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 18-1.3-401 - Felonies classified - presumptive penalties

(1)
(a)
(I)
As to any person sentenced for a felony committed after July 1, 1979, and before July 1, 1984, felonies are divided into five classes which are distinguished from one another by the following presumptive ranges of penalties which are authorized upon conviction:
Class
Presumptive Range
1
Life imprisonment or death
2
Eight to twelve years plus one year of parole
3
Four to eight years plus one year of parole
4
Two to four years plus one year of parole
5
One to two years plus one year of parole
(II)
As to any person sentenced for a felony committed on or after July 1, 1984, and before July 1, 1985, felonies are divided into five classes which are distinguished from one another by the following presumptive ranges of penalties which are authorized upon conviction:
Class
Presumptive Range
1
Life imprisonment or death
2
Eight to twelve years
3
Four to eight years
4
Two to four years
5
One to two years
(III)
(A)
As to any person sentenced for a felony committed on or after July 1, 1985, except as otherwise provided in subsection (1)(a)(III)(E) or (1)(a)(III)(F) of this section, in addition to, or in lieu of, any sentence to imprisonment, probation, community corrections, or work release, a fine within the following presumptive ranges may be imposed for the specified classes of felonies:
Class
Minimum Sentence
Maximum Sentence
1
No fine
No fine
2
Five thousand dollars
One million dollars
3
Three thousand dollars
Seven hundred fifty thousand dollars
4
Two thousand dollars
Five hundred thousand dollars
5
One thousand dollars
One hundred thousand dollars
6
One thousand dollars
One hundred thousand dollars
(A.5)
Notwithstanding any provision of law to the contrary, any person who attempts to commit, conspires to commit, or commits against an elderly person any felony set forth in part 4 of article
4
of this title, part 1, 2, 3, or 5 of article
5
of this title, article
5.5
of this title, or section
11-51-603
, C.R.S., shall be required to pay a mandatory and substantial fine within the limits permitted by law. However, all moneys collected from the offender shall be applied in the following order: Costs for crime victim compensation fund pursuant to section
24-4.1-119
, C.R.S.; surcharges for victims and witnesses assistance and law enforcement fund pursuant to section
24-4.2-104
, C.R.S.; restitution; time payment fee; late fees; and any other fines, fees, or surcharges. For purposes of this sub-subparagraph (A.5), an "elderly person" or "elderly victim" means a person sixty years of age or older.
(B)
Failure to pay a fine imposed pursuant to this subparagraph (III) is grounds for revocation of probation or revocation of a sentence to community corrections, assuming the defendant's ability to pay. If such a revocation occurs, the court may impose the maximum sentence allowable in the given sentencing ranges.
(C)
Each judicial district shall have at least one clerk who shall collect and administer the fines imposed under this subparagraph (III) and under section
18-1.3-501
in accordance with the provisions of sub-subparagraph (D) of this subparagraph (III).
(D)
All fines collected pursuant to this subsection (1)(a)(III) shall be deposited in the judicial collection enhancement cash fund created in section
16-11-101.6 (2)
.
(E)
Notwithstanding the provisions of sub-subparagraph (A) of this subparagraph (III), a person who has been twice convicted of a felony under the laws of this state, any other state, or the United States prior to the conviction for which he or she is being sentenced shall not be eligible to receive a fine in lieu of any sentence to imprisonment, community corrections, or work release but shall be sentenced to at least the minimum sentence specified in subparagraph (V) of this paragraph (a) and may receive a fine in addition to said sentence.
(F)
On and after June 6, 2018, if a person is convicted of second degree burglary as described in section
18-4-203 (2)
, in addition to any other sentence, the court may require the person to pay a fine of at least five thousand dollars but not exceeding seven hundred fifty thousand dollars.
