Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0532.01 Michael Dohr x4347
SENATE BILL 22-089
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING SEX OFFENDER MANAGEMENT .101
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Under current law, there is a single sex offender management
board that sets standards for sex offender treatment and approves sex
offender treatment providers (treatment providers), among other things.
The bill creates 2 boards, one for adult sex offenders and one for juvenile
sex offenders.
Under current law, a sex offender is given the choice of 2
treatment providers. The bill allows a sex offender access to the list of all
treatment providers to choose from, with some restrictions.
SENATE SPONSORSHIP
Gardner,
HOUSE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. The bill gives prosecutors discretion to permit a sex offender
evaluation to be dispensed with if it is only triggered by sexual offense
history.
The bill directs the department of corrections (department) to
identify all inmates who are required to undergo sex-offense treatment,
are eligible to receive sex-offense treatment, and have not been provided
with the opportunity to undergo sex-offense treatment while incarcerated.
The department shall provide this data to the adult sex offender
management board prior to August 31, 2022. The division of parole in the
department and the adult sex offender management board shall meet and
develop solutions to address the needs of treatment for offenders
incarcerated in the department. The adult sex offender management board
shall present findings to the division of criminal justice in the department
of public safety prior to January 1, 2023.
The bill requires the boards to create a joint application review
subcommittee to serve each board for the application and review process
of treatment providers, evaluators, and polygraph examiners. The bill
requires the boards to maintain a record of any denial or removal from the
list of approved treatment providers or other sanctions due to a provider's
criminal history.
The bill requires the adult sex offender management board to
conduct a reoffense research project to collect and analyze data related to
rearrest and reconviction rates for sex offenders.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 16-11-102, amend2
(1)(a)(VI) introductory portion, (1)(a)(VI)(A), (1)(b)(I) introductory3
portion, (1)(b)(II); and add (1)(b)(I)(D) as follows:4
16-11-102. Presentence or probation investigation.5
(1) (a) (VI) The report described in subparagraph (I) of this paragraph (a)
6
SUBSECTION (1)(a)(I) OF THIS SECTION need not include the statement7
described in subparagraph (II) of this paragraph (a) SUBSECTION (1)(a)(II)8
OF THIS SECTION if:9
(A) The defendant is a sex offender for whom the
ADULT sex10
offender management board has established separate and distinct release11
guidelines pursuant to section 18-1.3-1009; C.R.S.;
12
SB22-089-2- (b) (I) Each presentence report prepared regarding a sex offender,1
as defined in section 16-11.7-102 (2), with respect to any offense2
committed on or after January 1, 1996, shall MUST contain the results of3
an evaluation and identification conducted pursuant to article 11.7 of this4
title TITLE 16; except that:5
(D) I
F THE DEFENDANT IS DESI GNATED A SEX OFFENDER FOR6
PURPOSES OF REQUIRING AN EVALUATION BECAUSE OF THE DEFENDANT 'S7
PREVIOUS HISTORY OF SEXUAL OFFENSE , AS DESCRIBED IN SECTION8
16-11.7-102 (2)(a)(II),
AND THE DISTRICT ATTORNEY WAIVED THE9
EVALUATION REQUIREMENT , AS DESCRIBED IN SECTION 16-11.7-104 (1),10
AN EVALUATION AND IDENTIFICATION PURSUANT TO ARTICLE 11.7 OF THIS11
TITLE 16 IS NOT REQUIRED BUT MAY BE ORDERED BY THE COURT .12
(II) In addition, the presentence report shall
MUST include, when13
appropriate as provided in section 18-3-414.5, C.R.S., the results of the14
risk assessment screening instrument developed pursuant to section15
16-11.7-103 (4)(d). Notwithstanding the provisions of subsection (4) of16
this section, a presentence report shall MUST be prepared for each person17
convicted as a sex offender, and the court may not dispense with the18
presentence evaluation, risk assessment, and report unless an evaluation19
and risk assessment has been completed within the last two years and20
there has been no material change that would affect the evaluation and21
risk assessment in the past two years,
OR IF THE DESIGNATION OF SEX22
OFFENDER IS DUE TO THE DEFENDANT 'S PREVIOUS HISTORY OF SEXUAL23
OFFENSE, AS DESCRIBED IN SECTION 16-11.7-102 (2)(a)(II), AND THE24
DISTRICT ATTORNEY WAIVED THE REQUIREMENT FOR AN EVALUATION AND25
IDENTIFICATION PURSUANT TO ARTICLE 11.7 OF THIS TITLE 16.26
SECTION 2. In Colorado Revised Statutes, 16-11.7-102, amend27
SB22-089
-3- (4); and repeal (1.3) as follows:1
16-11.7-102. Definitions. As used in this article 11.7, unless the2
context otherwise requires:3
(1.3) "Board" means the sex offender management board created4
in section 16-11.7-103.5
(4) "Treatment" means therapy, monitoring, and supervision of6
any sex offender which THAT conforms to the standards created by the7
ADULT SEX OFFENDER MANAGEMENT board pursuant to section8
16-11.7-103
OR THE JUVENILE SEX OFFENDER MANAGEMENT BOARD9
PURSUANT TO SECTION 16-11.7-103.5.10
SECTION 3. In Colorado Revised Statutes, 16-11.7-103, amend11
(1), (3), (4) introductory portion, (4)(b)(II), (4)(e)(I), (4)(h)(II), (6)(a), and12
(6)(b); repeal (4)(i), (4)(j), and (4)(k); and add (4)(m) as follows:13
16-11.7-103. Adult sex offender management board - creation14
- duties - repeal. (1) There is hereby
created in the department of public15
safety a AN ADULT sex offender management board, REFERRED TO IN THIS16
SECTION AS THE "BOARD", that consists of twenty-five FIFTEEN members.17
The membership of the board must reflect, to the extent possible,18
representation of
PERSONS FROM urban and rural areas of the state;19
PERSONS WITH DISABILITIES; PERSONS OF DIVERSE RACIAL , ETHNIC,20
GENDER, LINGUISTIC, AND CULTURAL BACKGROUNDS ; and a balance of
21
PERSONS WITH expertise in adult and juvenile issues relating to persons22
who commit sex offenses ISSUES RELATED TO SEX OFFENSES COMMITTED23
BY ADULTS. The membership of the board consists of the following24
persons, who are appointed as follows:25
(a) The chief justice of the supreme court shall appoint three TWO26
members as follows:27
SB22-089
-4- (I) One member who represents the judicial department; AND1
(II) One member who is a district court judge; and2
(III) One member who is a juvenile court judge or juvenile court3
magistrate;4
(b) The executive director of the department of corrections shall5
appoint one member who represents the department of corrections;6
(c) The executive director of the department of human services7
shall appoint three members as follows:8
(I) One member who represents the department of human services9
and who has recognizable expertise in child welfare and case10
management;11
(II) One member who represents the division of youth services in12
the department of human services; and13
(III) One member who is a provider of out-of-home placement14
services with recognizable expertise in providing services to juveniles15
