Colorado § 16-11-308 Custody of department of corrections - procedure

Colorado Statutes

§ 16-11-308 — Custody of department of corrections - procedure

Colorado·Title 16 Criminal·Art. Imposition of Sentence

(1)When any person is sentenced to any correctional facility, that person shall be deemed to be in the custody of the executive director of the department of corrections or his designee.

(2)Any person sentenced pursuant to subsection (1) of this section shall initially be confined in the diagnostic center, as defined in section 17-40-101 (1.5), C.R.S., unless otherwise authorized by the executive director or the executive director's designee, to undergo evaluation and diagnosis to determine whether such person should be confined in a correctional facility or any other state institution, or whether such person should participate in a rehabilitation program as provided by law; except that no person subject to the provisions of section 16-11-301 (2) shall serve such person's sent

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(1) When any
person is sentenced to any correctional facility, that person shall be deemed to be
in the custody of the executive director of the department of corrections or his
designee.

(2) Any person sentenced pursuant to subsection (1) of this section shall
initially be confined in the diagnostic center, as defined in section 17-40-101 (1.5),
C.R.S., unless otherwise authorized by the executive director or the executive
director's designee, to undergo evaluation and diagnosis to determine whether such
person should be confined in a correctional facility or any other state institution, or
whether such person should participate in a rehabilitation program as provided by
law; except that no person subject to the provisions of section 16-11-301 (2) shall
serve such person's sentence in any state correctional facility.

(3) When such evaluation and diagnosis is completed, a recommendation
shall be made to the executive director of the department of corrections or his
designee as to the place of confinement or rehabilitation program as provided by
law which may result in the maximum rehabilitation of the offender.

(4) Copies of the evaluation and diagnosis and the recommendation shall be
shown and explained to the offender upon request; except that the executive
director of the department of corrections or his designee may withhold any
information he deems to be detrimental to the rehabilitation of the offender.

(4.5) Repealed.

(5) The executive director of the department of corrections or his designee is
further authorized to transfer said person to any state institution or treatment
facility under the jurisdiction of or approved by the department of corrections if he
deems it to be in the best interests of said person and the public. Insofar as is
practicable, said transfer shall be consistent with the evaluation and diagnosis and
recommendation.

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Legislative History

Source: L. 74: Entire section added, p. 240, � 1, effective May 7. L. 77: (1), (3), (4), and (5) amended, p. 901, � 3, effective August 1. L. 78: (2) amended, p. 356, � 1, effective April 27. L. 79: Entire section amended, p. 681, � 10, effective July 1. L. 93: (2) amended, p. 53, � 15, effective July 1. L. 97: (2) amended, p. 27, � 3, effective March 20. L. 2000: (4.5) added, p. 1027, � 5, effective July 1. L. 2001: (4.5)(a)(I) amended, p. 957, � 5, effective July 1. L. 2002: IP(4.5)(a) amended, p. 1151, � 5, effective July 1; (4.5)(a)(I) amended, p. 1496, � 146, October 1. L. 2006: (4.5)(c) added by revision, pp. 1689, 1693, �� 5, 17.