HOUSE BILL 981156
BY REPRESENTATIVES Anderson, C. Berry, Owen, Agler, Allen, Clarke, Dean, Dyer, Epps, Gotlieb, Grossman, Hagedorn, Hefley, Kreutz, Lawrence, Leyba, Mace, McElhany, Musgrave, Nichol, Reeser, Snyder, Sullivant, Swenson, Tool, Tucker, Tupa, Udall, Veiga, S. Williams, Young, and Zimmerman;
also SENATORS Wells, Hopper, Hernandez, and J. Johnson.
CONCERNING SUPERVISION OF SEX OFFENDERS, AND MAKING
AN APPROPRIATION THEREFOR.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Article 13 of title 16, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read:
PART 8
LIFETIME SUPERVISION OF SEX OFFENDERS
1613801. Legislative declaration.
THE GENERAL ASSEMBLY HEREBY FINDS THAT THE MAJORITY OF PERSONS
WHO COMMIT SEX OFFENSES, IF INCARCERATED OR SUPERVISED WITHOUT
TREATMENT, WILL CONTINUE TO PRESENT A DANGER TO THE PUBLIC WHEN
RELEASED FROM INCARCERATION AND SUPERVISION. THE GENERAL ASSEMBLY
ALSO FINDS THAT KEEPING ALL SEX OFFENDERS IN LIFETIME INCARCERATION
IMPOSES AN UNACCEPTABLY HIGH COST IN BOTH STATE DOLLARS AND LOSS
OF HUMAN POTENTIAL. THE GENERAL ASSEMBLY FURTHER FINDS THAT SOME
SEX OFFENDERS RESPOND WELL TO TREATMENT AND CAN FUNCTION AS SAFE,
RESPONSIBLE, AND CONTRIBUTING MEMBERS OF SOCIETY, SO LONG AS THEY
RECEIVE TREATMENT AND SUPERVISION. THE GENERAL ASSEMBLY THEREFORE
DECLARES THAT A PROGRAM UNDER WHICH SEX OFFENDERS MAY RECEIVE
TREATMENT AND SUPERVISION FOR THE REST OF THEIR LIVES, IF NECESSARY,
IS NECESSARY FOR THE SAFETY, HEALTH, AND WELFARE OF THE STATE.
1613802. Short title.
THIS PART 8 SHALL BE KNOWN AND MAY BE CITED AS THE "COLORADO
SEX OFFENDER LIFETIME SUPERVISION ACT OF 1998".
1613803. Definitions.
AS USED IN THIS PART 8, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "DEPARTMENT" MEANS THE DEPARTMENT
OF CORRECTIONS.
(2) "MANAGEMENT BOARD" MEANS
THE SEX OFFENDER MANAGEMENT BOARD CREATED IN SECTION 1611.7
103.
(3) "PAROLE BOARD" MEANS THE
STATE BOARD OF PAROLE CREATED IN SECTION 172201, C.R.S.
(4) "SEX OFFENDER" MEANS A PERSON
WHO IS CONVICTED OF OR PLEADS GUILTY OR NOLO CONTENDERE TO A SEX
OFFENSE. "SEX OFFENDER" ALSO MEANS ANY PERSON SENTENCED
AS A SEX OFFENDER PURSUANT TO SECTION 1613804 (4).
(5) (a) "SEX OFFENSE" MEANS
ANY OF THE FOLLOWING OFFENSES:
(I) SEXUAL ASSAULT IN THE FIRST DEGREE,
AS DESCRIBED IN SECTION 183402, C.R.S.;
(II) SEXUAL ASSAULT IN THE SECOND DEGREE,
AS DESCRIBED IN SECTION 183403, C.R.S.;
(III) FELONY SEXUAL ASSAULT IN THE THIRD
DEGREE, AS DESCRIBED IN SECTION 183404 (2), C.R.S.;
(IV) SEXUAL ASSAULT ON A CHILD, AS DESCRIBED
IN SECTION 183405, C.R.S.;
(V) SEXUAL ASSAULT ON A CHILD BY ONE IN
A POSITION OF TRUST, AS DESCRIBED IN SECTION 183405.3,
C.R.S.;
(VI) AGGRAVATED SEXUAL ASSAULT ON A CLIENT
BY A PSYCHOTHERAPIST, AS DESCRIBED IN SECTION 183405.5
(1), C.R.S.;
(VII) ENTICEMENT OF A CHILD, AS DESCRIBED
IN SECTION 183305, C.R.S.;
(VIII) INCEST, AS DESCRIBED IN SECTION
186301, C.R.S.;
(IX) AGGRAVATED INCEST, AS DESCRIBED IN
SECTION 186302, C.R.S.;
(X) PATRONIZING A PROSTITUTED CHILD, AS
DESCRIBED IN SECTION 187406, C.R.S.
(b) "SEX OFFENSE" ALSO INCLUDES
CRIMINAL ATTEMPT, CONSPIRACY, OR SOLICITATION TO COMMIT ANY OF
THE OFFENSES SPECIFIED IN PARAGRAPH (a) OF THIS SUBSECTION (4)
IF SUCH CRIMINAL ATTEMPT, CONSPIRACY, OR SOLICITATION WOULD CONSTITUTE
A CLASS 2, 3, OR 4 FELONY.
1613804. Indeterminate sentence.
(1) (a) EXCEPT AS OTHERWISE PROVIDED IN THIS
SUBSECTION (1) AND IN SUBSECTION (2) OF THIS SECTION, THE DISTRICT
COURT HAVING JURISDICTION SHALL SENTENCE A SEX OFFENDER TO THE
CUSTODY OF THE DEPARTMENT FOR AN INDETERMINATE TERM OF AT LEAST
THE MINIMUM OF THE PRESUMPTIVE RANGE SPECIFIED IN SECTION 181105,
C.R.S., FOR THE LEVEL OF OFFENSE COMMITTED AND A MAXIMUM OF THE
SEX OFFENDER'S NATURAL LIFE.
(b) IF THE SEX OFFENDER COMMITTED A SEX
OFFENSE THAT CONSTITUTES A CRIME OF VIOLENCE, AS DEFINED IN SECTION
1611309, THE DISTRICT COURT SHALL SENTENCE THE SEX
OFFENDER TO THE CUSTODY OF THE DEPARTMENT FOR AN INDETERMINATE
TERM OF AT LEAST THE MIDPOINT IN THE PRESUMPTIVE RANGE FOR THE
LEVEL OF OFFENSE COMMITTED AND A MAXIMUM OF THE SEX OFFENDER'S
NATURAL LIFE.
(c) IF THE SEX OFFENDER COMMITTED A SEX
OFFENSE THAT MAKES HIM OR HER ELIGIBLE FOR SENTENCING AS A HABITUAL
SEX OFFENDER AGAINST CHILDREN PURSUANT TO SECTION 183412,
C.R.S., THE DISTRICT COURT SHALL SENTENCE THE SEX OFFENDER TO
THE CUSTODY OF THE DEPARTMENT FOR AN INDETERMINATE TERM OF AT
LEAST THE UPPER LIMIT OF THE PRESUMPTIVE RANGE FOR THE LEVEL OF
OFFENSE COMMITTED AND A MAXIMUM OF THE SEX OFFENDER'S NATURAL
LIFE.
(2) THE DISTRICT COURT HAVING JURISDICTION,
BASED ON CONSIDERATION OF THE EVALUATION CONDUCTED PURSUANT TO
SECTION 1611.7104 AND THE FACTORS SPECIFIED IN SECTION
1611203, MAY SENTENCE A SEX OFFENDER TO PROBATION
FOR AN INDETERMINATE PERIOD OF AT LEAST TEN YEARS FOR A CLASS
4 FELONY OR TWENTY YEARS FOR A CLASS 2 OR 3 FELONY AND A MAXIMUM
OF THE SEX OFFENDER'S NATURAL LIFE; EXCEPT THAT, IF THE SEX OFFENDER
COMMITTED A SEX OFFENSE THAT CONSTITUTES A CRIME OF VIOLENCE AS
DEFINED IN SECTION 1611309, OR COMMITTED A SEX OFFENSE
THAT MAKES HIM OR HER ELIGIBLE FOR SENTENCING AS A HABITUAL SEX
OFFENDER AGAINST CHILDREN PURSUANT TO SECTION 183412,
C.R.S., THE COURT SHALL SENTENCE THE SEX OFFENDER TO THE DEPARTMENT
OF CORRECTIONS AS PROVIDED IN SUBSECTION (1) OF THIS SECTION.
FOR ANY SEX OFFENDER SENTENCED TO PROBATION PURSUANT TO THIS
SUBSECTION (2), THE COURT SHALL ORDER THAT THE SEX OFFENDER, AS
A CONDITION OF PROBATION, PARTICIPATE IN AN INTENSIVE SUPERVISION
PROBATION PROGRAM ESTABLISHED PURSUANT TO SECTION 1613807,
UNTIL FURTHER ORDER OF THE COURT.
