§ 18-1.3-401 — Felonies classified - presumptive penalties
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(1) (a) (I) As to any
person sentenced for a felony committed after July 1, 1979, and before July 1, 1984,
felonies are divided into five classes which are distinguished from one another by
the following presumptive ranges of penalties which are authorized upon
conviction:
Class Presumptive Range
1 Life imprisonment or death
2 Eight to twelve years plus one year of parole
3 Four to eight years plus one year of parole
4 Two to four years plus one year of parole
5 One to two years plus one year of parole
(II) As to any person sentenced for a felony committed on or after July 1,
1984, and before July 1, 1985, felonies are divided into five classes which are
distinguished from one another by the following presumptive ranges of penalties
which are authorized upon conviction:
Class Presumptive Range
1 Life imprisonment or death
2 Eight to twelve years
3 Four to eight years
4 Two to four years
5 One to two years
(III) (A) As to any person sentenced for a felony committed on or after July 1,
1985, except as otherwise provided in subsection (1)(a)(III)(E) or (1)(a)(III)(F) of this
section, in addition to, or in lieu of, any sentence to imprisonment, probation,
community corrections, or work release, a fine within the following presumptive
ranges may be imposed for the specified classes of felonies:
Class Minimum Sentence Maximum Sentence
1 No fine No fine
2 Five thousand dollars One million dollars
3 Three thousand dollars Seven hundred fifty thousand dollars
4 Two thousand dollars Five hundred thousand dollars
5 One thousand dollars One hundred thousand dollars
6 One thousand dollars One hundred thousand dollars
(A.5) Notwithstanding any provision of law to the contrary, any person who
attempts to commit, conspires to commit, or commits against an elderly person any
felony set forth in part 4 of article 4 of this title, part 1, 2, 3, or 5 of article 5 of this
title, article 5.5 of this title, or section 11-51-603, C.R.S., shall be required to pay a
mandatory and substantial fine within the limits permitted by law. However, all
moneys collected from the offender shall be applied in the following order: Costs
for crime victim compensation fund pursuant to section 24-4.1-119, C.R.S.;
surcharges for victims and witnesses assistance and law enforcement fund
pursuant to section 24-4.2-104, C.R.S.; restitution; time payment fee; late fees; and
any other fines, fees, or surcharges. For purposes of this sub-subparagraph (A.5), an
elderly person or elderly victim means a person sixty years of age or older.
(B) Failure to pay a fine imposed pursuant to this subparagraph (III) is
grounds for revocation of probation or revocation of a sentence to community
corrections, assuming the defendant's ability to pay. If such a revocation occurs,
the court may impose the maximum sentence allowable in the given sentencing
ranges.
(C) Each judicial district shall have at least one clerk who shall collect and
administer the fines imposed under this subparagraph (III) and under section 18-1.3-501 in accordance with the provisions of sub-subparagraph (D) of this subparagraph
(III).
(D) All fines collected pursuant to this subsection (1)(a)(III) shall be deposited
in the judicial collection enhancement cash fund created in section 16-11-101.6 (2).
(E) Notwithstanding the provisions of sub-subparagraph (A) of this
subparagraph (III), a person who has been twice convicted of a felony under the
laws of this state, any other state, or the United States prior to the conviction for
which he or she is being sentenced shall not be eligible to receive a fine in lieu of
any sentence to imprisonment, community corrections, or work release but shall be
sentenced to at least the minimum sentence specified in subparagraph (V) of this
paragraph (a) and may receive a fine in addition to said sentence.
(F) On and after June 6, 2018, if a person is convicted of second degree
burglary as described in section 18-4-203 (2), in addition to any other sentence, the
court may require the person to pay a fine of at least five thousand dollars but not
exceeding seven hundred fifty thousand dollars.
