reglab/statecodes huggingface dataset:
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 8 - SPECIAL PROCEEDINGS - SENTENCING OF HABITUAL CRIMINALS (§§ 18-1.3-801 — 18-1.3-804) › Section 18-1.3-802 - Evidence of former convictions - identity

On any trial under the provisions of this section and sections
18-1.3-801
and
18-1.3-803
, a duly authenticated copy of the record of former convictions and judgments of any court of record for any of said crimes against the party indicted or informed against shall be prima facie evidence of such convictions and may be used in evidence against such party. Identification photographs and fingerprints that are part of the record of such former convictions and judgments, or are part of the records kept at the place of such party's incarceration or by any custodian authorized by the executive director of the department of corrections after sentencing for any of such former convictions and judgments, shall be prima facie evidence of the identity of such party and may be used in evidence against him or her.
L. 2002: Entire article added with relocations, p. 1428, § 2, effective October 1.
This section is similar to former § 16-13-102 as it existed prior to 2002.
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 8 - SPECIAL PROCEEDINGS - SENTENCING OF HABITUAL CRIMINALS (§§ 18-1.3-801 — 18-1.3-804) › Section 18-1.3-804 - Habitual burglary offenders - punishment - legislative declaration

(1)
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)
.
(2)
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
.
(3)
Such former conviction or convictions and judgment or judgments shall be set forth in apt words in the indictment or information.
(4)
In no case shall any person who is subject to the provisions of this section be eligible for suspension of sentence or probation.
(5)
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.
(6)
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.
L. 2002: Entire article added with relocations, p. 1430, § 2, effective October 1. L. 2003: (1) amended, p. 1427, § 6, effective April 29.
This section is similar to former § 18-4-202.1 as it existed prior to 2002.
For limitations on collateral attacks of prior convictions, see § 16-5-402.
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 9 - SENTENCING OF SEX OFFENDERS (§§ 18-1.3-901 — 18-1.3-916) › Section 18-1.3-901 - Short title

This part 9 shall be known and may be cited as the "Colorado Sex Offenders Act of 1968".
L. 2002: Entire article added with relocations, p. 1430, § 2, effective October 1.
This section is similar to former § 16-13-201 as it existed prior to 2002.
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 9 - SENTENCING OF SEX OFFENDERS (§§ 18-1.3-901 — 18-1.3-916) › Section 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.
L. 2002: Entire article added with relocations, p. 1431, § 2, effective October 1.
This section is similar to former § 16-13-201.5 as it existed prior to 2002.
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 9 - SENTENCING OF SEX OFFENDERS (§§ 18-1.3-901 — 18-1.3-916) › Section 18-1.3-903 - Definitions

As used in this part 9, unless the context otherwise requires:
(1)
"Board" means the state board of parole.
(2)
"Conviction" means conviction after trial by court or jury or acceptance of a plea of guilty.
(3)
"Department" means the department of corrections.
(4)
"Sex offender" means a person convicted of a sex offense.
(5)
"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).
L. 2002: Entire article added with relocations, p. 1431, § 2, effective October 1. L. 2008: (5) amended, p. 1890, § 56, effective August 5.
This section is similar to former § 16-13-202 as it existed prior to 2002.
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 9 - SENTENCING OF SEX OFFENDERS (§§ 18-1.3-901 — 18-1.3-916) › Section 18-1.3-904 - Indeterminate commitment

The district court having jurisdiction may, subject to the requirements of this part 9, in lieu of the sentence otherwise provided by law, commit a sex offender to the custody of the department for an indeterminate term having a minimum of one day and a maximum of his or her natural life.
L. 2002: Entire article added with relocations, p. 1431, § 2, effective October 1.
This section is similar to former § 16-13-203 as it existed prior to 2002.
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 9 - SENTENCING OF SEX OFFENDERS (§§ 18-1.3-901 — 18-1.3-916) › Section 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
.
L. 2002: Entire article added with relocations, p. 1431, § 2, effective October 1.
This section is similar to former § 16-13-204 as it existed prior to 2002.
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 9 - SENTENCING OF SEX OFFENDERS (§§ 18-1.3-901 — 18-1.3-916) › Section 18-1.3-906 - Commencement of proceedings

Within twenty-one days after the conviction of a sex offense, upon the motion of the district attorney, the defendant, or the court, the court shall commence proceedings under this part 9 by ordering the district attorney to prepare a notice of the commencement of proceedings and to serve that notice upon the defendant personally.
L. 2002: Entire article added with relocations, p. 1431, § 2, effective October 1. L. 2012: Entire section amended, (SB 12-175), ch. 208, p. 867, § 113, effective July 1.
This section is similar to former § 16-13-205 as it existed prior to 2002.
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 9 - SENTENCING OF SEX OFFENDERS (§§ 18-1.3-901 — 18-1.3-916) › Section 18-1.3-907 - Defendant to be advised of rights

