Colorado 2022 Regular Session

Colorado Senate Bill SB089 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Second Regular Session
2	2	Seventy-third General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 22-0532.01 Michael Dohr x4347
8	8	SENATE BILL 22-089
9	9	Senate Committees House Committees
10	10	Judiciary
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING SEX OFFENDER MANAGEMENT .101
14	14	Bill Summary
15	15	(Note: This summary applies to this bill as introduced and does
16	16	not reflect any amendments that may be subsequently adopted. If this bill
17	17	passes third reading in the house of introduction, a bill summary that
18	18	applies to the reengrossed version of this bill will be available at
19	19	http://leg.colorado.gov
20	20	.)
21	21	Under current law, there is a single sex offender management
22	22	board that sets standards for sex offender treatment and approves sex
23	23	offender treatment providers (treatment providers), among other things.
24	24	The bill creates 2 boards, one for adult sex offenders and one for juvenile
25	25	sex offenders.
26	26	Under current law, a sex offender is given the choice of 2
27	27	treatment providers. The bill allows a sex offender access to the list of all
28	28	treatment providers to choose from, with some restrictions.
29	29	SENATE SPONSORSHIP
30	30	Gardner,
31	31	HOUSE SPONSORSHIP
32	32	(None),
33	33	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
34	34	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
35	35	Dashes through the words indicate deletions from existing statute. The bill gives prosecutors discretion to permit a sex offender
36	36	evaluation to be dispensed with if it is only triggered by sexual offense
37	37	history.
38	38	The bill directs the department of corrections (department) to
39	39	identify all inmates who are required to undergo sex-offense treatment,
40	40	are eligible to receive sex-offense treatment, and have not been provided
41	41	with the opportunity to undergo sex-offense treatment while incarcerated.
42	42	The department shall provide this data to the adult sex offender
43	43	management board prior to August 31, 2022. The division of parole in the
44	44	department and the adult sex offender management board shall meet and
45	45	develop solutions to address the needs of treatment for offenders
46	46	incarcerated in the department. The adult sex offender management board
47	47	shall present findings to the division of criminal justice in the department
48	48	of public safety prior to January 1, 2023.
49	49	The bill requires the boards to create a joint application review
50	50	subcommittee to serve each board for the application and review process
51	51	of treatment providers, evaluators, and polygraph examiners. The bill
52	52	requires the boards to maintain a record of any denial or removal from the
53	53	list of approved treatment providers or other sanctions due to a provider's
54	54	criminal history.
55	55	The bill requires the adult sex offender management board to
56	56	conduct a reoffense research project to collect and analyze data related to
57	57	rearrest and reconviction rates for sex offenders.
58	58	Be it enacted by the General Assembly of the State of Colorado:1
59	59	SECTION 1. In Colorado Revised Statutes, 16-11-102, amend2
60	60	(1)(a)(VI) introductory portion, (1)(a)(VI)(A), (1)(b)(I) introductory3
61	61	portion, (1)(b)(II); and add (1)(b)(I)(D) as follows:4
62	62	16-11-102. Presentence or probation investigation.5
63	63	(1) (a) (VI) The report described in subparagraph (I) of this paragraph (a)
64	64	6
65	65	SUBSECTION (1)(a)(I) OF THIS SECTION need not include the statement7
66	66	described in subparagraph (II) of this paragraph (a) SUBSECTION (1)(a)(II)8
67	67	OF THIS SECTION if:9
68	68	(A) The defendant is a sex offender for whom the
69	69	ADULT sex10
70	70	offender management board has established separate and distinct release11
71	71	guidelines pursuant to section 18-1.3-1009; C.R.S.;
72	72	12
73	73	SB22-089-2- (b) (I) Each presentence report prepared regarding a sex offender,1
74	74	as defined in section 16-11.7-102 (2), with respect to any offense2
75	75	committed on or after January 1, 1996, shall MUST contain the results of3
76	76	an evaluation and identification conducted pursuant to article 11.7 of this4
77	77	title TITLE 16; except that:5
78	78	(D) I
79	79	F THE DEFENDANT IS DESI GNATED A SEX OFFENDER FOR6
80	80	PURPOSES OF REQUIRING AN EVALUATION BECAUSE OF THE DEFENDANT 'S7
81	81	PREVIOUS HISTORY OF SEXUAL OFFENSE , AS DESCRIBED IN SECTION8
82	82	16-11.7-102 (2)(a)(II),
83	83	AND THE DISTRICT ATTORNEY WAIVED THE9
84	84	EVALUATION REQUIREMENT , AS DESCRIBED IN SECTION 16-11.7-104 (1),10
85	85	AN EVALUATION AND IDENTIFICATION PURSUANT TO ARTICLE 11.7 OF THIS11
86	86	TITLE 16 IS NOT REQUIRED BUT MAY BE ORDERED BY THE COURT .12
87	87	(II) In addition, the presentence report shall
88	88	MUST include, when13
89	89	appropriate as provided in section 18-3-414.5, C.R.S., the results of the14
90	90	risk assessment screening instrument developed pursuant to section15
91	91	16-11.7-103 (4)(d). Notwithstanding the provisions of subsection (4) of16
92	92	this section, a presentence report shall MUST be prepared for each person17
93	93	convicted as a sex offender, and the court may not dispense with the18
94	94	presentence evaluation, risk assessment, and report unless an evaluation19
95	95	and risk assessment has been completed within the last two years and20
96	96	there has been no material change that would affect the evaluation and21
97	97	risk assessment in the past two years,
98	98	OR IF THE DESIGNATION OF SEX22
99	99	OFFENDER IS DUE TO THE DEFENDANT 'S PREVIOUS HISTORY OF SEXUAL23
100	100	OFFENSE, AS DESCRIBED IN SECTION 16-11.7-102 (2)(a)(II), AND THE24
101	101	DISTRICT ATTORNEY WAIVED THE REQUIREMENT FOR AN EVALUATION AND25
102	102	IDENTIFICATION PURSUANT TO ARTICLE 11.7 OF THIS TITLE 16.26
103	103	SECTION 2. In Colorado Revised Statutes, 16-11.7-102, amend27
104	104	SB22-089
105	105	-3- (4); and repeal (1.3) as follows:1
106	106	16-11.7-102. Definitions. As used in this article 11.7, unless the2
107	107	context otherwise requires:3
108	108	(1.3) "Board" means the sex offender management board created4
109	109	in section 16-11.7-103.5
110	110	(4) "Treatment" means therapy, monitoring, and supervision of6
111	111	any sex offender which THAT conforms to the standards created by the7
112	112	ADULT SEX OFFENDER MANAGEMENT board pursuant to section8
113	113	16-11.7-103
114	114	OR THE JUVENILE SEX OFFENDER MANAGEMENT BOARD9
115	115	PURSUANT TO SECTION 16-11.7-103.5.10
116	116	SECTION 3. In Colorado Revised Statutes, 16-11.7-103, amend11
117	117	(1), (3), (4) introductory portion, (4)(b)(II), (4)(e)(I), (4)(h)(II), (6)(a), and12
118	118	(6)(b); repeal (4)(i), (4)(j), and (4)(k); and add (4)(m) as follows:13
119	119	16-11.7-103. Adult sex offender management board - creation14
120	120	- duties - repeal. (1) There is hereby
121	121	created in the department of public15
122	122	safety a AN ADULT sex offender management board, REFERRED TO IN THIS16
123	123	SECTION AS THE "BOARD", that consists of twenty-five FIFTEEN members.17
124	124	The membership of the board must reflect, to the extent possible,18
125	125	representation of
126	126	PERSONS FROM urban and rural areas of the state;19
127	127	PERSONS WITH DISABILITIES; PERSONS OF DIVERSE RACIAL , ETHNIC,20
128	128	GENDER, LINGUISTIC, AND CULTURAL BACKGROUNDS ; and a balance of
129	129	21
130	130	PERSONS WITH expertise in adult and juvenile issues relating to persons22
131	131	who commit sex offenses ISSUES RELATED TO SEX OFFENSES COMMITTED23
132	132	BY ADULTS. The membership of the board consists of the following24
133	133	persons, who are appointed as follows:25
134	134	(a) The chief justice of the supreme court shall appoint three TWO26
135	135	members as follows:27
136	136	SB22-089
137	137	-4- (I) One member who represents the judicial department; AND1
138	138	(II) One member who is a district court judge; and2
139	139	(III) One member who is a juvenile court judge or juvenile court3
140	140	magistrate;4
141	141	(b) The executive director of the department of corrections shall5
142	142	appoint one member who represents the department of corrections;6
143	143	(c) The executive director of the department of human services7
