In Miller v. Alabama (2012), the United States supreme court held that imposing a mandatory life sentence without the possibility of parole on a juvenile is a cruel and unusual punishment prohibited by the eighth amendment to the United States constitution. In Colorado, a juvenile sentenced for a class 1 felony committed on or after July 1, 1990, and before July 1, 2006, was sentenced to a mandatory life sentence without the possibility of parole. The bill provides a procedure for resentencing these offenders. A district court may resentence such an offender to: • A term of life imprisonment with the possibility of parole after serving 40 years, less any earned time granted; or • 24 to 48 years in prison if, after considering certain factors, the district court finds extraordinary mitigating circumstances.

Year

2016

Current status

  • Governor Signed (06/10/2016)

Sponsors

D. Kagan / T. Dore / L. Woods / C. Jahn

Bill number

SB16-181

Position

Support