(IV)
As to any person sentenced for a felony committed on or after July 1, 1985, but prior to July 1, 1993, felonies are divided into six classes which are distinguished from one another by the following presumptive ranges of penalties which are authorized upon conviction:
Class
Minimum Sentence
Maximum Sentence
1
Life imprisonment
Death
2
Eight years imprisonment
Twenty-four years imprisonment
3
Four years imprisonment
Sixteen years imprisonment
4
Two years imprisonment
Eight years imprisonment
5
One year imprisonment
Four years imprisonment
6
One year imprisonment
Two years imprisonment
(V)
(A)
Except as otherwise provided in section
18-1.3-401.5
for offenses contained in article
18
of this title 18 committed on or after October 1, 2013, as to any person sentenced for a felony committed on or after July 1, 1993, and before July 1, 2018, felonies are divided into six classes that are distinguished from one another by the following presumptive ranges of penalties that are authorized upon conviction:
Class
Minimum Sentence
Maximum Sentence
Mandatory Period of Parole
1
Life imprisonment
Death
None
2
Eight years imprisonment
Twenty-four years imprisonment
Five years
3
Four years imprisonment
Twelve years imprisonment
Five years
4
Two years imprisonment
Six years imprisonment
Three years
5
One year imprisonment
Three years imprisonment
Two years
6
One year imprisonment
Eighteen months imprisonment
One year
(A.1)
Subject to the provisions of subsection (1)(a)(V)(F) of this section, as to any person sentenced for a felony committed on or after July 1, 2018, and prior to July 1, 2020, felonies are divided into six classes that are distinguished from one another by the following presumptive ranges of penalties that are authorized upon conviction:
Class
Minimum Sentence
Maximum Sentence
Mandatory Period of Parole
1
Life imprisonment
Death
None
2
Eight years imprisonment
Twenty-four years imprisonment
Five years if the offense is a crime of violence as described in section
18-1.3-406 (2)
Three years if the offense is not a crime of violence as described in section
18-1.3-406 (2)
3
Four years imprisonment
Twelve years imprisonment
Three years
4
Two years imprisonment
Six years imprisonment
Three years
5
One year imprisonment
Three years imprisonment
Two years
6
One year imprisonment
Eighteen months imprisonment
One year
(B)
Any person who is paroled pursuant to section
17-22.5-403
, or any person who is not paroled and is discharged pursuant to law, shall be subject to the mandatory period of parole established pursuant to subsection (1)(a)(V)(A) or (1)(a)(V)(A.1) of this section. Such mandatory period of parole may not be waived by the offender or waived or suspended by the court and shall be subject to the provisions of section
17-22.5-403 (6)
, which permits the state board of parole to discharge the offender at any time during the term of parole upon a determination that the offender has been sufficiently rehabilitated and reintegrated into society and can no longer benefit from parole supervision.
(C)
Notwithstanding subsection (1)(a)(V)(A) or (1)(a)(V)(A.1) of this section, the mandatory period of parole for a person convicted of a felony offense committed prior to July 1, 1996, pursuant to part 4 of article
3
of this title 18, or part 3 of article
6
of this title 18, shall be five years. Notwithstanding subsection (1)(a)(V)(A) or (1)(a)(V)(A.1) of this section, and except as otherwise provided in subsection (1)(a)(V)(C.5) of this section, the period of parole for a person convicted of a felony offense committed on or after July 1, 1996, but prior to July 1, 2002, pursuant to part 4 of article
3
of this title, or part 3 of article
6
of this title, shall be set by the state board of parole pursuant to section
17-2-201 (5)
(a.5), but in no event shall the term of parole exceed the maximum sentence imposed upon the inmate by the court.
(C.3)
(Deleted by amendment, L. 2002, p. 124, § 1, effective March 26, 2002.)
(C.5)
Notwithstanding the provisions of subsection (1)(a)(V)(A) or (1)(a)(V)(A.1) of this section, any person sentenced for a sex offense, as defined in section
18-1.3-1003 (5)
, committed on or after November 1, 1998, shall be sentenced pursuant to the provisions of part 10 of this article 1.3.
(C.7)
Any person sentenced for a felony committed on or after July 1, 2002, involving unlawful sexual behavior, as defined in section
16-22-102 (9)
, or for a felony, committed on or after July 1, 2002, the underlying factual basis of which involved unlawful sexual behavior, and who is not subject to the provisions of part 10 of this article 1.3, shall be subject to the mandatory period of parole specified in subsection (1)(a)(V)(A) or (1)(a)(V)(A.1) of this section.
(D)
The mandatory period of parole imposed pursuant to subsection (1)(a)(V)(A) or (1)(a)(V)(A.1) of this section shall commence immediately upon the discharge of an offender from imprisonment in the custody of the department of corrections. If the offender has been granted release to parole supervision by the state board of parole, the offender shall be deemed to have discharged the offender's sentence to imprisonment provided for in subsection (1)(a)(V)(A) or (1)(a)(V)(A.1) of this section in the same manner as if such sentence were discharged pursuant to law; except that the sentence to imprisonment for any person sentenced as a sex offender pursuant to part 10 of this article 1.3 shall not be deemed discharged on release of said person on parole. When an offender is released by the state board of parole or released because the offender's sentence was discharged pursuant to law, the mandatory period of parole shall be served by such offender. An offender sentenced for nonviolent felony offenses, as defined in section
17-22.5-405 (5)
, may receive earned time pursuant to section
17-22.5-405
, while serving a mandatory parole period in accordance with this section, but not while such offender is reincarcerated after a revocation of the mandatory period of parole. An offender who is sentenced for a felony committed on or after July 1, 1993, and paroled on or after January 1, 2009, shall be eligible to receive any earned time while on parole or after reparole following a parole revocation. The offender shall not be eligible for earned time while the offender is reincarcerated after revocation of the mandatory period of parole pursuant to this subsection (1)(a)(V).
