 1994, S.B.94-23, § 11, eff. July 1, 1994; Laws 1995, H.B.95-1087, § 1, eff. May 24, 1995; Laws 1995, H.B.95-1280, § 1, eff. July 1, 1995; Laws 1996, H.B.96-1005, § 24, eff. Jan. 1, 1997; Laws 1996, S.B.96-176, § 10, eff. May 23, 1996; Laws 1996, S.B.96-234, § 6, eff. June 3, 1996; Laws 1997, H.B.97-1076, § 12, eff. July 1, 1997; Laws 1998, Ch. 284, § 3, eff. July 1, 1998; Laws 1999, Ch. 145, § 4, eff. April 30, 1999; Laws 2000, Ch. 17, § 1, eff. March 10, 2000; Laws 2000, Ch. 73, § 4, eff. March 29, 2000; Laws 2002, Ch. 29, § 4, eff. Aug. 7, 2002; Laws 2002, Ch. 227, § 1, eff. May 30, 2002; Laws 2002, Ch. 300, § 8, eff. June 3, 2002; Laws 2002, Ch. 318, § 181, eff. Oct. 1, 2002; Laws 2003, Ch. 242, § 1, eff. Aug. 6, 2003; Laws 2011, Ch. 296, § 6, eff. Aug. 10, 2011; Laws 2013, Ch. 39, § 1, eff. March 15, 2013.

C.R.S.A. § 18-1-1001

Effective: May 11, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 10. Orders and Proceedings Against Defendant

§ 18-1-1001. Protection order against defendant

(1) There is hereby created a mandatory protection order against any person charged with a violation of any of the provisions of this title, which order shall remain in effect from the time that the person is advised of his or her rights at arraignment or the person's first appearance before the court and informed of such order until final disposition of the action. Such order shall restrain the person charged from harassing, molesting, intimidating, retaliating against, or tampering with any witness to or victim of the acts charged. The protection order issued pursuant to this section shall be on a standardized form prescribed by the judicial department and a copy shall be provided to the protected parties.

(2) At the time of arraignment or the person's first appearance before the court, the court shall inform the defendant of the protection order effective pursuant to this section and shall inform the defendant that a violation of such order is punishable by contempt.

(3) Nothing in this section shall preclude the defendant from applying to the court at any time for modification or dismissal of the protection order issued pursuant to this section or the district attorney from applying to the court at any time for further orders, additional provisions under the protection order, or modification or dismissal of the same. The trial court shall retain jurisdiction to enforce, modify, or dismiss the protection order until final disposition of the action. Upon motion of the district attorney or on the court's own motion for the protection of the alleged victim or witness, the court may, in cases involving domestic violence as defined in section 18-6-800.3(1) and cases involving crimes listed in section 24-4.1-302, C.R.S., except those listed in paragraphs (cc.5) and (cc. 6) of subsection (1) of that section, enter any of the following further orders against the defendant:

(a) An order to vacate or stay away from the home of the alleged victim or witness and to stay away from any other location where the victim or witness is likely to be found;

(b) An order to refrain from contact or direct or indirect communication with the alleged victim or witness;

(d) An order prohibiting possession or consumption of alcohol or controlled substances; and

(e) Any other order the court deems appropriate to protect the safety of the alleged victim or witness.

(4) Any person failing to comply with a protection order issued pursuant to this section commits the crime of violation of a protection order and may be punished as provided in section 18-6-803.5.

(5) Before a defendant is released on bail pursuant to article 4 of title 16, C.R.S., the court shall, in cases involving domestic violence as defined in section 18-6-800.3(1), or in cases of stalking pursuant to section 18-3-602, state the terms of the protection order issued pursuant to this section, including any additional provisions added pursuant to subsection (3) of this section, to the defendant on the record and the court shall further require the defendant to acknowledge the protection order as a condition of any bond for the release of the defendant. The prosecuting attorney shall, in such domestic violence cases or stalking cases, notify the alleged victim, the complainant, and the protected person of the order if such persons are not present at the time the protection order is issued.

(6) The defendant or, in cases involving domestic violence as defined in section 18-6-800.3(1), or in cases of stalking pursuant to section 18-3-602, the prosecuting attorney may request a hearing before the court to modify the terms of a protection order issued pursuant to this section. Upon such a request, the court shall set a hearing and the prosecuting attorney shall send notice of the hearing to the defendant and the alleged victim. At the hearing the court shall review the terms of the protection order and any further orders entered and shall consider the modifications, if any, requested by the defendant or the prosecuting attorney.

(7) The duties of peace officers enforcing orders issued pursuant to this section shall be in accordance with section 18-6-803.5 and any rules adopted by the Colorado supreme court pursuant to said section.

(8) For purposes of this section:

(a) “Court” means the trial court or a designee of the trial court.

(a.5) “Protection order” shall include a restraining order entered pursuant to this section prior to July 1, 2003.

(b) “Until final disposition of the action” means until the case is dismissed, until the defendant is acquitted, or until the defendant completes his or her sentence. Any defendant sentenced to probation or incarceration shall be deemed to have completed his or her sentence upon discharge from probation or incarceration, as the case may be.

CREDIT(S)

Added by Laws 1984, H.B.1326, § 3. Amended by Laws 1985, H.B.1254, § 10; Laws 1991, H.B.91-1177, § 3, eff. May 31, 1991; Laws 1994, H.B.94-1090, § 6, eff. Jan. 1, 1995; Laws 1994, H.B.94-1092, § 3, eff. June 3, 1994; Laws 1994, H.B.94-1253, § 24, eff. July 1, 1994; Laws 1998, Ch. 314, § 28, eff. July 1, 1998; Laws 2003, Ch. 139, §§ 4, 5, eff. July 1, 2003; Laws 2011, Ch. 273, § 1, eff. June 2, 2011; Laws 2012, Ch. 176, § 3, eff. May 11, 2012.

C.R.S.A. § 18-1-1002

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 10. Orders and Proceedings Against Defendant

§ 18-1-1002. Criminal contempt proceedings--notice to district attorney

Before a criminal contempt proceeding is heard before the court, notice of the proceedings shall be provided to the district attorney for the district of the court where the proceedings are to be heard and the district attorney for the district of the court where the alleged act of criminal contempt occurred. The district attorney for either district shall be allowed to appear and argue for the imposition of contempt sanctions.

CREDIT(S)

Added by Laws 1994, H.B.94-1126, § 7, eff. July 1, 1994.

C.R.S.A. T. 18, Art. 1, Pt. 11, Disp Table

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 1. Provisions Applicable to Offenses Generally

Part 11. Preservation of DNA Evidence

DISPOSITION TABLE

Showing where the subject matter of sections contained in part 11 of article 1 of title 18, prior to repeal by Laws 2009, Ch. 20, § 1, eff. March 18, 2009 can now be found.

Repealed Sections

Reenacted Sections

18-1-1101

18-1-1101

18-1-1102

18-1-1103, 18-1-1104

18-1-1103

18-1-1105

18-1-1104

18-1-1109

C.R.S.A. § 18-1-1101

Effective: March 18, 2009

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 11. Preservation of DNA Evidence (Refs & Annos)

§ 18-1-1101. Definitions

As used in this part 11, unless the context otherwise requires:

(1) “Disposed of” means evidence is destroyed, thrown away, or returned to the owner or his or her designee.

(2) “DNA” means deoxyribonucleic acid.

(3) “DNA evidence” means all evidence collected by law enforcement in a criminal investigation, which evidence may be reasonably believed to contain DNA that is relevant to a disputed issue in the investigation and prosecution of the case.

(4) “DNA profile” means an identifier obtained as a result of a specific DNA analysis.

CREDIT(S)

Repealed and reenacted by Laws 2009, Ch. 20, § 1, eff. March 18, 2009.

C.R.S.A. § 18-1-1102

Effective: March 18, 2009

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 11. Preservation of DNA Evidence (Refs & Annos)

§ 18-1-1102. Scope

(1) The provisions of this part 11 shall apply to the preservation of DNA evidence only when:

(a) The investigation of a felony does not result in or has not resulted in charges being filed; or

(b) The filed charges resulted in a conviction for a class 1 felony or for a sex offense that carries an indeterminate sentence pursuant to section 18-1.3-1004; or

(d) The filed charges resulted in a conviction for any offense not covered by paragraphs (b) and (c) of this subsection (1), and at least one of the charges filed involved a sex offense as defined in section 18-1.3-1003(5).

(2) For purposes of subsection (1) of this section, conviction shall include a verdict of guilty by a judge or jury, a plea of guilty or nolo contendere, or a deferred judgment and sentence. For purposes of paragraph (d) of subsection (1) of this section, conviction shall also include a juvenile delinquent adjudication or deferred adjudication.

(3) This part 11 does not impose a statutory duty to retain or store evidence other than in the situations described in this section.

CREDIT(S)

Repealed and reenacted by Laws 2009, Ch. 20, § 1, eff. March 18, 2009.

C.R.S.A. § 18-1-1103

Effective: March 18, 2009

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 11. Preservation of DNA Evidence (Refs & Annos)

§ 18-1-1103. Duty to preserve DNA evidence

(1) A law enforcement agency that collects DNA evidence in conducting a criminal investigation of a felony that does not result in or has not resulted in charges being filed shall preserve the DNA evidence for the length of the statute of limitations for the felony crime that was investigated.

(2) Except as provided in sections 18-1-1105 to 18-1-1107, a law enforcement agency that collects DNA evidence in conducting a criminal investigation that results in a conviction listed in section 18-1-1102(1) shall preserve the DNA evidence for the life of the defendant who is convicted.

CREDIT(S)

Repealed and reenacted by Laws 2009, Ch. 20, § 1, eff. March 18, 2009.

C.R.S.A. § 18-1-1104

Effective: March 18, 2009

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 11. Preservation of DNA Evidence (Refs & Annos)

§ 18-1-1104. Manner and location of preservation of DNA evidence

(1) When DNA evidence that is subject to preservation pursuant to section 18-1-1103 is processed for the development of a DNA profile, the DNA profile shall be preserved by the accredited laboratory in Colorado that develops the DNA profile. If the DNA profile is not developed by an accredited laboratory in Colorado, the laboratory that processes the DNA profile shall send the DNA profile to an accredited laboratory in Colorado for preservation.

(2) A law enforcement agency that has custody of DNA evidence that is subject to preservation pursuant to section 18-1-1103 shall preserve the evidence in an amount and manner sufficient to develop a DNA profile, based on the best scientific practices at the time of collection, from the biological material contained in or included on the evidence. If DNA evidence is of such a size, bulk, or physical character as to render retention impracticable, the law enforcement agency shall remove and preserve portions of the evidence likely to contain DNA related to the offense in a quantity sufficient, based on the best scientific practices at the time of collection, to permit future DNA testing. The preserved DNA evidence shall, whenever possible, include a sample sufficient to allow for independent testing by the defendant. After preserving the necessary amount of the DNA evidence, the law enforcement agency may dispose of the remainder of the evidence.

(3) If a law enforcement agency is asked to produce DNA evidence that is subject to preservation pursuant to section 18-1-1103 and cannot produce the evidence, the chief evidence custodian for the law enforcement agency shall provide an affidavit in which he or she describes, under penalty of perjury, the efforts taken to locate the DNA evidence and affirms that the DNA evidence could not be located.

(4) If upon request a law enforcement agency cannot produce DNA evidence that is subject to preservation pursuant to section 18-1-1103, the court shall determine whether the disposal of the DNA evidence violated the defendant's due process rights, and, if so, the court shall order an appropriate remedy.

CREDIT(S)

Repealed and reenacted by Laws 2009, Ch. 20, § 1, eff. March 18, 2009.

C.R.S.A. § 18-1-1105

Effective: July 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 11. Preservation of DNA Evidence (Refs & Annos)

§ 18-1-1105. Law enforcement agency request for permission to dispose of evidence--procedures

(1) A law enforcement agency may not request permission to dispose of DNA evidence in cases described in section 18-1-1102(1)(a) and (1)(b).

(2) In cases described in section 18-1-1102(1)(c) and (1)(d), a law enforcement agency may seek to dispose of DNA evidence by providing notice, in the form developed pursuant to section 18-1-1108, to the district attorney that prosecuted the charges arising out of the investigation.

(3) Upon receipt of the notice described in subsection (2) of this section, the district attorney shall determine whether to object to the disposal of the DNA evidence. The district attorney may determine that a portion of the DNA evidence may be disposed of and a portion of the DNA evidence shall be preserved.

(4)(a) If the district attorney determines that the DNA evidence should not be disposed of, the district attorney shall provide notice to the law enforcement agency that the DNA evidence shall be preserved. Upon the receipt of the notice from the district attorney to preserve the DNA evidence, the law enforcement agency shall preserve the DNA evidence until such time as the law enforcement agency is permitted by a court order to dispose of the DNA evidence.

(b)(I) If the district attorney determines that all or a portion of the DNA evidence may be disposed of, he or she shall send notice to the defendant and the law enforcement agency specifying which DNA evidence may be disposed of. Notice to the defendant shall include a copy of the notice form prepared by the law enforcement agency pursuant to subsection (2) of this section.

(II) The defendant shall have ninety-eight days from the date the notice was sent by the district attorney to file a motion to preserve DNA evidence in the court in which the defendant was convicted. The motion shall state specific grounds supporting the preservation of the DNA evidence, and the defendant shall provide copies of the motion to the district attorney and the law enforcement agency.

(III) If no motion is filed within the ninety-eight-day period, the district attorney or the law enforcement agency requesting disposal of the evidence shall file with the court a copy of the notice sent to the defendant pursuant to subparagraph (I) of this paragraph (b), and the court shall forthwith, without hearing, enter an order authorizing disposal of the DNA evidence and provide copies of the order to the defendant, district attorney, and law enforcement agency.

(IV) If the defendant files a motion, the court shall follow the procedure set forth in subsection (6) of this section.

(c)(I) If the law enforcement agency does not receive notice from the district attorney as described in paragraph (a) or (b) of this subsection (4) within a reasonable amount of time or does receive timely notice from the district attorney pursuant to paragraph (a) of this subsection (4), the law enforcement agency may file a motion with the court that entered the conviction in the case in which the evidence was collected, asking for a court order to dispose of the DNA evidence. The motion shall include a copy of the notice the law enforcement agency provided to the district attorney. The law enforcement agency shall provide a copy of the disposal motion to the district attorney and the defendant contemporaneously with the filing of the motion. The law enforcement agency shall specify the DNA evidence for which disposal is requested in the motion.

(II) The defendant or the district attorney shall have ninety-eight days after the disposal motion is sent to file an objection in the court in which the disposal motion was filed. The objection shall state specific grounds supporting the preservation of the DNA evidence. If the district attorney files an objection, the district attorney shall provide copies of the objection to the defendant and the law enforcement agency. If the defendant files an objection, the defendant shall provide copies of the objection to the district attorney and the law enforcement agency.

(5) The defendant, through legal counsel, shall have a reasonable right to review the DNA evidence to prepare the filing of a timely objection to the disposal motion or the district attorney's notice received pursuant to paragraph (b) of subsection (4) of this section.

(6)(a) Upon receipt pursuant to subparagraph (II) of paragraph (c) of subsection (4) of this section of a timely filed objection, the court may deny the objection without a hearing if it finds on the face of the objection no grounds supporting the request to preserve the DNA evidence. The court shall then enter an order authorizing disposal of the DNA evidence and provide copies of the order to the defendant, district attorney, and law enforcement agency.

(b) If the court determines that a timely filed objection or motion to preserve states adequate grounds to require preservation of the DNA evidence, the court may set a hearing on the objection or motion to preserve, with notice to the district attorney, the law enforcement agency, and the defendant, or the court may deny the disposal motion without a hearing.

(c) In considering an objection or motion to preserve pursuant to this subsection (6), the court shall consider the following factors in determining whether to order preservation of the DNA evidence:

(I) Whether identification was a disputed issue;

(II) Whether the evidence contains known DNA;

(III) Whether it is possible to perform DNA testing on the evidence that has not previously been performed;

(IV) Whether the defendant has served all of his or her sentence; and

(V) Whether the defendant has state appellate or collateral attack rights that have not been exhausted, in which case there shall be a presumption that the DNA evidence should be preserved.

(d) Following a hearing on a disposal motion or motion to preserve, the court shall enter an order either authorizing disposal of the DNA evidence or ordering the DNA evidence to be preserved. If the court orders preservation, the order may state the length of time the DNA evidence shall be preserved or establish a condition precedent for the disposition of the DNA evidence.

CREDIT(S)

Repealed and reenacted by Laws 2009, Ch. 20, § 1, eff. March 18, 2009. Amended by Laws 2012, Ch. 208, § 104, eff. July 1, 2012.

C.R.S.A. § 18-1-1106

Effective: March 18, 2009

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 11. Preservation of DNA Evidence (Refs & Annos)

§ 18-1-1106. Defendant request for disposition of or waiver of preservation of DNA evidence--procedures

(1) In a case described in section 18-1-1102(1), a defendant may petition the court on his or her own behalf for the disposal of DNA evidence in his or her case. The defendant shall provide a copy of the petition to the district attorney, who may join with or object to the defendant's petition. Upon the filing of the petition, the timing and procedures of section 18-1-1105 shall apply. By filing a petition for disposition of DNA evidence, the defendant waives any right to preservation of that evidence under this part 11. However, a defendant may not be compelled to file a motion under this section in order to obtain a plea or sentence agreement.

(2) In a case described in section 18-1-1102(1), a defendant may waive his or her right to preservation of DNA evidence under this part 11 at any stage of the proceeding by making a knowing and voluntary waiver. A waiver executed as a part of a plea bargain or sentencing agreement shall be voluntarily agreed to by all parties and shall include a written list describing all evidence to be disposed of.

CREDIT(S)

Repealed and reenacted by Laws 2009, Ch. 20, § 1, eff. March 18, 2009.

C.R.S.A. § 18-1-1107

Effective: March 18, 2009

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 11. Preservation of DNA Evidence (Refs & Annos)

§ 18-1-1107. Victim request for disposition of DNA evidence--procedures

In a case described in section 18-1-1102(1), if DNA evidence is being held that is the property of the victim, as defined in section 24-4.1-302(5), C.R.S., of the crime, the victim may request the district attorney to review whether the DNA evidence may be returned. If the district attorney determines the DNA evidence may be returned, the district attorney may file a petition with the court for the return of the DNA evidence. The district attorney shall provide notice to the defendant of the petition. Upon the filing of the petition, the timing and procedures of section 18-1-1105 shall apply.

CREDIT(S)

Repealed and reenacted by Laws 2009, Ch. 20, § 1, eff. March 18, 2009.

C.R.S.A. § 18-1-1108

Effective: March 18, 2009

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 11. Preservation of DNA Evidence (Refs & Annos)

§ 18-1-1108. Notice--form and sufficiency

(1) Notice to the defendant as required by this part 11 shall be proper if it is sent by United States mail or hand-delivered to the attorney of record for the defendant as defined in rule 44 of the Colorado rules of criminal procedure. If there is no attorney of record, notice to the defendant shall be proper if it is sent by United States mail to the last-known address of the defendant as reflected in the current motor vehicle records or, if no such record exists, the last-known address in the court file. Prior to sending notice by United States mail, however, the district attorney shall first review the department of corrections records to determine whether the defendant is in the physical custody of the department of corrections or on parole. If the defendant is in the physical custody of the department of corrections or on parole, the district attorney shall send notice by United States mail to the correctional facility in which, according to the department's records, the defendant is housed or to the address to which the defendant has been paroled. If the letter is returned because the defendant has been transferred to a different correctional facility, the district attorney shall send notice to the new facility in which the defendant is housed.

(2) The department of public safety, in consultation with state and local law enforcement agencies, shall develop a form to be used by all law enforcement agencies for providing notice to the district attorney and the defendant as described in section 18-1-1105(2).

CREDIT(S)

Repealed and reenacted by Laws 2009, Ch. 20, § 1, eff. March 18, 2009.

C.R.S.A. § 18-1-1109

Effective: July 1, 2010

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1. Provisions Applicable to Offenses Generally (Refs & Annos)

Part 11. Preservation of DNA Evidence (Refs & Annos)

§ 18-1-1109. Repealed by Laws 2009, Ch. 20, § 1, eff. July 1, 2010

C.R.S.A. T. 18, Art. 1.3, Refs & Annos

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 1.3. Sentencing in Criminal Cases

RELOCATION

LEGISLATIVE DECLARATION

<“The general assembly hereby finds that the relocation of certain existing criminal sentencing statutes to a new article in the criminal code represents an important initial step toward the centralization of the substantive criminal statutes of this state. The general assembly further finds that the provisions of this act merely relocate certain existing criminal sentencing statutes without making any substantive changes or altering the elements of any crime, and without altering the penalty for any crime. Therefore, the provisions of this act are not retrospective or ex post facto, and they may constitutionally apply to all cases in which a person is charged with a criminal offense under the laws of this state.”>

C.R.S.A. § 18-1.3-101

Effective: July 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 1. Alternatives in Sentencing

§ 18-1.3-101. Deferred prosecution

(1) Except as otherwise provided in section 18-6-801(4), in any case, the court may, prior to trial or entry of a plea of guilty and with the consent of the defendant and the prosecution, order the prosecution of the offense to be deferred for a period not to exceed two years; except that the period of deferred prosecution may be extended for an additional time up to one hundred eighty-two days if the failure to pay the amounts specified in subsection (2) of this section is the sole condition of supervision which has not been fulfilled, because of inability to pay, and the defendant has shown a future ability to pay. During that time, the court may place the defendant under the supervision of the probation department and may require the defendant to undergo counseling or treatment for the defendant's mental condition, or for alcohol or drug abuse, or for both such conditions.

(2) Upon the defendant's satisfactory completion of and discharge from supervision, the charge against the defendant shall be dismissed with prejudice. If the conditions of supervision are violated, the defendant shall be tried for the offense for which he or she is charged. The violation of conditions of supervision shall be determined by a hearing before the court which granted the deferred prosecution. The burden in such hearing shall be upon the district attorney by a preponderance of the evidence to show that a violation has in fact occurred. However, if the alleged violation is the failure to pay court-ordered compensation to appointed counsel, probation fees, court costs, restitution, or reparations, evidence of the failure to pay shall constitute prima facie evidence of a violation. The presiding judge at the hearing may temper the rules of evidence in the exercise of sound judicial discretion.

(3) Upon consenting to a deferred prosecution as provided in this section, the defendant shall execute a written waiver of his or her right to a speedy trial. Consent to a deferred prosecution under this section shall not be construed as an admission of guilt, nor shall such consent be admitted in evidence in a trial for the offense for which he or she is charged.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2012, Ch. 208, § 105, eff. July 1, 2012.

C.R.S.A. § 18-1.3-102

Effective: July 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 1. Alternatives in Sentencing

§ 18-1.3-102. Deferred sentencing of defendant

(1)(a) In any case in which the defendant has entered a plea of guilty, the court accepting the plea has the power, with the written consent of the defendant and his or her attorney of record and the district attorney, to continue the case for the purpose of entering judgment and sentence upon the plea of guilty for a period not to exceed four years for a felony or two years for a misdemeanor or petty offense or traffic offense. The period shall begin to run from the date that the court continues the case.

(b) The period may be extended for an additional time:

(I) Up to one hundred eighty-two days if the failure to pay restitution is the sole condition of supervision which has not been fulfilled, because of inability to pay, and the defendant has shown a future ability to pay. During such time, the court may place the defendant under the supervision of the probation department; or

(II) Up to two years if the deferred judgment is for an offense listed in section 16-11.7-102(3), C.R.S., good cause is shown, and the district attorney and defendant consent to the extension.

(2) Prior to entry of a plea of guilty to be followed by deferred judgment and sentence, the district attorney, in the course of plea discussion as provided in sections 16-7-301 and 16-7-302, C.R.S., is authorized to enter into a written stipulation, to be signed by the defendant, the defendant's attorney of record, and the district attorney, under which the defendant is obligated to adhere to such stipulation. The conditions imposed in the stipulation shall be similar in all respects to conditions permitted as part of probation. Any person convicted of a crime, the underlying factual basis of which included an act of domestic violence, as defined in section 18-6-800.3(1), shall stipulate to the conditions specified in section 18-1.3-204(2)(b). In addition, the stipulation may require the defendant to perform community or charitable work service projects or make donations thereto. Upon full compliance with such conditions by the defendant, the plea of guilty previously entered shall be withdrawn and the charge upon which the judgment and sentence of the court was deferred shall be dismissed with prejudice. Such stipulation shall specifically provide that, upon a breach by the defendant of any condition regulating the conduct of the defendant, the court shall enter judgment and impose sentence upon such guilty plea. When, as a condition of the deferred sentence, the court orders the defendant to make restitution, evidence of failure to pay the said restitution shall constitute prima facie evidence of a violation. Whether a breach of condition has occurred shall be determined by the court without a jury upon application of the district attorney or a probation officer and upon notice of hearing thereon of not less than seven days to the defendant or the defendant's attorney of record. Application for entry of judgment and imposition of sentence may be made by the district attorney or a probation officer at any time within the term of the deferred judgment or within thirty-five days thereafter. The burden of proof at such hearing shall be by a preponderance of the evidence, and the procedural safeguards required in a revocation of probation hearing shall apply.

(3) When a defendant signs a stipulation by which it is provided that judgment and sentence shall be deferred for a time certain, he or she thereby waives all rights to a speedy trial, as provided in section 18-1-405.

(4) A warrant for the arrest of any defendant for breach of a condition of a deferred sentence may be issued by any judge of a court of record upon the report of a probation officer, or upon the verified complaint of any person, establishing to the satisfaction of the judge probable cause to believe that a condition of the deferred sentence has been violated and that the arrest of the defendant is reasonably necessary. The warrant may be executed by any probation officer or by a peace officer authorized to execute warrants in the county in which the defendant is found.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2012, Ch. 208, § 106, eff. July 1, 2012; Laws 2012, Ch. 268, § 11, eff. June 7, 2012.

C.R.S.A. § 18-1.3-103

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 1. Alternatives in Sentencing

§ 18-1.3-103. Repealed by Laws 2002, Ch. 318, § 2, eff. July 1, 2006

C.R.S.A. § 18-1.3-104

Effective: August 10, 2011

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 1. Alternatives in Sentencing

§ 18-1.3-104. Alternatives in imposition of sentence

(1) Within the limitations of the applicable statute pertaining to sentencing and subject to the provisions of this title, the trial court has the following alternatives in entering judgment imposing a sentence:

(a) The defendant may be granted probation unless any provision of law makes him or her ineligible for probation. The granting or denial of probation and the conditions of probation including the length of probation shall not be subject to appellate review unless probation is granted contrary to the provisions of this title.

(b) Subject to the provisions of section 18-1.3-401, in class 2, class 3, class 4, class 5, and class 6 felonies, the defendant may be sentenced to imprisonment for a definite period of time.

(b.5)(I) Except as otherwise provided by subparagraph (II) of this paragraph (b.5), any defendant who, in the determination of the court, is a candidate for an alternative sentencing option and who would otherwise be sentenced to imprisonment pursuant to paragraph (b) of this subsection (1) may, as an alternative, be sentenced to a specialized restitution and community service program pursuant to section 18-1.3-302, which may include restorative justice practices, as defined in section 18-1-901(3)(o.5), if such defendant is determined eligible and is accepted into such program. To be eligible for restorative justice practices, the defendant shall not have been convicted of unlawful sexual behavior as defined in section 16-22-102(9), C.R.S., a crime in which the underlying factual basis involves domestic violence, as defined in section 18-6-800.3(1), stalking as defined in section 18-3-602, or violation of a protection order as defined in section18-6-803.5. If the court orders the defendant to attend a restorative justice practices victim-offender conference, the facilitator of the conference shall provide his or her services for a fee of no more than one hundred twenty-five dollars, based on a sliding scale; however, the fee may be waived by the court. Any statements made during the conference shall be confidential and shall not be used as a basis for charging or prosecuting the defendant unless the defendant commits a chargeable offense during the conference.

(II)(A) The court shall consider and may sentence any defendant who is a nonviolent offender as defined in sub-subparagraph (B) of this subparagraph (II) pursuant to subsection (2) of this section.

(B) As used in this section, “nonviolent offender” means a person convicted of a felony other than a crime of violence as defined in section 18-1.3-406(2), one of the felonies set forth in section 18-3-104, 18-4-203, 18-4-301, or 18-4-401(2)(c), (2)(d), or (5), or a felony offense committed against a child as set forth in articles 3, 6, and 7 of this title, and who is not subject to the provisions of section 18-1.3-801.

(c) The defendant shall be sentenced to death in those cases in which a death sentence is required under section 18-1.3-1201, 18-1.3-1302, or 18-1.4-102.

(d) The defendant may be sentenced to the payment of a fine or to a term of imprisonment or to both a term of imprisonment and the payment of a fine; except that a person who has been twice convicted of a felony under the laws of this state, any other state, or the United States prior to the conviction for which he or she is being sentenced is not eligible to receive a fine in lieu of imprisonment. No fine shall be imposed for conviction of a felony except as provided in sections 18-1.3-401 and 25-15-310, articles 22 to 29 of title 39, or article 3 of title 42, C.R.S.

(e) The defendant may be sentenced to comply with any other court order authorized by law.

(f) The defendant may be sentenced to payment of costs.

(g) The defendant may be sentenced pursuant to part 4 or 5 of this article.

(h)(I) If the defendant is eligible pursuant to section 18-1.3-407.5 or section 19-2-517 (6), C.R.S., the defendant may be sentenced to the youthful offender system in accordance with section 18-1.3-407.

(II) Repealed by Laws 2004, Ch. 70, § 1, eff. April 5, 2004.

(i) Notwithstanding any provision of this subsection (1) to the contrary, the court shall sentence any person convicted of a sex offense, as defined in section 18-1.3-1003(5), committed on or after November 1, 1998, pursuant to the provisions of part 10 of this article.

(2)(a) The sentencing court shall consider the following factors in sentencing nonviolent offenders:

(I) The nature and character of the offense;

(II) The character and record of the nonviolent offender, including whether the offender is a first-time offender;

(III) The offender's employment history;

(IV) The potential rehabilitative value of the sentencing alternatives available to the court;

(V) Any potential impact on the safety of the victim, the victim's family, and the general public based upon sentencing alternatives available to the court; and

(VI) The offender's ability to pay restitution to the victim or the victim's family based upon the sentencing alternatives available to the court.

(b) A nonviolent offender may be granted probation pursuant to paragraph (a) of subsection (1) of this section and, as a condition of probation, be required to participate in an intensive supervision program pursuant to section 18-1.3-208.

(c) The court shall consider and may sentence a nonviolent offender to any one or any combination of the sentences described in this paragraph (c) if, upon consideration of the factors described in paragraph (a) of this subsection (2), the court does not grant probation pursuant to paragraph (b) of this subsection (2) or does not sentence the offender to the department of corrections as provided under paragraph (d) of this subsection (2):

(I) A community corrections program pursuant to section 18-1.3-301;

(II) A home detention program pursuant to section 18-1.3-105; or

(III) A specialized restitution and community service program pursuant to section 18-1.3-302.

(d) Nothing in this subsection (2) shall be construed as prohibiting a court from exercising its discretion in sentencing a nonviolent offender to the department of corrections based upon, but not limited to, any one or more factors described in paragraph (a) of this subsection (2).

(3)(a) In determining the appropriate sentencing alternative for a defendant who has been convicted of unlawful sexual behavior as defined in section 16-22-102(9), the sentencing court shall consider the defendant's previous criminal and juvenile delinquency records, if any, set forth in the presentence investigation report prepared pursuant to section 16-11-102(1)(a), C.R.S.

(b) For purposes of this subsection (3), “convicted” means a conviction by a jury or by a court and shall also include a deferred judgment and sentence, a deferred adjudication, an adjudication, and a plea of guilty or nolo contendere.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2002, 3rd Ex.Sess., Ch. 1, § 24, eff. July 12, 2002; Laws 2003, Ch. 134, § 12, eff. April 17, 2003; Laws 2004, Ch. 70, § 1, eff. April 5, 2004; Laws 2009, Ch. 77, § 3, eff. Oct. 1, 2009. Amended by Laws 2010, Ch. 264, § 4, eff. Aug. 11, 2010; Laws 2011, Ch. 296, § 7, eff. Aug. 10, 2011.

C.R.S.A. § 18-1.3-105

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 1. Alternatives in Sentencing

§ 18-1.3-105. Authority of sentencing courts to utilize home detention programs

(1)(a) A sentencing judge is authorized to sentence any offender, as defined in subsection (5) of this section, to a home detention program operated pursuant to a contractual agreement with the department of public safety pursuant to this article for all or part of such offender's sentence.

(b) Prior to sentencing any offender directly to a home detention program, the sentencing judge shall consider the following factors:

(I) The safety of victims and witnesses of the offender's criminal acts;

(II) The safety of the public at large;

(III) The seriousness of any offense committed by the offender together with any information relating to the original charge against the offender;

(IV) The offender's prior criminal record; and

(V) The ability of the offender to pay for the costs of home detention and any restitution to victims of his or her criminal acts.

(c) The sentencing judge shall make every reasonable effort to notify the victims of crime that the offender has been sentenced to a home detention program. Such notice shall be sent to the last address in the possession of the court, and the victim of the crime has the duty to keep the court informed of his or her most current address.

(d) An offender who has been convicted of a crime, the underlying factual basis of which was found by the court to include an act of domestic violence, as defined in section 18-6-800.3(1), shall not be eligible for home detention in the home of the victim pursuant to this article.

(2) Any offender who is directly sentenced to a home detention program pursuant to subsection (1) of this section and fails to carry out the terms and conditions prescribed by the sentencing court in his or her sentence to a home detention program shall be returned to the court and resentenced as soon as possible.

(3) A sentencing judge is authorized to require any offender, as defined in subsection (5) of this section, as a condition of probation, to serve an appropriate period of time extending from ninety days to one year in a home detention program operated directly by the judicial department, or in a home detention program operated pursuant to a contractual agreement with the department of public safety.

(4) The general assembly hereby declares that this section shall be effective July 1, 1990, only in the counties of Boulder, Larimer, and Pueblo in order to facilitate a pilot program in Boulder, Larimer, and Pueblo counties which shall extend from July 1, 1990, until July 1, 1992.

(5) As used in this section, unless the context otherwise requires:

(a) “Home detention” means an alternative correctional sentence or term of probation supervision wherein a defendant convicted of any felony, other than a class 1 or violent felony, is allowed to serve his or her sentence or term of probation, or a portion thereof, within his or her home or other approved residence. Such sentence or term of probation shall require the offender to remain within his or her approved residence at all times except for approved employment, court-ordered activities, and medical needs.

(b) “Offender” means any person who has been convicted of or who has received a deferred sentence for a felony, other than a class 1 or violent felony.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-106

Effective: July 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 1. Alternatives in Sentencing

§ 18-1.3-106. County jail sentencing alternatives--work, educational, and medical release--home detention--day reporting

(1)(a) Any county may provide a program whereby any person sentenced to the county jail upon conviction for a crime, nonpayment of any fine or forfeiture, or contempt of court may be granted by the court the privilege of leaving the jail during necessary and reasonable hours for any of the following purposes:

(I) Seeking employment;

(II) Working at his or her employment;

(III) Conducting his or her own business or other self-employed occupation including housekeeping and attending to the needs of the family;

(IV) Attendance at an educational institution;

(V) Medical treatment;

(VI) Home detention; or

(VII) Day reporting.

(b) A court may order a person who would otherwise be sentenced to the county jail upon conviction of a crime to be sentenced directly to an available day reporting program if the court deems such a sentence to be appropriate for the offender.

(1.1) For purposes of this section, “home detention” means an alternative correctional sentence or term of legal supervision wherein a defendant charged or convicted of a misdemeanor, felony, nonpayment of any fine, or contempt of court is allowed to serve his or her sentence or term of supervision, or a portion thereof, within his or her home or other approved residence. Such sentence or term of supervision shall cause the defendant to remain within such defendant's approved residence at all times except for approved employment, court-ordered activities, and medical needs. Supervision of the defendant shall include personal monitoring by an agent or designee of the referring unit of government and monitoring by electronic or global positioning devices that are capable of detecting and reporting the defendant's absence or presence within the approved residence.

(1.3) Before a court may grant a person sentenced to the county jail the privilege of leaving the jail to attend a postsecondary educational institution, the court shall first notify the prosecuting attorney and the postsecondary educational institution of its intention to grant the privilege and requesting their comments thereon. The notice shall include all relevant information pertaining to the person and the crime for which he or she was convicted. Both the prosecuting attorney and the postsecondary institution shall reply to the court in writing within fourteen days after receipt of the notification or within such other reasonable time in excess of fourteen days as specified by the court. The postsecondary educational institution's reply shall include a statement of whether or not it will accept the person as a student. Acceptance by a state postsecondary educational institution shall be pursuant to section 23-5-106, C.R.S.

(2) Unless directly sentenced to a day reporting program pursuant to paragraph (b) of subsection (1) of this section or unless such privilege is otherwise expressly granted by the sentencing court, the prisoner shall be confined as sentenced. The prisoner may petition the court for such privilege at the time of sentencing or thereafter and, in the discretion of the court, may renew his or her petition. The court may withdraw the privilege at any time by order entered with or without notice.

(3) The sheriff may endeavor to secure employment for unemployed prisoners under this section. If a prisoner is employed for wages or salary, the sheriff may collect the same or require the prisoner to turn over his or her wages or salary in full when received, and the sheriff shall deposit the same in a trust checking account and shall keep a ledger showing the status of the account of each prisoner.

(4) Every prisoner gainfully employed shall be liable for the cost of his or her board in the jail or the cost of the supervision and administrative services if he or she is home-detained, as fixed by the board of county commissioners. If necessarily absent from jail at mealtime, he or she shall, at his or her request, be furnished with an adequate nourishing lunch to carry to work. The sheriff shall charge his or her account, if he or she has one, for such board. If the prisoner is gainfully self-employed, he or she shall pay the sheriff for such board, in default of which his or her privilege under this section shall be automatically forfeited. If the jail food is furnished directly by the county, the sheriff shall account for and pay over such board payments to the county treasurer. The board of county commissioners may, by resolution, provide that the county furnish or pay for the transportation of prisoners employed under this section to and from the place of employment. The sheriff shall reimburse the county or other disbursing agent for all such expenses incurred in accordance with this section and article 26 of title 17, C.R.S., as soon as adequate funds are available in the prisoner's account and in accordance with paragraph (b) of subsection (5) of this section.

(5) By order of the court, the wages or salaries of employed prisoners shall be disbursed by the sheriff for the following purposes, in the order stated:

(a) Payment of any current child support order;

(b) Payment of any child support arrearage;

(b.3) Payment of any child support debt order;

(d) Payment of costs for the crime victim compensation fund, pursuant to section 24-4.1-119, C.R.S.;

(e) Payment of surcharges for the victims and witnesses assistance and law enforcement fund, pursuant to section 24-4.2-104, C.R.S.;

(f) Payment of restitution;

(g) Payment of a time payment fee;

(h) Payment of late fees;

(i) Payment of any other fines, fees, or surcharges;

(j) Payment of the board of the prisoner;

(k) Payment of the supervision and administrative services provided to the prisoner during his or her home detention;

(l) Payment of necessary travel expense to and from work and other incidental expenses of the prisoner;

(m) Payment, either in full or ratably, of the prisoner's obligations acknowledged by him or her in writing or which have been reduced to judgment; and

(n) The balance, if any, to the prisoner upon his or her discharge.

(6) The court may by order authorize the sheriff to whom the prisoner is committed to arrange with another sheriff for the employment or home detention of the prisoner in the other's county and, while so employed or so detained, for the prisoner to be in the other's custody but in other respects to be and continue subject to the commitment.

(7) If the prisoner was convicted in a court in another county, the court of record having criminal jurisdiction may, at the request or with the concurrence of the committing court, make all determinations and orders under this section which might otherwise be made by the sentencing court after the prisoner is received at the jail.

(8) The board of county commissioners may, by resolution, direct that functions of the sheriff under either subsection (3) or (5) of this section, or both, be performed by the county department of social services; or, if the board of county commissioners has not so directed, a court of record may order that the prisoner's earnings be collected and disbursed by the clerk of the court. Such order shall remain in force until rescinded by the board or the court, whichever made it.

(9) The county department of social services shall at the request of the court investigate and report to the court the amount necessary for the support of the prisoner's dependents.

(10) The sheriff may refuse to permit the prisoner to exercise his or her privilege to leave the jail as provided in subsection (1) of this section for any breach of discipline or other violation of jail regulations. Any such breach of discipline or other violation of jail regulations shall be reported to the sentencing court.

(11) A prisoner who has been convicted of one of the crimes of violence as defined in section 18-1.3-406(2), who has been convicted of a sex offense as defined in sections 18-1.3-903(5) and 18-3-411, who has been convicted of a crime, the underlying factual basis of which was found by the court to include an act of domestic violence, as defined in section 18-6-800.3(1), or who has been convicted of a class 1 misdemeanor in which a deadly weapon is used shall not be eligible for home detention pursuant to this section.

(12) Persons sentenced to the county jail as a direct sentence or sentenced to the county jail as a condition of probation who are permitted to participate in work, educational, medical release, home detention, or day reporting programs pursuant to subsection (1) of this section shall receive one day credit against their sentences for each day spent in such programs. As used in this section, “day reporting program” means an alternative correctional sentence wherein a defendant is allowed to serve his or her sentence by reporting daily to a central location wherein the defendant is supervised in court-ordered activities.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2006, Ch. 6, § 2, eff. March 8, 2006; Laws 2008, Ch. 392, § 51, eff. Aug. 5, 2008; Laws 2012, Ch. 208, § 107, eff. July 1, 2012.

C.R.S.A. T. 18, Art. 1.3, Pt. 2, Refs & Annos

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 1.3. Sentencing in Criminal Cases

Part 2. Probation

C.R.S.A. § 18-1.3-201

Effective: June 7, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 2. Probation (Refs & Annos)

§ 18-1.3-201. Application for probation

(1)(a) A person who has been convicted of an offense, other than a class 1 felony or a class 2 petty offense, is eligible to apply to the court for probation.

(b) Repealed by Laws 2010, Ch. 257, § 2, eff. May 25, 2010.

(2)(a) The provisions of this subsection (2) shall apply to any person whose application for probation is based on a conviction for a felony, which conviction occurred before May 25, 2010.

(a.5) A person who has been twice or more convicted of a felony under the laws of this state, any other state, or the United States prior to the conviction on which his or her application is based shall not be eligible for probation.

(b) Notwithstanding any other provision of law except the provisions of paragraph (c) of this subsection (2), a person who has been convicted of one or more felonies under the laws of this state, any other state, or the United States within ten years prior to a class 1, 2, or 3 felony conviction on which his or her application is based shall not be eligible for probation.

(c) Notwithstanding the provisions of paragraph (a.5) of this subsection (2) and subsection (4) of this section, an offender convicted of a violation of section 18-18-403.5 may be eligible for probation upon recommendation of the district attorney.

(d) Repealed by Laws 2007, Ch. 383, § 10, eff. July 1, 2007.

(2.1) Repealed by Laws 2007, Ch. 383, § 10, eff. July 1, 2007.

(2.5)(a) The provisions of this subsection (2.5) shall apply to any person whose application for probation is based on a conviction for a felony, which conviction occurred on or after May 25, 2010.

(b) Except as described in paragraph (a) of subsection (4) of this section, a person who has been twice or more convicted of a felony upon charges separately brought and tried and arising out of separate and distinct criminal episodes under the laws of this state, any other state, or the United States prior to the conviction on which his or her application is based shall not be eligible for probation if the current conviction or a prior conviction is for:

(I) First or second degree murder, as described in section 18-3-102 or 18-3-103;

(II) Manslaughter, as described in section 18-3-104;

(III) First or second degree assault, as described in section 18-3-202 or 18-3-203;

(IV) First or second degree kidnapping, as described in section 18-3-301 or 18-3-302;

(V) A sexual offense as described in part 4 of article 3 of this title;

(VI) First degree arson, as described in section 18-4-102;

(VII) First or second degree burglary, as described in section 18-4-202 or 18-4-203;

(VIII) Robbery, as described in section 18-4-301;

(IX) Aggravated robbery, as described in section 18-4-302 or 18-4-303;

(X) Theft from the person of another, as described in section 18-4-401(5);

(XI) Any felony offense committed against a child, as described in article 3, 6, or 7 of this title; or

(XII) Any criminal attempt or conspiracy to commit any of the offenses specified in this paragraph (b).

(c) Failure to register as a sex offender, as described in section 18-3-412.5, shall not constitute a sexual offense for the purposes of subparagraph (V) of paragraph (b) of this subsection (2.5).

(3) An application for probation shall be in writing upon forms furnished by the court, but, when the defendant has been convicted of a misdemeanor or a class 1 petty offense, the court, in its discretion, may waive the written application for probation.

(4)(a)(I) The restrictions upon eligibility for probation in subsections (2) and (2.5) of this section may be waived by the sentencing court regarding a particular defendant upon recommendation of the district attorney approved by an order of the sentencing court.

(II) Repealed by Laws 2010, Ch. 257, § 2, eff. May 25, 2010.

(b) Upon entry of an order pursuant to this subsection (4) regarding a particular defendant, such defendant shall be deemed to be eligible to apply to the court for probation pursuant to this section.

(5) For purposes of paragraph (a.5) of subsection (2) of this section and paragraph (a) of subsection (2.5) of this section, “conviction” means a verdict of guilty or the entry of a plea of guilty or nolo contendere. “Conviction” does not include a plea to a deferred judgment and sentence pursuant to section 18-1.3-102 until the deferred judgment and sentence is revoked.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2003, Ch. 424, § 7, eff. July 1, 2003; Laws 2007, Ch. 383, § 10, eff. July 1, 2007. Amended by Laws 2010, Ch. 257, §§ 1, 2, eff. May 25, 2010; Laws 2010, Ch. 259, § 16, eff. Aug. 11, 2010; Laws 2012, Ch. 268, § 12, eff. June 7, 2012.

C.R.S.A. § 18-1.3-202

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 2. Probation (Refs & Annos)

§ 18-1.3-202. Probationary power of court

(1) When it appears to the satisfaction of the court that the ends of justice and the best interest of the public, as well as the defendant, will be served thereby, the court may grant the defendant probation for such period and upon such terms and conditions as it deems best. The length of probation shall be subject to the discretion of the court and may exceed the maximum period of incarceration authorized for the classification of the offense of which the defendant is convicted but shall not exceed five years for any misdemeanor or petty offense. If the court chooses to grant the defendant probation, the order placing the defendant on probation shall take effect upon entry and, if any appeal is brought, shall remain in effect pending review by an appellate court unless the court grants a stay of probation pursuant to section 16-4-201, C.R.S. Unless an appeal is filed that raises a claim that probation was granted contrary to the provisions of this title, the trial court shall retain jurisdiction of the case for the purpose of adjudicating complaints filed against the defendant that allege a violation of the terms and conditions of probation. In addition to imposing other conditions, the court has the power to commit the defendant to any jail operated by the county or city and county in which the offense was committed during such time or for such intervals within the period of probation as the court determines. The aggregate length of any such commitment whether continuous or at designated intervals shall not exceed ninety days for a felony, sixty days for a misdemeanor, or ten days for a petty offense unless it is a part of a work release program pursuant to section 18-1.3-207. That the defendant submit to commitment imposed under this section shall be deemed a condition of probation.

(2) The probation department in each judicial district may enter into agreements with any state agency or other public agency, any corporation, and any private agency or person to provide supervision or other services for defendants placed on probation by the court.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2003, Ch. 134, § 13, eff. April 17, 2003.

C.R.S.A. § 18-1.3-203

Effective: August 10, 2011

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 2. Probation (Refs & Annos)

§ 18-1.3-203. Criteria for granting probation

(1) The court, subject to the provisions of this title and title 16, C.R.S., and having considered the purposes of sentencing described in section 18-1-102.5, C.R.S., in its discretion may grant probation to a defendant unless, having regard to the nature and circumstances of the offense and to the history and character of the defendant, it is satisfied that imprisonment is the more appropriate sentence for the protection of the public because:

(a) There is undue risk that during a period of probation the defendant will commit another crime; or

(b) The defendant is in need of correctional treatment that can most effectively be provided by a sentence to imprisonment as authorized by section 18-1.3-104; or

(c) A sentence to probation will unduly depreciate the seriousness of the defendant's crime or undermine respect for law; or

(d) His or her past criminal record indicates that probation would fail to accomplish its intended purposes; or

(e) The crime, the facts surrounding it, or the defendant's history and character when considered in relation to statewide sentencing practices relating to persons in circumstances substantially similar to those of the defendant do not justify the granting of probation.

(2) The following factors, or the converse thereof where appropriate, while not controlling the discretion of the court, shall be accorded weight in making determinations called for by subsection (1) of this section:

(a) The defendant's criminal conduct neither caused nor threatened serious harm to another person or his or her property;

(b) The defendant did not plan or expect that his or her criminal conduct would cause or threaten serious harm to another person or his or her property;

(d) There were substantial grounds which, though insufficient to establish a legal defense, tend to excuse or justify the defendant's conduct;

(e) The victim of the defendant's conduct induced or facilitated its commission;

(f) The defendant has made or will make restitution or reparation to the victim of his or her conduct for the damage or injury which was sustained;

(g) The defendant has no history of prior criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present offense;

(h) The defendant's conduct was the result of circumstances unlikely to recur;

(i) The character, history, and attitudes of the defendant indicate that he or she is unlikely to commit another crime;

(j) The defendant is particularly likely to respond affirmatively to probationary treatment;

(k) The imprisonment of the defendant would entail undue hardship to himself or herself or his or her dependents;

(l) The defendant is elderly or in poor health;

(m) The defendant did not abuse a public position of responsibility or trust;

(n) The defendant cooperated with law enforcement authorities by bringing other offenders to justice, or otherwise.

(3) Nothing in this section shall be deemed to require explicit reference to these factors in a presentence report or by the court at sentencing.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2011, Ch. 96, § 3, eff. Aug. 10, 2011.

C.R.S.A. § 18-1.3-204

Effective: August 15, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 2. Probation (Refs & Annos)

§ 18-1.3-204. Conditions of probation--interstate compact probation transfer cash fund--creation

(1) The conditions of probation shall be such as the court in its discretion deems reasonably necessary to ensure that the defendant will lead a law-abiding life and to assist the defendant in doing so. The court shall provide as explicit conditions of every sentence to probation that the defendant not commit another offense during the period for which the sentence remains subject to revocation, that the defendant make restitution pursuant to part 6 of this article and article 18.5 of title 16, C.R.S., that the defendant comply with any court orders regarding substance abuse testing and treatment issued pursuant to sections 18-1.3-209 and 18-1.3-211 and article 11.5 of title 16, C.R.S., and that the defendant comply with any court orders regarding the treatment of sex offenders issued pursuant to article 11.7 of title 16, C.R.S. The court shall provide as an explicit condition of every sentence to probation that the defendant not harass, molest, intimidate, retaliate against, or tamper with the victim of or any prosecution witnesses to the crime, unless the court makes written findings that such condition is not necessary.

(1.5) If the defendant is being sentenced to probation as a result of a conviction of a felony offense or a qualifying misdemeanor offense pursuant to the “Interstate Compact for Adult Offender Supervision”, part 28 of article 60 of title 24, C.R.S., a condition of probation shall be that the court shall require the defendant to execute or subscribe a written prior waiver of extradition stating that the defendant consents to extradition to this state and waives all formal proceedings in the event that he or she is arrested in another state while at liberty on such bail bond and acknowledging that he or she shall not be admitted to bail in any other state pending extradition to this state. If the offender is returned to the state pursuant to the “Interstate Compact for Adult Offender Supervision”, part 28 of article 60 of title 24, C.R.S., a court may not impose the cost of the offender's return on the offender.

(2)(a) When granting probation, the court may, as a condition of probation, require that the defendant:

(I) Work faithfully at a suitable employment or faithfully pursue a course of study or of vocational training that will equip the defendant for suitable employment;

(II) Undergo available medical or psychiatric treatment and remain in a specified institution if required for that purpose. In any case where inpatient psychiatric treatment is indicated, the court shall proceed in accordance with article 65 of title 27, C.R.S., and require the defendant to comply with the recommendation of the professional person in charge of the evaluation required pursuant to section 27-65-105 or 27-65-106, C.R.S.

(III) Attend or reside in a facility established for the instruction, recreation, or residence of persons on probation;

(III.5) Participate in restorative justice practices, as defined in section 18-1-901(3)(o.5), if available in the jurisdiction, requested by the victim who has been informed about restorative justice practices pursuant to section 24-4.1-303(11)(g), C.R.S., and the defendant is determined suitable by a designated restorative justice practices facilitator. To be eligible for restorative justice practices, the defendant shall not have been convicted of unlawful sexual behavior as defined in section 16-22-102(9), C.R.S., a crime in which the underlying factual basis involves domestic violence, as defined in section 18-6-800.3(1), stalking as defined in section 18-3-602, or violation of a protection order as defined in section 18-6-803.5. Any statements made during a restorative justice conference shall be confidential and shall not be used as a basis for charging or prosecuting the defendant unless the defendant commits a chargeable offense during the conference. Failure to complete the requirements arising from a restorative justice conference may be considered a violation of probation. Nothing in this subparagraph (III.5) shall be construed to require a victim to participate in a restorative justice victim-offender conference.

(IV) Support the defendant's dependents and meet other family responsibilities, including arranging and fulfilling a payment plan for current child support, child support arrearages, and child support debt due under a court or administrative order through any delegate child support enforcement unit that may have a child support case with the defendant;

(V) Pay reasonable costs of the court proceedings or costs of supervision of probation, or both. The probation supervision fee shall be fifty dollars per month for the length of ordered probation. Notwithstanding the amount specified in this subparagraph (V), the court may lower the costs of supervision of probation to an amount the defendant will be able to pay. The court shall fix the manner of performance for payment of the fee. If the defendant receives probation services from a private provider, the court shall order the defendant to pay the probation supervision fee directly to the provider. The fee shall be imposed for the length of ordered probation.

(VI) Pay any fines or fees imposed by the court;

(VI.5) Repay all or part of any reward paid by a crime stopper organization that led to the defendant's arrest and conviction in accordance with article 15.7 of title 16, C.R.S.;

(VII) Refrain from possessing a firearm, destructive device, or other dangerous weapon unless granted written permission by the court or probation officer;

(VIII) Refrain from excessive use of alcohol or any unlawful use of controlled substances, as defined in section 18-18-102(5), or of any other dangerous or abusable drug without a prescription;

(IX) Report to a probation officer at reasonable times as directed by the court or the probation officer;

(X) Permit the probation officer to visit the defendant at reasonable times at the defendant's home and elsewhere;

(XI) Remain within the jurisdiction of the court, unless granted permission to leave by the court or the probation officer;

(XII) Answer all reasonable inquiries by the probation officer and promptly notify the probation officer of any change in address or employment;

(XIII) Be subject to home detention as defined in section 18-1.3-106(1.1);

(XIV) Be restrained from contact with the victim or the victim's family members in cases in which the defendant was convicted of a crime, the underlying factual basis of which included an act of domestic violence, as defined in section 18-6-800.3(1);

(XIV.5) Be subject to electronic or global position monitoring;

(XV) Satisfy any other conditions reasonably related to the defendant's rehabilitation and the purposes of probation.

(b) When granting probation, in addition to the consideration of the provisions set forth in paragraph (a) of this subsection (2), the court shall order as a condition of probation in cases in which the defendant was convicted of a crime, the underlying factual basis of which included an act of domestic violence, as defined in section 18-6-800.3(1), that the defendant:

(I) Comply with existing court orders regarding family support;

(II) Comply with any existing court orders concerning a proceeding to determine paternity, custody, the allocation of decision-making responsibility, parenting time, or support;

(III) Comply with the terms of any protection order in effect against the defendant during the probation period;

(IV) Refrain from possessing a firearm, destructive device, or other dangerous weapon, unless granted written permission by the court or probation officer which shall not be granted in such domestic violence cases unless:

(A) It is required by the defendant's employment; and

(B) The court finds that the defendant's possession of the weapon does not endanger the victim or the victim's children; and

(c) If the court orders counseling or treatment as a condition of probation, unless the court makes a specific finding that treatment in another facility or with another person is warranted, the court shall order that such treatment or counseling be at a facility or with a person:

(I) Approved by the unit in the department of human services that administers behavioral health programs and services, including those related to mental health and substance abuse, established in article 80 of title 27, C.R.S., if the treatment is for alcohol or drug abuse;

(II) Certified or approved by the sex offender management board, established in section 16-11.7-103, C.R.S., if the offender is a sex offender;

(III) Certified or approved by the domestic violence offender management board created in section 16-11.8-103, C.R.S., if the offender was convicted of or the underlying factual basis of the offense included an act of domestic violence as defined in section 18-6-800.3; or

(IV) Licensed or certified by the division of adult parole in the department of corrections, the department of regulatory agencies, the unit in the department of human services that administers behavioral health programs and services, including those related to mental health and substance abuse, the state board of nursing, or the Colorado medical board, whichever is appropriate for the required treatment or counseling.

