reglab/housing_qa huggingface dataset:
CO Code § 18-1-1108 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1 - Provisions Applicable to Offenses Generally|Part 11 - Preservation of Dna Evidence|§ 18-1-1108. Notice - Form and Sufficiency

  Notice to the defendant as required by this part 11 shall be proper if it is sent by United States mail or hand-delivered to the attorney of record for the defendant as defined in rule 44 of the Colorado rules of criminal procedure. If there is no attorney of record, notice to the defendant shall be proper if it is sent by United States mail to the last-known address of the defendant as reflected in the current motor vehicle records or, if no such record exists, the last-known address in the court file. Prior to sending notice by United States mail, however, the district attorney shall first review the department of corrections records to determine whether the defendant is in the physical custody of the department of corrections or on parole. If the defendant is in the physical custody of the department of corrections or on parole, the district attorney shall send notice by United States mail to the correctional facility in which, according to the department's records, the defendant is housed or to the address to which the defendant has been paroled. If the letter is returned because the defendant has been transferred to a different correctional facility, the district attorney shall send notice to the new facility in which the defendant is housed.    The department of public safety, in consultation with state and local law enforcement agencies, shall develop a form to be used by all law enforcement agencies for providing notice to the district attorney and the defendant as described in section 18-1-1105 (2).     History. Source: L. 2009: Entire part R&RE, (HB 09-1121), ch. 20, p. 102, § 1, effective March 18.
CO Code § 18-1.3-103.4 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 1 - Alternatives in Sentencing|§ 18-1.3-103.4. Senate Bill 13-250 - Legislative Intent - Clarification of Internal Reference to Level 4 Drug Felonies

 The intent of the general assembly in enacting Senate Bill 13-250 was to allow courts, for offenses committed on and after October 1, 2013, to vacate certain level 4 drug felony convictions and enter misdemeanor convictions if the offender completes community-based sentencing. While the term “level 4 drug felony” to which section 18-1.3-103.5 (3)(b) refers was described in section 18-18-405 (2)(c)(II) of the introduced version of Senate Bill 13-250, an amendment to the bill during the legislative process moved the level 4 drug felony description to section 18-18-405 (2)(d) . The conforming change was not made to the internal reference in section 18-1.3-103.5 (3)(b) , resulting in an incorrect internal reference being published in the 2013 version of the Colorado Revised Statutes. When enacting Senate Bill 13-250, it was the intent of the general assembly that the level 4 drug felonies to which section 18-1.3-103.5 (3)(b) refers be those described in section 18-18-405 (2)(d) . Accordingly, by the passage of Senate Bill 14-163, enacted in 2014, the general assembly corrects the internal reference found in section 18-1.3-103.5 (3)(b). The correction to the internal reference is effective as of the effective date of Senate Bill 13-250, October 1, 2013, and applies to offenses committed on or after October 1, 2013.   History. Source: L. 2014: Entire section added, (SB 14-163), ch. 391, p. 1970, § 7, effective June 6. L. 2018: Entire section amended, (HB 18-1375), ch. 274, p. 1701, § 22, effective May 29.
CO Code § 18-1.3-104.5 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 1 - Alternatives in Sentencing|§ 18-1.3-104.5. Alternatives in Imposition of Sentence in Drug Felony Cases - Exhaustion of Remedies

  The general assembly finds that it is essential in certain level 4 drug felony cases that the court consider all sentencing options to ensure that the state's costly prison resources are used for those offenders for whom another sentence is not appropriate or will not properly meet the goals of community safety and rehabilitation of the offender.      Prior to the imposition of any sentence to the department of corrections for a level 4 drug felony offense at sentencing or at resentencing after a revocation of probation or community corrections sentence, the court shall exhaust all reasonable and appropriate alternative sentences for the offense considering all factors outlined in paragraph (b) of this subsection (2).    If the court sentences the defendant to the department of corrections for a level 4 drug felony offense, it must determine that incarceration is the most suitable option given the facts and circumstances of the case, including the defendant's willingness to participate in treatment. Further, the court must also determine that all other reasonable and appropriate sanctions and responses to the violation that are available to the court have been tried and failed, do not appear likely to be successful if tried, or present an unacceptable risk to public safety.    In making the determination in paragraph (b) of this subsection (2), the court shall review, to the extent available, the information provided by the supervising agency, which includes, but is not limited to, a complete statement as to what treatment and sentencing options have been tried and have failed, what other community options are available and the reasons why any other available community options appear to be unlikely to be successful. The supervising agency shall provide to the court the risk level of the offender as determined by an evidence-based risk assessment tool employed by the supervising agency and any other information relevant to the defendant's risk to public safety.         History. Source: L. 2013: Entire section added, (SB 13-250), ch. 333, p. 1902, § 2, effective October 1.
CO Code § 18-1.3-202.5 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 2 - Probation|§ 18-1.3-202.5. Veterans Court Probation Supervision

