Colorado Revised Statutes

Colo. Rev. Stat. § 17-27-105 (2024)

Authority to place offenders in community corrections programs

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
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(Repealed) Source: L. 93: Entire article R&RE, p. 713, § 1, effective July 1. L. 94: (1)(i) amended, p. 927, § 1, effective April 28; (3)(a) amended, p. 2595, § 2, effective June 3. L. 95: (2)(b) amended, p. 1276, § 13, effective June 5. L. 96: (1)(a) amended, p. 1690, § 22, effective January 1, 1997. L. 97: (2)(b) amended, p. 30, § 8, effective March 20. L. 98: (2)(b) amended, p. 318, § 2, effective July 1. L. 99: (1)(j) amended and (1)(k) added, p. 660, § 1, effective July 1. L. 2000:

(3)(b) repealed, p. 230, § 3, effective March 29. L. 2001: (1)(k)(II) repealed, p. 527, § 1, effective May 22. L. 2002: Entire section repealed, p. 1463, § 3, effective October 1.

Editor's note: This section was relocated to § 18-1.3-301 in 2002.

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

Notes of Decisions
Cited in 54 cases (1 in the last 5 years), 1980–2025 · leading case: Romero v. People, 179 P.3d 984 (Colo. 2007).
Romero v. People, 179 P.3d 984 (Colo. 2007). · cites it 47× “In 2003, the provision at issue was renumbered from section 17-27-105(l)(e), C.R.S. (2002) to section 18-1.”
People v. Johnson, 13 P.3d 309 (Colo. 2000). · cites it 27× “First, a trial court may sentence a person directly to community corrections pursuant to section 17-27-105(1). Second, the DOC may refer an offender to community corrections if that person is statutorily eligible for such assignment pursuant to section 17-27-105(2).”
Martin v. People, 27 P.3d 846 (Colo. 2001). · cites it 10× “We have recently interpreted the terms "sentence" and "sentenced," as used by the legislature in section 17-27-105(1)(e), 6 C.R.S. (2000), to refer solely to the term of imprisonment ordered by a trial court, excluding any mandatory period of parole that necessarily follows that…”
Young v. People, 30 P.3d 202 (Colo. 2001). · cites it 23× “A court may sentence an offender directly to community corrections pursuant to section 17-27-105(1)(a), and if such offender is rejected from the community corrections program, a court may resentence him to DOC for a period of time that does not exceed the sentence originally…”
Wilson v. People, 747 P.2d 638 (Colo. 1987). · cites it 20× “n offender has allegedly violated a rule or condition of placement: (1) Where the administrator of a community correctional facility or any other appropriate supervising authority has cause to believe that an offender placed in a community correctional facility has violated any…”
People v. Wilhite, 817 P.2d 1017 (Colo. 1991). · cites it 14× “Similarly, section 17-27-114 stated: (1) Where the administrator of a community correctional facility or any other appropriate supervising authority has cause to believe that an offender placed in a community correctional facility has violated any rule or condition of his…”
People v. McCreadie, 938 P.2d 528 (Colo. 1997). · cites it 18× “The meaning of the term “time credits” as referenced in section 17-27-105(1)® is also clarified. Section 17-27-104(9) refers to “the time credits granted to such offender pursuant to section 17-27-105(l)(i).”
People v. Johnson, 987 P.2d 928 (Colo. Ct. App. 1999). · cites it 19× “We also note that § 17-27-105(1)(b) provides that, in imposing a direct sentence to a community corrections program, the trial court “may impose a sentence to community corrections which includes terms, lengths, and conditions pursuant to section 18-1-105.”
People v. McGraw, 30 P.3d 835 (Colo. Ct. App. 2001). · cites it 5× “TIL Next, defendant asserts that the trial court violated § 17-27-105(1)(e), C.R.S. 2000, when it resentenced him to six years in the D.”
Benz v. People, 5 P.3d 311 (Colo. 2000). · cites it 9× “1, § 17-27-105, 1998 Colo. Sess. Laws 708 , 7138-15.”
People v. Snare, 7 P.3d 1025 (Colo. Ct. App. 1999). · cites it 10× “Section 17-27-105, C.R.S8.1999, provides that, after an offender has been rejected from community corrections, a court may resentence such offender without a hearing so long as the sentence does not exceed the sentence originally imposed.”
