(1) The department, upon acceptance of an offender into the program, shall immediately notify the court of such acceptance.
(2) (a) If an offender successfully completes a regimented inmate training program, such offender, within sixty days of termination or completion of the program, shall automatically be referred to the sentencing court so that the offender may make a motion for reduction of sentence pursuant to rule 35 (b) of the Colorado rules of criminal procedure.
The department shall submit a report to the court concerning such offender's performance in the program. Such report may recommend that the offender be placed in a specialized probation or community corrections program. The court may not summarily deny the offender's motion without a complete consideration of all pertinent information provided by the offender, the offender's attorney, and the district attorney. The court may issue an order modifying the offender's sentence and placing the offender on probation or in a community corrections program.
(b.5) Notwithstanding the fact that the offender's case is on appeal, the sentencing court shall retain jurisdiction to consider and rule on motions for reconsideration filed pursuant to this subsection (2).
(I) Any motion filed pursuant to paragraph (a) of this subsection (2) shall be givenpriority for consideration by the sentencing court. An offender who successfully completes the regimented inmate training program within twenty-eight months prior to such offender's parole eligibility date shall be eligible for placement in a community corrections program operated pursuant to article 27 of this title.
An offender placed in a community corrections program pursuant to subparagraph(I) of this paragraph (c) may be required to participate in a structured, transitional discipline program in such community corrections program for six months or until completion of the offender's sentence, whichever occurs first.
Upon satisfactory completion of the community corrections program, an offenderwhose sentence has not been completely served may be required to participate in the intensive supervision program pursuant to section 17-27.5-102.
Source: L. 90: Entire article added, p. 964, § 1, effective June 7. L. 95: Entire section amended, p. 184, § 1, effective April 7. L. 98: (2)(c)(I) amended, p. 318, § 1, effective July 1. L.
2007: (2)(b.5) added, p. 557, § 3, effective April 16.