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.

This section presents information on sentencing by the most severe sentence imposed on the case. The judge decides the ultimate sentence after hearing recommendations from the involved parties.

Studying recidivism after a non-incarcerative sentence is an important data point. We want non-incarcerative sentences to serve as a positive intervention in a defendant’s life. The hope is that the opportunity for a non-incarcerative sentence provides a level of supervision and support that enables defendants to successfully navigate their way out of the criminal justice system forever. While we are encouraged by the relatively low percentage of defendant’s that reoffend after a non-incarcerative sentence, we will continue to work with critical stakeholders to try to reduce this number even further.

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.

We will continue to monitor this metric in order to make sure that we are effectively using incarceration when community safety demands it. It is important to consider all options available for a particular sentence before relying on a sentence to incarceration.

Click Here for more information about race and ethnicity data collection and limitations.

Race and ethnicity data is not based on a consistent method of voluntary self-identification. While we work on strategies to improve data collection, we believe it is important to engage in discussions around issues such as the ones highlighted in this metric. Our office is committed to a deeper study of these issues to better understand the root cause of disparity in the criminal justice system.

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.

A deferred judgement allows a defendant the opportunity to avoid having a permanent conviction on their record. If an offender is successful in complying with the terms of a deferred judgment during the time that the sentence is deferred, the offender may return to court, withdraw their guilty plea, and have the case dismissed. Our prosecutors carefully review each case to make sure that it is appropriate to offer the offender the opportunity to receive a deferred judgment on their case.

Community Corrections serves as an alternative to a traditional prison sentence. It is a community-based sentence which requires a presentence screening and approval from the Community Corrections Board. A sentence to Community Corrections allows defendants the opportunity to address treatment needs while allowing defendants the opportunity to continue to work while serving their sentence.

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.

It is important to understand that this indicator includes only those defendants who are eventually convicted and sentenced. It may also include those defendants who were detained after an initial release after their arrest. Defendants may be detained after an initial release for a variety of reasons to include failing to appear for a scheduled court date, violating the conditions of their supervised release, or violating the conditions of their mandatory protection order that was issued as part of their underlying case.

Click Here for more information about race and ethnicity data collection and limitations.

Notes

Underlying data counts for each chart can be accessed through this link.
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).