2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › CORRECTIONAL FACILITIES AND PROGRAMS (§§ 17-18-101 — 17-34-102) › PROGRAMS (§§ 17-27-101 — 17-34-102) › Article 34 - SPECIALIZED PROGRAM FOR JUVENILES CONVICTED AS ADULTS (§§ 17-34-101 — 17-34-102) › Section 17-34-101 - Juveniles and young adults who are convicted as adults in district court and young adults convicted under twenty-one years of age - eligibility for specialized program placement - petitions - definition

(1)
(a)
Notwithstanding any other provision of law, an offender serving a sentence in the department for a felony offense as a result of the filing of criminal charges by an information or indictment pursuant to section
19-2.5-801
, or the 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, or a young adult offender serving a sentence in the department for a felony offense that was committed when the offender was under twenty-one years of age and that sentence is not a sentence of life without the possibility of parole, and the offender in any of these cases remains in the custody of the department for that felony offense, may petition for placement in the specialized program described in section
17-34-102
, referred to within this section as the "specialized program", as follows:
(I)
Except as provided in subsection (1)(a)(IV) of this section, if the felony of which the person was convicted was not murder in the first degree, as described in section
18-3-102
, then the offender may petition for placement in the specialized program after serving twenty years of his or her sentence if he or she:
(A)
Has not been released on parole;
(B)
Has not been convicted of an offense of unlawful sexual behavior, as defined in section
16-22-102 (9)
, or an offense that the underlying factual basis is unlawful sexual behavior, as defined in section
16-22-102 (9)
, or an offense in which the underlying facts support the fact that the offender committed, participated in, or aided or abetted in the commission of a sexual offense even if the offender was not convicted of a sexual offense;
(C)
Is not or has not been previously placed in a treatment program within the department for a serious behavioral or mental health disorder;
(D)
Has obtained, at a minimum, a high school diploma or has successfully passed a high school equivalency examination, as defined in section
22-33-102
(8.5), C.R.S.;
(E)
Has participated in programs offered to him or her by the department and demonstrated responsibility and commitment in those programs;
(F)
Has demonstrated positive growth and change through increasing developmental maturity and quantifiable good behavior during the course of his or her incarceration; and
(G)
Has accepted responsibility for the criminal behavior underlying the offense for which he or she was convicted.
(II)
If the felony of which the person was convicted was murder in the first degree, as described in section
18-3-102 (1)(b)
, as it existed prior to September 15, 2021, or (1)(d), or murder in the second degree, as described in section
18-3-103 (1)(b)
, then the offender may petition for placement in the specialized program after serving twenty years of his or her sentence if he or she satisfies the criteria described in subsections (1)(a)(I)(A) to (1)(a)(I)(G) of this section.
(III)
If the felony of which the person was convicted was murder in the first degree, as described in section
18-3-102
, but was not murder in the first degree, as described in section
18-3-102 (1)(b)
, as it existed prior to September 15, 2021, or (1)(d), or murder in the second degree, as described in section
18-3-103 (1)(b)
, then the offender may petition for placement in the specialized program after serving twenty-five years of his or her sentence if he or she satisfies the criteria described in subsections (1)(a)(I)(A) to (1)(a)(I)(G) of this section.
(IV)
If the felony the person was charged with was murder in the first degree, as described in section
18-3-102
, with the possible penalty of life without the possibility of parole, and the person was eighteen years of age or older but less than twenty-one years of age at the time of the commission of the offense, and the person entered a plea of guilty to a lesser felony offense and received a determinate sentence to the department with the possibility of parole, then the offender may only petition for placement in the specialized program after serving thirty calendar years of his or her sentence and the offender may only be released on early parole pursuant to the provisions of section 17-22.5.403.7 (2) after serving thirty-five calendar years. For purposes of this subsection (1)(a)(IV), "calendar year" means twelve consecutive months without any time credit deductions.
(b)
An offender who is described in paragraph (a) of this subsection (1) may apply for placement in the specialized program notwithstanding his or her sentence or parole eligibility date.
(2)
Upon receiving a petition from an offender described in subsection (1) of this section, the executive director or the executive director's designee shall review the petition and determine whether to place the offender in the specialized program. The executive director or the executive director's designee shall not place an offender in the program if the department classified the offender as a sex offender pursuant to department administrative regulation. In making this determination, the executive director or the executive director's designee shall consider the following criteria:
(a)
The nature of the offense and the circumstances surrounding the offense, including the extent of the offender's participation in the criminal conduct;
(b)
The age and maturity of the offender at the time of the offense;
(c)
The behavior of the offender in any institution for the duration of his or her sentence, including consideration of any violations of the inmate code of conduct and dates of the violations or, in the alternative, the lack of any such violations;
(d)
The assessed risk and needs of the offender;
(e)
The impact of the offense on any victim and any victim's immediate family member; and
(f)
Any other factor determined to be relevant by the executive director or his or her designee in assessing and making a determination regarding the offender's demonstrated rehabilitation.
(3)
The department may make restorative justice practices, as defined in section
18-1-901 (3)
(o.5), C.R.S., available to any victim of any offender who petitions for placement in the specialized program, as may be appropriate, but only if requested by the victim and the victim has registered with the department of corrections requesting notice of victims' rights pursuant to the provisions of part 3 of article
4.1
of title
24
, C.R.S.
(4)
(a)
If after review of an offender's petition, the executive director or his or her designee determines that the offender is an appropriate candidate for placement in the specialized program, the department shall place the offender in the specialized program as soon as practicable.
(b)
Any victim or victim's immediate family member, as defined in section
24-4.1-302 (5) and (6)
, C.R.S., has the right to be informed of the placement of an offender pursuant to sections
24-4.1-302.5 (1)(q)
and
24-4.1-303 (14)
, C.R.S.
(5)
If the executive director or his or her designee denies an offender's petition for placement in the specialized program based on a determination that the offender is inappropriate for such placement after consideration of the criteria set forth in subsection (2) of this section, the offender may petition the executive director or his or her designee for placement in the specialized program not sooner than three years after the issuance of the denial.
(6)
The department shall develop policies and procedures for the preparation, submission, and review of petitions for placement of offenders in the specialized program, as described in this section.
Amended by 2021 Ch. 136, § 38, eff. 10/1/2021.
Amended by 2021 Ch. 58, § 3, eff. 9/15/2021.
Amended by 2021 Ch. 448, § 2, eff. 9/7/2021.
Amended by 2017 Ch. 263, § 135, eff. 5/25/2017.
Added by 2016 Ch. 352, § 2, eff. 8/10/2016.
L. 2016: Entire article added, (SB 16-180), ch. 1439, p. 1439, § 2, effective August 10. L. 2017: IP(1)(a), IP(1)(a)(I), and (1)(a)(I)(C) amended, (SB 17-242), ch. 1304, p. 1304, § 135, effective May 25. L. 2021: IP(1)(a), IP(1)(a)(I), (1)(a)(I)(B), (1)(a)(I)(C), and IP(2) amended and (1)(a)(IV) added, (HB 21-1209), ch. 2949, p. 2949, § 2, effective September 7; (1)(a)(II) and (1)(a)(III) amended, (SB 21 -124), ch. 236, p. 236, § 3, effective September 15; IP(1)(a) amended, (SB 21-059), ch. 717, p. 717, § 38, effective October 1.
(1) Amendments to the introductory portion to subsection (1)(a) by HB 21-1209 and SB 21-059 were harmonized.
(2) Section 6(2) of chapter 58 (SB 21-124), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after September 15, 2021.
2021 Ch. 448, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2021 Ch. 58, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.