reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 11 - PRESERVATION OF DNA EVIDENCE (§§ 18-1-1101 — 18-1-1109) › Section 18-1-1109 - [Repealed]

L. 2009: Entire part R&RE, (HB 09-1121), ch. 20, p. 102, §1, effective March 18.
(1) This section was similar to former § 18-1-1104 as it existed prior to 2009.
(2) Subsection (4) provided for the repeal of this section, effective July 1, 2010. (See L. 2009, p. 102.)
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18-1.3-101 — 18-1.3-1407) › Part 1 - ALTERNATIVES IN SENTENCING (§§ 18-1.3-101 — 18-1.3-107) › Section 18-1.3-101.5 - [Repealed]

Repealed by subsection (7), eff. 6/30/2022.
Amended by 2020 Ch. 212, § 1, eff. 6/30/2020.
Amended by 2019 Ch. 119, § 1, eff. 4/16/2019.
Added by 2018 Ch. 320, § 1, eff. 5/30/2018.
L. 2018: Entire section added, (SB 18-249), ch. 320, p. 1921, § 1, effective May 30.
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18-1.3-101 — 18-1.3-1407) › Part 1 - ALTERNATIVES IN SENTENCING (§§ 18-1.3-101 — 18-1.3-107) › Section 18-1.3-103 - [Repealed]

L. 2002: Entire article added with relocations, p. 1367, § 2, effective October 1.
(1) This section was similar to former § 16-7-403.7 as it existed prior to 2002.
(2) Subsection (6) provided for the repeal of this section, effective July 1, 2006. (See L. 2002, p. 1367.)
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 1 - ALTERNATIVES IN SENTENCING (§§ 18-1.3-101 — 18-1.3-107) › Section 18-1.3-103.4 - Senate Bill 13-250 - legislative intent - clarification of internal reference to level 4 drug felonies

The intent of the general assembly in enacting Senate Bill 13-250 was to allow courts, for offenses committed on and after October 1, 2013, to vacate certain level 4 drug felony convictions and enter misdemeanor convictions if the offender completes community-based sentencing. While the term "level 4 drug felony" to which section
18-1.3-103.5(3)(b)
refers was described in section
18-18-405(2)(c)(II)
of the introduced version of Senate Bill 13-250, an amendment to the bill during the legislative process moved the level 4 drug felony description to section
18-18-405(2)(d)
. The conforming change was not made to the internal reference in section
18-1.3-103.5(3)(b)
, resulting in an incorrect internal reference being published in the 2013 version of the Colorado Revised Statutes. When enacting Senate Bill 13-250, it was the intent of the general assembly that the level 4 drug felonies to which section
18-1.3-103.5(3)(b)
refers be those described in section
18-18-405(2)(d)
. Accordingly, by the passage of Senate Bill 14-163, enacted in 2014, the general assembly corrects the internal reference found in section
18-1.3-103.5(3)(b)
. The correction to the internal reference is effective as of the effective date of Senate Bill 13-250, October 1, 2013, and applies to offenses committed on or after October 1, 2013.
Amended by 2018 Ch. 274,§ 22, eff. 5/29/2018.
Added by 2014 Ch. 391,§ 7, eff. 6/6/2014.
L. 2014: Entire section added, (SB 14-163), ch. 391, p. 1970, § 7, effective June 6. L. 2018: Entire section amended, (HB 18-1375), ch. 274, p. 1701, § 22, effective May 29.
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 1 - ALTERNATIVES IN SENTENCING (§§ 18-1.3-101 — 18-1.3-107) › Section 18-1.3-104.5 - Alternatives in imposition of sentence in drug felony cases - exhaustion of remedies

(1)
The general assembly finds that it is essential in certain level 4 drug felony cases that the court consider all sentencing options to ensure that the state's costly prison resources are used for those offenders for whom another sentence is not appropriate or will not properly meet the goals of community safety and rehabilitation of the offender.
(2)
(a)
Prior to the imposition of any sentence to the department of corrections for a level 4 drug felony offense at sentencing or at resentencing after a revocation of probation or community corrections sentence, the court shall exhaust all reasonable and appropriate alternative sentences for the offense considering all factors outlined in paragraph (b) of this subsection (2).
(b)
If the court sentences the defendant to the department of corrections for a level 4 drug felony offense, it must determine that incarceration is the most suitable option given the facts and circumstances of the case, including the defendant's willingness to participate in treatment. Further, the court must also determine that all other reasonable and appropriate sanctions and responses to the violation that are available to the court have been tried and failed, do not appear likely to be successful if tried, or present an unacceptable risk to public safety.
(c)
In making the determination in paragraph (b) of this subsection (2), the court shall review, to the extent available, the information provided by the supervising agency, which includes, but is not limited to, a complete statement as to what treatment and sentencing options have been tried and have failed, what other community options are available and the reasons why any other available community options appear to be unlikely to be successful. The supervising agency shall provide to the court the risk level of the offender as determined by an evidence-based risk assessment tool employed by the supervising agency and any other information relevant to the defendant's risk to public safety.
Added by 2013 Ch. 333,§ 2, eff. 10/1/2013.
L. 2013: Entire section added, (SB 13-250), ch. 333, p. 1902, § 2, effective October 1.
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 2 - PROBATION (§§ 18-1.3-201 — 18-1.3-213) › Section 18-1.3-202.5 - Veterans court probation supervision

