C.R.S. Section 18-1.3-103.5
Felony convictions

  • vacate and enter conviction on misdemeanor after successful completion

(1)

In order to expand opportunities for offenders to avoid a drug felony conviction, to reduce the significant negative consequences of that felony conviction, and to provide positive reinforcement for drug offenders who work to successfully complete any community-based sentence imposed by the court, the legislature hereby creates an additional opportunity for those drug offenders who may not otherwise have been eligible for or successful in other statutorily created programs that allow the drug offender to avoid a felony conviction, such as diversion or deferred judgment.

(2)

Intentionally left blank —Ed.

(a)

In a case in which the defendant enters a plea of guilty or is found guilty by the court or a jury for a crime listed in subsection (3) of this section, the court shall order, upon successful completion of any community-based sentence to probation or to a community corrections program, the drug felony conviction vacated and shall enter a conviction for a level 1 drug misdemeanor offense of possession of a controlled substance pursuant to section 18-18-403.5. Upon entry of the judgment of conviction pursuant to section 18-18-403.5, the court shall indicate in its order that the judgment of conviction is entered pursuant to the provisions of this section.

(b)

Whether a sentence is successfully completed shall be determined by the court without a jury with notice to the district attorney and the defendant or the defendant’s attorney of record. A community-based sentence is not successfully completed if the defendant has not successfully completed the treatment as ordered by the court and determined appropriate to address the defendant’s treatment needs.

(3)

This section applies to convictions for the following offenses:

(a)

On or after March 1, 2020, possession of a controlled substance, but only when the quantity of the controlled substance is not more than four grams of any material, compound, mixture, or preparation containing any quantity of gamma hydroxybutyrate, including its salts, isomers, and salts of isomers; not more than two grams of ketamine or cathinones; or not more than four milligrams of flunitrazepam. The district attorney and defendant may stipulate to the amount of the controlled substance possessed by the defendant at the time of sentencing, or the court shall determine the amount at the time of sentencing.

(b)

A level 4 drug felony for distribution pursuant to the provisions of section 18-18-405 (2)(d)(II);

(c)

Possession of more than twelve ounces of marijuana or more than three ounces of marijuana concentrate;

(d)

A violation of section 18-18-415; or

(e)

A violation of section 18-18-403.5 (2.5)(a).

(4)

Notwithstanding any provision of this section to the contrary, a defendant is not eligible for relief under this section if:

(a)

The defendant has a prior conviction for a crime of violence as described in section 18-1.3-406 or a prior conviction for an offense that is required to be sentenced pursuant to the provisions of section 18-1.3-406 in this state, or a crime in another state, the United States, or any territory subject to the jurisdiction of the United States that would be a crime of violence or an offense required to be sentenced pursuant to the provisions of section 18-1.3-406 in this state;

(b)

The defendant is ineligible for probation pursuant to section 18-1.3-201; or

(c)

Intentionally left blank —Ed.

(I)

The defendant has two or more prior felony convictions for a drug offense pursuant to this title, or a crime in another state, the United States, or any territory subject to the jurisdiction of the United States that would be a drug offense violation of this title.

(II)

For purposes of this paragraph (c), a felony conviction includes any diversion, deferred prosecution, or deferred judgment and sentence, whether or not completed, for a felony, and any conviction entered as a result of relief previously granted pursuant to this section or as a result of a guilty plea to a misdemeanor offense, as described in article 18 of this title, originally charged as a felony drug offense, as described in article 18 of this title.

Source: Section 18-1.3-103.5 — Felony convictions - vacate and enter conviction on misdemeanor after successful completion, 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

§ 18-1.3-103.5’s source at colorado​.gov