HB 23-1292

Abstract

Current law requires the court to sentence a person convicted of 2 or more separate crimes of violence arising out of the same incident so that the person's sentences are served consecutively rather than concurrently. For offenses committed on or after July 1, 2023, the act allows a person to petition the court for a modification of the consecutive sentences imposed after at least 2 calendar years but no more than 5 calendar years after the final judgment of conviction or sentence is entered. The court may modify the terms of the sentence if the court finds substantial mitigating factors surrounding the case and if the person has demonstrated substantial actions toward rehabilitation as evidenced by engagement in positive programming; assigned work; treatment, when available; and behavior that is compliant with the rules of the facility or facilities where the person is or was placed. The act allows the court to sentence the defendant to concurrent sentences for 2 or more crimes of violence arising from the same incident when: The parties agreed to waive ineligibility for concurrent sentences; or The following factors are proven by a preponderance of the evidence by the defendant or stipulated by the parties at the sentencing hearing: The defendant has no prior felony convictions for a victim rights offense; and The defendant did not use or possess a firearm or explosive in the commission of the offense or threaten the use of a firearm or explosive during the commission of the offense; and The defendant's action did not result in serious bodily injury or death. For offenses committed on or after July 1, 2023, a defendant convicted and sentenced as an habitual offender who has been sentenced to 24 years or more and has served at least 10 calendar years of the sentence is allowed to petition the court for a modification of that sentence and any other habitual sentence. The defendant has the burden of demonstrating, by a preponderance of the evidence, that there are substantial mitigating factors regarding the circumstances of the offense or offenses or mitigating factors regarding the circumstances of the defendant at the time of conviction; that the defendant has demonstrated positive, engaged, and productive behavior in the department of corrections; and that the defendant does not currently present a risk to the community at large. If the court determines that a modification of sentence is justified, the court may resentence the defendant to a term of at least the midpoint in the aggravated range for the class of felony for which the defendant was convicted, up to a term less than the current sentence. APPROVED by Governor June 1, 2023 EFFECTIVE July 1, 2023 (Note: This summary applies to this bill as enacted.)