144	144	shall appoint three members as follows:8
145	145	(I) One member who represents the department of human services9
146	146	and who has recognizable expertise in child welfare and case10
147	147	management;11
148	148	(II) One member who represents the division of youth services in12
149	149	the department of human services; and13
150	150	(III) One member who is a provider of out-of-home placement14
151	151	services with recognizable expertise in providing services to juveniles15
152	152	who have committed sexual offenses;16
153	153	(d) The executive director of the department of public safety shall17
154	154	appoint sixteen ELEVEN members as follows:18
155	155	(I) One member who represents the division of criminal justice in19
156	156	the department of public safety;20
157	157	(II) Two THREE members who are licensed mental health21
158	158	professionals with recognizable expertise in the treatment of adult sex22
159	159	offenders
160	160	AND WHO HAVE BEEN PROFESSIONALS APPROVED BY THE BOARD23
161	161	PURSUANT TO SECTION 16-11.7-106 (2)(b);24
162	162	(III) Two members who are licensed mental health professionals
163	163	25
164	164	with recognizable expertise in the treatment of juveniles who have26
165	165	committed sexual offenses;27
166	166	SB22-089
167	167	-5- (IV) One member who is a member of a community corrections1
168	168	board;2
169	169	(V) One member who is a public defender with recognizable3
170	170	expertise related to sexual offenses;4
171	171	(VI) One member who represents law enforcement with5
172	172	recognizable expertise in addressing sexual offenses and victimization;6
173	173	(VII) Three members who are recognized experts in the field of7
174	174	sexual abuse and who can represent sexual abuse victims and victims'8
175	175	rights organizations;
176	176	AND9
177	177	(VIII) One member who is a clinical polygraph examiner
178	178	WHO10
179	179	HAS BEEN APPROVED BY THE BOARD PURSUANT TO SECTION 16-11.7-10611
180	180	(2)(b);12
181	181	(IX) One member who is a private criminal defense attorney with
182	182	13
183	183	recognizable expertise related to sexual offenses;14
184	184	(X) One member who is a county director of human or social15
185	185	services, appointed after consultation with a statewide group representing16
186	186	counties; and17
187	187	(XI) Two members who are county commissioners or members of18
188	188	the governing council for a jurisdiction that is a contiguous city and19
189	189	county, one of whom shall represent an urban or suburban county and one20
190	190	of whom shall represent a rural county, appointed after consultation with21
191	191	a statewide group representing counties;22
192	192	(e) The executive director of the Colorado district attorneys'23
193	193	council shall appoint one member who represents the interests of24
194	194	prosecuting attorneys and who has recognizable expertise in prosecuting25
195	195	sexual offenses. and26
196	196	(f) The commissioner of education shall appoint one member who27
197	197	SB22-089
198	198	-6- has experience with juveniles who have committed sexual offenses and1
199	199	who are in the public school system.2
200	200	(3) Members of the board shall serve at the pleasure of the3
201	201	appointing authority for terms of four years. except that the member4
202	202	appointed pursuant to subparagraph (IX) of paragraph (d) of subsection5
203	203	(1) of this section prior to July 1, 2011, shall serve the term of years in6
204	204	effect at the time of his or her appointment. The appointing authority may7
205	205	reappoint a member for an additional term or terms. Members of the8
206	206	board shall serve without compensation.9
207	207	(4) Duties of the board. The board shall carry out HAS the10
208	208	following duties:11
209	209	(b) Guidelines and standards for treatment of adult offenders.12
210	210	(II) To revise the guidelines and standards developed pursuant to this13
211	211	paragraph (b), the board shall establish a committee to make14
212	212	recommendations to the board. At least eighty percent of the members of15
213	213	the committee must be approved treatment providers THE REVISION OF16
214	214	THE GUIDELINES AND STANDARDS PURSUANT TO THIS SUBSECTION (4)(b)17
215	215	MUST BE ADOPTED PURSUANT TO THE VOTING PROCEDURES OUTLINED IN18
216	216	THE BYLAWS ADOPTED BY THE BOARD . IN ADDITION, THE BOARD SHALL19
217	217	ESTABLISH ANY NECESSARY COMMITTEES TO CARRY OUT RESEARCH ,20
218	218	PUBLIC DISCUSSION, AND PRESENTATION OF INFORMATION TO THE BOARD21
219	219	FOR THE PURPOSE OF REVISING THE GUIDELINES AND STANDARDS . IN22
220	220	ADDITION TO THE NECESSARY COMMI TTEES , THE BOARD SHALL ESTABLISH:23
221	221	(A)
222	222	A BEST PRACTICES COMMITTEE TO PROVIDE GUIDANCE TO THE24
223	223	BOARD ON CURRENT BEST PRACTICES FOR TREATMENT OF SEX OFFENDERS .25
224	224	A
225	225	T LEAST EIGHTY PERCENT OF THE MEMBERS OF THE BEST PRACTICES26
226	226	COMMITTEE MUST BE APPROVED TREATMENT PROVIDERS .27
227	227	SB22-089
228	228	-7- (B) A VICTIM ADVOCACY COMMITTEE TO PROVIDE1
229	229	REPRESENTATION OF VICTIM EXPERIENCES AND PROVIDE GUI DANCE TO THE2
230	230	BOARD ON VICTIM -CENTERED PRACTICES FOR THE EVALUATION ,3
231	231	IDENTIFICATION, TREATMENT, MANAGEMENT, AND MONITORING OF SEX4
232	232	OFFENDERS. THE VICTIM ADVOCACY CO MMITTEE MAY BE A JOINT5
233	233	COMMITTEE UTILIZED BY BOTH THE BOARD AND THE JUVENILE SEX6
234	234	OFFENDER MANAGEMENT BOARD CREATED IN SECTION 16-11.7-103.5.7
235	235	(e) Evaluation of policies and procedures - report. (I) The8
236	236	board shall research, either through direct evaluation or through a review9
237	237	of relevant research articles and sex offender treatment empirical data,10
238	238	and analyze, through a comprehensive review of evidence-based11
239	239	practices, the effectiveness of the evaluation, identification, and treatment12
240	240	policies and procedures for adult sex offenders developed pursuant to this13
241	241	article ARTICLE 11.7. This research shall MUST specifically include, but14
242	242	need not be limited to, reviewing and researching reoffense and factors15
243	243	that contribute to reoffense for sex offenders as defined in this article16
244	244	ARTICLE 11.7, the effective use of cognitive behavioral therapy to prevent17
245	245	reoffense, the use of polygraphs in treatment, and the containment model18
246	246	for adult sex offender management and treatment and its effective19
247	247	application. The board shall revise the guidelines and standards for20
248	248	evaluation, identification, and treatment, as appropriate, based upon the21
249	249	results of the board's research and analysis. T
250	250	HE REVISION OF THE22
251	251	GUIDELINES AND STANDARDS MUST BE ADOPTED PURSUANT TO THE23
252	252	VOTING PROCEDURES OUTLINED IN THE BYLAWS ADOPTED BY THE BOARD .24
253	253	The board shall also develop and prescribe a system to implement the25
254	254	guidelines and standards developed pursuant to paragraph (b) of this
255	255	26
256	256	subsection (4) SUBSECTION (4)(b) OF THIS SECTION.27
257	257	SB22-089
258	258	-8- (h) Data collection from treatment providers. (II) The board1
259	259	shall develop a data collection plan, including associated costs, in2
260	260	consultation with the research and evaluation professionals on the board3
261	261	and within the department of public safety. The board shall report on the4
262	262	data collection plan to the judiciary committees of the general assembly,5
263	263	or any successor committees, as part of its annual report presented6
264	264	pursuant to section 16-11.7-109 (2) in January 2017. By July 1, 2017, the7
265	265	board shall revise the guidelines and standards for approved providers8
266	266	developed pursuant to paragraphs (b) and (j) of this subsection (4)9
267	267	SUBSECTION (4)(b) OF THIS SECTION to require evaluators, treatment10
268	268	providers, and polygraph examiners to collect data pursuant to the data11
269	269	collection plan. If the board determines that it will be unable to complete12
270	270	the revision of the guidelines and standards by July 1, 2017, the board13
271	271	shall report to the judiciary committees of the general assembly, or any14
272	272	successor committees, a projected completion date as part of its annual15
273	273	report presented pursuant to section 16-11.7-109 (2) in January 2017.16
