reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 3 - ABATEMENT OF PUBLIC NUISANCE (§§ 16-13-301 — 16-13-317) › Section 16-13-309 - Judgment - relief

(1)
The judgment in an action to abate a public nuisance may include a permanent injunction to restrain, abate, and prevent the continuance or recurrence of the nuisance and an order directing the confiscation and forfeiture of property. The court may grant declaratory relief, mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction or order and enforce the same, and the court may retain jurisdiction of the case for the purpose of enforcing its orders.
(2)
If the existence of a class 1 public nuisance is established in an action authorized by this part 3, an order of abatement shall be entered as a part of the judgment in the case, which order shall direct the removal from the building, place, vehicle, or real property and the forfeiture of all fixtures and contents thereof and the confiscation and forfeiture of all personal property, including vehicles, seized or subject to seizure as provided in section
16-13-303
and shall direct the sale of the personal property, including vehicles, as provided in this part 3. If the building, place, or real property is not forfeited pursuant to this part 3, the order shall direct the effectual closing of such property against its use for any purpose for a period of one year, unless sooner released by the court pursuant to the provisions of this part 3. While the order remains in effect as to closing, such building, place, or real property shall remain in the custody of the court. The court shall cause a copy of the order of abatement to be recorded in the office of the county clerk and recorder of the county in which the property is located.
(3)
The judgment in an action to abate a class 2 public nuisance may include an order directing the sheriff to seize and close the public nuisance, and to keep the same effectually closed until further order of the court, not to exceed one year.
(4)
The judgment in an action to abate a class 3 public nuisance may include, in addition to or in the alternative to other injunctive relief, an order requiring the removal, correction, or other abatement of a public nuisance, in whole or in part, by the sheriff, at the expense of the owner or operator of the public nuisance.
(5)
The judgment in an action to abate a public nuisance may include, in addition to or in the alternative to any other relief authorized by the provisions of this part 3, the imposition of a fine, within the limits provided in section
16-13-312
, conditioned upon failure or refusal of compliance with the orders of the court within any time limits therein fixed.
L. 72: R&RE, p. 263, § 1. C.R.S. 1963: § 39-13-309. L. 81: (2) amended, p. 956, § 5, effective July 1. L. 83: (2) amended, p. 684, § 4, effective July 1. L. 87: (1) and (2) amended, p. 636, § 7, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 3 - ABATEMENT OF PUBLIC NUISANCE (§§ 16-13-301 — 16-13-317) › Section 16-13-310 - Redelivery of seized premises

(1)
If the owner of a building, a place, or any real property seized and closed as a class 1 public nuisance has not been guilty of any contempt of court in the proceedings, and appears and pays all costs, fees, and allowances which are declared by this section to be a lien on the building, place, or real property, and files a bond in the amount fixed by the court not to exceed the full value of said property, with sureties to be approved by the court, conditioned that he will immediately abate any such nuisance that exists at the building, place, or real property and prevent the same from being established or kept thereat within a period of one year thereafter, the court, if satisfied of his good faith and satisfied that such owner had not conducted, used, maintained, or knowingly permitted the conducting, using, or maintaining of such public nuisance, may order the building, place, or real property to be delivered to said owner and the order of abatement canceled so far as the same relates to said property. If any property is found not to be a public nuisance pursuant to this part 3 or if said property fits the description of property specified in section
16-13-303(2) and (3)
and the property is not subject to forfeiture or an affirmative defense has been proven, said property shall be released to the owner without conditions. The release of the property under the provisions of this section shall not release it from any judgment, lien, penalty, or liability to which it is subject by law.
(2)
If the owner or operator of a building or place seized and closed as a class 2 public nuisance has not been guilty of any contempt of court in the proceedings, and demonstrates by evidence satisfactory to the court that the public nuisance has been abated and will not recur, the court may order the premises delivered to the owner or operator. As a condition of such order, the court may require the posting of bond, in an amount fixed by the court, for the faithful performance of the obligation of the owner or operator thereunder to prevent recurrence or continuance of the public nuisance.
(3)
If the tenant or occupant, other than the owner, of a building, a place, or any real property is involved in conducting or maintaining a public nuisance, the owner need not be made a party to the action until the tenant or occupant is evicted or the district attorney seeks to enforce the remedies of this part 3 against the owner. However, the owner may intervene in the action at any time.
L. 72: R&RE, p. 263, § 1. C.R.S. 1963: § 39-13-310. L. 81: (1) amended, p. 957, § 6, effective July 1. L. 83: (1) amended, p. 684, § 5, effective July 1. L. 87: (1) amended and (3) added, p. 636, § 8, effective July 1; (1) amended, p. 1586, § 57, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 3 - ABATEMENT OF PUBLIC NUISANCE (§§ 16-13-301 — 16-13-317) › Section 16-13-312 - Violation of injunction