(3) EACH SEX OFFENDER SENTENCED PURSUANT
TO THIS SECTION SHALL BE REQUIRED AS A PART OF THE SENTENCE TO
UNDERGO TREATMENT TO THE EXTENT APPROPRIATE PURSUANT TO SECTION
1611.7105.
(4) (a) THE COURT MAY SENTENCE ANY
PERSON PURSUANT TO THE PROVISIONS OF THIS SECTION IF:
(I) THE PERSON IS CONVICTED OF OR PLEADS
GUILTY OR NOLO CONTENDERE TO A CRIME SPECIFIED IN PARAGRAPH (b)
OF THIS SUBSECTION (4); AND
(II) AN ASSESSMENT OF THE PERSON PURSUANT
TO SECTION 1611.7104 DETERMINES THAT THE PERSON IS
LIKELY TO COMMIT ONE OR MORE OF THE OFFENSES SPECIFIED IN SECTION
183414.5 (1) (a), C.R.S., UNDER THE CIRCUMSTANCES
DESCRIBED IN SECTION 183414.5 (1) (b), C.R.S.
(b) THE PROVISIONS OF THIS SUBSECTION
(4) SHALL APPLY TO ANY PERSON WHO IS CONVICTED OF OR PLEADS GUILTY
OR NOLO CONTENDERE TO ANY OF THE FOLLOWING OFFENSES OR CRIMINAL
ATTEMPT, CONSPIRACY, OR SOLICITATION TO COMMIT ANY OF THE FOLLOWING
OFFENSES:
(I) TRAFFICKING IN CHILDREN, AS DESCRIBED
IN SECTION 186402, C.R.S.;
(II) FELONY SEXUAL EXPLOITATION OF CHILDREN,
AS DESCRIBED IN SECTION 186403, C.R.S.;
(III) PROCUREMENT OF A CHILD FOR SEXUAL
EXPLOITATION, AS DESCRIBED IN SECTION 186404, C.R.S.;
(IV) SOLICITING FOR CHILD PROSTITUTION,
AS DESCRIBED IN SECTION 187402, C.R.S.;
(V) PANDERING OF A CHILD, AS DESCRIBED
IN SECTION 187403, C.R.S.;
(VI) PROCUREMENT OF A CHILD, AS DESCRIBED
IN SECTION 187403.5, C.R.S.;
(VII) KEEPING A PLACE OF CHILD PROSTITUTION,
AS DESCRIBED IN SECTION 187404, C.R.S.;
(VIII) PIMPING OF A CHILD, AS DESCRIBED
IN SECTION 187405, C.R.S.;
(IX) INDUCEMENT OF CHILD PROSTITUTION,
AS DESCRIBED IN SECTION 187405.5, C.R.S.
(c) ANY PERSON SENTENCED AS A SEX OFFENDER
PURSUANT TO THIS SUBSECTION (4) SHALL BE SUBJECT TO THE PROVISIONS
OF THIS PART 8.
(5) (a) ANY SEX OFFENDER SENTENCED
PURSUANT TO SUBSECTION (1) OR (4) OF THIS SECTION AND CONVICTED
OF ONE OR MORE ADDITIONAL CRIMES ARISING OUT OF THE SAME INCIDENT
AS THE SEX OFFENSE SHALL BE SENTENCED FOR THE SEX OFFENSE AND
SUCH OTHER CRIMES SO THAT THE SENTENCES ARE SERVED CONSECUTIVELY
RATHER THAN CONCURRENTLY.
(b) (I) EXCEPT AS OTHERWISE PROVIDED
IN SUBPARAGRAPH (II) OF THIS PARAGRAPH (b), IF A SEX OFFENDER
SENTENCED PURSUANT TO THIS PART 8 IS CONVICTED OF A SUBSEQUENT
CRIME PRIOR TO BEING DISCHARGED FROM PAROLE PURSUANT TO SECTION
1613806 OR DISCHARGED FROM PROBATION PURSUANT TO SECTION
1613808, ANY SENTENCE IMPOSED FOR THE SECOND CRIME
SHALL NOT SUPERSEDE THE SEX OFFENDER'S SENTENCE PURSUANT TO THE
PROVISIONS OF THIS PART 8. IF THE SEX OFFENDER COMMITS THE SUBSEQUENT
CRIME WHILE HE OR SHE IS ON PAROLE OR PROBATION AND THE SEX OFFENDER
RECEIVES A SENTENCE TO THE DEPARTMENT OF CORRECTIONS FOR THE SUBSEQUENT
CRIME, THE SEX OFFENDER'S PAROLE OR PROBATION SHALL BE DEEMED
REVOKED PURSUANT TO SECTION 1613810, AND THE SEX OFFENDER
SHALL CONTINUE TO BE SUBJECT TO THE PROVISIONS OF THIS PART 8.
(II) THE PROVISIONS OF SUBPARAGRAPH (I)
OF THIS PARAGRAPH (b) SHALL NOT APPLY IF THE SEX OFFENDER COMMITS
A SUBSEQUENT CRIME THAT IS A CLASS 1 FELONY.
1613805. Parole intensive
supervision program. (1) THE
DEPARTMENT SHALL ESTABLISH AN INTENSIVE SUPERVISION PAROLE PROGRAM
FOR SEX OFFENDERS SENTENCED TO INCARCERATION AND SUBSEQUENTLY
RELEASED ON PAROLE PURSUANT TO THIS PART 8. IN ADDITION, THE
PAROLE BOARD MAY REQUIRE A PERSON, AS A CONDITION OF PAROLE, TO
PARTICIPATE IN THE INTENSIVE SUPERVISION PAROLE PROGRAM ESTABLISHED
PURSUANT TO THIS SECTION IF THE PERSON IS CONVICTED OF:
(a) INDECENT EXPOSURE, AS DESCRIBED IN
SECTION 187302, C.R.S.;
(b) CRIMINAL ATTEMPT, CONSPIRACY, OR SOLICITATION
TO COMMIT ANY OF THE OFFENSES SPECIFIED IN SECTION 1613803
(5) (a), WHICH ATTEMPT, CONSPIRACY, OR SOLICITATION WOULD CONSTITUTE
A CLASS 5 FELONY; OR
(c) ANY OF THE OFFENSES SPECIFIED IN SECTION
1613804 (4) (b).
(2) THE DEPARTMENT SHALL REQUIRE THAT
SEX OFFENDERS AND ANY OTHER PERSONS IN THE INTENSIVE SUPERVISION
PAROLE PROGRAM ESTABLISHED PURSUANT TO THIS SECTION RECEIVE THE
HIGHEST LEVEL OF SUPERVISION THAT IS PROVIDED TO PAROLEES. THE
INTENSIVE SUPERVISION PAROLE PROGRAM MAY INCLUDE, BUT IS NOT LIMITED
TO, SEVERELY RESTRICTED ACTIVITIES, DAILY CONTACT BETWEEN THE
SEX OFFENDER OR OTHER PERSON AND THE PAROLE OFFICER, MONITORED
CURFEW, HOME VISITATION, EMPLOYMENT VISITATION AND MONITORING,
DRUG AND ALCOHOL SCREENING, TREATMENT REFERRALS AND MONITORING,
INCLUDING PHYSIOLOGICAL MONITORING, AND PAYMENT OF RESTITUTION.
IN ADDITION, THE INTENSIVE SUPERVISION PAROLE PROGRAM SHALL BE
DESIGNED TO MINIMIZE THE RISK TO THE PUBLIC TO THE GREATEST EXTENT
POSSIBLE.
(3) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT
SHALL ESTABLISH AND ENFORCE STANDARDS AND CRITERIA FOR ADMINISTRATION
OF THE INTENSIVE SUPERVISION PAROLE PROGRAM CREATED PURSUANT TO
THIS SECTION.
