C.R.S. Section 18-1.3-1004
Indeterminate sentence

(1)

Intentionally left blank —Ed.

(a)

Except as otherwise provided in this subsection (1) and in subsection (2) of this section, the district court having jurisdiction shall sentence a sex offender to the custody of the department for an indeterminate term of at least the minimum of the presumptive range specified in section 18-1.3-401 for the level of offense committed and a maximum of the sex offender’s natural life.

(b)

If the sex offender committed a sex offense that constitutes a crime of violence, as defined in section 18-1.3-406, the district court shall sentence the sex offender to the custody of the department for an indeterminate term of at least the midpoint in the presumptive range for the level of offense committed and a maximum of the sex offender’s natural life.

(c)

If the sex offender committed a sex offense that makes him or her eligible for sentencing as an habitual sex offender against children pursuant to section 18-3-412, the district court shall sentence the sex offender to the custody of the department for an indeterminate term of at least three times the upper limit of the presumptive range for the level of offense committed and a maximum of the sex offender’s natural life.

(d)

If the sex offender committed a sex offense that constitutes a sexual offense, as defined in section 18-3-415.5, and the sex offender, prior to committing the offense, had notice that he or she had tested positive for the human immunodeficiency virus (HIV) and HIV infection, and the infectious agent of the HIV infection was in fact transmitted, the district court shall sentence the sex offender to the custody of the department for an indeterminate term of at least the upper limit of the presumptive range for the level of offense committed and a maximum of the sex offender’s natural life.

(e)

Intentionally left blank —Ed.

(I)

Notwithstanding any other provision of law, the district court shall sentence a sex offender to the custody of the department for an indeterminate term as specified in subparagraph (II) of this paragraph (e) if the sex offender:

(A)

Committed a class 2, class 3, or class 4 sex offense in violation of section 18-3-402, 18-3-405, or 18-3-405.3 when the act includes sexual intrusion as defined in section 18-3-401 (5) or sexual penetration as defined in section 18-3-401 (6);

(B)

Committed the act against a child who was under twelve years of age at the time of the offense; and

(C)

Was at least eighteen years of age and at least ten years older than the child.

(II)

The district court shall sentence a sex offender to the department of corrections for an indeterminate term of incarceration of:

(A)

At least ten to sixteen years for a class 4 felony to a maximum of the person’s natural life, as provided in this subsection (1), if he or she committed a crime as described in subparagraph (I) of this paragraph (e);

(B)

At least eighteen to thirty-two years for a class 3 felony to a maximum of the person’s natural life, as provided in this subsection (1), if he or she committed a crime as described in subparagraph (I) of this paragraph (e); and

(C)

At least twenty-four to forty-eight years for a class 2 felony, to a maximum of the person’s natural life, as provided in this subsection (1), if he or she committed a crime as described in subparagraph (I) of this paragraph (e).

(III)

If the defendant is placed on parole, the parole board shall order the defendant to wear electronic monitoring for the duration of his or her period of parole.

(2)

Intentionally left blank —Ed.

(a)

The district court having jurisdiction, based on consideration of the evaluation conducted pursuant to section 16-11.7-104, C.R.S., and the factors specified in section 18-1.3-203, may sentence a sex offender to probation for an indeterminate period of at least ten years for a class 4 felony or twenty years for a class 2 or 3 felony and a maximum of the sex offender’s natural life; except that, if the sex offender committed a sex offense that constitutes a crime of violence, as defined in section 18-1.3-406, or committed a sex offense that makes him or her eligible for sentencing as a habitual sex offender against children pursuant to section 18-3-412, or a sex offense requiring sentencing pursuant to paragraph (e) of subsection (1) of this section, the court shall sentence the sex offender to the department of corrections as provided in subsection (1) of this section. For any sex offender sentenced to probation pursuant to this subsection (2), the court shall order that the sex offender, as a condition of probation, participate in an intensive supervision probation program established pursuant to section 18-1.3-1007, until further order of the court.

(b)

The court, as a condition of probation, may sentence a sex offender to a residential community corrections program pursuant to section 18-1.3-301 for a minimum period specified by the court. Following completion of the minimum period, the sex offender may be released to intensive supervision probation as provided in section 18-1.3-1008 (1.5).

(3)

Each sex offender sentenced pursuant to this section shall be required as a part of the sentence to undergo treatment to the extent appropriate pursuant to section 16-11.7-105, C.R.S.

(4)

Repealed.

