C.R.S. § 16-11.7-102 — CO Code / Title 16 / Article 11.7 / Section 16-11.7-102
16-11.7-102. Definitions
Status: in_force

16-11.7-102. Definitions. As used in this article 11.7, unless the context otherwise requires:

(1) "Adult sex offender" means a person who has been convicted, as described in subsection (2)(a)(I), (2)(a)(II), or (2)(a)(IV) of this section, of a sex offense, but does not include a person who meets the definition of a "juvenile who has committed a sexual offense", as defined in subsection (1.5) of this section, unless the person has also been convicted of a sex offense committed on or after the day the person attained eighteen years of age or who is sentenced for a sex offense on or after the day the person attained twenty-one years of age.

(1.3) "Board" means the sex offender management board created in section 16-11.7-103.

(1.5) "Juvenile who has committed a sexual offense" means a juvenile who was less than eighteen years of age at the time of the sex offense and who has been adjudicated as a juvenile or who receives a deferred adjudication or who is sentenced prior to attaining twenty-one years of age after being criminally convicted in the district court pursuant to section 19-2-517 or 19-2-518 on or after July 1, 2002, or section 19-2.5-801 or 19-2.5-802 on or after October 1, 2021, for an offense that would constitute a sex offense, as defined in subsection (3) of this section, if committed as an adult, or a juvenile who has committed any offense, the underlying factual basis of which involves a sex offense.

(2) (a) "Sex offender" means any person who is:

(I) Convicted in the state of Colorado on or after January 1, 1994, of any sex offense as defined in subsection (3) of this section;

(II) Convicted in the state of Colorado on or after July 1, 2000, of any criminal offense, the underlying factual basis of which involves a sex offense;

(III) A juvenile who has committed a sexual offense; or

(IV) A person who:

(A) Was evaluated because of a discretionary request by a prosecuting attorney or court pursuant to section 16-11-102; and

(B) A court determines should undergo sex offender treatment based upon the recommendations of the evaluation and identification pursuant to section 16-11.7-104; and

(C) Is convicted in the state of Colorado on or after January 1, 1994, of any criminal offense and, if the person has previously been convicted of a sex offense as defined in subsection (3) of this section, in the state of Colorado; or if the person has previously been convicted in any other jurisdiction of any offense that would constitute a sex offense as defined in subsection (3) of this section; or if the person has a history of any sex offenses as defined in subsection (3) of this section.

(b) For purposes of this subsection (2), any person who receives a deferred judgment or deferred sentence for the offenses specified in this subsection (2) is deemed convicted.

(3) "Sex offense" means any felony or misdemeanor offense described in this subsection (3) as follows:

(a) (I) Sexual assault, in violation of section 18-3-402, C.R.S.; or

(II) Sexual assault in the first degree, in violation of section 18-3-402, C.R.S., as it existed prior to July 1, 2000;

(b) Sexual assault in the second degree, in violation of section 18-3-403, C.R.S., as it existed prior to July 1, 2000;

(c) (I) Unlawful sexual contact, in violation of section 18-3-404, C.R.S.; or

(II) Sexual assault in the third degree, in violation of section 18-3-404, C.R.S., as it existed prior to July 1, 2000;

(d) Sexual assault on a child, in violation of section 18-3-405, C.R.S.;

(e) Sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3, C.R.S.;

(f) Sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5, C.R.S.;

(g) Enticement of a child, in violation of section 18-3-305, C.R.S.;

(h) Incest, in violation of section 18-6-301, C.R.S.;

(i) Aggravated incest, in violation of section 18-6-302, C.R.S.;

(j) Human trafficking of a minor for sexual servitude, as described in section 18-3-504 (2), C.R.S.;

(k) Sexual exploitation of children, in violation of section 18-6-403, C.R.S.;

(l) Procurement of a child for sexual exploitation, in violation of section 18-6-404, C.R.S.;

(m) Indecent exposure, in violation of section 18-7-302, C.R.S.;

(n) Soliciting for child prostitution, in violation of section 18-7-402, C.R.S.;

(o) Pandering of a child, in violation of section 18-7-403, C.R.S.;

(p) Procurement of a child, in violation of section 18-7-403.5, C.R.S.;

(q) Keeping a place of child prostitution, in violation of section 18-7-404, C.R.S.;

(r) Pimping of a child, in violation of section 18-7-405, C.R.S.;

(s) Inducement of child prostitution, in violation of section 18-7-405.5, C.R.S.;

(t) Patronizing a prostituted child, in violation of section 18-7-406, C.R.S.;

(u) Criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in this subsection (3);

(v) Class 4 felony internet luring of a child, in violation of section 18-3-306 (3), C.R.S.;

(w) Internet sexual exploitation of a child in violation of section 18-3-405.4, C.R.S.;

(x) Public indecency, committed in violation of section 18-7-301 (2)(b), if a second offense is committed within five years of the previous offense or a third or subsequent offense is committed;

(y) Invasion of privacy for sexual gratification, as described in section 18-3-405.6;

(z) Unlawful electronic sexual communication, in violation of section 18-3-418; or

(aa) Unlawful sexual conduct by a peace officer, in violation of section 18-3-405.7.

(4) "Treatment" means therapy, monitoring, and supervision of any sex offender which conforms to the standards created by the board pursuant to section 16-11.7-103.
C.R.S. § 16-11.7-104 — CO Code / Title 16 / Article 11.7 / Section 16-11.7-104
16-11.7-104. Sex offenders - evaluation and identification required
Status: in_force

16-11.7-104. Sex offenders - evaluation and identification required. (1) When required as part of the presentence or probation investigation pursuant to sections 16-11-102 (1)(b)(I) and 16-11.7-102 (2)(a)(I) to (2)(a)(IV), on and after January 1, 1994, each convicted adult sex offender and juvenile who has committed a sexual offense who is to be considered for probation is required to submit to an evaluation for treatment, an evaluation for risk, procedures required for monitoring of behavior to protect victims and potential victims, and an identification developed pursuant to section 16-11.7-103 (4).

(2) The evaluation and identification required by subsection (1) of this section shall be at the expense of the person evaluated, based upon such person's ability to pay for such treatment.
C.R.S. § 16-14-105 — CO Code / Title 16 / Article 14 / Section 16-14-105
16-14-105. Escape voids request
Status: in_force

16-14-105. Escape voids request. Escape from custody by any prisoner subsequent to his execution of a request for final disposition of an untried indictment, information, or criminal complaint shall void the request.
C.R.S. § 16-18-104 — CO Code / Title 16 / Article 18 / Section 16-18-104
16-18-104. Prosecuting witness before grand jury liable - when
Status: in_force

16-18-104. Prosecuting witness before grand jury liable - when. If any person complains to any grand jury of injury done to his person, or to any person of his household, or to his property, and after indictment found does not appear in the court in which the indictment is pending to give evidence in that behalf against the party charged in the indictment, and the party charged is acquitted, or if proceedings under said indictment are discontinued for want of testimony, the court in which the indictment is pending shall give judgment against the person who preferred the complaint for the costs arising in that case. Upon the trial of the party charged in any such indictment, if he is acquitted and the jury finds that the proceeding was maliciously commenced, the court shall give judgment against the prosecuting witness for the costs arising in the case. Whenever any person complains, the grand jury shall cause the name of the person so complaining to be endorsed upon the indictment, with the words "prosecuting witness" added, and this shall be evidence that the complaint was made by the person whose name is thus endorsed.
C.R.S. § 16-10-402 — CO Code / Title 16 / Article 10 / Part 4 / Section 16-10-402
16-10-402. Use of closed-circuit television - child or witness with intellectual and develo
Status: in_force

16-10-402. Use of closed-circuit television - child or witness with intellectual and developmental disabilities. (1) (a) When a witness at the time of a trial is a child less than twelve years of age, or is a person who has an intellectual and developmental disability as defined in section 25.5-10-202, C.R.S., the court may, upon motion of a party or upon its own motion, order that the witness's testimony be taken in a room other than the courtroom and be televised by closed-circuit television in the courtroom if:

(I) The testimony is taken during the proceeding;

(II) The judge determines that testimony by the witness in the courtroom and in the presence of the defendant would result in the witness suffering serious emotional distress or trauma such that the witness would not be able to reasonably communicate; and

(III) Closed-circuit television equipment is available for such use.

(b) To obtain an order authorizing the use of closed-circuit television for testimony by a child or developmentally disabled witness, the party shall file a written motion with the court no less than fourteen days prior to the trial.

(c) Only the prosecuting attorney, the attorney for the defendant, the guardian ad litem, if any, and the judge may question the witness when he or she testifies by closed-circuit television.

(d) The operators of the closed-circuit television equipment shall make every effort to be unobtrusive while the witness is testifying.

(2) (a) Only the following persons may be in the room with the witness when the child or developmentally disabled person testifies by closed-circuit television:

(I) The prosecuting attorney;

(II) The attorney for the defendant;

(III) The guardian ad litem, if any;

(IV) The operators of the closed-circuit television equipment;

(V) A person whose presence, in the opinion of the court, contributes to the welfare and well-being of the witness, including a person who has dealt with the witness in a therapeutic setting; and

(VI) The jury.

(b) During the witness's testimony by closed-circuit television, the judge and the defendant, if present, shall remain in the courtroom.

(c) The judge and the defendant shall be allowed to communicate with the persons in the room where the witness is testifying by an appropriate electronic method.

(3) The provisions of this section shall not apply if the defendant is appearing pro se.

(4) This section shall not be interpreted to preclude, for purposes of identification of a defendant, the presence of both the witness and the defendant in the courtroom at the same time.

(5) Nothing in this section shall be interpreted to preclude the removal of the defendant, rather than the witness, from the courtroom upon the stipulation of both parties and the approval of the court.
C.R.S. § 16-12-201 — CO Code / Title 16 / Article 12 / Part 2 / Section 16-12-201
16-12-201. Legislative declaration
Status: in_force

16-12-201. Legislative declaration. (1) The general assembly hereby declares that the purpose of this part 2 is to establish an expedited system of unitary review of class 1 felony cases in which a death sentence is imposed.

(2) The general assembly finds that enactment of this part 2 will accomplish the following goals:

(a) Ensuring compliance with the requirements of the federal "Antiterrorism and Effective Death Penalty Act of 1996", 28 U.S.C. sec. 2261 et seq.;

(b) Improving the accuracy, completeness, and justice of review proceedings by requiring that postconviction review commence immediately after the imposition of a sentence of death;

(c) Allowing for the full and fair examination of all legally cognizable postconviction and appellate issues by the trial court and the Colorado supreme court; and

(d) Eliminating, to the fullest extent possible, unreasonable and unjust delays in the resolution of postconviction issues by combining and reducing the number of proceedings in class 1 felony cases.
C.R.S. § 16-23-101 — CO Code / Title 16 / Article 23 / Section 16-23-101
16-23-101. Short title
Status: in_force

16-23-101. Short title. This article shall be known and may be cited as "Katie's Law".
C.R.S. § 16-8.5-101 — CO Code / Title 16 / Article 8.5 / Section 16-8.5-101
16-8.5-101. Definitions
Status: in_force

16-8.5-101. Definitions. As used in this article 8.5, unless the context otherwise requires:

(1) "Collateral materials" means the relevant police incident reports and the charging documents, either the criminal information or indictment.

(2) "Competency evaluation" includes both court-ordered competency evaluations and second evaluations.

(3) "Competency evaluator" means a licensed physician who is a psychiatrist or a licensed psychologist, each of whom is trained in forensic competency assessments, or a psychiatrist who is in forensic training and practicing under the supervision of a psychiatrist with expertise in forensic psychiatry, or a psychologist who is in forensic training and is practicing under the supervision of a licensed psychologist with expertise in forensic psychology.

(4) "Competency hearing" means a hearing to determine whether a defendant is competent to proceed.

(5) "Competent to proceed" means that the defendant does not have a mental disability or developmental disability that prevents the defendant from having sufficient present ability to consult with the defendant's lawyer with a reasonable degree of rational understanding in order to assist in the defense or prevents the defendant from having a rational and factual understanding of the criminal proceedings.

(6) "Court-ordered competency evaluation" means a court-ordered examination of a defendant either before, during, or after trial, directed to developing information relevant to a determination of the defendant's competency to proceed at a particular stage of the criminal proceeding, that is performed by a competency evaluator and includes evaluations concerning restoration to competency.

(7) "Court-ordered report" means a report of an evaluation, conducted by or under the direction of the department, that is the statutory obligation of the department to prepare when requested to do so by the court.

(8) "Criminal proceedings" means trial, sentencing, satisfaction of the sentence, execution, and any pretrial matter that is not susceptible of fair determination without the personal participation of the defendant.

(9) "Department" means the department of human services.

(10) "Developmental disability" means a disability that has manifested before the person reaches twenty-two years of age, constitutes a substantial disability to the affected individual, and is attributable to an intellectual disability or other neurological conditions when such conditions result in impairment of general intellectual functioning or adaptive behavior similar to that of a person with an intellectual disability. Unless otherwise specifically stated, the federal definition of "developmental disability", 42 U.S.C. sec. 15002 (8), shall not apply.

(11) "Executive director" means the executive director of the department of human services.

(12) "Incompetent to proceed" means that, as a result of a mental disability or developmental disability, the defendant does not have sufficient present ability to consult with the defendant's lawyer with a reasonable degree of rational understanding in order to assist in the defense, or that, as a result of a mental disability or developmental disability, the defendant does not have a rational and factual understanding of the criminal proceedings.

(13) "In-custody" means in prison, in a jail, or in any other locked detention facility that does not meet the definition of inpatient.

(14) "Inpatient" means in the custody of the department, either in a hospital or in a full-time, jail-based restoration program developed by the department.

(15) "Mental disability" means a substantial disorder of thought, mood, perception, or cognitive ability that results in marked functional disability, significantly interfering with adaptive behavior. "Mental disability" does not include acute intoxication from alcohol or other substances, or any condition manifested only by antisocial behavior, or any substance abuse impairment resulting from recent use or withdrawal. However, substance abuse that results in a long-term, substantial disorder of thought, mood, or cognitive ability may constitute a mental disability.

(16) "Outpatient" means a location outside of the custody of the department. "Outpatient" does not include a jail, prison, or other detention facility where the defendant is in-custody.

(17) "Restoration hearing" means a hearing to determine whether a defendant who has previously been determined to be incompetent to proceed has become competent to proceed.

(18) "Second evaluation" means an evaluation requested by the court, the district attorney, or the defendant that is performed by a competency evaluator and that is not performed by or under the direction of, or paid for by, the department.

(19) "Tier 1" means a defendant:

(a) Who has been ordered to receive inpatient restorative treatment;

(b) For whom a competency evaluator has determined either that the defendant:

(I) Appears to have a mental health disorder and, as a result of the mental health disorder, appears to be a danger to others or to himself or herself or appears to be gravely disabled; or

(II) Has a mental health disorder; and

(c) For whom, as a result of the determination made pursuant to subsection (19)(b) of this section, delaying inpatient hospitalization beyond seven days would cause harm to the defendant or others.

(20) "Tier 2" means a defendant who has been ordered to receive inpatient restorative treatment and who does not meet the criteria to be a tier 1 defendant.
C.R.S. § 16-22-107 — CO Code / Title 16 / Article 22 / Section 16-22-107
16-22-107. Duties - department of corrections - department of human services - confirmation
Status: in_force

16-22-107. Duties - department of corrections - department of human services - confirmation of registration - notice - address verification. (1) (a) If a person who is required to register pursuant to section 16-22-103 is sentenced to the department of corrections, the department of corrections shall transmit to the CBI confirmation of the person's registration on a standardized form provided by the CBI, including the person's date of birth and the person's fingerprints. The department of corrections shall also transmit a photograph of the person if requested by the CBI.

(b) The provisions of this subsection (1) shall apply to persons sentenced on or after January 1, 2005.

(2) At least ten business days prior to the release or discharge of any person who has been sentenced to the department of corrections and is required to register pursuant to section 16-22-103, the department of corrections shall provide notice, as described in section 16-22-105, to the person of the duty to register in accordance with the provisions of this article with the local law enforcement agency of each jurisdiction in which the person resides, and the notice shall include the requirements for a person who registers as "lacks a fixed residence". The person shall be required to sign the notice as confirmation of receipt and to provide the person's date of birth and the address at which the person intends to reside upon release or discharge or a statement that the person lacks a fixed residence.

(3) Within five days, but not fewer than two days, prior to the release or discharge of any person who has been sentenced to the department of corrections and is required to register pursuant to section 16-22-103, the department shall notify the CBI and the local law enforcement agency of the jurisdiction in which the person intends to reside of the date of the person's release or discharge. Such notice shall include the address at which the person intends to reside upon release or discharge, provided by the person pursuant to subsection (2) of this section, and the person's date of birth and the person's current photograph if requested by the CBI. In addition, such notice may include additional information concerning the person, including but not limited to any information obtained in conducting the assessment to determine whether the person may be subject to community notification pursuant to section 16-13-903.

(4) (a) Prior to the release or discharge of any person who has been sentenced to the department of corrections and is required to register pursuant to section 16-22-103, department of corrections personnel, if the person is being released on parole, or the local law enforcement agency of the jurisdiction in which the person intends to reside, if the person is being discharged, shall verify that:

(I) The address provided by the person pursuant to subsection (2) of this section is a residence;

(II) The occupants or owners of the residence know of the person's history of unlawful sexual behavior;

(III) The occupants or owners of the residence have agreed to allow the person to reside at the address; and

(IV) If the person is being released on parole, the address complies with any conditions imposed by the parole board.

(b) If, in attempting to verify the address provided by the person, department of corrections personnel or local law enforcement officers determine that any of the information specified in paragraph (a) of this subsection (4) is not true, the person shall be deemed to have provided false information to department personnel concerning the address at which the person intends to reside upon release.

(4.5) With regard to a person who has been sentenced to the department of corrections, is released on parole, and is required to register pursuant to section 16-22-103, the department shall electronically notify the CBI of the date on which the person's parole is terminated, and the department shall notify the CBI if the person absconds or dies prior to the parole termination date. The CBI shall electronically notify the local law enforcement agency of each jurisdiction in which the person resides of the occurrence of any of the events specified in this subsection (4.5).

(5) In the case of a juvenile who is required to register pursuant to section 16-22-103 and is committed to the department of human services, said department shall have and carry out the duties specified in this section for the department of corrections with regard to said juvenile.
C.R.S. § 16-11-211 — CO Code / Title 16 / Article 11 / Part 2 / Section 16-11-211
16-11-211. Interdistrict probation department - personnel
Status: in_force

16-11-211. Interdistrict probation department - personnel. (1) Any two or more contiguous judicial districts may, by the election of the district judges or a majority of the judges of each district, combine in the formation of an interdistrict probation department; except that such formation shall be approved by the chief justice of the supreme court.

(2) This department, if created, shall have an administrative head who shall be appointed by the judges or the majority of the judges of the districts which comprise the interdistrict probation department, subject to section 13-3-105, C.R.S., and such administrative head shall be the chief probation officer of the department. The department shall consist of such other probation officers as may be appointed, together with such administrative and clerical employees as may be required, as provided pursuant to section 13-3-105, C.R.S.