1613806. Release from incarceration
parole conditions. (1) (a) ON
COMPLETION OF THE MINIMUM PERIOD OF INCARCERATION SPECIFIED IN
A SEX OFFENDER'S INDETERMINATE SENTENCE, LESS ANY EARNED TIME
CREDITED TO THE SEX OFFENDER PURSUANT TO SECTION 1722.5403
OR 1722.5405, C.R.S., THE PAROLE BOARD SHALL SCHEDULE
A HEARING TO DETERMINE WHETHER THE SEX OFFENDER MAY BE RELEASED
ON PAROLE. IN DETERMINING WHETHER TO RELEASE THE SEX OFFENDER
ON PAROLE, THE PAROLE BOARD SHALL DETERMINE WHETHER THE SEX OFFENDER
HAS SUCCESSFULLY PROGRESSED IN TREATMENT AND WOULD NOT POSE AN
UNDUE THREAT TO THE COMMUNITY IF RELEASED UNDER APPROPRIATE TREATMENT
AND MONITORING REQUIREMENTS AND WHETHER THERE IS A STRONG AND
REASONABLE PROBABILITY THAT THE PERSON WILL NOT THEREAFTER VIOLATE
THE LAW. THE DEPARTMENT SHALL MAKE RECOMMENDATIONS TO THE PAROLE
BOARD CONCERNING WHETHER THE SEX OFFENDER SHOULD BE RELEASED ON
PAROLE AND THE LEVEL OF TREATMENT AND MONITORING THAT SHOULD BE
IMPOSED AS A CONDITION OF PAROLE. THE RECOMMENDATION SHALL BE
BASED ON THE CRITERIA ESTABLISHED BY THE MANAGEMENT BOARD PURSUANT
TO SECTION 1613809.
(b) IF A SEX OFFENDER IS RELEASED ON PAROLE
PURSUANT TO THIS SECTION, THE SEX OFFENDER'S SENTENCE TO INCARCERATION
SHALL CONTINUE AND SHALL NOT BE DEEMED DISCHARGED UNTIL SUCH TIME
AS THE PAROLE BOARD MAY DISCHARGE THE SEX OFFENDER FROM PAROLE
PURSUANT TO SUBSECTION (3) OF THIS SECTION. THE PERIOD OF PAROLE
FOR ANY SEX OFFENDER CONVICTED OF A CLASS 4 FELONY SHALL BE AN
INDETERMINATE TERM OF AT LEAST TEN YEARS AND A MAXIMUM OF THE
REMAINDER OF THE SEX OFFENDER'S NATURAL LIFE. THE PERIOD OF PAROLE
FOR ANY SEX OFFENDER CONVICTED OF A CLASS 2 OR 3 FELONY SHALL
BE AN INDETERMINATE TERM OF AT LEAST TWENTY YEARS AND A MAXIMUM
OF THE REMAINDER OF THE SEX OFFENDER'S NATURAL LIFE.
(c) IF THE PAROLE BOARD DOES NOT RELEASE THE SEX OFFENDER ON PAROLE PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (1), THE PAROLE BOARD SHALL REVIEW SUCH DENIAL AT LEAST ONCE EVERY THREE YEARS UNTIL IT DETERMINES THAT THE SEX OFFENDER MEETS THE CRITERIA FOR RELEASE ON PAROLE SPECIFIED IN PARAGRAPH (a) OF THIS SUBSECTION (1). AT EACH REVIEW, THE DEPARTMENT SHALL MAKE RECOMMENDATIONS, BASED ON THE CRITERIA ESTABLISHED BY THE MANAGEMENT BOARD PURSUANT TO SECTION 1613809, CONCERNING WHETHER THE SEX OFFENDER SHOULD BE RELEASED ON PAROLE.
(2) (a) AS A CONDITION OF RELEASE
ON PAROLE PURSUANT TO THIS SECTION, A SEX OFFENDER SHALL PARTICIPATE
IN THE INTENSIVE SUPERVISION PAROLE PROGRAM CREATED BY THE DEPARTMENT
PURSUANT TO SECTION 1613805. PARTICIPATION IN THE
INTENSIVE SUPERVISION PAROLE PROGRAM SHALL CONTINUE UNTIL THE
SEX OFFENDER CAN DEMONSTRATE THAT HE OR SHE HAS SUCCESSFULLY PROGRESSED
IN TREATMENT AND WOULD NOT POSE AN UNDUE THREAT TO THE COMMUNITY
IF PAROLED TO A LOWER LEVEL OF SUPERVISION, AT WHICH TIME THE
SEX OFFENDER'S PAROLE OFFICER MAY PETITION THE PAROLE BOARD FOR
A REDUCTION IN THE SEX OFFENDER'S LEVEL OF SUPERVISION. THE SEX
OFFENDER'S PAROLE OFFICER AND TREATMENT PROVIDER SHALL MAKE RECOMMENDATIONS
TO THE PAROLE BOARD CONCERNING WHETHER THE SEX OFFENDER HAS MET
THE REQUIREMENTS SPECIFIED IN THIS SUBSECTION (2) SUCH THAT THE
LEVEL OF PAROLE SUPERVISION SHOULD BE REDUCED. THE RECOMMENDATIONS
SHALL BE BASED ON THE CRITERIA ESTABLISHED BY THE MANAGEMENT BOARD
PURSUANT TO SECTION 1613809.
(b) FOLLOWING REDUCTION IN A SEX OFFENDER'S
LEVEL OF PAROLE SUPERVISION PURSUANT TO PARAGRAPH (a) OF THIS
SUBSECTION (2), THE SEX OFFENDER'S PAROLE OFFICER MAY RETURN THE
SEX OFFENDER TO THE INTENSIVE SUPERVISION PAROLE PROGRAM IF THE
PAROLE OFFICER DETERMINES THAT AN INCREASED LEVEL OF SUPERVISION
IS NECESSARY TO PROTECT THE PUBLIC SAFETY. THE PAROLE OFFICER
SHALL NOTIFY THE PAROLE BOARD AS SOON AS POSSIBLE AFTER RETURNING
THE SEX OFFENDER TO THE INTENSIVE SUPERVISION PAROLE PROGRAM.
TO SUBSEQUENTLY REDUCE THE SEX OFFENDER'S LEVEL OF SUPERVISION,
THE PAROLE OFFICER MAY PETITION THE PAROLE BOARD AS PROVIDED IN
PARAGRAPH (a) OF THIS SUBSECTION (2).
(3) (a) ON COMPLETION OF TWENTY YEARS
ON PAROLE FOR ANY SEX OFFENDER CONVICTED OF A CLASS 2 OR 3 FELONY
OR ON COMPLETION OF TEN YEARS OF PAROLE FOR ANY SEX OFFENDER CONVICTED
OF A CLASS 4 FELONY, THE PAROLE BOARD SHALL SCHEDULE A HEARING
TO DETERMINE WHETHER THE SEX OFFENDER MAY BE DISCHARGED FROM PAROLE.
IN DETERMINING WHETHER TO DISCHARGE THE SEX OFFENDER FROM PAROLE,
THE PAROLE BOARD SHALL DETERMINE WHETHER THE SEX OFFENDER HAS
SUCCESSFULLY PROGRESSED IN TREATMENT AND WOULD NOT POSE AN UNDUE
THREAT TO THE COMMUNITY IF ALLOWED TO LIVE IN THE COMMUNITY WITHOUT
TREATMENT OR SUPERVISION. THE SEX OFFENDER'S PAROLE OFFICER AND
TREATMENT PROVIDER SHALL MAKE RECOMMENDATIONS TO THE PAROLE BOARD
CONCERNING WHETHER THE SEX OFFENDER HAS MET THE REQUIREMENTS SPECIFIED
IN THIS SUBSECTION (3) SUCH THAT THE SEX OFFENDER SHOULD BE DISCHARGED
FROM PAROLE. THE RECOMMENDATIONS SHALL BE BASED ON THE CRITERIA
ESTABLISHED BY THE MANAGEMENT BOARD PURSUANT TO SECTION 1613809.
(b) IF THE PAROLE BOARD DOES NOT DISCHARGE
THE SEX OFFENDER FROM PAROLE PURSUANT TO PARAGRAPH (a) OF THIS
SUBSECTION (3), THE PAROLE BOARD SHALL REVIEW SUCH DENIAL AT LEAST
ONCE EVERY THREE YEARS UNTIL IT DETERMINES THAT THE SEX OFFENDER
MEETS THE CRITERIA FOR DISCHARGE SPECIFIED IN PARAGRAPH (a) OF
THIS SUBSECTION (3). AT EACH REVIEW, THE SEX OFFENDER'S PAROLE
OFFICER AND TREATMENT PROVIDER SHALL MAKE RECOMMENDATIONS, BASED
ON THE CRITERIA ESTABLISHED BY THE MANAGEMENT BOARD PURSUANT TO
SECTION 1613809, CONCERNING WHETHER THE SEX OFFENDER
SHOULD BE DISCHARGED.
(4) IN DETERMINING WHETHER TO RELEASE
A SEX OFFENDER ON PAROLE, REDUCE THE LEVEL OF SUPERVISION, OR
DISCHARGE A SEX OFFENDER FROM PAROLE PURSUANT TO THIS SECTION,
THE PAROLE BOARD SHALL CONSIDER THE RECOMMENDATIONS OF THE DEPARTMENT
AND THE SEX OFFENDER'S PAROLE OFFICER AND TREATMENT PROVIDER.
