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Colorado Statutes, Title 16

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Title 16, Criminal Proceedings

0 chapters · 536 sections in this title.

All chapters in Title 16536 Ch 2.571 Ch 345 Ch 1343 Ch 1935 Ch 427 Ch 826 Ch 1226 Ch 8.526 Ch 1121 Ch 518 Ch 1018 Ch 716 Ch 2215 Ch 214

43 sections·Filtered byTitle 16✕Ch 13✕

Colo. Rev. Stat. § 16-13-1001 Legislative declaration
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(1) The general assembly finds that: (a) (I) In the 2012 case of Miller v. Alabama, the United States supreme court held that imposing a mandatory life sentence without the possibility of parole on a juvenile is a cruel and unusual punishment prohibited by the eighth amendment to…
Colo. Rev. Stat. § 16-13-1002 Resentencing hearing for persons serving life sentences without the possibility of parole as the result of a direct file or transfer
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(1) A person may petition the sentencing court for a resentencing hearing if the person was: (a) A juvenile at the time of his or her offense; (b) Convicted as an adult of a class 1 felony following direct filing of an information or indictment in the district court pursuant to s…
Colo. Rev. Stat. § 16-13-216 Powers and duties of the board
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(1) (a) Within six months after a person is committed pursuant to section 18-1.3-904, C.R.S., and at least once during each twelve months thereafter, the board shall review all reports, records, and information concerning said person, for the purpose of determining whether said p…
Colo. Rev. Stat. § 16-13-301 Definitions

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As used in this part 3, unless the context otherwise requires: (1) "Action to abate a public nuisance" means any action authorized by this part 3 to restrain, remove, terminate, prevent, abate, or perpetually enjoin a public nuisance. (2) "Building" means a structure which has th…

Colo. Rev. Stat. § 16-13-302 Public nuisances - policy

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(1) It is the policy of the general assembly that every public nuisance shall be restrained, prevented, abated, and perpetually enjoined. It is the duty of the district attorney in each judicial district of this state to bring and maintain an action, pursuant to the provisions of…

Colo. Rev. Stat. § 16-13-303 Class 1 public nuisance

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(1) Every building or part of a building, including the ground upon which it is situate and all fixtures and contents thereof, every vehicle, and any real property is deemed a class 1 public nuisance when: (a) Used as a public or private place of prostitution or used as a place w…

Colo. Rev. Stat. § 16-13-304 Class 2 public nuisance

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(1) The following are deemed to be a class 2 public nuisance: (a) Any place where people congregate, which encourages a disturbance of the peace, or where the conduct of persons in or about that place is such as to annoy or disturb the peace of the occupants of or persons attendi…

Colo. Rev. Stat. § 16-13-305 Class 3 public nuisance

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(1) The following are a class 3 public nuisance: (a) The conducting or maintaining of any business, occupation, operation, or activity prohibited by a statute of this state; or (b) The continuous or repeated conducting or maintaining of any business, occupation, operation, activi…

Colo. Rev. Stat. § 16-13-306 Class 4 public nuisance

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If any person carries on or practices any profession or calling or operates any business required to be licensed by the laws of the state of Colorado without first procuring a license therefor, or carries on or practices such profession or calling or operates such business after …

Colo. Rev. Stat. § 16-13-306.5 Limitations on receipt of forfeiture payments from federal agencies

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(1) A seizing agency or participant in any joint task force or other multijurisdictional collaboration shall accept payment or distribution from a federal agency of all or a portion of any forfeiture proceeds resulting from adoption or a joint task force or other multijurisdictio…

Colo. Rev. Stat. § 16-13-307 Jurisdiction - venue - parties - process

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(1) The several district courts of this state shall have original jurisdiction of proceedings under this part 3. (1.5) A court shall not enter judgment of forfeiture of property in any forfeiture proceeding unless and until an owner of the property is convicted of an offense list…

Colo. Rev. Stat. § 16-13-308 Temporary restraining order - preliminary injunction - when to issue

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(1) (a) If probable cause for the existence of a class 1 public nuisance is shown to the court by means of a complaint supported by an affidavit, the court shall issue a temporary restraining order to abate and prevent the continuance or recurrence of the nuisance or to secure pr…

Colo. Rev. Stat. § 16-13-309 Judgment - relief

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(1) The judgment in an action to abate a public nuisance may include a permanent injunction to restrain, abate, and prevent the continuance or recurrence of the nuisance and an order directing the confiscation and forfeiture of property. The court may grant declaratory relief, ma…

