First Regular Session
Sixty-first General Assembly
LLS NO. 970623.01 JBB
HOUSE BILL 971257
STATE OF COLORADO
BY REPRESENTATIVE Snyder
JUDICIARY
A BILL FOR AN ACT
CONCERNING THE RELEASE OF INFORMATION ABOUT A PERSON
CONVICTED OF AN OFFENSE INVOLVING UNLAWFUL SEXUAL BEHAVIOR.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
adopted.)
Requires agencies responsible for the supervision of persons convicted of an offense involving unlawful sexual behavior to submit by January 1, 1998, to the sex offender treatment board for its approval policies for the release of information concerning persons convicted of a sexual offense. Requires the policies to specify criteria to be used in determining whether information will be disclosed, to whom it will be disclosed, and in what manner.
To the extent allowed under approved policies, authorizes supervising officers at their discretion to notify atrisk persons by releasing information concerning sex offenders. To the extent allowed under approved policies authorizes the supervising officer to release information on sex offenders to anyone asking for it unless the supervising officer finds that it would interfere with the treatment or rehabilitation of the sex offender.
Grants civil and criminal immunity to a supervising officer and said officer's employer who act in good faith in deciding whether to release information concerning a sex offender.
Authorizes a chief of police or sheriff to submit
to the sex offender treatment board, for its approval, policies
for the release of information on sex offenders who are not under
the supervision of any other agency but who must register with
local law enforcement agencies as sex offenders. Specifies required
elements of the policies. Grants civil and criminal immunity to
law enforcement agencies and their employees who act in good faith
in deciding whether to release information concerning a sex offender.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Part 4 of article 3 of title 18, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:
183412.7. Sex offender notification to atrisk individuals. (1) AS USED IN THIS SECTION:
(a) "SEX OFFENDER" MEANS A PERSON CONVICTED OF AN OFFENSE INVOLVING UNLAWFUL SEXUAL BEHAVIOR OR AN OFFENSE THE UNDERLYING FACTUAL BASIS OF WHICH INVOLVED UNLAWFUL SEXUAL BEHAVIOR AS DEFINED IN SECTION 183412.5.
(b) "SUPERVISING OFFICER" MEANS A PROBATION OFFICER, PAROLE OFFICER, COMMUNITY PROGRAM AGENT, HALFWAY HOUSE CASE MANAGER, OR ANY OTHER PERSON RESPONSIBLE FOR SUPERVISING A SEX OFFENDER IN THE COMMUNITY.
(c) "UNSUPERVISED SEX OFFENDER" MEANS A SEX OFFENDER WHO IS NOT UNDER THE SUPERVISION OF A SUPERVISING OFFICER BUT WHO IS UNDER A DUTY TO REGISTER PURSUANT TO SECTION 183412.5.
(2) ON OR BEFORE JANUARY 1, 1998, EACH PROBATION DEPARTMENT, REGIONAL PAROLE OFFICE, OR OTHER AGENCY RESPONSIBLE FOR SUPERVISING AND MONITORING SEX OFFENDERS IN THE COMMUNITY SHALL DEVELOP AND SUBMIT TO THE SEX OFFENDER TREATMENT BOARD CREATED IN SECTION 1611.7103, C.R.S., FOR ITS APPROVAL, WRITTEN POLICIES FOR NOTIFYING ATRISK INDIVIDUALS OF THE PRESENCE OF A SEX OFFENDER IN THE COMMUNITY. AT A MINIMUM, THE POLICIES SHALL INCLUDE:
(a) THE CRITERIA FOR DETERMINING WHETHER INFORMATION CONCERNING A SEX OFFENDER MAY BE RELEASED;
(b) A DESCRIPTION OF THE INFORMATION CONCERNING A SEX OFFENDER THAT MAY BE RELEASED; AND
(c) A DESCRIPTION OF THE PERSONS TO WHOM INFORMATION CONCERNING A SEX OFFENDER MAY BE RELEASED AND HOW SUCH INFORMATION MAY BE RELEASED.
