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Colorado Senate Bill 2013-250

Colorado Senate Bill 2013-250

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Published by Medicinal Colorado
rewriting the Colorado Controlled Substances Act
rewriting the Colorado Controlled Substances Act

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Published by: Medicinal Colorado on May 19, 2013
Copyright:Attribution Non-commercial

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09/19/2013

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SENATE BILL 13-250BY SENATOR(S) Steadman and King, Aguilar, Guzman, Newell, Ulibarri,Kefalas, Tochtrop;also REPRESENTATIVE(S) Levy and DelGrosso, Gerou, Hullinghorst,Kagan, Labuda, Lawrence, Melton, Rosenthal, Schafer, Singer, Vigil,Young.C
ONCERNING CHANGES TO SENTENCING OF PERSONS CONVICTED OF DRUGCRIMES
,
AND
,
IN CONNECTION THEREWITH
,
MAKING ANAPPROPRIATION
. 
 Be it enacted by the General Assembly of the State of Colorado:
SECTION 1.
In Colorado Revised Statutes,
add
18-1.3-103.5 asfollows:
18-1.3-103.5. Felony convictions - vacate and enter conviction onmisdemeanor after successful completion.
(1) I
 N ORDER TO EXPANDOPPORTUNITIES FOR OFFENDERS TO AVOID A DRUG FELONY CONVICTION
,
TOREDUCE THE SIGNIFICANT NEGATIVE CONSEQUENCES OF THAT FELONYCONVICTION
,
AND TO PROVIDE POSITIVE REINFORCEMENT FOR DRUGOFFENDERS WHO WORK TO SUCCESSFULLY COMPLETE ANYCOMMUNITY
-
BASED SENTENCE IMPOSED BY THE COURT
,
THE LEGISLATUREHEREBY CREATES AN ADDITIONAL OPPORTUNITY FOR THOSE DRUG
NOTE: This bill has been prepared for the signatures of the appropriate legislativeofficers and the Governor. To determine whether the Governor has signed the billor taken other action on it, please consult the legislative status sheet, the legislativehistory, or the Session Laws.
 ________ 
Capital letters indicate new material added to existing statutes; dashes through words indicatedeletions from existing statutes and such material not part of act.
 
OFFENDERS WHO MAY NOT OTHERWISE HAVE BEEN ELIGIBLE FOR OR SUCCESSFUL IN OTHER STATUTORILY CREATED PROGRAMS THAT ALLOW THEDRUG OFFENDER TO AVOID A FELONY CONVICTION
,
SUCH AS DIVERSION OR DEFERRED JUDGMENT
.(2) (a) I
 N A CASE IN WHICH THE DEFENDANT ENTERS A PLEA OFGUILTY OR IS FOUND GUILTY BY THE COURT OR A JURY FOR A CRIME LISTEDIN SUBSECTION
(3)
OF THIS SECTION
,
THE COURT SHALL ORDER 
,
UPONSUCCESSFUL COMPLETION OF ANY COMMUNITY
-
BASED SENTENCE TOPROBATION OR TO A COMMUNITY CORRECTIONS PROGRAM
,
THE FELONYCONVICTION VACATED AND SHALL ENTER A CONVICTION FOR A LEVEL
1
MISDEMEANOR DRUG OFFENSE OF POSSESSION OF A CONTROLLED SUBSTANCEPURSUANT TO SECTION
18-18-403.5.
 
U
PON ENTRY OF THE JUDGMENT OFCONVICTION PURSUANT TO SECTION
18-18-403.5,
THE COURT SHALLINDICATE IN ITS ORDER THAT THE JUDGMENT OF CONVICTION IS ENTEREDPURSUANT TO THE PROVISIONS OF THIS SECTION
.(b) W
HETHER A SENTENCE IS SUCCESSFULLY COMPLETED SHALL BEDETERMINED BY THE COURT WITHOUT A JURY WITH NOTICE TO THE DISTRICTATTORNEY AND THE DEFENDANT OR THE DEFENDANT
'
S ATTORNEY OFRECORD
.
 
