(1) (a) A young adult offender may be sentenced to the youthful offender system in the department of corrections in accordance with section 18-1.3-407, under the following circumstances:
The young adult offender is convicted of a felony enumerated as a crime of violencepursuant to section 18-1.3-406;
The young adult offender is convicted of a felony offense described in part 1 ofarticle 12 of this title;
The young adult offender used, or possessed and threatened the use of, a deadlyweapon during the commission of a felony offense against a person, as set forth in article 3 of this title;
The young adult offender is convicted of vehicular homicide, as described in section 18-3-106, vehicular assault, as described in section 18-3-205, or felonious arson, as described in part 1 of article 4 of this title;
The young adult offender is convicted of a felony offense described in section 181.3-401 as a class 3 felony, other than the felonies described in section 18-3-402 (1)(d) and section 18-3-403 (1)(e), as it existed prior to July 1, 2000, and has, within the two previous years, been adjudicated a juvenile delinquent for a delinquent act that would constitute a felony if committed by an adult; or
The young adult offender is convicted of a felony offense, and is determined tohave been an "habitual juvenile offender", as defined in section 19-1-103 (61), C.R.S.
(b) The offenses described in paragraph (a) of this subsection (1) shall include the attempt, conspiracy, or solicitation to commit such offenses.
(2) (a) Notwithstanding the circumstances described in subsection (1) of this section, a young adult offender shall be ineligible for sentencing to the youthful offender system if the young adult offender is convicted of any of the following:
A class 1 or class 2 felony;
A sexual offense described in section 18-6-301, section 18-6-302, or part 4 of article3 of this title; or
Any offense, if the young adult offender has received a sentence to the youthfuloffender system for any prior conviction.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (2), a young adult offender who is charged with first degree murder as described in section 18-3-102 (1)(b) and pleads guilty to a class 2 felony as a result of a plea agreement is eligible for sentencing to the youthful offender system if the young adult offender would be eligible for sentencing to the youthful offender system for a conviction of the felony underlying the charge of first degree murder as described in section 18-3-102 (1)(b).
As used in this section, unless the context otherwise requires, a "young adult offender" means a person who is at least eighteen years of age but under twenty years of age at the time the crime is committed and under twenty-one years of age at the time of sentencing pursuant to this section.
Source: L. 2009: Entire section added, (HB 09-1122), ch. 77, p. 278, § 1, effective October 1. L. 2013: Entire section RC&RE, (SB 13-216), ch. 171, p. 617, § 1, effective May 10.
Editor's note: Prior to the recreation and reenactment of this section in 2013, subsection (4) provided for the repeal of this section, effective October 1, 2012. (See L. 2009, p. 278.)