When a person is convicted of a class 1 felony, the punishment for which is death, and the convicted person is sentenced to suffer the penalty of death, the judge passing such sentence shall appoint and designate in the warrant of conviction a week of time within which the sentence must be executed; the end of such week so appointed shall be not fewer than ninety-one days nor more than one hundred twenty-six days from the day of passing the sentence. Said warrant shall be directed to the executive director of the department of corrections or the executive director's designee commanding said executive director or designee to execute the sentence imposed upon some day within the week of time designated in the warrant and shall be delivered to the sheriff of the county in which such conviction is had, who, within three days thereafter, shall proceed to the correctional facilities at Cañon City and deliver the convicted person, together with the warrant, to said executive director or designee, who shall keep the convict in confinement until execution of the death penalty. Persons shall be permitted access to the inmate pursuant to prison rules. Such rules shall provide, at a minimum, for the inmate's attendants, counsel, and physician, a spiritual adviser selected by the inmate, and members of the inmate's family to have access to the inmate.
Source: L. 2002: Entire article added with relocations, p. 1453, § 2, effective October 1. L. 2002, 3rd Ex. Sess.: Entire section amended, p. 14, § 4, effective October 1. L. 2012: Entire section amended, (SB 12-175), ch. 208, p. 869, § 122, effective July 1.
Editor's note: This section is similar to former § 16-11-403 as it existed prior to 2002.
Cross references: For the legislative declaration contained in the 2002 act amending this section, see section 16 of chapter 1 of the supplement to the Session Laws of Colorado 2002, Third Extraordinary Session.
Structure Colorado Code
Article 1.3 - Sentencing in Criminal Cases
Part 12 - Special Proceedings - Sentencing in Class 1 Felonies
§ 18-1.3-1201. Imposition of Sentence in Class 1 Felonies - Appellate Review - Applicability
§ 18-1.3-1202. Death Penalty Inflicted by Lethal Injection
§ 18-1.3-1203. Genetic Testing Prior to Execution
§ 18-1.3-1204. Implements - Sentence Executed by Executive Director
§ 18-1.3-1205. Week of Execution - Warrant