274	274	(i) Standards for identification and evaluation of juvenile17
275	275	offenders. The board shall develop, prescribe, and revise, as appropriate,18
276	276	a standard procedure to evaluate and identify juveniles who have19
277	277	committed sexual offenses, including juveniles with developmental20
278	278	disabilities. The procedure shall provide for an evaluation and21
279	279	identification of the juvenile offender and recommend behavior22
280	280	management, monitoring, treatment, and compliance and shall23
281	281	incorporate the concepts of the risk-need-responsivity or another24
282	282	evidence-based correctional model based upon the knowledge that all25
283	283	unlawful sexual behavior poses a risk to the community and that certain26
284	284	juveniles may have the capacity to change their behavior with appropriate27
285	285	SB22-089
286	286	-9- intervention and treatment. The board shall develop and implement1
287	287	methods of intervention for juveniles who have committed sexual2
288	288	offenses, which methods have as a priority the physical and psychological3
289	289	safety of victims and potential victims and that are appropriate to the4
290	290	needs of the particular juvenile offender, so long as there is no reduction5
291	291	in the safety of victims and potential victims.6
292	292	(j) (I) Guidelines and standards for treatment of juvenile7
293	293	offenders. The board shall develop, implement, and revise, as8
294	294	appropriate, guidelines and standards to treat juveniles who have9
295	295	committed sexual offenses, including juveniles with intellectual and10
296	296	developmental disabilities, incorporating in the guidelines and standards11
297	297	the concepts of the risk-need-responsivity or another evidence-based12
298	298	correctional model, which guidelines and standards may be used for13
299	299	juvenile offenders who are placed on probation, committed to the14
300	300	department of human services, placed on parole, or placed in out-of-home15
301	301	placement. Programs implemented pursuant to the guidelines and16
302	302	standards developed pursuant to this subsection (4)(j) must be as flexible17
303	303	as possible so that the programs may be accessed by each juvenile18
304	304	offender to prevent him or her from harming victims and potential19
305	305	victims. Programs must provide a continuing monitoring process and a20
306	306	continuum of treatment options available to a juvenile offender as he or21
307	307	she proceeds through the juvenile justice system. Treatment options may22
308	308	include, but need not be limited to, group counseling, individual23
309	309	counseling, family counseling, outpatient treatment, inpatient treatment,24
310	310	shared living arrangements, and treatment in a therapeutic community.25
311	311	Programs implemented pursuant to the guidelines and standards26
312	312	developed pursuant to this subsection (4)(j) must be, to the extent27
313	313	SB22-089
314	314	-10- possible, accessible to all juveniles who have committed sexual offenses1
315	315	and who are in the juvenile justice system, including juveniles with2
316	316	behavioral, mental health, or co-occurring disorders.3
317	317	(II) To revise the guidelines and standards developed pursuant to4
318	318	this paragraph (j), the board shall establish a committee to make5
319	319	recommendations to the board. At least eighty percent of the members of6
320	320	the committee must be approved treatment providers.7
321	321	(k) Evaluation of policies and procedures for juvenile8
322	322	offenders. The board shall research and analyze the effectiveness of the9
323	323	evaluation, identification, and treatment procedures developed pursuant10
324	324	to this article for juveniles who have committed sexual offenses. The11
325	325	board shall revise the guidelines and standards for evaluation,12
326	326	identification, and treatment, as appropriate, based upon the results of the13
327	327	board's research and analysis. The board shall also develop and prescribe14
328	328	a system to implement the guidelines and standards developed pursuant15
329	329	to paragraph (j) of this subsection (4).16
330	330	(m) B
331	331	EGINNING SEPTEMBER 1, 2022, THE BOARD SHALL ESTABLISH17
332	332	A REOFFENSE RESEARCH PROJECT IN ORDER TO COLLECT AND ANALYZE SEX18
333	333	OFFENSE CONVICTIONS, AS "SEX OFFENSE" IS DEFINED IN THIS ARTICLE19
334	334	11.7,
335	335	AND TRACK CORRELATING REARREST AND RECONVICTION RATES OF20
336	336	ANY FELONY OR MISDEMEANOR NON -TRAFFIC OFFENSES COMMITTED BY A21
337	337	SEX OFFENDER, AS DEFINED IN THIS ARTICLE 11.7, WITH THE EXCEPTION OF22
338	338	JUVENILES WHO HAVE COMMITTED SEXUAL OFFENSES . THE BOARD SHALL23
339	339	WORK IN CONSULTATION WITH THE DEPARTMENT OF PUBLIC SAFETY , THE24
340	340	C
341	341	OLORADO BUREAU OF INVESTIGATION , THE DEPARTMENT OF25
342	342	CORRECTIONS, AND THE STATE BOARD OF PAROLE TO COMPLETE THE26
343	343	RESEARCH AND COMPILE A REPORT TO BE INCLUDED IN THE REPORT TO THE27
344	344	SB22-089
345	345	-11- GENERAL ASSEMBLY REQUIRED BY SECTION 16-11.7-109 (2), BEGINNING1
346	346	WITH THE JANUARY 2025 REPORT.2
347	347	(6) Repeal. (a) This section is repealed, effective September 1,3
348	348	2023 SEPTEMBER 1, 2026. Before the repeal, this section is scheduled for4
349	349	review in accordance with section 24-34-104.5
350	350	(b) Prior to said BEFORE THE repeal, the ADULT sex offender6
351	351	management board appointed pursuant to this section shall be reviewed7
352	352	as provided for in section 24-34-104. C.R.S.8
353	353	SECTION 4. In Colorado Revised Statutes, add 16-11.7-103.59
354	354	as follows:10
355	355	16-11.7-103.5. Juvenile sex offender management board -11
356	356	creation - duties - repeal. (1) T
357	357	HERE IS CREATED IN THE DEPARTMENT OF12
358	358	PUBLIC SAFETY A JUVENILE SEX OFFENDER MANAGEMENT BOARD ,13
359	359	REFERRED TO IN THIS SECTION AS THE "JUVENILE BOARD", THAT CONSISTS14
360	360	OF THIRTEEN MEMBERS. THE GENERAL ASSEMBLY FINDS THAT , WHILE15
361	361	HOLDING PARAMOUNT THE PUBLIC SAFETY , THE JUVENILE JUSTICE SYSTEM16
362	362	TAKES INTO CONSIDERATION THE BEST INTERESTS OF THE JUVENILE , THE17
363	363	VICTIM, AND THE COMMUNITY IN PROVIDING APPROPRIATE TREATMENT TO18
364	364	REDUCE THE RATE OF RECIDIVISM IN THE JUVENILE JUSTICE SYSTEM AND19
365	365	TO ASSIST THE JUVENILE IN BECOMING A PRODUCTIVE MEMBER OF20
366	366	SOCIETY. THE JUVENILE BOARD SHALL REFLECT THE SAME21
367	367	CONSIDERATIONS. THE MEMBERSHIP OF THE JUVENILE BOARD MUST22
368	368	REFLECT, TO THE EXTENT POSSIBLE, REPRESENTATION OF PERSONS FROM23
369	369	URBAN AND RURAL AREAS OF THE STATE ; PERSONS WITH DISABILITIES;24
370	370	PERSONS OF DIVERSE RACIAL , ETHNIC, GENDER, LINGUISTIC, AND25
371	371	CULTURAL BACKGROUNDS ; AND PERSONS WITH EXPERTISE IN JUVENILE26
372	372	ISSUES RELATING TO JUVENILES WHO COMMIT SEX OFFENSES . THE27
373	373	SB22-089
374	374	-12- MEMBERSHIP OF THE JUVENILE BOARD CONSISTS OF THE FOLLOWING1
375	375	PERSONS, APPOINTED AS FOLLOWS:2
376	376	(a) T
377	377	HE CHIEF JUSTICE OF THE SUPREME COURT SHALL APPOINT3
378	378	TWO MEMBERS AS FOLLOWS :4
379	379	(I) O
380	380	NE MEMBER WHO REPRESENTS THE JUDICIAL DEPARTMENT ;5
381	381	AND6
382	382	(II) O
383	383	NE MEMBER WHO IS A JUVENILE COURT JUDGE OR JUVENILE7
384	384	COURT MAGISTRATE;8
385	385	(b) T
386	386	HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HUMAN9
387	387	SERVICES SHALL APPOINT THREE MEMBERS AS FOLLOWS :10
388	388	(I) O
389	389	NE MEMBER WHO REPRESENTS THE DEPARTMENT OF HUMAN11
390	390	SERVICES AND WHO HAS RECOGNIZABLE EXPERTISE IN CHILD WELFARE12
391	391	AND CASE MANAGEMENT ;13
392	392	(II) O
393	393	NE MEMBER WHO REPRESENTS THE DIVISION OF YOUTH14
394	394	SERVICES IN THE DEPARTMENT OF HUMAN SERVICES ; AND15
395	395	(III) O
396	396	NE MEMBER WHO IS A PROVIDER OF OUT -OF-HOME16
397	397	PLACEMENT SERVICES WITH RECOGNIZABLE EXPERTISE IN PROVIDING17
398	398	SERVICES TO JUVENILES WHO HAVE COMMITTED SEXUAL OFFENSES ;18
399	399	(c) T
400	400	HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC19
401	401	SAFETY SHALL APPOINT SIX MEMBERS AS FOLLOWS :20
402	402	(I) T
403	403	WO MEMBERS WHO ARE LICENSED MENTAL HEALTH21
404	404	PROFESSIONALS WITH RECOGNIZABLE EXPERTISE IN THE TREATMENT OF22
405	405	JUVENILES WHO HAVE COMMITTED SEXUAL OFFENSES ;23
406	406	(II) O
407	407	NE MEMBER WHO IS A PUBLIC DEFENDER WITH24
