Colorado Laws

JCOIN Drug Induced Homicide Specific

Question:

Are there mitigating factors that influence sentencing for this statute?

Answer:
Yes
This answer is derived from 2 section of law
Citation:
  • citation 1: see full citation
    (A)  If the felony for which the person was convicted is murder in the first degree, as described in section 18-3-102 (1)(b), then the district court, after holding a hearing, may sentence the person to a determinate sentence within the range of thirty to fifty years in prison, less any earned time granted pursuant to section 17-22.5-405, C.R.S., if, after considering the factors described in subparagraph (II) of this paragraph (c), the district court finds extraordinary mitigating circumstances. Alternatively, the court may sentence the person to a term of life imprisonment with the possibility of parole after serving forty years, less any earned time granted pursuant to section 17-22.5-405, C.R.S. see full law
  • citation 2: see full citation
    (B)  If the felony for which the person was convicted is not murder in the first degree, as described in section 18-3-102 (1)(b), then the district court shall sentence the person to a term of life imprisonment with the possibility of parole after serving forty years, less any earned time granted pursuant to section 17-22.5-405, C.R.S.(II)  In determining whether extraordinary mitigating circumstances exist, the court shall conduct a sentencing hearing, make factual findings to support its decision, and consider relevant evidence presented by either party regarding the following factors:(A)  The diminished culpability and heightened capacity for change associated with youth;(B)  The offender's developmental maturity and chronological age at the time of the offense and the hallmark features of such age, including but not limited to immaturity, impetuosity, and inability to appreciate risks and consequences;(C)  The offender's capacity for change and potential for rehabilitation, including any evidence of the offender's efforts toward, or amenability to, rehabilitation;(D)  The impact of the offense upon any victim or victim's immediate family; and(E)  Any other factors that the court deems relevant to its decision, so long as the court identifies such factors on the record. see full law