CO HB1323

Department of Corrections must request written clarification from the court within two business days if a mittimus fails to specify whether sentences are consecutive or concurrent for defendants with two or more incarceration terms.

Courts must respond in writing within two business days to clarify the mittimus and reflect the sentence previously entered in open court, providing copies to counsel for prosecution and defense.

Department of Corrections cannot determine a defendant's parole eligibility date or mandatory release date until receiving court clarification on the mittimus.

Courts must confirm before remitting any mittimus to the Department of Corrections that it properly reflects the sentencing order and includes all necessary information about whether sentences are concurrent or consecutive to other counts or cases.