13-708. Offenses committed while released
from confinement
A. A person who is convicted of any felony involving a dangerous offense that is
committed while the person is on probation for a conviction of a felony offense or
parole, work furlough, community supervision or any other release or has escaped from
confinement for conviction of a felony offense shall be sentenced to imprisonment for not
less than the presumptive sentence authorized under this chapter and is not eligible for
suspension or commutation or release on any basis until the sentence imposed is served.
B. A person who is convicted of a dangerous offense that is committed while the
person is on release or has escaped from confinement for a conviction of a serious
offense as defined in section 13-706, an offense resulting in serious physical injury or
an offense involving the use or exhibition of a deadly weapon or dangerous instrument
shall be sentenced to the maximum sentence authorized under this chapter and is not
eligible for suspension or commutation or release on any basis until the sentence imposed
is served. If the court finds that at least two substantial aggravating circumstances
listed in section 13-701, subsection D apply, the court may increase the maximum sentence
authorized under this chapter by up to twenty-five per cent. A sentence imposed pursuant
to this subsection shall revoke the convicted person's release if the person was on
release and shall be consecutive to any other sentence from which the convicted person
had been temporarily released or had escaped, unless the sentence from which the
convicted person had been paroled or placed on probation was imposed by a jurisdiction
other than this state.
C. A person who is convicted of any felony offense that is not included in
subsection A or B of this section and that is committed while the person is on probation
for a conviction of a felony offense or parole, work furlough, community supervision or
any other release or escape from confinement for conviction of a felony offense shall be
sentenced to a term of not less than the presumptive sentence authorized for the offense
and the person is not eligible for suspension of sentence, probation, pardon or release
from confinement on any basis except as specifically authorized by section 31-233,
subsection A or B until the sentence imposed by the court has been served, the person is
eligible for release pursuant to section 41-1604.07 or the sentence is commuted. The
release provisions prescribed by this section shall not be substituted for any penalties
required by the substantive offense or provision of law that specifies a later release or
completion of the sentence imposed before release. A sentence imposed pursuant to this
subsection shall revoke the convicted person's release if the person was on release and
shall be consecutive to any other sentence from which the convicted person had been
temporarily released or had escaped, unless the sentence from which the convicted person
had been paroled or placed on probation was imposed by a jurisdiction other than this
state. For the purposes of this subsection, "substantive offense" means the felony,
misdemeanor or petty offense that the trier of fact found beyond a reasonable doubt the
defendant committed. Substantive offense does not include allegations that, if proven,
would enhance the sentence of imprisonment or fine to which the defendant would otherwise
be subject.
D. A person who is convicted of committing any felony offense that is committed
while the person is released on bond or on the person's own recognizance on a separate
felony offense or while the person is escaped from preconviction custody for a separate
felony offense shall be sentenced to a term of imprisonment two years longer than would
otherwise be imposed for the felony offense committed while on release. The additional
sentence imposed under this subsection is in addition to any enhanced punishment that may
be applicable under section 13-703, section 13-704, section 13-709.01, subsection A or
section 13-709.02, subsection C. The person is not eligible for suspension of sentence,
probation, pardon or release from confinement on any basis, except as specifically
authorized by section 31-233, subsection A or B, until the two years are served, the
person is eligible for release pursuant to section 41-1604.07 or the sentence is
commuted. The penalties prescribed by this subsection shall be substituted for the
penalties otherwise authorized by law if the allegation that the person committed a
felony while released on bond or on the person's own recognizance or while escaped from
preconviction custody is charged in the indictment or information and admitted or found
by the court. The release provisions prescribed by this subsection shall not be
substituted for any penalties required by the substantive offense or provision of law
that specifies a later release or completion of the sentence imposed before release. The
court shall allow the allegation that the person committed a felony while released on
bond or on the person's own recognizance on a separate felony offense or while escaped
from preconviction custody on a separate felony offense at any time before the case is
actually tried unless the allegation is filed fewer than twenty days before the case is
actually tried and the court finds on the record that the person was in fact prejudiced
by the untimely filing and states the reasons for these findings. The allegation that the
person committed a felony while released on bond or on the person's own recognizance or
while escaped from preconviction custody shall not be read to the jury. For the purposes
of this subsection, "substantive offense" means the felony offense that the trier of fact
found beyond a reasonable doubt the person committed. Substantive offense does not
include allegations that, if proven, would enhance the sentence of imprisonment or fine
to which the person otherwise would be subject.
|