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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0504.01 JBB HOUSE BILL 98­1034

STATE OF COLORADO

BY REPRESENTATIVE Snyder

JUDICIARY

A BILL FOR AN ACT

CONCERNING 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 that may be subsequently adopted.)

By January 1, 1999, requires agencies responsible for the supervision of persons convicted of an offense involving unlawful sexual behavior to submit 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:

To the extent allowed under approved policies, authorizes supervising officers 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 the 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.

Requires each person who must register as a sex offender to specify at the time the person is notified of his or her duty to register the address at which the person resides or intends to reside. Expands the crime of failure to register as a sex offender to include failing to specify an address or specifying a false address at which the person resides or intends to reside.


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, is amended BY THE ADDITION OF A NEW SECTION to read:

18­3­412.7.  Sex offender ­ notification to at­risk individuals ­ legislative declaration. (1)  THE GENERAL ASSEMBLY HEREBY FINDS THAT NOTIFYING AT­RISK INDIVIDUALS OF THE PRESENCE OF CONVICTED SEX OFFENDERS AND EDUCATING THE PUBLIC CONCERNING THE PRESENCE AND RISKS OF CONVICTED SEX OFFENDERS IS BENEFICIAL FOR THE EFFECTIVE TREATMENT AND REGULATION OF THE BEHAVIOR OF CONVICTED SEX OFFENDERS. THE GENERAL ASSEMBLY RECOGNIZES THAT SUCH NOTIFICATION MUST NOT BE USED TO THREATEN, INTIMIDATE, OR HARASS CONVICTED SEX OFFENDERS. THE GENERAL ASSEMBLY DECLARES THAT THE INTENT OF THIS SECTION IS TO REGULATE THE BEHAVIOR OF CONVICTED SEX OFFENDERS AND NOT TO ESTABLISH ADDITIONAL PUNISHMENT.

(2)  AS USED IN THIS SECTION:

(a)  "AT­RISK INDIVIDUALS" INCLUDES BUT IS 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, PERSONNEL AT SCHOOLS, SCHOOL BOARD MEMBERS, PERSONNEL AND PATRONS OF RECREATION CENTERS, PERSONNEL AND CHILDREN AT CHILD CARE FACILITIES, AND STAFF AND RESIDENTS OF NURSING HOMES.

(b)  "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 (1).

(c)  "SUPERVISING OFFICER" MEANS A PROBATION OFFICER, PAROLE OFFICER, COMMUNITY PROGRAM AGENT, OR ANY OTHER PERSON RESPONSIBLE FOR SUPERVISING A SEX OFFENDER IN THE COMMUNITY.

(d)  "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.

(3)  ON OR BEFORE JANUARY 1, 1999, 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, INCLUDING CONSULTATION WITH ANY RELEVANT COMMUNITY CORRECTIONS PROGRAM DIRECTOR, OR HIS OR HER DESIGNEE;

(b)  A DESCRIPTION OF THE INFORMATION CONCERNING A SEX OFFENDER THAT MAY BE RELEASED;

(c)  A DESCRIPTION OF THE PERSONS TO WHOM INFORMATION CONCERNING A SEX OFFENDER MAY BE RELEASED AND HOW SUCH INFORMATION MAY BE RELEASED;

(d)  A DESCRIPTION OF HOW THE INFORMATION WILL BE DELIVERED IN A WAY TO AVOID CAUSING THREATS TO OR INTIMIDATION OR HARASSMENT OF THE SEX OFFENDER; AND

(e)  A REQUIREMENT THAT ALL NOTIFICATIONS CONTAIN PRECAUTIONARY DIRECTIONS TO AVOID CAUSING THREATS TO OR INTIMIDATION OR HARASSMENT OF THE SEX OFFENDER.

(4)  IF AUTHORIZED UNDER A POLICY DEVELOPED AND APPROVED PURSUANT TO SUBSECTION (3) 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.

(5)  IF AUTHORIZED UNDER A POLICY DEVELOPED AND APPROVED PURSUANT TO SUBSECTION (3) 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.

(6)  SUPERVISING OFFICERS AND THEIR EMPLOYERS ARE IMMUNE FROM CIVIL OR CRIMINAL LIABILITY FOR THE GOOD FAITH IMPLEMENTATION OF THIS SECTION.

(7) (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 INDIVIDUALS' 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 (7); AND

(IV)  DESCRIBE THOSE PERSONS TO WHOM 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 (7).

SECTION 2. 18­3­412.5 (2) and (4), Colorado Revised Statutes, are amended to read:

18­3­412.5. Sex offenders ­ duty to register ­ penalties. (2)  On and after July 1, 1994, probation and parole officers, appropriate county jail personnel, and appropriate personnel with the department of corrections shall require any offender described in subsection (1) of this section who is under their jurisdiction to sign a notice that informs the offender of the duty to register with local law enforcement agencies in accordance with this section. A judge or magistrate shall require any offender described in subsection (1) of this section who is under the judge's or magistrate's jurisdiction and who is not sentenced to the department of corrections, to probation, or to a county jail to sign a notice that informs the offender of the duty to register with local law enforcement agencies in accordance with this section. AT THE TIME THE OFFENDER SIGNS THE NOTICE SPECIFIED IN THIS SUBSECTION (2), HE OR SHE SHALL PROVIDE THE ADDRESS AT WHICH THE OFFENDER RESIDES OR PLANS TO RESIDE UPON RELEASE. The same persons, after obtaining a signed notice from an offender, shall notify local law enforcement agencies where the offender RESIDES OR plans to reside of the offender's address within forty­eight hours after an offender has been placed on parole or probation or otherwise released into the community. when such an address is provided in the signed notice. Department of corrections personnel shall provide such notice no later than two days before the offender is to be released from the department of corrections.

(4)  Any person who fails to register OR FAILS TO PROVIDE THE ADDRESS AT WHICH THE PERSON RESIDES OR PLANS TO RESIDE pursuant to this section, or any person who submits a registration form containing false information OR A FALSE ADDRESS AT WHICH THE PERSON RESIDES OR PLANS TO RESIDE, commits the offense of failure to register as a sex offender. Failure to register as a sex offender is a class 2 misdemeanor; except that, in addition to any other penalty provided by section 18­1­106, a person shall be sentenced to a ninety­day mandatory minimum jail sentence. Any second or subsequent offense is a class 6 felony; except that, in addition to any other penalty provided by section 18­1­105, a person shall be sentenced to a one­year mandatory minimum sentence to the department of corrections. Any juvenile adjudicated for the delinquent act of failure to register as a sex offender shall be sentenced to a forty­five­day mandatory minimum detention sentence. Any juvenile adjudicated for the class 6 felony offense of failure to register as a sex offender shall be placed or committed out of the home for not less than one year.

SECTION 3.  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.