(1) (a) Any judge of a district court may refer any offender convicted of a felony to a community corrections program unless such offender is required to be sentenced pursuant to section 18-1.3406 (1) or a sentencing provision that requires a sentence to the department of corrections. If an offender who is sentenced pursuant to section 18-1.3-406 (1) has such sentence modified upon the finding of unusual and extenuating circumstances pursuant to such section, such offender may be referred to a community corrections program if such offender is otherwise eligible for such program and is approved for placement pursuant to section 17-27-103 (5), C.R.S., and section 17-27-104 (3), C.R.S. For the purposes of this article, persons sentenced pursuant to the provisions of sections 19-2-908 (1)(a)(I) and (1)(c)(I)(B) and 19-2-910 (2), C.R.S., shall be deemed to be offenders.
In making a direct sentence to a community corrections program, the sentencing court may impose a sentence to community corrections which includes terms, lengths, and conditions pursuant to section 18-1.3-401. The sentencing court may also refer any offender to a community corrections program as a condition of probation pursuant to section 18-1.3-202. Any placement of offenders referred as a direct sentence or as a condition of probation shall be subject to approval pursuant to section 17-27-103 (5), C.R.S., and section 17-27-104 (3), C.R.S.
As a condition of every placement in a community corrections program, the courtshall require the offender, as a condition of placement, to execute or subscribe a written prior waiver of extradition stating that the offender consents to extradition to this state and waives all formal procedures incidental to extradition proceedings in the event that the offender is arrested in another state upon an allegation that the offender has violated the terms of his or her community corrections placement, and acknowledging that the offender shall not be admitted to bail in any other state pending extradition to this state.
A probation officer, in making a presentence report to the court pursuant to section16-11-102, C.R.S., or in making a report to the court after a probation violation, may recommend the utilization of a community corrections program in sentencing or resentencing an offender.
If an offender is rejected by a community corrections board or a community corrections program before placement in a program, the court shall promptly resentence the offender. If a sentence to the department of corrections was imposed upon the offender prior to the referral of the offender to community corrections, the resentence shall not exceed the sentence which was originally imposed upon the offender.
If an offender is rejected after acceptance by a community corrections board or acommunity corrections program, the court may resentence the offender without any further hearing so long as the offender's sentence does not exceed the sentence which was originally imposed upon the offender.
The probation department of the judicial district in which a community correctionsprogram is located shall have jurisdiction over all offenders sentenced directly to a community corrections program. Such probation department shall initiate arrest warrants, process reports or other official documents regarding offenders at the direction of the court, coordinate with community corrections boards and community corrections programs, review offender supervision and treatment, authorize offender transfers between residential and nonresidential phases of placement, and carry out such other duties as the court directs.
The sentencing court may make appropriate orders for the detention, transfer, or resentencing of any offender whose placement in a community corrections program is terminated pursuant to section 17-27-103 (7) or section 17-27-104 (5). As to any offender held pursuant to section 17-27-104 (6) in a jail operated by a unit of local government in a county other than where the offender's original conviction occurred, the sentencing court shall order the transfer of the offender to the jail of the county where the original conviction occurred as soon as possible. The sentencing court shall provide the offender with a new sentencing hearing, for any termination from a community corrections program, including a violation of section 18-8-208.2. At any new sentencing hearing, the court may consider any sentencing alternative originally available to the court when ordering the appropriate sentence.
Notwithstanding any other provision of law to the contrary, if an offender is terminated or rejected from a community corrections program after having been sentenced to the program for a level 4 drug felony, the court shall conduct a resentencing hearing in order to comply with each exhaustion of remedy provision in section 18-1.3-104.5 or shall make written findings regarding resentencing after consideration of all the information provided to the court pursuant to section 18-1.3-104.5 (2)(c). Nothing in this section requires that a community corrections program accept or maintain an offender who has been terminated from a community corrections program.
