HB 17-1288 Summary

• Establishes mandatory sentencing requirements for fourth and subsequent DUI, DUI per se, and DWAI felony offenses, requiring courts to sentence defendants in accordance with Section 18-1.3-401 and new subsection (6.5).

• Requires courts to impose either 90-180 days of county jail time without sentence reductions or work release, or 120 days to two years of county jail through work/school programs, with mandatory public service of 48-120 hours as a condition of probation.

• Mandates courts consider specific factors before imposing sentences to the Department of Corrections, including the defendant's willingness to participate in treatment and whether all other reasonable sanctions have been exhausted or would present an unacceptable public safety risk.

• Moves sentencing provisions for felony DUI offenses from Section 42-4-1301 to the new comprehensive framework in Section 42-4-1307(6.5), consolidating all felony DUI penalty requirements.

• Takes effect August 9, 2017, subject to a November 2018 referendum approval requirement; applies only to offenses committed on or after the effective date.