(1)
If the defendant is a veteran or is currently serving in the United States armed forces and is suffering from a diagnosable mental health condition that is related to the veteran's military service and the jurisdiction of trial does not have a veterans treatment court, the defendant, with the consent of the district attorney and any victim in a victim's rights case, may petition the court to transfer the supervision of any post disposition of the case to a jurisdiction with a veterans treatment court.
(2)
A defendant filing a petition pursuant to subsection (1) of this section must identify the jurisdiction where the supervision of the probation in the case may be transferred and the services or supports available in that jurisdiction's veterans treatment court that the defendant is seeking to access.
(3)
When a court receives a petition pursuant to subsection (1) of this section, the court shall confer with the judge administering the veterans treatment court in the jurisdiction identified in the petition and the district attorney of the jurisdiction identified in the petition. The court may grant the petition to transfer the supervision of probation in the case if the veterans treatment court and the district attorney in the hosting jurisdiction consent to the transfer and that jurisdiction has the current ability to provide the resources and support necessary to responsibly accept the transfer.
(4)
If the host jurisdiction files a motion for revocation of the veterans treatment court program probation, the host jurisdiction shall conduct the revocation hearing. If probation is revoked, the host jurisdiction shall refer the matter to the original jurisdiction for resentencing.
(5)
Nothing in this section prohibits the host jurisdiction from utilizing program policies related to minor violations that are typically addressed through graduated sanctions.
Added by 2021 Ch. 214,§2, eff. 9/7/2021.
2021 Ch. 214, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 2 - PROBATION (§§ 18-1.3-201 — 18-1.3-213) › Section 18-1.3-205 - Restitution as a condition of probation

As a condition of every sentence to probation, the court shall order that the defendant make full restitution pursuant to the provisions of part 6 of this article and article
18.5
of title
16
, C.R.S. Such order shall require the defendant to make restitution within a period of time specified by the court. Such restitution shall be ordered by the court as a condition of probation.
L. 2002: Entire article added with relocations, p. 1382, § 2, effective October 1.
This section is similar to former § 16-11-204.5 as it existed prior to 2002.
For administrative proceedings to compensate victims of crime, see article 4.1 of title 24; for restitution as a condition of parole, see § 17-2-201(5)(c); for restitution to victims of crime generally, see article 28 of title 17; for charges for bad checks received as a restitution payment ordered as a condition of a plea agreement, see § 16-7-304; for charges for bad checks received as a restitution payment ordered as a condition of a deferred prosecution or deferred sentence, see § 16-7-404; for restitution by delinquent children under the "Colorado Children's Code", see § 19-2-918.
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 2 - PROBATION (§§ 18-1.3-201 — 18-1.3-213) › Section 18-1.3-206 - Repayment of crime stopper reward as a condition of probation

(1)
As a condition of every sentence to probation where information received through a crime stopper organization led to the arrest and felony conviction of a defendant, the court may require such defendant, as a condition of probation, to repay all or part of any reward paid by such organization. The amount of such repayment shall not exceed the actual reward paid by any crime stopper organization and shall be used solely for paying rewards. The court shall fix the manner and time of repayment.
(2)
In the event the defendant fails to repay the crime stopper reward in accordance with an order of the court, the defendant shall be returned to the sentencing court and the court, upon proof of failure to pay, may:
(a)
Modify the amount of the repayment;
(b)
Extend the period of probation;
(c)
Order the defendant committed to jail with work release privileges; or
(d)
Revoke probation and impose the sentence otherwise required by law.
(3)
When, as a result of a plea bargain agreement, a defendant is ordered to repay a reward pursuant to subsection (1) of this section, the department or agency supervising the collection of such repayment may assess a charge of fifteen dollars to the defendant for collection of each bad check or each bad check received as a repayment.
(4)
Any order for the repayment of all or part of a crime stopper reward as a condition of probation shall be prioritized in accordance with section
18-1.3-204
(2.5).
(5)
As used in this section, unless the context otherwise requires:
(a)
"Bad check" has the same meaning provided in section
16-7-404
.
(b)
"Crime stopper organization" has the same meaning provided in section
16-15.7-102(1)
, C.R.S.
L. 2002: Entire article added with relocations, p. 1382, § 2, effective October 1.
This section is similar to former § 16-11-204.6 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 2 - PROBATION (§§ 18-1.3-201 — 18-1.3-213) › Section 18-1.3-209 - Substance abuse assessment required