(I) The sentencing court shall have the authority to modify the sentence of an offender who has been directly sentenced to a community corrections program in the same manner as if the offender had been placed on probation.
A defendant who successfully completes the residential phase of a community corrections sentence, has paid the costs of the residential program in full, and is being supervised on nonresidential status at either a minimum or administrative level is eligible for consideration for early termination of his or her community corrections sentence by the court.
When the defendant has met the eligibility criteria enumerated in subparagraph (II) of this paragraph (h), the defendant's probation officer shall submit a petition for early termination of sentence to the court and notify the district attorney and the defendant.
If victim notification is required, the probation officer shall provide victim notification pursuant to part 3 of article 4.1 of title 24, C.R.S.
In determining whether to grant or deny the petition, the court may consider thefollowing factors:
The defendant's assessed risk of reoffense;
Victim input, if any;
The defendant's compliance with the terms and conditions of the sentence or community corrections program;
Completion of any treatment required by the court or community corrections program; and
Other factors deemed relevant by the court.
(VI) The fact that the defendant owes restitution, costs, fees, fines, or surcharges shall not prohibit the court from granting the motion for early termination if the court finds the motion otherwise appropriate.
(i) (I) An offender sentenced directly to a community corrections program by the sentencing court pursuant to this subsection (1) shall be eligible for time credit deductions from the offender's sentence not to exceed ten days for each month of placement upon a demonstration to the program administrator by the offender that the offender has made consistent progress in the following categories:
Maintenance of employment, education, or training, including attendance, promptness, performance, cooperation, care of materials, and safety;
Development and maintenance of positive social and domestic relations;
Compliance with rules, regulations, and requirements of residential or nonresidentialprogram placement;
Completion and compliance with components of the individualized program plan;and
Demonstration of financial responsibility and accountability.
The administrator of each community corrections program shall develop objectivestandards for measuring progress in the categories listed in subparagraph (I) of this paragraph (i), shall apply such standards consistently to evaluations of all such offenders, and shall develop procedures for recommending the award of time credits to such offenders.
The administrator of each community corrections program shall review the performance record of each offender directly sentenced to such program. Such review shall be conducted at intervals to be determined by each program administrator. Such reviews shall be conducted at least once every six months, but may be conducted at more frequent intervals as determined by the program administrator. If the program administrator determines that the offender engaged in criminal activity during the time period for which the time credits were granted, the program administrator may withdraw the time credits granted during such period. Prior to the time of the offender's release, the program administrator shall submit to the sentencing court the time credit deductions granted, withdrawn, or restored consistent with the provisions of this paragraph (i). Such time credit deductions shall be submitted on standardized forms prepared by the division of criminal justice of the department of public safety that include verification by the program administrator that the time credit deductions are true and accurate. The sentencing court shall certify such time credit deductions as part of the offender's permanent record. Any time credits authorized under this paragraph (i) shall vest upon certification of time credit deductions by the sentencing court at the time of the offender's release from the program.
An offender shall not be credited with more than one-half the allowable time creditsfor any month or portion thereof unless the offender was employed, was unable to be employed due to a disability waiver, or was participating in training, education, or treatment programs which precluded the ability to remain employed. This subparagraph (IV) shall not apply to those offenders excused from such employment or training by the program administrator or for medical reasons.
No time credit deductions shall be granted to any offender for time spent in jail,whether awaiting sentencing, placement in the program, disciplinary action, or as a result of a subsequent arrest, unless such time spent in jail was a prearranged component of the offender's individualized program plan and the offender has made consistent progress in the categories listed in subparagraph (I) of this paragraph (i).
(Deleted by amendment, L. 2011, (SB 11-254), ch. 274, p. 1236, § 1, effective June
2, 2011.)
Except as otherwise provided in paragraph (k) of this subsection (1), any offendersentenced to the department of corrections subsequent to placement in a community corrections program is entitled to credit against the term of confinement as described in section 17-27-104 (9), C.R.S. The court shall make a finding of the amount of such time credits and include such finding in the mittimus that orders the offender to be placed in the custody of the department of corrections. The department of corrections shall apply credits for residential and nonresidential time completed in a community corrections program in the same manner as credits for time served in a department of corrections facility.
