C.R.S. Section 18-1.3-103.7
Alternative options for pregnant and postpartum people

  • legislative declaration
  • definitions

(1)

Intentionally left blank —Ed.

(a)

The general assembly finds and declares that:

(I)

There is an increasing female population in prisons and jails;

(II)

While no system is perfect in responding to the medical conditions of pregnancy, correctional facilities and county jails are particularly ill-equipped to do so;

(III)

During criminal cases involving a pregnant or postpartum defendant, the physical and mental health needs of the pregnant defendant or the postpartum defendant and newborn must be considered at all stages of the proceeding as a matter of community health and safety;

(IV)

Timely attention to medical conditions and mental health during the perinatal period can improve health and welfare for multiple generations of a family unit;

(V)

Pregnancy is a time-sensitive process that has many potential outcomes and variations. A pregnant person may feel healthy and experience no complications. A pregnant person may also experience sudden, harmful medical conditions, such as preeclampsia or placental abruption, or develop complex medical conditions that result in the early termination of a pregnancy or threaten the life of the pregnant person, such as an ectopic pregnancy. At any stage of the perinatal period, situations can occur that cause long-term physical and mental health trauma for the pregnant person.

(VI)

Criminal proceedings are not responsive to the timeline or complexity of the perinatal period;

(VII)

When a substance use disorder intersects with a pregnancy, it is best handled as a health condition. Increasing the time a pregnant person with a substance use disorder is in a correctional facility or county jail is counter to public health and may drive the pregnant person away from medical care and support services.

(VIII)

The end of the pregnancy does not immediately terminate the effects of the pregnancy on the person who was pregnant;

(IX)

The postpartum period is an essential time frame for both the person who gave birth and the newborn. It is an opportunity for the newborn:

(A)

To develop healthy physiologic responses; and

(B)

To benefit from the attachment and bonding that occurs during this period;

(X)

Bonding between a newborn and parent during the postpartum period can improve conditions for other children and care providers in the same family unit and prevent child abuse and neglect; and

(XI)

Bonding between a newborn and a parent can improve the overall health of the newborn and the parent and may prevent or reduce long-term health risks that may be increased by separating the newborn from the parent. For example:

(A)

A postpartum person who does not breastfeed or chestfeed a newborn may have an increased likelihood of premenopausal breast cancer, ovarian cancer, or type 2 diabetes;

(B)

A newborn who is not breastfed or chestfed may have an increased likelihood of childhood obesity, asthma, type 1 or type 2 diabetes, leukemia, or sudden infant death syndrome; and

(C)

A child who is separated from any parent may experience stress hormones, which may lead to difficulty sleeping, developmental regression, heart disease, hypertension, obesity, diabetes, or decreased life span. A newborn who is separated from a parent may also experience permanent architectural changes in the brain, including a lower intelligence quotient or an increased likelihood of depression, suicidal ideation, or addiction to alcohol or gambling.

(b)

The general assembly finds, therefore, that all alternatives to prosecution, commitment, and incarceration of a pregnant or postpartum person must be considered, including a stay of criminal proceedings or sentencing to reduce the likelihood of negative health and social outcomes for the parent, newborn child, and community.

(c)

It is the intent of the general assembly that a person who coerces or extorts a pregnant or postpartum person in the commission of crimes should be subject to being investigated and, as appropriate, prosecuted for a criminal act pursuant to this title 18.

(2)

As used in this section, unless the context otherwise requires:

(a)

“Newborn” means a person who has been born and who is less than one year old.

(b)

“Postpartum period” means a period of one year after the end of a pregnancy, regardless of whether the pregnancy ends with a live birth.

(c)

“Pregnant or postpartum defendant” means a person who is pregnant or in a postpartum period who has been accused or convicted of a crime.

(d)

“Stay of execution” means delaying the imposition of a sentence or the incarceration portion of the sentence for a pregnant or postpartum defendant after the sentence is announced by a court.

(3)

Intentionally left blank —Ed.

(a)

There is a rebuttable presumption against detention and incarceration of a pregnant or postpartum defendant if the defendant provides the court and district attorney with notice of the defendant’s status as a pregnant or postpartum defendant at each applicable stage of the proceedings. Subject to subsection (5) of this section and if the court decides to detain or incarcerate the pregnant or postpartum defendant after weighing the applicable legal standards and considerations set forth in subsections (3)(a)(I) to (3)(a)(VI) of this section, the court shall make specific findings on the record that the risk to public safety or any other factor the court is required to consider is substantial enough to outweigh the risk of incarceration. The court shall apply the rebuttable presumption described in this subsection (3)(a) to a pregnant or postpartum defendant in determining whether to:

(I)

Issue bond pursuant to article 4 of title 16;

(II)

Accept a diversion agreement pursuant to section 18-1.3-101;

(III)

Accept or continue a deferred judgment pursuant to section 18-1.3-102;

(IV)

Impose a sentence pursuant to section 18-1-102.5, including whether to grant probation pursuant to part 2 of this article 1.3;

(V)

Impose an alternative sentence pursuant to section 18-1.3-104 or 18-1.3-106; or

(VI)

Grant a stay of execution pursuant to this section.

(b)

A court shall not use a pregnant or postpartum defendant’s pregnancy or postpartum period as a basis for imposing a greater restriction on the defendant’s liberty than a similarly situated defendant who is not pregnant or postpartum, including when a pregnant or postpartum defendant has a substance use disorder.

(4)

Intentionally left blank —Ed.

(a)

A person who may be pregnant or postpartum who is arrested or in custody in a county jail or correctional facility may request a pregnancy test upon or following admission to the county jail or correctional facility. Staff at the county jail or correctional facility shall provide a pregnancy test upon request and allow the person to take the pregnancy test within twenty-four hours after the request.

