Sentencing
After an individual is found guilty of a crime, a judge imposes a sentence which may include fees, fines, community service, probation, jail, community corrections, or prison. The prosecutor and defense attorney on the case provide recommendations to the judge, who decides on the ultimate sentence. This section presents information on sentencing by the most severe sentence imposed on the case.
Why is this important? It is important to ensure sentences minimize unnecessary punitiveness while appropriately addressing serious crime. In addition, we want to treat all individuals fairly and equitably.
Defendants going to prison are increasing as a percentage of felony sentences, but the overall number of felony filings - particularly less serious felonies, such as felony drug possession charges, trespass, and criminal impersonation - has decreased dramatically in recent years. In light of that, we would expect to see the percentage sent to prison trending upward, as more serious cases now represent a higher percentage of the felony cases we handle.
Indicators
Below are a set of indicators that provide additional context about sentencing. These indicators help the DA's Office ensure fairness in the type and severity of sentences imposed, reducing unnecessary pretrial detention, and avoiding unwarranted incarceration without compromising public safety.
Click Here for more information about race and ethnicity data collection and limitations.
Public Defender Qualification: In Colorado, incarcerated defendants are automatically appointed a public defender for as long as they remain in custody. Out-of-custody defendants must apply and meet federal indigence requirements to qualify for a public defender. Therefore, there is the potential for public defenders to be representing individuals accused of more serious crimes.
In some cases, Community Corrections is an important tool to help build skills or address treatment needs. Programs can include in-patient drug and alcohol treatment, cognitive therapy, sex offender treatment, and employment and life skills coaching. Typically, a person sent to Community Corrections is required to live at the facility and may only leave to work, look for work, or attend required classes. If successful, the person can earn the ability to live away from the facility under supervision akin to probation.
However, Community Corrections is a community-based sentence, and is not appropriate in every case. Each defendant must apply for and be approved by a local board of citizens before being admitted. The DA's office does not control who is eligible for Community Corrections and cannot prevent a judge from sentencing an eligible offender to Community Corrections. Due to a law change in 2022 walking away from a Community Corrections sentence is only punishable as a misdemeanor, essentially ensuring there is no additional punishment imposed if an individual sentenced to Community Corrections “escapes” or walks away from the facility. We will continue to monitor this metric while taking into account the criminal history of each defendant, the input from victims, a defendant's interest in treatment and rehabilitation, and the types of charges involved.
Pretrial Detention Indicators
Below are a set of indicators that provide additional context about pretrial detention, incarceration in jail prior to case resolution. These indicators help the DA's Office ensure the reduction of unnecessary pretrial detention.
Click Here for more information about race and ethnicity data collection and limitations.
Notes:
- This data reflects only those cases where a sentence was ultimately imposed. Cases that resulted in diversion, an outright dismissal, or some other resolution, are not reflected here.
- This data represents initial sentences only, sometimes a case may have a subsequent sentence in cases because of a revocation of probation or due to a request to modify the sentence. Those subsequent sentences are not represented here.
- Warrants are excluded (for all cases identified as a warrant).