Understanding Colorado Probation And The Conditions of Probation
By Colorado Criminal Probation Violation Defense Lawyer – H. Michael Steinberg
A Colorado Order of Probation Sentence – Denver Probation Rules And Law
The Meaning Of Being “Placed On Probation”
Understanding Colorado Probation And The Conditions of Probation – The decision to “take” an offer of probation may sound like a good idea at first. But you if you agree to probation – you must understand that – if it is supervised – as most sentences are – you may be one complaint to revoke your probation away from a jail or even a prison sentence.
Probation violations are usually no surprise to the person on probation. They can “see it coming.” Before you are in trouble – you should contact an experienced Denver probation violation attorney for a free consultation.
Get Advice Early – Don’t Bury Your Head In The Sand
If you see a complaint for a violation of probation coming – either a felony or misdemeanor probation violation seek to clarify your rights and options before you are arrested.
Even more important – consider whether you can COMPLY with the various terms and conditions of probation in the first place. If you are offered a plea to probation consider the risks inherent in the plea agreement.
Those risks and benefits are:
If you violate your probation you may be arrested on what is called a “no bond” warrant.
If you receive a sentence to probation you may be eligible to apply for early termination of probation after you have completed all of the conditions of probation.
A Grant Of Probation In Colorado
Many years ago – the Colorado Supreme Court held that the basic purpose of probation was to provide a program which offers an offender the opportunity to rehabilitate himself without confinement, under the tutelage of a probation officer and under the continuing power of the court to impose a sentence for the original offense.
The Court said that “the program of probation should envisage only such terms and conditions as are clearly and specifically spelled out in the statutes, and such other conditions as fit the probationer by education and rehabilitation to take his place in society.”
The Conditions of Probation – What Are The Usual STANDARD Conditions Of Probation In Colorado?
If you are sentenced to probation in Colorado, several STANDARD CONDITIONS OF SUPERVISION under Colorado law may apply to you.
Here are the most common:
Ordering THE COSTS OF PROBATION SUPERVISION – paying a monthly payment for the costs of supervision.
Paying any FINES AND COURT COSTS imposed by the court;
Paying RESTITUTION to the alleged victim;
REPORTING to Your Probation Office
NOT POSSESSING ANY WEAPON OR FIREARM unless expressly authorized by the court;
Not CHANGING YOUR RESIDENCE OR EMPLOYMENT OR LEAVING THE COUNTY OF YOUR RESIDENCE WITHOUT YOUR PROBATION OFFICER’S PERMISSION;
NO NEW VIOLATIONS OF LAW
NO USE OF NTOXICANTS OR THE POSSESSION OF ANY NARCOTIC OR DRUG UNLESS PRESCRIBED BY YOUR PHYSICIAN, nor may you go to any location where dangerous substances, drugs or intoxicants are unlawfully used, sold or dispensed.
NO ASSOCIATION WITH ANY CO-DEFENDANT during the period of probation.
MAY NOT ASSOCIATE WITH ANY PERSON ENGAGE IN ANY CRIMINAL CONDUCT;
OBTAIN LAWFUL EMPLOYMENT and may be compelled to tell your employer of your probation.
MUST ALLOW AN OFFICER TO COME INTO YOUR HOME OR PLACE OF EMPLOYMENT.
PAY FOR AND SUBMIT TO RANDOM CHEMICAL TESTING FOR DRUGS OR ALCOHOL requested by your probation officer or the staff of a treatment center.
ENTRY OF THE MANDATORY PROTECTION ORDER that you may not harass, molest, intimidate, retaliate against, or tamper with the victim of or any prosecution witnesses to the crime…
The Conditions of Probation- What Are The SPECIAL Conditions Of Probation In Colorado?
If you are sentenced to probation in Colorado, for specific kinds of crimes several SPECIAL CONDITIONS OF SUPERVISION under Colorado law may apply to you.