(1)
Each person convicted of a felony committed on or after July 1, 1992, and each person convicted of a misdemeanor or petty offense on or after July 1, 2008, who is to be considered for probation or a deferred judgment and sentence that includes supervision by the probation department, shall be required to submit to an assessment for the use of controlled substances or alcohol developed pursuant to section
16-11.5-102(1)(a)
, C.R.S., as part of the presentence or probation investigation required pursuant to section
16-11-102
, C.R.S., or, if the investigation is waived pursuant to section
16-11-102(4)
, C.R.S., and the person is sentenced to probation or supervised by a probation officer, then as a part of intake.
(2)
The court shall order each person required to submit to an assessment pursuant to subsection (1) of this section to comply with the recommendations of the alcohol and drug assessment. If the person is sentenced to probation, a deferred judgment and sentence that includes supervision by the probation department, or any other sentence except a sentence only to jail, the person shall be ordered to comply with the recommendations as a condition or as part of the sentence imposed, at the person's own expense, unless the person is indigent.
(3)
The assessment required by subsection (1) of this section shall be at the expense of the person assessed, unless the person is indigent.
L. 2002: Entire article added with relocations, p. 1385, § 2, effective October 1. L. 2008: Entire section amended, p. 1714, § 1, effective July 1. L. 2011: (1) amended, (HB 11-1200), ch. 158, p. 544, §1, effective August 10.
This section is similar to former § 16-11.5-103 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 2 - PROBATION (§§ 18-1.3-201 — 18-1.3-213) › Section 18-1.3-210 - Counseling or treatment for alcohol or drug abuse or substance use disorder

(1)
In any case in which treatment or counseling for alcohol or drug abuse or a substance use disorder is authorized in connection with a deferred prosecution, deferred judgment and sentence, or probation, the court may require the defendant to obtain counseling or treatment for the condition. If the court orders the counseling or treatment, the court shall order that the counseling or treatment is obtained from a treatment facility or person approved by the behavioral health administration in the department of human services, unless the court makes a finding that counseling or treatment in another facility or with another person is warranted. If the defendant voluntarily submits the defendant's self for treatment or counseling, the district attorney and the court may consider the defendant's willingness to correct the defendant's condition as a basis for granting deferred prosecution or deferred judgment and sentence.
(2)
Notwithstanding the provisions of subsection (1) of this section, in any case in which treatment or counseling for alcohol or drug abuse or a substance use disorder is authorized and ordered by the court in connection with a deferred prosecution, deferred judgment and sentence, or probation for an offense involving unlawful sexual behavior, as defined in section
16-22-102(9)
, the court shall order that the counseling or treatment is obtained from a treatment facility or person approved by the behavioral health administration in the department of human services.
Amended by 2022 Ch. 222,§26, eff. 7/1/2022.
Amended by 2017 Ch. 263,§139, eff. 5/25/2017.
L. 2002: Entire article added with relocations, p. 1385, § 2, effective October 1. L. 2008: Entire section amended, p. 1715, § 2, effective July 1. L. 2010: Entire section amended, (SB 10-175), ch. 188, p. 785, §29, effective April 29. L. 2017: Entire section amended, (SB 17-242), ch. 263, p. 1305, § 139, effective May 25.
This section is similar to former § 16-7-402 as it existed prior to 2002.
(1) For the duties of the office of behavioral health in the department of human services concerning alcohol and drug abuse or substance use disorders, see article 80 of title 27. (2) For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
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 2 - PROBATION (§§ 18-1.3-201 — 18-1.3-213) › Section 18-1.3-211 - Sentencing of felons - parole of felons - treatment and testing based upon assessment required

(1)
Each person sentenced by the court for a felony committed on or after July 1, 1992, is required, as a part of any sentence to probation, community corrections, or incarceration with the department of corrections, to undergo periodic testing and treatment for substance abuse that is appropriate to the felon based upon the recommendations of the assessment made pursuant to section
18-1.3-209
, or based upon any subsequent recommendations by the department of corrections, the judicial department, or the division of criminal justice in the department of public safety, whichever is appropriate. Any testing or treatment must be at a facility or with a person approved by the behavioral health administration in the department of human services and at the felon's own expense, unless the felon is indigent.
(2)
Each person placed on parole by the state board of parole on or after July 1, 1992, is required, as a condition of parole, to undergo periodic testing and treatment for substance abuse that is appropriate to the parolee based upon the recommendations of the assessment made pursuant to section
18-1.3-209
or any assessment or subsequent reassessment made regarding the parolee during the parolee's incarceration or any period of parole. Any testing or treatment must be at a facility or with a person approved by the behavioral health administration in the department of human services and at the parolee's own expense, unless the parolee is indigent.
Amended by 2022 Ch. 222,§27, eff. 7/1/2022.
Amended by 2017 Ch. 263,§14, eff. 5/25/2017.
L. 2002: Entire article added with relocations, p. 1385, § 2, effective October 1. L. 2010: Entire section amended, (SB 10-175), ch. 188, p. 786, §30, effective April 29. L. 2017: Entire section amended, (SB 17-242), ch. 263, p. 1254, § 14, effective May 25.
This section is similar to former § 16-11.5-104 as it existed prior to 2002.
For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
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 2 - PROBATION (§§ 18-1.3-201 — 18-1.3-213) › Section 18-1.3-212 - Drug testing of offenders by judicial department - pilot program