who have committed sexual offenses;16
(d) The executive director of the department of public safety shall17
appoint sixteen ELEVEN members as follows:18
(I) One member who represents the division of criminal justice in19
the department of public safety;20
(II) Two THREE members who are licensed mental health21
professionals with recognizable expertise in the treatment of adult sex22
offenders
AND WHO HAVE BEEN PROFESSIONALS APPROVED BY THE BOARD23
PURSUANT TO SECTION 16-11.7-106 (2)(b);24
(III) Two members who are licensed mental health professionals
25
with recognizable expertise in the treatment of juveniles who have26
committed sexual offenses;27
SB22-089
-5- (IV) One member who is a member of a community corrections1
board;2
(V) One member who is a public defender with recognizable3
expertise related to sexual offenses;4
(VI) One member who represents law enforcement with5
recognizable expertise in addressing sexual offenses and victimization;6
(VII) Three members who are recognized experts in the field of7
sexual abuse and who can represent sexual abuse victims and victims'8
rights organizations;
AND9
(VIII) One member who is a clinical polygraph examiner
WHO10
HAS BEEN APPROVED BY THE BOARD PURSUANT TO SECTION 16-11.7-10611
(2)(b);12
(IX) One member who is a private criminal defense attorney with
13
recognizable expertise related to sexual offenses;14
(X) One member who is a county director of human or social15
services, appointed after consultation with a statewide group representing16
counties; and17
(XI) Two members who are county commissioners or members of18
the governing council for a jurisdiction that is a contiguous city and19
county, one of whom shall represent an urban or suburban county and one20
of whom shall represent a rural county, appointed after consultation with21
a statewide group representing counties;22
(e) The executive director of the Colorado district attorneys'23
council shall appoint one member who represents the interests of24
prosecuting attorneys and who has recognizable expertise in prosecuting25
sexual offenses. and26
(f) The commissioner of education shall appoint one member who27
SB22-089
-6- has experience with juveniles who have committed sexual offenses and1
who are in the public school system.2
(3) Members of the board shall serve at the pleasure of the3
appointing authority for terms of four years. except that the member4
appointed pursuant to subparagraph (IX) of paragraph (d) of subsection5
(1) of this section prior to July 1, 2011, shall serve the term of years in6
effect at the time of his or her appointment. The appointing authority may7
reappoint a member for an additional term or terms. Members of the8
board shall serve without compensation.9
(4) Duties of the board. The board shall carry out HAS the10
following duties:11
(b) Guidelines and standards for treatment of adult offenders.12
(II) To revise the guidelines and standards developed pursuant to this13
paragraph (b), the board shall establish a committee to make14
recommendations to the board. At least eighty percent of the members of15
the committee must be approved treatment providers THE REVISION OF16
THE GUIDELINES AND STANDARDS PURSUANT TO THIS SUBSECTION (4)(b)17
MUST BE ADOPTED PURSUANT TO THE VOTING PROCEDURES OUTLINED IN18
THE BYLAWS ADOPTED BY THE BOARD . IN ADDITION, THE BOARD SHALL19
ESTABLISH ANY NECESSARY COMMITTEES TO CARRY OUT RESEARCH ,20
PUBLIC DISCUSSION, AND PRESENTATION OF INFORMATION TO THE BOARD21
FOR THE PURPOSE OF REVISING THE GUIDELINES AND STANDARDS . IN22
ADDITION TO THE NECESSARY COMMI TTEES , THE BOARD SHALL ESTABLISH:23
(A)
A BEST PRACTICES COMMITTEE TO PROVIDE GUIDANCE TO THE24
BOARD ON CURRENT BEST PRACTICES FOR TREATMENT OF SEX OFFENDERS .25
A
T LEAST EIGHTY PERCENT OF THE MEMBERS OF THE BEST PRACTICES26
COMMITTEE MUST BE APPROVED TREATMENT PROVIDERS .27
SB22-089
-7- (B) A VICTIM ADVOCACY COMMITTEE TO PROVIDE1
REPRESENTATION OF VICTIM EXPERIENCES AND PROVIDE GUI DANCE TO THE2
BOARD ON VICTIM -CENTERED PRACTICES FOR THE EVALUATION ,3
IDENTIFICATION, TREATMENT, MANAGEMENT, AND MONITORING OF SEX4
OFFENDERS. THE VICTIM ADVOCACY CO MMITTEE MAY BE A JOINT5
COMMITTEE UTILIZED BY BOTH THE BOARD AND THE JUVENILE SEX6
OFFENDER MANAGEMENT BOARD CREATED IN SECTION 16-11.7-103.5.7
(e) Evaluation of policies and procedures - report. (I) The8
board shall research, either through direct evaluation or through a review9
of relevant research articles and sex offender treatment empirical data,10
and analyze, through a comprehensive review of evidence-based11
practices, the effectiveness of the evaluation, identification, and treatment12
policies and procedures for adult sex offenders developed pursuant to this13
article ARTICLE 11.7. This research shall MUST specifically include, but14
need not be limited to, reviewing and researching reoffense and factors15
that contribute to reoffense for sex offenders as defined in this article16
ARTICLE 11.7, the effective use of cognitive behavioral therapy to prevent17
reoffense, the use of polygraphs in treatment, and the containment model18
for adult sex offender management and treatment and its effective19
application. The board shall revise the guidelines and standards for20
evaluation, identification, and treatment, as appropriate, based upon the21
results of the board's research and analysis. T
HE REVISION OF THE22
GUIDELINES AND STANDARDS MUST BE ADOPTED PURSUANT TO THE23
VOTING PROCEDURES OUTLINED IN THE BYLAWS ADOPTED BY THE BOARD .24
The board shall also develop and prescribe a system to implement the25
guidelines and standards developed pursuant to paragraph (b) of this
26
subsection (4) SUBSECTION (4)(b) OF THIS SECTION.27
SB22-089
-8- (h) Data collection from treatment providers. (II) The board1
shall develop a data collection plan, including associated costs, in2
consultation with the research and evaluation professionals on the board3
and within the department of public safety. The board shall report on the4
data collection plan to the judiciary committees of the general assembly,5
or any successor committees, as part of its annual report presented6
pursuant to section 16-11.7-109 (2) in January 2017. By July 1, 2017, the7
board shall revise the guidelines and standards for approved providers8
developed pursuant to paragraphs (b) and (j) of this subsection (4)9
SUBSECTION (4)(b) OF THIS SECTION to require evaluators, treatment10
providers, and polygraph examiners to collect data pursuant to the data11
collection plan. If the board determines that it will be unable to complete12
the revision of the guidelines and standards by July 1, 2017, the board13
shall report to the judiciary committees of the general assembly, or any14
successor committees, a projected completion date as part of its annual15
report presented pursuant to section 16-11.7-109 (2) in January 2017.16
(i) Standards for identification and evaluation of juvenile17
offenders. The board shall develop, prescribe, and revise, as appropriate,18
a standard procedure to evaluate and identify juveniles who have19
committed sexual offenses, including juveniles with developmental20
disabilities. The procedure shall provide for an evaluation and21
