July 17, 2019

SB 13-250: Amending the Provisions for Sentencing of Persons Convicted of Certain Drug Crimes

On Monday, April 1, 2013, Sen. Pat Steadman introduced SB 13-250 – Concerning Changes to Sentencing of Persons Convicted of Drug Crimes. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill creates a sentencing option for offenders convicted of certain drug felonies that allows the court to vacate the felony conviction and enter a misdemeanor conviction in its place if the offender successfully completes a community-based sentence.

For level 4 drug felonies, the bill creates an exhaustion of remedies requirement prior to the court sentencing the defendant to prison.

If an offender who is convicted of a level 4 drug felony is terminated from a community corrections sentence, the court shall hold a resentencing hearing or make written findings regarding the sentence.

The bill creates new felony and misdemeanor drug sentencing grids.

The bill amends the drug sentencing article short title and legislative declaration.

The bill assigns each of the drug crimes a new drug penalty based on the new felony and misdemeanor drug sentencing grids.

The bill prohibits a plea agreement that requires the defendant to waive his or her right to petition to have the conviction record sealed.

When a defendant is sentenced to probation for a drug misdemeanor, the court may impose residential drug treatment as a condition of probation.

The bill amends the intensive supervision probation program to allow defendants convicted of a misdemeanor to participate if they are assessed as higher risk.

The bill adds all drug felonies to the habitual sentencing schemes.

The bill makes conforming amendments.

The bill authorizes the statewide organization representing district attorneys the ability to receive, manage, and expend state funds in the manner prescribed by the general assembly on behalf of the district attorneys who are members of the organization.

Under current law, drug offenders convicted after July 1, 2011, have the opportunity to have their conviction sealed. The bill conforms those provisions to the new drug offense classifications.

The bill requires the division of criminal justice in the department of public safety to collect data on drug cases and issue a report by Dec. 31, 2016.

The bill was introduced on April 1 and it is assigned to the Judiciary Committee.