Special Conditions Of Probation Turn On The Nature Of The Charges
The Court may also impose certain special conditions of your Colorado probation, which are usually negotiated as a part of your sentence before you enter the plea. Special conditions which can be imposed by the courts in Colorado for either a misdemeanor or felony offense can include one or more of the following: (There is a great deal of overlap with the standard conditions of probation)
Submit to and pay for a mental health evaluation and any recommended treatment deemed necessary;
Submit to and pay for a Drug Treatment Program and aftercare program;
Submit to a monthly urine test (urinalysis) to determine whether you have ingested any alcohol or illegal drugs:
Not go to any bar or other establishment where the primary focus of the business is selling or distributing alcoholic beverages;
Submit to a warrantless search of your personal effects, vehicle, person or property if requested by your probation or community control officer or any law enforcement officer;
Abide by any curfew;
Complete community service hours at a placed approved by your probation officer;
Submit to and pay for electronic monitoring;
Not have any direct or indirect contact with the victim or the victim’s family in the case during the term of probation;
Obtain or maintain full time employment or school as a full time student during the term of the probation;
Obtain a GED or high school equivalency diploma;
Attend Narcotics Anonymous (NA) or Alcoholics Anonymous (AA) meetings as directed by the court;
Complete Domestic Violence Program;
If you are sentenced to Drug Court Probation, you must comply with certain special conditions of supervision that can include paying for and successfully completing a specialized drug treatment program on an in-patient or out-patient basis which may include random urine tests (urinalysis) and counseling sessions.
Reasonable Geographic Restrictions On Your Freedom
To determine whether a specific geographic restriction is reasonably related to the statutory purposes of probation, the following factors should be considered:
(1) Whether the restriction is reasonably related to the underlying offense;
(2) whether the restriction is punitive to the point of being unrelated to rehabilitation;
(3) whether the restriction is unduly severe and restrictive because the defendant resides in the area and is forced to relocate or is employed or anticipates employment in the area;
(4) whether the defendant may petition the court to lift the restriction temporarily when necessary;
(5) whether less restrictive means are available.
The Actual Law Providing For The Nature And Types Of Conditions Of Probation
§ 18-1.3-204. Conditions of probation
(1) The conditions of probation shall be such as the court in its discretion deems reasonably necessary to ensure that the defendant will lead a law-abiding life and to assist the defendant in doing so.
The court shall provide as explicit conditions of every sentence to probation that the defendant not commit another offense during the period for which the sentence remains subject to revocation, that the defendant make restitution pursuant to part 6 of this article and article 18.5 of title 16, C.R.S., that the defendant comply with any court orders regarding substance abuse testing and treatment issued pursuant to sections 18-1.3-209 and 18-1.3-211 and article 11.5 of title 16, C.R.S., and that the defendant comply with any court orders regarding the treatment of sex offenders issued pursuant to article 11.7 of title 16, C.R.S.
The court shall provide as an explicit condition of every sentence to probation that the defendant not harass, molest, intimidate, retaliate against, or tamper with the victim of or any prosecution witnesses to the crime, unless the court makes written findings that such condition is not necessary.
(1.5) If the defendant is being sentenced to probation as a result of a conviction of a felony offense, a condition of probation shall be that the court shall require the defendant to execute or subscribe a written prior waiver of extradition stating that the defendant consents to extradition to this state and waives all formal proceedings in the event that he or she is arrested in another state while at liberty on such bail bond and acknowledging that he or she shall not be admitted to bail in any other state pending extradition to this state.
(2)(a) When granting probation, the court may, as a condition of probation, require that the defendant:
(I) Work faithfully at a suitable employment or faithfully pursue a course of study or of vocational training that will equip the defendant for suitable employment;
(II) Undergo available medical or psychiatric treatment and remain in a specified institution if required for that purpose. In any case where inpatient psychiatric treatment is indicated, the court shall proceed in accordance with article 65 of title 27, C.R.S., and require the defendant to comply with the recommendation of the professional person in charge of the evaluation required pursuant to section 27-65-105 or 27-65-106, C.R.S.