identification of the juvenile offender and recommend behavior22
management, monitoring, treatment, and compliance and shall23
incorporate the concepts of the risk-need-responsivity or another24
evidence-based correctional model based upon the knowledge that all25
unlawful sexual behavior poses a risk to the community and that certain26
juveniles may have the capacity to change their behavior with appropriate27
SB22-089
-9- intervention and treatment. The board shall develop and implement1
methods of intervention for juveniles who have committed sexual2
offenses, which methods have as a priority the physical and psychological3
safety of victims and potential victims and that are appropriate to the4
needs of the particular juvenile offender, so long as there is no reduction5
in the safety of victims and potential victims.6
(j) (I) Guidelines and standards for treatment of juvenile7
offenders. The board shall develop, implement, and revise, as8
appropriate, guidelines and standards to treat juveniles who have9
committed sexual offenses, including juveniles with intellectual and10
developmental disabilities, incorporating in the guidelines and standards11
the concepts of the risk-need-responsivity or another evidence-based12
correctional model, which guidelines and standards may be used for13
juvenile offenders who are placed on probation, committed to the14
department of human services, placed on parole, or placed in out-of-home15
placement. Programs implemented pursuant to the guidelines and16
standards developed pursuant to this subsection (4)(j) must be as flexible17
as possible so that the programs may be accessed by each juvenile18
offender to prevent him or her from harming victims and potential19
victims. Programs must provide a continuing monitoring process and a20
continuum of treatment options available to a juvenile offender as he or21
she proceeds through the juvenile justice system. Treatment options may22
include, but need not be limited to, group counseling, individual23
counseling, family counseling, outpatient treatment, inpatient treatment,24
shared living arrangements, and treatment in a therapeutic community.25
Programs implemented pursuant to the guidelines and standards26
developed pursuant to this subsection (4)(j) must be, to the extent27
SB22-089
-10- possible, accessible to all juveniles who have committed sexual offenses1
and who are in the juvenile justice system, including juveniles with2
behavioral, mental health, or co-occurring disorders.3
(II) To revise the guidelines and standards developed pursuant to4
this paragraph (j), the board shall establish a committee to make5
recommendations to the board. At least eighty percent of the members of6
the committee must be approved treatment providers.7
(k) Evaluation of policies and procedures for juvenile8
offenders. The board shall research and analyze the effectiveness of the9
evaluation, identification, and treatment procedures developed pursuant10
to this article for juveniles who have committed sexual offenses. The11
board shall revise the guidelines and standards for evaluation,12
identification, and treatment, as appropriate, based upon the results of the13
board's research and analysis. The board shall also develop and prescribe14
a system to implement the guidelines and standards developed pursuant15
to paragraph (j) of this subsection (4).16
(m) B
EGINNING SEPTEMBER 1, 2022, THE BOARD SHALL ESTABLISH17
A REOFFENSE RESEARCH PROJECT IN ORDER TO COLLECT AND ANALYZE SEX18
OFFENSE CONVICTIONS, AS "SEX OFFENSE" IS DEFINED IN THIS ARTICLE19
11.7,
AND TRACK CORRELATING REARREST AND RECONVICTION RATES OF20
ANY FELONY OR MISDEMEANOR NON -TRAFFIC OFFENSES COMMITTED BY A21
SEX OFFENDER, AS DEFINED IN THIS ARTICLE 11.7, WITH THE EXCEPTION OF22
JUVENILES WHO HAVE COMMITTED SEXUAL OFFENSES . THE BOARD SHALL23
WORK IN CONSULTATION WITH THE DEPARTMENT OF PUBLIC SAFETY , THE24
C
OLORADO BUREAU OF INVESTIGATION , THE DEPARTMENT OF25
CORRECTIONS, AND THE STATE BOARD OF PAROLE TO COMPLETE THE26
RESEARCH AND COMPILE A REPORT TO BE INCLUDED IN THE REPORT TO THE27
SB22-089
-11- GENERAL ASSEMBLY REQUIRED BY SECTION 16-11.7-109 (2), BEGINNING1
WITH THE JANUARY 2025 REPORT.2
(6) Repeal. (a) This section is repealed, effective September 1,3
2023 SEPTEMBER 1, 2026. Before the repeal, this section is scheduled for4
review in accordance with section 24-34-104.5
(b) Prior to said BEFORE THE repeal, the ADULT sex offender6
management board appointed pursuant to this section shall be reviewed7
as provided for in section 24-34-104. C.R.S.8
SECTION 4. In Colorado Revised Statutes, add 16-11.7-103.59
as follows:10
16-11.7-103.5. Juvenile sex offender management board -11
creation - duties - repeal. (1) T
HERE IS CREATED IN THE DEPARTMENT OF12
PUBLIC SAFETY A JUVENILE SEX OFFENDER MANAGEMENT BOARD ,13
REFERRED TO IN THIS SECTION AS THE "JUVENILE BOARD", THAT CONSISTS14
OF THIRTEEN MEMBERS. THE GENERAL ASSEMBLY FINDS THAT , WHILE15
HOLDING PARAMOUNT THE PUBLIC SAFETY , THE JUVENILE JUSTICE SYSTEM16
TAKES INTO CONSIDERATION THE BEST INTERESTS OF THE JUVENILE , THE17
VICTIM, AND THE COMMUNITY IN PROVIDING APPROPRIATE TREATMENT TO18
REDUCE THE RATE OF RECIDIVISM IN THE JUVENILE JUSTICE SYSTEM AND19
TO ASSIST THE JUVENILE IN BECOMING A PRODUCTIVE MEMBER OF20
SOCIETY. THE JUVENILE BOARD SHALL REFLECT THE SAME21
CONSIDERATIONS. THE MEMBERSHIP OF THE JUVENILE BOARD MUST22
REFLECT, TO THE EXTENT POSSIBLE, REPRESENTATION OF PERSONS FROM23
URBAN AND RURAL AREAS OF THE STATE ; PERSONS WITH DISABILITIES;24
PERSONS OF DIVERSE RACIAL , ETHNIC, GENDER, LINGUISTIC, AND25
CULTURAL BACKGROUNDS ; AND PERSONS WITH EXPERTISE IN JUVENILE26
ISSUES RELATING TO JUVENILES WHO COMMIT SEX OFFENSES . THE27
SB22-089
-12- MEMBERSHIP OF THE JUVENILE BOARD CONSISTS OF THE FOLLOWING1
PERSONS, APPOINTED AS FOLLOWS:2
(a) T
HE CHIEF JUSTICE OF THE SUPREME COURT SHALL APPOINT3
TWO MEMBERS AS FOLLOWS :4
(I) O
NE MEMBER WHO REPRESENTS THE JUDICIAL DEPARTMENT ;5
AND6
(II) O
NE MEMBER WHO IS A JUVENILE COURT JUDGE OR JUVENILE7
COURT MAGISTRATE;8
(b) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HUMAN9
SERVICES SHALL APPOINT THREE MEMBERS AS FOLLOWS :10
(I) O
NE MEMBER WHO REPRESENTS THE DEPARTMENT OF HUMAN11
SERVICES AND WHO HAS RECOGNIZABLE EXPERTISE IN CHILD WELFARE12
AND CASE MANAGEMENT ;13
(II) O
NE MEMBER WHO REPRESENTS THE DIVISION OF YOUTH14
SERVICES IN THE DEPARTMENT OF HUMAN SERVICES ; AND15
(III) O
NE MEMBER WHO IS A PROVIDER OF OUT -OF-HOME16
PLACEMENT SERVICES WITH RECOGNIZABLE EXPERTISE IN PROVIDING17
SERVICES TO JUVENILES WHO HAVE COMMITTED SEXUAL OFFENSES ;18
(c) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC19
SAFETY SHALL APPOINT SIX MEMBERS AS FOLLOWS :20
(I) T
WO MEMBERS WHO ARE LICENSED MENTAL HEALTH21
PROFESSIONALS WITH RECOGNIZABLE EXPERTISE IN THE TREATMENT OF22
JUVENILES WHO HAVE COMMITTED SEXUAL OFFENSES ;23
(II) O
NE MEMBER WHO IS A PUBLIC DEFENDER WITH24
RECOGNIZABLE EXPERTISE RELATED TO JUVENILE SEX OFFENSES ;25
(III) O
NE MEMBER WHO REPRESENTS LAW ENFORCEMENT AND HAS26
WORKED AS A SCHOOL RESOURCE OFFICER WHO HAS EXPERIENCE IN27
SB22-089
-13- ADDRESSING SEX OFFENSES AND VICTIMIZATION ; AND1
(IV) T
