Colorado
How Long Is a Life Sentence in Colorado? (2026 Guide)
Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. · 3 primary sources cited on this page. How we verify our legal content

In Colorado, first-degree murder under C.R.S. 18-3-102 carries a mandatory life sentence. Parole eligibility depends on when the offense occurred: 10 years for pre-1977 crimes, 20 years for 1977-1985, and 40 years for offenses between July 1, 1985 and June 30, 1990. For offenses committed on or after July 1, 1990, which covers essentially every first-degree murder committed today, the sentence is mandatory life WITHOUT the possibility of parole (C.R.S. § 17-22.5-104), with no parole-eligibility date at all.
This article was last reviewed and updated on March 17, 2026. All statutes, case law, and sentencing data have been verified against current Colorado government sources.
In Colorado, a life sentence does not have a single, fixed meaning. The number of years a person must serve before becoming eligible for parole depends almost entirely on when the offense was committed. Someone convicted of a crime before July 1977 could be eligible for parole after just 10 years, while someone convicted between July 1985 and June 1990 must serve a minimum of 40 years. Anyone convicted of an offense committed on or after July 1, 1990, which covers every murder committed today, instead receives mandatory life WITHOUT the possibility of parole, with no eligibility date at all.
This tiered system, three parole-eligible windows followed by a mandatory-LWOP cutoff in 1990, makes Colorado unusual among states. Combined with the 2020 abolition of the death penalty and ongoing legislative reform efforts, Colorado's approach to life sentencing has undergone significant transformation in recent decades.
Colorado Life Sentence Statutes
Colorado's criminal code defines murder and its penalties across several key statutes.
First-Degree Murder (C.R.S. § 18-3-102): A person commits first-degree murder if they, after deliberation and with intent to cause the death of another person, cause the death of that person or another. First-degree murder also includes felony murder, a death that occurs during the commission of certain enumerated felonies. First-degree murder is a Class 1 felony carrying a mandatory sentence of life imprisonment.
Second-Degree Murder (C.R.S. § 18-3-103): A person commits second-degree murder if they knowingly cause the death of another person. This is a Class 2 felony. The presumptive sentencing range is 16 to 48 years, though aggravating factors can push the sentence higher.
Sentencing for First-Degree Murder (C.R.S. § 18-1.3-1201): This statute governs the sentencing framework for Class 1 felonies; the death penalty's abolition in 2020 made life imprisonment without parole the maximum (not just an alternative) sentence for first-degree murder. But LWOP itself is far older than that: under C.R.S. § 17-22.5-104, any Class 1 felony (including first-degree murder) committed on or after July 1, 1990 has carried mandatory life imprisonment without the possibility of parole, regardless of the death penalty's later abolition.
Manslaughter (C.R.S. § 18-3-104): Recklessly causing the death of another person, or intentionally causing or aiding another person's suicide, is manslaughter, a Class 4 felony carrying 2 to 6 years for the basic offense. Colorado has no separate heat-of-passion manslaughter offense: a killing upon a sudden heat of passion is instead treated as second-degree murder reduced to a Class 3 felony under C.R.S. § 18-3-103(3)(b).
Parole Eligibility: The Variable Timeline
This is the most critical and unusual feature of Colorado's life sentencing system. The Colorado General Assembly has changed parole eligibility rules multiple times, and the law that was in effect at the time of the offense controls whether and when a life-sentenced person can seek parole.

Before July 1, 1977: 10 Years
Individuals convicted of first-degree murder for offenses committed before July 1, 1977, become eligible for parole consideration after serving 10 years. This reflects the sentencing philosophy of the era, which generally favored rehabilitation and indeterminate sentences.
Very few people remain incarcerated under this framework, given the nearly 50 years that have passed. However, those who were denied parole repeatedly, or who committed their offenses as young adults, may still be affected.
July 1, 1977 to June 30, 1985: 20 Years
For offenses committed during this eight-year window, the minimum time before parole eligibility is 20 years. The Colorado legislature doubled the minimum during this period as part of a nationwide trend toward tougher sentencing.