(3) The chief probation officer shall be charged with the duty of administering the affairs of the department and supervising the probation officers and personnel of the department and conducting the department in accordance with the laws pertaining to probation and the rules of the district courts of the said districts.

(4) Any district which participates in an interdistrict probation department may withdraw from such department by the election of the judges or a majority of the judges of the district and the approval of the chief justice of the supreme court, by giving written notice to the presiding judges of all other judicial districts affected. However, the withdrawal shall not be effective until January 1 of the year following the written notification.
C.R.S. § 16-3-101 — CO Code / Title 16 / Article 3 / Part 1 / Section 16-3-101
16-3-101. Arrest - when and how made
Status: in_force

16-3-101. Arrest - when and how made. (1) An arrest may be made on any day and at any time of the day or night.

(2) All necessary and reasonable force may be used in making an arrest.

(3) All necessary and reasonable force may be used to effect an entry upon any building or property or part thereof to make an authorized arrest.
C.R.S. § 16-13-209 — CO Code / Title 16 / Article 13 / Part 2 / Section 16-13-209
16-13-209. Termination of proceedings
Status: repealed

16-13-209. Termination of proceedings. (Repealed)
C.R.S. § 16-3-404 — CO Code / Title 16 / Article 3 / Part 4 / Section 16-3-404
16-3-404. Duty of officers to admit attorney
Status: in_force

16-3-404. Duty of officers to admit attorney. (1) All peace officers or persons having in custody any person committed, imprisoned, or arrested for any alleged cause shall forthwith admit any attorney-at-law in this state, upon the demand of the prisoner or of a friend, relative, spouse, or attorney of the prisoner, to see and consult the person so imprisoned, alone and in private, at the jail or other place of custody, if such person so imprisoned expressly consents to see or to consult with the attorney.

(2) Any peace officer or person violating the duty imposed by this section or section 16-3-403 shall forfeit and pay not less than one hundred dollars nor more than one thousand dollars to the person imprisoned or to his attorney for the benefit of the person imprisoned, to be recovered in any court of competent jurisdiction.
C.R.S. § 16-4-117 — CO Code / Title 16 / Article 4 / Part 1 / Section 16-4-117
16-4-117. District attorney assistance for bond hearings grant program - created - rules
Status: repealed

16-4-117. District attorney assistance for bond hearings grant program - created - rules. (1) All costs and expenses related to a district attorneys' office's ability to comply with the bond hearing requirements of section 16-4-102 (2)(a) are reasonable and necessary expenses required to fully discharge the official duties of the office.

(2) There is hereby created in the Colorado district attorneys' council the district attorney assistance for bond hearings grant program to provide grants to assist district attorneys in complying with section 16-4-102 (2)(a).

(3) Grant recipients shall use the money to pay for any reasonable cost or expense directly related to compliance with section 16-4-102 (2)(a), including but not limited to personnel, equipment, and travel.

(4) The Colorado district attorneys' council shall administer the grant program and shall award grants, subject to available appropriations.

(5) The Colorado district attorneys' council shall promulgate such rules as may be necessary to implement the grant program. At a minimum, the rules must specify the time frames for applying for grants, the form of the grant program application, and the time frames for distributing grant money.

(6) To receive a grant, a district attorney must submit an application to the Colorado district attorneys' council in accordance with rules promulgated by the Colorado district attorneys' council.

(7) The Colorado district attorneys' council executive committee shall review all applications received pursuant to this section and shall prioritize awarding at least seventy-five percent of all available grant money to district attorneys' offices located in a judicial district with a population base of two hundred thousand people or fewer to comply with section 16-4-102 (2)(a).

(8) Subject to available appropriations, on or before April 1 each year of the grant program, the Colorado district attorneys' council shall award grants.

(9) Repealed.
C.R.S. § 16-13-507 — CO Code / Title 16 / Article 13 / Part 5 / Section 16-13-507
16-13-507. Disposition of contraband article or property
Status: in_force

16-13-507. Disposition of contraband article or property. Any property seized pursuant to section 16-13-504 which is required by law to be destroyed, or the possession of which is illegal, or which in the opinion of the court is not properly the subject of a sale may be destroyed pursuant to a warrant for the destruction of personal property issued by the court and directed to the sheriff of the proper county or any peace officer and returned by the sheriff or peace officer after execution thereof. The court shall stay the execution of any such warrant during the period in which the property is used as evidence in any pending criminal or civil proceeding.
C.R.S. § 16-18-102 — CO Code / Title 16 / Article 18 / Section 16-18-102
16-18-102. Costs taxed against complainant
Status: in_force

16-18-102. Costs taxed against complainant. If any informer or complainant under a penal statute of this state, to whom the penalty or any part thereof, if recovered, is given, dismisses his suit or prosecution, or fails in the same, or willfully absents himself from trial or examination, he shall be adjudged to pay all costs accruing on such suit or prosecution, unless he is an officer whose duty it is to make and file the information or complaint; but in all cases of examination into any criminal charge before a county judge, where the party accused is discharged, and it appears to the judge before whom such examination was made that there was no reasonable ground for the complaint, or that it was maliciously entered, and in all cases where the complaining witness willfully absents himself from or fails to appear at such examination or trial, the county judge shall give judgment against the complainant for all costs of the examination or trial and shall issue execution thereon. Appeal may be had in all such cases, as provided by law for the taking of appeals from judgments rendered in county courts.
C.R.S. § 16-10-107 — CO Code / Title 16 / Article 10 / Part 1 / Section 16-10-107
16-10-107. Challenge to entire jury panel
Status: in_force

16-10-107. Challenge to entire jury panel. A challenge to the panel is an objection to the entire panel of prospective trial jurors made by the defendant or by the prosecuting attorney. No challenge to the panel shall be made, except as provided by section 13-71-139, C.R.S.
C.R.S. § 16-18.5-112 — CO Code / Title 16 / Article 18.5 / Section 16-18.5-112
16-18.5-112. Effect of expungement
Status: in_force

16-18.5-112. Effect of expungement. Notwithstanding the entry of an order of expungement pursuant to section 19-1-306, the provisions of this article 18.5 apply.
C.R.S. § 16-19-128 — CO Code / Title 16 / Article 19 / Section 16-19-128
16-19-128. Prosecution of other charges
Status: in_force

16-19-128. Prosecution of other charges. After a person has been brought back to this state by, or after waiver of, extradition proceedings, he may be tried in this state for other crimes which he may be charged with committing here as well as that specified in the requisition for his extradition.
C.R.S. § 16-17-101 — CO Code / Title 16 / Article 17 / Section 16-17-101
16-17-101. Governor may commute sentence
Status: in_force

16-17-101. Governor may commute sentence. The governor is hereby fully authorized, when he deems it proper and advisable and consistent with the public interests and the rights and interests of the condemned, to commute the sentence in any case by reducing the penalty in a capital case to imprisonment for life or for a term of not less than twenty years at hard labor.
C.R.S. § 16-11.5-101 — CO Code / Title 16 / Article 11.5 / Section 16-11.5-101
16-11.5-101. Legislative declaration
Status: in_force

16-11.5-101. Legislative declaration. The general assembly declares that substance abuse, specifically the abuse of alcohol and controlled substances, is a major problem in the criminal justice system of the state of Colorado and in the entire nation. Substance abuse is a significant factor in the commission of crimes, and it is a significant factor in impeding the rehabilitation of persons convicted of crimes, which results in an increased rate of recidivism. Therefore, the general assembly resolves to curtail the disastrous effects of substance abuse in the criminal justice system by providing for consistency in the response to substance abuse throughout the criminal justice system and to improve and standardize substance abuse treatment for people at each stage of the criminal justice system and to provide a range of individualized behavioral responses for people who do not respond successfully to substance abuse treatment while the people are involved with the criminal justice system.
C.R.S. § 16-19-126 — CO Code / Title 16 / Article 19 / Section 16-19-126
16-19-126. Written waiver of extradition
Status: in_force

16-19-126. Written waiver of extradition. (1) Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement or broken the terms of his or her bail, probation, or parole may waive the issuance and service of the warrant provided for in sections 16-19-108 and 16-19-109 and all other procedure incidental to extradition proceedings by executing or subscribing in the presence of a judge of any court of record within this state a writing which states that he or she consents to return to the demanding state and acknowledging that he or she shall not be admitted to bail; but, before the waiver is executed or subscribed by such person, it is the duty of the judge to inform such person of his or her rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in section 16-19-111.

(2) If and when a consent has been duly executed, it shall forthwith be forwarded to the office of the governor of this state and filed therein. The judge shall direct the officer having the person in custody to deliver such person forthwith to the duly accredited agent or agents of the demanding state and shall deliver or cause to be delivered to that agent or those agents a copy of the consent. Nothing in this section shall be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be deemed to be an exclusive procedure or to limit the powers, rights, or duties of the officers of the demanding state or of this state.

(3) A fugitive shall not be permitted to withdraw a waiver of extradition unless the fugitive makes a showing of good cause for the withdrawal of the waiver of extradition. The fugitive shall provide the court, governor, and district attorney with the request to withdraw the waiver of extradition stating the reasons for withdrawing the waiver. If the court grants the withdrawal, it shall provide the governor with an order permitting the withdrawal of the waiver of extradition. A judge shall commit a fugitive who is permitted to withdraw his or her waiver of extradition to the county jail without bond for a specified period of time, of not less than thirty days and not more than ninety days, as will enable the arrest of the accused to be made under warrant of the governor or on a requisition of the executive authority of the state having jurisdiction of the offense.
C.R.S. § 16-11-103 — CO Code / Title 16 / Article 11 / Part 1 / Section 16-11-103
16-11-103. Imposition of sentence in class 1 felonies - appellate review
Status: repealed

16-11-103. Imposition of sentence in class 1 felonies - appellate review. (Repealed)
C.R.S. § 16-2.5-132 — CO Code / Title 16 / Article 2.5 / Part 1 / Section 16-2.5-132
16-2.5-132. District attorney - assistant district attorney - chief deputy district attorney
Status: in_force

16-2.5-132. District attorney - assistant district attorney - chief deputy district attorney - deputy district attorney - special deputy district attorney - special prosecutor. A district attorney, an assistant district attorney, a chief deputy district attorney, a deputy district attorney, a special deputy district attorney, and a special prosecutor are peace officers whose authority shall include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.
C.R.S. § 16-7-403.5 — CO Code / Title 16 / Article 7 / Part 4 / Section 16-7-403.5
16-7-403.5. Deferred sentencing - mentally ill defendants charged with certain misdemeanors
Status: repealed

16-7-403.5. Deferred sentencing - mentally ill defendants charged with certain misdemeanors - demonstration program - repeal. (Repealed)
C.R.S. § 16-2-106 — CO Code / Title 16 / Article 2 / Part 1 / Section 16-2-106
16-2-106. Content of summons and complaint
Status: in_force

16-2-106. Content of summons and complaint. A summons and complaint issued by a peace officer shall contain the name of the defendant, shall identify the offense charged, including a citation of the statute alleged to have been violated, shall contain a brief statement or description of the offense charged, including the date and approximate location thereof, and shall direct the defendant to appear before a specified county court at a stated date, time, and place.
C.R.S. § 16-17-103 — CO Code / Title 16 / Article 17 / Section 16-17-103
16-17-103. Effect of pardon and commutation of sentence - definitions
Status: in_force

16-17-103. Effect of pardon and commutation of sentence - definitions. (1) A pardon issued by the governor shall waive all collateral consequences associated with each conviction for which the person received a pardon unless the pardon limits the scope of the pardon regarding collateral consequences.

(2) If the governor grants a pardon or a request for commutation of sentence, the governor shall provide a copy of the pardon or commutation of sentence to the Colorado bureau of investigation, and the Colorado bureau of investigation shall note in the individual's record in the Colorado crime information center that a pardon was issued or commutation of sentence was granted.

(3) For purposes of this section, "collateral consequences" means a penalty, prohibition, bar, disadvantage, or disqualification, however denominated, imposed on an individual as a result of the individual's conviction of an offense, which penalty, prohibition, bar, or disadvantage applies by operation of law regardless of whether the penalty, prohibition, bar, or disadvantage is included in the judgment or sentence. "Collateral consequences" does not include imprisonment, probation, parole, supervised release, forfeiture, restitution, fine, assessment, or costs of prosecution.
C.R.S. § 16-2.5-112 — CO Code / Title 16 / Article 2.5 / Part 1 / Section 16-2.5-112
16-2.5-112. Director of the division of homeland security and emergency management
Status: in_force

16-2.5-112. Director of the division of homeland security and emergency management. The director of the division of homeland security and emergency management in the department of public safety is a peace officer whose authority includes the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.
C.R.S. § 16-18.5-109 — CO Code / Title 16 / Article 18.5 / Section 16-18.5-109
16-18.5-109. Declined or unclaimed restitution
Status: in_force

16-18.5-109. Declined or unclaimed restitution. (1) If at the time that an order for restitution is entered no victim can be reasonably located or the victim declines to accept restitution, the defendant shall still pay restitution but such restitution shall be made to the state and distributed as provided for in subsection (3) of this section.

(2) Notwithstanding the provisions of sections 13-32-108 and 13-32-112, C.R.S., all restitution paid to the clerk of any court or into the registry of any court that has been unclaimed for a period of two years or more after the final determination of any case in which said restitution was collected or money deposited shall be distributed as provided for in subsection (3) of this section.

(3) The amounts of restitution remaining undistributed pursuant to subsections (1) and (2) of this section shall be paid to the victims and witnesses assistance and law enforcement fund created pursuant to section 24-4.2-103, C.R.S., and to the crime victim compensation fund created pursuant to section 24-4.1-117, C.R.S., in the judicial district in which the crime occurred. The chair of the victims and witnesses assistance and law enforcement board, in consultation with the board, and the chair of the crime victim compensation board, in consultation with the board, in each judicial district shall designate on or before each December 1, starting December 1, 2000, how moneys received pursuant to this section shall be divided between the two funds during the next calendar year for that judicial district. If the chairs are unable to agree on a distribution, the crime victim services advisory board created in section 24-4.1-117.3 (1), C.R.S., shall designate how the moneys shall be divided between the funds for that judicial district. If no designation is made, the payments shall be made to the victims and witnesses assistance and law enforcement fund.
C.R.S. § 16-5-205 — CO Code / Title 16 / Article 5 / Part 2 / Section 16-5-205
16-5-205. Informations - authority to file - indictments - warrants and summons
Status: repealed

16-5-205. Informations - authority to file - indictments - warrants and summons. (1) The prosecuting attorney may file an information in the court having jurisdiction over the offense charged, alleging that a person committed the criminal offense described therein. The court shall enter an order fixing the amount of bail, if the offense is bailable, and the amount of bail shall be endorsed upon any warrant issued for the arrest of the alleged offender. When a summons is issued instead of a warrant, no bail shall be fixed; except that, when a person is charged with an offense pursuant to section 42-2-138 (1)(d) or 42-4-1301 (1) or (2)(a), C.R.S., the court may enter an order fixing the amount of bail even if a summons is issued.

(2) Upon the return of an indictment by a grand jury, or the filing of an information, or the filing of a felony complaint in the county court, the prosecuting attorney shall request the court to order that a warrant shall issue for the arrest of the defendant, or that a summons shall issue and be served upon the defendant. If a warrant is requested upon an information or a felony complaint, the information or felony complaint must contain, or be accompanied by, a sworn written statement of facts establishing probable cause to believe that the criminal offense was committed as alleged by the person for whom the warrant is sought. In lieu of such sworn statement, the information or felony complaint may be supplemented by sworn testimony of such facts. Such testimony must be transcribed and then signed under oath by the witness giving the testimony.

(3) Except as otherwise provided in this article, any information, indictment, felony complaint, warrant, or summons shall comply with the requirements of applicable rules of criminal procedure adopted by the supreme court of Colorado. Any procedures connected with service of summons, the arrest and detention of an alleged offender upon a warrant, and the duties of the arresting officer relating to the summons or arrest, not specifically set forth in this code, shall be as provided by the applicable rules of criminal procedure adopted by the supreme court of Colorado.

(4) Repealed.
C.R.S. § 16-8-105.5 — CO Code / Title 16 / Article 8 / Part 1 / Section 16-8-105.5
16-8-105.5. Procedure after plea for offenses committed on or after July 1, 1995
Status: in_force

16-8-105.5. Procedure after plea for offenses committed on or after July 1, 1995. (1) When a plea of not guilty by reason of insanity is accepted, the court shall forthwith commit the defendant for a sanity examination, specifying the place and period of commitment.

(2) Upon receiving the report of the sanity examination, the court shall immediately set the case for trial. Every person is presumed to be sane; but, once any evidence of insanity is introduced, the people have the burden of proving sanity beyond a reasonable doubt.

(3) When the affirmative defense of not guilty by reason of insanity has been raised, the jury shall be given special verdict forms containing interrogatories. The trier of fact shall decide first the question of guilt as to felony charges that 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 not guilty by reason of insanity. When the court sits as the trier of fact, it shall enter appropriate specific findings with respect to the affirmative defense of not guilty by reason of insanity.

(4) (a) (I) If the trier of fact finds the defendant not guilty by reason of insanity, at the request of the defendant, the court may continue the bond pursuant to section 16-4-108 to allow the defendant to remain at liberty or set a hearing to modify the bond pursuant to section 16-4-109 and delay final disposition, delay formal entry of the finding of not guilty by reason of insanity, and stay the commitment of the defendant to the custody of the department of human services pursuant to subsection (4)(b) of this section until the conclusion of the initial release hearing required pursuant to section 16-8-115 (1)(a). If the defendant is on bond, the court shall order the department of human services to conduct a release examination on an outpatient basis, as well as any other appropriate conditions of release, including participation in outpatient treatment.

(II) In determining whether to continue or modify the bond, the court shall consider the criteria described in section 16-4-103, as well as that the defendant was found not guilty by reason of insanity rather than convicted, the defendant's treatment needs, the availability of treatment in the community, the ability of the department of human services to conduct a release evaluation in the community, whether the department of human services can timely admit the defendant, and the usefulness of an observation period as part of the release evaluation.

(III) (A) The court shall not delay the final disposition and entry of finding of not guilty by reason of insanity unless the defendant is at liberty and requests a delay, in which case the court may delay the final disposition to allow the defendant to post bond for an outpatient release examination.

(B) If the defendant is on bond, the district attorney or a bonding commissioner may file with the court a verified motion to revoke the defendant's bond pursuant to section 16-4-109; except that, if the court finds the defendant violated a bond condition, the court may revoke the bond and enter the final disposition of not guilty by reason of insanity and order the defendant committed to the department of human services.

(IV) This subsection (4)(a) does not apply if the court finds that the crime for which the defendant is found not guilty by reason of insanity:

(A) Is a class 1 or class 2 felony;

(B) Resulted in another person suffering serious bodily injury or death;

(C) Involved the defendant using a deadly weapon; or

(D) Involved felony unlawful sexual behavior pursuant to section 16-22-102 (9).