WO MEMBERS WHO ARE RECOGNIZED EXPERTS IN THE FIELD2
OF SEXUAL ABUSE AND WHO CAN REPRESENT SEXUAL ABUSE VICTIMS AND3
VICTIMS' RIGHTS ORGANIZATIONS;4
(d) T
HE EXECUTIVE DIRECTOR OF THE COLORADO DISTRICT5
ATTORNEYS' COUNCIL SHALL APPOINT ONE MEMBER WHO REPRESENTS THE6
INTERESTS OF PROSECUTING ATTORNEYS AND WHO HAS RECOGNIZABLE7
EXPERTISE IN PROSECUTING JUVENILE SEX OFFENSES ; AND8
(e) T
HE COMMISSIONER OF EDUCATION SHALL APPOINT ONE9
MEMBER WHO HAS EXPERIENCE WITH JUVENILES WHO HAVE COMMITTED10
SEXUAL OFFENSES AND WHO ARE IN THE PUBLIC SCHOOL SYSTEM .11
(2) T
HE MEMBERS OF THE JUVENILE BOARD SHALL ELECT12
PRESIDING OFFICERS FOR THE JUVENILE BOARD , INCLUDING A CHAIR AND13
VICE-CHAIR, FROM AMONG THE JUVENILE BOARD MEMBERS APPOINTED14
PURSUANT TO SUBSECTION (1) OF THIS SECTION. THE PRESIDING OFFICERS'15
TERMS ARE FOR TWO YEARS. JUVENILE BOARD MEMBERS MAY RE -ELECT16
A PRESIDING OFFICER.17
(3) A
JUVENILE BOARD MEMBER SERVES AT THE PLEASURE OF THE18
APPOINTING AUTHORITY FOR A TERM OF FOUR YEARS . THE APPOINTING19
AUTHORITY MAY REAPPOINT A MEMBER FOR AN ADDITIONAL TERM OR20
TERMS. MEMBERS OF THE JUVENILE BOARD SERVE WITHOUT21
COMPENSATION. WHEN THERE IS A VACANCY ON THE JUVENILE BOARD ,22
THE APPOINTING AUTHORITY SHALL APPOINT A PERSON TO SERVE THE23
REMAINDER OF THE TERM FOR THAT JUVENILE BOARD POSITION .24
(4) Duties of the board. T
HE JUVENILE BOARD HAS THE25
FOLLOWING DUTIES:26
(a) Standards for identification and evaluation of juvenile27
SB22-089
-14- offenders. T HE JUVENILE BOARD SHALL DEVELOP , PRESCRIBE, AND1
REVISE, AS APPROPRIATE, A STANDARD PROCEDURE TO EVALUATE AND2
IDENTIFY JUVENILES WHO HAVE COMMITTED SEXUAL OFFENSES ,3
INCLUDING JUVENILES WITH INTELLECTUAL AND DEVELOPMENTAL4
DISABILITIES, AND JUVENILES WHO HAVE BEEN CONVICTED IN DISTRICT5
COURT PURSUANT TO SECTION 19-2.5-801 OR 19-2.5-802 IF THE JUVENILE6
IS SENTENCED AND UNDERGOING SUPERVISION PRIOR TO REACHING7
TWENTY-ONE YEARS OF AGE. THE PROCEDURE MUST PROVIDE FOR AN8
EVALUATION AND IDENTIFICATION OF THE JUVENILE OFFENDER AND9
RECOMMEND BEHAVIOR MANAGEMENT , MONITORING, TREATMENT, AND10
COMPLIANCE AND MUST INCORPORATE THE CONCEPTS OF THE11
RISK-NEED-RESPONSIVITY OR ANOTHER EVIDENCE -BASED CORRECTIONAL12
MODEL BASED UPON THE KNOWLEDGE THAT ALL UNLAWFUL SEXUAL13
BEHAVIOR POSES A RISK TO THE COMMUNITY AND THAT CERTAIN14
JUVENILES MAY HAVE THE CAPACITY TO CHANGE THEIR BEHAVIOR WITH15
APPROPRIATE INTERVENTION AND TREATMENT . THE JUVENILE BOARD16
SHALL DEVELOP AND IMPLEMENT METHODS OF INTERVENTION FOR17
JUVENILES WHO HAVE COMMITTED SEXUAL OFFENSES . THE PRIORITY FOR18
THE INTERVENTION METHODS IS THE PHYSICAL AND PSYCHOLOGICAL19
SAFETY OF VICTIMS AND POTENTIAL VICTIMS AND THAT THE20
INTERVENTION METHODS ARE APPROPRIATE TO THE NEEDS OF THE21
PARTICULAR JUVENILE OFFENDER, SO LONG AS THERE IS NO REDUCTION IN22
THE SAFETY OF VICTIMS AND POTENTIAL VICTIMS .23
(b) (I) Guidelines and standards for treatment of juvenile24
offenders. T
HE JUVENILE BOARD SHALL DEVELOP , IMPLEMENT, AND25
REVISE, AS APPROPRIATE, GUIDELINES AND STANDARDS TO TREAT26
JUVENILES WHO HAVE COMMITTED SEXUAL OFFENSES , INCLUDING27
SB22-089
-15- JUVENILES WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES ,1
INCORPORATING IN THE GUIDELINES AND STANDARDS THE CONCEPTS OF2
THE RISK-NEED-RESPONSIVITY OR ANOTHER EVIDENCE -BASED3
CORRECTIONAL MODEL. THE GUIDELINES AND STANDARDS MAY BE USED4
FOR JUVENILE OFFENDERS WHO ARE PLACED ON PROBATION , COMMITTED5
TO THE DEPARTMENT OF HUMAN SERVICES , PLACED ON PAROLE, OR6
PLACED IN OUT -OF-HOME PLACEMENT . TREATMENT PROGRAMS7
IMPLEMENTED PURSUANT TO THE GUIDELINES AND STANDARDS8
DEVELOPED PURSUANT TO THIS SUBSECTION (4)(b) MUST BE AS FLEXIBLE9
AS POSSIBLE SO THAT THE TREATMENT PROGRAMS MAY BE ACCESSED BY10
EACH JUVENILE OFFENDER TO PREVENT THE OFFENDER FROM HARMING11
VICTIMS AND POTENTIAL VICTIMS. TREATMENT PROGRAMS MUST PROVIDE12
A CONTINUING MONITORING PROCESS AND A CONTINUUM OF TREATMENT13
OPTIONS AVAILABLE TO A JUVENILE OFFENDER AS THE OFFENDER14
PROCEEDS THROUGH THE JUVENILE JUSTICE SYSTEM . TREATMENT OPTIONS15
MAY INCLUDE, BUT NEED NOT BE LIMITED TO , GROUP COUNSELING,16
INDIVIDUAL COUNSELING , FAMILY COUNSELING, OUTPATIENT TREATMENT,17
INPATIENT TREATMENT, SHARED LIVING ARRANGEMENTS, AND TREATMENT18
IN A THERAPEUTIC COMMUNITY . TREATMENT PROGRAMS IMPLEMENTED19
PURSUANT TO THE GUIDELINES AND STANDARDS DEVELOPED PURS UANT TO20
THIS SUBSECTION (4)(b) MUST BE, TO THE EXTENT POSSIBLE, ACCESSIBLE21
TO ALL JUVENILES WHO HAVE COMMITTED SEXUAL OFFENSES AND WHO22
ARE IN THE JUVENILE JUSTICE SYSTEM , INCLUDING JUVENILES WITH23
BEHAVIORAL, MENTAL HEALTH, OR CO-OCCURRING DISORDERS.24
(II) T
HE REVISION OF THE GUIDELINES AND STANDARDS PURSUANT25
TO THIS SUBSECTION (4)(b) MUST BE ADOPTED PURSUANT TO THE VOTING26
PROCEDURES OUTLINED IN THE BYLAWS ADOPTED BY THE JUVENILE27
SB22-089
-16- BOARD. IN ADDITION, THE JUVENILE BOARD SHALL ESTABLISH ANY1
NECESSARY COMMITTEES TO CARRY OUT RESEARCH , PUBLIC DISCUSSION,2
AND PRESENTATION OF INFORMATION TO THE JUVENILE BOARD FOR THE3
PURPOSE OF REVISING THE GUIDELINES AND STANDARDS . IN ADDITION TO4
THE NECESSARY COMMITTEES , THE JUVENILE BOARD SHALL ESTABLISH:5
(A)
A BEST PRACTICES COMMITTEE TO PROVIDE GUIDANCE TO THE6
JUVENILE BOARD ON CURRENT BEST PRACTICES FOR TREATMENT OF SEX7
OFFENDERS. AT LEAST EIGHTY PERCENT OF THE MEMBERS OF THE BEST8
PRACTICES COMMITTEE MUST BE APPROVED TREATMENT PROVIDERS .9
(B)
A VICTIM ADVOCACY COMMITTEE TO PROVIDE10
REPRESENTATION OF VICTIM EXPERIENCES AND PROVIDE GUIDANCE TO THE11
JUVENILE BOARD ON VICTIM-CENTERED PRACTICES FOR THE EVALUATION ,12
IDENTIFICATION, TREATMENT, MANAGEMENT, AND MONITORING OF SEX13
OFFENDERS. THE VICTIM ADVOCACY COMMI TTEE MAY BE A JOINT14
COMMITTEE UTILIZED BY BOTH THE JUVENILE BOARD AND THE ADULT SEX15
OFFENDER MANAGEMENT BOARD CREATED IN SECTION 16-11.7-103.16
(c) Evaluation of policies and procedures for juvenile17
offenders. T
HE JUVENILE BOARD SHALL RESEARCH AND ANALYZE THE18
EFFECTIVENESS OF THE EVALUATION , IDENTIFICATION, AND TREATMENT19
PROCEDURES DEVELOPED PURSUANT TO THIS ARTICLE 11.7 FOR JUVENILES20
WHO HAVE COMMITTED SEXUAL OFFENSES . THE JUVENILE BOARD SHALL21
REVISE THE GUIDELINES AND STANDARDS FOR EVALUATION ,22
IDENTIFICATION, AND TREATMENT, AS APPROPRIATE, BASED UPON THE23
RESULTS OF THE JUVENILE BOARD 'S RESEARCH AND ANALYSIS . THE24
REVISION OF THE GUIDELINES AND STANDARDS MUST BE ADOPTED25
PURSUANT TO THE VOTING PROCEDURES OUTLINED IN THE BYLAWS26
ADOPTED BY THE JUVENILE BOARD . THE JUVENILE BOARD SHALL ALSO27
SB22-089
-17- DEVELOP AND PRESCRIBE A SYSTEM TO IMPLEMENT THE GUIDELINES AND1
STANDARDS DEVELOPED PURSUANT TO SUBSECTION (4)(b) OF THIS2
SECTION.3
(d) Educational materials. T
HE JUVENILE BOARD , IN4
COLLABORATION WITH LAW ENFORCEMENT AGENCIES , VICTIM ADVOCACY5
ORGANIZATIONS, THE DEPARTMENT OF EDUCATION, AND THE DEPARTMENT6
OF PUBLIC SAFETY, SHALL DEVELOP AND REVISE, AS APPROPRIATE, FOR USE7
BY SCHOOLS, THE STATEMENT IDENTIFIED IN SECTION 22-1-124 AND8
EDUCATIONAL MATERIALS REGARDING GENERAL INFORMATION ABOUT9
JUVENILES WHO HAVE COMMITTED SEXUAL OFFENSES , SAFETY CONCERNS10
RELATED TO SUCH OFFENDERS , AND OTHER RELEVANT MATERIALS . THE11
JUVENILE BOARD SHALL PROVIDE THE STATEMENT AND MATERIALS TO THE12
