Deferred Sentences Helping to Reduce Recidivism in Northern Colorado

What is a Deferred Sentence?

Deferred Sentence – A sentence in which the defendant enters a temporary guilty plea. The defendant takes accountability and is sentenced to a probationary period on a Deferred Sentence with terms and conditions to address the root causes of the crime, repair and harm to victims or the community, and prevent a return to the criminal justice system. If the defendant successfully completes all the terms and conditions of their probation, then at the end of the probationary period, their guilty plea gets withdrawn and the case is dismissed. If the defendant is unsuccessful in completing their probationary sentence, then the deferred sentence is revoked, the guilty plea enters permanently, and the defendant is resentenced. 

The success rate for Deferred Sentences in Larimer County is currently 74%. The percentage of defendants who commit new crimes after a successful Deferred Sentence is just 8%. The Overall 2-Year Recidivism Rate for defendants who receive Non-Incarcerative Sentences in Larimer County is 13%. In 2023, 15% of Felony cases were resolved with a Deferred Sentence.

Why Does This Matter?

Deferred Sentences are designed to incentive compliance by offering defendants an opportunity to keep the conviction off their criminal record if they are successful, but if the defendant cannot complete the Deferred Sentence, the conviction remains on their criminal record. The opportunity to take accountability and address harm without a lifelong conviction may mean a defendant is able to obtain jobs, housing, student loans, and other opportunities which they would be barred from. Allowing defendants to learn from their mistakes and become more productive citizens can strengthen our community and reduce recidivism in the short and long term. Deferred sentences also direct defendants to requirements which are likely to reduce their risk of re-offense far quicker than if they went through more traditional sentencing structures or took the case to trial. When we defer appropriate cases, the defendant is likely to be successful on their Deferred Sentence, and less likely to re-offend which means keeping our community safe. 

What Types of Cases Can Be Deferred? 

• Misdemeanor and Petty Offenses such as:
• • Simple Drug Possession Offenses
  • Domestic Violence (such as criminal mischief)
  • Harassment
  • Traffic Misdemeanors (such as careless driving)
  • Disorderly Conduct 
• Low-level felony charges
• • Drug Offenses 
  • Menacing
  • Criminal Mischief 
  • Eluding
  • Fraud

The biggest factor in considering a deferred sentence is the criminal history of the defendant and any harm to the community or victims. Deferred sentences are given to defendants with little to no criminal history OR the criminal history is unrelated to the current charges. In cases where there is a victim, victims are always consulted prior to offer of a deferred sentence. Our priority is always ensuring the sentence is appropriate and tailored to reducing the likelihood the particular offender will commit the same offense again. 

In some situations, such as when a deferred sentence is offered on a felony, the offer may also require a defendant to simultaneously plead guilty to a non-deferred misdemeanor to ensure there is a permeant record of the conduct without a lifelong felony conviction. 

What are the Deferred Sentence Requirements?

The purpose of these types of sentences is to promote rehabilitation and treatment over punishment and incarceration. They also put the responsibility on the defendant to successfully complete their probation to keep the conviction off their record. A typical Deferred Sentence can run anywhere from 12-36 months. 

Examples of Deferred Sentence Probation might include:

•  A defined term of supervised probation 

• Regular check-ins with a probation officer

• Drug and alcohol testing at probation's discretion 

• Mental Health Evaluations and Treatment

• Substance Abuse Evaluations and Treatment

• Restitution to victims 

• Courses (ex. Making Better Choices, Anger Management, etc.)

  

We have also found that deferred sentences are an equity driver within the criminal justice system. While the District Attorney’s office operates downstream of many other societal factors that lead people to our office, we are committed to ensuring we are part of the solution to reduce racial and ethnical disparities. Our data has shown that we offer these opportunities equally across race and ethnicity and the opportunity itself serves to reduce potential unequal consequences of criminal justice system involvement.

At the end of 2023, our office sentenced more individuals to Deferred Sentences than Probation Sentences for the first time. It is important to note that in Quarter 2 of 2020, State Legislation reclassified several Drug Felonies as Drug Misdemeanors. With fewer drug offenses being filed as felonies, there were fewer Deferred and Probation Sentences ordered. 

Continued selection of appropriate cases and monitoring of recidivism will ensure we are providing opportunities for rehabilitation to the correct population, focusing on crime reduction, and using taxpayer resources effectively.