Are Colorado Juveniles Who Are Adjudicated As Sex Offenders – Required to Register Along With Adults? – Who Is Required to Register as a Sex Offender?
• Adults who were convicted of an unlawful sexual offense on a child on or after July 1, 1991or who were released on or after July 1, 1991 from the Department of Corrections after serving a sentence for a sexual offense against a child.
• Offenders who were convicted of any sexual offense after July 1, 1994 or released from the Department of Corrections on or after July 1, 1994 after serving a sentence for any type of sexual offense.
What If I Have NOT Been Convicted of a Sex Offense?
There are also individuals who are required to register even though they were convicted of, or pled guilty to, a non-sexual offense. This occurs when the person admits in court, after advisement, that the underlying factual basis of the offense involved an unlawful sexual behavior (e.g. a person who committed a rape and a burglary, but pled guilty to or was convicted of only the burglary, may still have to register because the original offense included unlawful sexual behavior).
What About Juveniles and the Sex Offender Registration Requirements?
The same registration laws apply to juveniles who receive a disposition, are adjudicated, or receive a deferred adjudication based on the commission of any act that may constitute unlawful sexual behavior.
However, courts may exempt juveniles from having to register when:
An exemption would not pose significant risk to community
The person was younger than 18 years old at the time of the offense
There is no previous charge for unlawful sexual behavior
The original charge is a first offense and is either a misdemeanor unlawful sexual contact or indecent exposure
The sex offense evaluation, conducted by an approved provider, recommends an exemption in the best interests of the juvenile and the community
The court makes written findings of fact specifying grounds for exemption
Who Instructs Sex Offenders to Register?
Sex offenders receive notice of the requirement to register from judges, probation and parole officers, and staff at the Department of Human Services, county jails, and the Department of Corrections.
Where Do Sex Offenders Register?
A sex offender must register at the law enforcement agency in the jurisdiction where he/she resides. If he/she lives within the corporate limits of a city or town, he/she must register at the police department. If he/she lives outside the limits of a city or town, he/she must register at the county sheriff’s department.
When must a Sex Offender Register?
Sex offenders are required to register within five (5) business days of becoming a resident of Colorado, or within five (5) business days of being released into the community under criminal justice supervision (probation, parole, community corrections). If released from the Department of Corrections (prison) with no criminal justice supervision, a sex offender must register the next business day.
Most sex offenders must re-register annually on their birth date. In addition, sex offenders must re-register whenever they legally change their name, move to a different address, establish an additional residence, or are employed in the state for more than 14 consecutive business days or 30 days in a calendar year. A person must also register if they are enrolled, volunteer, or are employed by any type of post-secondary educational institution in this state.
Any person convicted as an adult of the following offenses must register quarterly (every 90 days) for the remainder of their life (Section 16-22-108(1)(d), C.R.S.):
• Sexual assault on a child
• Sexual assault on a child by one in a position of trust
• Sexual assault on a client by a psychotherapist
• Incest or Aggravated Incest
• Anyone found to be a Sexually Violent Predator.
Anytime an offender ceases to reside at an address, he/she must notify the local law enforcement agency. (Section 16-22-108(4)(a) C.R.S.)
What If a Sex Offender Fails to Register?
If a sex offender fails to comply with any registration requirements, he/she may be charged with the criminal offense of “Failure to Register as a Sex Offender,” an offense which may be charged as a felony.
Can a Sex Offender Ever Be Removed from the Sex Offender Registry?
Both adult and juvenile offenders may petition the court to be removed from the sex offender registry. For an adult offender, there is a minimum amount of time that a person has to remain on the registry, depending on the type of crime that was committed. Some sex offenders must remain on the registry for the remainder of their lives. Juvenile offenders may petition the court to be removed from the registry after the completion of their sentence if there has not been an additional offense for unlawful sexual behavior.
How Does One Gain Access to the Sex Offender Registry?
(1) The Requestor must visit their local law enforcement agency and request the sex offender registry list.
• Registry information may be released to any person 18 years or older residing within the law enforcement agency’s jurisdiction.
• Persons requesting information will need to show proper ID or other proof of residence.
• The Colorado Bureau of Investigation may provide information to any person who resides within the same local law enforcement agency jurisdiction as the requesting person or in a contiguous local law enforcement agency.
• When necessary for public protection and demonstration of a “need to know,” the Colorado Bureau of Investigation may provide information concerning sex offenders who reside within geographical areas other than the ones specified above.
In determining “need to know,” law enforcement will, at a minimum, consider the nature and extent of the citizen’s presence or the presence of the citizen’s immediate family in a specific jurisdiction. (The term, “immediate family,” includes the person’s spouse, parent, grandparent, sibling, or child.)
(2) In some cases – one can check the Colorado Bureau of Investigation (CBI) website (http://sor.state.co.us) which contains a statewide list of certain high-risk registered sex offenders. The list is limited to the following groups of offenders:
• Sexually Violent Predators (SVPs) – SVPs are considered the highest risk sex offenders. Most convicted SVPs are currently in prison. The identifying information is posted on this site only when they are living in the community either under criminal justice supervision or having completed their sentence. SVPs are the only category of sex offenders that is subject to Community Notification.
• Multiple Offenders – These sex offenders have two or more adult felony convictions for unlawful sexual behavior or crimes of violence.
• Failed to Register – These sex offenders have not registered as required with their local law enforcement agencies and are subject to additional criminal charges for their non-compliance.