DEPARTMENT OF EDUCATION, AND THE DEPARTMENT OF EDUCATION SHALL13
MAKE THE STATEMENT AND MATERIALS AVAILABLE TO SCHOOLS IN THE14
STATE.15
(5) Immunity. T
HE JUVENILE BOARD AND THE INDIVIDUAL BOARD16
MEMBERS ARE IMMUNE FROM ANY LIABILITY , WHETHER CIVIL OR17
CRIMINAL, FOR THE GOOD-FAITH PERFORMANCE OF THE DUTIES OF THE18
JUVENILE BOARD.19
(6) Repeal. (a) T
HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER20
1,
2026.21
(b) B
EFORE THE REPEAL , THE JUVENILE SEX OFFENDER22
MANAGEMENT BOARD APPOINTED PURSUANT TO THIS SECTION IS23
SCHEDULED FOR REVIEW IN ACCORDANCE WITH SECTION 24-34-104.24
SECTION 5. In Colorado Revised Statutes, 16-11.7-104, amend25
(1) as follows:26
16-11.7-104. Sex offenders - evaluation and identification27
SB22-089
-18- required. (1) On and after January 1, 1994, each convicted adult sex1
offender and
EACH juvenile who has committed a sexual offense who is2
to be considered for probation shall be
IS required, as a part of the3
presentence or probation investigation required pursuant to section4
16-11-102, to submit to an evaluation for treatment, an evaluation for5
risk, procedures required for monitoring of behavior to protect victims6
and potential victims, and an identification developed pursuant to section7
16-11.7-103 (4)
FOR ADULT SEX OFFENDERS AND 16-11.7-103.5 (4) FOR8
JUVENILES WHO HAVE COMMITTED SE XUAL OFFENSES ; EXCEPT THAT, IN9
THE EVENT THE DEFENDANT IS DESIGNATED A SEX OFFENDER FOR10
PURPOSES OF REQUIRING AN EVALUATION BECAUSE OF THE DEFENDANT 'S11
PREVIOUS HISTORY OF SEXUAL OFFENSE , AS DESCRIBED IN SECTION12
16-11.7-102 (2)(a)(II),
THE COURT MAY WAIVE THE REQUIREMENT FOR13
THE EVALUATION WITH CONSENT OF THE DISTRICT ATTORNEY .14
SECTION 6. In Colorado Revised Statutes, 16-11.7-105, amend15
(2); and add (1.5) and (3) as follows:16
16-11.7-105. Sentencing of sex offenders - treatment based17
upon evaluation and identification required. (1.5) T
HE DEPARTMENT18
OF CORRECTIONS SHALL IDENTIFY ALL INMATES WHO ARE REQUIRED TO19
UNDERGO SEX-OFFENSE TREATMENT , ARE ELIGIBLE TO RECEIVE20
SEX-OFFENSE TREATMENT, AND HAVE NOT BEEN PROVIDED WITH THE21
OPPORTUNITY TO UNDERGO TREATMENT WHILE INCARCERATED . THE22
DEPARTMENT OF CORRECTIONS SHALL PROVIDE THIS DATA TO THE ADULT23
SEX OFFENDER MANAGEMENT BOARD ESTABLISHED IN SECTION24
16-11.7-103
PRIOR TO AUGUST 31, 2022. THE DIVISION OF PAROLE IN THE25
DEPARTMENT OF CORRECTIONS AND THE ADULT SEX OFFENDER26
MANAGEMENT BOARD SHALL MEET AND DEVELOP SOLUTIONS TO ADDRESS27
SB22-089
-19- THE NEEDS OF TREATMENT FOR OFFENDERS INCARCERATED IN THE1
DEPARTMENT OF CORRECTIONS . THE ADULT SEX OFFENDER MANAGEMENT2
BOARD SHALL PRESENT FINDINGS TO THE DIVISION OF CRIMINAL JUSTICE3
IN THE DEPARTMENT OF PUBLIC SAFETY PRIOR TO JANUARY 1, 2023.4
(2) For
ADULT SEX offenders who begin community supervision5
on or after August 10, 2016
THE EFFECTIVE DATE OF THIS SUBSECTION (2),6
AS AMENDED, the supervising agency of each adult sex offender and7
juvenile who has committed a sexual offense shall provide the offender8
with a choice of two appropriate treatment provider agencies staffed by9
approved providers unless the supervising agency documents in the file10
that, based upon the nature of the program offered, the needs of the11
offender, or the proximity of the appropriate treatment provider agency,12
fewer than two such agencies can meet the specific needs of the offender,13
ensure the safety of the public, and provide the supervising agency with14
reasonable access to the treatment provider agency and the offender15
during the course of treatment ACCESS TO A LIST OF TREATMENT16
PROVIDERS, APPROVED PURSUANT TO SECTION 16-11.7-106, WHO HAVE17
THE EXPERTISE TO WORK WITH THE SPECIFIC RISKS AND NEEDS OF THAT18
PARTICULAR OFFENDER. FOR AN OFFENDER WHO IS A PERSON WITH AN19
INTELLECTUAL AND DEVELOPMENTAL DISABILITY , AS DEFINED IN SECTION20
25.5-10-202,
THE SUPERVISING AGENCY SHALL REFER THAT OFFENDER TO21
A PROVIDER APPROVED BY THE ADULT SEX OFFENDER M ANAGEMENT22
BOARD TO WORK WITH THAT POPULATION . WHEN MAKING A LIST OF23
REFERRALS, THE SUPERVISING AGENCY WILL CONSIDER INDIVIDUAL RISKS24
AND TREATMENT NEEDS OF THE PARTICULAR OFFENDER AND TAILOR25
REFERRALS TO THOSE CONSIDERATIONS . Once selected, the treatment26
provider agency may not be changed by the offender without the approval27
SB22-089
-20- of the community supervision team, the multidisciplinary team, or the1
court.2
(3) T
HE REQUIREMENTS OF SUBSECTION (2) OF THIS SECTION DO3
NOT APPLY TO THE DIVISION OF YOUTH SERVICES BASED ON THE NATURE4
OF THE PROGRAM, THE COMPLEX NEEDS OF THE JUVENILES SERVED , AND5
THE PLACEMENTS AND APPROVED TREATMENT PROVIDERS AVAILABLE TO6
WORK WITH JUVENILES FROM THE DIVISION OF YOUTH SERVICES . THE7
DIVISION OF YOUTH SERVICES SHALL ASSIGN JUVENILES WHO HAVE8
COMMITTED A SEXUAL OFFENSE TO A TREATMENT PROVIDER BASED ON9
THE INDIVIDUAL RISKS AND NEEDS OF THE JUVENILE AND HAVE10
PROCEDURES IN PLACE TO ALLOW FOR A JUVENILE OR FAMILY TO REQUEST11
A CHANGE IN TREATMENT PROVIDERS BASED ON RESPONSIVITY FACTORS .12
T
HE MULTIDISCIPLINARY TEAM FOR THE JUVENILE SHALL REVIEW ALL13
REQUESTS FOR CHANGES IN TREATMENT PROVIDERS AND APPROVE14
REQUESTS IF THE MULTIDISCIPLINARY TEAM DETERMINES THE JUVENILE 'S15
RISKS, NEEDS, AND RESPONSIVITY FACTORS CAN BE BETTER SERVED BY AN16
ALTERNATE TREATMENT PROVIDER .17
SECTION 7. In Colorado Revised Statutes, amend 16-11.7-10618
as follows:19
16-11.7-106. Sex offender evaluation, treatment, and20
polygraph services - contracts with providers - placement on21
provider list - joint application review subcommittee - grievances -22
fund created. (1) (a) The department of corrections, the judicial23
department, the division of criminal justice in the department of public24
safety, or the department of human services shall not employ or contract25
with, and shall not allow an adult sex offender or a juvenile who has26
committed a sexual offense to employ or contract with, an individual or27
SB22-089
-21- entity to provide sex-offender-specific evaluation, treatment, or polygraph1
services pursuant to this article ARTICLE 11.7 unless the2
sex-offender-specific evaluation, treatment, or polygraph services to be3
provided by the individual or entity conform with the guidelines and4
standards developed pursuant to section 16-11.7-103
OR 16-11.7-103.55
and the name of the individual providing services is on the list created6
pursuant to paragraph (b) of subsection (2)
SUBSECTION (2)(b) of this7
section of persons who may provide sex-offender-specific services.8
(b) T
O THE EXTENT POSSIBLE, THE INDIVIDUALS OR ENTITIES9
PROVIDING SEX-OFFENDER-SPECIFIC EVALUATION, TREATMENT, AND10
POLYGRAPH SERVICES SHOULD ADEQUATELY REPRESENT THE DIVERSE11
CLIENTS FOR WHOM THEY PROVIDE SERVICES . THE LIST CREATED12
PURSUANT TO SUBSECTION (2)(b) OF THIS SECTION MUST INCLUDE, TO THE13
EXTENT PRACTICABLE, PERSONS WITH DISABILITIES AND PERSONS OF14
DIVERSE RACIAL, ETHNIC, GENDER, LINGUISTIC, AND CULTURAL15
BACKGROUNDS.16
(2) (a) The board
ADULT AND JUVENILE SEX OFFENDER17
MANAGEMENT BOARDS , REFERRED TO IN THIS SECTION AS THE "BOARDS",18
shall develop an application and review process for treatment providers,19
evaluators, and polygraph examiners who provide services pursuant to20
