Colorado § 17-40-103 - Examination of offenders - report.

§ 17-40-103. Examination of offenders - report.

(1) As soon as possible after July 1, 1974, each offender entering the diagnostic center shall receive appropriate diagnostic services, and each offender's treatment and employment needs shall be identified. Information provided pursuant to section 17-40-104 shall be considered in structuring the rehabilitation program. An offender shall be assigned to the assessment program for a period not to exceed sixty days; except that an offender may be held for an additional thirty days upon approval of the executive director. Upon completion of the recommended rehabilitation report, it shall be transmitted by the superintendent to the executive director, who, within fifteen days, shall cause the offender to be:

(a) Assigned to a correctional institution or to a program established pursuant to article 27.7 of this title, unless otherwise prohibited by law, based upon the examination and study of the offender; or

(b) Upon order of the court, returned to the court for the purpose of granting probation or other modification of sentence.

(2) A copy of the recommended rehabilitation report shall be shown and explained to the offender upon request; except that the executive director may withhold any information he deems to be detrimental to the rehabilitation of the offender.

(3) Nothing in this section shall be construed to restrict or deny the power of the court to grant an application for postconviction review pursuant to section 18-1-410, C.R.S.

Source: L. 77: Entire title R&RE, p. 948, § 10, effective August 1. L. 78: IP(1) amended, p. 357, § 5, effective April 27. L. 90: (1)(a) amended, p. 965, § 3, effective June 7. L. 94: IP(1) amended, p. 605, § 13, effective July 1. L. 97: IP(1) amended, p. 27, § 4, effective March 20.

Editor's note: This section is similar to former § 27-40-103 as it existed prior to 1977.

Cross references: For the requirement that sentenced persons be confined in the diagnostic center, see § 16-11-308 (2).

ANNOTATION

The legislative intent of this section is to give the executive director of the department of corrections ultimate responsibility for placing of inmates in particular facilities. Thus, the court could recommend sentencing to an out-of-state facility, but it could not order such placement. People v. Brack, 821 P.2d 928 (Colo. App. 1991).

Diagnostic evaluation report may be used for possible reconsideration of sentence. People v. District Court, 636 P.2d 689 (Colo. 1981).

Applied in Ramos v. Lamm, 485 F. Supp. 122 (D. Colo. 1979).