(3) (a) IF AUTHORIZED UNDER THE POLICY DEVELOPED AND APPROVED PURSUANT TO SUBSECTION (2) OF THIS SECTION, A SUPERVISING OFFICER MAY NOTIFY ATRISK INDIVIDUALS OF INFORMATION CONCERNING THE SUPERVISED SEX OFFENDER IF THE SUPERVISING OFFICER DETERMINES THAT NOTIFICATION IS NECESSARY TO PROTECT THE PUBLIC OR TO FURTHER THE TREATMENT PROGRAM OF THE SEX OFFENDER.
(b) ATRISK INDIVIDUALS MAY INCLUDE BUT ARE NOT LIMITED TO PERSONS LIVING IN THE SAME BUILDING, COMPLEX OF BUILDINGS, OR NEIGHBORHOOD AS THE SEX OFFENDER, EMPLOYERS OR COWORKERS OF THE SEX OFFENDER, MEMBERS OF THE SEX OFFENDER'S FAMILY, PREVIOUS VICTIMS OF THE SEX OFFENDER AND THEIR FAMILIES, AND PERSONNEL AT SCHOOLS, SCHOOL BOARDS, RECREATION CENTERS, CHILD CARE FACILITIES, AND NURSING HOMES.
(4) IF AUTHORIZED UNDER A POLICY DEVELOPED AND APPROVED PURSUANT TO SUBSECTION (2) OF THIS SECTION, A SUPERVISING OFFICER MAY MAKE THE INFORMATION DESCRIBED IN THE POLICY AVAILABLE TO ANY PERSON UPON REQUEST; EXCEPT THAT, IF THE SUPERVISING OFFICER DETERMINES THAT THE RELEASE OF INFORMATION WOULD INTERFERE WITH THE TREATMENT OR REHABILITATION OF THE SEX OFFENDER, THE SUPERVISING OFFICER SHALL NOT RELEASE INFORMATION CONCERNING THE SEX OFFENDER.
(5) SUPERVISING OFFICERS AND THEIR EMPLOYERS ARE IMMUNE FROM CIVIL OR CRIMINAL LIABILITY FOR THE GOOD FAITH IMPLEMENTATION OF THIS SECTION.
(6) (a) THE CHIEF OF POLICE OF ANY LOCAL LAW ENFORCEMENT AGENCY OR ANY COUNTY SHERIFF MAY DEVELOP AND SUBMIT TO THE SEX OFFENDER TREATMENT BOARD CREATED IN SECTION 1611.7103, C.R.S., FOR ITS APPROVAL, WRITTEN POLICIES FOR NOTIFYING ATRISK INDIVIDUALS OF THE PRESENCE OF AN UNSUPERVISED SEX OFFENDER IN THE INDIVIDUAL'S NEIGHBORHOOD. AT A MINIMUM, THE POLICIES SHALL:
(I) REQUIRE THAT ANY RELEASE OF INFORMATION CONCERNING AN UNSUPERVISED SEX OFFENDER COMPLY WITH SECTION 183412.5 (6.5);
(II) SPECIFY THE CRITERIA FOR DETERMINING WHETHER INFORMATION CONCERNING AN UNSUPERVISED SEX OFFENDER MAY BE RELEASED;
(III) DESCRIBE THE INFORMATION CONCERNING AN UNSUPERVISED SEX OFFENDER THAT MAY BE RELEASED PURSUANT TO THIS SUBSECTION (6); AND
(IV) DESCRIBE THOSE PERSONS TO WHOM AND HOW INFORMATION CONCERNING A SEX OFFENDER MAY BE RELEASED AND HOW SUCH INFORMATION MAY BE RELEASED.
(b) ANY EMPLOYEE OF A LOCAL LAW ENFORCEMENT AGENCY OR COUNTY SHERIFF'S DEPARTMENT AND HIS OR HER EMPLOYER IS IMMUNE FROM CIVIL OR CRIMINAL LIABILITY FOR THE GOOD FAITH IMPLEMENTATION OF THIS SUBSECTION (6).
SECTION 2. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.