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Colorado Statutes, Title 18

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Title 18, Criminal Code

0 chapters · 877 sections in this title.

All chapters in Title 18877 Ch 1.3109 Ch 891 Ch 179 Ch 1877 Ch 1263 Ch 461 Ch 560 Ch 358 Ch 956 Ch 739 Ch 1331 Ch 624 Ch 2015 Ch 1610

877 sections·Filtered byTitle 18✕

Colo. Rev. Stat. § 18-1.3-202.5 Veterans court probation supervision
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(1) If the defendant is a veteran or is currently serving in the United States armed forces and is suffering from a diagnosable mental health condition that is related to the veteran's military service and the jurisdiction of trial does not have a veterans treatment court, the de…
Colo. Rev. Stat. § 18-1.3-203 Criteria for granting probation
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(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…
Colo. Rev. Stat. § 18-1.3-204 Conditions of probation - interstate compact probation transfer cash fund - creation
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(1) (a) The conditions of probation shall be such as the court in its discretion deems reasonably necessary to ensure that the defendant will lead a law-abiding life and to assist the defendant in doing so. The court shall provide as explicit conditions of every sentence to proba…
Colo. Rev. Stat. § 18-1.3-205 Restitution as a condition of probation

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As a condition of every sentence to probation, the court shall order that the defendant make full restitution pursuant to the provisions of part 6 of this article and article 18.5 of title 16, C.R.S. Such order shall require the defendant to make restitution within a period of ti…

Colo. Rev. Stat. § 18-1.3-206 Repayment of crime stopper reward as a condition of probation

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(1) As a condition of every sentence to probation where information received through a crime stopper organization led to the arrest and felony conviction of a defendant, the court may require such defendant, as a condition of probation, to repay all or part of any reward paid by …

Colo. Rev. Stat. § 18-1.3-207 Work and education release programs

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(1) As a specific condition of probation for a person convicted of a felony or misdemeanor, the court may require the probationer to participate for a period not to exceed two years or the term to which he or she might be sentenced for the offense committed, whichever is less, in…

Colo. Rev. Stat. § 18-1.3-208 Intensive supervision probation programs - legislative declaration

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(1) The general assembly finds and declares that intensive supervision probation programs are an effective and desirable alternative to sentences to imprisonment, community corrections, or jail. It is the purpose of this section to encourage the judicial department to establish p…

Colo. Rev. Stat. § 18-1.3-209 Substance abuse assessment required

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(1) Each person convicted of a felony committed on or after July 1, 1992, and each person convicted of a misdemeanor or petty offense on or after July 1, 2008, who is to be considered for probation or a deferred judgment and sentence that includes supervision by the probation dep…

Colo. Rev. Stat. § 18-1.3-210 Counseling or treatment for alcohol or drug abuse or substance use disorder

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(1) In any case in which treatment or counseling for alcohol or drug abuse or a substance use disorder is authorized in connection with a deferred prosecution, deferred judgment and sentence, or probation, the court may require the defendant to obtain counseling or treatment for …

Colo. Rev. Stat. § 18-1.3-211 Sentencing of felons - parole of felons - treatment and testing based upon assessment required

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(1) Each person sentenced by the court for a felony committed on or after July 1, 1992, is required, as a part of any sentence to probation, community corrections, or incarceration with the department of corrections, to undergo periodic testing and treatment for substance abuse t…

Colo. Rev. Stat. § 18-1.3-212 Drug testing of offenders by judicial department - pilot program

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The judicial department is hereby authorized and directed to develop as soon as possible a pilot program for the drug testing of persons during presentence investigation and on probation. Such program shall include testing of persons during presentence investigation and may inclu…

Colo. Rev. Stat. § 18-1.3-301 Authority to place offenders in community corrections programs

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(1) (a) A judge of a district court may refer an offender convicted of a felony to a community corrections program unless the offender is required to be sentenced pursuant to section 18-1.3-406 (1) or a sentencing provision that requires a sentence to the department of correction…

Colo. Rev. Stat. § 18-1.3-302 Legislative declaration - offenders who may be sentenced to the specialized restitution and community service program