People v. Hoecher, 822 P.2d 8 (Colo. 1991). · cites it 5× “§ 17-27-105(1)(a), 8A C.R.S. (1986). A sentence to a community correctional facility or program, however, is not final until the corrections board of the local governmental unit accepts the offender for placement in the facility or program.”
Colo. Rev. Stat. § 17-27-105(1): 10 cases
People v. Johnson, 13 P.3d 309 (Colo. 2000). “First, a trial court may sentence a person directly to community corrections pursuant to section 17-27-105(1). Second, the DOC may refer an offender to community corrections if that person is statutorily eligible for such assignment pursuant to section 17-27-105(2).”
People v. McCreadie, 938 P.2d 528 (Colo. 1997). “The meaning of the term “time credits” as referenced in section 17-27-105(1)® is also clarified. Section 17-27-104(9) refers to “the time credits granted to such offender pursuant to section 17-27-105(l)(i).”
Benz v. People, 5 P.3d 311 (Colo. 2000). “1, § 17-27-105, 1998 Colo. Sess. Laws 708 , 7138-15.”
People v. Lanzieri, 25 P.3d 1170 (Colo. 2001).
People v. Brown, 695 P.2d 776 (Colo. Ct. App. 1984).
Colo. Rev. Stat. § 17-27-105(1)(a): 5 cases
Young v. People, 30 P.3d 202 (Colo. 2001). “A court may sentence an offender directly to community corrections pursuant to section 17-27-105(1)(a), and if such offender is rejected from the community corrections program, a court may resentence him to DOC for a period of time that does not exceed the sentence originally…”
People v. Wilhite, 817 P.2d 1017 (Colo. 1991). “Similarly, section 17-27-114 stated: (1) Where the administrator of a community correctional facility or any other appropriate supervising authority has cause to believe that an offender placed in a community correctional facility has violated any rule or condition of his…”
People v. Hoecher, 822 P.2d 8 (Colo. 1991). “§ 17-27-105(1)(a), 8A C.R.S. (1986). A sentence to a community correctional facility or program, however, is not final until the corrections board of the local governmental unit accepts the offender for placement in the facility or program.”
Wilson v. People, 747 P.2d 638 (Colo. 1987). “n offender has allegedly violated a rule or condition of placement: (1) Where the administrator of a community correctional facility or any other appropriate supervising authority has cause to believe that an offender placed in a community correctional facility has violated any…”
People v. Akin, 783 P.2d 267 (Colo. 1989).
Colo. Rev. Stat. § 17-27-105(1)(b): 5 cases
Young v. People, 30 P.3d 202 (Colo. 2001). “A court may sentence an offender directly to community corrections pursuant to section 17-27-105(1)(a), and if such offender is rejected from the community corrections program, a court may resentence him to DOC for a period of time that does not exceed the sentence originally…”
People v. Johnson, 13 P.3d 309 (Colo. 2000). “First, a trial court may sentence a person directly to community corrections pursuant to section 17-27-105(1). Second, the DOC may refer an offender to community corrections if that person is statutorily eligible for such assignment pursuant to section 17-27-105(2).”
People v. Chavez, 32 P.3d 613 (Colo. Ct. App. 2001).
Shipley v. People, 45 P.3d 1277 (Colo. 2002).
People v. Johnson, 987 P.2d 928 (Colo. Ct. App. 1999). “We also note that § 17-27-105(1)(b) provides that, in imposing a direct sentence to a community corrections program, the trial court “may impose a sentence to community corrections which includes terms, lengths, and conditions pursuant to section 18-1-105.”
Colo. Rev. Stat. § 17-27-105(1)(d): 2 cases
Young v. People, 30 P.3d 202 (Colo. 2001). “A court may sentence an offender directly to community corrections pursuant to section 17-27-105(1)(a), and if such offender is rejected from the community corrections program, a court may resentence him to DOC for a period of time that does not exceed the sentence originally…”
Benz v. People, 5 P.3d 311 (Colo. 2000). “1, § 17-27-105, 1998 Colo. Sess. Laws 708 , 7138-15.”
Colo. Rev. Stat. § 17-27-105(1)(e): 14 cases
People v. Johnson, 13 P.3d 309 (Colo. 2000). “First, a trial court may sentence a person directly to community corrections pursuant to section 17-27-105(1). Second, the DOC may refer an offender to community corrections if that person is statutorily eligible for such assignment pursuant to section 17-27-105(2).”