(E)
If an offender is sentenced consecutively for the commission of two or more felony offenses pursuant to subsection (1)(a)(V)(A) or (1)(a)(V)(A.1) of this section, the mandatory period of parole for such offender shall be the mandatory period of parole established for the highest class felony of which such offender has been convicted.
(F)
Notwithstanding any other provision to the contrary, the maximum sentence for a class 1 felony that is charged after July 1, 2020, is life imprisonment.
(V.5)
(A)
As to any person sentenced for a felony for an offense committed on or after July 1, 2020, felonies are divided into six classes that are distinguished from one another by the following presumptive ranges of penalties that are authorized upon conviction:
Class
Minimum Sentence
Maximum Sentence
Mandatory Period of Parole
1
Life imprisonment
None
2
Eight years imprisonment
Twenty-four years imprisonment
Five years if offense is a crime of violence as described in section
18-1.3-406 (2)
Three years if the offense is not a crime of violence as described in section
18-1.3-406 (2)
3
Four years imprisonment
Twelve years imprisonment
Three years
4
Two years imprisonment
Six years imprisonment
Three years
5
One year imprisonment
Three years imprisonment
Two years
6
One year imprisonment
Eighteen months imprisonment
One year
(B)
Any person who is paroled pursuant to section
17-22.5-403
, or any person who is not paroled and is discharged pursuant to law, shall be subject to the mandatory period of parole established pursuant to subsection (1)(a)(V.5)(A) of this section. Such mandatory period of parole may not be waived by the offender or waived or suspended by the court and shall be subject to the provisions of section
17-22.5-403 (8)
, which permits the state board of parole to discharge the offender at any time during the term of parole upon a determination that the offender has been sufficiently rehabilitated and reintegrated into society and can no longer benefit from parole supervision.
(C)
Notwithstanding the provisions of subsection (1)(a)(V.5)(A) of this section, any person sentenced for a sex offense, as defined in section
18-1.3-1003 (5)
, committed on or after July 1, 2020, shall be sentenced pursuant to the provisions of part 10 of this article 1.3.
(D)
Any person sentenced for a felony conviction entered on or after July 1, 2020, involving unlawful sexual behavior, as defined in section
16-22-102 (9)
, or for a felony committed on or after July 1, 2020, the underlying factual basis of which involved unlawful sexual behavior, and who is not subject to the provisions of part 10 of this article 1.3, shall be subject to the mandatory period of parole specified in subsection (1)(a)(V.5)(A) of this section.
(E)
The mandatory period of parole imposed pursuant to subsection (1)(a)(V.5)(A) of this section shall commence immediately upon the discharge of an offender from imprisonment in the custody of the department of corrections. If the offender has been granted release to parole supervision by the state board of parole, the offender shall be deemed to have discharged the offender's sentence to imprisonment provided for in subsection (1)(a)(V.5)(A) of this section in the same manner as if such sentence were discharged pursuant to law; except that the sentence to imprisonment for any person sentenced as a sex offender pursuant to part 10 of this article 1.3 shall not be deemed discharged on release of said person on parole. When an offender is released by the state board of parole or released because the offender's sentence was discharged pursuant to law, the mandatory period of parole shall be served by such offender. An offender sentenced for a nonviolent felony offense, as defined in section
17-22.5-405 (5)
, may receive earned time pursuant to section
17-22.5-405
while serving a mandatory parole period in accordance with this section, but not while such offender is reincarcerated after a revocation of the mandatory period of parole. An offender shall be eligible to receive earned time while on parole or after reparole following a parole revocation. The offender shall not be eligible for earned time while the offender is reincarcerated after revocation of the mandatory period of parole pursuant to this subsection (1)(a)(V.5).
(F)
If an offender is sentenced consecutively for the commission of two or more felony offenses pursuant to subsection (1)(a)(V.5)(A) of this section, the mandatory period of parole for such offender shall be the mandatory period of parole established for the highest class felony of which such offender has been convicted.
(VI)
Any person sentenced for a class 2, 3, 4, or 5 felony, or a class 6 felony that is the offender's second or subsequent felony offense, committed on or after July 1, 1998, regardless of the length of the person's sentence to incarceration and the mandatory period of parole, shall not be deemed to have fully discharged his or her sentence until said person has either completed or been discharged by the state board of parole from the mandatory period of parole imposed pursuant to subparagraph (V) of this paragraph (a).
(b)
(I)
Except as provided in subsection (6) and subsection (8) of this section and in section
18-1.3-804
, a person who has been convicted of a class 2, class 3, class 4, class 5, or class 6 felony shall be punished by the imposition of a definite sentence which is within the presumptive ranges set forth in paragraph (a) of this subsection (1). In imposing the sentence within the presumptive range, the court shall consider the nature and elements of the offense, the character and record of the offender, and all aggravating or mitigating circumstances surrounding the offense and the offender. The prediction of the potential for future criminality by a particular defendant, unless based on prior criminal conduct, shall not be considered in determining the length of sentence to be imposed.