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(1) The general assembly hereby finds that: (a) The taxpayer costs to incarcerate nonviolent offenders, most of whom have committed property-related offenses, usually outbalances the need to incarcerate such persons to protect the public's safety and that imprisonment generally r…

Colo. Rev. Stat. § 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 …

Colo. Rev. Stat. § 18-1.3-401.5 Drug felonies classified - presumptive and aggravated penalties - legislative intent

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(1) The provisions of this section only apply to a conviction for a drug felony offense described in article 18 of this title committed on or after October 1, 2013. For purposes of this section, "felony" means any felony or drug felony defined in the state statutes. (2) (a) For o…

Colo. Rev. Stat. § 18-1.3-402 Felony offenses not classified

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(1) Any felony defined by state statute without specification of its class shall be punishable as provided in the statute defining it. For felony offenses committed on or after July 1, 1993, if the sentencing court sentences an offender to incarceration pursuant to the provisions…

Colo. Rev. Stat. § 18-1.3-403 Penalty for felony not fixed by statute - punishment

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(1) In all cases where an offense is denominated by statute as being a felony and no penalty is fixed in the statute therefor, the punishment shall be imprisonment for not more than five years in a correctional facility, as defined in section 17-1-102, C.R.S., or a fine of not mo…

Colo. Rev. Stat. § 18-1.3-404 Duration of sentences for felonies

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(1) Unless otherwise provided by law and except as otherwise provided in the "Colorado Children's Code", title 19, C.R.S., courts sentencing any person for the commission of a felony to the custody of the executive director of the department of corrections shall fix a definite te…

Colo. Rev. Stat. § 18-1.3-405 Credit for presentence confinement

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A person who is confined for an offense prior to the imposition of sentence for said offense is entitled to credit against the term of his or her sentence for the entire period of such confinement. At the time of sentencing, the court shall make a finding of the amount of present…

Colo. Rev. Stat. § 18-1.3-406 Mandatory sentences for violent crimes - definitions

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(1) (a) Any person convicted of a crime of violence shall be sentenced pursuant to section 18-1.3-401 (8) to the department of corrections for a term of incarceration of at least the midpoint in, but not more than twice the maximum of, the presumptive range provided for such offe…

Colo. Rev. Stat. § 18-1.3-407 Sentences - powers and duties of district court - authorization for youthful offender system - system participants - powers and duties of department of corrections - youthful offender system study - report - legislative intent - definitions

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(1) (a) It is the intent of the general assembly that the youthful offender system established pursuant to this section benefit the state by: (I) Providing a sentencing option in a secure and trauma-informed environment that affirms dignity of self and others for certain juvenile…

Colo. Rev. Stat. § 18-1.3-407.5 Sentences - young adults - youthful offender system - definitions

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(1) (a) A young adult may be sentenced to the youthful offender system in the department of corrections in accordance with section 18-1.3-407, in the following circumstances: (I) The young adult is convicted of a felony enumerated as a crime of violence pursuant to section 18-1.3…

Colo. Rev. Stat. § 18-1.3-408 Determinate sentence of imprisonment imposed by court

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When a person has been convicted of a felony and a sentence of imprisonment imposed, the court imposing the sentence shall fix a definite term of imprisonment, which shall be not longer than the terms authorized in section 18-1.3-401; except that, for persons convicted on or afte…

Colo. Rev. Stat. § 18-1.3-409 Concurrent or consecutive sentences - court to clarify sentencing in mittimus

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Before remitting any mittimus to the department of corrections sentencing a defendant to the custody of the department, a court shall confirm that the mittimus properly reflects the sentencing order of the court and includes all necessary information regarding the sentence and an…

Colo. Rev. Stat. § 18-1.3-410 Fentanyl education and treatment program

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(1) Upon conviction of any offense pursuant to part 4 of article 18 of this title 18 for a material, compound, mixture, or preparation that contains any amount of fentanyl, carfentanil, benzimidazole opiate, or an analog thereof as described in section 18-18-204 (2)(g), the court…

Colo. Rev. Stat. § 18-1.3-411 Post-conviction relief - sentence reconsideration - offenders sixty years old or older

