(1) (a) (I) Following the
return of a verdict of guilty of a felony, other than a class 1 felony, or following a
finding of guilt on such charge where the issues were tried to the court, or on a plea
of guilty or nolo contendere to such a charge, or upon order of the court in any
misdemeanor conviction, the probation officer shall make an investigation and
written report to the court before the imposition of sentence. Each presentence
report must include a substance abuse assessment or evaluation made pursuant to
article 11.5 of this title and, unless waived by the court, must include, but not be
limited to, information as to the defendant's family background, educational
history, employment record, and past criminal record, including the defendant's
past juvenile delinquency record, if any; information indicating whether the
defendant has been convicted of unlawful sexual behavior as defined in section 16-22-102 (9); an evaluation of the alternative dispositions available for the defendant;
the information required by the court pursuant to article 18.5 of this title; a victim
impact statement; and such other information as the court may require.
(II) Except as described in subparagraph (VI) of this paragraph (a), if the
defendant is convicted of a felony that occurred after July 1, 2004, and he or she is
eligible to receive a sentence to the department of corrections, the report
described in subparagraph (I) of this paragraph (a) must include the following
statement:
If the defendant is sentenced to the Department of Corrections, he or she may not
serve his or her entire sentence in prison but may be released to community
corrections or parole. The defendant's Parole Eligibility Date (PED) occurs after he
or she has served fifty or seventy-five percent of his or her sentence, as provided in
section 17-22.5-403, Colorado Revised Statutes, less any authorized earned time.
If the defendant is sentenced to the Department of Corrections, he or she may be
eligible for a reduction in the length of his or her sentence by earned time. Regular
earned time is up to ten or twelve days per month, not to exceed thirty percent of
the defendant's sentence; however, the defendant may be eligible for further
limited reductions through the application of various types of earned time provided
in statute and administered pursuant to the policy of the Department of
Corrections.
If the defendant is sentenced to the Department of Corrections, he or she may be
eligible for release, to await parole in a community corrections facility, if such
release is approved by the local community corrections board. If the defendant was
not convicted of a crime of violence, as defined in section 18-1.3-406 (2), Colorado
Revised Statutes, he or she may be moved to a community corrections placement
as early as sixteen months prior to his or her PED. If the defendant was convicted of
a crime of violence, he or she cannot be moved to a community corrections
placement earlier than one hundred eighty days prior to his or her PED.
A defendant's eligibility for community corrections or parole does not necessarily
mean that community corrections or parole will be granted. The inmate locator on
the internet website of the Department of Corrections can provide additional
information regarding the sentence of an individual defendant.
The provisions of this statement do not apply to a defendant who has been
sentenced to the youthful offender system within the Department of Corrections.
(II.5) Except as provided in subsection (1)(a)(II.7) of this section, if the
defendant is convicted on or after July 1, 2018, the report described in subsection
(1)(a)(I) of this section must include the following statement:
Each defendant may, at the time of conviction or at any time thereafter, apply to the
court for an order of collateral relief of the consequences of the defendant's
conviction pursuant to the provisions of section 18-1.3-107, Colorado Revised
Statutes.
(II.7) The report described in subsection (1)(a)(I) of this section need not
include the statement described in subsection (1)(a)(II.5) of this section if the
defendant:
(A) Has been convicted of a felony that included an element that requires a
victim to suffer a serious bodily injury and the victim suffered a permanent
impairment of the function of any part or organ of the body;
(B) Has been convicted of a crime of violence as described in section 18-1.3-406; or
(C) Is required to register as a sex offender pursuant to section 16-22-103.
(III) The district attorney's office shall prepare a victim impact statement.
The department of human services shall provide the district attorney's office with
the information necessary for the preparation of a victim impact statement. In
addition, the court, in cases that it deems appropriate, may require the presentence
report to include the findings and results of a professionally conducted psychiatric
examination of the defendant.
