reglab/housing_qa huggingface dataset:
CO Code § 18-1.3-502 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 5 - Misdemeanor and Petty Offense Sentencing|§ 18-1.3-502. Duration of Sentences for Misdemeanors

 Courts sentencing a person for the commission of a misdemeanor to the custody of the executive director of the department of corrections shall not fix a minimum term but may fix a maximum term less than the maximum provided by law for the offense. A person so sentenced must be imprisoned, released under parole, and discharged as provided by other applicable statutes. A person sentenced to a correctional facility for the commission of a misdemeanor shall not be subjected to imprisonment for a term exceeding the maximum term provided by the statute fixing the maximum length of the sentence for the crime of which the person was convicted and for which the person was sentenced. A person sentenced to a term of imprisonment for the commission of a misdemeanor is entitled to the same time credits as if the person were sentenced to a term of imprisonment for the commission of a felony. A person committed as a juvenile delinquent shall not be imprisoned for a term exceeding two years, except as otherwise provided for aggravated juvenile offenders in section 19-2.5-1127 .   History. Source: L. 2002: Entire article added with relocations, p. 1416, § 2, effective October 1. L. 2021: Entire section amended,(SB 21-059), ch. 136, p. 721, § 45, effective October 1.    Editor's note:   This section is similar to former § 16-11-302.5 as it existed prior to 2002.   ANNOTATION   Applied in Castro v. District Court, 656 P.2d 1283 (Colo. 1982) (decided prior to 2002 relocation of § 16-11-302.5 ).
CO Code § 18-1.3-504 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 5 - Misdemeanor and Petty Offense Sentencing|§ 18-1.3-504. Misdemeanors and Petty Offenses Not Classified

  Any misdemeanor or petty offense defined by state statute without specification of its class shall be punishable as provided in the statute defining it.    Every sentence entered under this section shall include consideration of restitution as required by part 6 of this article and by article 18.5 of title 16, C.R.S.     History. Source: L. 2002: Entire article added with relocations, p. 1416, § 2, effective October 1.    Editor's note:   This section is similar to former § 18-1-108 as it existed prior to 2002.   ANNOTATION   Law reviews. For article, “Criminal Prosecutions under the Colorado Securities Act”, see 47 U. Colo. L. Rev. 233 (1976).   Applied in People v. Spann, 37 Colo. App. 152, 549 P.2d 427 (1975), rev'd on other grounds, 193 Colo. 53 , 561 P.2d 1268 (1977) (decided prior to 2002 relocation of § 18-1-108 ).
CO Code § 18-1.3-505 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 5 - Misdemeanor and Petty Offense Sentencing|§ 18-1.3-505. Penalty for Misdemeanor Not Fixed by Statute - Punishment

  In all cases where an offense is denominated a misdemeanor and no penalty is fixed in the statute therefor, the punishment shall be imprisonment for not more than three hundred sixty-four days in the county jail, or a fine of not more than one thousand dollars, or both imprisonment and fine.    Every sentence entered under this section shall include consideration of restitution as required by part 6 of this article and by article 18.5 of title 16, C.R.S.     History. Source: L. 2002: Entire article added with relocations, p. 1416, § 2, effective October 1. L. 2019: (1) amended,(HB 19-1148), ch. 59, p. 202, § 3, effective August 2.    Editor's note:   This section is similar to former § 18-1-109 as it existed prior to 2002.
CO Code § 18-1.3-507.5 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 5 - Misdemeanor and Petty Offense Sentencing|§ 18-1.3-507.5. Useful Public Service Cash Fund Created

  The useful public service cash fund, referred to within this section as the “fund”, is created in the state treasury. The fund consists of money collected as fees and credited to the fund pursuant to subsection (3) of this section and any other money that the general assembly may appropriate or transfer to the fund. Money in the fund is continuously appropriated to the judicial department for the cost of administering useful public service programs and associated costs for personal services; except that the fund is subject to the limitations on uncommitted reserves described in section 24-75-402.    The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and may not be transferred to the general fund or to another fund.    In counties where the judicial department operates a useful public service program as provided in section 18-1.3-507, 18-18-432, or 42-4-1301.4, the court shall collect any money assessed as fees pursuant to such sections and transfer such money to the state treasurer, who shall credit the money to the fund.     History. Source: L. 2017: Entire section added, (HB 17-1077), ch. 222, p. 859, § 2, effective August 9.
CO Code § 18-1.3-508 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 5 - Misdemeanor and Petty Offense Sentencing|§ 18-1.3-508. Definite Sentence Not Void