(1)
Upon the commencement of proceedings, the court shall advise the defendant, orally and in writing, that:
(a)
The defendant is to be examined in accordance with the provisions of section
18-1.3-908
;
(b)
The defendant has a right to counsel, and, if the defendant is indigent, counsel will be appointed to represent him or her;
(c)
The defendant has a right to remain silent;
(d)
An evidentiary hearing will be held pursuant to section
18-1.3-911
, and the defendant and his or her counsel will be furnished with copies of all reports prepared for the court pursuant to sections
18-1.3-908
and
18-1.3-909
at least fourteen days prior to the evidentiary hearing.
(2)
The written advisement of rights may be incorporated into the notice of commencement of proceedings.
L. 2002: Entire article added with relocations, p. 1431, § 2, effective October 1. L. 2012: (1)(d) amended, (SB 12-175), ch. 208, p. 867, § 114, effective July 1.
This section is similar to former § 16-13-206 as it existed prior to 2002.
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 9 - SENTENCING OF SEX OFFENDERS (§§ 18-1.3-901 — 18-1.3-916) › Section 18-1.3-908 - Psychiatric examination and report

(1)
(a)
After advising the defendant of his or her rights, the court shall forthwith commit the defendant to the Colorado mental health institute at Pueblo, the university of Colorado psychiatric hospital, or the county jail.
(b)
If committed to the Colorado mental health institute at Pueblo or the university of Colorado psychiatric hospital, the defendant shall be examined by two psychiatrists of the receiving institution.
(c)
If committed to the county jail, the defendant shall be examined by two psychiatrists appointed by the court.
(2)
(a)
The examining psychiatrists shall make independent written reports to the court which shall contain the opinion of the psychiatrist as to whether the defendant, if at large, constitutes a threat of bodily harm to members of the public.
(b)
The written reports shall also contain opinions concerning:
(I)
Whether the defendant is mentally deficient;
(II)
Whether the defendant could benefit from psychiatric treatment; and
(III)
Whether the defendant could be adequately supervised on probation.
(3)
The examinations shall be made and the reports filed with the court and the probation department within sixty-three days after the commencement of proceedings, and this time may not be enlarged by the court.
L. 2002: Entire article added with relocations, p. 1432, § 2, effective October 1. L. 2012: (3) amended, (SB 12-175), ch. 208, p. 867, § 115, effective July 1.
This section is similar to former § 16-13-207 as it existed prior to 2002.
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 9 - SENTENCING OF SEX OFFENDERS (§§ 18-1.3-901 — 18-1.3-916) › Section 18-1.3-909 - Report of probation department

(1)
Upon the commencement of proceedings under this part 9, the court shall order an investigation and report to be made by the probation officer similar to the presentence report provided for in section
16-11-102
, C.R.S.
(2)
The report shall be filed with the court within seventy-seven days after the commencement of proceedings, and this time may not be enlarged by the court.
L. 2002: Entire article added with relocations, p. 1432, § 2, effective October 1. L. 2012: (2) amended, SB 12-175), ch. 208, p. 867, § 116, effective July 1.
This section is similar to former § 16-13-208 as it existed prior to 2002.
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 9 - SENTENCING OF SEX OFFENDERS (§§ 18-1.3-901 — 18-1.3-916) › Section 18-1.3-910 - Termination of proceedings

After reviewing the reports of the psychiatrists and the probation officer, the court may terminate proceedings under this part 9 and proceed with sentencing as otherwise provided by law.
L. 2002: Entire article added with relocations, p. 1432, § 2, effective October 1.
This section is similar to former § 16-13-209 as it existed prior to 2002.
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 9 - SENTENCING OF SEX OFFENDERS (§§ 18-1.3-901 — 18-1.3-916) › Section 18-1.3-911 - Evidentiary hearing