IF THE PAROLE BOARD CHOOSES NOT TO FOLLOW THE RECOMMENDATIONS
MADE, IT SHALL MAKE FINDINGS ON THE RECORD IN SUPPORT OF ITS DECISION.
1613807. Probation intensive
supervision program. (1) (a) THE
JUDICIAL DEPARTMENT SHALL ESTABLISH AN INTENSIVE SUPERVISION PROBATION
PROGRAM FOR SEX OFFENDERS SENTENCED TO PROBATION PURSUANT TO THIS
PART 8. IN ADDITION, THE COURT MAY REQUIRE A PERSON, AS A CONDITION
OF PROBATION, TO PARTICIPATE IN THE INTENSIVE SUPERVISION PROBATION
PROGRAM ESTABLISHED PURSUANT TO THIS SECTION IF THE PERSON IS
CONVICTED OF:
(I) INDECENT EXPOSURE, AS DESCRIBED IN
SECTION 187302, C.R.S.;
(II) CRIMINAL ATTEMPT, CONSPIRACY, OR
SOLICITATION TO COMMIT ANY OF THE OFFENSES SPECIFIED IN SECTION
1613803 (5) (a), WHICH ATTEMPT, CONSPIRACY, OR SOLICITATION
WOULD CONSTITUTE A CLASS 5 FELONY; OR
(III) ANY OF THE OFFENSES SPECIFIED IN
SECTION 1613804 (4) (b).
(b) THE JUDICIAL DEPARTMENT MAY ESTABLISH
THE INTENSIVE SUPERVISION PROBATION PROGRAM IN ANY JUDICIAL DISTRICT
OR COMBINATION OF JUDICIAL DISTRICTS.
(2) THE JUDICIAL DEPARTMENT SHALL REQUIRE
THAT SEX OFFENDERS AND ANY OTHER PERSONS PARTICIPATING IN THE
INTENSIVE SUPERVISION PROBATION PROGRAM CREATED PURSUANT TO THIS
SECTION RECEIVE THE HIGHEST LEVEL OF SUPERVISION THAT IS PROVIDED
TO PROBATIONERS. THE INTENSIVE SUPERVISION PROBATION PROGRAM
MAY INCLUDE BUT NOT BE LIMITED TO SEVERELY RESTRICTED ACTIVITIES,
DAILY CONTACT BETWEEN THE SEX OFFENDER OR OTHER PERSON AND THE
PROBATION OFFICER, MONITORED CURFEW, HOME VISITATION, EMPLOYMENT
VISITATION AND MONITORING, DRUG AND ALCOHOL SCREENING, TREATMENT
REFERRALS AND MONITORING, INCLUDING PHYSIOLOGICAL MONITORING,
AND PAYMENT OF RESTITUTION. IN ADDITION, THE INTENSIVE SUPERVISION
PROBATION PROGRAM SHALL BE DESIGNED TO MINIMIZE THE RISK TO THE
PUBLIC TO THE GREATEST EXTENT POSSIBLE.
(3) THE JUDICIAL DEPARTMENT SHALL ESTABLISH
AND ENFORCE STANDARDS AND CRITERIA FOR ADMINISTRATION OF THE INTENSIVE
SUPERVISION PROBATION PROGRAM CREATED PURSUANT TO THIS SECTION.
1613808. Probation conditions
release. (1) IF THE
COURT SENTENCES A SEX OFFENDER TO PROBATION, IN ADDITION TO ANY
CONDITIONS IMPOSED PURSUANT TO SECTION 1611204, THE
COURT SHALL REQUIRE AS A CONDITION OF PROBATION THAT THE SEX OFFENDER
PARTICIPATE UNTIL FURTHER ORDER OF THE COURT IN THE INTENSIVE
SUPERVISION PROBATION PROGRAM CREATED PURSUANT TO SECTION 1613807.
(2) ON COMPLETION OF TWENTY YEARS OF PROBATION
FOR ANY SEX OFFENDER CONVICTED OF A CLASS 2 OR 3 FELONY OR ON
COMPLETION OF TEN YEARS OF PROBATION FOR ANY SEX OFFENDER CONVICTED
OF A CLASS 4 FELONY, THE COURT SHALL SCHEDULE A REVIEW HEARING
TO DETERMINE WHETHER THE SEX OFFENDER SHOULD BE DISCHARGED FROM
PROBATION. IN MAKING ITS DETERMINATION, THE COURT SHALL DETERMINE
WHETHER THE SEX OFFENDER HAS SUCCESSFULLY PROGRESSED IN TREATMENT
AND WOULD NOT POSE AN UNDUE THREAT TO THE COMMUNITY IF ALLOWED
TO LIVE IN THE COMMUNITY WITHOUT TREATMENT OR SUPERVISION. THE
SEX OFFENDER'S PROBATION OFFICER AND TREATMENT PROVIDER SHALL
MAKE RECOMMENDATIONS TO THE COURT CONCERNING WHETHER THE SEX OFFENDER
HAS MET THE REQUIREMENTS OF THIS SECTION SUCH THAT HE OR SHE SHOULD
BE DISCHARGED FROM PROBATION.
(3) (a) IN DETERMINING WHETHER TO
DISCHARGE A SEX OFFENDER FROM PROBATION PURSUANT TO THIS SECTION,
THE COURT SHALL CONSIDER THE RECOMMENDATIONS OF THE SEX OFFENDER'S
PROBATION OFFICER AND TREATMENT PROVIDER. THE RECOMMENDATIONS
OF THE PROBATION OFFICER AND THE TREATMENT PROVIDER SHALL BE BASED
ON THE CRITERIA ESTABLISHED BY THE MANAGEMENT BOARD PURSUANT TO
SECTION 1613809. IF THE COURT CHOOSES NOT TO FOLLOW
THE RECOMMENDATIONS MADE, THE COURT SHALL MAKE FINDINGS ON THE
RECORD IN SUPPORT OF ITS DECISION.
(b) IF THE COURT DOES NOT DISCHARGE THE
SEX OFFENDER FROM PROBATION PURSUANT TO PARAGRAPH (a) OF THIS
SUBSECTION (3), THE COURT SHALL REVIEW SUCH DENIAL AT LEAST ONCE
EVERY THREE YEARS UNTIL IT DETERMINES THAT THE SEX OFFENDER MEETS
THE CRITERIA FOR DISCHARGE AS SPECIFIED IN PARAGRAPH (a) OF THIS
SUBSECTION (3). AT EACH REVIEW, THE SEX OFFENDER'S PROBATION
OFFICER AND TREATMENT PROVIDER SHALL MAKE RECOMMENDATIONS, BASED
ON THE CRITERIA ESTABLISHED BY THE MANAGEMENT BOARD PURSUANT TO
SECTION 1613809, CONCERNING WHETHER THE SEX OFFENDER
SHOULD BE DISCHARGED.
1613809. Criteria for release from
incarceration, reduction in supervision, and discharge.
(1) ON OR BEFORE JULY 1, 1999, THE MANAGEMENT BOARD,
IN COLLABORATION WITH THE DEPARTMENT OF CORRECTIONS, THE JUDICIAL
DEPARTMENT, AND THE PAROLE BOARD, SHALL ESTABLISH:
(a) THE CRITERIA BY AND THE MANNER IN
WHICH A SEX OFFENDER MAY DEMONSTRATE THAT HE OR SHE WOULD NOT
POSE AN UNDUE THREAT TO THE COMMUNITY IF RELEASED ON PAROLE OR
TO A LOWER LEVEL OF SUPERVISION WHILE ON PAROLE OR PROBATION OR
IF DISCHARGED FROM PAROLE OR PROBATION. THE COURT AND THE PAROLE
BOARD MAY USE THE CRITERIA TO ASSIST IN MAKING DECISIONS CONCERNING
RELEASE OF A SEX OFFENDER, REDUCTION OF THE LEVEL OF SUPERVISION
FOR A SEX OFFENDER, AND DISCHARGE OF A SEX OFFENDER.
(b) THE METHODS OF DETERMINING WHETHER
A SEX OFFENDER HAS SUCCESSFULLY PROGRESSED IN TREATMENT; AND
(c) STANDARDS FOR COMMUNITY ENTITIES THAT
PROVIDE SUPERVISION AND TREATMENT SPECIFICALLY DESIGNED FOR SEX
OFFENDERS WHO HAVE DEVELOPMENTAL DISABILITIES. AT A MINIMUM,
THE STANDARDS SHALL DETERMINE WHETHER AN ENTITY WOULD PROVIDE
ADEQUATE SUPPORT AND SUPERVISION TO MINIMIZE ANY THREAT THAT THE
SEX OFFENDER MAY POSE TO THE COMMUNITY.
