First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 23-0318.01 Jane Ritter x4342
SENATE BILL 23-164
Senate Committees House Committees
Judiciary
Appropriations
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 AND MAKING AN APPROPRIATION .
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
Amended 2nd Reading
April 24, 2023
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, 16-11-102, amend
2
(1)(b)(I) introductory portion as follows:3
16-11-102. Presentence or probation investigation. (1)4
(b) (I) Each presentence report prepared regarding a sex offender, as5
defined in section 16-11.7-102 (2) SECTION 16-11.7-102 (2)(a)(I) TO6
(2)(a)(III),
OR IF REQUESTED BY THE PROSECUTING ATTORNEY OR COURT
7
FOR A PERSON WHO MAY BE DETERMINED TO BE A SEX OFFENDER BASED8
UPON A PRIOR OFFENSE PURSUANT TO SECTION 16-11.7-102 (2)(a)(IV),9
with respect to any offense committed on or after January 1, 1996, shall10
MUST contain the results of an evaluation and identification conducted11
pursuant to article 11.7 of this title TITLE 16; except that:12
SECTION 2. In Colorado Revised Statutes, 16-11.7-102, amend13
(1), (1.5), and (2)(a) as follows:14
16-11.7-102. Definitions. As used in this article 11.7, unless the15
context otherwise requires:16
164-2- (1) "Adult sex offender" means a person who has been convicted,1
as described in subparagraphs (I) to (III) of paragraph (a) of subsection2
(2) SUBSECTION (2)(a)(I), (2)(a)(II), OR (2)(a)(IV) of this section, of a sex3
offense,
BUT DOES NOT INCLUDE A PERSON WHO MEETS THE DEFINITION OF
4
A "JUVENILE WHO HAS COMMITTED A SEXUAL OFFENSE ", AS DEFINED IN5
SUBSECTION (1.5) OF THIS SECTION, UNLESS THE PERSON HAS ALSO BEEN6
CONVICTED OF A SEX OFFENSE COMMITTED ON OR AFTER THE DAY THE7
PERSON ATTAINED EIGHTEEN YEARS OF AGE OR WHO IS SENTENCED FOR A8
SEX OFFENSE ON OR AFTER THE PERSON ATTAINED TWENTY -ONE YEARS OF9
AGE.10
(1.5) "Juvenile who has committed a sexual offense" means a11
juvenile who
WAS LESS THAN EIGHTEEN YEARS OF AGE AT THE TIME OF
12
THE SEX OFFENSE AND WHO has been adjudicated as a juvenile or who13
receives a deferred adjudication
OR WHO IS SENTENCED PRIOR TO
14
ATTAINING TWENTY-ONE YEARS OF AGE AFTER BEING CRIMINALLY15
CONVICTED IN THE DISTRICT COURT PURS UANT TO SECTION 19-2-517 OR16
19-2-518 on or after July 1, 2002,
OR SECTION 19-2.5-801 OR 19-2.5-802,
17
ON OR AFTER OCTOBER 1, 2021, for an offense that would constitute a sex18
offense, as defined in subsection (3) of this section, if committed as an19
adult, or a juvenile who has committed any offense, the underlying factual20
basis of which involves a sex offense.21
(2) (a) "Sex offender" means any person who is:22
(I) Convicted in the state of Colorado, on or after January 1, 1994,23
of any sex offense as defined in subsection (3) of this section; or24
(II) Convicted in the state of Colorado on or after January 1, 1994,25
of any criminal offense, if such person has previously been convicted of26
a sex offense as described in subsection (3) of this section in the state of27
164
-3- Colorado, or if such person has previously been convicted in any other1
jurisdiction of any offense that would constitute a sex offense as defined2
in subsection (3) of this section, or if such person has a history of any sex3
offenses as defined in subsection (3) of this section; or4
(III) (II) Convicted in the state of Colorado on or after July 1,5
2000, of any criminal offense, the underlying factual basis of which6
involves a sex offense; or7
(IV) (III) A juvenile who has committed a sexual offense; OR8
(IV) A
PERSON WHO:
9
(A) W
AS EVALUATED BECAUSE OF A DISCRETIONARY REQUEST BY
10
A PROSECUTING ATTORNEY OR COURT PURSUANT TO SECTION 16-11-102;11
AND12
(B) A