(5)

Intentionally left blank —Ed.

(a)

Any sex offender sentenced pursuant to subsection (1) of this section and convicted of one or more additional crimes arising out of the same incident as the sex offense shall be sentenced for the sex offense and such other crimes so that the sentences are served consecutively rather than concurrently.

(b)

Intentionally left blank —Ed.

(I)

Except as otherwise provided in subparagraph (II) of this paragraph (b), if a sex offender sentenced pursuant to this part 10 is convicted of a subsequent crime prior to being discharged from parole pursuant to section 18-1.3-1006 or discharged from probation pursuant to section 18-1.3-1008, any sentence imposed for the second crime shall not supersede the sex offender’s sentence pursuant to the provisions of this part 10. If the sex offender commits the subsequent crime while he or she is on parole or probation and the sex offender receives a sentence to the department of corrections for the subsequent crime, the sex offender’s parole or probation shall be deemed revoked pursuant to section 18-1.3-1010, and the sex offender shall continue to be subject to the provisions of this part 10.

(II)

The provisions of subparagraph (I) of this paragraph (b) shall not apply if the sex offender commits a subsequent crime that is a class 1 felony.

Source: Section 18-1.3-1004 — Indeterminate sentence, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-18.­pdf (accessed Oct. 20, 2023).

18‑1.3‑101
Pretrial diversion - appropriation - repeal 18‑1.3‑102
Deferred sentencing of defendant 18‑1.3‑103.4
Senate Bill 13-250 - legislative intent - clarification of internal reference to level 4 drug felonies 18‑1.3‑103.5
Felony convictions - vacate and enter conviction on misdemeanor after successful completion 18‑1.3‑103.7
Alternative options for pregnant and postpartum people - legislative declaration - definitions 18‑1.3‑104
Alternatives in imposition of sentence 18‑1.3‑104.5
Alternatives in imposition of sentence in drug felony cases - exhaustion of remedies 18‑1.3‑105
Authority of sentencing courts to utilize home detention programs 18‑1.3‑106
County jail sentencing alternatives - work, educational, and medical release - home detention - day reporting - definition 18‑1.3‑107
Conviction - collateral relief - applicability - definitions 18‑1.3‑201
Application for probation 18‑1.3‑202
Probationary power of court 18‑1.3‑202.5
Veterans court probation supervision 18‑1.3‑203
Criteria for granting probation 18‑1.3‑204
Conditions of probation - interstate compact probation transfer cash fund - creation 18‑1.3‑205
Restitution as a condition of probation 18‑1.3‑206
Repayment of crime stopper reward as a condition of probation 18‑1.3‑207
Work and education release programs 18‑1.3‑208
Intensive supervision probation programs - legislative declaration 18‑1.3‑209
Substance abuse assessment required 18‑1.3‑210
Counseling or treatment for alcohol or drug abuse or substance use disorder 18‑1.3‑211
Sentencing of felons - parole of felons - treatment and testing based upon assessment required 18‑1.3‑212
Drug testing of offenders by judicial department - pilot program 18‑1.3‑301
Authority to place offenders in community corrections programs 18‑1.3‑302
Legislative declaration - offenders who may be sentenced to the specialized restitution and community service program 18‑1.3‑401
Felonies classified - presumptive penalties 18‑1.3‑401.5
Drug felonies classified - presumptive and aggravated penalties - legislative intent 18‑1.3‑402
Felony offenses not classified 18‑1.3‑403
Penalty for felony not fixed by statute - punishment 18‑1.3‑404
Duration of sentences for felonies 18‑1.3‑405
Credit for presentence confinement 18‑1.3‑406
Mandatory sentences for violent crimes - definitions 18‑1.3‑407
Sentences - youthful offenders - powers and duties of district court - authorization for youthful offender system - powers and duties of department of corrections - youthful offender system study - report - legislative declaration - definitions 18‑1.3‑407.5
Sentences - young adult offenders - youthful offender system - definitions 18‑1.3‑408
Determinate sentence of imprisonment imposed by court 18‑1.3‑409