(IV) As to any person sentenced for a felony committed on or after July 1,
1985, but prior to July 1, 1993, felonies are divided into six classes which are
distinguished from one another by the following presumptive ranges of penalties
which are authorized upon conviction:
Class Minimum Sentence Maximum Sentence
1 Life imprisonment Death
2 Eight years imprisonment Twenty-four years imprisonment
3 Four years imprisonment Sixteen years imprisonment
4 Two years imprisonment Eight years imprisonment
5 One year imprisonment Four years imprisonment
6 One year imprisonment Two years imprisonment
(V) (A) Except as otherwise provided in section 18-1.3-401.5 for offenses
contained in article 18 of this title 18 committed on or after October 1, 2013, as to
any person sentenced for a felony committed on or after July 1, 1993, and before
July 1, 2018, felonies are divided into six classes that are distinguished from one
another by the following presumptive ranges of penalties that are authorized upon
conviction:
Class Minimum Maximum Mandatory Period
Sentence Sentence of Parole
1 Life imprisonment Death None
2 Eight years Twenty-four years Five years
imprisonment imprisonment
3 Four years Twelve years Five years
imprisonment imprisonment
4 Two years Six years Three years
imprisonment imprisonment
5 One year Three years Two years
imprisonment imprisonment
6 One year Eighteen months One year
imprisonment imprisonment
(A.1) Subject to the provisions of subsection (1)(a)(V)(F) of this section, as to
any person sentenced for a felony committed on or after July 1, 2018, and prior to
July 1, 2020, felonies are divided into six classes that are distinguished from one
another by the following presumptive ranges of penalties that are authorized upon
conviction:
Class Minimum Maximum Mandatory Period
Sentence Sentence of Parole
1 Life imprisonment Death None
2 Eight years Twenty-four years Five years if the offense
imprisonment imprisonment is a crime of violence
as described in section
18-1.3-406 (2)
Three years if the offense
is not a crime of
violence as described
in section 18-1.3-406 (2)
3 Four years Twelve years Three years
imprisonment imprisonment
4 Two years Six years Three years
imprisonment imprisonment
5 One year Three years Two years
imprisonment imprisonment
6 One year Eighteen months One year
imprisonment imprisonment
(B) Any person who is paroled pursuant to section 17-22.5-403, or any person
who is not paroled and is discharged pursuant to law, shall be subject to the
mandatory period of parole established pursuant to subsection (1)(a)(V)(A) or
(1)(a)(V)(A.1) of this section. Such mandatory period of parole may not be waived by
the offender or waived or suspended by the court and shall be subject to the
provisions of section 17-22.5-403 (6), which permits the state board of parole to
discharge the offender at any time during the term of parole upon a determination
that the offender has been sufficiently rehabilitated and reintegrated into society
and can no longer benefit from parole supervision.
(C) Notwithstanding subsection (1)(a)(V)(A) or (1)(a)(V)(A.1) of this section, the
mandatory period of parole for a person convicted of a felony offense committed
prior to July 1, 1996, pursuant to part 4 of article 3 of this title 18, or part 3 of article
6 of this title 18, shall be five years. Notwithstanding subsection (1)(a)(V)(A) or
(1)(a)(V)(A.1) of this section, and except as otherwise provided in subsection
(1)(a)(V)(C.5) of this section, the period of parole for a person convicted of a felony
offense committed on or after July 1, 1996, but prior to July 1, 2002, pursuant to part
4 of article 3 of this title, or part 3 of article 6 of this title, shall be set by the state
board of parole pursuant to section 17-2-201 (5)(a.5), but in no event shall the term
of parole exceed the maximum sentence imposed upon the inmate by the court.
(C.3) (Deleted by amendment, L. 2002, p. 124, � 1, effective March 26, 2002.)
(C.5) Notwithstanding the provisions of subsection (1)(a)(V)(A) or (1)(a)(V)(A.1)
of this section, any person sentenced for a sex offense, as defined in section 18-1.3-1003 (5), committed on or after November 1, 1998, shall be sentenced pursuant to
the provisions of part 10 of this article 1.3.
(C.7) Any person sentenced for a felony committed on or after July 1, 2002,
involving unlawful sexual behavior, as defined in section 16-22-102 (9), or for a
felony, committed on or after July 1, 2002, the underlying factual basis of which
involved unlawful sexual behavior, and who is not subject to the provisions of part
10 of this article 1.3, shall be subject to the mandatory period of parole specified in
subsection (1)(a)(V)(A) or (1)(a)(V)(A.1) of this section.
