§ 18-1.3-201 — Application for probation

Colorado § 18-1.3-201

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

Text

(1) (a) A person who has been
convicted of an offense, other than a class 1 felony or a civil infraction, is eligible to
apply to the court for probation.

(b) Repealed.

(2) (a) The provisions of this subsection (2) shall apply to any person whose
application for probation is based on a conviction for a felony, which conviction
occurred before May 25, 2010.

(a.5) A person who has been twice or more convicted of a felony under the
laws of this state, any other state, or the United States prior to the conviction on
which his or her application is based shall not be eligible for probation.

(b) Notwithstanding any other provision of law except the provisions of
paragraph (c) of this subsection (2), a person who has been convicted of one or
more felonies under the laws of this state, any other state, or the United States
within ten years prior to a class 1, 2, or 3 felony conviction on which his or her
application is based shall not be eligible for probation.

(c) Notwithstanding the provisions of paragraph (a.5) of this subsection (2)
and subsection (4) of this section, an offender convicted of a violation of section 18-18-403.5 may be eligible for probation upon recommendation of the district
attorney.

(d) Repealed.

(2.1) Repealed.

(2.5) (a) The provisions of this subsection (2.5) shall apply to any person
whose application for probation is based on a conviction for a felony, which
conviction occurred on or after May 25, 2010.

(b) Except as described in subsection (4)(a) of this section, a person who has
been twice or more convicted of a felony upon charges separately brought and
tried and arising out of separate and distinct criminal episodes under the laws of
this state, any other state, or the United States prior to the conviction on which the
person's application is based is not eligible for probation if the current conviction or
a prior conviction is for:

(I) First or second degree murder, as described in section 18-3-102 or 18-3-103;

(II) Manslaughter, as described in section 18-3-104;

(III) First or second degree assault, as described in section 18-3-202 or 18-3-203;

(IV) First or second degree kidnapping, as described in section 18-3-301 or
18-3-302;

(V) A sexual offense as described in part 4 of article 3 of this title;

(VI) First degree arson, as described in section 18-4-102;

(VII) First or second degree burglary, as described in section 18-4-202 or 18-4-203;

(VIII) Robbery, as described in section 18-4-301;

(IX) Aggravated robbery, as described in section 18-4-302, or aggravated
robbery of controlled substances, as described in section 18-4-303, as it existed
prior to October 1, 2023;

(X) Theft from the person of another, as described in section 18-4-401 (5);

(XI) Any felony offense committed against a child, as described in article 3,
6, or 7 of this title; or

(XII) Any criminal attempt or conspiracy to commit any of the offenses
specified in this paragraph (b).

(c) Failure to register as a sex offender, as described in section 18-3-412.5,
shall not constitute a sexual offense for the purposes of subparagraph (V) of
paragraph (b) of this subsection (2.5).

(3) An application for probation shall be in writing upon forms furnished by
the court, but, when the defendant has been convicted of a misdemeanor or any
petty offense, the court, in its discretion, may waive the written application for
probation.

(4) (a) (I) The restrictions upon eligibility for probation in subsections (2) and
(2.5) of this section may be waived by the sentencing court regarding a particular
defendant upon recommendation of the district attorney approved by an order of
the sentencing court.

(II) Repealed.

(b) Upon entry of an order pursuant to this subsection (4) regarding a
particular defendant, such defendant shall be deemed to be eligible to apply to the
court for probation pursuant to this section.

(5) For purposes of paragraph (a.5) of subsection (2) of this section and
paragraph (a) of subsection (2.5) of this section, conviction means a verdict of
guilty or the entry of a plea of guilty or nolo contendere. Conviction does not
include a plea to a deferred judgment and sentence pursuant to section 18-1.3-102
until the deferred judgment and sentence is revoked.

Legislative History

Source: L. 2002: Entire article added with relocations, p. 1375, � 2, effective October 1. L. 2003: (2) amended and (2.1) added, p. 2689, � 7, effective July 1. L. 2007: (2)(d) and (2.1) repealed, p. 1689, � 10, effective July 1. L. 2010: (1)(b) and (4)(a)(II) repealed, (2) and (4)(a)(I) amended, and (2.5) added, (HB 10-1338), ch. 257, pp. 1147, 1145, �� 2, 1, effective May 25; (2)(c) amended, (HB 10-1352), ch. 259, p. 1173, � 16, effective August 11. L. 2012: (5) added, (HB 12-1310), ch. 268, p. 1396, � 12, effective June 7. L. 2013: (3) amended, (SB 13-250), ch. 333, p. 1935, � 54, effective October 1. L. 2021: (1)(a) amended, (SB 21-271), ch. 462, p. 3169, � 183, effective March 1, 2022. L. 2023: IP(2.5)(b) and (2.5)(b)(IX) amended, (HB 23-1293), ch. 298, p. 1783, � 4, effective October 1.