(1)(a) In any case in which
the defendant has entered a plea of guilty, the court accepting the plea has the
power, with the written consent of the defendant and his or her attorney of record
and the district attorney, to continue the case for the purpose of entering judgment
and sentence upon the plea of guilty for a period not to exceed four years for a
felony or two years for a misdemeanor or petty offense or traffic offense. The
period shall begin to run from the date that the court continues the case.
(b)The period may be extended for an additional time:
(I)Up to one hundred eighty-two days if the failure to pay restitution is the
sole condition of supervision which has not been fulfilled, because of inability to
pay, and the defendant has shown a future ability to pay. D
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(1) (a) In any case in which
the defendant has entered a plea of guilty, the court accepting the plea has the
power, with the written consent of the defendant and his or her attorney of record
and the district attorney, to continue the case for the purpose of entering judgment
and sentence upon the plea of guilty for a period not to exceed four years for a
felony or two years for a misdemeanor or petty offense or traffic offense. The
period shall begin to run from the date that the court continues the case.
(b) The period may be extended for an additional time:
(I) Up to one hundred eighty-two days if the failure to pay restitution is the
sole condition of supervision which has not been fulfilled, because of inability to
pay, and the defendant has shown a future ability to pay. During such time, the
court may place the defendant under the supervision of the probation department;
or
(II) Up to two years if the deferred judgment is for an offense listed in section
16-11.7-102 (3), C.R.S., good cause is shown, and the district attorney and defendant
consent to the extension.
(2) Prior to entry of a plea of guilty to be followed by deferred judgment and
sentence, the district attorney, in the course of plea discussion as provided in
sections 16-7-301 and 16-7-302, is authorized to enter into a written stipulation to
be signed by the defendant, the defendant's attorney of record, and the district
attorney, under which the defendant is obligated to adhere to such stipulation. The
conditions imposed in the stipulation and the responses to violation behavior are
similar to probation. A person convicted of a crime, the underlying factual basis of
which included an act of domestic violence, as defined in section 18-6-800.3 (1),
shall stipulate to the conditions specified in section 18-1.3-204 (2)(b). In addition,
the stipulation may require the defendant to perform community or charitable work
service projects or make donations thereto. Upon full compliance with such
conditions by the defendant, the plea of guilty previously entered shall be
withdrawn and the charge upon which the judgment and sentence of the court was
deferred shall be dismissed with prejudice. The stipulation shall specifically provide
that, upon a breach by the defendant of any condition regulating the conduct of the
defendant, the court shall enter judgment and impose sentence upon the guilty
plea; except that, if the offense is a violation of article 18 of this title 18, the court
may accept an admission or find a violation of the stipulation without entering
judgment and imposing sentence if the court first makes findings of fact on the
record stating the entry of judgment and sentencing would not be consistent with
the purposes of sentencing, that the defendant would be better served by
continuing the deferred judgment period, and that public safety would not be
jeopardized by the continuation of the deferred judgment. If the court makes those
findings and continues the deferred judgment over the objection of the prosecution,
the court shall also impose additional and immediate sanctions upon the defendant
to address the violation, to include, but not be limited to, the imposition of further
terms and conditions that will enhance the likelihood of the defendant's success,
respond to the defendant's noncompliance, and promote further individual
accountability, including extending the time period of the deferred judgment for up
to two additional years or incarceration in the county jail for a period not to exceed
ninety days consistent with the provisions of section 18-1.3-202 (1), or both. When,
as a condition of the deferred sentence, the court orders the defendant to make
restitution, evidence of failure to pay the restitution shall constitute prima facie
evidence of a violation. Whether a breach of condition has occurred shall be
determined by the court without a jury upon application of the district attorney or a
probation officer and upon notice of hearing thereon of not less than seven days to
the defendant or the defendant's attorney of record. Application for entry of
judgment and imposition of sentence may be made by the district attorney or a
probation officer at any time within the term of the deferred judgment or within
thirty-five days thereafter. The burden of proof at the hearing shall be by a
preponderance of the evidence, and the procedural safeguards required in a
revocation of probation hearing shall apply.
(3) When a defendant signs a stipulation by which it is provided that
judgment and sentence shall be deferred for a time certain, he or she thereby
waives all rights to a speedy trial, as provided in section 18-1-405.
(4) A warrant for the arrest of any defendant for breach of a condition of a
deferred sentence may be issued by any judge of a court of record upon the report
of a probation officer, or upon the verified complaint of any person, establishing to
the satisfaction of the judge probable cause to believe that a condition of the
deferred sentence has been violated and that the arrest of the defendant is
reasonably necessary. The warrant may be executed by any probation officer or by
a peace officer authorized to execute warrants in the county in which the defendant
is found.