The judicial department is hereby authorized and directed to develop as soon as possible a pilot program for the drug testing of persons during presentence investigation and on probation. Such program shall include testing of persons during presentence investigation and may include random drug testing when an offender is assigned to specialized treatment and rehabilitation programs.
L. 2002: Entire article added with relocations, p. 1386, § 2, effective October 1.
This section is similar to former § 16-11-102.5 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 2 - PROBATION (§§ 18-1.3-201 — 18-1.3-213) › Section 18-1.3-213 - [Repealed]

Repealed by 2018 Ch. 259,§2, eff. 7/1/2018.
Amended by 2017 Ch. 381,§22, eff. 6/6/2017.
Added by 2013 Ch. 289,§12, eff. 5/24/2013.
L. 2013: Entire section added, (SB 13-123), ch. 289, p. 1550, § 12, effective May 24. L. 2017: (4)(a) amended, (HB 17-1329), ch. 381, p. 1971, § 22, effective June 6. L. 2018: Entire section repealed, (HB 18-1344), ch. 259, p. 1590, § 2, effective July 1.
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 3 - COMMUNITY CORRECTIONS AND SPECIALIZED RESTITUTION AND COMMUNITY SERVICE PROGRAMS (§§ 18-1.3-301 — 18-1.3-303) › Section 18-1.3-303 - [Repealed]

Repealed by 2018 Ch. 259,§2, eff. 7/1/2018.
Amended by 2017 Ch. 381,§23, eff. 6/6/2017.
Added by 2013 Ch. 289,§13, eff. 5/24/2013.
L. 2013: Entire section added, (SB 13-123), ch. 289, p. 1553, § 13, effective May 24. L. 2017: (4)(a) amended, (HB 17-1329), ch. 381, p. 1971, § 23, effective June 6. L. 2018: Entire section repealed, (HB 18-1344), ch. 259, p. 1590, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1.3 - SENTENCING IN CRIMINAL CASES (§§ 18-1.3-101 — 18-1.3-1407) › Part 4 - SENTENCES TO IMPRISONMENT (§§ 18-1.3-401 — 18-1.3-410) › Section 18-1.3-402 - Felony offenses not classified

(1)
Any felony defined by state statute without specification of its class shall be punishable as provided in the statute defining it. For felony offenses committed on or after July 1, 1993, if the sentencing court sentences an offender to incarceration pursuant to the provisions of this section, the sentencing court shall also impose a mandatory period of parole of two years.
(2)
Every sentence entered under this section shall include consideration of restitution as required by part 6 of this article and by article
18.5
of title
16
, C.R.S.
L. 2002: Entire article added with relocations, p. 1402, § 2, effective October 1.
This section is similar to former § 18-1-108 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 4 - SENTENCES TO IMPRISONMENT (§§ 18-1.3-401 — 18-1.3-410) › Section 18-1.3-403 - Penalty for felony not fixed by statute - punishment

(1)
In all cases where an offense is denominated by statute as being a felony and no penalty is fixed in the statute therefor, the punishment shall be imprisonment for not more than five years in a correctional facility, as defined in section
17-1-102
, C.R.S., or a fine of not more than fifteen thousand dollars, or both such imprisonment and fine. For offenses committed on or after July 1, 1985, a fine of not more than one hundred thousand dollars may be levied. For offenses committed on or after July 1, 1993, if the sentencing court sentences an offender to incarceration pursuant to the provisions of this section, the sentencing court shall also impose a mandatory period of parole of two years.
(2)
Every sentence entered under this section shall include consideration of restitution as required by part 6 of this article and by article
18.5
of title
16
, C.R.S.
L. 2002: Entire article added with relocations, p. 1402, § 2, effective October 1.
This section is similar to former § 18-1-109 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 4 - SENTENCES TO IMPRISONMENT (§§ 18-1.3-401 — 18-1.3-410) › Section 18-1.3-404 - Duration of sentences for felonies

