§ 16-13-1001 — Legislative declaration

Colorado § 16-13-1001

• Jurisdiction: Colorado
• Title 16: Criminal
• Art.: Special Proceedings

Text

(1) The general assembly finds that:

(a) (I) In the 2012 case of Miller v. Alabama, the United States supreme court
held that imposing a mandatory life sentence without the possibility of parole on a
juvenile is a cruel and unusual punishment prohibited by the eighth amendment to
the United States constitution; and

(II) The court further held that children are constitutionally different than
adults for purposes of sentencing; and

(b) (I) In the 2016 case of Montgomery v. Louisiana, the court held that Miller v.
Alabama announced a substantive rule of constitutional law that applies
retroactively; and

(II) In light of the court's holding that children are constitutionally different
than adults in their level of culpability, the court further held that prisoners serving
life sentences for crimes that they committed as juveniles must be given the
opportunity to show that their crimes did not reflect irreparable corruption, and, if
they did not, then their hope for some years of life outside prison walls must be
restored; and

(III) The court made it clear that a sentence to a lifetime in prison is an
unconstitutional sentence for all but the rarest of children.

(2) The general assembly further finds that:

(a) A juvenile sentenced in Colorado for a conviction of a class 1 felony as a
result of a direct file or transfer of an offense committed on or after July 1, 1990,
and before July 1, 2006, was sentenced to a mandatory life sentence without the
possibility of parole; and

(b) Approximately fifty persons in Colorado received such an
unconstitutional sentence.

(3) Now, therefore, the general assembly hereby declares that this part 10 is
necessary to provide persons serving such unconstitutional sentences the
opportunity for resentencing.

Legislative History

Source: L. 2016: Entire part added, (SB 16-181), ch. 353, p. 1450, � 5, effective June 10.