(D) The mandatory period of parole imposed pursuant to subsection
(1)(a)(V)(A) or (1)(a)(V)(A.1) of this section shall commence immediately upon the
discharge of an offender from imprisonment in the custody of the department of
corrections. If the offender has been granted release to parole supervision by the
state board of parole, the offender shall be deemed to have discharged the
offender's sentence to imprisonment provided for in subsection (1)(a)(V)(A) or
(1)(a)(V)(A.1) of this section in the same manner as if such sentence were discharged
pursuant to law; except that the sentence to imprisonment for any person
sentenced as a sex offender pursuant to part 10 of this article 1.3 shall not be
deemed discharged on release of said person on parole. When an offender is
released by the state board of parole or released because the offender's sentence
was discharged pursuant to law, the mandatory period of parole shall be served by
such offender. An offender sentenced for nonviolent felony offenses, as defined in
section 17-22.5-405 (5), may receive earned time pursuant to section 17-22.5-405,
while serving a mandatory parole period in accordance with this section, but not
while such offender is reincarcerated after a revocation of the mandatory period of
parole. An offender who is sentenced for a felony committed on or after July 1,
1993, and paroled on or after January 1, 2009, shall be eligible to receive any earned
time while on parole or after reparole following a parole revocation. The offender
shall not be eligible for earned time while the offender is reincarcerated after
revocation of the mandatory period of parole pursuant to this subsection (1)(a)(V).
(E) If an offender is sentenced consecutively for the commission of two or
more felony offenses pursuant to subsection (1)(a)(V)(A) or (1)(a)(V)(A.1) of this
section, the mandatory period of parole for such offender shall be the mandatory
period of parole established for the highest class felony of which such offender has
been convicted.
(F) Notwithstanding any other provision to the contrary, the maximum
sentence for a class 1 felony that is charged after July 1, 2020, is life imprisonment.
(V.5) (A) As to any person sentenced for a felony for an offense committed
on or after July 1, 2020, felonies are divided into six classes that are distinguished
from one another by the following presumptive ranges of penalties that are
authorized upon conviction:
Class Minimum Maximum Mandatory Period
Sentence Sentence of Parole
1 Life imprisonment None
2 Eight years Twenty-four years Five years if
imprisonment imprisonment offense is a
crime of
violence as
described in
section 18-1.3-406 (2)
Three years
if the offense
is not a crime
of violence
as described
in section
18-1.3-406 (2)
3 Four years Twelve years Three years
imprisonment imprisonment
4 Two years Six years Three years
imprisonment imprisonment
5 One year Three years Two years
imprisonment imprisonment
6 One year Eighteen months One year
imprisonment imprisonment
(B) Any person who is paroled pursuant to section 17-22.5-403, or any person
who is not paroled and is discharged pursuant to law, shall be subject to the
mandatory period of parole established pursuant to subsection (1)(a)(V.5)(A) of this
section. Such mandatory period of parole may not be waived by the offender or
waived or suspended by the court and shall be subject to the provisions of section
17-22.5-403 (8), which permits the state board of parole to discharge the offender
at any time during the term of parole upon a determination that the offender has
been sufficiently rehabilitated and reintegrated into society and can no longer
benefit from parole supervision.
(C) Notwithstanding the provisions of subsection (1)(a)(V.5)(A) of this section,
any person sentenced for a sex offense, as defined in section 18-1.3-1003 (5),
committed on or after July 1, 2020, shall be sentenced pursuant to the provisions of
part 10 of this article 1.3.
(D) Any person sentenced for a felony conviction entered on or after July 1,
2020, involving unlawful sexual behavior, as defined in section 16-22-102 (9), or for
a felony committed on or after July 1, 2020, the underlying factual basis of which
involved unlawful sexual behavior, and who is not subject to the provisions of part
10 of this article 1.3, shall be subject to the mandatory period of parole specified in
subsection (1)(a)(V.5)(A) of this section.