(b) If the trier of fact finds the defendant not guilty by reason of insanity, unless delayed pursuant to subsection (4)(a) of this section, the court shall commit the defendant to the custody of the department of human services until such time as the defendant is found eligible for release. The executive director of the department of human services shall designate the state facility at which the defendant is held for care and psychiatric treatment and may transfer the defendant from one facility to another if in the opinion of the director it is desirable to do so in the interest of the proper care, custody, and treatment of the defendant or the protection of the public or the personnel of the facilities in question.

(5) This section applies to offenses committed on or after July 1, 1995; except that subsection (4)(a) of this section applies to individuals found not guilty by reason of insanity on or after September 1, 2022.
C.R.S. § 16-11.5-105 — CO Code / Title 16 / Article 11.5 / Section 16-11.5-105
16-11.5-105. Departments shall develop testing programs and behavioral response systems
Status: in_force

16-11.5-105. Departments shall develop testing programs and behavioral response systems. (1) The judicial department, the department of public health and environment, the department of corrections, the state board of parole, and the division of criminal justice of the department of public safety shall cooperate to develop programs for the periodic testing of offenders under the jurisdiction of each agency and programs for the periodic reassessment of appropriate offenders under the jurisdiction of each agency. Any such periodic testing or treatment of an offender shall be based upon recommendations of appropriate treatment and testing made in the initial substance abuse assessment required by section 18-1.3-209, C.R.S., or any subsequent reassessment.

(2) Any offender who tests positive for the use of alcohol or controlled substances subsequent to the initial test required by section 18-1.3-209 shall be subjected to a system of structured and individualized behavioral responses. The judicial department, the department of corrections, the state board of parole, and the division of criminal justice of the department of public safety shall cooperate to develop and make public a range of structured and individualized behavioral responses for those people under the jurisdiction of each agency that are appropriate to the people supervised by each particular agency. A system of structured and individualized behavioral responses must include an accountability-based series of behavioral responses, sanctions, incentives, and services designed to respond to an offender's violation behavior quickly, fairly, consistently, and proportionally. The system must also be designed to motivate positive behavior change, successful completion of supervision, and an offender's individualized treatment or behavior change goals using research-informed strategies designed to reduce the likelihood of continued involvement with the criminal justice system. It is the intent of the general assembly that any offender's test that is positive for the use of controlled substances or alcohol is addressed with a range of behavioral responses prior to consideration for revocation or resentencing by the court or prior to consideration of revocation by the state board of parole.

(3) The judicial department, the department of corrections, the state board of parole, and the division of criminal justice of the department of public safety shall cooperate to develop and implement a range of incentives for offenders under the jurisdiction of each particular agency to motivate recovery from a substance use disorder and abstinence from harmful use of alcohol or controlled substances.

(4) On or before July 1, 1992, the state board of parole shall develop and make public guidelines for the revocation of parole due to the abuse of alcohol or controlled substances in violation of this article.
C.R.S. § 16-8.6-101 — CO Code / Title 16 / Article 8.6 / Section 16-8.6-101
16-8.6-101. Legislative declaration
Status: in_force

16-8.6-101. Legislative declaration. (1) The general assembly finds and declares that:

(a) For more than a decade, Colorado has experienced a crisis in responding to individuals in the criminal justice system who are suffering from a mental illness or mental disability and who are determined by a mental health professional to be incompetent to be prosecuted;

(b) Individuals found incompetent to proceed by the court are ordered to be restored to competency through services designed to achieve restoration, which services are provided in an inpatient hospital setting or other community-based setting;

(c) The number of individuals ordered to receive inpatient restoration services has substantially increased over the years. Additionally, the number of beds available for inpatient restoration has been unstable and the lack of adequate staffing has caused many inpatient units to close. This combination has resulted in a long wait list and significantly longer waiting periods in county jails.

(d) Colorado has an obligation to ensure that individuals who are found incompetent to proceed do not languish in jail on a wait list for competency services and to honor the individuals' constitutional right to timely access to restoration services;

(e) Despite the protracted litigation and legislative efforts, Colorado has been unable to eliminate the multitude of problems in the adult competency system, including the wait list, which has increased over one hundred percent in recent years; and

(f) Colorado cannot eliminate the wait list by only increasing the number of inpatient beds; instead, Colorado must seek to reduce the number of individuals placed on the wait list for competency services through:

(I) Community support;

(II) Connecting individuals to a range of community services that provide social stability for individuals who cycle in and out of the competency system; and

(III) Eliminating competency services and prosecution of very low-level offenses, which will reduce the use of expensive inpatient beds.

(2) The general assembly further finds and declares that:

(a) Rather than focusing on competency services to allow for prosecution, Colorado should focus on an individual's mental wellness and social stability, which will enhance public safety, system fairness, and produce better outcomes, along with reducing the inpatient competency restoration wait list; and

(b) Significant research and national best practices support the concept of eliminating restoration services for very low-level offenses and diverting individuals from the criminal justice system who are charged with very low-level offenses and who do not present a public safety risk. The research and national best practices demonstrate that well-designed community programs that focus on mental wellness and social stability can reduce recidivism and move individuals suffering from mental illness or other mental disabilities into a more stable and productive lifestyle.

(3) Therefore, the general assembly declares that it is critical for the state, in conjunction with bridges of Colorado, to require each judicial district to develop a process to identify and refer individuals to a wraparound care program as a community-based alternative to competency proceedings in order to limit the number of individuals on the competency wait list and to improve outcomes and community safety through clinical care and social stability services.
C.R.S. § 16-2.7-104 — CO Code / Title 16 / Article 2.7 / Section 16-2.7-104
16-2.7-104. Unidentified human remains - reporting - DNA samples
Status: in_force

16-2.7-104. Unidentified human remains - reporting - DNA samples. (1) Except as provided in section 24-80-1303, C.R.S., with regard to anthropological investigations, a person who has custody of unidentified human remains shall immediately notify the coroner or medical examiner of the county in which the remains are located and the sheriff, police chief, or land managing agency official in accordance with section 24-80-1302 (1), C.R.S.

(2) If a coroner or medical examiner takes legal custody of unidentified human remains pursuant to section 24-80-1302 (2), C.R.S., or section 30-10-606 (1.2), C.R.S., the coroner or medical examiner shall make reasonable attempts to identify the human remains. These attempts may include, but need not be limited to, obtaining:

(a) Photographs of the human remains prior to an autopsy;

(b) Dental or skeletal X rays of the human remains;

(c) Photographs of items found with the human remains;

(d) Fingerprints from the human remains;

(e) Samples of tissue suitable for DNA typing from the human remains;

(f) Samples of whole bone or hair from the human remains suitable for DNA typing.

(3) If a coroner or medical examiner takes legal custody of unidentified human remains pursuant to section 24-80-1302 (2), C.R.S., or section 30-10-606 (1.2), C.R.S., the coroner or medical examiner shall:

(a) Enter information concerning the physical appearance and structure of the unidentified human remains, including DNA typing information, into the national crime information center database; or

(b) Work with law enforcement officials to ensure that information concerning the physical appearance and structure of the unidentified human remains, including DNA typing information, is entered into the national crime information center database.

(4) A coroner or medical examiner shall neither dispose of nor engage in actions that will materially affect unidentified human remains before the coroner or medical examiner:

(a) Obtains from the unidentified human remains samples suitable for DNA identification and archiving, if possible;

(b) Obtains photographs of the unidentified human remains; and

(c) Exhausts all other appropriate steps for identification of the human remains.

(5) Until all available information concerning the physical appearance and structure of unidentified human remains is entered into the national crime information center database, cremation or natural reduction of unidentified human remains is prohibited.
C.R.S. § 16-23-103 — CO Code / Title 16 / Article 23 / Section 16-23-103
16-23-103. Collection of biological samples from persons arrested for or charged with felon
Status: in_force

16-23-103. Collection of biological samples from persons arrested for or charged with felonies. (1) The following persons shall submit to collection of a biological substance sample for testing to determine the genetic markers thereof, unless the person has previously provided a biological substance sample for such testing pursuant to a statute of this state and the Colorado bureau of investigation has that sample:

(a) Every adult arrested on or after September 30, 2010, for a felony offense or for the investigation of a felony offense. The arresting law enforcement agency shall collect the biological substance sample from the arrested person as part of the booking process.

(b) (I) Every adult who is charged with a felony by an indictment, information, or felony complaint filed on or after September 30, 2010, and who is not arrested in connection with the felony charge on or after September 30, 2010, whether because the person's arrest occurred before that date, because the person's appearance is procured by summons rather than arrest, or for other reasons.

(II) In cases where a booking process occurs on or after September 30, 2010, the law enforcement agency conducting the booking process shall collect the biological substance sample from the charged adult as part of the booking process.

(III) In all other cases, upon the adult's first appearance in court following the filing of charges, the court shall require the adult to submit to collection of a biological substance sample by the investigating agency responsible for fingerprinting pursuant to section 16-21-104, and that agency shall collect the sample.

(2) (a) At the person's first appearance in court following the filing of charges, the court shall advise the person that the biological substance sample collected pursuant to this section shall be destroyed and the results of the testing of the sample shall be expunged from the federal combined DNA index system and any state index system pursuant to the circumstances described in section 16-23-105.

(b) When an action occurs that qualifies an adult for expungement pursuant to section 16-23-105 (1), the court or district attorney shall advise the adult that the adult may make a request to the Colorado bureau of investigation to have the biological substance sample collected pursuant to this section destroyed and results of the testing of the sample expunged from the federal combined DNA index system and any state index system pursuant to the process described in section 16-23-105.

(3) If collection of a biological substance sample is impractical at the time specified in subsection (1) of this section, an appropriate agency may collect a sample at any other time during the adult's detention or during the pendency of charges.

(4) An agency collecting a biological substance sample pursuant to this section shall make reasonable efforts to determine if the Colorado bureau of investigation already holds a biological substance sample from the adult. If, but only if, the agency determines that the Colorado bureau of investigation already holds a sample from the adult, then the agency need not collect a sample.

(5) A law enforcement agency may use reasonable force to collect biological substance samples in accordance with this article using medically recognized procedures.

(6) Each law enforcement agency that collects a biological substance sample shall submit the sample to the Colorado bureau of investigation for testing.
C.R.S. § 16-9-201 — CO Code / Title 16 / Article 9 / Part 2 / Section 16-9-201
16-9-201. Definitions
Status: in_force

16-9-201. Definitions. As used in this part 2, unless the context otherwise requires:

(1) "State" includes any territory of the United States and the District of Columbia.

(2) "Summons" includes a subpoena, order, or other notice requiring the appearance of a witness.

(3) "Witness" includes a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding.
C.R.S. § 16-3-203 — CO Code / Title 16 / Article 3 / Part 2 / Section 16-3-203
16-3-203. Preventing a crime - reimbursement
Status: in_force

16-3-203. Preventing a crime - reimbursement. Any person who is not a peace officer as defined in section 24-31-301 (5), C.R.S., who is made the defendant in any civil action as a result of having sought to prevent a crime being committed against any other person, and who has judgment entered in his favor shall be entitled to all his court costs and to reasonable attorney fees incurred in such action.
C.R.S. § 16-13-211 — CO Code / Title 16 / Article 13 / Part 2 / Section 16-13-211
16-13-211. Findings of fact and conclusions of law
Status: repealed

16-13-211. Findings of fact and conclusions of law. (Repealed)
C.R.S. § 16-19-102 — CO Code / Title 16 / Article 19 / Section 16-19-102
16-19-102. Definitions
Status: in_force

16-19-102. Definitions. As used in this article, unless the context otherwise requires:

(1) "Executive authority" includes the governor and any person performing the function of governor in a state other than this state.

(2) "Governor" includes any person performing the functions of governor by authority of the law of this state.

(3) "State", referring to a state other than this state, includes any other state or territory, organized or unorganized, of the United States.
C.R.S. § 16-12-103 — CO Code / Title 16 / Article 12 / Part 1 / Section 16-12-103
16-12-103. Stays of execution
Status: in_force

16-12-103. Stays of execution. When a person has been convicted of an offense and a notice of appeal is filed, he shall be entitled to a stay of execution by compliance with the provisions and requirements of the applicable rules of the supreme court of Colorado.
C.R.S. § 16-2.5-148 — CO Code / Title 16 / Article 2.5 / Part 1 / Section 16-2.5-148
16-2.5-148. Colorado state higher education police officer
Status: in_force

16-2.5-148. Colorado state higher education police officer. A Colorado state higher education police officer employed by a state institution of higher education pursuant to article 7.5 of title 24, C.R.S., is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado and who shall be certified by the P.O.S.T. board.
C.R.S. § 16-13-504.5 — CO Code / Title 16 / Article 13 / Part 5 / Section 16-13-504.5
16-13-504.5. Limitations on receipt of forfeiture payments from federal agencies
Status: in_force

16-13-504.5. Limitations on receipt of forfeiture payments from federal agencies. (1) A seizing agency or participant in any joint task force or other multijurisdictional collaboration shall accept payment or distribution from a federal agency of all or a portion of any forfeiture proceeds resulting from adoption or a joint task force or other multijurisdictional collaboration only if the aggregate net equity value of the property and currency seized in a case is in excess of fifty thousand dollars and a forfeiture proceeding is commenced by the federal government and relates to a filed criminal case.

(2) Subsection (1) of this section shall not be construed to restrict seizing agencies from collaborating with a federal agency to seize property that the seizing agency has probable cause to believe is the proceeds or instruments of a crime through an intergovernmental joint task force.
C.R.S. § 16-8.5-106 — CO Code / Title 16 / Article 8.5 / Section 16-8.5-106
16-8.5-106. Evaluation at request of defendant
Status: in_force

16-8.5-106. Evaluation at request of defendant. (1) If a defendant wishes to be examined by a competency evaluator of his or her own choice in connection with any proceeding under this article, the court, upon timely motion, shall order that the competency evaluator chosen by the defendant be given reasonable opportunity to conduct the second evaluation, in accordance with sections 16-8.5-103 and 16-8.5-111.

(2) A copy of the second evaluation shall be furnished to the prosecution in a reasonable amount of time in advance of the competency or restoration hearing.
C.R.S. § 16-11-209 — CO Code / Title 16 / Article 11 / Part 2 / Section 16-11-209
16-11-209. Duties of probation officers
Status: repealed

16-11-209. Duties of probation officers. (1) It is the duty of a probation officer to investigate and report upon any case referred to him or her by the court for investigation. The probation officer shall furnish to each person released on probation under his or her supervision a written statement of the conditions of probation and shall instruct the person regarding the same. The officer shall keep informed concerning the conduct and condition of each person on probation under his or her supervision and shall report thereon to the court at such times as it directs. Such officers shall use all suitable methods, not inconsistent with the conditions imposed by the court, to aid persons on probation and to bring about improvement in their conduct and condition. Each officer shall keep records of his or her work; shall make such reports to the court as are required; and shall perform such other duties as the court may direct.

(1.3) Unless inconsistent with other conditions imposed by the court, in directing that a person on probation meet with a probation officer, the probation officer shall:

(a) Schedule, in good faith, meetings with the person on probation at mutually agreeable times that do not conflict with the person's essential obligations, including work, education, job training, dependent care, medical appointments, and other probation requirements; and

(b) Allow a person on probation to meet with the probation officer through a telephone call or audio-visual communication technology.

(2) to (3.1) Repealed.

(4) (a) Prior to an offender being released from probation, the probation officer releasing the individual shall provide the notice described in paragraph (b) of this subsection (4) at the last meeting the officer has with the person.

(b) The notice shall contain the following information:

(I) That a person convicted of certain crimes has the right to seek to have his or her criminal record sealed;

(II) That there are collateral consequences associated with a criminal conviction that a sealing order can alleviate;

(III) The list of crimes that are eligible for sealing and the associated time period that a person must wait prior to seeking sealing;

(IV) That the state public defender has compiled a list of laws that impose collateral consequences related to a criminal conviction and that the list is available on the state public defender's website; and

(V) That the person should seek legal counsel if he or she has any questions regarding record sealing.

(5) A probation officer assigned to an individual on probation shall provide information to that individual regarding:

(a) The individual's voting rights;

(b) How the individual may register to vote or update or confirm his or her voter registration record;

(c) How to obtain and cast a ballot; and

(d) How to obtain voter information materials.
C.R.S. § 16-19-118 — CO Code / Title 16 / Article 19 / Section 16-19-118
16-19-118. Extension of time
Status: in_force

16-19-118. Extension of time. If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant or bond, a judge of a district court shall either recommit him or her for a further period not to exceed sixty days or again take bail for his or her appearance and surrender, as provided in section 16-19-117, but within a period not to exceed sixty days after the date of the new bond.
C.R.S. § 16-11-306 — CO Code / Title 16 / Article 11 / Part 3 / Section 16-11-306
16-11-306. Credit for presentence confinement
Status: repealed

16-11-306. Credit for presentence confinement. (Repealed)
C.R.S. § 16-2.5-142 — CO Code / Title 16 / Article 2.5 / Part 1 / Section 16-2.5-142
16-2.5-142. Railroad peace officer
Status: in_force

16-2.5-142. Railroad peace officer. A railroad peace officer is a peace officer while engaged in the performance of his or her duties whose authority shall be limited pursuant to section 40-32-104.5, C.R.S., and who may be certified by the P.O.S.T. board.
C.R.S. § 16-3-402 — CO Code / Title 16 / Article 3 / Part 4 / Section 16-3-402
16-3-402. Right to communicate with attorney and family
Status: in_force

16-3-402. Right to communicate with attorney and family. (1) Persons who are arrested shall have the right to communicate with an attorney of their choice and a member of their family by making a reasonable number of telephone calls or by communicating in any other reasonable manner. Such communication shall be permitted at the earliest possible time after arrival at the police station, sheriff's office, jail, or other like confinement facility to which such person is first taken after arrest.

(2) If the accused is transferred to a new place of custody, his right to communicate with an attorney and a member of his family is renewed.

(2.5) If the victim is able to demonstrate through the use of caller identification or other credible evidence that the incarcerated defendant has called the victim from the jail or correctional facility in violation of the protection order issued pursuant to section 18-1-1001, C.R.S., or in violation of any other valid protection order or emergency protection order in effect, the defendant shall not be entitled to further telephone calls except to such defendant's attorney, which calls shall be placed by a jail or correctional facility staff member. If the defendant was arrested for violating an order not to contact certain family members, the right to contact those family members by telephone shall be prohibited, and the jail or correctional facility staff shall place all outgoing telephone calls that the defendant wishes to make that are not identified in the protection order as prohibited.

(3) (a) Consistent with the provisions of section 21-1-103, C.R.S., if any person in custody indicates in any manner his desire to speak with an attorney or the court determines that an inquiry into the matter of indigency should occur, the public defender shall be permitted to communicate with that person to determine whether that person has counsel and, if the person desires that the public defender represent him, to make an initial determination as to whether the person is indigent. If the public defender determines that the person is indigent, such person shall apply for representation by the public defender in accordance with section 21-1-103, C.R.S.

