(I) [ Editor's note: This version of subsection (5)(a)(I) is effective March 1, 2022. ] Imprisonment in the county jail for at least ten consecutive days but no more than one year; except that the court shall have discretion to employ the sentencing alternatives described in section 18-1.3-106. During the mandatory ten-day period of imprisonment, the person is not eligible for deductions of the person's sentence pursuant to section 17-26-109, or for trusty prisoner status pursuant to section 17-26-109 (1)(b); except that the person receives credit for any time that the person served in custody for the violation prior to the person's conviction.
(I) [ Editor's note: This version of the introductory portion to subsection (6)(a)(I) is effective March 1, 2022. ] Imprisonment in the county jail for at least sixty consecutive days but no more than one year. During the mandatory sixty-day period of imprisonment, the person is not eligible for deductions of the person's sentence pursuant to section 17-26-109, or for trusty prisoner status pursuant to section 17-26-109 (1)(b); except that a person receives credit for any time that the person served in custody for the violation prior to the person's conviction. During the mandatory period of imprisonment, the court does not have discretion to employ any sentencing alternatives described in section 18-1.3-106; except that the person may participate in a work release program pursuant to section 18-1.3-106 (1)(a)(II), (1)(a)(III), (1)(a)(III.5), (1)(a)(IV), or (1)(a)(V), or community corrections placement pursuant to section 18-1.3-301 (4)(a) or (4)(b), only if the program is available through the county in which the person is imprisoned and only for the purpose of:
(A) [ Editor's note: This version of subsection (6)(a)(I)(A) is effective March 1, 2022. ] Continuing work that the person held at the time of sentencing for said violation;
(I.5) [ Editor's note: Subsection (6)(a)(I.5) is effective March 1, 2022. ] In a jurisdiction that does not have a work release program or other reasonable substitution for a work release program, such as an alternative sentence served in community corrections pursuant to the provisions of section 18-1.3-301 (4)(a) or (4)(b), the court may sentence the offender to home detention as provided in section 18-1.3-106 but only if the court finds that an alternative sentence of home detention is necessary to address the individual circumstances of the case and fulfill the statutory purposes of sentencing as provided in section 18-1-102.5, and when a sentence to home detention will not undermine the seriousness of the offense.
(6.5) Felony offenses.
(I) [ Editor's note: This version of subsection (6.5)(b)(I) is effective March 1, 2022. ] Require the defendant to serve at least ninety days but not more than one hundred eighty days imprisonment in the county jail. During the mandatory ninety-day period of imprisonment, the defendant is not eligible for deductions of his or her sentence pursuant to section 17-26-109 or for trusty prisoner status pursuant to section 17-26-109 (1)(b); except that a defendant receives credit for any time that he or she served in custody for the violation prior to his or her conviction. During this mandatory period of imprisonment, the court does not have discretion to employ any sentencing alternatives described in section 18-1.3-106.
(II) [ Editor's note: This version of subsection (6.5)(b)(II) is effective March 1, 2022. ] Require the defendant to serve at least one hundred twenty days but not more than two years of imprisonment in the county jail through participation in a program pursuant to section 18-1.3-106 (1)(a)(II) or (1)(a)(IV) if the program is available through the county in which the defendant is imprisoned and only for the purposes of continuing a position of employment that the defendant held at the time of sentencing for the violation or for continuing attendance at an educational institution at which the defendant was enrolled at the time of sentencing for the violation. During the mandatory one-hundred-twenty-day period of imprisonment, the defendant is not eligible for deductions of his or her sentence pursuant to section 17-26-109 or for trusty prisoner status pursuant to section 17-26-109 (1)(b); except that a defendant receives credit for any time that he or she served in custody for the violation prior to his or her conviction. During this mandatory period of imprisonment, the court does not have discretion to employ any other sentencing alternatives described in section 18-1.3-106; except that a court may grant permission for a defendant to leave the jail to obtain medical treatment, pursuant to section 18-1.3-106 (1)(a)(V).
