Colorado § 16-11-206 Revocation hearing

Colorado Statutes

§ 16-11-206 — Revocation hearing

Colorado·Title 16 Criminal·Art. Imposition of Sentence

(1)At the first appearance of the probationer in court or at the commencement of the hearing, whichever is first in time, the court shall advise the probationer as provided in section 16-7-207 insofar as such matters are applicable; except that there is no right to a trial by jury in proceedings for revocation of probation.

(2)At or prior to the commencement of the hearing, the court shall advise the probationer of the charges against him and the possible penalties therefor and shall require the probationer to plead guilty or not guilty.

(3)At the hearing, the prosecution has the burden of establishing by a preponderance of the evidence the violation of a condition of probation; except that the commission of a criminal offense must be established beyond a reasonable doubt unl

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(1) At the first appearance of the
probationer in court or at the commencement of the hearing, whichever is first in
time, the court shall advise the probationer as provided in section 16-7-207 insofar
as such matters are applicable; except that there is no right to a trial by jury in
proceedings for revocation of probation.

(2) At or prior to the commencement of the hearing, the court shall advise
the probationer of the charges against him and the possible penalties therefor and
shall require the probationer to plead guilty or not guilty.

(3) At the hearing, the prosecution has the burden of establishing by a
preponderance of the evidence the violation of a condition of probation; except that
the commission of a criminal offense must be established beyond a reasonable
doubt unless the probationer has been convicted thereof in a criminal proceeding.
When, in a revocation hearing, the alleged violation of a condition is the
probationer's failure to pay court-ordered compensation to appointed counsel,
probation fees, court costs, restitution, or reparations, evidence of the failure to pay
shall constitute prima facie evidence of a violation. The court may, when it appears
that the alleged violation of conditions of probation consists of an offense with
which the probationer is charged in a criminal proceeding then pending, continue
the probation revocation hearing until the termination of the criminal proceeding.
Any evidence having probative value shall be received regardless of its
admissibility under the exclusionary rules of evidence if the defendant is accorded
a fair opportunity to rebut hearsay evidence.

(4) If the probationer is in custody, the hearing shall be held within fourteen
days after the filing of the complaint, unless delay or continuance is granted by the
court at the instance or request of the probationer or for other good cause found by
the court justifying further delay.

(5) If the court determines that a violation of a condition of probation has
been committed, it shall, within seven days after the said hearing, either revoke or
continue the probation. If probation is revoked, the court may then impose any
sentence or grant any probation pursuant to the provisions of this part 2 which
might originally have been imposed or granted.

Colorado § 16-11-206 (Revocation hearing) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 72: R&RE, p. 245, � 1. C.R.S. 1963: � 39-11-206. L. 83: (3) amended, p. 664, � 5, effective July 1. L. 2012: (4) and (5) amended, (SB 12-175), ch. 208, p. 855, � 87, effective July 1. L. 2017: (1) amended, (SB 17-294), ch. 264, p. 1392, � 34, effective May 25.