(d) Notwithstanding the provisions of paragraph (c) of this subsection (2), if the court orders counseling or treatment as a condition of probation for an offender convicted of an offense involving unlawful sexual behavior, as defined in section 16-22-102(9), C.R.S., the court shall order such treatment or counseling be at a facility or with a person listed in paragraph (c) of this subsection (2), and the court may not make a specific finding that treatment in another facility or with another person is warranted.

(e) If the defendant is convicted of an offense that subjects the defendant to genetic testing pursuant to section 16-11-102.4, C.R.S., the court shall assess to the defendant the cost of collecting and testing a biological substance sample from the defendant as required in section 16-11-102.4, C.R.S.

(2.3)(a) When granting probation, the court may, as a condition of probation, require any defendant who is less than eighteen years of age at the time of sentencing to attend school or an educational program or to work toward the attainment of a high school diploma or a GED, as that term is defined in section 22-33-102(7), C.R.S.; except that the court shall not require any such juvenile to attend a school from which he or she has been expelled without the prior approval of that school's local board of education.

(b) Following specification of the terms and conditions of probation for a defendant who is less than eighteen years of age at the time of sentencing, where the conditions of probation include the requirement that the defendant attend school, the court shall notify the school district in which the defendant will be enrolled of such requirement.

(2.5) The order of priority for any payments required of a defendant pursuant to subparagraph (IV), (V), (VI), or (VI.5) of paragraph (a) of subsection (2) of this section shall be as follows:

(a) Payment of a current child support order;

(b) Payment of child support arrearage;

(d) Payment of spousal maintenance;

(e) Payment of costs for the crime victim compensation fund, pursuant to section 24-4.1-119, C.R.S.;

(f) Payment of surcharges for the victims and witnesses assistance and law enforcement fund, pursuant to section 24-4.2-104, C.R.S.;

(g) Payment of restitution;

(h) Payment of a time payment fee;

(i) Payment of late fees;

(i.2) Payment of probation supervision fees;

(i.4) Payment of a drug offender surcharge pursuant to article 19 of this title;

(i.6) Payment of a sex offender surcharge pursuant to article 21 of this title;

(i.7) Payment of a surcharge for a crime against an at-risk person pursuant to section 18-6.5-107.

(i.8) Payment of collection and chemical testing of a biological substance to determine the genetic markers thereof;

(i.9) Payment of a surcharge related to the address confidentiality program pursuant to section 24-30-2114, C.R.S.;

(j) Payment of any other fines, fees, or surcharges; and

(k) Repayment of all or part of any reward paid by a crime stopper organization that led to the defendant's arrest and conviction.

(3) When a defendant is granted probation, he or she shall be given a written statement explicitly setting forth the conditions on which he or she is being released.

(4)(a) For good cause shown and after notice to the defendant, the district attorney, and the probation officer, and after a hearing if the defendant or the district attorney requests it, the judge may reduce or increase the term of probation or alter the conditions or impose new conditions.

(b)(I) If an offender applies to transfer his or her probation to another state, the offender shall pay a filing fee of one hundred dollars, unless the offender is indigent.

(II)(A) The clerk of the court shall transmit all moneys collected pursuant to this paragraph (b) to the state treasurer, who shall credit the same to the interstate compact probation transfer cash fund, which fund is hereby created and referred to in this paragraph (b) as the “fund”. Beginning January 1, 2013, the moneys in the fund are subject to annual appropriation by the general assembly to the judicial department for the direct and indirect costs associated with returning probationers to Colorado. The state treasurer may invest any moneys in the fund not expended for the purpose of this paragraph (b) as provided by law. The state treasurer shall credit all interest and income derived from the investment and deposit of moneys in the fund to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year remain in the fund and shall not be credited or transferred to the general fund or another fund.

(B) On or after January 1, 2013, a law enforcement agency may submit to the state court administrator a request to be reimbursed for the costs of returning a probationer pursuant to the “Interstate Compact for Adult Offender Supervision”, part 28 of article 60 of title 24, C.R.S., incurred on or after January 1, 2013. The state court administrator shall, to the extent that funds are available, reimburse reasonable costs incurred by a law enforcement agency for the return of the probationer.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2003, Ch. 139, § 21, eff. July 1, 2003; Laws 2003, Ch. 315, § 116, eff. May 22, 2003; Laws 2006, Ch. 6, § 3, eff. March 8, 2006; Laws 2006, Ch. 106, § 4, eff. July 1, 2006; Laws 2006, Ch. 339, § 9, eff. July 1, 2007; Laws 2007, Ch. 385, § 3, eff. July 1, 2007; Laws 2008, Ch. 392, § 52, eff. Aug. 5, 2008. Amended by Laws 2010, Ch. 188, § 28, eff. April 29, 2010; Laws 2010, Ch. 403, § 77, eff. July 1, 2010; Laws 2011, Ch. 256, § 6, eff. June 2, 2011; Laws 2011, Ch. 264, § 32, eff. Aug. 10, 2011; Laws 2011, Ch. 296, § 8, eff. Aug. 10, 2011; Laws 2012, Ch. 188, § 37, eff. May 19, 2012; Laws 2012, Ch. 268, § 13, eff. June 7, 2012; Laws 2012, Ch. 279, § 3, eff. Aug. 15, 2012; Laws 2012, Ch. 281, § 37, eff. July 1, 2012.

C.R.S.A. § 18-1.3-205

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 2. Probation (Refs & Annos)

§ 18-1.3-205. Restitution as a condition of probation

As a condition of every sentence to probation, the court shall order that the defendant make full restitution pursuant to the provisions of part 6 of this article and article 18.5 of title 16, C.R.S. Such order shall require the defendant to make restitution within a period of time specified by the court. Such restitution shall be ordered by the court as a condition of probation.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-206

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 2. Probation (Refs & Annos)

§ 18-1.3-206. Repayment of crime stopper reward as a condition of probation

(1) As a condition of every sentence to probation where information received through a crime stopper organization led to the arrest and felony conviction of a defendant, the court may require such defendant, as a condition of probation, to repay all or part of any reward paid by such organization. The amount of such repayment shall not exceed the actual reward paid by any crime stopper organization and shall be used solely for paying rewards. The court shall fix the manner and time of repayment.

(2) In the event the defendant fails to repay the crime stopper reward in accordance with an order of the court, the defendant shall be returned to the sentencing court and the court, upon proof of failure to pay, may:

(a) Modify the amount of the repayment;

(b) Extend the period of probation;

(d) Revoke probation and impose the sentence otherwise required by law.

(3) When, as a result of a plea bargain agreement, a defendant is ordered to repay a reward pursuant to subsection (1) of this section, the department or agency supervising the collection of such repayment may assess a charge of fifteen dollars to the defendant for collection of each bad check or each bad check received as a repayment.

(4) Any order for the repayment of all or part of a crime stopper reward as a condition of probation shall be prioritized in accordance with section 18-1.3-204(2.5).

(5) As used in this section, unless the context otherwise requires:

(a) “Bad check” has the same meaning provided in section 16-7-404.

(b) “Crime stopper organization” has the same meaning provided in section 16-15.7-102(1), C.R.S.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-207

Effective: July 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 2. Probation (Refs & Annos)

§ 18-1.3-207. Work and education release programs

(1) As a specific condition of probation for a person convicted of a felony or misdemeanor, the court may require the probationer to participate for a period not to exceed two years or the term to which he or she might be sentenced for the offense committed, whichever is less, in a supervised work release or education release program. Utilization of the county jail, a municipal jail, or any other facility may be used for the probationer's full-time confinement, care, and maintenance, except for the time he or she is released for scheduled work or education.

(1.1) Before a final ruling by the court authorizing a probationer to participate in a supervised education release program, the court shall notify the prosecuting attorney and the postsecondary educational institution requesting their comments on the pending release. The notice shall include all relevant information pertaining to the probationer and to the nature of the crime for which he or she was convicted. Both the prosecuting attorney and the postsecondary educational institution shall reply to the court in writing within fourteen days after receipt of the notification or within such other reasonable time in excess of fourteen days as specified by the court. The postsecondary educational institution's reply shall include a statement of whether or not it will accept the probationer as a student. Acceptance by a state postsecondary educational institution shall be pursuant to section 23-5-106, C.R.S.

(2) All employment income of a probationer participating in a work release program shall be received and deposited by the probation officer in the registry of the court. The court shall order disbursement of the funds so deposited in payment of the following items which are listed in the order of their priority:

(a) Any current child support order;

(b) Any child support arrearage;

(d) Any spousal maintenance;

(e) Costs for the crime victim compensation fund, pursuant to section 24-4.1-119, C.R.S.;

(f) Surcharges for the victims and witnesses assistance and law enforcement fund, pursuant to section 24-4.2-104, C.R.S.;

(g) Restitution;

(h) A time payment fee;

(i) Late fees;

(j) Any other fines, fees, or surcharges;

(k) Room, board, and work supervision inside and outside the county jail or other facility; and

(l) The probationer.

(3) Any acts by the probationer in violation of the conditions of probation under subsection (1) of this section may be asserted as a basis for revocation of probation as provided in sections 16-11-205 and 16-11-206, C.R.S., and any willful failure to return to the jail or other facility may be punishable as an escape under section 18-8-208.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002; Laws 2008, Ch. 392, § 53, eff. Aug. 5, 2008; Laws 2012, Ch. 208, § 108, eff. July 1, 2012.

C.R.S.A. § 18-1.3-208

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 2. Probation (Refs & Annos)

§ 18-1.3-208. Intensive supervision probation programs--legislative declaration

(1) The general assembly finds and declares that intensive supervision probation programs are an effective and desirable alternative to sentences to imprisonment or community corrections. It is the purpose of this section to encourage the judicial department to establish programs for the intensive supervision of selected probationers. It is the intent of the general assembly that such programs be formulated so that they protect the safety and welfare of the public in the community where the programs are operating and throughout the state of Colorado.

(2) The judicial department may establish an intensive supervision probation program in any judicial district or combination of judicial districts in order to provide an alternative to the sentencing of selected offenders to the department of corrections. When establishing such programs, the judicial department shall seek the counsel of the chief judge of the district court, the office of the district attorney, the state public defender or his or her designee, the county sheriff, the chief probation officer in the judicial district, the department of corrections, the local community corrections board, and members of the public at-large.

(3) The judicial department shall require that offenders in the program receive at least the highest level of supervision that is provided to probationers. Such programs are to include highly restricted activities, daily contact between the offender and the probation officer, monitored curfew, home visitation, employment visitation and monitoring, drug and alcohol screening, treatment referrals and monitoring, and restitution and community service and shall minimize any risk to the public.

(4) The court may sentence any offender who is otherwise eligible for probation and who would otherwise be sentenced to the department of corrections to an intensive supervision probation program if the court determines that such offender is not a threat to society. For purposes of this section, “offender” shall have the same meaning as that set forth in section 17-27-102(6), C.R.S.

(5) The judicial department shall have the power to establish and enforce standards and criteria for the administration of intensive supervision probation programs.

(6)(a) It is the intent of the general assembly in enacting this subsection (6) to address a portion of the projected state inmate bedspace requirements through expansion of intensive supervision probation programs authorized by this section.

(b) The judicial department is directed to implement a three-phase expansion of intensive supervision probation programs in fiscal years 1995-96 and 1996-97 to include an additional seven hundred fifty participants over the number of participants in such programs on July 1, 1995.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-209

Effective: August 10, 2011

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 2. Probation (Refs & Annos)

§ 18-1.3-209. Substance abuse assessment required

(1) Each person convicted of a felony committed on or after July 1, 1992, and each person convicted of a misdemeanor or petty offense on or after July 1, 2008, who is to be considered for probation or a deferred judgment and sentence that includes supervision by the probation department, shall be required to submit to an assessment for the use of controlled substances or alcohol developed pursuant to section 16-11.5-102(1)(a), C.R.S., as part of the presentence or probation investigation required pursuant to section 16-11-102, C.R.S., or, if the investigation is waived pursuant to section 16-11-102(4), C.R.S., and the person is sentenced to probation or supervised by a probation officer, then as a part of intake.

(2) The court shall order each person required to submit to an assessment pursuant to subsection (1) of this section to comply with the recommendations of the alcohol and drug assessment. If the person is sentenced to probation, a deferred judgment and sentence that includes supervision by the probation department, or any other sentence except a sentence only to jail, the person shall be ordered to comply with the recommendations as a condition or as part of the sentence imposed, at the person's own expense, unless the person is indigent.

(3) The assessment required by subsection (1) of this section shall be at the expense of the person assessed, unless the person is indigent.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2008, Ch. 365, § 1, eff. July 1, 2008; Laws 2011, Ch. 158, § 1, eff. Aug. 10, 2011.

C.R.S.A. § 18-1.3-210

Effective: April 29, 2010

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 2. Probation (Refs & Annos)

§ 18-1.3-210. Counseling or treatment for alcohol or drug abuse

(1) In any case in which treatment or counseling for alcohol or drug abuse is authorized in connection with a deferred prosecution, deferred judgment and sentence, or probation, the court may require the defendant to obtain counseling or treatment for the condition. If the court orders the counseling or treatment, the court shall order that the counseling or treatment be obtained from a treatment facility or person approved by the unit in the department of human services that administers behavioral health programs and services, including those related to mental health and substance abuse, established in article 80 of title 27, C.R.S., unless the court makes a finding that counseling or treatment in another facility or with another person is warranted. If the defendant voluntarily submits himself or herself for such treatment or counseling, the district attorney and the court may consider his or her willingness to correct his or her condition as a basis for granting deferred prosecution or deferred judgment and sentence.

(2) Notwithstanding the provisions of subsection (1) of this section, in any case in which treatment or counseling for alcohol or drug abuse is authorized and ordered by the court in connection with a deferred prosecution, deferred judgment and sentence, or probation for an offense involving unlawful sexual behavior, as defined in section 16-22-102(9), C.R.S., the court shall order that the counseling or treatment be obtained from a treatment facility or person approved by the unit in the department of human services that administers behavioral health programs and services, including those related to mental health and substance abuse, established in article 80 of title 27, C.R.S.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002; Laws 2008, Ch. 365, § 2, eff. July 1, 2008. Amended by Laws 2010, Ch. 188, § 29, eff. April 29, 2010.

C.R.S.A. § 18-1.3-211

Effective: April 29, 2010

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 2. Probation (Refs & Annos)

§ 18-1.3-211. Sentencing of felons--parole of felons--treatment and testing based upon assessment required

(1) Each person sentenced by the court for a felony committed on or after July 1, 1992, shall be required, as a part of any sentence to probation, community corrections, or incarceration with the department of corrections, to undergo periodic testing and treatment for substance abuse that is appropriate to such felon based upon the recommendations of the assessment made pursuant to section 18-1.3-209, or based upon any subsequent recommendations by the department of corrections, the judicial department, or the division of criminal justice of the department of public safety, whichever is appropriate. Any such testing or treatment shall be at a facility or with a person approved by the unit in the department of human services that administers behavioral health programs and services, including those related to mental health and substance abuse, established in article 80 of title 27, C.R.S., and at such felon's own expense, unless such felon is indigent.

(2) Each person placed on parole by the state board of parole on or after July 1, 1992, shall be required, as a condition of such parole, to undergo periodic testing and treatment for substance abuse that is appropriate to such parolee based upon the recommendations of the assessment made pursuant to section 18-1.3-209 or any assessment or subsequent reassessment made regarding such parolee during his or her incarceration or any period of parole. Any such testing or treatment shall be at a facility or with a person approved by the unit in the department of human services that administers behavioral health programs and services, including those related to mental health and substance abuse, established in article 80 of title 27, C.R.S., and at such parolee's own expense, unless such parolee is indigent.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2010, Ch. 188, § 30, eff. April 29, 2010.

C.R.S.A. § 18-1.3-212

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 2. Probation (Refs & Annos)

§ 18-1.3-212. Drug testing of offenders by judicial department--pilot program

The judicial department is hereby authorized and directed to develop as soon as possible a pilot program for the drug testing of persons during presentence investigation and on probation. Such program shall include testing of persons during presentence investigation and may include random drug testing when an offender is assigned to specialized treatment and rehabilitation programs.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-301

Effective: July 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 3. Community Corrections and Specialized Restitution and Community Service Programs

§ 18-1.3-301. Authority to place offenders in community corrections programs

(1)(a) Any judge of a district court may refer any offender convicted of a felony to a community corrections program unless such offender is required to be sentenced pursuant to section 18-1.3-406(1) or a sentencing provision that requires a sentence to the department of corrections. If an offender who is sentenced pursuant to section 18-1.3-406(1) has such sentence modified upon the finding of unusual and extenuating circumstances pursuant to such section, such offender may be referred to a community corrections program if such offender is otherwise eligible for such program and is approved for placement pursuant to section 17-27-103(5), C.R.S., and section 17-27-104(3), C.R.S. For the purposes of this article, persons sentenced pursuant to the provisions of sections 19-2-908(1)(a)(I) and (1)(c)(I)(B) and 19-2-910(2), C.R.S., shall be deemed to be offenders.

(b) In making a direct sentence to a community corrections program, the sentencing court may impose a sentence to community corrections which includes terms, lengths, and conditions pursuant to section 18-1.3-401. The sentencing court may also refer any offender to a community corrections program as a condition of probation pursuant to section 18-1.3-202. Any placement of offenders referred as a direct sentence or as a condition of probation shall be subject to approval pursuant to section 17-27-103(5), C.R.S., and section 17-27-104(3), C.R.S.

(b.5) As a condition of every placement in a community corrections program, the court shall require the offender, as a condition of placement, to execute or subscribe a written prior waiver of extradition stating that the offender consents to extradition to this state and waives all formal procedures incidental to extradition proceedings in the event that the offender is arrested in another state upon an allegation that the offender has violated the terms of his or her community corrections placement, and acknowledging that the offender shall not be admitted to bail in any other state pending extradition to this state.

(c) A probation officer, in making a presentence report to the court pursuant to section 16-11-102, C.R.S., or in making a report to the court after a probation violation, may recommend the utilization of a community corrections program in sentencing or resentencing an offender.

(d) If an offender is rejected by a community corrections board or a community corrections program before placement in a program, the court shall promptly resentence the offender. If a sentence to the department of corrections was imposed upon the offender prior to the referral of the offender to community corrections, the resentence shall not exceed the sentence which was originally imposed upon the offender.

(e) If an offender is rejected after acceptance by a community corrections board or a community corrections program, the court may resentence the offender without any further hearing so long as the offender's sentence does not exceed the sentence which was originally imposed upon the offender.

(f) The probation department of the judicial district in which a community corrections program is located shall have jurisdiction over all offenders sentenced directly to a community corrections program. Such probation department shall initiate arrest warrants, process reports or other official documents regarding offenders at the direction of the court, coordinate with community corrections boards and community corrections programs, review offender supervision and treatment, authorize offender transfers between residential and nonresidential phases of placement, and carry out such other duties as the court directs.

(g) The sentencing court may make appropriate orders for the detention, transfer, or resentencing of any offender whose placement in a community corrections program is terminated pursuant to section 17-27-103(7), C.R.S., or section 17-27-104(5), C.R.S. As to any offender held pursuant to section 17-27-104(6), C.R.S., in a jail operated by a unit of local government in a county other than where the offender's original conviction occurred, the sentencing court shall order the transfer of the offender to the jail of the county where the original conviction occurred as soon as possible. The sentencing court is not required to provide the offender with an evidentiary hearing pertaining to the rejection of placement in a community corrections program prior to resentencing.

(h)(I) The sentencing court shall have the authority to modify the sentence of an offender who has been directly sentenced to a community corrections program in the same manner as if the offender had been placed on probation.

(II) A defendant who successfully completes the residential phase of a community corrections sentence, has paid the costs of the residential program in full, and is being supervised on nonresidential status at either a minimum or administrative level is eligible for consideration for early termination of his or her community corrections sentence by the court.

(III) When the defendant has met the eligibility criteria enumerated in subparagraph (II) of this paragraph (h), the defendant's probation officer shall submit a petition for early termination of sentence to the court and notify the district attorney and the defendant.

(IV) If victim notification is required, the probation officer shall provide victim notification pursuant to part 3 of article 4.1 of title 24, C. R.S.

(V) In determining whether to grant or deny the petition, the court may consider the following factors:

(A) The defendant's assessed risk of reoffense;

(B) Victim input, if any;

(D) Completion of any treatment required by the court or community corrections program; and

(E) Other factors deemed relevant by the court.

(VI) The fact that the defendant owes restitution, costs, fees, fines, or surcharges shall not prohibit the court from granting the motion for early termination if the court finds the motion otherwise appropriate.

(i)(I) An offender sentenced directly to a community corrections program by the sentencing court pursuant to this subsection (1) shall be eligible for time credit deductions from the offender's sentence not to exceed ten days for each month of placement upon a demonstration to the program administrator by the offender that the offender has made consistent progress in the following categories:

(A) Maintenance of employment, education, or training, including attendance, promptness, performance, cooperation, care of materials, and safety;

(B) Development and maintenance of positive social and domestic relations;

(D) Completion and compliance with components of the individualized program plan; and

(E) Demonstration of financial responsibility and accountability.

(II) The administrator of each community corrections program shall develop objective standards for measuring progress in the categories listed in subparagraph (I) of this paragraph (i), shall apply such standards consistently to evaluations of all such offenders, and shall develop procedures for recommending the award of time credits to such offenders.

(III) The administrator of each community corrections program shall review the performance record of each offender directly sentenced to such program. Such review shall be conducted at intervals to be determined by each program administrator. Such reviews shall be conducted at least once every six months, but may be conducted at more frequent intervals as determined by the program administrator. If the program administrator determines that the offender engaged in criminal activity during the time period for which the time credits were granted, the program administrator may withdraw the time credits granted during such period. Prior to the time of the offender's release, the program administrator shall submit to the sentencing court the time credit deductions granted, withdrawn, or restored consistent with the provisions of this paragraph (i). Such time credit deductions shall be submitted on standardized forms prepared by the division of criminal justice of the department of public safety that include verification by the program administrator that the time credit deductions are true and accurate. The sentencing court shall certify such time credit deductions as part of the offender's permanent record. Any time credits authorized under this paragraph (i) shall vest upon certification of time credit deductions by the sentencing court at the time of the offender's release from the program.

(IV) An offender shall not be credited with more than one-half the allowable time credits for any month or portion thereof unless the offender was employed, was unable to be employed due to a disability waiver, or was participating in training, education, or treatment programs which precluded the ability to remain employed. This subparagraph (IV) shall not apply to those offenders excused from such employment or training by the program administrator or for medical reasons.

(V) No time credit deductions shall be granted to any offender for time spent in jail, whether awaiting sentencing, placement in the program, disciplinary action, or as a result of a subsequent arrest, unless such time spent in jail was a prearranged component of the offender's individualized program plan and the offender has made consistent progress in the categories listed in subparagraph (I) of this paragraph (i).

(VI) Deleted by Laws 2011, Ch. 274, § 1, eff. June 2, 2011.

(j) Except as otherwise provided in paragraph (k) of this subsection (1), any offender sentenced to the department of corrections subsequent to placement in a community corrections program is entitled to credit against the term of confinement as described in section 17-27-104(9), C.R.S. The court shall make a finding of the amount of such time credits and include such finding in the mittimus that orders the offender to be placed in the custody of the department of corrections. The department of corrections shall apply credits for residential and nonresidential time completed in a community corrections program in the same manner as credits for time served in a department of corrections facility.

(k) Any offender who escapes from a residential community corrections program or who absconds from a nonresidential community corrections program shall forfeit any time credit deductions earned pursuant to paragraph (i) of this subsection (1) and shall not be credited with any time on escape or absconder status. Within thirty-five days after an offender's escape or abscondment, the program administrator shall submit to the sentencing court a statement on the form described in subparagraph (III) of paragraph (i) of this subsection (1) of the time credit deductions that would have been earned by the offender.

(2)(a) Initial referral. The executive director of the department of corrections may transfer any offender who is eligible pursuant to this subsection (2) to a community corrections program if such offender is accepted for placement by a community corrections board pursuant to section 17-27-103, C.R.S., and a community corrections program pursuant to section 17-27-104, C.R.S.

(b) Unless the offender has an active felony warrant or detainer or has refused community placement, the executive director of the department of corrections shall refer an offender who has displayed acceptable institutional behavior for placement in a community corrections program according to the following timeline:

(I) No more than twenty-eight months prior to the offender's parole eligibility date for any offender who successfully completes a regimented inmate discipline program pursuant to article 27.7 of title 17, C.R.S.;

(II) No more than sixteen months prior to the offender's parole eligibility date for any offender who is not serving a sentence for an offense referred to in section 18-1.3-406; and

(III) No more than one hundred eighty days prior to the parole eligibility date for any other offender not described in subparagraph (I) or (II) of this paragraph (b).

(c) Prior to placement of an offender in any community corrections program, the executive director of the department of corrections shall give the first right to refuse placement of such offender to the community corrections board and community corrections programs in the community where the offender intends to reside after release from custody of the department of corrections or parole by the state board of parole.

(d) As to any offender held in a county jail pursuant to section 17-27-104(6), C.R.S., the executive director of the department of corrections shall order transfer of such offender to a facility of the department of corrections as soon as possible.

(e) Subsequent referrals. For an offender who is serving a sentence for a class 1 or 2 felony that constitutes a crime of violence under section 18-1.3-406, excluding escape, and whose parole hearing has been deferred for at least thirty-six months, the executive director of the department of corrections shall not refer the offender for placement in community corrections earlier than six months prior to the date of the offender's second or any subsequent parole hearing.

(3) The state board of parole may refer any parolee for placement in a community corrections program. Such placement, if approved by the community corrections board pursuant to section 17-27-103, C.R.S., and the community corrections program pursuant to section 17-27-104, C.R.S., may be made a condition of release on parole or as a modification of the conditions of an offender's parole after release or upon temporary revocation of parole pursuant to section 17-2-103(11), C.R.S.

(4) District courts, county courts, and other local criminal justice officials may enter into agreements with community corrections programs which include the use of such programs to supervise offenders awaiting trial for felony or misdemeanor offenses, offenders convicted of misdemeanors, or offenders under deferred judgments. Such agreements are subject to review and approval by the community corrections board of the jurisdiction in which any community corrections program making such agreement is located. Any such use of a community corrections program may be supported with funding from local governments, public or private grants, offender fees, and other sources other than the state general fund.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2003, Ch. 199, § 14, eff. April 29, 2003; Laws 2006, Ch. 106, § 6, eff. July 1, 2006; Laws 2011, Ch. 48, § 1, eff. Aug. 10, 2011; Laws 2011, Ch. 274, §§ 1, 3, eff. June 2, 2011; Laws 2012, Ch. 208, § 109, eff. July 1, 2012.

C.R.S.A. § 18-1.3-302

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 3. Community Corrections and Specialized Restitution and Community Service Programs

§ 18-1.3-302. Legislative declaration--offenders who may be sentenced to the specialized restitution and community service program

(1) The general assembly hereby finds that:

(a) The taxpayer costs to incarcerate nonviolent offenders, most of whom have committed property-related offenses, usually outbalances the need to incarcerate such persons to protect the public's safety and that imprisonment generally renders offenders less able to compensate their victims. Therefore, the general assembly declares that the purpose for enacting this article regarding specialized restitution and community service programs is to increase the cost-efficiency and the effectiveness of Colorado corrections. This article authorizes the establishment of an intermediate sanction whereby nonviolent offenders, at less taxpayer cost than imprisonment, would be required to work under strict supervision in a highly structured program in order to compensate their victims and society for the damage they have caused; and

(b) Using incarceration as a routine punishment for nonviolent offenders, either upon sentencing or upon the revocation of parole or probation, punishes Colorado's taxpayers. The general assembly finds that limiting the pool of offenders eligible for the specialized restitution and community service program to first-time offenders unreasonably restricts entrance into the program and that the level of supervision mandated for repeat offenders by this article is adequate to ensure public safety from such offenders. The general assembly further finds that the vast majority of repeat offenders do not possess the requisite skills to obtain legitimate employment and that the specialized restitution and community service program will train such repeat offenders for legitimate employment. Therefore, it is in the best interests of the people of the state of Colorado to allow nonviolent repeat offenders and offenders with technical violations of parole or probation into such program.

(2) Any offender shall be eligible to be placed in a specialized restitution and community service program if:

(a) The offender is not eligible for probation pursuant to section 18-1.3-201, and has been convicted of an offense other than a crime of violence, as described in section 18-1.3-406(2)(a), or any felony offense committed against a child set forth in articles 3, 6, and 7 of this title, or an offense that requires incarceration or imprisonment in the department of corrections or community corrections, or any sexual offense as defined in section 18-1.3-1003; and

(b)(I) A determination is made by the court that the offender would be incarcerated, either pursuant to section 18-1.3-104(1)(b) or pursuant to a probation revocation, if such offender is not placed in the specialized restitution and community service program; or

(II) A determination is made by the parole board that the offender would be incarcerated pursuant to a parole violation.

(3) Prior to sentencing an eligible offender to a specialized restitution and community service program pursuant to this section, the court shall make the determinations required in subsection (2) of this section and such offender must have been accepted by both of the following:

(a) The provider of the specialized restitution and community service program in which it is proposed that the offender be placed; and

(b) The community corrections board, as defined in section 17-27-102(2), C.R.S., of the community in which the program is located.

(4) If an eligible offender is accepted by a provider pursuant to subsection (3) of this section, the court may sentence an offender to pay restitution or perform community service, or both, in an amount commensurate with the seriousness of the crime and to the custody of any specialized restitution and community service program adopted pursuant to this section or article 27.9 of title 17, C.R.S. Notwithstanding any other provision of law to the contrary, a minimum of full restitution may be imposed in an amount that exceeds any actual losses or damages suffered by a victim of the crime. An offender shall be supervised in accordance with and subject to the provisions of article 27 of title 17, C.R.S.

(5) The parole board may place parole violators who meet the eligibility criteria of subsection (2) of this section and who have been accepted pursuant to paragraphs (a) and (b) of subsection (3) of this section in specialized restitution and community service programs. Such parole violators shall be supervised in accordance with and subject to the provisions of article 27 of title 17, C.R.S.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2003, Ch. 199, § 15, eff. April 29, 2003.

C.R.S.A. § 18-1.3-401

Effective: July 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 4. Sentences to Imprisonment

§ 18-1.3-401. Felonies classified--presumptive penalties

(1)(a)(I) As to any person sentenced for a felony committed after July 1, 1979, and before July 1, 1984, felonies are divided into five classes which are distinguished from one another by the following presumptive ranges of penalties which are authorized upon conviction:

Class

Presumptive Range

1

Life imprisonment or death

2

Eight to twelve years plus one year of parole

3

Four to eight years plus one year of parole

4

Two to four years plus one year of parole

5

One to two years plus one year of parole

(II) As to any person sentenced for a felony committed on or after July 1, 1984, and before July 1, 1985, felonies are divided into five classes which are distinguished from one another by the following presumptive ranges of penalties which are authorized upon conviction:

Class

Presumptive Range

1

Life imprisonment or death

2

Eight to twelve years

3

Four to eight years

4

Two to four years

5

One to two years

(III)(A) As to any person sentenced for a felony committed on or after July 1, 1985, except as otherwise provided in sub-subparagraph (E) of this subparagraph (III), in addition to, or in lieu of, any sentence to imprisonment, probation, community corrections, or work release, a fine within the following presumptive ranges may be imposed for the specified classes of felonies:

Class

Minimum Sentence

Maximum Sentence

1

No fine

No fine

2

Five thousand dollars

One million dollars

3

Three thousand dollars

Seven hundred fifty thousand dollars

4

Two thousand dollars

Five hundred thousand dollars

5

One thousand dollars

One hundred thousand dollars

6

One thousand dollars

One hundred thousand dollars

(A.5) Notwithstanding any provision of law to the contrary, any person who attempts to commit, conspires to commit, or commits against an elderly person any felony set forth in part 4 of article 4 of this title, part 1, 2, 3, or 5 of article 5 of this title, article 5.5 of this title, or section 11-51-603, C.R.S., shall be required to pay a mandatory and substantial fine within the limits permitted by law. However, all moneys collected from the offender shall be applied in the following order: Costs for crime victim compensation fund pursuant to section 24-4.1-119, C.R.S.; surcharges for victims and witnesses assistance and law enforcement fund pursuant to section 24-4.2-104, C.R.S.; restitution; time payment fee; late fees; and any other fines, fees, or surcharges. For purposes of this sub-subparagraph (A.5), an “elderly person” or “elderly victim” means a person sixty years of age or older.

(B) Failure to pay a fine imposed pursuant to this subparagraph (III) is grounds for revocation of probation or revocation of a sentence to community corrections, assuming the defendant's ability to pay. If such a revocation occurs, the court may impose the maximum sentence allowable in the given sentencing ranges.

(C) Each judicial district shall have at least one clerk who shall collect and administer the fines imposed under this subparagraph (III) and under section 18-1.3-501 in accordance with the provisions of sub-subparagraph (D) of this subparagraph (III).

(D) All fines collected pursuant to this subparagraph (III) shall be deposited in the fines collection cash fund, which fund is hereby created. The general assembly shall make annual appropriations out of such fund for administrative and personnel costs incurred in the collection and administration of said fines. All unexpended balances shall revert to the general fund at the end of each fiscal year.

(E) Notwithstanding the provisions of sub-subparagraph (A) of this subparagraph (III), a person who has been twice convicted of a felony under the laws of this state, any other state, or the United States prior to the conviction for which he or she is being sentenced shall not be eligible to receive a fine in lieu of any sentence to imprisonment, community corrections, or work release but shall be sentenced to at least the minimum sentence specified in subparagraph (V) of this paragraph (a) and may receive a fine in addition to said sentence.

(IV) As to any person sentenced for a felony committed on or after July 1, 1985, but prior to July 1, 1993, felonies are divided into six classes which are distinguished from one another by the following presumptive ranges of penalties which are authorized upon conviction:

Class

Minimum Sentence

Maximum Sentence

1

Life imprisonment

Death

2

Eight years imprisonment

Twenty-four years imprisonment

3

Four years imprisonment

Sixteen years imprisonment

4

Two years imprisonment

Eight years imprisonment

5

One year imprisonment

Four years imprisonment

6

One year imprisonment

Two years imprisonment

(V)(A) As to any person sentenced for a felony committed on or after July 1, 1993, felonies are divided into six classes which are distinguished from one another by the following presumptive ranges of penalties which are authorized upon conviction:

Class

Minimum

Maximum

Mandatory

Sentence

Sentence

Period of Parole

1

Life imprisonment

Death

None

2

Eight years imprisonment

Twenty-four years imprisonment

Five years

3

Four years imprisonment

Twelve years imprisonment

Five years

4

Two years imprisonment

Six years imprisonment

Three years

5

One year imprisonment

Three years imprisonment

Two years

6

One year imprisonment

Eighteen months imprisonment

One year

(B) Any person who is paroled pursuant to section 17-22.5-403, C.R.S., or any person who is not paroled and is discharged pursuant to law, shall be subject to the mandatory period of parole established pursuant to sub-subparagraph (A) of this subparagraph (V). Such mandatory period of parole may not be waived by the offender or waived or suspended by the court and shall be subject to the provisions of section 17-22.5-403(8), C.R.S., which permits the state board of parole to discharge the offender at any time during the term of parole upon a determination that the offender has been sufficiently rehabilitated and reintegrated into society and can no longer benefit from parole supervision.

(C) Notwithstanding sub-subparagraph (A) of this subparagraph (V), the mandatory period of parole for a person convicted of a felony offense committed prior to July 1, 1996, pursuant to part 4 of article 3 of this title, or part 3 of article 6 of this title, shall be five years. Notwithstanding sub-subparagraph (A) of this subparagraph (V), and except as otherwise provided in sub-subparagraph (C.5) of this subparagraph (V), the period of parole for a person convicted of a felony offense committed on or after July 1, 1996, but prior to July 1, 2002, pursuant to part 4 of article 3 of this title, or part 3 of article 6 of this title, shall be set by the state board of parole pursuant to section 17-2-201(5)(a.5), C.R.S., but in no event shall the term of parole exceed the maximum sentence imposed upon the inmate by the court.

(C.3) Deleted by Laws 2002, Ch. 48, § 1, eff. March 26, 2002.

(C.5) Notwithstanding the provisions of sub-subparagraph (A) of this subparagraph (V), any person sentenced for a sex offense, as defined in section 18-1.3-1003(5), committed on or after November 1, 1998, shall be sentenced pursuant to the provisions of part 10 of this article.

(C.7) Any person sentenced for a felony committed on or after July 1, 2002, involving unlawful sexual behavior, as defined in section 16-22-102(9), C.R.S., or for a felony, committed on or after July 1, 2002, the underlying factual basis of which involved unlawful sexual behavior, and who is not subject to the provisions of part 10 of this article, shall be subject to the mandatory period of parole specified in sub-subparagraph (A) of this subparagraph (V).

(D) The mandatory period of parole imposed pursuant to sub-subparagraph (A) of this subparagraph (V) shall commence immediately upon the discharge of an offender from imprisonment in the custody of the department of corrections. If the offender has been granted release to parole supervision by the state board of parole, the offender shall be deemed to have discharged the offender's sentence to imprisonment provided for in sub-subparagraph (A) of this subparagraph (V) in the same manner as if such sentence were discharged pursuant to law; except that the sentence to imprisonment for any person sentenced as a sex offender pursuant to part 10 of this article shall not be deemed discharged on release of said person on parole. When an offender is released by the state board of parole or released because the offender's sentence was discharged pursuant to law, the mandatory period of parole shall be served by such offender. An offender sentenced for nonviolent felony offenses, as defined in section 17-22.5-405(5), C.R.S., may receive earned time pursuant to section 17-22.5-405, C.R.S., while serving a mandatory parole period in accordance with this section, but not while such offender is reincarcerated after a revocation of the mandatory period of parole. An offender who is sentenced for a felony committed on or after July 1, 1993, and paroled on or after January 1, 2009, shall be eligible to receive any earned time while on parole or after reparole following a parole revocation. The offender shall not be eligible for earned time while the offender is reincarcerated after revocation of the mandatory period of parole pursuant to this subparagraph (V).

(E) If an offender is sentenced consecutively for the commission of two or more felony offenses pursuant to sub-subparagraph (A) of this subparagraph (V), the mandatory period of parole for such offender shall be the mandatory period of parole established for the highest class felony of which such offender has been convicted.

(VI) Any person sentenced for a class 2, 3, 4, or 5 felony, or a class 6 felony that is the offender's second or subsequent felony offense, committed on or after July 1, 1998, regardless of the length of the person's sentence to incarceration and the mandatory period of parole, shall not be deemed to have fully discharged his or her sentence until said person has either completed or been discharged by the state board of parole from the mandatory period of parole imposed pursuant to subparagraph (V) of this paragraph (a).

(b)(I) Except as provided in subsection (6) and subsection (8) of this section and in section 18-1.3-804, a person who has been convicted of a class 2, class 3, class 4, class 5, or class 6 felony shall be punished by the imposition of a definite sentence which is within the presumptive ranges set forth in paragraph (a) of this subsection (1). In imposing the sentence within the presumptive range, the court shall consider the nature and elements of the offense, the character and record of the offender, and all aggravating or mitigating circumstances surrounding the offense and the offender. The prediction of the potential for future criminality by a particular defendant, unless based on prior criminal conduct, shall not be considered in determining the length of sentence to be imposed.

(II) As to any person sentenced for a felony committed on or after July 1, 1985, a person may be sentenced to imprisonment as described in subparagraph (I) of this paragraph (b) or to pay a fine that is within the presumptive ranges set forth in subparagraph (III) of paragraph (a) of this subsection (1) or to both such fine and imprisonment; except that any person who has been twice convicted of a felony under the laws of this state, any other state, or the United States prior to the conviction for which he or she is being sentenced shall not be eligible to receive a fine in lieu of any sentence to imprisonment as described in subparagraph (I) of this paragraph (b) but shall be sentenced to at least the minimum sentence specified in subparagraph (V) of paragraph (a) of this subsection (1) and may receive a fine in addition to said sentence.

(II.5) Notwithstanding anything in this section to the contrary, any person sentenced for a sex offense, as defined in section 18-1.3-1003(5), committed on or after November 1, 1998, may be sentenced to pay a fine in addition to, but not instead of, a sentence for imprisonment or probation pursuant to section 18-1.3-1004.

(III) Notwithstanding anything in this section to the contrary, as to any person sentenced for a crime of violence, as defined in section 18-1.3-406, committed on or after July 1, 1985, a person may be sentenced to pay a fine in addition to, but not instead of, a sentence for imprisonment.

(IV) If a person is convicted of assault in the first degree pursuant to section 18-3-202 or assault in the second degree pursuant to section 18-3-203 and the victim is a peace officer or firefighter engaged in the performance of his or her duties, as defined in section 18-1.3-501(1.5)(b), notwithstanding the provisions of subparagraph (III) of paragraph (a) of this subsection (1) and subparagraph (II) of this paragraph (b), the court shall sentence the person to the department of corrections. In addition to a term of imprisonment, the court may impose a fine on such person pursuant to subparagraph (III) of paragraph (a) of this subsection (1).

(c) Except as otherwise provided by statute, felonies are punishable by imprisonment in any correctional facility under the supervision of the executive director of the department of corrections. Nothing in this section shall limit the authority granted in part 8 of this article to increase sentences for habitual criminals. Nothing in this section shall limit the authority granted in parts 9 and 10 of this article to sentence sex offenders to the department of corrections or to sentence sex offenders to probation for an indeterminate term. Nothing in this section shall limit the authority granted in section 18-1.3-804 for increased sentences for habitual burglary offenders.

(2)(a) A corporation which has been found guilty of a class 2 or class 3 felony shall be subject to imposition of a fine of not less than five thousand dollars nor more than fifty thousand dollars. A corporation which has been found guilty of a class 4, class 5, or class 6 felony shall be subject to imposition of a fine of not less than one thousand dollars nor more than thirty thousand dollars.

(b) A corporation which has been found guilty of a class 2, class 3, class 4, class 5, or class 6 felony, for an act committed on or after July 1, 1985, shall be subject to imposition of a fine which is within the presumptive ranges set forth in subparagraph (III) of paragraph (a) of subsection (1) of this section.

(3) Every person convicted of a felony, whether defined as such within or outside this code, shall be disqualified from holding any office of honor, trust, or profit under the laws of this state or from practicing as an attorney in any of the courts of this state during the actual time of confinement or commitment to imprisonment or release from actual confinement on conditions of probation. Upon his or her discharge after completion of service of his or her sentence or after service under probation, the right to hold any office of honor, trust, or profit shall be restored, except as provided in section 4 of article XII of the state constitution.

(4)(a) A person who has been convicted of a class 1 felony shall be punished by life imprisonment in the department of corrections unless a proceeding held to determine sentence according to the procedure set forth in section 18-1.3-1201, 18-1.3-1302, or 18-1.4-102, results in a verdict that requires imposition of the death penalty, in which event such person shall be sentenced to death. As to any person sentenced for a class 1 felony, for an act committed on or after July 1, 1985, and before July 1, 1990, life imprisonment shall mean imprisonment without the possibility of parole for forty calendar years. As to any person sentenced for a class 1 felony, for an act committed on or after July 1, 1990, life imprisonment shall mean imprisonment without the possibility of parole.

(b)(I) Notwithstanding the provisions of sub-subparagraph (A) of subparagraph (V) of paragraph (a) of subsection (1) of this section and notwithstanding the provisions of paragraph (a) of this subsection (4), as to a person who is convicted as an adult of a class 1 felony following direct filing of an information or indictment in the district court pursuant to section 19-2-517, C.R.S., or transfer of proceedings to the district court pursuant to section 19-2-518, C.R.S., the district court judge shall sentence the person to a term of life imprisonment with the possibility of parole after serving a period of forty calendar years. Regardless of whether the state board of parole releases the person on parole, the person shall remain in the legal custody of the department of corrections for the remainder of the person's life and shall not be discharged.

(II) The provisions of this paragraph (b) shall apply to persons sentenced for offenses committed on or after July 1, 2006.

(5) In the event the death penalty as provided for in this section is held to be unconstitutional by the Colorado supreme court or the United States supreme court, a person convicted of a crime punishable by death under the laws of this state shall be punished by life imprisonment. In such circumstance, the court which previously sentenced a person to death shall cause such person to be brought before the court, and the court shall sentence such person to life imprisonment.

(6) In imposing a sentence to incarceration, the court shall impose a definite sentence which is within the presumptive ranges set forth in subsection (1) of this section unless it concludes that extraordinary mitigating or aggravating circumstances are present, are based on evidence in the record of the sentencing hearing and the presentence report, and support a different sentence which better serves the purposes of this code with respect to sentencing, as set forth in section 18-1-102.5. If the court finds such extraordinary mitigating or aggravating circumstances, it may impose a sentence which is lesser or greater than the presumptive range; except that in no case shall the term of sentence be greater than twice the maximum nor less than one-half the minimum term authorized in the presumptive range for the punishment of the offense.

(7) In all cases, except as provided in subsection (8) of this section, in which a sentence which is not within the presumptive range is imposed, the court shall make specific findings on the record of the case, detailing the specific extraordinary circumstances which constitute the reasons for varying from the presumptive sentence.

(8)(a) The presence of any one or more of the following extraordinary aggravating circumstances shall require the court, if it sentences the defendant to incarceration, to sentence the defendant to a term of at least the midpoint in the presumptive range but not more than twice the maximum term authorized in the presumptive range for the punishment of a felony:

(I) The defendant is convicted of a crime of violence under section 18-1.3-406;

(II) The defendant was on parole for another felony at the time of commission of the felony;

(III) The defendant was on probation or was on bond while awaiting sentencing following revocation of probation for another felony at the time of the commission of the felony;

(IV) The defendant was under confinement, in prison, or in any correctional institution as a convicted felon, or an escapee from any correctional institution for another felony at the time of the commission of a felony;

(V) At the time of the commission of the felony, the defendant was on appeal bond following his or her conviction for a previous felony;

(VI) At the time of the commission of a felony, the defendant was on probation for or on bond while awaiting sentencing following revocation of probation for a delinquent act that would have constituted a felony if committed by an adult.

(b) In any case in which one or more of the extraordinary aggravating circumstances provided for in paragraph (a) of this subsection (8) exist, the provisions of subsection (7) of this section shall not apply.

(c) Nothing in this subsection (8) shall preclude the court from considering aggravating circumstances other than those stated in paragraph (a) of this subsection (8) as the basis for sentencing the defendant to a term greater than the presumptive range for the felony.

(d)(I) If the defendant is convicted of the class 2 or the class 3 felony of child abuse under section 18-6-401(7)(a)(I) or (7)(a)(III), the court shall be required to sentence the defendant to the department of corrections for a term of at least the midpoint in the presumptive range but not more than twice the maximum term authorized in the presumptive range for the punishment of that class felony.

(II) In no case shall any defendant sentenced pursuant to subparagraph (I) of this paragraph (d) be eligible for suspension of sentence or for probation or deferred prosecution.

(e)(I) If the defendant is convicted of the class 2 felony of sexual assault in the first degree under section 18-3-402(3), commission of which offense occurs prior to November 1, 1998, the court shall be required to sentence the defendant to a term of at least the midpoint in the presumptive range but not more than twice the maximum term authorized in the presumptive range for the punishment of that class of felony.

(II) In no case shall any defendant sentenced pursuant to subparagraph (I) of this paragraph (e) be eligible for suspension of sentence or probation.

(III) As a condition of parole under section 17-2-201(5)(e), C.R.S., a defendant sentenced pursuant to this paragraph (e) shall be required to participate in a program of mental health counseling or receive appropriate treatment to the extent that the state board of parole deems appropriate to effectuate the successful reintegration of the defendant into the community while recognizing the need for public safety.

(e.5) If the defendant is convicted of the class 2 felony of sexual assault under section 18-3-402(5) or the class 2 felony of sexual assault in the first degree under section 18-3-402(3) as it existed prior to July 1, 2000, commission of which offense occurs on or after November 1, 1998, the court shall be required to sentence the defendant to the department of corrections for an indeterminate sentence of at least the midpoint in the presumptive range for the punishment of that class of felony up to the defendant's natural life.

(f) The court may consider aggravating circumstances such as serious bodily injury caused to the victim or the use of a weapon in the commission of a crime, notwithstanding the fact that such factors constitute elements of the offense.

(g) If the defendant is convicted of class 4 or class 3 felony vehicular homicide under section 18-3-106(1)(a) or (1)(b), and while committing vehicular homicide the defendant was in immediate flight from the commission of another felony, the court shall be required to sentence the defendant to the department of corrections for a term of at least the midpoint in the presumptive range but not more than twice the maximum term authorized in the presumptive range for the punishment of the class of felony vehicular homicide of which the defendant is convicted.

(9) The presence of any one or more of the following sentence-enhancing circumstances shall require the court, if it sentences the defendant to incarceration, to sentence the defendant to a term of at least the minimum in the presumptive range but not more than twice the maximum term authorized in the presumptive range for the punishment of a felony:

(a) At the time of the commission of the felony, the defendant was charged with or was on bond for a felony in a previous case and the defendant was convicted of any felony in the previous case;

(a.5) At the time of the commission of the felony, the defendant was charged with or was on bond for a delinquent act that would have constituted a felony if committed by an adult;

(b) At the time of the commission of the felony, the defendant was on bond for having pled guilty to a lesser offense when the original offense charged was a felony;

(c) The defendant was under a deferred judgment and sentence for another felony at the time of the commission of the felony;

(c.5) At the time of the commission of the felony, the defendant was on bond in a juvenile prosecution under title 19, C.R.S., for having pled guilty to a lesser delinquent act when the original delinquent act charged would have constituted a felony if committed by an adult;

(c.7) At the time of the commission of the felony, the defendant was under a deferred judgment and sentence for a delinquent act that would have constituted a felony if committed by an adult;

(d) At the time of the commission of the felony, the defendant was on parole for having been adjudicated a delinquent child for an offense which would constitute a felony if committed by an adult.

(10)(a) The general assembly hereby finds that certain crimes which are listed in paragraph (b) of this subsection (10) present an extraordinary risk of harm to society and therefore, in the interest of public safety, for such crimes which constitute class 3 felonies, the maximum sentence in the presumptive range shall be increased by four years; for such crimes which constitute class 4 felonies, the maximum sentence in the presumptive range shall be increased by two years; for such crimes which constitute class 5 felonies, the maximum sentence in the presumptive range shall be increased by one year; for such crimes which constitute class 6 felonies, the maximum sentence in the presumptive range shall be increased by six months.

(b) Crimes that present an extraordinary risk of harm to society shall include the following:

(I) Repealed by Laws 2004, Ch. 200, § 1, eff. Aug. 4, 2004.

(II) Repealed by Laws 2004, Ch. 200, § 1, eff. Aug. 4, 2004.

(III) Repealed by Laws 2004, Ch. 200, § 1, eff. Aug. 4, 2004.

(IV) Repealed by Laws 2004, Ch. 200, § 1, eff. Aug. 4, 2004.

(V) Repealed by Laws 2004, Ch. 200, § 1, eff. Aug. 4, 2004.

(VI) Repealed by Laws 2004, Ch. 200, § 1, eff. Aug. 4, 2004.

(VII) Repealed by Laws 2004, Ch. 200, § 1, eff. Aug. 4, 2004.

(VIII) Repealed by Laws 2004, Ch. 200, § 1, eff. Aug. 4, 2004.

(IX) Aggravated robbery, as defined in section 18-4-302;

(X) Child abuse, as defined in section 18-6-401;

(XI) Unlawful distribution, manufacturing, dispensing, sale, or possession of a controlled substance with the intent to sell, distribute, manufacture, or dispense, as defined in section 18-18-405;

(XII) Any crime of violence, as defined in section 18-1.3-406;

(XIII) Stalking, as described in section 18-9-111(4), as it existed prior to August 11, 2010, or section 18-3-602;

(XIV) Sale or distribution of materials to manufacture controlled substances, as described in section 18-18-412.7; and

(XV) Felony invasion of privacy for sexual gratification, as described in section 18-3-405.6.

(11) When it shall appear to the satisfaction of the court that the ends of justice and the best interest of the public, as well as the defendant, will be best served thereby, the court shall have the power to suspend the imposition or execution of sentence for such period and upon such terms and conditions as it may deem best; except that in no instance shall the court have the power to suspend a sentence to a term of incarceration when the defendant is sentenced pursuant to a sentencing provision that requires incarceration or imprisonment in the department of corrections, community corrections, or jail. In no instance shall a sentence be suspended if the defendant is ineligible for probation pursuant to section 18-1.3-201, except upon an express waiver being made by the sentencing court regarding a particular defendant upon recommendation of the district attorney and approval of such recommendation by an order of the sentencing court pursuant to section 18-1.3-201(4).

(12) Every sentence entered under this section shall include consideration of restitution as required by part 6 of this article and by article 18.5 of title 16, C.R.S.

(13)(a) The court, if it sentences a defendant who is convicted of any one or more of the offenses specified in paragraph (b) of this subsection (13) to incarceration, shall sentence the defendant to a term of at least the midpoint, but not more than twice the maximum, of the presumptive range authorized for the punishment of the offense of which the defendant is convicted if the court makes the following findings on the record:

(I) The victim of the offense was pregnant at the time of commission of the offense; and

(II) The defendant knew or reasonably should have known that the victim of the offense was pregnant.

(III) Deleted by Laws 2003, Ch. 340, § 3, eff. July 1, 2003.

(b) The provisions of this subsection (13) shall apply to the following offenses:

(I) Murder in the second degree, as described in section 18-3-103;

(II) Manslaughter, as described in section 18-3-104;

(III) Criminally negligent homicide, as described in section 18-3-105;

(IV) Vehicular homicide, as described in section 18-3-106;

(V) Assault in the first degree, as described in section 18-3-202;

(VI) Assault in the second degree, as described in section 18-3-203;

(VII) Vehicular assault, as described in section 18-3-205.

(c) Notwithstanding any provision of this subsection (13) to the contrary, for any of the offenses specified in paragraph (b) of this subsection (13) that constitute crimes of violence, the court shall sentence the defendant in accordance with the provisions of section 18-1.3-406.

(14) The court may sentence a defendant to the youthful offender system created in section 18-1.3-407 if the defendant is an eligible young adult offender pursuant to section 18-1.3-407.5.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2002, Ch. 318, § 387, eff. Oct. 1, 2002; Laws 2002, 3rd Ex.Sess., Ch. 1, § 8, eff. July 12, 2002; Laws 2003, Ch. 199, §§ 4, 13, 32, eff. April 29, 2003; Laws 2003, Ch. 199, § 18, eff. July 1, 2003; Laws 2003, Ch. 340, § 3, eff. July 1, 2003; Laws 2003, Ch. 360, § 3, eff. July 1, 2004; Laws 2003, Ch. 423, § 5, eff. July 1, 2003; Laws 2004, Ch. 200, § 1, eff. Aug. 4, 2004; Laws 2006, Ch. 228, § 2, eff. May 25, 2006; Laws 2008, Ch. 378, § 6, eff. July 1, 2008; Laws 2008, Ch. 392, § 54, eff. Aug. 5, 2008; Laws 2009, Ch. 77, § 4, eff. Oct. 1, 2009; Laws 2010, Ch. 88, § 5, eff. Aug. 11, 2010; Laws 2010, Ch. 415, § 5, eff. July 1, 2012.

VALIDITY

C.R.S.A. § 18-1.3-402

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 4. Sentences to Imprisonment

§ 18-1.3-402. Felony offenses not classified

(1) Any felony defined by state statute without specification of its class shall be punishable as provided in the statute defining it. For felony offenses committed on or after July 1, 1993, if the sentencing court sentences an offender to incarceration pursuant to the provisions of this section, the sentencing court shall also impose a mandatory period of parole of two years.