 If, through oversight or otherwise, any person is sentenced or committed to the custody of the executive director of the department of corrections for the commission of a misdemeanor for a definite period of time, the sentence or commitment shall not for that reason be void, but the person so sentenced or committed shall be subject to the liabilities and entitled to the benefits which are applicable to those persons who are properly sentenced.   History. Source: L. 2002: Entire article added with relocations, p. 1419, § 2, effective October 1.    Editor's note:   This section is similar to former § 16-11-303 as it existed prior to 2002.   ANNOTATION   Law reviews. For article, “Commitment of Misdemeanants to the Colorado State Reformatory”, see 29 Dicta 294 (1952).   Annotator's note. Since § 18-1.3-508 is similar to § 16-11-303 as it existed prior to the 2002 relocation of certain criminal sentencing provisions, relevant cases construing that provision have been included in the annotations to this section.   There is no irreconcilable inconsistency between this section and Crim. P. 35(a). This section corrects a specific error committed in sentencing. It changes the erroneous sentence automatically, with the same effect as if the judge had sentenced correctly. Smith v. Johns, 187 Colo. 388 , 532 P.2d 49 (1975).   Remand for resentencing. Sentence imposed by trial court which fixed a minimum term, contrary to the requirements of § 16-11-304 , was erroneous, but since there is no statute which automatically corrects erroneous sentences of the trial court, the case is remanded to the trial court with directions to vacate that sentence and to resentence the defendant in accordance with law. People v. Sandoval, 36 Colo. App. 403, 541 P.2d 105 (1975).   Applied in People v. Nix, 44 Colo. App. 195, 610 P.2d 1088 (1980).
CO Code § 18-1.3-509 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 5 - Misdemeanor and Petty Offense Sentencing|§ 18-1.3-509. Credit for Time Served on Misdemeanor Sentences

 A person who is confined for a misdemeanor offense prior to the imposition of a sentence for the misdemeanor offense shall be entitled to credit against the term of his or her sentence for the entire period of the confinement. At the time of sentencing, the court shall make a finding of the amount of presentence confinement to which the offender is entitled and shall include the finding in the mittimus. The period of confinement shall be deducted from the offender's sentence by the county jail.   History. Source: L. 2007: Entire section added, p. 558, § 5, effective April 16.    ANNOTATION   The interpretation of this section should be the same as the interpretation of § 18-1.3-405 regarding presentence confinement credit for time served. Therefore, the provision in § 18-1.3-405 that precludes presentence confinement credit for time served while on parole also applies to misdemeanors. People v. Carrillo, 2013 COA 3 , 297 P.3d 1028.
CO Code § 18-1.3-601 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 6 - Restitution|§ 18-1.3-601. Legislative Declaration

  The general assembly finds and declares that:   Crime victims endure undue suffering and hardship resulting from physical injury, emotional and psychological injury, or loss of property;    Persons found guilty of causing such suffering and hardship should be under a moral and legal obligation to make full restitution to those harmed by their misconduct;    The payment of restitution by criminal offenders to their victims is a mechanism for the rehabilitation of offenders;    Restitution is recognized as a deterrent to future criminality;    An effective criminal justice system requires timely restitution to victims of crime and to members of the immediate families of such victims in order to lessen the financial burdens inflicted upon them, to compensate them for their suffering and hardship, and to preserve the individual dignity of victims;    Former procedures for restitution assessment, collection, and distribution have proven to be inadequate and inconsistent from case to case;    The purposes of this part 6 are to facilitate:   The establishment of programs and procedures to provide for and collect full restitution for victims of crime in the most expeditious manner; and    The effective and timely assessment, collection, and distribution of restitution requires the cooperation and collaboration of all criminal justice agencies and departments.          It is the intent of the general assembly that restitution be ordered, collected, and disbursed to the victims of crime and their immediate families. Such restitution will aid the offender in reintegration as a productive member of society. This part 6 shall be liberally construed to accomplish all such purposes.     History. Source: L. 2002: Entire article added with relocations, p. 1419, § 2, effective October 1.    Editor's note:   This section is similar to former § 16-18.5-101 as it existed prior to 2002.   ANNOTATION   Because of the importance of requiring defendants to pay victims restitution, as expressed in this section, the doctrine of abatement ab initio does not apply to civil judgments created by restitution orders. When defendant died after conviction and entry of the order of restitution, but before determination of the direct appeal, the common law doctrine of abatement ab initio applied to defendant's conviction. Because of the importance of protecting the rights of victims, however, the restitution order, which created a civil judgment under § 18-1.3-603 (4)(a) , was not subject to abatement but could be appealed by defendant's estate. People v. Daly, 313 P.3d 571 (Colo. App. 2011).   When a defendant dies while his criminal conviction is pending on direct appeal, the doctrine of abatement ab initio extinguishes a restitution order entered as part of his sentence. People v. Johnson, 2020 COA 124 , __ P.3d __ (holding contrary to People v. Daly annotated above).
CO Code § 18-1.3-703 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 7 - Fines and Costs|§ 18-1.3-703. Reimbursement of Amounts Paid Following a Vacated Conviction or Amended Order for Restitution - Petition

