Amend C.R.S. 18-1.3-1008 to provide that offenders sentenced to the Lifetime Supervision Act, who suffer from a severe disability to the extent they are deemed incapacitated and do not present an unacceptable level of risk to public safety, may petition the court for early discharge from probation supervision.  Also, if necessary, make conforming amendments to the Colorado Victims' Rights Act regarding a "critical stage" for victim notification.

Revise the language of the current section of the sex offender deregistration statute 16-22-113 (1)(e) as follows:

 

(e) EXCEPT AS OTHERWISE PROVIDED IN SECTION (1.3)(B)(II), if the person was younger than eighteen years of age at the time of disposition or adjudication, THE COMMISSION OF THE OFFENSE, after the successful completion of and discharge from the A JUVENILE sentence OR DISPOSITION, AND if the person prior to such time has not been subsequently convicted of OR HAS A PENDING PROSECUTION FOR, of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior and the court did not issue an order either continuing the duty to register or discontinuing the duty to register pursuant to paragraph (b) of subsection (1.3) of this section. Any person petitioning pursuant to this paragraph (e) may also petition for an order removing his or her name from the sex offender registry. In determining whether to grant the order, the court shall consider whether the person is likely to commit a subsequent offense of or involving unlawful sexual behavior. The court shall base its determination on recommendations from the person's probation or community parole officer, the person's treatment provider, and the prosecuting attorney for the jurisdiction in which the person was tried and on the recommendations included in the person's presentence investigation report. In addition, the court shall consider any written or oral testimony submitted by the victim of the offense for which the petitioner was required to register. Notwithstanding the provisions of this subsection (1), a juvenile who files a petition pursuant to this section may file the petition with the court to which venue is transferred pursuant to section 19-2-105, C.R.S., if any.

Clarify and create in statute the registration requirement for and self-verification by sex offenders who "Lack a Fixed Residence."*

 

A committee shall be created including, but not limited to, representatives from the Department of Corrections, the Colorado Bureau of Investigation, the Division of Criminal justice, and the Judicial Branch, to evaluate and improve the consistency of data collected across agencies to facilitate the study of the impact of the Lifetime Supervision Act. The collaborating agencies should identify and resolve the gaps and inconsistencies in electronic databases. The agencies shall review and provide recommendations to improve the annual Lifetime Supervision Report by July 1, 2012.

Support funding an enhanced per diem differential ($33.02) for community corrections programs that house sex offenders and that applies to specialized programming for Diversion, Transition, Condition of Probation and Condition of Parole clients.

Charge the refinement working group of the sex offense/offender task force or a succeeding group as designated by the CCJJ to work in collaboration with, but not limited to, the Division of Criminal Justice, the Department of Corrections, and Probation, to study the potential, long-term cost savings related to the placement of sex offenders in community corrections (with enhanced per diem) relative to the costs of the retention of sex offenders in or revocation of sex offenders to doc. This work must be completed by January 1, 2012.

 

*Colorado Association of Community Corrections Boards

**Governor's Community Corrections Advisory Council

Support funding for the Division of Parole in the Department of Corrections to negotiate an increase in the number of beds in Community Corrections agencies and programs to house condition of parole sex offenders for residential sex offender treatment.

Increase treatment resources at DOC.

Create a simultaneous termination hearing/de-registration process for those juvenile offenders currently eligible for de-registration under 16-22-113(e), CRS.

Create a simultaneous termination hearing/de-registration process for adult offenders with a deferred judgment who are currently eligible for de-registration under 16-22-113(d), CRS.

Modify 16-22-108(7), CRS, to establish a consistent fee structure for sex offender registration.

Create a simultaneous registration/cancellation of registration process in 16-22-108, CRS.

Add and clarify language in 16-22-106(3)(a), CRS, regarding the registration of offenders sentenced to or held in jail.

Define "transient" in statute and require registration of offenders who are homeless or have no permanent residence. This is a state-wide issue raised by law enforcement. The current method to register and track transient offenders is inadequate.

Modify 16-22-108(1)(b), CRS to allow annual re-registration to occur within 5 business days of the offender's birthday.

Modify 16-22-108(1)(b), CRS, to allow annual re-registration to occur within 5 business days of the offender's birthday.

Add to the place of trial venues in 18-1-202(12), CRS, the county where an offender completed his or her last registration.

Eliminate the language requiring mandatory ISP as a condition of probation or parole for failure to register in 18-3-412(2)(b) and 18-1.3-1007(1.5), CRS.

Add an affirmative defense for failure to register based on the model provided in the Adam Walsh Act.

The State Public Defender's Office should create informational documents for offenders on registration/re-registration and de-registration.

Add language to 16-13-902, CRS, and relevant sections of Title 18 on Sexually Violent Predator equivalency criteria in a manner that ensures the assessment procedure is constitutional.

Add Second degree kidnapping, 18-3-302(3)(a), CRS, as a sex offense when the underlying offense is the offense of sexual assault.

Add tribal and territorial offenders to the list of those required to register, 16-22-103(a)(b), CRS, pursuant to the federal Adam Walsh Act requirements.

Repeal the current mandatory prison sentence provisions for commission of unlawful sexual contact by force, threat, or intimidation, 18-3-404(3), CRS.

Extend the amount of time available on a deferred judgment and sentence for a sex offense requiring treatment, and clarify when the period of the deferred begins.

Correct the currently unconstitutional provision in 18-1.3-1004(4), CRS.