Any violation or disobedience of any injunction or order issued by the court in an action to abate a public nuisance shall be punished as a contempt of court by a fine of not less than two hundred dollars nor more than two thousand dollars; but the court may treat each day on which the violation or disobedience of an injunction or order continues or recurs as a separate contempt and may impose a fine, in addition to the fine provided in this section, in an amount not to exceed five hundred dollars per day.
L. 72: R&RE, p. 264, § 1. C.R.S. 1963: § 39-13-312.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 3 - ABATEMENT OF PUBLIC NUISANCE (§§ 16-13-301 — 16-13-317) › Section 16-13-313 - Fees - costs and fines - lien and collection

(1)
For removing and selling personal property as provided in this part 3, the sheriff shall be entitled to charge and receive the same fees as he would for levying upon and selling like property on execution.
(2)
For seizing and closing any building, premises, or vehicle as provided in this part 3, or for performing other duties pursuant to the direction of the court pursuant to the provisions of this part 3, the sheriff shall be entitled to a reasonable sum fixed by the court, in addition to the actual costs incurred or expended.
(3)
All fees and costs allowed by the provisions of this section, the costs of court action to abate any public nuisance, and all fines levied by the court in contempt proceedings incident to an action to abate a public nuisance shall be a first and prior lien upon any real or personal property seized under the provisions of this part 3, and the same shall be enforceable and collectible by execution issued by order of the court, from the property of any person liable therefor.
L. 72: R&RE, p. 265, § 1. C.R.S. 1963: § 39-13-313. L. 81: (2) amended, p. 958, § 8, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 3 - ABATEMENT OF PUBLIC NUISANCE (§§ 16-13-301 — 16-13-317) › Section 16-13-314 - Disposition of forfeited real property

(1)
In an action to abate a class 1 public nuisance, if the court finds that such class 1 public nuisance exists and that the same has been conducted, used, or maintained by the owner of a building, place, or any real property seized and closed as a class 1 public nuisance, or that the nuisance has been conducted, used, or maintained by any person with the actual knowledge and consent of the owner, a permanent order of abatement shall be entered as a part of the judgment in the case. The order of abatement shall direct the sheriff to sell such building or place and the ground upon which such building or place is situate or any other real property, to the extent of the interest of such owner therein, at public sale in the manner provided for sales of property upon execution. In no event shall real property that is neither proceeds of nor part of the same lot or tract of land used for the public nuisance act that was the underlying subject matter of the public nuisance action, be subject to seizure and forfeiture, excepting access and egress routes.
(2)
The proceeds of such sale shall be applied in the same manner and priority as enumerated in section
16-13-311(3)
.
(3)
It is the intent of the general assembly that moneys allocated to a seizing agency pursuant to subsection (2) of this section shall not be considered a source of revenue to meet normal operating needs.
(4)
If more than one seizing agency was substantially involved in effecting the forfeiture, the agencies shall enter into a stipulation with regard to costs incurred by the agencies and the percentage of any remaining proceeds to be deposited for the benefit of the agencies. Upon the filing by such agencies of such stipulation with the court, the court shall order the proceeds so distributed. If the agencies are unable to reach an agreement, the court shall take testimony and equitably distribute the proceeds.
L. 72: R&RE, p. 265, § 1. C.R.S. 1963: § 39-13-314. L. 81: Entire section amended, p. 958, § 9, effective July 1. L. 83: (1) amended, p. 685, § 6, effective July 1. L. 87: (3) and (4) added, p. 638, § 10, effective July 1. L. 99: (1) amended, p. 798, § 15, effective July 1. L. 2002: (2) amended, p. 923, § 6, effective July 1.
For provisions on reporting and disposition of forfeited property, see part 7 of this article 13.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 3 - ABATEMENT OF PUBLIC NUISANCE (§§ 16-13-301 — 16-13-317) › Section 16-13-315 - Seizure of personal property

