§ 18-1.3-202 — Probationary power of court

Colorado § 18-1.3-202

• Jurisdiction: Colorado
• Title 18: Criminal
• Art.: Sentencing in Criminal Cases

Text

(1) (a) When it appears to the
satisfaction of the court that the ends of justice and the best interest of the public,
as well as the defendant, will be served thereby, the court may grant the defendant
probation for such period and upon such terms and conditions as it deems best. The
length of probation shall be subject to the discretion of the court and may exceed
the maximum period of incarceration authorized for the classification of the offense
of which the defendant is convicted but shall not exceed five years for any
misdemeanor or petty offense. If the court chooses to grant the defendant
probation, the order placing the defendant on probation shall take effect upon
entry and, if any appeal is brought, shall remain in effect pending review by an
appellate court unless the court grants a stay of probation pursuant to section 16-4-201. Unless an appeal is filed that raises a claim that probation was granted
contrary to the provisions of this title, the trial court shall retain jurisdiction of the
case for the purpose of adjudicating complaints filed against the defendant that
allege a violation of the terms and conditions of probation. In addition to imposing
other conditions, the court has the power to commit the defendant to any jail
operated by the county or city and county in which the offense was committed
during such time or for such intervals within the period of probation as the court
determines. Except as described in subsection (1)(b) of this section, the aggregate
length of any such commitment whether continuous or at designated intervals may
not exceed ninety days for a felony, sixty days for a misdemeanor, or ten days for a
petty offense unless it is a part of a work release program pursuant to section 18-1.3-207. That the defendant submit to commitment imposed under this section is
deemed a condition of probation.

(b) For a defendant who is convicted of a felony offense described in section
42-4-1301 (1)(a), (1)(b), or (2)(a), the aggregate length of any commitment to a county
jail is determined as provided in section 42-4-1307 (6.5)(b).

(2) The probation department in each judicial district may enter into
agreements with any state agency or other public agency, any corporation, and any
private agency or person to provide supervision or other services for defendants
placed on probation by the court. The agreements shall not include management of
any intensive supervision probation programs created pursuant to section 18-1.3-208.

Legislative History

Source: L. 2002: Entire article added with relocations, p. 1376, � 2, effective October 1. L. 2003: (1) amended, p. 976, � 13, effective April 17. L. 2013: (2) amended, (SB 13-250), ch. 333, p. 1942, � 68, effective October 1. L. 2017: (1) amended, (HB 17-1288), ch. 387, p. 2005, � 3, effective August 9.