COURT DETERMINES SHOULD UNDERGO SEX OFFENDER
13
TREATMENT BASED UPON THE RECOMMENDATIONS OF THE EVALUATION14
AND IDENTIFICATION PURSUANT TO SECTION 16-11.7-104; AND15
(C) I
S CONVICTED IN THE STATE OF COLORADO ON OR AFTER
16
J
ANUARY 1, 1994, OF ANY CRIMINAL OFFENSE AND, IF THE PERSON HAS
17
PREVIOUSLY BEEN CONVICTED OF A SEX OFFENSE AS DEFINED IN18
SUBSECTION (3) OF THIS SECTION, IN THE STATE OF COLORADO; OR IF THE19
PERSON HAS PREVIOUSLY BEEN CONVICTED IN ANY OTHER JURISDICTION20
OF ANY OFFENSE THAT WOULD CONSTITUTE A SEX OFFENSE AS DEFINED IN21
SUBSECTION (3) OF THIS SECTION; OR IF THE PERSON HAS A HISTORY OF22
ANY SEX OFFENSES AS DEFINED IN SUBSECTION (3) OF THIS SECTION.23
SECTION 3. In Colorado Revised Statutes, 16-11.7-103, amend24
(4)(b)(I), (4)(j)(I), (4)(m), and (6); and add (4)(h.5) as follows:25
16-11.7-103. Sex offender management board - creation -26
duties - repeal. (4) Duties of the board. The board shall carry out the27
164
-4- following duties:1
(b) Guidelines and standards for treatment of adult offenders.2
(I) The board shall develop, implement, and revise, as appropriate,3
guidelines and standards to treat adult sex offenders, including adult sex4
offenders with intellectual and developmental disabilities, incorporating5
in the guidelines and standards the concepts of the risk-need-responsivity6
or another evidence-based correctional model, which guidelines and7
standards can be used in the treatment of offenders who are placed on8
probation, incarcerated with the department of corrections, placed on9
parole, or placed in community corrections. Programs implemented10
pursuant to the guidelines and standards developed pursuant to this11
subsection (4)(b) must be as flexible as possible so that the programs may12
be accessed by each adult sex offender to prevent the offender from13
harming victims and potential victims. Programs must include a14
continuing monitoring process and a continuum of treatment options15
available to an adult sex offender as he or she THE OFFENDER proceeds16
through the criminal justice system. Treatment options must be17
determined by a current risk assessment and evaluation and may include,18
but need not be limited to, group counseling, individual counseling,19
family counseling, outpatient treatment, inpatient treatment, shared living20
arrangements, or treatment in a therapeutic community. Programs21
implemented pursuant to the guidelines and standards developed pursuant22
to this subsection (4)(b) must, to the extent possible, be accessible to all23
adult sex offenders in the criminal justice system, including those24
offenders with behavioral, mental health, and co-occurring disorders
AND
25
MUST ENSURE, TO THE EXTENT POSSIBLE, THAT TREATMENT IS RESPONSIVE26
TO THE AGE AND DEVELOPMENTAL STATUS OF THE OFFENDER AT THE TIME27
164
-5- OF TREATMENT, AS WELL AS THE LINGUISTIC, CULTURAL, RELIGIOUS, AND1
RACIAL CHARACTERISTICS; SEXUAL ORIENTATION, AS DEFINED IN SECTION2
24-34-301;
GENDER IDENTITY, AS DEFINED IN SECTION 24-34-301; AND
3
GENDER EXPRESSION, AS DEFINED IN SECTION 24-34-301, OF THE4
OFFENDERS SERVED. The procedures for evaluation, identification,5
treatment, and monitoring developed pursuant to this subsection (4) must6
be implemented only to the extent that money is available in the sex7
offender surcharge fund created in section 18-21-103 (3).8
(h.5) Compliance reviews of treatment providers. B
EGINNING9
S
EPTEMBER 1, 2024, AND EVERY TWO YEARS THEREAFTER , THE BOARD10
SHALL PERFORM A COMPLIANCE REVIEW OF AT LEAST TEN PERCENT OF11
TREATMENT PROVIDERS.12
(j) (I) Guidelines and standards for treatment of juveniles who
13
have committed a sexual offense. The board shall develop, implement,14