(1)
Any personal property subject to seizure, confiscation, or forfeiture under the provisions of this part 3 may be seized:
(a)
Pursuant to any writ, order, or injunction issued under the provisions of this part 3; or
(b)
Under the authority of a search warrant; or
(c)
By any peace officer or agent of a seizing agency with probable cause to believe that such property is a public nuisance or otherwise subject to confiscation and forfeiture under this part 3 if the seizure is incident to a lawful search or arrest.
(2)
The provisions of this section shall not be construed to limit or forbid the seizure of any such personal property in any manner now or hereafter required, authorized, or permitted by law.
(3)
If a rental motor vehicle is seized pursuant to this part 3, the seizing agency shall notify the motor vehicle rental company of the seizure if the motor vehicle is identified as a rental motor vehicle. The motor vehicle rental company may appear at the seizing agency and request the return of the rental motor vehicle. The rental motor vehicle shall be returned to the motor vehicle rental company unless the motor vehicle must be maintained in the custody of the seizing agency for evidentiary purposes or if the seizing agency has probable cause to believe the motor vehicle rental company, at the time of rental, had knowledge or notice of the criminal activity for which the rental car was used.
L. 72: R&RE, p. 265, § 1. C.R.S. 1963: § 39-13-315. L. 87: (1)(b) amended and (1)(c) added, p. 638, § 11, effective July 1. L. 2002: (3) added, p. 924, § 7, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 3 - ABATEMENT OF PUBLIC NUISANCE (§§ 16-13-301 — 16-13-317) › Section 16-13-316 - Prior liens not subject to forfeiture - vesting of title

(1)
Nothing in this part 3 shall be construed in such manner as to destroy the validity of a bona fide lien upon real or personal property appearing of record prior to the seizure of personal property, prior to the filing of a notice of seizure, as provided in subsection (3) of this section, prior to the filing of a notice of lis pendens on real property, or prior to actual or constructive notice to the lienholder of the state's potential claim of public nuisance.
(2)
Title to real or personal property subject to forfeiture pursuant to the provisions of this section shall vest in the state and the seizing agency at the earliest of: For currency, the time of the commission of the public nuisance act; the time of the physical seizure of said property, except for real property; the time of filing of a notice of seizure, as provided in subsection (3) of this section; the time of the filing of a notice of lis pendens on real property; or the time of the issuance of court process for seizure of property, as against anyone with prior actual notice thereof.
(3)
Before or after the commencement of litigation regarding a vehicle or real property for which seizure or forfeiture is sought, the prosecuting attorney or seizing agency shall file a notice of seizure with the office of the clerk and recorder in the county where the property is located. A notice of seizure for real property shall expire within seventy days after filing unless an action is filed in court for abatement or forfeiture, under this part 3 or other applicable law. A notice of seizure shall contain: A description of the property for which seizure or forfeiture is being sought, including the street address and legal description for real property and the make, model, year, license number, and vehicle identification number for a vehicle; the date and location of the seizure if the property has already been seized; the identity of the seizing agency and prosecuting attorney; and the name of any person who is an owner of record or registered owner of the property or who is known to have, or who has asserted an interest in, the property. The notice of seizure shall also contain a statement giving notice that seizure or forfeiture of the property may be sought pursuant to this part 3, or other applicable law, and that any interest acquired in the property after the filing of the notice of the seizure will be subject to the forfeiture action in the event the property is forfeited.
L. 73: p. 508, § 1. C.R.S. 1963: § 39-13-316. L. 87: Entire section amended, p. 638, § 12, effective July 1. L. 2003: Entire section amended, p. 905, § 17, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 3 - ABATEMENT OF PUBLIC NUISANCE (§§ 16-13-301 — 16-13-317) › Section 16-13-317 - [Repealed]

L. 87: Entire section added, p. 638, § 13, effective July 1. L. 92: Entire section repealed, p. 450, § 4, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 4 - PRESERVATION OF THE PEACE (§ 16-13-401) › Section 16-13-401 - [Repealed]

L. 94: Entire part repealed, p. 2038, § 18, effective July 1.
(1) This part 4 was numbered as article 13 of chapter 39, C.R.S. 1963. This article was repealed and reenacted in 1972, and this part 4 was not amended prior to its repeal in 1994.
(2) For historical information concerning the 1972 repeal and reenactment of this article, see the editor's note before the article 1 heading.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 5 - COLORADO CONTRABAND FORFEITURE ACT (§§ 16-13-501 — 16-13-511) › Section 16-13-501 - Short title

This part 5 shall be known and may be cited as the "Colorado Contraband Forfeiture Act".
L. 84: Entire part added, p. 505, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 5 - COLORADO CONTRABAND FORFEITURE ACT (§§ 16-13-501 — 16-13-511) › Section 16-13-501.5 - Legislative declaration