  If the defendant is a veteran or is currently serving in the United States armed forces and is suffering from a diagnosable mental health condition that is related to the veteran's military service and the jurisdiction of trial does not have a veterans treatment court, the defendant, with the consent of the district attorney and any victim in a victim's rights case, may petition the court to transfer the supervision of any post disposition of the case to a jurisdiction with a veterans treatment court.    A defendant filing a petition pursuant to subsection (1) of this section must identify the jurisdiction where the supervision of the probation in the case may be transferred and the services or supports available in that jurisdiction's veterans treatment court that the defendant is seeking to access.    When a court receives a petition pursuant to subsection (1) of this section, the court shall confer with the judge administering the veterans treatment court in the jurisdiction identified in the petition and the district attorney of the jurisdiction identified in the petition. The court may grant the petition to transfer the supervision of probation in the case if the veterans treatment court and the district attorney in the hosting jurisdiction consent to the transfer and that jurisdiction has the current ability to provide the resources and support necessary to responsibly accept the transfer.    If the host jurisdiction files a motion for revocation of the veterans treatment court program probation, the host jurisdiction shall conduct the revocation hearing. If probation is revoked, the host jurisdiction shall refer the matter to the original jurisdiction for resentencing.    Nothing in this section prohibits the host jurisdiction from utilizing program policies related to minor violations that are typically addressed through graduated sanctions.     History. Source: L. 2021: Entire section added, (HB 21-1016), ch. 214, p. 1135, § 2, effective September 7.
CO Code § 18-1.3-206 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 2 - Probation|§ 18-1.3-206. Repayment of Crime Stopper Reward as a Condition of Probation

  As a condition of every sentence to probation where information received through a crime stopper organization led to the arrest and felony conviction of a defendant, the court may require such defendant, as a condition of probation, to repay all or part of any reward paid by such organization. The amount of such repayment shall not exceed the actual reward paid by any crime stopper organization and shall be used solely for paying rewards. The court shall fix the manner and time of repayment.    In the event the defendant fails to repay the crime stopper reward in accordance with an order of the court, the defendant shall be returned to the sentencing court and the court, upon proof of failure to pay, may:   Modify the amount of the repayment;    Extend the period of probation;    Order the defendant committed to jail with work release privileges; or    Revoke probation and impose the sentence otherwise required by law.       When, as a result of a plea bargain agreement, a defendant is ordered to repay a reward pursuant to subsection (1) of this section, the department or agency supervising the collection of such repayment may assess a charge of fifteen dollars to the defendant for collection of each bad check or each bad check received as a repayment.    Any order for the repayment of all or part of a crime stopper reward as a condition of probation shall be prioritized in accordance with section 18-1.3-204 (2.5).    As used in this section, unless the context otherwise requires:   “Bad check” has the same meaning provided in section 16-7-404.    “Crime stopper organization” has the same meaning provided in section 16-15.7-102 (1), C.R.S.        History. Source: L. 2002: Entire article added with relocations, p. 1382, § 2, effective October 1.    Editor's note:   This section is similar to former § 16-11-204.6 as it existed prior to 2002.
CO Code § 18-1.3-209 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 2 - Probation|§ 18-1.3-209. Substance Abuse Assessment Required

  Each person convicted of a felony committed on or after July 1, 1992, and each person convicted of a misdemeanor or petty offense on or after July 1, 2008, who is to be considered for probation or a deferred judgment and sentence that includes supervision by the probation department, shall be required to submit to an assessment for the use of controlled substances or alcohol developed pursuant to section 16-11.5-102 (1)(a), C.R.S., as part of the presentence or probation investigation required pursuant to section 16-11-102, C.R.S., or, if the investigation is waived pursuant to section 16-11-102 (4), C.R.S., and the person is sentenced to probation or supervised by a probation officer, then as a part of intake.    The court shall order each person required to submit to an assessment pursuant to subsection (1) of this section to comply with the recommendations of the alcohol and drug assessment. If the person is sentenced to probation, a deferred judgment and sentence that includes supervision by the probation department, or any other sentence except a sentence only to jail, the person shall be ordered to comply with the recommendations as a condition or as part of the sentence imposed, at the person's own expense, unless the person is indigent.    The assessment required by subsection (1) of this section shall be at the expense of the person assessed, unless the person is indigent.     History. Source: L. 2002: Entire article added with relocations, p. 1385, § 2, effective October 1. L. 2008: Entire section amended, p. 1714, § 1, effective July 1. L. 2011: (1) amended,(HB 11-1200), ch. 158, p. 544, § 1, effective August 10.    Editor's note:   This section is similar to former § 16-11.5-103 as it existed prior to 2002.
CO Code § 18-1.3-210 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 2 - Probation|§ 18-1.3-210. Counseling or Treatment for Alcohol or Drug Abuse or Substance Use Disorder

