Bonde v. People.

2025 CO 24. No. 23SC784. Presentence Confinement Credit—CRS § 18-1.3-405—“Confinement”—People v. Hoecher—Community Corrections—Nonresidential Community Corrections Sentences—Parole—Stare Decisis—Mootness—Statutory Interpretation.

May 27, 2025

The supreme court reaffirmed its holding in People v. Hoecher, 822 P.2d 8, 13 (Colo. 1991), that an offender’s time served during a nonresidential community corrections sentence does not qualify for presentence confinement credit (PSCC) under CRS § 18-1.3-405. The court reasoned that the freedoms associated with nonresidential community corrections sentences are inconsistent with the notion of confinement in § 18-1.3-405. Although Hoecher compared nonresidential community corrections sentences with parole in reaching this conclusion, the fact that the General Assembly has granted PSCC for an offender’s time served during parole since Hoecher was decided does not alter this analysis. The holding in Hoecher was grounded in the plain language of § 18-1.3-405, which has not changed.