(1)
It is the intent of the general assembly that proceedings under this part 5 be remedial in nature and designed to benefit the public good by appropriating contraband property for use by law enforcement.
(2)
It is also the policy of the general assembly that asset forfeiture pursuant to this part 5 shall be carried out pursuant to the following:
(a)
Generation of revenue shall not be the primary purpose of asset forfeiture.
(b)
No prosecutor's or law enforcement officer's employment or level of salary shall depend upon the frequency of seizures or forfeitures which such person achieves.
(c)
Each seizing agency shall have policies and procedures for the expeditious release of seized property which is not subject to forfeiture pursuant to this part 5, when such release is appropriate.
(d)
Each seizing agency retaining forfeited property for official law enforcement use shall ensure that the property is subject to controls consistent with controls which are applicable to property acquired through the normal appropriations process.
(e)
Each seizing agency which receives forfeiture proceeds shall conform with reporting, audit, and disposition procedures enumerated in this article.
(f)
Each seizing agency shall prohibit its employees from purchasing forfeited property.
L. 87: Entire section added, p. 639, § 14, effective July 1. L. 93: Entire section amended, p. 626, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 5 - COLORADO CONTRABAND FORFEITURE ACT (§§ 16-13-501 — 16-13-511) › Section 16-13-502 - Definitions

As used in this part 5, unless the context otherwise requires:
(1)
"Contraband article" means any controlled substance, as defined in section
18-18-102(5)
, C.R.S., any other drug the possession of which is an offense under the laws of this state, any imitation controlled substance, as defined in section
18-18-420(3)
, C.R.S., or any drug paraphernalia, as defined in section
18-18-426
, C.R.S.
(1.5)
"Conviction" means a verdict of guilty by a judge or jury or a plea of guilty or nolo contendere that is accepted by the court or adjudication for an offense that would constitute a criminal offense if committed by an adult.
(1.7)
"Instrumental" means a substantial connection exists between the property and the unlawful use of the property.
(1.8)
"Proceeds traceable" or "traceable proceeds" means all property, real and personal, corporeal and incorporeal, which is proceeds attributable to, derived from, or realized through, directly or indirectly, a subject act described in section
16-13-503
, whether proved by direct, circumstantial, or documentary evidence. There shall be no requirement of showing of a trail of documentary evidence to trace proceeds if the standard of proof by clear and convincing evidence is met.
(2)
"Seizing agency" means any agency that is charged with the enforcement of the laws of this state, of any other state, or of the United States relating to controlled substances and that has participated in a seizure or has been substantially involved in effecting a forfeiture through legal representation pursuant to this part 5; except that the filing of any lien against property forfeited under this part 5 by the governing body or agency thereof of any seizing agency after the date of seizure shall preclude such agency from participating pursuant to this part 5 as a seizing agency and shall deny any such agency from receiving any proceeds under this part 5. The department of corrections and a multijurisdictional task force shall be deemed to be included under this definition.
(3)
"Vehicle" means any device of conveyance capable of moving itself or of being moved from place to place upon wheels, tracks, or water or through the air, whether or not intended for the transport of persons or property, and includes any place therein adapted for overnight accommodation of persons or animals or for the carrying on of business.
L. 84: Entire part added, p. 505, § 1, effective July 1. L. 87: (2) amended, p. 639, § 15, effective July 1. L. 92: (1) amended, p. 391, § 18, effective July 1. L. 95: (2) amended, p. 872, § 5, effective May 24. L. 2002: (1.5) and (1.7) added and (2) amended, p. 924, § 8, effective July 1. L. 2003: (1.8) added, p. 904, § 15, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 5 - COLORADO CONTRABAND FORFEITURE ACT (§§ 16-13-501 — 16-13-511) › Section 16-13-503 - Subject acts

(1)
The following acts are subject to this part 5:
(a)
Engaging in the unlawful manufacture, cultivation, growth, production, processing, or distribution for sale of, or sale of, or storing or possessing for any unlawful manufacture or distribution for sale of, or for sale of, any controlled substance, as defined in section
18-18-102(5)
, C.R.S., any other drug the possession of which is an offense under the laws of this state, or any imitation controlled substance, as defined in section
18-18-420(3)
, C.R.S.;
(b)
Engaging in the unlawful manufacture, sale, or distribution of drug paraphernalia, as defined in section
18-18-426
, C.R.S.;
(c)
Transporting, carrying, or conveying any contraband article in, upon, or by means of any vehicle for the purpose of sale, storage, or possession of such contraband article;
(d)
Concealing or possessing any contraband article in or upon any vehicle for the purpose of sale of such contraband article;
(e)
Using any vehicle to facilitate the transportation, carriage, conveyance, concealment, receipt, possession, or purchase for sale of any contraband article, or the sale, barter, exchange, or giving away of any contraband article; and
(f)
Concealing or possessing any contraband article for the purpose of sale.
(2)
Mere possession of less than sixteen ounces of marijuana shall not be an act subject to the provisions of this part 5.
L. 84: Entire part added, p. 506, § 1, effective July 1. L. 85: (1)(a) amended, p. 1360, § 10, effective June 28. L. 87: (2) added, p. 639, § 16, effective July 1. L. 92: (1)(a) and (1)(b) amended, p. 392, § 19, effective July 1. L. 2010: (2) amended, (HB 10-1352), ch. 259, p. 1173, §15, effective August 11.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 5 - COLORADO CONTRABAND FORFEITURE ACT (§§ 16-13-501 — 16-13-511) › Section 16-13-504.5 - Limitations on receipt of forfeiture payments from federal agencies