(II)
As to any person sentenced for a felony committed on or after July 1, 1985, a person may be sentenced to imprisonment as described in subparagraph (I) of this paragraph (b) or to pay a fine that is within the presumptive ranges set forth in subparagraph (III) of paragraph (a) of this subsection (1) or to both such fine and imprisonment; except that any person who has been twice convicted of a felony under the laws of this state, any other state, or the United States prior to the conviction for which he or she is being sentenced shall not be eligible to receive a fine in lieu of any sentence to imprisonment as described in subparagraph (I) of this paragraph (b) but shall be sentenced to at least the minimum sentence specified in subparagraph (V) of paragraph (a) of this subsection (1) and may receive a fine in addition to said sentence.
(II.5)
Notwithstanding anything in this section to the contrary, any person sentenced for a sex offense, as defined in section
18-1.3-1003 (5)
, committed on or after November 1, 1998, may be sentenced to pay a fine in addition to, but not instead of, a sentence for imprisonment or probation pursuant to section
18-1.3-1004
.
(III)
Notwithstanding anything in this section to the contrary, as to any person sentenced for a crime of violence, as defined in section
18-1.3-406
, committed on or after July 1, 1985, a person may be sentenced to pay a fine in addition to, but not instead of, a sentence for imprisonment.
(IV)
If a person is convicted of assault in the first degree pursuant to section
18-3-202
or assault in the second degree pursuant to section
18-3-203 (1)
(c.5), and the victim is a peace officer, firefighter, or emergency medical service provider engaged in the performance of his or her duties, as defined in section
18-1.3-501
(1.5)(b), notwithstanding the provisions of subparagraph (III) of paragraph (a) of this subsection (1) and subparagraph (II) of this paragraph (b), the court shall sentence the person to the department of corrections. In addition to a term of imprisonment, the court may impose a fine on the person pursuant to subparagraph (III) of paragraph (a) of this subsection (1).
(c)
Except as otherwise provided by statute, felonies are punishable by imprisonment in any correctional facility under the supervision of the executive director of the department of corrections. Nothing in this section shall limit the authority granted in part 8 of this article to increase sentences for habitual criminals. Nothing in this section shall limit the authority granted in parts 9 and 10 of this article to sentence sex offenders to the department of corrections or to sentence sex offenders to probation for an indeterminate term. Nothing in this section shall limit the authority granted in section
18-1.3-804
for increased sentences for habitual burglary offenders.
(2)
(a)
A corporation which has been found guilty of a class 2 or class 3 felony shall be subject to imposition of a fine of not less than five thousand dollars nor more than fifty thousand dollars. A corporation which has been found guilty of a class 4, class 5, or class 6 felony shall be subject to imposition of a fine of not less than one thousand dollars nor more than thirty thousand dollars.
(b)
A corporation which has been found guilty of a class 2, class 3, class 4, class 5, or class 6 felony, for an act committed on or after July 1, 1985, shall be subject to imposition of a fine which is within the presumptive ranges set forth in subparagraph (III) of paragraph (a) of subsection (1) of this section.
(3)
Every person convicted of a felony, whether defined as such within or outside this code, shall be disqualified from holding any office of honor, trust, or profit under the laws of this state or from practicing as an attorney in any of the courts of this state during the actual time of confinement or commitment to imprisonment or release from actual confinement on conditions of probation. Upon his or her discharge after completion of service of his or her sentence or after service under probation, the right to hold any office of honor, trust, or profit shall be restored, except as provided in section 4 of article XII of the state constitution.
(4)
(a)
(I)
A person who has been convicted of a class 1 felony shall be punished by life imprisonment in the department of corrections unless the offense was charged prior to July 1, 2020, and a proceeding held to determine sentence according to the procedure set forth in section
18-1.3-1201
,
18-1.3-1302
, or
18-1.4-102
results in a verdict that requires imposition of the death penalty, in which event such person shall be sentenced to death.
(II)
A person who has been convicted of a class 1 felony shall be punished by life imprisonment in the department of corrections if the offense was committed during a period of time when Colorado's death penalty was unconstitutional.
(III)
As to any person sentenced for a class 1 felony, for an act committed on or after July 1, 1985, and before July 1, 1990, life imprisonment shall mean imprisonment without the possibility of parole for forty calendar years. As to any person sentenced for a class 1 felony, for an act committed on or after July 1, 1990, life imprisonment shall mean imprisonment without the possibility of parole.
(b)
(I)
Notwithstanding subsection (1)(a)(V)(A) of this section and notwithstanding subsection (4)(a) of this section, as to a person who is 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
, the district court judge shall sentence the person to a term of life imprisonment with the possibility of parole after serving a period of forty years, less any earned time granted pursuant to section
17-22.5-405
. Regardless of whether the state board of parole releases the person on parole, the person shall remain in the legal custody of the department of corrections for the remainder of the person's life and shall not be discharged.
