House Committee of Reference Report

Committee on Judiciary

All text that will be removed from the bill will be indicated by strikethrough as follows:

This is text that is removed from law.

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  • This all capitals text would be added to law.
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April 29, 2026

After consideration on the merits, the Committee recommends the following:

SB26-015     be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Page 1, Line 1Amend reengrossed bill, page 4, line 5, strike "probation" and substitute

Page 1, Line 2"probation, in addition to the requirements of section 18-1.3-1007

Page 1, Line 3(1)(a),".

Page 1, Line 4Page 9, after line 3 insert:

Page 1, Line 5"SECTION 10.  In Colorado Revised Statutes, 18-1.3-202, amend

Page 1, Line 6(1)(a); and add (1)(c) as follows:

Page 1, Line 718-1.3-202.  Probationary power of court.

Page 1, Line 8(1) (a)  When it appears to the satisfaction of the court that the

Page 1, Line 9ends of justice and the best interest of the public, as well as the defendant,

Page 1, Line 10will be served thereby, the court may grant the defendant probation for

Page 1, Line 11such period and upon such terms and conditions as it deems best. The

Page 1, Line 12length of probation shall be subject to the discretion of the court and may

Page 1, Line 13exceed the maximum period of incarceration authorized for the

Page 1, Line 14classification of the offense of which the defendant is convicted but shall

Page 1, Line 15not exceed five years for any misdemeanor or petty offense. If the court

Page 1, Line 16chooses to grant the defendant probation, the order placing the defendant

Page 1, Line 17on probation shall take effect upon entry and, if any appeal is brought,

Page 1, Line 18shall remain in effect pending review by an appellate court unless the

Page 1, Line 19court grants a stay of probation pursuant to section 16-4-201. Unless an

Page 1, Line 20appeal is filed that raises a claim that probation was granted contrary to

Page 1, Line 21the provisions of this title, the trial court shall retain jurisdiction of the

Page 1, Line 22case for the purpose of adjudicating complaints filed against the

Page 1, Line 23defendant that allege a violation of the terms and conditions of probation.

Page 1, Line 24In addition to imposing other conditions, the court has the power to

Page 1, Line 25commit the defendant to any jail operated by the county or city and county

Page 1, Line 26in which the offense was committed during such time or for such intervals

Page 1, Line 27within the period of probation as the court determines. Except as

Page 2, Line 1described in subsection (1)(b) subsections (1)(b) and (1)(c) of this

Page 2, Line 2section, the aggregate length of any such commitment whether continuous

Page 2, Line 3or at designated intervals may not exceed ninety days for a felony, sixty

Page 2, Line 4days for a misdemeanor, or ten days for a petty offense unless it is a part

Page 2, Line 5of a work release program pursuant to section 18-1.3-207. That the

Page 2, Line 6defendant submit to commitment imposed under this section is deemed

Page 2, Line 7a condition of probation.

Page 2, Line 8(c)  For a defendant who is convicted of an offense

Page 2, Line 9described in section 18-7-402, the aggregate length of any

Page 2, Line 10commitment to a county jail is determined as provided in section

Page 2, Line 1118-7-402 (2)(d).".

Page 2, Line 12Renumber succeeding sections accordingly.