(1)
A seizing agency or participant in any joint task force or other multijurisdictional collaboration shall accept payment or distribution from a federal agency of all or a portion of any forfeiture proceeds resulting from adoption or a joint task force or other multijurisdictional collaboration only if the aggregate net equity value of the property and currency seized in a case is in excess of fifty thousand dollars and a forfeiture proceeding is commenced by the federal government and relates to a filed criminal case.
(2)
Subsection (1) of this section shall not be construed to restrict seizing agencies from collaborating with a federal agency to seize property that the seizing agency has probable cause to believe is the proceeds or instruments of a crime through an intergovernmental joint task force.
Added by 2017 Ch. 403,§ 3, eff. 8/9/2017.
L. 2017: Entire section added, (HB 17-1313), ch. 403, p. 2106, § 3, effective August 9.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 5 - COLORADO CONTRABAND FORFEITURE ACT (§§ 16-13-501 — 16-13-511) › Section 16-13-507 - Disposition of contraband article or property

Any property seized pursuant to section
16-13-504
which is required by law to be destroyed, or the possession of which is illegal, or which in the opinion of the court is not properly the subject of a sale may be destroyed pursuant to a warrant for the destruction of personal property issued by the court and directed to the sheriff of the proper county or any peace officer and returned by the sheriff or peace officer after execution thereof. The court shall stay the execution of any such warrant during the period in which the property is used as evidence in any pending criminal or civil proceeding.
L. 84: Entire part added, p. 509, § 1, effective July 1. L. 87: Entire section amended, p. 643, § 23, effective July 1.
For provisions on reporting and disposition of forfeited property, see part 7 of this article 13.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 5 - COLORADO CONTRABAND FORFEITURE ACT (§§ 16-13-501 — 16-13-511) › Section 16-13-508 - Forfeitures

Notwithstanding anything contained in this part 5, this part 5 shall not be construed as an amendment or repeal of any of the criminal laws of this state, but the provisions of this part 5, insofar as they relate to those laws, shall be considered a cumulative right of the people in the enforcement of such laws. Nothing in this part 5 shall be construed to limit or preempt the powers of any court or political subdivision to abate or control public nuisances, and this part 5 shall be an additional remedy in those situations where an action could be brought under part 3 of this article.
L. 84: Entire part added, p. 509, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 5 - COLORADO CONTRABAND FORFEITURE ACT (§§ 16-13-501 — 16-13-511) › Section 16-13-509 - Evidentiary presumption

(1)
Whenever clear and convincing evidence adduced in an action pursuant to this part 5 shows a substantial connection between currency and the acts specified in section
16-13-503
, a rebuttable presumption shall arise that said currency is contraband property. A substantial connection exists if:
(a)
Currency in the aggregate amount of one thousand dollars or more was seized at or close to the time of the occurrence of the subject act or of the recovery of evidence of the subject act; and
(b)
(I)
Said amount of currency was seized on the same premises or in the same vehicle where the subject acts occurred or where evidence of said acts was developed or recovered; or
(II)
Said amount of currency was seized from the possession or control of a person engaged in said acts; or
(III)
Traces of a controlled substance were discovered on the currency or an animal trained in the olfactory detection of controlled substances indicated the presence of the odor of a controlled substance on the currency as testified to by an expert witness.
(1.5)
Notwithstanding any other provision of this part 5 to the contrary, the plaintiff shall have the burden of proving, by clear and convincing evidence, only the facts that give rise to the presumption that currency is contraband property pursuant to subsection (1) of this section. However, when a preponderance of credible evidence is adduced to rebut a presumption that has arisen pursuant to subsection (1) of this section, the burden of proof shall revert to the plaintiff to prove, by clear and convincing evidence, the elements of the plaintiff's case with respect to the currency.
(2)
The provisions of subsection (1) of this section shall not be construed so as to limit the introduction of any other competent evidence offered to prove that seized currency is contraband property.
L. 87: Entire section added, p. 644, § 24, effective July 1. L. 2003: IP(1) amended and (1.5) added, p. 896, § 7, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 5 - COLORADO CONTRABAND FORFEITURE ACT (§§ 16-13-501 — 16-13-511) › Section 16-13-510 - Money placed in account