(6.7) [ Editor's note: Subsection (6.7) is effective March 1, 2022. ] Notwithstanding any other provisions of this section, if a judge finds there are exceptional circumstances which would make incarceration in a jail a substantial and imminent risk to the health or safety of an offender, or, when so advised by the sheriff, to the health, safety, or security of the jail operations or persons in the jail, the court shall make findings on the record of the exceptional circumstances and may employ any alternative sentences, including home detention. If an offender requests the court find exceptional circumstances based on the risk to the offender's health or safety, the offender shall expressly waive any confidentiality as to the medical or other health information that establishes the basis for the exceptional circumstances.
(a) The court shall impose a sentence to one year of imprisonment in the county jail, which sentence shall be suspended, and against which sentence the person shall not receive credit for any period of imprisonment to which he or she is sentenced pursuant to subparagraph (I) of paragraph (a) of subsection (5) of this section or subparagraph (I) of paragraph (a) of subsection (6) of this section;
(10.5) The costs and surcharges described in subsection (10) of this section do not apply to a person under the jurisdiction of the juvenile court, as defined in section 19-1-103, or the person's parent, guardian, or legal custodian.
Source: L. 2010: Entire section added, (HB 10-1347), ch. 258, p. 1149, § 2, effective July 1. L. 2011: (1)(b), (3)(a)(I), (3)(a)(II), (4)(a)(I), (4)(a)(II), (5)(a)(II), (6)(a)(II), (7)(b)(II), and (11) amended, (HB 11-1268), ch. 267, p. 1218, § 2, effective June 2. L. 2012: (5)(a)(IV) and (6)(a)(IV) amended, (HB 12-1310), ch. 268, p. 1401, § 21, effective June 7; (7)(b)(V) and (8) amended, (HB 12-1168), ch. 278, p. 1484, § 8, effective August 8. L. 2013: IP(3)(a), IP(5)(a), IP(5)(b), IP(6)(a), (9)(a), (10)(a) to (10)(c), (10)(d)(I), (12), and (13) amended, (HB 13-1325), ch. 331, p. 1885, § 15, effective May 28. L. 2015: (2), IP(5)(a), IP(5)(b), IP(6)(a), (7)(a), (7)(b)(V), (7)(c), (8), (9)(a), and IP(15) amended and (6)(c) added, (HB 15-1043), ch. 262, p. 992, § 2, effective August 5. L. 2016: IP(6)(c) amended, (SB 16-189), ch. 210, p. 798, § 122, effective June 6; (12) amended, (HB 16-1017), ch. 41, p. 101, § 1, effective July 1. L. 2017: IP(5)(a), (5)(a)(I), IP(6)(a), and IP(6)(a)(I) amended and (5)(c) and (6)(b) repealed, (HB 17-1015), ch. 71, p. 226, § 11, effective August 9; (6.5) added, (HB 17-1288), ch. 387, p. 2003, § 1, effective August 9; (10)(e) added, (HB 17-1315), ch. 280, p. 1529, § 3, effective August 9. L. 2019: (10)(c) amended, (HB 19-1147), ch. 178, p. 2033, § 15, effective August 2; (10)(d)(II) amended, (SB 19-241), ch. 390, p. 3478, § 59, effective August 2. L. 2021: (10.5) added, (HB 21-1315), ch. 461, p. 3113, § 16, effective July 6; (5)(a)(I), IP(6)(a)(I), (6)(a)(I)(A), (6.5)(b)(I), and (6.5)(b)(II) amended and (6)(a)(I.5), (6)(d), and (6.7) added, (SB 21-271), ch. 462, p. 3306, § 733, effective March 1, 2022.
Editor's note: Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
Cross references: For the legislative declaration in HB 21-1315, see section 1 of chapter 461, Session Laws of Colorado 2021.
Structure Colorado Code
Title 42 - Vehicles and Traffic
Article 4 - Regulation of Vehicles and Traffic
Part 13 - Alcohol and Drug Offenses
§ 42-4-1301.3. Alcohol and Drug Driving Safety Program - Definition
§ 42-4-1301.4. Useful Public Service - Definitions - Local Programs - Assessment of Costs
§ 42-4-1302. Stopping of Suspect
§ 42-4-1303. Records - Prima Facie Proof
§ 42-4-1305. Open Alcoholic Beverage Container - Motor Vehicle - Prohibited
§ 42-4-1305.5. Open Marijuana Container - Motor Vehicle - Prohibited
§ 42-4-1306. Colorado Task Force on Drunk and Impaired Driving - Creation - Legislative Declaration