408	408	RECOGNIZABLE EXPERTISE RELATED TO JUVENILE SEX OFFENSES ;25
409	409	(III) O
410	410	NE MEMBER WHO REPRESENTS LAW ENFORCEMENT AND HAS26
411	411	WORKED AS A SCHOOL RESOURCE OFFICER WHO HAS EXPERIENCE IN27
412	412	SB22-089
413	413	-13- ADDRESSING SEX OFFENSES AND VICTIMIZATION ; AND1
414	414	(IV) T
415	415	WO MEMBERS WHO ARE RECOGNIZED EXPERTS IN THE FIELD2
416	416	OF SEXUAL ABUSE AND WHO CAN REPRESENT SEXUAL ABUSE VICTIMS AND3
417	417	VICTIMS' RIGHTS ORGANIZATIONS;4
418	418	(d) T
419	419	HE EXECUTIVE DIRECTOR OF THE COLORADO DISTRICT5
420	420	ATTORNEYS' COUNCIL SHALL APPOINT ONE MEMBER WHO REPRESENTS THE6
421	421	INTERESTS OF PROSECUTING ATTORNEYS AND WHO HAS RECOGNIZABLE7
422	422	EXPERTISE IN PROSECUTING JUVENILE SEX OFFENSES ; AND8
423	423	(e) T
424	424	HE COMMISSIONER OF EDUCATION SHALL APPOINT ONE9
425	425	MEMBER WHO HAS EXPERIENCE WITH JUVENILES WHO HAVE COMMITTED10
426	426	SEXUAL OFFENSES AND WHO ARE IN THE PUBLIC SCHOOL SYSTEM .11
427	427	(2) T
428	428	HE MEMBERS OF THE JUVENILE BOARD SHALL ELECT12
429	429	PRESIDING OFFICERS FOR THE JUVENILE BOARD , INCLUDING A CHAIR AND13
430	430	VICE-CHAIR, FROM AMONG THE JUVENILE BOARD MEMBERS APPOINTED14
431	431	PURSUANT TO SUBSECTION (1) OF THIS SECTION. THE PRESIDING OFFICERS'15
432	432	TERMS ARE FOR TWO YEARS. JUVENILE BOARD MEMBERS MAY RE -ELECT16
433	433	A PRESIDING OFFICER.17
434	434	(3) A
435	435	JUVENILE BOARD MEMBER SERVES AT THE PLEASURE OF THE18
436	436	APPOINTING AUTHORITY FOR A TERM OF FOUR YEARS . THE APPOINTING19
437	437	AUTHORITY MAY REAPPOINT A MEMBER FOR AN ADDITIONAL TERM OR20
438	438	TERMS. MEMBERS OF THE JUVENILE BOARD SERVE WITHOUT21
439	439	COMPENSATION. WHEN THERE IS A VACANCY ON THE JUVENILE BOARD ,22
440	440	THE APPOINTING AUTHORITY SHALL APPOINT A PERSON TO SERVE THE23
441	441	REMAINDER OF THE TERM FOR THAT JUVENILE BOARD POSITION .24
442	442	(4) Duties of the board. T
443	443	HE JUVENILE BOARD HAS THE25
444	444	FOLLOWING DUTIES:26
445	445	(a) Standards for identification and evaluation of juvenile27
446	446	SB22-089
447	447	-14- offenders. T HE JUVENILE BOARD SHALL DEVELOP , PRESCRIBE, AND1
448	448	REVISE, AS APPROPRIATE, A STANDARD PROCEDURE TO EVALUATE AND2
449	449	IDENTIFY JUVENILES WHO HAVE COMMITTED SEXUAL OFFENSES ,3
450	450	INCLUDING JUVENILES WITH INTELLECTUAL AND DEVELOPMENTAL4
451	451	DISABILITIES, AND JUVENILES WHO HAVE BEEN CONVICTED IN DISTRICT5
452	452	COURT PURSUANT TO SECTION 19-2.5-801 OR 19-2.5-802 IF THE JUVENILE6
453	453	IS SENTENCED AND UNDERGOING SUPERVISION PRIOR TO REACHING7
454	454	TWENTY-ONE YEARS OF AGE. THE PROCEDURE MUST PROVIDE FOR AN8
455	455	EVALUATION AND IDENTIFICATION OF THE JUVENILE OFFENDER AND9
456	456	RECOMMEND BEHAVIOR MANAGEMENT , MONITORING, TREATMENT, AND10
457	457	COMPLIANCE AND MUST INCORPORATE THE CONCEPTS OF THE11
458	458	RISK-NEED-RESPONSIVITY OR ANOTHER EVIDENCE -BASED CORRECTIONAL12
459	459	MODEL BASED UPON THE KNOWLEDGE THAT ALL UNLAWFUL SEXUAL13
460	460	BEHAVIOR POSES A RISK TO THE COMMUNITY AND THAT CERTAIN14
461	461	JUVENILES MAY HAVE THE CAPACITY TO CHANGE THEIR BEHAVIOR WITH15
462	462	APPROPRIATE INTERVENTION AND TREATMENT . THE JUVENILE BOARD16
463	463	SHALL DEVELOP AND IMPLEMENT METHODS OF INTERVENTION FOR17
464	464	JUVENILES WHO HAVE COMMITTED SEXUAL OFFENSES . THE PRIORITY FOR18
465	465	THE INTERVENTION METHODS IS THE PHYSICAL AND PSYCHOLOGICAL19
466	466	SAFETY OF VICTIMS AND POTENTIAL VICTIMS AND THAT THE20
467	467	INTERVENTION METHODS ARE APPROPRIATE TO THE NEEDS OF THE21
468	468	PARTICULAR JUVENILE OFFENDER, SO LONG AS THERE IS NO REDUCTION IN22
469	469	THE SAFETY OF VICTIMS AND POTENTIAL VICTIMS .23
470	470	(b) (I) Guidelines and standards for treatment of juvenile24
471	471	offenders. T
472	472	HE JUVENILE BOARD SHALL DEVELOP , IMPLEMENT, AND25
473	473	REVISE, AS APPROPRIATE, GUIDELINES AND STANDARDS TO TREAT26
474	474	JUVENILES WHO HAVE COMMITTED SEXUAL OFFENSES , INCLUDING27
475	475	SB22-089
476	476	-15- JUVENILES WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES ,1
477	477	INCORPORATING IN THE GUIDELINES AND STANDARDS THE CONCEPTS OF2
478	478	THE RISK-NEED-RESPONSIVITY OR ANOTHER EVIDENCE -BASED3
479	479	CORRECTIONAL MODEL. THE GUIDELINES AND STANDARDS MAY BE USED4
480	480	FOR JUVENILE OFFENDERS WHO ARE PLACED ON PROBATION , COMMITTED5
481	481	TO THE DEPARTMENT OF HUMAN SERVICES , PLACED ON PAROLE, OR6
482	482	PLACED IN OUT -OF-HOME PLACEMENT . TREATMENT PROGRAMS7
483	483	IMPLEMENTED PURSUANT TO THE GUIDELINES AND STANDARDS8
484	484	DEVELOPED PURSUANT TO THIS SUBSECTION (4)(b) MUST BE AS FLEXIBLE9
485	485	AS POSSIBLE SO THAT THE TREATMENT PROGRAMS MAY BE ACCESSED BY10
486	486	EACH JUVENILE OFFENDER TO PREVENT THE OFFENDER FROM HARMING11
487	487	VICTIMS AND POTENTIAL VICTIMS. TREATMENT PROGRAMS MUST PROVIDE12
488	488	A CONTINUING MONITORING PROCESS AND A CONTINUUM OF TREATMENT13
489	489	OPTIONS AVAILABLE TO A JUVENILE OFFENDER AS THE OFFENDER14
490	490	PROCEEDS THROUGH THE JUVENILE JUSTICE SYSTEM . TREATMENT OPTIONS15
491	491	MAY INCLUDE, BUT NEED NOT BE LIMITED TO , GROUP COUNSELING,16
492	492	INDIVIDUAL COUNSELING , FAMILY COUNSELING, OUTPATIENT TREATMENT,17
493	493	INPATIENT TREATMENT, SHARED LIVING ARRANGEMENTS, AND TREATMENT18
494	494	IN A THERAPEUTIC COMMUNITY . TREATMENT PROGRAMS IMPLEMENTED19
495	495	PURSUANT TO THE GUIDELINES AND STANDARDS DEVELOPED PURS UANT TO20
496	496	THIS SUBSECTION (4)(b) MUST BE, TO THE EXTENT POSSIBLE, ACCESSIBLE21
497	497	TO ALL JUVENILES WHO HAVE COMMITTED SEXUAL OFFENSES AND WHO22
498	498	ARE IN THE JUVENILE JUSTICE SYSTEM , INCLUDING JUVENILES WITH23
499	499	BEHAVIORAL, MENTAL HEALTH, OR CO-OCCURRING DISORDERS.24
500	500	(II) T
501	501	HE REVISION OF THE GUIDELINES AND STANDARDS PURSUANT25
502	502	TO THIS SUBSECTION (4)(b) MUST BE ADOPTED PURSUANT TO THE VOTING26
503	503	PROCEDURES OUTLINED IN THE BYLAWS ADOPTED BY THE JUVENILE27
504	504	SB22-089
505	505	-16- BOARD. IN ADDITION, THE JUVENILE BOARD SHALL ESTABLISH ANY1
506	506	NECESSARY COMMITTEES TO CARRY OUT RESEARCH , PUBLIC DISCUSSION,2
507	507	AND PRESENTATION OF INFORMATION TO THE JUVENILE BOARD FOR THE3
508	508	PURPOSE OF REVISING THE GUIDELINES AND STANDARDS . IN ADDITION TO4
509	509	THE NECESSARY COMMITTEES , THE JUVENILE BOARD SHALL ESTABLISH:5
510	510	(A)
511	511	A BEST PRACTICES COMMITTEE TO PROVIDE GUIDANCE TO THE6
512	512	JUVENILE BOARD ON CURRENT BEST PRACTICES FOR TREATMENT OF SEX7
513	513	OFFENDERS. AT LEAST EIGHTY PERCENT OF THE MEMBERS OF THE BEST8
514	514	PRACTICES COMMITTEE MUST BE APPROVED TREATMENT PROVIDERS .9
515	515	(B)
516	516	A VICTIM ADVOCACY COMMITTEE TO PROVIDE10
517	517	REPRESENTATION OF VICTIM EXPERIENCES AND PROVIDE GUIDANCE TO THE11
518	518	JUVENILE BOARD ON VICTIM-CENTERED PRACTICES FOR THE EVALUATION ,12
519	519	IDENTIFICATION, TREATMENT, MANAGEMENT, AND MONITORING OF SEX13
520	520	OFFENDERS. THE VICTIM ADVOCACY COMMI TTEE MAY BE A JOINT14
521	521	COMMITTEE UTILIZED BY BOTH THE JUVENILE BOARD AND THE ADULT SEX15
522	522	OFFENDER MANAGEMENT BOARD CREATED IN SECTION 16-11.7-103.16
523	523	(c) Evaluation of policies and procedures for juvenile17
524	524	offenders. T
525	525	HE JUVENILE BOARD SHALL RESEARCH AND ANALYZE THE18
526	526	EFFECTIVENESS OF THE EVALUATION , IDENTIFICATION, AND TREATMENT19
527	527	PROCEDURES DEVELOPED PURSUANT TO THIS ARTICLE 11.7 FOR JUVENILES20
528	528	WHO HAVE COMMITTED SEXUAL OFFENSES . THE JUVENILE BOARD SHALL21
529	529	REVISE THE GUIDELINES AND STANDARDS FOR EVALUATION ,22
530	530	IDENTIFICATION, AND TREATMENT, AS APPROPRIATE, BASED UPON THE23
531	531	RESULTS OF THE JUVENILE BOARD 'S RESEARCH AND ANALYSIS . THE24
532	532	REVISION OF THE GUIDELINES AND STANDARDS MUST BE ADOPTED25
533	533	PURSUANT TO THE VOTING PROCEDURES OUTLINED IN THE BYLAWS26
534	534	ADOPTED BY THE JUVENILE BOARD . THE JUVENILE BOARD SHALL ALSO27
535	535	SB22-089
536	536	-17- DEVELOP AND PRESCRIBE A SYSTEM TO IMPLEMENT THE GUIDELINES AND1
537	537	STANDARDS DEVELOPED PURSUANT TO SUBSECTION (4)(b) OF THIS2
538	538	SECTION.3
539	539	(d) Educational materials. T
540	540	HE JUVENILE BOARD , IN4
541	541	COLLABORATION WITH LAW ENFORCEMENT AGENCIES , VICTIM ADVOCACY5
542	542	ORGANIZATIONS, THE DEPARTMENT OF EDUCATION, AND THE DEPARTMENT6
543	543	OF PUBLIC SAFETY, SHALL DEVELOP AND REVISE, AS APPROPRIATE, FOR USE7
544	544	BY SCHOOLS, THE STATEMENT IDENTIFIED IN SECTION 22-1-124 AND8