(2) Every sentence entered under this section shall include consideration of restitution as required by part 6 of this article and by article 18.5 of title 16, C.R.S.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-403

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 4. Sentences to Imprisonment

§ 18-1.3-403. Penalty for felony not fixed by statute--punishment

(1) In all cases where an offense is denominated by statute as being a felony and no penalty is fixed in the statute therefor, the punishment shall be imprisonment for not more than five years in a correctional facility, as defined in section 17-1-102, C.R.S., or a fine of not more than fifteen thousand dollars, or both such imprisonment and fine. For offenses committed on or after July 1, 1985, a fine of not more than one hundred thousand dollars may be levied. For offenses committed on or after July 1, 1993, if the sentencing court sentences an offender to incarceration pursuant to the provisions of this section, the sentencing court shall also impose a mandatory period of parole of two years.

(2) Every sentence entered under this section shall include consideration of restitution as required by part 6 of this article and by article 18.5 of title 16, C.R.S.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-404

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 4. Sentences to Imprisonment

§ 18-1.3-404. Duration of sentences for felonies

(1) Unless otherwise provided by law and except as otherwise provided in the “Colorado Children's Code”, title 19, C.R.S., courts sentencing any person for the commission of a felony to the custody of the executive director of the department of corrections shall fix a definite term as provided by section 18-1.3-401. The persons so sentenced shall be imprisoned and discharged as provided by other applicable statutes. No person sentenced to a correctional facility for the commission of a felony shall be subjected to imprisonment for a term exceeding the term provided by the statute fixing the length of the sentence for the crime of which the person was convicted and for which the person was sentenced.

(2)(a) If a court sentences a defendant to the custody of the department of corrections, the court shall, after fixing a definite term of imprisonment, read the following statement:

“The defendant may spend less time incarcerated than the term announced here today. The actual time served will be influenced by a number of factors including, but not limited to, previous criminal activities, eligibility for earned time for good behavior, correctional education program earned time, credit for time served, or community corrections eligibility.”

(b) By requiring the court to read the statement contained in paragraph (a) of this subsection (2), the general assembly does not intend to grant any additional rights to the defendant. Failure of a court to comply with the requirements of paragraph (a) of this subsection (2) shall not be grounds for a defendant to withdraw a guilty plea or in any way gain a reversal of a conviction or reduction in sentence.

(3)(a) Nothing in subsection (2) of this section shall be construed to affect the duties otherwise imposed by law on the court or on the executive director of the department of corrections.

(b) Nothing in subsection (2) of this section shall be construed to limit, expand, or otherwise affect any provision of law concerning the availability, administration, entitlement, or award of good time credits and earned time credits.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-405

Effective: August 5, 2009

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 4. Sentences to Imprisonment

§ 18-1.3-405. Credit for presentence confinement

A person who is confined for an offense prior to the imposition of sentence for said offense is entitled to credit against the term of his or her sentence for the entire period of such confinement. At the time of sentencing, the court shall make a finding of the amount of presentence confinement to which the offender is entitled and shall include such finding in the mittimus. The period of confinement shall be deducted from the sentence by the department of corrections. A person who is confined pending a parole revocation hearing is entitled to credit for the entire period of such confinement against any period of reincarceration imposed in the parole revocation proceeding. The period of confinement shall be deducted from the period of reincarceration by the department of corrections. If a defendant is serving a sentence or is on parole for a previous offense when he or she commits a new offense and he or she continues to serve the sentence for the previous offense while charges on the new offense are pending, the credit given for presentence confinement under this section shall be granted against the sentence the defendant is currently serving for the previous offense and shall not be granted against the sentence for the new offense.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002; Laws 2009, Ch. 105, § 3, eff. Aug. 5, 2009.

C.R.S.A. § 18-1.3-406

Effective: July 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 4. Sentences to Imprisonment

§ 18-1.3-406. Mandatory sentences for violent crimes

(1)(a) Any person convicted of a crime of violence shall be sentenced pursuant to the provisions of section 18-1.3-401(8) to the department of corrections for a term of incarceration of at least the midpoint in, but not more than twice the maximum of, the presumptive range provided for such offense in section 18-1.3-401(1)(a), as modified for an extraordinary risk crime pursuant to section 18-1.3-401(10), without suspension; except that, within ninety-one days after he or she has been placed in the custody of the department of corrections, the department shall transmit to the sentencing court a report on the evaluation and diagnosis of the violent offender, and the court, in a case which it considers to be exceptional and to involve unusual and extenuating circumstances, may thereupon modify the sentence, effective not earlier than one hundred nineteen days after his or her placement in the custody of the department. Such modification may include probation if the person is otherwise eligible therefor. Whenever a court finds that modification of a sentence is justified, the judge shall notify the state court administrator of his or her decision and shall advise said administrator of the unusual and extenuating circumstances that justified such modification. The state court administrator shall maintain a record, which shall be open to the public, summarizing all modifications of sentences and the grounds therefor for each judge of each district court in the state. A person convicted of two or more separate crimes of violence arising out of the same incident shall be sentenced for such crimes so that sentences are served consecutively rather than concurrently.

(b) Notwithstanding the provisions of paragraph (a) of this subsection (1), any person convicted of a sex offense, as defined in section 18-1.3-1003(5), committed on or after November 1, 1998, that constitutes a crime of violence shall be sentenced to the department of corrections for an indeterminate term of incarceration of at least the midpoint in the presumptive range specified in section 18-1.3-401(1)(a)(V)(A) up to a maximum of the person's natural life, as provided in section 18-1.3-1004(1).

(2)(a)(I) “Crime of violence” means any of the crimes specified in subparagraph (II) of this paragraph (a) committed, conspired to be committed, or attempted to be committed by a person during which, or in the immediate flight therefrom, the person:

(A) Used, or possessed and threatened the use of, a deadly weapon; or

(B) Caused serious bodily injury or death to any other person except another participant.

(II) Subparagraph (I) of this paragraph (a) applies to the following crimes:

(A) Any crime against an at-risk adult or at-risk juvenile;

(B) Murder;

(D) Kidnapping;

(E) A sexual offense pursuant to part 4 of article 3 of this title;

(F) Aggravated robbery;

(G) First degree arson;

(H) First degree burglary;

(I) Escape; or

(J) Criminal extortion.

(b)(I) “Crime of violence” also means any unlawful sexual offense in which the defendant caused bodily injury to the victim or in which the defendant used threat, intimidation, or force against the victim. For purposes of this subparagraph (I), “unlawful sexual offense” shall have the same meaning as set forth in section 18-3-411(1), and “bodily injury” shall have the same meaning as set forth in section 18-1-901(3)(c).

(II) The provisions of subparagraph (I) of this paragraph (b) shall apply only to felony unlawful sexual offenses.

(c) As used in this section, “at-risk adult” has the same meaning as set forth in section 18-6.5-102(1), and “at-risk juvenile” has the same meaning as set forth in section 18-6.5-102(1.5).

(3) In any case in which the accused is charged with a crime of violence as defined in subsection (2)(a)(I) of this section, the indictment or information shall so allege in a separate count, even though the use or threatened use of such deadly weapon or infliction of such serious bodily injury or death is not an essential element of the crime charged.

(4) The jury, or the court if no jury trial is had, in any case as provided in subsection (3) of this section shall make a specific finding as to whether the accused did or did not use, or possessed and threatened to use, a deadly weapon during the commission of such crime or whether such serious bodily injury or death was caused by the accused. If the jury or court finds that the accused used, or possessed and threatened the use of, such deadly weapon or that such injury or death was caused by the accused, the penalty provisions of this section shall be applicable.

(5) In any case in which the accused is charged with a crime of violence as defined in subsection (2)(a)(II) of this section, the indictment or information shall so allege in a separate count, even though the use of threat, intimidation, or force or the infliction of bodily injury is not an essential element of the crime charged.

(6) The jury, or the court if no jury trial is had, in any case as provided in subsection (5) of this section shall make a specific finding as to whether the accused did or did not use threat, intimidation, or force during the commission of such crime or whether such bodily injury was caused by the accused. If the jury or court finds that the accused used threat, intimidation, or force or that such bodily injury was caused by the accused, the penalty provisions of this section shall be applicable.

(7)(a) In any case in which the accused is charged with a crime of violence as defined in this section and the indictment or information specifies the use of a dangerous weapon as defined in sections 18-12-101 and 18-12-102, or the use of a semiautomatic assault weapon as defined in paragraph (b) of this subsection (7), upon conviction for said crime of violence, the judge shall impose an additional sentence to the department of corrections of five years for the use of such weapon. The sentence of five years shall be in addition to the mandatory sentence imposed for the substantive offense and shall be served consecutively to any other sentence and shall not be subject to suspension or probation.

(b) For the purposes of this subsection (7), “semiautomatic assault weapon” means any semiautomatic center fire firearm that is equipped with a detachable magazine with a capacity of twenty or more rounds of ammunition.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2003, Ch. 199, §§ 3, 21, eff. April 29, 2003; Laws 2004, Ch. 200, § 2, eff. Aug. 4, 2004; Laws 2012, Ch. 208, § 110, eff. July 1, 2012.

C.R.S.A. § 18-1.3-407

Effective: July 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 4. Sentences to Imprisonment

§ 18-1.3-407. Sentences--youthful offenders--legislative declaration--powers and duties of district court--authorization for youthful offender system--powers and duties of department of corrections--definitions

(1)(a) It is the intent of the general assembly that the youthful offender system established pursuant to this section shall benefit the state by providing as a sentencing option for certain youthful offenders a controlled and regimented environment that affirms dignity of self and others, promotes the value of work and self-discipline, and develops useful skills and abilities through enriched programming.

(b) It is the further intent of the general assembly in enacting this section that female and male offenders who are eligible for sentencing to the youthful offender system pursuant to section 18-1.3-407.5 or section 19-2-517(6) or 19-2-518(1)(d)(II), C.R.S., receive equitable treatment in sentencing, particularly in regard to the option of being sentenced to the youthful offender system. Accordingly, it is the general assembly's intent that necessary measures be taken by the department of corrections to establish separate housing for female and male offenders who are sentenced to the youthful offender system without compromising the equitable treatment of either.

(c) It is the intent of the general assembly that offenders sentenced to the youthful offender system be housed and serve their sentences in a facility specifically designed and programmed for the youthful offender system and that offenders so sentenced be housed separate from and not brought into daily physical contact with inmates sentenced to the department of corrections who have not been sentenced to the youthful offender system, except as specifically provided under subsection (5) of this section. The facility that houses offenders sentenced to the youthful offender system shall be limited to two hundred fifty-six beds.

(d) It is the intent of the general assembly that offenders sentenced to the youthful offender system be sentenced as adults and be subject to all laws and department of corrections rules, regulations, and standards pertaining to adult inmates, except as otherwise provided in this section.

(2)(a)(I) A juvenile may be sentenced to the youthful offender system created pursuant to this section under the circumstances set forth in section 19-2-517(6)(a)(II) or 19-2-518(1)(d)(II), C.R.S. A young adult offender may be sentenced to the youthful offender system created pursuant to this section under the circumstances set forth in section 18-1.3-407.5. In order to sentence a juvenile or young adult offender to the youthful offender system, the court shall first impose upon such person a sentence to the department of corrections in accordance with section 18-1.3-401. The court shall thereafter suspend such sentence conditioned on completion of a sentence to the youthful offender system, including a period of community supervision. The court shall impose any such sentence to the youthful offender system for a determinate period of not fewer than two years nor more than six years; except that a juvenile or young adult offender convicted of a class 2 felony may be sentenced for a determinate period of up to seven years. In imposing such sentence, the court shall grant authority to the department of corrections to place the offender under a period of community supervision for a period of not fewer than six months and up to twelve months any time after the date on which the offender has twelve months remaining to complete the determinate sentence. The court may award an offender sentenced to the youthful offender system credit for presentence confinement; except that such credit shall not reduce the offender's actual time served in the youthful offender system to fewer than two years. The court shall have a presentence investigation conducted before sentencing a juvenile or young adult offender pursuant to this section. Upon the request of either the prosecution or the defense, the presentence report shall include a determination by the warden of the youthful offender system whether the offender is acceptable for sentencing to the youthful offender system. When making a determination, the warden shall consider the nature and circumstances of the crime; the age, circumstances, and criminal history of the offender; the available bed space in the youthful offender system; and any other appropriate considerations.

(II) Upon the successful completion of the determinate sentence to the youthful offender system, including the mandatory period of community supervision, the suspended sentence pursuant to section 18-1.3-401 shall have been completed. Whenever an offender is returned to the district court for revocation pursuant to subsection (5) of this section, the court shall impose the original sentence following the revocation of the sentence to the youthful offender system, except as otherwise provided in paragraph (b) of subsection (5) of this section.

(III) For the purposes of this section, unless the context otherwise requires:

(A) “Juvenile” means a person who is under eighteen years of age when the crime is committed and under twenty-one years of age at the time of sentencing pursuant to this section.

(B) “Young adult offender” means a person who is at least eighteen years of age but under twenty years of age when the crime is committed and under twenty-one years of age at the time of sentencing pursuant to this section.

(C) “Youthful offender” or “offender” means a juvenile or a young adult offender who has been sentenced to the youthful offender system or who is eligible for sentencing to the youthful offender system.

(IV) As used in this section, “community supervision” shall not be construed to mean a community corrections program, as defined in section 17-27-102, C.R.S.

(a.5) During any period of incarceration under the youthful offender system, privileges including, but not limited to, televisions, radios, and entertainment systems, shall not be available for an offender unless such privileges have been earned under a merit system.

(b) Article 22.5 of title 17, C.R.S., concerning time credits, shall not apply to any person sentenced to the youthful offender system; except that an offender whose sentence to the youthful offender system is revoked pursuant to subsection (5) of this section may receive one day of credit against the suspended sentence imposed by the court following revocation of the sentence to the youthful offender system for each day the offender served in the youthful offender system, excluding any period of time during which the offender was under community supervision.

(2.1)(a) As originally enacted, this section applied only to offenses committed by juveniles on or after September 13, 1993. For purposes of extending the availability of sentencing options, a juvenile who meets the criteria set forth in section 19-2-517(6)(a)(II), C.R.S., may be sentenced to the youthful offender system pursuant to this section, under the following circumstances:

(I) The juvenile is sentenced on or after June 3, 1994, for an offense committed prior to, on, or after September 13, 1993;

(II) The juvenile committed an offense prior to September 13, 1993, and was sentenced for the offense on or after September 13, 1993, but prior to June 3, 1994. Such a juvenile may only be resentenced to the youthful offender system if a court, in its discretion, so orders in response to a motion filed in accordance with rule 35 of the Colorado rules of criminal procedure.

(b) A juvenile who committed an offense prior to September 13, 1993, and who was sentenced prior to September 13, 1993, shall not be eligible to be sentenced to the youthful offender system.

(c) A juvenile described in paragraph (a) of this subsection (2.1) may be sentenced pursuant to this section only if the juvenile meets the age requirement set forth in subparagraph (III) of paragraph (a) of subsection (2) of this section.

(3) The department of corrections shall develop and implement a youthful offender system for offenders sentenced in accordance with subsection (2) of this section. The youthful offender system shall be under the direction and control of the executive director of the department of corrections. The youthful offender system shall be based on the following principles:

(a) The system should provide for teaching offenders self-discipline by providing clear consequences for inappropriate behavior;

(b) The system should include a daily regimen that involves offenders in physical training, self-discipline exercises, educational and work programs, and meaningful interaction, with a component for a tiered system for swift and strict discipline for noncompliance;

(c) The system should use staff models and mentors to promote within an offender the development of socially accepted attitudes and behaviors;

(d) The system should provide offenders with instruction on problem-solving skills and should incorporate methods to reinforce the use of cognitive behavior strategies that change offenders' orientation toward criminal thinking and behavior;

(e) The system should promote among offenders the creation and development of new group cultures which result in a transition to prosocial behavior; and

(f) The system should provide offenders the opportunity to gradually reenter the community while demonstrating the capacity for self-discipline and the attainment of respect for the community.

(3.3) The youthful offender system consists of the following components, and the department of corrections has the authority described in paragraphs (a) to (d) of this subsection (3.3) in connection with the administration of the components:

(a) An intake, diagnostic, and orientation phase;

(b) Phase I, during which time a range of core programs, supplementary activities, and educational and prevocational programs and services are provided to offenders;

(c)(I) Phase II, which may be administered during the last three months of the period of institutional confinement and during which time the department of corrections is authorized to transfer an offender to a twenty-four-hour custody residential program that serves youthful offenders.

(II) In connection with the component described in subparagraph (I) of this paragraph (c), the department of corrections is authorized to operate or to contract with a prerelease residential program for those sentenced as youthful offenders. The department of corrections or the contract provider shall provide for twenty-four-hour custody of offenders in phase II.

(d)(I) Phase III, which is to be administered for the period of community supervision that remains after the completion of phase II and during which the offender is monitored during reintegration into society.

(II) After the department determines appropriate phase III placement, the department shall notify, no later than thirty days prior to placement, the local law enforcement agency for the jurisdiction in which the offender shall be placed for phase III. The notice shall include the offender's name, the crime committed by the offender, the disposition of the offender's case, and the basis for the placement. The local law enforcement agency may appeal the placement, if the placement is in a jurisdiction other than the jurisdiction where the offender was convicted, it may appeal to the executive director of the department at least fifteen days prior to the placement. Except that the local law enforcement agency may not appeal if the placement is in the jurisdiction where the offender was residing at the time the offense was committed. If there is an appeal, after considering the department's basis for placement and the local law enforcement's basis for appeal, the executive director shall make the final determination of the placement.

(3.4) In addition to the powers granted to the department of corrections in subsection (3.3) of this section, the department of corrections may:

(a) Transfer a youthful offender to an appropriate facility for the purpose of accomplishing the offender's redirection goals, as long as the transfer does not jeopardize the safety and welfare of the offender;

(b) Operate an emancipation program and provide other support or monitoring services and residential placement for offenders participating in phase II and phase III under the youthful offender system for whom family reintegration poses difficulties. The department of corrections shall provide reintegration support services to an offender placed in an emancipation house.

(c) Contract with any public or private entity, including but not limited to a school district, for provision or certification of educational services. Offenders receiving educational services or diplomas from a school district under an agreement entered into pursuant to this paragraph (c) shall not be included in computing the school district's student performance on statewide assessments pursuant to section 22-7-409, C.R.S., or the school district's levels of attainment of the performance indicators pursuant to article 11 of title 22, C.R.S.

(3.5) The executive director of the department of corrections shall have final approval on the hiring and transferring of staff for the youthful offender system. In staffing the youthful offender system, the executive director shall select persons who are trained in the treatment of youthful offenders or will be trained in the treatment of youthful offenders prior to working with such population, are trained to act as role models and mentors pursuant to paragraph (c) of subsection (3) of this section, and are best equipped to enable the youthful offender system to meet the principles specified in subsection (3) of this section. The executive director shall make a recommendation to the department of personnel regarding the classification of positions with the youthful offender system, taking into account the level of education and training required for such positions.

(4) The youthful offender system shall provide for community supervision which shall consist of highly structured surveillance and monitoring and educational and treatment programs. Community supervision shall be administered by the department of corrections, and revocation of the inmate's supervision status shall be subject to the provisions of subsections (2) and (5) of this section.

(4.3) The youthful offender system shall provide sex offender treatment services for an offender who is sentenced to the youthful offender system and who has a history of committing a sex offense as defined in section 16-11.7-102(3), C.R.S., or who has a history of committing any other offense, the underlying factual basis of which includes a sex offense. Prior to July 1, 2002, the sex offender treatment services provided pursuant to this subsection (4.3) shall comply with any existing national standards for juvenile sex offender treatment. On and after July 1, 2002, the sex offender treatment services provided pursuant to this subsection (4.3) shall comply with the sex offender treatment standards adopted by the sex offender management board pursuant to section 16-11.7-103, C.R.S.

(4.5) The consent of the parent, parents, or legal guardian of an offender under the age of eighteen years who has been sentenced to the youthful offender system pursuant to this section shall not be necessary in order to authorize hospital, medical, mental health, dental, emergency health, or emergency surgical care. In addition, neither the department nor any hospital, physician, surgeon, mental health care provider, dentist, trained emergency health care provider, or agent or employee thereof who, in good faith, relies on such a minor offender's consent shall be liable for civil damages for failure to secure the consent of such an offender's parent, parents, or legal guardian prior to rendering such care. However, the parent, parents, or legal guardian of a minor offender described in this subsection (4.5) may be liable, as provided by law, to pay the charges for the care provided the minor on said minor's consent.

(5)(a) Except as otherwise provided by paragraph (b) of this subsection (5), the department of corrections shall implement a procedure for the transfer of an offender to another facility when an offender in the system poses a danger to himself or herself or others. The executive director of the department of corrections shall review any transfer determination by the department prior to the actual transfer of an inmate, including a transfer back to the district court for revocation of the sentence to the youthful offender system. A transfer pursuant to this paragraph (a) shall be limited to a period not to exceed sixty days, at which time the offender shall be returned to the youthful offender facility to complete his or her sentence or returned to the district court for revocation of the sentence to the youthful offender system. In no case shall an offender initially sentenced to the youthful offender system be held in isolation or segregation or in an adult facility for longer than sixty consecutive days without action by the sentencing court.

(b)(I) An offender who is thought to have a mental illness or developmental disability by a mental health clinician, as defined by regulation of the department of corrections, may be transferred to another facility for a period not to exceed sixty days for diagnostic validation of said illness or disability. At the conclusion of the sixty-day period, the psychiatrists or other appropriate professionals conducting the diagnosis shall forward to the executive director of the department of corrections their findings, which at a minimum shall include a statement of whether the offender has the ability to withstand the rigors of the youthful offender system. If the diagnosis determines that the offender is incapable of completing his or her sentence to the youthful offender system due to a mental illness or developmental disability, the executive director shall forward such determination to the sentencing court. Based on the determination, the sentencing court shall review the offender's sentence to the youthful offender system and may:

(A) Impose the offender's original sentence to the department of corrections; or

(B) Reconsider and reduce the offender's sentence to the department of corrections in consideration of the offender's mental illness or developmental disability.

(II) Any offender who is resentenced pursuant to this paragraph (b) shall continue to be treated as an adult for purposes of sentencing and shall not be sentenced pursuant to article 2 of title 19, C.R.S.

(III) In no event shall the sentencing court, after reviewing the offender's sentence to the youthful offender system pursuant to this paragraph (b), increase the offender's sentence to the department of corrections due to the offender's diagnosis of mental illness or determination of developmental disability.

(IV) Any offender who is diagnosed as having mental illness or determined to have a developmental disability and is therefore incapable of completing his or her sentence to the youthful offender system may be housed in any department of corrections facility deemed appropriate by the executive director or transferred in accordance with procedures set forth in section 17-23-101, C.R.S., pending action by the sentencing court with regard to the offender's sentence.

(c) The department of corrections shall implement a procedure for returning offenders who cannot successfully complete the sentence to the youthful offender system, or who fail to comply with the terms or conditions of the youthful offender system, to the district court. An offender returned to the district court pursuant to paragraph (a) of this subsection (5) or because he or she cannot successfully complete the sentence to the youthful offender system for reasons other than mental illness or a developmental disability, or because he or she fails to comply with the terms or conditions of the youthful offender system, shall receive imposition of the original sentence to the department of corrections. After the executive director of the department upholds the department's decision, the offender may be held in any correctional facility deemed appropriate by the executive director; except that an offender who cannot successfully complete the sentence to the youthful offender system for reasons other than mental illness or a developmental disability, or because he or she fails to comply with the terms or conditions of the youthful offender system, shall be transferred, within thirty-five days after the executive director upholds the department's decision, to a county jail for holding prior to resentencing. The department shall notify the district attorney of record, and the district attorney of record shall be responsible for seeking the revocation or review of the offender's sentence and the imposition of the original sentence or modification of the original sentence pursuant to sub-subparagraph (B) of subparagraph (I) of paragraph (b) of this subsection (5). The district court shall review the offender's sentence within one hundred twenty-six days after notification to the district attorney of record by the department of corrections that the offender is not able to complete the sentence to the youthful offender system or fails to comply with the terms or conditions of the youthful offender system.

(6) The department of corrections shall establish and enforce standards for the youthful offender system. Offenders in the youthful offender system, including those under community supervision, shall be considered inmates for the purposes of section 17-1-111, C.R.S.

(7) The number of offenders in any program element under the youthful offender system shall be determined by the department within available appropriations.

(8) The department of corrections may and is encouraged to contract with any private or public entity for the provision of services and facilities under the youthful offender system.

(9) On or before November 1, 1993, the department, in conjunction with the division of criminal justice, shall develop and the department shall implement a process for monitoring and evaluating the youthful offender system. In implementing such system, the department may contract with a private agency for assistance.

(10)(a) Deleted by Laws 2002, Ch. 234, § 19, eff. Aug. 7, 2002.

(b) The division of criminal justice shall independently monitor and evaluate, or contract with a public or private entity to independently monitor and evaluate, the youthful offender system. On or before November 1, 2002, and on or before November 1 every two years thereafter, the division of criminal justice shall report its findings, or the findings of the contract entity, to the judiciary committees of the senate and the house of representatives. The department of corrections shall cooperate in providing the necessary data to the division of criminal justice or an entity designated by the division of criminal justice to complete the evaluation required in this section.

(11) Any district attorney in the state shall maintain records regarding juveniles who are sentenced to the youthful offender system and such records shall indicate which juveniles have been filed on as adults or are sentenced to the system and the offenses committed by such juveniles.

(11.5)(a)(I) An offender who is sentenced to the youthful offender system shall submit to and pay for collection and a chemical testing of a biological substance sample from the offender to determine the genetic markers thereof.

(II) Collection of the biological substance sample shall occur as soon as possible after being sentenced to the youthful offender system, and the results thereof shall be filed with and maintained by the Colorado bureau of investigation. The results of such tests shall be furnished to any law enforcement agency upon request.

(b) The department of corrections or its designee or contractor may use reasonable force to obtain biological substance samples in accordance with paragraph (a) of this subsection (11.5).

(c) Any moneys received from offenders pursuant to paragraph (a) of this subsection (11.5) shall be deposited in the offender identification fund created in section 24-33.5-415.6, C.R.S.

(d) The Colorado bureau of investigation is directed to conduct the chemical testing of the biological substance samples obtained pursuant to this subsection (11.5).

(12) The general assembly recognizes that the increased number of violent crimes committed by juveniles and young adults is a problem faced by all the states of this nation. By creating the youthful offender system, Colorado stands at the forefront of the states in creating a new approach to addressing this problem. The general assembly also declares that the cost of implementing and operating the youthful offender system will create a burden on the state's limited resources. Accordingly, the general assembly directs the department of corrections to seek out and accept available federal, state, and local public funds, including project demonstration funds, and private moneys and private systems for the purpose of conducting the youthful offender system.

(13) Repealed by Laws 2004, Ch. 70, § 3, eff. April 5, 2004.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2003, Ch. 134, § 19, eff. April 17, 2003; Laws 2004, Ch. 70, §§ 2, 3 eff. April 5, 2004; Laws 2004, Ch. 359, § 14, eff. June 3, 2004; Laws 2006, Ch. 339, § 10, eff. July 1, 2007; Laws 2006, Ch. 298, § 49, eff. Aug. 7, 2006; Laws 2008, Ch. 18, § 1, eff. March 18, 2008; Laws 2008, Ch. 320, § 3, eff. May 28, 2008; Laws 2009, Ch. 77, § 5, eff. Oct. 1, 2009; Laws 2009, Ch. 293, § 55, eff. May 21, 2009. Amended by Laws 2010, Ch. 264, § 5, eff. Aug. 11, 2010; Laws 2012, Ch. 208, § 111, eff. July 1, 2012.

C.R.S.A. § 18-1.3-407.5

Effective: October 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 4. Sentences to Imprisonment

§ 18-1.3-407.5. Repealed by Laws 2009, Ch. 77, § 1, eff. Oct. 1, 2012

C.R.S.A. § 18-1.3-408

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 4. Sentences to Imprisonment

§ 18-1.3-408. Determinate sentence of imprisonment imposed by court

When a person has been convicted of a felony and a sentence of imprisonment imposed, the court imposing the sentence shall fix a definite term of imprisonment, which shall be not longer than the terms authorized in section 18-1.3-401; except that, for persons convicted on or after November 1, 1998, of a sex offense, as defined in section 18-1.3-1003(5), the court shall impose an indeterminate sentence as provided in part 10 of this article.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-501

Effective: July 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 5. Misdemeanor and Petty Offense Sentencing

§ 18-1.3-501. Misdemeanors classified--penalties

(1)(a) Misdemeanors are divided into three classes which are distinguished from one another by the following penalties which are authorized upon conviction except as provided in subsection (1.5) of this section:

Class

Minimum Sentence

Maximum Sentence

1

Six months imprisonment, or five hundred dollars fine, or both

Eighteen months imprisonment, or five thousand dollars fine, or both

2

Three months imprisonment, or two hundred fifty dollars fine, or both

Twelve months imprisonment, or one thousand dollars fine, or both

3

Fifty dollars fine

Six months imprisonment, or seven hundred fifty dollars fine, or both

(b) A term of imprisonment for conviction of a misdemeanor shall not be served in a state correctional facility unless served concurrently with a term for conviction of a felony.

(c) A term of imprisonment in a county jail for a conviction of a misdemeanor, petty, or traffic misdemeanor offense shall not be ordered to be served consecutively to a sentence to be served in a state correctional facility; except that if, at the time of sentencing, the court determines, after consideration of all the relevant facts and circumstances, that a concurrent sentence is not warranted, the court may order that the misdemeanor sentence be served prior to the sentence to be served in the state correctional facility and prior to the time the defendant is transported to the state correctional facility to serve all or the remainder of the defendant's state correctional facility sentence.

(1.5)(a) If a defendant is convicted of assault in the third degree under section 18-3-204 and the victim is a peace officer, emergency medical service provider, emergency medical care provider, or firefighter engaged in the performance of his or her duties, notwithstanding subsection (1) of this section, the court shall sentence the defendant to a term of imprisonment greater than the maximum sentence but no more than twice the maximum sentence authorized for the same crime when the victim is not a peace officer, emergency medical service provider, emergency medical care provider, or firefighter engaged in the performance of his or her duties. In addition to the term of imprisonment, the court may impose a fine on the defendant under subsection (1) of this section. At any time after sentencing and before the discharge of the defendant's sentence, the victim may request that the defendant participate in restorative justice practices with the victim. If the defendant accepts responsibility for and expresses remorse for his or her actions and is willing to repair the harm caused by his or her actions, an individual responsible for the defendant's supervision shall make the necessary arrangements for the restorative justice practices requested by the victim.

(b) As used in this section, “peace officer, emergency medical service provider, emergency medical care provider, or firefighter engaged in the performance of his or her duties” means a peace officer as described in section 16-2.5-101, C.R.S., emergency medical service provider as defined in part 1 of article 3.5 of title 25, C.R.S., emergency medical care provider as defined by section 18-3-204(4), or a firefighter as defined in section 18-3-201(1), who is engaged or acting in or who is present to engage or act in the performance of a duty, service, or function imposed, authorized, required, or permitted by law to be performed by a peace officer, emergency medical service provider, emergency medical care provider, or firefighter, whether or not the peace officer, emergency medical service provider, emergency medical care provider, or firefighter is within the territorial limits of his or her jurisdiction, if the peace officer, emergency medical service provider, emergency medical care provider, or firefighter is in uniform or the person committing an assault upon or offense against or otherwise acting toward the peace officer, emergency medical service provider, emergency medical care provider, or firefighter knows or reasonably should know that the victim is a peace officer, emergency medical service provider, emergency medical care provider, or firefighter or if the peace officer, emergency medical service provider, emergency medical care provider, or firefighter is intentionally assaulted in retaliation for the performance of his or her official duties.

(1.7)(a) If a defendant is convicted of assault in the third degree pursuant to section 18-3-204 or reckless endangerment pursuant to section 18-3-208 and the victim is a mental health professional employed by or under contract with the department of human services engaged in the performance of his or her duties, notwithstanding the provisions of subsection (1) of this section, the court may sentence the defendant to a term of imprisonment greater than the maximum sentence but not more than twice the maximum sentence authorized for the crime when the victim is not a mental health professional employed by or under contract with the department of human services engaged in the performance of his or her duties. In addition to a term of imprisonment, the court may impose a fine on the defendant pursuant to subsection (1) of this section.

(b) “Mental health professional” means a mental health professional licensed to practice medicine pursuant to part 1 of article 36 of title 12, C.R.S., or a person licensed as a mental health professional pursuant to article 43 of title 12, C.R.S., a person licensed as a nurse pursuant to part 1 of article 38 of title 12, C.R.S., a nurse aide certified pursuant to part 1 of article 38.1 of title 12, C.R.S., and a psychiatric technician licensed pursuant to part 1 of article 42 of title 12, C.R.S.

(2) The defendant may be sentenced to perform a certain number of hours of community or useful public service in addition to any other sentence provided by subsection (1) of this section, subject to the conditions and restrictions of section 18-1.3-507. An inmate in county jail acting as a trustee shall not be given concurrent credit for community or useful public service when such service is performed in his or her capacity as trustee. For the purposes of this subsection (2), “community or useful public service” means any work which is beneficial to the public, any public entity, or any bona fide nonprofit private or public organization, which work involves a minimum of direct supervision or other public cost and which work would not, with the exercise of reasonable care, endanger the health or safety of the person required to work.

(3)(a) The general assembly hereby finds that certain misdemeanors which are listed in paragraph (b) of this subsection (3) present an extraordinary risk of harm to society and therefore, in the interest of public safety, the maximum sentence for such misdemeanors shall be increased by six months.

(b) Misdemeanors that present an extraordinary risk of harm to society shall include the following:

(I) Assault in the third degree, as defined in section 18-3-204;

(I.5)(A) Sexual assault, as defined in section 18-3-402; or

(B) Sexual assault in the second degree, as defined in section 18-3-403, as it existed prior to July 1, 2000;

(II)(A) Unlawful sexual contact, as defined in section 18-3-404; or

(B) Sexual assault in the third degree, as defined in section 18-3-404, as it existed prior to July 1, 2000;

(III) Child abuse, as defined in section 18-6-401(7)(a)(V);

(IV) Second and all subsequent violations of a protection order as defined in section 18-6-803.5(1.5)(a.5);

(V) Misdemeanor failure to register as a sex offender, as described in section 18-3-412.5; and

(VI) Misdemeanor invasion of privacy for sexual gratification, as described in section 18-3-405.6.

(4) Notwithstanding any provision of law to the contrary, any person who attempts to commit, conspires to commit, or commits against an elderly person any misdemeanor set forth in part 4 of article 4 of this title, part 1, 2, 3, or 5 of article 5 of this title, or article 5.5 of this title shall be required to pay a mandatory and substantial fine within the limits permitted by law. However, all moneys collected from the offender shall be applied in the following order: Costs for crime victim compensation fund pursuant to section 24-4.1-119, C.R.S.; surcharges for victims and witnesses assistance and law enforcement fund pursuant to section 24-4.2-104, C.R.S.; restitution; time payment fee; late fees; and any other fines, fees, or surcharges. For purposes of this subsection (4), an “elderly person” or “elderly victim” means a person sixty years of age or older.

(5) Every sentence entered under this section shall include consideration of restitution as required by part 6 of this article and by article 18.5 of title 16, C.R.S.

(6) For a defendant who is convicted of assault in the third degree, as described in section 18-3-204, the court, in addition to any fine the court may impose, shall sentence the defendant to a term of imprisonment of at least six months, but not longer than the maximum sentence authorized for the offense, as specified in this section, which sentence shall not be suspended in whole or in part, if the court makes the following findings on the record:

(a) The victim of the offense was pregnant at the time of commission of the offense; and

(b) The defendant knew or should have known that the victim of the offense was pregnant.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2003, Ch. 139, § 22, eff. July 1, 2003; Laws 2003, Ch. 242, § 44, eff. Aug. 6, 2003; Laws 2003, Ch. 340, § 4, eff. July 1, 2003; Laws 2004, Ch. 200, § 3, eff. Aug. 4, 2004; Laws 2005, Ch. 257, § 1, eff. July 1, 2005; Laws 2007, Ch. 145, § 4, eff. April 16, 2007; Laws 2008, Ch. 392, § 55, eff. Aug. 5, 2008; Laws 2009, Ch. 305, § 2, eff. July 1, 2009; Laws 2010, Ch. 415, § 6, eff. July 1, 2012; Laws 2010, Ch. 419, § 32, eff. Aug. 11, 2010; Laws 2011, Ch. 250, § 1, eff. Aug. 10, 2011; Laws 2012, Ch. 271, § 11, eff. July 1, 2012.

C.R.S.A. § 18-1.3-502

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 5. Misdemeanor and Petty Offense Sentencing

§ 18-1.3-502. Duration of sentences for misdemeanors

Courts sentencing any person for the commission of a misdemeanor to the custody of the executive director of the department of corrections shall not fix a minimum term but may fix a maximum term less than the maximum provided by law for the offense. The persons so sentenced shall be imprisoned, released under parole, and discharged as provided by other applicable statutes. No person sentenced to a correctional facility for the commission of a misdemeanor shall be subjected to imprisonment for a term exceeding the maximum term provided by the statute fixing the maximum length of the sentence for the crime of which he or she was convicted and for which he or she was sentenced. A person sentenced to a term of imprisonment for the commission of a misdemeanor shall be entitled to the same time credits as if he or she were sentenced to a term of imprisonment for the commission of a felony. No person committed as a juvenile delinquent shall be imprisoned for a term exceeding two years, except as otherwise provided for aggravated juvenile offenders in section 19-2-601, C.R.S.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-503

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 5. Misdemeanor and Petty Offense Sentencing

§ 18-1.3-503. Petty offenses classified--penalties

(1) A violation of a statute of this state is a “petty offense” if specifically classified as a class 1 or class 2 petty offense. The penalty for commission of a class 1 petty offense, upon conviction, is a fine of not more than five hundred dollars, or imprisonment for not more than six months other than in state correctional facilities, or both. The penalty for commission of a class 2 petty offense is a fine specified in the section defining the offense. The penalty assessment procedure of section 16-2-201, C.R.S., is available for the payment of fines in class 2 petty offense cases.

(2) Every sentence entered under this section shall include consideration of restitution as required by part 6 of this article and by article 18.5 of title 16, C.R.S.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-504

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 5. Misdemeanor and Petty Offense Sentencing

§ 18-1.3-504. Misdemeanors and petty offenses not classified

(1) Any misdemeanor or petty offense defined by state statute without specification of its class shall be punishable as provided in the statute defining it.

(2) Every sentence entered under this section shall include consideration of restitution as required by part 6 of this article and by article 18.5 of title 16, C.R.S.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-505

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 5. Misdemeanor and Petty Offense Sentencing

§ 18-1.3-505. Penalty for misdemeanor not fixed by statute--punishment

(1) In all cases where an offense is denominated a misdemeanor and no penalty is fixed in the statute therefor, the punishment shall be imprisonment for not more than one year in the county jail, or a fine of not more than one thousand dollars, or both such imprisonment and fine.

(2) Every sentence entered under this section shall include consideration of restitution as required by part 6 of this article and by article 18.5 of title 16, C.R.S.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-506

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 5. Misdemeanor and Petty Offense Sentencing

§ 18-1.3-506. Payment and collection of fines for class 1, 2, or 3 misdemeanors and class 1 or 2 petty offenses--release from incarceration

(1) Whenever the court imposes a fine for a nonviolent class 1, 2, or 3 misdemeanor or for a class 1 or 2 petty offense, if the person who committed the offense is unable to pay the fine at the time of the court hearing or if he or she fails to pay any fine imposed for the commission of such offense, in order to guarantee the payment of such fine, the court may:

(a) Require the person to post sufficient bond or collateral; or

(b) Enter a judgment in favor of the state or political subdivision to whom the fine is owed and enter an order based on such judgment for the garnishment of the person's earnings in accordance with the provisions of either article 54 or 54.5 of title 13, C.R.S., for the purpose of collecting said fine and the costs incurred in collecting said fine; or

(c) Enter a judgment in favor of the state or political subdivision to whom the fine is owed and execute a lien based on such judgment on any chattels, lands, tenements, moneys, and real estate of the person in accordance with article 52 of title 13, C.R.S., for the purpose of collecting said fine and the costs incurred in collecting said fine.

(2) The state or a political subdivision may appear before a court of record in this state and request that the court order the release from a county jail or a correctional facility of a person who has been incarcerated as a result of the failure to pay a fine or the failure to appear in court in connection with the commission of a nonviolent class 1, 2, or 3 misdemeanor or a class 1 or 2 petty offense upon the condition that the fine and any costs of collection are collected from the person incarcerated by the use of one of the methods set forth in subsection (1) of this section.

(3) For the purposes of this section, “nonviolent class 1, 2, or 3 misdemeanor” means a class 1, 2, or 3 misdemeanor that does not involve cruelty to an animal, as described in section 18-9-202(1)(a), or the use or threat of physical force on or to a person in the commission of the misdemeanor.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-507

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 5. Misdemeanor and Petty Offense Sentencing

§ 18-1.3-507. Community or useful public service--misdemeanors

(1) Any sentence imposed pursuant to section 18-1.3-501(2) shall be subject to the conditions and restrictions of this section.

(2)(a) A probation department, sentencing court, county sheriff, board of county commissioners, or any other governmental entity, or a private nonprofit or for-profit entity that has a contract with a governmental entity, may establish a community or useful public service program. It is the purpose of the community or useful public service program: To identify and seek the cooperation of governmental entities and political subdivisions thereof, as well as corporations, associations, or charitable trusts, for the purpose of providing community or useful public service jobs; to interview persons who have been ordered by the court to perform community or useful public service and to assign such persons to suitable community or useful public service jobs; and to monitor compliance or noncompliance of such persons in performing community or useful public service assignments within the time established by the court.

(b) Nothing in this subsection (2) shall limit the authority of an entity which is the recipient of community or useful public service to accept or reject such service, in its sole discretion.

(2.5) A charitable trust that is exempt from taxation under section 501(c)(3) of the federal “Internal Revenue Code of 1986”, as amended, shall be eligible to provide community or useful public service jobs established under this article or any other provision of law, so long as the charitable trust meets any other requirement related to the provision of such jobs.

(3) Any general public liability insurance policy obtained pursuant to this section shall provide coverage for injuries caused by a person performing services under this section and shall be in a sum of not less than the current limit on government liability under the “Colorado Governmental Immunity Act”, article 10 of title 24, C.R.S.

(4) For the purposes of the “Colorado Governmental Immunity Act”, article 10 of title 24, C.R.S., public employee, as defined in section 24-10-103, C.R.S., does not include any person who is sentenced to participate in any type of community or useful public service.

(5) No governmental entity or private nonprofit or for-profit entity which has a contract with a governmental entity shall be liable under the “Workers' Compensation Act of Colorado”, articles 40 to 47 of title 8, C.R.S., or under the “Colorado Employment Security Act”, articles 70 to 82 of title 8, C.R.S., for any benefits on account of any person who is sentenced to participate in any type of community or useful public service, but nothing in this subsection (5) shall prohibit a governmental entity or private nonprofit or for-profit entity from electing to accept the provisions of the “Workers' Compensation Act of Colorado” by purchasing and keeping in force a policy of workers' compensation insurance covering such person.

(6) The court shall assess an amount, not to exceed one hundred twenty dollars, upon every person required to perform community or useful public service pursuant to section 18-1.3-501(2). The court may waive this fee if the court determines the defendant to be indigent. Such amount shall be used by the operating agency responsible for overseeing such person's community or useful public service program to pay the cost of administration of the program and the cost of personal services. Such amount is to be commensurate with program costs in providing services and shall be adjusted from time to time by the general assembly to insure that the operating agencies shall be financially self-supporting. The proceeds from such amounts shall be used by the operating agency only for defraying the cost of personal services and other operating expenses related to the administration of the program, a general liability policy covering such person, and, if such person will be covered by workers' compensation insurance pursuant to subsection (5) of this section or an insurance policy providing such or similar coverage, the cost of purchasing and keeping in force such insurance coverage and shall not be used by the operating agency for any other purpose.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2004, Ch. 167, § 1, eff. Aug. 4, 2004.

C.R.S.A. § 18-1.3-508

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 5. Misdemeanor and Petty Offense Sentencing

§ 18-1.3-508. Definite sentence not void

If, through oversight or otherwise, any person is sentenced or committed to the custody of the executive director of the department of corrections for the commission of a misdemeanor for a definite period of time, the sentence or commitment shall not for that reason be void, but the person so sentenced or committed shall be subject to the liabilities and entitled to the benefits which are applicable to those persons who are properly sentenced.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-509

Effective: April 16, 2007

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 5. Misdemeanor and Petty Offense Sentencing

§ 18-1.3-509. Credit for time served on misdemeanor sentences

A person who is confined for a misdemeanor offense prior to the imposition of a sentence for the misdemeanor offense shall be entitled to credit against the term of his or her sentence for the entire period of the confinement. At the time of sentencing, the court shall make a finding of the amount of presentence confinement to which the offender is entitled and shall include the finding in the mittimus. The period of confinement shall be deducted from the offender's sentence by the county jail.

CREDIT(S)

Added by Laws 2007, Ch. 145, § 5, eff. April 16, 2007.

C.R.S.A. T. 18, Art. 1.3, Pt. 6, Refs & Annos

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 1.3. Sentencing in Criminal Cases

Part 6. Restitution

C.R.S.A. § 18-1.3-601

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 6. Restitution (Refs & Annos)

§ 18-1.3-601. Legislative declaration

(1) The general assembly finds and declares that:

(a) Crime victims endure undue suffering and hardship resulting from physical injury, emotional and psychological injury, or loss of property;

(b) Persons found guilty of causing such suffering and hardship should be under a moral and legal obligation to make full restitution to those harmed by their misconduct;

(c) The payment of restitution by criminal offenders to their victims is a mechanism for the rehabilitation of offenders;

(d) Restitution is recognized as a deterrent to future criminality;

(e) An effective criminal justice system requires timely restitution to victims of crime and to members of the immediate families of such victims in order to lessen the financial burdens inflicted upon them, to compensate them for their suffering and hardship, and to preserve the individual dignity of victims;

(f) Former procedures for restitution assessment, collection, and distribution have proven to be inadequate and inconsistent from case to case;

(g) The purposes of this part 6 are to facilitate:

(I) The establishment of programs and procedures to provide for and collect full restitution for victims of crime in the most expeditious manner; and

(II) The effective and timely assessment, collection, and distribution of restitution requires the cooperation and collaboration of all criminal justice agencies and departments.

(2) It is the intent of the general assembly that restitution be ordered, collected, and disbursed to the victims of crime and their immediate families. Such restitution will aid the offender in reintegration as a productive member of society. This part 6 shall be liberally construed to accomplish all such purposes.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-602

Effective: August 8, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 6. Restitution (Refs & Annos)

§ 18-1.3-602. Definitions

As used in this part 6, unless the context otherwise requires:

(1) “Collections investigator” means a person employed by the judicial department whose primary responsibility is to administer, enforce, and collect on court orders or judgments entered with respect to fines, fees, restitution, or any other accounts receivable of the court, judicial district, or judicial department.

(2) “Conviction” means a verdict of guilty by a judge or jury or a plea of guilty or nolo contendere that is accepted by the court for a felony, misdemeanor, petty offense, or traffic misdemeanor offense, or adjudication for an offense that would constitute a criminal offense if committed by an adult. “Conviction” also includes having received a deferred judgment and sentence or deferred adjudication; except that a person shall not be deemed to have been convicted if the person has successfully completed a deferred sentence or deferred adjudication.

(2.3) “Money advanced by a governmental agency for a service animal” means costs incurred by a peace officer, law enforcement agency, fire department, fire protection district, or governmental search and rescue agency for the veterinary treatment and disposal of a service animal that was harmed while aiding in official duties and for the training of an animal to become a service animal to replace a service animal that was harmed while aiding in official duties, as applicable.

(2.5) Repealed by Laws 2004, Ch. 255, § 27, eff. May 21, 2004.

(3)(a) “Restitution” means any pecuniary loss suffered by a victim and includes but is not limited to all out-of-pocket expenses, interest, loss of use of money, anticipated future expenses, rewards paid by victims, money advanced by law enforcement agencies, money advanced by a governmental agency for a service animal, adjustment expenses, and other losses or injuries proximately caused by an offender's conduct and that can be reasonably calculated and recompensed in money. “Restitution” does not include damages for physical or mental pain and suffering, loss of consortium, loss of enjoyment of life, loss of future earnings, or punitive damages.

(b) “Restitution” may also include extraordinary direct public and all private investigative costs.

(c)(I) “Restitution” shall also include all costs incurred by a government agency or private entity to:

(A) Remove, clean up, or remediate a place used to manufacture or attempt to manufacture a controlled substance or which contains a controlled substance or which contains chemicals, supplies, or equipment used or intended to be used in the manufacturing of a controlled substance;

(B) Store, preserve, or test evidence of a controlled substance violation; or

(C) Sell and provide for the care of and provision for an animal disposed of under the animal cruelty laws in accordance with part 2 of article 9 of this title or article 42 of title 35, C.R.S.

(II) Costs under this paragraph (c) shall include, but are not limited to, overtime wages for peace officers or other government employees, the operating expenses for any equipment utilized, and the costs of any property designed for one-time use, such as protective clothing.

(3.5) “Service animal” means any animal, the services of which are used to aid the performance of official duties by a peace officer, law enforcement agency, fire department, fire protection district, or governmental search and rescue agency.

(4)(a) “Victim” means any person aggrieved by the conduct of an offender and includes but is not limited to the following:

(I) Any person against whom any felony, misdemeanor, petty, or traffic misdemeanor offense has been perpetrated or attempted;

(II) Any person harmed by an offender's criminal conduct in the course of a scheme, conspiracy, or pattern of criminal activity;

(III) Any person who has suffered losses because of a contractual relationship with, including but not limited to an insurer, or because of liability under section 14-6-110, C.R.S., for a person described in subparagraph (I) or (II) of this paragraph (a);

(IV) Any victim compensation board that has paid a victim compensation claim;

(V) If any person described in subparagraph (I) or (II) of this paragraph (a) is deceased or incapacitated, the person's spouse, parent, legal guardian, natural or adopted child, child living with the victim, sibling, grandparent, significant other, as defined in section 24-4.1-302(4), C.R.S., or other lawful representative;

(VI) Any person who had to expend resources for the purposes described in subparagraph (I) of paragraph (c) of subsection (3) of this section.

(b) “Victim” shall not include a person who is accountable for the crime or a crime arising from the same conduct, criminal episode, or plan as defined under the law of this state or of the United States.

(c) Any “victim” under the age of eighteen is considered incapacitated, unless that person is legally emancipated or the court orders otherwise.

(d) It is the intent of the general assembly that this definition of the term “victim” shall apply to this part 6 and shall not be applied to any other provision of the laws of the state of Colorado that refers to the term “victim”.

(e) Notwithstanding any other provision of this section, “victim” includes a person less than eighteen years of age who has been trafficked by an offender, as described in section 18-3-502, or coerced into involuntary servitude, as described in section 18-3-503.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2003, Ch. 151, § 2, eff. Sept. 1, 2003; Laws 2004, Ch. 255, § 27, eff. May 21, 2004; Laws 2005, Ch. 46, § 1, eff. July 1, 2005; Laws 2005, Ch. 321, §§ 1, 2, eff. July 1, 2005; Laws 2006, Ch. 195, § 4, eff. Aug. 7, 2006; Laws 2012, Ch. 174, § 8, eff. Aug. 8, 2012.

C.R.S.A. § 18-1.3-603

Effective: March 15, 2013

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 6. Restitution (Refs & Annos)

§ 18-1.3-603. Assessment of restitution--corrective orders

(1) Every order of conviction of a felony, misdemeanor, petty, or traffic misdemeanor offense, except any order of conviction for a state traffic misdemeanor offense issued by a municipal or county court in which the prosecuting attorney is acting as a special deputy district attorney pursuant to an agreement with the district attorney's office, shall include consideration of restitution. Each such order shall include one or more of the following:

(a) An order of a specific amount of restitution be paid by the defendant;

(b) An order that the defendant is obligated to pay restitution, but that the specific amount of restitution shall be determined within the ninety-one days immediately following the order of conviction, unless good cause is shown for extending the time period by which the restitution amount shall be determined;

(c) An order, in addition to or in place of a specific amount of restitution, that the defendant pay restitution covering the actual costs of specific future treatment of any victim of the crime; or

(d) Contain a specific finding that no victim of the crime suffered a pecuniary loss and therefore no order for the payment of restitution is being entered.

(2) The court shall base its order for restitution upon information presented to the court by the prosecuting attorney, who shall compile such information through victim impact statements or other means to determine the amount of restitution and the identities of the victims. Further, the prosecuting attorney shall present this information to the court prior to the order of conviction or within ninety-one days, if it is not available prior to the order of conviction. The court may extend this date if it finds that there are extenuating circumstances affecting the prosecuting attorney's ability to determine restitution.

(3) Any order for restitution may be:

(a) Increased if additional victims or additional losses not known to the judge or the prosecutor at the time the order of restitution was entered are later discovered and the final amount of restitution due has not been set by the court; or

(b) Decreased:

(I) With the consent of the prosecuting attorney and the victim or victims to whom the restitution is owed; or

(II) If the defendant has otherwise compensated the victim or victims for the pecuniary losses suffered.

(4)(a) Any order for restitution entered pursuant to this section shall be a final civil judgment in favor of the state and any victim. Notwithstanding any other civil or criminal statute or rule, any such judgment shall remain in force until the restitution is paid in full.

(b) Any order for restitution made pursuant to this section shall also be deemed to order that:

(I) The defendant owes interest from the date of the entry of the order at the rate of twelve percent per annum; and

(II) The defendant owes all reasonable and necessary attorney fees and costs incurred in collecting such order due to the defendant's nonpayment.

(c) The entry of an order for restitution under this section creates a lien by operation of law against the defendant's personal property and any interest that the defendant may have in any personal property.

(d) Any order of restitution imposed shall be considered a debt for “willful and malicious” injury for purposes of exceptions to discharge in bankruptcy as provided in 11 U.S.C. sec. 523.

(5) If more than one defendant owes restitution to the same victim for the same pecuniary loss, the orders for restitution shall be joint and several obligations of the defendants.

(6) Any amount paid to a victim under an order of restitution shall be set off against any amount later recovered as compensatory damages by such victim in any federal or state civil proceeding.

(7) When a person's means of identification or financial information was used without that person's authorization in connection with a conviction for any crime in violation of part 2, 3, or 4 of article 4, part 1, 2, 3, or 7 of article 5, or article 5.5 of this title, the sentencing court may issue such orders as are necessary to correct a public record that contains false information resulting from any violation of such laws. In addition, the restitution order shall include any costs incurred by the victim related to section 16-5-103, C.R.S.

(8)(a) Notwithstanding the provisions of subsection (1) of this section, for a non-felony conviction under title 42, C.R.S., the court shall order restitution concerning only the portion of the victim's pecuniary loss for which the victim cannot be compensated under a policy of insurance, self- insurance, an indemnity agreement, or a risk management fund.

(b) The court, in determining the restitution amount, shall consider whether the defendant or the vehicle driven by the defendant at the time of the offense was covered by:

(I) A complying policy of insurance or certificate of self-insurance as required by the laws of this state;

(II) Self-insurance including but not limited to insurance coverage pursuant to the provisions of part 15 of article 30 of title 24, C.R.S.; or

(III) Any other insurance or indemnity agreement that would indemnify the defendant for any damages sustained by the victim.

(c)(I) Except as otherwise provided in this paragraph (c), a court may not award restitution to a victim concerning a pecuniary loss for which the victim has received or is entitled to receive benefits or reimbursement under a policy of insurance or other indemnity agreement.

(II)(A) A court may award a victim restitution for a deductible amount under his or her policy of insurance.

(B) Deleted by Laws 2004, Ch. 255, § 28, eff. May 21, 2004.

(d)(I) Deleted by Laws 2004, Ch. 255, § 28, eff. May 21, 2004.

(II) Nothing in this paragraph (d) shall prohibit a nonowner driver or passenger in the vehicle from being awarded restitution if the driver or passenger was not covered by his or her own medical payments coverage policy.

(e)(I) Notwithstanding any provision of law to the contrary, an insurance company, risk management fund, or public entity shall not be obligated to defend a defendant in a hearing concerning restitution. No court shall interpret an indemnity or insurance contract so as to obligate an insurance company, risk management fund, or public entity to defend a defendant at a restitution hearing absent a specific agreement.

(II) Notwithstanding any provision of law, indemnity contract, or insurance contract to the contrary, an insurance company, risk management fund, or public entity shall not be obligated to pay or otherwise satisfy a civil judgment entered pursuant to this part 6, or to indemnify a defendant for an amount awarded in a restitution order.