1613810. Arrest of parolee or probationer
revocation. (1) (a) A
SEX OFFENDER PAROLED PURSUANT TO SECTION 1613806 IS
SUBJECT TO ARREST AND REVOCATION OF PAROLE AS PROVIDED IN SECTIONS
172103 AND 172103.5, C.R.S. AT ANY REVOCATION
PROCEEDING, THE SEX OFFENDER'S PAROLE OFFICER AND THE TREATMENT
PROVIDER SHALL SUBMIT WRITTEN RECOMMENDATIONS CONCERNING THE LEVEL
OF TREATMENT AND MONITORING THAT SHOULD BE IMPOSED AS A CONDITION
OF PAROLE IF PAROLE IS NOT REVOKED OR WHETHER THE SEX OFFENDER
POSES A SUFFICIENT THREAT TO THE COMMUNITY THAT PAROLE SHOULD
BE REVOKED. THE RECOMMENDATIONS SHALL BE BASED ON THE CRITERIA
ESTABLISHED BY THE MANAGEMENT BOARD PURSUANT TO SECTION 1613809.
IF THE PAROLE BOARD REVOKES THE SEX OFFENDER'S PAROLE, THE SEX
OFFENDER SHALL CONTINUE TO BE SUBJECT TO THE PROVISIONS OF THIS
PART 8.
(b) AT A REVOCATION HEARING HELD PURSUANT
TO THIS SUBSECTION (1), THE PAROLE BOARD SHALL CONSIDER THE RECOMMENDATIONS
OF THE PAROLE OFFICER AND THE TREATMENT PROVIDER, IN ADDITION
TO EVIDENCE CONCERNING ANY OF THE GROUNDS FOR REVOCATION OF PAROLE
SPECIFIED IN SECTIONS 172103 AND 172103.5,
C.R.S. IF THE PAROLE BOARD CHOOSES NOT TO FOLLOW THE RECOMMENDATIONS
MADE, IT SHALL MAKE FINDINGS ON THE RECORD IN SUPPORT OF ITS DECISION.
(2) (a) A SEX OFFENDER SENTENCED
TO PROBATION PURSUANT TO SECTION 1613804 (2) IS SUBJECT
TO ARREST AND REVOCATION OF PROBATION AS PROVIDED IN SECTIONS
1611205 AND 1611206. AT ANY REVOCATION
PROCEEDING, THE SEX OFFENDER'S PROBATION OFFICER AND THE SEX OFFENDER'S
TREATMENT PROVIDER SHALL SUBMIT RECOMMENDATIONS CONCERNING THE
LEVEL OF TREATMENT AND MONITORING THAT SHOULD BE IMPOSED AS A
CONDITION OF PROBATION IF PROBATION IS NOT REVOKED OR WHETHER
THE SEX OFFENDER POSES A SUFFICIENT THREAT TO THE COMMUNITY THAT
PROBATION SHOULD BE REVOKED. THE RECOMMENDATIONS SHALL BE BASED
ON THE CRITERIA ESTABLISHED BY THE MANAGEMENT BOARD PURSUANT TO
SECTION 1613809. IF THE COURT REVOKES THE SEX OFFENDER'S
PROBATION, THE COURT SHALL SENTENCE THE SEX OFFENDER AS PROVIDED
IN SECTION 1613804, AND THE SEX OFFENDER SHALL BE
SUBJECT TO THE PROVISIONS OF THIS PART 8.
(b) AT A REVOCATION HEARING HELD PURSUANT
TO THIS SUBSECTION (2), THE COURT SHALL CONSIDER THE RECOMMENDATIONS
OF THE PROBATION OFFICER AND THE TREATMENT PROVIDER, IN ADDITION
TO EVIDENCE CONCERNING ANY OF THE GROUNDS FOR REVOCATION OF PROBATION
SPECIFIED IN SECTIONS 1611205 AND 1611206.
IF THE COURT CHOOSES NOT TO FOLLOW THE RECOMMENDATIONS MADE,
IT SHALL MAKE FINDINGS ON THE RECORD IN SUPPORT OF ITS DECISION.
1613811. Annual report.
(1) ON OR BEFORE NOVEMBER 1, 2000, AND ON OR BEFORE
EACH NOVEMBER 1 THEREAFTER, THE DEPARTMENT OF CORRECTIONS, THE
DEPARTMENT OF PUBLIC SAFETY, AND THE JUDICIAL DEPARTMENT SHALL
SUBMIT A REPORT TO THE JUDICIARY COMMITTEES OF THE HOUSE OF REPRESENTATIVES
AND THE SENATE AND TO THE JOINT BUDGET COMMITTEE OF THE GENERAL
ASSEMBLY SPECIFYING, AT A MINIMUM:
(a) THE IMPACT ON THE PRISON POPULATION,
THE PAROLE POPULATION, AND THE PROBATION POPULATION IN THE STATE
DUE TO THE EXTENDED LENGTH OF INCARCERATION AND SUPERVISION PROVIDED
FOR IN SECTIONS 1613804, 1613806, AND
1613808;
(b) THE NUMBER OF OFFENDERS PLACED IN
THE INTENSIVE SUPERVISION PAROLE PROGRAM AND THE INTENSIVE SUPERVISION
PROBATION PROGRAM AND THE LENGTH OF SUPERVISION OF OFFENDERS IN
SAID PROGRAMS;
(c) THE NUMBER OF SEX OFFENDERS SENTENCED
PURSUANT TO THIS PART 8 WHO RECEIVED PAROLE RELEASE HEARINGS AND
THE NUMBER RELEASED ON PAROLE DURING THE PRECEDING TWELVE MONTHS,
IF ANY;
(d) THE NUMBER OF SEX OFFENDERS SENTENCED
PURSUANT TO THIS PART 8 WHO RECEIVED PAROLE OR PROBATION DISCHARGE
HEARINGS AND THE NUMBER DISCHARGED FROM PAROLE OR PROBATION DURING
THE PRECEDING TWELVE MONTHS, IF ANY;
(e) THE NUMBER OF SEX OFFENDERS SENTENCED
PURSUANT TO THIS PART 8 WHO RECEIVED PAROLE OR PROBATION REVOCATION
HEARINGS AND THE NUMBER WHOSE PAROLE OR PROBATION WAS REVOKED
DURING THE PRECEDING TWELVE MONTHS, IF ANY;
(f) A SUMMARY OF THE EVALUATION INSTRUMENTS
DEVELOPED BY THE MANAGEMENT BOARD AND USE OF THE EVALUATION INSTRUMENTS
IN EVALUATING SEX OFFENDERS PURSUANT TO THIS PART 8; AND
(g) THE AVAILABILITY OF SEX OFFENDER TREATMENT
PROVIDERS THROUGHOUT THE STATE, INCLUDING LOCATION OF THE TREATMENT
PROVIDERS, THE SERVICES PROVIDED, AND THE AMOUNT PAID BY OFFENDERS
AND BY THE STATE FOR THE SERVICES PROVIDED, AND THE MANNER OF
REGULATION AND REVIEW OF THE SERVICES PROVIDED BY SEX OFFENDER
TREATMENT PROVIDERS.
1613812. Applicability of part.
THE PROVISIONS OF THIS PART 8 SHALL APPLY TO ANY PERSON WHO COMMITS
A SEX OFFENSE ON OR AFTER NOVEMBER 1, 1998.
SECTION 2. Part
2 of article 13 of title 16, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SECTION to read:
1613201.5. Applicability of part.
THE PROVISIONS OF THIS PART 2 SHALL APPLY TO PERSONS SENTENCED
FOR OFFENSES COMMITTED PRIOR TO NOVEMBER 1, 1998.
SECTION 3. 1611.7103
(4), Colorado Revised Statutes, is amended BY THE ADDITION OF
A NEW PARAGRAPH to read:
1611.7103. Sex offender management
board creation duties repeal.
(4) The board shall carry out the following duties:
(e) PURSUANT TO SECTION 1613809,
ON OR BEFORE JULY 1, 1999, THE BOARD, IN COLLABORATION WITH THE
DEPARTMENT OF CORRECTIONS, THE JUDICIAL DEPARTMENT, AND THE STATE
BOARD OF PAROLE SHALL DEVELOP CRITERIA FOR MEASURING A SEX OFFENDER'S
PROGRESS IN TREATMENT. SUCH CRITERIA SHALL ASSIST THE COURT AND
THE STATE BOARD OF PAROLE IN DETERMINING WHETHER A SEX OFFENDER
MAY APPROPRIATELY BE RELEASED FROM INCARCERATION PURSUANT TO SECTION
1613806 (1), OR WHETHER THE SEX OFFENDER'S LEVEL OF
SUPERVISION MAY BE REDUCED PURSUANT TO SECTION 1613806
(2) (a) OR 1613808, OR WHETHER THE SEX OFFENDER MAY
APPROPRIATELY BE DISCHARGED FROM PROBATION OR PAROLE PURSUANT
TO SECTION 1613806 OR 1613808. AT A MINIMUM,
THE CRITERIA SHALL BE DESIGNED TO ASSIST THE COURT AND THE STATE
BOARD OF PAROLE IN DETERMINING WHETHER THE SEX OFFENDER WOULD
POSE AN UNDUE THREAT TO THE COMMUNITY IF HE OR SHE WERE RELEASED
FROM INCARCERATION, RELEASED TO A REDUCED LEVEL OF SUPERVISION,
OR DISCHARGED FROM PROBATION OR PAROLE. THE CRITERIA SHALL NOT
LIMIT THE DECISIONMAKING AUTHORITY OF THE COURT OR THE STATE
BOARD OF PAROLE.
