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Legislative Year: 2023 Change

Bill Detail: HB23-1292

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Title Enhanced Sentencing Colorado Commission On Criminal And Juvenile Justice Recommendations
Status Governor Signed (06/01/2023)
Bill Subjects
  • Crimes, Corrections, & Enforcement
House Sponsors M. Weissman (D)
M. Soper (R)
Senate Sponsors R. Gardner (R)
J. Gonzales (D)
House Committee Judiciary
Senate Committee Judiciary
Date Introduced 04/13/2023

Current law requires the court to sentence a person convicted of 2
or more separate crimes of violence arising out of the same incident so
that the person's sentences are served consecutively rather than
concurrently. The bill allows a person to petition the court for a
modification of the consecutive sentences imposed after at least 2
calendar years but no more than 5 calendar years after the final judgment
of conviction or sentence is entered. The court may modify the terms of
the sentence if the court finds substantial mitigating factors surrounding
the case and if the person has demonstrated substantial actions toward
rehabilitation as evidenced by engagement in positive programming;
assigned work; treatment, when available; and behavior that is compliant
with the rules of the facility or facilities where the person is or was
The bill allows the court to sentence the defendant to concurrent
sentences for 2 or more crimes of violence arising from the same incident
  • The parties agreed to waive ineligibility for concurrent
sentences; or
  • The following factors are proven by a preponderance of the
evidence by the defendant or stipulated by the parties at the
sentencing hearing:
  • The defendant has no prior felony convictions for a
victim rights offense; and
  • The defendant did not use or possess a firearm or
explosive in the commission of the offense or
threaten the use of a firearm or explosive during the
commission of the offense; and
  • The defendant's action did not result in serious
bodily injury or death.
A defendant convicted and sentenced as an habitual offender who
has been sentenced to 24 years or more and has served at least 10
calendar years of the sentence is allowed to petition the court for a
modification of that sentence and any other habitual sentence. The
defendant has the burden of demonstrating, by a preponderance of the
evidence, that there are substantial mitigating factors regarding the
circumstances of the offense or offenses or mitigating factors regarding
the circumstances of the defendant at the time of conviction; that the
defendant has demonstrated positive, engaged, and productive behavior
in the department of corrections; and that the defendant does not currently
present a risk to the community at large. If the court determines that a
modification of sentence is justified, the court may resentence the
defendant to a term of at least the midpoint in the aggravated range for
the class of felony for which the defendant was convicted, up to a term
less than the current sentence.

Committee Reports
with Amendments
Full Text
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Fiscal Notes Fiscal Notes (07/06/2023) (most recent)  
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