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Early Termination of Probation In Certain Colorado Sex Offender Cases

By Colorado Sex Crimes Criminal Defense Lawyer – H. Michael Steinberg

Early Termination of Probation In Certain Colorado Sex Offender Cases – presents a considerable challenge to a Colorado criminal defense lawyer’s primary task.

Early Termination of Probation  In Certain Colorado Sex Offender Cases

Early Termination of Probation In Certain Colorado Sex Offender Cases

Colorado sex offender probation is different than almost every other type of more “generic” probation.  With few exceptions – (compare economic crime probation) there is no form of probation that is more strict and unforgiving than SOISP or Sex Offender Intensive Supervision probation. 

A recent case in Colorado  – People v. Dinkel – makes this fact clear and is instructive in understanding Colorado sex offender probation…

The Motion For Early Termination Of Class 3 Felony Colorado Sex Offender Probation For Sexual Assault On A Child In A Position Of Trust

In 2002 – Dikel was sentenced after pleading guilty to sexual assault on a child under the age of 15 by a person in a position of trust, a class 3 felony to an indeterminate twenty-year-to-life term of sex offender intensive supervision probation (SOISP).

In 2010, the Court granted the defendant’s request to modify his probation from SOISP to “regular Sex Offender Supervision” but denied his request in 2011 to terminate his probation in its entirety.

The Provision On The Colorado Sex Offender Lifetime Supervision Act That Permits Modification Of A Sex Offender Probationary Sentence – §18-1.3-204(4)(a)

Here is the section of the law that allows for modification of Sex Offender and other forms of probation:

…..

(4)(a) For good cause shown and after notice to the defendant, the district attorney, and the probation officer, and after a hearing if the defendant or the district attorney requests it, the judge may reduce or increase the term of probation or alter the conditions or impose new conditions. 

Defendant contended that the trial court had the power under § 18-1.3-204(4)(a) of the Sex Offender Lifetime Supervision Act (Act) to reduce or increase a term of a sex offender’s probation.

The DA argued that certain laws  – §§ 18-1.3-1004(2)(a) and -1008(2) of the Sex Offender Lifetime Supervision Act (Act) restricts individuals on sex offender probation for the crime of such as Dinkel convicted of sexual assault on a child under the age of 15 by a person in a position of trust. Under this law – if probation is granted – the defendant must receive a minimum of twenty years of probation. The Act does not permit early discharge of the sex offender’s probationary sentence before the twenty-years are served.

The Court of Appeals therefore ruled that the trial judge had no power to terminate defendant’s probation until he completed at least twenty years of the sentence had been completed.

Section 18-1.3-1008(2) states:

On completion of twenty years of probation for any sex offender convicted of a class 2 or 3 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.

Section 18-1.3-1008(3), then addresses the factors a court must consider when determining whether to discharge a sex offender from probation pursuant to section 18-1.3-1008:

In determining whether to discharge a sex offender from probation pursuant to section 18-1.3-1008, “the court shall consider the recommendations of the sex offender’s probation officer and treatment provider.” § 18-1.3-1008(3)(a).  While termination of a sex offender’s probation can occur when “the sex offender has successfully progressed in treatment and would not pose an undue threat . . . if allowed to live in the community without treatment or supervision.” BUT – this review can only happen after 20 years has elapsed.

Early Termination of Probation In Certain Colorado Sex Offender Cases – Lawyer H. Michael Steinberg

While a sex offender on probation does not require a lawyer to file a motion for early termination  – An experienced lawyer may make the difference between winning and losing the motion.

An experienced Colorado Sex Offender lawyer advocating all of the favorable facts that would justify the early termination of probation by your side, will obtain written documentation from your probation officer (and most likely subpoena the probation officer)to establish that you are in full compliance with probation. Other witnesses – such as your therapist – can also testify to support your position.

To be successful in a motion for early termination of probation – a defendant must comply with the statute reprinted below:

§ 18-1.3-1008.   Probation – conditions – release  

(1) If the court sentences a sex offender to probation, in addition to any conditions imposed pursuant to section  18-1.3-204, 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  18-1.3-1007.

(1.5) If the court as a condition of probation sentences a sex offender to a residential community corrections program, following completion of the minimum period of sentence specified by the court, the community corrections program shall notify the judicial department when it determines that 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 while continuing on intensive supervision probation. The community corrections program shall base its determination on the criteria established by the management board pursuant to section  18-1.3-1009. The judicial department shall file the recommendations of the community corrections program with the court. Upon order of the court, the sex offender shall be released from the community corrections program, and the court shall order the sex offender, as a condition of probation, to participate in the intensive supervision program created in section  18-1.3-1007. The sex offender shall participate in such program until further order of the court.

(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  18-1.3-1009. 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  18-1.3-1009, concerning whether the sex offender should be discharged. 

Early Termination of Probation In Certain Colorado Sex Offender Cases

Denver Colorado Criminal Defense Lawyer

The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.

H. Michael Steinberg, is a Denver, Colorado criminal defense lawyer who will provide you with a free initial case consultation to evaluate your legal issues and to answer your questions with an honest assessment of your options.

Helping Clients To Make Informed Decisions In the Defense of Colorado Criminal Cases. Colorado Defense Lawyer H. Michael Steinberg provides solid criminal defenses for clients throughout the Front Range of Colorado – including the City and County courts of Adams County, Arapahoe County, City and County of Boulder, City and County of Broomfield, City and County of Denver, Douglas County, El Paso County – Colorado Springs, Gilpin County, Jefferson County, Larimer County, and Weld County,…. and all the other cities and counties of Colorado along the I-25 Corridor… on cases involving the ….  Early Termination of Probation In Certain Colorado Sex Offender Cases.


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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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