(1)
(a)
The court shall set a hearing date at least fourteen days and no more than twenty-eight days after service upon the defendant and his or her counsel of the reports required by sections
18-1.3-908
and
18-1.3-909
.
(b)
The court may, in its discretion, upon the motion of the defendant, continue the hearing an additional twenty-one days.
(2)
(a)
The court shall, upon motion of the district attorney or the defendant, subpoena all witnesses required by the moving party in accordance with the Colorado rules of criminal procedure.
(b)
The district attorney shall serve upon the defendant and his or her counsel a list of all witnesses to be called by the district attorney at least fourteen days before the evidentiary hearing.
(3)
In the evidentiary hearing, the court shall receive evidence bearing on the issue of whether the defendant, if at large, constitutes a threat of bodily harm to members of the public.
(4)
In the evidentiary hearing, the following procedure shall govern:
(a)
The district attorney may call and examine witnesses, and the defendant shall be allowed to cross-examine those witnesses.
(b)
The defendant may call and examine witnesses, and the district attorney shall be allowed to cross-examine those witnesses.
(c)
The defendant may call and cross-examine as adverse witnesses the psychiatrists and probation officers who have filed reports pursuant to sections
18-1.3-908
and
18-1.3-909
.
(5)
The reports of the psychiatrists and probation officers filed with the court pursuant to sections
18-1.3-908
and
18-1.3-909
may be received into evidence.
(6)
Except as otherwise provided in this section, the laws of this state concerning evidence in criminal trials shall govern in the evidentiary hearing.
L. 2002: Entire article added with relocations, p. 1433, § 2, effective October 1. L. 2012: (1) and (2)(b) amended, (SB 12-175), ch. 208, p. 867, § 117, effective July 1.
This section is similar to former § 16-13-210 as it existed prior to 2002.
For subpoenas to compel attendance of witnesses, see Crim. P. 17.
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 9 - SENTENCING OF SEX OFFENDERS (§§ 18-1.3-901 — 18-1.3-916) › Section 18-1.3-912 - Findings of fact and conclusions of law

(1)
After the evidentiary hearing, the court shall, within seven days, make oral or written findings of fact and conclusions of law.
(2)
If the court finds beyond a reasonable doubt that the defendant, if at large, constitutes a threat of bodily harm to members of the public, the court shall commit the defendant pursuant to section
18-1.3-904
.
(3)
If the court does not find as provided in subsection (2) of this section, it shall terminate proceedings under this part 9 and proceed with sentencing as otherwise provided by law.
(4)
If the findings and conclusions are oral, they shall be reduced to writing and filed within fourteen days, and the defendant shall not be committed to the custody of the department pursuant to section
18-1.3-904
until the findings and conclusions are filed.
L. 2002: Entire article added with relocations, p. 1433, § 2, effective October 1. L. 2012: (1) and (4) amended, (SB 12-175), ch. 208, p. 868, § 118, effective July 1.
This section is similar to former § 16-13-211 as it existed prior to 2002.
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 9 - SENTENCING OF SEX OFFENDERS (§§ 18-1.3-901 — 18-1.3-916) › Section 18-1.3-913 - Appeal

The defendant may appeal an adverse finding made pursuant to section
18-1.3-912
in the same manner as is provided by law for other criminal appeals.
L. 2002: Entire article added with relocations, p. 1434, § 2, effective October 1.
This section is similar to former § 16-13-212 as it existed prior to 2002.
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 9 - SENTENCING OF SEX OFFENDERS (§§ 18-1.3-901 — 18-1.3-916) › Section 18-1.3-914 - Time allowed on sentence

If the proceedings under this part 9 are terminated by the court, as provided in section
18-1.3-910
or
18-1.3-912(3)
, the court shall deduct the time from the commencement of proceedings to the termination of proceedings from the minimum sentence of the defendant.
L. 2002: Entire article added with relocations, p. 1434, § 2, effective October 1.
This section is similar to former § 16-13-213 as it existed prior to 2002.
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 9 - SENTENCING OF SEX OFFENDERS (§§ 18-1.3-901 — 18-1.3-916) › Section 18-1.3-915 - Costs

The costs of the maintenance of the prisoner during the pendency of proceedings under this part 9 and the costs of the psychiatric examinations and reports shall be paid by the state of Colorado.
L. 2002: Entire article added with relocations, p. 1434, § 2, effective October 1.
This section is similar to former § 16-13-214 as it existed prior to 2002.
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 9 - SENTENCING OF SEX OFFENDERS (§§ 18-1.3-901 — 18-1.3-916) › Section 18-1.3-916 - Diagnostic center as receiving center

The diagnostic center, as defined in section
17-40-101
(1.5), C.R.S., shall be the receiving center for all persons committed pursuant to section
18-1.3-904
.
L. 2002: Entire article added with relocations, p. 1434, § 2, effective October 1.
This section is similar to former § 16-13-215 as it existed prior to 2002.
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 10 - LIFETIME SUPERVISION OF SEX OFFENDERS (§§ 18-1.3-1001 — 18-1.3-1012) › Section 18-1.3-1001 - Legislative declaration