(f) Nothing in this article shall be construed to limit or abrogate the rights and immunities set forth in the “Colorado Governmental Immunity Act”, article 10 of title 24, C.R.S.

(g) The provisions of this subsection (8) shall not preclude the court, pursuant to article 4.1 of title 24, C.R.S., from ordering restitution to reimburse an expenditure made by a victim compensation fund.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2003, Ch. 151, § 1, eff. Sept. 1, 2003; Laws 2004, Ch. 255, § 28, eff. May 21, 2004; Laws 2012, Ch. 208, § 112, eff. July 1, 2012; Laws 2013, Ch. 43, § 2, eff. March 15, 2013.

C.R.S.A. T. 18, Art. 1.3, Pt. 7, Refs & Annos

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 1.3. Sentencing in Criminal Cases

Part 7. Fines and Costs

C.R.S.A. § 18-1.3-701

Effective: August 10, 2011

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 7. Fines and Costs (Refs & Annos)

§ 18-1.3-701. Judgment for costs and fines

(1)(a) Where any person, association, or corporation is convicted of an offense, or any juvenile is adjudicated a juvenile delinquent for the commission of an act that would have been a criminal offense if committed by an adult, the court shall give judgment in favor of the state of Colorado, the appropriate prosecuting attorney, or the appropriate law enforcement agency and against the offender or juvenile for the amount of the costs of prosecution, the amount of the cost of care, and any fine imposed. No fine shall be imposed for conviction of a felony except as provided in section 18-1.3-401 or 18-7-203(2)(a). Such judgments shall be enforceable in the same manner as are civil judgments, and, in addition, the provisions of section 16-11-101.6, C.R.S., and section 18-1.3-702 apply. A county clerk and recorder may not charge a fee for the recording of a transcript or satisfaction of a judgment entered pursuant to this section.

(b) Except as otherwise provided in paragraph (c) of this subsection (1), on and after July 1, 2010, all judgments collected pursuant to this section for fees and court costs shall be transmitted to the state treasurer for deposit in the judicial stabilization cash fund created in section 13-32-101(6), C.R.S.

(c) Judgments collected pursuant to this section for fees for interpreters or auxiliary services provided pursuant to section 13-90-204, C. R.S., and reimbursed pursuant to section 13-90-210, C.R.S., shall be remitted to the Colorado commission for the deaf and hard of hearing in the department of human services created in section 26-21-104, C.R.S.

(2) The costs assessed pursuant to subsection (1) of this section or section 16-18-101, C.R.S., may include:

(a) Any docket fee required by article 32 of title 13, C.R.S., or any other fee or tax required by statute to be paid to the clerk of the court;

(b) The jury fee required by section 13-71-144, C.R.S.;

(d) Any fees of the court reporter for all or any part of a transcript necessarily obtained for use in the case, including the fees provided for in section 16-18-101(2), C.R.S., and including the fees for a transcript of any preliminary hearing;

(d.5) The actual costs paid to any expert witness;

(e)(I) The witness fees and mileage paid pursuant to article 33 of title 13, C.R.S., and section 16-9-203, C.R.S.;

(II) For any person required to travel more than fifty miles from the person's place of residence to the place where specified in the subpoena, in addition to the witness fee and mileage specified in subparagraph (I) of this paragraph (e):

(A) Actual lodging expenses incurred; and

(B) Actual rental car, taxi, or other transportation costs incurred;

(e.5) If a person under eighteen years of age is required to appear, the amount that a parent or guardian of the person was paid for transportation and lodging expenses incurred while accompanying the person;

(f) Any fees for exemplification and copies of papers necessarily obtained for use in the case;

(g) Any costs of taking depositions for the perpetuation of testimony, including reporter's fees, witness fees, expert witness fees, mileage for witnesses, and sheriff fees for service of subpoenas;

(h) Any statutory fees for service of process or statutory fees for any required publications;

(h.5) Any fees for interpreters required during depositions or during trials;

(i) Any item specifically authorized by statute to be included as part of the costs;

(j) On proper motion of the prosecuting attorney and at the discretion of the court, any other reasonable and necessary costs incurred by the prosecuting attorney or law enforcement agency that are directly the result of the prosecution of the defendant, including the costs resulting from the collection and analysis of any chemical test upon the defendant pursuant to section 42-4-1301.1, C.R.S., which costs shall be reimbursed by the defendant directly to the law enforcement agency that performed such chemical tests;

(k) Any costs incurred in obtaining a governor's warrant pursuant to section 16-19-108, C.R.S.;

(l) Any costs incurred by the law enforcement agency in photocopying reports, developing film, and purchasing videotape as necessary for use in the case;

(m) Any costs of participation in a diversion program if the offender or juvenile unsuccessfully participated in a diversion program prior to the conviction or adjudication.

(3) Where any person, association, or corporation is granted probation, the court shall order the offender to make such payments toward the cost of care as are appropriate under the circumstances. In setting the amount of such payments, the court shall take into consideration and make allowances for any restitution ordered to the victim or victims of a crime, which shall take priority over any payments ordered pursuant to this article, and for the maintenance and support of the offender's spouse, dependent children, or other persons having a legal right to support and maintenance from the estate of the offender. If the court determines that the offender has a sufficient estate to pay all or part of the cost of care, the court shall determine the amount which shall be paid by the offender for the cost of care, which amount shall in no event be in excess of the per capita cost of supervising an offender on probation.

(4) Where any person is sentenced to a term of imprisonment, whether to a county jail or the department of corrections, the court shall order such person to make such payments toward the cost of care as are appropriate under the circumstances. In setting the amount of such payments, the court shall take into consideration and make allowances for any restitution ordered to the victim or victims of a crime, which shall take priority over any payments ordered pursuant to this article, and for the maintenance and support of the inmate's spouse, dependent children, or any other persons having a legal right to support and maintenance out of the offender's estate. The court shall also consider the financial needs of the offender for the six-month period immediately following the offender's release, for the purpose of allowing said offender to seek employment. If the court determines that the person has a sufficient estate to pay all or part of the cost of care, the court shall determine the amount which shall be paid by the offender, which amount in no event shall be in excess of the per capita cost of maintaining prisoners in the institution or facility in which the offender has been residing prior to sentencing for the purpose of reimbursing the appropriate law enforcement agency and the per capita cost of maintaining prisoners in the department of corrections for the purpose of paying the cost of care after sentencing.

(5) As used in this section, unless the context otherwise requires:

(a) “Cost of care” means the cost to the department or the local government charged with the custody of an offender for providing room, board, clothing, medical care, and other normal living expenses for an offender confined to a jail or correctional facility, or any costs associated with maintaining an offender in a home detention program contracted for by the department of public safety, as determined by the executive director of the department of corrections or the executive director of the department of public safety, whichever is appropriate, or the cost of supervision of probation when the offender is granted probation, or the cost of supervision of parole when the offender is placed on parole by the state board of parole, as determined by the court.

(b) “Estate” means any tangible or intangible properties, real or personal, belonging to or due to an offender, including income or payments to such person received or earned prior to or during incarceration from salary or wages, bonuses, annuities, pensions, or retirement benefits, or any source whatsoever except federal benefits of any kind. Real property that is held in joint ownership or ownership in common with an offender's spouse, while being used and occupied by the spouse as a place of residence, shall not be considered a part of the estate of the offender for the purposes of this section.

(6) After the set-offs for restitution and for maintenance and support as provided in subsection (4) of this section, any amounts recovered pursuant to this section that are available to reimburse the costs of providing medical care shall be used to reimburse the state for the state's financial participation for medical assistance if medical care is provided for the inmate or an infant of a female inmate under the “Colorado Medical Assistance Act”, articles 4, 5, and 6 of title 25.5, C.R.S.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2003, Ch. 255, § 1, eff. Aug. 6, 2003; Laws 2006, Ch. 238, § 11, eff. May 25, 2006; Laws 2006, Ch. 355, § 61, eff. July 1, 2006; Laws 2007, Ch. 355, § 29, eff. May 31, 2007; Laws 2008, Ch. 417, § 21, eff. June 4, 2008; Laws 2011, Ch. 257, § 6, eff. Aug. 10, 2011.

C.R.S.A. § 18-1.3-702

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 7. Fines and Costs (Refs & Annos)

§ 18-1.3-702. Fines--methods of payment

(1) When the court imposes a fine upon an individual, the court may direct as follows:

(a) That the defendant pay the entire amount of the fine at the time sentence is pronounced;

(b) That the defendant pay the entire amount of the fine at some later date;

(c) That the defendant pay a specified portion of the fine at designated periodic intervals, and in such case the court may also direct that the fine be remitted to a designated official who shall report to the court on any failure to comply with the order;

(d) Where the defendant is sentenced to a period of probation as well as a fine, that payment of the fine be a condition of probation.

(2) Where the court imposes a fine, the sentence shall provide that, except in the case of a corporation, if the defendant fails to pay the fine in accordance with the direction of the court, the defendant shall be imprisoned until the fine is satisfied or the defendant is released as provided in subsections (3) and (6) of this section. This provision shall be added at the time sentence is pronounced. If the defendant fails to pay a fine as directed, the court may issue a warrant for his or her arrest.

(3) When the court directs that the defendant be imprisoned until the fine is satisfied, the court shall specify a maximum period of imprisonment subject to the following limits:

(a) Where the fine was imposed for a felony, the period shall not exceed one year;

(b) Where the fine was imposed for a misdemeanor, the period shall not exceed one-third of the maximum term of imprisonment authorized for the misdemeanor;

(c) Where the fine was imposed for a petty offense, a traffic violation, or a violation of a municipal ordinance, any of which is punishable by a possible jail sentence, the period shall not exceed fifteen days;

(c.5) There shall be no imprisonment in those cases where no imprisonment is provided for in the possible sentence; and

(d) Where a sentence of imprisonment as well as a fine was imposed, the aggregate of the period and the term of the sentence shall not exceed the maximum term of imprisonment authorized for the offense.

(4) Where the defendant is unable to pay a fine imposed by the court, the defendant may at any time apply to the court for resentence. If the court is satisfied that the defendant is unable to pay the fine, the court shall:

(a) Adjust the terms of payment; or

(b) Lower the amount of the fine; or

(c) Where the sentence consists of probation or imprisonment and a fine, revoke the portion of the sentence imposing the fine; or

(d) Revoke the entire sentence imposed and resentence the defendant. Upon a resentence, the court may impose any sentence it originally could have imposed; except that the amount of any fine imposed shall not be in excess of the amount the defendant is able to pay.

(5) Notwithstanding that the defendant was imprisoned for failure to pay a fine or that he or she has served the period of imprisonment imposed, a fine may be collected in the same manner as a judgment in a civil action. The district attorney may, in his or her discretion, and shall, upon order of the court, institute proceedings to collect such fine.

(6) If it satisfactorily appears to the district court of the judicial district in which a person is confined that such person is confined in jail or in a correctional facility or other place of confinement, for any fine or costs of prosecution for any criminal offense, including any violation of a municipal ordinance, and has no estate whatever with which to pay such fine and costs, or costs only, it is the duty of the court to discharge such person from further imprisonment for the fine and costs. Nothing in this subsection (6) shall authorize any person to be discharged from imprisonment before the expiration of the time for which he or she may be sentenced to be imprisoned as part of his or her punishment. The court shall hear without delay any application made under this subsection (6).

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-801

Effective: May 17, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 8. Special Proceedings--Sentencing of Habitual Criminals

§ 18-1.3-801. Punishment for habitual criminals

(1)(a) A person shall be adjudged an habitual criminal and shall be punished by a term in the department of corrections of life imprisonment if the person:

(I) Is convicted of:

(A) Any class 1 or 2 felony; or

(B) Any class 3 felony that is a crime of violence, as defined in section 18-1.3-406(2); and

(II) Has been twice convicted previously for any of the offenses described in subparagraph (I) of this paragraph (a).

(b) A felony described in subparagraph (I) of paragraph (a) of this subsection (1) is:

(I) One based upon charges separately brought and tried, and arising out of separate and distinct criminal episodes, in this or any other state; or

(II) A crime under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States, which, if committed within this state, would be such a felony described in paragraph (a) of this subsection (1).

(c) No person sentenced pursuant to this subsection (1) shall be eligible for parole until such person has served at least forty calendar years.

(d) Nothing in this subsection (1) prohibits the governor from issuing a pardon or a clemency order on a case-by-case basis; however, the governor shall submit a report to the general assembly on each such pardon or clemency order in accordance with section 7 of article IV of the state constitution.

(e) Nothing in this subsection (1) is to be construed to prohibit a person convicted of a class 1 felony from being sentenced pursuant to section 18-1.3-1201, 18-1.3-1302, or 18-1.4-102.

(f) This subsection (1) shall not apply to a person convicted of first or second degree burglary, which person shall be subject to subsections (1.5), (2), and (2.5) of this section and section 18-1.3-804.

(1.5) Except as otherwise provided in subsection (5) of this section, every person convicted in this state of any class 1, 2, 3, 4, or 5 felony who, within ten years of the date of the commission of the said offense, has been twice previously convicted upon charges separately brought and tried, and arising out of separate and distinct criminal episodes, either in this state or elsewhere, of a felony or, under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States, of a crime which, if committed within this state, would be a felony shall be adjudged an habitual criminal and shall be punished for the felony offense of which such person is convicted by imprisonment in the department of corrections for a term of three times the maximum of the presumptive range pursuant to section 18-1.3-401 for the class of felony of which such person is convicted.

(2)(a) Except as otherwise provided in paragraph (b) of this subsection (2) and in subsection (5) of this section, every person convicted in this state of any felony, who has been three times previously convicted, upon charges separately brought and tried, and arising out of separate and distinct criminal episodes, either in this state or elsewhere, of a felony or, under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States, of a crime which, if committed within this state, would be a felony, shall be adjudged an habitual criminal and shall be punished for the felony offense of which such person is convicted by imprisonment in the department of corrections for a term of four times the maximum of the presumptive range pursuant to section 18-1.3-401 for the class of felony of which such person is convicted. Such former conviction or convictions and judgment or judgments shall be set forth in apt words in the indictment or information. Nothing in this part 8 shall abrogate or affect the punishment by death in any and all crimes punishable by death on or after July 1, 1972.

(b) The provisions of paragraph (a) of this subsection (2) shall not apply to a conviction for a class 6 felony pursuant to section 18-18-403.5(2)(a)(I) or (2)(b)(I), or a conviction for a class 6 felony for attempt or conspiracy to commit unlawful possession of a controlled substance, as described in section 18-18-403.5(2)(a)(I) or (2)(b)(I), even if the person has been previously convicted of three or more qualifying felony convictions.

(2.5) Any person who is convicted and sentenced pursuant to subsection (2) of this section, or section 16-13-101(2), C.R.S., as it existed prior to October 1, 2002, who is thereafter convicted of a felony which is a crime of violence pursuant to section 18-1.3-406, shall be adjudged an habitual criminal and shall be punished by a term in the department of corrections of life imprisonment. No person sentenced pursuant to this subsection (2.5) shall be eligible for parole until such person has served at least forty calendar years.

(3) No drug law conviction shall be counted as a prior felony conviction under this section unless such prior offense would be a felony if committed in this state at the time of the commission of the new offense.

(4) A person who meets the criteria set forth in subsection (1) of this section shall be adjudged an habitual criminal and sentenced only in accordance with that subsection and not pursuant to subsections (1.5), (2), and (2.5) of this section.

(5) A conviction for escape, as described in section 18-8-208(1), (2), or (3), or attempt to escape, as described in section 18-8-208.1(1), (1.5), or (2), shall not be used for the purpose of adjudicating a person an habitual criminal as described in subsection (1.5) or subsection (2) of this section unless the conviction is based on the offender's escape or attempt to escape from a correctional facility, as defined in section 17-1-102, C.R.S., or from physical custody within a county jail.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2002, 3rd Ex.Sess., Ch. 1, § 28, eff. July 12, 2002; Laws 2003, Ch. 134, § 16, eff. April 17, 2003; Laws 2003, Ch. 199, § 5, eff. April 29, 2003; Laws 2011, Ch. 57, § 1, eff. March 25, 2011; Laws 2012, Ch. 183, § 1, eff. May 17, 2012.

C.R.S.A. § 18-1.3-802

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 8. Special Proceedings--Sentencing of Habitual Criminals

§ 18-1.3-802. Evidence of former convictions--identity

On any trial under the provisions of this section and sections 18-1.3-801 and 18-1.3-803, a duly authenticated copy of the record of former convictions and judgments of any court of record for any of said crimes against the party indicted or informed against shall be prima facie evidence of such convictions and may be used in evidence against such party. Identification photographs and fingerprints that are part of the record of such former convictions and judgments, or are part of the records kept at the place of such party's incarceration or by any custodian authorized by the executive director of the department of corrections after sentencing for any of such former convictions and judgments, shall be prima facie evidence of the identity of such party and may be used in evidence against him or her.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-803

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 8. Special Proceedings--Sentencing of Habitual Criminals

§ 18-1.3-803. Verdict of jury

(1) If the allegation of previous convictions of other felony offenses is included in an indictment or information and if a verdict of guilty of the substantive offense with which the defendant is charged is returned, the court shall conduct a separate sentencing hearing to determine whether or not the defendant has suffered such previous felony convictions. As soon as practicable, the hearing shall be conducted by the judge who presided at trial or before whom the guilty plea was entered or a replacement for said judge in the event he or she dies, resigns, is incapacitated, or is otherwise disqualified as provided in section 16-6-201, C.R.S.

(2) An information or indictment seeking the increased penalties authorized by section 18-1.3-801 shall identify by separate counts each alleged former conviction and shall allege that the defendant on a date and at a place specified was convicted of a specific felony. If any such conviction was had outside this state, the information or indictment shall allege that the offense, if committed in this state, would be a felony.

(3) Upon arraignment of the defendant, such defendant shall be required to admit or deny that such defendant has been previously convicted of the crimes identified in the information or indictment. If the defendant refuses to admit or deny the previous convictions, such refusal shall be treated as a denial by such defendant that the defendant has been convicted as alleged. If the defendant admits to having been convicted as alleged in any count charging a previous conviction, no proof of such previous conviction is required. Such admission shall constitute conclusive proof in determining whether the defendant has been previously convicted of an alleged felony and the court shall sentence the defendant in accordance with section 18-1.3-801.

(4) If the defendant denies that he or she has been previously convicted as alleged in any count of an information or indictment, the trial judge, or a replacement judge as provided in subsection (1) of this section, shall determine by separate hearing and verdict whether the defendant has been convicted as alleged. The procedure in any case in which the defendant does not become a witness in his or her own behalf upon the trial of the substantive offense shall be as follows:

(a) The jury shall render a verdict upon the issue of the defendant's guilt or innocence of the substantive offense charged;

(b) If the verdict is that the defendant is guilty of the substantive offense charged, the trial judge, or a replacement judge as provided in subsection (1) of this section, shall proceed to try the issues of whether the defendant has been previously convicted as alleged. The prosecuting attorney has the burden of proving beyond a reasonable doubt that the defendant has been previously convicted as alleged.

(5)(a) If, upon the trial of the issues upon the substantive offense charged, the defendant testifies in his or her own defense and denies that he or she has been previously convicted as alleged, the prosecuting attorney on rebuttal, may present all evidence relevant to the issues of previous convictions for the sole purpose of impeachment of the defendant's credibility, subject to the rules governing admission of evidence at criminal trials.

(b) If, upon the trial of the issues upon the substantive offense charged, the defendant testifies in his or her own defense and, after having denied the previous conviction under subsection (3) of this section, admits that he or she has been previously convicted as alleged, the trial judge, or a replacement judge as provided in subsection (1) of this section, shall, in any sentencing hearing, consider any admissions of prior convictions elicited from the defendant in connection with his or her testimony on the substantive offense only as they affect the defendant's credibility. In any sentencing hearing, the prosecution shall be required to meet its burden of proving beyond a reasonable doubt the defendant's prior convictions by evidence independent of the defendant's testimony.

(6) If the prosecuting attorney does not have any information indicating that the defendant has been previously convicted of a felony prior to the time a verdict of guilty is rendered on a felony charge and if thereafter the prosecuting attorney learns of the felony conviction prior to the time that sentence is pronounced by the court, he or she may file a new information in which it shall be alleged in separate counts that the defendant has been convicted of the particular offense upon which judgment has not been entered and that prior thereto at a specified date and place the defendant has been convicted of a felony warranting application of increased penalties authorized in this section and sections 18-1.3-801 and 18-1.3-802. The defendant shall be arraigned upon the new information, and, if the defendant denies the previous conviction, the trial judge, or a replacement judge as provided in subsection (1) of this section, shall try the issue prior to imposition of sentence.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-804

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 8. Special Proceedings--Sentencing of Habitual Criminals

§ 18-1.3-804. Habitual burglary offenders--punishment--legislative declaration

(1) Every person convicted in this state of first degree burglary, first degree burglary of controlled substances, or second degree burglary of a dwelling who, within ten years of the date of the commission of the said offense, has been previously convicted upon charges separately brought and tried, either in this state or elsewhere, of first degree burglary, first degree burglary of drugs or first degree burglary of controlled substances, or second degree burglary of a dwelling or, under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States, of a felony which, if committed within this state, would be first degree burglary, first degree burglary of drugs or first degree burglary of controlled substances, or second degree burglary of a dwelling shall be adjudged a habitual burglary offender and shall be sentenced to the department of corrections for a term of incarceration greater than the maximum in the presumptive range, but not more than twice the maximum term, provided for such offense in section 18-1.3-401(1)(a).

(2) Every person convicted in this state of first degree burglary, first degree burglary of controlled substances, or second degree burglary of a dwelling who has been previously convicted of two or more felonies shall be subject to the applicable provisions of section 18-1.3-801.

(3) Such former conviction or convictions and judgment or judgments shall be set forth in apt words in the indictment or information.

(4) In no case shall any person who is subject to the provisions of this section be eligible for suspension of sentence or probation.

(5) Insofar as they may be applicable, sections 18-1.3-802 and 18-1.3-803 shall govern trials which are held as a result of the provisions of this section.

(6) The general assembly hereby finds and declares that the frequency of incidence of the crime of burglary, together with particularly high rates of recidivism among burglary offenders and the extensive economic impact which results from the crime of burglary, requires the special classification and punishment of habitual burglary offenders as provided in this section.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Laws 2003, Ch. 199, § 6, eff. April 29, 2003.

C.R.S.A. T. 18, Art. 1.3, Pt. 9, Refs & Annos

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 1.3. Sentencing in Criminal Cases

Part 9. Sentencing of Sex Offenders

C.R.S.A. § 18-1.3-901

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 9. Sentencing of Sex Offenders (Refs & Annos)

§ 18-1.3-901. Short title

This part 9 shall be known and may be cited as the “Colorado Sex Offenders Act of 1968”.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-902

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 9. Sentencing of Sex Offenders (Refs & Annos)

§ 18-1.3-902. Applicability of part

The provisions of this part 9 shall apply to persons sentenced for offenses committed prior to November 1, 1998.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-903

Effective: August 5, 2008

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 9. Sentencing of Sex Offenders (Refs & Annos)

§ 18-1.3-903. Definitions

As used in this part 9, unless the context otherwise requires:

(1) “Board” means the state board of parole.

(2) “Conviction” means conviction after trial by court or jury or acceptance of a plea of guilty.

(3) “Department” means the department of corrections.

(4) “Sex offender” means a person convicted of a sex offense.

(5) “Sex offense” means sexual assault, except misdemeanor sexual assault in the third degree, as set forth in section 18-3-404(2), as it existed prior to July 1, 2000; sexual assault on a child, as defined in section 18-3-405; aggravated incest, as defined in section 18-6-302; and an attempt to commit any of the offenses mentioned in this subsection (5).

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002; Laws 2008, Ch. 392, § 56, eff. Aug. 5, 2008.

C.R.S.A. § 18-1.3-904

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 9. Sentencing of Sex Offenders (Refs & Annos)

§ 18-1.3-904. Indeterminate commitment

The district court having jurisdiction may, subject to the requirements of this part 9, in lieu of the sentence otherwise provided by law, commit a sex offender to the custody of the department for an indeterminate term having a minimum of one day and a maximum of his or her natural life.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-905

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 9. Sentencing of Sex Offenders (Refs & Annos)

§ 18-1.3-905. Requirements before acceptance of a plea of guilty

Before the district court may accept a plea of guilty from any person charged with a sex offense, the court shall, in addition to any other requirement of law, advise the defendant that he or she may be committed to the custody of the department, including any penal institution under the jurisdiction of the department, as provided in section 18-1.3-904.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-906

Effective: July 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 9. Sentencing of Sex Offenders (Refs & Annos)

§ 18-1.3-906. Commencement of proceedings

Within twenty-one days after the conviction of a sex offense, upon the motion of the district attorney, the defendant, or the court, the court shall commence proceedings under this part 9 by ordering the district attorney to prepare a notice of the commencement of proceedings and to serve that notice upon the defendant personally.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2012, Ch. 208, § 113, eff. July 1, 2012.

C.R.S.A. § 18-1.3-907

Effective: July 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 9. Sentencing of Sex Offenders (Refs & Annos)

§ 18-1.3-907. Defendant to be advised of rights

(1) Upon the commencement of proceedings, the court shall advise the defendant, orally and in writing, that:

(a) The defendant is to be examined in accordance with the provisions of section 18-1.3-908;

(b) The defendant has a right to counsel, and, if the defendant is indigent, counsel will be appointed to represent him or her;

(d) An evidentiary hearing will be held pursuant to section 18-1.3-911 and the defendant and his or her counsel will be furnished with copies of all reports prepared for the court pursuant to sections 18-1.3-908 and 18-1.3-909 at least fourteen days prior to the evidentiary hearing.

(2) The written advisement of rights may be incorporated into the notice of commencement of proceedings.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2012, Ch. 208, § 114, eff. July 1, 2012.

C.R.S.A. § 18-1.3-908

Effective: July 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 9. Sentencing of Sex Offenders (Refs & Annos)

§ 18-1.3-908. Psychiatric examination and report

(1)(a) After advising the defendant of his or her rights, the court shall forthwith commit the defendant to the Colorado mental health institute at Pueblo, the university of Colorado psychiatric hospital, or the county jail.

(b) If committed to the Colorado mental health institute at Pueblo or the university of Colorado psychiatric hospital, the defendant shall be examined by two psychiatrists of the receiving institution.

(2)(a) The examining psychiatrists shall make independent written reports to the court which shall contain the opinion of the psychiatrist as to whether the defendant, if at large, constitutes a threat of bodily harm to members of the public.

(b) The written reports shall also contain opinions concerning:

(I) Whether the defendant is mentally deficient;

(II) Whether the defendant could benefit from psychiatric treatment; and

(III) Whether the defendant could be adequately supervised on probation.

(3) The examinations shall be made and the reports filed with the court and the probation department within sixty-three days after the commencement of proceedings, and this time may not be enlarged by the court.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2012, Ch. 208, § 115, eff. July 1, 2012.

C.R.S.A. § 18-1.3-909

Effective: July 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 9. Sentencing of Sex Offenders (Refs & Annos)

§ 18-1.3-909. Report of probation department

(1) Upon the commencement of proceedings under this part 9, the court shall order an investigation and report to be made by the probation officer similar to the presentence report provided for in section 16-11-102, C.R.S.

(2) The report shall be filed with the court within seventy-seven days after the commencement of proceedings, and this time may not be enlarged by the court.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2012, Ch. 208, § 116, eff. July 1, 2012.

C.R.S.A. § 18-1.3-910

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 9. Sentencing of Sex Offenders (Refs & Annos)

§ 18-1.3-910. Termination of proceedings

After reviewing the reports of the psychiatrists and the probation officer, the court may terminate proceedings under this part 9 and proceed with sentencing as otherwise provided by law.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-911

Effective: July 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 9. Sentencing of Sex Offenders (Refs & Annos)

§ 18-1.3-911. Evidentiary hearing

(1)(a) The court shall set a hearing date at least fourteen days and no more than twenty-eight days after service upon the defendant and his or her counsel of the reports required by sections 18-1.3-908 and 18-1.3-909.

(b) The court may, in its discretion, upon the motion of the defendant, continue the hearing an additional twenty-one days.

(2)(a) The court shall, upon motion of the district attorney or the defendant, subpoena all witnesses required by the moving party in accordance with the Colorado rules of criminal procedure.

(b) The district attorney shall serve upon the defendant and his or her counsel a list of all witnesses to be called by the district attorney at least fourteen days before the evidentiary hearing.

(3) In the evidentiary hearing, the court shall receive evidence bearing on the issue of whether the defendant, if at large, constitutes a threat of bodily harm to members of the public.

(4) In the evidentiary hearing, the following procedure shall govern:

(a) The district attorney may call and examine witnesses, and the defendant shall be allowed to cross-examine those witnesses.

(b) The defendant may call and examine witnesses, and the district attorney shall be allowed to cross-examine those witnesses.

(c) The defendant may call and cross-examine as adverse witnesses the psychiatrists and probation officers who have filed reports pursuant to sections 18-1.3-908 and 18-1.3-909.

(5) The reports of the psychiatrists and probation officers filed with the court pursuant to sections 18-1.3-908 and 18-1.3-909 may be received into evidence.

(6) Except as otherwise provided in this section, the laws of this state concerning evidence in criminal trials shall govern in the evidentiary hearing.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2012, Ch. 208, § 117, eff. July 1, 2012.

C.R.S.A. § 18-1.3-912

Effective: July 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 9. Sentencing of Sex Offenders (Refs & Annos)

§ 18-1.3-912. Findings of fact and conclusions of law

(1) After the evidentiary hearing, the court shall, within seven days, make oral or written findings of fact and conclusions of law.

(2) If the court finds beyond a reasonable doubt that the defendant, if at large, constitutes a threat of bodily harm to members of the public, the court shall commit the defendant pursuant to section 18-1.3-904.

(3) If the court does not find as provided in subsection (2) of this section, it shall terminate proceedings under this part 9 and proceed with sentencing as otherwise provided by law.

(4) If the findings and conclusions are oral, they shall be reduced to writing and filed within fourteen days, and the defendant shall not be committed to the custody of the department pursuant to section 18-1.3-904 until the findings and conclusions are filed.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2012, Ch. 208, § 118, eff. July 1, 2012.

C.R.S.A. § 18-1.3-913

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 9. Sentencing of Sex Offenders (Refs & Annos)

§ 18-1.3-913. Appeal

The defendant may appeal an adverse finding made pursuant to section 18-1.3-912 in the same manner as is provided by law for other criminal appeals.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-914

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 9. Sentencing of Sex Offenders (Refs & Annos)

§ 18-1.3-914. Time allowed on sentence

If the proceedings under this part 9 are terminated by the court, as provided in section 18-1.3-910 or 18-1.3-912(3), the court shall deduct the time from the commencement of proceedings to the termination of proceedings from the minimum sentence of the defendant.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-915

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 9. Sentencing of Sex Offenders (Refs & Annos)

§ 18-1.3-915. Costs

The costs of the maintenance of the prisoner during the pendency of proceedings under this part 9 and the costs of the psychiatric examinations and reports shall be paid by the state of Colorado.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-916

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 9. Sentencing of Sex Offenders (Refs & Annos)

§ 18-1.3-916. Diagnostic center as receiving center

The diagnostic center, as defined in section 17-40-101(1.5), C.R.S., shall be the receiving center for all persons committed pursuant to section 18-1.3-904.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. T. 18, Art. 1.3, Pt. 10, Refs & Annos

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 1.3. Sentencing in Criminal Cases

Part 10. Lifetime Supervision of Sex Offenders

C.R.S.A. § 18-1.3-1001

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 10. Lifetime Supervision of Sex Offenders (Refs & Annos)

§ 18-1.3-1001. Legislative declaration

The general assembly hereby finds that the majority of persons who commit sex offenses, if incarcerated or supervised without treatment, will continue to present a danger to the public when released from incarceration and supervision. The general assembly also finds that keeping all sex offenders in lifetime incarceration imposes an unacceptably high cost in both state dollars and loss of human potential. The general assembly further finds that some sex offenders respond well to treatment and can function as safe, responsible, and contributing members of society, so long as they receive treatment and supervision. The general assembly therefore declares that a program under which sex offenders may receive treatment and supervision for the rest of their lives, if necessary, is necessary for the safety, health, and welfare of the state.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-1002

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 10. Lifetime Supervision of Sex Offenders (Refs & Annos)

§ 18-1.3-1002. Short title

This part 10 shall be known and may be cited as the “Colorado Sex Offender Lifetime Supervision Act of 1998”.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-1003

Effective: June 7, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 10. Lifetime Supervision of Sex Offenders (Refs & Annos)

§ 18-1.3-1003. Definitions

As used in this part 10, unless the context otherwise requires:

(1) “Department” means the department of corrections.

(2) “Management board” means the sex offender management board created in section 16-11.7-103, C.R.S.

(3) “Parole board” means the state board of parole created in section 17-2-201, C.R.S.

(4) “Sex offender” means a person who is convicted of or pleads guilty or nolo contendere to a sex offense.

(5)(a) “Sex offense” means any of the following offenses:

(I)(A) Sexual assault, as described in section 18-3-402; or

(B) Sexual assault in the first degree, as described in section 18-3-402 as it existed prior to July 1, 2000;

(II) Sexual assault in the second degree, as described in section 18-3-403 as it existed prior to July 1, 2000;

(III)(A) Felony unlawful sexual contact, as described in section 18-3-404(2); or

(B) Felony sexual assault in the third degree, as described in section 18-3-404(2) as it existed prior to July 1, 2000;

(IV) Sexual assault on a child, as described in section 18-3-405;

(V) Sexual assault on a child by one in a position of trust, as described in section 18-3-405.3;

(VI) Aggravated sexual assault on a client by a psychotherapist, as described in section 18-3-405.5(1);

(VII) Enticement of a child, as described in section 18-3-305;

(VIII) Incest, as described in section 18-6-301;

(IX) Aggravated incest, as described in section 18-6-302;

(X) Patronizing a prostituted child, as described in section 18-7-406;

(XI) Class 4 felony internet luring of a child, in violation of section 18-3-306 (3); or

(XII) Internet sexual exploitation of a child, in violation of section 18-3-405.4.

(b) “Sex offense” also includes criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in paragraph (a) of this subsection (5) if such criminal attempt, conspiracy, or solicitation would constitute a class 2, 3, or 4 felony.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2005, Ch. 217, § 26, eff. June 1, 2005; Laws 2006, Ch. 362, § 3, eff. July 1, 2006; Laws 2012, Ch. 268, § 23, eff. June 7, 2012.

C.R.S.A. § 18-1.3-1004

Effective: June 7, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 10. Lifetime Supervision of Sex Offenders (Refs & Annos)

§ 18-1.3-1004. Indeterminate sentence

(1)(a) Except as otherwise provided in this subsection (1) and in subsection (2) of this section, the district court having jurisdiction shall sentence a sex offender to the custody of the department for an indeterminate term of at least the minimum of the presumptive range specified in section 18-1.3-401 for the level of offense committed and a maximum of the sex offender's natural life.

(b) If the sex offender committed a sex offense that constitutes a crime of violence, as defined in section 18-1.3-406, the district court shall sentence the sex offender to the custody of the department for an indeterminate term of at least the midpoint in the presumptive range for the level of offense committed and a maximum of the sex offender's natural life.

(c) If the sex offender committed a sex offense that makes him or her eligible for sentencing as an habitual sex offender against children pursuant to section 18-3-412, the district court shall sentence the sex offender to the custody of the department for an indeterminate term of at least three times the upper limit of the presumptive range for the level of offense committed and a maximum of the sex offender's natural life.

(d) If the sex offender committed a sex offense that constitutes a sexual offense, as defined in section 18-3-415.5, and the sex offender, prior to committing the offense, had notice that he or she had tested positive for the human immunodeficiency virus (HIV) that causes acquired immune deficiency syndrome, the district court shall sentence the sex offender to the custody of the department for an indeterminate term of at least three times the upper limit of the presumptive range for the level of offense committed and a maximum of the sex offender's natural life.

(2)(a) The district court having jurisdiction, based on consideration of the evaluation conducted pursuant to section 16-11.7-104, C.R.S., and the factors specified in section 18-1.3-203, may sentence a sex offender to probation for an indeterminate period of at least ten years for a class 4 felony or twenty years for a class 2 or 3 felony and a maximum of the sex offender's natural life; except that, if the sex offender committed a sex offense that constitutes a crime of violence, as defined in section 18-1.3-406, or committed a sex offense that makes him or her eligible for sentencing as a habitual sex offender against children pursuant to section 18-3-412, the court shall sentence the sex offender to the department of corrections as provided in subsection (1) of this section. For any sex offender sentenced to probation pursuant to this subsection (2), the court shall order that the sex offender, as a condition of probation, participate in an intensive supervision probation program established pursuant to section 18-1.3-1007, until further order of the court.

(b) The court, as a condition of probation, may sentence a sex offender to a residential community corrections program pursuant to section 18-1.3-301 for a minimum period specified by the court. Following completion of the minimum period, the sex offender may be released to intensive supervision probation as provided in section 18-1.3-1008(1.5).

(3) Each sex offender sentenced pursuant to this section shall be required as a part of the sentence to undergo treatment to the extent appropriate pursuant to section 16-11.7-105, C.R.S.

(4) Repealed by Laws 2012, Ch. 268, § 14, eff. June 7, 2012.

(5)(a) Any sex offender sentenced pursuant to subsection (1) of this section and convicted of one or more additional crimes arising out of the same incident as the sex offense shall be sentenced for the sex offense and such other crimes so that the sentences are served consecutively rather than concurrently.

(b)(I) Except as otherwise provided in subparagraph (II) of this paragraph (b), if a sex offender sentenced pursuant to this part 10 is convicted of a subsequent crime prior to being discharged from parole pursuant to section 18-1.3-1006 or discharged from probation pursuant to section 18-1.3-1008, any sentence imposed for the second crime shall not supersede the sex offender's sentence pursuant to the provisions of this part 10. If the sex offender commits the subsequent crime while he or she is on parole or probation and the sex offender receives a sentence to the department of corrections for the subsequent crime, the sex offender's parole or probation shall be deemed revoked pursuant to section 18-1.3-1010, and the sex offender shall continue to be subject to the provisions of this part 10.

(II) The provisions of subparagraph (I) of this paragraph (b) shall not apply if the sex offender commits a subsequent crime that is a class 1 felony.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002; Laws 2006, Ch. 359, § 3, eff. July 1, 2006. Amended by Laws 2010, Ch. 156, § 8, eff. April 21, 2010; Laws 2012, Ch. 268, §§ 14, 24, eff. June 7, 2012.

C.R.S.A. § 18-1.3-1005

Effective: June 7, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 10. Lifetime Supervision of Sex Offenders (Refs & Annos)

§ 18-1.3-1005. Parole--intensive supervision program

(1) The department shall establish an intensive supervision parole program for sex offenders sentenced to incarceration and subsequently released on parole pursuant to this part 10. In addition, the parole board may require a person, as a condition of parole, to participate in the intensive supervision parole program established pursuant to this section if the person is convicted of:

(a) Indecent exposure, as described in section 18-7-302;

(b) Criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in section 18-1.3-1003(5)(a), which attempt, conspiracy, or solicitation would constitute a class 5 felony; or

(c) Any of the offenses specified in section 16-22-102(9)(j), (9)(k), (9)(l), (9)(n), (9)(o), (9)(p), (9)(q), (9)(r), or (9)(s), C.R.S.

(1.5) In addition to the persons specified in subsection (1) of this section, the parole board shall require, as a condition of parole, any person convicted of felony failure to register as a sex offender, as described in section 18-3-412.5, who is sentenced to incarceration and subsequently released on parole, to participate in the intensive supervision parole program established pursuant to this section.

(2) The department shall require that sex offenders and any other persons in the intensive supervision parole program established pursuant to this section receive the highest level of supervision that is provided to parolees. The intensive supervision parole program may include, but is not limited to, severely restricted activities, daily contact between the sex offender or other person and the community parole officer, monitored curfew, home visitation, employment visitation and monitoring, drug and alcohol screening, treatment referrals and monitoring, including physiological monitoring, and payment of restitution. In addition, the intensive supervision parole program shall be designed to minimize the risk to the public to the greatest extent possible.

(3) The executive director of the department shall establish and enforce standards and criteria for administration of the intensive supervision parole program created pursuant to this section.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2008, Ch. 187, § 13, eff. April 25, 2008; Laws 2012, Ch. 268, § 25, eff. June 7, 2012.

C.R.S.A. § 18-1.3-1006

Effective: April 25, 2008

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 10. Lifetime Supervision of Sex Offenders (Refs & Annos)

§ 18-1.3-1006. Release from incarceration--parole--conditions

(1)(a) On completion of the minimum period of incarceration specified in a sex offender's indeterminate sentence, less any earned time credited to the sex offender pursuant to section 17-22.5-405, C.R.S., the parole board shall schedule a hearing to determine whether the sex offender may be released on parole. In determining whether to release the sex offender on parole, the parole board shall determine whether the sex offender has successfully progressed in treatment and would not pose an undue threat to the community if released under appropriate treatment and monitoring requirements and whether there is a strong and reasonable probability that the person will not thereafter violate the law. The department shall make recommendations to the parole board concerning whether the sex offender should be released on parole and the level of treatment and monitoring that should be imposed as a condition of parole. The recommendation shall be based on the criteria established by the management board pursuant to section 18-1.3-1009.

(b) If a sex offender is released on parole pursuant to this section, the sex offender's sentence to incarceration shall continue and shall not be deemed discharged until such time as the parole board may discharge the sex offender from parole pursuant to subsection (3) of this section. The period of parole for any sex offender convicted of a class 4 felony shall be an indeterminate term of at least ten years and a maximum of the remainder of the sex offender's natural life. The period of parole for any sex offender convicted of a class 2 or 3 felony shall be an indeterminate term of at least twenty years and a maximum of the remainder of the sex offender's natural life.

(c) If the parole board does not release the sex offender on parole pursuant to paragraph (a) of this subsection (1), the parole board shall review such denial at least once every three years until it determines that the sex offender meets the criteria for release on parole specified in paragraph (a) of this subsection (1). At each review, the department shall make recommendations, based on the criteria established by the management board pursuant to section 18-1.3-1009, concerning whether the sex offender should be released on parole.

(2)(a) As a condition of release on parole pursuant to this section, a sex offender shall participate in the intensive supervision parole program created by the department pursuant to section 18-1.3-1005. Participation in the intensive supervision parole program shall continue until the sex offender can demonstrate that he or she has successfully progressed in treatment and would not pose an undue threat to the community if paroled to a lower level of supervision, at which time the sex offender's community parole officer may petition the parole board for a reduction in the sex offender's level of supervision. The sex offender's community parole officer and treatment provider shall make recommendations to the parole board concerning whether the sex offender has met the requirements specified in this subsection (2) such that the level of parole supervision should be reduced. The recommendations shall be based on the criteria established by the management board pursuant to section 18-1.3-1009.

(b) Following reduction in a sex offender's level of parole supervision pursuant to paragraph (a) of this subsection (2), the sex offender's community parole officer may return the sex offender to the intensive supervision parole program if the community parole officer determines that an increased level of supervision is necessary to protect the public safety. The community parole officer shall notify the parole board as soon as possible after returning the sex offender to the intensive supervision parole program. To subsequently reduce the sex offender's level of supervision, the community parole officer may petition the parole board as provided in paragraph (a) of this subsection (2).

(3)(a) On completion of twenty years on parole for any sex offender convicted of a class 2 or 3 felony or on completion of ten years of parole for any sex offender convicted of a class 4 felony, the parole board shall schedule a hearing to determine whether the sex offender may be discharged from parole. In determining whether to discharge the sex offender from parole, the parole board shall determine whether the sex offender has successfully progressed in treatment and would not pose an undue threat to the community if allowed to live in the community without treatment or supervision. The sex offender's community parole officer and treatment provider shall make recommendations to the parole board concerning whether the sex offender has met the requirements specified in this subsection (3) such that the sex offender should be discharged from parole. The recommendations shall be based on the criteria established by the management board pursuant to section 18-1.3-1009.

(b) If the parole board does not discharge the sex offender from parole pursuant to paragraph (a) of this subsection (3), the parole board shall review such denial at least once every three years until it determines that the sex offender meets the criteria for discharge specified in paragraph (a) of this subsection (3). At each review, the sex offender's community parole officer and treatment provider shall make recommendations, based on the criteria established by the management board pursuant to section 18-1.3-1009, concerning whether the sex offender should be discharged.

(4) In determining whether to release a sex offender on parole, reduce the level of supervision, or discharge a sex offender from parole pursuant to this section, the parole board shall consider the recommendations of the department and the sex offender's community parole officer and treatment provider. If the parole board chooses not to follow the recommendations made, it shall make findings on the record in support of its decision.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2003, Ch. 134, § 11, eff. April 17, 2003; Laws 2008, Ch. 187, § 14, eff. April 25, 2008.

C.R.S.A. § 18-1.3-1007

Effective: June 7, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 10. Lifetime Supervision of Sex Offenders (Refs & Annos)

§ 18-1.3-1007. Probation--intensive supervision program

(1)(a) The judicial department shall establish an intensive supervision probation program for sex offenders sentenced to probation pursuant to this part 10. In addition, the court shall require a person, as a condition of probation, to participate in the intensive supervision probation program established pursuant to this section if the person is convicted of one of the following offenses and sentenced to probation:

(I) Indecent exposure, as described in section 18-7-302(4);

(II) Criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in section 18-1.3-1003(5)(a), which attempt, conspiracy, or solicitation would constitute a class 5 felony;

(III) Any of the offenses specified in section 16-22-102(9)(j), (9)(k), (9)(l), (9)(n), (9)(o), (9)(p), (9)(q), (9)(r), or (9)(s), C.R.S.;

(IV) Any felony offense that involves unlawful sexual behavior or any felony offense with an underlying factual basis, as determined by the court, resulting in a conviction or plea of guilty or nolo contendere on or after July 1, 2001;

(V) Sexual assault in the third degree, in violation of section 18-3-404(2), as it existed prior to July 1, 2000.

(b) The judicial department may establish the intensive supervision probation program in any judicial district or combination of judicial districts.

(1.5) In addition to the persons specified in subsection (1) of this section, the court may require any person convicted of felony failure to register as a sex offender, as described in section 18-3-412.5, and sentenced to probation to participate, as a condition of probation and until further order of the court, in the intensive supervision probation program established pursuant to this section.

(2) The judicial department shall require that sex offenders and any other persons participating in the intensive supervision probation program created pursuant to this section receive the highest level of supervision that is provided to probationers. The intensive supervision probation program may include but not be limited to severely restricted activities, daily contact between the sex offender or other person and the probation officer, monitored curfew, home visitation, employment visitation and monitoring, drug and alcohol screening, treatment referrals and monitoring, including physiological monitoring, and payment of restitution. In addition, the intensive supervision probation program shall be designed to minimize the risk to the public to the greatest extent possible.

(3) The judicial department shall establish and enforce standards and criteria for administration of the intensive supervision probation program created pursuant to this section.

(4) For the purposes of this section, “convicted” means having entered a plea of guilty, including a plea of guilty entered pursuant to a deferred sentence under section 18-1.3-102, or a plea of no contest, accepted by the court, or having received a verdict of guilty by a judge or jury.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2011, Ch. 224, § 9, eff. May 27, 2011; Laws 2012, Ch. 268, § 26, eff. June 7, 2012.

C.R.S.A. § 18-1.3-1008

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 10. Lifetime Supervision of Sex Offenders (Refs & Annos)

§ 18-1.3-1008. Probation--conditions--release

(1) If the court sentences a sex offender to probation, in addition to any conditions imposed pursuant to section 18-1.3-204, the court shall require as a condition of probation that the sex offender participate until further order of the court in the intensive supervision probation program created pursuant to section 18-1.3-1007.

(1.5) If the court as a condition of probation sentences a sex offender to a residential community corrections program, following completion of the minimum period of sentence specified by the court, the community corrections program shall notify the judicial department when it determines that the sex offender has successfully progressed in treatment and would not pose an undue threat to the community if allowed to live in the community while continuing on intensive supervision probation. The community corrections program shall base its determination on the criteria established by the management board pursuant to section 18-1.3-1009. The judicial department shall file the recommendations of the community corrections program with the court. Upon order of the court, the sex offender shall be released from the community corrections program, and the court shall order the sex offender, as a condition of probation, to participate in the intensive supervision program created in section 18-1.3-1007. The sex offender shall participate in such program until further order of the court.

(2) On completion of twenty years of probation for any sex offender convicted of a class 2 or 3 felony or on completion of ten years of probation for any sex offender convicted of a class 4 felony, the court shall schedule a review hearing to determine whether the sex offender should be discharged from probation. In making its determination, the court shall determine whether the sex offender has successfully progressed in treatment and would not pose an undue threat to the community if allowed to live in the community without treatment or supervision. The sex offender's probation officer and treatment provider shall make recommendations to the court concerning whether the sex offender has met the requirements of this section such that he or she should be discharged from probation.

(3)(a) In determining whether to discharge a sex offender from probation pursuant to this section, the court shall consider the recommendations of the sex offender's probation officer and treatment provider. The recommendations of the probation officer and the treatment provider shall be based on the criteria established by the management board pursuant to section 18-1.3-1009. If the court chooses not to follow the recommendations made, the court shall make findings on the record in support of its decision.

(b) If the court does not discharge the sex offender from probation pursuant to paragraph (a) of this subsection (3), the court shall review such denial at least once every three years until it determines that the sex offender meets the criteria for discharge as specified in paragraph (a) of this subsection (3). At each review, the sex offender's probation officer and treatment provider shall make recommendations, based on the criteria established by the management board pursuant to section 18-1.3-1009, concerning whether the sex offender should be discharged.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-1009

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 10. Lifetime Supervision of Sex Offenders (Refs & Annos)

§ 18-1.3-1009. Criteria for release from incarceration, reduction in supervision, and discharge

(1) On or before July 1, 1999, the management board, in collaboration with the department of corrections, the judicial department, and the parole board, shall establish:

(a) The criteria by and the manner in which a sex offender may demonstrate that he or she would not pose an undue threat to the community if released on parole or to a lower level of supervision while on parole or probation or if discharged from parole or probation. The court and the parole board may use the criteria to assist in making decisions concerning release of a sex offender, reduction of the level of supervision for a sex offender, and discharge of a sex offender.

(b) The methods of determining whether a sex offender has successfully progressed in treatment; and

(c) Standards for community entities that provide supervision and treatment specifically designed for sex offenders who have developmental disabilities. At a minimum, the standards shall determine whether an entity would provide adequate support and supervision to minimize any threat that the sex offender may pose to the community.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-1010

Effective: April 25, 2008

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 10. Lifetime Supervision of Sex Offenders (Refs & Annos)

§ 18-1.3-1010. Arrest of parolee or probationer--revocation

(1)(a) A sex offender paroled pursuant to section 18-1.3-1006 is subject to arrest and revocation of parole as provided in sections 17-2-103 and 17-2-103.5, C.R.S. At any revocation proceeding, the sex offender's community parole officer and the treatment provider shall submit written recommendations concerning the level of treatment and monitoring that should be imposed as a condition of parole if parole is not revoked or whether the sex offender poses a sufficient threat to the community that parole should be revoked. The recommendations shall be based on the criteria established by the management board pursuant to section 18-1.3-1009. If the parole board revokes the sex offender's parole, the sex offender shall continue to be subject to the provisions of this part 10.

(b) At a revocation hearing held pursuant to this subsection (1), the parole board shall consider the recommendations of the community parole officer and the treatment provider, in addition to evidence concerning any of the grounds for revocation of parole specified in sections 17-2-103 and 17-2-103.5, C.R.S. If the parole board chooses not to follow the recommendations made, it shall make findings on the record in support of its decision.

(2)(a) A sex offender sentenced to probation pursuant to section 18-1.3-1004(2) is subject to arrest and revocation of probation as provided in sections 16-11-205 and 16-11-206, C.R.S. At any revocation proceeding, the sex offender's probation officer and the sex offender's treatment provider shall submit recommendations concerning the level of treatment and monitoring that should be imposed as a condition of probation if probation is not revoked or whether the sex offender poses a sufficient threat to the community that probation should be revoked. The recommendations shall be based on the criteria established by the management board pursuant to section 18-1.3-1009. If the court revokes the sex offender's probation, the court shall sentence the sex offender as provided in section 18-1.3-1004, and the sex offender shall be subject to the provisions of this part 10.

(b) At a revocation hearing held pursuant to this subsection (2), the court shall consider the recommendations of the probation officer and the treatment provider, in addition to evidence concerning any of the grounds for revocation of probation specified in sections 16-11-205 and 16-11-206, C.R.S. If the court chooses not to follow the recommendations made, it shall make findings on the record in support of its decision.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002; Laws 2008, Ch. 187, § 15, eff. April 25, 2008.

C.R.S.A. § 18-1.3-1011

Effective: June 22, 2007

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 10. Lifetime Supervision of Sex Offenders (Refs & Annos)

§ 18-1.3-1011. Annual report

(1) On or before November 1, 2000, and on or before each November 1 thereafter, the department of corrections, the department of public safety, and the judicial department shall submit a report to the judiciary committees of the house of representatives and the senate, or any successor committees, and to the joint budget committee of the general assembly specifying, at a minimum:

(a) The impact on the prison population, the parole population, and the probation population in the state due to the extended length of incarceration and supervision provided for in sections 18-1.3-1004, 18-1.3-1006, and 18-1.3-1008;

(b) The number of offenders placed in the intensive supervision parole program and the intensive supervision probation program and the length of supervision of offenders in said programs;

(c) The number of sex offenders sentenced pursuant to this part 10 who received parole release hearings and the number released on parole during the preceding twelve months, if any;

(d) The number of sex offenders sentenced pursuant to this part 10 who received parole or probation discharge hearings and the number discharged from parole or probation during the preceding twelve months, if any;

(e) The number of sex offenders sentenced pursuant to this part 10 who received parole or probation revocation hearings and the number whose parole or probation was revoked during the preceding twelve months, if any;

(f) A summary of the evaluation instruments developed by the management board and use of the evaluation instruments in evaluating sex offenders pursuant to this part 10;

(g) The availability of sex offender treatment providers throughout the state, including location of the treatment providers, the services provided, and the amount paid by offenders and by the state for the services provided, and the manner of regulation and review of the services provided by sex offender treatment providers;

(h) The average number of sex offenders sentenced pursuant to this part 10 that participated in phase I and phase II of the department's sex offender treatment and monitoring program during each month of the preceding twelve months;

(i) The number of sex offenders sentenced pursuant to this part 10 who were denied admission to treatment in phase I and phase II of the department's sex offender treatment and monitoring program for reasons other than length of remaining sentence during each month of the preceding twelve months;

(j) The number of sex offenders sentenced pursuant to this part 10 who were terminated from phase I and phase II of the department's sex offender treatment and monitoring program during the preceding twelve months and the reason for termination in each case;

(k) The average length of participation by sex offenders sentenced pursuant to this part 10 in phase I and phase II of the department's sex offender treatment and monitoring program during the preceding twelve months;

(l) The number of sex offenders sentenced pursuant to this part 10 who were denied readmission to phase I and phase II of the department's sex offender treatment and monitoring program after having previously been terminated from the program during the preceding twelve months;

(m) The number of sex offenders sentenced pursuant to this part 10 who were recommended by the department's sex offender treatment and monitoring program to the parole board for release on parole during the preceding twelve months and whether the recommendation was followed in each case; and

(n) The number of sex offenders sentenced pursuant to this part 10 who were recommended by the department's sex offender treatment and monitoring program for placement in community corrections during the preceding twelve months and whether the recommendation was followed in each case.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2007, Ch. 357, § 1, eff. May 31, 2007.

C.R.S.A. § 18-1.3-1012

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 10. Lifetime Supervision of Sex Offenders (Refs & Annos)

§ 18-1.3-1012. Applicability of part

The provisions of this part 10 shall apply to any person who commits a sex offense on or after November 1, 1998.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-1101

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 11. Special Proceedings--Pretrial Motions in Class 1 Felony Cases Alleging That a Defendant is a Mentally Retarded Defendant

§ 18-1.3-1101. Definitions

As used in this part 11:

(1) “Defendant” means any person charged with a class 1 felony.

