A person who is confined for an
offense prior to the imposition of sentence for said offense is entitled to credit against the term of
his or her sentence for the entire period of such confinement. At the time of sentencing, the court
shall make a finding of the amount of presentence confinement to which the offender is entitled
and shall include such finding in the mittimus. The period of confinement shall be deducted from
the sentence by the department of corrections. A person who is confined pending a parole
revocation hearing is entitled to credit for the entire period of such confinement against any
period of reincarceration imposed in the parole revocation proceeding. The period of
confinement shall be deducted from the period of reincarceration by the department of
corrections. If a defendant is serving a sentence or is on parole for a previous offense when he or
she commits a new offense and he or she continues to serve the sentence for the previous offense
while charges on the new offense are pending, the credit given for presentence confinement
under this section shall be granted against the sentence the defendant is currently serving for the
previous offense and shall not be granted against the sentence for the new offense.
Source: L. 2002: Entire article added with relocations, p. 1403, § 2, effective October 1.
L. 2009: Entire section amended, (HB 09-1263), ch. 105, p. 383, § 3, effective August 5.
Editor's note: This section is similar to former § 16-11-306 as it existed prior to 2002.
Notes of Decisions
Cited in
51
cases (
16 in the last 5 years), 2002–2026 · leading case:
People v. Fransua, 2016 COA 79 (Colo. Ct. App. 2016).
People v. Fransua, 2016 COA 79 (Colo. Ct. App. 2016).
· cites it 28× “” § 18-1.3-405, C.R.S. 2015. The defendant bears the burden of establishing entitlement to PSCC.”
People v. Norton, 63 P.3d 339 (Colo. 2003).
· cites it 106× “1 In addressing this question, we specifically consider the scope and effect of section 18-1.3-405, 6 C.R.S. (2002) 2 on mandatory parolees who commit a new offense while on parole in light of the 1988 amendment to that statute and the General Assembly’s 1993 amendments to the…”
People v. Torrez, 2017 CO 91 (Colo. 2017).
· cites it 89× “Under § 18-1.3-405, C.R.S. (2017), credit is to be given only where the 7 presentence confinement is caused by the charge on which the defendant is being 8 sentenced.”
v. Baker, 2019 CO 97 (Colo. 2019).
· cites it 7× “(2019), provides in relevant part: A person who is confined for an offense prior to the imposition of sentence for said offense is entitled to credit against the term of his or her sentence for the entire period of such confinement. At the time of sentencing, the court shall…”
Edwards v. People, 196 P.3d 1138 (Colo. 2008).
· cites it 18× “Contrary to the court of appeals' conclusion, the term "sentence" as used in the PSCC statute, section 18-1.3-405, C.R.S. (2008), refers to the mandatory parole portion of a defendant's sentence, as well as the confinement portion of that sentence.”
People v. Carrillo, 297 P.3d 1028 (Colo. Ct. App. 2013).
· cites it 44× “He asserts that the trial court erred when it ruled that, under section 18-1.3-405, C.R.S.2012, he was only entitled to nineteen days of presentence confinement credit (PSCC) against his misdemeanor sentence.”
v. People, 2019 CO 96 (Colo. 2019).
· cites it 4× “§ 18-1.3-405, C.R.S. (2019). While the language of this provision makes it clear that a defendant is entitled to credit for the entire period that he is confined prior to sentencing, we have explained that there must be “a substantial nexus between [the] charge or conduct and…”
v. People, 2020 CO 37 (Colo. 2020).
· cites it 6× “¶13 Russell appealed, arguing that pursuant to section 18-1.3-405, C.R.S. (2019), he was entitled to PSCC against his Douglas County offense for his incarceration in the Denver County Jail and the Department of Corrections between May 26 and October 13, 2016.”
People v. Ostuni, 58 P.3d 531 (Colo. 2002).
· cites it 35× “The General Assembly has now made clear that a person who is confined prior to the imposition of sentence for an offense is entitled to credit for the entire period of his confinement.”
People v. Roy, 252 P.3d 24 (Colo. Ct. App. 2010).
· cites it 7× “Under section 18-1.3-405, C.R.S. 2009, [a] person who is confined for an offense prior to the imposition of sentence for said offense is entitled to credit against the term of his or her sentence for the entire period of such confinement.”
Nowak v. Suthers, 320 P.3d 340 (Colo. 2014).
· cites it 5× “However, it applied all but 13 days of that credit to his prior sentence for his 2003 conviction under section 18-1.3-405, C.R.S. (2013) ("Credit for presen-tence confinement").”
People v. Smith, 318 P.3d 472 (Colo. 2014).
· cites it 25× “Because a trial court is not constrained by section 18-1.3-405 when sentencing an offender to probation with a jail component, whether to credit an offender for presentence confinement-in full, in part, or not at all-is within the trial court's discretion.”
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