C.R.S. Section 16-13-1001
Legislative declaration


(1)

The general assembly finds that:

(a)

Intentionally left blank —Ed.

(I)

In the 2012 case of Miller v. Alabama, the United States supreme court held that imposing a mandatory life sentence without the possibility of parole on a juvenile is a cruel and unusual punishment prohibited by the eighth amendment to the United States constitution; and

(II)

The court further held that children are constitutionally different than adults for purposes of sentencing; and

(b)

Intentionally left blank —Ed.

(I)

In the 2016 case of Montgomery v. Louisiana, the court held that Miller v. Alabama announced a substantive rule of constitutional law that applies retroactively; and

(II)

In light of the court’s holding that children are constitutionally different than adults in their level of culpability, the court further held that prisoners serving life sentences for crimes that they committed as juveniles must be given the opportunity to show that their crimes did not reflect irreparable corruption, and, if they did not, then their hope for some years of life outside prison walls must be restored; and

(III)

The court made it clear that a sentence to a lifetime in prison is an unconstitutional sentence for all but the rarest of children.

(2)

The general assembly further finds that:

(a)

A juvenile sentenced in Colorado for a conviction of a class 1 felony as a result of a direct file or transfer of an offense committed on or after July 1, 1990, and before July 1, 2006, was sentenced to a mandatory life sentence without the possibility of parole; and

(b)

Approximately fifty persons in Colorado received such an unconstitutional sentence.

(3)

Now, therefore, the general assembly hereby declares that this part 10 is necessary to provide persons serving such unconstitutional sentences the opportunity for resentencing.

Source: Section 16-13-1001 — Legislative declaration, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-16.­pdf (accessed Oct. 20, 2023).

16‑13‑216
Powers and duties of the board
16‑13‑301
Definitions
16‑13‑302
Public nuisances - policy
16‑13‑303
Class 1 public nuisance
16‑13‑304
Class 2 public nuisance
16‑13‑305
Class 3 public nuisance
16‑13‑306
Class 4 public nuisance
16‑13‑306.5
Limitations on receipt of forfeiture payments from federal agencies
16‑13‑307
Jurisdiction - venue - parties - process
16‑13‑308
Temporary restraining order - preliminary injunction - when to issue
16‑13‑309
Judgment - relief
16‑13‑310
Redelivery of seized premises
16‑13‑311
Disposition of seized personal property
16‑13‑312
Violation of injunction
16‑13‑313
Fees - costs and fines - lien and collection
16‑13‑314
Disposition of forfeited real property
16‑13‑315
Seizure of personal property
16‑13‑316
Prior liens not subject to forfeiture - vesting of title
16‑13‑501
Short title
16‑13‑501.5
Legislative declaration
16‑13‑502
Definitions
16‑13‑503
Subject acts
16‑13‑504
Forfeiture of vehicle, fixtures and contents of building, personal property, or contraband article - exceptions
16‑13‑504.5
Limitations on receipt of forfeiture payments from federal agencies
16‑13‑505
Forfeiture proceedings
16‑13‑506
Final order - disposition of property
16‑13‑507
Disposition of contraband article or property
16‑13‑508
Forfeitures
16‑13‑509
Evidentiary presumption
16‑13‑510
Money placed in account
16‑13‑511
Severability
16‑13‑601
Receipt of federally forfeited property
16‑13‑701
Reports related to seizures and forfeitures - legislative declaration - definitions
16‑13‑702
Disposition of forfeited property
16‑13‑901
Legislative declaration
16‑13‑902
Definitions
16‑13‑903
Sexually violent predator subject to community notification - determination - implementation
16‑13‑904
Sex offender management board - duties
16‑13‑905
Local law enforcement - duties - immunity
16‑13‑906
Division of criminal justice - technical assistance team
16‑13‑1001
Legislative declaration
16‑13‑1002
Resentencing hearing for persons serving life sentences without the possibility of parole as the result of a direct file or transfer
Green check means up to date. Up to date

Current through Fall 2024

§ 16-13-1001’s source at colorado​.gov