2022 Colorado Code
Title 18 - Criminal Code
Article 1.3 - Sentencing in Criminal Cases
Part 2 - Probation
§ 18-1.3-201. Application for Probation

1. 1. [ Editor's note: This version of subsection (1)(a) is effective until March 1, 2022.] A person who has been convicted of an offense, other than a class 1 felony or a class 2 petty offense, is eligible to apply to the court for probation.

      (1) (a) [ Editor's note: This version of subsection (1)(a) is effective March 1, 2022. ] A person who has been convicted of an offense, other than a class 1 felony or a civil infraction, is eligible to apply to the court for probation.

   2. Repealed.

2. 1. The provisions of this subsection (2) shall apply to any person whose application for probation is based on a conviction for a felony, which conviction occurred before May 25, 2010.
   2. A person who has been twice or more convicted of a felony under the laws of this state, any other state, or the United States prior to the conviction on which his or her application is based shall not be eligible for probation.
   3. Notwithstanding any other provision of law except the provisions of paragraph (c) of this subsection (2), a person who has been convicted of one or more felonies under the laws of this state, any other state, or the United States within ten years prior to a class 1, 2, or 3 felony conviction on which his or her application is based shall not be eligible for probation.
   4. Notwithstanding the provisions of paragraph (a.5) of this subsection (2) and subsection (4) of this section, an offender convicted of a violation of section 18-18-403.5 may be eligible for probation upon recommendation of the district attorney.
   5. Repealed.

   (2.1) Repealed.

   1. (2.5) (a) The provisions of this subsection (2.5) shall apply to any person whose application for probation is based on a conviction for a felony, which conviction occurred on or after May 25, 2010.
   2. Except as described in paragraph (a) of subsection (4) of this section, a person who has been twice or more convicted of a felony upon charges separately brought and tried and arising out of separate and distinct criminal episodes under the laws of this state, any other state, or the United States prior to the conviction on which his or her application is based shall not be eligible for probation if the current conviction or a prior conviction is for:
      1. First or second degree murder, as described in section 18-3-102 or 18-3-103;
      2. Manslaughter, as described in section 18-3-104;
      3. First or second degree assault, as described in section 18-3-202 or 18-3-203;
      4. First or second degree kidnapping, as described in section 18-3-301 or 18-3-302;
      5. A sexual offense as described in part 4 of article 3 of this title;
      6. First degree arson, as described in section 18-4-102;
      7. First or second degree burglary, as described in section 18-4-202 or 18-4-203;
      8. Robbery, as described in section 18-4-301;
      9. Aggravated robbery, as described in section 18-4-302 or 18-4-303;
      10. Theft from the person of another, as described in section 18-4-401 (5);
      11. Any felony offense committed against a child, as described in article 3, 6, or 7 of this title; or
      12. Any criminal attempt or conspiracy to commit any of the offenses specified in this paragraph (b).

   3. Failure to register as a sex offender, as described in section 18-3-412.5, shall not constitute a sexual offense for the purposes of subparagraph (V) of paragraph (b) of this subsection (2.5).

3. An application for probation shall be in writing upon forms furnished by the court, but, when the defendant has been convicted of a misdemeanor or any petty offense, the court, in its discretion, may waive the written application for probation.
4. 1. 1. The restrictions upon eligibility for probation in subsections (2) and (2.5) of this section may be waived by the sentencing court regarding a particular defendant upon recommendation of the district attorney approved by an order of the sentencing court. (4) (a) (I) The restrictions upon eligibility for probation in subsections (2) and (2.5) of this section may be waived by the sentencing court regarding a particular defendant upon recommendation of the district attorney approved by an order of the sentencing court.
      2. Repealed.

   2. Upon entry of an order pursuant to this subsection (4) regarding a particular defendant, such defendant shall be deemed to be eligible to apply to the court for probation pursuant to this section.

5. For purposes of paragraph (a.5) of subsection (2) of this section and paragraph (a) of subsection (2.5) of this section, "conviction" means a verdict of guilty or the entry of a plea of guilty or nolo contendere. "Conviction" does not include a plea to a deferred judgment and sentence pursuant to section 18-1.3-102 until the deferred judgment and sentence is revoked.

Source: L. 2002: Entire article added with relocations, p. 1375, § 2, effective October 1. L. 2003: (2) amended and (2.1) added, p. 2689, § 7, effective July 1. L. 2007: (2)(d) and (2.1) repealed, p. 1689, § 10, effective July 1. L. 2010: (1)(b) and (4)(a)(II) repealed, (2) and (4)(a)(I) amended, and (2.5) added, (HB 10-1338), ch. 257, pp. 1147, 1145, §§ 2, 1, effective May 25; (2)(c) amended, (HB 10-1352), ch. 259, p. 1173, § 16, effective August 11. L. 2012: (5) added, (HB 12-1310), ch. 268, p. 1396, § 12, effective June 7. L. 2013: (3) amended, (SB 13-250), ch. 333, p. 1935, § 54, effective October 1. L. 2021: (1)(a) amended, (SB 21-271), ch. 462, p. 3169, § 183, effective March 1, 2022.

1. This section is similar to former § 16-11-201 as it existed prior to 2002.
2. Amendments to subsection (2)(c) by House Bill 10-1338 and House Bill 10-1352 were harmonized.
3. Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.

Cross references: (1) For procedures relevant to application for probation, see Crim. P. 32.

(2) For the legislative intent contained in the 2003 act amending subsection (2) and enacting subsection (2.1), see section 1 of chapter 424, Session Laws of Colorado 2003.