(IV) No less than seventy-two hours prior to the sentencing hearing, the
probation department shall provide copies of the presentence report, including any
recommendations as to probation, to the prosecuting attorney and defense counsel
or to the defendant if he or she is unrepresented. Upon request of either the
defense or the district attorney, the probation department shall provide the
presentence report at least seven days prior to the sentencing hearing. If the
probation department informs the court it cannot provide the report at least seven
days prior to the sentencing hearing, the court shall grant the probation
department additional time to complete the report and shall reset the sentencing
hearing so that the hearing is held at least seven days after the probation
department provides the report.
(V) The probation department shall transmit a copy of the presentence
report, and the court shall transmit the mittimus to the department of corrections.
(VI) The report described in subparagraph (I) of this paragraph (a) need not
include the statement described in subparagraph (II) of this paragraph (a) if:
(A) The defendant is a sex offender for whom the sex offender management
board has established separate and distinct release guidelines pursuant to section
18-1.3-1009, C.R.S.;
(B) The defendant has at least one previous conviction for a crime of violence
and must be referred by the department to the state board of parole pursuant to
section 17-22.5-403 (3.5), C.R.S.;
(C) The defendant is convicted of a class 1 felony or is a juvenile convicted as
an adult of a class 1 felony; or
(D) The probation department has reasonable grounds to believe that the
language of the statement is inapplicable to the defendant. If the probation
department elects to omit the statement pursuant to this sub-subparagraph (D), the
probation department shall document in the report its grounds for doing so.
(b) (I) Each presentence report prepared regarding a sex offender, as defined
in section 16-11.7-102 (2)(a)(I) to (2)(a)(III), or if requested by the prosecuting
attorney or court for a person who may be determined to be a sex offender based
upon a prior offense pursuant to section 16-11.7-102 (2)(a)(IV), with respect to any
offense committed on or after January 1, 1996, must contain the results of an
evaluation and identification conducted pursuant to article 11.7 of this title 16;
except that:
(A) If the offense is a misdemeanor pursuant to the provisions of section 18-3-412.6, C.R.S., an evaluation and identification conducted pursuant to article 11.7 of
this title shall not be ordered by the court;
(B) If the offense is a misdemeanor pursuant to title 42, C.R.S., or the history
of sex-offending behavior was a misdemeanor sex offense committed when the
defendant was a juvenile, an evaluation and identification conducted pursuant to
article 11.7 of this title is not required but may be ordered by the court; and
(C) If the court accepts a stipulation that the defendant will not be
sentenced to probation or if the defendant is already serving a sentence in the
department of corrections, an evaluation and identification conducted pursuant to
article 11.7 of this title is not required but may be ordered by the court.
(II) In addition, the presentence report shall include, when appropriate as
provided in section 18-3-414.5, C.R.S., the results of the risk assessment screening
instrument developed pursuant to section 16-11.7-103 (4)(d). Notwithstanding the
provisions of subsection (4) of this section, a presentence report shall be prepared
for each person convicted as a sex offender, and the court may not dispense with
the presentence evaluation, risk assessment, and report unless an evaluation and
risk assessment has been completed within the last two years and there has been
no material change that would affect the evaluation and risk assessment in the past
two years.
(c) (I) The state court administrator may implement a behavioral or mental
health disorder screening program to screen defendants for which the court has
ordered an investigation pursuant to this section. If the state court administrator
chooses to implement a behavioral or mental health disorder screening program,
the state court administrator shall use the standardized behavioral or mental health
disorder screening instrument developed pursuant to section 16-11.9-102 and
conduct the screening in accordance with the procedures established pursuant to
said section. The findings and results of any standardized behavioral or mental
health disorder screening conducted pursuant to this subsection (1)(c) must be
included in the written report to the court prepared and submitted pursuant to this
subsection (1).
(II) Prior to implementation of a behavioral or mental health disorder
screening program pursuant to this subsection (1)(c), if implementation of the
program would require an increase in appropriations, the state court administrator
shall submit to the joint budget committee a request for funding in the amount
necessary to implement the behavioral or mental health disorder screening
program. If implementation of the program would require an increase in
appropriations, implementation of the behavioral or mental health disorder
screening program is conditional upon approval of the funding request.
(1.1) Repealed.
(1.2) Each presentence report must include information indicating whether
the person is a respondent in an open dependency and neglect proceeding pursuant
to article 3 of title 19.