(1)
Unless otherwise provided by law and except as otherwise provided in the "Colorado Children's Code", title 19, C.R.S., courts sentencing any person for the commission of a felony to the custody of the executive director of the department of corrections shall fix a definite term as provided by section
18-1.3-401
. The persons so sentenced shall be imprisoned and discharged as provided by other applicable statutes. No person sentenced to a correctional facility for the commission of a felony shall be subjected to imprisonment for a term exceeding the term provided by the statute fixing the length of the sentence for the crime of which the person was convicted and for which the person was sentenced.
(2)
(a)
If a court sentences a defendant to the custody of the department of corrections, the court shall, after fixing a definite term of imprisonment, read the following statement:
"The defendant may spend less time incarcerated than the term announced here today. The actual time served will be influenced by a number of factors including, but not limited to, previous criminal activities, eligibility for earned time for good behavior, correctional education program earned time, credit for time served, or community corrections eligibility."
(b)
By requiring the court to read the statement contained in paragraph (a) of this subsection (2), the general assembly does not intend to grant any additional rights to the defendant. Failure of a court to comply with the requirements of paragraph (a) of this subsection (2) shall not be grounds for a defendant to withdraw a guilty plea or in any way gain a reversal of a conviction or reduction in sentence.
(2.5)
If a court sentences a defendant to the custody of the department of corrections and the defendant was under twenty-one years of age when the offense was committed, the court shall make a statement that there is the possibility of the defendant being eligible to serve a portion of the defendant's sentence in the department of corrections specialized program created pursuant to section
17-34-102
.
(3)
(a)
Nothing in subsection (2) of this section shall be construed to affect the duties otherwise imposed by law on the court or on the executive director of the department of corrections.
(b)
Nothing in subsection (2) of this section shall be construed to limit, expand, or otherwise affect any provision of law concerning the availability, administration, entitlement, or award of good time credits and earned time credits.
Amended by 2021 Ch. 448,§5, eff. 9/7/2021.
L. 2002: Entire article added with relocations, p. 1403, § 2, effective October 1. L. 2021: (2.5) added, (HB 21-1209), ch. 2952, p. 2952, § 5, effective September 7.
This section is similar to former § 16-11-302 as it existed prior to 2002.
2021 Ch. 448, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1.3 - SENTENCING IN CRIMINAL CASES (§§ 18-1.3-101 — 18-1.3-1407) › Part 4 - SENTENCES TO IMPRISONMENT (§§ 18-1.3-401 — 18-1.3-410) › Section 18-1.3-405 - Credit for presentence confinement

A person who is confined for an offense prior to the imposition of sentence for said offense is entitled to credit against the term of his or her sentence for the entire period of such confinement. At the time of sentencing, the court shall make a finding of the amount of presentence confinement to which the offender is entitled and shall include such finding in the mittimus. The period of confinement shall be deducted from the sentence by the department of corrections. A person who is confined pending a parole revocation hearing is entitled to credit for the entire period of such confinement against any period of reincarceration imposed in the parole revocation proceeding. The period of confinement shall be deducted from the period of reincarceration by the department of corrections. If a defendant is serving a sentence or is on parole for a previous offense when he or she commits a new offense and he or she continues to serve the sentence for the previous offense while charges on the new offense are pending, the credit given for presentence confinement under this section shall be granted against the sentence the defendant is currently serving for the previous offense and shall not be granted against the sentence for the new offense.
L. 2002: Entire article added with relocations, p. 1403, § 2, effective October 1. L. 2009: Entire section amended, (HB 09-1263), ch. 105, p. 383, §3, effective August 5.
This section is similar to former § 16-11-306 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 4 - SENTENCES TO IMPRISONMENT (§§ 18-1.3-401 — 18-1.3-410) › Section 18-1.3-408 - Determinate sentence of imprisonment imposed by court

When a person has been convicted of a felony and a sentence of imprisonment imposed, the court imposing the sentence shall fix a definite term of imprisonment, which shall be not longer than the terms authorized in section
18-1.3-401
; except that, for persons convicted on or after November 1, 1998, of a sex offense, as defined in section
18-1.3-1003(5)
, the court shall impose an indeterminate sentence as provided in part 10 of this article.
L. 2002: Entire article added with relocations, p. 1413, § 2, effective October 1.
This section is similar to former § 16-11-304 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 4 - SENTENCES TO IMPRISONMENT (§§ 18-1.3-401 — 18-1.3-410) › Section 18-1.3-409 - Concurrent or consecutive sentences - court to clarify sentencing in mittimus

Before remitting any mittimus to the department of corrections sentencing a defendant to the custody of the department, a court shall confirm that the mittimus properly reflects the sentencing order of the court and includes all necessary information regarding the sentence and any information as to whether a sentence is to be served concurrent with, or consecutive to, the sentence for any other count or any other case.
Added by 2013 Ch. 325,§ 2, eff. 5/28/2013.
L. 2013: Entire section added, (HB 13-1323), ch. 325, p. 1817, § 2, effective May 28.
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 5 - MISDEMEANOR AND PETTY OFFENSE SENTENCING (§§ 18-1.3-501 — 18-1.3-510) › Section 18-1.3-502 - Duration of sentences for misdemeanors