545	545	EDUCATIONAL MATERIALS REGARDING GENERAL INFORMATION ABOUT9
546	546	JUVENILES WHO HAVE COMMITTED SEXUAL OFFENSES , SAFETY CONCERNS10
547	547	RELATED TO SUCH OFFENDERS , AND OTHER RELEVANT MATERIALS . THE11
548	548	JUVENILE BOARD SHALL PROVIDE THE STATEMENT AND MATERIALS TO THE12
549	549	DEPARTMENT OF EDUCATION, AND THE DEPARTMENT OF EDUCATION SHALL13
550	550	MAKE THE STATEMENT AND MATERIALS AVAILABLE TO SCHOOLS IN THE14
551	551	STATE.15
552	552	(5) Immunity. T
553	553	HE JUVENILE BOARD AND THE INDIVIDUAL BOARD16
554	554	MEMBERS ARE IMMUNE FROM ANY LIABILITY , WHETHER CIVIL OR17
555	555	CRIMINAL, FOR THE GOOD-FAITH PERFORMANCE OF THE DUTIES OF THE18
556	556	JUVENILE BOARD.19
557	557	(6) Repeal. (a) T
558	558	HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER20
559	559	1,
560	560	2026.21
561	561	(b) B
562	562	EFORE THE REPEAL , THE JUVENILE SEX OFFENDER22
563	563	MANAGEMENT BOARD APPOINTED PURSUANT TO THIS SECTION IS23
564	564	SCHEDULED FOR REVIEW IN ACCORDANCE WITH SECTION 24-34-104.24
565	565	SECTION 5. In Colorado Revised Statutes, 16-11.7-104, amend25
566	566	(1) as follows:26
567	567	16-11.7-104. Sex offenders - evaluation and identification27
568	568	SB22-089
569	569	-18- required. (1) On and after January 1, 1994, each convicted adult sex1
570	570	offender and
571	571	EACH juvenile who has committed a sexual offense who is2
572	572	to be considered for probation shall be
573	573	IS required, as a part of the3
574	574	presentence or probation investigation required pursuant to section4
575	575	16-11-102, to submit to an evaluation for treatment, an evaluation for5
576	576	risk, procedures required for monitoring of behavior to protect victims6
577	577	and potential victims, and an identification developed pursuant to section7
578	578	16-11.7-103 (4)
579	579	FOR ADULT SEX OFFENDERS AND 16-11.7-103.5 (4) FOR8
580	580	JUVENILES WHO HAVE COMMITTED SE XUAL OFFENSES ; EXCEPT THAT, IN9
581	581	THE EVENT THE DEFENDANT IS DESIGNATED A SEX OFFENDER FOR10
582	582	PURPOSES OF REQUIRING AN EVALUATION BECAUSE OF THE DEFENDANT 'S11
583	583	PREVIOUS HISTORY OF SEXUAL OFFENSE , AS DESCRIBED IN SECTION12
584	584	16-11.7-102 (2)(a)(II),
585	585	THE COURT MAY WAIVE THE REQUIREMENT FOR13
586	586	THE EVALUATION WITH CONSENT OF THE DISTRICT ATTORNEY .14
587	587	SECTION 6. In Colorado Revised Statutes, 16-11.7-105, amend15
588	588	(2); and add (1.5) and (3) as follows:16
589	589	16-11.7-105. Sentencing of sex offenders - treatment based17
590	590	upon evaluation and identification required. (1.5) T
591	591	HE DEPARTMENT18
592	592	OF CORRECTIONS SHALL IDENTIFY ALL INMATES WHO ARE REQUIRED TO19
593	593	UNDERGO SEX-OFFENSE TREATMENT , ARE ELIGIBLE TO RECEIVE20
594	594	SEX-OFFENSE TREATMENT, AND HAVE NOT BEEN PROVIDED WITH THE21
595	595	OPPORTUNITY TO UNDERGO TREATMENT WHILE INCARCERATED . THE22
596	596	DEPARTMENT OF CORRECTIONS SHALL PROVIDE THIS DATA TO THE ADULT23
597	597	SEX OFFENDER MANAGEMENT BOARD ESTABLISHED IN SECTION24
598	598	16-11.7-103
599	599	PRIOR TO AUGUST 31, 2022. THE DIVISION OF PAROLE IN THE25
600	600	DEPARTMENT OF CORRECTIONS AND THE ADULT SEX OFFENDER26
601	601	MANAGEMENT BOARD SHALL MEET AND DEVELOP SOLUTIONS TO ADDRESS27
602	602	SB22-089
603	603	-19- THE NEEDS OF TREATMENT FOR OFFENDERS INCARCERATED IN THE1
604	604	DEPARTMENT OF CORRECTIONS . THE ADULT SEX OFFENDER MANAGEMENT2
605	605	BOARD SHALL PRESENT FINDINGS TO THE DIVISION OF CRIMINAL JUSTICE3
606	606	IN THE DEPARTMENT OF PUBLIC SAFETY PRIOR TO JANUARY 1, 2023.4
607	607	(2) For
608	608	ADULT SEX offenders who begin community supervision5
609	609	on or after August 10, 2016
610	610	THE EFFECTIVE DATE OF THIS SUBSECTION (2),6
611	611	AS AMENDED, the supervising agency of each adult sex offender and7
612	612	juvenile who has committed a sexual offense shall provide the offender8
613	613	with a choice of two appropriate treatment provider agencies staffed by9
614	614	approved providers unless the supervising agency documents in the file10
615	615	that, based upon the nature of the program offered, the needs of the11
616	616	offender, or the proximity of the appropriate treatment provider agency,12
617	617	fewer than two such agencies can meet the specific needs of the offender,13
618	618	ensure the safety of the public, and provide the supervising agency with14
619	619	reasonable access to the treatment provider agency and the offender15
620	620	during the course of treatment ACCESS TO A LIST OF TREATMENT16
621	621	PROVIDERS, APPROVED PURSUANT TO SECTION 16-11.7-106, WHO HAVE17
622	622	THE EXPERTISE TO WORK WITH THE SPECIFIC RISKS AND NEEDS OF THAT18
623	623	PARTICULAR OFFENDER. FOR AN OFFENDER WHO IS A PERSON WITH AN19
624	624	INTELLECTUAL AND DEVELOPMENTAL DISABILITY , AS DEFINED IN SECTION20
625	625	25.5-10-202,
626	626	THE SUPERVISING AGENCY SHALL REFER THAT OFFENDER TO21
627	627	A PROVIDER APPROVED BY THE ADULT SEX OFFENDER M ANAGEMENT22
628	628	BOARD TO WORK WITH THAT POPULATION . WHEN MAKING A LIST OF23
629	629	REFERRALS, THE SUPERVISING AGENCY WILL CONSIDER INDIVIDUAL RISKS24
630	630	AND TREATMENT NEEDS OF THE PARTICULAR OFFENDER AND TAILOR25
631	631	REFERRALS TO THOSE CONSIDERATIONS . Once selected, the treatment26
632	632	provider agency may not be changed by the offender without the approval27
633	633	SB22-089
634	634	-20- of the community supervision team, the multidisciplinary team, or the1
635	635	court.2
636	636	(3) T
637	637	HE REQUIREMENTS OF SUBSECTION (2) OF THIS SECTION DO3
638	638	NOT APPLY TO THE DIVISION OF YOUTH SERVICES BASED ON THE NATURE4
639	639	OF THE PROGRAM, THE COMPLEX NEEDS OF THE JUVENILES SERVED , AND5
640	640	THE PLACEMENTS AND APPROVED TREATMENT PROVIDERS AVAILABLE TO6
641	641	WORK WITH JUVENILES FROM THE DIVISION OF YOUTH SERVICES . THE7
642	642	DIVISION OF YOUTH SERVICES SHALL ASSIGN JUVENILES WHO HAVE8
643	643	COMMITTED A SEXUAL OFFENSE TO A TREATMENT PROVIDER BASED ON9
644	644	THE INDIVIDUAL RISKS AND NEEDS OF THE JUVENILE AND HAVE10
645	645	PROCEDURES IN PLACE TO ALLOW FOR A JUVENILE OR FAMILY TO REQUEST11
646	646	A CHANGE IN TREATMENT PROVIDERS BASED ON RESPONSIVITY FACTORS .12
647	647	T
648	648	HE MULTIDISCIPLINARY TEAM FOR THE JUVENILE SHALL REVIEW ALL13
649	649	REQUESTS FOR CHANGES IN TREATMENT PROVIDERS AND APPROVE14
650	650	REQUESTS IF THE MULTIDISCIPLINARY TEAM DETERMINES THE JUVENILE 'S15
651	651	RISKS, NEEDS, AND RESPONSIVITY FACTORS CAN BE BETTER SERVED BY AN16
652	652	ALTERNATE TREATMENT PROVIDER .17
653	653	SECTION 7. In Colorado Revised Statutes, amend 16-11.7-10618
654	654	as follows:19
655	655	16-11.7-106. Sex offender evaluation, treatment, and20
656	656	polygraph services - contracts with providers - placement on21
657	657	provider list - joint application review subcommittee - grievances -22
658	658	fund created. (1) (a) The department of corrections, the judicial23
659	659	department, the division of criminal justice in the department of public24
660	660	safety, or the department of human services shall not employ or contract25
661	661	with, and shall not allow an adult sex offender or a juvenile who has26
662	662	committed a sexual offense to employ or contract with, an individual or27
663	663	SB22-089
664	664	-21- entity to provide sex-offender-specific evaluation, treatment, or polygraph1
665	665	services pursuant to this article ARTICLE 11.7 unless the2
666	666	sex-offender-specific evaluation, treatment, or polygraph services to be3
667	667	provided by the individual or entity conform with the guidelines and4
668	668	standards developed pursuant to section 16-11.7-103
669	669	OR 16-11.7-103.55
670	670	and the name of the individual providing services is on the list created6
671	671	pursuant to paragraph (b) of subsection (2)
672	672	SUBSECTION (2)(b) of this7
673	673	section of persons who may provide sex-offender-specific services.8
674	674	(b) T
675	675	O THE EXTENT POSSIBLE, THE INDIVIDUALS OR ENTITIES9
676	676	PROVIDING SEX-OFFENDER-SPECIFIC EVALUATION, TREATMENT, AND10
677	677	POLYGRAPH SERVICES SHOULD ADEQUATELY REPRESENT THE DIVERSE11
678	678	CLIENTS FOR WHOM THEY PROVIDE SERVICES . THE LIST CREATED12
679	679	PURSUANT TO SUBSECTION (2)(b) OF THIS SECTION MUST INCLUDE, TO THE13
680	680	EXTENT PRACTICABLE, PERSONS WITH DISABILITIES AND PERSONS OF14
681	681	DIVERSE RACIAL, ETHNIC, GENDER, LINGUISTIC, AND CULTURAL15
682	682	BACKGROUNDS.16
683	683	(2) (a) The board
