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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.








Indicators

Below are 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.




Deferred sentences are an opportunity provided to offenders that afford them a second chance.  They are routinely offered in the appropriate cases and require the offender to complete certain sentencing conditions and further, remain offense-free during the time of the deferred sentence.  The level of supervision generally matches the level of supervision provided to offenders that receive probation.  Felony deferred sentences are generally supervised by the probation department.  The main difference between the two types of sentences is that if the deferred sentence is successfully completed the conviction is dismissed and in certain cases the case is eligible for sealing.  Deferred sentences are based on criminal history of the offender, the type of crime and the effects of the crime on the victim and the community.  It is hoped that in giving a deferred sentence, offenders are able to address the underlying issues that caused the crime and remain offense free. 



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 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 only initial sentences. In some cases, a subsequent sentence may be imposed due to probation revocation or a request for sentence modification. Those subsequent sentences are not represented here.
  • Warrants are excluded (for all cases identified as a warrant).