Colo. Rev. Stat. § 16-13-310 Redelivery of seized premises

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(1) If the owner of a building, a place, or any real property seized and closed as a class 1 public nuisance has not been guilty of any contempt of court in the proceedings, and appears and pays all costs, fees, and allowances which are declared by this section to be a lien on th…

Colo. Rev. Stat. § 16-13-311 Disposition of seized personal property

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(1) Any personal property subject to seizure, confiscation, forfeiture, or destruction under the provisions of this part 3, and which is seized as a part of or incident to proceedings under this part 3 for which disposition is not provided by another statute of this state, shall …

Colo. Rev. Stat. § 16-13-312 Violation of injunction

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Any violation or disobedience of any injunction or order issued by the court in an action to abate a public nuisance shall be punished as a contempt of court by a fine of not less than two hundred dollars nor more than two thousand dollars; but the court may treat each day on whi…

Colo. Rev. Stat. § 16-13-313 Fees - costs and fines - lien and collection

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(1) For removing and selling personal property as provided in this part 3, the sheriff shall be entitled to charge and receive the same fees as he would for levying upon and selling like property on execution. (2) For seizing and closing any building, premises, or vehicle as prov…

Colo. Rev. Stat. § 16-13-314 Disposition of forfeited real property

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(1) In an action to abate a class 1 public nuisance, if the court finds that such class 1 public nuisance exists and that the same has been conducted, used, or maintained by the owner of a building, place, or any real property seized and closed as a class 1 public nuisance, or th…

Colo. Rev. Stat. § 16-13-315 Seizure of personal property

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(1) Any personal property subject to seizure, confiscation, or forfeiture under the provisions of this part 3 may be seized: (a) Pursuant to any writ, order, or injunction issued under the provisions of this part 3; or (b) Under the authority of a search warrant; or (c) By any pe…

Colo. Rev. Stat. § 16-13-316 Prior liens not subject to forfeiture - vesting of title

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(1) Nothing in this part 3 shall be construed in such manner as to destroy the validity of a bona fide lien upon real or personal property appearing of record prior to the seizure of personal property, prior to the filing of a notice of seizure, as provided in subsection (3) of t…

Colo. Rev. Stat. § 16-13-318 Forfeiture defense counsel - fund - definitions

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(1) As used in this section, unless the context otherwise requires: (a) "Administrator" means the state court administrator appointed pursuant to section 13-3-101. (b) "Forfeiture defendant" means a person who claims an interest in property subject to a forfeiture proceeding. (c)…

Colo. Rev. Stat. § 16-13-501 Short title

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This part 5 shall be known and may be cited as the "Colorado Contraband Forfeiture Act". Source: L. 84: Entire part added, p. 505, § 1, effective July 1.

Colo. Rev. Stat. § 16-13-501.5 Legislative declaration

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(1) It is the intent of the general assembly that proceedings under this part 5 be remedial in nature and designed to benefit the public good by appropriating contraband property for use by law enforcement. (2) It is also the policy of the general assembly that asset forfeiture p…

Colo. Rev. Stat. § 16-13-502 Definitions

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As used in this part 5, unless the context otherwise requires: (1) "Contraband article" means any controlled substance, as defined in section 18-18-102 (5), C.R.S., any other drug the possession of which is an offense under the laws of this state, any imitation controlled substan…

Colo. Rev. Stat. § 16-13-503 Subject acts

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(1) The following acts are subject to this part 5: (a) Engaging in the unlawful manufacture, cultivation, growth, production, processing, or distribution for sale of, or sale of, or storing or possessing for any unlawful manufacture or distribution for sale of, or for sale of, an…

Colo. Rev. Stat. § 16-13-504 Forfeiture of vehicle, fixtures and contents of building, personal property, or contraband article - exceptions

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(1) Any vehicle or personal property, including fixtures and contents of a structure or building, as defined in section 16-13-301 (2), currency, securities, or negotiable instruments, which has been or is being used in any of the acts specified in section 16-13-503 or in, upon, o…

Colo. Rev. Stat. § 16-13-504.5 Limitations on receipt of forfeiture payments from federal agencies

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(1) A seizing agency or participant in any joint task force or other multijurisdictional collaboration shall accept payment or distribution from a federal agency of all or a portion of any forfeiture proceeds resulting from adoption or a joint task force or other multijurisdictio…

Colo. Rev. Stat. § 16-13-505 Forfeiture proceedings

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(1) The several district courts of this state shall have original jurisdiction in proceedings under this part 5. (1.5) A court shall not enter judgment of forfeiture of property in any forfeiture proceeding unless and until an owner of the property is convicted of an offense invo…

