(1) As used in this section, unless the context otherwise requires:
"Convicted" and "conviction" mean a plea of guilty, including a plea of guilty entered pursuant to a deferred sentence under section 18-1.3-102, or a verdict of guilty by a judge or jury, and includes a plea of no contest accepted by the court.
"Drug offender" means any person convicted of any offense under this article.
"Useful public service" means any work which is beneficial to the public and whichinvolves a minimum of direct supervision or other public cost. "Useful public service" does not include any work which would endanger the health or safety of a drug offender.
(2) (a) Upon conviction for an offense committed on or after March 1, 2020, a court shall sentence each drug offender, other than an offender sentenced to the department of corrections or an offender sentenced directly to a community corrections facility, to pay for and complete, at a minimum, forty-eight hours of useful public service for any felony, twenty-four hours of useful public service for any misdemeanor, and sixteen hours of useful public service for any petty offense. Such useful public service is in addition to, and not in lieu of, any other sentence received by the drug offender. The court may suspend any portion of the minimum number of useful public service hours ordered when completion of the useful public service requirement interferes with appropriate and necessary treatment or with any other requirements of probation ordered by the court. If any drug offender is sentenced to probation, whether supervised by the court or by a probation officer, the order to pay for and complete the useful public service hours is made a condition of probation.
Repealed.
(I) If not already established pursuant to law, there may be established in each judicial district in the state a useful public service program under the direction of the chief judge of the judicial district. The purpose of the useful public service program is to identify and seek the cooperation of governmental entities and political subdivisions thereof and corporations organized not for profit or charitable trusts, as specified in subsection (2)(c)(II) of this section, for the purpose of providing useful public service jobs; to interview and assign persons who have been ordered by the court to perform useful public service to suitable useful public service jobs; and to monitor compliance or noncompliance of such persons in performing useful public service assignments as specified in subsection (2)(a) of this section. Nothing in this subsection (2) limits the authority of an entity that is the recipient of community or useful public service to accept or reject such service, in its sole discretion.
(II) In addition to governmental entities and political subdivisions thereof, the following organizations are eligible to provide community or useful public service jobs established under this section or any other provision of law so long as they meet any other requirement related to the provision of those jobs, as established by the entity that is the recipient of community or useful public service:
A charitable trust or other organization that is exempt from taxation under section501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended;
A civic league or organization that is exempt from taxation under section 501 (c)(4) of the federal "Internal Revenue Code of 1986", as amended, and that also would qualify as a veterans' service organization as defined in section 501 (c)(19) of the federal "Internal Revenue Code of 1986", as amended; and
A veterans' service organization that is exempt from taxation under section 501 (c)(19) of the federal "Internal Revenue Code of 1986", as amended.
Any general public liability insurance policy obtained pursuant to this subsection (2) shall be in a sum of not less than the current limit on government liability under the "Colorado Governmental Immunity Act", article 10 of title 24, C.R.S.
For the purposes of the "Colorado Governmental Immunity Act", article 10 of title24, C.R.S., "public employee" does not include any person who is sentenced pursuant to this subsection (2) to participate in any type of useful public service.
No governmental entity shall be liable under the "Workers' Compensation Act ofColorado", articles 40 to 47 of title 8, C.R.S., or under the "Colorado Employment Security Act", articles 70 to 82 of title 8, C.R.S., for any benefits on account of any person who is sentenced pursuant to this section to participate in any type of useful public service, but nothing in this subsection (2) shall prohibit a governmental entity from electing to accept the provisions of the "Workers' Compensation Act of Colorado" by purchasing and keeping in force a policy of workers' compensation insurance covering such person.
(3) Upon a plea of guilty, including a plea of guilty entered pursuant to a deferred sentence pursuant to section 18-1.3-102 or a verdict of guilty by the court or a jury, to any felony offense pursuant to this article 18, the court shall order the drug offender to immediately report to the sheriff's department in the county where the drug offender was charged, at which time the drug offender's fingerprints and photographs must be taken and returned to the court, which fingerprints and photographs become a part of the court's official documents and records pertaining to the charges against the drug offender and the drug offender's identification in association with such charges. On any trial for a violation of any criminal law of this state, a duly authenticated copy of the record of former convictions and judgments of any court of record for any of said crimes against the drug offender named in said convictions and judgments is prima facie evidence of such convictions and may be used in evidence against the drug offender. Identification photographs and fingerprints that are part of the record of such former convictions and judgments of any court of record or which are part of the record at the place of the drug offender's incarceration after sentencing for any of such former convictions and judgments are prima facie evidence of the identity of the drug offender and may be used in evidence against such drug offender. Any drug offender who fails to immediately comply with the court's order to report to the sheriff's department, to furnish fingerprints, or to have photographs taken may be held in contempt of court.
Source: L. 93: Entire section added, p. 1777, § 40, effective June 6. L. 2002: (1)(a),
(2)(b), and (3) amended, p. 1520, § 216, effective October 1. L. 2004: (2)(c) amended, p. 506, § 2, effective August 4. L. 2013: (2)(b) and (3) amended, (HB 13-1156), ch. 336, p. 1958, § 6, effective August 7. L. 2017: (2)(c) amended, (HB 17-1056), ch. 56, p. 178, § 2, effective March 20. L. 2019: (2)(a) and (3) amended and (2)(b) repealed, (HB 19-1263), ch. 291, p. 2678, § 4, effective March 1, 2020.
Editor's note: Subsection (2)(b)(II) provided for the repeal of subsection (2)(b), effective March 1, 2020. (See L. 2019, p. 2678.)
Cross references: For the legislative declaration contained in the 2002 act amending subsections (1)(a), (2)(b), and (3), see section 1 of chapter 318, Session Laws of Colorado 2002.