(1) A person may petition the sentencing court for a resentencing hearing if he or she was:
A juvenile at the time of his or her offense;
Convicted as an adult of a class 1 felony following direct filing of an information orindictment in the district court pursuant to section 19-2-517, C.R.S., or transfer of proceedings to the district court pursuant to section 19-2-518, C.R.S., or pursuant to either of these sections as they existed prior to their repeal and reenactment, with amendments, by House Bill 96-1005; and
Sentenced to life imprisonment without the possibility of parole for an offense committed on or after July 1, 1990, and before July 1, 2006.
If a petition is filed pursuant to subsection (1) of this section, the sentencing courtshall conduct a resentencing hearing and resentence the offender as described in section 18-1.3401 (4)(c), C.R.S.
The provisions of sections 17-22.5-403 (2)(c) and 17-22.5-405 (1.2), C.R.S., takeeffect upon resentencing.
A petition filed under this section is not a motion under rule 35 (c) of the Coloradorules of criminal procedure.
Source: L. 2016: Entire part added, (SB 16-181), ch. 353, p. 1451, § 5, effective June 10.