SECTION 40 181105 (1) (a) (V) (C)
and (1) (a) (V) (D), Colorado Revised Statutes, are amended, and
the said 181105 (1) (a) (V) is further amended BY
THE ADDITION OF THE FOLLOWING NEW SUBSUBPARAGRAPHS, to read:
181105. Felonies classified
presumptive penalties. (1) (a) (V) (C) Notwithstanding
subsubparagraph (A) of this subparagraph (V), the mandatory
period of parole for a person convicted of a felony offense COMMITTED
PRIOR TO JULY 1, 1996, pursuant to part 4 of article 3 of this
title, or part 3 of article 6 of this title, shall be five years.
(C.3) NOTWITHSTANDING THE PROVISIONS OF
SUBSUBPARAGRAPH (A) OF THIS SUBPARAGRAPH (V), THE PERIOD
OF PAROLE FOR A PERSON CONVICTED OF A FELONY OFFENSE COMMITTED
ON OR AFTER JULY 1, 1996, BUT PRIOR TO NOVEMBER 1, 1998, PURSUANT
TO PART 4 OF ARTICLE 3 OF THIS TITLE OR PART 3 OF ARTICLE 6 OF
THIS TITLE, SHALL BE SET BY THE STATE BOARD OF PAROLE PURSUANT
TO SECTION 172201 (5) (a.5), C.R.S.
(C.5) NOTWITHSTANDING THE PROVISIONS OF
SUBSUBPARAGRAPH (A) OF THIS SUBPARAGRAPH (V), ANY PERSON
SENTENCED FOR A SEX OFFENSE, AS DEFINED IN SECTION 1613803
(5), C.R.S., COMMITTED ON OR AFTER NOVEMBER 1, 1998, SHALL BE
SENTENCED PURSUANT TO THE PROVISIONS OF PART 8 OF ARTICLE 13 OF
TITLE 16, C.R.S.
(D) The mandatory period of parole imposed
pursuant to subsubparagraph (A) of this subparagraph (V)
shall commence immediately upon the discharge of an offender from
imprisonment in the custody of the department of corrections.
If the offender has been granted release to parole supervision
by the state board of parole, the offender shall be deemed to
have discharged the offender's sentence to imprisonment provided
for in subsubparagraph (A) of this subparagraph (V) in the
same manner as if such sentence were discharged pursuant to law;
EXCEPT THAT THE SENTENCE TO IMPRISONMENT FOR ANY PERSON SENTENCED
AS A SEX OFFENDER PURSUANT TO PART 8 OF ARTICLE 13 OF TITLE 16,
C.R.S., SHALL NOT BE DEEMED DISCHARGED ON RELEASE OF SAID PERSON
ON PAROLE. When an offender is released by the state board of
parole or released because the offender's sentence was discharged
pursuant to law, the mandatory period of parole shall be served
by such offender. An offender sentenced for nonviolent felony
offenses, as defined in section 1722.5405 (5), C.R.S.,
may receive earned time pursuant to section 1722.5405,
C.R.S., while serving a mandatory parole period in accordance
with this section but not while such offender is reincarcerated
after a revocation of the mandatory period of parole.
SECTION 50 181105 (1) (b), Colorado
Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH
to read:
181105. Felonies classified
presumptive penalties. (1) (b) (II.5) NOTWITHSTANDING
ANYTHING IN THIS SECTION TO THE CONTRARY, ANY PERSON SENTENCED
FOR A SEX OFFENSE, AS DEFINED IN SECTION 1613803 (5),
C.R.S., COMMITTED ON OR AFTER NOVEMBER 1, 1998, MAY BE SENTENCED
TO PAY A FINE IN ADDITION TO, BUT NOT INSTEAD OF, A SENTENCE FOR
IMPRISONMENT OR PROBATION PURSUANT TO SECTION 1613804,
C.R.S.
SECTION 60 181105 (1) (c) and (9)
(e) (I), Colorado Revised Statutes, are amended, and the said
181105 (9) is further amended BY THE ADDITION OF A
NEW PARAGRAPH, to read:
181105. Felonies classified
presumptive penalties. (1) (c) Except
as otherwise provided by statute, felonies are punishable by imprisonment
in any correctional facility under the supervision of the executive
director of the department of corrections. Nothing in this section
shall limit the authority granted in part 1 of article 13 of title
16, C.R.S., to increase sentences for habitual criminals. Nothing
in this section shall limit the authority granted in part
2 PARTS 2 AND 8 of article 13 of
title 16, C.R.S., to commit
SENTENCE sex offenders to the department of corrections OR TO
SENTENCE SEX OFFENDERS TO PROBATION for an indeterminate term.
Nothing in this section shall limit the authority granted in section
184202.1 for increased sentences for habitual burglary
offenders.
(9) (e) (I) If the defendant
is convicted of the class 2 felony of sexual assault in the first
degree under section 183402 (3), COMMISSION OF WHICH
OFFENSE OCCURS PRIOR TO NOVEMBER 1, 1998, the court shall be required
to sentence the defendant to a term of at least the midpoint in
the presumptive range but not more than twice the maximum term
authorized in the presumptive range for the punishment of that
class of felony.
(e.5) IF THE DEFENDANT IS CONVICTED OF
THE CLASS 2 FELONY OF SEXUAL ASSAULT IN THE FIRST DEGREE UNDER
SECTION 183402 (3), COMMISSION OF WHICH OFFENSE OCCURS
ON OR AFTER NOVEMBER 1, 1998, THE COURT SHALL BE REQUIRED TO SENTENCE
THE DEFENDANT TO AN INDETERMINATE SENTENCE OF AT LEAST THE MIDPOINT
IN THE PRESUMPTIVE RANGE FOR THE PUNISHMENT OF THAT CLASS OF FELONY
UP TO THE DEFENDANT'S NATURAL LIFE.
SECTION 70 181105 (9.7), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
181105. Felonies classified
presumptive penalties. (9.7) (c) WITH
RESPECT TO THE OFFENSES SPECIFIED IN SUBPARAGRAPHS (I) TO (VIII)
OF PARAGRAPH (b) OF THIS SUBSECTION (9.7) AND SEXUAL OFFENSES
THAT CONSTITUTE CRIMES OF VIOLENCE, THE PROVISIONS OF THIS SUBSECTION
(9.7) APPLY ONLY TO OFFENSES COMMITTED PRIOR TO NOVEMBER 1, 1998.
SECTION 8. 1611101
(1), Colorado Revised Statutes, is amended BY THE ADDITION OF
A NEW PARAGRAPH to read:
1611101. Alternatives in sentencing
repeal. (1) Within the
limitations of the penalties provided by the classification of
the offense of which a person is found guilty, and subject to
the provisions of this title, the trial court has the following
alternatives in entering judgment imposing a sentence:
(j) NOTWITHSTANDING ANY PROVISION OF THIS
SUBSECTION (1) TO THE CONTRARY, THE COURT SHALL SENTENCE ANY PERSON
CONVICTED OF A SEX OFFENSE, AS DEFINED IN SECTION 1613803
(5), COMMITTED ON OR AFTER NOVEMBER 1, 1998, PURSUANT TO THE PROVISIONS
OF PART 8 OF ARTICLE 13 OF THIS TITLE.
SECTION 90 1611309 (1), Colorado
Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH
to read:
1611309. Mandatory sentences for
violent crimes. (1) (c) NOTWITHSTANDING
THE PROVISIONS OF PARAGRAPH (a) OF THIS SUBSECTION (1), ANY PERSON
CONVICTED OF A SEX OFFENSE, AS DEFINED IN SECTION 1613803
(5), COMMITTED ON OR AFTER NOVEMBER 1, 1998, THAT CONSTITUTES
A CRIME OF VIOLENCE SHALL BE SENTENCED TO AN INDETERMINATE TERM
OF INCARCERATION OF AT LEAST THE MIDPOINT IN THE PRESUMPTIVE RANGE
UP TO A MAXIMUM OF THE PERSON'S NATURAL LIFE, AS PROVIDED IN SECTION
1613804 (1).