The general assembly hereby finds that the majority of persons who commit sex offenses, if incarcerated or supervised without treatment, will continue to present a danger to the public when released from incarceration and supervision. The general assembly also finds that keeping all sex offenders in lifetime incarceration imposes an unacceptably high cost in both state dollars and loss of human potential. The general assembly further finds that some sex offenders respond well to treatment and can function as safe, responsible, and contributing members of society, so long as they receive treatment and supervision. The general assembly therefore declares that a program under which sex offenders may receive treatment and supervision for the rest of their lives, if necessary, is necessary for the safety, health, and welfare of the state.
L. 2002: Entire article added with relocations, p. 1434, § 2, effective October 1.
This section is similar to former § 16-13-801 as it existed prior to 2002.
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 10 - LIFETIME SUPERVISION OF SEX OFFENDERS (§§ 18-1.3-1001 — 18-1.3-1012) › Section 18-1.3-1002 - Short title

This part 10 shall be known and may be cited as the "Colorado Sex Offender Lifetime Supervision Act of 1998".
L. 2002: Entire article added with relocations, p. 1434, § 2, effective October 1.
This section is similar to former § 16-13-802 as it existed prior to 2002.
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 10 - LIFETIME SUPERVISION OF SEX OFFENDERS (§§ 18-1.3-1001 — 18-1.3-1012) › Section 18-1.3-1003 - Definitions

As used in this part 10, unless the context otherwise requires:
(1)
"Department" means the department of corrections.
(2)
"Management board" means the sex offender management board created in section
16-11.7-103
, C.R.S.
(3)
"Parole board" means the state board of parole created in section
17-2-201
, C.R.S.
(4)
"Sex offender" means a person who is convicted of or pleads guilty or nolo contendere to a sex offense.
(5)
(a)
"Sex offense" means any of the following offenses:
(I)
(A)
Sexual assault, as described in section
18-3-402
; or
(B)
Sexual assault in the first degree, as described in section
18-3-402
as it existed prior to July 1, 2000;
(II)
Sexual assault in the second degree, as described in section
18-3-403
as it existed prior to July 1, 2000;
(III)
(A)
Felony unlawful sexual contact, as described in section
18-3-404(2)
; or
(B)
Felony sexual assault in the third degree, as described in section
18-3-404(2)
as it existed prior to July 1, 2000;
(IV)
Sexual assault on a child, as described in section
18-3-405
;
(V)
Sexual assault on a child by one in a position of trust, as described in section
18-3-405.3
;
(VI)
Aggravated sexual assault on a client by a psychotherapist, as described in section
18-3-405.5(1)
;
(VII)
Enticement of a child, as described in section
18-3-305
;
(VIII)
Incest, as described in section
18-6-301
;
(IX)
Aggravated incest, as described in section
18-6-302
;
(X)
Patronizing a prostituted child, as described in section
18-7-406
;
(XI)
Class 4 felony internet luring of a child, in violation of section
18-3-306(3)
;
(XII)
Internet sexual exploitation of a child, in violation of section
18-3-405.4
; or
(XIII)
Class 3 felony unlawful sexual conduct by a peace officer, in violation of section
18-3-405.7
.
(b)
"Sex offense" also includes criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in paragraph (a) of this subsection (5) if such criminal attempt, conspiracy, or solicitation would constitute a class 2, 3, or 4 felony.
Amended by 2019 Ch. 287,§ 4, eff. 7/1/2019.
L. 2002: Entire article added with relocations, p. 1434, § 2, effective October 1. L. 2005: (5)(b) amended, p. 765, § 26, effective June 1. L. 2006: (5)(a)(XI) and (5)(a)(XII) added, p. 2055, § 3, effective July 1. L. 2012: (4) amended, (HB 12-1310), ch. 1402, p. 1402, § 23, effective June 7. L. 2019: (5)(a)(XI) and (5)(a)(XII) amended and (5)(a)(XIII) added, (HB 19-1250), ch. 2664, p. 2664, § 4, effective July 1.
This section is similar to former § 16-13-803 as it existed prior to 2002.
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 10 - LIFETIME SUPERVISION OF SEX OFFENDERS (§§ 18-1.3-1001 — 18-1.3-1012) › Section 18-1.3-1005 - Parole - intensive supervision program