(II)
The provisions of this paragraph (b) shall apply to persons sentenced for offenses committed on or after July 1, 2006.
(c)
(I)
Notwithstanding subsections (1)(a)(V)(A), (4)(a), and (4)(b) of this section, as to a person who is convicted as an adult of a class 1 felony following a 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, which felony was committed on or after July 1, 1990, and before July 1, 2006, and who received a sentence to life imprisonment without the possibility of parole:
(A)
If the felony for which the person was convicted is murder in the first degree, as described in section
18-3-102 (1)(b)
, as it existed prior to September 15, 2021, then the district court, after holding a hearing, may sentence the person to a determinate sentence within the range of thirty to fifty years in prison, less any earned time granted pursuant to section
17-22.5-405
, if, after considering the factors described in subsection (4)(c)(II) of this section, the district court finds extraordinary mitigating circumstances. Alternatively, the court may sentence the person to a term of life imprisonment with the possibility of parole after serving forty years, less any earned time granted pursuant to section
17-22.5-405
.
(B)
If the felony for which the person was convicted is not murder in the first degree, as described in section
18-3-102 (1)(b)
, as it existed prior to September 15, 2021, then the district court shall sentence the person to a term of life imprisonment with the possibility of parole after serving forty years, less any earned time granted pursuant to section
17-22.5-405
.
(II)
In determining whether extraordinary mitigating circumstances exist, the court shall conduct a sentencing hearing, make factual findings to support its decision, and consider relevant evidence presented by either party regarding the following factors:
(A)
The diminished culpability and heightened capacity for change associated with youth;
(B)
The offender's developmental maturity and chronological age at the time of the offense and the hallmark features of such age, including but not limited to immaturity, impetuosity, and inability to appreciate risks and consequences;
(C)
The offender's capacity for change and potential for rehabilitation, including any evidence of the offender's efforts toward, or amenability to, rehabilitation;
(D)
The impact of the offense upon any victim or victim's immediate family; and
(E)
Any other factors that the court deems relevant to its decision, so long as the court identifies such factors on the record.
(III)
If a person is sentenced to a determinate range of thirty to fifty years in prison pursuant to this paragraph (c), the court shall impose a mandatory period of ten years parole.
(IV)
If a person is sentenced to a term of life imprisonment with the possibility of parole after serving forty years, less any earned time granted pursuant to section
17-22.5-405
, C.R.S., regardless of whether the state board of parole releases the person on parole, the person shall remain in the legal custody of the department of corrections for the remainder of his or her life and shall not be discharged.
(5)
In the event the death penalty as provided for in this section is held to be unconstitutional by the Colorado supreme court or the United States supreme court, a person convicted of a crime punishable by death under the laws of this state shall be punished by life imprisonment. In such circumstance, the court which previously sentenced a person to death shall cause such person to be brought before the court, and the court shall sentence such person to life imprisonment.
(6)
In imposing a sentence to incarceration, the court shall impose a definite sentence which is within the presumptive ranges set forth in subsection (1) of this section unless it concludes that extraordinary mitigating or aggravating circumstances are present, are based on evidence in the record of the sentencing hearing and the presentence report, and support a different sentence which better serves the purposes of this code with respect to sentencing, as set forth in section
18-1-102.5
. If the court finds such extraordinary mitigating or aggravating circumstances, it may impose a sentence which is lesser or greater than the presumptive range; except that in no case shall the term of sentence be greater than twice the maximum nor less than one-half the minimum term authorized in the presumptive range for the punishment of the offense.
(7)
In all cases, except as provided in subsection (8) of this section, in which a sentence which is not within the presumptive range is imposed, the court shall make specific findings on the record of the case, detailing the specific extraordinary circumstances which constitute the reasons for varying from the presumptive sentence.
(8)
(a)
The presence of any one or more of the following extraordinary aggravating circumstances shall require the court, if it sentences the defendant to incarceration, to sentence the defendant to a term of at least the midpoint in the presumptive range but not more than twice the maximum term authorized in the presumptive range for the punishment of a felony:
(I)
The defendant is convicted of a crime of violence under section
18-1.3-406
;
(II)
The defendant was on parole for another felony at the time of commission of the felony;
(III)
The defendant was on probation or was on bond while awaiting sentencing following revocation of probation for another felony at the time of the commission of the felony;
(IV)
The defendant was under confinement, in prison, or in any correctional institution as a convicted felon, or an escapee from any correctional institution for another felony at the time of the commission of a felony;
(V)
At the time of the commission of the felony, the defendant was on appeal bond following his or her conviction for a previous felony;
(VI)
At the time of the commission of a felony, the defendant was on probation for or on bond while awaiting sentencing following revocation of probation for a delinquent act that would have constituted a felony if committed by an adult.
(b)
In any case in which one or more of the extraordinary aggravating circumstances provided for in paragraph (a) of this subsection (8) exist, the provisions of subsection (7) of this section shall not apply.