SECTION 100 172201 (5) (e), Colorado
Revised Statutes, is amended, and the said 172201
(5) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to
read:
172201. State board of parole.
(5) (a.7) AS TO ANY PERSON SENTENCED FOR CONVICTION
OF A SEX OFFENSE PURSUANT TO THE PROVISIONS OF PART 8 OF ARTICLE
13 OF TITLE 16, C.R.S., COMMITTED ON OR AFTER NOVEMBER 1, 1998,
THE BOARD SHALL GRANT PAROLE OR REFUSE TO GRANT PAROLE, FIX THE
CONDITIONS THEREOF, AND SET THE DURATION OF THE TERM OF PAROLE
GRANTED PURSUANT TO THE PROVISIONS OF PART 8 OF ARTICLE 13 OF
TITLE 16, C.R.S.
(e) As a condition of parole of every
person convicted of the class 2 felony of sexual assault in the
first degree under section 183402 (3), C.R.S., FOR
AN OFFENSE COMMITTED PRIOR TO NOVEMBER 1, 1998, the board shall
require that the parolee participate in a program of mental health
counseling or receive appropriate treatment to the extent that
the board deems appropriate to effectuate the successful reintegration
of the parolee into the community.
SECTION 11. 172201
(6), Colorado Revised Statutes, is amended to read:
172201. State board of parole.
(6) The board has the authority at any time after
the period of any parole is fixed to shorten the period thereof
or to lengthen said period within the limits specified in subsection
(5) of this section; EXCEPT THAT THE PROVISIONS OF THIS SUBSECTION
(6) SHALL NOT APPLY TO ANY PERSON SENTENCED AS A SEX OFFENDER
PURSUANT TO PART 8 OF ARTICLE 13 OF TITLE 16, C.R.S.
SECTION 120 1722.5403 (7) and (8),
Colorado Revised Statutes, are amended to read:
1722.5403. Parole eligibility.
(7) (a) For any offender who is incarcerated
for an offense committed on or after July 1, 1993, upon application
for parole, the state board of parole, working in conjunction
with the department and using the guidelines established pursuant
to section 1722.5404, shall determine whether or not
to grant parole. The state board of parole, if it determines
that placing an offender on parole is appropriate, shall set the
length of the period of parole at the mandatory period of parole
established in section 181105 (1) (a) (V), C.R.S.
If an application for parole is refused by the state board of
parole, the state board of parole shall reconsider within one
year thereafter whether such inmate should be granted parole.
The state board of parole shall continue such reconsideration
each year thereafter until such inmate is granted parole or until
such inmate is discharged pursuant to law; except that, if the
inmate applying for parole was convicted of a class 1 or class
2 crime of violence, as defined in section 1611309,
C.R.S., any class 3 sexual offense
described in part 4 of article 3 of title 18, C.R.S.,
SEX OFFENSE, AS DEFINED IN SECTION 1613803 (5), C.R.S.,
a habitual criminal offense as defined in section 1613101
(2.5), C.R.S., or of any offense subject to the requirements of
section 1613203, C.R.S., the board need only reconsider
granting parole to such inmate once every three years, until the
board grants such inmate parole or until such inmate is discharged
pursuant to law.
(b) NOTWITHSTANDING THE PROVISIONS OF
PARAGRAPH (a) OF THIS SUBSECTION (7), FOR ANY SEX OFFENDER, AS
DEFINED IN SECTION 1613803 (4), C.R.S., WHO IS SENTENCED
PURSUANT TO THE PROVISIONS OF PART 8 OF ARTICLE 13 OF TITLE 16,
C.R.S., FOR COMMISSION OF A SEX OFFENSE COMMITTED ON OR AFTER
NOVEMBER 1,1998, THE STATE BOARD OF PAROLE SHALL DETERMINE WHETHER
OR NOT TO GRANT PAROLE AS PROVIDED IN SECTION 1613806,
C.R.S. IF THE STATE BOARD OF PAROLE DETERMINES THAT PLACING A
SEX OFFENDER ON PAROLE IS APPROPRIATE, IT SHALL SET AN INDETERMINATE
PERIOD OF PAROLE AS PROVIDED IN SECTION 1613806, C.R.S.
IF THE STATE BOARD OF PAROLE DOES NOT RELEASE A SEX OFFENDER
ON PAROLE, IT SHALL RECONSIDER RELEASE ON PAROLE AT LEAST ONCE
EVERY THREE YEARS UNTIL THE STATE BOARD OF PAROLE DETERMINES THE
SEX OFFENDER MEETS THE CRITERIA FOR PAROLE SPECIFIED IN SECTION
1613806 (1), C.R.S.
(8) (a) For persons who are granted
parole pursuant to PARAGRAPH (a) OF subsection (7) of this section,
the division of adult services shall provide parole supervision
and assistance in securing employment, housing, and such other
services as may affect the successful reintegration of such offender
into the community while recognizing the need for public safety.
The conditions for parole for any such offender under this subsection
(8) PARAGRAPH (a) shall be established
pursuant to section 1722.5404 by the state board of
parole prior to such offender's release from incarceration. Upon
a determination that the conditions of parole have been violated
in a parole revocation proceeding, the state board of parole shall
continue the parole in effect, modify the conditions of parole
if circumstances then shown to exist require such modifications,
which circumstances shall be set forth in writing, or revoke the
parole and order the return of the offender to a place of confinement
designated by the executive director for any period of time up
to the period remaining on such person's mandatory period of parole
established in section 181105 (1) (a) (V), C.R.S.
Any offender who has been reincarcerated due to a parole revocation
pursuant to this subsection (8)
PARAGRAPH (a) shall be eligible for parole at any time during
such reincarceration. The state board of parole may discharge
an offender granted parole under this section at any time during
the term of parole upon a determination that the offender has
been sufficiently rehabilitated and reintegrated into society
and can no longer benefit from parole supervision. In making
any such determination, the state board of parole shall make written
findings as to why such offender is no longer in need of parole
supervision.
(b) FOR SEX OFFENDERS, AS DEFINED IN SECTION
1613803 (4), C.R.S., WHO ARE CONVICTED OF AN OFFENSE
COMMITTED ON OR AFTER NOVEMBER 1, 1998, AND WHO ARE GRANTED PAROLE
PURSUANT TO PARAGRAPH (b) OF SUBSECTION (7) OF THIS SECTION, THE
DIVISION OF ADULT SERVICES SHALL PROVIDE PAROLE SUPERVISION AND
ASSISTANCE IN SECURING EMPLOYMENT, HOUSING, AND SUCH OTHER SERVICES
AS MAY AFFECT THE SUCCESSFUL REINTEGRATION OF THE SEX OFFENDER
INTO THE COMMUNITY WHILE RECOGNIZING THE NEED FOR PUBLIC SAFETY.
THE CONDITIONS FOR PAROLE FOR ANY SEX OFFENDER SHALL BE ESTABLISHED
PURSUANT TO SECTION 1613806, C.R.S., AND SECTION 1722.5404
BY THE STATE BOARD OF PAROLE PRIOR TO THE SEX OFFENDER'S RELEASE
FROM INCARCERATION. UPON A DETERMINATION IN A PAROLE REVOCATION
PROCEEDING THAT THE SEX OFFENDER HAS VIOLATED THE CONDITIONS OF
PAROLE, THE STATE BOARD OF PAROLE SHALL CONTINUE THE PAROLE IN
EFFECT, MODIFY THE CONDITIONS OF PAROLE IF CIRCUMSTANCES THEN
SHOWN TO EXIST REQUIRE SUCH MODIFICATIONS, WHICH CIRCUMSTANCES
SHALL BE SET FORTH IN WRITING, OR REVOKE THE PAROLE AND ORDER
THE RETURN OF THE SEX OFFENDER TO A PLACE OF CONFINEMENT DESIGNATED
BY THE EXECUTIVE DIRECTOR FOR ANY PERIOD OF TIME UP TO THE REMAINDER
OF THE SEX OFFENDER'S NATURAL LIFE. THE REVOCATION HEARING SHALL
BE HELD AND THE STATE BOARD OF PAROLE SHALL MAKE ITS DETERMINATION
AS PROVIDED IN SECTION 1613810, C.R.S. FOLLOWING
REINCARCERATION, THE SEX OFFENDER'S ELIGIBILITY FOR PAROLE SHALL
BE DETERMINED PURSUANT TO SECTION 1613806, C.R.S.
THE STATE BOARD OF PAROLE MAY DISCHARGE A SEX OFFENDER FROM PAROLE
AS PROVIDED IN SECTION 1613806 (3), C.R.S.
