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Colorado Sex Offender Criteria for Release of Colorado Sex Offenders from Prison to Parole

What follows is the published criteria for releasing Colorado convicted sex offender who have been incarcerated in prison.

In order to demonstrate that the sex offender would not pose an undue threat to the community if released from prison to parole, he or she must meet the criteria in each of the following areas of focus:

A. Criminal Behavior Past and Present

1. The offender acknowledges and takes full responsibility for the crime of conviction.

2. The offender has adequate plans to address components of the crime(s) that pose current risk as identified in the mental health sex offense-specific evaluation, treatment plan or relapse prevention plan. Such components may be, but are not limited to:

Initial charge versus the conviction or plea

Facts and circumstances of the crime Premeditation, grooming or predatory behavior

Nature of the crime was incidental to another crime or was spontaneous

The use of threats, violence or weapons

Age of victim(s) or the presence of any mental or physical disability in the victim(s)

Any conviction other than the instant offense for a violent crime per CRS 16-11-309

B. Sentence Failures

1. The offender acknowledges reasons for sentence failures (which could include, but are not limited to deferred prosecutions or judgements, probation, community correction, or parole), as verified by official record, and has made progress in addressing those reasons or demonstrates the presence of a plan that addresses those issues.

C. Participation in Programs

1. Required participation in the Sex Offender Treatment and Management Program (SOTMP). SOTMP program staff report offender compliance with recommended program plan and sufficient progress in treatment.

2. Demonstrated participation in all recommended programs. Positive participation and recommendations from staff of each program (based on program compliance) or a clearly established plan to obtain recommended programming in the community where placement in the community does not pose an undue risk.

3. If the offender is placed in community corrections, he or she has demonstrated positive participation and progress as indicated by recommendation from Community Corrections staff and SOMB approved sex offense-specific treatment provider.

D. Code Of Penal Discipline Rules Convictions, Escapes or Absconds

Discussion: Non compliance with rules in a highly structured environment like DOC is

highly related to risk of re-offense.

1. No COPD rules convictions in the last 12 months.

2. No drug violations and demonstrates all clean Urinealysis for the last 12 months.

3. No sexual violations in DOC for a minimum period of the last 2 years.

E. Classification Level Changes

1. The offender has had no increase in classification level in the last 12 months.

F. Risk Assessment

1. The offender has completed the SOTMP evaluation (in adherence to SOMB Standards and including the administration of the DCJ Sex Offender Risk Scale) and has a recommendation from the SOTMP program staff, which is based on the evaluation, for release to parole.

G. Victim Input (Pursuant to 17-22.5-404 (2) (a) (I) this may include the victim or a relative of the victim)

1. The offender has had no contact with the victim, other than therapeutically approved contact. (Contact means any kind of communication either direct or indirect by the offender with the victim and includes but is not limited to physical proximity, written correspondence, electronic, telephone or through third parties.)

2. The offender is not engaging in victim blaming.

3. The offender is not engaging in harassment, manipulation or coercion of the victim.

4. Offender has demonstrated support for the victims recovery, minimally at the level of no contact, as verified by SOTMP staff.

H. Age of Offender at Offense vs Date of Parole Hearing

1. The offender demonstrates the emotional maturity necessary to predict a successful release to parole.

I. Parole Plan

1. The offender’s Parole plan minimally includes the following:

No undue level of risk is indicated in any part of the parole plan or recommendations from any DOC staff.

The offender has an appropriate plan to safely transition back to the community.

The home living situation is free from former and potential victims.

The offender has appropriate employment plans with lack of access to potential victims.

The offender has access to and demonstrates willingness to participate in sex offense specific treatment and other recommended treatment if released on Parole.

The appropriate level of supervision and containment is available where the offender plans to live.

The offender has a realistic plan to pay restitution based on a his or her ability to pay.

J. Honesty

1. The offender demonstrates truthful, complete and non-evasive answers to all questions posed by the parole board members

Other articles on this site address being sentenced to an indeterminate sentence to prison. On occasion , individuals are sentenced to prison for determinate sex offenses and are released. A very small percentage of inmates sentenced under indeterminate life sentences are also released.

Supervision of parolees.

The DOC has established an intensive supervision program for sex offenders who have served a prison term and have subsequently been released on parole. Sex offenders who appear before the parole board may be required, as a condition of parole, to participate in the supervision program. Any individual who is convicted of failure to register as a sex offender is also required to participate.

The supervision program for parolees or probationers is designed to minimize risk to the

public, to the greatest extent possible, and may include:

• severely limited activities;

• daily contact between the sex offender and the parole or probation officer;

• monitored curfew;

• home visitation;

• employment visitation and monitoring;

• drug and alcohol screening;

• treatment referrals and monitoring; and

• payment of restitution.

Conditions for release on parole.

Each sex offender who has completed the minimum period of an indeterminate sentence is entitled to a hearing of the parole board.

The parole board determines whether or not a sex offender may be released on parole. In making that determination, the board considers whether the sex offender has successfully progressed in treatment, whether the individual would present an undue risk to the community, and whether there is a strong and reasonable probability that the individual will repeat the crime.

A parolee’s supervision level is subject to reduction by the offender’s parole officer at any time. The parole officer may also return a sex offender to the intensive supervision parole program if the parole officer believes that an increased level of supervision is necessary to protect the public safety.

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___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
The Edward Building
8400 East Prentice Avenue - Suite 420
Greenwood Village, Colorado 80111
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