(b)

Requesting a pregnancy test, taking a pregnancy test, and the results of a pregnancy test are confidential medical information. This confidential medical information must not be disclosed to outside parties unless the information is required for the person to receive medical care or to allow staff at the county jail or correctional facility to provide necessary care.

(c)

If a person is represented by an attorney in a criminal proceeding and the county jail or correctional facility has a signed medical release from the person, the county jail or correctional facility shall give notice to the person’s attorney within forty-eight hours, excluding state holidays and weekends, concerning the person’s request for a pregnancy test pursuant to subsection (4)(a) of this section.

(5)

Intentionally left blank —Ed.

(a)

A pregnant or postpartum defendant may raise the issue of the defendant’s pregnancy or postpartum period at any time during criminal proceedings or while serving a sentence. If the pregnancy or postpartum period is raised, the pregnant or postpartum defendant shall provide notice to the district attorney by providing evidence of the pregnancy or the start of the postpartum period with a limited waiver of privilege. A positive pregnancy test or medical record confirming pregnancy or the end of pregnancy, or a birth certificate of a newborn, is prima facie evidence of pregnancy or the start of the postpartum period.

(b)

If the prosecution contests that the defendant is pregnant or in a postpartum state, the court shall hold a hearing to make a determination as soon as practicable, but no later than fourteen days after the issue is raised, unless the defendant requests the hearing be held later than fourteen days after the issue is raised. If the defendant requests a later hearing, the court shall make the determination within the timeline requested. The court shall hold the hearing immediately if the circumstances of the defendant or the defendant’s newborn require it. The defendant shall prove, by a preponderance of the evidence, that the defendant is a pregnant or postpartum defendant.

(c)

The court shall protect medical information provided to the court as confidential medical information. A defendant’s waiver of medical privilege to present medical evidence of pregnancy or the end of a pregnancy in court is limited to information relevant to determine whether the defendant is or was pregnant and whether the pregnancy has ended.

(6)

Intentionally left blank —Ed.

(a)

Notwithstanding the provisions of this section, a court shall not:

(I)

Set or release the pregnant or postpartum defendant on bond if the pregnant or postpartum defendant is ineligible for bond;

(II)

Accept an agreement or impose an alternative sentence if the pregnant or postpartum defendant is ineligible for a diversion program, deferred judgment, probationary sentence, or another form of alternative sentence; or

(III)

Apply the rebuttable presumption pursuant to this section if a pregnant or postpartum defendant was convicted of a crime of violence, as defined in section 18-1.3-406 (2).

(b)

The court shall impose any mandatory sentence required by law on a pregnant or postpartum defendant, but the court may grant a stay of execution as set forth in subsection (7) of this section.

(7)

Intentionally left blank —Ed.

(a)

Any pregnant or postpartum defendant may request a stay of execution by filing a written request to the court if the pregnant or postpartum defendant is detained or incarcerated in a county jail or correctional facility for any period of time through the end of the pregnancy or the postpartum period.

(b)

The court shall hold a hearing to determine the matter as soon as practicable, but no later than fourteen days after the pregnant or postpartum defendant requests a stay of execution, unless the pregnant or postpartum defendant requests a later hearing. If the pregnant or postpartum defendant requests a later hearing, the court shall make the determination within the timeline requested. The court shall hold the hearing immediately if the circumstances of the pregnant or postpartum defendant or newborn require it. The defendant shall prove, by a preponderance of the evidence, that the defendant is a pregnant or postpartum defendant.

(c)

In ruling upon the pregnant or postpartum defendant’s request pursuant to subsection (7)(b) of this section, the court shall apply the rebuttable presumption set forth in subsection (3)(a) of this section.

(d)

The district attorney and the court shall comply with the requirements of the “Victim Rights Act” pursuant to part 3 of article 4.1 of title 24 in any proceeding conducted pursuant to this section.

(e)

Following the hearing conducted pursuant to subsection (7)(b) of this section, the court may order a stay of execution of the sentence for any period of time through the end of the pregnancy or the postpartum period. The court shall order a date, time, and place for the defendant to appear to serve the sentence upon completion of the stay of execution.

(f)

If the court grants a stay of execution pursuant to subsection (7)(e) of this section, the court shall order the bond and the conditions of the bond to remain in effect until the date the pregnant or postpartum defendant is ordered to start serving the defendant’s sentence.

(g)

Notwithstanding this section, a pregnant or postpartum defendant who is ineligible for bail pursuant to section 16-4-101 or 16-4-201.5 is not eligible for a stay of execution.

(h)

If the pregnant or postpartum defendant is charged with a new violation or the court receives a verified motion from the district attorney or an agency responsible for supervising the pregnant or postpartum defendant that establishes a prima facie case that the pregnant or postpartum defendant has violated the conditions of the stay of execution and presents a substantial risk to public safety, the court shall set a hearing and require the pregnant or postpartum defendant to appear. After the hearing, the court may end the stay of execution, add new conditions, issue a warrant, or continue the stay of execution.

(8)

If a defendant who is sentenced to incarceration learns that the defendant is pregnant following the sentencing hearing, or a postpartum defendant experiences changes to the defendant’s postpartum condition following the sentencing hearing, this section does not preclude the pregnant or postpartum defendant from requesting reconsideration of the sentence pursuant to rule 35 (b) of the rules of criminal procedure. During the reconsideration hearing, this section applies.

Source: Section 18-1.3-103.7 — Alternative options for pregnant and postpartum people - legislative declaration - definitions, 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
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Current through Fall 2024

§ 18-1.3-103.7’s source at colorado​.gov