Colorado § 16-17-102 - Application - character certificate - pardons.

§ 16-17-102. Application - character certificate - pardons.

(1) After a conviction, all applications for commutation of sentence or pardon for crimes committed must be accompanied by a certificate of the respective superintendent of the correctional facility, showing the conduct of an applicant during the applicant's confinement in the correctional facility, together with such evidences of former good character as the applicant is able to produce. Before the governor approves such application, it must be first submitted to the present district attorney of the district in which the applicant was convicted and to the judge who sentenced and the attorney who prosecuted at the trial of the applicant, if available, for such comment as they may deem proper concerning the merits of the application, so as to provide the governor with information upon which to base the governor's action. The governor shall make reasonable efforts to locate the judge who sentenced and the attorney who prosecuted at the trial of the applicant and shall afford them a reasonable time, not less than fourteen days, to comment on such applications. The requirements of this section are deemed to have been met if the persons to whom the application is submitted for comment do not comment within fourteen days after their receipt of the application or within such other reasonable time in excess of fourteen days as specified by the governor, or if the sentencing judge or prosecuting attorney cannot be located, are incapacitated, or are otherwise unavailable for comment despite the good-faith efforts of the governor to obtain their comments. Good character previous to conviction, good conduct during confinement in the correctional facility, the statements of the sentencing judge and the district attorneys, if any, and any other material concerning the merits of the application must be given such weight as seems just and proper to the governor, in view of the circumstances of each particular case, with due regard for the reformation of the accused. The governor has sole discretion in evaluating said comments and in soliciting other comments the governor deems appropriate.

(2) The governor may grant pardons to a class of defendants who were convicted of the possession of up to two ounces of marijuana or possession of natural medicine as defined in section 44-50-103 (13). The requirements of subsection (1) of this section do not apply to defendants who were convicted of the possession of up to two ounces of marijuana or possession of natural medicine as defined in section 44-50-103 (13), but the governor may make any inquiry as deemed appropriate to seek any relevant information necessary from any person or agency to reach an informed decision.

Source: L. 1879: p. 63, § 1. G.S. § 1000. R.S. 08: § 2044. C.L. § 810. CSA: C. 131, § 118. CRS 53: § 105-6-2. C.R.S. 1963: § 105-6-2. L. 76: Entire section amended, p. 533, § 12, effective April 9. L. 77: Entire section amended, p. 892, § 1, effective June 3. L. 79: Entire section amended, p. 676, § 1, effective July 1; entire section amended, p. 684, § 20, effective July 1. L. 2012: Entire section amended, (SB 12-175), ch. 208, p. 859, § 95, effective July 1. L. 2020: Entire section amended, (HB 20-1424), ch. 184, p. 848, § 13, effective September 14. L. 2025: (2) amended, (SB 25-297), ch. 381, p. 2123, § 7, effective June 3.

ANNOTATION

Purported pardon not issued in compliance with procedures required by this section is invalid. People ex rel. Garrison v. Lamm, 622 P.2d 87 (Colo. App. 1980).

Colorado law does not recognize the existence of "implied pardons". People v. Wood, 999 P.2d 227 (Colo. App. 2000).