(b) The public defender, upon his request and with due regard for reasonable law enforcement administrative procedures, shall be permitted to determine whether or not any person in custody has been taken without unnecessary delay before the nearest available county or district judge.
C.R.S. § 16-1-108 — CO Code / Title 16 / Article 1 / Section 16-1-108
16-1-108. Admission of records in court
Status: in_force

16-1-108. Admission of records in court. (1) In a trial or hearing, all official records and documents of the state of Colorado, as defined in section 42-2-121 (2)(c), C.R.S., shall:

(a) Be admissible in all county and district courts within the state of Colorado without further foundation;

(b) Be statutory exceptions to rule 802 of the Colorado rules of evidence; and

(c) Constitute prima facie proof of the information contained in the record or document if the record or document is accompanied by a certificate stating that the executive director of the department of revenue, or the executive director's appointee, has custody of the record or document and accompanied by and attached to a cover page that:

(I) Specifies the number of pages, exclusive of the cover page, that constitute the record or document being submitted; and

(II) Bears the signature of the executive director of the department of revenue, or the executive director's appointee, attesting to the authenticity of the record or document; and

(III) Bears the official seal of the department of revenue or a stamped or printed facsimile of the seal.

(2) As used in subsection (1) of this section, "official records and documents" includes any mechanically or electronically reproduced copy, photograph, or printout of a record or document or any portion of a record or document filed with, maintained by, or prepared by the department of revenue pursuant to section 42-2-121 (2)(c), C.R.S. The department of revenue may also permit the electronic transmission of information for direct recording in the department of revenue's records and systems. Information transmitted by an electronic means that is approved by the department of revenue constitutes an official record for the purposes of this section, regardless of whether an original source document for the information exists or ever existed. The certificate and cover page and its contents required by subsection (1) of this section may be electronically produced and transmitted. An electronic reproduction of the certificate and cover page, including an electronic signature of the executive director of the department of revenue or of the executive director's appointee and an electronic reproduction of the official seal of the department of revenue, shall be admissible in court as set forth in subsection (1) of this section.

(3) A record or document shall not be required to include every page of a record or document filed with, maintained by, or prepared by the department of revenue pursuant to this section to be an official record or document, if the official record or document includes all of those portions of the record or document relevant to the trial or hearing for which it is prepared. There shall be a presumption that the official record or document contains all information that is relevant to the trial or hearing.
C.R.S. § 16-2.5-103 — CO Code / Title 16 / Article 2.5 / Part 1 / Section 16-2.5-103
16-2.5-103. Sheriff - undersheriff - certified deputy sheriff - noncertified deputy sheriff
Status: in_force

16-2.5-103. Sheriff - undersheriff - certified deputy sheriff - noncertified deputy sheriff. (1) A sheriff, an undersheriff, and a deputy sheriff are peace officers whose authority shall include the enforcement of all laws of the state of Colorado. A sheriff shall be certified by the P.O.S.T. board pursuant to section 30-10-501.6, C.R.S. An undersheriff and a deputy sheriff shall be certified by the P.O.S.T. board.

(2) A noncertified deputy sheriff or detention officer is a peace officer employed by a county or city and county whose authority is limited to the duties assigned by and while working under the direction of the chief of police, sheriff, an official who has the duties of a sheriff in a city and county, or chief executive of the employing law enforcement agency.
C.R.S. § 16-18-103 — CO Code / Title 16 / Article 18 / Section 16-18-103
16-18-103. When taxed against informant before grand jury
Status: in_force

16-18-103. When taxed against informant before grand jury. If any person complains to any grand jury of injury done to his person, or to any person of his household, or to his property, done by another, and upon hearing evidence of the charge it appears to the grand jury that the same is untrue, and that it was maliciously entered, it is the duty of the grand jury to return the facts into court, and the court shall thereupon tax the costs incurred in the investigation of the charge and enter judgment against the person who made the complaint for the amount thereof. In proceedings under this section, the action of the grand jury shall be determined by twelve members thereof.
C.R.S. § 16-11.9-103 — CO Code / Title 16 / Article 11.9 / Part 1 / Section 16-11.9-103
16-11.9-103. Report to the general assembly
Status: in_force

16-11.9-103. Report to the general assembly. On or before March 1, 2002, the judicial department, the department of corrections, the state board of parole, the division of criminal justice within the department of public safety, and the department of human services shall jointly make a report to a joint meeting of the judiciary committees of the senate and the house of representatives regarding the standardized screening procedures developed pursuant to this article and the need for and utility of further legislation to implement the standardized screening procedures developed pursuant to this article.
C.R.S. § 16-11-210 — CO Code / Title 16 / Article 11 / Part 2 / Section 16-11-210
16-11-210. County and juvenile courts
Status: in_force

16-11-210. County and juvenile courts. Any county court or juvenile court in this state may exercise the powers provided for and granted to district courts in this part 2, and the probation officers provided for in this part 2 shall also serve such courts in the same capacity as required by this part 2 for district courts.
C.R.S. § 16-18-105 — CO Code / Title 16 / Article 18 / Section 16-18-105
16-18-105. Enforcing judgment
Status: in_force

16-18-105. Enforcing judgment. Judgment rendered under the provisions of sections 16-18-103 and 16-18-104 may be enforced in the same manner as in other criminal cases.
C.R.S. § 16-20.5-107 — CO Code / Title 16 / Article 20.5 / Section 16-20.5-107
16-20.5-107. Future modifications and purchases
Status: in_force

16-20.5-107. Future modifications and purchases. (1) The executive board shall develop and maintain a process to determine if and how changes to existing criminal justice applications impact the integrated network. Changes to criminal justice applications, databases, platforms, or business processes that have an impact on the integrated network must be coordinated through and approved by the executive board.

(2) Any state-funded expenditures by a criminal justice agency for computer platforms, databases, or applications in support of criminal justice applications shall be reviewed and approved by the executive board. The executive board shall make recommendations concerning such purchases to all appropriate budgetary approval agencies.
C.R.S. § 16-2.3-104 — CO Code / Title 16 / Article 2.3 / Section 16-2.3-104
16-2.3-104. Parties to a crime
Status: in_force

16-2.3-104. Parties to a crime. A person is legally accountable as principal for the behavior of another person who commits a civil infraction if, with the intent to promote or facilitate the commission of the offense, the person aids, abets, advises, or encourages the other person in planning or committing the offense.
C.R.S. § 16-13-502 — CO Code / Title 16 / Article 13 / Part 5 / Section 16-13-502
16-13-502. Definitions
Status: in_force

16-13-502. Definitions. As used in this part 5, unless the context otherwise requires:

(1) "Contraband article" means any controlled substance, as defined in section 18-18-102 (5), C.R.S., any other drug the possession of which is an offense under the laws of this state, any imitation controlled substance, as defined in section 18-18-420 (3), C.R.S., or any drug paraphernalia, as defined in section 18-18-426, C.R.S.

(1.5) "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 or adjudication for an offense that would constitute a criminal offense if committed by an adult.

(1.7) "Instrumental" means a substantial connection exists between the property and the unlawful use of the property.

(1.8) "Proceeds traceable" or "traceable proceeds" means all property, real and personal, corporeal and incorporeal, which is proceeds attributable to, derived from, or realized through, directly or indirectly, a subject act described in section 16-13-503, whether proved by direct, circumstantial, or documentary evidence. There shall be no requirement of showing of a trail of documentary evidence to trace proceeds if the standard of proof by clear and convincing evidence is met.

(2) "Seizing agency" means any agency that is charged with the enforcement of the laws of this state, of any other state, or of the United States relating to controlled substances and that has participated in a seizure or has been substantially involved in effecting a forfeiture through legal representation pursuant to this part 5; except that the filing of any lien against property forfeited under this part 5 by the governing body or agency thereof of any seizing agency after the date of seizure shall preclude such agency from participating pursuant to this part 5 as a seizing agency and shall deny any such agency from receiving any proceeds under this part 5. The department of corrections and a multijurisdictional task force shall be deemed to be included under this definition.

(3) "Vehicle" means any device of conveyance capable of moving itself or of being moved from place to place upon wheels, tracks, or water or through the air, whether or not intended for the transport of persons or property, and includes any place therein adapted for overnight accommodation of persons or animals or for the carrying on of business.
C.R.S. § 16-13-210 — CO Code / Title 16 / Article 13 / Part 2 / Section 16-13-210
16-13-210. Evidentiary hearing
Status: repealed

16-13-210. Evidentiary hearing. (Repealed)
C.R.S. § 16-6-201 — CO Code / Title 16 / Article 6 / Part 2 / Section 16-6-201
16-6-201. Disqualification of judge
Status: in_force

16-6-201. Disqualification of judge. (1) A judge of a court of record shall be disqualified to hear or try a case if:

(a) He is related to the defendant or to any attorney of record or attorney otherwise engaged in the case; or

(b) The offense charged is alleged to have been committed against the person or property of the judge or of some person related to him; or

(c) He has been of counsel in the case; or

(d) He is in any way interested or prejudiced with respect to the case, the parties, or counsel.

(2) Any judge who knows of circumstances which disqualify him in a case shall, on his own motion, disqualify himself.

(3) A motion for change of judge on any ground must be verified and supported by the affidavits of at least two credible persons not related to the defendant, stating facts showing the existence of grounds for disqualification. If the verified motion and supporting affidavits state facts showing grounds for disqualification, the judge must enter an order disqualifying himself. After disqualifying himself, the judge may require a full hearing upon the issues raised by the affidavits and shall request that another judge conduct the hearing. The other judge shall make findings of fact with regard thereto, and such findings shall be included as a part of the trial court record.

(4) The disqualified judge shall certify the need for a judge to the chief justice of the Colorado supreme court, who shall assign a judge to the case.

(5) The term "related", when used in this section, means related within the third degree by blood, adoption, or marriage.
C.R.S. § 16-19-120 — CO Code / Title 16 / Article 19 / Section 16-19-120
16-19-120. Persons under prosecution when demanded
Status: in_force

16-19-120. Persons under prosecution when demanded. If a criminal prosecution has been instituted against a person under the laws of this state and is still pending, the governor, in his discretion, subject to such criminal prosecution, either may surrender him on demand of the executive authority of another state or hold him until he has been tried and discharged or convicted and punished in this state.
C.R.S. § 16-13-214 — CO Code / Title 16 / Article 13 / Part 2 / Section 16-13-214
16-13-214. Costs
Status: repealed

16-13-214. Costs. (Repealed)
C.R.S. § 16-8-103 — CO Code / Title 16 / Article 8 / Part 1 / Section 16-8-103
16-8-103. Pleading insanity as a defense
Status: in_force

16-8-103. Pleading insanity as a defense. (1) (a) The defense of insanity may only be raised by a specific plea entered at the time of arraignment; except that the court, for good cause shown, may permit the plea to be entered at any time prior to trial. The form of the plea shall be: "Not guilty by reason of insanity"; and it must be pleaded orally either by the defendant or by the defendant's counsel. A defendant who does not raise the defense as provided in this section shall not be permitted to rely upon insanity as a defense to the crime charged but, when charged with a crime requiring a specific intent as an element thereof, may introduce evidence of the defendant's mental condition as bearing upon his or her capacity to form the required specific intent. The plea of not guilty by reason of insanity includes the plea of not guilty.

(b) This subsection (1) shall apply only to offenses committed before July 1, 1995.

(1.5) (a) The defense of insanity may only be raised by a specific plea entered at the time of arraignment; except that the court, for good cause shown, may permit the plea to be entered at any time prior to trial. The form of the plea shall be: "Not guilty by reason of insanity"; and it must be pleaded orally either by the defendant or by the defendant's counsel. The plea of not guilty by reason of insanity includes the plea of not guilty.

(b) This subsection (1.5) shall apply to offenses committed on or after July 1, 1995.

(2) If counsel for the defendant believes that a plea of not guilty by reason of insanity should be entered on behalf of the defendant but the defendant refuses to permit the entry of the plea, counsel may so inform the court. The court shall then conduct such investigation as it deems proper, which may include the appointment of psychiatrists or forensic psychologists to assist in examining the defendant and advising the court. After its investigation the court shall conduct a hearing to determine whether the plea should be entered. If the court finds that the entry of a plea of not guilty by reason of insanity is necessary for a just determination of the charge against the defendant, it shall enter the plea on behalf of the defendant, and the plea so entered shall have the same effect as though it had been voluntarily entered by the defendant himself or herself.

(3) If there has been no grand jury indictment or preliminary hearing prior to the entry of the plea of not guilty by reason of insanity, the court shall hold a preliminary hearing prior to the trial of the insanity issue. If probable cause is not established, the case shall be dismissed, but the court may order the district attorney to institute civil proceedings pursuant to article 65 of title 27, C.R.S., if it appears that the protection of the public or the accused requires it.

(4) Before accepting a plea of not guilty by reason of insanity, the court shall advise the defendant of the effect and consequences of the plea.
C.R.S. § 16-11-101.7 — CO Code / Title 16 / Article 11 / Part 1 / Section 16-11-101.7
16-11-101.7. Repayment of crime stopper reward - crime stopper reward reimbursement fund - cr
Status: in_force

16-11-101.7. Repayment of crime stopper reward - crime stopper reward reimbursement fund - created. (1) In addition to any other penalty authorized by law, after a defendant has been convicted of or entered a plea of guilty or nolo contendere to a felony offense, or enters into a plea bargain agreement concerning a felony offense which is reduced to a misdemeanor pursuant to such agreement, the court may order such defendant to repay all or part of any reward paid by a crime stopper organization that led to the defendant's arrest and conviction. The amount of such repayment may not exceed the actual reward paid by any crime stopper organization and shall be used solely for paying rewards.

(2) (a) Upon an order to repay all or part of a crime stopper reward, the court shall assess such repayment against the defendant in the same manner as other costs of prosecution are assessed against a defendant. The court shall order the defendant to:

(I) Pay the entire amount when sentence is pronounced; or

(II) Pay the entire amount on such later date as may be specified by the court.

(b) Any order for the repayment of all or part of a crime stopper reward shall be prioritized in accordance with the provisions of section 18-1.3-204 (2.5), C.R.S.

(3) All moneys collected by the court pursuant to this section, together with transmittal information which includes the court's docket number, the defendant's name, and the crime stopper organization which is designated to receive the repayment of reward, shall be promptly forwarded to the division of criminal justice created by section 24-33.5-502, C.R.S. Upon receipt, the division of criminal justice shall promptly transmit the moneys to the state treasurer who shall deposit them in the crime stopper reward reimbursement fund which is hereby created. Moneys in the fund shall be continuously appropriated to the division of criminal justice for the purposes of this section. The disbursement of any such moneys to the designated crime stopper organization shall be made by the division of criminal justice within thirty-five days after the date of deposit in the crime stopper reward reimbursement fund.

(4) As used in this section, "crime stopper organization" has the same meaning as provided in section 16-15.7-102 (1).
C.R.S. § 16-13-1002 — CO Code / Title 16 / Article 13 / Part 10 / Section 16-13-1002
16-13-1002. Resentencing hearing for persons serving life sentences without the possibility
Status: in_force

16-13-1002. Resentencing hearing for persons serving life sentences without the possibility of parole as the result of a direct file or transfer. (1) A person may petition the sentencing court for a resentencing hearing if the person was:

(a) A juvenile at the time of his or her offense;

(b) Convicted as an adult of a class 1 felony following direct filing of an information or indictment in the district court pursuant to section 19-2.5-801 or transfer of proceedings to the district court pursuant to section 19-2.5-802 or pursuant to either of these sections as they existed prior to their repeal and reenactment, with amendments, by House Bill 96-1005; and

(c) Sentenced to life imprisonment without the possibility of parole for an offense committed on or after July 1, 1990, and before July 1, 2006.

(2) If a petition is filed pursuant to subsection (1) of this section, the sentencing court shall conduct a resentencing hearing and resentence the offender as described in section 18-1.3-401 (4)(c), C.R.S.

(3) The provisions of sections 17-22.5-403 (2)(c) and 17-22.5-405 (1.2), C.R.S., take effect upon resentencing.

(4) A petition filed under this section is not a motion under rule 35 (c) of the Colorado rules of criminal procedure.
C.R.S. § 16-15.5-101 — CO Code / Title 16 / Article 15.5 / Section 16-15.5-101
16-15.5-101. Definitions
Status: in_force

16-15.5-101. Definitions. As used in this article, unless the context otherwise requires:

(1) "Life-threatening situation" means a circumstance in which a person is causing or has caused or is threatening to cause serious bodily injury to another person or persons, including a situation in which a person has taken another person or persons hostage.
C.R.S. § 16-8-106.5 — CO Code / Title 16 / Article 8 / Part 1 / Section 16-8-106.5
16-8-106.5. Competency evaluation advisory board - creation - membership - duties - rules -
Status: repealed

16-8-106.5. Competency evaluation advisory board - creation - membership - duties - rules - repeal. (Repealed)
C.R.S. § 16-2.5-149 — CO Code / Title 16 / Article 2.5 / Part 1 / Section 16-2.5-149
16-2.5-149. City attorney - town attorney - senior assistant city attorney - assistant city
Status: in_force

16-2.5-149. City attorney - town attorney - senior assistant city attorney - assistant city attorney - chief deputy city attorney - deputy city attorney - special deputy city attorney - prosecuting attorney - senior prosecuting attorney - senior prosecutor - special prosecutor. (1) A city attorney, town attorney, senior assistant city attorney, assistant city attorney, chief deputy city attorney, deputy city attorney, special deputy city attorney, prosecuting attorney, senior prosecuting attorney, senior prosecutor, or special prosecutor employed or contracted by a municipality, city, town, statutory city or town, or city and county is a peace officer only while engaged in the performance of his or her duties as a prosecutor. Such peace officer's authority shall include the enforcement of all laws of the municipality, city, town, statutory city or town, or city and county and the state of Colorado, and the peace officer may be certified by the P.O.S.T. board.

(2) Notwithstanding the provisions of subsection (1) of this section, the peace officer status conferred by subsection (1) of this section shall not be available to an attorney specified in subsection (1) of this section who chooses to practice as a criminal defense attorney in the state of Colorado while also working as a prosecuting attorney or an attorney who contracts with a municipality, city, town, statutory city or town, or city and county, local government to serve as a city attorney, town attorney, senior assistant city attorney, assistant city attorney, chief deputy city attorney, deputy city attorney, special deputy city attorney, prosecuting attorney, senior prosecuting attorney, senior prosecutor, or special prosecutor on a less than a full-time basis.
C.R.S. § 16-5-206 — CO Code / Title 16 / Article 5 / Part 2 / Section 16-5-206
16-5-206. Summons in lieu of warrant
Status: repealed

16-5-206. Summons in lieu of warrant. (1) Except in class 1, class 2, and class 3 felonies, level 1 and level 2 drug felonies, and in unclassified felonies punishable by a maximum penalty of more than ten years, if an indictment is returned or an information, felony complaint, or complaint has been filed prior to the arrest of the person named as defendant therein, the court has power to issue a summons commanding the appearance of the defendant in lieu of a warrant for his or her arrest unless a law enforcement officer presents in writing a basis to believe there is a significant risk of flight or that the victim or public safety may be compromised.