(2) “Mentally retarded defendant” means any defendant with significantly subaverage general intellectual functioning existing concurrently with substantial deficits in adaptive behavior and manifested and documented during the developmental period. The requirement for documentation may be excused by the court upon a finding that extraordinary circumstances exist.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-1102

Effective: July 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 11. Special Proceedings--Pretrial Motions in Class 1 Felony Cases Alleging That a Defendant is a Mentally Retarded Defendant

§ 18-1.3-1102. Pretrial motion by defendant in class 1 felony case--determination whether defendant is mentally retarded--procedure

(1) Any defendant may file a motion with the trial court in which the defendant may allege that such defendant is a mentally retarded defendant. Such motion shall be filed at least ninety-one days prior to trial.

(2) The court shall hold a hearing upon any motion filed pursuant to subsection (1) of this section and shall make a determination regarding such motion no later than fourteen days prior to trial. At such hearing, the defendant shall be permitted to present evidence with regard to such motion and the prosecution shall be permitted to offer evidence in rebuttal. The defendant shall have the burden of proof to show by clear and convincing evidence that such defendant is mentally retarded.

(3) The court shall enter specific findings of fact and conclusions of law regarding whether or not the defendant is a mentally retarded defendant as defined in section 18-1.3-1101.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2012, Ch. 208, § 119, eff. July 1, 2012.

C.R.S.A. § 18-1.3-1103

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 11. Special Proceedings--Pretrial Motions in Class 1 Felony Cases Alleging That a Defendant is a Mentally Retarded Defendant

§ 18-1.3-1103. Mentally retarded defendant--death penalty not imposed thereon

A sentence of death shall not be imposed upon any defendant who is determined to be a mentally retarded defendant pursuant to section 18-1.3-1102. If any person who is determined to be a mentally retarded defendant is found guilty of a class 1 felony, such defendant shall be sentenced to life imprisonment.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-1104

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 11. Special Proceedings--Pretrial Motions in Class 1 Felony Cases Alleging That a Defendant is a Mentally Retarded Defendant

§ 18-1.3-1104. Evaluation and report

(1) When the defendant files a motion alleging that the defendant is a mentally retarded defendant, the court shall order one or more evaluations of the defendant with regard to such motion.

(2) In ordering an evaluation of the defendant pursuant to subsection (1) of this section, the court shall specify the place where the evaluation is to be conducted and the period of time allocated for the evaluation. In determining the place where the evaluation is to be conducted, the court shall give priority to the place where the defendant is in custody, unless the nature and circumstances of the evaluation requires designation of a different location. The court shall direct one or more psychologists who are recommended by the executive director of the department of human services pursuant to section 27-10.5-139, C.R.S., or his or her designee, to evaluate the defendant. For good cause shown, upon motion of the prosecution or the defendant or upon the court's own motion, the court may order such further or other evaluation as it deems necessary. Nothing in this section shall abridge the right of the defendant to procure an evaluation as provided in section 18-1.3-1105.

(3) The defendant shall have a privilege against self-incrimination that may be invoked prior to or during the course of an evaluation under this section. A defendant's failure to cooperate with the evaluators or other personnel conducting the evaluation may be admissible in the defendant's mental retardation hearing.

(4) To aid in the formation of an opinion as to mental retardation, it is permissible in the course of an evaluation under this section to use statements of the defendant and any other evidence, including but not limited to the circumstances surrounding the commission of the offense as well as the medical and social history of the defendant, in evaluating the defendant.

(5) A written report of the evaluation shall be prepared in triplicate and delivered to the appropriate clerk of the court. The clerk shall furnish a copy of the report to both the prosecuting attorney and the counsel for the defendant.

(6) The report of evaluation shall include, but is not limited to:

(a) The name of each expert who evaluated the defendant;

(b) A description of the nature, content, extent, and results of the evaluation and any tests conducted; and

(7) Nothing in this section shall be construed to preclude the application of section 16-8-109, C.R.S.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-1105

Effective: July 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 11. Special Proceedings--Pretrial Motions in Class 1 Felony Cases Alleging That a Defendant is a Mentally Retarded Defendant

§ 18-1.3-1105. Evaluation at insistence of defendant

(1) If the defendant wishes to be evaluated by an expert in mental retardation of the defendant's choice in connection with the mental retardation hearing under this part 11, the court, upon timely motion, shall order that the evaluator chosen by the defendant be given reasonable opportunity to conduct the evaluation.

(2) Whenever an expert is endorsed as a witness by the defendant, a copy of any report of an evaluation of the defendant shall be furnished to the prosecution within a reasonable time but not less than thirty-five days prior to the mental retardation hearing.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2012, Ch. 208, § 120, eff. July 1, 2012.

C.R.S.A. § 18-1.3-1201

Effective: July 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 12. Special Proceedings-Sentencing in Class 1 Felonies

§ 18-1.3-1201. Imposition of sentence in class 1 felonies--appellate review

(1)(a) Upon conviction of guilt of a defendant of a class 1 felony, the trial court shall conduct a separate sentencing hearing to determine whether the defendant should be sentenced to death or life imprisonment, unless the defendant was under the age of eighteen years at the time of the commission of the offense or unless the defendant has been determined to be a mentally retarded defendant pursuant to part 11 of this article, in either of which cases, the defendant shall be sentenced to life imprisonment. The hearing shall be conducted by the trial judge before the trial jury as soon as practicable. Alternate jurors shall not be excused from the case prior to submission of the issue of guilt to the trial jury and shall remain separately sequestered until a verdict is entered by the trial jury. If the verdict of the trial jury is that the defendant is guilty of a class 1 felony, the alternate jurors shall sit as alternate jurors on the issue of punishment. If, for any reason satisfactory to the court, any member or members of the trial jury are excused from participation in the sentencing hearing, the trial judge shall replace each juror or jurors with an alternate juror or jurors. If a trial jury was waived or if the defendant pled guilty, the hearing shall be conducted before the trial judge. The court shall instruct the defendant when waiving his or her right to a jury trial or when pleading guilty, that he or she is also waiving his or her right to a jury determination of the sentence at the sentencing hearing.

(a.5) Deleted by Laws 2002, 3rd Ex.Sess., Ch. 1, § 2, eff. July 12, 2002.

(a.7) Deleted by Laws 2002, 3rd Ex.Sess., Ch. 1, § 2, eff. July 12, 2002.

(b) All admissible evidence presented by either the prosecuting attorney or the defendant that the court deems relevant to the nature of the crime, and the character, background, and history of the defendant, including any evidence presented in the guilt phase of the trial, any matters relating to any of the aggravating or mitigating factors enumerated in subsections (4) and (5) of this section, and any matters relating to the personal characteristics of the victim and the impact of the crimes on the victim's family may be presented. Any such evidence, including but not limited to the testimony of members of the victim's immediate family, as defined in section 24-4.1-302(6), C.R.S., which the court deems to have probative value may be received, as long as each party is given an opportunity to rebut such evidence. The prosecuting attorney and the defendant or the defendant's counsel shall be permitted to present arguments for or against a sentence of death. The jury shall be instructed that life imprisonment means imprisonment for life without the possibility of parole.

(d) The burden of proof as to the aggravating factors enumerated in subsection (5) of this section shall be beyond a reasonable doubt. There shall be no burden of proof as to proving or disproving mitigating factors.

(2)(a) After hearing all the evidence and arguments of the prosecuting attorney and the defendant, the jury shall deliberate and render a verdict based upon the following considerations:

(I) Whether at least one aggravating factor has been proved as enumerated in subsection (5) of this section;

(II) Whether sufficient mitigating factors exist which outweigh any aggravating factor or factors found to exist; and

(III) Based on the considerations in subparagraphs (I) and (II) of this paragraph (a), whether the defendant should be sentenced to death or life imprisonment.

(b)(I) In the event that no aggravating factors are found to exist as enumerated in subsection (5) of this section, the jury shall render a verdict of life imprisonment, and the court shall sentence the defendant to life imprisonment.

(II) The jury shall not render a verdict of death unless it unanimously finds and specifies in writing that:

(A) At least one aggravating factor has been proved; and

(B) There are insufficient mitigating factors to outweigh the aggravating factor or factors that were proved.

(c) In the event that the jury's verdict is to sentence to death, such verdict shall be unanimous and shall be binding upon the court unless the court determines, and sets forth in writing the basis and reasons for such determination, that the verdict of the jury is clearly erroneous as contrary to the weight of the evidence, in which case the court shall sentence the defendant to life imprisonment.

(d) If the jury's verdict is not unanimous, the jury shall be discharged, and the court shall sentence the defendant to life imprisonment.

(2.5) In all cases where the sentencing hearing is held before the court alone, the court shall determine whether the defendant should be sentenced to death or life imprisonment in the same manner in which a jury determines its verdict under paragraphs (a) and (b) of subsection (2) of this section. The sentence of the court shall be supported by specific written findings of fact based upon the circumstances as set forth in subsections (4) and (5) of this section and upon the records of the trial and sentencing hearing.

(3)(a) The provisions of this subsection (3) shall apply only in a class 1 felony case in which the prosecuting attorney has filed a statement of intent to seek the death penalty pursuant to rule 32.1(b) of the Colorado rules of criminal procedure.

(b) The prosecuting attorney shall provide the defendant with the following information and materials not later than twenty-one days after the prosecution files its written intention to seek the death penalty or within such other time frame as the supreme court may establish by rule; except that any reports, recorded statements, and notes, including results of physical or mental examinations and scientific tests, experiments, or comparisons, of any expert whom the prosecuting attorney intends to call as a witness at the sentencing hearing shall be provided to the defense as soon as practicable but not later than sixty-three days before trial:

(I) A list of all aggravating factors that are known to the prosecuting attorney at that time and that the prosecuting attorney intends to prove at the sentencing hearing;

(II) A list of all witnesses whom the prosecuting attorney may call at the sentencing hearing, specifying for each the witness' name, address, and date of birth and the subject matter of the witness' testimony;

(III) The written and recorded statements, including any notes of those statements, for each witness whom the prosecuting attorney may call at the sentencing hearing;

(IV) Deleted by Laws 2002, 3rd Ex.Sess., Ch. 1, § 2, eff. July 12, 2002.

(V) A list of books, papers, documents, photographs, or tangible objects that the prosecuting attorney may introduce at the sentencing hearing; and

(VI) All material or information that tends to mitigate or negate the finding of any of the aggravating factors the prosecuting attorney intends to prove at the sentencing hearing.

(b.5) Upon receipt of the information required to be disclosed by the defendant pursuant to paragraph (c) of this subsection (3), the prosecuting attorney shall notify the defendant as soon as practicable of any additional witnesses whom the prosecuting attorney intends to call in response to the defendant's disclosures.

(c) The defendant shall provide the prosecuting attorney with the following information and materials no later than thirty-five days before the first trial date set for the beginning of the defendant's trial or within such other time frame as the supreme court may establish by rule; however, any reports, recorded statements, and notes, including results of physical or mental examinations and scientific tests, experiments, or comparisons, of any expert whom the defense intends to call as a witness at the sentencing hearing shall be provided to the prosecuting attorney as soon as practicable but not later than thirty-five days before trial:

(I) A list of all witnesses whom the defendant may call at the sentencing hearing, specifying for each the witness' name, address, and date of birth and the subject matter of the witness' testimony;

(II) The written and recorded statements, including any notes of those statements, of each witness whom the defendant may call at the sentencing hearing; and

(III) Deleted By Laws 2002, 3rd Ex.Sess., Ch. 1, § 2, eff. July 12, 2002.

(IV) A list of books, papers, documents, photographs, or tangible objects that the defendant may introduce at the sentencing hearing.

(c.5)(I) Any material subject to this subsection (3) that the defendant believes contains information that is privileged to the extent that the prosecution cannot be aware of it in connection with its preparation for, or conduct of, the trial to determine guilt on the substantive charges against the defendant shall be submitted by the defendant to the trial judge under seal no later than forty-nine days before trial.

(II) The trial judge shall review any such material submitted under seal pursuant to subparagraph (I) of this paragraph (c.5) to determine whether it is in fact privileged. Any material the trial judge finds not to be privileged shall be provided forthwith to the prosecuting attorney. Any material submitted under seal that the trial judge finds to be privileged shall be provided forthwith to the prosecution if the defendant is convicted of a class 1 felony.

(d)(I) Except as otherwise provided in subparagraph (II) of this paragraph (d), if the witnesses disclosed by the defendant pursuant to paragraph (c) of this subsection (3) include witnesses who may provide evidence concerning the defendant's mental condition at the sentencing hearing conducted pursuant to this section, the trial court, at the request of the prosecuting attorney, shall order that the defendant be examined and a report of said examination be prepared pursuant to section 16-8-106, C.R.S.

(II) The court shall not order an examination pursuant to subparagraph (I) of this paragraph (d) if:

(A) Such an examination was previously performed and a report was prepared in the same case; and

(B) The report included an opinion concerning how any mental disease or defect of the defendant or condition of mind caused by mental disease or defect of the defendant affects the mitigating factors that the defendant may raise at the sentencing hearing held pursuant to this section.

(e) If the witnesses disclosed by the defendant pursuant to paragraph (c) of this subsection (3) include witnesses who may provide evidence concerning the defendant's mental condition at a sentencing hearing conducted pursuant to this section, the provisions of section 16-8-109, C.R.S., concerning testimony of lay witnesses shall apply to said sentencing hearing.

(f) There is a continuing duty on the part of the prosecuting attorney and the defendant to disclose the information and materials specified in this subsection (3). If, after complying with the duty to disclose the information and materials described in this subsection (3), either party discovers or obtains any additional information and materials that are subject to disclosure under this subsection (3), the party shall promptly notify the other party and provide the other party with complete access to the information and materials.

(g) The trial court, upon a showing of extraordinary circumstances that could not have been foreseen and prevented, may grant an extension of time to comply with the requirements of this subsection (3).

(h) If it is brought to the attention of the court that either the prosecuting attorney or the defendant has failed to comply with the provisions of this subsection (3) or with an order issued pursuant to this subsection (3), the court may enter any order against such party that the court deems just under the circumstances, including but not limited to an order to permit the discovery or inspection of information and materials not previously disclosed, to grant a continuance, to prohibit the offending party from introducing the information and materials not disclosed, or to impose sanctions against the offending party.

(4) For purposes of this section, mitigating factors shall be the following factors:

(a) The age of the defendant at the time of the crime; or

(b) The defendant's capacity to appreciate wrongfulness of the defendant's conduct or to conform the defendant's conduct to the requirements of law was significantly impaired, but not so impaired as to constitute a defense to prosecution; or

(c) The defendant was under unusual and substantial duress, although not such duress as to constitute a defense to prosecution; or

(d) The defendant was a principal in the offense which was committed by another, but the defendant's participation was relatively minor, although not so minor as to constitute a defense to prosecution; or

(e) The defendant could not reasonably have foreseen that the defendant's conduct in the course of the commission of the offense for which the defendant was convicted would cause, or would create a grave risk of causing, death to another person; or

(f) The emotional state of the defendant at the time the crime was committed; or

(g) The absence of any significant prior conviction; or

(h) The extent of the defendant's cooperation with law enforcement officers or agencies and with the office of the prosecuting district attorney; or

(i) The influence of drugs or alcohol; or

(j) The good faith, although mistaken, belief by the defendant that circumstances existed which constituted a moral justification for the defendant's conduct; or

(k) The defendant is not a continuing threat to society; or

(l) Any other evidence which in the court's opinion bears on the question of mitigation.

(5) For purposes of this section, aggravating factors shall be the following factors:

(a) The class 1 felony was committed by a person under sentence of imprisonment for a class 1, 2, or 3 felony as defined by Colorado law or United States law, or for a crime committed against another state or the United States which would constitute a class 1, 2, or 3 felony as defined by Colorado law; or

(b) The defendant was previously convicted in this state of a class 1 or 2 felony involving violence as specified in section 18-1.3-406, or was previously convicted by another state or the United States of an offense which would constitute a class 1 or 2 felony involving violence as defined by Colorado law in section 18-1.3-406; or

(c) The defendant intentionally killed any of the following persons while such person was engaged in the course of the performance of such person's official duties, and the defendant knew or reasonably should have known that such victim was such a person engaged in the performance of such person's official duties, or the victim was intentionally killed in retaliation for the performance of the victim's official duties:

(I) A peace officer or former peace officer as described in section 16-2.5-101, C.R.S.; or

(II) A firefighter as defined in section 24-33.5-1202(4), C.R.S.; or

(III) A judge, referee, or former judge or referee of any court of record in the state or federal system or in any other state court system or a judge or former judge in any municipal court in this state or in any other state. For purposes of this subparagraph (III), the term “referee” shall include a hearing officer or any other officer who exercises judicial functions.

(IV) An elected state, county, or municipal official; or

(V) A federal law enforcement officer or agent or former federal law enforcement officer or agent; or

(d) The defendant intentionally killed a person kidnapped or being held as a hostage by the defendant or by anyone associated with the defendant; or

(e) The defendant has been a party to an agreement to kill another person in furtherance of which a person has been intentionally killed; or

(f) The defendant committed the offense while lying in wait, from ambush, or by use of an explosive or incendiary device or a chemical, biological, or radiological weapon. As used in this paragraph (f), “explosive or incendiary device” means:

(I) Dynamite and all other forms of high explosives; or

(II) Any explosive bomb, grenade, missile, or similar device; or

(III) Any incendiary bomb or grenade, fire bomb, or similar device, including any device which consists of or includes a breakable container including a flammable liquid or compound, and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound, and can be carried or thrown by one individual acting alone.

(g) The defendant committed a class 1, 2, or 3 felony and, in the course of or in furtherance of such or immediate flight therefrom, the defendant intentionally caused the death of a person other than one of the participants; or

(h) The class 1 felony was committed for pecuniary gain; or

(i) In the commission of the offense, the defendant knowingly created a grave risk of death to another person in addition to the victim of the offense; or

(j) The defendant committed the offense in an especially heinous, cruel, or depraved manner; or

(k) The class 1 felony was committed for the purpose of avoiding or preventing a lawful arrest or prosecution or effecting an escape from custody. This factor shall include the intentional killing of a witness to a criminal offense.

(l) The defendant unlawfully and intentionally, knowingly, or with universal malice manifesting extreme indifference to the value of human life generally, killed two or more persons during the commission of the same criminal episode; or

(m) The defendant intentionally killed a child who has not yet attained twelve years of age; or

(n) The defendant committed the class 1 felony against the victim because of the victim's race, color, ancestry, religion, or national origin; or

(o) The defendant's possession of the weapon used to commit the class 1 felony constituted a felony offense under the laws of this state or the United States; or

(p) The defendant intentionally killed more than one person in more than one criminal episode; or

(q) The victim was a pregnant woman, and the defendant intentionally killed the victim, knowing she was pregnant.

(6)(a) Whenever a sentence of death is imposed upon a person pursuant to the provisions of this section, the supreme court shall review the propriety of that sentence, having regard to the nature of the offense, the character and record of the offender, the public interest, and the manner in which the sentence was imposed, including the sufficiency and accuracy of the information on which it was based. The procedures to be employed in the review shall be as provided by supreme court rule. The supreme court shall combine its review pursuant to this subsection (6) with consideration of any appeal that may be filed pursuant to part 2 of article 12 of title 16, C.R.S.

(b) A sentence of death shall not be imposed pursuant to this section if the supreme court determines that the sentence was imposed under the influence of passion or prejudice or any other arbitrary factor or that the evidence presented does not support the finding of statutory aggravating circumstances.

(7)(a) If any provisions of this section are determined by the United States supreme court or by the Colorado supreme court to render this section unconstitutional or invalid such that this section does not constitute a valid and operative death penalty statute for class 1 felonies, but severance of such provisions would, through operation of the remaining provisions of this section, maintain this section as a valid and operative death penalty statute for class 1 felonies, it is the intent of the general assembly that those remaining provisions are severable and are to have full force and effect.

(b) If any death sentence is imposed upon a defendant pursuant to the provisions of this section and, on appellate review including consideration pursuant to subsection (8) of this section, the imposition of such death sentence upon such defendant is held invalid for reasons other than unconstitutionality of the death penalty or insufficiency of the evidence to support the sentence, the case shall be remanded to the trial court to set a new sentencing hearing before a newly impaneled jury or, if the defendant pled guilty or waived the right to jury sentencing, before the trial judge; except that, if the prosecutor informs the trial court that, in the opinion of the prosecutor, capital punishment would no longer be in the interest of justice, said defendant shall be returned to the trial court and shall then be sentenced to life imprisonment. If a death sentence imposed pursuant to this section is held invalid based on unconstitutionality of the death penalty or insufficiency of the evidence to support the sentence, said defendant shall be returned to the trial court and shall then be sentenced to life imprisonment.

(8) If, on appeal, the supreme court finds one or more of the aggravating factors that were found to support a sentence to death to be invalid for any reason, the supreme court may determine whether the sentence of death should be affirmed on appeal by:

(a) Reweighing the remaining aggravating factor or factors and all mitigating factors and then determining whether death is the appropriate punishment in the case; or

(b) Applying harmless error analysis by considering whether, if the sentencing body had not considered the invalid aggravating factor, it would have nonetheless sentenced the defendant to death; or

(c) If the supreme court finds the sentencing body's consideration of an aggravating factor was improper because the aggravating factor was not given a constitutionally narrow construction, determining whether, beyond a reasonable doubt, the sentencing body would have returned a verdict of death had the aggravating factor been properly narrowed; or

(d) Employing any other constitutionally permissible method of review.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2002, 3rd Ex.Sess., Ch. 1, § 2, eff. July 12, 2002; Laws 2003, Ch. 202, § 1, eff. April 29, 2003; Laws 2003, Ch. 242, § 10, eff. Aug. 6, 2003; Laws 2003, Ch. 340, § 5, eff. July 1, 2003; Laws 2012, Ch. 208, § 121, eff. July 1, 2012.

VALIDITY

Paragraph (1)(a) was held unconstitutional in the case of People v. Montour, 157 P.3d 489. See Notes of Decision, post.

C.R.S.A. § 18-1.3-1202

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 12. Special Proceedings-Sentencing in Class 1 Felonies

§ 18-1.3-1202. Death penalty inflicted by lethal injection

The manner of inflicting the punishment of death shall be by the administration of a lethal injection within the time prescribed in this part 12, unless for good cause the court or governor may prolong the time. For the purposes of this part 12, “lethal injection” means a continuous intravenous injection of a lethal quantity of sodium thiopental or other equally or more effective substance sufficient to cause death. The manner of inflicting the punishment of death shall, in all circumstances, be by the administration of a lethal injection regardless of the date of the commission of the offense or offenses for which the death penalty is imposed.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-1203

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 12. Special Proceedings-Sentencing in Class 1 Felonies

§ 18-1.3-1203. Genetic testing prior to execution

Prior to the execution of the death penalty pursuant to this part 12, the judicial department shall obtain the chemical testing of a biological substance sample from the convicted offender to determine the genetic markers thereof.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-1204

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 12. Special Proceedings-Sentencing in Class 1 Felonies

§ 18-1.3-1204. Implements--sentence executed by executive director

The executive director of the department of corrections, at the expense of the state of Colorado, shall provide a suitable and efficient room or place, enclosed from public view, within the walls of the correctional facilities at Canon City and therein at all times have in preparation all necessary implements requisite for carrying into execution the death penalty by means of the administration of a lethal injection. The execution shall be performed in the room or place by a person selected by the executive director and trained to administer intravenous injections. Death shall be pronounced by a licensed physician or a coroner according to accepted medical standards.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-1205

Effective: July 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 12. Special Proceedings-Sentencing in Class 1 Felonies

§ 18-1.3-1205. Week of execution--warrant

When a person is convicted of a class 1 felony, the punishment for which is death, and the convicted person is sentenced to suffer the penalty of death, the judge passing such sentence shall appoint and designate in the warrant of conviction a week of time within which the sentence must be executed; the end of such week so appointed shall be not fewer than ninety-one days nor more than one hundred twenty-six days from the day of passing the sentence. Said warrant shall be directed to the executive director of the department of corrections or the executive director's designee commanding said executive director or designee to execute the sentence imposed upon some day within the week of time designated in the warrant and shall be delivered to the sheriff of the county in which such conviction is had, who, within three days thereafter, shall proceed to the correctional facilities at Canon City and deliver the convicted person, together with the warrant, to said executive director or designee, who shall keep the convict in confinement until execution of the death penalty. Persons shall be permitted access to the inmate pursuant to prison rules. Such rules shall provide, at a minimum, for the inmate's attendants, counsel, and physician, a spiritual adviser selected by the inmate, and members of the inmate's family to have access to the inmate.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2002, 3rd Ex.Sess., Ch. 1, § 4, eff. July 12, 2002. Laws 2012, Ch. 208, § 122, eff. July 1, 2012.

C.R.S.A. § 18-1.3-1206

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 12. Special Proceedings-Sentencing in Class 1 Felonies

§ 18-1.3-1206. Execution--witnesses

The particular day and hour of the execution of said sentence within the week specified in said warrant shall be fixed by the executive director of the department of corrections or the executive director's designee, and the executive director shall be present thereat or shall appoint some other representative among the officials or officers of the correctional facilities at Canon City to be present in his or her place and stead. There shall also be present a physician and such guards, attendants, and other persons as the executive director or the executive director's designee in his or her discretion deems necessary to conduct the execution. In addition, there may be present such witnesses as the executive director or the executive director's designee in his or her discretion deems desirable, not to exceed eighteen persons. The executive director or the executive director's designee shall notify the governor of the day and hour for the execution as soon as it has been fixed.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-1207

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 12. Special Proceedings-Sentencing in Class 1 Felonies

§ 18-1.3-1207. Record and certificate of execution

The executive director of the department of corrections or his or her designee shall keep a book of record, to be known as record of executions, in which shall be entered the reports specified in this section. Immediately after the execution, a postmortem examination of the body of the convict shall be made by the attending physician, who shall enter in said book of record the nature and extent of the examination and sign and certify to the same. The executive director or his or her designee shall also immediately make and enter in said book a report, setting forth the time of such execution and that the convict (naming him or her) was then and there executed in conformity to the sentence specified in the warrant of the court (naming such court) to him or her directed and in accordance with the provisions of this part 12, and shall insert in said report the names of all the persons who were present and witnessed the execution, and shall procure each of such persons to sign said report with his or her full name and place of residence before leaving the place of execution. The executive director or his or her designee shall thereupon attach his or her certificate to said report, certifying to the truth and correctness thereof, and shall immediately deliver a certified transcript of the record entry to the court which sentenced the convict.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-1301

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 13. Special Proceedings--Applicability of Procedure in Class 1 Felony Cases for Crimes Committed on or After July 1, 1988, and Prior to September 20, 1991

§ 18-1.3-1301. Applicability of procedure for the imposition of sentences in class 1 felony cases

(1) It is the expressed intention of the general assembly that there be no hiatus in the imposition of the death penalty as a sentence for the commission of a class 1 felony in the state of Colorado as a result of the holding of the Colorado supreme court in People v. Young, 814 P.2d 834 (Colo. 1991). Toward that end, the provisions of former section 16-11-103, C.R.S., as it existed prior to the enactment of senate bill 78, enacted at the second regular session of the fifty-sixth general assembly, and as it currently exists as section 18-1.3-1201, to the extent such provisions were not automatically revitalized by the operation of law, are reenacted as section 18-1.3-1302 and are hereby made applicable to offenses committed on or after July 1, 1988, and prior to September 20, 1991.

(2) It is the intent of the general assembly that this part 13 is independent from former section 16-11-103, C.R.S., now section 18-1.3-1201, and that if any provision of this part 13 or the application thereof to any person or circumstance is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the application of section 18-1.3-1201 to any offense committed on or after September 20, 1991.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-1302

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 13. Special Proceedings--Applicability of Procedure in Class 1 Felony Cases for Crimes Committed on or After July 1, 1988, and Prior to September 20, 1991

§ 18-1.3-1302. Imposition of sentences in class 1 felonies for crimes committed on or after July 1, 1988, and prior to September 20, 1991--appellate review

(1)(a) Upon conviction of guilt of a defendant of a class 1 felony, the trial court shall conduct a separate sentencing hearing to determine whether the defendant should be sentenced to death or life imprisonment, unless the defendant was under the age of eighteen years at the time of the commission of the offense, in which case the defendant shall be sentenced to life imprisonment. The hearing shall be conducted by the trial judge before the trial jury as soon as practicable. Alternate jurors shall not be excused from the case prior to submission of the issue of guilt to the trial jury and shall remain separately sequestered until a verdict is entered by the trial jury. If the verdict of the trial jury is that the defendant is guilty of a class 1 felony, the alternate jurors shall sit as alternate jurors on the issue of punishment. If, for any reason satisfactory to the court, any member or members of the trial jury are excused from participation in the sentencing hearing, the trial judge shall replace such juror or jurors with an alternate juror or jurors. If a trial jury was waived or if the defendant pleaded guilty, the hearing shall be conducted before the trial judge.

(b) All admissible evidence presented by either the prosecuting attorney or the defendant that the court deems relevant to the nature of the crime, and the character, background, and history of the defendant, including any evidence presented in the guilt phase of the trial, and any matters relating to any of the aggravating or mitigating factors enumerated in subsections (4) and (5) of this section may be presented. Any such evidence which the court deems to have probative value may be received, as long as each party is given an opportunity to rebut such evidence. The prosecuting attorney and the defendant or the defendant's counsel shall be permitted to present arguments for or against a sentence of death. For offenses committed before July 1, 1985, the jury shall be instructed that life imprisonment means life without the possibility of parole for twenty calendar years. For offenses committed on or after July 1, 1985, the jury shall be instructed that life imprisonment means life without the possibility of parole for forty calendar years.

(c) Both the prosecuting attorney and the defense shall notify each other of the names and addresses of any witnesses to be called in the sentencing hearing and the subject matter of such testimony. Such discovery shall be provided within a reasonable amount of time as determined by order of the court and shall be provided not less than twenty-four hours prior to the commencement of the sentencing hearing. Unless good cause is shown, noncompliance with this paragraph (c) shall result in the exclusion of such evidence without further sanction.

(2)(a) After hearing all the evidence and arguments of the prosecuting attorney and the defendant, the jury shall deliberate and render a verdict based upon the following considerations:

(I) Whether at least one aggravating factor has been proved as enumerated in subsection (5) of this section;

(II) Whether sufficient mitigating factors exist which outweigh any aggravating factor or factors found to exist; and

(III) Based on the considerations in subparagraphs (I) and (II) of this paragraph (a), whether the defendant should be sentenced to death or life imprisonment.

(II) The jury shall not render a verdict of death unless it finds and specifies in writing that:

(A) At least one aggravating factor has been proved; and

(B) There are insufficient mitigating factors to outweigh the aggravating factor or factors that were proved.

(d) If the jury's verdict is not unanimous, the jury shall be discharged, and the court shall sentence the defendant to life imprisonment.

(3) In all cases where the sentencing hearing is held before the court alone, the court shall determine whether the defendant should be sentenced to death or life imprisonment in the same manner in which a jury determines its verdict under paragraphs (a) and (b) of subsection (2) of this section. The sentence of the court shall be supported by specific written findings of fact based upon the circumstances as set forth in subsections (4) and (5) of this section and upon the records of the trial and the sentencing hearing.

(4) For purposes of this section, mitigating factors shall be the following factors:

(a) The age of the defendant at the time of the crime; or

(c) The defendant was under unusual and substantial duress, although not such duress as to constitute a defense to prosecution; or

(f) The emotional state of the defendant at the time the crime was committed; or

(g) The absence of any significant prior conviction; or

(h) The extent of the defendant's cooperation with law enforcement officers or agencies and with the office of the prosecuting district attorney; or

(i) The influence of drugs or alcohol; or

(j) The good faith, although mistaken, belief by the defendant that circumstances existed which constituted a moral justification for the defendant's conduct; or

(k) The defendant is not a continuing threat to society; or

(l) Any other evidence which in the court's opinion bears on the question of mitigation.

(5) For purposes of this section, aggravating factors shall be the following factors:

(I) A peace officer or former peace officer as described in section 16-2.5-101, C.R.S.; or

(II) A firefighter as defined in section 24-33.5-1202(4), C.R.S.; or

(IV) An elected state, county, or municipal official; or

(V) A federal law enforcement officer or agent or former federal law enforcement officer or agent; or

(d) The defendant intentionally killed a person kidnapped or being held as a hostage by the defendant or by anyone associated with the defendant; or

(e) The defendant has been a party to an agreement to kill another person in furtherance of which a person has been intentionally killed; or

(f) The defendant committed the offense while lying in wait, from ambush, or by use of an explosive or incendiary device. As used in this paragraph (f), “explosive or incendiary device” means:

(I) Dynamite and all other forms of high explosives; or

(II) Any explosive bomb, grenade, missile, or similar device; or

(g) The defendant committed or attempted to commit a class 1, 2, or 3 felony and, in the course of or in furtherance of such or immediate flight therefrom, the defendant intentionally caused the death of a person other than one of the participants; or

(h) The class 1 felony was committed for pecuniary gain; or

(i) In the commission of the offense, the defendant knowingly created a grave risk of death to another person in addition to the victim of the offense; or

(j) The defendant committed the offense in an especially heinous, cruel, or depraved manner; or

(7)(a) If any provision of this section or the application thereof to any person or circumstances is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this section, which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this section are declared to be severable.

(b) If any death sentence imposed upon a defendant pursuant to the provisions of this section and the imposition of such death sentence upon such defendant is held invalid or unconstitutional, said defendant shall be returned to the trial court and shall then be sentenced to life imprisonment.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2004, Ch. 316, § 50, eff. Aug. 4, 2004.

C.R.S.A. § 18-1.3-1401

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 14. Competency of Persons to Be Executed

§ 18-1.3-1401. Definitions

As used in this part 14, unless the context otherwise requires:

(1) “Colorado mental health institute” means the Colorado mental health institute at Pueblo.

(2) “Mentally incompetent to be executed” means that, due to a mental disease or defect, a person who has been sentenced to death is presently unaware that he or she is to be punished for the crime of murder or that the impending punishment for that crime is death.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-1402

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 14. Competency of Persons to Be Executed

§ 18-1.3-1402. Mental competency to be executed--presumptions

(1) A person who is sentenced to death shall not be executed so long as the person is mentally incompetent to be executed.

(2) Any convicted person who is sentenced to death is presumed mentally competent to be executed. A convicted person may be found mentally incompetent to be executed only on clear and convincing evidence of such condition. The party asserting that the convicted person is mentally incompetent to be executed bears the burden of proof regarding such condition and the burden of producing evidence of such condition.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-1403

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 14. Competency of Persons to Be Executed

§ 18-1.3-1403. Mental incompetency to be executed--filing of motion

(1)(a) If, after a sentence of death is imposed, the executive director of the department of corrections, the convicted person's attorney, or an attorney for the state has a good faith reason to believe that the convicted person may be mentally incompetent to be executed, the executive director, the convicted person's attorney, or the state attorney may file a motion raising the issue of whether the convicted person is mentally incompetent to be executed. The motion shall be filed in the district court in the judicial district in which the convicted person was sentenced and shall be directed to the judge who presided over the convicted person's sentencing hearing. If that judge is unavailable, the chief judge of the same judicial district shall decide the motion. The motion shall be filed in both the district court clerk's office and the office of the judge who will hear the motion. On the same day the motion and accompanying materials are filed with the court, the motion and all accompanying materials shall be served upon the office of the prosecuting attorney who tried the case and the attorney general's office.

(b) If the judge who presided at the sentencing hearing has a good faith reason to believe that the convicted person may be mentally incompetent to be executed, the judge shall so advise the convicted person's attorney or shall appoint an attorney to investigate the issue and file any motions the attorney deems appropriate under this part 14.

(2)(a) A motion filed pursuant to subsection (1) of this section shall set forth the facts relating to the convicted person's conviction and sentence and the facts giving rise to the belief that the convicted person may be mentally incompetent to be executed and shall request the district court to order that the convicted person be examined for mental incompetency to be executed. The motion shall be accompanied by the names and addresses of any mental health experts who have examined the convicted person with respect to the issue of whether the convicted person is mentally incompetent to be executed and the results of those examinations, as well as any records of any other mental health examinations, treatment, or reports that are not privileged and are available to the moving party or in the moving party's possession. If the moving party has any question regarding whether any such report is privileged, the report shall be submitted to the court ex parte and the court shall make a determination as to release of the report. If the moving party is the convicted person's attorney, the convicted person shall be deemed to have waived any claim of confidentiality or privilege as to communications made by the convicted person to any physician, psychiatrist, or psychologist in the course of examination or treatment for any mental health condition for which the convicted person has received treatment, and the moving party shall include any records of any other mental health examinations, treatment, or reports.

(b) On receipt of a motion raising the issue of whether a convicted person is mentally incompetent to be executed, the clerk of the district court shall transmit copies of the motion to the supreme court. The clerk of the district court shall transmit copies of all subsequent filings to the supreme court as they are received.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-1404

Effective: July 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 14. Competency of Persons to Be Executed

§ 18-1.3-1404. Mental incompetency to be executed--examination

(1)(a) On receipt of a motion filed pursuant to section 18-1.3-1403, the district court shall determine whether the motion is timely, as prescribed by section 18-1.3-1405, and whether it presents reasonable grounds for ordering an examination. Prior to making any determinations, the district court shall ensure that the prosecution has an opportunity to respond to the motion and to submit any additional information for consideration. The district court shall also provide an opportunity for the executive director of the department of corrections, the convicted person's attorney, or an attorney for the state to respond to the motion and to submit additional information for consideration. All responses and additional submissions shall be filed with the court within three days following the filing of the motion. Within seven days following the filing of the motion, the district court shall determine whether there are reasonable grounds for ordering the examination, based on the motion and any supporting information, any information submitted by the prosecuting attorney or any other responding party, and the record in the case, including transcripts of previous hearings and orders.

(b) The district court shall issue a stay of execution upon a showing of reasonable grounds for granting the stay. A stay of execution may be requested only by the convicted person's attorney, the executive director of the department of corrections, or an attorney for the state.

(2)(a) If the court finds there are no reasonable grounds for the requested examination, the court shall dismiss the motion. If the court finds the motion is timely and there are reasonable grounds for ordering an examination, the court may order the convicted person to submit to physical, neurological, psychiatric, psychological, or other examinations or evaluations that are reasonably necessary to adequately determine whether the convicted person is mentally incompetent to be executed.

(b) The Colorado mental health institute shall create and maintain a list of licensed, qualified psychiatrists and psychologists who shall be available to perform the examinations required pursuant to this part 14.

(c) If the court determines an examination is necessary, the court shall appoint one or more licensed psychiatrists to observe and examine the convicted person. In making such appointment, the court may select one or more licensed psychiatrists from the list prepared by the Colorado mental health institute pursuant to paragraph (b) of this subsection (2) or appoint another qualified, licensed psychiatrist. If requested in the motion for competency examination or by motion of the executive director of the department of corrections, the prosecution, or the attorney for the convicted person or by request of the appointed psychiatrist, and for good cause shown, the court may order further examinations, including the services of licensed psychologists, licensed physicians, or psychiatrists. All examinations shall be completed and reports filed with the court within thirty-five days following the court's initial appointment of experts.

(3)(a) Any examination ordered pursuant to this section shall be conducted at a department of corrections facility.

(b) At the time of appointment of experts, the parties shall disclose to the appointed experts and to each other the names and addresses of any other previously undisclosed mental health experts who have examined the convicted person and the results of the examinations, as well as any and all records of any other previously undisclosed mental health examinations, treatment, or reports that are not privileged. If the party has any question regarding whether any such records are privileged, the records shall be submitted to the court ex parte and the court shall make a determination as to release of the record. The appointed experts shall make copies of their reports available to all of the parties at the time of filing the reports with the court. The experts' reports shall indicate whether the convicted person has a mental disease or defect which renders the convicted person mentally incompetent to be executed.

(4) The convicted person shall submit to and cooperate in all examinations or evaluations ordered by the court, regardless of which party selects the examining mental health expert. The district court shall consider any relevant evidence concerning the issue of the convicted person's competency to be executed, including but not limited to the convicted person's refusal to be examined or evaluated.

(5)(a) After the examinations are completed and reports are filed, the court shall conduct a hearing within seven days following the court's receipt of all reports from appointed experts. The hearing shall be limited to the sole issue of whether the convicted person is mentally incompetent to be executed. At the hearing, all parties may present evidence, cross-examine witnesses, and present argument or, by stipulation, may submit the matter for the court's determination on the basis of the experts' reports or other evidence.

(b) The Colorado rules of evidence shall apply to each hearing held pursuant to this section. The transcript of the hearing shall be forwarded to the Colorado supreme court within three days following the conclusion of the hearing.

(6)(a) Within three days following the conclusion of the hearing held pursuant to subsection (5) of this section, the district court, either on the record or by written ruling, shall specifically state its findings on the motion raising the issue of whether the convicted person is mentally incompetent to be executed. If the ruling is in written form, it shall be transmitted by facsimile or electronic mail to all parties and the Colorado supreme court on the same day of its issuance.

(b) If the court finds the convicted person is not mentally incompetent to be executed, the court shall immediately remand the convicted person to the custody of the executive director of the department of corrections who shall execute the judgment as specified in the warrant issued pursuant to section 18-1.3-1205. If the week specified in the warrant has passed, the district court shall issue a new warrant designating a week of time within which the sentence shall be executed.

(c) If the court finds the convicted person is mentally incompetent to be executed, the court shall stay the execution and shall immediately transmit a copy of its order to the Colorado supreme court.

(7) The time frames specified in this section shall apply only if the motion filed pursuant to section 18-1.3-1403 is filed within one hundred nineteen days prior to the convicted person's execution date. In all other cases, the court shall establish time frames for filing of responses and additional submissions and for completion of the examinations and shall hear and rule on the motion as expeditiously as possible.

CREDIT(S)

Relocated and amended Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2012, Ch. 208, § 123, eff. July 1, 2012.

C.R.S.A. § 18-1.3-1405

Effective: July 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 14. Competency of Persons to Be Executed

§ 18-1.3-1405. Mentally incompetent to be executed--untimely or successive motions

(1) A motion raising the issue of whether a convicted person is mentally incompetent to be executed that is filed pursuant to section 18-1.3-1404 fewer than thirty-five days before the scheduled execution is untimely and shall not be considered by the court unless it is accompanied by both of the following:

(a) At least one affidavit from a licensed physician, licensed psychiatrist, or licensed psychologist who has examined the convicted person that states the physician's, psychiatrist's, or psychologist's opinion that the convicted person is mentally incompetent to be executed; and

(b) A statement that establishes good cause for the failure to file the motion in a timely manner.

(2)(a) Except as provided in paragraph (b) of this subsection (2), if the court has determined, pursuant to section 18-1.3-1404 or 18-1.3-1406(3), that a convicted person is not mentally incompetent to be executed, no further consideration of the convicted person's mental incompetence to be executed may be granted by the court.

(b) A successive motion raising the issue of whether a convicted person is mentally incompetent to be executed may be filed only if the successive motion is accompanied by an affidavit from a licensed physician, licensed psychiatrist, or licensed psychologist who has examined the convicted person that shows a substantial change of circumstances since the previous motion was denied or the prior determination of restoration to competency to be executed was made and the showing is sufficient to raise a significant question regarding whether the convicted person is mentally incompetent to be executed.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2012, Ch. 208, § 124, eff. July 1, 2012.

C.R.S.A. § 18-1.3-1406

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 14. Competency of Persons to Be Executed

§ 18-1.3-1406. Persons mentally incompetent to be executed--restoration to competency

(1) The court may order a restoration hearing at any time on its own motion, on motion of an attorney for the state, or on motion of the convicted person's attorney. The court shall order a hearing if the executive director of the department of corrections files a report that the convicted person is no longer mentally incompetent to be executed.

(2) At the hearing, if the question is contested, the burden of submitting evidence and the burden of proof by clear and convincing evidence shall be upon the party asserting that the convicted person is mentally competent to be executed.

(3) At the hearing, the court shall determine whether the convicted person is mentally competent to be executed and, if so, shall order that the execution be conducted according to the original warrant issued pursuant to section 18-1.3-1205, if unexpired, or shall issue a new warrant appointing a time for execution of the judgment.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002.

C.R.S.A. § 18-1.3-1407

Effective: July 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.3. Sentencing in Criminal Cases (Refs & Annos)

Part 14. Competency of Persons to Be Executed

§ 18-1.3-1407. Appeal of determination of mental incompetency to be executed

(1) Within seven days after the district court rules on a motion raising the issue of whether a convicted person is mentally incompetent to be executed filed pursuant to this part 14, a party may file with the Colorado supreme court a petition to obtain a review of the district court's decision and requesting a stay of execution pending the review.

(2) The supreme court shall expedite its review of the district court's decision and, if the designated week of execution in an existing warrant of conviction has not passed, shall not take more than seven days to render its decision.

CREDIT(S)

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2012, Ch. 208, § 125, eff. July 1, 2012.

C.R.S.A. T. 18, Art. 1.4, Refs & Annos

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 1.4. Class 1 Felonies Committed--July 1, 1995, through July 12, 2002

C.R.S.A. § 18-1.4-101

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.4. Class 1 Felonies Committed--July 1, 1995, through July 12, 2002 (Refs & Annos)

§ 18-1.4-101. Applicability of procedure for the imposition of sentences in class 1 felony cases

(1) It is the expressed intention of the general assembly that there be no hiatus in the imposition of the death penalty as a sentence for the commission of a class 1 felony in the state of Colorado as a result of the holding of the United States supreme court in Ring v. Arizona, 536 U.S. 584 (2002). [FN1] Toward that end, the provisions of section 16-11-103, C.R.S., as it existed prior to the passage of Senate Bill 95-54, enacted at the first regular session of the sixtieth general assembly, are reenacted as section 18-1.4-102, and are hereby made applicable to offenses committed on or after July 1, 1995, and prior to July 12, 2002.

(2) It is the expressed intention of the general assembly that the adoption of section 18-1.4-102 shall not be construed by any court as a legislative statement that the provisions of Senate Bill 95-54, enacted at the first regular session of the sixtieth general assembly, are unconstitutional in any way or that any death sentence obtained pursuant to the provisions of Senate Bill 95-54, enacted at the first regular session of the sixtieth general assembly, is invalid in any way.

(3) It is the expressed intention of the general assembly that this article is independent from section 16-11-103, C.R.S., as it existed prior to October 1, 2002, and section 18-1.3-1201 and that, if any provision of this article or the application thereof to any person or circumstances is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the application of section 16-11-103, C.R.S., as it existed prior to October 1, 2002, and section 18-1.3-1201 to any offense committed on or after the effective date of amendments to said sections enacted at the third extraordinary session of the sixty-third general assembly.

CREDIT(S)

Added by Laws 2002, 3rd Ex.Sess., Ch. 1, § 12, eff. July 12, 2002. Amended by Laws 2005, Ch. 217, § 27, eff. June 1, 2005.

[FN1] Ring v. Arizona, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002).

C.R.S.A. § 18-1.4-102

Effective: July 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.4. Class 1 Felonies Committed--July 1, 1995, through July 12, 2002 (Refs & Annos)

§ 18-1.4-102. Imposition of sentence in class 1 felonies for crimes committed on or after July 1, 1995, and prior to July 12, 2002--appellate review

(1)(a) Upon conviction of guilt of a defendant of a class 1 felony, the trial court shall conduct a separate sentencing hearing to determine whether the defendant should be sentenced to death or life imprisonment, unless the defendant was under the age of eighteen years at the time of the commission of the offense, or unless the defendant has been determined to be a mentally retarded defendant pursuant to part 4 of article 9 of title 16, C.R.S., as it existed prior to October 1, 2002, in either of which cases, the defendant shall be sentenced to life imprisonment. The hearing shall be conducted by the trial judge before the trial jury as soon as practicable. Alternate jurors shall not be excused from the case prior to submission of the issue of guilt to the trial jury and shall remain separately sequestered until a verdict is entered by the trial jury. If the verdict of the trial jury is that the defendant is guilty of a class 1 felony, the alternate jurors shall sit as alternate jurors on the issue of punishment. If, for any reason satisfactory to the court, any member or members of the trial jury are excused from participation in the sentencing hearing, the trial judge shall replace such juror or jurors with an alternate juror or jurors. If a trial jury was waived or if the defendant pled guilty, the hearing shall be conducted before the trial judge. The court shall instruct the defendant when waiving his or her right to a jury trial or when pleading guilty, that he or she is also waiving his or her right to a jury determination of the sentence at the sentencing hearing.

(e) If, as of July 12, 2002, the prosecution has announced it will be seeking the death sentence as the punishment for a conviction of a class 1 felony and a defendant has been convicted at trial of a class 1 felony or has pled guilty to a class 1 felony, but a sentencing hearing to determine whether that defendant shall be sentenced to death or life imprisonment has not yet been held, a jury shall be impaneled to determine the sentence at the sentencing hearing pursuant to the procedures set forth in this section or, if the defendant pled guilty or waived the right to jury sentencing, the sentence shall be determined by the trial judge.

(2)(a) After hearing all the evidence and arguments of the prosecuting attorney and the defendant, the jury shall deliberate and render a verdict based upon the following considerations:

(I) Whether at least one aggravating factor has been proved as enumerated in subsection (5) of this section;

(II) Whether sufficient mitigating factors exist which outweigh any aggravating factor or factors found to exist; and

(III) Based on the considerations in subparagraphs (I) and (II) of this paragraph (a), whether the defendant should be sentenced to death or life imprisonment.

(II) The jury shall not render a verdict of death unless it finds and specifies in writing that:

(A) At least one aggravating factor has been proved; and

(B) There are insufficient mitigating factors to outweigh the aggravating factor or factors that were proved.

(d) If the jury's verdict is not unanimous, the jury shall be discharged, and the court shall sentence the defendant to life imprisonment.

(3.5)(a) The provisions of this subsection (3.5) shall apply only in a class 1 felony case in which the prosecuting attorney has filed a statement of intent to seek the death penalty pursuant to rule 32.1(b) of the Colorado rules of criminal procedure.

(I) A list of all aggravating factors that are known to the prosecuting attorney at that time and that the prosecuting attorney intends to prove at the sentencing hearing;

(III) The written and recorded statements, including any notes of those statements, for each witness whom the prosecuting attorney may call at the sentencing hearing;

(IV) A list of books, papers, documents, photographs, or tangible objects that the prosecuting attorney may introduce at the sentencing hearing; and

(V) All material or information that tends to mitigate or negate the finding of any of the aggravating factors the prosecuting attorney intends to prove at the sentencing hearing.

(c) Upon receipt of the information required to be disclosed by the defendant pursuant to paragraph (d) of this subsection (3.5), the prosecuting attorney shall notify the defendant as soon as practicable of any additional witnesses whom the prosecuting attorney intends to call in response to the defendant's disclosures.

(d) The defendant shall provide the prosecuting attorney with the following information and materials no later than thirty-five days before the first trial date set for the beginning of the defendant's trial or within such other time frame as the supreme court may establish by rule; however, any reports, recorded statements, and notes, including results of physical or mental examinations and scientific tests, experiments, or comparisons, of any expert whom the defense intends to call as a witness at the sentencing hearing shall be provided to the prosecuting attorney as soon as practicable but not later than thirty-five days before trial:

(I) A list of all witnesses whom the defendant may call at the sentencing hearing, specifying for each the witness' name, address, and date of birth and the subject matter of the witness' testimony;

(II) The written and recorded statements, including any notes of those statements, of each witness whom the defendant may call at the sentencing hearing; and

(III) A list of books, papers, documents, photographs, or tangible objects that the defendant may introduce at the sentencing hearing.

(e)(I) Any material subject to this subsection (3.5) that the defendant believes contains information that is privileged to the extent that the prosecution cannot be aware of it in connection with its preparation for, or conduct of, the trial to determine guilt on the substantive charges against the defendant shall be submitted by the defendant to the trial judge under seal no later than forty-nine days before trial.

(II) The trial judge shall review any such material submitted under seal pursuant to subparagraph (I) of this paragraph (e) to determine whether it is in fact privileged. Any material the trial judge finds not to be privileged shall be provided forthwith to the prosecuting attorney. Any material submitted under seal that the trial judge finds to be privileged shall be provided forthwith to the prosecution if the defendant is convicted of a class 1 felony.

(f)(I) Except as otherwise provided in subparagraph (II) of this paragraph (f), if the witnesses disclosed by the defendant pursuant to paragraph (d) of this subsection (3.5) include witnesses who may provide evidence concerning the defendant's mental condition at the sentencing hearing conducted pursuant to this section, the trial court, at the request of the prosecuting attorney, shall order that the defendant be examined and a report of said examination be prepared pursuant to section 16-8-106, C.R.S.

(II) The court shall not order an examination pursuant to subparagraph (I) of this paragraph (f) if:

(A) Such an examination was previously performed and a report was prepared in the same case; and

(g) If the witnesses disclosed by the defendant pursuant to paragraph (d) of this subsection (3.5) include witnesses who may provide evidence concerning the defendant's mental condition at a sentencing hearing conducted pursuant to this section, the provisions of section 16-8-109, C.R.S., concerning testimony of lay witnesses shall apply to said sentencing hearing.

(h) There is a continuing duty on the part of the prosecuting attorney and the defendant to disclose the information and materials specified in this subsection (3.5). If, after complying with the duty to disclose the information and materials described in this subsection (3.5), either party discovers or obtains any additional information and materials that are subject to disclosure under this subsection (3.5), the party shall promptly notify the other party and provide the other party with complete access to the information and materials.

(i) The trial court, upon a showing of extraordinary circumstances that could not have been foreseen and prevented, may grant an extension of time to comply with the requirements of this subsection (3.5).

(j) If it is brought to the attention of the court that either the prosecuting attorney or the defendant has failed to comply with the provisions of this subsection (3.5) or with an order issued pursuant to this subsection (3.5), the court may enter any order against such party that the court deems just under the circumstances, including but not limited to an order to permit the discovery or inspection of information and materials not previously disclosed, to grant a continuance, to prohibit the offending party from introducing the information and materials not disclosed, or to impose sanctions against the offending party.

(4) For purposes of this section, mitigating factors shall be the following factors:

(a) The age of the defendant at the time of the crime; or

(c) The defendant was under unusual and substantial duress, although not such duress as to constitute a defense to prosecution; or

(f) The emotional state of the defendant at the time the crime was committed; or

(g) The absence of any significant prior conviction; or

(h) The extent of the defendant's cooperation with law enforcement officers or agencies and with the office of the prosecuting district attorney; or

(i) The influence of drugs or alcohol; or

(j) The good faith, although mistaken, belief by the defendant that circumstances existed which constituted a moral justification for the defendant's conduct; or

(k) The defendant is not a continuing threat to society; or

(l) Any other evidence which in the court's opinion bears on the question of mitigation.

(5) For purposes of this section, aggravating factors shall be the following factors:

(b) The defendant was previously convicted in this state of a class 1 or 2 felony involving violence as specified in section 16-11-309, C.R.S., as it existed prior to October 1, 2002, or section 18-1.3-406, or was previously convicted by another state or the United States of an offense which would constitute a class 1 or 2 felony involving violence as defined by Colorado law in section 16-11-309, C.R.S., as it existed prior to October 1, 2002, or section 18-1.3-406; or

(I) A peace officer or former peace officer as described in section 16-2.5-101, C.R.S.; or

(II) A firefighter as defined in section 24-33.5-1202(4), C.R.S.; or

(IV) An elected state, county, or municipal official; or

(V) A federal law enforcement officer or agent or former federal law enforcement officer or agent; or

(d) The defendant intentionally killed a person kidnapped or being held as a hostage by the defendant or by anyone associated with the defendant; or

(e) The defendant has been a party to an agreement to kill another person in furtherance of which a person has been intentionally killed; or

(f) The defendant committed the offense while lying in wait, from ambush, or by use of an explosive or incendiary device. As used in this paragraph (f), “explosive or incendiary device” means:

(I) Dynamite and all other forms of high explosives; or

(II) Any explosive bomb, grenade, missile, or similar device; or

(h) The class 1 felony was committed for pecuniary gain; or

(i) In the commission of the offense, the defendant knowingly created a grave risk of death to another person in addition to the victim of the offense; or

(j) The defendant committed the offense in an especially heinous, cruel, or depraved manner; or

(m) The defendant intentionally killed a child who has not yet attained twelve years of age; or

(n)(I) The defendant committed the class 1 felony against the victim because of the victim's race, color, ancestry, religion, or national origin.

(II) The provisions of this paragraph (n) shall apply to offenses committed on or after July 1, 1998.

(o)(I) The defendant's possession of the weapon used to commit the class 1 felony constituted a felony offense under the laws of this state or the United States.

(II) The provisions of this paragraph (o) shall apply to offenses committed on or after August 2, 2000.

