(1) (a) A person who has been convicted of an offense, other than a class 1 felony or a class 2 petty offense, is eligible to apply to the court for probation.
(b) Repealed.
(2) (a) The provisions of this subsection (2) shall apply to any person whose application for probation is based on a conviction for a felony, which conviction occurred before May 25, 2010.
(a.5) A person who has been twice or more convicted of a felony under the laws of this state, any other state, or the United States prior to the conviction on which his or her application is based shall not be eligible for probation.
Notwithstanding any other provision of law except the provisions of paragraph (c) ofthis subsection (2), a person who has been convicted of one or more felonies under the laws of this state, any other state, or the United States within ten years prior to a class 1, 2, or 3 felony conviction on which his or her application is based shall not be eligible for probation.
Notwithstanding the provisions of paragraph (a.5) of this subsection (2) and subsection (4) of this section, an offender convicted of a violation of section 18-18-403.5 may be eligible for probation upon recommendation of the district attorney.
Repealed.
(2.1) Repealed.
(2.5) (a) The provisions of this subsection (2.5) shall apply to any person whose application for probation is based on a conviction for a felony, which conviction occurred on or after May 25, 2010.
(b) Except as described in paragraph (a) of subsection (4) of this section, a person who has been twice or more convicted of a felony upon charges separately brought and tried and arising out of separate and distinct criminal episodes under the laws of this state, any other state, or the United States prior to the conviction on which his or her application is based shall not be eligible for probation if the current conviction or a prior conviction is for:
First or second degree murder, as described in section 18-3-102 or 18-3-103;
Manslaughter, as described in section 18-3-104;
First or second degree assault, as described in section 18-3-202 or 18-3-203;
First or second degree kidnapping, as described in section 18-3-301 or 18-3-302;
A sexual offense as described in part 4 of article 3 of this title;
First degree arson, as described in section 18-4-102;
First or second degree burglary, as described in section 18-4-202 or 18-4-203;
Robbery, as described in section 18-4-301;
Aggravated robbery, as described in section 18-4-302 or 18-4-303;
Theft from the person of another, as described in section 18-4-401 (5);
Any felony offense committed against a child, as described in article 3, 6, or 7 ofthis title; or
Any criminal attempt or conspiracy to commit any of the offenses specified in thisparagraph (b).
(c) Failure to register as a sex offender, as described in section 18-3-412.5, shall not constitute a sexual offense for the purposes of subparagraph (V) of paragraph (b) of this subsection (2.5).
An application for probation shall be in writing upon forms furnished by the court,but, when the defendant has been convicted of a misdemeanor or any petty offense, the court, in its discretion, may waive the written application for probation.
(a) (I) The restrictions upon eligibility for probation in subsections (2) and (2.5) of this section may be waived by the sentencing court regarding a particular defendant upon recommendation of the district attorney approved by an order of the sentencing court.
(II) Repealed.
(b) Upon entry of an order pursuant to this subsection (4) regarding a particular defendant, such defendant shall be deemed to be eligible to apply to the court for probation pursuant to this section.
(5) For purposes of paragraph (a.5) of subsection (2) of this section and paragraph (a) of subsection (2.5) of this section, "conviction" means a verdict of guilty or the entry of a plea of guilty or nolo contendere. "Conviction" does not include a plea to a deferred judgment and sentence pursuant to section 18-1.3-102 until the deferred judgment and sentence is revoked.
Source: L. 2002: Entire article added with relocations, p. 1375, § 2, effective October 1. L. 2003: (2) amended and (2.1) added, p. 2689, § 7, effective July 1. L. 2007: (2)(d) and (2.1) repealed, p. 1689, § 10, effective July 1. L. 2010: (1)(b) and (4)(a)(II) repealed, (2) and (4)(a)(I) amended, and (2.5) added, (HB 10-1338), ch. 257, pp. 1147, 1145, §§ 2, 1, effective May 25; (2)(c) amended, (HB 10-1352), ch. 259, p. 1173, § 16, effective August 11. L. 2012: (5) added, (HB 12-1310), ch. 268, p. 1396, § 12, effective June 7. L. 2013: (3) amended, (SB 13-250), ch. 333, p. 1935, § 54, effective October 1.
Editor's note: (1) This section is similar to former § 16-11-201 as it existed prior to 2002.
(2) Amendments to subsection (2)(c) by House Bill 10-1338 and House Bill 10-1352 were harmonized.
Cross references: (1) For procedures relevant to application for probation, see Crim. P. 32.
(2) For the legislative intent contained in the 2003 act amending subsection (2) and enacting subsection (2.1), see section 1 of chapter 424, Session Laws of Colorado 2003. 18-1.3-202. Probationary power of court. (1) (a) When it appears to the satisfaction of the court that the ends of justice and the best interest of the public, as well as the defendant, will be served thereby, the court may grant the defendant probation for such period and upon such terms and conditions as it deems best. The length of probation shall be subject to the discretion of the court and may exceed the maximum period of incarceration authorized for the classification of the offense of which the defendant is convicted but shall not exceed five years for any misdemeanor or petty offense. If the court chooses to grant the defendant probation, the order placing the defendant on probation shall take effect upon entry and, if any appeal is brought, shall remain in effect pending review by an appellate court unless the court grants a stay of probation pursuant to section 16-4-201. Unless an appeal is filed that raises a claim that probation was granted contrary to the provisions of this title, the trial court shall retain jurisdiction of the case for the purpose of adjudicating complaints filed against the defendant that allege a violation of the terms and conditions of probation. In addition to imposing other conditions, the court has the power to commit the defendant to any jail operated by the county or city and county in which the offense was committed during such time or for such intervals within the period of probation as the court determines. Except as described in subsection (1)(b) of this section, the aggregate length of any such commitment whether continuous or at designated intervals may not exceed ninety days for a felony, sixty days for a misdemeanor, or ten days for a petty offense unless it is a part of a work release program pursuant to section 181.3-207. That the defendant submit to commitment imposed under this section is deemed a condition of probation.
(b) For a defendant who is convicted of a felony offense described in section 42-4-1301 (1)(a), (1)(b), or (2)(a), the aggregate length of any commitment to a county jail is determined as provided in section 42-4-1307 (6.5)(b).
(2) The probation department in each judicial district may enter into agreements with any state agency or other public agency, any corporation, and any private agency or person to provide supervision or other services for defendants placed on probation by the court. The agreements shall not include management of any intensive supervision probation programs created pursuant to section 18-1.3-208.
Source: L. 2002: Entire article added with relocations, p. 1376, § 2, effective October 1. L. 2003: (1) amended, p. 976, § 13, effective April 17. L. 2013: (2) amended, (SB 13-250), ch.
333, p. 1942, § 68, effective October 1. L. 2017: (1) amended, (HB 17-1288), ch. 387, p. 2005, § 3, effective August 9.
Editor's note: This section is similar to former § 16-11-202 as it existed prior to 2002.