(1)
The department shall establish an intensive supervision parole program for sex offenders sentenced to incarceration and subsequently released on parole pursuant to this part 10. In addition, the parole board may require a person, as a condition of parole, to participate in the intensive supervision parole program established pursuant to this section if the person is convicted of:
(a)
Indecent exposure, as described in section
18-7-302
;
(b)
Criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in section
18-1.3-1003(5)(a)
, which attempt, conspiracy, or solicitation would constitute a class 5 felony; or
(c)
Any of the offenses specified in section
16-22-102(9)(j), (9)(k), (9)(l), (9)(n), (9)(o), (9)(p), (9)(q), (9)(r), or (9)(s)
, C.R.S.
(1.5)
In addition to the persons specified in subsection (1) of this section, the parole board shall require, as a condition of parole, any person convicted of felony failure to register as a sex offender, as described in section
18-3-412.5
, who is sentenced to incarceration and subsequently released on parole, to participate in the intensive supervision parole program established pursuant to this section.
(2)
The department shall require that sex offenders and any other persons in the intensive supervision parole program established pursuant to this section receive the highest level of supervision that is provided to parolees. The intensive supervision parole program may include, but is not limited to, severely restricted activities, daily contact between the sex offender or other person and the community parole officer, monitored curfew, home visitation, employment visitation and monitoring, drug and alcohol screening, treatment referrals and monitoring, including physiological monitoring, and payment of restitution. In addition, the intensive supervision parole program shall be designed to minimize the risk to the public to the greatest extent possible.
(3)
The executive director of the department shall establish and enforce standards and criteria for administration of the intensive supervision parole program created pursuant to this section.
L. 2002: Entire article added with relocations, p. 1438, § 2, effective October 1. L. 2008: (2) amended, p. 659, § 13, effective April 25. L. 2012: (1)(c) amended, (HB 12-1310), ch. 268, p. 1402, § 25, effective June 7.
This section is similar to former § 16-13-805 as it existed prior to 2002.
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 10 - LIFETIME SUPERVISION OF SEX OFFENDERS (§§ 18-1.3-1001 — 18-1.3-1012) › Section 18-1.3-1009 - Criteria for release from incarceration, reduction in supervision, and discharge

(1)
On or before July 1, 1999, the management board, in collaboration with the department of corrections, the judicial department, and the parole board, shall establish:
(a)
The criteria by and the manner in which a sex offender may demonstrate that he or she would not pose an undue threat to the community if released on parole or to a lower level of supervision while on parole or probation or if discharged from parole or probation. The court and the parole board may use the criteria to assist in making decisions concerning release of a sex offender, reduction of the level of supervision for a sex offender, and discharge of a sex offender.
(b)
The methods of determining whether a sex offender has successfully progressed in treatment; and
(c)
Standards for community entities that provide supervision and treatment specifically designed for sex offenders who have developmental disabilities. At a minimum, the standards shall determine whether an entity would provide adequate support and supervision to minimize any threat that the sex offender may pose to the community.
L. 2002: Entire article added with relocations, p. 1442, § 2, effective October 1.
This section is similar to former § 16-13-809 as it existed prior to 2002.
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 10 - LIFETIME SUPERVISION OF SEX OFFENDERS (§§ 18-1.3-1001 — 18-1.3-1012) › Section 18-1.3-1010 - Arrest of parolee or probationer - revocation

(1)
(a)
A sex offender paroled pursuant to section
18-1.3-1006
is subject to arrest and revocation of parole as provided in sections
17-2-103
and
17-2-103.5
, C.R.S. At any revocation proceeding, the sex offender's community parole officer and the treatment provider shall submit written recommendations concerning the level of treatment and monitoring that should be imposed as a condition of parole if parole is not revoked or whether the sex offender poses a sufficient threat to the community that parole should be revoked. The recommendations shall be based on the criteria established by the management board pursuant to section
18-1.3-1009
. If the parole board revokes the sex offender's parole, the sex offender shall continue to be subject to the provisions of this part 10.
(b)
At a revocation hearing held pursuant to this subsection (1), the parole board shall consider the recommendations of the community parole officer and the treatment provider, in addition to evidence concerning any of the grounds for revocation of parole specified in sections
17-2-103
and
17-2-103.5
, C.R.S. If the parole board chooses not to follow the recommendations made, it shall make findings on the record in support of its decision.
(2)
(a)
A sex offender sentenced to probation pursuant to section
18-1.3-1004(2)
is subject to arrest and revocation of probation as provided in sections
16-11-205
and
16-11-206
, C.R.S. At any revocation proceeding, the sex offender's probation officer and the sex offender's treatment provider shall submit recommendations concerning the level of treatment and monitoring that should be imposed as a condition of probation if probation is not revoked or whether the sex offender poses a sufficient threat to the community that probation should be revoked. The recommendations shall be based on the criteria established by the management board pursuant to section
18-1.3-1009
. If the court revokes the sex offender's probation, the court shall sentence the sex offender as provided in section
18-1.3-1004
, and the sex offender shall be subject to the provisions of this part 10.
(b)
At a revocation hearing held pursuant to this subsection (2), the court shall consider the recommendations of the probation officer and the treatment provider, in addition to evidence concerning any of the grounds for revocation of probation specified in sections
16-11-205
and
16-11-206
, C.R.S. If the court chooses not to follow the recommendations made, it shall make findings on the record in support of its decision.
L. 2002: Entire article added with relocations, p. 1442, § 2, effective October 1. L. 2008: (1) amended, p. 661, § 15, effective April 25.
This section is similar to former § 16-13-810 as it existed prior to 2002.
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 10 - LIFETIME SUPERVISION OF SEX OFFENDERS (§§ 18-1.3-1001 — 18-1.3-1012) › Section 18-1.3-1012 - Applicability of part