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(1) An individual serving a sentence in the department of corrections may, on or before three years after August 12, 2026, file a petition with the court where the conviction was obtained requesting post-conviction relief from the terms of the sentence if the petitioner is sixty …

Colo. Rev. Stat. § 18-1.3-501 Misdemeanors classified - drug misdemeanors and drug petty offenses classified - penalties - legislative intent - definitions

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(1) (a) Except as otherwise provided in subsection (1)(d) of this section, for offenses committed prior to March 1, 2022, misdemeanors are divided into three classes that are distinguished from one another by the following penalties that are authorized upon conviction except as p…

Colo. Rev. Stat. § 18-1.3-502 Duration of sentences for misdemeanors

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Courts sentencing a person for the commission of a misdemeanor to the custody of the executive director of the department of corrections shall not fix a minimum term but may fix a maximum term less than the maximum provided by law for the offense. A person so sentenced must be im…

Colo. Rev. Stat. § 18-1.3-503 Petty offense and civil infraction classified - penalties

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(1) For offenses committed prior to March 1, 2022, a violation of a statute of this state is a petty offense if specifically classified as a class 1 or class 2 petty offense. The penalty for commission of a class 1 petty offense, upon conviction, is a fine of not more than five h…

Colo. Rev. Stat. § 18-1.3-504 Misdemeanors and petty offenses not classified

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(1) Any misdemeanor or petty offense defined by state statute without specification of its class shall be punishable as provided in the statute defining it. (2) Every sentence entered under this section shall include consideration of restitution as required by part 6 of this arti…

Colo. Rev. Stat. § 18-1.3-505 Penalty for misdemeanor not fixed by statute - punishment

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(1) In all cases where an offense is denominated a misdemeanor and no penalty is fixed in the statute therefor, the punishment shall be imprisonment for not more than three hundred sixty-four days in the county jail, or a fine of not more than one thousand dollars, or both impris…

Colo. Rev. Stat. § 18-1.3-506 Payment and collection of fines for class 1 or 2 misdemeanors, petty offenses, and civil infractions - release from incarceration

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(1) Whenever the court imposes a fine for a nonviolent class 1 or 2 misdemeanor, a petty offense, or civil infraction, if the person who committed the offense is unable to pay the fine at the time of the court hearing or if he or she fails to pay any fine imposed for the commissi…

Colo. Rev. Stat. § 18-1.3-507 Community or useful public service - misdemeanors - definition

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(1) Any sentence imposed pursuant to section 18-1.3-501 (2) is subject to the conditions and restrictions of this section. (2) (a) A probation department, sentencing court, county sheriff, board of county commissioners, or any other governmental entity, or a private nonprofit or …

Colo. Rev. Stat. § 18-1.3-507.5 Useful public service cash fund created

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(1) The useful public service cash fund, referred to within this section as the "fund", is created in the state treasury. The fund consists of money collected as fees and credited to the fund pursuant to subsection (3) of this section and any other money that the general assembly…

Colo. Rev. Stat. § 18-1.3-508 Definite sentence not void

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If, through oversight or otherwise, any person is sentenced or committed to the custody of the executive director of the department of corrections for the commission of a misdemeanor for a definite period of time, the sentence or commitment shall not for that reason be void, but …

Colo. Rev. Stat. § 18-1.3-509 Credit for time served on misdemeanor sentences

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A person who is confined for a misdemeanor offense prior to the imposition of a sentence for the misdemeanor offense shall be entitled to credit against the term of his or her sentence for the entire period of the confinement. At the time of sentencing, the court shall make a fin…

Colo. Rev. Stat. § 18-1.3-510 Fentanyl education and treatment program

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(1) Upon conviction of any offense pursuant to part 4 of article 18 of this title 18 for a material, compound, mixture, or preparation that contains any amount of fentanyl, carfentanil, benzimidazole opiate, or an analog thereof as described in section 18-18-204 (2)(g), the court…