(E) The mandatory period of parole imposed pursuant to subsection
(1)(a)(V.5)(A) of this section shall commence immediately upon the discharge of an
offender from imprisonment in the custody of the department of corrections. If the
offender has been granted release to parole supervision by the state board of
parole, the offender shall be deemed to have discharged the offender's sentence to
imprisonment provided for in subsection (1)(a)(V.5)(A) of this section in the same
manner as if such sentence were discharged pursuant to law; except that the
sentence to imprisonment for any person sentenced as a sex offender pursuant to
part 10 of this article 1.3 shall not be deemed discharged on release of said person
on parole. When an offender is released by the state board of parole or released
because the offender's sentence was discharged pursuant to law, the mandatory
period of parole shall be served by such offender. An offender sentenced for a
nonviolent felony offense, as defined in section 17-22.5-405 (5), may receive earned
time pursuant to section 17-22.5-405 while serving a mandatory parole period in
accordance with this section, but not while such offender is reincarcerated after a
revocation of the mandatory period of parole. An offender shall be eligible to
receive earned time while on parole or after reparole following a parole revocation.
The offender shall not be eligible for earned time while the offender is
reincarcerated after revocation of the mandatory period of parole pursuant to this
subsection (1)(a)(V.5).
(F) If an offender is sentenced consecutively for the commission of two or
more felony offenses pursuant to subsection (1)(a)(V.5)(A) of this section, the
mandatory period of parole for such offender shall be the mandatory period of
parole established for the highest class felony of which such offender has been
convicted.
(VI) Any person sentenced for a class 2, 3, 4, or 5 felony, or a class 6 felony
that is the offender's second or subsequent felony offense, committed on or after
July 1, 1998, regardless of the length of the person's sentence to incarceration and
the mandatory period of parole, shall not be deemed to have fully discharged his or
her sentence until said person has either completed or been discharged by the
state board of parole from the mandatory period of parole imposed pursuant to
subparagraph (V) of this paragraph (a).
(b) (I) Except as provided in subsection (6) and subsection (8) of this section
and in section 18-1.3-804, a person who has been convicted of a class 2, class 3,
class 4, class 5, or class 6 felony shall be punished by the imposition of a definite
sentence which is within the presumptive ranges set forth in paragraph (a) of this
subsection (1). In imposing the sentence within the presumptive range, the court
shall consider the nature and elements of the offense, the character and record of
the offender, and all aggravating or mitigating circumstances surrounding the
offense and the offender. The prediction of the potential for future criminality by a
particular defendant, unless based on prior criminal conduct, shall not be
considered in determining the length of sentence to be imposed.
(II) As to any person sentenced for a felony committed on or after July 1,
1985, a person may be sentenced to imprisonment as described in subparagraph (I)
of this paragraph (b) or to pay a fine that is within the presumptive ranges set forth
in subparagraph (III) of paragraph (a) of this subsection (1) or to both such fine and
imprisonment; except that any person who has been twice convicted of a felony
under the laws of this state, any other state, or the United States prior to the
conviction for which he or she is being sentenced shall not be eligible to receive a
fine in lieu of any sentence to imprisonment as described in subparagraph (I) of this
paragraph (b) but shall be sentenced to at least the minimum sentence specified in
subparagraph (V) of paragraph (a) of this subsection (1) and may receive a fine in
addition to said sentence.
(II.5) Notwithstanding anything in this section to the contrary, any person
sentenced for a sex offense, as defined in section 18-1.3-1003 (5), committed on or
after November 1, 1998, may be sentenced to pay a fine in addition to, but not
instead of, a sentence for imprisonment or probation pursuant to section 18-1.3-1004.
(III) Notwithstanding anything in this section to the contrary, as to any person
sentenced for a crime of violence, as defined in section 18-1.3-406, committed on or
after July 1, 1985, a person may be sentenced to pay a fine in addition to, but not
instead of, a sentence for imprisonment.
(IV) If a person is convicted of assault in the first degree pursuant to section
18-3-202 or assault in the second degree pursuant to section 18-3-203 (1)(c.5), and
the victim is a peace officer, firefighter, or emergency medical service provider
engaged in the performance of his or her duties, as defined in section 18-1.3-501
(1.5)(b), notwithstanding the provisions of subparagraph (III) of paragraph (a) of this
subsection (1) and subparagraph (II) of this paragraph (b), the court shall sentence
the person to the department of corrections. In addition to a term of imprisonment,
the court may impose a fine on the person pursuant to subparagraph (III) of
paragraph (a) of this subsection (1).