(c)
Nothing in this subsection (8) shall preclude the court from considering aggravating circumstances other than those stated in paragraph (a) of this subsection (8) as the basis for sentencing the defendant to a term greater than the presumptive range for the felony.
(d)
(I)
If the defendant is convicted of the class 2 or the class 3 felony of child abuse under section
18-6-401 (7)(a)(I) or (7)(a)(III)
, the court shall be required to sentence the defendant to the department of corrections for a term of at least the midpoint in the presumptive range but not more than twice the maximum term authorized in the presumptive range for the punishment of that class felony.
(II)
In no case shall any defendant sentenced pursuant to subparagraph (I) of this paragraph (d) be eligible for suspension of sentence or for probation or deferred prosecution.
(e)
(I)
If the defendant is convicted of the class 2 felony of sexual assault in the first degree under section
18-3-402 (3)
, commission of which offense occurs prior to November 1, 1998, the court shall be required to sentence the defendant to a term of at least the midpoint in the presumptive range but not more than twice the maximum term authorized in the presumptive range for the punishment of that class of felony.
(II)
In no case shall any defendant sentenced pursuant to subparagraph (I) of this paragraph (e) be eligible for suspension of sentence or probation.
(III)
As a condition of parole under section
17-2-201 (5)(e)
, C.R.S., a defendant sentenced pursuant to this paragraph (e) shall be required to participate in a program of mental health counseling or receive appropriate treatment to the extent that the state board of parole deems appropriate to effectuate the successful reintegration of the defendant into the community while recognizing the need for public safety.
(e.5)
If the defendant is convicted of the class 2 felony of sexual assault under section
18-3-402 (5)
or the class 2 felony of sexual assault in the first degree under section
18-3-402 (3)
as it existed prior to July 1, 2000, commission of which offense occurs on or after November 1, 1998, the court shall be required to sentence the defendant to the department of corrections for an indeterminate sentence of at least the midpoint in the presumptive range for the punishment of that class of felony up to the defendant's natural life.
(f)
The court may consider aggravating circumstances such as serious bodily injury caused to the victim or the use of a weapon in the commission of a crime, notwithstanding the fact that such factors constitute elements of the offense.
(g)
If the defendant is convicted of class 4 or class 3 felony vehicular homicide under section
18-3-106 (1)(a) or (1)(b)
, and while committing vehicular homicide the defendant was in immediate flight from the commission of another felony, the court shall be required to sentence the defendant to the department of corrections for a term of at least the midpoint in the presumptive range but not more than twice the maximum term authorized in the presumptive range for the punishment of the class of felony vehicular homicide of which the defendant is convicted.
(9)
The presence of any one or more of the following sentence-enhancing circumstances shall require the court, if it sentences the defendant to incarceration, to sentence the defendant to a term of at least the minimum in the presumptive range but not more than twice the maximum term authorized in the presumptive range for the punishment of a felony:
(a)
At the time of the commission of the felony, the defendant was charged with or was on bond for a felony in a previous case and the defendant was convicted of any felony in the previous case;
(a.5)
At the time of the commission of the felony, the defendant was charged with or was on bond for a delinquent act that would have constituted a felony if committed by an adult;
(b)
At the time of the commission of the felony, the defendant was on bond for having pled guilty to a lesser offense when the original offense charged was a felony;
(c)
The defendant was under a deferred judgment and sentence for another felony at the time of the commission of the felony;
(c.5)
At the time of the commission of the felony, the defendant was on bond in a juvenile prosecution under title
19
, C.R.S., for having pled guilty to a lesser delinquent act when the original delinquent act charged would have constituted a felony if committed by an adult;
(c.7)
At the time of the commission of the felony, the defendant was under a deferred judgment and sentence for a delinquent act that would have constituted a felony if committed by an adult;
(d)
At the time of the commission of the felony, the defendant was on parole for having been adjudicated a delinquent child for an offense which would constitute a felony if committed by an adult.
(10)
(a)
The general assembly hereby finds that certain crimes that are listed in subsection (10)(b) of this section present an extraordinary risk of harm to society and therefore, in the interest of public safety, for such crimes that constitute class 3 felonies, the maximum sentence in the presumptive range is increased by four years; for such crimes that constitute class 4 felonies, the maximum sentence in the presumptive range is increased by two years; for such crimes that constitute class 5 felonies, the maximum sentence in the presumptive range is increased by one year; for such crimes that constitute class 6 felonies, the maximum sentence in the presumptive range is increased by six months.
(b)
Crimes that present an extraordinary risk of harm to society include the following:
(I) to (VIII)
Repealed.