July 1, 1985 to June 30, 1990: 40 Years
For offenses committed during this five-year window, a life sentence carries a minimum of 40 years before parole eligibility, among the longest parole minimums in the country at the time. At 40 years, many life-sentenced individuals from this cohort will be elderly before they are even eligible for a hearing, and eligibility does not guarantee release. The Colorado Board of Parole evaluates each case individually, considering the nature of the offense, institutional conduct, risk assessment, victim impact, and release planning.
On or After July 1, 1990: Mandatory Life Without Parole
For offenses committed on or after July 1, 1990, which covers every first-degree murder committed today, Colorado law (C.R.S. § 17-22.5-104) makes life imprisonment WITHOUT the possibility of parole the mandatory sentence, with no numeric years-to-parole figure at all. The only paths to release are executive clemency from the governor or a successful court appeal resulting in resentencing. (A narrow exception applies to juveniles convicted as adults of a Class 1 felony after being direct-filed or transferred into district court: under C.R.S. § 18-1.3-401(4)(b) and § 17-22.5-104(2)(d)(IV)-(V), they may be eligible for parole after 40 years, less earned time. The exception covers offenses committed on or after July 1, 2006, and, under § 17-22.5-104(2)(d)(V), offenses committed from July 1, 1990 through June 30, 2006.)
Life Without Parole (LWOP)
Life without the possibility of parole (LWOP) has been the mandatory sentence for a first-degree murder committed on or after July 1, 1990, under C.R.S. § 17-22.5-104, three decades before Colorado abolished the death penalty in 2020. The 2020 abolition (SB 20-100) simply removed death as an alternative, making LWOP the sole maximum sentence rather than one of two.
For LWOP sentences, there is no parole eligibility date. The only paths to release are executive clemency from the governor or a successful court appeal that results in resentencing.
| Offense Date | Parole Eligibility |
|---|---|
| Before July 1, 1977 | 10 years |
| July 1, 1977 – June 30, 1985 | 20 years |
| July 1, 1985 – June 30, 1990 | 40 years |
| On or after July 1, 1990 (essentially all current offenses) | Never: mandatory LWOP |
Abolition of the Death Penalty
Colorado abolished the death penalty on March 23, 2020, when Governor Jared Polis signed Senate Bill 20-100 into law. The bill passed the state Senate 19-13 and the House 38-27, making Colorado the 22nd state to abolish capital punishment.
The law applied prospectively, eliminating the death penalty for offenses committed on or after July 1, 2020. However, Governor Polis took the additional step of commuting the sentences of all three men on Colorado's death row to life without parole.
The Three Commuted Death Row Inmates
The three men whose sentences were commuted were:
- Robert Ray, sentenced to death in 2009 after his conviction for the first-degree murders of Javad Marshall-Fields, a prosecution witness, and his fiancée Vivian Wolfe
- Sir Mario Owens, sentenced to death in 2008; he was indicted alongside Ray in the same case
- Nathan Dunlap, sentenced to death in 1996 for the 1993 Chuck E. Cheese massacre in Aurora, in which he killed four employees. Dunlap's case had been particularly contentious; former Governor John Hickenlooper issued a temporary reprieve in 2013 rather than allow the execution to proceed.
Governor Polis stated that the commutations were necessary to ensure equal justice, noting that the death penalty was applied inconsistently and disproportionately in Colorado.
Colorado's Last Execution
Colorado last carried out an execution on October 13, 1997, when Gary Lee Davis was put to death by lethal injection for the 1986 kidnapping, sexual assault, and murder of Virginia May. Davis was the first person executed in Colorado since 1967.
In total, Colorado executed only one person during the modern death penalty era (post-1976).
Notable Life Sentence Cases
James Holmes: Aurora Theater Shooting (2015)

On July 20, 2012, James Holmes opened fire inside a Century 16 movie theater in Aurora during a midnight screening of The Dark Knight Rises. He killed 12 people and injured 70 others in one of the deadliest mass shootings in American history.