(c) Except as otherwise provided by statute, felonies are punishable by
imprisonment in any correctional facility under the supervision of the executive
director of the department of corrections. Nothing in this section shall limit the
authority granted in part 8 of this article to increase sentences for habitual
criminals. Nothing in this section shall limit the authority granted in parts 9 and 10
of this article to sentence sex offenders to the department of corrections or to
sentence sex offenders to probation for an indeterminate term. Nothing in this
section shall limit the authority granted in section 18-1.3-804 for increased
sentences for habitual burglary offenders.
(2) (a) A corporation which has been found guilty of a class 2 or class 3
felony shall be subject to imposition of a fine of not less than five thousand dollars
nor more than fifty thousand dollars. A corporation which has been found guilty of a
class 4, class 5, or class 6 felony shall be subject to imposition of a fine of not less
than one thousand dollars nor more than thirty thousand dollars.
(b) A corporation which has been found guilty of a class 2, class 3, class 4,
class 5, or class 6 felony, for an act committed on or after July 1, 1985, shall be
subject to imposition of a fine which is within the presumptive ranges set forth in
subparagraph (III) of paragraph (a) of subsection (1) of this section.
(3) Every person convicted of a felony, whether defined as such within or
outside this code, shall be disqualified from holding any office of honor, trust, or
profit under the laws of this state or from practicing as an attorney in any of the
courts of this state during the actual time of confinement or commitment to
imprisonment or release from actual confinement on conditions of probation. Upon
his or her discharge after completion of service of his or her sentence or after
service under probation, the right to hold any office of honor, trust, or profit shall be
restored, except as provided in section 4 of article XII of the state constitution.
(4) (a) (I) A person who has been convicted of a class 1 felony shall be
punished by life imprisonment in the department of corrections unless the offense
was charged prior to July 1, 2020, and a proceeding held to determine sentence
according to the procedure set forth in section 18-1.3-1201, 18-1.3-1302, or 18-1.4-102 results in a verdict that requires imposition of the death penalty, in which event
such person shall be sentenced to death.
(II) A person who has been convicted of a class 1 felony shall be punished by
life imprisonment in the department of corrections if the offense was committed
during a period of time when Colorado's death penalty was unconstitutional.
(III) As to any person sentenced for a class 1 felony, for an act committed on
or after July 1, 1985, and before July 1, 1990, life imprisonment shall mean
imprisonment without the possibility of parole for forty calendar years. As to any
person sentenced for a class 1 felony, for an act committed on or after July 1, 1990,
life imprisonment shall mean imprisonment without the possibility of parole.
(b) (I) Notwithstanding subsection (1)(a)(V)(A) of this section and
notwithstanding subsection (4)(a) of this section, as to a person who is convicted as
an adult of a class 1 felony following direct filing of an information or indictment in
the district court pursuant to section 19-2.5-801 or transfer of proceedings to the
district court pursuant to section 19-2.5-802, the district court judge shall sentence
the person to a term of life imprisonment with the possibility of parole after serving
a period of forty years, less any earned time granted pursuant to section 17-22.5-405. Regardless of whether the state board of parole releases the person on parole,
the person shall remain in the legal custody of the department of corrections for
the remainder of the person's life and shall not be discharged.
(II) The provisions of this paragraph (b) shall apply to persons sentenced for
offenses committed on or after July 1, 2006.
(c) (I) Notwithstanding subsections (1)(a)(V)(A), (4)(a), and (4)(b) of this
section, as to a person who is convicted as an adult of a class 1 felony following a
direct filing of an information or indictment in the district court pursuant to section
19-2.5-801, or transfer of proceedings to the district court pursuant to section 19-2.5-802, or pursuant to either of these sections as they existed prior to their repeal
and reenactment, with amendments, by House Bill 96-1005, which felony was
committed on or after July 1, 1990, and before July 1, 2006, and who received a
sentence to life imprisonment without the possibility of parole:
(A) If the felony for which the person was convicted is murder in the first
degree, as described in section 18-3-102 (1)(b), as it existed prior to September 15,
2021, then the district court, after holding a hearing, may sentence the person to a
determinate sentence within the range of thirty to fifty years in prison, less any
earned time granted pursuant to section 17-22.5-405, if, after considering the
factors described in subsection (4)(c)(II) of this section, the district court finds
extraordinary mitigating circumstances. Alternatively, the court may sentence the
person to a term of life imprisonment with the possibility of parole after serving
forty years, less any earned time granted pursuant to section 17-22.5-405.
