§ 18-1.3-203 — Criteria for granting probation

Colorado § 18-1.3-203

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

Text

(1) The court, subject to the
provisions of this title and title 16, C.R.S., and having considered the purposes of
sentencing described in section 18-1-102.5, in its discretion may grant probation to a
defendant unless, having regard to the nature and circumstances of the offense
and to the history and character of the defendant, it is satisfied that imprisonment
is the more appropriate sentence for the protection of the public because:

(a) There is undue risk that during a period of probation the defendant will
commit another crime; or

(b) The defendant is in need of correctional treatment that can most
effectively be provided by a sentence to imprisonment as authorized by section 18-1.3-104; or

(c) A sentence to probation will unduly depreciate the seriousness of the
defendant's crime or undermine respect for law; or

(d) His or her past criminal record indicates that probation would fail to
accomplish its intended purposes; or

(e) The crime, the facts surrounding it, or the defendant's history and
character when considered in relation to statewide sentencing practices relating to
persons in circumstances substantially similar to those of the defendant do not
justify the granting of probation.

(2) The following factors, or the converse when appropriate, while not
controlling the discretion of the court, must be accorded weight in making
determinations called for by subsection (1) of this section:

(a) The defendant's criminal conduct neither caused nor threatened serious
harm to another person or his or her property;

(b) The defendant did not plan or expect that his or her criminal conduct
would cause or threaten serious harm to another person or his or her property;

(c) The defendant acted under strong provocation;

(d) There were substantial grounds which, though insufficient to establish a
legal defense, tend to excuse or justify the defendant's conduct;

(e) The victim of the defendant's conduct induced or facilitated its
commission;

(f) The defendant has made or will make restitution or reparation to the
victim of his or her conduct for the damage or injury which was sustained;

(g) The defendant has no history of prior criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present
offense;

(h) The defendant's conduct was the result of circumstances unlikely to
recur;

(i) The character, history, and attitudes of the defendant indicate that he or
she is unlikely to commit another crime;

(j) The defendant is particularly likely to respond affirmatively to
probationary treatment;

(k) The imprisonment of the defendant would entail undue hardship to
himself or herself or his or her dependents;

(l) The defendant is elderly or in poor health;

(m) The defendant did not abuse a public position of responsibility or trust;

(n) The defendant cooperated with law enforcement authorities by bringing
other offenders to justice, or otherwise;

(o) The defendant is a pregnant or postpartum defendant, if the defendant
complied with the notice requirement set forth in section 18-1.3-103.7.

(3) Nothing in this section shall be deemed to require explicit reference to
these factors in a presentence report or by the court at sentencing.

Legislative History

Source: L. 2002: Entire article added with relocations, p. 1377, � 2, effective October 1. L. 2011: IP(1) amended, (HB 11-1180), ch. 96, p. 283, � 3, effective August 10. L. 2023: IP(2) amended and (2)(o) added, (HB 23-1187), ch. 246, p. 1341, � 6, effective August 7.