Currency seized pursuant to this part 5 may be placed in an interest-bearing account during the proceedings pursuant to this part 5 if so ordered by the court upon the motion of any party. Photocopies of portions of the bills shall serve as evidence at all hearings. The account and all interest accrued shall be forfeited or returned to the prevailing party in lieu of the currency.
L. 87: Entire section added, p. 644, § 24, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 5 - COLORADO CONTRABAND FORFEITURE ACT (§§ 16-13-501 — 16-13-511) › Section 16-13-511 - Severability

If any provision of this part 5 is found by a court of competent jurisdiction to be unconstitutional, the remaining provisions of this part 5 are valid, unless it appears to the court that the valid provisions of this part 5 are so essentially and inseparably connected with, and so dependent upon, the void provision that it cannot be presumed that the general assembly would have enacted the valid provisions without the void provision or unless the court determines that the valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent of this part 5.
L. 87: Entire section added, p. 644, § 24, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 6 - RECEIPT OF FEDERALLY FORFEITED PROPERTY (§ 16-13-601) › Section 16-13-601 - Receipt of federally forfeited property

Any agency charged with the enforcement of the laws of this state, including the Colorado National Guard when participating in operations pursuant to the drug interdiction and enforcement plan required by part 13 of article
3
of title
28
, C.R.S., is authorized to accept, receive, dispose of, and expend the property or proceeds from any property forfeited to the federal government and allocated to such agency by the United States attorney general pursuant to
21 U.S.C. sec. 881(e)
. Such revenues shall be in addition to the moneys appropriated to such law enforcement agency by the general assembly or any unit of local government. Said property or proceeds may be credited to any lawfully created fund designated to receive proceeds of forfeitures. Any proceeds received pursuant to this section are exempt from the distribution requirements of section
16-13-311(3)(a)
.
L. 86: Entire part added, p. 750, § 1, effective April 3. L. 2002: Entire section amended, p. 929, § 12, effective July 1. L. 2007: Entire section amended, p. 444, § 2, effective August 3.
For the legislative declaration contained in the 2007 act amending this section, see section 1 of chapter 117, Session Laws of Colorado 2007.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 8 - [Repealed] (§ 16-13-801) › Section 16-13-801 - to 16-13-812 - [Repealed]

L. 2002: Entire part repealed, p. 1463, § 3, effective October 1.
This part 8 was added in 1998. The provisions of this part 8 were relocated to part 10 of article
1.3
of title
18
.
For the legislative declaration contained in the 2002 act repealing this part 8, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 9 - COMMUNITY NOTIFICATION CONCERNING SEXUALLY VIOLENT PREDATORS (§§ 16-13-901 — 16-13-906) › Section 16-13-901 - Legislative declaration

The general assembly hereby finds that persons who are convicted of offenses involving unlawful sexual behavior and who are identified as sexually violent predators pose a high enough level of risk to the community that persons in the community should receive notification concerning the identity of these sexually violent predators. The general assembly also recognizes the high potential for vigilantism that often results from community notification and the dangerous potential that the fear of such vigilantism will drive a sex offender to disappear and attempt to live without supervision. The general assembly therefore finds that sex offender notification should only occur in cases involving a high degree of risk to the community and should only occur under carefully controlled circumstances that include providing additional information and education to the community concerning supervision and treatment of sex offenders.
L. 99: Entire part added, p. 1151, § 17, effective July 1. L. 2006: Entire section amended, p. 1311, § 1, effective May 30.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 9 - COMMUNITY NOTIFICATION CONCERNING SEXUALLY VIOLENT PREDATORS (§§ 16-13-901 — 16-13-906) › Section 16-13-902 - Definitions

As used in this part 9, unless the context otherwise requires:
(1)
"Department" means the department of corrections created in section
24-1-128.5
, C.R.S.
(2)
"Management board" means the sex offender management board created in section
16-11.7-103
.
(3)
"Parole board" means the state board of parole created in section
17-2-201
, C.R.S.
(4)
"Sex offender" means a person sentenced pursuant to part 10 of article
1.3
of title
18
, C.R.S.
(5)
"Sexually violent predator" means a sex offender who is identified as a sexually violent predator pursuant to section
18-3-414.5
, C.R.S., or who is found to be a sexually violent predator or its equivalent in any other state or jurisdiction, including but not limited to a military or federal jurisdiction. For purposes of this subsection (5), "equivalent", with respect to an offender found to be a sexually violent predator or its equivalent, means a sex offender convicted in another state or jurisdiction, including but not limited to a military, tribal, territorial, or federal jurisdiction, who has been assessed or labeled at the highest registration and notification levels in the jurisdiction where the conviction was entered and who satisfies the age, date of offense, and conviction requirements for sexually violent predator status pursuant to Colorado law.
(6)
"Technical assistance team" means the group of persons established by the division of criminal justice pursuant to section
16-13-906
to assist local law enforcement in carrying out community notification and to provide general community education concerning sex offenders.
L. 99: Entire part added, p. 1152, § 17, effective July 1. L. 2006: (5) amended, p. 1311, § 2, effective May 30. L. 2011: (5) amended, (HB 11-1278), ch. 224, p. 959, §1, effective May 27.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 9 - COMMUNITY NOTIFICATION CONCERNING SEXUALLY VIOLENT PREDATORS (§§ 16-13-901 — 16-13-906) › Section 16-13-903 - Sexually violent predator subject to community notification - determination - implementation