(III) Attend or reside in a facility established for the instruction, recreation, or residence of persons on probation;
(III.5) Participate in restorative justice practices, as defined in section 18-1-901(3) (o.5), if available in the jurisdiction, requested by the victim who has been informed about restorative justice practices pursuant to section 24-4.1-303(11) (g), C.R.S., and the defendant is determined suitable by a designated restorative justice practices facilitator. To be eligible for restorative justice practices, the defendant shall not have been convicted of unlawful sexual behavior as defined in section 16-22-102(9), C.R.S., a crime in which the underlying factual basis involves domestic violence, as defined in section 18-6-800.3(1), stalking as defined in section 18-3-602, or violation of a protection order as defined in section 18-6-803.5. Any statements made during a restorative justice conference shall be confidential and shall not be used as a basis for charging or prosecuting the defendant unless the defendant commits a chargeable offense during the conference. Failure to complete the requirements arising from a restorative justice conference may be considered a violation of probation. Nothing in this subparagraph (III.5) shall be construed to require a victim to participate in a restorative justice victim-offender conference.
(IV) Support the defendant’s dependents and meet other family responsibilities, including arranging and fulfilling a payment plan for current child support, child support arrearages, and child support debt due under a court or administrative order through any delegate child support enforcement unit that may have a child support case with the defendant;
(V) Pay reasonable costs of the court proceedings or costs of supervision of probation, or both. The probation supervision fee shall be fifty dollars per month for the length of ordered probation. Notwithstanding the amount specified in this subparagraph (V), the court may lower the costs of supervision of probation to an amount the defendant will be able to pay. The court shall fix the manner of performance for payment of the fee. If the defendant receives probation services from a private provider, the court shall order the defendant to pay the probation supervision fee directly to the provider. The fee shall be imposed for the length of ordered probation.
(VI) Pay any fines or fees imposed by the court;
(VI.5) Repay all or part of any reward paid by a crime stopper organization that led to the defendant’s arrest and conviction in accordance with article 15.7 of title 16, C.R.S.;
(VII) Refrain from possessing a firearm, destructive device, or other dangerous weapon unless granted written permission by the court or probation officer;
(VIII) Refrain from excessive use of alcohol or any unlawful use of controlled substances, as defined in section 12-22-303(7), C.R.S., or of any other dangerous or abusable drug without a prescription;
(IX) Report to a probation officer at reasonable times as directed by the court or the probation officer;
(X) Permit the probation officer to visit the defendant at reasonable times at the defendant’s home and elsewhere;
(XI) Remain within the jurisdiction of the court, unless granted permission to leave by the court or the probation officer;
(XII) Answer all reasonable inquiries by the probation officer and promptly notify the probation officer of any change in address or employment;
(XIII) Be subject to home detention as defined in section 18-1.3-106 (1.1);
(XIV) Be restrained from contact with the victim or the victim’s family members in cases in which the defendant was convicted of a crime, the underlying factual basis of which included an act of domestic violence, as defined in section 18-6-800.3(1);
(XIV.5) Be subject to electronic or global position monitoring;
(XV) Satisfy any other conditions reasonably related to the defendant’s rehabilitation and the purposes of probation.
[HMS – DOMESTIC VIOLENCE CASES]
(b) When granting probation, in addition to the consideration of the provisions set forth in paragraph (a) of this subsection (2), the court shall order as a condition of probation in cases in which the defendant was convicted of a crime, the underlying factual basis of which included an act of domestic violence, as defined in section 18-6-800.3(1), that the defendant:
(I) Comply with existing court orders regarding family support;
(II) Comply with any existing court orders concerning a proceeding to determine paternity, custody, the allocation of decision-making responsibility, parenting time, or support;
(III) Comply with the terms of any protection order in effect against the defendant during the probation period;
(IV) Refrain from possessing a firearm, destructive device, or other dangerous weapon, unless granted written permission by the court or probation officer which shall not be granted in such domestic violence cases unless:
(A) It is required by the defendant’s employment; and
(B) The court finds that the defendant’s possession of the weapon does not endanger the victim or the victim’s children; and
(C) The weapon is stored away from the home and the yard surrounding the home.
(c) If the court orders counseling or treatment as a condition of probation, unless the court makes a specific finding that treatment in another facility or with another person is warranted, the court shall order that such treatment or counseling be at a facility or with a person:
(I) Approved by the unit in the department of human services that administers behavioral health programs and services, including those related to mental health and substance abuse, established in article 80 of title 27, C.R.S., if the treatment is for alcohol or drug abuse;
(II) Certified or approved by the sex offender management board, established in section 16-11.7-103, C.R.S., if the offender is a sex offender;
(III) Certified or approved by the domestic violence offender management board created in section 16-11.8-103, C.R.S., if the offender was convicted of or the underlying factual basis of the offense included an act of domestic violence as defined in section 18-6-800.3; or
(IV) Licensed or certified by the division of adult parole in the department of corrections, the department of regulatory agencies, the unit in the department of human services that administers behavioral health programs and services, including those related to mental health and substance abuse, the state board of nursing, or the Colorado medical board, whichever is appropriate for the required treatment or counseling.