  In any case in which treatment or counseling for alcohol or drug abuse or a substance use disorder is authorized in connection with a deferred prosecution, deferred judgment and sentence, or probation, the court may require the defendant to obtain counseling or treatment for the condition. If the court orders the counseling or treatment, the court shall order that the counseling or treatment is obtained from a treatment facility or person approved by the office of behavioral health in the department of human services, established in article 80 of title 27, unless the court makes a finding that counseling or treatment in another facility or with another person is warranted. If the defendant voluntarily submits himself or herself for treatment or counseling, the district attorney and the court may consider his or her willingness to correct his or her condition as a basis for granting deferred prosecution or deferred judgment and sentence.    Notwithstanding the provisions of subsection (1) of this section, in any case in which treatment or counseling for alcohol or drug abuse or a substance use disorder is authorized and ordered by the court in connection with a deferred prosecution, deferred judgment and sentence, or probation for an offense involving unlawful sexual behavior, as defined in section 16-22-102 (9), the court shall order that the counseling or treatment is obtained from a treatment facility or person approved by the office of behavioral health in the department of human services, established in article 80 of title 27.     History. Source: L. 2002: Entire article added with relocations, p. 1385, § 2, effective October 1. L. 2008: Entire section amended, p. 1715, § 2, effective July 1. L. 2010: Entire section amended,(SB 10-175), ch. 188, p. 785, § 29, effective April 29. L. 2017: Entire section amended,(SB 17-242), ch. 263, p. 1305, § 139, effective May 25.    Editor's note:   This section is similar to former § 16-7-402 as it existed prior to 2002.   Cross references:    For the duties of the office of behavioral health in the department of human services concerning alcohol and drug abuse or substance use disorders, see article 80 of title 27.    For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.     ANNOTATION   Law reviews. For article, “Review of New Legislation Relating to Criminal Law”, see 11 Colo. Law. 2148 (1982).
CO Code § 18-1.3-211 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 2 - Probation|§ 18-1.3-211. Sentencing of Felons - Parole of Felons - Treatment and Testing Based Upon Assessment Required

  Each person sentenced by the court for a felony committed on or after July 1, 1992, is required, as a part of any sentence to probation, community corrections, or incarceration with the department of corrections, to undergo periodic testing and treatment for substance abuse that is appropriate to the felon based upon the recommendations of the assessment made pursuant to section 18-1.3-209, or based upon any subsequent recommendations by the department of corrections, the judicial department, or the division of criminal justice of the department of public safety, whichever is appropriate. Any testing or treatment must be at a facility or with a person approved by the office of behavioral health in the department of human services, established in article 80 of title 27, and at the felon's own expense, unless he or she is indigent.    Each person placed on parole by the state board of parole on or after July 1, 1992, is required, as a condition of parole, to undergo periodic testing and treatment for substance abuse that is appropriate to the parolee based upon the recommendations of the assessment made pursuant to section 18-1.3-209 or any assessment or subsequent reassessment made regarding the parolee during his or her incarceration or any period of parole. Any testing or treatment must be at a facility or with a person approved by the office of behavioral health in the department of human services, established in article 80 of title 27, and at the parolee's own expense, unless he or she is indigent.     History. Source: L. 2002: Entire article added with relocations, p. 1385, § 2, effective October 1. L. 2010: Entire section amended,(SB 10-175), ch. 188, p. 786, § 30, effective April 29. L. 2017: Entire section amended,(SB 17-242), ch. 263, p. 1254, § 14, effective May 25.    Editor's note:   This section is similar to former § 16-11.5-104 as it existed prior to 2002.   Cross references:   For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
CO Code § 18-1.3-212 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 2 - Probation|§ 18-1.3-212. Drug Testing of Offenders by Judicial Department - Pilot Program

