Colorado Survivor Justice Act

If a defendant raises the affirmative defense of self-defense, the bill authorizes the defendant to offer relevant evidence of an act of violence committed by the alleged victim that is known to the defendant or perpetrated against the defendant and that affects the reasonableness of the defendant's belief in their justification in using self-defense.

The bill creates an alternative mandatory sentence for a defendant who is a victim of an act of violence if the court determines, based on the relevant evidence presented, that the act of violence was a significant contributing factor to the offense for which the defendant is being sentenced. If a victim-defendant meets the criteria, the court is not required to sentence the victim-defendant to the department of corrections and the victim-defendant is eligible for probation or other alternative sentences. A victim-defendant convicted of certain criminal offenses is not eligible for alternative sentencing.

The bill authorizes an individual serving a sentence with the department of corrections to file a petition with the court where the conviction was obtained requesting post-conviction relief from the terms of the sentence (petition) if the individual is a victim of an act of violence and:

• If an offense resulting in conviction was committed before July 1, 2026; and
• If the victim-petitioner received a sentence in the case of 15 years or more to the department of corrections, excluding the parole term of the sentence.

The petition must allege that the victim-petitioner was subjected to an act of violence and that the act of violence was a significant contributing factor to the offense for which the victim-petitioner was initially sentenced. The court shall determine whether to grant a hearing on the petition and, based on the evidence presented, determine by a preponderance of the evidence if the victim-petitioner was subjected to an act of violence and if the following criteria are met:

• The act of violence was a significant contributing factor to the offense; or
• The prosecution agrees that the best interests of justice and the welfare of society would be served by departure from the presumptive sentencing range initially imposed.

If the court determines the victim-petitioner meets the criteria, the victim-petitioner may file a motion for reconsideration and reduction of the initial sentence. A victim-petitioner convicted of certain criminal offenses is not eligible for post-conviction relief.

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