Holmes was convicted of 24 counts of first-degree murder (two counts per victim) and 140 counts of attempted murder. The prosecution sought the death penalty. During the sentencing phase, the jury deadlocked (unable to reach a unanimous verdict for death) and the judge imposed the mandatory alternative: life without the possibility of parole, plus 3,318 years for the attempted murder and other charges.
Holmes is incarcerated in an undisclosed out-of-state facility for security reasons.
Anderson Lee Aldrich: Club Q Shooting (2023)
On November 19, 2022, Anderson Lee Aldrich opened fire inside Club Q, an LGBTQ+ nightclub in Colorado Springs, killing five people and injuring 19, according to the federal plea agreement. Patrons subdued Aldrich before police arrived.
In June 2023, Aldrich pleaded guilty to five counts of first-degree murder and 46 counts of attempted first-degree murder. The state court imposed five life sentences for the murders, plus additional prison terms on the remaining counts. Because first-degree murder committed after July 1, 1990 carries life without parole, Aldrich will never be eligible for parole on the state sentence.
Federal prosecutors separately brought hate crime and firearms charges. On June 18, 2024, after Aldrich pleaded guilty to 74 federal counts, the federal court imposed 55 concurrent life sentences to run consecutive to 190 years in prison, according to the U.S. Attorney's Office for the District of Colorado.
Christopher Watts: Family Murder (2018)
In August 2018, Christopher Watts strangled his pregnant wife Shanann and their two daughters, Bella (4) and Celeste (3), at their home in Frederick, Colorado. He confessed after initially claiming they had disappeared.
Watts pleaded guilty to multiple counts of first-degree murder and was sentenced to life without the possibility of parole. The plea deal took the death penalty off the table at the request of the victims' family, who did not want a prolonged trial.
The case generated enormous public interest and was the subject of multiple documentaries and a Netflix film.
Recent Legislative Changes
SB 26-115: Sentencing Review for Long-Serving Individuals (Enacted 2026)
Senate Bill 26-115 was signed into law by Governor Polis on June 3, 2026 and took effect August 12, 2026. It creates a formal sentencing review process for individuals who have served extended terms of imprisonment: a person may petition the court if they are 60 years of age or older at the time of filing and have served at least 20 calendar years incarcerated. (The bill as introduced also allowed petitions from people who were under 21 at the time of the offense, but that pathway was removed by Senate amendment before final passage.) Sex offenses, human trafficking, offenses resulting in LWOP, crimes against a victim under 12, and offenses against first responders are excluded from eligibility, and eligible individuals have three years from the effective date to file a petition.
The bill is part of a growing national second look movement. As of September 2025, 25 states plus D.C. and the federal government have enacted some form of second look judicial sentence review policy, according to the Sentencing Project.
SB 26-115 is now in effect. Its enactment represents a significant shift in how Colorado approaches long-term incarceration.
Governor Polis Skips Year-End Clemency (2025)
In a notable departure from recent practice, Governor Jared Polis did not issue any year-end clemency grants in December 2025, the first time he skipped the annual clemency cycle during his tenure. Previous years had seen Polis grant commutations and pardons during the holiday period, consistent with a tradition shared by many governors.
The decision drew criticism from criminal justice reform advocates who had expected action on several pending clemency petitions.
| Year | Change |
|---|---|
| 2026 | SB 26-115 signed into law June 3, 2026, effective August 12, 2026: sentencing review for long-serving individuals |
| 2025 | Gov. Polis skips year-end clemency for first time in tenure |
| 2020 | Death penalty abolished (SB 20-100); 3 death row sentences commuted to LWOP |
| 2018 | Christopher Watts sentenced to LWOP for family murders |
| 2015 | James Holmes sentenced to LWOP for Aurora theater shooting |
| 1997 | Last execution in Colorado (Gary Lee Davis) |
Juvenile Life Sentences in Colorado
Colorado law does not impose life without parole on juveniles convicted of a Class 1 felony as adults. The rule comes from statute, not from the 2020 death penalty abolition: under C.R.S. § 18-1.3-401(4)(b), a person convicted as an adult of a Class 1 felony following direct filing or transfer to district court must be sentenced to life imprisonment with the possibility of parole after 40 years, less any earned time.