(7)(a) It is the expressed intent of the general assembly that there be in place a valid and operative procedure for the imposition of a sentence of death concerning class 1 felonies committed on or after July 1, 1995, and prior to July 12, 2002. Towards that end, if any provisions of this section are determined by the United States supreme court or by the Colorado supreme court to render this section unconstitutional or invalid such that this section does not constitute a valid and operative death penalty statute concerning such class 1 felonies, but severance of such provisions would, through operation of the remaining provisions of this section, maintain this section as a valid and operative death penalty statute concerning such class 1 felonies, it is the intent of the general assembly that those remaining provisions are severable and are to have full force and effect. If, instead, any provisions of this section are determined by the United States supreme court or by the Colorado supreme court to render this section unconstitutional or invalid such that this section does not constitute a valid and operative death penalty statute concerning such class 1 felonies, and severance of such provisions would not, through operation of the remaining provisions of this section, render this section a valid and operative death penalty statute concerning such offenses, it is the intent of the general assembly that this entire article be void and inoperative.

(b) If any death sentence is imposed upon a defendant pursuant to the provisions of this section and, on appellate review including consideration pursuant to subsection (9) of this section, the imposition of such death sentence upon such defendant is held invalid for reasons other than unconstitutionality of the death penalty or insufficiency of the evidence to support the sentence, the case shall be remanded to the trial court to set a new sentencing hearing before a newly impaneled jury or, if the defendant pled guilty or waived the right to jury sentencing, before the trial judge; except that, if the prosecutor informs the trial court that, in the opinion of the prosecutor, capital punishment would no longer be in the interest of justice, said defendant shall be returned to the trial court and shall then be sentenced to life imprisonment. If a death sentence imposed pursuant to this section is held invalid based on unconstitutionality of the death penalty or insufficiency of the evidence to support the sentence, said defendant shall be returned to the trial court and shall then be sentenced to life imprisonment.

(8) When reviewing a sentence of death imposed by a three-judge panel, if the Colorado supreme court concludes that any one or more of the determinations made by the three-judge panel were constitutionally required to have been made by a jury, the supreme court may:

(a) Examine the record and the jury's verdicts or the defendant's guilty pleas at the guilt phase of the trial and determine whether any of the aggravating factors found to exist by the three-judge panel were also fairly determined to exist beyond a reasonable doubt by the jury's verdicts or the defendant's guilty pleas; and

(b)(I) If the supreme court determines that one or more aggravating factors were fairly determined to exist beyond a reasonable doubt by the jury's verdicts or the defendant's guilty pleas, the supreme court shall determine whether the sentence of death should be affirmed on appeal by proceeding in accordance with the provisions of paragraphs (a) to (d) of subsection (9) of this section; or

(II) If the supreme court determines there were no aggravating factors fairly determined to exist beyond a reasonable doubt by the jury's verdicts or the defendant's guilty pleas, the supreme court shall remand the case to the trial court for a sentencing hearing before a newly impaneled jury.

(9) If, on appeal, the supreme court finds one or more of the aggravating factors that were found to support a sentence to death to be invalid for any reason, the supreme court may determine whether the sentence of death should be affirmed on appeal by:

(a) Reweighing the remaining aggravating factor or factors and all mitigating factors and then determining whether death is the appropriate punishment in the case; or

(b) Applying harmless error analysis by considering whether, if the sentencing body had not considered the invalid aggravating factor, it would have nonetheless sentenced the defendant to death; or

(d) Employing any other constitutionally permissible method of review.

CREDIT(S)

Added by Laws 2002, 3rd Ex.Sess., Ch. 1, § 12, eff. July 12, 2002. Amended by Laws 2002, 3rd Ex.Sess., Ch. 1, §§ 13, 14, 15, eff. July 12, 2002; Laws 2003, Ch. 242, § 11, eff. Aug. 6, 2003; Laws 2012, Ch. 208, § 126, eff. July 1, 2012.

C.R.S.A. § 18-1.5-101

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.5. Criminal Justice Commission [Repealed]

§§ 18-1.5-101 to 18-1.5-105. Repealed by Laws 1989, S.B.246, § 44, eff. March 15, 1994

C.R.S.A. § 18-1.5-102

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.5. Criminal Justice Commission [Repealed]

§§ 18-1.5-101 to 18-1.5-105. Repealed by Laws 1989, S.B.246, § 44, eff. March 15, 1994

C.R.S.A. § 18-1.5-103

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.5. Criminal Justice Commission [Repealed]

§§ 18-1.5-101 to 18-1.5-105. Repealed by Laws 1989, S.B.246, § 44, eff. March 15, 1994

C.R.S.A. § 18-1.5-103.5

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.5. Criminal Justice Commission [Repealed]

§§ 18-1.5-101 to 18-1.5-105. Repealed by Laws 1989, S.B.246, § 44, eff. March 15, 1994

C.R.S.A. § 18-1.5-104

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.5. Criminal Justice Commission [Repealed]

§§ 18-1.5-101 to 18-1.5-105. Repealed by Laws 1989, S.B.246, § 44, eff. March 15, 1994

C.R.S.A. § 18-1.5-105

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.5. Criminal Justice Commission [Repealed]

§§ 18-1.5-101 to 18-1.5-105. Repealed by Laws 1989, S.B.246, § 44, eff. March 15, 1994

C.R.S.A. § 18-1.7-101

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.7. Treatment of Persons with Mental Illness Involved in the Criminal Justice System [Repealed]

§§ 18-1.7-101 to 18-1.7-106. Repealed by Laws 2000, Ch. 325, § 1, eff. July 1, 2003

C.R.S.A. § 18-1.7-102

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.7. Treatment of Persons with Mental Illness Involved in the Criminal Justice System [Repealed]

§§ 18-1.7-101 to 18-1.7-106. Repealed by Laws 2000, Ch. 325, § 1, eff. July 1, 2003

C.R.S.A. § 18-1.7-103

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.7. Treatment of Persons with Mental Illness Involved in the Criminal Justice System [Repealed]

§§ 18-1.7-101 to 18-1.7-106. Repealed by Laws 2000, Ch. 325, § 1, eff. July 1, 2003

C.R.S.A. § 18-1.7-104

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.7. Treatment of Persons with Mental Illness Involved in the Criminal Justice System [Repealed]

§§ 18-1.7-101 to 18-1.7-106. Repealed by Laws 2000, Ch. 325, § 1, eff. July 1, 2003

C.R.S.A. § 18-1.7-105

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.7. Treatment of Persons with Mental Illness Involved in the Criminal Justice System [Repealed]

§§ 18-1.7-101 to 18-1.7-106. Repealed by Laws 2000, Ch. 325, § 1, eff. July 1, 2003

C.R.S.A. § 18-1.7-106

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.7. Treatment of Persons with Mental Illness Involved in the Criminal Justice System [Repealed]

§§ 18-1.7-101 to 18-1.7-106. Repealed by Laws 2000, Ch. 325, § 1, eff. July 1, 2003

C.R.S.A. § 18-1.8-101

Effective: August 8, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.8. Interagency Task Force on Trafficking in Persons [Repealed]

§ 18-1.8-101. Repealed by Laws 2012, Ch. 174, § 1, eff. Aug. 8, 2012

C.R.S.A. T. 18, Art. 1.9, Refs & Annos

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 1.9. Continuing Examination of the Treatment of Persons with Mental Illness Who Are Involved in the Justice System

C.R.S.A. § 18-1.9-101

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.9. Continuing Examination of the Treatment of Persons with Mental Illness Who Are Involved in the Justice System (Refs & Annos)

§ 18-1.9-101. Legislative declaration

(1) The general assembly hereby finds that:

(a) In November of 1998, the Colorado department of corrections reported that ten percent of its correctional population met the diagnostic criteria for serious mental illness, which number was double the number identified two years earlier, and five to six times the number documented in 1988, only ten years earlier;

(b) The Colorado department of corrections estimates that in 2002, sixteen percent of its inmate population met the diagnostic criteria for major mental illness;

(c) The Colorado division of youth corrections estimates that twenty-four percent of juveniles in the juvenile justice system are diagnosed with mental illness;

(d) A study conducted in 1995 found that approximately six percent of the persons held in county jails and in community corrections throughout the state had been diagnosed as persons with serious mental illness;

(e) It is estimated that nationally, nearly nine percent of all adults and juveniles on probation have been identified as having serious mental illness;

(f) For the 1998-99 fiscal year, approximately forty-four percent of the inpatient population at the Colorado mental health institute at Pueblo had been committed following the return of a verdict of not guilty by reason of insanity or a determination by the court that the person was incompetent to stand trial due to mental illness;

(g) Persons with mental illness, as a direct or indirect result of their condition, are in many instances more likely than persons who do not have mental illness to be involved in the criminal and juvenile justice systems;

(h) The existing procedures and diagnostic tools used by persons working in the criminal and juvenile justice systems may not be sufficient to identify appropriately and diagnose persons with mental illness who are involved in the criminal and juvenile justice systems;

(i) The criminal and juvenile justice systems may not be structured in such a manner as to provide the level of treatment and care for persons with mental illness that is necessary to ensure the safety of these persons, of other persons in the criminal and juvenile justice systems, and of the community at large;

(j) Studies show that, for offenders under community supervision, treatment of the mental illness of the offender decreases repeat arrests by forty-four percent; and

(k) The ongoing supervision, care, and monitoring, especially with regard to medication, of persons with mental illness who are released from incarceration are crucial to ensuring the safety of the community.

(2) The general assembly further finds that pursuant to the findings in a report requested by the joint budget committee in 1999 that recommended cross-system collaboration and communication as a method for reducing the number of persons with mental illness who are involved in the criminal and juvenile justice systems, the legislative oversight committee and advisory task force for the examination of the treatment of persons with mental illness who are involved in the criminal justice system were created in 1999 and extended for an additional three years in 2000. Over the course of four years, the legislative oversight committee and advisory task force began to address, but did not finish addressing, the issues specified in subsection (1) of this section, through both legislative and non-legislative solutions including, but not limited to:

(a) Community-based intensive treatment management programs for juveniles involved in the juvenile justice system;

(b) An expedited application process for aid to the needy disabled benefits for persons with mental illness upon release from incarceration;

(c) Standardized inter-agency screening to detect mental illness in adults who are involved in the criminal justice system and juveniles who are involved in the juvenile justice system;

(d) Training of law enforcement officers to recognize and safely deal with persons who have mental illness through the use of crisis intervention teams; and

(e) Creating local initiative committee pilot programs for the management of community-based programs for adults with mental illness who are involved in the criminal justice system.

(3) Experts involved in cross-system collaboration and communication to reduce the number of persons with mental illness who are involved in the criminal and juvenile justice systems recommend a five-year plan to continue the work of the task force and the legislative oversight committee in order to more fully effectuate solutions to these issues.

(4) Therefore, the general assembly declares that it is necessary to create a task force to continue to examine the identification, diagnosis, and treatment of persons with mental illness who are involved in the state criminal and juvenile justice systems and to make additional recommendations to a legislative oversight committee for the continuing development of legislative proposals related to this issue.

CREDIT(S)

Added by Laws 2004, Ch. 379, § 1, eff. June 4, 2004.

C.R.S.A. § 18-1.9-102

Effective: August 5, 2009

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.9. Continuing Examination of the Treatment of Persons with Mental Illness Who Are Involved in the Justice System (Refs & Annos)

§ 18-1.9-102. Definitions

As used in this article, unless the context otherwise requires:

(1) “Committee” means the legislative oversight committee established pursuant to section 18-1.9-103.

(1.5) “Co-occurring disorder” means a disorder that commonly coincides with mental illness and may include, but is not limited to, substance abuse, developmental disability, fetal alcohol syndrome, and traumatic brain injury.

(2) “Task force” means the task force for the continuing examination of the treatment of persons with mental illness who are involved in the criminal and juvenile justice systems established pursuant to section 18-1.9-104.

CREDIT(S)

Added by Laws 2004, Ch. 379, § 1, eff. June 4, 2004. Amended by Laws 2009, Ch. 33, § 1, eff. Aug. 5, 2009.

C.R.S.A. § 18-1.9-103

Effective: June 7, 2010

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.9. Continuing Examination of the Treatment of Persons with Mental Illness Who Are Involved in the Justice System (Refs & Annos)

§ 18-1.9-103. Legislative oversight committee for the continuing examination of the treatment of persons with mental illness who are involved in the criminal and juvenile justice systems--creation--duties

(1) Creation. (a) There is hereby created a legislative oversight committee for the continuing examination of the treatment of persons with mental illness who are involved in the criminal and juvenile justice systems.

(b) The committee shall consist of six members. The president of the senate, the minority leader of the senate, and the speaker of the house of representatives shall appoint the members of the committee, as follows:

(I) The president of the senate shall appoint two senators to serve on the committee, and the minority leader of the senate shall appoint one senator to serve on the committee;

(II) The speaker of the house of representatives shall appoint three representatives to serve on the committee, no more than two of whom shall be members of the same political party;

(III) The terms of the members appointed by the speaker of the house of representatives, the president of the senate, and the minority leader of the senate and who are serving on March 22, 2007, shall be extended to and expire on or shall terminate on the convening date of the first regular session of the sixty-seventh general assembly. As soon as practicable after such convening date, the speaker, the president, and the minority leader of the senate shall each appoint or reappoint members in the same manner as provided in subparagraphs (I) and (II) of this paragraph (b). Thereafter, the terms of members appointed or reappointed by the speaker, the president, and the minority leader of the senate shall expire on the convening date of the first regular session of each general assembly, and all subsequent appointments and reappointments by the speaker, the president, and the minority leader of the senate shall be made as soon as practicable after such convening date. The person making the original appointment or reappointment shall fill any vacancy by appointment for the remainder of an unexpired term. Members appointed or reappointed by the speaker, the president, and the minority leader of the senate shall serve at the pleasure of the appointing authority and shall continue in office until the member's successor is appointed.

(c) The president of the senate shall select the first chair of the committee, and the speaker of the house of representatives shall select the first vice-chair. The chair and vice-chair shall alternate annually thereafter between the two houses. The chair and vice-chair of the committee may establish such organizational and procedural rules as are necessary for the operation of the committee.

(d)(I) Notwithstanding the provisions of section 2-2-307, C.R.S., the committee may receive payment of per diem and reimbursement for actual and necessary expenses authorized pursuant to said section and any other direct or indirect costs associated with the duties of the committee set forth in this article only from moneys appropriated from the examination of the treatment of persons with mental illness in the criminal justice system cash fund created in section 18-1.9-106.

(II) The director of research of the legislative council and the director of the office of legislative legal services may supply staff assistance to the committee as they deem appropriate, within existing appropriations. If staff assistance is not available within existing appropriations, then the director of research of the legislative council and the director of the office of legislative legal services may supply staff assistance to the task force only if moneys are credited to the examination of the treatment of persons with mental illness in the criminal justice system cash fund created in section 18-1.9-106 in an amount sufficient to fund staff assistance.

(2) Duties. (a) The committee shall meet at least once on or before August 1, 2004. Beginning in 2005 and continuing each year thereafter through 2014, the committee shall meet at least three times each year and at such other times as it deems necessary; except that the committee shall not meet during the 2010 interim.

(b)(I) The committee shall be responsible for the oversight of the task force and shall submit annual reports to the general assembly regarding the findings and recommendations of the task force. In addition, the committee may recommend legislative changes that shall be treated as bills recommended by an interim legislative committee for purposes of any introduction deadlines or bill limitations imposed by the joint rules of the general assembly.

(II) The provisions of subparagraph (I) of this paragraph (b) shall not apply during the suspension of the committee during the 2010 interim.

(c)(I) The committee shall submit a report to the general assembly by January 15, 2005, by each January 15 thereafter through January 15, 2010, and by January 15, 2012, and by each January 15 thereafter through January 15, 2015. The annual reports shall summarize the issues addressing the treatment of persons with mental illness who are involved in the criminal and juvenile justice systems that have been considered and any recommended legislative proposals.

(II) The general assembly reviewed the reporting requirements in subparagraph (I) of this paragraph (c) during the 2008 regular session and continued the requirements.

CREDIT(S)

Added by Laws 2004, Ch. 379, § 1, eff. June 4, 2004. Amended by Laws 2007, Ch. 50, § 8, eff. March 22, 2007; Laws 2008, Ch. 295, § 1, eff. Aug. 5, 2008; Laws 2009, Ch. 33, § 2, eff. Aug. 5, 2009; Laws 2010, Ch. 375, § 6, eff. June 7, 2010.

C.R.S.A. § 18-1.9-104

Effective: June 7, 2010

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.9. Continuing Examination of the Treatment of Persons with Mental Illness Who Are Involved in the Justice System (Refs & Annos)

§ 18-1.9-104. Mentally ill offender task force--creation--membership--duties.

(1) Creation. (a) There is hereby created a task force for the continuing examination of the treatment of persons with mental illness who are involved in the criminal and juvenile justice systems in Colorado. The task force shall consist of thirty members appointed as provided in paragraphs (b) and (c) of this subsection (1).

(b) The chief justice of the Colorado supreme court shall appoint four members who represent the judicial department, two of whom shall represent the division of probation within the department, one of whom shall have experience handling juvenile justice matters within the department, and one of whom shall have experience handling adult criminal justice matters within the department.

(I) One member who represents the division of criminal justice within the department of public safety;

(II) Two members who represent the department of corrections, one of whom represents the division of parole within the department;

(III) Two members who represent local law enforcement agencies, one of whom shall be in active service and the other one of whom shall have experience dealing with juveniles in the juvenile justice system;

(IV) Six members who represent the department of human services, as follows:

(A) One member who represents the unit within the department of human services that is responsible for mental health and drug and alcohol abuse services;

(B) One member who represents the division of youth corrections;

(C) One member who represents the unit within the department of human services that is responsible for child welfare services;

(D) Deleted by Laws 2009, Ch. 33, § 3, eff. Aug. 5, 2009.

(E) One member who represents the Colorado mental health institute at Pueblo; and

(F) One member who represents the mental health planning and advisory committee within the department of human services;

(V) One member who represents the interests of county departments of social services;

(VI) One member who represents the department of education;

(VII) One member who represents the state attorney general's office;

(VIII) One member who represents the district attorneys within the state;

(IX) Two members who represent the criminal defense bar within the state, one of whom shall have experience representing juveniles in the juvenile justice system;

(X) Two members who are licensed mental health professionals practicing within the state, one of whom shall have experience treating juveniles;

(XI) One member who represents community mental health centers within the state;

(XII) One member who is a person with knowledge of public benefits and public housing within the state;

(XIII) One member who is a practicing forensic professional within the state;

(XIV) Three members of the public as follows:

(A) One member who has mental illness and has been involved in the criminal justice system in this state;

(B) One member who has an adult family member who has mental illness and has been involved in the criminal justice system in this state; and

(C) One member who is the parent of a child who has mental illness and has been involved in the juvenile justice system in this state;

(XV) One member who represents the department of health care policy and financing; and

(XVI) One member who represents the department of labor and employment.

(d) A vacancy occurring in a position filled by the chief justice of the Colorado supreme court pursuant to paragraph (b) of this subsection (1) shall be filled as soon as possible by the chief justice of the Colorado supreme court in accordance with the limitations specified in paragraph (b) of this subsection (1). In addition, the chief justice of the Colorado supreme court may remove and replace any appointment to the task force made pursuant to paragraph (b) of this subsection (1).

(e) A vacancy occurring in a position filled by the chair and vice- chair of the committee pursuant to paragraph (c) of this subsection (1) shall be filled as soon as possible by the chair and vice-chair of the committee in accordance with the limitations specified in paragraph (c) of this subsection (1). In addition, the chair and vice-chair of the committee may remove and replace any appointment to the task force made pursuant to paragraph (c) of this subsection (1).

(f) In making appointments to the task force, the appointing authorities shall ensure that the membership of the task force reflects the ethnic, cultural, and gender diversity of the state and includes representation of all areas of the state.

(2) Issues for study. The task force shall examine the identification, diagnosis, and treatment of persons with mental illness who are involved in the state criminal and juvenile justice systems, including an examination of liability, safety, and cost as they relate to these issues. The task force shall specifically consider, but need not be limited to, the following issues:

(a) On or before July 1, 2005, the following issues:

(I) The diagnosis, treatment, and housing of juveniles with mental illness who are involved in the criminal justice system or the juvenile justice system; and

(II) The adoption of a common framework for effectively addressing the mental health issues, including competency and co-occurring disorders, of juveniles who are involved in the criminal justice system or the juvenile justice system;

(b) On or before July 1, 2006, the following issues:

(I) The prosecution of and sentencing alternatives for persons with mental illness that may involve treatment and ongoing supervision;

(II) The civil commitment of persons with mental illness who have been criminally convicted, found not guilty by reason of insanity, or found to be incompetent to stand trial; and

(III) The development of a plan to most effectively and collaboratively serve the population of juveniles involved in the criminal justice system or the juvenile justice system;

(b.5) Repealed.

(I) The diagnosis, treatment, and housing of adults with mental illness who are involved in the criminal justice system;

(II) The ongoing treatment, housing, and supervision, especially with regard to medication, of adults and juveniles who are involved in the criminal and juvenile justice systems and who are incarcerated or housed within the community and the availability of public benefits for such persons;

(III) The ongoing assistance and supervision, especially with regard to medication, of persons with mental illness after discharge from sentence; and

(IV) The identification of alternative entities to exercise jurisdiction regarding release for persons found not guilty by reason of insanity, such as the development and use of a psychiatric security review board, including recommendations related to the indeterminate nature of the commitment imposed;

(d) On or before July 1, 2008, the identification, diagnosis, and treatment of minority persons with mental illness, women with mental illness, and persons with co-occurring disorders, in the criminal and juvenile justice systems;

(e) On or before July 1, 2009, the following issues:

(I) The early identification, diagnosis, and treatment of adults and juveniles with mental illness who are involved in the criminal and juvenile justice systems;

(II) The modification of the criminal and juvenile justice systems to most effectively serve adults and juveniles with mental illness who are involved in these systems;

(III) The implementation of appropriate diagnostic tools to identify persons in the criminal and juvenile justice systems with mental illness; and

(IV) Any other issues concerning persons with mental illness who are involved in the state criminal and juvenile justice systems that arise during the course of the task force study.

(f) Beginning July 1, 2011, through July 1, 2014, the following issues:

(I) The diagnosis, treatment, and housing of persons with mental illness or co-occurring disorders who are convicted of crimes, or incarcerated or who plead guilty, nolo contendere, or not guilty by reason of insanity or who are found to be incompetent to stand trial;

(II) The diagnosis, treatment, and housing of juveniles with mental illness or co-occurring disorders who are adjudicated, detained, or committed for offenses that would constitute crimes if committed by adults or who plead guilty, nolo contendere, or not guilty by reason of insanity or who are found to be incompetent to stand trial;

(III) The ongoing treatment, housing, and supervision, especially with regard to medication, of adults and juveniles who are involved in the criminal and juvenile justice systems and who are incarcerated or housed within the community and the availability of public benefits for these persons; and

(IV) The safety of the staff who treat or supervise persons with mental illness and the use of force against persons with mental illness.

(3) Additional duties of the task force. The task force shall provide guidance and make findings and recommendations to the committee for its development of reports and legislative recommendations for modification of the criminal and juvenile justice systems, with respect to persons with mental illness who are involved in these systems. In addition, the task force shall:

(a) On or before August 1, 2004, and by each August 1 thereafter through August 1, 2013, except during the suspension of the committee during the 2010 interim, select a chair and a vice-chair from among its members;

(b) Meet at least six times each year from the date of the first meeting until January 1, 2015, or more often as directed by the chair of the committee; except that the committee shall not meet during the 2010 interim;

(c) Communicate with and obtain input from groups throughout the state affected by the issues identified in subsection (2) of this section;

(d) Create subcommittees as needed to carry out the duties of the task force. The subcommittees may consist, in part, of persons who are not members of the task force. Such persons may vote on issues before the subcommittee but shall not be entitled to a vote at meetings of the task force.

(e) Submit a report to the committee by October 1, 2004, and by each October 1 thereafter through October 1, 2009, and by October 1, 2011, and by each October 1 thereafter through October 1, 2014, at a minimum specifying the following:

(I) Issues to be studied in upcoming task force meetings and a prioritization of those issues;

(II) Findings and recommendations regarding issues of prior consideration by the task force;

(III) Legislative proposals of the task force that identify the policy issues involved, the agencies responsible for the implementation of the changes, and the funding sources required for such implementation.

(4) Flexibility. No requirement set forth in subsection (2) of this section shall prohibit the task force from studying, presenting findings and recommendations on, or requesting permission to draft legislative proposals concerning any issue described in subsection (2) of this section at any time during the existence of the task force.

(5) Compensation. Members of the task force shall serve without compensation.

(6) Coordination. The task force may work with other task forces, committees, or organizations that are pursuing policy initiatives similar to those addressed in subsection (2) of this section. The task force shall consider developing relationships with other task forces, committees, and organizations to leverage efficient policy-making opportunities through collaborative efforts.

CREDIT(S)

Added by Laws 2004, Ch. 379, § 1, eff. June 4, 2004. Amended by Laws 2006, Ch. 141, § 1, eff. April 18, 2006; Laws 2008, Ch. 43, § 1, eff. March 19, 2008; Laws 2009, Ch. 33, §§ 3 to 5, eff. Aug. 5, 2009; Laws 2010, Ch. 375, § 7, eff. June 7, 2010.

C.R.S.A. § 18-1.9-105

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.9. Continuing Examination of the Treatment of Persons with Mental Illness Who Are Involved in the Justice System (Refs & Annos)

§ 18-1.9-105. Task force funding--staff support

(1) The division of criminal justice of the department of public safety, on behalf of the task force, is authorized to receive and expend contributions, grants, services, and in-kind donations from any public or private entity for any direct or indirect costs associated with the duties of the task force set forth in this article.

(2) The director of research of the legislative council, the director of the office of legislative legal services, the director of the division of criminal justice within the department of public safety, and the executive directors of the departments represented on the task force may supply staff assistance to the task force as they deem appropriate within existing appropriations. If staff assistance is not available from a governmental agency within existing appropriations, then the executive directors of the departments represented on the task force, the director of research of the legislative council, and the director of the office of legislative legal services may supply staff assistance to the task force only if moneys are credited to the examination of the treatment of persons with mental illness in the criminal justice system cash fund created in section 18-1.9-106 in an amount sufficient to fund staff assistance. The task force may also accept staff support from the private sector.

CREDIT(S)

Added by Laws 2004, Ch. 379, § 1, eff. June 4, 2004.

C.R.S.A. § 18-1.9-106

Effective: August 5, 2009

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.9. Continuing Examination of the Treatment of Persons with Mental Illness Who Are Involved in the Justice System (Refs & Annos)

§ 18-1.9-106. Cash fund

(1) All private and public funds received through grants, contributions, and donations pursuant to this article shall be transmitted to the state treasurer, who shall credit the same to the examination of the treatment of persons with mental illness in the criminal justice system cash fund, which fund is hereby created and referred to in this section as the “fund”. The moneys in the fund shall be subject to annual appropriation by the general assembly for the direct and indirect costs associated with the implementation of this article. All moneys in the fund not expended for the purpose of this article may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund. All unexpended and unencumbered moneys remaining in the fund as of July 1, 2015, shall be transferred to the general fund.

(2) Compensation as provided in sections 18-1.9-103(1)(d) and 18-1.9-105(2) for members of the general assembly and for staff assistance to the committee and task force provided by the director of research of the legislative council and the director of the office of legislative legal services shall be approved by the chair of the legislative council and paid by vouchers and warrants drawn as provided by law from moneys appropriated for such purpose and allocated to the legislative council from the fund.

CREDIT(S)

Added by Laws 2004, Ch. 379, § 1, eff. June 4, 2004. Amended by Laws 2009, Ch. 33, § 6, eff. Aug. 5, 2009.

C.R.S.A. § 18-1.9-107

Effective: August 5, 2009

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 1.9. Continuing Examination of the Treatment of Persons with Mental Illness Who Are Involved in the Justice System (Refs & Annos)

§ 18-1.9-107. Repeal of article

This article is repealed, effective July 1, 2015.

CREDIT(S)

Added by Laws 2004, Ch. 379, § 1, eff. June 4, 2004. Amended by Laws 2009, Ch. 33, § 7, eff. Aug. 5, 2009.

C.R.S.A. T. 18, Art. 2, Refs & Annos

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 2. Inchoate Offenses

C.R.S.A. T. 18, Art. 2, Pt. 1, Refs & Annos

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 2. Inchoate Offenses

Part 1. Attempts

C.R.S.A. § 18-2-101

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 2. Inchoate Offenses (Refs & Annos)

Part 1. Attempts (Refs & Annos)

§ 18-2-101. Criminal attempt

(1) A person commits criminal attempt if, acting with the kind of culpability otherwise required for commission of an offense, he engages in conduct constituting a substantial step toward the commission of the offense. A substantial step is any conduct, whether act, omission, or possession, which is strongly corroborative of the firmness of the actor's purpose to complete the commission of the offense. Factual or legal impossibility of committing the offense is not a defense if the offense could have been committed had the attendant circumstances been as the actor believed them to be, nor is it a defense that the crime attempted was actually perpetrated by the accused.

(2) A person who engages in conduct intending to aid another to commit an offense commits criminal attempt if the conduct would establish his complicity under section 18-1-603 were the offense committed by the other person, even if the other is not guilty of committing or attempting the offense.

(3) It is an affirmative defense to a charge under this section that the defendant abandoned his effort to commit the crime or otherwise prevented its commission, under circumstances manifesting the complete and voluntary renunciation of his criminal intent.

(3.5) Criminal attempt to commit any crime for which a court is required to sentence a defendant for a crime of violence in accordance with section 18-1.3-406 is itself a crime of violence for the purposes of that section.

(4) Criminal attempt to commit a class 1 felony is a class 2 felony; criminal attempt to commit a class 2 felony is a class 3 felony; criminal attempt to commit a class 3 felony is a class 4 felony; criminal attempt to commit a class 4 felony is a class 5 felony; criminal attempt to commit a class 5 or 6 felony is a class 6 felony.

(5) Criminal attempt to commit a felony which is defined by any statute other than one contained in this title and for which no penalty is specifically provided is a class 6 felony.

(6) Criminal attempt to commit a class 1 misdemeanor is a class 2 misdemeanor.

(7) Criminal attempt to commit a misdemeanor other than a class 1 misdemeanor is a class 3 misdemeanor.

(8) Criminal attempt to commit a petty offense is a crime of the same class as the offense itself.

(9) The provisions of subsections (4) to (8) of this section shall not apply to a person who commits criminal attempt to escape. A person who commits criminal attempt to escape shall be punished as provided in section 18-8-208.1.

CREDIT(S)

Amended by Laws 1975, H.B.1203, § 3; Laws 1976, Ex.Sess., H.B.1007, § 2; Laws 1977, H.B.1654, § 4; Laws 1989, 1st Ex.Sess., S.B.6, § 11; Laws 1995, H.B.95-1070, § 4, eff. July 1, 1995; Laws 2002, Ch. 318, § 182, eff. Oct. 1, 2002.

C.R.S.A. T. 18, Art. 2, Pt. 2, Refs & Annos

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 2. Inchoate Offenses

Part 2. Criminal Conspiracy

C.R.S.A. § 18-2-201

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 2. Inchoate Offenses (Refs & Annos)

Part 2. Criminal Conspiracy (Refs & Annos)

§ 18-2-201. Conspiracy

(1) A person commits conspiracy to commit a crime if, with the intent to promote or facilitate its commission, he agrees with another person or persons that they, or one or more of them, will engage in conduct which constitutes a crime or an attempt to commit a crime, or he agrees to aid the other person or persons in the planning or commission of a crime or of an attempt to commit such crime.

(2) No person may be convicted of conspiracy to commit a crime, unless an overt act in pursuance of that conspiracy is proved to have been done by him or by a person with whom he conspired.

(3) If a person knows that one with whom he conspires to commit a crime has conspired with another person or persons to commit the same crime, he is guilty of conspiring to commit a crime with the other person or persons, whether or not he knows their identity.

(4) If a person conspires to commit a number of crimes, he is guilty of only one conspiracy so long as such multiple crimes are part of a single criminal episode.

(4.5) Conspiracy to commit any crime for which a court is required to sentence a defendant for a crime of violence in accordance with section 18-1.3-406 is itself a crime of violence for the purposes of that section.

(5) If a person conspires to commit a felony which is defined by any statute other than one contained in this title and for which conspiracy no penalty is specifically provided, he is guilty of a class 6 felony. If a person conspires to commit a misdemeanor which is defined by any statute other than one contained in this title and for which conspiracy no penalty is specifically provided, he is guilty of a class 3 misdemeanor.

CREDIT(S)

Amended by Laws 1974, S.B.14, § 1; Laws 1989, 1st Ex.Sess., S.B.6, § 12; Laws 1995, H.B.95-1070, § 5, eff. July 1, 1995; Laws 2002, Ch. 318, § 183, eff. Oct. 1, 2002.

C.R.S.A. § 18-2-202

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 2. Inchoate Offenses (Refs & Annos)

Part 2. Criminal Conspiracy (Refs & Annos)

§ 18-2-202. Joinder and venue in conspiracy prosecutions

(1) Subject to the provisions of subsection (2) of this section, two or more persons charged with criminal conspiracy may be prosecuted jointly if:

(a) They are charged with conspiring with one another; or

(b) They are charged with being involved in conspiracies that are so related as to constitute different aspects of a scheme of organized criminal conduct. In such case it is immaterial that the persons charged are not parties to the same conspiracy.

(2) In any joint prosecution under subsection (1) of this section:

(a) No defendant shall be charged with a conspiracy in any judicial district other than one in which he entered into the conspiracy or in which an overt act pursuant to such conspiracy was done by him or by a person with whom he conspired; and

(b) Neither the liability of any defendant nor the admissibility against him of evidence of acts or declarations of another shall be enlarged by this joinder; and

(c) The court shall order a severance or take a special verdict as to any defendant who so requests, if it deems it necessary or appropriate to promote the fair determination of his guilt or innocence.

C.R.S.A. § 18-2-203

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 2. Inchoate Offenses (Refs & Annos)

Part 2. Criminal Conspiracy (Refs & Annos)

§ 18-2-203. Renunciation of criminal purpose

It is an affirmative defense to a charge of conspiracy that the offender, after conspiring to commit a crime, thwarted the success of the conspiracy, under circumstances manifesting a complete and voluntary renunciation of his criminal intent.

C.R.S.A. § 18-2-204

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 2. Inchoate Offenses (Refs & Annos)

Part 2. Criminal Conspiracy (Refs & Annos)

§ 18-2-204. Duration of conspiracy

(1) Conspiracy is a continuing course of conduct which terminates when the crime or crimes which are its object are committed or the agreement that they be committed is abandoned by the defendant and by those with whom he conspired.

(2) Abandonment is presumed if neither the defendant nor anyone with whom he conspired does any overt act in pursuance of the conspiracy during the applicable period of limitation.

(3) If an individual abandons the agreement, the conspiracy is terminated as to him only if and when he gives timely notice to those with whom he conspired of his abandonment and the notice is evidenced by circumstances corroborating the giving of the same, or he informs the law enforcement authorities, having jurisdiction, of the existence of the conspiracy and of his participation therein.

C.R.S.A. § 18-2-205

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 2. Inchoate Offenses (Refs & Annos)

Part 2. Criminal Conspiracy (Refs & Annos)

§ 18-2-205. Incapacity, irresponsibility, or immunity of party to conspiracy

(1) It is immaterial to the liability of a person who conspires with another to commit a crime that:

(a) He or the person with whom he conspires does not occupy a particular position or have a particular characteristic which is an element of the crime, if he believes that one of them does; or

(b) The person with whom he conspires is irresponsible or has an immunity to prosecution or conviction for the commission of the crime.

C.R.S.A. § 18-2-206

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West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 2. Inchoate Offenses (Refs & Annos)

Part 2. Criminal Conspiracy (Refs & Annos)

§ 18-2-206. Penalties for criminal conspiracy--when convictions barred

(1) Conspiracy to commit a class 1 felony is a class 2 felony; conspiracy to commit a class 2 felony is a class 3 felony; conspiracy to commit a class 3 felony is a class 4 felony; conspiracy to commit a class 4 felony is a class 5 felony; conspiracy to commit a class 5 or 6 felony is a class 6 felony.

(2) A person may not be convicted of conspiracy to commit an offense if he is acquitted of the offense which is the object of the conspiracy where the sole evidence of conspiracy is the evidence establishing the commission of the offense which is the object of the conspiracy.

(3) If the particular conduct charged to constitute a criminal conspiracy is so inherently unlikely to result or culminate in the commission of a crime that neither that conduct nor the offender presents a public danger warranting the grading of the offense under this section, the court may enter judgment and impose sentence for a crime of a lesser class or, in extreme cases, may dismiss the prosecution.

(4) Conspiracy to commit a class 1 misdemeanor is a class 2 misdemeanor.

(5) Conspiracy to commit a misdemeanor other than a class 1 misdemeanor is a class 3 misdemeanor.

(6) Conspiracy to commit a petty offense is a crime of the same class as the offense itself.

CREDIT(S)

Amended by Laws 1975, H.B.1203, § 4; Laws 1989, 1st Ex.Sess., S.B.6, § 13.

C.R.S.A. T. 18, Art. 2, Pt. 3, Refs & Annos

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 2. Inchoate Offenses

Part 3. Criminal Solicitation

C.R.S.A. § 18-2-301

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West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 2. Inchoate Offenses (Refs & Annos)

Part 3. Criminal Solicitation (Refs & Annos)

§ 18-2-301. Criminal solicitation

(1) Except as to bona fide acts of persons authorized by law to investigate and detect the commission of offenses by others, a person is guilty of criminal solicitation if he or she commands, induces, entreats, or otherwise attempts to persuade another person, or offers his or her services or another's services to a third person, to commit a felony, whether as principal or accomplice, with intent to promote or facilitate the commission of that crime, and under circumstances strongly corroborative of that intent.

(2) It is a defense to a prosecution under this section that, if the criminal object were achieved, the defendant would be the sole victim of the offense or the offense is so defined that his conduct would be inevitably incident to its commission or he otherwise would not be guilty under the statute defining the offense or under section 18-1-603 dealing with complicity.

(3) It is no defense to a prosecution under this section that the person solicited could not be guilty of the offense because of lack of responsibility or culpability, or other incapacity.

(4) It is an affirmative defense to a prosecution under this section that the defendant, after soliciting another person to commit a felony, persuaded him not to do so or otherwise prevented the commission of the felony, under circumstances manifesting a complete and voluntary renunciation of the defendant's criminal intent.

(5) Criminal solicitation is subject to the penalties provided for criminal attempt in section 18-2-101.

CREDIT(S)

Amended by Laws 1998, Ch. 314, § 29, eff. July 1, 1998.

C.R.S.A. T. 18, Art. 2, Pt. 4, Refs & Annos

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 2. Inchoate Offenses

Part 4. Renunciation and Abandonment

C.R.S.A. § 18-2-401

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 2. Inchoate Offenses (Refs & Annos)

Part 4. Renunciation and Abandonment (Refs & Annos)

§ 18-2-401. Nonavailability of defenses

(1) Renunciation and abandonment are not voluntary and complete so as to be a defense to prosecution under this article if they are motivated in whole or in part by:

(a) A belief that a circumstance exists which increases the probability of detection or apprehension of the defendant or another or which makes more difficult the consummation of the crime; or

(b) A decision to postpone the crime until another time or to substitute another victim or another but similar objective.

C.R.S.A. T. 18, Art. 3, Refs & Annos

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 3. Offenses Against the Person

C.R.S.A. T. 18, Art. 3, Pt. 1, Refs & Annos

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 3. Offenses Against the Person

Part 1. Homicide and Related Offenses

C.R.S.A. § 18-3-101

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 1. Homicide and Related Offenses (Refs & Annos)

§ 18-3-101. Definition of terms

As used in this part 1, unless the context otherwise requires:

(1) “Homicide” means the killing of a person by another.

(2) “Person”, when referring to the victim of a homicide, means a human being who had been born and was alive at the time of the homicidal act.

(2.5) One in a “position of trust” includes, but is not limited to, any person who is a parent or acting in the place of a parent and charged with any of a parent's rights, duties, or responsibilities concerning a child, including a guardian or someone otherwise responsible for the general supervision of a child's welfare, or a person who is charged with any duty or responsibility for the health, education, welfare, or supervision of a child, including foster care, child care, family care, or institutional care, either independently or through another, no matter how brief, at the time of an unlawful act.

(3) The term “after deliberation” means not only intentionally but also that the decision to commit the act has been made after the exercise of reflection and judgment concerning the act. An act committed after deliberation is never one which has been committed in a hasty or impulsive manner.

CREDIT(S)

Amended by Laws 1974, S.B.46, § 1; Laws 1995, H.B.95-1109, § 1, eff. July 1, 1995.

C.R.S.A. § 18-3-102

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 1. Homicide and Related Offenses (Refs & Annos)

§ 18-3-102. Murder in the first degree

(1) A person commits the crime of murder in the first degree if:

(a) After deliberation and with the intent to cause the death of a person other than himself, he causes the death of that person or of another person; or

(b) Acting either alone or with one or more persons, he or she commits or attempts to commit arson, robbery, burglary, kidnapping, sexual assault as prohibited by section 18-3-402, sexual assault in the first or second degree as prohibited by section 18-3-402 or 18-3-403 as those sections existed prior to July 1, 2000, or a class 3 felony for sexual assault on a child as provided in section 18-3-405(2), or the crime of escape as provided in section 18-8-208, and, in the course of or in furtherance of the crime that he or she is committing or attempting to commit, or of immediate flight therefrom, the death of a person, other than one of the participants, is caused by anyone; or

(d) Under circumstances evidencing an attitude of universal malice manifesting extreme indifference to the value of human life generally, he knowingly engages in conduct which creates a grave risk of death to a person, or persons, other than himself, and thereby causes the death of another; or

(e) He or she commits unlawful distribution, dispensation, or sale of a controlled substance to a person under the age of eighteen years on school grounds as provided in section 18-18-407(2), and the death of such person is caused by the use of such controlled substance; or

(f) The person knowingly causes the death of a child who has not yet attained twelve years of age and the person committing the offense is one in a position of trust with respect to the victim.

(2) It is an affirmative defense to a charge of violating subsection (1)(b) of this section that the defendant:

(a) Was not the only participant in the underlying crime; and

(b) Did not commit the homicidal act or in any way solicit, request, command, importune, cause, or aid the commission thereof; and

(d) Had no reasonable ground to believe that any other participant was armed with such a weapon, instrument, article, or substance; and

(e) Did not engage himself in or intend to engage in and had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death or serious bodily injury; and

(f) Endeavored to disengage himself from the commission of the underlying crime or flight therefrom immediately upon having reasonable grounds to believe that another participant is armed with a deadly weapon, instrument, article, or substance, or intended to engage in conduct likely to result in death or serious bodily injury.

(3) Murder in the first degree is a class 1 felony.

(4) The statutory privilege between patient and physician and between husband and wife shall not be available for excluding or refusing testimony in any prosecution for the crime of murder in the first degree as described in paragraph (f) of subsection (1) of this section.

CREDIT(S)

Amended by Laws 1974, S.B.46, § 2; Laws 1975, H.B.1042, § 5; Laws 1975, H.B.1203, § 5; Laws 1977, H.B.1654, § 5; Laws 1981, S.B.183, § 4; Laws 1988, H.B.1200, § 16; Laws 1990, S.B.90-121, § 2, eff. July 1, 1990; Laws 1992, H.B.92-1015, § 20, eff. July 1, 1992; Laws 1995, H.B.95-1109, §§ 2, 3, eff. July 1, 1995; Laws 1997, H.B.97-1077, § 11, eff. July 1, 1997; Laws 2000, Ch. 171, § 28, eff. July 1, 2000.

C.R.S.A. § 18-3-103

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 1. Homicide and Related Offenses (Refs & Annos)

§ 18-3-103. Murder in the second degree

(1) A person commits the crime of murder in the second degree if the person knowingly causes the death of a person.

(2) Diminished responsibility due to self-induced intoxication is not a defense to murder in the second degree.

(2.5) Deleted by Laws 1996, H.B.96-1087, § 12, eff. July 1, 1996.

(3)(a) Except as otherwise provided in paragraph (b) of this subsection (3), murder in the second degree is a class 2 felony.

(b) Notwithstanding the provisions of paragraph (a) of this subsection (3), murder in the second degree is a class 3 felony where the act causing the death was performed upon a sudden heat of passion, caused by a serious and highly provoking act of the intended victim, affecting the defendant sufficiently to excite an irresistible passion in a reasonable person; but, if between the provocation and the killing there is an interval sufficient for the voice of reason and humanity to be heard, the killing is a class 2 felony.

(4) A defendant convicted pursuant to subsection (1) of this section shall be sentenced by the court in accordance with the provisions of section 18-1.3-406.

CREDIT(S)

Amended by Laws 1975, H.B.1122, § 1; Laws 1977, H.B.1654, §§ 6, 67; Laws 1986, H.B.1008, § 1; Laws 1995, H.B.95-1109, § 5, eff. July 1, 1995; Laws 1996, H.B.96-1087, § 12, eff. July 1, 1996; Laws 2002, Ch. 318, § 184, eff. Oct. 1, 2002.

C.R.S.A. § 18-3-104

Effective: August 8, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 1. Homicide and Related Offenses (Refs & Annos)

§ 18-3-104. Manslaughter

(1) A person commits the crime of manslaughter if:

(a) Such person recklessly causes the death of another person; or

(b) Such person intentionally causes or aids another person to commit suicide.

(2) Manslaughter is a class 4 felony.

(3) This section shall not apply to a person, including a proxy decision-maker as such person is described in section 15-18.5-103, C.R.S., who complies with any advance medical directive in accordance with the provisions of title 15, C.R.S., including a medical durable power of attorney, a living will, or a cardiopulmonary resuscitation (CPR) directive.

(4)(a) This section shall not apply to a medical caregiver with prescriptive authority or authority to administer medication who prescribes or administers medication for palliative care to a terminally ill patient with the consent of the terminally ill patient or his or her agent.

(b) For purposes of this subsection (4):

(I) “Agent” means a person appointed to represent the interests of the terminally ill patient by a medical power of attorney, power of attorney, health care proxy, or any other similar statutory or regular procedure used for designation of such person.

(II) “Medical caregiver” means a physician, registered nurse, nurse practitioner, physician assistant, or anesthesiologist assistant licensed by this state.

(III) “Palliative care” means medical care and treatment provided by a licensed medical caregiver to a patient with an advanced chronic or terminal illness whose condition may not be responsive to curative treatment and who is, therefore, receiving treatment that relieves pain and suffering and supports the best possible quality of his or her life.

(c) Paragraph (a) of this subsection (4) shall not be interpreted to permit a medical caregiver to assist in the suicide of the patient.

CREDIT(S)

Amended by Laws 1975, H.B.1146, § 1; Laws 1975, H.B.1203, § 6; Laws 1979, H.B.1110, § 3; Laws 1986, H.B.1230, § 4; Laws 1993, H.B.93-1302, § 13, eff. July 1, 1993; Laws 1994, S.B.94-142, § 3, eff. May 4, 1994; Laws 1996, H.B.96-1087, § 13, eff. July 1, 1996; Laws 2006, Ch. 100, § 1, eff. July 1, 2006; Laws 2012, Ch. 238, § 15, eff. Aug. 8, 2012.

C.R.S.A. § 18-3-105

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 1. Homicide and Related Offenses (Refs & Annos)

§ 18-3-105. Criminally negligent homicide

Any person who causes the death of another person by conduct amounting to criminal negligence commits criminally negligent homicide which is a class 5 felony.

CREDIT(S)

Amended by Laws 1977, H.B.1654, § 7. Repealed and reenacted by Laws 1981, S.B.183, § 5. Amended by Laws 1985, H.B.1039, § 1.

C.R.S.A. § 18-3-106

Effective: July 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 1. Homicide and Related Offenses (Refs & Annos)

§ 18-3-106. Vehicular homicide

(1)(a) If a person operates or drives a motor vehicle in a reckless manner, and such conduct is the proximate cause of the death of another, such person commits vehicular homicide.

(b)(I) If a person operates or drives a motor vehicle while under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, and such conduct is the proximate cause of the death of another, such person commits vehicular homicide. This is a strict liability crime.

(II) For the purposes of this subsection (1), one or more drugs shall mean all substances defined as a drug in section 27-80-203(13), C.R.S., and all controlled substances defined in section 18-18-102(5), and glue-sniffing, aerosol inhalation, or the inhalation of any other toxic vapor or vapors as defined in section 18-18-412.

(III) The fact that any person charged with a violation of this subsection (1) is or has been entitled to use one or more drugs under the laws of this state shall not constitute a defense against any charge of violating this subsection (1).

(IV) “Driving under the influence” means driving a vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, which alcohol alone, or one or more drugs alone, or alcohol combined with one or more drugs affect such person to a degree that such person is substantially incapable, either mentally or physically, or both mentally and physically, of exercising clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

(c) Vehicular homicide, in violation of paragraph (a) of this subsection (1), is a class 4 felony. Vehicular homicide, in violation of paragraph (b) of this subsection (1), is a class 3 felony.

(2) In any prosecution for a violation of subsection (1) of this section, the amount of alcohol in the defendant's blood or breath at the time of the commission of the alleged offense, or within a reasonable time thereafter, as shown by analysis of the defendant's blood or breath, shall give rise to the following presumptions:

(a) If there was at such time 0.05 or less grams of alcohol per one hundred milliliters of blood, or if there was at such time 0.05 or less grams of alcohol per two hundred ten liters of breath, it shall be presumed that the defendant was not under the influence of alcohol.

(b) If there was at such time in excess of 0.05 but less than 0.08 grams of alcohol per one hundred milliliters of blood, or if there was at such time in excess of 0.05 but less than 0.08 grams of alcohol per two hundred ten liters of breath, such fact may be considered with other competent evidence in determining whether or not the defendant was under the influence of alcohol.

(c) If there was at such time 0.08 or more grams of alcohol per one hundred milliliters of blood, or if there was at such time 0.08 or more grams of alcohol per two hundred ten liters of breath, it shall be presumed that the defendant was under the influence of alcohol.

(3) The limitations of subsection (2) of this section shall not be construed as limiting the introduction, reception, or consideration of any other competent evidence bearing upon the question of whether or not the defendant was under the influence of alcohol.

(4)(a) If a law enforcement officer has probable cause to believe that any person was driving a motor vehicle in violation of paragraph (b) of subsection (1) of this section, the person, upon the request of the law enforcement officer, shall take, and complete, and cooperate in the completing of any test or tests of the person's blood, breath, saliva, or urine for the purpose of determining the alcoholic or drug content within his or her system. The type of test or tests shall be determined by the law enforcement officer requiring the test or tests. If the person refuses to take, or to complete, or to cooperate in the completing of any test or tests, the test or tests may be performed at the direction of a law enforcement officer having probable cause, without the person's authorization or consent. If any person refuses to take or complete, or cooperate in the taking or completing of any test or tests required by this paragraph (a), the person shall be subject to license revocation pursuant to the provisions of section 42-2-126(3), C.R.S. When the test or tests show that the amount of alcohol in a person's blood was in violation of the limits provided for in section 42-2-126(3)(a), (3)(b), (3)(d), or (3)(e), C.R.S., the person shall be subject to license revocation pursuant to the provisions of section 42-2-126, C.R.S.

(b) Any person who is required to submit to testing shall cooperate with the person authorized to obtain specimens of his blood, breath, saliva, or urine, including the signing of any release or consent forms required by any person, hospital, clinic, or association authorized to obtain such specimens. If such person does not cooperate with the person, hospital, clinic, or association authorized to obtain such specimens, including the signing of any release or consent forms, such noncooperation shall be considered a refusal to submit to testing.

(c) The tests shall be administered at the direction of a law enforcement officer having probable cause to believe that the person committed a violation of subparagraph (I) of paragraph (b) of subsection (1) of this section and in accordance with rules and regulations prescribed by the state board of health concerning the health of the person being tested and the accuracy of such testing. Strict compliance with such rules and regulations shall not be a prerequisite to the admissibility of test results at trial unless the court finds that the extent of noncompliance with a board of health rule has so impaired the validity and reliability of the testing method and the test results as to render the evidence inadmissible. In all other circumstances, failure to strictly comply with such rules and regulations shall only be considered in the weight to be given to the test results and not to the admissibility of such test results. It shall not be a prerequisite to the admissibility of test results at trial that the prosecution present testimony concerning the composition of any kit used to obtain blood, urine, saliva, or breath specimens. A sufficient evidentiary foundation concerning the compliance of such kits with the rules and regulations of the department of public health and environment shall be established by the introduction of a copy of the manufacturer's or supplier's certificate of compliance with such rules and regulations if such certificate specifies the contents, sterility, chemical makeup, and amounts of chemicals contained in such kit.

(d) No person except a physician, a registered nurse, a paramedic as certified in part 2 of article 3.5 of title 25, C.R.S., an emergency medical service provider as defined in part 1 of article 3.5 of title 25, C.R.S., or a person whose normal duties include withdrawing blood samples under the supervision of a physician or registered nurse is entitled to withdraw blood for the purpose of determining the alcoholic or drug content of the blood for purposes of this section. In a trial for a violation of paragraph (b) of subsection (1) of this section, testimony of a law enforcement officer that he or she witnessed the taking of a blood specimen by a person who he or she reasonably believed was authorized to withdraw blood specimens is sufficient evidence that the person was authorized, and testimony from the person who obtained the blood specimens concerning the person's authorization to obtain blood specimens is not a prerequisite to the admissibility of test results concerning the blood specimens obtained. No civil liability shall attach to any person authorized to obtain blood, breath, saliva, or urine specimens or to any hospital, clinic, or association in or for which such specimens are obtained pursuant to this subsection (4) as a result of the act of obtaining the specimens from a person if the specimens were obtained according to the rules prescribed by the state board of health; except that such provision does not relieve the person from liability for negligence in obtaining any specimen sample.

(e) Any person who is dead or unconscious shall be tested to determine the alcohol or drug content of his blood or any drug content of his system as provided in this subsection (4). If a test cannot be administered to a person who is unconscious, hospitalized, or undergoing medical treatment because the test would endanger the person's life or health, the law enforcement agency shall be allowed to test any blood, urine, or saliva which was obtained and not utilized by a health care provider and shall have access to that portion of the analysis and results of any tests administered by such provider which shows the alcohol or drug content of the person's blood or any drug content within his system. Such test results shall not be considered privileged communications and the provisions of section 13-90-107, C.R.S., relating to the physician-patient privilege shall not apply. Any person who is dead, in addition to the tests prescribed, shall also have his blood checked for carbon monoxide content and for the presence of drugs, as prescribed by the department of public health and environment. Such information obtained shall be made a part of the accident report.

(f) If a person refuses to take, or to complete, or to cooperate in the completing of any test or tests as provided in this subsection (4) and such person subsequently stands trial for a violation of subsection (1)(b) of this section, the refusal to take or to complete, or to cooperate with the completing of any test or tests shall be admissible into evidence at the trial, and a person may not claim the privilege against self-incrimination with regard to the admission of his refusal to take, or to complete, or to cooperate with the completing of any test or tests.

(g) Notwithstanding any provision in section 42-4-1301.1, C.R.S., concerning requirements which relate to the manner in which tests are administered, the test or tests taken pursuant to the provisions of this section may be used for the purposes of driver's license revocation proceedings under section 42-2-126, C.R.S., and for the purposes of prosecutions for violations of section 42-4-1301(1) or (2), C.R.S.

(5) In all actions, suits, and judicial proceedings in any court of this state concerning alcohol-related or drug-related traffic offenses, the court shall take judicial notice of methods of testing a person's alcohol or drug level and of the design and operation of devices, as certified by the department of public health and environment, for testing a person's blood, breath, saliva, or urine to determine his alcohol or drug level. This subsection (5) shall not prevent the necessity of establishing during a trial that the testing devices used were working properly and that such testing devices were properly operated. Nothing in this subsection (5) shall preclude a defendant from offering evidence concerning the accuracy of testing devices.

CREDIT(S)

Amended by Laws 1975, S.B.168, § 1; Laws 1977, H.B.1654, § 8; Laws 1981, S.B.511, § 4; Laws 1983, H.B.1287, § 17; Laws 1988, S.B.109, § 5; Laws 1989, H.B.1289, §§ 1, 2; Laws 1993, H.B.93-1088, § 13, eff. July 1, 1993; Laws 1993, H.B.93-1302, § 14, eff. July 1, 1993; Laws 1994, H.B.94-1029, § 356, eff. July 1, 1994; Laws 1994, S.B.94-1, § 40, eff. Jan. 1, 1995; Laws 1997, H.B.97-1301, § 18, eff. July 1, 1997; Laws 2002, Ch. 342, § 4, eff. July 1, 2002; Laws 2004, Ch. 236, § 3, eff. July 1, 2004; Laws 2008, Ch. 79, § 3, eff. July 1, 2008; Laws 2012, Ch. 271, § 12, eff. July 1, 2012; Laws 2012, Ch. 281, § 38, eff. July 1, 2012.

