Post-Conviction Relief for Certain Offenders

The bill sets forth a process for a person in prison to petition for resentencing and for a court to impose a new sentence if:

• The offense resulting in the conviction was committed when the petitioner was younger than 21 years old and the petitioner has served at least 20 calendar years incarcerated for the offense; or
• The petitioner is 60 years old or older at the time of filing the petition and has served at least 20 calendar years incarcerated for the offense.

At the hearing on the petition, the petitioner has the burden to show by a preponderance of the evidence that the petitioner no longer presents an identifiable danger to the safety of any person or the community and that there is good cause for the court to modify the sentence. Certain offenses require that the prosecution agree that the interests of justice would be served by departure from the sentence initially imposed.

Upon the court finding that the petitioner has met their burden, the petitioner is permitted to file a motion for reconsideration and reduction of the initial sentence pursuant to the Colorado rules of criminal procedure. At the hearing on the motion, the court shall determine and impose the appropriate sentence.

(Note: This summary applies to this bill as introduced.)