The U.S. Supreme Court's ruling in Miller v. Alabama (2012) held that mandatory life without parole for juveniles violates the Eighth Amendment. Colorado's statute had already replaced juvenile LWOP for Class 1 felonies committed on or after July 1, 2006, and C.R.S. § 17-22.5-104(2)(d)(V) extends 40-year parole eligibility to juveniles sentenced for Class 1 felonies committed from July 1, 1990 through June 30, 2006.
Parole eligibility is not release. The Colorado Board of Parole decides whether to grant parole, and a person serving this sentence remains in the legal custody of the Department of Corrections for life, whether or not they are paroled (C.R.S. § 18-1.3-401(4)(b)).
Historical Context
Colorado's approach to life sentencing has evolved considerably over the past century.
Early parole framework: Before the tough-on-crime era, Colorado's sentencing system was indeterminate, with parole boards exercising broad discretion. The 10-year parole minimum for pre-1977 offenses reflects this philosophy.
Tougher sentencing (1977–1985): Like many states during this period, Colorado doubled its parole minimum to 20 years in response to rising crime rates and public demand for longer sentences.
The 40-year minimum (1985): Colorado's decision to set a 40-year minimum for post-1985 life sentences placed it among the strictest states for parole eligibility. This effectively ensured that most life-sentenced individuals would spend the majority of their lives in prison.
Death penalty era: Colorado reinstated the death penalty in 1975 but used it sparingly. Only one execution was carried out during the modern era. Multiple governors expressed reservations about capital punishment, with Hickenlooper's 2013 reprieve of Nathan Dunlap signaling the political shift that ultimately led to abolition.
Abolition and reform (2020–present): The death penalty's elimination and subsequent legislative activity, including the now-enacted SB 26-115 (2026), suggest Colorado is moving toward a more nuanced sentencing framework, though mandatory LWOP for any first-degree murder committed on or after July 1, 1990 remains firmly in place; the 40-year parole minimum now applies only to the narrowing pool of 1985-1990 offenses (plus certain direct-filed juvenile cases).
Colorado Life Sentence at a Glance
| Category | Details |
|---|---|
| Life with parole minimum | 10, 20, or 40 years, but ONLY for offenses before July 1, 1990; mandatory LWOP (no parole) for offenses on/after that date |
| LWOP available | Yes (first-degree murder) |
| Death penalty | Abolished (2020, SB 20-100) |
| Last execution | October 13, 1997 (Gary Lee Davis) |
| Juvenile Class 1 felony (adult court) | Life with parole eligibility after 40 years, less earned time |
| Second-look sentencing review | SB 26-115 (enacted 2026, effective Aug. 12, 2026) |
| Key statutes | C.R.S. 18-3-102, 18-3-103, 18-1.3-1201, 17-22.5-104 |
| Parole board | Colorado Board of Parole |
Related Pages
- How Long Is a Life Sentence? State-by-State Guide
- Murder Sentencing Guidelines for Every State
- What Is Capital Murder?
Frequently Asked Questions
How long is a life sentence in Colorado?
It depends on when the crime was committed. For offenses before July 1977, parole eligibility comes after 10 years. For 1977-1985, it is 20 years. For offenses between July 1985 and June 1990, the minimum is 40 years before parole eligibility. For any offense committed on or after July 1, 1990, including every murder committed today, the sentence is mandatory life without parole (LWOP), with no possibility of release except executive clemency.
Does Colorado have the death penalty?
No. Colorado abolished the death penalty in 2020 when Governor Polis signed SB 20-100. The three inmates on death row had their sentences commuted to life without parole. Colorado's last execution was in 1997.
Can you get parole on a life sentence in Colorado?
