2024 Colorado Revised Statutes
Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105)
CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002)
Article 13 - Special Proceedings (§§ 16-13-101 — 16-13-1002)
Part 10 - RESENTENCING HEARING FOR JUVENILE OFFENDERS SERVING LIFE SENTENCES (§§ 16-13-1001 — 16-13-1002)
Section 16-13-1002 - Resentencing hearing for persons serving life sentences without the possibility of parole as the result of a direct file or transfer

• (1) A person may petition the sentencing court for a resentencing hearing if the person was:
  • (a) A juvenile at the time of his or her offense;
  • (b) Convicted as an adult of a class 1 felony following direct filing of an information or indictment in the district court pursuant to section 19-2.5-801 or transfer of proceedings to the district court pursuant to section 19-2.5-802 or pursuant to either of these sections as they existed prior to their repeal and reenactment, with amendments, by House Bill 96-1005; and
  • (c) Sentenced to life imprisonment without the possibility of parole for an offense committed on or after July 1, 1990, and before July 1, 2006.

• (2) If a petition is filed pursuant to subsection (1) of this section, the sentencing court shall conduct a resentencing hearing and resentence the offender as described in section 18-1.3-401 (4)(c), C.R.S.

• (3) The provisions of sections 17-22.5-403 (2)(c) and 17-22.5-405 (1.2), C.R.S., take effect upon resentencing.

• (4) A petition filed under this section is not a motion under rule 35 (c) of the Colorado rules of criminal procedure.

Amended by 2021 Ch. 136, § 27, eff. 10/1/2021.

Added by 2016 Ch. 353, § 5, eff. 6/10/2016.

L. 2016: Entire part added, (SB 16-181), ch. 1451, p. 1451, § 5, effective June 10. L. 2021: IP(1) and (1)(b) amended, (SB 21-059), ch. 714, p. 714, § 27, effective October 1.