C.R.S.A. § 18-3-107

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 1. Homicide and Related Offenses (Refs & Annos)

§ 18-3-107. First degree murder of a peace officer or firefighter--legislative declaration

(1) A person who commits murder in the first degree, as defined in section 18-3-102, and the victim is a peace officer or firefighter engaged in the performance of his or her duties, commits the felony crime of first degree murder of a peace officer or firefighter.

(2) As used in this section, “peace officer or firefighter engaged in the performance of his or her duties” means a peace officer as described in section 16-2.5-101, C.R.S., or a firefighter, as defined in section 18-3-201(1), who is engaged or acting in, or who is present for the purpose of engaging or acting in, the performance of any duty, service, or function imposed, authorized, required, or permitted by law to be performed by a peace officer or firefighter, whether or not the peace officer or firefighter is within the territorial limits of his or her jurisdiction, if the peace officer or firefighter is in uniform or the person committing an assault upon or offense against or otherwise acting toward such peace officer or firefighter knows or reasonably should know that the victim is a peace officer or firefighter.

(3) A person convicted of first degree murder of a peace officer or firefighter shall be punished by life imprisonment without the possibility of parole for the rest of his or her natural life, unless a proceeding held to determine sentence according to the procedure set forth in section 18-1.3-1201, 18-1.3-1302, or 18-1.4-102 results in a verdict that requires imposition of the death penalty, in which event such person shall be sentenced to death. Nothing in this subsection (3) shall be construed as limiting the power of the governor to grant reprieves, commutations, and pardons pursuant to section 7 of article IV of the Colorado constitution.

(4) In the event the death penalty as provided for in this section is held to be unconstitutional by the Colorado supreme court or the United States supreme court, a person convicted of first degree murder of a peace officer or firefighter under subsection (1) of this section shall be punished by life imprisonment without the possibility of parole. In such circumstance, the court which previously sentenced a person to death shall cause such person to be brought before the court, and the court shall sentence such person to life imprisonment without the possibility of parole.

(5) The general assembly recognizes that protection of peace officers and firefighters from crime is a major concern of our state because society depends on peace officers and firefighters for protection against crime and other dangers and because peace officers and firefighters are disproportionately damaged by crime because their duty to protect society often places them in dangerous circumstances. Society as a whole benefits from affording special protection to peace officers and firefighters because such protection deters crimes against them and allows them to better serve and protect our state. The general assembly therefore finds that the penalties for first degree murder of a peace officer or firefighter should be more severe than the penalty for first degree murder of other members of society.

CREDIT(S)

Added by Laws 1988, H.B.1165, § 5. Amended by Laws 1995, S.B.95-54, § 4, eff. July 1, 1995; Laws 1997, H.B.97-1220, § 13, eff. Aug. 6, 1997; Laws 2002, Ch. 318, § 185, eff. Oct. 1, 2002; Laws 2002, 3rd Ex.Sess., Ch. 1, §§ 9, 10, eff. July 12, 2002; Laws 2003, Ch. 242, § 45, eff. Aug. 6, 2003.

C.R.S.A. T. 18, Art. 3, Pt. 2, Refs & Annos

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 3. Offenses Against the Person

Part 2. Assaults

C.R.S.A. § 18-3-201

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 2. Assaults (Refs & Annos)

§ 18-3-201. Definitions

As used in sections 18-3-201 to 18-3-203, unless the context otherwise requires:

(1) “Firefighter” means an officer or member of a fire department or fire protection or fire-fighting agency of the state, or any municipal or quasi-municipal corporation in this state, whether that person is a volunteer or receives compensation for services rendered as such firefighter.

(2) “Peace officer or firefighter engaged in the performance of his or her duties” means a peace officer, as described in section 16-2.5-101, C.R.S., or firefighter who is engaged or acting in, or who is present for the purpose of engaging or acting in, the performance of any duty, service, or function imposed, authorized, required, or permitted by law to be performed by a peace officer or firefighter, whether or not the peace officer or firefighter is within the territorial limits of his or her jurisdiction, if the peace officer or firefighter is in uniform or the person committing an assault upon or offense against or otherwise acting toward such peace officer or firefighter knows or reasonably should know that the victim is a peace officer or firefighter. For the purposes of this subsection (2) and this part 2, the term “peace officer” shall include county enforcement personnel designated pursuant to section 29-7-101(3), C.R.S.

CREDIT(S)

Amended by Laws 1996, H.B.96-1287, § 2, eff. May 1, 1996; Laws 1997, H.B.97-1220, § 14, eff. Aug. 6, 1997; Laws 2003, Ch. 242, § 62, eff. Aug. 6, 2003.

C.R.S.A. § 18-3-202

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 2. Assaults (Refs & Annos)

§ 18-3-202. Assault in the first degree

(1) A person commits the crime of assault in the first degree if:

(a) With intent to cause serious bodily injury to another person, he causes serious bodily injury to any person by means of a deadly weapon; or

(b) With intent to disfigure another person seriously and permanently, or to destroy, amputate, or disable permanently a member or organ of his body, he causes such an injury to any person; or

(c) Under circumstances manifesting extreme indifference to the value of human life, he knowingly engages in conduct which creates a grave risk of death to another person, and thereby causes serious bodily injury to any person; or

(d) Repealed by Laws 1995, H.B.95-1070, § 6, eff. July 1, 1995.

(e) With intent to cause serious bodily injury upon the person of a peace officer or firefighter, he or she threatens with a deadly weapon a peace officer or firefighter engaged in the performance of his or her duties, and the offender knows or reasonably should know that the victim is a peace officer or firefighter acting in the performance of his or her duties; or

(e.5) With intent to cause serious bodily injury upon the person of a judge of a court of competent jurisdiction or an officer of said court, he threatens with a deadly weapon a judge of a court of competent jurisdiction or an officer of said court, and the offender knows or reasonably should know that the victim is a judge of a court of competent jurisdiction or an officer of said court; or

(f) While lawfully confined or in custody as a result of being charged with or convicted of a crime or as a result of being charged as a delinquent child or adjudicated as a delinquent child and with intent to cause serious bodily injury to a person employed by or under contract with a detention facility, as defined in section 18-8-203(3), or to a person employed by the division in the department of human services responsible for youth services and who is a youth services counselor or is in the youth services worker classification series, he or she threatens with a deadly weapon such a person engaged in the performance of his or her duties and the offender knows or reasonably should know that the victim is such a person engaged in the performance of his or her duties while employed by or under contract with a detention facility or while employed by the division in the department of human services responsible for youth services. A sentence imposed pursuant to this paragraph (f) shall be served in the department of corrections and shall run consecutively with any sentences being served by the offender. A person who participates in a work release program, a furlough, or any other similar authorized supervised or unsupervised absence from a detention facility, as defined in section 18-8-203(3), and who is required to report back to the detention facility at a specified time shall be deemed to be in custody.

(2)(a) If assault in the first degree is committed under circumstances where the act causing the injury is performed upon a sudden heat of passion, caused by a serious and highly provoking act of the intended victim, affecting the person causing the injury sufficiently to excite an irresistible passion in a reasonable person, and without an interval between the provocation and the injury sufficient for the voice of reason and humanity to be heard, it is a class 5 felony.

(b) If assault in the first degree is committed without the circumstances provided in paragraph (a) of this subsection (2), it is a class 3 felony.

(c) If a defendant is convicted of assault in the first degree pursuant to subsection (1) of this section, the court shall sentence the defendant in accordance with the provisions of section 18-1.3-406.

(d) Repealed by Laws 1995, H.B.95-1070, § 6, eff. July 1, 1995.

CREDIT(S)

Amended by Laws 1975, H.B.1042, § 6; Laws 1975, H.B.1203, § 7; Laws 1976, H.B.1001, § 1; Laws 1977, H.B.1654, § 9; Laws 1979, S.B.189, § 1; Laws 1981, S.B.183, § 6; Laws 1986, H.B.1008, § 2; Laws 1986, H.B.1230, § 5; Laws 1986, H.B.1236, § 1; Laws 1990, H.B.90-1255, §§ 7, 8, eff. April 24, 1990; Laws 1990, S.B.90-58, § 1, eff. April 5, 1990; Laws 1994, H.B.94-1029, § 137, eff. July 1, 1994; Laws 1995, H.B.95-1070, § 6, eff. July 1, 1995; Laws 1997, H.B.97-1077, § 13, eff. July 1, 1997; Laws 1997, H.B.97-1220, § 15, eff. Aug. 6, 1997; Laws 1998, Ch. 314, § 25, eff. July 1, 1998; Laws 2002, Ch. 318, § 186, eff. Oct. 1, 2002; Laws 2003, Ch. 199, § 16, eff. April 29, 2003.

C.R.S.A. § 18-3-203

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 2. Assaults (Refs & Annos)

§ 18-3-203. Assault in the second degree

(1) A person commits the crime of assault in the second degree if:

(a) Repealed by Laws 1994, H.B.94-1126, § 8, eff. July 1, 1994.

(b) With intent to cause bodily injury to another person, he or she causes such injury to any person by means of a deadly weapon; or

(c) With intent to prevent one whom he or she knows, or should know, to be a peace officer or firefighter from performing a lawful duty, he or she intentionally causes bodily injury to any person; or

(d) He recklessly causes serious bodily injury to another person by means of a deadly weapon; or

(e) For a purpose other than lawful medical or therapeutic treatment, he intentionally causes stupor, unconsciousness, or other physical or mental impairment or injury to another person by administering to him, without his consent, a drug, substance, or preparation capable of producing the intended harm; or

(f) While lawfully confined or in custody, he or she knowingly and violently applies physical force against the person of a peace officer or firefighter engaged in the performance of his or her duties, or a judge of a court of competent jurisdiction, or an officer of said court, or, while lawfully confined or in custody as a result of being charged with or convicted of a crime or as a result of being charged as a delinquent child or adjudicated as a delinquent child, he or she knowingly and violently applies physical force against a person engaged in the performance of his or her duties while employed by or under contract with a detention facility, as defined in section 18-8-203(3), or while employed by the division in the department of human services responsible for youth services and who is a youth services counselor or is in the youth services worker classification series, and the person committing the offense knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, or a judge of a court of competent jurisdiction, or an officer of said court, or a person engaged in the performance of his or her duties while employed by or under contract with a detention facility or while employed by the division in the department of human services responsible for youth services. A sentence imposed pursuant to this paragraph (f) shall be served in the department of corrections and shall run consecutively with any sentences being served by the offender; except that, if the offense is committed against a person employed by the division in the department of human services responsible for youth services, the court may grant probation or a suspended sentence in whole or in part, and such sentence may run concurrently or consecutively with any sentences being served. A person who participates in a work release program, a furlough, or any other similar authorized supervised or unsupervised absence from a detention facility, as defined in section 18-8-203(3), and who is required to report back to the detention facility at a specified time shall be deemed to be in custody.

(f.5)(I) While lawfully confined in a detention facility within this state, a person with intent to infect, injure, harm, harass, annoy, threaten, or alarm a person in a detention facility whom the actor knows or reasonably should know to be an employee of a detention facility, causes such employee to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or any toxic, caustic, or hazardous material by any means, including but not limited to throwing, tossing, or expelling such fluid or material.

(II)(A) Any adult or juvenile who is bound over for trial for the offense described in subparagraph (I) of this paragraph (f.5) subsequent to a preliminary hearing or after having waived the right to a preliminary hearing, any person who is indicted for or is convicted of any such offense, or any person who is determined to have provided blood, seminal fluid, urine, feces, saliva, mucus, or vomit to a person bound over for trial for, indicted for, or convicted of such an offense shall be ordered by the court to submit to a medical test for communicable diseases and to supply blood, feces, urine, saliva, or other bodily fluid required for the test. The results of such test shall be reported to the court or the court's designee, who shall then disclose the results to any victim of the offense who requests such disclosure. Review and disclosure of medical test results by the court shall be closed and confidential, and any transaction records relating thereto shall also be closed and confidential. If a person subject to a medical test for communicable diseases pursuant this sub-subparagraph (A) voluntarily submits to a medical test for communicable diseases, the fact of such person's voluntary submission shall be admissible in mitigation of sentence if the person is convicted of the charged offense.

(B) In addition to any other penalty provided by law, the court may order any person who is convicted of the offense described in subparagraph (I) of this paragraph (f.5) to meet all or any portion of the financial obligations of medical tests performed on and treatment prescribed for the victim or victims of the offense.

(C) At the time of sentencing, the court may order that an offender described in sub-subparagraph (B) of this subparagraph (II) be put on a period of probation for the purpose of paying the testing and treatment costs of the victim or victims; except that the period of probation, when added to any time served, shall not exceed the maximum sentence that can be imposed for the offense.

(III)(A) As used in this paragraph (f.5), “detention facility” means any building, structure, enclosure, vehicle, institution, or place, whether permanent or temporary, fixed or mobile, where persons are or may be lawfully held in custody or confinement under the authority of the state of Colorado or any political subdivision of the state of Colorado.

(B) As used in this paragraph (f.5), “employee of a detention facility” includes employees of the department of corrections, employees of any agency or person operating a detention facility, law enforcement personnel, and any other persons who are present in or in the vicinity of a detention facility and are performing services for a detention facility. “Employee of a detention facility” does not include a person lawfully confined in a detention facility.

(g) With intent to cause bodily injury to another person, he causes serious bodily injury to that person or another.

(2)(a) If assault in the second degree is committed under circumstances where the act causing the injury is performed upon a sudden heat of passion, caused by a serious and highly provoking act of the intended victim, affecting the person causing the injury sufficiently to excite an irresistible passion in a reasonable person, and without an interval between the provocation and the injury sufficient for the voice of reason and humanity to be heard, it is a class 6 felony.

(b) If assault in the second degree is committed without the circumstances provided in paragraph (a) of this subsection (2), it is a class 4 felony.

(b.5) Assault in the second degree by any person under subsection (1) of this section without the circumstances provided in paragraph (a) of this subsection (2) is a class 3 felony if the person who is assaulted, other than a participant in the crime, suffered serious bodily injury during the commission or attempted commission of or flight from the commission or attempted commission of murder, robbery, arson, burglary, escape, kidnapping in the first degree, sexual assault, sexual assault in the first or second degree as such offenses existed prior to July 1, 2000, or class 3 felony sexual assault on a child.

(c) If a defendant is convicted of assault in the second degree pursuant to paragraph (b), (c), (d), or (g) of subsection (1) of this section or paragraph (b.5) of this subsection (2), except with respect to sexual assault or sexual assault in the first degree as it existed prior to July 1, 2000, the court shall sentence the defendant in accordance with the provisions of section 18-1.3-406. A defendant convicted of assault in the second degree pursuant to paragraph (b.5) of this subsection (2) with respect to sexual assault or sexual assault in the first degree as it existed prior to July 1, 2000, shall be sentenced in accordance with section 18-1.3-401(8)(e) or (8)(e.5).

CREDIT(S)

Amended by Laws 1976, Ex.Sess., H.B.1001, § 2; Laws 1979, S.B.189, § 2; Laws 1981, S.B.183, § 7; Laws 1986, H.B.1008, § 3; Laws 1986, H.B.1236, § 2; Laws 1988, H.B.1165, § 4; Laws 1990, H.B.90-1255, § 9, eff. April 24, 1990; Laws 1990, S.B.90-58, § 2, eff. April 5, 1990; Laws 1991, H.B.91-1086, § 9, eff. June 6, 1991; Laws 1994, H.B.94-1029, § 138, eff. July 1, 1994; Laws 1994, H.B.94-1126, § 8, eff. July 1, 1994; Laws 1995, H.B.95-1070, § 7, eff. July 1, 1995; Laws 1997, H.B.97-1077, § 14, eff. July 1, 1997; Laws 1997, H.B.97-1186, § 1, eff. July 1, 1997; Laws 1997, H.B.97-1220, § 16, eff. Aug. 6, 1997; Laws 1998, Ch. 314, § 26, eff. July 1, 1998; Laws 2000, Ch. 171, § 3, eff. July 1, 2000; Laws 2002, Ch. 210, § 2, eff. July 1, 2002; Laws 2002, Ch. 318, § 187, eff. Oct. 1, 2002; Laws 2003, Ch. 199, § 17, eff. April 29, 2003.

C.R.S.A. § 18-3-204

Effective: July 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 2. Assaults (Refs & Annos)

§ 18-3-204. Assault in the third degree

(1) A person commits the crime of assault in the third degree if:

(a) The person knowingly or recklessly causes bodily injury to another person or with criminal negligence the person causes bodily injury to another person by means of a deadly weapon; or

(b) The person, with intent to infect, injure, harm, harass, annoy, threaten, or alarm another person whom the actor knows or reasonably should know to be a peace officer, a firefighter, an emergency medical care provider, or an emergency medical service provider, causes the other person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or toxic, caustic, or hazardous material by any means, including throwing, tossing, or expelling the fluid or material.

(2)(a) An adult or juvenile who has had a court find that there is probable cause to believe that he or she has committed an offense pursuant to paragraph (b) of subsection (1) of this section or is convicted of an offense pursuant to paragraph (b) of subsection (1) of this section or any person who is determined to have provided blood, seminal fluid, urine, feces, saliva, mucus, or vomit to a person for whom probable cause has been found or been convicted of such an offense shall be ordered by the court to submit to a medical test for communicable diseases and to supply blood, feces, urine, saliva, or other bodily fluid required for the test. The results of such test shall be reported to the court or the court's designee, who shall then disclose the results to any victim of the offense who requests such disclosure. Review and disclosure of medical test results by the court shall be closed and confidential, and any transaction records relating thereto shall also be closed and confidential. If a person subject to a medical test for communicable diseases pursuant to this subsection (2) voluntarily submits to a medical test for communicable diseases, the fact of the person's voluntary submission shall be admissible in mitigation of sentence if the person is convicted of the charged offense.

(b) In addition to any other penalty provided by law, the court may order any person who is convicted of the offense described in paragraph (b) of subsection (1) of this section to meet all or any portion of the financial obligations of medical tests performed on and treatment prescribed for the victim or victims of the offense.

(3) Assault in the third degree is a class 1 misdemeanor and is an extraordinary risk crime that is subject to the modified sentencing range specified in section 18-1.3-501(3).

(4) “Emergency medical care provider” means a doctor, intern, nurse, nurse's aid, physician's assistant, ambulance attendant or operator, air ambulance pilot, paramedic, or any other member of a hospital or health care facility staff or security force who is involved in providing emergency medical care at a hospital or health care facility, or in an air ambulance or ambulance as defined in section 25-3.5-103(1) and (1.5), C.R.S.

CREDIT(S)

Amended by Laws 1977, H.B.1654, § 10; Laws 2004, Ch. 200, § 4, eff. Aug. 4, 2004; Laws 2009, Ch. 305, § 1, eff. July 1, 2009; Laws 2011, Ch. 250, § 2, eff. Aug. 10, 2011; Laws 2012, Ch. 271, § 13, eff. July 1, 2012.

C.R.S.A. § 18-3-205

Effective: July 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 2. Assaults (Refs & Annos)

§ 18-3-205. Vehicular assault

(1)(a) If a person operates or drives a motor vehicle in a reckless manner, and this conduct is the proximate cause of serious bodily injury to another, such person commits vehicular assault.

(b)(I) If a person operates or drives a motor vehicle while under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, and this conduct is the proximate cause of a serious bodily injury to another, such person commits vehicular assault. This is a strict liability crime.

(c) Vehicular assault, in violation of paragraph (a) of this subsection (1), is a class 5 felony. Vehicular assault, in violation of paragraph (b) of this subsection (1), is a class 4 felony.

(4)(a) If a law enforcement officer has probable cause to believe that any person was driving a motor vehicle in violation of paragraph (b) of subsection (1) of this section, the person, upon the request of the law enforcement officer, shall take, and complete, and cooperate in the completing of any test or tests of the person's blood, breath, saliva, or urine for the purpose of determining the alcoholic or drug content within his or her system. The type of test or tests shall be determined by the law enforcement officer requiring the test or tests. If the person refuses to take, or to complete, or to cooperate in the completing of any test or tests, the test or tests may be performed at the direction of a law enforcement officer having probable cause, without the person's authorization or consent. If any person refuses to take, or to complete, or to cooperate in the taking or completing of any test or tests required by this paragraph (a), the person shall be subject to license revocation pursuant to the provisions of section 42-2-126(3), C.R.S. When the test or tests show that the amount of alcohol in a person's blood was in violation of the limits provided for in section 42-2-126(3)(a), (3)(b), (3)(d), or (3)(e), C.R.S., the person shall be subject to license revocation pursuant to the provisions of section 42-2-126, C.R.S.

(d) No person except a physician, a registered nurse, a paramedic as certified in part 2 of article 3.5 of title 25, C.R.S., an emergency medical service provider as defined in part 1 of article 3.5 of title 25, C.R.S., or a person whose normal duties include withdrawing blood samples under the supervision of a physician or registered nurse is entitled to withdraw blood to determine the alcoholic or drug content of the blood for purposes of this section. In a trial for a violation of paragraph (b) of subsection (1) of this section, testimony of a law enforcement officer that the officer witnessed the taking of a blood specimen by a person who the officer reasonably believed was authorized to withdraw blood specimens is sufficient evidence that the person was authorized, and testimony from the person who obtained the blood specimens concerning the person's authorization to obtain blood specimens is not a prerequisite to the admissibility of test results concerning the blood specimens obtained. No civil liability shall attach to a person authorized to obtain blood, breath, saliva, or urine specimens or to a hospital, clinic, or association in or for which the specimens are obtained in accordance with this subsection (4) as a result of the act of obtaining the specimens from any person if the specimens were obtained according to the rules prescribed by the state board of health; except that the provision does not relieve the person from liability for negligence in obtaining the specimen sample.

(e) Any person who is dead or unconscious shall be tested to determine the alcohol or drug content of his blood or any drug content of his system as provided in this subsection (4). If a test cannot be administered to a person who is unconscious, hospitalized, or undergoing medical treatment because the test would endanger the person's life or health, the law enforcement agency shall be allowed to test any blood, urine, or saliva which was obtained and not utilized by a health care provider and shall have access to that portion of the analysis and results of any tests administered by such provider which shows the alcohol or drug content of the person's blood or any drug content within his system. Such test results shall not be considered privileged communications, and the provisions of section 13-90-107, C.R.S., relating to the physician-patient privilege shall not apply. Any person who is dead, in addition to the tests prescribed, shall also have his blood checked for carbon monoxide content and for the presence of drugs, as prescribed by the department of public health and environment. Such information obtained shall be made a part of the accident report.

(f) If a person refuses to take, or to complete, or to cooperate in the completing of any test or tests as provided in this subsection (4) and such person subsequently stands trial for a violation of subsection (1)(b) of this section, the refusal to take, or to complete, or to cooperate with the completing of any test or tests shall be admissible into evidence at the trial, and a person may not claim the privilege against self-incrimination with regard to the admission of his refusal to take, or to complete, or to cooperate with the completing of any test or tests.

CREDIT(S)

Amended by Laws 1975, S.B.168, § 2; Laws 1977, H.B.1654, § 11; Laws 1981, S.B.511, § 5; Laws 1983, H.B.1287, § 18; Laws 1988, S.B.109, § 6; Laws 1989, H.B.1289, §§ 3, 4; Laws 1993, H.B.93-1088, § 14, eff. July 1, 1993; Laws 1993, H.B.93-1302, § 15, eff. July 1, 1993; Laws 1994, H.B.94-1029, § 357, eff. July 1, 1994; Laws 1994, S.B.94-1, § 41, eff. Jan. 1, 1995; Laws 1997, H.B.97-1301, § 19, eff. July 1, 1997; Laws 2002, Ch. 342, § 5, eff. July 1, 2002; Laws 2004, Ch. 236, § 4, eff. July 1, 2004; Laws 2008, Ch. 79, § 4, eff. July 1, 2008; Laws 2008, Ch. 392, § 57, eff. Aug. 5, 2008; Laws 2012, Ch. 271, § 14, eff. July 1, 2012; Laws 2012, Ch. 281, § 39, eff. July 1, 2012.

C.R.S.A. § 18-3-206

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 2. Assaults (Refs & Annos)

§ 18-3-206. Menacing

(1) A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 3 misdemeanor, but, it is a class 5 felony if committed:

(a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or

(b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.

CREDIT(S)

Amended by Laws 1977, H.B.1654, § 12; Laws 2000, Ch. 171, § 5, eff. July 1, 2000.

C.R.S.A. § 18-3-207

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 2. Assaults (Refs & Annos)

§ 18-3-207. Criminal extortion--aggravated extortion

(1) A person commits criminal extortion if:

(a) The person, without legal authority and with the intent to induce another person against that other person's will to perform an act or to refrain from performing a lawful act, makes a substantial threat to confine or restrain, cause economic hardship or bodily injury to, or damage the property or reputation of, the threatened person or another person; and

(b) The person threatens to cause the results described in paragraph (a) of this subsection (1) by:

(I) Performing or causing an unlawful act to be performed; or

(II) Invoking action by a third party, including but not limited to, the state or any of its political subdivisions, whose interests are not substantially related to the interests pursued by the person making the threat.

(1.5) A person commits criminal extortion if the person, with the intent to induce another person against that other person's will to give the person money or another item of value, threatens to report to law enforcement officials the immigration status of the threatened person or another person.

(2) A person commits aggravated criminal extortion if, in addition to the acts described in subsection (1) of this section, the person threatens to cause the results described in paragraph (a) of subsection (1) of this section by means of chemical, biological, or harmful radioactive agents, weapons, or poison.

(3) For the purposes of this section, “substantial threat” means a threat that is reasonably likely to induce a belief that the threat will be carried out and is one that threatens that significant confinement, restraint, injury, or damage will occur.

(4) Criminal extortion, as described in subsections (1) and (1.5) of this section, is a class 4 felony. Aggravated criminal extortion, as described in subsection (2) of this section, is a class 3 felony.

CREDIT(S)

Amended by Laws 1975, H.B.1203, § 8; Laws 1981, H.B.1167, § 4; Laws 1981, S.B.183, § 8; Laws 1982, S.B.121, § 17. Repealed and reenacted by Laws 1994, S.B.94-202, § 1, eff. May 31, 1994; Laws 2006, 1st Ex.Sess., Ch. 4, § 1, eff. July 31, 2006.

C.R.S.A. § 18-3-208

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 2. Assaults (Refs & Annos)

§ 18-3-208. Reckless endangerment

A person who recklessly engages in conduct which creates a substantial risk of serious bodily injury to another person commits reckless endangerment, which is a class 3 misdemeanor.

C.R.S.A. § 18-3-209

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 2. Assaults (Refs & Annos)

§ 18-3-209. Repealed by Laws 1995, H.B.95-1070, § 8, eff. July 1, 1995

C.R.S.A. T. 18, Art. 3, Pt. 3, Refs & Annos

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 3. Offenses Against the Person

Part 3. Kidnapping

C.R.S.A. § 18-3-301

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 3. Kidnapping (Refs & Annos)

§ 18-3-301. First degree kidnapping

(1) Any person who does any of the following acts with the intent thereby to force the victim or any other person to make any concession or give up anything of value in order to secure a release of a person under the offender's actual or apparent control commits first degree kidnapping:

(a) Forcibly seizes and carries any person from one place to another; or

(b) Entices or persuades any person to go from one place to another; or

(2) Whoever commits first degree kidnapping is guilty of a class 1 felony if the person kidnapped shall have suffered bodily injury; but no person convicted of first degree kidnapping shall suffer the death penalty if the person kidnapped was liberated alive prior to the conviction of the kidnapper.

(3) Whoever commits first degree kidnapping commits a class 2 felony if, prior to his conviction, the person kidnapped was liberated unharmed.

C.R.S.A. § 18-3-302

Effective: July 1, 2007

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 3. Kidnapping (Refs & Annos)

§ 18-3-302. Second degree kidnapping

(1) Any person who knowingly seizes and carries any person from one place to another, without his consent and without lawful justification, commits second degree kidnapping.

(2) Any person who takes, entices, or decoys away any child not his own under the age of eighteen years with intent to keep or conceal the child from his parent or guardian or with intent to sell, trade, or barter such child for consideration commits second degree kidnapping.

(3) Second degree kidnapping is a class 2 felony if any of the following circumstances exist:

(a) The person kidnapped is a victim of a sexual offense pursuant to part 4 of this article; or

(b) The person kidnapped is a victim of a robbery.

(4)(a) Unless it is a class 2 felony under subsection (3) of this section, second degree kidnapping is a class 3 felony if any of the following circumstances exist:

(I) The kidnapping is accomplished with intent to sell, trade, or barter the victim for consideration; or

(II) The kidnapping is accomplished by the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or

(III) The kidnapping is accomplished by the perpetrator representing verbally or otherwise that he or she is armed with a deadly weapon.

(b) A defendant convicted of second degree kidnapping committed under any of the circumstances set forth in this subsection (4) shall be sentenced by the court in accordance with the provisions of section 18-1.3-406.

(5) Second degree kidnapping is a class 4 felony, except as provided in subsections (3) and (4) of this section.

CREDIT(S)

Repealed and reenacted by Laws 1977, H.B.1654, § 13; Laws 1981, H.B.1463, § 1. Amended by Laws 1986, H.B.1008, § 5; Laws 1987, H.B.1044, § 4; Laws 1989, S.B.57, §§ 1, 2; Laws 2000, Ch. 171, § 6, eff. July 1, 2000; Laws 2001, Ch. 243, § 2, eff. July 1, 2001; Laws 2002, Ch. 318, § 188, eff. Oct. 1, 2002; Laws 2003, Ch. 199, § 20, eff. April 29, 2003; Laws 2007, Ch. 383, § 5, eff. July 1, 2007.

C.R.S.A. § 18-3-303

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 3. Kidnapping (Refs & Annos)

§ 18-3-303. False imprisonment

(1) Any person who knowingly confines or detains another without the other's consent and without proper legal authority commits false imprisonment. This section shall not apply to a peace officer acting in good faith within the scope of his or her duties.

(2) False imprisonment is a class 2 misdemeanor; except that false imprisonment is a class 5 felony if:

(a) The person uses force or threat of force to confine or detain the other person; and

(b) The person confines or detains the other person for twelve hours or longer.

CREDIT(S)

Amended by Laws 1977, H.B.1654, § 14; Laws 2002, Ch. 322, § 3, eff. July 1, 2002.

C.R.S.A. § 18-3-304

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 3. Kidnapping (Refs & Annos)

§ 18-3-304. Violation of custody order or order relating to parental responsibilities

(1) Except as otherwise provided in subsection (2.5) of this section, any person, including a natural or foster parent, who, knowing that he or she has no privilege to do so or heedless in that regard, takes or entices any child under the age of eighteen years from the custody or care of the child's parents, guardian, or other lawful custodian or person with parental responsibilities with respect to the child commits a class 5 felony.

(2) Except as otherwise provided in subsection (2.5) of this section, any parent or other person who violates an order of any district or juvenile court of this state, granting the custody of a child or parental responsibilities with respect to a child under the age of eighteen years to any person, agency, or institution, with the intent to deprive the lawful custodian or person with parental responsibilities of the custody or care of a child under the age of eighteen years, commits a class 5 felony.

(2.5) Any person who, in the course of committing the offenses described in subsections (1) and (2) of this section, removes a child under the age of eighteen years from this country commits a class 4 felony.

(3) It shall be an affirmative defense either that the offender reasonably believed that his conduct was necessary to preserve the child from danger to his welfare, or that the child, being at the time more than fourteen years old, was taken away at his own instigation without enticement and without purpose to commit a criminal offense with or against the child.

(4) Any criminal action charged pursuant to this section may be tried in either the county where the act is committed or in which the court issuing the orders granting custody or allocating parental responsibilities is located, if such court is within this state.

(5) Repealed by Laws 1986, H.B.1225, § 1.

CREDIT(S)

Amended by Laws 1985, H.B.1254, § 11; Laws 1986, H.B.1225, § 1; Laws 1998, Ch. 310, § 56, eff. Feb. 1, 1999; Laws 1998, Ch. 314, § 27, eff. July 1, 1998.

C.R.S.A. § 18-3-305

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 3. Kidnapping (Refs & Annos)

§ 18-3-305. Enticement of a child

(1) A person commits the crime of enticement of a child if he or she invites or persuades, or attempts to invite or persuade, a child under the age of fifteen years to enter any vehicle, building, room, or secluded place with the intent to commit sexual assault or unlawful sexual contact upon said child. It is not necessary to a prosecution for attempt under this subsection (1) that the child have perceived the defendant's act of enticement.

(2) Enticement of a child is a class 4 felony. It is a class 3 felony if the defendant has a previous conviction for enticement of a child or sexual assault on a child or for conspiracy to commit or the attempted commission of either offense, or if the enticement of a child results in bodily injury to that child.

(3) When a person is convicted, pleads nolo contendere, or receives a deferred sentence for a violation of the provisions of this section and the court knows the person is a current or former employee of a school district in this state or holds a license or authorization pursuant to the provisions of article 60.5 of title 22, C.R.S., the court shall report such fact to the department of education.

CREDIT(S)

Added by Laws 1985, H.B.1327, § 2. Amended by Laws 1987, H.B.1139, § 12; Laws 1990, H.B.90-1133, § 5, eff. July 1, 1990; Laws 2000, Ch. 171, § 48, eff. July 1, 2000; Laws 2000, Ch. 369, § 30, eff. Aug. 2, 2000.

C.R.S.A. § 18-3-306

Effective: July 1, 2009

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 3. Kidnapping (Refs & Annos)

§ 18-3-306. Internet luring of a child

(1) An actor commits internet luring of a child if the actor knowingly communicates over a computer or computer network, telephone network, or data network or by a text message or instant message to a person who the actor knows or believes to be under fifteen years of age and, in that communication or in any subsequent communication by computer, computer network, telephone network, data network, text message, or instant message, describes explicit sexual conduct as defined in section 18-6-403(2)(e), and, in connection with that description, makes a statement persuading or inviting the person to meet the actor for any purpose, and the actor is more than four years older than the person or than the age the actor believes the person to be.

(2) It shall not be a defense to this section that a meeting did not occur.

(a) Deleted by Laws 2007, Ch. 383, § 8, eff. July 1, 2007.

(b) Deleted by Laws 2007, Ch. 383, § 8, eff. July 1, 2007.

(3) Internet luring of a child is a class 5 felony; except that luring of a child is a class 4 felony if committed with the intent to meet for the purpose of engaging in sexual exploitation as defined in section 18-6-403 or sexual contact as defined in section 18-3-401.

(4) For purposes of this section, “in connection with” means communications that further, advance, promote, or have a continuity of purpose and may occur before, during, or after the invitation to meet.

CREDIT(S)

Added by Laws 2006, Ch. 362, § 4, eff. July 1, 2006. Amended by Laws 2007, Ch. 383, § 8, eff. July 1, 2007; Laws 2009, Ch. 341, § 2, eff. July 1, 2009.

C.R.S.A. T. 18, Art. 3, Pt. 4, Refs & Annos

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 3. Offenses Against the Person

Part 4. Unlawful Sexual Behavior

C.R.S.A. § 18-3-401

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 4. Unlawful Sexual Behavior (Refs & Annos)

§ 18-3-401. Definitions

As used in this part 4, unless the context otherwise requires:

(1) “Actor” means the person accused of a sexual offense pursuant to this part 4.

(1.5) “Consent” means cooperation in act or attitude pursuant to an exercise of free will and with knowledge of the nature of the act. A current or previous relationship shall not be sufficient to constitute consent under the provisions of this part 4. Submission under the influence of fear shall not constitute consent. Nothing in this definition shall be construed to affect the admissibility of evidence or the burden of proof in regard to the issue of consent under this part 4.

(1.7) “Diagnostic test” means a human immunodeficiency virus (HIV) screening test followed by a supplemental HIV test for confirmation in those instances when the HIV screening test is repeatedly reactive.

(2) “Intimate parts” means the external genitalia or the perineum or the anus or the buttocks or the pubes or the breast of any person.

(2.5) “Pattern of sexual abuse” means the commission of two or more incidents of sexual contact involving a child when such offenses are committed by an actor upon the same victim.

(3) “Physically helpless” means unconscious, asleep, or otherwise unable to indicate willingness to act.

(3.5) One in a “position of trust” includes, but is not limited to, any person who is a parent or acting in the place of a parent and charged with any of a parent's rights, duties, or responsibilities concerning a child, including a guardian or someone otherwise responsible for the general supervision of a child's welfare, or a person who is charged with any duty or responsibility for the health, education, welfare, or supervision of a child, including foster care, child care, family care, or institutional care, either independently or through another, no matter how brief, at the time of an unlawful act.

(4) “Sexual contact” means the knowing touching of the victim's intimate parts by the actor, or of the actor's intimate parts by the victim, or the knowing touching of the clothing covering the immediate area of the victim's or actor's intimate parts if that sexual contact is for the purposes of sexual arousal, gratification, or abuse.

(5) “Sexual intrusion” means any intrusion, however slight, by any object or any part of a person's body, except the mouth, tongue, or penis, into the genital or anal opening of another person's body if that sexual intrusion can reasonably be construed as being for the purposes of sexual arousal, gratification, or abuse.

(6) “Sexual penetration” means sexual intercourse, cunnilingus, fellatio, analingus, or anal intercourse. Emission need not be proved as an element of any sexual penetration. Any penetration, however slight, is sufficient to complete the crime.

(7) “Victim” means the person alleging to have been subjected to a criminal sexual assault.

CREDIT(S)

Repealed and reenacted by Laws 1975, H.B.1042, § 1. Amended by Laws 1983, H.B.1101, § 1; Laws 1983, S.B.26, § 1; Laws 1986, H.B.1230, § 6; Laws 1988, H.B.1200, § 17; Laws 1989, H.B.1075, § 1; Laws 1990, H.B.90-1133, § 15, eff. July 1, 1990; Laws 1992, S.B.92-60, § 3, eff. July 1, 1992; Laws 1993, H.B.93-1088, § 15, eff. July 1, 1993; Laws 2000, Ch. 131, § 5, eff. April 24, 2000; Laws 2003, Ch. 199, § 22, eff. April 29, 2003.

C.R.S.A. § 18-3-402

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 4. Unlawful Sexual Behavior (Refs & Annos)

§ 18-3-402. Sexual assault

(1) Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if:

(a) The actor causes submission of the victim by means of sufficient consequence reasonably calculated to cause submission against the victim's will; or

(b) The actor knows that the victim is incapable of appraising the nature of the victim's conduct; or

(d) At the time of the commission of the act, the victim is less than fifteen years of age and the actor is at least four years older than the victim and is not the spouse of the victim; or

(e) At the time of the commission of the act, the victim is at least fifteen years of age but less than seventeen years of age and the actor is at least ten years older than the victim and is not the spouse of the victim; or

(f) The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority to coerce the victim to submit, unless the act is incident to a lawful search; or

(g) The actor, while purporting to offer a medical service, engages in treatment or examination of a victim for other than a bona fide medical purpose or in a manner substantially inconsistent with reasonable medical practices; or

(h) The victim is physically helpless and the actor knows the victim is physically helpless and the victim has not consented.

(2) Sexual assault is a class 4 felony, except as provided in subsections (3), (3.5), (4), and (5) of this section.

(3) If committed under the circumstances of paragraph (e) of subsection (1) of this section, sexual assault is a class 1 misdemeanor and is an extraordinary risk crime that is subject to the modified sentencing range specified in section 18-1.3-501(3).

(3.5) Sexual assault is a class 3 felony if committed under the circumstances described in paragraph (h) of subsection (1) of this section.

(4) Sexual assault is a class 3 felony if it is attended by any one or more of the following circumstances:

(a) The actor causes submission of the victim through the actual application of physical force or physical violence; or

(b) The actor causes submission of the victim by threat of imminent death, serious bodily injury, extreme pain, or kidnapping, to be inflicted on anyone, and the victim believes that the actor has the present ability to execute these threats; or

(c) The actor causes submission of the victim by threatening to retaliate in the future against the victim, or any other person, and the victim reasonably believes that the actor will execute this threat. As used in this paragraph (c), “to retaliate” includes threats of kidnapping, death, serious bodily injury, or extreme pain; or

(d) The actor has substantially impaired the victim's power to appraise or control the victim's conduct by employing, without the victim's consent, any drug, intoxicant, or other means for the purpose of causing submission.

(e) Deleted by Laws 2002, Ch. 322, § 2, eff. July 1, 2002.

(5)(a) Sexual assault is a class 2 felony if any one or more of the following circumstances exist:

(I) In the commission of the sexual assault, the actor is physically aided or abetted by one or more other persons; or

(II) The victim suffers serious bodily injury; or

(III) The actor is armed with a deadly weapon or an article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon or represents verbally or otherwise that the actor is armed with a deadly weapon and uses the deadly weapon, article, or representation to cause submission of the victim.

(b)(I) If a defendant is convicted of sexual assault pursuant to this subsection (5), the court shall sentence the defendant in accordance with section 18-1.3-401(8)(e). A person convicted solely of sexual assault pursuant to this subsection (5) shall not be sentenced under the crime of violence provisions of section 18-1.3-406(2). Any sentence for a conviction under this subsection (5) shall be consecutive to any sentence for a conviction for a crime of violence under section 18-1.3-406.

(II) The provisions of this paragraph (b) shall apply to offenses committed prior to November 1, 1998.

(6) Any person convicted of felony sexual assault committed on or after November 1, 1998, under any of the circumstances described in this section shall be sentenced in accordance with the provisions of part 10 of article 1.3 of this title.

CREDIT(S)

Repealed and reenacted by Laws 1975, H.B.1042, § 1. Amended by Laws 1977, H.B.1654, § 15; Laws 1983, H.B.1254, § 1; Laws 1985, S.B.116, §§ 1, 2; Laws 1995, H.B.95-1070, § 9, eff. July 1, 1995; Laws 1998, Ch. 303, § 13, eff. Nov. 1, 1998. Repealed and reenacted by Laws 2000, Ch. 171, § 18, eff. July 1, 2000. Amended by Laws 2002, Ch. 318, § 189, eff. Oct. 1, 2002; Laws 2002, Ch. 322, §§ 1, 2, eff. July 1, 2002; Laws 2004, Ch. 200, § 5, eff. Aug. 4, 2004.

C.R.S.A. § 18-3-403

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 4. Unlawful Sexual Behavior (Refs & Annos)

§ 18-3-403. Repealed by Laws 2000, Ch. 171, § 19, eff. July 1, 2000

C.R.S.A. § 18-3-404

Effective: July 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 4. Unlawful Sexual Behavior (Refs & Annos)

§ 18-3-404. Unlawful sexual contact--repeal

(1) Any actor who knowingly subjects a victim to any sexual contact commits unlawful sexual contact if:

(a) The actor knows that the victim does not consent; or

(b) The actor knows that the victim is incapable of appraising the nature of the victim's conduct; or

(c) The victim is physically helpless and the actor knows that the victim is physically helpless and the victim has not consented; or

(e) Repealed by Laws 1990, H.B.90-1133, § 25, eff. July 1, 1990.

(f) The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority, unless incident to a lawful search, to coerce the victim to submit; or

(g) The actor engages in treatment or examination of a victim for other than bona fide medical purposes or in a manner substantially inconsistent with reasonable medical practices.

(1.5) Any person who knowingly, with or without sexual contact, induces or coerces a child by any of the means set forth in section 18-3-402 to expose intimate parts or to engage in any sexual contact, intrusion, or penetration with another person, for the purpose of the actor's own sexual gratification, commits unlawful sexual contact. For the purposes of this subsection (1.5), the term “child” means any person under the age of eighteen years.

(1.7) Repealed by Laws 2010, Ch. 415, § 1, eff. July 1, 2012.

(2)(a) Unlawful sexual contact is a class 1 misdemeanor and is an extraordinary risk crime that is subject to the modified sentencing range specified in section 18-1.3-501(3).

(b) Notwithstanding the provisions of paragraph (a) of this subsection (2), unlawful sexual contact is a class 4 felony if the actor compels the victim to submit by use of such force, intimidation, or threat as specified in section 18-3-402(4)(a), (4)(b), or (4)(c) or if the actor engages in the conduct described in paragraph (g) of subsection (1) of this section or subsection (1.5) of this section.

(3) If a defendant is convicted of the class 4 felony of unlawful sexual contact pursuant to paragraph (b) of subsection (2) of this section, the court shall sentence the defendant in accordance with the provisions of section 18-1.3-406; except that this subsection (3) shall not apply if the actor engages in the conduct described in paragraph (g) of subsection (1) of this section.

CREDIT(S)

Repealed and reenacted by Laws 1975, H.B.1042, § 1. Amended by Laws 1977, H.B.1654, § 17; Laws 1986, H.B.1008, § 6; Laws 1989, S.B.246, § 41; Laws 1990, H.B.90-1133, § 25, eff. July 1, 1990; Laws 1991, S.B.91-243, § 21, eff. June 1, 1991; Laws 1992, H.B.92-1078, § 15, eff. June 3, 1992; Laws 1994, H.B.94-1126, § 9, eff. July 1, 1994; Laws 1995, H.B.95-1070, § 10, eff. July 1, 1995; Laws 1996, H.B.96-1181, § 4, eff. July 1, 1996; Laws 2000, Ch. 171, § 20, eff. July 1, 2000; Laws 2002, Ch. 318, § 190, eff. Oct. 1, 2002; Laws 2004, Ch. 200, § 6, eff. Aug. 4, 2004; Laws 2010, Ch. 415, § 1, eff. July 1, 2012.

C.R.S.A. § 18-3-405

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 4. Unlawful Sexual Behavior (Refs & Annos)

§ 18-3-405. Sexual assault on a child

(1) Any actor who knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child if the victim is less than fifteen years of age and the actor is at least four years older than the victim.

(2) Sexual assault on a child is a class 4 felony, but it is a class 3 felony if:

(a) The actor applies force against the victim in order to accomplish or facilitate sexual contact; or

(b) The actor, in order to accomplish or facilitate sexual contact, threatens imminent death, serious bodily injury, extreme pain, or kidnapping against the victim or another person, and the victim believes that the actor has the present ability to execute the threat; or

(c) The actor, in order to accomplish or facilitate sexual contact, threatens retaliation by causing in the future the death or serious bodily injury, extreme pain, or kidnapping against the victim or another person, and the victim believes that the actor will execute the threat; or

(d) The actor commits the offense as a part of a pattern of sexual abuse as described in subsection (1) of this section. No specific date or time must be alleged for the pattern of sexual abuse; except that the acts constituting the pattern of sexual abuse, whether charged in the information or indictment or committed prior to or at any time after the offense charged in the information or indictment, shall be subject to the provisions of section 16-5-401(1)(a), C.R.S., concerning sex offenses against children. The offense charged in the information or indictment shall constitute one of the incidents of sexual contact involving a child necessary to form a pattern of sexual abuse as defined in section 18-3-401(2.5).

(3) If a defendant is convicted of the class 3 felony of sexual assault on a child pursuant to paragraphs (a) to (d) of subsection (2) of this section, the court shall sentence the defendant in accordance with the provisions of section 18-1.3-406.

CREDIT(S)

Repealed and reenacted by Laws 1975, H.B.1042, § 1. Amended by Laws 1977, H.B.1654, § 18; Laws 1983, S.B.26, § 2; Laws 1986, H.B.1008, § 7; Laws 1989, H.B.1075, §§ 2, 3; Laws 1990, H.B.90-1133, § 25, eff. July 1, 1990; Laws 1995, H.B.95-1070, § 11, eff. July 1, 1995; Laws 2002, Ch. 318, § 191, eff. Oct. 1, 2002; Laws 2002, Ch. 322, § 8, eff. July 1, 2002; Laws 2006, Ch. 119, § 2, eff. July 1, 2006.

C.R.S.A. § 18-3-405.3

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 4. Unlawful Sexual Behavior (Refs & Annos)

§ 18-3-405.3. Sexual assault on a child by one in a position of trust

(1) Any actor who knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child by one in a position of trust if the victim is a child less than eighteen years of age and the actor committing the offense is one in a position of trust with respect to the victim.

(2) Sexual assault on a child by one in a position of trust is a class 3 felony if:

(a) The victim is less than fifteen years of age; or

(b) The actor commits the offense as a part of a pattern of sexual abuse as described in subsection (1) of this section. No specific date or time need be alleged for the pattern of sexual abuse; except that the acts constituting the pattern of sexual abuse whether charged in the information or indictment or committed prior to or at any time after the offense charged in the information or indictment, shall be subject to the provisions of section 16-5-401(1)(a), C.R.S., concerning sex offenses against children. The offense charged in the information or indictment shall constitute one of the incidents of sexual contact involving a child necessary to form a pattern of sexual abuse as defined in section 18-3-401(2.5).

(3) Sexual assault on a child by one in a position of trust is a class 4 felony if the victim is fifteen years of age or older but less than eighteen years of age and the offense is not committed as part of a pattern of sexual abuse, as described in paragraph (b) of subsection (2) of this section.

(4) If a defendant is convicted of the class 3 felony of sexual assault on a child pursuant to paragraph (b) of subsection (2) of this section, the court shall sentence the defendant in accordance with the provisions of section 18-1.3-406.

CREDIT(S)

Added by Laws 1990, H.B.90-1133, § 16, eff. July 1, 1990. Amended by Laws 1998, Ch. 314, § 33, eff. July 1, 1998; Laws 2002, Ch. 318, § 192, eff. Oct. 1, 2002; Laws 2002, Ch. 322, § 9, eff. July 1, 2002; Laws 2006, Ch. 119, § 3, eff. July 1, 2006.

C.R.S.A. § 18-3-405.4

Effective: July 1, 2009

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 4. Unlawful Sexual Behavior (Refs & Annos)

§ 18-3-405.4. Internet sexual exploitation of a child

(1) An actor commits internet sexual exploitation of a child if the actor knowingly importunes, invites, or entices through communication via a computer network or system, telephone network, or data network or by a text message or instant message, a person whom the actor knows or believes to be under fifteen years of age and at least four years younger than the actor, to:

(a) Expose or touch the person's own or another person's intimate parts while communicating with the actor via a computer network or system, telephone network, or data network or by a text message or instant message; or

(b) Observe the actor's intimate parts via a computer network or system, telephone network, or data network or by a text message or instant message.

(2) Deleted by Laws 2009, Ch. 343, § 1, eff. July 1, 2009.

(3) Internet sexual exploitation of a child is a class 4 felony.

CREDIT(S)

Added by Laws 2006, Ch. 362, § 5, eff. July 1, 2006. Amended by Laws 2009, Ch. 341, § 3, eff. July 1, 2009; Laws 2009, Ch. 343, § 1, eff. July 1, 2009.

C.R.S.A. § 18-3-405.5

Effective: July 1, 2011

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 4. Unlawful Sexual Behavior (Refs & Annos)

§ 18-3-405.5. Sexual assault on a client by a psychotherapist

(1)(a) Any actor who knowingly inflicts sexual penetration or sexual intrusion on a victim commits aggravated sexual assault on a client if:

(I) The actor is a psychotherapist and the victim is a client of the psychotherapist; or

(II) The actor is a psychotherapist and the victim is a client and the sexual penetration or intrusion occurred by means of therapeutic deception.

(b) Aggravated sexual assault on a client is a class 4 felony.

(2)(a) Any actor who knowingly subjects a victim to any sexual contact commits sexual assault on a client if:

(I) The actor is a psychotherapist and the victim is a client of the psychotherapist; or

(II) The actor is a psychotherapist and the victim is a client and the sexual contact occurred by means of therapeutic deception.

(b) Sexual assault on a client is a class 1 misdemeanor.

(3) Consent by the client to the sexual penetration, intrusion, or contact shall not constitute a defense to such offense.

(4) As used in this section, unless the context otherwise requires:

(a) “Client” means a person who seeks or receives psychotherapy from a psychotherapist.

(b) “Psychotherapist” means any person who performs or purports to perform psychotherapy, whether the person is licensed or registered by the state pursuant to title 12, C.R.S., or certified by the state pursuant to part 5 of article 1 of title 25, C.R.S.

(c) “Psychotherapy” means the treatment, diagnosis, or counseling in a professional relationship to assist individuals or groups to alleviate mental disorders, understand unconscious or conscious motivation, resolve emotional, relationship, or attitudinal conflicts, or modify behaviors which interfere with effective emotional, social, or intellectual functioning.

(d) “Therapeutic deception” means a representation by a psychotherapist that sexual contact, penetration, or intrusion by the psychotherapist is consistent with or part of the client's treatment.

CREDIT(S)

Added by Laws 1988, S.B.17, § 1. Amended by Laws 1989, S.B.246, § 42; Laws 2011, Ch. 285, § 69, eff. July 1, 2011.

C.R.S.A. § 18-3-405.6

Effective: July 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 4. Unlawful Sexual Behavior (Refs & Annos)

§ 18-3-405.6. Invasion of privacy for sexual gratification

(1) A person who knowingly observes or takes a photograph of another person's intimate parts without that person's consent, in a situation where the person observed or photographed has a reasonable expectation of privacy, for the purpose of the observer's own sexual gratification, commits unlawful invasion of privacy for sexual gratification.

(2)(a) Except as otherwise provided in paragraph (b) of this subsection (2), invasion of privacy for sexual gratification is a class 1 misdemeanor and is an extraordinary risk crime subject to the modified sentencing range specified in section 18-1.3-501(3).

(b) Invasion of privacy for sexual gratification is a class 6 felony and is an extraordinary risk crime subject to the modified sentencing range specified in section 18-1.3-401(10) if either of the following circumstances exist:

(I) The offense is committed subsequent to a prior conviction, as defined in section 16-22-102(3), C.R.S., for unlawful sexual behavior as defined in section 16-22-102(9), C.R.S.; or

(II) The person observes or takes a photograph of the intimate parts of a person under fifteen years of age. This subparagraph (II) shall not apply if the defendant is less than four years older than the person observed or photographed.

(3) For purposes of this section, “photograph” includes a photograph, motion picture, videotape, live feed, print, negative, slide, or other mechanically, electronically, or chemically produced or reproduced visual material.

CREDIT(S)

Added by Laws 2010, Ch. 415, § 2, eff. July 1, 2012.

C.R.S.A. § 18-3-406

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 4. Unlawful Sexual Behavior (Refs & Annos)

§ 18-3-406. Repealed by Laws 2001, Ch. 243, § 5, eff. July 1, 2001

C.R.S.A. § 18-3-407

Effective: July 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 4. Unlawful Sexual Behavior (Refs & Annos)

§ 18-3-407. Victim's and witness's prior history--evidentiary hearing--victim's identity--protective order

(1) Evidence of specific instances of the victim's or a witness's prior or subsequent sexual conduct, opinion evidence of the victim's or a witness's sexual conduct, and reputation evidence of the victim's or a witness's sexual conduct may be admissible only at trial and shall not be admitted in any other proceeding except at a proceeding pursuant to paragraph (c) of subsection (2) of this section. At trial, such evidence shall be presumed to be irrelevant except:

(a) Evidence of the victim's or witness' prior or subsequent sexual conduct with the actor;

(b) Evidence of specific instances of sexual activity showing the source or origin of semen, pregnancy, disease, or any similar evidence of sexual intercourse offered for the purpose of showing that the act or acts charged were or were not committed by the defendant.

(2) In any criminal prosecution for class 4 felony internet luring of a child, as described in section 18-3-306(3) or under sections 18-3-402 to 18-3-405.5, 18-6-301, 18-6-302, 18-6-403, and 18-6-404, or for attempt or conspiracy to commit any of said crimes, if evidence, that is not excepted under subsection (1) of this section, of specific instances of the victim's or a witness's prior or subsequent sexual conduct, or opinion evidence of the victim's or a witness's sexual conduct, or reputation evidence of the victim's or a witness's sexual conduct, or evidence that the victim or a witness has a history of false reporting of sexual assaults is to be offered at trial, the following procedure shall be followed:

(a) A written motion shall be made at least thirty-five days prior to trial, unless later for good cause shown, to the court and to the opposing parties stating that the moving party has an offer of proof of the relevancy and materiality of evidence of specific instances of the victim's or witness' prior or subsequent sexual conduct, or opinion evidence of the victim's or witness' sexual conduct, or reputation evidence of the victim's or witness' sexual conduct, or evidence that the victim or witness has a history of false reporting of sexual assaults that is proposed to be presented.