The provisions of this part 10 shall apply to any person who commits a sex offense on or after November 1, 1998.
L. 2002: Entire article added with relocations, p. 1444, § 2, effective October 1.
This section is similar to former § 16-13-812 as it existed prior to 2002.
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 11 - SPECIAL PROCEEDINGS - PRETRIAL MOTIONS IN CLASS 1 FELONY CASES ALLEGING THAT A DEFENDANT IS A MENTALLY RETARDED DEFENDANT (§§ 18-1.3-1101 — 18-1.3-1105) › Section 18-1.3-1101 - Definitions

As used in this part 11:
(1)
"Defendant" means any person charged with a class 1 felony.
(2)
"Mentally retarded defendant or defendant with an intellectual and developmental disability" means any defendant with significantly subaverage general intellectual functioning existing concurrently with substantial deficits in adaptive behavior and manifested and documented during the developmental period. The requirement for documentation may be excused by the court upon a finding that extraordinary circumstances exist.
Amended by 2018 Ch. 44,§ 2, eff. 8/8/2018.
L. 2002: Entire article added with relocations, p. 1444, § 2, effective October 1. L. 2018: (2) amended, (SB 18-096), ch. 44, p. 469, § 2, effective August 8.
This section is similar to former § 16-9-401 as it existed prior to 2002.
For the legislative declaration in SB 18-092, see section 1 of chapter 44, Session Laws of Colorado 2018.
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 11 - SPECIAL PROCEEDINGS - PRETRIAL MOTIONS IN CLASS 1 FELONY CASES ALLEGING THAT A DEFENDANT IS A MENTALLY RETARDED DEFENDANT (§§ 18-1.3-1101 — 18-1.3-1105) › Section 18-1.3-1102 - Pretrial motion by defendant in class 1 felony case - determination whether defendant is mentally retarded or has an intellectual and developmental disability - procedure

(1)
Any defendant may file a motion with the trial court in which the defendant may allege that such defendant is a mentally retarded defendant or a defendant with an intellectual and developmental disability. The motion must be filed at least ninety-one days prior to trial.
(2)
The court shall hold a hearing upon any motion filed pursuant to subsection (1) of this section and shall make a determination regarding the motion no later than fourteen days prior to trial. At such hearing, the defendant must be permitted to present evidence with regard to the motion and the prosecution must be permitted to offer evidence in rebuttal. The defendant has the burden of proof to show by clear and convincing evidence that he or she is mentally retarded or has an intellectual and developmental disability.
(3)
The court shall enter specific findings of fact and conclusions of law regarding whether or not the defendant is a mentally retarded defendant or a defendant with an intellectual and developmental disability, as defined in section
18-1.3-1101
.
Amended by 2018 Ch. 44,§ 3, eff. 8/8/2018.
L. 2002: Entire article added with relocations, p. 1444, § 2, effective October 1. L. 2012: (1) and (2) amended, (SB 12-175), ch. 208, p. 868, § 119, effective July 1. L. 2018: Entire section amended, (SB 18-096), ch. 44, p. 469, § 3, effective August 8.
This section is similar to former § 16-9-402 as it existed prior to 2002.
For the legislative declaration in SB 18-096, see section 1 of chapter 44, Session Laws of Colorado 2018.
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 11 - SPECIAL PROCEEDINGS - PRETRIAL MOTIONS IN CLASS 1 FELONY CASES ALLEGING THAT A DEFENDANT IS A MENTALLY RETARDED DEFENDANT (§§ 18-1.3-1101 — 18-1.3-1105) › Section 18-1.3-1103 - Mentally retarded defendant or defendant with an intellectual and developmental disability - death penalty not imposed

A sentence of death shall not be imposed upon any defendant who is determined to be a mentally retarded defendant or a defendant with an intellectual and developmental disability pursuant to section
18-1.3-1102
. If any person who is determined to be a mentally retarded defendant or a defendant with an intellectual and developmental disability is found guilty of a class 1 felony, such defendant shall be sentenced to life imprisonment.
Amended by 2018 Ch. 44,§ 4, eff. 8/8/2018.
L. 2002: Entire article added with relocations, p. 1444, § 2, effective October 1. L. 2018: Entire section amended, (SB 18-096), ch. 44, p. 470, § 4, effective August 8.
This section is similar to former § 16-9-403 as it existed prior to 2002.
For the legislative declaration in SB 18-096, see section 1 of chapter 44, Session Laws of Colorado 2018.
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 11 - SPECIAL PROCEEDINGS - PRETRIAL MOTIONS IN CLASS 1 FELONY CASES ALLEGING THAT A DEFENDANT IS A MENTALLY RETARDED DEFENDANT (§§ 18-1.3-1101 — 18-1.3-1105) › Section 18-1.3-1105 - Evaluation at insistence of defendant