Courts sentencing a person for the commission of a misdemeanor to the custody of the executive director of the department of corrections shall not fix a minimum term but may fix a maximum term less than the maximum provided by law for the offense. A person so sentenced must be imprisoned, released under parole, and discharged as provided by other applicable statutes. A person sentenced to a correctional facility for the commission of a misdemeanor shall not be subjected to imprisonment for a term exceeding the maximum term provided by the statute fixing the maximum length of the sentence for the crime of which the person was convicted and for which the person was sentenced. A person sentenced to a term of imprisonment for the commission of a misdemeanor is entitled to the same time credits as if the person were sentenced to a term of imprisonment for the commission of a felony. A person committed as a juvenile delinquent shall not be imprisoned for a term exceeding two years, except as otherwise provided for aggravated juvenile offenders in section
19-2.5-1127
.
Amended by 2021 Ch. 136, § 45, eff. 10/1/2021.
L. 2002: Entire article added with relocations, p. 1416, § 2, effective October 1. L. 2021: Entire section amended, (SB 21-059), ch. 721, p. 721, § 45, effective October 1.
This section is similar to former § 16-11-302.5 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 5 - MISDEMEANOR AND PETTY OFFENSE SENTENCING (§§ 18-1.3-501 — 18-1.3-510) › Section 18-1.3-503 - Petty offense and civil infraction classified - penalties

(1)
For offenses committed prior to March 1, 2022, a violation of a statute of this state is a petty offense if specifically classified as a class 1 or class 2 petty offense. The penalty for commission of a class 1 petty offense, upon conviction, is a fine of not more than five hundred dollars, or imprisonment for not more than six months other than in state correctional facilities, or both. The penalty for commission of a class 2 petty offense is a fine specified in the section defining the offense. The penalty assessment procedure of section
16-2-201
is available for the payment of fines in class 2 petty offense cases.
(1.5)
For offenses committed on or after March 1, 2022, a violation of a statute of this state is a petty offense if specifically classified as a petty offense. The penalty for commission of a petty offense, upon conviction, is a fine of not more than three hundred dollars, imprisonment for not more than ten days in a county jail, or both.
(1.6)
(a)
For offenses committed on or after March 1, 2022, a violation of a statute of this state is a civil infraction if specifically classified as a civil infraction. The penalty for commission of a civil infraction, upon conviction, is a fine of not more than one hundred dollars, unless otherwise provided by statute. A civil infraction constitutes a civil matter.
(b)
A peace officer may apply the penalty assessment notice procedure in section
16-2.3-102
for the payment of a fine in a civil infraction case.
(2)
Every sentence entered under this section shall include consideration of restitution as required by part 6 of this article and by article
18.5
of title
16
, C.R.S.
Amended by 2022 Ch. 68, § 18, eff. 3/1/2022.
Amended by 2021 Ch. 462, § 187, eff. 3/1/2022.
L. 2002: Entire article added with relocations, p. 1416, § 2, effective October 1. L. 2021: (1) amended and (1.5) and (1.6) added, (SB 21-271), ch. 3170, p. 3170, § 187, effective 3/1/2022.
(1) This section is similar to former § 18-1-107 as it existed prior to 2002.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 5 - MISDEMEANOR AND PETTY OFFENSE SENTENCING (§§ 18-1.3-501 — 18-1.3-510) › Section 18-1.3-504 - Misdemeanors and petty offenses not classified

(1)
Any misdemeanor or petty offense defined by state statute without specification of its class shall be punishable as provided in the statute defining it.
(2)
Every sentence entered under this section shall include consideration of restitution as required by part 6 of this article and by article
18.5
of title
16
, C.R.S.
L. 2002: Entire article added with relocations, p. 1416, § 2, effective October 1.
This section is similar to former § 18-1-108 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 5 - MISDEMEANOR AND PETTY OFFENSE SENTENCING (§§ 18-1.3-501 — 18-1.3-510) › Section 18-1.3-505 - Penalty for misdemeanor not fixed by statute - punishment

(1)
In all cases where an offense is denominated a misdemeanor and no penalty is fixed in the statute therefor, the punishment shall be imprisonment for not more than three hundred sixty-four days in the county jail, or a fine of not more than one thousand dollars, or both imprisonment and fine.
(2)
Every sentence entered under this section shall include consideration of restitution as required by part 6 of this article and by article
18.5
of title
16
, C.R.S.
Amended by 2019 Ch. 59,§ 3, eff. 8/2/2019.
L. 2002: Entire article added with relocations, p. 1416, § 2, effective October 1.
This section is similar to former § 18-1-109 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 5 - MISDEMEANOR AND PETTY OFFENSE SENTENCING (§§ 18-1.3-501 — 18-1.3-510) › Section 18-1.3-506 - Payment and collection of fines for class 1 or 2 misdemeanors, petty offenses, and civil infractions - release from incarceration