Yes, but only for offenses committed before July 1, 1990 (10, 20, or 40 years depending on the exact date) or in narrow juvenile direct-file cases. For any offense committed on or after July 1, 1990, which covers virtually all current cases, the sentence is mandatory LWOP with no parole eligibility at all. When parole is available, the Colorado Board of Parole decides whether to grant release after an individualized hearing.
What is the sentence for first-degree murder in Colorado?
First-degree murder (C.R.S. 18-3-102) is a Class 1 felony carrying a mandatory sentence of life imprisonment. For an offense committed on or after July 1, 1990, which covers essentially all current convictions, that sentence is mandatory life WITHOUT the possibility of parole. Only offenses committed between July 1985 and June 1990 (or certain direct-filed juvenile cases) can carry life with parole eligibility after 40 years.
Can juveniles get life without parole in Colorado?
Not for a Class 1 felony. Under C.R.S. 18-1.3-401(4)(b) and 17-22.5-104(2)(d)(IV)-(V), a juvenile convicted as an adult of a Class 1 felony after direct filing or transfer to adult court receives life with the possibility of parole after 40 years, less earned time. This comes from Colorado's sentencing statutes, not from the 2020 death penalty abolition.
Updates
Punctuation restored where an automated edit had produced comma splices.
Corrected the juvenile sentencing rules (life with parole eligibility after 40 years under C.R.S. 18-1.3-401(4)(b) and 17-22.5-104), the manslaughter penalty description, the death-row commutation details and the Club Q sentences, and removed an unsupported claim about 2021 emerging-adult sentencing guidelines.
Corrected Colorado's parole-eligibility timeline: the page's '40 years to parole' figure only applies to offenses committed between July 1985 and June 1990; any first-degree murder committed on or after July 1, 1990 (including every case committed today) carries mandatory life WITHOUT the possibility of parole, a rule that predates and is unrelated to the 2020 death-penalty abolition. Also updated SB 26-115, the second-look sentencing-review bill described as 'pending,' to reflect that it was signed into law June 3, 2026 and took effect August 12, 2026, with its actual eligibility criteria and exclusions.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Colorado Revised Statutes, Title 17: Corrections
§ 17-22.5-104Parole - regulationsIn force
(1) Any inmate in the custody of the department may be allowed to go on parole in accordance with section 17-22.5-403, subject to the provisions and conditions contained in this article and article 2 of this title. (2) (a) No inmate imprisoned under a life sentence for a crime committed before July 1, 1977, shall be paroled until such inmate has served at least ten calendar years, and no application for parole shall be made or considered during such period of ten years. (b) No inmate imprisoned under a life sentence for a crime committed on or after July 1, 1977, but before July 1, 1985, shall be paroled until such inmate has served at least twenty calendar years, and no application for parole shall be made or considered during such period of twenty years. (c) (I) Except as described in section 18-1.3-401 (4)(c), C.R.S., and in subparagraphs (IV) and (V) of paragraph (d) of this subsection (2), no inmate imprisoned under a life sentence for a crime committed on or after July 1, 1985, shall be paroled until such inmate has served at least forty calendar years, and no application for parole shall be made or considered during such period of forty years.
Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library · Verify at olls.info
Colorado Revised Statutes, Title 18: Criminal Code
§ 18-3-102Murder in the first degreeIn force
(1) A person commits the crime of murder in the first degree if: (a) After deliberation and with the intent to cause the death of a person other than himself, he causes the death of that person or of another person; or (b) Repealed. (c) By perjury or subornation of perjury he procures the conviction and execution of any innocent person; or (d) Under circumstances evidencing an attitude of universal malice manifesting extreme indifference to the value of human life generally, he knowingly engages in conduct which creates a grave risk of death to a person, or persons, other than himself, and thereby causes the death of another; or (e) He or she commits unlawful distribution, dispensation, or sale of a controlled substance to a person under the age of eighteen years on school grounds as provided in section 18-18-407 (2), or 18-18-407 (1)(g)(I) for offenses committed on or after October 1, 2013, and the death of such person is caused by the use of such controlled substance; or (f) The person knowingly causes the death of a child who has not yet attained twelve years of age and the person committing the offense is one in a position of trust with respect to the victim.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at olls.info
Cited in 19 court opinions in our collectionLatest citing opinion in our collection: 2019
Opinions citing this section in our collection:
- People v. Wood (Supreme Court of Colorado 2019, 433 P.3d 585)“…[felony murder], both counts 1 & 2 [as charged] are C.R.S. 18-3-102, F-1 Count 3, Aggravated Robbery…”
- People v. Glover (Supreme Court of Colorado 1995, 19 Brief Times Rptr. 674)“…onviction of first *1316 degree murder under C.R.S. 18-3-102. The addition of “(l)(a)” after C.R.S.…”
- People v. Harlan (Supreme Court of Colorado 2000, 8 P.3d 448)“…tial step toward the commission of the crime, as defined by C.R.S. § 18-3-102, in that the defendant did voluntarily…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 18-3-103Murder in the second degree - definitionsIn forcecited in 2 of our articles
(1) A person commits the crime of murder in the second degree if: (a) The person knowingly causes the death of a person; or (b) Acting either alone or with one or more persons, he or she commits or attempts to commit felony arson, robbery, burglary, kidnapping, sexual assault as prohibited by section 18-3-402, sexual assault in the first or second degree as prohibited by section 18-3-402 or 18-3-403, as those sections existed prior to July 1, 2000, or a class 3 felony for sexual assault on a child as provided in section 18-3-405 (2), or the felony crime of escape as provided in section 18-8-208, and, in the course of or in furtherance of the crime that he or she is committing or attempting to commit, or of immediate flight therefrom, the death of a person, other than one of the participants, is caused by any participant.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at olls.info
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2021
Opinions citing this section in our collection:
- People v. Kintzele (Supreme Court of Colorado 2017, 409 P.3d 680)“…second-degree murder, a class-three felony, in violation of C.R.S. §§ 18-3-103(1) (murder in the second degree) and 18…”
- Blackman v. Gaebler (In Re Gaebler) (District Court, E.D. Pennsylvania 1988, 88 B.R. 62)“…e death of a person knowingly, but not after deliberation.” C.R.S. Section 18-3-103(l)(a). The requisite culpability of sec…”
- Schauerman v. Neet (Court of Appeals for the Tenth Circuit 2002, 49 F. App'x 850)“…ed guilty in February 1989 to murder in the second degree, Colo. Rev. Stat. § 18-3-103(1) (1989), and to having committed a cr…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Colorado Manslaughter and Vehicular Homicide Laws (2026)
§ 18-3-104ManslaughterIn forcecited in 2 of our articles
(1) A person commits the crime of manslaughter if: (a) Such person recklessly causes the death of another person; or (b) Such person intentionally causes or aids another person to commit suicide. (c) (Deleted by amendment, L. 96, p. 1844, § 13, effective July 1, 1996.) (2) Manslaughter is a class 4 felony. (3) This section shall not apply to a person, including a proxy decision-maker as such person is described in section 15-18.5-103, C.R.S., who complies with any advance medical directive in accordance with the provisions of title 15, C.R.S., including a medical durable power of attorney, a living will, or a cardiopulmonary resuscitation (CPR) directive. (4) (a) This section shall not apply to a medical caregiver with prescriptive authority or authority to administer medication who prescribes or administers medication for palliative care to a terminally ill patient with the consent of the terminally ill patient or his or her agent.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at olls.info