Colo. Rev. Stat. § 16-13-506 Final order - disposition of property

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(1) If the prosecution prevails in the forfeiture action, the court shall order the property forfeited and perfect the state's right and interest in and title to such property. The court shall also order such property to be sold at public sale by the law enforcement agency in pos…

Colo. Rev. Stat. § 16-13-507 Disposition of contraband article or property

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Any property seized pursuant to section 16-13-504 which is required by law to be destroyed, or the possession of which is illegal, or which in the opinion of the court is not properly the subject of a sale may be destroyed pursuant to a warrant for the destruction of personal pro…

Colo. Rev. Stat. § 16-13-508 Forfeitures

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Notwithstanding anything contained in this part 5, this part 5 shall not be construed as an amendment or repeal of any of the criminal laws of this state, but the provisions of this part 5, insofar as they relate to those laws, shall be considered a cumulative right of the people…

Colo. Rev. Stat. § 16-13-509 Evidentiary presumption

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(1) Whenever clear and convincing evidence adduced in an action pursuant to this part 5 shows a substantial connection between currency and the acts specified in section 16-13-503, a rebuttable presumption shall arise that said currency is contraband property. A substantial conne…

Colo. Rev. Stat. § 16-13-510 Money placed in account

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Currency seized pursuant to this part 5 may be placed in an interest-bearing account during the proceedings pursuant to this part 5 if so ordered by the court upon the motion of any party. Photocopies of portions of the bills shall serve as evidence at all hearings. The account a…

Colo. Rev. Stat. § 16-13-511 Severability

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If any provision of this part 5 is found by a court of competent jurisdiction to be unconstitutional, the remaining provisions of this part 5 are valid, unless it appears to the court that the valid provisions of this part 5 are so essentially and inseparably connected with, and …

Colo. Rev. Stat. § 16-13-601 Receipt of federally forfeited property

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Any agency charged with the enforcement of the laws of this state, including the Colorado National Guard when participating in operations pursuant to the drug interdiction and enforcement plan required by part 13 of article 3 of title 28, C.R.S., is authorized to accept, receive,…

Colo. Rev. Stat. § 16-13-701 Reports related to seizures and forfeitures - legislative declaration - definitions

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(1) The general assembly finds that: (a) Under state and federal forfeiture laws and subject to the due process provisions provided in both state and federal law as applicable, state and local law enforcement agencies are authorized to seize money and other property and to use fo…

Colo. Rev. Stat. § 16-13-702 Disposition of forfeited property

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(1) No forfeited property shall be used nor shall any forfeited proceeds be expended by any seizing agency to whom section 16-13-701 applies unless such use or expenditure has been approved by a committee on disposition of forfeited property which is created in subsection (2) of …

Colo. Rev. Stat. § 16-13-901 Legislative declaration

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The general assembly hereby finds that persons who are convicted of offenses involving unlawful sexual behavior and who are identified as sexually violent predators pose a high enough level of risk to the community that persons in the community should receive notification concern…

Colo. Rev. Stat. § 16-13-902 Definitions

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As used in this part 9, unless the context otherwise requires: (1) "Department" means the department of corrections created in section 24-1-128.5, C.R.S. (2) "Management board" means the sex offender management board created in section 16-11.7-103. (3) "Parole board" means the st…

Colo. Rev. Stat. § 16-13-903 Sexually violent predator subject to community notification - determination - implementation

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(1) A sexually violent predator shall be subject to community notification as provided in this part 9, pursuant to criteria, protocols, and procedures established by the management board pursuant to section 16-13-904. (2) (Deleted by amendment, L. 2006, p. 1312, § 3, effective Ma…

Colo. Rev. Stat. § 16-13-904 Sex offender management board - duties

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(1) The management board, in collaboration with the department of corrections, the judicial department, and the parole board, shall establish and revise when necessary: (a) (Deleted by amendment, L. 2006, p. 1312, § 4, effective May 30, 2006.) (b) Criteria to be applied by a loca…

Colo. Rev. Stat. § 16-13-905 Local law enforcement - duties - immunity

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(1) The local law enforcement agency for the jurisdiction in which a sexually violent predator who is subject to community notification resides shall be responsible for carrying out any community notification regarding said sexually violent predator. Such community notification s…

Colo. Rev. Stat. § 16-13-906 Division of criminal justice - technical assistance team

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(1) The division of criminal justice of the department of public safety shall establish a technical assistance team to provide assistance to local law enforcement agencies in carrying out community notification. The technical assistance team shall include persons with expertise i…