(1)
A sexually violent predator shall be subject to community notification as provided in this part 9, pursuant to criteria, protocols, and procedures established by the management board pursuant to section
16-13-904
.
(2)
(Deleted by amendment, L. 2006, p. 1312, § 3, effective May 30, 2006.)
(3)
(a)
When a sexually violent predator is sentenced to probation or community corrections or is released into the community following incarceration, the sexually violent predator's supervising officer, or the official in charge of the releasing facility or his or her designee if there is no supervising officer, shall notify the local law enforcement agency for the jurisdiction in which the sexually violent predator resides or plans to reside upon release from incarceration. The local law enforcement agency shall notify the Colorado bureau of investigation, and the sexually violent predator's status as being subject to community notification shall be entered in the central registry of persons required to register as sex offenders created pursuant to section
16-22-110
.
(b)
When a sexually violent predator living in a community changes residence, upon registration in the new community or notification to the new community's law enforcement agency, that agency shall notify the Colorado bureau of investigation and implement community notification protocols.
(4)
Nothing in this section shall be construed to abrogate or limit the sovereign immunity granted to public entities pursuant to the "Colorado Governmental Immunity Act", article
10
of title
24
, C.R.S.
(5)
A sex offender convicted in another jurisdiction who is designated as a sexually violent predator by the department of public safety for purposes of Colorado law shall be notified of his or her designation and shall have the right to appeal the designation in district court.
L. 99: Entire part added, p. 1152, § 17, effective July 1. L. 2002: (3) amended, p. 1185, § 18, effective July 1. L. 2006: Entire section amended, p. 1312, § 3, effective May 30. L. 2011: (5) added, (HB 11 -1278), ch. 224, p. 959, § 2, effective May 27.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 9 - COMMUNITY NOTIFICATION CONCERNING SEXUALLY VIOLENT PREDATORS (§§ 16-13-901 — 16-13-906) › Section 16-13-904 - Sex offender management board - duties

(1)
The management board, in collaboration with the department of corrections, the judicial department, and the parole board, shall establish and revise when necessary:
(a)
(Deleted by amendment, L. 2006, p. 1312, § 4, effective May 30, 2006.)
(b)
Criteria to be applied by a local law enforcement agency in determining when to carry out a community notification;
(c)
Protocols and procedures for carrying out community notification.
(2)
The management board shall collaborate with the technical assistance team in establishing the protocols and procedures for carrying out community notification. Such protocols and procedures shall be designed to ensure that notice is provided in a manner that is as specific as possible to the population within the community that is at risk. Such protocols and procedures shall also include provision to the community of general information and education concerning sex offenders, including treatment and supervision of sex offenders, and procedures to attempt to minimize the risk of vigilantism.
(3)
(Deleted by amendment, L. 2006, p. 1312, § 4, effective May 30, 2006.)
L. 99: Entire part added, p. 1153, § 17, effective July 1. L. 2000: (1)(b) amended, p. 924, § 15, effective July 1. L. 2006: IP(1), (1)(a), and (3) amended, p. 1312, § 4, effective May 30.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 9 - COMMUNITY NOTIFICATION CONCERNING SEXUALLY VIOLENT PREDATORS (§§ 16-13-901 — 16-13-906) › Section 16-13-905 - Local law enforcement - duties - immunity

(1)
The local law enforcement agency for the jurisdiction in which a sexually violent predator who is subject to community notification resides shall be responsible for carrying out any community notification regarding said sexually violent predator. Such community notification shall only occur under the circumstances and in the manner specified by the management board pursuant to section
16-13-904
. The local law enforcement agency may apply to the division of criminal justice for assistance from the technical assistance team in carrying out any community notification.
(2)
Nothing in this section shall be construed to abrogate or limit the sovereign immunity granted to public entities pursuant to the "Colorado Governmental Immunity Act", article
10
of title
24
, C.R.S.
L. 99: Entire part added, p. 1154, § 17, effective July 1. L. 2006: (2) amended, p. 1313, § 5, effective May 30.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 9 - COMMUNITY NOTIFICATION CONCERNING SEXUALLY VIOLENT PREDATORS (§§ 16-13-901 — 16-13-906) › Section 16-13-906 - Division of criminal justice - technical assistance team