(B) If the felony for which the person was convicted is not murder in the first
degree, as described in section 18-3-102 (1)(b), as it existed prior to September 15,
2021, then the district court shall sentence the person to a term of life
imprisonment with the possibility of parole after serving forty years, less any
earned time granted pursuant to section 17-22.5-405.
(II) In determining whether extraordinary mitigating circumstances exist, the
court shall conduct a sentencing hearing, make factual findings to support its
decision, and consider relevant evidence presented by either party regarding the
following factors:
(A) The diminished culpability and heightened capacity for change
associated with youth;
(B) The offender's developmental maturity and chronological age at the time
of the offense and the hallmark features of such age, including but not limited to
immaturity, impetuosity, and inability to appreciate risks and consequences;
(C) The offender's capacity for change and potential for rehabilitation,
including any evidence of the offender's efforts toward, or amenability to,
rehabilitation;
(D) The impact of the offense upon any victim or victim's immediate family;
and
(E) Any other factors that the court deems relevant to its decision, so long as
the court identifies such factors on the record.
(III) If a person is sentenced to a determinate range of thirty to fifty years in
prison pursuant to this paragraph (c), the court shall impose a mandatory period of
ten years parole.
(IV) If a person is sentenced to a term of life imprisonment with the
possibility of parole after serving forty years, less any earned time granted
pursuant to section 17-22.5-405, C.R.S., regardless of whether the state board of
parole releases the person on parole, the person shall remain in the legal custody of
the department of corrections for the remainder of his or her life and shall not be
discharged.
(5) In the event the death penalty as provided for in this section is held to be
unconstitutional by the Colorado supreme court or the United States supreme
court, a person convicted of a crime punishable by death under the laws of this
state shall be punished by life imprisonment. In such circumstance, the court which
previously sentenced a person to death shall cause such person to be brought
before the court, and the court shall sentence such person to life imprisonment.
(6) In imposing a sentence to incarceration, the court shall impose a definite
sentence which is within the presumptive ranges set forth in subsection (1) of this
section unless it concludes that extraordinary mitigating or aggravating
circumstances are present, are based on evidence in the record of the sentencing
hearing and the presentence report, and support a different sentence which better
serves the purposes of this code with respect to sentencing, as set forth in section
18-1-102.5. If the court finds such extraordinary mitigating or aggravating
circumstances, it may impose a sentence which is lesser or greater than the
presumptive range; except that in no case shall the term of sentence be greater
than twice the maximum nor less than one-half the minimum term authorized in the
presumptive range for the punishment of the offense.
(7) In all cases, except as provided in subsection (8) of this section, in which
a sentence which is not within the presumptive range is imposed, the court shall
make specific findings on the record of the case, detailing the specific
extraordinary circumstances which constitute the reasons for varying from the
presumptive sentence.
(8) (a) The presence of any one or more of the following extraordinary
aggravating circumstances shall require the court, if it sentences the defendant to
incarceration, to sentence the defendant to a term of at least the midpoint in the
presumptive range but not more than twice the maximum term authorized in the
presumptive range for the punishment of a felony:
(I) The defendant is convicted of a crime of violence under section 18-1.3-406;
(II) The defendant was on parole for another felony at the time of
commission of the felony;
(III) The defendant was on probation or was on bond while awaiting
sentencing following revocation of probation for another felony at the time of the
commission of the felony;
(IV) The defendant was under confinement, in prison, or in any correctional
institution as a convicted felon, or an escapee from any correctional institution for
another felony at the time of the commission of a felony;
(V) At the time of the commission of the felony, the defendant was on appeal
bond following his or her conviction for a previous felony;
(VI) At the time of the commission of a felony, the defendant was on
probation for or on bond while awaiting sentencing following revocation of
probation for a delinquent act that would have constituted a felony if committed by
an adult.
(b) In any case in which one or more of the extraordinary aggravating
circumstances provided for in paragraph (a) of this subsection (8) exist, the
provisions of subsection (7) of this section shall not apply.
