18-1.3-801. Punishment for habitual criminals. 

       (6) (a) FOR OFFENSES COMMITTED ON OR AFTER JULY 1, 2023, A DEFENDANT CONVICTED AND SENTENCED AS AN HABITUAL OFFENDER PURSUANT TO THIS SECTION WHO HAS BEEN SENTENCED TO TWENTY-FOUR YEARS OR MORE IN THE DEPARTMENT OF CORRECTIONS AND HAS SERVED AT LEAST TEN CALENDAR YEARS OF A SENTENCE FOR A FELONY OFFENSE FOR WHICH THE PERSON WAS SENTENCED AS AN HABITUAL CRIMINAL MAY PETITION THE COURT FOR A MODIFICATION OF THAT SENTENCE OR FOR COUNSEL TO ASSIST IN FILING THE PETITION AND ANY OTHER HABITUAL SENTENCE FOR WHICH THE DEFENDANT IS IMPRISONED IN THE DEPARTMENT OF CORRECTIONS. THE COURT SHALL APPOINT COUNSEL FOR THE DEFENDANT FROM THE OFFICE OF STATE PUBLIC DEFENDER AND SHALL SERVE AN ORDER OF APPOINTMENT ON THE OFFICE, WHICH SHALL REPRESENT THE DEFENDANT OR NOTIFY THE COURT OF A CONFLICT. THE COURT SHALL ALLOW COUNSEL TO SUPPLEMENT THE PETITION. 

       (b) THE COURT SHALL SET THE MATTER FOR EVIDENTIARY HEARING. AT THE HEARING, THE DEFENDANT HAS THE BURDEN OF DEMONSTRATING, BY A PREPONDERANCE OF THE EVIDENCE, THAT: 

             (I) THE STATUTORY ELIGIBILITY CRITERIA ARE MET; 

             (II) THERE ARE MITIGATING FACTORS REGARDING THE DEFENDANT’S CIRCUMSTANCES AT THE TIME OF CONVICTION OR SUBSTANTIAL MITIGATING FACTORS REGARDING THE CIRCUMSTANCES OF THE OFFENSE OR OFFENSES; 

             (III) THE DEFENDANT HAS DEMONSTRATED POSITIVE, ENGAGED, AND PRODUCTIVE BEHAVIOR IN THE DEPARTMENT OF CORRECTIONS; AND 

             (IV) THE DEFENDANT DOES NOT CURRENTLY PRESENT A RISK TO THE COMMUNITY AT LARGE. 

       (c) IF THE DEFENDANT SATISFIES THE BURDEN DESCRIBED IN SUBSECTION (6)(b) OF THIS SECTION AND THE COURT DETERMINES, BASED ON THE TOTALITY OF THE CIRCUMSTANCES, THAT A MODIFICATION OF SENTENCE IS JUSTIFIED, THE COURT MAY RESENTENCE THE DEFENDANT TO A TERM OF AT LEAST THE MIDPOINT IN THE AGGRAVATED RANGE FOR THE CLASS OF FELONY FOR WHICH THE DEFENDANT WAS CONVICTED, UP TO A TERM LESS THAN THE CURRENT SENTENCE.