(IX)
Aggravated robbery, as defined in section
18-4-302
;
(X)
Child abuse, as defined in section
18-6-401
;
(XI)
Unlawful distribution, manufacturing, dispensing, sale, or possession of a controlled substance with the intent to sell, distribute, manufacture, or dispense, as defined in section
18-18-405
;
(XII)
Any crime of violence, as defined in section
18-1.3-406
;
(XIII)
Stalking, as described in section
18-9-111 (4)
, as it existed prior to August 11, 2010, or section
18-3-602
;
(XIV)
Sale or distribution of materials to manufacture controlled substances, as described in section
18-18-412.7
;
(XV)
Felony invasion of privacy for sexual gratification, as described in section
18-3-405.6
;
(XVI)
A class 3 felony offense of human trafficking for involuntary servitude, as described in section
18-3-503
;
(XVII)
A class 3 felony offense of human trafficking for sexual servitude, as described in section
18-3-504
;
(XVIII)
Assault in the second degree, as described in section
18-3-203 (1)(i)
; and
(XIX)
Sexual exploitation of a child, as described in section
18-6-403
(5.5).
(c)
Repealed.
(11)
When it shall appear to the satisfaction of the court that the ends of justice and the best interest of the public, as well as the defendant, will be best served thereby, the court shall have the power to suspend the imposition or execution of sentence for such period and upon such terms and conditions as it may deem best; except that in no instance shall the court have the power to suspend a sentence to a term of incarceration when the defendant is sentenced pursuant to a sentencing provision that requires incarceration or imprisonment in the department of corrections, community corrections, or jail. In no instance shall a sentence be suspended if the defendant is ineligible for probation pursuant to section
18-1.3-201
, except upon an express waiver being made by the sentencing court regarding a particular defendant upon recommendation of the district attorney and approval of such recommendation by an order of the sentencing court pursuant to section
18-1.3-201 (4)
.
(12)
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.
(13)
(a)
The court, if it sentences a defendant who is convicted of any one or more of the offenses specified in paragraph (b) of this subsection (13) to incarceration, shall sentence the defendant to a term of at least the midpoint, but not more than twice the maximum, of the presumptive range authorized for the punishment of the offense of which the defendant is convicted if the court makes the following findings on the record:
(I)
The victim of the offense was pregnant at the time of commission of the offense; and
(II)
The defendant knew or reasonably should have known that the victim of the offense was pregnant.
(III)
(Deleted by amendment, L. 2003, p. 2163, § 3, effective July 1, 2003.)
(b)
The provisions of this subsection (13) shall apply to the following offenses:
(I)
Murder in the second degree, as described in section
18-3-103
;
(II)
Manslaughter, as described in section
18-3-104
;
(III)
Criminally negligent homicide, as described in section
18-3-105
;
(IV)
Vehicular homicide, as described in section
18-3-106
;
(V)
Assault in the first degree, as described in section
18-3-202
;
(VI)
Assault in the second degree, as described in section
18-3-203
;
(VII)
Vehicular assault, as described in section
18-3-205
.
(c)
Notwithstanding any provision of this subsection (13) to the contrary, for any of the offenses specified in paragraph (b) of this subsection (13) that constitute crimes of violence, the court shall sentence the defendant in accordance with the provisions of section
18-1.3-406
.
(14)
The court may sentence a defendant to the youthful offender system created in section
18-1.3-407
if the defendant is an eligible young adult offender pursuant to section
18-1.3-407.5
.
Amended by 2022 Ch. 132, § 1, eff. 4/25/2022.
Amended by 2021 Ch. 462, § 185, eff. 3/1/2022.
Amended by 2021 Ch. 136, § 42, eff. 10/1/2021.
Amended by 2021 Ch. 58, § 4, eff. 9/15/2021.
Amended by 2021 Ch. 446, § 4, eff. 9/7/2021.
Amended by 2020 Ch. 61, § 10, eff. 3/23/2020.
Amended by 2018 Ch. 376, § 2, eff. 6/6/2018.
Amended by 2018 Ch. 153, § 1, eff. 4/23/2018.
Amended by 2016 Ch. 327, § 3, eff. 7/1/2016.
Amended by 2016 Ch. 353, § 1, eff. 6/10/2016.
Amended by 2015 Ch. 211, § 2, eff. 9/1/2015.
Amended by 2015 Ch. 37, § 7, eff. 3/20/2015.
Amended by 2014 Ch. 336, § 1, eff. 8/6/2014.
Amended by 2014 Ch. 391, § 10, eff. 6/6/2014.
Amended by 2014 Ch. 282, § 15, eff. 7/1/2014.