(1)
Whenever the court imposes a fine for a nonviolent class 1 or 2 misdemeanor, a petty offense, or civil infraction, if the person who committed the offense is unable to pay the fine at the time of the court hearing or if he or she fails to pay any fine imposed for the commission of such offense, in order to guarantee the payment of such fine, the court may:
(a)
Require the person to post sufficient bond or collateral; or
(b)
Enter a judgment in favor of the state or political subdivision to whom the fine is owed and enter an order based on such judgment for the garnishment of the person's earnings in accordance with the provisions of either article 54 or 54.5 of title 13, C.R.S., for the purpose of collecting said fine and the costs incurred in collecting said fine; or
(c)
Enter a judgment in favor of the state or political subdivision to whom the fine is owed and execute a lien based on such judgment on any chattels, lands, tenements, moneys, and real estate of the person in accordance with article
52
of title
13
, C.R.S., for the purpose of collecting said fine and the costs incurred in collecting said fine.
(2)
The state or a political subdivision may appear before a court of record in this state and request that the court order the release from a county jail or a correctional facility of a person who has been incarcerated as a result of the failure to pay a fine or the failure to appear in court in connection with the commission of a nonviolent class 1 or 2 misdemeanor or a petty offense upon the condition that the fine and any costs of collection are collected from the person incarcerated by the use of one of the methods set forth in subsection (1) of this section.
(3)
For the purposes of this section, "nonviolent class 1 or 2 misdemeanor" means a class 1 or 2 misdemeanor that does not involve cruelty to an animal, as described in section
18-9-202 (1)(a)
, or the use or threat of physical force on or to a person in the commission of the misdemeanor.
Amended by 2021 Ch. 462, § 188, eff. 3/1/2022.
L. 2002: Entire article added with relocations, p. 1417, § 2, effective October 1. L. 2021: IP(1), (2), and (3) amended, (SB 21-271), ch. 3171, p. 3171, § 188, effective 3/1/2022.
(1) This section is similar to former § 18-1-110 as it existed prior to 2002.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 5 - MISDEMEANOR AND PETTY OFFENSE SENTENCING (§§ 18-1.3-501 — 18-1.3-510) › Section 18-1.3-507.5 - Useful public service cash fund created

(1)
The useful public service cash fund, referred to within this section as the "fund", is created in the state treasury. The fund consists of money collected as fees and credited to the fund pursuant to subsection (3) of this section and any other money that the general assembly may appropriate or transfer to the fund. Money in the fund is continuously appropriated to the judicial department for the cost of administering useful public service programs and associated costs for personal services; except that the fund is subject to the limitations on uncommitted reserves described in section
24-75-402
.
(2)
The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and may not be transferred to the general fund or to another fund.
(3)
In counties where the judicial department operates a useful public service program as provided in section
18-1.3-507
,
18-18-432
, or
42-4-1301.4
, the court shall collect any money assessed as fees pursuant to such sections and transfer such money to the state treasurer, who shall credit the money to the fund.
Added by 2017 Ch. 222,§ 2, eff. 8/9/2017.
L. 2017: Entire section added, (HB 17-1077), ch. 222, p. 859, § 2, effective August 9.
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 5 - MISDEMEANOR AND PETTY OFFENSE SENTENCING (§§ 18-1.3-501 — 18-1.3-510) › Section 18-1.3-508 - Definite sentence not void

If, through oversight or otherwise, any person is sentenced or committed to the custody of the executive director of the department of corrections for the commission of a misdemeanor for a definite period of time, the sentence or commitment shall not for that reason be void, but the person so sentenced or committed shall be subject to the liabilities and entitled to the benefits which are applicable to those persons who are properly sentenced.
L. 2002: Entire article added with relocations, p. 1419, § 2, effective October 1.
This section is similar to former § 16-11-303 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 5 - MISDEMEANOR AND PETTY OFFENSE SENTENCING (§§ 18-1.3-501 — 18-1.3-510) › Section 18-1.3-509 - Credit for time served on misdemeanor sentences

A person who is confined for a misdemeanor offense prior to the imposition of a sentence for the misdemeanor offense shall be entitled to credit against the term of his or her sentence for the entire period of the confinement. At the time of sentencing, the court shall make a finding of the amount of presentence confinement to which the offender is entitled and shall include the finding in the mittimus. The period of confinement shall be deducted from the offender's sentence by the county jail.
L. 2007: Entire section added, p. 558, § 5, effective April 16.
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 6 - RESTITUTION (§§ 18-1.3-601 — 18-1.3-603) › Section 18-1.3-601 - Legislative declaration