(1)
If the defendant wishes to be evaluated by an expert of the defendant's choice in mental retardation or intellectual and developmental disabilities in connection with the mental retardation or intellectual and developmental disability hearing pursuant to this part 11, the court, upon timely motion, shall order that the evaluator chosen by the defendant be given reasonable opportunity to conduct the evaluation.
(2)
Whenever an expert is endorsed as a witness by the defendant, a copy of any report of an evaluation of the defendant shall be furnished to the prosecution within a reasonable time but not less than thirty-five days prior to the mental retardation or intellectual and developmental disability hearing.
Amended by 2018 Ch. 44,§ 6, eff. 8/8/2018.
L. 2002: Entire article added with relocations, p. 1445, § 2, effective October 1. L. 2012: (2) amended, (SB 12-175), ch. 208, p. 868, § 120, effective July 1. L. 2018: Entire section amended, (SB 18-096), ch. 44, p. 471, § 6, effective August 8.
This section is similar to former § 16-9-405 as it existed prior to 2002.
For the legislative declaration in SB 18-096, see section 1 of chapter 44, Session Laws of Colorado 2018.
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 12 - SPECIAL PROCEEDINGS - SENTENCING IN CLASS 1 FELONIES (§§ 18-1.3-1201 — 18-1.3-1207) › Section 18-1.3-1202 - Death penalty inflicted by lethal injection

The manner of inflicting the punishment of death shall be by the administration of a lethal injection within the time prescribed in this part 12, unless for good cause the court or governor may prolong the time. For the purposes of this part 12, "lethal injection" means a continuous intravenous injection of a lethal quantity of sodium thiopental or other equally or more effective substance sufficient to cause death. The manner of inflicting the punishment of death shall, in all circumstances, be by the administration of a lethal injection regardless of the date of the commission of the offense or offenses for which the death penalty is imposed.
L. 2002: Entire article added with relocations, p. 1452, § 2, effective October 1.
This section is similar to former § 16-11-401 as it existed prior to 2002.
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 12 - SPECIAL PROCEEDINGS - SENTENCING IN CLASS 1 FELONIES (§§ 18-1.3-1201 — 18-1.3-1207) › Section 18-1.3-1203 - Genetic testing prior to execution

Prior to the execution of the death penalty pursuant to this part 12, the judicial department shall obtain the chemical testing of a biological substance sample from the convicted offender to determine the genetic markers thereof.
L. 2002: Entire article added with relocations, p. 1453, § 2, effective October 1.
This section is similar to former § 16-11-401.5 as it existed prior to 2002.
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 12 - SPECIAL PROCEEDINGS - SENTENCING IN CLASS 1 FELONIES (§§ 18-1.3-1201 — 18-1.3-1207) › Section 18-1.3-1204 - Implements - sentence executed by executive director

The executive director of the department of corrections, at the expense of the state of Colorado, shall provide a suitable and efficient room or place, enclosed from public view, within the walls of the correctional facilities at Cañon City and therein at all times have in preparation all necessary implements requisite for carrying into execution the death penalty by means of the administration of a lethal injection. The execution shall be performed in the room or place by a person selected by the executive director and trained to administer intravenous injections. Death shall be pronounced by a licensed physician or a coroner according to accepted medical standards.
L. 2002: Entire article added with relocations, p. 1453, § 2, effective October 1.
This section is similar to former § 16-11-402 as it existed prior to 2002.
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 12 - SPECIAL PROCEEDINGS - SENTENCING IN CLASS 1 FELONIES (§§ 18-1.3-1201 — 18-1.3-1207) › Section 18-1.3-1205 - Week of execution - warrant