[HMS – SEX OFFENDER CASES]
(d) Notwithstanding the provisions of paragraph (c) of this subsection (2), if the court orders counseling or treatment as a condition of probation for an offender convicted of an offense involving unlawful sexual behavior, as defined in section 16-22-102(9), C.R.S., the court shall order such treatment or counseling be at a facility or with a person listed in paragraph (c) of this subsection (2), and the court may not make a specific finding that treatment in another facility or with another person is warranted.
(e) If the defendant is convicted of an offense that subjects the defendant to genetic testing pursuant to section 16-11-102.4, C.R.S., the court shall assess to the defendant the cost of collecting and testing a biological substance sample from the defendant as required in section 16-11-102.4, C.R.S.
(2.3)(a) When granting probation, the court may, as a condition of probation, require any defendant who is less than eighteen years of age at the time of sentencing to attend school or an educational program or to work toward the attainment of a high school diploma or a GED, as that term is defined in section 22-33-102 (4.5), C.R.S.; except that the court shall not require any such juvenile to attend a school from which he or she has been expelled without the prior approval of that school’s local board of education.
(b) Following specification of the terms and conditions of probation for a defendant who is less than eighteen years of age at the time of sentencing, where the conditions of probation include the requirement that the defendant attend school, the court shall notify the school district in which the defendant will be enrolled of such requirement.
(2.5) The order of priority for any payments required of a defendant pursuant to subparagraph (IV), (V), (VI), or (VI.5) of paragraph (a) of subsection (2) of this section shall be as follows:
(a) Payment of a current child support order;
(b) Payment of child support arrearage;
(c) Payment of child support debt order;
(d) Payment of spousal maintenance;
(e) Payment of costs for the crime victim compensation fund, pursuant to section 24-4.1-119, C.R.S.;
(f) Payment of surcharges for the victims and witnesses assistance and law enforcement fund, pursuant to section 24-4.2-104, C.R.S.;
(g) Payment of restitution;
(h) Payment of a time payment fee;
(i) Payment of late fees;
(i.2) Payment of probation supervision fees;
(i.4) Payment of a drug offender surcharge pursuant to article 19 of this title;
(i.6) Payment of a sex offender surcharge pursuant to article 21 of this title;
(i.8) Payment of collection and chemical testing of a biological substance to determine the genetic markers thereof;
(i.9) Payment of a surcharge related to the address confidentiality program pursuant to section 24-30-2114, C.R.S.;
(j) Payment of any other fines, fees, or surcharges; and
(k) Repayment of all or part of any reward paid by a crime stopper organization that led to the defendant’s arrest and conviction.
(3) When a defendant is granted probation, he or she shall be given a written statement explicitly setting forth the conditions on which he or she is being released.
(4) For good cause shown and after notice to the defendant, the district attorney, and the probation officer, and after a hearing if the defendant or the district attorney requests it, the judge may reduce or increase the term of probation or alter the conditions or impose new conditions.
The Conditions of Probation
The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.
H. Michael Steinberg, is a Denver, Colorado criminal defense lawyer who will provide you with a free initial case consultation to evaluate your legal issues and to answer your questions with an honest assessment of your options.
Helping Clients To Make Informed Decisions In the Defense of Colorado Criminal Cases. Colorado Defense Lawyer H. Michael Steinberg provides solid criminal defenses for clients throughout the Front Range of Colorado – including the City and County courts of Adams County, Arapahoe County, City and County of Boulder, City and County of Broomfield, City and County of Denver, Douglas County, El Paso County – Colorado Springs, Gilpin County, Jefferson County, Larimer County, and Weld County,…. and all the other cities and counties of Colorado along the I-25 Corridor… on cases involving …the Conditions of Probation.