  The following persons are eligible under this section for a refund of monetary payments actually paid:   A defendant whose court-ordered fines, fees, costs, surcharges, restitution, interest, or other monetary amounts resulting from a criminal conviction in a district or county court of this state have been paid if the amount paid relates solely to a conviction:   That is vacated after postconviction proceedings or is overturned on appeal; and    The charge on which the conviction was based is dismissed or the person is acquitted of the charge after a new trial;       A defendant whose court-ordered restitution and interest resulting from a criminal conviction in a district or county court of this state have been paid and:   The restitution ordered by the court is reversed on appeal; or    The amount of restitution ordered by the court is reversed on appeal and the restitution, including interest, that has been paid is in excess of the amount upheld on appeal.            A defendant may file a written motion in the court in which the conviction was entered for a refund of any monetary amounts described in subsection (1) of this section within one year after the defendant becomes eligible for the refund. The court may only extend the one-year time limit for good cause.    The defendant bears the burden of proving by a preponderance of the evidence that the amount was actually paid and that the defendant is eligible for a refund pursuant to subsection (1) of this section. If the court finds that the defendant has established eligibility for a refund, the court shall issue an order directing the state court administrator to issue a refund for the total monetary amount found to be due.       Nothing in this section requires a victim to repay restitution received as a result of a criminal conviction.      History. Source: L. 2017: Entire section added, (HB 17-1071), ch. 70, p. 219, § 1, effective September 1.
CO Code § 18-1.3-704 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 7 - Fines and Costs|§ 18-1.3-704. Outstanding Balances Owed by Juveniles - Report - Repeal

  On and after July 6, 2021, the balance of any court-assessed or court-ordered costs imposed pursuant to section 16-11-101.6 (1), 18-1.3-407 (4.5) or (11.5), 18-1.3-507 (6)(a), 18-1.3-701 (1) or (2)(m), 18-21-103 (1.5), 18-25-101 (1), 21-1-103 (3), 24-4.1-119 (1)(a) or (1)(d), 24-4.2-104 (1)(a)(I), or 42-4-1307 (10) against a juvenile, as defined in section (2)(a)(III)(A); the parent, guardian, or legal custodian of a juvenile; or other person who is liable for the support of a juvenile are unenforceable and not collectable.    (a)(III)   Within six months after July 6, 2021, the court shall vacate the portion of a court order imposing the costs described in subsection (1) of this section.    If the judicial department has referred the outstanding balance of the costs to a private collection agency for collection, the department shall inform the agency that the balance has been vacated and the balance is not collectable.    On or before July 1, 2022, the state court administrator shall report to the house of representatives' judiciary committee and the senate judiciary committee, or their successor committees, the number of orders vacated or partially vacated pursuant to this section in each judicial district and the amount of the balances vacated in each judicial district.       This section is repealed, effective June 30, 2025.      (2)   History. Source: L. 2021: Entire section added,(HB 21-1315), ch. 461, p. 3114, § 22, effective July 6.    Cross references:   For the legislative declaration in HB 21-1315, see section 1 of chapter 461, Session Laws of Colorado 2021.
CO Code § 18-1.3-804 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 8 - Special Proceedings - Sentencing of Habitual Criminals|§ 18-1.3-804. Habitual Burglary Offenders - Punishment - Legislative Declaration

  Every person convicted in this state of first degree burglary, first degree burglary of controlled substances, or second degree burglary of a dwelling who, within ten years of the date of the commission of the said offense, has been previously convicted upon charges separately brought and tried, either in this state or elsewhere, of first degree burglary, first degree burglary of drugs or first degree burglary of controlled substances, or second degree burglary of a dwelling or, under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States, of a felony which, if committed within this state, would be first degree burglary, first degree burglary of drugs or first degree burglary of controlled substances, or second degree burglary of a dwelling shall be adjudged a habitual burglary offender and shall be sentenced to the department of corrections for a term of incarceration greater than the maximum in the presumptive range, but not more than twice the maximum term, provided for such offense in section 18-1.3-401 (1)(a).    Every person convicted in this state of first degree burglary, first degree burglary of controlled substances, or second degree burglary of a dwelling who has been previously convicted of two or more felonies shall be subject to the applicable provisions of section 18-1.3-801.    Such former conviction or convictions and judgment or judgments shall be set forth in apt words in the indictment or information.    In no case shall any person who is subject to the provisions of this section be eligible for suspension of sentence or probation.    Insofar as they may be applicable, sections 18-1.3-802 and 18-1.3-803 shall govern trials which are held as a result of the provisions of this section.    The general assembly hereby finds and declares that the frequency of incidence of the crime of burglary, together with particularly high rates of recidivism among burglary offenders and the extensive economic impact which results from the crime of burglary, requires the special classification and punishment of habitual burglary offenders as provided in this section.     History. Source: L. 2002: Entire article added with relocations, p. 1430, § 2, effective October 1. L. 2003: (1) amended, p. 1427, § 6, effective April 29.    Editor's note:   This section is similar to former § 18-4-202.1 as it existed prior to 2002.   Cross references:   For limitations on collateral attacks of prior convictions, see § 16-5-402 .
CO Code § 18-1.3-901 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 9 - Sentencing of Sex Offenders|§ 18-1.3-901. Short Title

