Purposes of code with respect to sentencing.

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(1) The purposes of this code with respect to sentencing are:

  1. To punish a convicted offender by assuring the imposition of a sentence he deservesin relation to the seriousness of his offense;

  2. To assure the fair and consistent treatment of all convicted offenders by eliminatingunjustified disparity in sentences, providing fair warning of the nature of the sentence to be imposed, and establishing fair procedures for the imposition of sentences;

  3. To prevent crime and promote respect for the law by providing an effective deterrentto others likely to commit similar offenses;

  4. To promote rehabilitation by encouraging correctional programs that elicit the voluntary cooperation and participation of convicted offenders;

  5. To select a sentence, a sentence length, and a level of supervision that addresses theoffender's individual characteristics and reduces the potential that the offender will engage in criminal conduct after completing his or her sentence; and

  6. To promote acceptance of responsibility and accountability by offenders and to provide restoration and healing for victims and the community while attempting to reduce recidivism and the costs to society by the use of restorative justice practices.

Source: L. 79: Entire section added, p. 668, § 15, effective July 1. L. 2011: (1)(c) and (1)(d) amended and (1)(e) added, (HB 11-1180), ch. 96, p. 282, § 1, effective August 10; (1)(c) and (1)(d) amended and (1)(f) added, (HB 11-1032), ch. 296, p. 1402, § 5, effective August 10. 18-1-103. Scope and application of code. (1) Except as otherwise expressly provided by sections 18-1.3-402 and 18-1.3-504, or unless the context otherwise requires, the provisions of this code govern the construction of and punishment for any offense defined in any statute of this state, whether in this title or elsewhere, and which is committed on or after July 1, 1972, as well as the construction and application of any defense to a prosecution for such an offense.

  1. Except as otherwise provided by section 18-1-410, the provisions of this code do notapply to or govern the construction of, prosecution for, and punishment for any offense committed prior to July 1, 1972, or the construction and application of any defense to a prosecution for such an offense. Such an offense shall be tried and disposed of according to the provisions of law existing at the time of the commission thereof in the same manner as if this code had not been enacted. All pending actions shall proceed to final disposition in the same manner as if this code had not been enacted.

  2. The provisions of this code do not bar, suspend, or otherwise affect any right orliability to damages, penalty, forfeiture, or other remedy authorized by law to be recovered or enforced in a civil action for any conduct which this code makes punishable; and the civil injury is not merged in the offense.

Source: L. 71: R&RE, p. 389, § 1. C.R.S. 1963: § 40-1-103. L. 73: p. 533, § 1. L. 95: (3) amended, p. 16, § 8, effective March 9. L. 2002: (1) amended, p. 1509, § 176, effective October 1.

Cross references: For the legislative declaration contained in the 2002 act amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002.


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