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

Colo. Rev. Stat. § 16-11-202 (2026)

Probationary power of court

✓ current as of July 2026
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(Repealed)

Source: L. 72: R&RE, p. 242, § 1. C.R.S. 1963: § 39-11-202. L. 94: Entire section amended, p. 97, § 1, effective July 1. L. 96: Entire section amended, p. 739, § 14, effective July 1. L. 99: (1) amended, p. 57, § 9, effective March 15. L. 2002: Entire section repealed, p. 1463, § 3, effective October 1.

Editor's note: In 2002, this section was relocated to section 18-1.3-202.

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 42 cases (1 in the last 5 years), 1976–2025 · leading case: Faulkner v. Dist. Court of Eighteenth Jud. Dist., 826 P.2d 1277 (Colo. 1992).
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Faulkner v. Dist. Court of Eighteenth Jud. Dist., 826 P.2d 1277 (Colo. 1992). · cites it 22× “Internment in a county jail as a condition to probation is authorized by section 16-11-202, 8A C.R.S. (1986): When it appears to the satisfaction of the court that the ends of justice and the best interest of the public, as well as the defendant, will be served thereby, the…”
People v. Ray, 560 P.2d 74 (Colo. 1977). · cites it 12× “Section 16-11-202, C.R.S.1973 sets forth: " XX-XX-XXX.”
People v. Garberding, 787 P.2d 154 (Colo. 1990). · cites it 18× “The defendant Andrew Garberding appeals from the trial court’s imposition of a sentence of 18 months in a work release program, pursuant to sections 16-11-202 and 16-11-212, 8A C.R.”
People v. Kennaugh, 80 P.3d 315 (Colo. 2003). · cites it 14× “In Flenniken we concluded, in direct opposition to today's holding, that "[n]either that section [§ 16-11-202] nor section 16-11-101(1)(a) (listing probation as an alternative sentence) expressly refers to section 18-1-105 as limiting the period of probation that may be ordered.”
People v. Bassford, 343 P.3d 1003 (Colo. Ct. App. 2014). · cites it 2× “As it does today, the probation statute allowed that: In addition to imposing other conditions, the court has the power to commit the defendant to any jail operated by the county or city and county in which the offense was committed during such time or for such intervals within…”
People v. Steen, 318 P.3d 487 (Colo. 2014). · cites it 2× “8-202(1) regarding stays of probation was adopted in 1994 as an amendment to section 16-11-202. See House Bill 94-1068, 1994 Colo.”
People v. Trujillo, 261 P.3d 485 (Colo. Ct. App. 2010). · cites it 5× “But, the division noted, this situation had been changed by the recent amendment to section 16-11-202 (now codified as section 18-1.”
People v. Burleigh, 727 P.2d 873 (Colo. Ct. App. 1986). · cites it 7× “” Section 16-11-202, C.R.S. (1978 Repl. Vol.”
People v. Appelhanz, 738 P.2d 1182 (Colo. 1987). · cites it 7× “The defendant contends that we should characterize the trial court’s action as a grant of probation, and find the sentence to be legal under the general probation statute, section 16-11-202, 8A C.R.S. (1986). 6 We decline to adopt this reasoning.”
People v. Herr, 868 P.2d 1121 (Colo. Ct. App. 1993). · cites it 3× “8A) and are expressly subject to the limitations on the length of imprisonment set out in § 18-1-105, C.”
People v. Turner, 644 P.2d 951 (Colo. 1982). · cites it 3× “Section 16-11-202, C.R.S.1973 (1978 Repl.”
People v. Richards, 795 P.2d 1343 (Colo. Ct. App. 1989). · cites it 2× “See § 16-11-202, C.R.S. (1986 Repl.Vol. 8A); People v.”
Show all 42 citing cases →
— Colo. Rev. Stat. § 16-11-202(1) — 5 cases
People v. Kennaugh, 80 P.3d 315 (Colo. 2003). “In Flenniken we concluded, in direct opposition to today's holding, that "[n]either that section [§ 16-11-202] nor section 16-11-101(1)(a) (listing probation as an alternative sentence) expressly refers to section 18-1-105 as limiting the period of probation that may be ordered.”
People v. Widhalm, 991 P.2d 291 (Colo. Ct. App. 1999).
People v. Benavidez, 58 P.3d 1142 (Colo. Ct. App. 2002).
People v. Fleming, 3 P.3d 449 (Colo. Ct. App. 1999).
People v. Martinnillie, 940 P.2d 1090 (Colo. Ct. App. 1996).
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