First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0318.01 Jane Ritter x4342
SENATE BILL 23-164
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING THE CONTINUATION OF THE SEX OFFENDER101
MANAGEMENT BOARD , AND, IN CONNECTION THEREWITH ,102
IMPLEMENTING THE RECOMMENDAT IONS CONTAINED IN THE103
2022
SUNSET REPORT BY THE DEPARTMENT OF REGULATORY104
AGENCIES.105
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/
.)
Sunset Process - Senate Judiciary Committee. The bill
implements the recommendations of the department of regulatory
SENATE SPONSORSHIP
Gonzales and Gardner,
HOUSE SPONSORSHIP
Bacon and Weissman,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. agencies' sunset review and report on the sex offender management board
(board) by:
! Continuing the board for 7 years;
! Clarifying that supervising officers are required to follow
guidelines and standards and directing agencies that
employ supervising officers to collaborate with the board
to hold accountable those who fail to do so;
! Repealing the limitation on the number of treatment
providers given to offenders when choosing a provider;
! Requiring standards compliance reviews on at least 10% of
providers every 2 years;
! Updating language concerning fingerprints to reflect
current practice; and
! Relieving the department of regulatory agencies of its
responsibility to publish a list, together with the board, of
approved treatment providers.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 16-11.7-103, amend2
(6); and add (4)(h.5) as follows:3
16-11.7-103. Sex offender management board - creation -4
duties - repeal. (4) Duties of the board. The board shall carry out the5
following duties:6
(h.5) Compliance reviews of treatment providers. B
EGINNING7
S
EPTEMBER 1, 2024, AND EVERY TWO YEARS THEREAFTER , THE BOARD8
SHALL PERFORM A COMPLIANCE REVIEW OF AT LEAST TEN PERCENT OF9
TREATMENT PROVIDERS.10
(6) Repeal. This section is repealed, effective September 1, 2023
11
S
EPTEMBER 1, 2030. Before the repeal, this section is scheduled for12
review in accordance with section 24-34-104.13
SECTION 2. In Colorado Revised Statutes, 16-11.7-105, amend14
(2) as follows:15
16-11.7-105. Sentencing of sex offenders - treatment based16
SB23-164-2- upon evaluation and identification required. (2) For offenders who1
begin community supervision on or after August 10, 2016, the2
supervising agency of each adult sex offender and juvenile who has3
committed a sexual offense shall provide the offender with a choice of4
two appropriate THE COMPLETE LIST OF treatment provider agencies5
staffed by approved providers. unless the supervising agency documents6
in the file that, based upon the nature of the program offered, the needs7
of the offender, or the proximity of the appropriate treatment provider8
agency, fewer than two such agencies can meet the specific needs of the9
offender, ensure the safety of the public, and provide the supervising10
agency with reasonable access to the treatment provider agency and the11
offender during the course of treatment. Once selected, the treatment12
provider agency may not be changed by the offender without the approval13
of the community supervision team, the multidisciplinary team, or the14
court.15
SECTION 3. In Colorado Revised Statutes, 16-11.7-106, amend16
(2)(a) introductory portion, (2)(a)(I), and (2)(b); and add (8) as follows:17
16-11.7-106. Sex offender evaluation, treatment, and18
polygraph services - contracts with providers - placement on19
provider list - grievances - fund created. (2) (a) The board shall20
develop an application and review process for treatment providers,21
evaluators, and polygraph examiners who provide services pursuant to22
this article ARTICLE 11.7 to adult sex offenders and to juveniles who have23
committed sexual offenses. The application and review process shall24
MUST allow providers to demonstrate that they are in compliance with the25
standards adopted pursuant to this article ARTICLE 11.7. The application26
and review process shall consist CONSISTS of the following three parts:27
SB23-164
-3- (I) The board shall develop separate application and review1
processes for standards that apply to the criminal justice component, such2
as criminal history record checks, for evaluators, individual treatment3
providers, and polygraph examiners. Applications for the criminal justice4
components, including EXCLUDING fingerprints, shall MUST be submitted5
to the board. The board shall DIVISION OF CRIMINAL JUSTICE IN THE6
DEPARTMENT OF PUBLIC SAFETY SHALL WORK WITH A THIRD -PARTY7
VENDOR TO TAKE AND forward the fingerprints to the Colorado bureau of8
investigation for use in conducting a state criminal history record check9
and for transmittal to the federal bureau of investigation for a national10
criminal history record check. The board may use information obtained11
from the state and national criminal history record checks to determine an12
applicant's eligibility for placement on the approved provider list. The13
board shall be IS responsible for the implementation of the provisions of14
this subparagraph (I) THIS SUBSECTION (2)(a)(I).15
(b) After the process developed pursuant to paragraph (a) of this16
subsection (2) SUBSECTION (2)(a) OF THIS SECTION is established and17
providers have met all the criteria of the application and review process,18
the board may approve the provider. The board and the department of19
regulatory agencies shall jointly publish, at least annually, a list of20
approved providers. The board shall forward the list to the office of the21
state court administrator, the department of public safety, the department22
of human services, and the department of corrections. The board shall23
update and forward the list of approved providers as necessary.24
(8) S
UPERVISING OFFICERS SHALL FOLLOW THE GUIDELINES AND25
STANDARDS DEVELOPED PURSUANT TO THIS SECTION WHEN WORKING26
WITH SEX OFFENDERS. AGENCIES EMPLOYING SUPERVISING OFFICERS27
SB23-164
-4- SHALL COLLABORATE WITH THE BOARD TO DEVELOP PROCEDURES TO HOLD1
ACCOUNTABLE A SUPERVISING OFFICER WHO FAILS TO FOLLOW THE2
GUIDELINES AND STANDARDS .3
SECTION 4. In Colorado Revised Statutes, 24-34-104, repeal4
(24)(a)(XIII); and add (31)(a)(VIII) as follows:5
24-34-104. General assembly review of regulatory agencies6
and functions for repeal, continuation, or reestablishment - legislative7
declaration - repeal. (24) (a) The following agencies, functions, or both,8
are scheduled for repeal on September 1, 2023:9
(XIII) The sex offender management board created in section10
16-11.7-103.11
(31) (a) The following agencies, functions, or both, are scheduled12
for repeal on September 1, 2030:13
(VIII) T
HE SEX OFFENDER MANAGEMENT BOARD CREATED IN14
SECTION 16-11.7-103.15
SECTION 5. Act subject to petition - effective date. This act16
takes effect at 12:01 a.m. on the day following the expiration of the17
ninety-day period after final adjournment of the general assembly; except18
that, if a referendum petition is filed pursuant to section 1 (3) of article V19
of the state constitution against this act or an item, section, or part of this20
act within such period, then the act, item, section, or part will not take21
effect unless approved by the people at the general election to be held in22
November 2024 and, in such case, will take effect on the date of the23
official declaration of the vote thereon by the governor.24
SB23-164
-5-