(1)
The division of criminal justice of the department of public safety shall establish a technical assistance team to provide assistance to local law enforcement agencies in carrying out community notification. The technical assistance team shall include persons with expertise in sex offender management, sex offender supervision, and law enforcement.
(2)
The technical assistance team shall also be available upon request to assist communities in providing general information concerning sex offenders, including treatment, management, and supervision of sex offenders within society. Such education may be provided in situations that are not related to the provision of notice concerning a specific sexually violent predator.
(3)
Nothing in this section shall be construed to abrogate or limit the sovereign immunity granted to public entities pursuant to the "Colorado Governmental Immunity Act", article
10
of title
24
, C.R.S.
L. 99: Entire part added, p. 1154, § 17, effective July 1. L. 2000: (3) added, p. 924, § 16, effective July 1. L. 2006: (3) amended, p. 1313, § 6, effective May 30.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 10 - RESENTENCING HEARING FOR JUVENILE OFFENDERS SERVING LIFE SENTENCES (§§ 16-13-1001 — 16-13-1002) › Section 16-13-1001 - Legislative declaration

(1)
The general assembly finds that:
(a)
(I)
In the 2012 case of
Miller v. Alabama,
the United States supreme court held that imposing a mandatory life sentence without the possibility of parole on a juvenile is a cruel and unusual punishment prohibited by the eighth amendment to the United States constitution; and
(II)
The court further held that children are constitutionally different than adults for purposes of sentencing; and
(b)
(I)
In the 2016 case of
Montgomery v. Louisiana,
the court held that
Miller v. Alabama
announced a substantive rule of constitutional law that applies retroactively; and
(II)
In light of the court's holding that children are constitutionally different than adults in their level of culpability, the court further held that prisoners serving life sentences for crimes that they committed as juveniles must be given the opportunity to show that their crimes did not reflect irreparable corruption, and, if they did not, then their hope for some years of life outside prison walls must be restored; and
(III)
The court made it clear that a sentence to a lifetime in prison is an unconstitutional sentence for all but the rarest of children.
(2)
The general assembly further finds that:
(a)
A juvenile sentenced in Colorado for a conviction of a class 1 felony as a result of a direct file or transfer of an offense committed on or after July 1, 1990, and before July 1, 2006, was sentenced to a mandatory life sentence without the possibility of parole; and
(b)
Approximately fifty persons in Colorado received such an unconstitutional sentence.
(3)
Now, therefore, the general assembly hereby declares that this part 10 is necessary to provide persons serving such unconstitutional sentences the opportunity for resentencing.
Added by 2016 Ch. 353,§ 5, eff. 6/10/2016.
L. 2016: Entire part added, (SB 16-181), ch. 353, p. 1450, § 5, effective June 10.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 13 - SPECIAL PROCEEDINGS (§§ 16-13-101 — 16-13-1002) › Part 10 - RESENTENCING HEARING FOR JUVENILE OFFENDERS SERVING LIFE SENTENCES (§§ 16-13-1001 — 16-13-1002) › Section 16-13-1002 - Resentencing hearing for persons serving life sentences without the possibility of parole as the result of a direct file or transfer

(1)
A person may petition the sentencing court for a resentencing hearing if the person was:
(a)
A juvenile at the time of his or her offense;
(b)
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
or pursuant to either of these sections as they existed prior to their repeal and reenactment, with amendments, by House Bill 96-1005; and
(c)
Sentenced to life imprisonment without the possibility of parole for an offense committed on or after July 1, 1990, and before July 1, 2006.
(2)
If a petition is filed pursuant to subsection (1) of this section, the sentencing court shall conduct a resentencing hearing and resentence the offender as described in section
18-1.3-401 (4)(c)
, C.R.S.
(3)
The provisions of sections
17-22.5-403 (2)(c)
and
17-22.5-405
(1.2), C.R.S., take effect upon resentencing.
(4)
A petition filed under this section is not a motion under rule 35 (c) of the Colorado rules of criminal procedure.
Amended by 2021 Ch. 136, § 27, eff. 10/1/2021.
Added by 2016 Ch. 353, § 5, eff. 6/10/2016.
L. 2016: Entire part added, (SB 16-181), ch. 1451, p. 1451, § 5, effective June 10. L. 2021: IP(1) and (1)(b) amended, (SB 21-059), ch. 714, p. 714, § 27, effective October 1.