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Colorado Criminal Sex Crimes Law – FAQ – Can A Colorado Sex Offender Transfer Probation to Another State Under the Colorado Lifetime Treatment of Sex Offenders Act?

Colorado, like all 50 states, is governed by the Interstate Compact on Adult Offender Supervision (ICOAS).

Here is the Specific Rule regarding the transfer of Sex Offender Probation to another state.

It is VERY DIFFICULT to accomplish this transfer. But to accomplish it at all – let’s start with the rule: Rule 3.101-3 Transfer of supervision of sex offenders

(a) Eligibility for Transfer-At the discretion of the sending state a sex offender shall be eligible for transfer to a receiving state under the Compact rules. A sex offender shall not be allowed to leave the sending state until the sending state‘s request for transfer of supervision has been approved, or reporting instructions have been issued, by the receiving state. In addition to the other provisions of Chapter 3 of these rules, the following criteria will apply.

(b) Application for Transfer-In addition to the information required in an application for transfer pursuant to Rule 3.107, in an application for transfer of supervision of a sex offender the sending state shall provide the following information, if available, to assist the receiving state in supervising the offender:

(1) assessment information, including sex offender specific assessments;

(2) social history;

(3) information relevant to the sex offender‘s criminal sexual behavior;

(4) law enforcement report that provides specific details of sex offense;

(5) victim information

(A) the name, sex, age and relationship to the offender;

(B) the statement of the victim or victim‘s representative;

(6) the sending state‘s current or recommended supervision and treatment plan.

(c) Reporting instructions for sex offenders living in the receiving state at the time of sentencing-Rule 3.103 applies to the transfer of sex offenders, except for the following:

(1) The receiving state shall have five business days to review the proposed residence to ensure compliance with local policies or laws prior to issuing reporting instruction. If the proposed residence is invalid due to existing state law or policy, the receiving state may deny reporting instructions.

(2) No travel permit shall be granted by the sending state until reporting instructions are issued by the receiving state.

References: ICAOS Advisory Opinions

1-2008 An investigation in such cases would be largely meaningless without the cooperation of the sending state in providing sufficient details concerning the sex offense in question and a refusal to provide such information so as to allow the receiving state to make a reasonable determination as to whether the proposed residence violates local policies or laws would appear to violate the intent of this rule

For the specific sex offender rules under ICAOS- by state – hit this link

http://www.interstatecompact.org/StateDocs/StateDocuments.aspx

This same link will take you to website that contains the complete law in Colorado pertaining to the Interstate Transfers of Probation – the law is CRS 24-60-2802. Execution of compact.

 


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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.
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