Colorado § 18-1.3-910 - Termination of proceedings.

§ 18-1.3-910. Termination of proceedings.

After reviewing the reports of the psychiatrists and the probation officer, the court may terminate proceedings under this part 9 and proceed with sentencing as otherwise provided by law.

Source: L. 2002: Entire article added with relocations, p. 1432, § 2, effective October 1.

Editor's note: This section is similar to former § 16-13-209 as it existed prior to 2002.

ANNOTATION

Annotator's note. Since § 18-1.3-910 is similar to § 16-13-209 as it existed prior to the 2002 relocation of certain criminal sentencing provisions, relevant cases construing those provisions have been included in the annotations to this section.

Sentencing alternative does not involve a constitutional right. From the wording of the sex offenders act, it appears that a defendant may require the commencement of a hearing. However, the matter of whether there should be sentencing under the act is an alternative which may be granted or denied by the court, once the psychiatrist's and probation officer's reports have been filed and reviewed. This being a sentencing alternative, a constitutional right is not attained. People v. Breazeale, 190 Colo. 17, 544 P.2d 970 (1975).

There is no constitutional or statutory right to be sentenced under the sex offenders act. People v. Medina, 193 Colo. 190, 564 P.2d 119 (1977).

Termination of proceedings did not violate legislative intent. Where the court did not continue with proceedings under the sex offenders act, including the holding of a hearing, legislative intent was not violated. People v. Breazeale, 190 Colo. 17, 544 P.2d 970 (1975).

The provisions of this act vest the trial court with discretion to commit a defendant under an alternate sentence. People v. Breazeale, 190 Colo. 17, 544 P.2d 970 (1975).

Imposition of an indeterminate sentence under the act is totally within the discretion of the trial court. People v. Medina, 193 Colo. 190, 564 P.2d 119 (1977).

Finding not requiring sentencing under act. A finding by the court "that the defendant, if at large, constitutes a threat of bodily harm to members of the public" does not require a person to be sentenced under the act if the court makes such a finding. People v. Breazeale, 190 Colo. 17, 544 P.2d 970 (1975).