(c) Nothing in this subsection (8) shall preclude the court from considering
aggravating circumstances other than those stated in paragraph (a) of this
subsection (8) as the basis for sentencing the defendant to a term greater than the
presumptive range for the felony.
(d) (I) If the defendant is convicted of the class 2 or the class 3 felony of
child abuse under section 18-6-401 (7)(a)(I) or (7)(a)(III), the court shall be required
to sentence the defendant to the department of corrections for a term of at least
the midpoint in the presumptive range but not more than twice the maximum term
authorized in the presumptive range for the punishment of that class felony.
(II) In no case shall any defendant sentenced pursuant to subparagraph (I) of
this paragraph (d) be eligible for suspension of sentence or for probation or
deferred prosecution.
(e) (I) If the defendant is convicted of the class 2 felony of sexual assault in
the first degree under section 18-3-402 (3), commission of which offense occurs
prior to November 1, 1998, the court shall be required to sentence the defendant to
a term of at least the midpoint in the presumptive range but not more than twice
the maximum term authorized in the presumptive range for the punishment of that
class of felony.
(II) In no case shall any defendant sentenced pursuant to subparagraph (I) of
this paragraph (e) be eligible for suspension of sentence or probation.
(III) As a condition of parole under section 17-2-201 (5)(e), C.R.S., a defendant
sentenced pursuant to this paragraph (e) shall be required to participate in a
program of mental health counseling or receive appropriate treatment to the extent
that the state board of parole deems appropriate to effectuate the successful
reintegration of the defendant into the community while recognizing the need for
public safety.
(e.5) If the defendant is convicted of the class 2 felony of sexual assault
under section 18-3-402 (5) or the class 2 felony of sexual assault in the first degree
under section 18-3-402 (3) as it existed prior to July 1, 2000, commission of which
offense occurs on or after November 1, 1998, the court shall be required to
sentence the defendant to the department of corrections for an indeterminate
sentence of at least the midpoint in the presumptive range for the punishment of
that class of felony up to the defendant's natural life.
(f) The court may consider aggravating circumstances such as serious bodily
injury caused to the victim or the use of a weapon in the commission of a crime,
notwithstanding the fact that such factors constitute elements of the offense.
(g) If the defendant is convicted of class 4 or class 3 felony vehicular
homicide under section 18-3-106 (1)(a) or (1)(b), and while committing vehicular
homicide the defendant was in immediate flight from the commission of another
felony, the court shall be required to sentence the defendant to the department of
corrections for a term of at least the midpoint in the presumptive range but not
more than twice the maximum term authorized in the presumptive range for the
punishment of the class of felony vehicular homicide of which the defendant is
convicted.
(9) The presence of any one or more of the following sentence-enhancing
circumstances shall require the court, if it sentences the defendant to
incarceration, to sentence the defendant to a term of at least the minimum in the
presumptive range but not more than twice the maximum term authorized in the
presumptive range for the punishment of a felony:
(a) At the time of the commission of the felony, the defendant was charged
with or was on bond for a felony in a previous case and the defendant was convicted
of any felony in the previous case;
(a.5) At the time of the commission of the felony, the defendant was charged
with or was on bond for a delinquent act that would have constituted a felony if
committed by an adult;
(b) At the time of the commission of the felony, the defendant was on bond
for having pled guilty to a lesser offense when the original offense charged was a
felony;
(c) The defendant was under a deferred judgment and sentence for another
felony at the time of the commission of the felony;
(c.5) At the time of the commission of the felony, the defendant was on bond
in a juvenile prosecution under title 19, C.R.S., for having pled guilty to a lesser
delinquent act when the original delinquent act charged would have constituted a
felony if committed by an adult;
(c.7) At the time of the commission of the felony, the defendant was under a
deferred judgment and sentence for a delinquent act that would have constituted a
felony if committed by an adult;
(d) At the time of the commission of the felony, the defendant was on parole
for having been adjudicated a delinquent child for an offense which would
constitute a felony if committed by an adult.