 This part 9 shall be known and may be cited as the “Colorado Sex Offenders Act of 1968”.   History. Source: L. 2002: Entire article added with relocations, p. 1430, § 2, effective October 1.    Editor's note:   This section is similar to former § 16-13-201 as it existed prior to 2002.
CO Code § 18-1.3-902 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 9 - Sentencing of Sex Offenders|§ 18-1.3-902. Applicability of Part

 The provisions of this part 9 shall apply to persons sentenced for offenses committed prior to November 1, 1998.   History. Source: L. 2002: Entire article added with relocations, p. 1431, § 2, effective October 1.    Editor's note:   This section is similar to former § 16-13-201.5 as it existed prior to 2002.
CO Code § 18-1.3-903 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 9 - Sentencing of Sex Offenders|§ 18-1.3-903. Definitions

 As used in this part 9, unless the context otherwise requires:    “Board” means the state board of parole.    “Conviction” means conviction after trial by court or jury or acceptance of a plea of guilty.    “Department” means the department of corrections.    “Sex offender” means a person convicted of a sex offense.    “Sex offense” means sexual assault, except misdemeanor sexual assault in the third degree, as set forth in section 18-3-404 (2), as it existed prior to July 1, 2000; sexual assault on a child, as defined in section 18-3-405; aggravated incest, as defined in section 18-6-302; and an attempt to commit any of the offenses mentioned in this subsection (5).     History. Source: L. 2002: Entire article added with relocations, p. 1431, § 2, effective October 1. L. 2008: (5) amended, p. 1890, § 56, effective August 5.    Editor's note:   This section is similar to former § 16-13-202 as it existed prior to 2002.   ANNOTATION   Law reviews. For article, “Colorado Felony Sentencing”, see 11 Colo. Law. 1478 (1982).   Annotator's note. Since § 18-1.3-903 is similar to § 16-13-202 as it existed prior to the 2002 relocation of certain criminal sentencing provisions, relevant cases construing that provision have been included in the annotations to this section.   When indeterminate commitment authorized in lieu of imprisonment. When the requisite proscribed intent accompanying an unauthorized intrusion is that of seeking to accomplish one of the sex offenses enumerated in subsection (5), a district court may order an indeterminate commitment under § 16-13-203 , in lieu of imprisonment. People v. Ingram, 40 Colo. App. 518, 582 P.2d 689 (1978).   Applied in People v. White, 656 P.2d 690 (Colo. 1983).
CO Code § 18-1.3-905 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 9 - Sentencing of Sex Offenders|§ 18-1.3-905. Requirements Before Acceptance of a Plea of Guilty

 Before the district court may accept a plea of guilty from any person charged with a sex offense, the court shall, in addition to any other requirement of law, advise the defendant that he or she may be committed to the custody of the department, including any penal institution under the jurisdiction of the department, as provided in section 18-1.3-904 .   History. Source: L. 2002: Entire article added with relocations, p. 1431, § 2, effective October 1.    Editor's note:   This section is similar to former § 16-13-204 as it existed prior to 2002.   ANNOTATION   Annotator's note. Since § 18-1.3-905 is similar to § 16-13-204 as it existed prior to the 2002 relocation of certain criminal sentencing provisions, relevant cases construing those provisions have been included in the annotations to this section.   Duty where defendant represented by counsel. The trial court only has a duty to advise those who plead guilty to a sex offense of the possibility of sentencing under the act and has no such duty where the defendant pleads guilty and is represented by counsel. People v. Medina, 193 Colo. 190 , 564 P.2d 119 (1977).   Failure to expressly advise defendant of possibility of sentence of imprisonment under this section does not invalidate guilty plea. Wilson v. People, 708 P.2d 792 (Colo. 1985).   Advisement substantially complied with the requirement of this section. People v. Adrian, 701 P.2d 45 (Colo. 1985).   Applied in People v. Wilkerson, 192 Colo. 386 , 559 P.2d 1107 (1977).