Martin v. People, 27 P.3d 846 (Colo. 2001). “We have recently interpreted the terms "sentence" and "sentenced," as used by the legislature in section 17-27-105(1)(e), 6 C.R.S. (2000), to refer solely to the term of imprisonment ordered by a trial court, excluding any mandatory period of parole that necessarily follows that…”
Young v. People, 30 P.3d 202 (Colo. 2001). “A court may sentence an offender directly to community corrections pursuant to section 17-27-105(1)(a), and if such offender is rejected from the community corrections program, a court may resentence him to DOC for a period of time that does not exceed the sentence originally…”
People v. McGraw, 30 P.3d 835 (Colo. Ct. App. 2001). “TIL Next, defendant asserts that the trial court violated § 17-27-105(1)(e), C.R.S. 2000, when it resentenced him to six years in the D.”
People v. McPherson, 53 P.3d 679 (Colo. Ct. App. 2001).
Colo. Rev. Stat. § 17-27-105(1)(g): 1 case
Benz v. People, 5 P.3d 311 (Colo. 2000). “1, § 17-27-105, 1998 Colo. Sess. Laws 708 , 7138-15.”
Colo. Rev. Stat. § 17-27-105(1)(i)(I)(C): 1 case
People v. McCreadie, 938 P.2d 528 (Colo. 1997). “The meaning of the term “time credits” as referenced in section 17-27-105(1)® is also clarified. Section 17-27-104(9) refers to “the time credits granted to such offender pursuant to section 17-27-105(l)(i).”
Colo. Rev. Stat. § 17-27-105(1)(i)(III): 1 case
People v. McCreadie, 938 P.2d 528 (Colo. 1997). “The meaning of the term “time credits” as referenced in section 17-27-105(1)® is also clarified. Section 17-27-104(9) refers to “the time credits granted to such offender pursuant to section 17-27-105(l)(i).”
Colo. Rev. Stat. § 17-27-105(1)(j): 5 cases
People v. McCreadie, 938 P.2d 528 (Colo. 1997). “The meaning of the term “time credits” as referenced in section 17-27-105(1)® is also clarified. Section 17-27-104(9) refers to “the time credits granted to such offender pursuant to section 17-27-105(l)(i).”
Young v. People, 30 P.3d 202 (Colo. 2001). “A court may sentence an offender directly to community corrections pursuant to section 17-27-105(1)(a), and if such offender is rejected from the community corrections program, a court may resentence him to DOC for a period of time that does not exceed the sentence originally…”
People v. Pimble, 2015 COA 112, 369 P.3d 729.
People v. Jim, 2017 COA 123, 424 P.3d 455.
People v. Pimble, 2015 COA 112.
Colo. Rev. Stat. § 17-27-105(2): 2 cases
People v. Johnson, 13 P.3d 309 (Colo. 2000). “First, a trial court may sentence a person directly to community corrections pursuant to section 17-27-105(1). Second, the DOC may refer an offender to community corrections if that person is statutorily eligible for such assignment pursuant to section 17-27-105(2).”
Benz v. People, 5 P.3d 311 (Colo. 2000). “1, § 17-27-105, 1998 Colo. Sess. Laws 708 , 7138-15.”
Colo. Rev. Stat. § 17-27-105(2)(a): 3 cases
People v. Johnson, 13 P.3d 309 (Colo. 2000). “First, a trial court may sentence a person directly to community corrections pursuant to section 17-27-105(1). Second, the DOC may refer an offender to community corrections if that person is statutorily eligible for such assignment pursuant to section 17-27-105(2).”
People v. Hoecher, 822 P.2d 8 (Colo. 1991). “§ 17-27-105(1)(a), 8A C.R.S. (1986). A sentence to a community correctional facility or program, however, is not final until the corrections board of the local governmental unit accepts the offender for placement in the facility or program.”
People v. Snare, 7 P.3d 1025 (Colo. Ct. App. 1999). “Section 17-27-105, C.R.S8.1999, provides that, after an offender has been rejected from community corrections, a court may resentence such offender without a hearing so long as the sentence does not exceed the sentence originally imposed.”
Colo. Rev. Stat. § 17-27-105(2)(b): 2 cases
People v. Snare, 7 P.3d 1025 (Colo. Ct. App. 1999). “Section 17-27-105, C.R.S8.1999, provides that, after an offender has been rejected from community corrections, a court may resentence such offender without a hearing so long as the sentence does not exceed the sentence originally imposed.”
People v. Santisteven, 868 P.2d 415 (Colo. Ct. App. 1993).
Colo. Rev. Stat. § 17-27-105(3)(a): 1 case
People v. Lanzieri, 996 P.2d 156 (Colo. Ct. App. 1999).
Colo. Rev. Stat. § 17-27-105(3)(b): 1 case
People v. Sharp, 979 P.2d 33 (Colo. Ct. App. 1998).
Colo. Rev. Stat. § 17-27-105(5): 6 cases