(1)
The general assembly finds and declares that:
(a)
Crime victims endure undue suffering and hardship resulting from physical injury, emotional and psychological injury, or loss of property;
(b)
Persons found guilty of causing such suffering and hardship should be under a moral and legal obligation to make full restitution to those harmed by their misconduct;
(c)
The payment of restitution by criminal offenders to their victims is a mechanism for the rehabilitation of offenders;
(d)
Restitution is recognized as a deterrent to future criminality;
(e)
An effective criminal justice system requires timely restitution to victims of crime and to members of the immediate families of such victims in order to lessen the financial burdens inflicted upon them, to compensate them for their suffering and hardship, and to preserve the individual dignity of victims;
(f)
Former procedures for restitution assessment, collection, and distribution have proven to be inadequate and inconsistent from case to case;
(g)
The purposes of this part 6 are to facilitate:
(I)
The establishment of programs and procedures to provide for and collect full restitution for victims of crime in the most expeditious manner; and
(II)
The effective and timely assessment, collection, and distribution of restitution requires the cooperation and collaboration of all criminal justice agencies and departments.
(2)
It is the intent of the general assembly that restitution be ordered, collected, and disbursed to the victims of crime and their immediate families. Such restitution will aid the offender in reintegration as a productive member of society. This part 6 shall be liberally construed to accomplish all such purposes.
L. 2002: Entire article added with relocations, p. 1419, § 2, effective October 1.
This section is similar to former § 16-18.5-101 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 7 - FINES AND COSTS (§§ 18-1.3-701 — 18-1.3-704) › Section 18-1.3-703 - Reimbursement of amounts paid following a vacated conviction or amended order for restitution - petition

(1)
The following persons are eligible under this section for a refund of monetary payments actually paid:
(a)
A defendant whose court-ordered fines, fees, costs, surcharges, restitution, interest, or other monetary amounts resulting from a criminal conviction in a district or county court of this state have been paid if the amount paid relates solely to a conviction:
(I)
That is vacated after postconviction proceedings or is overturned on appeal; and
(II)
The charge on which the conviction was based is dismissed or the person is acquitted of the charge after a new trial;
(b)
A defendant whose court-ordered restitution and interest resulting from a criminal conviction in a district or county court of this state have been paid and:
(I)
The restitution ordered by the court is reversed on appeal; or
(II)
The amount of restitution ordered by the court is reversed on appeal and the restitution, including interest, that has been paid is in excess of the amount upheld on appeal.
(2)
(a)
A defendant may file a written motion in the court in which the conviction was entered for a refund of any monetary amounts described in subsection (1) of this section within one year after the defendant becomes eligible for the refund. The court may only extend the one-year time limit for good cause.
(b)
The defendant bears the burden of proving by a preponderance of the evidence that the amount was actually paid and that the defendant is eligible for a refund pursuant to subsection (1) of this section. If the court finds that the defendant has established eligibility for a refund, the court shall issue an order directing the state court administrator to issue a refund for the total monetary amount found to be due.
(3)
Nothing in this section requires a victim to repay restitution received as a result of a criminal conviction.
Added by 2017 Ch. 70,§ 1, eff. 9/1/2017.
L. 2017: Entire section added, (HB 17-1071), ch. 70, p. 219, § 1, effective September 1.
Section 3 of chapter 70 (HB 17-1071), Session Laws of Colorado 2017, provides that the act adding this section applies to convictions vacated and restitution orders reversed on or after September 1, 2017.
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 7 - FINES AND COSTS (§§ 18-1.3-701 — 18-1.3-704) › Section 18-1.3-704 - Outstanding balances owed by juveniles - report - repeal

(1)
On and after July 6, 2021, the balance of any court-assessed or court-ordered costs imposed pursuant to section
16-11-101.6(1)
,
18-1.3-407
(4.5) or (11.5),
18-1.3-507(6)(a)
,
18-1.3-701(1) or (2)(m)
,
18-21-103
(1.5),
18-25-101(1)
,
21-1-103(3)
,
24-4.1-119(1)(a) or (1)(d)
,
24-4.2-104(1)(a)(I)
, or
42-4-1307(10)
against a juvenile, as defined in section
18-1.3-407(2)(a)(III)(A)
; the parent, guardian, or legal custodian of a juvenile; or other person who is liable for the support of a juvenile are unenforceable and not collectable.
(2)
(a)
Within six months after July 6, 2021, the court shall vacate the portion of a court order imposing the costs described in subsection (1) of this section.
(b)
If the judicial department has referred the outstanding balance of the costs to a private collection agency for collection, the department shall inform the agency that the balance has been vacated and the balance is not collectable.
(c)
On or before July 1, 2022, the state court administrator shall report to the house of representatives' judiciary committee and the senate judiciary committee, or their successor committees, the number of orders vacated or partially vacated pursuant to this section in each judicial district and the amount of the balances vacated in each judicial district.
(3)
This section is repealed, effective June 30, 2025.
Added by 2021 Ch. 461,§22, eff. 7/6/2021.
L. 2021: Entire section added, (HB 21-1315), ch. 3114, p. 3114, § 22, effective July 6.
For the legislative declaration in HB 21-1315, see section 1 of chapter 461, Session Laws of Colorado 2021.