Many felony sexual charges in Colorado require an indeterminate sentence under Colorado Revised Statute 18-1.3-1004. Sometimes an indeterminate sentence can be served on probation or parole, but often it means an indeterminate prison sentence.
A person who receives an indeterminate sentence in Colorado could be put in prison or on parole for the rest of their natural born life. This means an indeterminate sentence can be a life sentence in Colorado.
Colorado’s indeterminate sentencing statutes mean that the judge will not impose a release date at the time of sentencing. The judge with impose a sentencing range that will include a minimum number of days, months, or weeks to be served based with the maximum sentence being a life sentence.
EXAMPLES OF INDETERMINATE SENTENCES
Two years in prison, up to the rest of your natural life. If a person received a two-year indeterminate sentence, they will spend two years in the Department of Corrections before they are eligible for parole. After two years, the parole board will determine whether the person should be released. Under Colorado’s Lifetime Supervision of Sex Offenders Act, C.R.S. 18-1.3-1004(1)(a), there is no mandatory release date for someone serving an indeterminate sentence.
Ten years of probation to life. A person sentenced to 10-years of indeterminate probation will have to serve the minimum term of probation before a sentencing court will be permitted to terminate his probation. That person could be supervised by the Court for the rest of his life.
Even if a prison sentence isn’t immediately imposed, it is always a potential outcome if you are convicted of any of the following “sex offenses” under C.R.S. 18-1.3-1003(5)(a):
Sexual assault – C.R.S. 18-3-402
Sexual assault in the first degree – C.R.S. 18-3-402
Felony unlawful sexual contact – 18-3-404(2)
Felony sexual assault in the third degree – 18-3-404(2), if committed prior to July 1, 2000
Sexual assault on a child – C.R.S. 18-3-405
Sexual assault on a child (position of trust) – C.R.S. 18-3-405.3
Sexual assault by a psychotherapist – C.R.S. 18-3-405.5
Enticement of a child – C.R.S. 18-3-305
Incest – C.R.S. 18-6-301
Aggravated incest – C.R.S. 18-6-302
Patronizing a child prostitute – C.R.S. 18-7-406
Internet luring of a child – C.R.S. 18-3-306(3)
Sexual exploitation of a child – C.R.S. 18-3-405.4
Unlawful sexual contact by a peace officer – C.R.S. 18-3-405.4
WHO DETERMINES WHETHER TO IMPOSE AN INDETERMINATE SENTENCE
In Colorado, the legislature determines who receives an indeterminate sentence. The judge is bound by the Sex Offender Lifetime Supervision Act. If a defendant pleads guilty to a charge that requires an indeterminate sentence, the judge must impose one. However, the prosecutor has control over which charges to file and which charges to plea bargain, so they have the ability to dismiss an indeterminate charge or allow someone to plead guilty to a determinate charge.
CAN A PERSON RECEIVE AN INDETERMINATE PROBATION SENTENCE?
C.R.S. 18-1.3-1004(2)(a) gives the courts the authority to sentence people to probation for indeterminate periods of time. Any person sentenced to indeterminate probation for a class 4 felony will be on probation for a minimum of 10 years. Any person sentenced to indeterminate probation for a class 2 or 3 felony will be on probation for a minimum of 20 years.
CONSPIRACY, ATTEMPT AND SOLICITATION
A person who conspires, attempt to commit, or solicits someone else to commit a sex offense could be could receive an indeterminate sentence. They will also be charged as a sex offender and could face an indeterminate sentence.
THE POLICY BEHIND INDETERMINATE SENTENCING FOR SEX CRIMES IN COLORADO
In 1998, Colorado created the Sex Offender Lifetime Supervision Act. The general assembly created this Act because they believed that the majority of people who commit sex offenses will continue to present a danger to the public when they are released from prison, probation or parole if they don’t receive ongoing treatment.
CAN YOU GET AN INDETERMINATE SENTENCE ON A MISDEMEANOR
No. In Colorado, you cannot receive an indeterminate sentence on a misdemeanor, regardless of the crime being charged.
