2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 7 - SEPARATE TRIAL - ARRAIGNMENT - PLEA AGREEMENTS - DEFERRED PROSECUTION AND DEFERRED SENTENCING (§§ 16-7-101 — 16-7-404) › Part 3 - PLEA DISCUSSIONS AND PLEA AGREEMENTS (§§ 16-7-301 — 16-7-304) › Section 16-7-301 - Propriety of plea discussions and plea agreements

(1)
Where it appears that the effective administration of criminal justice will thereby be served, the district attorney may engage in plea discussions for the purpose of reaching a plea agreement. The district attorney should engage in plea discussions or reach plea agreements with the defendant only through or in the presence of defense counsel except where the defendant is not eligible for appointment of counsel because the defendant is not indigent or the charged offense does not include a possible sentence of incarceration or because the defendant refuses appointment of counsel and has not retained counsel.
(2)
The district attorney may agree to one or more of the following, depending upon the circumstances of the individual case:
(a)
To make or not to oppose favorable recommendations concerning the sentence to be imposed if the defendant enters a plea of guilty or nolo contendere (no contest);
(b)
To seek or not to oppose the dismissal of an offense charged if the defendant enters a plea of guilty or nolo contendere (no contest) to another offense reasonably related to the defendant's conduct;
(c)
To seek or not to oppose the dismissal of other charges or not to prosecute other potential charges against the defendant if the defendant enters a plea of guilty or nolo contendere (no contest);
(d)
To consent to diversion, as provided in section
18-1.3-101
, C.R.S.;
(e)
To consent to deferred sentencing, as provided in section
18-1.3-102
, C.R.S.;
(f)
To consent to an assessment for suitability for participation in restorative justice practices, including victim-offender conferences.
(3)
Defendants whose situations are similar should be afforded similar opportunities for plea agreement.
(4)
Repealed.
(5)
Any plea agreement in a case involving a plea to a violation of article
18
of title
18
, C.R.S., may not require a waiver by the defendant of the right to petition to have the defendant's criminal conviction records sealed pursuant to part 3 of article
72
of title
24
, C.R.S.
Amended by 2017 Ch. 58, § 3, eff. 8/9/2017.
Amended by 2013 Ch. 306, § 1, eff. 1/1/2014.
Amended by 2013 Ch. 333, § 32, eff. 10/1/2013.
Amended by 2013 Ch. 336, § 3, eff. 8/7/2013.
L. 72: R&RE, p. 223, § 1. C.R.S. 1963: § 39-7-301. L. 75: IP(2) amended and (2)(d) and (2)(e) added, p. 609, § 1, effective March 12. L. 92: (1) amended and (4) added, p. 465, § 2, effective July 1. L. 93: (4) amended, p. 1285, § 2, effective July 1. L. 2002: (2)(d) and (2)(e) amended, p. 1491, § 135, effective October 1. L. 2013: (2)(d) amended, (HB 13-1156), ch. 336, p. 1957, § 4, effective August 7; (5) added, (SB 13-250), ch. 333, p. 1925, § 32, effective October 1; (1) amended and (4) repealed, (HB 13-1210), ch. 306, p. 1622, § 1, effective 1/1/2014. L. 2017: (2)(f) added, (HB 17-1039), ch. 58, p. 183, § 3, effective August 9.
For the legislative declaration contained in the 2002 act amending subsections (2)(d) and (2)(e), see section 1 of chapter 318, Session Laws of Colorado 2002.