(b) The written motion shall be accompanied by an affidavit in which the offer of proof shall be stated.

(c) If the court finds that the offer of proof is sufficient, the court shall notify the other party of such. If the prosecution stipulates to the facts contained in the offer of proof, the court shall rule on the motion based upon the offer of proof without an evidentiary hearing. Otherwise, the court shall set a hearing to be held in camera prior to trial. In such hearing, to the extent the facts are in dispute, the court may allow the questioning of the victim or witness regarding the offer of proof made by the moving party or otherwise allow a presentation of the offer of proof, including but not limited to the presentation of witnesses.

(d) An in camera hearing may be held during trial if evidence first becomes available at the time of the trial or for good cause shown.

(e) At the conclusion of the hearing, or by written order if no hearing is held, if the court finds that the evidence proposed to be offered regarding the sexual conduct of the victim or witness is relevant to a material issue to the case, the court shall order that evidence may be introduced and prescribe the nature of the evidence or questions to be permitted. The moving party may then offer evidence pursuant to the order of the court.

(f) All motions and supporting documents filed pursuant to this section shall be filed under seal and may be unsealed only if the court rules the evidence is admissible and the case proceeds to trial. If the court determines that only part of the evidence contained in the motion is admissible, only that portion of the motion and supporting documents pertaining to the admissible portion may be unsealed.

(g) The court shall seal all court transcripts, tape recordings, and records of proceedings, other than minute orders, of a hearing held pursuant to this section. The court may unseal the transcripts, tape recordings, and records only if the court rules the evidence is admissible and the case proceeds to trial. If the court determines that only part of the evidence is admissible, only the portion of the hearing pertaining to the admissible evidence may be unsealed.

(3)(a) In a criminal prosecution including an offense described in subsection (2) of this section, the court may, at any time upon motion of the prosecution or on the court's own motion, issue a protective order pursuant to the Colorado rules of criminal procedure concerning disclosure of information relating to the victim or a witness. The court may punish a violation of a protective order by contempt of court.

(b) The victim who would be the subject of the protective order may object to the motion for a protective order.

CREDIT(S)

Repealed and reenacted by Laws 1975, H.B.1042, § 1. Amended by Laws 1991, H.B.91-1086, § 10, eff. June 6, 1991; Laws 1998, Ch. 139, §§ 7, 8, eff. April 21, 1998; Laws 2004, Ch. 116, § 1, eff. April 8, 2004; Laws 2005, Ch. 128, § 5, eff. April 29, 2005; Laws 2006, Ch. 362, § 6, eff. July 1, 2006; Laws 2012, Ch. 208, § 127, eff. July 1, 2012.

C.R.S.A. § 18-3-407.5

Effective: March 31, 2008

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 4. Unlawful Sexual Behavior (Refs & Annos)

§ 18-3-407.5. Victim evidence--forensic evidence--electronic lie detector exam without victim's consent prohibited

(1) Any direct cost associated with the collection of forensic evidence from the victim shall be paid by the referring or requesting law enforcement agency.

(2) A law enforcement agency, prosecuting officer, or other government official may not ask or require a victim of a sexual offense to submit to a polygraph examination or any form of a mechanical or electrical lie detector examination as a condition for proceeding with any criminal investigation or prosecution of an offense. A law enforcement agency shall conduct the examination only with the victim's written informed consent. Consent shall not be considered informed unless the law enforcement agency informs the victim in writing of the victim's right to refuse to submit to the examination. In addition, the law enforcement agency shall orally provide to the victim information about the potential uses of the results of the examination.

(3)(a) A law enforcement agency, prosecuting officer, or other government official may not ask or require a victim of a sexual offense to participate in the criminal justice system process or cooperate with the law enforcement agency, prosecuting officer, or other government official as a condition of receiving a forensic medical examination that includes the collection of evidence.

(b) A victim of a sexual offense shall not bear the cost of a forensic medical examination that includes the collection of evidence that is used for the purpose of evidence collection even if the victim does not want to participate in the criminal justice system or otherwise cooperate with the law enforcement agency, prosecuting officer, or other government official. The division of criminal justice in the department of public safety shall pay the cost of the examination.

(c) When personnel at a medical facility perform a forensic medical examination that includes the collection of evidence based on the request of a victim of a sexual offense, not in connection with a referring or requesting law enforcement agency, and the medical facility performing the examination knows where the crime occurred, the facility shall contact the law enforcement agency in whose jurisdiction the crime occurred regarding preservation of the evidence. If the medical facility does not know where the crime occurred, the facility shall contact its local law enforcement agency regarding preservation of the evidence. Notwithstanding any other statutory requirements regarding storage of biological evidence, the law enforcement agency contacted by the medical facility shall retrieve the evidence from the facility and store it for at least two years.

CREDIT(S)

Added by Laws 1995, S.B.95-153, § 3, eff. July 1, 1995. Amended by Laws 2008, Ch. 83, § 1, eff. March 31, 2008.

C.R.S.A. § 18-3-408

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 4. Unlawful Sexual Behavior (Refs & Annos)

§ 18-3-408. Jury instruction prohibited

In any criminal prosecution under sections 18-3-402 to 18-3-405, or for attempt or conspiracy to commit any crime under sections 18-3-402 to 18-3-405, the jury shall not be instructed to examine with caution the testimony of the victim solely because of the nature of the charge, nor shall the jury be instructed that such a charge is easy to make but difficult to defend against, nor shall any similar instruction be given. However, the jury shall be instructed not to allow gender bias or any kind of prejudice based upon gender to influence the decision of the jury.

CREDIT(S)

Repealed and reenacted by Laws 1975, H.B.1042, § 1. Amended by Laws 1990, H.B.90-1118, § 8, eff. March 27, 1990.

C.R.S.A. § 18-3-408.5

Effective: July 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 4. Unlawful Sexual Behavior (Refs & Annos)

§ 18-3-408.5. Jury instruction on consent--when required

(1) In any criminal prosecution for a crime listed in subsection (2) of this section or for attempt or conspiracy to commit a crime listed in subsection (2) of this section, upon request of any party to the proceedings, the jury shall be instructed on the definition of consent as set forth in section 18-3-401(1.5). Notwithstanding the provisions of section 18-1-505(4), an instruction on the definition of consent given pursuant to this section shall not constitute an affirmative defense, but shall only act as a defense to the elements of the offense.

(2) The provisions of subsection (1) of this section shall apply to the following crimes:

(a) Sexual assault as described in section 18-3-402(1)(a);

(b) Sexual assault as described in section 18-3-402(1)(b), (1)(c), or (1)(e), as they existed prior to July 1, 2000, for offenses committed prior to July 1, 2000;

(c) Sexual assault in the second degree as described in section 18-3-403(1)(a) or (1)(b), as they existed prior to July 1, 2000, for offenses committed prior to July 1, 2000;

(d) Unlawful sexual contact as described in section 18-3-404(1)(a), (1)(c), or (1)(d);

(e) Unlawful sexual contact as described in section 18-3-404(1.7), as it existed prior to July 1, 2010, for offenses committed prior to July 1, 2010;

(f) Invasion of privacy for sexual gratification as described in section 18-3-405.6; or

(g) Criminal invasion of privacy in violation of section 18-7-801.

CREDIT(S)

Added by Laws 1992, S.B.92-60, § 4, eff. July 1, 1992. Amended by Laws 2002, Ch. 210, § 1, eff. July 1, 2002; Laws 2010, Ch. 415, § 7, eff. July 1, 2012.

C.R.S.A. § 18-3-409

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 4. Unlawful Sexual Behavior (Refs & Annos)

§ 18-3-409. Marital defense

Any marital relationship, whether established statutorily, putatively, or by common law, between an actor and a victim shall not be a defense to any offense under this part 4 unless such defense is specifically set forth in the applicable statutory section by having the elements of the offense specifically exclude a spouse.

CREDIT(S)

Repealed and reenacted by Laws 1975, H.B.1042, § 1; Laws 1988, H.B.1089, § 2.

C.R.S.A. § 18-3-410

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 4. Unlawful Sexual Behavior (Refs & Annos)

§ 18-3-410. Medical exception

The provisions of this part 4 shall not apply to any act performed for bona fide medical purposes if such act is performed in a manner which is not inconsistent with reasonable medical practices.

CREDIT(S)

Repealed and reenacted by Laws 1975, H.B.1042, § 1.

C.R.S.A. § 18-3-411

Effective: April 21, 2010

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 4. Unlawful Sexual Behavior (Refs & Annos)

§ 18-3-411. Sex offenses against children--“unlawful sexual offense” defined--limitation for commencing proceedings--evidence--statutory privilege

(1) As used in this section, “unlawful sexual offense” means enticement of a child, as described in section 18-3-305, sexual assault, as described in section 18-3-402, when the victim at the time of the commission of the act is a child less than fifteen years of age, sexual assault in the first degree, as described in section 18-3-402, as it existed prior to July 1, 2000, when the victim at the time of the commission of the act is a child less than fifteen years of age; sexual assault in the second degree, as described in section 18-3-403(1)(a), (1)(b), (1)(c), (1)(d), (1)(g), or (1)(h), as it existed prior to July 1, 2000, when the victim at the time of the commission of the act is a child less than fifteen years of age, or as described in section 18-3-403(1)(e), as it existed prior to July 1, 2000, when the victim is less than fifteen years of age and the actor is at least four years older than the victim; unlawful sexual contact, as described in section 18-3-404(1)(a), (1)(b), (1)(c), (1)(d), (1)(f), or (1)(g), when the victim at the time of the commission of the act is a child less than fifteen years of age; sexual assault in the third degree, as described in section 18-3-404(1)(a), (1)(b), (1)(c), (1)(d), (1)(f), or (1)(g), as it existed prior to July 1, 2000, when the victim at the time of the commission of the act is a child less than fifteen years of age; sexual assault on a child, as described in section 18-3-405; sexual assault on a child by one in a position of trust, as described in section 18-3-405.3; aggravated incest, as described in section 18-6-302; trafficking in children, as described in section 18-3-502; sexual exploitation of a child, as described in section 18-6-403; procurement of a child for sexual exploitation, as described in section 18-6-404; indecent exposure, as described in section 18-7-302, soliciting for child prostitution, as described in section 18-7-402; pandering of a child, as described in section 18-7-403; procurement of a child, as described in section 18-7-403.5; keeping a place of child prostitution, as described in section 18-7-404; pimping of a child, as described in section 18-7-405; inducement of child prostitution, as described in section 18-7-405.5; patronizing a prostituted child, as described in section 18-7-406; class 4 felony internet luring of a child, as described in section 18-3-306(3); internet sexual exploitation of a child, as described in section 18-3-405.4; or criminal attempt, conspiracy, or solicitation to commit any of the acts specified in this subsection (1).

(2) No person shall be prosecuted, tried, or punished for a misdemeanor offense specified in section 18-3-402 or 18-3-404, unless the indictment, information, complaint, or action for the same is found or instituted within five years after the commission of the offense. The limitation for commencing criminal proceedings and juvenile delinquency proceedings concerning unlawful sexual offenses that are felonies shall be governed by section 16-5-401(1)(a), C.R.S.

(3) Out-of-court statements made by a child describing any act of sexual contact, intrusion, or penetration, as defined in section 18-3-401, performed with, by, or on the child declarant, not otherwise admissible by a statute or court rule which provides an exception to the objection of hearsay, may be admissible in any proceeding in which the child is a victim of an unlawful sexual offense pursuant to the provisions of section 13-25-129, C.R.S.

(4) All cases involving the commission of an unlawful sexual offense shall take precedence before the court; the court shall hear these cases as soon as possible after they are filed.

(5) The statutory privilege between the husband and the wife shall not be available for excluding or refusing testimony in any prosecution of an unlawful sexual offense.

CREDIT(S)

Added by Laws 1982, S.B.66, § 1. Amended by Laws 1983, S.B.11, § 2; Laws 1983, S.B.26, § 3; Laws 1985, H.B.1254, § 12; Laws 1988, H.B.1200, § 19; Laws 1991, H.B.91-1086, § 11, eff. June 6, 1991; Laws 1994, H.B.94-1126, § 10, eff. July 1, 1994; Laws 2000, Ch. 171, § 29, eff. July 1, 2000; Laws 2002, Ch. 288, § 2, eff. June 3, 2002; Laws 2006, Ch. 119, § 4, eff. July 1, 2006; Laws 2006, Ch. 362, § 8, eff. July 1, 2006; Laws 2010, Ch. 156, § 9, eff. April 21, 2010.

C.R.S.A. § 18-3-412

Effective: April 21, 2010

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 4. Unlawful Sexual Behavior (Refs & Annos)

§ 18-3-412. Habitual sex offenders against children--indictment or information--verdict of the jury

(1) For the purpose of this section, “unlawful sexual offense” means sexual assault, as described in section 18-3-402, when the victim at the time of the commission of the act is a child less than fifteen years of age, sexual assault in the first degree, as described in section 18-3-402, as it existed prior to July 1, 2000, when the victim at the time of the commission of the act is a child less than fifteen years of age; sexual assault in the second degree, as described in section 18-3-403(1)(a), (1)(b), (1)(c), (1)(d), (1)(g), or (1)(h), as it existed prior to July 1, 2000, when the victim at the time of the commission of the act is a child less than fifteen years of age, or as described in section 18-3-403(1)(e), as it existed prior to July 1, 2000, when the victim is less than fifteen years of age and the actor is at least four years older than the victim; unlawful sexual contact, as described in section 18-3-404(1)(a), (1)(b), (1)(c), (1)(d), (1)(f), or (1)(g), when the victim at the time of the commission of the act is a child less than fifteen years of age; sexual assault in the third degree, as described in section 18-3-404(1)(a), (1)(b), (1)(c), (1)(d), (1)(f), or (1)(g), as it existed prior to July 1, 2000, when the victim at the time of the commission of the act is a child less than fifteen years of age; sexual assault on a child, as described in section 18-3-405; sexual assault on a child by one in a position of trust, as described in section 18-3-405.3; aggravated incest, as described in section 18-6-302; trafficking in children, as described in section 18-3-502; sexual exploitation of a child, as described in section 18-6-403; procurement of a child for sexual exploitation, as described in section 18-6-404; soliciting for child prostitution, as described in section 18-7-402; pandering of a child, as described in section 18-7-403; procurement of a child, as described in section 18-7-403.5; keeping a place of child prostitution, as described in section 18-7-404; pimping of a child, as described in section 18-7-405; inducement of child prostitution, as described in section 18-7-405.5; patronizing a prostituted child, as described in section 18-7-406; or criminal attempt, conspiracy, or solicitation to commit any of the acts specified in this subsection (1).

(2) Every person convicted in this state of an unlawful sexual offense who has been previously convicted upon charges prior to the commission of the present act, which were separately brought, either in this state or elsewhere, of an unlawful sexual offense or who has been previously convicted under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States of an unlawful act that, if committed within this state, would be an unlawful sexual offense shall be adjudged an habitual sex offender against children. If the second or subsequent unlawful sexual offense for which a defendant is convicted constitutes a felony, the court shall impose a sentence to the department of corrections of not less than three times the upper limit of the presumptive range for that class felony as set out in section 18-1.3-401. If the second or subsequent unlawful sexual offense for which a defendant is convicted constitutes a misdemeanor, the court shall impose a sentence to the county jail of not less than three times the maximum sentence for that class misdemeanor as set out in section 18-1.3-501.

(3) Any previous conviction of an unlawful sexual offense shall be set forth in apt words in the complaint, indictment, or information. For purposes of trial, a duly authenticated copy of the record of previous convictions and judgments of any court of record for any of said crimes of the party indicted, charged, or informed against shall be prima facie evidence of such convictions and may be used in evidence against such party. A duly authenticated copy of the records of institutions of treatment or incarceration, including, but not limited to, records pertaining to identification of the party indicted, charged, or informed against, shall be prima facie evidence of the facts contained therein and may be used in evidence against such party.

(4) Any person who is subject to the provisions of this section shall not be eligible for suspension of sentence.

(5) The procedures specified in section 18-1.3-803 shall govern in a trial to which the provisions of this section are alleged to apply based on a previous conviction or convictions for an unlawful sexual offense as set out in the complaint, indictment, or information.

CREDIT(S)

Added by Laws 1982, S.B.34, § 1. Amended by Laws 1985, H.B.1254, § 13; Laws 1996, H.B.96-1087, § 18, eff. July 1, 1996; Laws 1999, Ch. 286, § 18, eff. July 1, 1999; Laws 2000, Ch. 78, § 1, eff. Aug. 2, 2000; Laws 2000, Ch. 171, § 49, eff. July 1, 2000; Laws 2002, Ch. 318, § 193, eff. Oct. 1, 2002; Laws 2003, Ch. 199, § 7, eff. April 29, 2003; Laws 2010, Ch. 156, § 10, eff. April 21, 2010.

C.R.S.A. § 18-3-412.5

Effective: July 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 4. Unlawful Sexual Behavior (Refs & Annos)

§ 18-3-412.5. Failure to register as a sex offender

(1) A person who is required to register pursuant to article 22 of title 16, C.R.S., and who fails to comply with any of the requirements placed on registrants by said article, including but not limited to committing any of the acts specified in this subsection (1), commits the offense of failure to register as a sex offender:

(a) Failure to register pursuant to article 22 of title 16, C.R.S.;

(b) Submission of a registration form containing false information or submission of an incomplete registration form;

(c) Failure to provide information or knowingly providing false information to a probation department employee, to a community corrections administrator or his or her designee, or to a judge or magistrate when receiving notice pursuant to section 16-22-106(1), (2), or (3), C.R.S., of the duty to register;

(d) If the person has been sentenced to a county jail, otherwise incarcerated, or committed, due to conviction of or disposition or adjudication for an offense specified in section 16-22-103, C.R.S., failure to provide notice of the address where the person intends to reside upon release as required in sections 16-22-106 and 16-22-107, C.R.S.;

(e) Knowingly providing false information to a sheriff or his or her designee, department of corrections personnel, or department of human services personnel concerning the address where the person intends to reside upon release from the county jail, the department of corrections, or the department of human services. Providing false information shall include, but is not limited to, providing false information as described in section 16-22-107(4)(b), C.R.S.

(f) Failure when registering to provide the person's current name and any former names;

(g) Failure to register with the local law enforcement agency in each jurisdiction in which the person resides upon changing an address, establishing an additional residence, or legally changing names;

(h) Failure to provide the person's correct date of birth, to sit for or otherwise provide a current photograph or image, to provide a current set of fingerprints, or to provide the person's correct address;

(i) Failure to complete a cancellation of registration form and file the form with the local law enforcement agency of the jurisdiction in which the person will no longer reside;

(j) When the person's place of residence is a trailer or motor home, failure to register an address at which the trailer or motor home is lawfully located pursuant to section 16-22-109(1)(a.3), C.R.S.;

(k) Failure to register an e-mail address, instant-messaging identity, or chat room identity prior to using the address or identity if the person is required to register that information pursuant to section 16-22-108(2.5), C.R.S.

(1.5)(a) In a prosecution for a violation of this section, it is an affirmative defense that:

(I) Uncontrollable circumstances prevented the person from complying;

(II) The person did not contribute to the creation of the circumstances in reckless disregard of the requirement to comply; and

(III) The person complied as soon as the circumstances ceased to exist.

(b) In order to assert the affirmative defense pursuant to this subsection (1.5), the defendant shall provide notice to the prosecuting attorney as soon as practicable, but not later than thirty-five days prior to trial, of his or her notice of intent to rely upon the affirmative defense. The notice shall include a description of the uncontrollable circumstance or circumstances and the dates the uncontrollable circumstances began and ceased to exist in addition to the names and addresses of any witnesses the defendant plans to call to support the affirmative defense. The prosecuting attorney shall advise the defendant of the names and addresses of any additional witnesses who may be called to refute such affirmative defense as soon as practicable after their names become known. Upon the request of the prosecution, the court shall first rule as a matter of law whether the claimed facts and circumstances would, if established, constitute sufficient evidence to support submission to the jury.

(2)(a) Failure to register as a sex offender is a class 6 felony if the person was convicted of felony unlawful sexual behavior, or of another offense, the underlying factual basis of which includes felony unlawful sexual behavior, or if the person received a disposition or was adjudicated for an offense that would constitute felony unlawful sexual behavior if committed by an adult, or for another offense, the underlying factual basis of which involves felony unlawful sexual behavior; except that any second or subsequent offense of failure to register as a sex offender by such person is a class 5 felony.

(b) Any person convicted of felony failure to register as a sex offender shall be sentenced pursuant to the provisions of section 18-1.3-401. If such person is sentenced to probation, the court may require, as a condition of probation, that the person participate until further order of the court in an intensive supervision probation program established pursuant to section 18-1.3-1007. If such person is sentenced to incarceration and subsequently released on parole, the parole board may require, as a condition of parole, that the person participate in an intensive supervision parole program established pursuant to section 18-1.3-1005.

(c) A person who is convicted of a felony sex offense in another state or jurisdiction, including but not limited to a military or federal jurisdiction, and who commits failure to register as a sex offender in this state commits felony failure to register as a sex offender as specified in paragraph (a) of this subsection (2) and shall be sentenced as provided in paragraph (b) of this subsection (2).

(3)(a) Failure to register as a sex offender is a class 1 misdemeanor if the person was convicted of misdemeanor unlawful sexual behavior, or of another offense, the underlying factual basis of which involves misdemeanor unlawful sexual behavior, or if the person received a disposition or was adjudicated for an offense that would constitute misdemeanor unlawful sexual behavior if committed by an adult, or for another offense, the underlying factual basis of which involves misdemeanor unlawful sexual behavior. A class 1 misdemeanor conviction pursuant to this subsection (3) is an extraordinary risk crime that is subject to the modified sentencing range specified in section 18-1.3-501(3).

(b) A person who is convicted of a misdemeanor sex offense in another state or jurisdiction, including but not limited to a military or federal jurisdiction, and who commits failure to register as a sex offender in this state commits misdemeanor failure to register as a sex offender as specified in paragraph (a) of this subsection (3).

(4)(a) Any juvenile who receives a disposition or is adjudicated for a delinquent act of failure to register as a sex offender that would constitute a felony if committed by an adult shall be sentenced to a forty-five-day mandatory minimum detention sentence; except that any juvenile who receives a disposition or is adjudicated for a second or subsequent delinquent act of failure to register as a sex offender that would constitute a felony if committed by an adult shall be placed or committed out of the home for not less than one year.

(b) Any juvenile who receives a disposition or is adjudicated for a delinquent act of failure to register as a sex offender that would constitute a misdemeanor if committed by an adult shall be sentenced to a thirty-day mandatory minimum detention sentence; except that any juvenile who receives a disposition or is adjudicated for a second or subsequent delinquent act of failure to register as a sex offender that would constitute a misdemeanor if committed by an adult shall be sentenced to a forty-five-day mandatory minimum detention sentence.

(5) For purposes of this section, unless the context otherwise requires, “unlawful sexual behavior” has the same meaning as set forth in section 16-22-102(9), C.R.S.

(6)(a) When a peace officer determines that there is probable cause to believe that a crime of failure to register as a sex offender has been committed by a person required to register as a sexually violent predator in this state pursuant to article 22 of title 16, C.R.S., or in any other state, the officer shall arrest the person suspected of the crime. It shall be a condition of any bond posted by such person that the person shall register pursuant to the provisions of section 16-22-108, C.R.S., within seven days after release from incarceration.

(b) When a peace officer makes a warrantless arrest pursuant to this subsection (6), the peace officer shall immediately notify the Colorado bureau of investigation of the arrest. Upon receiving the notification, the Colorado bureau of investigation shall notify the jurisdiction where the sexually violent predator last registered. The jurisdiction where the sexually violent predator last registered, if it is not the jurisdiction where the probable cause arrest is made, shall coordinate with the arresting jurisdiction immediately to determine the appropriate jurisdiction that will file the charge. If the sexually violent predator is being held in custody after the arrest, the appropriate jurisdiction shall have no less than seven days after the date of the arrest to charge the sexually violent predator.

CREDIT(S)

Added by Laws 1991, S.B.91-96, § 1, eff. April 17, 1991. Repealed and reenacted by Laws 1994, H.B.94-1192, § 1, eff. July 1, 1994. Amended by Laws 1995, H.B.95-1044, § 16, eff. July 1, 1995; Laws 1995, H.B.95-1202, § 1, eff. June 5, 1995; Laws 1996, H.B.96-1005, § 25, eff. Jan. 1, 1997; Laws 1996, H.B.96-1181, § 5, eff. July 1, 1996; Laws 1997, H.B.97-1077, § 19, eff. July 1, 1997; Laws 1997, H.B.97-1084, § 1, eff. March 31, 1997; Laws 1997, H.B.97-1145, §§ 6, 7, eff. July 1, 1997; Laws 1997, S.B.97-84, § 9, eff. July 1, 1997; Laws 1998, Ch. 139, § 1, eff. April 21, 1998; Laws 1999, Ch. 215, § 19, eff. July 1, 1999; Laws 1999, Ch. 286, §§ 2, 6, 13, 14, 19, 20, 21, eff. July 1, 1999; Laws 2000, Ch. 78, § 3, eff. Aug. 2, 2000; Laws 2000, Ch. 125, § 2, eff. July 1, 2000; Laws 2000, Ch. 171, § 30, eff. July 1, 2000; Laws 2000, Ch. 173, §§ 1 to 5, eff. May 23, 2000; Laws 2000, Ch. 216, §§ 1 to 6, 8, eff. July 1, 2000; Laws 2001, Ch. 176, § 2, eff. May 29, 2001; Laws 2001, Ch. 199, §§ 1, 2, 8, eff. May 30, 2001; Laws 2001, Ch. 266, §§ 1 to 3, eff. June 5, 2001. Repealed and reenacted by Laws 2002, Ch. 297, § 2, eff. July 1, 2002. Amended by Laws 2002, Ch. 318, § 393, eff. Oct. 1, 2002; Laws 2004, Ch. 200, § 7, eff. Aug. 4, 2004; Laws 2004, Ch. 297, §§ 17, 18, eff. May 27, 2004; Laws 2006, Ch. 288, § 7, eff. May 30, 2006; Laws 2007, Ch. 54, § 4, eff. March 26, 2007; Laws 2007, Ch. 382, § 4, eff. July 1, 2007; Laws 2011, Ch. 224, § 10, eff. May 27, 2011; Laws 2012, Ch. 208, § 128, eff. July 1, 2012.

C.R.S.A. § 18-3-412.6

Effective: July 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 4. Unlawful Sexual Behavior (Refs & Annos)

§ 18-3-412.6. Failure to verify location as a sex offender

(1) A person who is required to register pursuant to article 22 of title 16, C.R.S. , and who lacks a fixed residence, as defined in that article, and who fails to comply with the provisions of section 16-22-109(3.5)(c)(I) or 16-22-109(3.5)(c)(II), C.R.S., commits the offense of failure to verify location as a sex offender.

(2)(a) In a prosecution for a violation of this section, it is an affirmative defense that:

(I) Uncontrollable circumstances prevented the person from complying; and

(II) The person did not contribute to the creation of the circumstances in reckless disregard of the requirement to comply; and

(III) The person complied as soon as the circumstances ceased to exist.

(b) In order to assert the affirmative defense pursuant to this subsection (2), the defendant shall provide notice to the prosecuting attorney as soon as practicable, but not later than thirty days prior to trial, of his or her notice of intent to rely upon the affirmative defense. The notice shall include a description of the uncontrollable circumstance or circumstances and the dates that the uncontrollable circumstances began and ceased to exist in addition to the names and addresses of any witnesses the defendant plans to call to support the affirmative defense. The prosecuting attorney shall advise the defendant of the names and addresses of any additional witnesses who may be called to refute the affirmative defense as soon as practicable after their names become known. Upon the request of the prosecution, the court shall first rule as a matter of law whether the claimed facts and circumstances would, if established, constitute sufficient evidence to support submission to the jury.

(3) Failure to verify location as a sex offender is an unclassified misdemeanor punishable by a sentence of up to thirty days in the county jail; except that a third or subsequent violation of this section is an unclassified misdemeanor punishable by up to one year in the county jail.

(4) Failure to verify location as a sex offender is not a sexual offense subject to the provisions of sections 16-11.7-104 and 16-11.7-105, C.R.S., and, notwithstanding any other provision of law to the contrary, offenders convicted of a violation of this section are not eligible for probation pursuant to part 2 of article 1.3 of this title.

CREDIT(S)

Added by Laws 2012, Ch. 220, § 6, eff. July 1, 2012.

C.R.S.A. § 18-3-413

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 4. Unlawful Sexual Behavior (Refs & Annos)

§ 18-3-413. Video tape depositions--children--victims of sexual offenses

(1) When a defendant has been charged with an unlawful sexual offense, as defined in section 18-3-411(1), or incest, as defined in section 18-6-301, and when the victim at the time of the commission of the act is a child less than fifteen years of age, the prosecution may apply to the court for an order that a deposition be taken of the victim's testimony and that the deposition be recorded and preserved on video tape.

(2) The prosecution shall apply for the order in writing at least three days prior to the taking of the deposition. The defendant shall receive reasonable notice of the taking of the deposition.

(3) Upon timely receipt of the application, the court shall make a preliminary finding regarding whether, at the time of trial, the victim is likely to be medically unavailable or otherwise unavailable within the meaning of rule 804(a) of the Colorado rules of evidence. Such finding shall be based on, but not be limited to, recommendations from the child's therapist or any other person having direct contact with the child, whose recommendations are based on specific behavioral indicators exhibited by the child. If the court so finds, it shall order that the deposition be taken, pursuant to rule 15(d) of the Colorado rules of criminal procedure, and preserved on video tape. The prosecution shall transmit the video tape to the clerk of the court in which the action is pending.

(4) If at the time of trial the court finds that further testimony would cause the victim emotional trauma so that the victim is medically unavailable or otherwise unavailable within the meaning of rule 804(a) of the Colorado rules of evidence, the court may admit the video tape of the victim's deposition as former testimony under rule 804(b)(1) of the Colorado rules of evidence.

(5) Nothing in this section shall prevent the admission into evidence of any videotaped statements of children which would qualify for admission pursuant to section 13-25-129, C.R.S., or any other statute or rule of evidence.

CREDIT(S)

Added by Laws 1983, S.B.26, § 4. Amended by Laws 1991, H.B.91-1086, § 12, eff. June 6, 1991; Laws 2003, Ch. 134, § 6, eff. April 17, 2003.

C.R.S.A. § 18-3-413.5

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 4. Unlawful Sexual Behavior (Refs & Annos)

§ 18-3-413.5. Repealed by Laws 2005, Ch. 128, § 8, eff. April 29, 2005

C.R.S.A. § 18-3-414

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 4. Unlawful Sexual Behavior (Refs & Annos)

§ 18-3-414. Payment of treatment costs for the victim or victims of a sexual offense against a child

(1) In addition to any other penalty provided by law, the court may order any person who is convicted of an unlawful sexual offense, as defined in section 18-3-411(1), or of incest, as defined in section 18-6-301, when the victim was under the age of fifteen at the time of the commission of the offense, to meet all or any portion of the financial obligations of treatment prescribed for the victim or victims of his or her offense.

(2) At the time of sentencing, the court may order that an offender described in subsection (1) of this section be put on a period of probation for the purpose of paying the treatment costs of the victim or victims.

CREDIT(S)

Added by Laws 1983, S.B.26, § 5. Amended by Laws 2003, Ch. 134, § 8, eff. April 17, 2003.

C.R.S.A. § 18-3-414.5

Effective: March 26, 2008

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 4. Unlawful Sexual Behavior (Refs & Annos)

§ 18-3-414.5. Sexually violent predators--assessment--annual report

(1) As used in this section, unless the context otherwise requires:

(a) “Sexually violent predator” means an offender:

(I) Who is eighteen years of age or older as of the date the offense is committed or who is less than eighteen years of age as of the date the offense is committed but is tried as an adult pursuant to section 19-2-517 or 19-2-518, C.R.S.;

(II) Who has been convicted on or after July 1, 1999, of one of the following offenses, or of an attempt, solicitation, or conspiracy to commit one of the following offenses, committed on or after July 1, 1997:

(A) Sexual assault, in violation of section 18-3-402 or sexual assault in the first degree, in violation of section 18-3-402, as it existed prior to July 1, 2000;

(B) Sexual assault in the second degree, in violation of section 18-3-403, as it existed prior to July 1, 2000;

(C) Unlawful sexual contact, in violation of section 18-3-404(1.5) or (2) or sexual assault in the third degree, in violation of section 18-3-404(1.5) or (2), as it existed prior to July 1, 2000;

(D) Sexual assault on a child, in violation of section 18-3-405; or

(E) Sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3;

(III) Whose victim was a stranger to the offender or a person with whom the offender established or promoted a relationship primarily for the purpose of sexual victimization; and

(IV) Who, based upon the results of a risk assessment screening instrument developed by the division of criminal justice in consultation with and approved by the sex offender management board established pursuant to section 16-11.7-103(1), C.R.S., is likely to subsequently commit one or more of the offenses specified in subparagraph (II) of this paragraph (a) under the circumstances described in subparagraph (III) of this paragraph (a).

(b) “Convicted” includes having received a verdict of guilty by a judge or jury, having pleaded guilty or nolo contendere, or having received a deferred judgment and sentence.

(2) When a defendant is convicted of one of the offenses specified in subparagraph (II) of paragraph (a) of subsection (1) of this section, the probation department shall, in coordination with the evaluator completing the mental health sex offense specific evaluation, complete the sexually violent predator risk assessment, unless the evaluation and assessment have been completed within the six months prior to the conviction or the defendant has been previously designated a sexually violent predator. Based on the results of the assessment, the court shall make specific findings of fact and enter an order concerning whether the defendant is a sexually violent predator. If the defendant is found to be a sexually violent predator, the defendant shall be required to register pursuant to the provisions of section 16-22-108, C.R.S., and shall be subject to community notification pursuant to part 9 of article 13 of title 16, C.R.S. If the department of corrections receives a mittimus that indicates that the court did not make a specific finding of fact or enter an order regarding whether the defendant is a sexually violent predator, the department shall immediately notify the court and, if necessary, return the defendant to the custody of the sheriff for delivery to the court, and the court shall make a finding or enter an order regarding whether the defendant is a sexually violent predator; except that this provision shall not apply if the court was not required to enter the order when imposing the original sentence in the case.

(3) When considering release on parole or discharge for an offender who was convicted of one of the offenses specified in subparagraph (II) of paragraph (a) of subsection (1) of this section, if there has been no previous court order, the parole board shall make specific findings concerning whether the offender is a sexually violent predator, based on the results of a sexually violent predator assessment. If no previous assessment has been completed, the parole board shall order the department of corrections to complete a sexually violent predator assessment. If the parole board finds that the offender is a sexually violent predator, the offender shall be required to register pursuant to the provisions of section 16-22-108, C.R.S., and shall be subject to community notification pursuant to part 9 of article 13 of title 16, C.R.S.

(4) On or before January 15, 2008, and on or before January 15 each year thereafter, the judicial department and the department of corrections shall jointly submit to the judiciary committees of the senate and the house of representatives, or any successor committees, to the division of criminal justice in the department of public safety, and to the governor a report specifying the following information:

(a) The number of offenders evaluated pursuant to this section in the preceding twelve months;

(b) The number of sexually violent predators identified pursuant to this section in the preceding twelve months;

(c) The total number of sexually violent predators in the custody of the department of corrections at the time of the report, specifying those incarcerated, those housed in community corrections, and those on parole, including the level of supervision for each sexually violent predator on parole;

(d) The length of the sentence imposed on each sexually violent predator in the custody of the department of corrections at the time of the report;

(e) The number of sexually violent predators discharged from parole during the preceding twelve months;

(f) The total number of sexually violent predators on probation at the time of the report and the level of supervision of each sexually violent predator on probation; and

(g) The number of sexually violent predators discharged from probation during the preceding twelve months.

CREDIT(S)

Added by Laws 1997, S.B.97-84, § 10, eff. July 1, 1997. Amended by Laws 1998, Ch. 139, § 2, eff. April 21, 1998; Laws 1999, Ch. 286, § 9, eff. July 1, 1999; Laws 2000, Ch. 171, § 31, eff. July 1, 2000; Laws 2001, Ch. 199, § 4, eff. May 30, 2001; Laws 2002, Ch. 297, § 22, eff. July 1, 2002; Laws 2006, Ch. 288, § 8, eff. May 30, 2006; Laws 2007, Ch. 58, § 1, eff. March 26, 2007; Laws 2008, Ch. 73, § 1, eff. March 26, 2008.

C.R.S.A. § 18-3-415

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 4. Unlawful Sexual Behavior (Refs & Annos)

§ 18-3-415. Acquired immune deficiency syndrome testing for persons charged with any sexual offense

Any adult or juvenile who is bound over for trial for any sexual offense involving sexual penetration as defined in section 18-3-401(6), subsequent to a preliminary hearing or after having waived the right to a preliminary hearing, or any person who is indicted for or is convicted of any such offense, shall be ordered by the court to submit to a diagnostic test for the human immunodeficiency virus (HIV) that causes acquired immune deficiency syndrome, said diagnostic test to be ordered in conjunction with the diagnostic test ordered pursuant to section 18-3-415.5. The results of such diagnostic test shall be reported to the court or the court's designee, who shall then disclose the results to any victim of the sexual offense who requests such disclosure. Review and disclosure of diagnostic test results by the courts shall be closed and confidential, and any transaction records relating thereto shall also be closed and confidential. If the person who is bound over for trial or who is indicted for or convicted of any such offense voluntarily submits to a diagnostic test for the human immunodeficiency virus (HIV), the fact of such person's voluntary submission shall be admissible in mitigation of sentence if the person is convicted of the charged offense.

CREDIT(S)

Added by Laws 1988, S.B.8, § 1. Amended by Laws 1993, H.B.93-1088, § 16, eff. July 1, 1993; Laws 1999, Ch. 254, § 10, eff. May 29, 1999; Laws 2000, Ch. 131, § 1, eff. April 24, 2000.

C.R.S.A. § 18-3-415.5

Effective: August 11, 2010

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 4. Unlawful Sexual Behavior (Refs & Annos)

§ 18-3-415.5. Acquired immune deficiency syndrome testing for persons charged with certain sexual offenses--mandatory sentencing

(1) For purposes of this section, “sexual offense” is limited to a sexual offense that consists of sexual penetration, as defined in section 18-3-401(6), involving sexual intercourse or anal intercourse.

(2) Any adult or juvenile who is bound over for trial subsequent to a preliminary hearing or after having waived the right to a preliminary hearing on a charge of committing a sexual offense shall be ordered by the court to submit to a diagnostic test for the human immunodeficiency virus (HIV) that causes acquired immune deficiency syndrome, said diagnostic test to be ordered in conjunction with the diagnostic test ordered pursuant to section 18-3-415. The results of said diagnostic test shall be reported to the district attorney. The district attorney shall keep the results of such diagnostic test strictly confidential, except for purposes of pleading and proving the mandatory sentencing provisions specified in subsection (5) of this section.

(3)(a) If the person tested pursuant to subsection (2) of this section tests positive for the human immunodeficiency virus (HIV) that causes acquired immune deficiency syndrome, the district attorney may contact the state department of public health and environment or any county, district, or municipal public health agency to determine whether said person had been notified prior to the date of the offense for which the person has been bound over for trial that he or she tested positive for the human immunodeficiency virus (HIV) that causes acquired immune deficiency syndrome.

(b) If the district attorney determines that the person tested pursuant to subsection (2) of this section had notice of his or her HIV infection prior to the date the offense was committed, the district attorney may file an indictment or information alleging such knowledge and seeking the mandatory sentencing provisions authorized in subsection (5) of this section. Any such allegation shall be kept confidential from the jury and under seal of court.

(c) The state department of public health and environment or any county, district, or municipal public health agency shall provide documentary evidence limited to whether the person tested pursuant to subsection (2) of this section had notice of or had discussion concerning his or her HIV infection and the date of such notice or discussion. The parties may stipulate that the person identified in said documents as having notice or discussion of his or her HIV infection is the person tested pursuant to subsection (2) of this section. Such stipulation shall constitute conclusive proof that said person had notice of his or her HIV infection prior to committing the substantive offense, and the court shall sentence said person in accordance with subsection (5) of this section.

(d) If the parties do not stipulate as provided in paragraph (c) of this subsection (3), an officer or employee of the state department of public health and environment or of the county, district, or municipal public health agency who has had contact with the person tested pursuant to subsection (2) of this section regarding his or her HIV infection and can identify said person shall provide, for purposes of pretrial preparation and in court proceedings, oral and documentary evidence limited to whether said person had notice of or had discussion concerning his or her HIV infection and the date of such notice or discussion. If the state department or the county, district, or municipal public health agency no longer employs an officer or employee who has had contact with the person tested pursuant to subsection (2) of this section regarding the person's HIV infection, the state department or the county, district, or municipal public health agency shall provide:

(I) The names of and current addresses, if available, for each former officer or employee who had contact with the person tested pursuant to subsection (2) of this section regarding the person's HIV infection;

(II) Documentary evidence concerning whether the person tested pursuant to subsection (2) of this section was provided notice of or had discussion concerning his or her HIV infection and the date of such notice or discussion; and

(III) If none of said former officers or employees are available, any officer or employee who has knowledge regarding whether the person tested pursuant to subsection (2) of this section was provided notice of or had discussion concerning his or her HIV infection and the date of such notice or discussion. Said officer or employee shall provide such evidence for purposes of pretrial preparation and in court proceedings.

(4) Nothing in this section shall be interpreted as abridging the confidentiality requirements imposed on the state department of public health and environment and the county, district, and municipal public health agencies pursuant to part 14 of article 4 of title 25, C.R.S., with regard to any person or entity other than as specified in this section.

(5)(a) If a verdict of guilty is returned on the substantive offense with which the person tested pursuant to subsection (2) of this section is charged, the court shall conduct a separate sentencing hearing as soon as practicable to determine whether said person had notice of his or her HIV infection prior to the date the offense was committed, as alleged. The sentencing hearing shall be conducted by the judge who presided at trial or before whom the guilty plea was entered or a replacement for said judge in the event he or she dies, resigns, is incapacitated, or is otherwise disqualified as provided in section 16-6-201, C.R.S. At the sentencing hearing, the district attorney shall have the burden of proving beyond a reasonable doubt that said person had notice of his or her HIV infection prior to the date the offense was committed, as alleged.

(b) If the court determines that the person tested pursuant to subsection (2) of this section had notice of his or her HIV infection prior to the date the offense was committed, the judge shall sentence said person to a mandatory term of incarceration of at least three times the upper limit of the presumptive range for the level of offense committed, up to the remainder of the person's natural life, as provided in section 18-1.3-1004.

CREDIT(S)

Added by Laws 1999, Ch. 254, § 5, eff. May 29, 1999. Amended by Laws 2000, Ch. 131, § 2, eff. April 24, 2000; Laws 2002, Ch. 318, § 195, eff. Oct. 1, 2002; Laws 2010, Ch. 419, § 33, eff. Aug. 11, 2010.

C.R.S.A. § 18-3-416

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 4. Unlawful Sexual Behavior (Refs & Annos)

§ 18-3-416. Reports of convictions to department of education

When a person is convicted, pleads nolo contendere, or receives a deferred sentence for a violation of the provisions of this part 4 when the victim is a child and the court knows the person is a current or former employee of a school district in this state or holds a license or authorization pursuant to the provisions of article 60.5 of title 22, C.R.S., the court shall report such fact to the department of education.

CREDIT(S)

Added by Laws 1990, H.B.90-1133, § 6, eff. July 1, 1990. Amended by Laws 2000, Ch. 369, § 31, eff. Aug. 2, 2000.

C.R.S.A. § 18-3-417

Effective: May 23, 2007

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 4. Unlawful Sexual Behavior (Refs & Annos)

§ 18-3-417. Reports of sexual assault by applicants, registrants, or licensed professionals

When the director of the division of professions and occupations or a board or commission within the division of professions and occupations in the department of regulatory agencies refers a case to the office of expedited settlement or the office of the attorney general for disciplinary action related to an alleged offense described in this part 4, the office of expedited settlement or the office of the attorney general shall forward the victim's contact information to a victim's advocate in the office of the attorney general. The victim's advocate shall make reasonable efforts to advise the victim of the right to pursue criminal action, the right to pursue civil action, the applicable statutes of limitations, and contact information for the police, sheriff, and community-based resources in the jurisdiction where the alleged offense occurred. This provision shall not prohibit additional reporting of criminal offenses by the attorney general.

CREDIT(S)

Added by Laws 2007, Ch. 274, § 1, eff. May 23, 2007.

C.R.S.A. § 18-3-501

Effective: April 21, 2010

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 5. Human Trafficking and Slavery

§ 18-3-501. Trafficking in adults

(1) A person commits trafficking in adults if he or she:

(a) Sells, exchanges, barters, or leases an adult and receives any money or other consideration or thing of value for the adult as a result of such transaction; or

(b) Receives an adult as a result of a transaction described in paragraph (a) of this subsection (1).

(2) As used in this section, “adult” means a person eighteen years of age or older.

(3) Trafficking in adults is a class 3 felony unless the adult or adults who have been trafficked are illegally present in the United States, in which case trafficking in adults is a class 2 felony.

CREDIT(S)

Added by Laws 2010, Ch. 156, § 1, eff. April 21, 2010.

C.R.S.A. § 18-3-502

Effective: April 21, 2010

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 5. Human Trafficking and Slavery

§ 18-3-502. Trafficking in children

(1) A person commits trafficking in children if he or she:

(a) Sells, exchanges, barters, or leases a child and receives any money or other consideration or thing of value for the child as a result of such transaction; or

(b) Receives a child as a result of a transaction described in paragraph (a) of this subsection (1).

(2) As used in this section, “child” means a person under eighteen years of age.

(3) Trafficking in children is a class 2 felony.

CREDIT(S)

Added by Laws 2010, Ch. 156, § 1, eff. April 21, 2010.

C.R.S.A. § 18-3-503

Effective: April 21, 2010

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 5. Human Trafficking and Slavery

§ 18-3-503. Coercion of involuntary servitude

(1) A person commits coercion of involuntary servitude if he or she coerces another person to perform labor or services by:

(a) Withholding or threatening to destroy documents relating to a person's immigration status;

(b) Threatening to notify law enforcement officials that a person is present in the United States in violation of federal immigration laws;

(d) Means of a scheme, plan, or pattern intended to cause the person to believe that, if the person does not perform the labor or services, he or she or another person would suffer serious harm or physical restraint; or

(e) Abusing or threatening abuse of law or the legal process.

(2) A person may commit coercion of involuntary servitude regardless of whether the person provides compensation to the person who is coerced.

(3) Coercion of involuntary servitude is a class 6 felony.

CREDIT(S)

Added by Laws 2010, Ch. 156, § 1, eff. April 21, 2010.

C.R.S.A. § 18-3-601

Effective: August 11, 2010

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 6. Stalking

§ 18-3-601. Legislative declaration

(1) The general assembly hereby finds and declares that:

(a) Stalking is a serious problem in this state and nationwide;

(b) Although stalking often involves persons who have had an intimate relationship with one another, it can also involve persons who have little or no past relationship;

(c) A stalker will often maintain strong, unshakable, and irrational emotional feelings for his or her victim and may likewise believe that the victim either returns these feelings of affection or will do so if the stalker is persistent enough. Further, the stalker often maintains this belief, despite a trivial or nonexistent basis for it and despite rejection, lack of reciprocation, efforts to restrict or avoid the stalker, and other facts that conflict with this belief.

(d) A stalker may also develop jealousy and animosity for persons who are in relationships with the victim, including family members, employers and co-workers, and friends, perceiving them as obstacles or as threats to the stalker's own “relationship” with the victim;

(e) Because stalking involves highly inappropriate intensity, persistence, and possessiveness, it entails great unpredictability and creates great stress and fear for the victim;

(f) Stalking involves severe intrusions on the victim's personal privacy and autonomy, with an immediate and long-lasting impact on quality of life as well as risks to security and safety of the victim and persons close to the victim, even in the absence of express threats of physical harm.

(2) The general assembly hereby recognizes the seriousness posed by stalking and adopts the provisions of this part 6 with the goal of encouraging and authorizing effective intervention before stalking can escalate into behavior that has even more serious consequences.

CREDIT(S)

Relocated and amended by Laws 2010, Ch. 88, § 1, eff. Aug. 11, 2010.

C.R.S.A. § 18-3-602

Effective: May 11, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3. Offenses Against the Person (Refs & Annos)

Part 6. Stalking

§ 18-3-602. Stalking--penalty--definitions--Vonnie’s law

(1) A person commits stalking if directly, or indirectly through another person, the person knowingly:

(a) Makes a credible threat to another person and, in connection with the threat, repeatedly follows, approaches, contacts, or places under surveillance that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship; or

(b) Makes a credible threat to another person and, in connection with the threat, repeatedly makes any form of communication with that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship, regardless of whether a conversation ensues; or

(c) Repeatedly follows, approaches, contacts, places under surveillance, or makes any form of communication with another person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship in a manner that would cause a reasonable person to suffer serious emotional distress and does cause that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship to suffer serious emotional distress. For purposes of this paragraph (c), a victim need not show that he or she received professional treatment or counseling to show that he or she suffered serious emotional distress.

(2) For the purposes of this part 6:

(a) Conduct “in connection with” a credible threat means acts that further, advance, promote, or have a continuity of purpose, and may occur before, during, or after the credible threat.

(b) “Credible threat” means a threat, physical action, or repeated conduct that would cause a reasonable person to be in fear for the person's safety or the safety of his or her immediate family or of someone with whom the person has or has had a continuing relationship. The threat need not be directly expressed if the totality of the conduct would cause a reasonable person such fear.

(d) “Repeated” or “repeatedly” means on more than one occasion.

(3) A person who commits stalking:

(a) Commits a class 5 felony for a first offense except as otherwise provided in subsection (5) of this section; or

(b) Commits a class 4 felony for a second or subsequent offense, if the offense occurs within seven years after the date of a prior offense for which the person was convicted.

(4) Stalking is an extraordinary risk crime that is subject to the modified presumptive sentencing range specified in section 18-1.3-401(10).

(5) If, at the time of the offense, there was a temporary or permanent protection order, injunction, or condition of bond, probation, or parole or any other court order in effect against the person, prohibiting the behavior described in this section, the person commits a class 4 felony.

(6) Nothing in this section shall be construed to alter or diminish the inherent authority of the court to enforce its orders through civil or criminal contempt proceedings; however, before a criminal contempt proceeding is heard before the court, notice of the proceedings shall be provided to the district attorney for the judicial district of the court where the proceedings are to be heard and the district attorney for the judicial district in which the alleged act of criminal contempt occurred. The district attorney for either district shall be allowed to appear and argue for the imposition of contempt sanctions.

(7) A peace officer shall have a duty to respond as soon as reasonably possible to a report of stalking and to cooperate with the alleged victim in investigating the report.

(8)(a) When a person is arrested for an alleged violation of this section, the fixing of bail for the crime of stalking shall be done in accordance with section 16-4-103(2)(d), C.R.S., and a protection order shall issue in accordance with section 18-1-1001(5).

(b) This subsection (8) shall be known and may be cited as “Vonnie's law”.

(9) When a violation under this section is committed in connection with a violation of a court order, including but not limited to any protection order or any order that sets forth the conditions of a bond, any sentences imposed pursuant to this section and pursuant to section 18-6-803.5 or any sentence imposed in a contempt proceeding for violation of the court order shall be served consecutively and not concurrently.

CREDIT(S)

Relocated and amended by Laws 2010, Ch. 88, § 1, eff. Aug. 11, 2010. Amended by Laws 2012, Ch. 176, §§ 1, 4, eff. May 11, 2012.

C.R.S.A. T. 18, Art. 3.5, Refs & Annos

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 3.5. Unlawful Termination of Pregnancy

C.R.S.A. § 18-3.5-101

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3.5. Unlawful Termination of Pregnancy (Refs & Annos)

§ 18-3.5-101. Unlawful termination of pregnancy

(1) A person commits the offense of unlawful termination of a pregnancy if, with intent to terminate unlawfully the pregnancy of another person, the person unlawfully terminates the other person's pregnancy.

(2) Unlawful termination of a pregnancy is a class 4 felony.

CREDIT(S)

Added by Laws 2003, Ch. 340, § 2, eff. July 1, 2003.

C.R.S.A. § 18-3.5-102

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3.5. Unlawful Termination of Pregnancy (Refs & Annos)

§ 18-3.5-102. Exclusions

Nothing in this article shall permit the prosecution of a person for providing medical treatment, including but not limited to an abortion, in utero treatment, or treatment resulting in live birth, to a pregnant woman for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which consent is implied by law.

CREDIT(S)

Added by Laws 2003, Ch. 340, § 2, eff. July 1, 2003.

C.R.S.A. T. 18, Art. 4, Refs & Annos

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 4. Offenses Against Property

C.R.S.A. T. 18, Art. 4, Pt. 1, Refs & Annos

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 4. Offenses Against Property

Part 1. Arson

C.R.S.A. § 18-4-101

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 4. Offenses Against Property (Refs & Annos)

Part 1. Arson (Refs & Annos)

§ 18-4-101. Definitions

As used in this article, unless the context otherwise requires:

(1) “Building” means a structure which has the capacity to contain, and is designed for the shelter of, man, animals, or property, and includes a ship, trailer, sleeping car, airplane, or other vehicle or place adapted for overnight accommodations of persons or animals, or for carrying on of business therein, whether or not a person or animal is actually present.

(2) “Occupied structure” means any area, place, facility, or enclosure which, for particular purposes, may be used by persons or animals upon occasion, whether or not included within the definition of “building” in subsection (1) of this section, and which is in fact occupied by a person or animal, and known by the defendant to be thus occupied at the time he acts in violation of one or more of sections 18-4-102 to 18-4-105.

(3) Property is that of “another” if anyone other than the defendant has a possessory or proprietary interest therein.

(4) If a building is divided into units for separate occupancy, any unit not occupied by the defendant is a “building of another”.

C.R.S.A. § 18-4-102

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 4. Offenses Against Property (Refs & Annos)

Part 1. Arson (Refs & Annos)

§ 18-4-102. First degree arson

(1) A person who knowingly sets fire to, burns, causes to be burned, or by the use of any explosive damages or destroys, or causes to be damaged or destroyed, any building or occupied structure of another without his consent commits first degree arson.

(2) First degree arson is a class 3 felony.

(3) A defendant convicted of committing first degree arson by the use of any explosive shall be sentenced by the court in accordance with the provisions of section 18-1.3-406.

CREDIT(S)

Amended by Laws 1977, H.B.1654, § 19; Laws 1986, H.B.1008, § 8; Laws 2002, Ch. 318, § 196, eff. Oct. 1, 2002.

C.R.S.A. § 18-4-103

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 4. Offenses Against Property (Refs & Annos)

Part 1. Arson (Refs & Annos)

§ 18-4-103. Second degree arson

(1) A person who knowingly sets fire to, burns, causes to be burned, or by the use of any explosive damages or destroys, or causes to be damaged or destroyed, any property of another without his consent, other than a building or occupied structure, commits second degree arson.

(2) Second degree arson is a class 4 felony, if the damage is one hundred dollars or more.

(3) Second degree arson is a class 2 misdemeanor, if the damage is less than one hundred dollars.

CREDIT(S)

Amended by Laws 1977, H.B.1654, § 20.

C.R.S.A. § 18-4-104

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 4. Offenses Against Property (Refs & Annos)

Part 1. Arson (Refs & Annos)

§ 18-4-104. Third degree arson

(1) A person who, by means of fire or explosives, intentionally damages any property with intent to defraud commits third degree arson.

(2) Third degree arson is a class 4 felony.

C.R.S.A. § 18-4-105

Effective: August 11, 2010

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 4. Offenses Against Property (Refs & Annos)

Part 1. Arson (Refs & Annos)

§ 18-4-105. Fourth degree arson

(1) A person who knowingly or recklessly starts or maintains a fire or causes an explosion, on his own property or that of another, and by so doing places another in danger of death or serious bodily injury or places any building or occupied structure of another in danger of damage commits fourth degree arson.

(2) Fourth degree arson is a class 4 felony if a person is thus endangered.

(3) Fourth degree arson is a class 2 misdemeanor if only property is thus endangered and the value of the property is one hundred dollars or more.

(4) Fourth degree arson is a class 3 misdemeanor if only property is thus endangered and the value of the property is less than one hundred dollars.

(5) It shall not be an arson offense pursuant to this section if:

(a) A person starts and maintains a fire as a controlled agricultural burn in a reasonably cautious manner; and

(b) No person suffers any of the following as a result of the f