Any offender who escapes from a residential community corrections program or whoabsconds from a nonresidential community corrections program shall forfeit any time credit deductions earned pursuant to paragraph (i) of this subsection (1) and shall not be credited with any time on escape or absconder status. Within thirty-five days after an offender's escape or abscondment, the program administrator shall submit to the sentencing court a statement on the form described in subparagraph (III) of paragraph (i) of this subsection (1) of the time credit deductions that would have been earned by the offender.
(2) (a) (I) Initial referral. The executive director of the department of corrections may transfer any offender who is eligible pursuant to this subsection (2) to a community corrections program if such offender is accepted for placement by a community corrections board pursuant to section 17-27-103, and a community corrections program pursuant to section 17-27-104.
(II) When the executive director makes a referral or subsequent referral request, the referral packet must include the following related to the offender:
A current risk and needs assessment that was administered in the last twelve months;
Projected release dates;
Prior supervision outcomes;
Institutional programming recommendations including participation and completioninformation;
A verified parole plan or community plan;
A victim statement, if applicable;
An offender statement, if submitted;
The parole board action sheet, if applicable;
A recommendation or the reason why placement is or is not recommended from thecase manager for the community placement based on an individualized review that considers risk, institutional conduct, and responsivity factors;
The number of prior referrals;
A mental health assessment, if available;
A substance use disorder assessment, if available;(M) A sex offender assessment, if applicable; and (N) The specific referral being requested.
(b) Unless the offender has an active felony warrant or detainer or has refused community placement, the executive director of the department of corrections shall refer an offender who has displayed acceptable institutional behavior for placement in a community corrections program according to the following timeline:
Repealed.
No more than sixteen months prior to the offender's parole eligibility date for anyoffender who is not serving a sentence for an offense referred to in section 18-1.3-406; and
No more than one hundred eighty days prior to the parole eligibility date for anyother offender not described in subsection (2)(b)(II) of this section.
Prior to placement of an offender in any community corrections program, the executive director of the department of corrections shall give the first right to refuse placement of such offender to the community corrections board and community corrections programs in the community where the offender intends to reside after release from custody of the department of corrections or parole by the state board of parole; except that the first right to refuse does not apply if the executive director seeks to place the offender in a specialized community corrections program or the offender requests a specific community corrections program placement, subject to acceptance by the community corrections board pursuant to section 17-27-103 and the community corrections program pursuant to section 17-27-104.
As to any offender held in a county jail pursuant to section 17-27-104 (6), the executive director of the department of corrections shall order transfer of such offender to a facility of the department of corrections as soon as possible.
Subsequent referrals. (I) For an offender who is serving a sentence for a class 1 or 2 felony that constitutes a crime of violence under section 18-1.3-406, excluding escape, and whose parole hearing has been deferred for at least thirty-six months, the executive director of the department of corrections shall not refer the offender for placement in community corrections earlier than six months prior to the date of the offender's second or any subsequent parole hearing.
(II) (A) When an offender is denied placement in a community corrections program, the executive director shall make a subsequent referral for that offender who is eligible pursuant to subsection (2)(e)(II)(B) of this section no sooner than six months after the denial and no later than twelve months after the denial unless the offender is subject to section 17-2-201 (4)(a).
(B) An offender is eligible for a subsequent referral if he or she has had no class I code of penal discipline violations in the last twelve months, the offender does not have a consecutive misdemeanor sentence to serve, the offender does not have an immigration and customs enforcement detainer, the offender does not have pending felony charges, or the offender does not have an extraditable warrant.
(III) When an offender refuses placement in a community corrections program, the executive director may make a subsequent referral for the offender, if eligible pursuant to subsection (2)(e)(II)(B) of this section, after the offender informs the executive director that the circumstance that formed the basis for the refusal has changed or resolved.