SECTION 130 183402 (4), Colorado Revised
Statutes, is amended to read:
183402. Sexual assault in the first
degree. (4) (a) (I) If
a defendant is convicted of sexual assault in the first degree
pursuant to subsection (3) of this section, the court shall sentence
the defendant in accordance with section 181105 (9)
(e). A person convicted of sexual assault in the first degree
pursuant to subsection (3) of this section shall not be sentenced
under the crime of violence provisions of section 1611309
(2), C.R.S. Any sentence for a conviction under subsection (3)
of this section shall be consecutive to any sentence for a conviction
for a crime of violence under section 1611309, C.R.S.
(II) THE PROVISIONS OF THIS PARAGRAPH
(a) SHALL APPLY TO OFFENSES COMMITTED PRIOR TO NOVEMBER 1, 1998.
(b) ANY PERSON CONVICTED OF SEXUAL ASSAULT
IN THE FIRST DEGREE COMMITTED ON OR AFTER NOVEMBER 1, 1998, UNDER
ANY OF THE CIRCUMSTANCES DESCRIBED IN THIS SECTION SHALL BE SENTENCED
IN ACCORDANCE WITH THE PROVISIONS OF PART 8 OF ARTICLE 13 OF TITLE
16, C.R.S.
SECTION 140 186303, Colorado Revised
Statutes, is amended to read:
186303. Sentencing.
(1) The court may suspend a portion of the sentence
of any person who is convicted of a violation COMMITTED PRIOR
TO NOVEMBER 1, 1998, of any offense listed in this part 3 who
is not a habitual sex offender against children, as described
in section 183412, if the offender receives a presentence
evaluation which
THAT recommends a treatment program and the offender satisfactorily
completes the recommended treatment program.
(2) In addition to any other penalty provided
by law, the court may sentence a defendant who is convicted of
a first offense pursuant to this part 3, COMMITTED PRIOR TO NOVEMBER
1, 1998, to a period of probation for purposes of treatment which
THAT, when added to any time served, does not exceed the maximum
sentence imposable for the offense.
(3) THE COURT SHALL SENTENCE A DEFENDANT
WHO IS CONVICTED OF ANY OFFENSE SPECIFIED IN THIS PART 3 COMMITTED
ON OR AFTER NOVEMBER 1, 1998, PURSUANT TO THE PROVISIONS OF PART
8 OF ARTICLE 13 OF TITLE 16, C.R.S.
SECTION 15. The
introductory portion to 2475302 (2), Colorado Revised
Statutes, is amended, and the said 2475302 (2) is
further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:
2475302. Capital construction fund
capital assessment fees calculation.
(2) As of July 1, 1988, and July 1 of each year thereafter
through July 1, 2001
2002, a sum as specified in this subsection (2) shall accrue to
the capital construction fund. The state treasurer and the controller
shall transfer such sum out of the general fund and into the capital
construction fund as moneys become available in the general fund
during the fiscal year beginning on said July 1. Transfers between
funds pursuant to this subsection (2) shall not be deemed to be
appropriations subject to the limitations of section 2475201.1.
The amount which shall accrue pursuant to this subsection (2)
shall be as follows:
(o) ON JULY 1, 2002, EIGHT MILLION THREE
HUNDRED SEVEN THOUSAND FIVE HUNDRED NINE DOLLARS PURSUANT TO HB981156,
ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTYFIRST
GENERAL ASSEMBLY.
SECTION 16. Part
1 of article 1 of title 17, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SECTION to read:
171124. Appropriations to comply
with section 22703 HB 981156.
(1) PURSUANT TO SECTION 22703, C.R.S.,
THE FOLLOWING STATUTORY APPROPRIATIONS, OR SO MUCH THEREOF AS
MAY BE NECESSARY, ARE MADE IN ORDER TO IMPLEMENT HB981156,
ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTYFIRST
GENERAL ASSEMBLY:
(a) FOR THE FISCAL YEAR BEGINNING JULY
1, 1998, THE GENERAL ASSEMBLY HAS DETERMINED THAT HB981156
CAN BE IMPLEMENTED WITHIN EXISTING APPROPRIATIONS, AND THEREFORE
NO SEPARATE APPROPRIATION OF STATE MONEYS IS NECESSARY TO CARRY
OUT THE PURPOSES OF HB981156.
(b) FOR THE FISCAL YEAR BEGINNING JULY
1, 1999, THE GENERAL ASSEMBLY HAS DETERMINED THAT HB981156
CAN BE IMPLEMENTED WITHIN EXISTING APPROPRIATIONS, AND THEREFORE
NO SEPARATE APPROPRIATION OF STATE MONEYS IS NECESSARY TO CARRY
OUT THE PURPOSES OF HB981156.
(c) FOR THE FISCAL YEAR BEGINNING JULY
1, 2000, THE GENERAL ASSEMBLY HAS DETERMINED THAT HB981156
CAN BE IMPLEMENTED WITHIN EXISTING APPROPRIATIONS, AND THEREFORE
NO SEPARATE APPROPRIATION OF STATE MONEYS IS NECESSARY TO CARRY
OUT THE PURPOSES OF HB981156.
(d) FOR THE FISCAL YEAR BEGINNING JULY
1, 2001, THE GENERAL ASSEMBLY HAS DETERMINED THAT HB981156
CAN BE IMPLEMENTED WITHIN EXISTING APPROPRIATIONS, AND THEREFORE
NO SEPARATE APPROPRIATION OF STATE MONEYS IS NECESSARY TO CARRY
OUT THE PURPOSES OF HB981156.
(e) FOR THE FISCAL YEAR BEGINNING JULY
1, 2002, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY
APPROPRIATED FROM THE CAPITAL CONSTRUCTION FUND CREATED IN SECTION
2475302, C.R.S., TO THE CORRECTIONS EXPANSION RESERVE
FUND CREATED IN SECTION 171116, THE SUM OF EIGHT MILLION
THREE HUNDRED SEVEN THOUSAND FIVE HUNDRED NINE DOLLARS ($8,307,509).
SECTION 17. Appropriation.
(1) In addition to any other appropriation, there
is hereby appropriated, out of any moneys in the general fund
not otherwise appropriated, to the department of public safety
, for the fiscal year beginning July 1, 1998, the sum of eightyone
thousand one hundred nineteen dollars ($81,119) and 1.0 FTE, or
so much thereof as may be necessary, for the implementation of
this act.
(2) In addition to any other appropriation,
there is hereby appropriated, out of any moneys in the general
fund not otherwise appropriated, to the judicial department, for
the fiscal year beginning July 1, 1998, the sum of nine hundred
fortyseven thousand eight hundred ninety dollars ($947,890)
and 15.9 FTE, or so much thereof as may be necessary, for the
implementation of this act. Of said sum, eight thousand nine
hundred fortythree dollars ($8,943) and 0.2 FTE, or so much
thereof as may be necessary, is for allocation to the district
court; and nine hundred thirtyeight thousand nine hundred
fortyseven dollars ($938,947) and 15.7 FTE, or so much thereof
as may be necessary, is for allocation to the office of probation
services.
(3) In addition to any other appropriation,
there is hereby appropriated, out of any moneys in the general
fund not otherwise appropriated, to the department of corrections,
for the fiscal year beginning July 1, 1998, the sum of one hundred
three thousand seven hundred ninetysix dollars ($103,796)
and 2.2 FTE, or so much thereof as may be necessary, for the implementation
of this act. Of said sum, sixtythree thousand five hundred
thirtyone dollars ($63,531) and 1.5 FTE, or so much thereof
as may be necessary, is for allocation to the sex offender treatment
program; thirtyeight thousand five hundred ninety dollars
($38,590) and 0.7 FTE, or so much thereof as may be necessary,
is for allocation to the sex offender intensive parole program;
and one thousand six hundred seventyfive dollars ($1,675),
or so much thereof as may be necessary, is for allocation to the
division of community corrections.
SECTION 180 Appropriation
adjustments in 1998 long bill. (1) For
the implementation of this act, appropriations made in the annual
general appropriation act to the department of corrections for
the fiscal year beginning July 1, 1998, shall be adjusted as follows:
(a) The general fund appropriation for Medical Services Subprogram, Operating Expenses, is decreased by two hundred fifty thousand dollars ($250,000);
(b) The general fund appropriation for
Community Services, Postparole Transitional Release Facility,
is decreased by two hundred ten thousand dollars ($210,000).
SECTION 190 Appropriation
legislative intent. It is the intent
of the general assembly that seven hundred twentyone thousand
seven hundred ninetyone dollars ($721,791) of the total
general fund appropriation for the implementation of this act
shall be derived from savings generated from implementation of
the provisions of HB981242, as enacted during the second
regular session of the sixtyfirst general assembly.
SECTION 200 Effective
date applicability. This act shall take
effect November 1, 1998, and shall apply to offenses committed
on or after said date; except that this act shall not take effect
if HB981242 is not enacted during the second regular session
of the sixtyfirst general assembly.
SECTION 210 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.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO