Colorado § 18-1.3-407.5 - Sentences - young adults - youthful offender system - definitions.

§ 18-1.3-407.5. Sentences - young adults - youthful offender system - definitions.

(1) (a) A young adult may be sentenced to the youthful offender system in the department of corrections in accordance with section 18-1.3-407, in the following circumstances:

(I) The young adult is convicted of a felony enumerated as a crime of violence pursuant to section 18-1.3-406;

(II) The young adult is convicted of a felony offense described in part 1 of article 12 of this title 18;

(III) The young adult used, or possessed and threatened the use of, a deadly weapon during the commission of a felony offense against a person, as set forth in article 3 of this title 18;

(IV) The young adult is convicted of vehicular homicide, as described in section 18-3-106; vehicular assault, as described in section 18-3-205; or felonious arson, as described in part 1 of article 4 of this title 18;

(V) The young adult is convicted of a felony offense described in section 18-1.3-401 as a class 3 felony, other than the felonies described in section 18-3-402 (1)(d) and section 18-3-403 (1)(e), as it existed prior to July 1, 2000, and has, within the two previous years, been adjudicated a juvenile delinquent for a delinquent act that would constitute a felony if committed by an adult; or

(VI) The young adult is convicted of a felony offense and is determined to have been a "repeat juvenile offender", as described in section 19-2.5-1125.

(b) The offenses described in subsection (1)(a) of this section include the attempt, conspiracy, or solicitation to commit the offenses.

(2) (a) Notwithstanding the circumstances described in subsection (1) of this section, a young adult is ineligible for sentencing to the youthful offender system if the young adult is convicted of any of the following:

(I) A class 1 or class 2 felony;

(II) A sexual offense described in section 18-6-301, section 18-6-302, or part 4 of article 3 of this title 18; or

(III) Any offense, if the young adult has received a sentence to the youthful offender system for a prior conviction.

(b) Notwithstanding subsection (2)(a) of this section, a young adult who is charged with first degree murder as described in section 18-3-102 (1)(b), as it existed prior to September 15, 2021, or murder in the second degree, as described in section 18-3-103 (1)(b), and pleads guilty to a class 2 felony as a result of a plea agreement is eligible for sentencing to the youthful offender system if the young adult would be eligible for sentencing to the youthful offender system for a conviction of the felony underlying the charge of first degree murder as described in section 18-3-102 (1)(b), as it existed prior to September 15, 2021, or murder in the second degree, as described in section 18-3-103 (1)(b).

(3) As used in this section, unless the context otherwise requires, a "young adult" means a person who is at least eighteen years of age but under twenty years of age at the time the crime is committed and under twenty-one years of age at the time of sentencing pursuant to this section.

Source: L. 2009: Entire section added, (HB 09-1122), ch. 77, p. 278, § 1, effective October 1. L. 2013: Entire section RC&RE, (SB 13-216), ch. 171, p. 617, § 1, effective May 10. L. 2021: (2)(b) amended, (SB 21-124), ch. 58, p. 238, § 5, effective September 15; (1)(a) and (1)(a)(VI) amended, (SB 21-059), ch. 136, p. 720, § 44, effective October 1. L. 2026: Entire section amended, (HB 26-1064), ch. 15, p. 75, § 6, effective August 12.

Editor's note: Prior to the recreation and reenactment of this section in 2013, subsection (4) provided for the repeal of this section, effective October 1, 2012. (See L. 2009, p. 278.)