(10) (a) The general assembly hereby finds that certain crimes that are listed
in subsection (10)(b) of this section present an extraordinary risk of harm to society
and therefore, in the interest of public safety, for such crimes that constitute class
3 felonies, the maximum sentence in the presumptive range is increased by four
years; for such crimes that constitute class 4 felonies, the maximum sentence in
the presumptive range is increased by two years; for such crimes that constitute
class 5 felonies, the maximum sentence in the presumptive range is increased by
one year; for such crimes that constitute class 6 felonies, the maximum sentence in
the presumptive range is increased by six months.
(b) Crimes that present an extraordinary risk of harm to society include the
following:
(I) to (VIII) Repealed.
(IX) Aggravated robbery, as defined in section 18-4-302;
(X) Child abuse, as defined in section 18-6-401;
(XI) Unlawful distribution, manufacturing, dispensing, sale, or possession of a
controlled substance with the intent to sell, distribute, manufacture, or dispense, as
defined in section 18-18-405;
(XII) Any crime of violence, as defined in section 18-1.3-406;
(XIII) Stalking, as described in section 18-9-111 (4), as it existed prior to
August 11, 2010, or section 18-3-602;
(XIV) Sale or distribution of materials to manufacture controlled substances,
as described in section 18-18-412.7;
(XV) Felony invasion of privacy for sexual gratification, as described in
section 18-3-405.6;
(XVI) A class 3 felony offense of human trafficking for involuntary servitude,
as described in section 18-3-503;
(XVII) A class 3 felony offense of human trafficking for sexual servitude, as
described in section 18-3-504;
(XVIII) Assault in the second degree, as described in section 18-3-203 (1)(i);
and
(XIX) Sexual exploitation of a child, as described in section 18-6-403 (5.5).
(c) Repealed.
(11) When it shall appear 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 best
served thereby, the court shall have the power to suspend the imposition or
execution of sentence for such period and upon such terms and conditions as it may
deem best; except that in no instance shall the court have the power to suspend a
sentence to a term of incarceration when the defendant is sentenced pursuant to a
sentencing provision that requires incarceration or imprisonment in the department
of corrections, community corrections, or jail. In no instance shall a sentence be
suspended if the defendant is ineligible for probation pursuant to section 18-1.3-201, except upon an express waiver being made by the sentencing court regarding
a particular defendant upon recommendation of the district attorney and approval
of such recommendation by an order of the sentencing court pursuant to section
18-1.3-201 (4).
(12) Every sentence entered under this section shall include consideration of
restitution as required by part 6 of this article and by article 18.5 of title 16, C.R.S.
(13) (a) The court, if it sentences a defendant who is convicted of any one or
more of the offenses specified in paragraph (b) of this subsection (13) to
incarceration, shall sentence the defendant to a term of at least the midpoint, but
not more than twice the maximum, of the presumptive range authorized for the
punishment of the offense of which the defendant is convicted if the court makes
the following findings on the record:
(I) The victim of the offense was pregnant at the time of commission of the
offense; and
(II) The defendant knew or reasonably should have known that the victim of
the offense was pregnant.
(III) (Deleted by amendment, L. 2003, p. 2163, � 3, effective July 1, 2003.)
(b) The provisions of this subsection (13) shall apply to the following
offenses:
(I) Murder in the second degree, as described in section 18-3-103;
(II) Manslaughter, as described in section 18-3-104;
(III) Criminally negligent homicide, as described in section 18-3-105;
(IV) Vehicular homicide, as described in section 18-3-106;
(V) Assault in the first degree, as described in section 18-3-202;
(VI) Assault in the second degree, as described in section 18-3-203;
(VII) Vehicular assault, as described in section 18-3-205.
(c) Notwithstanding any provision of this subsection (13) to the contrary, for
any of the offenses specified in paragraph (b) of this subsection (13) that constitute
crimes of violence, the court shall sentence the defendant in accordance with the
provisions of section 18-1.3-406.
(14) The court may sentence a defendant to the youthful offender system
created in section 18-1.3-407 if the defendant is an eligible young adult offender
pursuant to section 18-1.3-407.5.
Legislative History
Nearby Sections
15
Cite This Page — Counsel Stack
Colorado § 18-1.3-401, Counsel Stack Legal Research, https://law.counselstack.com/statute/co/18/18-1.3-401.