(1) (a) Notwithstanding any other provision of law, an offender serving a sentence in the department for a felony offense as a result of the filing of criminal charges by an information or indictment pursuant to section 19-2-517, or the transfer of proceedings to the district court pursuant to section 19-2-518, or pursuant to either of these sections as they existed prior to their repeal and reenactment, with amendments, by House Bill 96-1005, and who remains in the custody of the department for that felony offense may petition for placement in the specialized program described in section 17-34-102, referred to within this section as the "specialized program", as follows:
(I) If the felony of which the person was convicted was not murder in the first degree, as described in section 18-3-102, then the offender may petition for placement in the specialized program after serving twenty years of his or her sentence if he or she:
Has not been released on parole;
Has not been convicted of unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S.;
Is not in a treatment program within the department for a serious behavioral or mental health disorder;
Has obtained, at a minimum, a high school diploma or has successfully passed ahigh school equivalency examination, as defined in section 22-33-102 (8.5), C.R.S.;
Has participated in programs offered to him or her by the department and demonstrated responsibility and commitment in those programs;
Has demonstrated positive growth and change through increasing developmental maturity and quantifiable good behavior during the course of his or her incarceration; and
Has accepted responsibility for the criminal behavior underlying the offense for which he or she was convicted.
If the felony of which the person was convicted was murder in the first degree, asdescribed in section 18-3-102 (1)(b) or (1)(d), C.R.S., then the offender may petition for placement in the specialized program after serving twenty years of his or her sentence if he or she satisfies the criteria described in sub-subparagraphs (A), (B), (C), (D), (E), (F), and (G) of subparagraph (I) of this paragraph (a).
If the felony of which the person was convicted was murder in the first degree, asdescribed in section 18-3-102, C.R.S., but was not murder in the first degree, as described in section 18-3-102 (1)(b) or (1)(d), C.R.S., then the offender may petition for placement in the specialized program after serving twenty-five years of his or her sentence if he or she satisfies the criteria described in sub-subparagraphs (A), (B), (C), (D), (E), (F), and (G) of subparagraph (I) of this paragraph (a).
(b) An offender who is described in paragraph (a) of this subsection (1) may apply for placement in the specialized program notwithstanding his or her sentence or parole eligibility date.
(2) Upon receiving a petition from an offender described in subsection (1) of this section, the executive director or his or her designee shall review the petition and determine whether to place the offender in the specialized program. In making this determination, the executive director or his or her designee shall consider the following criteria:
The nature of the offense and the circumstances surrounding the offense, includingthe extent of the offender's participation in the criminal conduct;
The age and maturity of the offender at the time of the offense;
The behavior of the offender in any institution for the duration of his or her sentence,including consideration of any violations of the inmate code of conduct and dates of the violations or, in the alternative, the lack of any such violations;
The assessed risk and needs of the offender;
The impact of the offense on any victim and any victim's immediate family member;and
Any other factor determined to be relevant by the executive director or his or herdesignee in assessing and making a determination regarding the offender's demonstrated rehabilitation.
The department may make restorative justice practices, as defined in section 18-1901 (3)(o.5), C.R.S., available to any victim of any offender who petitions for placement in the specialized program, as may be appropriate, but only if requested by the victim and the victim has registered with the department of corrections requesting notice of victims' rights pursuant to the provisions of part 3 of article 4.1 of title 24, C.R.S.
(a) If after review of an offender's petition, the executive director or his or her designee determines that the offender is an appropriate candidate for placement in the specialized program, the department shall place the offender in the specialized program as soon as practicable.
(b) Any victim or victim's immediate family member, as defined in section 24-4.1-302 (5) and (6), C.R.S., has the right to be informed of the placement of an offender pursuant to sections 24-4.1-302.5 (1)(q) and 24-4.1-303 (14), C.R.S.
If the executive director or his or her designee denies an offender's petition for placement in the specialized program based on a determination that the offender is inappropriate for such placement after consideration of the criteria set forth in subsection (2) of this section, the offender may petition the executive director or his or her designee for placement in the specialized program not sooner than three years after the issuance of the denial.
The department shall develop policies and procedures for the preparation, submission, and review of petitions for placement of offenders in the specialized program, as described in this section.
Source: L. 2016: Entire article added, (SB 16-180), ch. 352, p. 1439, § 2, effective
August 10. L. 2017: IP(1)(a), IP(1)(a)(I), and (1)(a)(I)(C) amended, (SB 17-242), ch. 263, p. 1304, § 135, effective May 25.
Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.