 The judicial department is hereby authorized and directed to develop as soon as possible a pilot program for the drug testing of persons during presentence investigation and on probation. Such program shall include testing of persons during presentence investigation and may include random drug testing when an offender is assigned to specialized treatment and rehabilitation programs.   History. Source: L. 2002: Entire article added with relocations, p. 1386, § 2, effective October 1.    Editor's note:   This section is similar to former § 16-11-102.5 as it existed prior to 2002.
CO Code § 18-1.3-402 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 4 - Sentences to Imprisonment|§ 18-1.3-402. Felony Offenses Not Classified

  Any felony defined by state statute without specification of its class shall be punishable as provided in the statute defining it. For felony offenses committed on or after July 1, 1993, if the sentencing court sentences an offender to incarceration pursuant to the provisions of this section, the sentencing court shall also impose a mandatory period of parole of two years.    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. 1402, § 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 § 18-1.3-403 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 4 - Sentences to Imprisonment|§ 18-1.3-403. Penalty for Felony Not Fixed by Statute - Punishment

  In all cases where an offense is denominated by statute as being a felony and no penalty is fixed in the statute therefor, the punishment shall be imprisonment for not more than five years in a correctional facility, as defined in section 17-1-102, C.R.S., or a fine of not more than fifteen thousand dollars, or both such imprisonment and fine. For offenses committed on or after July 1, 1985, a fine of not more than one hundred thousand dollars may be levied. For offenses committed on or after July 1, 1993, if the sentencing court sentences an offender to incarceration pursuant to the provisions of this section, the sentencing court shall also impose a mandatory period of parole of two years.    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. 1402, § 2, effective October 1.    Editor's note:   This section is similar to former § 18-1-109 as it existed prior to 2002.
CO Code § 18-1.3-404 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 4 - Sentences to Imprisonment|§ 18-1.3-404. Duration of Sentences for Felonies

  Unless otherwise provided by law and except as otherwise provided in the “Colorado Children's Code”, title 19, C.R.S., courts sentencing any person for the commission of a felony to the custody of the executive director of the department of corrections shall fix a definite term as provided by section 18-1.3-401. The persons so sentenced shall be imprisoned and discharged as provided by other applicable statutes. No person sentenced to a correctional facility for the commission of a felony shall be subjected to imprisonment for a term exceeding the term provided by the statute fixing the length of the sentence for the crime of which the person was convicted and for which the person was sentenced.      If a court sentences a defendant to the custody of the department of corrections, the court shall, after fixing a definite term of imprisonment, read the following statement:    By requiring the court to read the statement contained in paragraph (a) of this subsection (2), the general assembly does not intend to grant any additional rights to the defendant. Failure of a court to comply with the requirements of paragraph (a) of this subsection (2) shall not be grounds for a defendant to withdraw a guilty plea or in any way gain a reversal of a conviction or reduction in sentence. (2.5) If a court sentences a defendant to the custody of the department of corrections and the defendant was under twenty-one years of age when the offense was committed, the court shall make a statement that there is the possibility of the defendant being eligible to serve a portion of the defendant's sentence in the department of corrections specialized program created pursuant to section 17-34-102 .         Nothing in subsection (2) of this section shall be construed to affect the duties otherwise imposed by law on the court or on the executive director of the department of corrections.    Nothing in subsection (2) of this section shall be construed to limit, expand, or otherwise affect any provision of law concerning the availability, administration, entitlement, or award of good time credits and earned time credits.         “The defendant may spend less time incarcerated than the term announced here today. The actual time served will be influenced by a number of factors including, but not limited to, previous criminal activities, eligibility for earned time for good behavior, correctional education program earned time, credit for time served, or community corrections eligibility.”    History. Source: L. 2002: Entire article added with relocations, p. 1403, § 2, effective October 1. L. 2021: (2.5) added,(HB 21-1209), ch. 448, p. 2952, § 5, effective September 7.    Editor's note:   This section is similar to former § 16-11-302 as it existed prior to 2002.   ANNOTATION   Law reviews. For article, “Commitment of Misdemeanants to the Colorado State Reformatory”, see 29 Dicta 294 (1952).
CO Code § 18-1.3-409 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 4 - Sentences to Imprisonment|§ 18-1.3-409. Concurrent or Consecutive Sentences - Court to Clarify Sentencing in Mittimus

 Before remitting any mittimus to the department of corrections sentencing a defendant to the custody of the department, a court shall confirm that the mittimus properly reflects the sentencing order of the court and includes all necessary information regarding the sentence and any information as to whether a sentence is to be served concurrent with, or consecutive to, the sentence for any other count or any other case.   History. Source: L. 2013: Entire section added, (HB 13-1323), ch. 325, p. 1817, § 2, effective May 28.