2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1.3 - SENTENCING IN CRIMINAL CASES (§§ 18-1.3-101 — 18-1.3-1407) › Part 4 - SENTENCES TO IMPRISONMENT (§§ 18-1.3-401 — 18-1.3-410) › Section 18-1.3-407.5 - Sentences - young adult offenders - youthful offender system - definitions

(1)
(a)
A young adult offender may be sentenced to the youthful offender system in the department of corrections in accordance with section
18-1.3-407
, in the following circumstances:
(I)
The young adult offender is convicted of a felony enumerated as a crime of violence pursuant to section
18-1.3-406
;
(II)
The young adult offender is convicted of a felony offense described in part 1 of article
12
of this title;
(III)
The young adult offender used, or possessed and threatened the use of, a deadly weapon during the commission of a felony offense against a person, as set forth in article
3
of this title;
(IV)
The young adult offender is convicted of vehicular homicide, as described in section
18-3-106
, vehicular assault, as described in section
18-3-205
, or felonious arson, as described in part 1 of article
4
of this title;
(V)
The young adult offender is convicted of a felony offense described in section
18-1.3-401
as a class 3 felony, other than the felonies described in section
18-3-402 (1)(d)
and section
18-3-403 (1)(e)
, as it existed prior to July 1, 2000, and has, within the two previous years, been adjudicated a juvenile delinquent for a delinquent act that would constitute a felony if committed by an adult; or
(VI)
The young adult offender is convicted of a felony offense and is determined to have been a "repeat juvenile offender", as described in section
19-2.5-1125
.
(b)
The offenses described in paragraph (a) of this subsection (1) shall include the attempt, conspiracy, or solicitation to commit such offenses.
(2)
(a)
Notwithstanding the circumstances described in subsection (1) of this section, a young adult offender shall be ineligible for sentencing to the youthful offender system if the young adult offender is convicted of any of the following:
(I)
A class 1 or class 2 felony;
(II)
A sexual offense described in section
18-6-301
, section
18-6-302
, or part 4 of article
3
of this title; or
(III)
Any offense, if the young adult offender has received a sentence to the youthful offender system for any prior conviction.
(b)
Notwithstanding subsection (2)(a) of this section, a young adult offender who is charged with first degree murder as described in section
18-3-102 (1)(b)
, as it existed prior to September 15, 2021, or murder in the second degree, as described in section
18-3-103 (1)(b)
, and pleads guilty to a class 2 felony as a result of a plea agreement is eligible for sentencing to the youthful offender system if the young adult offender would be eligible for sentencing to the youthful offender system for a conviction of the felony underlying the charge of first degree murder as described in section
18-3-102 (1)(b)
, as it existed prior to September 15, 2021, or murder in the second degree, as described in section
18-3-103 (1)(b)
.
(3)
As used in this section, unless the context otherwise requires, a "young adult offender" means a person who is at least eighteen years of age but under twenty years of age at the time the crime is committed and under twenty-one years of age at the time of sentencing pursuant to this section.
Amended by 2021 Ch. 136, § 44, eff. 10/1/2021.
Amended by 2021 Ch. 58, § 5, eff. 9/15/2021.
L. 2009: Entire section added, (HB 09 -1122), ch. 278, p. 278, § 1, effective October 1. L. 2013: Entire section RC&RE, (SB 13-216), ch. 617, p. 617, § 1, effective May 10. L. 2021: (2)(b) amended, (SB 21 -124), ch. 238, p. 238, § 5, effective September 15; (1)(a) and (1)(a)(VI) amended, (SB 21-059), ch. 720, p. 720, § 44, effective October 1.
(1) Prior to the recreation and reenactment of this section in 2013, subsection (4) provided for the repeal of this section, effective October 1, 2012. (See L. 2009, p. 278 .)
(2) Section 6(2) of chapter 58 (SB 21-124), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after September 15, 2021.
2021 Ch. 58, was passed without a safety clause. See Colo. Const. art. V, § 1(3).