(1.5) (a) Except in class 1, class 2, class 3, and class 4 felonies; in crimes described in section 24-4.1-302 (1), C.R.S.; and in unclassified felonies punishable by a maximum penalty of more than ten years, a law enforcement officer may issue a summons commanding the appearance of the defendant in lieu of a warrant for his or her arrest based on probable cause if:

(I) The local district attorney consents to such procedure and has developed and approved criteria for the issuance of such a summons pursuant to this subsection (1.5);

(II) There is a reasonable likelihood that the defendant will appear;

(III) The defendant has had no felony arrests during the preceding five years;

(IV) There is no allegation that the defendant used a deadly weapon as defined in section 18-1-901 (3)(e), C.R.S., in the commission of the crime; and

(V) There are no outstanding warrants for the defendant's arrest.

(b) No later than ten days after a law enforcement officer issues a summons pursuant to this subsection (1.5), he or she shall deliver a copy to the court and to the office of the district attorney where jurisdiction lies.

(c) When the procedure described in this subsection (1.5) is used, an information or complaint may be filed in open court on the date specified in the summons.

(2) If a summons is issued in lieu of a warrant under this section:

(a) It shall be in writing.

(b) It shall state the name of the person summoned and his address.

(c) It shall identify the nature of the offense.

(d) It shall state the date when issued and the county where issued.

(e) It shall be signed by the judge or clerk of the court with the title of his office or by the law enforcement officer who issued the summons.

(f) It shall command the person to appear before the court at a certain time and place.

(g) Repealed.

(3) A summons issued under this section may be served in the same manner as the summons in a civil action or by mailing it to the defendant's last-known address by certified mail with return receipt requested not less than fourteen days prior to the time the defendant is requested to appear. Service by mail is complete upon the return of the receipt signed by the defendant.

(4) If any person summoned under this section fails to appear as commanded by the summons, the court shall forthwith issue a warrant for his arrest.
C.R.S. § 16-11-104 — CO Code / Title 16 / Article 11 / Part 1 / Section 16-11-104
16-11-104. Genetic testing - repeal
Status: repealed

16-11-104. Genetic testing - repeal. (Repealed)
C.R.S. § 16-2.5-146 — CO Code / Title 16 / Article 2.5 / Part 1 / Section 16-2.5-146
16-2.5-146. Public transit officer - definitions
Status: in_force

16-2.5-146. Public transit officer - definitions. (1) A public transit officer who is employed by a public transportation entity and is specifically designated a peace officer by the public transportation entity is a peace officer while engaged in the performance of his or her duties in accordance with any policies and procedures adopted by the public transportation entity. A public transit officer's authority includes the enforcement of all laws of the state of Colorado. A public transit officer shall be certified by the P.O.S.T. board.

(2) As used in this section, "public transportation entity" means a mass transit district, a mass transit authority, or any public entity authorized under the laws of this state to provide mass transportation services to the general public.
C.R.S. § 16-18.5-103 — CO Code / Title 16 / Article 18.5 / Section 16-18.5-103
16-18.5-103. Assessment of restitution - corrective orders
Status: repealed

16-18.5-103. Assessment of restitution - corrective orders. (Repealed)
C.R.S. § 16-5-202 — CO Code / Title 16 / Article 5 / Part 2 / Section 16-5-202
16-5-202. Requisites of information - form
Status: in_force

16-5-202. Requisites of information - form. (1) The information is sufficient if it can be understood therefrom:

(a) That it is presented by the person authorized by law to prosecute the offense;

(b) That the defendant is identified therein, either by name or by the defendant's patterned chemical structure of genetic information, or described as a person whose name is unknown to the informant;

(c) That the offense was committed within the jurisdiction of the court or is triable therein;

(d) That the offense charged is set forth with such degree of certainty that the court may pronounce judgment upon a conviction.

(2) The information may be in the following form:

STATE OF COLORADO )

) ss.

County of.................................................)

In the ........ Court ........ The People of the State of Colorado, against ........ A ........ B ........ C ........ D ........, district attorney within and for the .......... judicial district of the state of Colorado, in the county of .......... in the state aforesaid, in the name and by the authority of the people of the state of Colorado, informs the court that A ........ B ........ on the ........ day of ......... A.D. 20 ...., at the said county of .........., did (here state the offense) against the peace and dignity of the people of the state of Colorado.

C .............................................

D ............................................

District Attorney.

or C ....................... D ......................, District Attorney,

by H ...................... M ......................, Deputy.

(3) An information may be filed using the language of the statute defining the offense, including either conjunctive or disjunctive clauses. Pleading in either the conjunctive or the disjunctive shall place a defendant on notice that the prosecution may rely on any or all of the alternatives alleged.

(4) A court shall not refuse to accept a complaint or information that contains the requirements of this section.
C.R.S. § 16-15.7-102 — CO Code / Title 16 / Article 15.7 / Section 16-15.7-102
16-15.7-102. Definitions
Status: in_force

16-15.7-102. Definitions. As used in this article, unless the context otherwise requires:

(1) "Crime stopper organization" means a private, nonprofit organization:

(a) Whose primary purposes are to accept donations for the payment of rewards to persons who provide information concerning criminal activity and to forward such information to appropriate law enforcement agencies;

(b) Is subject to the provisions of articles 121 to 137 of title 7, C.R.S.;

(c) Is held to be tax exempt by the United States internal revenue service; and

(d) Has complied with the requirements of section 16-15.7-103.
C.R.S. § 16-8.6-110 — CO Code / Title 16 / Article 8.6 / Section 16-8.6-110
16-8.6-110. Review hearing - notice of termination
Status: in_force

16-8.6-110. Review hearing - notice of termination. (1) The court shall set a review hearing within one hundred eighty-two days after the court issues an order appointing a bridges wraparound care coordinator pursuant to section 16-8.6-108 (4). At the review hearing, the court must dismiss the charges against the defendant unless the court finds that the defendant has not satisfactorily complied with the individualized wraparound care plan, at which point the district attorney may file a notice of termination with the court pursuant to subsection (2) of this section. If the defendant has not satisfactorily complied with the individualized wraparound care plan but remains engaged, the court may continue the defendant's case for up to an additional ninety-one days and shall dismiss the charges if the defendant has satisfactorily complied with the individualized wraparound care plan within the additional ninety-one days.

(2) The district attorney may file a notice of termination with the court if, at any time prior to the dismissal of charges, the prosecution believes that the defendant has failed to satisfactorily comply with the individualized wraparound care plan. Upon filing the notice of termination, the court shall set a hearing date for the defendant's appearance or issue a warrant if requested by the district attorney. If the court determines based on a preponderance of the evidence that the defendant did not successfully comply with the individualized wraparound care plan, the district attorney may prosecute the defendant for the original offense or offenses.

(3) If the charges against a defendant are dismissed pursuant to this section and the charges are eligible for sealing pursuant to section 24-72-704, the district attorney may object, in the interests of justice, to sealing the case. If the district attorney files a written objection to the sealing within seven days of the dismissal, the charges against the defendant are not eligible for sealing and the court shall not enter an order sealing the charges; except that, the district attorney may, at a later date, withdraw the objection and agree to sealing the case that is dismissed pursuant to this section.
C.R.S. § 16-10-108 — CO Code / Title 16 / Article 10 / Part 1 / Section 16-10-108
16-10-108. Verdict
Status: in_force

16-10-108. Verdict. The verdict of the jury shall be unanimous. The jury shall return its verdict in open court, but a sealed verdict may be received as provided by rule of the supreme court of Colorado.
C.R.S. § 16-3-302 — CO Code / Title 16 / Article 3 / Part 3 / Section 16-3-302
16-3-302. Search warrants - municipalities - inspections - grounds
Status: in_force

16-3-302. Search warrants - municipalities - inspections - grounds. A search warrant may be issued by a judge of any municipal court by compliance with the applicable rule of the Colorado municipal court rules.
C.R.S. § 16-19-130 — CO Code / Title 16 / Article 19 / Section 16-19-130
16-19-130. Rewards - how audited - paid
Status: in_force

16-19-130. Rewards - how audited - paid. When the governor is satisfied that the crime of murder or arson or kidnapping has been committed within the state, and that the person charged therewith has not been arrested or has escaped therefrom, he may in his discretion offer a reward not exceeding one thousand dollars for the arrest and delivery to the proper authorities of the person so charged, which reward, upon the certificate of the governor that the same has been earned, shall be audited and paid by the state out of any funds appropriated for that purpose.
C.R.S. § 16-10-104 — CO Code / Title 16 / Article 10 / Part 1 / Section 16-10-104
16-10-104. Peremptory challenges
Status: in_force

16-10-104. Peremptory challenges. (1) (a) In capital cases and in cases in which the defendant is charged with murder in the first degree, the state and the defendant, when there is one defendant, are each entitled to ten peremptory challenges. In all other cases where there is one defendant and the punishment may be by imprisonment in the correctional facilities operated by the department of corrections, the state and the defendant are each entitled to five peremptory challenges, and in all other cases to three peremptory challenges.

(b) (I) If there is more than one defendant in a case:

(A) In capital cases and in cases in which a defendant is charged with murder in the first degree, each side is entitled to an additional three peremptory challenges for every defendant after the first, but not exceeding twenty peremptory challenges to each side;

(B) In all other cases where the punishment may be by imprisonment in the correctional facilities operated by the department of corrections, each side is entitled to two additional peremptory challenges for every defendant after the first, not exceeding fifteen peremptory challenges to each side; and

(C) In all other cases, each side is entitled to one additional peremptory challenge for every defendant after the first, not exceeding ten peremptory challenges to each side.

(II) In any case where there are multiple defendants, every peremptory challenge shall be made and considered as the joint peremptory challenge of all defendants.

(c) In case of the consolidation of any indictments, informations, complaints, or summonses and complaints for trial, the consolidated cases shall be considered, for all purposes concerning peremptory challenges, as though the defendants had been joined in the same indictment, information, complaint, or summons and complaint.

(d) When trial is held on a plea of not guilty by reason of insanity, the number of peremptory challenges is the same as if trial were on the issue of substantive guilt.

(2) Peremptory challenges shall be exercised as provided by applicable rule of criminal procedure.
C.R.S. § 16-8-102 — CO Code / Title 16 / Article 8 / Part 1 / Section 16-8-102
16-8-102. Other definitions
Status: repealed

16-8-102. Other definitions. As used in this article, unless the context otherwise requires:

(1) and (2) Repealed.

(2.5) "Forensic psychologist" means a licensed psychologist who is board certified in forensic psychology by the American board of professional psychology or who has completed a fellowship in forensic psychology meeting criteria established by the American board of forensic psychology.

(2.7) (a) "Impaired mental condition" means a condition of mind, caused by mental disease or defect that prevents the person from forming the culpable mental state that is an essential element of any crime charged. For the purposes of this subsection (2.7), "mental disease or defect" includes only those severely abnormal mental conditions which grossly and demonstrably impair a person's perception or understanding of reality and which are not attributable to the voluntary ingestion of alcohol or any other psychoactive substance; except that it does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.

(b) This subsection (2.7) shall apply only to offenses committed before July 1, 1995.

(3) Repealed.

(4) "Ineligible for release" means the defendant is suffering from a mental disease or defect which is likely to cause him to be dangerous to himself, to others, or to the community, in the reasonably foreseeable future, if he is permitted to remain at liberty.

(4.5) "Ineligible to remain on conditional release" means the defendant has violated one or more conditions in his release, or the defendant is suffering from a mental disease or defect which is likely to cause him to be dangerous to himself, to others, or to the community in the reasonably foreseeable future, if he is permitted to remain on conditional release.

(4.7) "Mental disease or defect" means only those severely abnormal mental conditions that grossly and demonstrably impair a person's perception or understanding of reality and that are not attributable to the voluntary ingestion of alcohol or any other psychoactive substance; except that it does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.

(5) "Release examination" means a court-ordered examination of a defendant directed to developing evidence relevant to determining whether he is eligible for release.

(6) "Release hearing" means a hearing for the purpose of determining whether a defendant previously committed to the department of human services, following a verdict of not guilty by reason of insanity, has become eligible for release.

(7) Repealed.

(8) "Sanity examination" means a court-ordered examination of a defendant who has entered a plea of not guilty by reason of insanity, directed to developing information relevant to determining the sanity or insanity of the defendant at the time of the commission of the act with which he is charged and also his competency to proceed.
C.R.S. § 16-19-105 — CO Code / Title 16 / Article 19 / Section 16-19-105
16-19-105. Governor may investigate case
Status: in_force

16-19-105. Governor may investigate case. When a demand is made upon the governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the governor may call upon the attorney general or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered.
C.R.S. § 16-11-302 — CO Code / Title 16 / Article 11 / Part 3 / Section 16-11-302
16-11-302. Duration of sentences for felonies
Status: repealed

16-11-302. Duration of sentences for felonies. (Repealed)
C.R.S. § 16-4-105 — CO Code / Title 16 / Article 4 / Part 1 / Section 16-4-105
16-4-105. Conditions of release on bond
Status: in_force

16-4-105. Conditions of release on bond. (1) For each bond, the court shall require that the released person appear to answer the charge against the person at a place and upon a date certain and at any place or upon any date to which the proceeding is transferred or continued. This condition is the only condition for which a breach of surety or security on the bail bond may be subject to forfeiture.

(2) For a person who has been arrested for a felony offense, the court shall require as a condition of a bond that the person execute a waiver of extradition stating the person consents to extradition to this state and waives all formal procedures incidental to extradition 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.

(3) Additional conditions of every bond is that the released person shall not commit any felony while free on such a bail bond, and the court in which the action is pending has the power to revoke the release of the person, to change any bond condition, including the amount of any monetary condition if it is shown that a competent court has found probable cause to believe that the defendant has committed a felony while released, pending the resolution of a prior felony charge.

(4) An additional condition of every bond in cases involving domestic violence as defined in section 18-6-800.3 (1), C.R.S., in cases of stalking under section 18-3-602, C.R.S., or in cases involving unlawful sexual behavior as defined in section 16-22-102 (9), is that the released person acknowledge the protection order as provided in section 18-1-1001 (5), C.R.S.

(4.1) Notwithstanding any other type of bond and conditions of release set by the court, in cases involving domestic violence, as defined in section 18-6-800.3 (1), or in cases where the court subjects a defendant to a mandatory protection order that qualifies as an order described in 18 U.S.C. sec. 922 (g)(8), the court shall order the defendant to comply with the provisions of section 18-1-1001 as it relates to firearm relinquishment.

(5) An additional condition of every bond in a case of an offense under section 42-2-138 (1)(d)(I), C.R.S., of driving while such person's driver's license or privilege to drive, either as a resident or nonresident, is restrained solely or partially because of a conviction of a driving offense pursuant to section 42-4-1301 (1) or (2)(a), C.R.S., is that such person not drive any motor vehicle during the period of such driving restraint.

(6) (a) If a person is arrested for driving under the influence or driving while ability impaired, pursuant to section 42-4-1301, C.R.S., and the person has one or more previous convictions for an offense in section 42-4-1301, C.R.S., or one or more convictions in any other jurisdiction that would constitute a violation of section 42-4-1301, C.R.S., as a condition of any bond, the court shall order that the person abstain from the use of alcohol or illegal drugs, and such abstinence shall be monitored.

(b) A person seeking relief from any of the conditions imposed pursuant to subsection (6)(a) of this section shall file a motion with the court, and the court shall conduct a hearing upon the motion. The court shall consider whether the condition from which the person is seeking relief is in the interest of justice and whether public safety would be endangered if the condition were not enforced. When determining whether to grant relief pursuant to this subsection (6)(b), the court shall consider whether the person has voluntarily enrolled and is participating in an appropriate substance use disorder treatment program.

(c) Notwithstanding subsection (6)(a) or any other provision of this section, if a person possesses a valid registry identification card, as defined in section 25-1.5-106 (2)(e), that establishes that he or she is a patient who uses medical marijuana, the court shall not require as a condition of any bond that the person abstain from the use of medical marijuana.

(7) A person may be released on a bond with monetary condition of bond, when appropriate, as described in section 16-4-104 (1)(c).

(8) In addition to the conditions specified in this section, the court may impose any additional conditions on the conduct of the person released that will assist in obtaining the appearance of the person in court and the safety of any person or persons and the community. These conditions may include, but are not limited to, supervision by a qualified person or organization or supervision by a pretrial services program established pursuant to section 16-4-106. While under the supervision of a qualified organization or pretrial services program, the conditions of release imposed by the court may include, but are not limited to:

(a) Periodic telephone contact with the program;

(b) Periodic office visits by the person to the pretrial services program or organization;

(c) Periodic visits to the person's home by the program or organization;

(d) Treatment of the person's behavioral, mental health, or substance use disorder, if applicable, including residential treatment if the defendant consents to the treatment;

(e) Periodic alcohol or drug testing of the person;

(f) Domestic violence counseling for the defendant if the defendant consents to the counseling;

(g) Electronic or global position monitoring of the person;

(h) Pretrial work release for the person; and

(i) Other supervision techniques shown by research to increase court appearance and public safety rates for persons released on bond.
C.R.S. § 16-11.5-103 — CO Code / Title 16 / Article 11.5 / Section 16-11.5-103
16-11.5-103. Substance abuse assessment required - convicted felons - controlled substance of
Status: repealed

16-11.5-103. Substance abuse assessment required - convicted felons - controlled substance offenders. (Repealed)
C.R.S. § 16-19-126.5 — CO Code / Title 16 / Article 19 / Section 16-19-126.5
16-19-126.5. Prior waiver of extradition
Status: in_force

16-19-126.5. Prior waiver of extradition. (1) Notwithstanding any other provision of law, a law enforcement agency in the state of Colorado holding a person who is alleged to have broken the terms of such person's probation, parole, bail, or any other conditional release in the demanding state shall immediately deliver the person to the duly authorized agent of the demanding state without the requirement of a demand by the executive authority of the demanding state, and without the requirement of a governor's warrant issued by the governor of the state of Colorado, if such person has signed a prior waiver of extradition as a condition of such person's current probation, parole, bail, or other conditional release in the demanding state.

(2) The law enforcement agency shall immediately deliver any person pursuant to subsection (1) of this section upon the receipt of the following documents, which shall be accepted as conclusive proof of the contents of such documents and of the validity of the waiver set forth therein:

(a) A certified copy of the prior waiver of extradition signed by the person being held by the law enforcement agency, or an electronically or electromagnetically transmitted facsimile thereof;

(b) A certified copy of an order or warrant from the demanding state directing the return of the person for violating the conditions of such person's probation, parole, bail, or other conditional release, or an electronically or electromagnetically transmitted facsimile thereof; and

(c) A photograph, fingerprints, or other evidence which identifies the person held by the law enforcement agency as the person who signed the waiver of extradition and who is named in the order or warrant, or an electronically or electromagnetically transmitted facsimile thereof.