684	684	ADULT AND JUVENILE SEX OFFENDER17
685	685	MANAGEMENT BOARDS , REFERRED TO IN THIS SECTION AS THE "BOARDS",18
686	686	shall develop an application and review process for treatment providers,19
687	687	evaluators, and polygraph examiners who provide services pursuant to20
688	688	this article ARTICLE 11.7 to adult sex offenders and to juveniles who have21
689	689	committed sexual offenses. The application and review process shall22
690	690	MUST allow providers to demonstrate that they are in compliance with the23
691	691	standards adopted pursuant to this article ARTICLE 11.7. THE BOARDS24
692	692	SHALL CREATE A JOINT APPLICATION REVIEW SUBCOMMITTEE TO SERVE25
693	693	EACH BOARD FOR THE APPLICATION AND REVIEW PROCESS OF TREATMENT26
694	694	PROVIDERS, EVALUATORS, AND POLYGRAPH EXAMINERS WHO PROVIDE27
695	695	SB22-089
696	696	-22- SERVICES PURSUANT TO THIS ARTICLE 11.7 TO ADULT SEX OFFENDERS AND1
697	697	TO JUVENILES WHO HAVE COMMITTED SEXUAL OFFENSES . AN APPLICANT2
698	698	SEEKING APPROVAL TO PROVIDE SERVICES PURSUANT TO THIS ARTICLE3
699	699	11.7
700	700	MUST SUBMIT AN APPLICATION TO THE SUBCOMMITTEE FOR4
701	701	APPROVAL AND SHOULD INDICATE WHETHER THE APPLICANT IS SEEKING5
702	702	APPROVAL FOR SERVICES REGARDING JUVENILES , ADULTS, OR BOTH. The6
703	703	application and review process shall consist
704	704	CONSISTS of the following7
705	705	three parts:8
706	706	(I) The board BOARDS shall develop separate application and9
707	707	review processes for standards that apply to the criminal justice10
708	708	component, such as criminal history record checks, for evaluators,11
709	709	individual treatment providers, and polygraph examiners. Applications for12
710	710	the criminal justice components, including fingerprints, shall be submitted13
711	711	to the board BOARDS. The board BOARDS shall forward the fingerprints to14
712	712	the Colorado bureau of investigation for use in conducting a state15
713	713	criminal history record check and for transmittal to the federal bureau of16
714	714	investigation for a national criminal history record check. The board17
715	715	BOARDS may use information obtained from the state and national18
716	716	criminal history record checks to determine an applicant's eligibility for19
717	717	placement on the approved provider list. The board shall be BOARDS ARE20
718	718	responsible for the implementation of the provisions of this subparagraph21
719	719	(I) THIS SUBSECTION (2)(a)(I). THE BOARDS SHALL MAINTAIN A RECORD22
720	720	OF ANY DENIAL OR REMOVAL FROM THE LIST OF APPROVED TREATMENT23
721	721	PROVIDERS OR OTHER SANCTIONS DUE TO A TREATMENT PROVIDER 'S24
722	722	CRIMINAL HISTORY.25
723	723	(II) The board BOARDS shall develop an application and review26
724	724	process for the verification of the qualifications and credentials of27
725	725	SB22-089
726	726	-23- evaluators, treatment providers, and polygraph examiners.1
727	727	(III) The board BOARDS shall require a person who applies for2
728	728	placement, including a person who applies for continued placement, on3
729	729	the list of persons who may provide sex-offender-specific evaluation,4
730	730	treatment, and polygraph services pursuant to this article ARTICLE 11.7 to5
731	731	submit to a current background investigation that goes beyond the scope6
732	732	of the criminal history record check described in subparagraph (I) of this7
733	733	paragraph (a) SUBSECTION (2)(a)(I) OF THIS SECTION. In conducting the8
734	734	current background investigation required by this subparagraph (III)9
735	735	SUBSECTION (2)(a)(III), the board BOARDS shall obtain reference and10
736	736	criminal history information and recommendations that may be relevant11
737	737	to the applicant's fitness to provide sex-offender-specific evaluation,12
738	738	treatment, and polygraph services pursuant to this article ARTICLE 11.7.13
739	739	(b) After the process developed pursuant to paragraph (a) of this14
740	740	subsection (2) SUBSECTION (2)(a) OF THIS SECTION is established and15
741	741	providers have met all the criteria of the application and review process,16
742	742	the board BOARDS may approve the provider. The board BOARDS and the17
743	743	department of regulatory agencies shall jointly publish, at least annually,18
744	744	a list of approved providers. The board BOARDS shall forward the list to19
745	745	the office of the state court administrator, the department of public safety,20
746	746	the department of human services, and the department of corrections. The21
747	747	board BOARDS shall update and forward the list of approved providers as22
748	748	necessary.23
749	749	(3) The board BOARDS shall use the information obtained from the24
750	750	state and national criminal history record checks and the current25
751	751	background investigation in determining whether to place or continue the26
752	752	placement of a person on the approved provider list.27
753	753	SB22-089
754	754	-24- (4) The board BOARDS may determine the requirements for an1
755	755	evaluator's, treatment provider's, or polygraph examiner's name to be2
756	756	placed on the approved provider list after his or her name has been3
757	757	removed from the list for any reason.4
758	758	(5) The board BOARDS shall develop a renewal process for the5
759	759	continued placement of a person on the approved provider list published6
760	760	pursuant to paragraph (b) of subsection (2) SUBSECTION (2)(b) of this7
761	761	section.8
762	762	(6) The board BOARDS may assess a fee to an applicant for9
763	763	placement on the approved provider list. The fee shall not exceed one10
764	764	hundred twenty-five dollars per application to cover the costs of11
765	765	conducting a current background investigation required by subsection (2)12
766	766	of this section. All moneys MONEY collected pursuant to this subsection13
767	767	(6) shall be transmitted to the state treasurer, who shall credit the same to14
768	768	the sex offender treatment provider fund, which fund is hereby created15
769	769	and referred to in this subsection (6) as the "fund". The moneys MONEY16
770	770	in the fund shall be IS subject to annual appropriation by the general17
771	771	assembly to the division of criminal justice in the department of public18
772	772	safety for the direct and indirect costs associated with the current19
773	773	background investigation required by subsection (2) of this section. Any20
774	774	moneys MONEY in the fund not expended for the purpose of subsection21
775	775	(2) of this section may be invested by the state treasurer as provided by22
776	776	law. All interest and income derived from the investment and deposit of23
777	777	moneys MONEY in the fund shall be IS credited to the fund. Any24
778	778	unexpended and unencumbered moneys MONEY remaining in the fund at25
779	779	the end of a fiscal year shall remain in the fund and shall not be credited26
780	780	or transferred to the general fund or another fund.27
781	781	SB22-089
782	782	-25- (7) (a) The board BOARDS shall notify the department of1
783	783	regulatory agencies of the receipt of any complaints or grievances against2
784	784	an individual who provides sex-offender-specific treatment or evaluation3
785	785	services pursuant to this article 11.7 and advise the department of any4
786	786	disciplinary action taken pursuant to subsection (7)(b) of this section. The5
787	787	department of regulatory agencies or the appropriate board, pursuant to6
788	788	article 245 of title 12 and referred to in this subsection (7) as the "DORA7
789	789	board", shall notify the board BOARDS of the receipt of any complaint or8
790	790	grievance against a provider who provides sex-offender-specific9
791	791	treatment or evaluation services pursuant to this article 11.7, if the10
792	792	complaint or grievance was not referred by the board BOARDS, and advise11
793	793	the board BOARDS of any disciplinary action taken against the individual12
794	794	pursuant to any professional licensing act.13
795	795	(b) The board BOARDS shall review and investigate all complaints14
796	796	and grievances concerning compliance with its standards against15
797	797	individuals who provide sex-offender-specific treatment, evaluation, or16
798	798	polygraph services pursuant to this article ARTICLE 11.7. Notwithstanding17