Wilson v. People, 747 P.2d 638 (Colo. 1987). “n offender has allegedly violated a rule or condition of placement: (1) Where the administrator of a community correctional facility or any other appropriate supervising authority has cause to believe that an offender placed in a community correctional facility has violated any…”
People v. Herrera, 734 P.2d 136 (Colo. Ct. App. 1986).
People v. Quinonez, 701 P.2d 74 (Colo. Ct. App. 1985).
People v. Carroll, 779 P.2d 1375 (Colo. Ct. App. 1989).
People v. Sharp, 979 P.2d 33 (Colo. Ct. App. 1998).
Colo. Rev. Stat. § 17-27-105(8): 1 case
People v. Lanzieri, 25 P.3d 1170 (Colo. 2001).
Colo. Rev. Stat. § 17-27-105(8)(a): 1 case
People v. Lanzieri, 25 P.3d 1170 (Colo. 2001).
Colo. Rev. Stat. § 17-27-105(d): 1 case
Dawson v. People, 30 P.3d 213 (Colo. 2001).
Colo. Rev. Stat. § 17-27-105(l)(a): 9 cases
People v. Winters, 765 P.2d 1010 (Colo. 1988).
People v. Wilhite, 817 P.2d 1017 (Colo. 1991). “Similarly, section 17-27-114 stated: (1) Where the administrator of a community correctional facility or any other appropriate supervising authority has cause to believe that an offender placed in a community correctional facility has violated any rule or condition of his…”
People v. Hoecher, 822 P.2d 8 (Colo. 1991). “§ 17-27-105(1)(a), 8A C.R.S. (1986). A sentence to a community correctional facility or program, however, is not final until the corrections board of the local governmental unit accepts the offender for placement in the facility or program.”
Wilson v. People, 747 P.2d 638 (Colo. 1987). “n offender has allegedly violated a rule or condition of placement: (1) Where the administrator of a community correctional facility or any other appropriate supervising authority has cause to believe that an offender placed in a community correctional facility has violated any…”
People v. Abdul, 935 P.2d 4 (Colo. 1997).
Colo. Rev. Stat. § 17-27-105(l)(b): 4 cases
People v. Johnson, 987 P.2d 928 (Colo. Ct. App. 1999). “We also note that § 17-27-105(1)(b) provides that, in imposing a direct sentence to a community corrections program, the trial court “may impose a sentence to community corrections which includes terms, lengths, and conditions pursuant to section 18-1-105.”
People v. Frye, 997 P.2d 1223 (Colo. Ct. App. 1999).
People v. Sharp, 979 P.2d 33 (Colo. Ct. App. 1998).
Davenport v. Cmty. Corr. of Pikes Peak Region, Inc., 942 P.2d 1301 (Colo. Ct. App. 1997).
Colo. Rev. Stat. § 17-27-105(l)(e): 5 cases
Romero v. People, 179 P.3d 984 (Colo. 2007). “In 2003, the provision at issue was renumbered from section 17-27-105(l)(e), C.R.S. (2002) to section 18-1.”
People v. Johnson, 987 P.2d 928 (Colo. Ct. App. 1999). “We also note that § 17-27-105(1)(b) provides that, in imposing a direct sentence to a community corrections program, the trial court “may impose a sentence to community corrections which includes terms, lengths, and conditions pursuant to section 18-1-105.”
People v. Norton, 63 P.3d 339 (Colo. 2003).
People v. James, 940 P.2d 1092 (Colo. Ct. App. 1996).
People v. Abdul, 935 P.2d 4 (Colo. 1997).
Colo. Rev. Stat. § 17-27-105(l)(f): 1 case
People v. Sharp, 979 P.2d 33 (Colo. Ct. App. 1998).
Colo. Rev. Stat. § 17-27-105(l)(h): 3 cases
Romero v. People, 179 P.3d 984 (Colo. 2007). “In 2003, the provision at issue was renumbered from section 17-27-105(l)(e), C.R.S. (2002) to section 18-1.”
People v. Knott, 83 P.3d 1147 (Colo. Ct. App. 2003).
People v. Johnson, 987 P.2d 928 (Colo. Ct. App. 1999). “We also note that § 17-27-105(1)(b) provides that, in imposing a direct sentence to a community corrections program, the trial court “may impose a sentence to community corrections which includes terms, lengths, and conditions pursuant to section 18-1-105.”
Colo. Rev. Stat. § 17-27-105(l)(i): 1 case
People v. McCreadie, 938 P.2d 528 (Colo. 1997). “The meaning of the term “time credits” as referenced in section 17-27-105(1)® is also clarified. Section 17-27-104(9) refers to “the time credits granted to such offender pursuant to section 17-27-105(l)(i).”
Colo. Rev. Stat. § 17-27-105(l)(j): 2 cases
People v. McCreadie, 938 P.2d 528 (Colo. 1997). “The meaning of the term “time credits” as referenced in section 17-27-105(1)® is also clarified. Section 17-27-104(9) refers to “the time credits granted to such offender pursuant to section 17-27-105(l)(i).”
People v. Fitzgerald, 973 P.2d 708 (Colo. Ct. App. 1998).
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