L. 2002: Entire article added with relocations, p. 1392, § 2, effective October 1. L. 2002, 3rd Ex. Sess.: (4) amended, p. 15, § 8, effective October 1. L. 2003: (1)(b)(IV), (4), (8)(d)(I), (8)(e.5), (8)(g), (10)(c), and (11) amended, pp. 1425, 1435, 1429, §§ 4, 32, 13, effective April 29; (1)(a)(VI) amended, p. 2679, § 5, effective July 1; (8)(a)(VI), (9)(a.5), (9)(c.5), and (9)(c.7) amended, p. 1431, § 18, effective July 1; (13)(a)(II) and (13)(a)(III) amended, p. 2163, § 3, effective July 1; (10)(b)(XII) and (10)(b)(XIII) amended and (10)(b)(XIV) added, p. 2387, § 3, effective 7/1/2004. L. 2004: (10)(b)(I) to (10)(b)(VIII) and (10)(c) repealed, p. 633, § 1, effective August 4. L. 2006: (4) amended, p. 1052, § 2, effective May 25. L. 2008: (1)(a)(V)(D) amended, p. 1757, § 6, effective July 1; (1)(a)(III)(A.5) amended, p. 1889, § 54, effective August 5. L. 2009: (14) added, (HB 09 -1122), ch. 280, p. 280, § 4, effective October 1. L. 2010: (10)(b)(XIII) amended, (HB 10 -1233), ch. 296, p. 296, § 5, effective August 11; (10)(b)(XIII) and (10)(b)(XIV) amended and (10)(b)(XV) added, (SB 10-128), ch. 2046, p. 2046, § 5, effective 7/1/2012. L. 2014: IP(1)(a)(V)(A) amended, (SB 14-163), ch. 1972, p. 1972, § 10, effective June 6; (10)(b)(XIV) amended and (10)(b)(XVI) and (10)(b)(XVII) added, (HB 14-1273), ch. 1154, p. 1154, § 15, effective July 1; (1)(b)(IV) amended, (HB 14-1214), ch. 1494, p. 1494, § 1, effective August 6. L. 2015: (1)(a)(V)(B) amended, (HB 15 -1122), ch. 92, p. 92, § 7, effective March 20; (1)(b)(IV) amended, (HB 15-1303), ch. 772, p. 772, § 2, effective September 1. L. 2016: (4)(b)(I) amended and (4)(c) added, (SB 16-181), ch. 1447, p. 1447, § 1, effective June 10; (10)(b)(XVI) and (10)(b)(XVII) amended and (10)(b)(XVIII) added, (HB 16-1080), ch. 1328, p. 1328, § 3, effective July 1. L. 2018: (1)(a)(V) amended, (HB 18-1029), ch. 1084, p. 1084, § 1, effective April 23; (1)(a)(III)(A) amended and (1)(a)(III)(F) added, (HB 18-1077), ch. 2280, p. 2280, § 2, effective June 6. L. 2020: (1)(a)(V)(A.1) and (4)(a) amended and (1)(a)(V)(F) and (1)(a)(V.5) added, (SB 20 -100), ch. 209, p. 209, § 10, effective March 23. L. 2021: (10)(a), IP(10)(b), (10)(b)(XVII), (10)(b)(XVIII) amended and (10)(b)(XIX) added (HB 21-1069), ch. 2942, p. 2942, § 4, effective September 7; (4)(c)(I) amended, (SB 21-124), ch. 58, p. 237, § 4, effective September 15; (4)(b)(I) and IP(4)(c)(I) amended, (SB 21-059), ch. 719, p. 719, § 42, effective October 1; (1)(a)(III)(F) amended, (SB 21-271), ch. 3170, p. 3170, § 185, effective 3/1/2022.
(1) This section is similar to former § 18-1-105 as it existed prior to 2002.
(2) This section was amended in 2002 prior to its relocation on October 1, 2002. For that history, see the source note to §
18-1-105
.
(3) Amendments to subsection (10)(b)(XIII) by House Bill 10-1233 and Senate Bill 10-128 were harmonized, effective July 1, 2012.
(4) Amendments to subsection (4)(c)(I) by SB 21-059 and SB 21-124 were harmonized.
(5) Section 9(2) of chapter 446 (HB 21-1069), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after September 7, 2021.
(6) 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.
(7) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
(1) For the legislative declaration contained in the 2002 act amending subsection (4), see section 16 of chapter 1 of the supplement to the Session Laws of Colorado 2002, Third Extraordinary Session. For the legislative declaration contained in the 2003 act amending subsections (10)(b)(XII) and (10)(b)(XIII) and enacting subsection (10)(b)(XIV), see section 1 of chapter 360, Session Laws of Colorado 2003. For the legislative declaration contained in the 2003 act amending subsections (13)(a)(II) and (13)(a)(III), see section 1 of chapter 340, Session Laws of Colorado 2003. For the legislative declaration contained in the 2006 act amending subsection (4), see section 1 of chapter 228, Session Laws of Colorado 2006. For the legislative declaration in HB 15-1122, see section 1 of chapter 37, Session Laws of Colorado 2015. (2) For the legislative declaration in HB 21-1069 stating the purpose of, and the provision directing legislative staff agencies to conduct, a post-enactment review pursuant to § 2-2-1201 scheduled in 2024, see sections 1 and 7 of chapter 446, Session Laws of Colorado 2021. To obtain a copy of the review, once completed, go to "Legislative Resources and Requirements" on the Colorado General Assembly's website.