Colorado Revised Statutes Title 18. Criminal Code § 18-1-411. Postconviction testing of DNA--definitions

(1) Repealed by Laws 2023, Ch. 15 (H.B. 23-1034), § 1, eff. Oct. 1, 2023.

(2) “Actual or constructive possession” means the biological evidence is maintained or stored on the premises of the law enforcement agency or at another location or facility under the custody or control of the law enforcement agency, including pursuant to an agreement or contract with the law enforcement agency and a third-party service provider, in Colorado or elsewhere.

(3) “DNA” means deoxyribonucleic acid.

(3.3) “Eligible person” means a person convicted of a felony offense in Colorado or adjudicated not guilty by reason of insanity for a felony offense in Colorado pursuant to section 16-8-105.5, including a person currently incarcerated; a person on parole or probation for a felony offense; a person subject to sex offender registration pursuant to section 16-22-103; or a person who has completed the sentence imposed for the felony offense.

(3.5) “Favorable result” means a result that indicates a reasonable probability that the petitioner would not have been convicted.

(4) “Incarcerated” means physically housed in a department of corrections facility, a private correctional facility under contract with the department of corrections, or a county jail following a felony conviction, or in a juvenile facility following adjudication for an offense that would have been a felony if committed by an adult, or under parole supervision.