Cited in 7 court opinions in our collectionLatest citing opinion in our collection: 2018
Opinions citing this section in our collection:
- United States v. Armijo (Court of Appeals for the Tenth Circuit 2011, 651 F.3d 1226)“…ev. Stat. § 18-3-206, and his 2002 manslaughter conviction, Colo.Rev.Stat. § 18-3-104(a). Armijo objected to the application…”
- Washington v. Glucksberg (Supreme Court of the United States 1997, 521 U.S. 702)“…104(a)(2) (1993); Cal. Penal Code Ann. § 401 (West 1988); Colo. Rev. Stat. § 18-3-104 (1)(b) (Supp. 1996); Conn. Gen. Stat. §…”
- United States v. Dennis Swingler, Jack E. Houser, Jr., Ralph W. Vicory, James D. Jahnke, Jerald W. Richardson, Larry Lee Richardson (Court of Appeals for the Tenth Circuit 1985, 758 F.2d 477)“…on the drug charges he pled guilty to. See Colo.Rev.Stat. §§ 18-3-104,' 18-1-105 (1978, 1984 Cum.Supp.).…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 18-1.3-1201Imposition of sentence in class 1 felonies - appellate review - applicabilityIn force
(1) (a) Upon conviction of guilt of a defendant of a class 1 felony, the trial court shall conduct a separate sentencing hearing to determine whether the defendant should be sentenced to death or life imprisonment, unless the defendant was under the age of eighteen years at the time of the commission of the offense or unless the defendant has been determined to be a mentally retarded defendant or a defendant with an intellectual and developmental disability pursuant to part 11 of this article 1.3, in either of which cases, the defendant must be sentenced to life imprisonment. The trial judge shall conduct the hearing before the trial jury as soon as practicable. Alternate jurors shall not be excused from the case prior to submission of the issue of guilt to the trial jury and must remain separately sequestered until a verdict is entered by the trial jury. If the verdict of the trial jury is that the defendant is guilty of a class 1 felony, the alternate jurors must sit as alternate jurors on the issue of punishment.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at olls.info
§ 18-1.3-401Felonies classified - presumptive penaltiesIn forcecited in 12 of our articles
(1) (a) (I) As to any person sentenced for a felony committed after July 1, 1979, and before July 1, 1984, felonies are divided into five classes which are distinguished from one another by the following presumptive ranges of penalties which are authorized upon conviction: Class Presumptive Range 1 Life imprisonment or death 2 Eight to twelve years plus one year of parole 3 Four to eight years plus one year of parole 4 Two to four years plus one year of parole 5 One to two years plus one year of parole (II) As to any person sentenced for a felony committed on or after July 1, 1984, and before July 1, 1985, felonies are divided into five classes which are distinguished from one another by the following presumptive ranges of penalties which are authorized upon conviction: Class Presumptive Range 1 Life imprisonment or death 2 Eight to twelve years 3 Four to eight years 4 Two to four years 5 One to two years (III) (A) As to any person sentenced for a felony committed on or after July 1, 1985, except as otherwise provided in subsection (1)(a)(III)(E) or (1)(a)(III)(F) of this section, in addition to, or in lieu of, any sentence to imprisonment, probation, community…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at olls.info
Also relied on in: Colorado Smart Glasses Recording Laws 2026, Colorado Age of Consent Laws: Statutes, Penalties and Reporting, Colorado Assault Laws: First, Second and Third Degree Penalties
Sources and References
- C.R.S. § 18-3-102(law.justia.com)
- C.R.S. § 18-3-103(law.justia.com)
- C.R.S. § 18-1.3-1201(law.justia.com)
- C.R.S. § 18-3-104(law.justia.com)
- Colorado Board of Parole(colorado.gov).gov
- Sentencing Project(sentencingproject.org)
- *Miller v. Alabama*(law.cornell.edu).gov
- C.R.S. § 17-22.5-104(law.justia.com)
- SB 26-115 (Colorado General Assembly)(leg.colorado.gov).gov
- Colorado Revised Statutes Title 17 (C.R.S. 17-22.5-104), Office of Legislative Legal Services(olls.info)
- Colorado Revised Statutes Title 18 (C.R.S. 18-1.3-401, 18-3-103, 18-3-104), Office of Legislative Legal Services(olls.info)
- U.S. Attorney's Office, District of Colorado: Club Q federal sentencing (June 18, 2024)(justice.gov)
- People v. Ray, Colorado Supreme Court (2011)(courtlistener.com)