this article ARTICLE 11.7 to adult sex offenders and to juveniles who have21
committed sexual offenses. The application and review process shall22
MUST allow providers to demonstrate that they are in compliance with the23
standards adopted pursuant to this article ARTICLE 11.7. THE BOARDS24
SHALL CREATE A JOINT APPLICATION REVIEW SUBCOMMITTEE TO SERVE25
EACH BOARD FOR THE APPLICATION AND REVIEW PROCESS OF TREATMENT26
PROVIDERS, EVALUATORS, AND POLYGRAPH EXAMINERS WHO PROVIDE27
SB22-089
-22- SERVICES PURSUANT TO THIS ARTICLE 11.7 TO ADULT SEX OFFENDERS AND1
TO JUVENILES WHO HAVE COMMITTED SEXUAL OFFENSES . AN APPLICANT2
SEEKING APPROVAL TO PROVIDE SERVICES PURSUANT TO THIS ARTICLE3
11.7
MUST SUBMIT AN APPLICATION TO THE SUBCOMMITTEE FOR4
APPROVAL AND SHOULD INDICATE WHETHER THE APPLICANT IS SEEKING5
APPROVAL FOR SERVICES REGARDING JUVENILES , ADULTS, OR BOTH. The6
application and review process shall consist
CONSISTS of the following7
three parts:8
(I) The board BOARDS shall develop separate application and9
review processes for standards that apply to the criminal justice10
component, such as criminal history record checks, for evaluators,11
individual treatment providers, and polygraph examiners. Applications for12
the criminal justice components, including fingerprints, shall be submitted13
to the board BOARDS. The board BOARDS shall forward the fingerprints to14
the Colorado bureau of investigation for use in conducting a state15
criminal history record check and for transmittal to the federal bureau of16
investigation for a national criminal history record check. The board17
BOARDS may use information obtained from the state and national18
criminal history record checks to determine an applicant's eligibility for19
placement on the approved provider list. The board shall be BOARDS ARE20
responsible for the implementation of the provisions of this subparagraph21
(I) THIS SUBSECTION (2)(a)(I). THE BOARDS SHALL MAINTAIN A RECORD22
OF ANY DENIAL OR REMOVAL FROM THE LIST OF APPROVED TREATMENT23
PROVIDERS OR OTHER SANCTIONS DUE TO A TREATMENT PROVIDER 'S24
CRIMINAL HISTORY.25
(II) The board BOARDS shall develop an application and review26
process for the verification of the qualifications and credentials of27
SB22-089
-23- evaluators, treatment providers, and polygraph examiners.1
(III) The board BOARDS shall require a person who applies for2
placement, including a person who applies for continued placement, on3
the list of persons who may provide sex-offender-specific evaluation,4
treatment, and polygraph services pursuant to this article ARTICLE 11.7 to5
submit to a current background investigation that goes beyond the scope6
of the criminal history record check described in subparagraph (I) of this7
paragraph (a) SUBSECTION (2)(a)(I) OF THIS SECTION. In conducting the8
current background investigation required by this subparagraph (III)9
SUBSECTION (2)(a)(III), the board BOARDS shall obtain reference and10
criminal history information and recommendations that may be relevant11
to the applicant's fitness to provide sex-offender-specific evaluation,12
treatment, and polygraph services pursuant to this article ARTICLE 11.7.13
(b) After the process developed pursuant to paragraph (a) of this14
subsection (2) SUBSECTION (2)(a) OF THIS SECTION is established and15
providers have met all the criteria of the application and review process,16
the board BOARDS may approve the provider. The board BOARDS and the17
department of regulatory agencies shall jointly publish, at least annually,18
a list of approved providers. The board BOARDS shall forward the list to19
the office of the state court administrator, the department of public safety,20
the department of human services, and the department of corrections. The21
board BOARDS shall update and forward the list of approved providers as22
necessary.23
(3) The board BOARDS shall use the information obtained from the24
state and national criminal history record checks and the current25
background investigation in determining whether to place or continue the26
placement of a person on the approved provider list.27
SB22-089
-24- (4) The board BOARDS may determine the requirements for an1
evaluator's, treatment provider's, or polygraph examiner's name to be2
placed on the approved provider list after his or her name has been3
removed from the list for any reason.4
(5) The board BOARDS shall develop a renewal process for the5
continued placement of a person on the approved provider list published6
pursuant to paragraph (b) of subsection (2) SUBSECTION (2)(b) of this7
section.8
(6) The board BOARDS may assess a fee to an applicant for9
placement on the approved provider list. The fee shall not exceed one10
hundred twenty-five dollars per application to cover the costs of11
conducting a current background investigation required by subsection (2)12
of this section. All moneys MONEY collected pursuant to this subsection13
(6) shall be transmitted to the state treasurer, who shall credit the same to14
the sex offender treatment provider fund, which fund is hereby created15
and referred to in this subsection (6) as the "fund". The moneys MONEY16
in the fund shall be IS subject to annual appropriation by the general17
assembly to the division of criminal justice in the department of public18
safety for the direct and indirect costs associated with the current19
background investigation required by subsection (2) of this section. Any20
moneys MONEY in the fund not expended for the purpose of subsection21
(2) of this section may be invested by the state treasurer as provided by22
law. All interest and income derived from the investment and deposit of23
moneys MONEY in the fund shall be IS credited to the fund. Any24
unexpended and unencumbered moneys MONEY remaining in the fund at25
the end of a fiscal year shall remain in the fund and shall not be credited26
or transferred to the general fund or another fund.27
SB22-089
-25- (7) (a) The board BOARDS shall notify the department of1
regulatory agencies of the receipt of any complaints or grievances against2
an individual who provides sex-offender-specific treatment or evaluation3
services pursuant to this article 11.7 and advise the department of any4
disciplinary action taken pursuant to subsection (7)(b) of this section. The5
department of regulatory agencies or the appropriate board, pursuant to6
article 245 of title 12 and referred to in this subsection (7) as the "DORA7
board", shall notify the board BOARDS of the receipt of any complaint or8
grievance against a provider who provides sex-offender-specific9
treatment or evaluation services pursuant to this article 11.7, if the10
complaint or grievance was not referred by the board BOARDS, and advise11
the board BOARDS of any disciplinary action taken against the individual12
pursuant to any professional licensing act.13
(b) The board BOARDS shall review and investigate all complaints14
and grievances concerning compliance with its standards against15
individuals who provide sex-offender-specific treatment, evaluation, or16
polygraph services pursuant to this article ARTICLE 11.7. Notwithstanding17
any action taken by the department of regulatory agencies or the DORA18