799	799	any action taken by the department of regulatory agencies or the DORA18
800	800	board, the board BOARDS may take appropriate disciplinary action, as19
801	801	permitted by law, against an individual who provides20
802	802	sex-offender-specific treatment, evaluation, or polygraph services21
803	803	pursuant to this article ARTICLE 11.7. The disciplinary action may include,22
804	804	but need not be limited to, the removal of the individual's name from the23
805	805	list of persons who may provide sex offender evaluation, treatment, or24
806	806	polygraph services pursuant to this article ARTICLE 11.7.25
807	807	(c) (I) Nothing in this subsection (7) limits the rights or26
808	808	responsibilities of the department of regulatory agencies or the DORA27
809	809	SB22-089
810	810	-26- board with respect to the investigation and resolution of complaints1
811	811	pursuant to article 245 of title 12.2
812	812	(II) Nothing in this subsection (7) limits the rights or3
813	813	responsibilities of the board BOARDS with respect to the addition or4
814	814	removal of an individual's name from the list of persons who may provide5
815	815	sex offender evaluation, treatment, or polygraph services pursuant to this6
816	816	article ARTICLE 11.7.7
817	817	SECTION 8. In Colorado Revised Statutes, amend 16-11.7-1098
818	818	as follows:9
819	819	16-11.7-109. Reporting requirements - legislative declaration.10
820	820	(1) (a) The general assembly finds and declares that:11
821	821	(I) As a body, The board is ADULT SEX OFFENDER MANAGEMENT12
822	822	BOARD AND JUVENILE SEX OFFENDER MANAGEMENT BOARD , REFERRED TO13
823	823	IN THIS SECTION AS "BOARDS", ARE one of Colorado's most important14
824	824	resources on FOR the treatment and management of adult sex offenders15
825	825	and juveniles who have committed sexual offenses;16
826	826	(II) The board's BOARDS' research and analysis of treatment17
827	827	standards and programs, as well as empirical evidence collected and18
828	828	compiled by the board BOARDS with respect to the treatment outcomes of19
829	829	adult sex offenders and juveniles who have committed sexual offenses,20
830	830	is vital to inform the decisions of policymakers.21
831	831	(b) The general assembly therefore finds that it is appropriate for22
832	832	the board BOARDS to report to the general assembly on an annual basis23
833	833	concerning the status of the treatment and management of adult sex24
834	834	offenders and juveniles who have committed sexual offenses in Colorado.25
835	835	(2) Notwithstanding section 24-1-136 (11)(a)(I), on or before26
836	836	January 31, 2012, and on or before January 31 each year thereafter, the27
837	837	SB22-089
838	838	-27- board BOARDS shall prepare and present to the judiciary committees of the1
839	839	senate and the house of representatives, or any successor committees, a2
840	840	written report concerning best practices for the treatment and3
841	841	management of adult sex offenders and juveniles who have committed4
842	842	sexual offenses, including any evidence-based analysis of treatment5
843	843	standards and programs as well as information concerning any new6
844	844	federal legislation relating to the treatment and management of adult sex7
845	845	offenders and juveniles who have committed sexual offenses. The report8
846	846	may include the board's BOARDS' recommendations for legislation to carry9
847	847	out the purpose and duties of the board BOARDS to protect the community.10
848	848	SECTION 9. In Colorado Revised Statutes, 16-13-902, amend11
849	849	(2) as follows:12
850	850	16-13-902. Definitions. As used in this part 9, unless the context13
851	851	otherwise requires:14
852	852	(2) "Management board" means the
853	853	ADULT sex offender15
854	854	management board created in section 16-11.7-103.16
855	855	SECTION 10. In Colorado Revised Statutes, 16-22-103, amend17
856	856	(5)(a) introductory portion and (5)(a)(IV) as follows:18
857	857	16-22-103. Sex offender registration - required - applicability19
858	858	- exception. (5) (a) Notwithstanding any provision of this article 22 to20
859	859	the contrary, if, pursuant to a motion filed by a person described in this21
860	860	subsection (5) or on its own motion, a court determines
861	861	THAT THE22
862	862	REGISTRATION REQUIREMENT SPECIFIED IN THIS SECTION WOULD BE23
863	863	UNFAIRLY PUNITIVE AND that exempting the person from the registration24
864	864	requirement would not pose a significant risk to the community, the court,25
865	865	upon consideration of the totality of the circumstances, may exempt the26
866	866	person from the registration requirements imposed pursuant to this27
867	867	SB22-089
868	868	-28- section if:1
869	869	(IV) The person has received an A SEX OFFENDER evaluation that2
870	870	conforms with the standards developed pursuant to section 16-11.7-1033
871	871	(4)(i) SECTION 16-11.7-103.5 (4)(b) from an evaluator who meets the4
872	872	standards established by the
873	873	JUVENILE sex offender management board,5
874	874	and the evaluator recommends exempting the person from the registration6
875	875	requirements based upon the best interests of that person and the7
876	876	community; and8
877	877	SECTION 11. In Colorado Revised Statutes, 24-34-104, repeal9
878	878	(24)(a)(XIII); and add (27)(a)(XX) and (27)(a)(XXI) as follows:10
879	879	24-34-104. General assembly review of regulatory agencies11
880	880	and functions for repeal, continuation, or reestablishment - legislative12
881	881	declaration - repeal. (24) (a) The following agencies, functions, or both,13
882	882	are scheduled for repeal on September 1, 2023:14
883	883	(XIII) The sex offender management board created in section
884	884	15
885	885	16-11.7-103.16
886	886	(27) (a) The following agencies, functions, or both, are scheduled17
887	887	for repeal on September 1, 2026:18
888	888	(XX) T
889	889	HE ADULT SEX OFFENDER MANAGEMENT BOARD CREATED19
890	890	IN SECTION 16-11.7-103.20
891	891	(XXI) T
892	892	HE JUVENILE SEX OFFENDER MANAGEMENT BOARD21
893	893	CREATED IN SECTION 16-11.7-103.5.22
894	894	SECTION 12. In Colorado Revised Statutes, 16-22-112, amend23
895	895	(3.5) as follows:24
896	896	16-22-112. Release of information - law enforcement agencies.25
897	897	(3.5) To assist members of the public in protecting themselves from26
898	898	persons who commit offenses involving unlawful sexual behavior, a local27
899	899	SB22-089
900	900	-29- law enforcement agency that chooses to post sex offender registration1
901	901	information on its website shall either post educational information2
902	902	concerning protection from sex offenders on its website or provide a link3
903	903	to the educational information included on the CBI website maintained4
904	904	pursuant to section 16-22-111. A local law enforcement agency that posts5
905	905	the educational information shall work with the
906	906	ADULT sex offender6
907	907	management board created pursuant to
908	908	IN section 16-11.7-103, THE7
909	909	JUVENILE SEX OFFENDER MANAGEMENT BOARD CREATED IN SECTION8
910	910	16-11.7-103.5, and sexual assault victims' advocacy groups in preparing9
911	911	the educational information.10
912	912	SECTION 13. In Colorado Revised Statutes, 17-2-201, amend11
913	913	(5.7)(b) as follows:12
914	914	17-2-201. State board of parole - duties - definitions. (5.7) If,13
915	915	as a condition of parole, an offender is required to undergo counseling or14
916	916	treatment, unless the parole board determines that treatment at another15
917	917	facility or with another person is warranted, the treatment or counseling16
918	918	must be at a facility or with a person:17
919	919	(b) Certified or approved by the
920	920	ADULT sex offender management18
921	921	board, established in section 16-11.7-103, C.R.S.,
922	922	if the offender is a sex19
923	923	offender;20
924	924	SECTION 14. In Colorado Revised Statutes, 17-22.5-404,21
925	925	amend (4)(c)(II) as follows:22
926	926	17-22.5-404. Parole guidelines - definition. (4) (c) (II) The23
927	927	administrative release guideline instrument shall MUST not be used in24
928	928	considering those inmates classified as sex offenders with indeterminate25
929	929	sentences for whom the
930	930	ADULT sex offender management board, pursuant
931	931	26
932	932	to section 18-1.3-1009, C.R.S. ESTABLISHED IN SECTION 16-11.7-103, has27
