(1) As a general rule, imprisonment for the conviction of a felony by an adult offender shall be served by confinement in an appropriate facility as determined by the executive director of the department of corrections. In such cases, the court will sentence the offender to the custody of the executive director of the department of corrections.
(2) Unless otherwise provided in the "Colorado Children's Code", title 19, C.R.S., a defendant convicted of a crime which may be punished by imprisonment in a county jail may be sentenced to a correctional facility other than state correctional facilities if at the time of sentencing the defendant is sixteen years of age or older but under the age of twenty-one years, and if, in the opinion of the court, rehabilitation of the person convicted can best be obtained by such a sentence, and if it also appears to the court that the best interests of the person and of the public and the ends of justice would thereby be served.
(3) Repealed.
(4) With regard to any juvenile sentenced to the department of corrections, the executive director shall consider the juvenile's safety and well-being in determining the facility in which to house the juvenile, the persons with whom the juvenile has contact, and the activities in which the juvenile engages.
Source: L. 72: R&RE, p. 248, § 1. C.R.S. 1963: § 39-11-301. L. 79: (1) and (2) amended and (3) repealed, pp. 679, 705, §§ 6, 88, effective July 1. L. 93: (2) amended, p. 53, § 14, effective July 1. L. 96: (4) added, p. 1680, § 4, effective January 1, 1997.
Notes of Decisions
Cited in
29
cases, 1977–2002 · leading case:
People v. Green, 734 P.2d 616 (Colo. 1987).
People v. Green, 734 P.2d 616 (Colo. 1987).
· cites it 25× “The legislature, however, has continued to treat misdemeanor offenders under twenty-one years of age differently from youthful felony offenders even though the Colorado State Reformatory no longer exists as a distinct institution for the young.”
Moody v. Corsentino, 843 P.2d 1355 (Colo. 1993).
· cites it 4× “[17] In full, section 16-14-102 provides: (1) Any person who is in the custody of the department of corrections pursuant to section 16-11-301 or parts 1 and 2 of article 13 of this title may request final disposition of any untried indictment, information, or criminal complaint…”
People v. Lockhart, 699 P.2d 1332 (Colo. 1985).
· cites it 7× “Currently, the Department of Corrections, under section 16-11-301(1), 8 C.R.S. (1984 Supp.”
People v. Mascarenas, 666 P.2d 101 (Colo. 1983).
· cites it 2× “1973, provides: “(1) Any person who is in the custody of the department of corrections pursuant to section 16-11-301 or parts 1 and 2 of article 13 of this title may request final disposition of any untried indictment, information, or criminal complaint pending against him in…”
People v. Campbell, 742 P.2d 302 (Colo. 1987).
· cites it 2× “(1986), provides: Any person who is in the custody of the department of corrections pursuant to section 16-11-301 or parts 1 and 2 of article 13 of this title may request final disposition of any untried indictment, information, or criminal complaint pending against him in this…”
Castro v. Dist. Court of Tenth Jud. Dist., 656 P.2d 1283 (Colo. 1982).
· cites it 3× “Castro, age 19 at the time of his sentence, was eligible for a sentence to a state correctional facility under section 16-11-301(2), C.R.S.1973 (1978 Repl.”
People v. Scott, 583 P.2d 939 (Colo. Ct. App. 1978).
· cites it 2× “and § 16-11-301, C.R.S.1973. That certain personnel at the penitentiary have arrest powers, § 27-20-103, C.”
People v. Lewis, 564 P.2d 111 (Colo. 1977).
· cites it 3× “” Section 16-11-301(1), C.R.S. 1973 (emphasis added).”
People v. Lewis, 680 P.2d 226 (Colo. 1984).
· cites it 2× “The request shall be in writing addressed to the court in which the indictment, information, or criminal complaint is pending and to the prosecuting official charged with the duty of prosecuting it and shall set forth the place of confinement.”
Faulkner v. Dist. Court of Eighteenth Jud. Dist., 826 P.2d 1277 (Colo. 1992).
· cites it 2× “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. Lucero, 985 P.2d 87 (Colo. Ct. App. 1999).
· cites it 2× “1995) (sentencing provision for adult felony offenders, § 16-11-301(1), C.R.S.1998, requires *94 that imprisonment for felony convictions be served by confinement in facility as determined by DOC).”
Colo. Rev. Stat. § 16-11-301(1): 12 cases
People v. Lockhart, 699 P.2d 1332 (Colo. 1985).
“Currently, the Department of Corrections, under section 16-11-301(1), 8 C.R.S. (1984 Supp.”
People v. Green, 734 P.2d 616 (Colo. 1987).
“The legislature, however, has continued to treat misdemeanor offenders under twenty-one years of age differently from youthful felony offenders even though the Colorado State Reformatory no longer exists as a distinct institution for the young.”
People v. Lewis, 564 P.2d 111 (Colo. 1977).
“” Section 16-11-301(1), C.R.S. 1973 (emphasis added).”
People v. Lucero, 985 P.2d 87 (Colo. Ct. App. 1999).
“1995) (sentencing provision for adult felony offenders, § 16-11-301(1), C.R.S.1998, requires *94 that imprisonment for felony convictions be served by confinement in facility as determined by DOC).”
Colo. Rev. Stat. § 16-11-301(2): 4 cases
People v. Green, 734 P.2d 616 (Colo. 1987).
“The legislature, however, has continued to treat misdemeanor offenders under twenty-one years of age differently from youthful felony offenders even though the Colorado State Reformatory no longer exists as a distinct institution for the young.”
Castro v. Dist. Court of Tenth Jud. Dist., 656 P.2d 1283 (Colo. 1982).
“Castro, age 19 at the time of his sentence, was eligible for a sentence to a state correctional facility under section 16-11-301(2), C.R.S.1973 (1978 Repl.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.