board, the board BOARDS may take appropriate disciplinary action, as19
permitted by law, against an individual who provides20
sex-offender-specific treatment, evaluation, or polygraph services21
pursuant to this article ARTICLE 11.7. The disciplinary action may include,22
but need not be limited to, the removal of the individual's name from the23
list of persons who may provide sex offender evaluation, treatment, or24
polygraph services pursuant to this article ARTICLE 11.7.25
(c) (I) Nothing in this subsection (7) limits the rights or26
responsibilities of the department of regulatory agencies or the DORA27
SB22-089
-26- board with respect to the investigation and resolution of complaints1
pursuant to article 245 of title 12.2
(II) Nothing in this subsection (7) limits the rights or3
responsibilities of the board BOARDS with respect to the addition or4
removal of an individual's name from the list of persons who may provide5
sex offender evaluation, treatment, or polygraph services pursuant to this6
article ARTICLE 11.7.7
SECTION 8. In Colorado Revised Statutes, amend 16-11.7-1098
as follows:9
16-11.7-109. Reporting requirements - legislative declaration.10
(1) (a) The general assembly finds and declares that:11
(I) As a body, The board is ADULT SEX OFFENDER MANAGEMENT12
BOARD AND JUVENILE SEX OFFENDER MANAGEMENT BOARD , REFERRED TO13
IN THIS SECTION AS "BOARDS", ARE one of Colorado's most important14
resources on FOR the treatment and management of adult sex offenders15
and juveniles who have committed sexual offenses;16
(II) The board's BOARDS' research and analysis of treatment17
standards and programs, as well as empirical evidence collected and18
compiled by the board BOARDS with respect to the treatment outcomes of19
adult sex offenders and juveniles who have committed sexual offenses,20
is vital to inform the decisions of policymakers.21
(b) The general assembly therefore finds that it is appropriate for22
the board BOARDS to report to the general assembly on an annual basis23
concerning the status of the treatment and management of adult sex24
offenders and juveniles who have committed sexual offenses in Colorado.25
(2) Notwithstanding section 24-1-136 (11)(a)(I), on or before26
January 31, 2012, and on or before January 31 each year thereafter, the27
SB22-089
-27- board BOARDS shall prepare and present to the judiciary committees of the1
senate and the house of representatives, or any successor committees, a2
written report concerning best practices for the treatment and3
management of adult sex offenders and juveniles who have committed4
sexual offenses, including any evidence-based analysis of treatment5
standards and programs as well as information concerning any new6
federal legislation relating to the treatment and management of adult sex7
offenders and juveniles who have committed sexual offenses. The report8
may include the board's BOARDS' recommendations for legislation to carry9
out the purpose and duties of the board BOARDS to protect the community.10
SECTION 9. In Colorado Revised Statutes, 16-13-902, amend11
(2) as follows:12
16-13-902. Definitions. As used in this part 9, unless the context13
otherwise requires:14
(2) "Management board" means the
ADULT sex offender15
management board created in section 16-11.7-103.16
SECTION 10. In Colorado Revised Statutes, 16-22-103, amend17
(5)(a) introductory portion and (5)(a)(IV) as follows:18
16-22-103. Sex offender registration - required - applicability19
- exception. (5) (a) Notwithstanding any provision of this article 22 to20
the contrary, if, pursuant to a motion filed by a person described in this21
subsection (5) or on its own motion, a court determines
THAT THE22
REGISTRATION REQUIREMENT SPECIFIED IN THIS SECTION WOULD BE23
UNFAIRLY PUNITIVE AND that exempting the person from the registration24
requirement would not pose a significant risk to the community, the court,25
upon consideration of the totality of the circumstances, may exempt the26
person from the registration requirements imposed pursuant to this27
SB22-089
-28- section if:1
(IV) The person has received an A SEX OFFENDER evaluation that2
conforms with the standards developed pursuant to section 16-11.7-1033
(4)(i) SECTION 16-11.7-103.5 (4)(b) from an evaluator who meets the4
standards established by the
JUVENILE sex offender management board,5
and the evaluator recommends exempting the person from the registration6
requirements based upon the best interests of that person and the7
community; and8
SECTION 11. In Colorado Revised Statutes, 24-34-104, repeal9
(24)(a)(XIII); and add (27)(a)(XX) and (27)(a)(XXI) as follows:10
24-34-104. General assembly review of regulatory agencies11
and functions for repeal, continuation, or reestablishment - legislative12
declaration - repeal. (24) (a) The following agencies, functions, or both,13
are scheduled for repeal on September 1, 2023:14
(XIII) The sex offender management board created in section
15
16-11.7-103.16
(27) (a) The following agencies, functions, or both, are scheduled17
for repeal on September 1, 2026:18
(XX) T
HE ADULT SEX OFFENDER MANAGEMENT BOARD CREATED19
IN SECTION 16-11.7-103.20
(XXI) T
HE JUVENILE SEX OFFENDER MANAGEMENT BOARD21
CREATED IN SECTION 16-11.7-103.5.22
SECTION 12. In Colorado Revised Statutes, 16-22-112, amend23
(3.5) as follows:24
16-22-112. Release of information - law enforcement agencies.25
(3.5) To assist members of the public in protecting themselves from26
persons who commit offenses involving unlawful sexual behavior, a local27
SB22-089
-29- law enforcement agency that chooses to post sex offender registration1
information on its website shall either post educational information2
concerning protection from sex offenders on its website or provide a link3
to the educational information included on the CBI website maintained4
pursuant to section 16-22-111. A local law enforcement agency that posts5
the educational information shall work with the
ADULT sex offender6
management board created pursuant to
IN section 16-11.7-103, THE7
JUVENILE SEX OFFENDER MANAGEMENT BOARD CREATED IN SECTION8
16-11.7-103.5, and sexual assault victims' advocacy groups in preparing9
the educational information.10
SECTION 13. In Colorado Revised Statutes, 17-2-201, amend11
(5.7)(b) as follows:12
17-2-201. State board of parole - duties - definitions. (5.7) If,13
as a condition of parole, an offender is required to undergo counseling or14
treatment, unless the parole board determines that treatment at another15
facility or with another person is warranted, the treatment or counseling16
must be at a facility or with a person:17
(b) Certified or approved by the
ADULT sex offender management18
board, established in section 16-11.7-103, C.R.S.,
if the offender is a sex19
offender;20
SECTION 14. In Colorado Revised Statutes, 17-22.5-404,21
amend (4)(c)(II) as follows:22
17-22.5-404. Parole guidelines - definition. (4) (c) (II) The23
administrative release guideline instrument shall MUST not be used in24
considering those inmates classified as sex offenders with indeterminate25
sentences for whom the
ADULT sex offender management board, pursuant
26
to section 18-1.3-1009, C.R.S. ESTABLISHED IN SECTION 16-11.7-103, has27