(f) Requirements for sex offenders. (I) Notwithstanding any other provision of law to the contrary, the executive director of the department of corrections shall not transfer an offender sentenced pursuant to the "Colorado Sex Offender Lifetime Supervision Act of 1998", part 10 of this article 1.3, unless:
The offender has successfully progressed in the treatment required by section 1611.7-105, as determined by the department of corrections after consideration of the criteria developed pursuant to section 18-1.3-1009 (1)(b), and would not pose an undue threat to the community if transferred to a community corrections program under appropriate treatment and monitoring requirements; and
There is a strong and reasonable probability that the offender would not thereaftercommit a new criminal offense.
(II) In making the determination pursuant to subsection (2)(f)(I) of this section, the executive director of the department of corrections shall consider the relevant criteria established pursuant to section 18-1.3-1009 and any other relevant factors.
The state board of parole may refer any parolee for placement in a community corrections program. Such placement, if approved by the community corrections board pursuant to section 17-27-103, C.R.S., and the community corrections program pursuant to section 17-27104, C.R.S., may be made a condition of release on parole or as a modification of the conditions of an offender's parole after release or upon temporary revocation of parole pursuant to section 17-2-103 (11), C.R.S.
(a) District courts, county courts, and other local criminal justice officials may enter into agreements with community corrections programs which include the use of such programs to supervise offenders awaiting trial for felony or misdemeanor offenses, offenders convicted of misdemeanors, or offenders under deferred judgments. Such agreements are subject to review and approval by the community corrections board of the jurisdiction in which any community corrections program making such agreement is located. Any such use of a community corrections program may be supported with funding from local governments, public or private grants, offender fees, and other sources other than the state general fund.
(b) A district court, county court, and any other criminal justice official may enter into agreements with community corrections programs that provide residential drug treatment, for the placement and supervision of offenders as a term and condition of probation when assessed treatment need levels indicate that residential drug treatment is necessary and appropriate. The agreement is subject to review and approval by the community corrections board in the jurisdiction where a community corrections program is located. A community corrections program used pursuant to this paragraph (b) may receive funds from the correctional treatment cash fund, as well as local funding, public or private grants, or offender fees.
Source: L. 2002: Entire article added with relocations, p. 1386, § 2, effective October 1. L. 2003: (1)(a) amended, p. 1429, § 14, effective April 29. L. 2006: (1)(b.5) added, p. 342, § 6, effective July 1. L. 2011: (1)(h), IP(1)(i)(I), (1)(i)(IV), (1)(i)(VI), (1)(j), and (1)(k) amended, (SB 11-254), ch. 274, pp. 1237, 1236, §§ 3, 1, effective June 2; (2)(b) amended and (2)(e) added, (HB 11-1085), ch. 48, p. 124, § 1, effective August 10. L. 2012: (1)(k) amended, (SB 12-175), ch. 208, p. 865, § 109, effective July 1. L. 2013: (1)(g.5) added and (4) amended, (SB 13-250), ch. 333, p. 1902, § 3, effective October 1. L. 2016: (4)(b) amended, (HB 16-1278), ch. 188, p. 664, § 2, effective May 20. L. 2017: (1)(g.5) amended, (SB 17-294), ch. 264, p. 1393, § 38, effective May 25. L. 2018: (2) amended, (HB 18-1251), ch. 272, p. 1670, § 3, effective August 8. L. 2020: (1)(g) amended, (HB 20-1019), ch. 9, p. 26, § 7, effective March 6; (2)(f) added, (SB 20-085), ch. 245, p. 1176, § 1, effective July 7.
Editor's note: (1) This section is similar to former § 17-27-105 as it existed prior to 2002.
(2) Section 2 of chapter 245 (SB 20-085), Session Laws of Colorado 2020, provides that the act changing this section applies to the transfer of offenders on or after July 7, 2020.