(II.5) Except as provided in subsection (1)(a)(II.7) of this section, if the defendant is convicted on or after July 1, 2018, the report described in subsection (1)(a)(I) of this section must include the following statement:
(II.7) The report described in subsection (1)(a)(I) of this section need not include the statement described in subsection (1)(a)(II.5) of this section if the defendant:
(A) If the offense is a misdemeanor pursuant to the provisions of section 18-3-412.6, C.R.S., an evaluation and identification conducted pursuant to article 11.7 of this title shall not be ordered by the court;
(B) If the offense is a misdemeanor pursuant to title 42, C.R.S., or the history of sex-offending behavior was a misdemeanor sex offense committed when the defendant was a juvenile, an evaluation and identification conducted pursuant to article 11.7 of this title is not required but may be ordered by the court; and
(C) If the court accepts a stipulation that the defendant will not be sentenced to probation or if the defendant is already serving a sentence in the department of corrections, an evaluation and identification conducted pursuant to article 11.7 of this title is not required but may be ordered by the court.
(1.1) Repealed.
(1.5) A victim impact statement may include the following:
(1.7) Each presentence report shall also include information from the offender and any other source available to the probation officer regarding the offender's estate, as defined in section 18-1.3-701 (5)(b), C.R.S., and other pertinent financial information, for the purpose of determining whether such offender or juvenile has sufficient assets to pay all or part of such offender's or juvenile's cost of care, as defined in section 18-1.3-701 (5)(a), C.R.S. The financial information obtained from the offender shall be submitted in writing and under oath.
(1.8) At the request of either the prosecution or the defense, each presentence report prepared regarding a youthful offender, as defined in section 18-1.3-407, who is eligible for sentencing to the youthful offender system pursuant to section 18-1.3-407.5, 19-2.5-801 (5), or 19-2.5-802 (1)(d)(I)(B) must include a determination by the warden of the youthful offender system whether the youthful offender is acceptable for sentencing to the youthful offender system. When making a determination, the warden shall consider the nature and circumstances of the crime, the circumstances and criminal history of the youthful offender, the available bed space in the youthful offender system, and any other appropriate considerations.
(1.9) Each presentence report must also:
"If the defendant is sentenced to the Department of Corrections, he or she may not serve his or her entire sentence in prison but may be released to community corrections or parole. The defendant's Parole Eligibility Date (PED) occurs after he or she has served fifty or seventy-five percent of his or her sentence, as provided in section 17-22.5-403, Colorado Revised Statutes, less any authorized earned time. If the defendant is sentenced to the Department of Corrections, he or she may be eligible for a reduction in the length of his or her sentence by earned time. Regular earned time is up to ten or twelve days per month, not to exceed thirty percent of the defendant's sentence; however, the defendant may be eligible for further limited reductions through the application of various types of earned time provided in statute and administered pursuant to the policy of the Department of Corrections. If the defendant is sentenced to the Department of Corrections, he or she may be eligible for release, to await parole in a community corrections facility, if such release is approved by the local community corrections board. If the defendant was not convicted of a crime of violence, as defined in section 18-1.3-406 (2), Colorado Revised Statutes, he or she may be moved to a community corrections placement as early as sixteen months prior to his or her PED. If the defendant was convicted of a crime of violence, he or she cannot be moved to a community corrections placement earlier than one hundred eighty days prior to his or her PED. A defendant's eligibility for community corrections or parole does not necessarily mean that community corrections or parole will be granted. The inmate locator on the internet website of the Department of Corrections can provide additional information regarding the sentence of an individual defendant. The provisions of this statement do not apply to a defendant who has been sentenced to the youthful offender system within the Department of Corrections."
Each defendant may, at the time of conviction or at any time thereafter, apply to the court for an order of collateral relief of the consequences of the defendant's conviction pursuant to the provisions of section 18-1.3-107, Colorado Revised Statutes.
Source: L. 72: R&RE, p. 240, § 1. C.R.S. 1963: § 39-11-102. L. 77: (1) and (5) amended, p. 862, § 3, effective July 1, 1979. L. 81: (6) added, p. 950, § 2, effective May 27; (1) and (4) amended, p. 941, § 1, effective July 1. L. 84: (1) and (4) amended and (1.5) added, p. 651, § 1, effective January 1, 1985. L. 86: (1) amended, p. 733, § 2, effective July 1. L. 88: (1) amended, p. 680, § 2, effective July 1. L. 89: (1) amended, p. 862, § 3, effective February 26. L. 89, 1st Ex. Sess.: (1.1) added, p. 76, § 2, effective July 1. L. 91: (1) amended, p. 436, § 1, effective May 29. L. 92: (1) amended, p. 454, § 1, effective June 2. L. 94: (1)(a) amended, p. 2650, § 123, effective July 1; (1.1) repealed and (1.7) added, pp. 1362, 1356, §§ 5, 1, effective July 1; (1.5)(b) amended, p. 1050, § 5, effective July 1; (1.5)(e.5) added, p. 2036, § 16, effective July 1. L. 95: (1)(b) amended, p. 465, § 11, effective July 1. L. 96: (4) amended, p. 1778, § 3, effective June 3. L. 98: (4) amended, p. 519, § 6, effective April 30. L. 99: (1)(a) amended, p. 315, § 3, effective July 1. L. 2000: (1)(a) and (4) amended, p. 1045, § 7, effective September 1. L. 2001: (4) amended, p. 1271, § 20, effective June 5. L. 2002: (1)(c) added, p. 573, § 1, effective May 24; (1)(a) amended, p. 1182, § 9, effective July 1; (1.7), (4), (5), and (6) amended, p. 1494, § 141, effective October 1. L. 2007: (1)(b) amended, p. 253, § 1, effective March 26. L. 2009: (1.8) added, (HB 09-1122), ch. 77, p. 279, § 2, effective October 1. L. 2010: (1.8) amended, (HB 10-1413), ch. 264, p. 1204, § 3, effective August 11. L. 2011: (1)(b) amended, (HB 11-1138), ch. 236, p. 1027, § 8, effective May 27; (1.9) added, (HB 11-1180), ch. 96, p. 282, § 2, effective August 10. L. 2012: (1)(b) amended, (HB 12-1310), ch. 268, p. 1395, § 9, effective June 7; (1)(b) amended, (HB 12-1346), ch. 220, p. 946, § 7, effective July 1. L. 2013: (1)(a) and (1)(b) amended, (SB 13-229), ch. 272, p. 1427, § 4, effective July 1. L. 2015: (1)(a) amended, (HB 15-1042), ch. 119, p. 361, § 1, effective August 5. L. 2017: (1)(c) amended, (SB 17-242), ch. 263, p. 1297, § 120, effective May 25; IP(1.9) amended and (1.9)(b.5) added, (HB 17-1039), ch. 58, p. 182, § 2, effective August 9. L. 2018: (1)(a)(II.5) and (1)(a)(II.7) amended, (HB 18-1344), ch. 259, p. 1590, § 3, effective July 1. L. 2021: (1.8) amended, (HB 21-1091), ch. 175, p. 955, § 2, effective May 24; (1.8) amended, (SB 21-059), ch. 136, p. 713, § 24, effective October 1; (1.8) amended, (HB 21-1091), ch. 175, p. 957, § 5, effective October 1.
Cross references: For the legislative declaration contained in the 1994 act amending subsection (1)(a), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration contained in the 2002 act amending subsections (1.7), (4), (5), and (6), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.