Colo. Rev. Stat. » Title 17
Colorado Revised Statutes

Colo. Rev. Stat. § 17-40-104 (2026)

Responsibility to the program of court imposing sentence

✓ current as of July 2026
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Before or at the same time any offender is transported to the diagnostic center, the sentencing court shall transmit to the superintendent of the program any available presentence report, offense report, or diagnostic or clinical information and any recommendation the court may deem appropriate.

Source: L. 77: Entire title R&RE, p. 948, § 10, effective August 1. L. 78: Entire section amended, p. 357, § 6, effective April 27. L. 79: Entire section amended, p. 700, § 68, effective July 1. L. 94: Entire section amended, p. 605, § 14, effective July 1.

Editor's note: This section is similar to former § 27-40-104 as it existed prior to 1977.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1998–2025 · leading case: People v. Fitzgerald, 973 P.2d 708 (Colo. Ct. App. 1998).
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People v. Fitzgerald, 973 P.2d 708 (Colo. Ct. App. 1998). · cites it 3× “To the contrary, §17-40-104, C.R.S.1998, which specifically addresses the responsibility of the sentencing court to the DOC diagnostic program, merely directs the court to transmit to the superintendent of the diagnostic center for placement of offenders in the DOC “any…”
Jimenez v. 4th Jud. Dist. (Colo. Ct. App. 2025). · cites it 2× “§ 17-40-104, C.R.S. 2025. The last two pages of Jimenez’s exhibit are the second and third pages of the PSIR, which contain the relevant description of Jimenez’s offense to which he objects.”
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