Concurrent or consecutive sentences - court to clarify sentencing in mittimus 18‑1.3‑410
Fentanyl education and treatment program 18‑1.3‑501
Misdemeanors classified - drug misdemeanors and drug petty offenses classified - penalties - legislative intent - definitions 18‑1.3‑502
Duration of sentences for misdemeanors 18‑1.3‑503
Petty offense and civil infraction classified - penalties 18‑1.3‑504
Misdemeanors and petty offenses not classified 18‑1.3‑505
Penalty for misdemeanor not fixed by statute - punishment 18‑1.3‑506
Payment and collection of fines for class 1 or 2 misdemeanors, petty offenses, and civil infractions - release from incarceration 18‑1.3‑507
Community or useful public service - misdemeanors 18‑1.3‑507.5
Useful public service cash fund created 18‑1.3‑508
Definite sentence not void 18‑1.3‑509
Credit for time served on misdemeanor sentences 18‑1.3‑510
Fentanyl education and treatment program 18‑1.3‑601
Legislative declaration 18‑1.3‑602
Definitions 18‑1.3‑603
Assessment of restitution - corrective orders 18‑1.3‑701
Judgment of costs and fines - definitions 18‑1.3‑702
Monetary payments - due process required 18‑1.3‑703
Reimbursement of amounts paid following a vacated conviction or amended order for restitution - petition 18‑1.3‑704
Outstanding balances owed by juveniles - report - repeal 18‑1.3‑801
Punishment for habitual criminals 18‑1.3‑802
Evidence of former convictions - identity 18‑1.3‑803
Verdict of jury 18‑1.3‑804
Habitual burglary offenders - punishment - legislative declaration 18‑1.3‑901
Short title 18‑1.3‑902
Applicability of part 18‑1.3‑903
Definitions 18‑1.3‑904
Indeterminate commitment 18‑1.3‑905
Requirements before acceptance of a plea of guilty 18‑1.3‑906
Commencement of proceedings 18‑1.3‑907
Defendant to be advised of rights 18‑1.3‑908
Psychiatric examination and report 18‑1.3‑909
Report of probation department 18‑1.3‑910
Termination of proceedings 18‑1.3‑911
Evidentiary hearing 18‑1.3‑912
Findings of fact and conclusions of law 18‑1.3‑913
Appeal 18‑1.3‑914
Time allowed on sentence 18‑1.3‑915
Costs 18‑1.3‑916
Diagnostic center as receiving center 18‑1.3‑1001
Legislative declaration 18‑1.3‑1002
Short title 18‑1.3‑1003
Definitions 18‑1.3‑1004
Indeterminate sentence 18‑1.3‑1005
Parole - intensive supervision program 18‑1.3‑1006
Release from incarceration - parole - conditions 18‑1.3‑1007
Probation - intensive supervision program 18‑1.3‑1008
Probation - conditions - release 18‑1.3‑1009
Criteria for release from incarceration, reduction in supervision, and discharge 18‑1.3‑1010
Arrest of parolee or probationer - revocation 18‑1.3‑1011
Annual report 18‑1.3‑1012
Applicability of part 18‑1.3‑1101
Definitions 18‑1.3‑1102
Pretrial motion by defendant in class 1 felony case - determination whether defendant is mentally retarded or has an intellectual and developmental disability - procedure 18‑1.3‑1103
Mentally retarded defendant or defendant with an intellectual and developmental disability - death penalty not imposed 18‑1.3‑1104
Evaluation and report 18‑1.3‑1105
Evaluation at insistence of defendant 18‑1.3‑1201
Imposition of sentence in class 1 felonies - appellate review - applicability 18‑1.3‑1202
Death penalty inflicted by lethal injection 18‑1.3‑1203
Genetic testing prior to execution 18‑1.3‑1204
Implements - sentence executed by executive director 18‑1.3‑1205
Week of execution - warrant 18‑1.3‑1206
Execution - witnesses 18‑1.3‑1207
Record and certificate of execution 18‑1.3‑1301
Applicability of procedure for the imposition of sentences in class 1 felony cases 18‑1.3‑1302
Imposition of sentences in class 1 felonies for crimes committed on or after July 1, 1988, and prior to September 20, 1991 - appellate review - applicability 18‑1.3‑1401
Definitions 18‑1.3‑1402
Mental competency to be executed - presumptions 18‑1.3‑1403
Mental incompetency to be executed - filing of motion 18‑1.3‑1404
Mental incompetency to be executed - examination 18‑1.3‑1405
Mentally incompetent to be executed - untimely or successive motions 18‑1.3‑1406
Persons mentally incompetent to be executed - restoration to competency 18‑1.3‑1407
Appeal of determination of mental incompetency to be executed
Green check means up to date. Up to date

Current through Fall 2024

§ 18-1.3-1004’s source at colorado​.gov