Many people are familiar with Colorado’s Sex Offender Registration requirements, but often overlook the longstanding impact this has on an individual. It has been a mandatory requirement in Colorado for convictions for committing a sexual assault or similar crime on or after July 1, 1991. Generally, the convicted offender receives a notice from a parole officer, judge, probation officer to register himself/ herself in the database. The notice may also be sent from county jails, the Department of Human Services, law enforcement offices, the Department of Corrections or community corrections.
What is impact of the registration?
Once you are registered in the database of sexual offenders in Colorado, you are required to personally visit the law enforcement agency in the area of your residence. Post-registration, the public will be notified of your name and address. Your date of birth, aliases, likeness and details of the unlawful behavior that led to the registration being ordered will also be made public. All of this information will be put up on a local website so that the public can easily and quickly access it. These requirements are in place to ensure that the society is safe from sexual predators and convicted offenders who have indulged in sex crimes. For you, the convicted person, this public disclosure of your personal data and convictions can have some very serious consequences on your personal and professional life.
Process of registering as a sex offender
Registering in the sexual offenders database may be a complex affair, but it is very important to follow the regulations and register in time. Failure to do so may result in being taken into custody and charges may be filed for the failure to register since this is deemed as a felony for felony probation/parole and a misdemeanor for misdemeanor sex crimes.
The law requires that the registration for individuals under supervision should be completed within five business days after a temporary or permanent residence has been established in Colorado. For those who are not under supervision, the registration needs to be completed by the next day.
If the convicted offender moves to another location, he/ she has to re-register with the law enforcement agency after canceling the registration at the previous location. Failure to deregister as a sex offender is also a crime. If his/ her home falls outside city limits, the registration needs to be done with the Sheriff’s Department. Re-registration after a name change is also mandatory. Annual or quarterly re-registration may be mandatory depending on the nature of the sex crime. The following crimes warrant re-registration:
- Sexual assault (violating 18-3-402)
- First degree sexual assault (violating 18-3-402, as it was before July 1, 2000)
- Second degree sexual assault (violating 18-3-403, as it was before July 1, 2000)
- Sexual assault on child (violating section 18-3-405)
- Sexual assault on child by a person in position of trust (violating section 18-3-405.3)
- Sexual assault by psychotherapist on client (violating 18-3-405.5)
- Incest (violating 18-6-301)
- Aggravated Incest (violating 18-6-302)
- Individuals who are deemed sexually violent predators
Registration as a Sexual Offender in Colorado
Under Colorado Law, Registration as a Sexual Offender in Colorado is mandatory following virtually all sex crime convictions. Sexual offenses are placed under various categories and while there are certain offenses which may lead to lifelong probation sentencing requirements for the sex offenders, others may not. Once you are required to register as a sex offender, you must register until the court allows you to stop registering. For most cases that is a minimum of 10 years after the end of supervision. For a few misdemeanor sex crimes, the registration requirement is for 5 years after the end of probation supervision. Regardless of the time of registration, the requirement continues until the offender files a petition to end the registration requirement.
This involves sexual imposition/penetration on a victim of at least 15 years of age with the perpetrator being minimum ten years older. Also the perpetrator is not the victim’s spouse.
Enticement of a child
This involves inviting/persuading or making an attempt to invite/persuade with the intention of performing sexual assault or illegal sexual act. The victim is a child below the age of 15 years who is taken to a place such as building room, vehicle or any other isolated place.
Notification to sex offenders for registration requirement
In Colorado, it is the responsibility of the county jail personnel, DOC personnel, parole and probation officers to inform the sex offenders, when convicted or released from custody to file for a registration with the local legal authority in their respective jurisdiction in the United States.
Also young sex offenders under the jurisdiction of the Division of Youth Corrections, Department of Human Services personnel should be notified by them about registration requirements.
Where and when to register?
Sex offenders in Colorado need to file for a registration with either the county sheriff or the area chief of police. Offenders need to register in the jurisdiction in which they reside, whether Colorado or any other state. The sex offender registry across the state is maintained by the Colorado Bureau of Investigation (CBI).
Sex offenders must register within five working days of one of the following events:
1. If they are out on parole, probation or asked to undertake community service under criminal justice regulation.
2. When they receive registration requirement notice and are not imprisoned but given direct sentence of community supervision; or
3. If they establish a temporary, secondary or permanent residence in the state.
Information to be provided by sex offenders for registration
A standardized form has been created by the Colorado Bureau of Investigation that has to be used by a sex offender for the purpose of submitting information at the time of registration. It includes data such as the name (all legal names), address, date of birth, employment details, latest photograph and the likes.
If you reside in Denver and have been involved in a sex crime case and you have completed the terms of probation. You may be eligible at some point to deregister as a sex offender. You should seek the services of experienced Criminal Defense Attorney, Richard B. Huttner to help you get through the various stages of sex offender de-registration. He is known for his expertise in the field of criminal defense law and has handled many de-registration cases with success in the past.