SB 18-037

Senate Bill 18-037 in Colorado changes how repeat felony offenders are sentenced. Currently, if someone is convicted of a third felony within ten years and the previous two were felonies too, they face a longer mandatory sentence. The bill modifies this rule so it only applies to people who have three prior convictions for specific types of felonies, like violent crimes or serious drug offenses. Instead of the old harsher sentencing requirements, judges can now give these offenders sentences that are between 2 and 3 times the standard maximum penalty, with some flexibility if there are special reasons to reduce the sentence. The bill has been signed into law, meaning it will change how habitual criminals are sentenced in Colorado starting from this point forward.

Official Summary

Sentencing in the Criminal Justice System Interim Study Committee. The bill repeals the provision that requires a court to sentence a person who has been convicted of 2 prior felonies within 10 years of the commission of another felony to the department of corrections for a term of 3 times the maximum of the presumptive range for the level of felony last committed. Under current law, a court must sentence a person convicted of a felony who has been convicted of 3 prior felonies to 4 times the maximum of the presumptive range of the last felony. The bill changes the provision so that it applies only to a person convicted of one of the specified felonies who has 3 prior convictions relating to the specified felonies. It requires the court to sentence the person to between 2 and 3 times the maximum of the presumptive range for the felony for which he or she is being sentenced, unless the court finds the case to be exceptional and involves extenuating circumstances. If the court finds extenuating circumstances, it may sentence the person to a lesser term, to community corrections, or to probation, but the court must notify the state court administrator of the extenuating circumstances justifying such a sentence. A person sentenced as an habitual offender is eligible for parole after he or she has served 75% of the sentence imposed less any earned time granted. (Note: This summary applies to this bill as introduced.) Read More