(1.5) A victim impact statement may include the following:
(a) An identification of the victim of the offense;
(b) An itemization of any economic loss suffered by the victim as a result of
the offense, including any loss incurred after the offense and after criminal charges
were filed formally against the defendant. The victim impact statement shall be
prepared by the district attorney's office at the time the offense is filed and shall be
updated to include any loss incurred by the victim after criminal charges were filed.
(c) An identification of any physical injury suffered by the victim as a result
of the offense, including information on its seriousness and permanence;
(d) A description of any change in the victim's personal welfare or familial
relationships as a result of the offense;
(e) An identification of any request for psychological services initiated by the
victim or the victim's family as a result of the offense;
(e.5) An evaluation of the victim's and the victim's children's safety if
probation is granted;
(f) Any other information related to the impact of the offense upon the victim
that the court requires.
(1.7) Each presentence report shall also include information from the
offender and any other source available to the probation officer regarding the
offender's estate, as defined in section 18-1.3-701 (5)(b), C.R.S., and other pertinent
financial information, for the purpose of determining whether such offender or
juvenile has sufficient assets to pay all or part of such offender's or juvenile's cost
of care, as defined in section 18-1.3-701 (5)(a), C.R.S. The financial information
obtained from the offender shall be submitted in writing and under oath.
(1.8) At the request of either the prosecution or the defense, each
presentence report prepared regarding a youthful offender, as defined in section
18-1.3-407, who is eligible for sentencing to the youthful offender system pursuant
to section 18-1.3-407.5, 19-2.5-801 (5), or 19-2.5-802 (1)(d)(I)(B) must include a
determination by the warden of the youthful offender system whether the youthful
offender is acceptable for sentencing to the youthful offender system. When
making a determination, the warden shall consider the nature and circumstances of
the crime, the circumstances and criminal history of the youthful offender, the
available bed space in the youthful offender system, and any other appropriate
considerations.
(1.9) Each presentence report must also:
(a) Include the results of an actuarial assessment of the offender's
criminological risks and needs;
(b) Provide sufficient information to allow the court to consider:
(I) Whether the offender is a suitable candidate for a sentencing option that
does not involve incarceration or a combination of sentencing options that does not
involve incarceration; and
(II) The appropriate conditions to impose if a defendant is sentenced to
probation;
(b.5) Indicate whether the offender meets the minimum eligibility
requirements as provided in sections 18-1.3-104 (1)(b.5) and 18-1.3-204 (2)(a)(III.5)
for participation in restorative justice practices;
(c) Describe the projected costs, if known, that are associated with each
sentencing option that is available to the court; and
(d) Set forth the purposes of title 18, C.R.S., with respect to sentencing, as
such purposes are described in section 18-1-102.5, C.R.S.
(2) The report of the probation officer and the procedures to be followed at
the time sentence is imposed and final judgment is entered shall be as required by
the Colorado rules of criminal procedure. In addition to the requirements of such
rules, the report shall include a statement showing the amount of time during which
the defendant was imprisoned awaiting trial upon the charge resulting in conviction.
(3) The court, upon its own motion or upon the petition of the probation
officer, may order any defendant who is subject to presentence investigation or
who has made application for probation to submit to a mental and physical
examination.
(4) The court, with the concurrence of the defendant and the prosecuting
attorney, may dispense with the presentence examination and report; except that
the information required by section 18-1.3-603 (2) and subsection (1.2) of this
section and a victim impact statement must be made in every case. The amount of
restitution must be ordered pursuant to section 18-1.3-603 and article 18.5 of this
title 16 and endorsed upon the mittimus. The information required pursuant to
subsection (1.2) of this section must be included on the mittimus.
(5) After receiving the presentence report and before imposing sentence,
the court shall afford the defendant an opportunity to make a statement in his or
her own behalf and to present any information in mitigation of punishment. The
prosecution also shall be given an opportunity to be heard on any matter material to
the imposition of sentence. The court shall then sentence the defendant pursuant
to the provisions of this article and section 18-1.3-401, C.R.S.