A
COMMUNITY
-
BASED SENTENCE IS NOT SUCCESSFULLYCOMPLETED IF THE DEFENDANT HAS NOT SUCCESSFULLY COMPLETED THETREATMENT AS ORDERED BY THE COURT AND DETERMINED APPROPRIATE TOADDRESS THE DEFENDANT
'
S TREATMENT NEEDS
.(3) T
HIS SECTION APPLIES TO CONVICTIONS FOR THE FOLLOWINGOFFENSES
:(a) P
OSSESSION OF A CONTROLLED SUBSTANCE
;
BUT ONLY WHEN THEQUANTITY OF THE CONTROLLED SUBSTANCE IS NOT MORE THAN FOUR GRAMSOF A SCHEDULE
I
OR SCHEDULE
II
CONTROLLED SUBSTANCE
,
NOT MORE THANTWO GRAMS OF METHAMPHETAMINE
,
HEROIN
,
KETAMINE
,
OR CATHINONE
,
OR  NOT MORE THAN FOUR MILLIGRAMS OF FLUNITRAZEPAM
.
 
T
HE DISTRICTATTORNEY AND DEFENDANT MAY STIPULATE TO THE AMOUNT OF THECONTROLLED SUBSTANCE POSSESSED BY THE DEFENDANT AT THE TIME OFSENTENCING
,
OR THE COURT SHALL DETERMINE THE AMOUNT AT THE TIMEOF SENTENCING
.(b) A
LEVEL
4
DRUG FELONY FOR DISTRIBUTION PURSUANT TO THEPROVISIONS OF SECTION
18-18-405
 
(2) (c) (II);PAGE 2-SENATE BILL 13-250
 
(c) P
OSSESSION OF TWELVE OUNCES OR MORE OF MARIJUANA OR THREE OUNCES OR MORE OF MARIJUANA CONCENTRATE
;
OR 
(d) A
VIOLATION OF SECTION
18-18-415.(4) N
OTWITHSTANDING ANY PROVISION OF THIS SECTION TO THECONTRARY
,
A DEFENDANT IS NOT ELIGIBLE FOR RELIEF UNDER THIS SECTIONIF
:(a) T
HE DEFENDANT HAS A PRIOR CONVICTION FOR A CRIME OFVIOLENCE AS DESCRIBED IN SECTION
18-1.3-406
OR A PRIOR CONVICTION FOR AN OFFENSE THAT IS REQUIRED TO BE SENTENCED PURSUANT TO THEPROVISIONS OF SECTION
18-1.3-406
IN THIS STATE
,
OR A CRIME IN ANOTHER STATE
,
THE
U
 NITED
S
TATES
,
OR ANY TERRITORY SUBJECT TO THEJURISDICTION OF THE
U
 NITED
S
TATES THAT WOULD BE A CRIME OF VIOLENCEOR ANY OFFENSE REQUIRED TO BE SENTENCED PURSUANT TO THE PROVISIONSOF SECTION
18-1.3-406
IN THIS STATE
;(b) T
HE DEFENDANT IS INELIGIBLE FOR PROBATION PURSUANT TOSECTION
18-1.3-201;
OR 
(c) (I) T
HE DEFENDANT HAS TWO OR MORE PRIOR FELONYCONVICTIONS FOR A DRUG OFFENSE PURSUANT TO THIS ARTICLE
,
OR A CRIMEIN ANOTHER STATE
,
THE
U
 NITED
S
TATES
,
OR ANY TERRITORY SUBJECT TOTHE JURISDICTION OF THE
U
 NITED
S
TATES THAT WOULD BE A DRUG OFFENSEVIOLATION OF THIS ARTICLE
.(II) F
OR PURPOSES OF THIS PARAGRAPH
(c),
A PRIOR DRUG FELONYCONVICTION INCLUDES ANY PRIOR DIVERSION
,
DEFERRED PROSECUTION
,
OR DEFERRED JUDGMENT AND SENTENCE FOR FELONY OR ANY FELONY OFFENSEFOR WHICH RELIEF WAS PREVIOUSLY GRANTED PURSUANT TO THIS SECTIONOR ANY MISDEMEANOR DRUG CONVICTION THAT WAS ORIGINALLY CHARGEDAS A DRUG FELONY OFFENSE
.
SECTION 2.
In Colorado Revised Statutes,
add
18-1.3-104.5 asfollows:
18-1.3-104.5. Alternatives in imposition of sentence in drugfelony cases - exhaustion of remedies.
(1) T
HE GENERAL ASSEMBLY FINDSTHAT IT IS ESSENTIAL IN CERTAIN LEVEL
4
DRUG FELONY CASES THAT THE
PAGE 3-SENATE BILL 13-250

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