Colo. Rev. Stat. » Title 16
Colorado Revised Statutes

Colo. Rev. Stat. § 16-11-201 (2026)

Application for probation

✓ current as of July 2026
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(Repealed)

Source: L. 72: R&RE, p. 241, § 1. C.R.S. 1963: § 39-11-201. L. 82: (2) amended, p. 308, § 1, effective April 27. L. 90: (4) added, p. 941, § 7, effective June 7. L. 95: (1) and (4) amended, p. 1281, § 18, effective June 5. L. 98: (4)(a)(II) amended, p. 1437, § 11, effective July 1. L. 2002: Entire section repealed, p. 1463, § 3, effective October 1.

Editor's note: In 2002, this section was relocated to section 18-1.3-201.

Cross references: For the legislative declaration contained in the 2002 act repealing this section, see section 1 of chapter 318, Session Laws of Colorado 2002.

Notes of Decisions
Cited in 36 cases, 1975–2009 · leading case: People v. Harvey, 819 P.2d 1087 (Colo. Ct. App. 1991).
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People v. Harvey, 819 P.2d 1087 (Colo. Ct. App. 1991). · cites it 6× “The statutory language of § 16-13-101 differs significantly from that contained in § 16-11-201. Gimmy holds that for purposes of § 16-13-101, which outlines the necessary prerequisites for filing habitual criminal charges against a defendant, the operative time for determination…”
Beecroft v. People, 874 P.2d 1041 (Colo. 1994). · cites it 7× “In 1991, the legislature further clarified the situations under which a sentencing court will have the authority to suspend a sentence, adding the following language to section 18-1-105(10): In no instance shall any such sentence be suspended if the defendant is ineligible for…”
People Ex Rel. VanMeveren v. DIST. CT., ETC., 575 P.2d 4 (Colo. 1978). · cites it 6× “35(a) when the original sentence was imposed pursuant to a plea agreement? And, if not (3) can a district attorney cause the original charges to be reinstated and proceed to trial? I.”
People v. Turner, 644 P.2d 951 (Colo. 1982). · cites it 9× “We hold that probation is a form of sentence within the meaning of section 16 — 7— 403(2) and, as long as a defendant is otherwise eligible for probation, see section 16-11-201, C.R.S.1973 (1978 Repl.”
Moland v. People, 757 P.2d 137 (Colo. 1988). · cites it 2× “See § 16-11-201(2), C.R.S. (1986). We express no opinion on the merits of the defendant’s argument, as the question of whether a new present need exists is to be resolved by the trial court on remand.”
People v. Fagerholm, 768 P.2d 689 (Colo. 1989). · cites it 4× “His application for probation was denied under section 16-11-201(2), 8A C.R.S. (1986), because of two prior convictions.”
People v. Munoz, 857 P.2d 546 (Colo. Ct. App. 1993). · cites it 8× “In 1991, the statute was amended and the following language added: In no instance shall any such sentence be suspended if the defendant is ineligible for probation pursuant to section 16-11-201, C.R.S., except upon an express waiver being made by the sentencing court regarding a…”
Faulkner v. Dist. Court of Eighteenth Jud. Dist., 826 P.2d 1277 (Colo. 1992). · cites it 6× “Justice VOLLACK dissenting: The majority concludes that a person given jail time as a condition of probation is eligible for good-time credits under sections 17-26-109 and 17-26-115, 8A C.”
People v. Martinez, 844 P.2d 1203 (Colo. Ct. App. 1992). · cites it 5× “Defendant also contends that the sentencing court’s interpretation of § 16-11-201, C.R.S. (1986 Repl.Vol. 8A) rendered the statute unconstitutionally vague and, hence, violative of due process of law.”
Villafranca v. People, 573 P.2d 540 (Colo. 1978). · cites it 3× “*476 Section 16-11-201(2), C.R.S. 1973. Parole consequences may likewise be affected.”
People in Interest of MC, 774 P.2d 857 (Colo. 1989). · cites it 2× “§ 16-11-201(1), 8A C.R.S. (1986). Juveniles are divided into two classes depending on the child's age at the time when a final disposition is reached in each case.”
People v. Atencio, 219 P.3d 1080 (Colo. Ct. App. 2009). · cites it 2× “1984), the division construed former section 16-11-201(2) (now codified as amended at section 18-1.”
Show all 36 citing cases →
— Colo. Rev. Stat. § 16-11-201(1) — 3 cases
People in Interest of MC, 774 P.2d 857 (Colo. 1989). “§ 16-11-201(1), 8A C.R.S. (1986). Juveniles are divided into two classes depending on the child's age at the time when a final disposition is reached in each case.”
People v. Rollins, 771 P.2d 32 (Colo. Ct. App. 1989).
People v. Garberding, 787 P.2d 154 (Colo. 1990).
— Colo. Rev. Stat. § 16-11-201(2) — 19 cases
People Ex Rel. VanMeveren v. DIST. CT., ETC., 575 P.2d 4 (Colo. 1978). “35(a) when the original sentence was imposed pursuant to a plea agreement? And, if not (3) can a district attorney cause the original charges to be reinstated and proceed to trial? I.”
People v. Harvey, 819 P.2d 1087 (Colo. Ct. App. 1991). “The statutory language of § 16-13-101 differs significantly from that contained in § 16-11-201. Gimmy holds that for purposes of § 16-13-101, which outlines the necessary prerequisites for filing habitual criminal charges against a defendant, the operative time for determination…”
Moland v. People, 757 P.2d 137 (Colo. 1988). “See § 16-11-201(2), C.R.S. (1986). We express no opinion on the merits of the defendant’s argument, as the question of whether a new present need exists is to be resolved by the trial court on remand.”
People v. Fagerholm, 768 P.2d 689 (Colo. 1989). “His application for probation was denied under section 16-11-201(2), 8A C.R.S. (1986), because of two prior convictions.”
People v. Turner, 644 P.2d 951 (Colo. 1982). “We hold that probation is a form of sentence within the meaning of section 16 — 7— 403(2) and, as long as a defendant is otherwise eligible for probation, see section 16-11-201, C.R.S.1973 (1978 Repl.”
— Colo. Rev. Stat. § 16-11-201(4) — 5 cases
Beecroft v. People, 874 P.2d 1041 (Colo. 1994). “In 1991, the legislature further clarified the situations under which a sentencing court will have the authority to suspend a sentence, adding the following language to section 18-1-105(10): In no instance shall any such sentence be suspended if the defendant is ineligible for…”
People v. Munoz, 857 P.2d 546 (Colo. Ct. App. 1993). “In 1991, the statute was amended and the following language added: In no instance shall any such sentence be suspended if the defendant is ineligible for probation pursuant to section 16-11-201, C.R.S., except upon an express waiver being made by the sentencing court regarding a…”
Fierro v. People, 206 P.3d 460 (Colo. 2009).
Chism v. People, 80 P.3d 293 (Colo. 2003).
People v. Thompson, 897 P.2d 857 (Colo. Ct. App. 1994).
— Colo. Rev. Stat. § 16-11-201(4)(a)(I) — 1 case
Chism v. People, 80 P.3d 293 (Colo. 2003).
— Colo. Rev. Stat. § 16-11-201(4)(a)(II) — 1 case
Cooper v. Aspen Skiing Co., 48 P.3d 1229 (Colo. 2002).
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