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As used in this article, unless the context otherwise requires:
(1) “Home detention” means an alternative correctional sentence or term of probation supervision wherein a defendant convicted of any felony, other than a class 1 or violent felony, is allowed to serve his sentence or term of probation, or a portion thereof, within his home or other approved residence. Such sentence or term of probation shall require the offender to remain within his approved residence at all times except for approved employment, court-ordered activities, and medical needs.
(2) “Offender” means any person who has been convicted of or who has received a deferred sentence for a felony, other than a class 1 or violent felony.
Source: L. 90: Entire article added, p. 967, § 1, effective July 1.
Source: L. 90: Entire article added, p. 967, § 1, effective July 1. L. 94: (1)(d) added, p. 2041, § 23, effective July 1. L. 95: (1)(d) amended, p. 569, § 8, effective July 1. L. 2002: Entire section repealed, p. 1463, § 3, effective October 1.
Editor's note: This section was relocated to section 18-1.3-105.
Cross references: For the legislative declaration contained in the act repealing this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
(1) The division of criminal justice in the department of public safety is hereby authorized to contract with private entities to develop, administer, and operate home detention programs which may be utilized by any sentencing judge pursuant to section 18-1.3-105 (1), C.R.S.
(2) Any home detention program developed pursuant to subsection (1) of this section shall include each of the following components:
(a) Supervision of the offender by personal monitoring by a home detention officer employed by the entity operating the home detention program;
(b) Supervision of the offender through monitoring by electronic devices which are capable of detecting and reporting the offender's presence or absence at such offender's approved residence, place of employment, or other court-approved activity; and
(c) Access for the offender to attend any court-ordered counseling, substance abuse treatment, vocational rehabilitation or training, or education.
Source: L. 90: Entire article added, p. 968, § 1, effective July 1. L. 2002: (1) amended, p. 1509, § 173, effective October 1.
Cross references: For the legislative declaration contained in the 2002 act amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002.
(1) The judicial department is hereby authorized to develop, administer, and operate a home detention program which may be utilized by any sentencing judge pursuant to section 18-1.3-105 (1), C.R.S., or to contract with the division of criminal justice of the department of public safety for the utilization of home detention programs contracted for by that division.
(2) Any home detention program developed pursuant to subsection (1) of this section shall include each of the following components:
(a) Supervision of the offender by personal monitoring by a probation officer employed by the judicial department, or a home detention officer employed by a private entity operating a home detention program;
(b) Supervision of the offender through monitoring by electronic devices which are capable of detecting and reporting the offender's presence or absence at such offender's approved residence, place of employment, or other court-approved activity; and
(c) Access for the offender to attend any court-ordered counseling, substance abuse treatment, vocational rehabilitation or training, or education.
Source: L. 90: Entire article added, p. 969, § 1, effective July 1. L. 93: (1) amended, p. 1776, § 37, effective June 6. L. 2002: (1) amended, p. 1509, § 174, effective October 1.
Cross references: For the legislative declaration contained in the 2002 act amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002.
The department of corrections is hereby authorized to develop, administer, and operate a home detention program or to contract with the division of criminal justice of the department of public safety pursuant to section 17-27.8-103 for a home detention program which may be utilized by the state board of parole for an offender as a condition of parole or modified parole.
Source: L. 90: Entire article added, p. 969, § 1, effective July 1.
If an offender fails to remain within the extended limits of a home detention program as ordered by a sentencing judge, he shall be deemed to have escaped from custody and shall, upon conviction thereof, be punished as provided in section 18-8-208, C.R.S. An offender on parole who fails to remain within the limits of a home detention program shall be deemed to be in violation of parole pursuant to section 17-2-103 (1) (e).
Source: L. 90: Entire article added, p. 969, § 1, effective July 1.
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| Chapter 14 — Applicable Colorado Laws |
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This site is supported and maintained by the Equal Justice Foundation.