933	933	SB22-089
934	934	-30- established separate and distinct release guidelines. The ADULT sex1
935	935	offender management board, in collaboration with the department of2
936	936	corrections, the judicial department, the division of criminal justice in the3
937	937	department of public safety, and the state board of parole shall develop4
938	938	a specific sex offender release guideline instrument for use by the state5
939	939	board of parole for those inmates classified as sex offenders with6
940	940	determinate sentences.7
941	941	SECTION 15. In Colorado Revised Statutes, 17-27.1-101,8
942	942	amend (5)(a)(II) as follows:9
943	943	17-27.1-101. Nongovernmental facilities for offenders -10
944	944	registration - notifications - penalties - definitions. (5) A private11
945	945	treatment program in Colorado shall not admit or accept a supervised or12
946	946	unsupervised person into the program unless the program:13
947	947	(a) Is registered with the compact administrator, and, if the person14
948	948	is a supervised person, the private treatment program is:15
949	949	(II) Certified or approved by the
950	950	ADULT sex offender management16
951	951	board, established in section 16-11.7-103, C.R.S.,
952	952	if the program provides17
953	953	sex offender treatment;18
954	954	SECTION 16. In Colorado Revised Statutes, 18-1.3-101, amend19
955	955	(6) as follows:20
956	956	18-1.3-101. Pretrial diversion. (6) In a jurisdiction that receives21
957	957	state moneys MONEY for the creation or operation of diversion programs22
958	958	pursuant to this section, an individual accused of a sex offense, as defined23
959	959	in section 18-1.3-1003 (5), is not eligible for pretrial diversion unless24
960	960	charges have been filed and, after the individual has had an opportunity25
961	961	to consult with counsel, the individual has completed a26
962	962	sex-offense-specific evaluation, which includes the use of a27
963	963	SB22-089
964	964	-31- sex-offense-specific risk assessment instrument, conducted by an1
965	965	evaluator approved by the
966	966	ADULT sex offender management board, as2
967	967	required by section 16-11.7-103 (4). C.R.S.
968	968	The district attorney may3
969	969	agree to place the individual in the diversion program established by the4
970	970	district attorney pursuant to this section if he or she THE DISTRICT5
971	971	ATTORNEY finds that, based on the results of that evaluation and the other6
972	972	factors in subsection (3) of this section, the individual is appropriate for7
973	973	the program. Notwithstanding that a successfully completed diversion8
974	974	agreement does not constitute a history of sex offenses for purposes of9
975	975	sections 16-11.7-102 (2)(a)(II) and 16-22-103 (2)(d), C.R.S., the10
976	976	information constituting the crimes charged and facts alleged shall MUST11
977	977	be available for use by a court, district attorney, any law enforcement12
978	978	agency, or agency of the state judicial department, if otherwise permitted13
979	979	by law, in any subsequent criminal investigation, prosecution, risk or14
980	980	needs assessment evaluation, sentencing hearing, or during a probation15
981	981	or parole supervision period.16
982	982	SECTION 17. In Colorado Revised Statutes, 18-1.3-204, amend17
983	983	(2)(c)(II) as follows:18
984	984	18-1.3-204. Conditions of probation - interstate compact19
985	985	probation transfer cash fund - creation. (2) (c) If the court orders20
986	986	counseling or treatment as a condition of probation, unless the court21
987	987	makes a specific finding that treatment in another facility or with another22
988	988	person is warranted, the court shall order that the treatment or counseling23
989	989	be at a facility or with a person:24
990	990	(II) Certified or approved, by the
991	991	ADULT sex offender management25
992	992	board, established in section 16-11.7-103, C.R.S.,
993	993	if the offender is a sex26
994	994	offender;27
995	995	SB22-089
996	996	-32- SECTION 18. In Colorado Revised Statutes, 18-1.3-407, amend1
997	997	(4.3) as follows:2
998	998	18-1.3-407. Sentences - youthful offenders - legislative3
999	999	declaration - powers and duties of district court - authorization for4
1000	1000	youthful offender system - powers and duties of department of5
1001	1001	corrections - definitions. (4.3) The youthful offender system shall6
1002	1002	provide sex offender treatment services for an offender who is sentenced7
1003	1003	to the youthful offender system and who has a history of committing a sex8
1004	1004	offense as defined in section 16-11.7-102 (3) C.R.S., or who has a history9
1005	1005	of committing any other offense, the underlying factual basis of which10
1006	1006	includes a sex offense. Prior to July 1, 2002, the sex offender treatment11
1007	1007	services provided pursuant to this subsection (4.3) shall MUST comply12
1008	1008	with any existing national standards for juvenile sex offender treatment.13
1009	1009	On and after July 1, 2002, the sex offender treatment services provided14
1010	1010	pursuant to this subsection (4.3) shall MUST comply with the sex offender15
1011	1011	treatment standards adopted by the
1012	1012	JUVENILE sex offender management16
1013	1013	board pursuant to section 16-11.7-103, C.R.S.
1014	1014	SECTION 16-11.7-103.5.17
1015	1015	SECTION 19. In Colorado Revised Statutes, 18-1.3-1003,18
1016	1016	amend (2) as follows:19
1017	1017	18-1.3-1003. Definitions. As used in this part 10, unless the20
1018	1018	context otherwise requires:21
1019	1019	(2) "Management board" means the
1020	1020	ADULT sex offender22
1021	1021	management board created in section 16-11.7-103. C.R.S.
1022	1022	23
1023	1023	SECTION 20. In Colorado Revised Statutes, 18-3-414.5, amend24
1024	1024	(1)(a)(IV) as follows:25
1025	1025	18-3-414.5. Sexually violent predators - assessment - annual26
1026	1026	report - definitions. (1) As used in this section, unless the context27
1027	1027	SB22-089
1028	1028	-33- otherwise requires:1
1029	1029	(a) "Sexually violent predator" means an offender:2
1030	1030	(IV) Who, based upon the results of a risk assessment screening3
1031	1031	instrument developed by the division of criminal justice in consultation4
1032	1032	with and approved by the
1033	1033	ADULT sex offender management board5
1034	1034	established pursuant to section 16-11.7-103 (1), C.R.S.,
1035	1035	is likely to6
1036	1036	subsequently commit one or more of the offenses specified in7
1037	1037	subparagraph (II) of this paragraph (a) SUBSECTION (1)(a)(II) OF THIS8
1038	1038	SECTION under the circumstances described in subparagraph (III) of this9
1039	1039	paragraph (a) SUBSECTION (1)(a)(III) OF THIS SECTION.10
1040	1040	SECTION 21. In Colorado Revised Statutes, 24-33.5-503,11
1041	1041	amend (1)(o) as follows:12
1042	1042	24-33.5-503. Duties of division. (1) The division has the13
1043	1043	following duties:14
1044	1044	(o) To develop, in consultation with the sex offender management15
1045	1045	board,
1046	1046	AS IT EXISTED PRIOR TO THE EFFECTIVE DATE OF SENATE BILL16
1047	1047	22-____,
1048	1048	ENACTED IN 2022, and the judicial branch by January 1, 1999,17
1049	1049	the risk assessment screening instrument that will be provided to the18
1050	1050	sentencing courts to determine the likelihood that a sex offender would19
1051	1051	commit one or more of the offenses specified in section 18-3-414.520
1052	1052	(1)(a)(II), C.R.S.,
1053	1053	under the circumstances described in section21
1054	1054	18-3-414.5 (1)(a)(III); C.R.S.;22
1055	1055	SECTION 22. Act subject to petition - effective date. This act23
1056	1056	takes effect at 12:01 a.m. on the day following the expiration of the24
1057	1057	ninety-day period after final adjournment of the general assembly; except25
1058	1058	that, if a referendum petition is filed pursuant to section 1 (3) of article V26
1059	1059	of the state constitution against this act or an item, section, or part of this27
1060	1060	SB22-089
1061	1061	-34- act within such period, then the act, item, section, or part will not take1
1062	1062	effect unless approved by the people at the general election to be held in2
1063	1063	November 2022 and, in such case, will take effect on the date of the3
1064	1064	official declaration of the vote thereon by the governor.4
1065	1065	SB22-089
1066	1066	-35-