Colo. Rev. Stat. § 18-1.3-601 Legislative declaration

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(1) The general assembly finds and declares that: (a) Crime victims endure undue suffering and hardship resulting from physical injury, emotional and psychological injury, or loss of property; (b) Persons found guilty of causing such suffering and hardship should be under a moral…

Colo. Rev. Stat. § 18-1.3-602 Definitions

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As used in this part 6, unless the context otherwise requires: (1) "Collections investigator" means a person employed by the judicial department whose primary responsibility is to administer, enforce, and collect on court orders or judgments entered with respect to fines, fees, r…

Colo. Rev. Stat. § 18-1.3-603 Assessment of restitution - corrective orders

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(1) Every order of conviction of a felony, misdemeanor, petty offense, or misdemeanor traffic offense, except any order of conviction for a state misdemeanor traffic offense issued by a municipal or county court in which the prosecuting attorney is acting as a special deputy dist…

Colo. Rev. Stat. § 18-1.3-701 Judgment of costs and fines - definitions

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(1) (a) When any person, association, or corporation is convicted of an offense, the court shall give judgment in favor of the state of Colorado, the appropriate prosecuting attorney, or the appropriate law enforcement agency and against the offender for the amount of the costs o…

Colo. Rev. Stat. § 18-1.3-702 Monetary payments - due process required

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(1) (a) When the court imposes a sentence, enters a judgment, or issues an order that obligates the defendant to pay a monetary amount, the court may direct as follows: (I) That the defendant pay the entire monetary amount at the time sentence is pronounced; (II) That the defenda…

Colo. Rev. Stat. § 18-1.3-703 Reimbursement of amounts paid following a vacated conviction or amended order for restitution - petition

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(1) The following persons are eligible under this section for a refund of monetary payments actually paid: (a) A defendant whose court-ordered fines, fees, costs, surcharges, restitution, interest, or other monetary amounts resulting from a criminal conviction in a district or co…

Colo. Rev. Stat. § 18-1.3-704 Outstanding balances owed by juveniles - report

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(1) On and after July 6, 2021, the balance of any court-assessed or court-ordered costs imposed pursuant to section 16-11-101.6 (1), 18-1.3-407 (4.5) or (11.5), 18-1.3-507 (6)(a), 18-1.3-701 (1) or (2)(m), 18-21-103 (1.5), 18-25-101 (1), 21-1-103 (3), 24-4.1-119 (1)(a) or (1)(d),…

Colo. Rev. Stat. § 18-1.3-801 Punishment for habitual criminals

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(1) (a) A person shall be adjudged an habitual criminal and shall be punished by a term in the department of corrections of life imprisonment if the person: (I) Is convicted of: (A) Any class 1 or 2 felony or level 1 drug felony; or (B) Any class 3 felony that is a crime of viole…

Colo. Rev. Stat. § 18-1.3-802 Evidence of former convictions - identity

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On any trial under the provisions of this section and sections 18-1.3-801 and 18-1.3-803, a duly authenticated copy of the record of former convictions and judgments of any court of record for any of said crimes against the party indicted or informed against shall be prima facie …

Colo. Rev. Stat. § 18-1.3-803 Verdict of jury

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(1) If the allegation of previous convictions of other felony offenses is included in an indictment or information and if a verdict of guilty of the substantive offense with which the defendant is charged is returned, the court shall conduct a separate habitual proceeding for a j…

Colo. Rev. Stat. § 18-1.3-804 Habitual burglary offenders - punishment - legislative declaration

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(1) Every person convicted in this state of first degree burglary, first degree burglary of controlled substances, or second degree burglary of a dwelling who, within ten years of the date of the commission of the said offense, has been previously convicted upon charges separatel…

Colo. Rev. Stat. § 18-1.3-901 Short title

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This part 9 shall be known and may be cited as the "Colorado Sex Offenders Act of 1968". Source: L. 2002: Entire article added with relocations, p. 1430, § 2, effective October 1.

Colo. Rev. Stat. § 18-1.3-902 Applicability of part

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The provisions of this part 9 shall apply to persons sentenced for offenses committed prior to November 1, 1998. Source: L. 2002: Entire article added with relocations, p. 1431, § 2, effective October 1.