SB22-089
-30- established separate and distinct release guidelines. The ADULT sex1
offender management board, in collaboration with the department of2
corrections, the judicial department, the division of criminal justice in the3
department of public safety, and the state board of parole shall develop4
a specific sex offender release guideline instrument for use by the state5
board of parole for those inmates classified as sex offenders with6
determinate sentences.7
SECTION 15. In Colorado Revised Statutes, 17-27.1-101,8
amend (5)(a)(II) as follows:9
17-27.1-101. Nongovernmental facilities for offenders -10
registration - notifications - penalties - definitions. (5) A private11
treatment program in Colorado shall not admit or accept a supervised or12
unsupervised person into the program unless the program:13
(a) Is registered with the compact administrator, and, if the person14
is a supervised person, the private treatment program is:15
(II) Certified or approved by the
ADULT sex offender management16
board, established in section 16-11.7-103, C.R.S.,
if the program provides17
sex offender treatment;18
SECTION 16. In Colorado Revised Statutes, 18-1.3-101, amend19
(6) as follows:20
18-1.3-101. Pretrial diversion. (6) In a jurisdiction that receives21
state moneys MONEY for the creation or operation of diversion programs22
pursuant to this section, an individual accused of a sex offense, as defined23
in section 18-1.3-1003 (5), is not eligible for pretrial diversion unless24
charges have been filed and, after the individual has had an opportunity25
to consult with counsel, the individual has completed a26
sex-offense-specific evaluation, which includes the use of a27
SB22-089
-31- sex-offense-specific risk assessment instrument, conducted by an1
evaluator approved by the
ADULT sex offender management board, as2
required by section 16-11.7-103 (4). C.R.S.
The district attorney may3
agree to place the individual in the diversion program established by the4
district attorney pursuant to this section if he or she THE DISTRICT5
ATTORNEY finds that, based on the results of that evaluation and the other6
factors in subsection (3) of this section, the individual is appropriate for7
the program. Notwithstanding that a successfully completed diversion8
agreement does not constitute a history of sex offenses for purposes of9
sections 16-11.7-102 (2)(a)(II) and 16-22-103 (2)(d), C.R.S., the10
information constituting the crimes charged and facts alleged shall MUST11
be available for use by a court, district attorney, any law enforcement12
agency, or agency of the state judicial department, if otherwise permitted13
by law, in any subsequent criminal investigation, prosecution, risk or14
needs assessment evaluation, sentencing hearing, or during a probation15
or parole supervision period.16
SECTION 17. In Colorado Revised Statutes, 18-1.3-204, amend17
(2)(c)(II) as follows:18
18-1.3-204. Conditions of probation - interstate compact19
probation transfer cash fund - creation. (2) (c) If the court orders20
counseling or treatment as a condition of probation, unless the court21
makes a specific finding that treatment in another facility or with another22
person is warranted, the court shall order that the treatment or counseling23
be at a facility or with a person:24
(II) Certified or approved, by the
ADULT sex offender management25
board, established in section 16-11.7-103, C.R.S.,
if the offender is a sex26
offender;27
SB22-089
-32- SECTION 18. In Colorado Revised Statutes, 18-1.3-407, amend1
(4.3) as follows:2
18-1.3-407. Sentences - youthful offenders - legislative3
declaration - powers and duties of district court - authorization for4
youthful offender system - powers and duties of department of5
corrections - definitions. (4.3) The youthful offender system shall6
provide sex offender treatment services for an offender who is sentenced7
to the youthful offender system and who has a history of committing a sex8
offense as defined in section 16-11.7-102 (3) C.R.S., or who has a history9
of committing any other offense, the underlying factual basis of which10
includes a sex offense. Prior to July 1, 2002, the sex offender treatment11
services provided pursuant to this subsection (4.3) shall MUST comply12
with any existing national standards for juvenile sex offender treatment.13
On and after July 1, 2002, the sex offender treatment services provided14
pursuant to this subsection (4.3) shall MUST comply with the sex offender15
treatment standards adopted by the
JUVENILE sex offender management16
board pursuant to section 16-11.7-103, C.R.S.
SECTION 16-11.7-103.5.17
SECTION 19. In Colorado Revised Statutes, 18-1.3-1003,18
amend (2) as follows:19
18-1.3-1003. Definitions. As used in this part 10, unless the20
context otherwise requires:21
(2) "Management board" means the
ADULT sex offender22
management board created in section 16-11.7-103. C.R.S.
23
SECTION 20. In Colorado Revised Statutes, 18-3-414.5, amend24
(1)(a)(IV) as follows:25
18-3-414.5. Sexually violent predators - assessment - annual26
report - definitions. (1) As used in this section, unless the context27
SB22-089
-33- otherwise requires:1
(a) "Sexually violent predator" means an offender:2
(IV) Who, based upon the results of a risk assessment screening3
instrument developed by the division of criminal justice in consultation4
with and approved by the
ADULT sex offender management board5
established pursuant to section 16-11.7-103 (1), C.R.S.,
is likely to6
subsequently commit one or more of the offenses specified in7
subparagraph (II) of this paragraph (a) SUBSECTION (1)(a)(II) OF THIS8
SECTION under the circumstances described in subparagraph (III) of this9
paragraph (a) SUBSECTION (1)(a)(III) OF THIS SECTION.10
SECTION 21. In Colorado Revised Statutes, 24-33.5-503,11
amend (1)(o) as follows:12
24-33.5-503. Duties of division. (1) The division has the13
following duties:14
(o) To develop, in consultation with the sex offender management15
board,
AS IT EXISTED PRIOR TO THE EFFECTIVE DATE OF SENATE BILL16
22-____,
ENACTED IN 2022, and the judicial branch by January 1, 1999,17
the risk assessment screening instrument that will be provided to the18
sentencing courts to determine the likelihood that a sex offender would19
commit one or more of the offenses specified in section 18-3-414.520
(1)(a)(II), C.R.S.,
under the circumstances described in section21
18-3-414.5 (1)(a)(III); C.R.S.;22
SECTION 22. Act subject to petition - effective date. This act23
takes effect at 12:01 a.m. on the day following the expiration of the24
ninety-day period after final adjournment of the general assembly; except25
that, if a referendum petition is filed pursuant to section 1 (3) of article V26
of the state constitution against this act or an item, section, or part of this27
SB22-089
-34- act within such period, then the act, item, section, or part will not take1
effect unless approved by the people at the general election to be held in2
November 2022 and, in such case, will take effect on the date of the3
official declaration of the vote thereon by the governor.4
SB22-089
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