(1) Except as otherwise provided in subsection (2) of this section, any sentence imposed following conviction of an offense under sections 18-8-201 to 18-8-208 or section 18-8-211 shall run consecutively and not concurrently with any sentence which the offender was serving at the time of the conduct prohibited by those sections.
(2) If an offender was serving a direct sentence to a community corrections program pursuant to section 18-1.3-301 or was in an intensive supervision parole program pursuant to section 17-27.5-101, C.R.S., at the time he or she committed an offense specified in section 18- 8-201 or 18-8-208, the sentence imposed following a conviction of said offense may run concurrently with any sentence the offender was serving at the time he or she committed said offense.
Source: L. 71: R&RE, p. 459, § 1. C.R.S. 1963: § 40-8-209. L. 76, Ex. Sess.: Entire section amended, p. 14, § 2, effective September 18. L. 2010: Entire section amended, (HB 10- 1373), ch. 260, p. 1179, § 2, effective May 25.
Notes of Decisions
Cited in
16
cases, 1982–2015 · leading case:
People v. Andrews, 871 P.2d 1199 (Colo. 1994).
People v. Andrews, 871 P.2d 1199 (Colo. 1994).
· cites it 30× “(1986) (escape) and section 18-8-209, 8B C.R.S. (1986) (attempted escape).”
People v. Diaz, 2015 CO 28 (Colo. 2015).
· cites it 6× “3d at 394 (observing that the legislature could have added language under section 18-3-203(1)(f) similar to the language in the escape statute found at section 18-8-209(1), C.R.S. (2014), which states â[a]ny sentence imposed following conviction of an offense under [certain…”
People v. Perea, 74 P.3d 326 (Colo. Ct. App. 2002).
· cites it 8× “Defendant next contends that the trial court improperly concluded that it was required to impose a consecutive sentence pursuant to § 18-8-209, C.R.S.2001, and an additional period of parole.”
People v. Eurioste, 12 P.3d 847 (Colo. Ct. App. 2000).
· cites it 11× “shall run consecutively and not concurrently with any sentence which the offender was serving at the time of the conduct prohibited by those sections.”
People v. Garcia, 64 P.3d 857 (Colo. Ct. App. 2002).
· cites it 3× “” Section 18-8-209, C.R.S.2001. Here, at the time of his escape, defendant was serving his sentence to mandatory parole.”
People v. Williams, 33 P.3d 1187 (Colo. Ct. App. 2001).
· cites it 4× “The requirement of consecutive sentencing is set forth in § 18-8-209, C.R.S. 2000, which provides that any sentence imposed following a conviction of an offense under several sections, including escape under § 18-8-208, "shall run consecutively and not concurrently with any…”
People v. Corral, 174 P.3d 837 (Colo. Ct. App. 2007).
· cites it 8× “Pursuant to § 18-8-209, C.R.S.2006, "Any sentence imposed following conviction of [an escape offense] shall run consecutively and not concurrently with any sentence which the offender was serving at the time of the [escape offense].”
People v. Anderson, 649 P.2d 720 (Colo. Ct. App. 1982).
· cites it 4× “See § 18-8-209, C.R.S.1973 (1978 Repl.Vol. 8).”
People v. Montgomery, 669 P.2d 1387 (Colo. 1983).
· cites it 2× “The People point out that section 18-8-209 requires consecutive life sentences if, while serving a life sentence, a person who escapes or attempts to escape commits an assault with intent to commit bodily injury with a deadly weapon, or by any means of force likely to produce…”
People v. Benavidez, 222 P.3d 391 (Colo. Ct. App. 2009).
“, § 18-8-209, C.R.98.2008 (specifically stating, with regard to convictions involving escape or other offenses related to custody, that "[alny sentence imposed following conviction of an offense under [certain enumerated sections] shall run consecutively .”
S.G.W. v. People, 752 P.2d 86 (Colo. 1988).
“(1986) (court may, in its discretion, impose consecutive sentences when defendant is convicted of more than one offense arising out of same criminal episode and involving multiple victims); § 18-8-209, 8B C.R.S. (1986) (consecutive sentence required for convictions relating to…”
People v. Kyler, 991 P.2d 810 (Colo. 1999).
“See also § 18-8-209 (escape sentences "shall run consecutively with any sentence which the offender was serving at the time”).”
— Colo. Rev. Stat. § 18-8-209(1) — 4 cases
People v. Diaz, 2015 CO 28 (Colo. 2015).
“3d at 394 (observing that the legislature could have added language under section 18-3-203(1)(f) similar to the language in the escape statute found at section 18-8-209(1), C.R.S. (2014), which states â[a]ny sentence imposed following conviction of an offense under [certain…”
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