Colorado Rights Blog

SB18-037: Sentences For Habitual Criminals

Criminal Legal Reform
Bill Number: SB18-037
Year: 2018
ACLU Position: Support
Sponsors: D. Kagan


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

Current Status:

Senate Committee on Judiciary Postpone Indefinitely (02/12/2018)
Introduced In Senate - Assigned to Judiciary (01/10/2018)

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