(3) Nothing in this section shall be deemed to limit the right, power, or privilege of the state of Colorado to hold, try, and punish any person demanded by another state for any crime committed in the state of Colorado before delivering such person to the demanding state.
C.R.S. § 16-13-213 — CO Code / Title 16 / Article 13 / Part 2 / Section 16-13-213
16-13-213. Time allowed on sentence
Status: repealed

16-13-213. Time allowed on sentence. (Repealed)
C.R.S. § 16-19-110 — CO Code / Title 16 / Article 19 / Section 16-19-110
16-19-110. Authority of arresting officer
Status: in_force

16-19-110. Authority of arresting officer. Every peace officer or other person empowered to make the arrest shall have the same authority, in arresting the accused, to command assistance therein as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.
C.R.S. § 16-18.5-110 — CO Code / Title 16 / Article 18.5 / Section 16-18.5-110
16-18.5-110. Order of crediting payments
Status: in_force

16-18.5-110. Order of crediting payments. (1) Payments received shall be credited in the following order:

(a) Costs for crime victim compensation fund, pursuant to section 24-4.1-119, C.R.S.;

(b) Surcharges for victims and witnesses assistance and law enforcement fund, pursuant to section 24-4.2-104, C.R.S.;

(c) Restitution to victims in the following order:

(I) A victim, as defined in section 18-1.3-602 (4)(a)(I), C.R.S.;

(II) A victim, as defined in section 18-1.3-602 (4)(a)(II), C.R.S.;

(III) A victim, as defined in section 18-1.3-602 (4)(a)(III), C.R.S.;

(c.5) Surcharges related to the address confidentiality program pursuant to section 24-30-2114, C.R.S.;

(d) Time payment fee;

(e) Late fees; and

(f) Any other fines, fees, or surcharges.
C.R.S. § 16-10-109 — CO Code / Title 16 / Article 10 / Part 1 / Section 16-10-109
16-10-109. Trial by jury for petty offenses
Status: in_force

16-10-109. Trial by jury for petty offenses. (1) For the purposes of this section, "petty offense" means any crime or offense classified as a petty offense or, if not so classified, which is punishable by imprisonment other than in a correctional facility for not more than six months, or by a fine of not more than five hundred dollars, or by both such imprisonment and fine, and includes any violation of a municipal ordinance or offense which was not considered a crime at common law; except that violation of a municipal traffic ordinance which does not constitute a criminal offense or any other municipal charter, municipal ordinance, or county ordinance offense which is neither criminal nor punishable by imprisonment under any counterpart state statute shall not constitute a petty offense. No child under the age of eighteen years shall be entitled to a trial by jury for a violation of a municipal ordinance or a county ordinance for which imprisonment in jail is not a possible penalty. Nothing in this subsection (1) shall prohibit a municipality or county from granting a right to trial by jury for ordinance violations.

(2) A defendant charged with a petty offense shall be entitled to a jury trial if, within twenty-one days after entry of a plea, the defendant makes a request to the court for a jury trial, in writing, and tenders to the court a jury fee of twenty-five dollars unless the fee is waived by the judge because of the indigence of the defendant. The jury shall consist of three jurors unless a greater number, not to exceed six, is requested by the defendant in said jury demand. If the charge is dismissed or the defendant is acquitted of the charge or if the defendant, having paid the jury fee, files with the court at least seven days before the scheduled trial date a written waiver of jury trial, the jury fee shall be refunded.

(3) At the time of arraignment for any petty offense in this state, the judge shall advise any defendant not represented by counsel of the defendant's right to trial by jury, of the requirement that the defendant, if he or she desires to invoke his or her right to trial by jury, request such trial by jury within twenty-one days after entry of a plea, in writing, of the number of jurors allowed by law, and of the requirement that the defendant, if he or she desires to invoke his or her right to trial by jury, tender to the court within twenty-one days after entry of a plea a jury fee of twenty-five dollars unless the fee is waived by the judge because of the indigence of the defendant.
C.R.S. § 16-8.5-120 — CO Code / Title 16 / Article 8.5 / Section 16-8.5-120
16-8.5-120. Competency evaluation monitoring system - users - rules
Status: in_force

16-8.5-120. Competency evaluation monitoring system - users - rules. (1) The department, with assistance from the judicial department, shall develop an electronic system to track the status of defendants in the criminal justice system for whom a competency evaluation or competency restoration has been ordered. The system must contain information on the following:

(a) The date the court ordered the evaluation;

(b) The dates of and locations where the evaluation was started and completed;

(c) The date of and location where the defendant entered restoration services;

(d) The dates and results of court reviews of competency;

(e) Inpatient bed space;

(f) Community restoration capacity; and

(g) Financial estimates of costs of each inpatient and outpatient program to identify inefficiencies.

(2) The department shall establish who has access to enter information into the electronic system and who may have read-only access to the electronic system.
C.R.S. § 16-8.5-122 — CO Code / Title 16 / Article 8.5 / Section 16-8.5-122
16-8.5-122. Forensic evaluator training
Status: in_force

16-8.5-122. Forensic evaluator training. By February 1, 2020, the department shall create a partnership with an accredited institution of higher education in the state to develop and provide rigorous training in forensic evaluation. On or before January 1, 2021, newly hired competency evaluators must complete a training that addresses competency, sanity, report writing, expert testimony, and other skills crucial for forensic evaluators; except that competency evaluators who are forensic psychiatrists certified or certification-eligible by the American board of psychiatry and neurology and forensic psychologists who are certified or certification-eligible by the American board of forensic psychology may be exempt from any training requirements as outlined in this section through an exemption process to be developed by the department. The state will manage an oversight program that will provide support and ensure quality of forensic evaluators.
C.R.S. § 16-13-904 — CO Code / Title 16 / Article 13 / Part 9 / Section 16-13-904
16-13-904. Sex offender management board - duties
Status: in_force

16-13-904. Sex offender management board - duties. (1) The management board, in collaboration with the department of corrections, the judicial department, and the parole board, shall establish and revise when necessary:

(a) (Deleted by amendment, L. 2006, p. 1312, § 4, effective May 30, 2006.)

(b) Criteria to be applied by a local law enforcement agency in determining when to carry out a community notification;

(c) Protocols and procedures for carrying out community notification.

(2) The management board shall collaborate with the technical assistance team in establishing the protocols and procedures for carrying out community notification. Such protocols and procedures shall be designed to ensure that notice is provided in a manner that is as specific as possible to the population within the community that is at risk. Such protocols and procedures shall also include provision to the community of general information and education concerning sex offenders, including treatment and supervision of sex offenders, and procedures to attempt to minimize the risk of vigilantism.

(3) (Deleted by amendment, L. 2006, p. 1312, § 4, effective May 30, 2006.)
C.R.S. § 16-7-403 — CO Code / Title 16 / Article 7 / Part 4 / Section 16-7-403
16-7-403. Deferred sentencing of defendant
Status: repealed

16-7-403. Deferred sentencing of defendant. (Repealed)
C.R.S. § 16-9-101 — CO Code / Title 16 / Article 9 / Part 1 / Section 16-9-101
16-9-101. Right to compel attendance of witnesses
Status: in_force

16-9-101. Right to compel attendance of witnesses. (1) In every criminal case, the prosecuting attorney and the defendant have the right to compel the attendance of witnesses and the production of tangible evidence by service upon them of a subpoena to appear for examination as a witness at any proceeding before the court. Service of a subpoena upon a parent or legal guardian who has physical care of an unemancipated minor that contains wording commanding said parent or legal guardian to produce the unemancipated minor for the purpose of testifying before the court shall be valid service compelling the attendance of both said parent or legal guardian and the unemancipated minor for examination as witnesses. In addition, service of a subpoena as described in this subsection (1) shall compel said parent or legal guardian either to make all necessary arrangements to ensure that the unemancipated minor is available before the court to testify or to appear in court and show good cause for the unemancipated minor's failure to appear.

(2) The issuance and service of subpoenas and all procedures related thereto shall be in conformity with and as required by applicable rule of criminal procedure adopted by the Colorado supreme court.
C.R.S. § 16-8-111 — CO Code / Title 16 / Article 8 / Part 1 / Section 16-8-111
16-8-111. Determination of incompetency to proceed
Status: repealed

16-8-111. Determination of incompetency to proceed. (Repealed)
C.R.S. § 16-10-401 — CO Code / Title 16 / Article 10 / Part 4 / Section 16-10-401
16-10-401. Trials - authority to exclude victim's advocate from sequestration orders
Status: in_force

16-10-401. Trials - authority to exclude victim's advocate from sequestration orders. Notwithstanding any sequestration order entered by the court that excludes members of the general public from a jury trial or a trial before the court, the court may allow a victim's advocate to remain in the courtroom during such trial. For the purposes of this section, "victim's advocate" means any person whose regular or volunteer duties include the support of an alleged victim of physical or sexual abuse or assault.
C.R.S. § 16-2.5-120 — CO Code / Title 16 / Article 2.5 / Part 1 / Section 16-2.5-120
16-2.5-120. Colorado state higher education security officer
Status: in_force

16-2.5-120. Colorado state higher education security officer. A Colorado state higher education security officer employed by a state institution of higher education pursuant to sections 24-7-101 to 24-7-106, C.R.S., is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.
C.R.S. § 16-8.6-104 — CO Code / Title 16 / Article 8.6 / Section 16-8.6-104
16-8.6-104. Memorandum of understanding
Status: in_force

16-8.6-104. Memorandum of understanding. (1) (a) The chief judge of each judicial district shall enter into a memorandum of understanding with the district attorney's office, the public defender's office, bridges of Colorado, the department of human services, the behavioral health administration in the department of human services, community-based treatment providers, and local behavioral health case management programs within the judicial district to develop and implement a referral process to deflect individuals who are likely to be found incompetent to proceed from competency proceedings and the criminal justice system. The memorandum of understanding must ensure the parties develop an operational vision for the referral process and how the referral process will best operate within the judicial district. Additional individuals or entities may be included in the development and implementation of the memorandum of understanding with the agreement of the parties to the memorandum of understanding described in this subsection (1)(a).

(b) The office of the state court administrator shall coordinate the creation of the memorandum of understanding for each judicial district and any revisions, as needed.

(c) The parties to the memorandum of understanding shall collaborate with community groups advocating for individuals with mental health disorders in the development and operation of the referral process, whenever possible.

(2) At a minimum, the memorandum of understanding must:

(a) Describe the operational vision of the referral process;

(b) Ensure the dedication of resources for individuals referred to the bridges wraparound care program;

(c) Define the process of referral to the bridges wraparound care program;

(d) Define procedures that best ensure the efficiency and fairness of the referral process in the judicial district;

(e) Require service providers who are a party to the memorandum of understanding and who provide the services described in section 16-8.6-109 (4) to participate in the bridges wraparound care process, regularly meet and communicate with the bridges wraparound care coordinator, and provide services, as necessary, to support each individual participating in the bridges wraparound care program;

(f) Define the process and timeline for bridges of Colorado to report to the district attorney and the court regarding an individual's noncompliance with the bridges wraparound care program; and

(g) Address compliance with the data-gathering requirements pursuant to section 16-8.6-105 (2).
C.R.S. § 16-8-103.7 — CO Code / Title 16 / Article 8 / Part 1 / Section 16-8-103.7
16-8-103.7. Examination after entry of defenses of insanity and impaired mental condition
Status: in_force

16-8-103.7. Examination after entry of defenses of insanity and impaired mental condition. (1) (a) When, at the time of arraignment, the defense of insanity is raised, pursuant to section 16-8-103, and the defendant asserts his or her intention to raise the affirmative defense of impaired mental condition, pursuant to section 16-8-103.5, the court shall order one examination of the defendant with regard to both defenses pursuant to section 16-8-106.

(b) This subsection (1) shall apply only to offenses committed before July 1, 1995.

(2) (a) When, at the time of arraignment, the defense of insanity is raised pursuant to section 16-8-103, the court shall order an examination of the defendant with regard to the insanity defense pursuant to section 16-8-106.

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

(3) (a) When the defendant gives notice pursuant to section 16-8-107 (3) that he or she intends to introduce evidence in the nature of expert opinion concerning his or her mental condition, the court shall order an examination of the defendant pursuant to section 16-8-106.

(b) The provisions of this subsection (3) shall apply to offenses committed on or after July 1, 1999.
C.R.S. § 16-3-304 — CO Code / Title 16 / Article 3 / Part 3 / Section 16-3-304
16-3-304. Search warrants - contents
Status: in_force

16-3-304. Search warrants - contents. (1) If the judge is satisfied that grounds for the application exist or that there is probable cause to believe that such grounds exist, he shall issue a search warrant, which shall:

(a) Identify or describe, as nearly as may be, the premises, person, place, or thing to be searched;

(b) Identify or describe, as nearly as may be, the property to be searched for, seized, or inspected;

(c) State the grounds or probable cause for its issuance; and

(d) State the names of the persons whose affidavits or testimony have been taken in support thereof.

(2) The search warrant may also contain such other and further orders as the judge deems necessary to comply with the provisions of a statute, charter, or ordinance, or to provide for the custody or delivery to the proper officer of any property seized under the warrant, or otherwise to accomplish the purposes of the warrant.

(3) Unless the court otherwise directs, every search warrant authorizes the officer executing the same:

(a) To execute and serve the warrant at any time; and

(b) To use and employ such force as is reasonably necessary in the performance of the duties commanded by the warrant.
C.R.S. § 16-2.5-129 — CO Code / Title 16 / Article 2.5 / Part 1 / Section 16-2.5-129
16-2.5-129. Attorney general criminal investigator
Status: in_force

16-2.5-129. Attorney general criminal investigator. An attorney general criminal investigator is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado and who shall be certified by the P.O.S.T. board.
C.R.S. § 16-11.5-102 — CO Code / Title 16 / Article 11.5 / Section 16-11.5-102
16-11.5-102. Substance abuse assessment - standardized procedure
Status: repealed

16-11.5-102. Substance abuse assessment - standardized procedure. (1) The judicial department, the department of corrections, the state board of parole, the division of criminal justice of the department of public safety, and the department of public health and environment shall cooperate to develop and implement the following:

(a) A standardized procedure for the assessment of the use of controlled substances by offenders, which procedure shall include the administration of a chemical test of such offender for the presence of controlled substances or alcohol, or such other test of the offender for the presence of controlled substances or alcohol as deemed appropriate by the supervising agency. The assessment procedure developed pursuant to this paragraph (a) shall provide an evaluation of the extent of an offender's abuse of substances, if any, and recommend treatment which is appropriate to the needs of the particular offender.

(b) A system of programs for education and treatment of abuse of substances which can be utilized by offenders who are placed on probation, incarcerated with the department of corrections, placed on parole, or placed in community corrections. The programs developed pursuant to this paragraph (b) shall be as flexible as possible so that such programs may be utilized by each particular offender to the extent appropriate to that offender. The programs developed pursuant to this paragraph (b) shall be structured in such a manner that the programs provide a continuum of education and treatment programs for each offender as he proceeds through the criminal justice system and may include, but shall not be limited to, attendance at self-help groups, group counseling, individual counseling, outpatient treatment, inpatient treatment, day care, or treatment in a therapeutic community. Also, such programs shall be developed in such a manner that, to the extent possible, the programs may be accessed by all offenders in the criminal justice system. Any programs developed pursuant to this paragraph (b) shall include a system of periodic or random chemical testing for the presence of controlled substances or alcohol, or such other testing as provided in paragraph (a) of this subsection (1). The frequency of such testing shall be that which is appropriate to the particular offender in accordance with the offender's assessment performed pursuant to paragraph (a) of this subsection (1).

(c) A system of punitive sanctions for offenders who test positive for the use of substances subsequent to the initial test and after being placed in an education or treatment program. The sanctions developed pursuant to this paragraph (c) should allow for appropriate responses by the criminal justice system to each occurrence of a positive test by an offender, each of which shall become a permanent part of the offender's record.

(2) to (9) Repealed.
C.R.S. § 16-13-906 — CO Code / Title 16 / Article 13 / Part 9 / Section 16-13-906
16-13-906. Division of criminal justice - technical assistance team
Status: in_force

16-13-906. Division of criminal justice - technical assistance team. (1) The division of criminal justice of the department of public safety shall establish a technical assistance team to provide assistance to local law enforcement agencies in carrying out community notification. The technical assistance team shall include persons with expertise in sex offender management, sex offender supervision, and law enforcement.

(2) The technical assistance team shall also be available upon request to assist communities in providing general information concerning sex offenders, including treatment, management, and supervision of sex offenders within society. Such education may be provided in situations that are not related to the provision of notice concerning a specific sexually violent predator.

(3) Nothing in this section shall be construed to abrogate or limit the sovereign immunity granted to public entities pursuant to the "Colorado Governmental Immunity Act", article 10 of title 24, C.R.S.
C.R.S. § 16-21-101 — CO Code / Title 16 / Article 21 / Section 16-21-101
16-21-101. Legislative declaration
Status: in_force

16-21-101. Legislative declaration. The general assembly hereby finds and declares that the creation of an offender-based tracking system is necessary in order to improve the consistency of data shared by the different elements of the criminal justice system and to allow for the tracking of offenders through the criminal justice system. The general assembly further finds and declares that the offender-based tracking system should be operated through the Colorado integrated criminal justice information system program.
C.R.S. § 16-11-207 — CO Code / Title 16 / Article 11 / Part 2 / Section 16-11-207
16-11-207. Absent violator - arrest and return
Status: in_force

16-11-207. Absent violator - arrest and return. When there is reason to believe that a condition of probation has been violated and the alleged violator is not in the state or cannot be apprehended in the state, the probation officer shall report these facts to the court which granted probation, and the court may forthwith order the issuance of a warrant for the arrest and return of the probationer.
C.R.S. § 16-16-103 — CO Code / Title 16 / Article 16 / Section 16-16-103
16-16-103. Place of confinement - extension of limits
Status: repealed

16-16-103. Place of confinement - extension of limits. (1) The wardens, with the approval of the executive director, shall designate one or more facilities that may be physically separated from the correctional facilities and that may be used for the following purposes:

(a) Honor farm or camp;

(b) Agricultural, industrial, or vocational training or rehabilitation;

(c) Preparole center;

(d) Medical treatment or research center;

(e) Work-release residential center;

(f) Any other use or function properly connected with or in aid of the uses and purposes of correctional facilities.

(2) The executive director, in the exercise of his or her discretion, may extend the limits of confinement of any inmate in the following instances:

(a) Repealed.

(b) To work at paid employment or participate in a program of job training, only if:

(I) Representatives of labor organizations in the community in which the inmate will work or obtain employment are advised of such actions;

(II) Such paid employment will not result in the significant displacement of employed workers, or such inmates will not be utilized in skills, crafts, or trades in which there is a surplus of available labor in the community, or such inmates will not impair existing contracts for services;

(III) The rates of pay, hours, and other conditions of employment will be substantially comparable to those afforded others in the community for the performance of work of a similar nature.

(3) (a) Any inmate who is allowed to participate in such paid employment or in such job training for which a subsistence allowance is paid in connection with the job training shall pay over to the executive director all moneys received from the paid employment or job training; except that the inmate may retain that part of the moneys so received that the executive director deems necessary for expenses connected with the employment or job training. These expenses shall include, but not be limited to, travel expenses, food expenses, clothing, tools, and safety equipment.

(b) The remainder of the moneys shall be disbursed by the executive director for the following purposes, in the order stated:

(I) To the state treasurer for the reasonable cost of the inmate's confinement as determined by the executive director;

(II) The support of the inmate's dependents, if any;

(III) The payment, either in full or ratably, of the inmate's obligations acknowledged by him in writing or which have been reduced to judgment;

(IV) The balance, if any, to the inmate upon his parole or discharge.