When a person is convicted of a class 1 felony, the punishment for which is death, and the convicted person is sentenced to suffer the penalty of death, the judge passing such sentence shall appoint and designate in the warrant of conviction a week of time within which the sentence must be executed; the end of such week so appointed shall be not fewer than ninety-one days nor more than one hundred twenty-six days from the day of passing the sentence. Said warrant shall be directed to the executive director of the department of corrections or the executive director's designee commanding said executive director or designee to execute the sentence imposed upon some day within the week of time designated in the warrant and shall be delivered to the sheriff of the county in which such conviction is had, who, within three days thereafter, shall proceed to the correctional facilities at Cañon City and deliver the convicted person, together with the warrant, to said executive director or designee, who shall keep the convict in confinement until execution of the death penalty. Persons shall be permitted access to the inmate pursuant to prison rules. Such rules shall provide, at a minimum, for the inmate's attendants, counsel, and physician, a spiritual adviser selected by the inmate, and members of the inmate's family to have access to the inmate.
L. 2002: Entire article added with relocations, p. 1453, § 2, effective October 1. L. 2002, 3rd Ex. Sess.: Entire section amended, p. 14, § 4, effective October 1. L. 2012: Entire section amended, (SB 12-175), ch. 208, p. 869, § 122, effective July 1.
This section is similar to former § 16-11-403 as it existed prior to 2002.
For the legislative declaration contained in the 2002 act amending this section, see section 16 of chapter 1 of the supplement to the Session Laws of Colorado 2002, Third Extraordinary Session.
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 12 - SPECIAL PROCEEDINGS - SENTENCING IN CLASS 1 FELONIES (§§ 18-1.3-1201 — 18-1.3-1207) › Section 18-1.3-1206 - Execution - witnesses

The particular day and hour of the execution of said sentence within the week specified in said warrant shall be fixed by the executive director of the department of corrections or the executive director's designee, and the executive director shall be present thereat or shall appoint some other representative among the officials or officers of the correctional facilities at Cañon City to be present in his or her place and stead. There shall also be present a physician and such guards, attendants, and other persons as the executive director or the executive director's designee in his or her discretion deems necessary to conduct the execution. In addition, there may be present such witnesses as the executive director or the executive director's designee in his or her discretion deems desirable, not to exceed eighteen persons. The executive director or the executive director's designee shall notify the governor of the day and hour for the execution as soon as it has been fixed.
L. 2002: Entire article added with relocations, p. 1453, § 2, effective October 1.
This section is similar to former § 16-11-404 as it existed prior to 2002.
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 12 - SPECIAL PROCEEDINGS - SENTENCING IN CLASS 1 FELONIES (§§ 18-1.3-1201 — 18-1.3-1207) › Section 18-1.3-1207 - Record and certificate of execution

The executive director of the department of corrections or his or her designee shall keep a book of record, to be known as record of executions, in which shall be entered the reports specified in this section. Immediately after the execution, a postmortem examination of the body of the convict shall be made by the attending physician, who shall enter in said book of record the nature and extent of the examination and sign and certify to the same. The executive director or his or her designee shall also immediately make and enter in said book a report, setting forth the time of such execution and that the convict (naming him or her) was then and there executed in conformity to the sentence specified in the warrant of the court (naming such court) to him or her directed and in accordance with the provisions of this part 12, and shall insert in said report the names of all the persons who were present and witnessed the execution, and shall procure each of such persons to sign said report with his or her full name and place of residence before leaving the place of execution. The executive director or his or her designee shall thereupon attach his or her certificate to said report, certifying to the truth and correctness thereof, and shall immediately deliver a certified transcript of the record entry to the court which sentenced the convict.
L. 2002: Entire article added with relocations, p. 1454, § 2, effective October 1.
This section is similar to former § 16-11-405 as it existed prior to 2002.
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 13 - SPECIAL PROCEEDINGS - APPLICABILITY OF PROCEDURE IN CLASS 1 FELONY CASES FOR CRIMES COMMITTED ON OR AFTER JULY 1, 1988, AND PRIOR TO SEPTEMBER 20, 1991 (§§ 18-1.3-1301 — 18-1.3-1302) › Section 18-1.3-1301 - Applicability of procedure for the imposition of sentences in class 1 felony cases

(1)
It is the expressed intention of the general assembly that there be no hiatus in the imposition of the death penalty as a sentence for the commission of a class 1 felony in the state of Colorado as a result of the holding of the Colorado supreme court in
People v. Young
, 814 P.2d 834 (Colo. 1991). Toward that end, the provisions of former section
16-11-103
, C.R.S., as it existed prior to the enactment of senate bill 78, enacted at the second regular session of the fifty-sixth general assembly, and as it currently exists as section
18-1.3-1201
, to the extent such provisions were not automatically revitalized by the operation of law, are reenacted as section
18-1.3-1302
and are hereby made applicable to offenses committed on or after July 1, 1988, and prior to September 20, 1991.
(2)
It is the intent of the general assembly that this part 13 is independent from former section
16-11-103
, C.R.S., now section
18-1.3-1201
, and that if any provision of this part 13 or the application thereof to any person or circumstance is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the application of section
18-1.3-1201
to any offense committed on or after September 20, 1991.
L. 2002: Entire article added with relocations, p. 1454, § 2, effective October 1.
This section is similar to former § 16-11-801 as it existed prior to 2002.