SB 18-017 Summary

• Grants judges discretion to impose either determinate or indeterminate sentences for sex offenses, replacing the mandatory indeterminate sentence requirement that previously applied to certain sex crimes.

• Establishes sentencing guidelines requiring courts to consider ten specific factors related to offender risk assessment, including present danger to reoffend, sexual recidivism risk, ongoing unlawful behavior patterns, and mental health threats.

• Requires courts to state on the record the basis and criteria for choosing between determinate and indeterminate sentences for sex offenders.

• Applies to sex offenses including crimes of violence, habitual sex offender offenses, and HIV transmission cases, with different sentencing ranges depending on felony classification.

• Takes effect August 8, 2018, and applies to offenses committed on or after the effective date, subject to voter approval if a referendum petition is filed.