(6) Following the return of a verdict of guilty of a felony, or a finding of guilt
on such charge where the issues were tried to the court, or on a plea of guilty or
nolo contendere to such a charge, the district attorney may file with the court
identification photographs and fingerprints of the defendant or defendants, and
such identification photographs and fingerprints shall become part of the court
record. Such identification photographs and fingerprints of the defendant or
defendants shall constitute prima facie evidence of identity under section 18-1.3-802, C.R.S.
Source: L. 72: R&RE, p. 240, � 1. C.R.S. 1963: � 39-11-102. L. 77: (1) and (5)
amended, p. 862, � 3, effective July 1, 1979. L. 81: (6) added, p. 950, � 2, effective
May 27; (1) and (4) amended, p. 941, � 1, effective July 1. L. 84: (1) and (4) amended
and (1.5) added, p. 651, � 1, effective January 1, 1985. L. 86: (1) amended, p. 733, � 2,
effective July 1. L. 88: (1) amended, p. 680, � 2, effective July 1. L. 89: (1) amended, p.
862, � 3, effective February 26. L. 89, 1st Ex. Sess.: (1.1) added, p. 76, � 2, effective
July 1. L. 91: (1) amended, p. 436, � 1, effective May 29. L. 92: (1) amended, p. 454, � 1,
effective June 2. L. 94: (1)(a) amended, p. 2650, � 123, effective July 1; (1.1) repealed
and (1.7) added, pp. 1362, 1356, �� 5, 1, effective July 1; (1.5)(b) amended, p. 1050, � 5,
effective July 1; (1.5)(e.5) added, p. 2036, � 16, effective July 1. L. 95: (1)(b) amended,
p. 465, � 11, effective July 1. L. 96: (4) amended, p. 1778, � 3, effective June 3. L. 98: (4) amended, p. 519, � 6, effective April 30. L. 99: (1)(a) amended, p. 315, � 3,
effective July 1. L. 2000: (1)(a) and (4) amended, p. 1045, � 7, effective September 1. L. 2001: (4) amended, p. 1271, � 20, effective June 5. L. 2002: (1)(c) added, p. 573, � 1,
effective May 24; (1)(a) amended, p. 1182, � 9, effective July 1; (1.7), (4), (5), and (6)
amended, p. 1494, � 141, effective October 1. L. 2007: (1)(b) amended, p. 253, � 1,
effective March 26. L. 2009: (1.8) added, (HB 09-1122), ch. 77, p. 279, � 2, effective
October 1. L. 2010: (1.8) amended, (HB 10-1413), ch. 264, p. 1204, � 3, effective
August 11. L. 2011: (1)(b) amended, (HB 11-1138), ch. 236, p. 1027, � 8, effective May
27; (1.9) added, (HB 11-1180), ch. 96, p. 282, � 2, effective August 10. L. 2012: (1)(b)
amended, (HB 12-1310), ch. 268, p. 1395, � 9, effective June 7; (1)(b) amended, (HB
12-1346), ch. 220, p. 946, � 7, effective July 1. L. 2013: (1)(a) and (1)(b) amended, (SB
13-229), ch. 272, p. 1427, � 4, effective July 1. L. 2015: (1)(a) amended, (HB 15-1042),
ch. 119, p. 361, � 1, effective August 5. L. 2017: (1)(c) amended, (SB 17-242), ch. 263,
p. 1297, � 120, effective May 25; IP(1.9) amended and (1.9)(b.5) added, (HB 17-1039),
ch. 58, p. 182, � 2, effective August 9. L. 2018: (1)(a)(II.5) and (1)(a)(II.7) amended, (HB
18-1344), ch. 259, p. 1590, � 3, effective July 1. L. 2021: (1.8) amended, (HB 21-1091),
ch. 175, p. 955, � 2, effective May 24; (1.8) amended, (SB 21-059), ch. 136, p. 713, �
24, effective October 1; (1.8) amended, (HB 21-1091), ch. 175, p. 957, � 5, effective
October 1. L. 2023: IP(1)(b)(I) amended, (SB 23-164), ch. 349, p. 2085, � 1, effective
June 5; (1.2) added and (4) amended, (SB 23-039), ch. 191, p. 958, � 9, effective
January 1, 2024.