(c) The state of Colorado shall have a lien upon the wages or subsistence allowance of any such inmate who fails to comply with the provisions of this subsection (3).

(4) The extension of the limits of confinement by the executive director shall not for any purpose be considered to be parole as provided in part 2 of article 2 or article 22.5 of title 17, C.R.S.
C.R.S. § 16-6-103.5 — CO Code / Title 16 / Article 6 / Part 1 / Section 16-6-103.5
16-6-103.5. Plea of guilty to offenses committed in two or more counties
Status: in_force

16-6-103.5. Plea of guilty to offenses committed in two or more counties. (1) Any person charged with crimes in more than one county of this state may apply to the district attorney of one of said counties to be charged with all crimes so that he may enter into a disposition and be sentenced for them in that single county. The application shall contain a description of all charged crimes and the name of the county in which each was committed.

(2) Upon receipt of the application, the district attorney shall prepare an information charging all the charged crimes and naming in each count the county where each was committed. He shall send a copy of the information to the district attorney of each other county in which the defendant stands charged, together with a statement that the defendant has applied to enter into a disposition in the county of application. Upon receipt of the information and statement, the district attorney of the other county may execute a consent in writing allowing the defendant to enter a plea of guilty in the county to which application has been made to the crime charged in the information and committed in the other county and send it to the district attorney who prepared the information.

(3) If necessary, the district attorney shall amend the information so that it includes only the offenses for which he has received written consent from the district attorney of other counties, and he shall file the information in any court of his county having jurisdiction to try or accept a plea of guilty to the most serious crime alleged therein. The defendant then may enter a plea of guilty to all offenses alleged to have been committed in the county where the court is located and to all offenses alleged to have been committed in other counties as to which consents have been executed pursuant to subsection (2) of this section. Before entering his plea of guilty, the defendant shall waive in writing any right to be tried in the county where the crime was committed. The district attorney of the county where the crime was committed need not be present when the plea is made, but his written consent shall be filed with the court.

(4) Thereupon the court shall enter such judgment, the same as if all the crimes charged were alleged to have been committed in the county where the court is located, whether or not the court has jurisdiction to try all those crimes to which the defendant has pleaded guilty under this section.

(5) The clerk of the court in the county where the plea is made shall file a copy of the judgment of conviction with the clerk in each county where a crime covered by the plea was committed. The district attorney in each of said counties shall then move to dismiss any charges covered by the plea of guilty which are pending against the defendant in his county, and the same shall thereupon be dismissed.
C.R.S. § 16-10-404 — CO Code / Title 16 / Article 10 / Part 4 / Section 16-10-404
16-10-404. Use of a court facility dog - definitions
Status: in_force

16-10-404. Use of a court facility dog - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Court facility dog" means a dog that is a graduate of an assistance dog organization that is accredited by an internationally recognized organization whose main purpose is to grant accreditation to assistance dog organizations based on standards of excellence in all areas of assistance dog acquisition, training, and placement. A "court facility dog" must be specially trained to provide support to witnesses testifying in proceedings without causing a distraction.

(b) "Criminal proceeding" or "criminal proceedings" has the same meaning as set forth in section 16-8.5-101 (8).

(c) "Qualified individual with a disability" has the same meaning as set forth in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations.

(d) "Service animal" has the same meaning as set forth in the implementing regulations of Title II and Title III of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq.

(2) (a) The court may, upon motion of a party or upon its own motion, order that a witness's testimony be offered while a court facility dog is in the courtroom during the testimony of the witness if:

(I) The testimony is taken during a criminal proceeding; and

(II) The judge determines by a preponderance of the evidence that:

(A) The presence of a court facility dog with the witness during the witness's testimony would reduce the witness's anxiety and enhance the ability of the court to receive full and accurate testimony;

(B) The arrangements for an available court facility dog during the witness's testimony would not interfere with efficient criminal proceedings; and

(C) No prejudice would result to any party due to the presence of a court facility dog with the witness.

(b) To obtain an order authorizing the use of a court facility dog during the witness's testimony, the party must file a written motion with the court no less than fourteen days prior to the criminal proceeding.

(3) Notwithstanding a judge's order granting that the witness's testimony may be offered while a court facility dog is present pursuant to subsection (2)(a) of this section, the judge has the authority to terminate the presence of a court facility dog at any time prior to, or during, the witness's testimony.

(4) To ensure that the presence of a court facility dog does not influence the jury or is not a reflection on the truthfulness of any testimony that is offered by a witness, the court may instruct the jury, if a jury instruction is requested by a party who objected to the presence of the court facility dog or upon agreement of the parties, on the role of the court facility dog and that the court facility dog is a trained animal.

(5) Nothing in this section precludes or interferes with the rights of a qualified individual with a disability who is accompanied by a service animal pursuant to state or federal law.
C.R.S. § 16-2.5-152 — CO Code / Title 16 / Article 2.5 / Part 1 / Section 16-2.5-152
16-2.5-152. Administrators of judicial security
Status: in_force

16-2.5-152. Administrators of judicial security. Administrators of judicial security employed by the judicial department are peace officers whose authority includes the enforcement of all laws of the state of Colorado, and the administrators of judicial security must be certified by the P.O.S.T. board. For the purpose of seeking peace officer status for additional personnel under the title of judicial security administrator, notwithstanding the provisions of section 16-2.5-201, additional administrators of judicial security are granted temporary peace officer status pending application and review by the P.O.S.T. board. Following review by the P.O.S.T. board pursuant to section 16-2.5-201 and upon a favorable recommendation for peace officer status from the P.O.S.T. board to the general assembly, temporary peace officer status for additional administrators is permanent. If the P.O.S.T. board does not recommend peace officer status for additional personnel under the title of judicial security administrator, the temporary peace officer status expires on June 30, 2025, unless the general assembly provides otherwise. Any peace officer positions created pursuant to this section after January 1, 2025, shall be approved by the general assembly through a decision item in the judicial department's annual budget request.
C.R.S. § 16-2-104 — CO Code / Title 16 / Article 2 / Part 1 / Section 16-2-104
16-2-104. Issuance of summons and complaint
Status: in_force

16-2-104. Issuance of summons and complaint. A summons and complaint may be issued by any peace officer for an offense constituting a misdemeanor or a petty offense committed in the peace officer's presence or, if not committed in the peace officer's presence, that the peace officer has probable cause to believe was committed and probable cause to believe was committed by the person charged. Except for penalty assessment notices, which must be handled pursuant to the procedures set forth in section 16-2-201 or 16-2.3-102, a copy of a summons and complaint so issued must be filed immediately with the county court before which appearance is required, and a second copy must be given to the district attorney or deputy district attorney for the county.
C.R.S. § 16-5-104 — CO Code / Title 16 / Article 5 / Part 1 / Section 16-5-104
16-5-104. Prohibition on issuing summons - reproductive health care
Status: in_force

16-5-104. Prohibition on issuing summons - reproductive health care. A judge shall not issue a summons in a case when a prosecution is pending, or when a grand jury investigation has started or is about to start, for a criminal violation of law of another state involving a legally protected health-care activity, as defined in section 12-30-121 (1)(d), or involving an entity that provides insurance coverage for gender-affirming health-care services, as defined in section 12-30-121 (1)(c), or reproductive health care, as defined in section 25-6-402 (4), that is legal in Colorado, unless the acts forming the basis of the prosecution or investigation would also constitute a criminal offense in Colorado.
C.R.S. § 16-13-316 — CO Code / Title 16 / Article 13 / Part 3 / Section 16-13-316
16-13-316. Prior liens not subject to forfeiture - vesting of title
Status: in_force

16-13-316. Prior liens not subject to forfeiture - vesting of title. (1) Nothing in this part 3 shall be construed in such manner as to destroy the validity of a bona fide lien upon real or personal property appearing of record prior to the seizure of personal property, prior to the filing of a notice of seizure, as provided in subsection (3) of this section, prior to the filing of a notice of lis pendens on real property, or prior to actual or constructive notice to the lienholder of the state's potential claim of public nuisance.

(2) Title to real or personal property subject to forfeiture pursuant to the provisions of this section shall vest in the state and the seizing agency at the earliest of: For currency, the time of the commission of the public nuisance act; the time of the physical seizure of said property, except for real property; the time of filing of a notice of seizure, as provided in subsection (3) of this section; the time of the filing of a notice of lis pendens on real property; or the time of the issuance of court process for seizure of property, as against anyone with prior actual notice thereof.

(3) Before or after the commencement of litigation regarding a vehicle or real property for which seizure or forfeiture is sought, the prosecuting attorney or seizing agency shall file a notice of seizure with the office of the clerk and recorder in the county where the property is located. A notice of seizure for real property shall expire within seventy days after filing unless an action is filed in court for abatement or forfeiture, under this part 3 or other applicable law. A notice of seizure shall contain: A description of the property for which seizure or forfeiture is being sought, including the street address and legal description for real property and the make, model, year, license number, and vehicle identification number for a vehicle; the date and location of the seizure if the property has already been seized; the identity of the seizing agency and prosecuting attorney; and the name of any person who is an owner of record or registered owner of the property or who is known to have, or who has asserted an interest in, the property. The notice of seizure shall also contain a statement giving notice that seizure or forfeiture of the property may be sought pursuant to this part 3, or other applicable law, and that any interest acquired in the property after the filing of the notice of the seizure will be subject to the forfeiture action in the event the property is forfeited.
C.R.S. § 16-19-108 — CO Code / Title 16 / Article 19 / Section 16-19-108
16-19-108. Issue of governor's warrant
Status: in_force

16-19-108. Issue of governor's warrant. If the governor decides that the demand should be complied with, the governor shall sign a warrant of arrest, which shall be sealed with the state seal and be directed to any peace officer or other person whom the governor may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance. Any electronically or electromagnetically transmitted facsimile of a governor's warrant shall be treated as an original document.
C.R.S. § 16-8-122 — CO Code / Title 16 / Article 8 / Part 1 / Section 16-8-122
16-8-122. Commitment and observation
Status: in_force

16-8-122. Commitment and observation. Upon the termination of the period of observation of a defendant committed under section 16-8-106, the authorities shall present to the court their account, evidenced by a statement thereof based upon the established per diem rate of the place of confinement. If approved by the court, the account shall be paid by the state pursuant to section 13-3-104, C.R.S.
C.R.S. § 16-3-301.1 — CO Code / Title 16 / Article 3 / Part 3 / Section 16-3-301.1
16-3-301.1. Court orders for the production of records - definitions
Status: in_force

16-3-301.1. Court orders for the production of records - definitions. (1) A judge of a court of record may order the production of records.

(2) A court may order the production of records under this section to require the production of records in the actual or constructive control of a business entity:

(a) That have been stolen or embezzled;

(b) That are designed or intended for use as a means of committing a criminal offense;

(c) That are or have been used as a means of committing a criminal offense;

(d) The possession of which is illegal;

(e) That would be material evidence in a subsequent criminal prosecution in this state, another state, or federal court;

(f) The seizure of which is expressly required, authorized, or permitted by a statute of this state or the United States; or

(g) That would aid in the detection of the whereabouts of or in the apprehension of a person for whom a lawful arrest order is outstanding.

(3) (a) A court shall order the production of records only on receipt of an affidavit sworn to or affirmed before the judge and relating facts sufficient to:

(I) Identify or describe, as nearly as may be, the business entity that is in actual or constructive control of the records;

(II) Identify or describe, as nearly as may be, the records that shall be produced;

(III) Establish the grounds for issuance of the court order for production of records or probable cause to believe the grounds exist; and

(IV) Establish probable cause that the records described are in the actual or constructive control of the business entity.

(b) The affidavit required by paragraph (a) of this subsection (3) may include sworn testimony reduced to writing and signed under oath by the witness giving the testimony before the issuance of the court order for the production of records. A copy of the affidavit and a copy of the transcript of testimony taken in support of the request for a court order for the production of records shall be attached to the court order for the production of records filed with the court.

(4) (a) If the court is satisfied that grounds for the application exist or that there is probable cause to believe that the grounds exist, the court shall issue a court order for the production of records, which shall:

(I) Identify or describe, as nearly as may be, the business entity that is in actual or constructive control of the records;

(II) Identify or describe, as nearly as may be, the records that shall be produced;

(III) State the grounds or probable cause for its issuance; and

(IV) State the names of the persons whose affidavits or testimony have been taken in support of the motion.

(b) The court order for the production of records may also contain other and further orders that the court deems necessary to comply with the provisions of this statute, or to provide for the custody or delivery to the proper person of the records produced and seized under the order, or otherwise to accomplish the purpose of the order.

(c) Unless the court otherwise directs, every court order for the production of records shall authorize a Colorado criminal investigator or peace officer:

(I) To serve the order during normal business hours of the business entity or at any other convenient time for the business entity that is in actual or constructive control of the records; and

(II) To receive the records during normal business hours of the business entity that is in the actual or constructive control of the records.

(5) (a) A court order for the production of records may be granted to a Colorado criminal investigator or peace officer whose affidavit supports the issuance of the order. The Colorado criminal investigator or peace officer granted the order need not have authorization to execute a search warrant in the jurisdiction in which the business entity is located.

(b) A court order for the production of records shall be served upon the business entity to whom it is directed within fourteen days after its date.

(c) A court order for production of records may be served in the same manner as a summons in a civil action or by personal service on a manager or supervisor of the business entity that is in actual or constructive control of the records or through any electronic or other means established and utilized by the business to receive service of process.

(6) (a) A business entity that is properly served with a court order for the production of records shall deliver the records, or copies of the records, identified in the court order to the officer who is designated in the court order within thirty-five days after the date the court order is served. The business entity shall also provide a notarized attestation of accuracy that the records produced represent complete and accurate copies of all records identified in the court order that are in the actual or constructive control of the business entity. If the business entity does not produce all records identified in the court order for production of records, the records not produced shall be identified. The attestation of accuracy shall be signed by the records custodian, or an officer or director of the business entity, who shall attest to the truth of the attestation to the best of the person's knowledge, information, and belief. The attestation may also attest to any one or all of the following: That the records were made at or near the time by, or from information transmitted by, a person with knowledge; that the records were kept in the course of a regular business activity; and that it was the regular practice of the business to record the information contained in the records. The business entity need only provide a copy of the attestation at the time of providing the records to the officer and may provide the original of the attestation to the officer within fourteen days after providing the records. The records and attestation of accuracy shall be sufficient to establish the authenticity of the records produced, without further necessity of extrinsic evidence.

(b) A business entity that is served with a court order for the production of records may file a motion in the court that issued the court order to allow for an extension of time in which to comply with the court order. The motion shall be filed within the time period required to produce the records. The motion shall state with particularity the reasons why the business entity cannot comply with the court order. The motion shall be served upon the Colorado criminal investigator or peace officer named in the court order.

(c) Upon the filing of a motion for an extension of time, the court shall hold a hearing within fourteen days, unless the business entity and the Colorado criminal investigator or peace officer named in the court order agree to a later time. The court may grant an extension for a reasonable time for the business to produce the records upon good cause shown or by agreement with the Colorado criminal investigator or peace officer named in the court order.

(d) Failure of the business entity to comply with the requirements of a court order for the production of records shall support a finding of contempt of court.

(e) Upon receiving the records from the business entity, the criminal investigator or peace officer named in the court order shall file a return and inventory with the court indicating the records that have been received and the date upon which the records were received. The criminal investigator or peace officer named in the court order may also file with the court the original of the attestation of authenticity and completeness.

(7) Records produced pursuant to a court order for the production of records may be supplied in any form or format that is convenient for the business entity and that may be accessed by the Colorado criminal investigator or peace officer named in the court order or his or her agency or department. Production of records using proprietary software or another method that is not accessible shall not constitute compliance with the requirements of the court order. The court may order the defendant pay the cost of production of records.

(8) A cause of action shall not lie against a business entity or an officer, director, or employee, for providing records pursuant to a court order for the production of records.

(9) Nothing in this section shall preclude a Colorado criminal investigator or peace officer from seeking a search warrant.

(10) The provisions of this section shall govern the procedures for court orders for the production of records. Motions to suppress evidence seized pursuant to a court order for the production of records shall be governed by the rules of criminal procedure.

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

(a) "Actual or constructive control" means the records are maintained or stored in any form or format on the premises of the business entity or at another location or facility under the custody or control of the business entity or a parent or subsidiary business, including pursuant to an agreement or contract with the business entity or any parent or subsidiary business and third-party service provider, in Colorado or elsewhere.

(b) "Business entity" means a corporation or other entity that is subject to the provisions of title 7, C.R.S.; a foreign corporation qualified to do business in this state pursuant to article 115 of title 7, C.R.S., specifically including a federally chartered or authorized financial institution; 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.

(c) "Colorado criminal investigator" means an employee of the Colorado department of regulatory agencies, the Colorado department of labor and employment, or the Colorado department of revenue who has been classified as a criminal investigator by the director of the employing department.

(d) "Peace officer" means a peace officer as described in section 16-2.5-101.

(e) "Records" shall include all documents, electronic notations, journal entries, data, reports, statements, financial documentation, correspondence, electronic mail, or other information retained by a business entity in connection with business activity, but shall not include an item that is privileged pursuant to section 13-90-107, C.R.S., unless the person who possesses the privilege gives consent.
C.R.S. § 16-12-209 — CO Code / Title 16 / Article 12 / Part 2 / Section 16-12-209
16-12-209. Limitation on postconviction review
Status: in_force

16-12-209. Limitation on postconviction review. (1) No further postconviction review is available to the defendant after the time specified by supreme court rule for filing a petition for postconviction review has expired. Any claim or petition filed thereafter shall be deemed waived and shall be dismissed summarily unless the defendant establishes that:

(a) The failure to raise the claim within the time limit was the direct result of interference by government officials with the presentation of the claim in a manner which violated the constitution or laws of the United States or Colorado; or

(b) The facts upon which the claim are based were unknown to the defendant and could not have been ascertained by the exercise of due diligence; or

(c) The right asserted by the defendant is a constitutional right that was recognized by the supreme court of either the United States or Colorado after the time limits specified by supreme court rule for the filing of the petition for postconviction review had expired and the constitutional right applies retroactively.

(2) If the defendant files a motion for postconviction review raising any of the grounds specified in subsection (1) of this section, the motion shall be filed with the trial court within thirty-five days after the date upon which the grounds are discovered.
C.R.S. § 16-11-308 — CO Code / Title 16 / Article 11 / Part 3 / Section 16-11-308
16-11-308. Custody of department of corrections - procedure
Status: repealed

16-11-308. Custody of department of corrections - procedure. (1) When any person is sentenced to any correctional facility, that person shall be deemed to be in the custody of the executive director of the department of corrections or his designee.

(2) Any person sentenced pursuant to subsection (1) of this section shall initially be confined in the diagnostic center, as defined in section 17-40-101 (1.5), C.R.S., unless otherwise authorized by the executive director or the executive director's designee, to undergo evaluation and diagnosis to determine whether such person should be confined in a correctional facility or any other state institution, or whether such person should participate in a rehabilitation program as provided by law; except that no person subject to the provisions of section 16-11-301 (2) shall serve such person's sentence in any state correctional facility.

