C.R.S. tit. 16, art. 17 — Commutation of Sentence | Colorado Revised Statutes (2024 edition) — Colorado

C.R.S. § 16-17-101 Governor may commute sentence

16-17-101. Governor may commute sentence. The governor is hereby fully authorized, when he deems it proper and advisable and consistent with the public interests and the rights and interests of the condemned, to commute the sentence in any case by reducing the penalty in a capital case to imprisonment for life or for a term of not less than twenty years at hard labor.

C.R.S. § 16-17-102 Application - character certificate

16-17-102. Application - character certificate. (1) After a conviction, all applications for commutation of sentence or pardon for crimes committed must be accompanied by a certificate of the respective superintendent of the correctional facility, showing the conduct of an applicant during the applicant's confinement in the correctional facility, together with such evidences of former good character as the applicant is able to produce. Before the governor approves such application, it must be first submitted to the present district attorney of the district in which the applicant was convicted and to the judge who sentenced and the attorney who prosecuted at the trial of the applicant, if available, for such comment as they may deem proper concerning the merits of the application, so as to provide the governor with information upon which to base the governor's action. The governor shall make reasonable efforts to locate the judge who sentenced and the attorney who prosecuted at the trial of the applicant and shall afford them a reasonable time, not less than fourteen days, to comment on such applications. The requirements of this section are deemed to have been met if the persons to whom the application is submitted for comment do not comment within fourteen days after their receipt of the application or within such other reasonable time in excess of fourteen days as specified by the governor, or if the sentencing judge or prosecuting attorney cannot be located, are incapacitated, or are otherwise unavailable for comment despite the good-faith efforts of the governor to obtain their comments. Good character previous to conviction, good conduct during confinement in the correctional facility, the statements of the sentencing judge and the district attorneys, if any, and any other material concerning the merits of the application must be given such weight as seems just and proper to the governor, in view of the circumstances of each particular case, with due regard for the reformation of the accused. The governor has sole discretion in evaluating said comments and in soliciting other comments the governor deems appropriate. (2) The governor may grant pardons to a class of defendants who were convicted of the possession of up to two ounces of marijuana. The requirements of subsection (1) of this section do not apply to defendants who were convicted of the possession of up to two ounces of marijuana, but the governor may make any inquiry as deemed appropriate to seek any relevant information necessary from any person or agency to reach an informed decision.

C.R.S. § 16-17-103 Effect of pardon and commutation of sentence - definitions

16-17-103. Effect of pardon and commutation of sentence - definitions. (1) A pardon issued by the governor shall waive all collateral consequences associated with each conviction for which the person received a pardon unless the pardon limits the scope of the pardon regarding collateral consequences. (2) If the governor grants a pardon or a request for commutation of sentence, the governor shall provide a copy of the pardon or commutation of sentence to the Colorado bureau of investigation, and the Colorado bureau of investigation shall note in the individual's record in the Colorado crime information center that a pardon was issued or commutation of sentence was granted. (3) For purposes of this section, "collateral consequences" means a penalty, prohibition, bar, disadvantage, or disqualification, however denominated, imposed on an individual as a result of the individual's conviction of an offense, which penalty, prohibition, bar, or disadvantage applies by operation of law regardless of whether the penalty, prohibition, bar, or disadvantage is included in the judgment or sentence. "Collateral consequences" does not include imprisonment, probation, parole, supervised release, forfeiture, restitution, fine, assessment, or costs of prosecution.