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 - Community or useful public service - misdemeanors

(1)
Any sentence imposed pursuant to section
18-1.3-501(2)
is subject to the conditions and restrictions of this section.
(2)
(a)
A probation department, sentencing court, county sheriff, board of county commissioners, or any other governmental entity, or a private nonprofit or for-profit entity that has a contract with a governmental entity, may establish a community or useful public service program. It is the purpose of the community or useful public service program: To identify and seek the cooperation of governmental entities and political subdivisions thereof, as well as corporations, associations, or charitable trusts, for the purpose of providing community or useful public service jobs; to interview persons who have been ordered by the court to perform community or useful public service and to assign such persons to suitable community or useful public service jobs; and to monitor compliance or noncompliance of such persons in performing community or useful public service assignments within the time established by the court.
(b)
Nothing in this subsection (2) limits the authority of an entity that is the recipient of community or useful public service to accept or reject such service, in its sole discretion.
(2.5)
The following organizations are eligible to provide community or useful public service jobs established under this article 1.3 or any other provision of law so long as they meet any other requirement related to the provision of those jobs, as established by the entity that is the recipient of community or useful public service:
(a)
A charitable trust or other organization that is exempt from taxation under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended;
(b)
A civic league or organization that is exempt from taxation under section 501 (c)(4) of the federal "Internal Revenue Code of 1986", as amended, and that also would qualify as a veterans' service organization as defined in section 501 (c)(19) of the federal "Internal Revenue Code of 1986", as amended; and
(c)
A veterans' service organization that is exempt from taxation under section 501 (c)(19) of the federal "Internal Revenue Code of 1986", as amended.
(3)
Any general public liability insurance policy obtained pursuant to this section shall provide coverage for injuries caused by a person performing services under this section and shall be in a sum of not less than the current limit on government liability under the "Colorado Governmental Immunity Act", article
10
of title
24
, C.R.S.
(4)
For the purposes of the "Colorado Governmental Immunity Act", article
10
of title
24
, C.R.S., public employee, as defined in section
24-10-103
, C.R.S., does not include any person who is sentenced to participate in any type of community or useful public service.
(5)
No governmental entity or private nonprofit or for-profit entity which has a contract with a governmental entity shall be liable under the "Workers' Compensation Act of Colorado", articles
40
to
47
of title
8
, C.R.S., or under the "Colorado Employment Security Act", articles
70
to
82
of title
8
, C.R.S., for any benefits on account of any person who is sentenced to participate in any type of community or useful public service, but nothing in this subsection (5) shall prohibit a governmental entity or private nonprofit or for-profit entity from electing to accept the provisions of the "Workers' Compensation Act of Colorado" by purchasing and keeping in force a policy of workers' compensation insurance covering such person.
(6)
(a)
The court shall assess a fee, not to exceed one hundred twenty dollars, upon every person required to perform community or useful public service pursuant to section
18-1.3-501(2)
,
18-18-432
, or
42-4-1301.4
. The amount of the fee must be commensurate with the costs of administering the person's community or useful public service program. The court may waive this fee if the court determines the defendant to be indigent. In counties where the judicial department operates the local useful public service program, the court shall transfer each such fee to the state treasurer, who shall credit the fee to the fund created in section
18-1.3-507.5
. The court shall not impose the fee described in this subsection (6)(a) on a person under the jurisdiction of the juvenile court, as defined in section
19-1-103
, or the person's parent, guardian, or legal custodian.
(b)
Money collected as fees pursuant to subsection (6)(a) of this section may be used by the operating agency responsible for overseeing such person's community or useful public service program or by the judicial department, as may be applicable, to pay the cost of administration of the program and the cost of personal services. The proceeds from such amounts may be used by the operating agency only for defraying the cost of personal services and other operating expenses related to the administration of the program, a general liability policy covering such person, and, if such person will be covered by workers' compensation insurance pursuant to subsection (5) of this section or an insurance policy providing such or similar coverage, the cost of purchasing and keeping in force such insurance coverage and may not be used by the operating agency for any other purpose.
Amended by 2021 Ch. 461,§20, eff. 7/6/2021.
Amended by 2017 Ch. 222,§1, eff. 8/9/2017.
Amended by 2017 Ch. 56,§1, eff. 3/20/2017.
L. 2002: Entire article added with relocations, p. 1417, § 2, effective October 1. L. 2004: (2)(a) amended and (2.5) added, p. 505, § 1, effective August 4. L. 2017: (1), (2)(b), and (2.5) amended, (HB 17-1056), ch. 177, p. 177, §1, effective March 20; (6) amended, (HB 17-1077), ch. 858, p. 858, § 1, effective August 9. L. 2021: (6)(a) amended, (HB 21-1315), ch. 3114, p. 3114, § 20, effective July 6.
This section is similar to former § 16-11-701 as it existed prior to 2002.
(1) For community service for juvenile offenders, see §19-2-308; for useful public service for alcohol- or drug-related traffic offenses, see §42-4-1301; for community or useful public service for class 1 and class 2 misdemeanor traffic offenders, see §42-4-1701. (2) For the legislative declaration in HB 21-1315, see section 1 of chapter 461, Session Laws of Colorado 2021.