(3) When such evaluation and diagnosis is completed, a recommendation shall be made to the executive director of the department of corrections or his designee as to the place of confinement or rehabilitation program as provided by law which may result in the maximum rehabilitation of the offender.

(4) Copies of the evaluation and diagnosis and the recommendation shall be shown and explained to the offender upon request; except that the executive director of the department of corrections or his designee may withhold any information he deems to be detrimental to the rehabilitation of the offender.

(4.5) Repealed.

(5) The executive director of the department of corrections or his designee is further authorized to transfer said person to any state institution or treatment facility under the jurisdiction of or approved by the department of corrections if he deems it to be in the best interests of said person and the public. Insofar as is practicable, said transfer shall be consistent with the evaluation and diagnosis and recommendation.
C.R.S. § 16-7-304 — CO Code / Title 16 / Article 7 / Part 3 / Section 16-7-304
16-7-304. Charges for bad checks
Status: in_force

16-7-304. Charges for bad checks. The department or agency supervising the collection of restitution agreed to as a condition of a plea agreement, including dismissal of a charge, may assess a charge of fifteen dollars to a defendant for collection of each bad check or each bad check received as a restitution payment. For the purposes of this section, "bad check" means a check or similar sight order for the payment of money which is dishonored by the bank or other drawee because the issuer does not have sufficient funds upon deposit with the bank or other drawee to pay the check or order upon presentation within thirty days after issue.
C.R.S. § 16-9-501 — CO Code / Title 16 / Article 9 / Part 5 / Section 16-9-501
16-9-501. Notice to the attorney general when a defendant alleges a law is unconstitutiona
Status: in_force

16-9-501. Notice to the attorney general when a defendant alleges a law is unconstitutional. If a defendant in a criminal proceeding files a motion or other pleading that includes a claim alleging a state statute or municipal ordinance is unconstitutional, the defendant shall serve the attorney general with a copy of the motion or pleading. The attorney general shall be entitled to be heard on the matter. Failure to comply with this section shall not constitute a waiver of a defendant's constitutional rights or a defendant's right to raise a constitutional challenge.
C.R.S. § 16-15.7-103 — CO Code / Title 16 / Article 15.7 / Section 16-15.7-103
16-15.7-103. Requirements for articles of incorporation of crime stopper organizations
Status: in_force

16-15.7-103. Requirements for articles of incorporation of crime stopper organizations. (1) In addition to any other requirements for articles of incorporation imposed by articles 121 to 137 of title 7, C.R.S., the articles of incorporation for any crime stopper organization that elects to avail itself of the confidentiality provisions of this article shall provide that the organization shall:

(a) Establish a method to ensure that the identity of any person who provides information concerning criminal activity to the organization remains unknown to all persons and entities, including officers and employees of the organization;

(b) Establish a method to ensure that if the identity of any person who provides information becomes known to the crime stopper organization, whether through voluntary disclosure or by any other means, such identity is not further disclosed;

(c) Assist law enforcement agencies in the detection of crime and apprehension of criminal offenders by promptly forwarding information received concerning criminal acts to such agencies;

(d) Foster the detection of crime and encourage citizens to report information about criminal activity; and

(e) Encourage news and other media to promote local crime stopper organizations by informing the public of the functions and benefits of the organization.
C.R.S. § 16-19-129 — CO Code / Title 16 / Article 19 / Section 16-19-129
16-19-129. Security for costs - default - fees
Status: in_force

16-19-129. Security for costs - default - fees. (1) In all cases where complaint is made against any fugitive from justice, the judge or justice in his discretion may require from complainant good and sufficient security for the payment of all costs which may accrue from the arrest and detention of such fugitive, which security shall be by bond to the clerk of the district court, conditioned for the payment of costs, which bond, together with a statement of the costs which have accrued on the examination, shall be returned to the office of the clerk of the district court. Upon the determination of the proceedings against the fugitive within that county, the clerk shall issue a fee bill as in other cases, to be served on the persons named in the bond, or any of them, which fee bill shall be served and returned by the sheriff, for which he shall be allowed the same fees as are given him for serving notices. If the fees are not paid on or before the first day of the next district court to be held in and for that county, nor any cause then shown why they should not be paid, the clerk may issue an execution for the same against those parties on whom the fee bill has been served and when the fees are collected shall pay over the same to the persons respectively entitled thereto. The clerk shall be entitled to one dollar for his trouble in each case, besides the usual taxed fees which are allowed in other cases for like services. Nothing contained in this section shall prevent the clerk from instituting suits on said bonds in the ordinary mode of judicial proceedings, if he deems it proper. The costs which may accrue from the arrest and detention of such fugitive, as described in this section, shall include any reasonable and necessary costs incurred by the district attorney which are directly the result of the prosecution of such fugitive from justice. When such costs are recovered by the clerk, such costs shall be remitted to the office of the district attorney which incurred such costs.

(2) For purposes of this section, reasonable costs incurred by the district attorney include but are not limited to those in section 18-1.3-701, C.R.S., as well as attorney fees and support staff costs.
C.R.S. § 16-2.5-136 — CO Code / Title 16 / Article 2.5 / Part 1 / Section 16-2.5-136
16-2.5-136. Community parole officer
Status: in_force

16-2.5-136. Community parole officer. A community parole officer employed by the department of corrections is responsible for supervising offenders in the community and supporting the division of adult parole in providing assistance to parolees to secure employment, housing, and other services to support their successful reintegration into the community while recognizing the need for public safety. A community parole officer is a peace officer whose authority shall be pursuant to section 17-27-105.5, C.R.S., and whose authority shall include the enforcement of all laws of the state of Colorado, and who shall be certified by the P.O.S.T. board.
C.R.S. § 16-2.5-123 — CO Code / Title 16 / Article 2.5 / Part 1 / Section 16-2.5-123
16-2.5-123. Director of the division of gaming - gaming investigator
Status: in_force

16-2.5-123. Director of the division of gaming - gaming investigator. The director of the division of gaming in the department of revenue or a gaming investigator in the department of revenue is a peace officer while engaged in the performance of his or her duties whose primary authority shall be as stated in section 44-30-204 and shall also include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.
C.R.S. § 16-8-119 — CO Code / Title 16 / Article 8 / Part 1 / Section 16-8-119
16-8-119. Counsel and physicians for indigent defendants
Status: in_force

16-8-119. Counsel and physicians for indigent defendants. In all proceedings under this article, upon motion of the defendant and proof that he is indigent and without funds to employ physicians, psychologists, or attorneys to which he is entitled under this article, the court shall appoint such physicians, psychologists, or attorneys for him at state expense.
C.R.S. § 16-13-905 — CO Code / Title 16 / Article 13 / Part 9 / Section 16-13-905
16-13-905. Local law enforcement - duties - immunity
Status: in_force

16-13-905. Local law enforcement - duties - immunity. (1) The local law enforcement agency for the jurisdiction in which a sexually violent predator who is subject to community notification resides shall be responsible for carrying out any community notification regarding said sexually violent predator. Such community notification shall only occur under the circumstances and in the manner specified by the management board pursuant to section 16-13-904. The local law enforcement agency may apply to the division of criminal justice for assistance from the technical assistance team in carrying out any community notification.

(2) Nothing in this section shall be construed to abrogate or limit the sovereign immunity granted to public entities pursuant to the "Colorado Governmental Immunity Act", article 10 of title 24, C.R.S.
C.R.S. § 16-8-120 — CO Code / Title 16 / Article 8 / Part 1 / Section 16-8-120
16-8-120. Applicable tests for release
Status: in_force

16-8-120. Applicable tests for release. (1) As to any person charged with any crime allegedly committed on or after June 2, 1965, the test for determination of a defendant's sanity for release from commitment, or his eligibility for conditional release, shall be: "That the defendant has no abnormal mental condition which would be likely to cause him to be dangerous either to himself or to others or to the community in the reasonably foreseeable future".

(2) As to any person charged with any crime allegedly committed prior to June 2, 1965, the test for determination of a defendant's sanity for release from commitment, or his eligibility for conditional release, shall be the test provided by law at the time of the alleged crime to determine the sanity or insanity of such defendant.

(3) As to any person charged with any crime allegedly committed on or after July 1, 1983, the test for determination of a defendant's sanity for release from commitment, or his eligibility for conditional release, shall be: "That the defendant has no abnormal mental condition which would be likely to cause him to be dangerous either to himself or others or to the community in the reasonably foreseeable future, and is capable of distinguishing right from wrong and has substantial capacity to conform his conduct to requirements of law".

(4) As to any person charged with any crime allegedly committed on or after July 1, 1983, but before July 1, 1995, resulting in commitment by reason of impaired mental condition, the test for determination of a defendant's mental condition for release from commitment, or a defendant's eligibility for conditional release, shall be: "That the defendant has no abnormal mental condition which would be likely to cause the defendant to be dangerous either to himself or herself or to others or to the community in the reasonably foreseeable future".
C.R.S. § 16-15-104 — CO Code / Title 16 / Article 15 / Section 16-15-104
16-15-104. Reports to state court administrator and attorney general
Status: repealed

16-15-104. Reports to state court administrator and attorney general. (1) All courts having jurisdiction to issue orders under section 16-15-102 shall submit to the state court administrator reports, as prescribed by the chief justice of the supreme court of Colorado, on the number of applications for orders permitting wiretapping or eavesdropping, whether the applications were granted or denied, the period for which an interception was authorized, and whether any extensions were granted on the original order.

(2) (Deleted by amendment, L. 98, p. 726, § 6, effective May 18, 1998.)

(3) District attorneys shall report annually to the attorney general information as to the number of applications made for orders permitting the interception of wire, oral, or electronic communications; the offense specified in the order or application; the nature of the facilities from which, or the place where, communications were to be intercepted; a general description of the interceptions made under any order or extension, including the nature and frequency of incriminating communications intercepted, the nature and frequency of other communications intercepted, the number of persons whose communications were intercepted, and the nature, amount, and cost of the manpower and other resources used in the interceptions; the number of arrests resulting from interceptions made under such order or extension and the offenses for which arrests were made; the number of motions to suppress made with respect to such interceptions and the number granted or denied; the number of convictions resulting from the interceptions and the offenses for which the convictions were obtained; and a general assessment of the importance of the interceptions. These reports shall be submitted to the attorney general by February 1 of each year and shall include all orders and applications made during the preceding year.

(4) Repealed.
C.R.S. § 16-7-303 — CO Code / Title 16 / Article 7 / Part 3 / Section 16-7-303
16-7-303. Fact of discussion and agreement not admissible
Status: in_force

16-7-303. Fact of discussion and agreement not admissible. Except as to proceedings resulting from a plea of guilty or nolo contendere (no contest) which is not withdrawn, the fact that the defendant or his defense counsel and the district attorney engaged in plea discussions or made a plea agreement shall not be received in evidence against or in favor of the defendant in any criminal or civil action or administrative proceeding.
C.R.S. § 16-5-205.5 — CO Code / Title 16 / Article 5 / Part 2 / Section 16-5-205.5
16-5-205.5. Grand jury reports
Status: in_force

16-5-205.5. Grand jury reports. (1) In any case in which a grand jury does not return an indictment, the grand jury may prepare or ask to be prepared a report of its findings if the grand jury determines that preparation and release of a report would be in the public interest, as described in subsection (5) of this section. The determination to prepare and release a report pursuant to this section must be made by an affirmative vote of at least the number of jurors that would have been required to return an indictment. The report shall be accompanied by certification that the grand jury has determined that release of the report is in the public interest, as described in subsection (5) of this section.

(2) The provisions of this section shall not apply in any instance in which the prosecuting attorney chooses to file charges against the person or business that was the subject of the grand jury investigation.

(3) Within fourteen days after receiving a report of the grand jury prepared pursuant to subsection (1) of this section, the prosecuting attorney shall notify in writing all persons and businesses named in the grand jury report to give such persons and businesses an opportunity to review the grand jury report and prepare a response to be submitted to the court with the grand jury report. Such notice shall be by personal service or by certified mail return receipt requested. Any responses shall be submitted to the prosecuting attorney within fourteen days after notification.

(4) Upon completion of the time for submitting responses, the prosecuting attorney shall submit the grand jury report to the court, together with the certification of public interest and any responses that may have been submitted. The court shall examine the report and make an order accepting and filing the report, including the certification and any responses that the respondent, by written notice to the prosecuting attorney and the court, has agreed to release, as a public record only if the court is satisfied that:

(a) The grand jury and the prosecuting attorney were acting within the statutory jurisdiction of such persons in convening the grand jury; and

(b) The grand jury foreman and the prosecuting attorney have verified on the record that:

(I) The certification of public interest by the grand jury complies with the provisions of subsection (5) of this section; and

(II) The report is based on facts revealed in the course of the grand jury investigation and is supported by a preponderance of the evidence; and

(III) The report does not contain material the sole effect of which is to ridicule or abuse a person or business or to subject such person or business to public disgrace or embarrassment; and

(IV) The report does not contain material that is personal in nature that does not relate to any lawful inquiry; and

(V) No confidentiality agreement will be violated and the identity of no confidential informant will be disclosed in making such grand jury report public; and

(VI) The filing of such report as a public record does not prejudice the fair consideration of a criminal matter.

(5) Release of a grand jury report pursuant to this section may be deemed to be in the public interest only if the report addresses one or more of the following:

(a) Allegations of the misuse or misapplication of public funds;

(b) Allegations of abuse of authority by a public servant, as defined in section 18-1-901 (3)(o), C.R.S., or a peace officer, as described in section 16-2.5-101;

(c) Allegations of misfeasance or malfeasance with regard to a governmental function, as defined in section 18-1-901 (3)(j), C.R.S.;

(d) Allegations of commission of a class 1, class 2, or class 3 felony.
C.R.S. § 16-3-406 — CO Code / Title 16 / Article 3 / Part 4 / Section 16-3-406
16-3-406. Custodial interrogation - admissibility - legislative declaration - definition
Status: in_force

16-3-406. Custodial interrogation - admissibility - legislative declaration - definition. (1) The general assembly finds and declares that:

(a) The United States constitution and the state constitution declare a privilege against self-incrimination and a right to counsel to be fundamental rights;

(b) Without procedural safeguards, custodial interrogation by law enforcement can lead to inherently compelling pressures that work to undermine the will of the individual subjected to the interrogation;

(c) Prior to custodial interrogation, an individual must be clearly and unequivocally apprised of the individual's rights;

(d) The exercise of these rights prior to or during custodial interrogation must be fully honored;

(e) In Miranda v. Arizona, 384 U.S. 436 (1966), the United States supreme court recognized procedural safeguards and that an advisement must be given prior to any custodial interrogation in order for statements from that custodial interrogation to be admitted at trial by the prosecution;

(f) The court further stated in Miranda that states are free to develop their own safeguards consistent with Miranda;

(g) In the decades that have followed Miranda v. Arizona, experience has demonstrated that procedural safeguards to inform individuals of their rights and to honor exercise of their rights are beneficial and just;

(h) Colorado should join other states that have codified such procedural safeguards; and

(i) It is the intent of the general assembly that Colorado should therefore provide independent statutory protection consistent with Miranda in no greater or lesser degree.

(2) As used in this section, "custodial interrogation" has the same meaning as set forth in section 16-3-601.

(3) A court shall not admit a statement made by the defendant as a result of a custodial interrogation as evidence against the defendant in any criminal trial unless the defendant, prior to making the statement, was advised in a manner that reasonably conveyed the following warnings:

(a) You have the right to remain silent;

(b) Anything you say can and will be used against you in a court of law;

(c) You have the right to consult a lawyer prior to questioning and have the lawyer present during questioning;

(d) If you cannot afford to hire a lawyer, a lawyer will be appointed to represent you before any questioning if you request one; and

(e) You can stop the interview and request to remain silent or request a lawyer at any time before or during questioning.

(4) When properly raised by the defendant pursuant to rules promulgated by the Colorado supreme court, the prosecution has the burden of establishing by a preponderance of the evidence that the defendant made a knowing, intelligent, and voluntary waiver of the rights described in subsection (3) of this section.

(5) Nothing in this section precludes the admission of a voluntary statement to impeach the credibility of the defendant as a witness.

(6) Nothing in this section precludes the admission of a voluntary statement when the prosecution proves by a preponderance of the evidence that an exception recognized through the progeny of Miranda v. Arizona, 384 U.S. 436 (1966) applies, including the public safety exception or booking exception.
C.R.S. § 16-13-206 — CO Code / Title 16 / Article 13 / Part 2 / Section 16-13-206
16-13-206. Defendant to be advised of rights
Status: repealed

16-13-206. Defendant to be advised of rights. (Repealed)
C.R.S. § 16-11-212 — CO Code / Title 16 / Article 11 / Part 2 / Section 16-11-212
16-11-212. Work and education release programs
Status: repealed

16-11-212. Work and education release programs. (Repealed)
C.R.S. § 16-13-201.5 — CO Code / Title 16 / Article 13 / Part 2 / Section 16-13-201.5
16-13-201.5. Applicability of part
Status: repealed

16-13-201.5. Applicability of part. (Repealed)
C.R.S. § 16-7-203 — CO Code / Title 16 / Article 7 / Part 2 / Section 16-7-203
16-7-203. Irregularity of arraignment
Status: in_force

16-7-203. Irregularity of arraignment. No irregularity in the arraignment which does not affect the substantial rights of the defendant shall affect the validity of any proceeding in the cause if the defendant pleads to the charge or proceeds to trial without objecting to the irregularity.
C.R.S. § 16-11-208 — CO Code / Title 16 / Article 11 / Part 2 / Section 16-11-208
16-11-208. Officer's appointment - salary - oath
Status: in_force

16-11-208. Officer's appointment - salary - oath. (1) Probation officers shall be appointed pursuant to the provisions of section 13-3-105, C.R.S., and shall not be removed except for cause.

(2) Before entering upon the duties of his office, each probation officer shall take an oath of office as an officer of the court, as prescribed by law.
C.R.S. § 16-23-104 — CO Code / Title 16 / Article 23 / Section 16-23-104
16-23-104. Collection and testing
Status: in_force

16-23-104. Collection and testing. (1) The Colorado bureau of investigation shall provide all specimen vials, mailing tubes, labels, and other materials and instructions necessary for the collection of biological substance samples required pursuant to this article.

(2) The Colorado bureau of investigation shall chemically test the biological substance samples collected pursuant to this article. The Colorado bureau of investigation shall file and maintain the testing results in the state index system after receiving confirmation from the arresting or charging agency that the adult was charged with a felony. If the Colorado bureau of investigation does not receive confirmation of a felony charge within a year after receiving the sample for testing, the Colorado bureau of investigation shall destroy the biological sample and any results from the testing of the sample. The Colorado bureau of investigation shall furnish the results to a law enforcement agency upon request. The Colorado bureau of investigation shall store and preserve all biological substance samples obtained pursuant to this article.
C.R.S. § 16-2.5-119 — CO Code / Title 16 / Article 2.5 / Part 1 / Section 16-2.5-119
16-2.5-119. State brand inspector
Status: in_force

16-2.5-119. State brand inspector. A state brand inspector is a peace officer while engaged in the performance of his or her duties whose authority shall be limited pursuant to section 35-53-128, C.R.S.