and revise, as appropriate, guidelines and standards to treat juveniles who15
have committed
A sexual offenses
OFFENSE, including juveniles with16
intellectual and developmental disabilities, incorporating in the guidelines17
and standards the concepts of the risk-need-responsivity or another18
evidence-based correctional model, which guidelines and standards may19
be used for juvenile offenders JUVENILES who are placed on probation,20
committed to the department of human services,
SENTENCED TO
21
COMMUNITY CORRECTIONS , SENTENCED TO THE DEPARTMENT OF22
CORRECTIONS, placed on parole, or placed in out-of-home placement.23
Programs implemented pursuant to the guidelines and standards24
developed pursuant to this subsection (4)(j) must be as flexible as25
possible so that the programs may be accessed by each juvenile offender26
to prevent him or her THE JUVENILE from harming victims and potential27
164
-6- victims. Programs must provide a continuing monitoring process and a1
continuum of treatment options available to AS a juvenile offender as he2
or she proceeds through the juvenile OR CRIMINAL justice system.3
Treatment options may include, but need not be limited to, group4
counseling, individual counseling, family counseling, outpatient5
treatment, inpatient treatment, shared living arrangements, and treatment6
in a therapeutic community. Programs implemented pursuant to the7
guidelines and standards developed pursuant to this subsection (4)(j) must8
be, to the extent possible, accessible to all juveniles who have committed9
sexual offenses and who are in the juvenile
OR CRIMINAL justice system,
10
including juveniles with behavioral, mental health, or co-occurring11
disorders
AND MUST ENSURE, TO THE EXTENT POSSIBLE, THAT TREATMENT
12
IS RESPONSIVE TO THE AGE AND DEVELOPMENTAL STATUS OF THE13
JUVENILE AT THE TIME OF TREATMENT , AS WELL AS THE LINGUISTIC,14
CULTURAL, RELIGIOUS, AND RACIAL CHARACTERISTICS ; SEXUAL15
ORIENTATION, AS DEFINED IN SECTION 24-34-301; GENDER IDENTITY, AS16
DEFINED IN SECTION 24-34-301; AND GENDER EXPRESSION, AS DEFINED IN17
SECTION 24-34-301, OF THE JUVENILES SERVED.18
(m) Release guideline instrument for sex offenders with19
determinate sentences. (I)
ON OR BEFORE DECEMBER 1, 2023, AND AS
20
INDICATED THEREAFTER, THE BOARD, IN COLLABORATION WITH THE STATE21
BOARD OF PAROLE, SHALL REVISE THE SPECIFIC SEX OFFENDER RELEASE22
GUIDELINE INSTRUMENT, AS REQUIRED BY SECTION 17-22.5-404 (4)(c)(II),23
FOR USE BY THE STATE BOARD OF PAROLE FOR THOSE INMATES CLASSIFIED24
AS SEX OFFENDERS WITH DETERMINATE SENTENCES . THE REVISED25
RELEASE GUIDELINE INSTRUMENT MUST INCORPORATE THE CONCEPTS OF26
RISK-NEED-RESPONSIVITY OR ANOTHER EVIDENCE -BASED CORRECTIONAL27
164
-7- MODEL AND MUST BE AS FLEXIBLE AS POSSIBLE TO ENSURE THAT THE1
PROGRAMS NECESSARY CAN BE TIMELY ACCESSED BY THE ADULT SEX2
OFFENDER TO PREVENT THE OFFENDER FROM HARMING VICTIMS OR3
POTENTIAL VICTIMS. THE REVISED RELEASE GUIDELINE INSTRUMENT MUST4
CONSIDER THE INTERSECTION OF THE GUIDELINE INSTRUMENT WITH THE5
FACTORS OUTLINED IN SECTION 17-22.5-404 (4)(a); HOWEVER, THE6
RELEASE GUIDELINE INSTRUMENT MUST NOT INCLUDE THE OFFENDER 'S7
INABILITY TO ACCESS TREATMENT DURING INCARCERATION , WHEN8
DETERMINED TO BE ELIGIBLE FOR TREATMENT WITHIN THE DEPARTMENT9
OF CORRECTIONS, AS A BASIS FOR DENIAL OF PAROLE.10
(II) I
N DEVELOPING THE REVISED RELEASE GUIDELINE
11
INSTRUMENT, THE BOARDS SHALL CONSIDER CURRENT RESEARCH ,12
INFORMATION, AND DATA REGARDING:13
(A) F
ACTORS CONSISTENT WITH THE OFFENDER 'S INDIVIDUAL
14
STATIC AND DYNAMIC RISK AND WHETHER PARTICIPATION IN TREATMENT15
WHILE INCARCERATED WILL SIGNIFICANTLY REDUCE THE RISK PRIOR TO16
RELEASE;17
(B) T
HE MOST EFFECTIVE USE OF LIMITED TREATMENT RESOURCES
18
WITHING THE DEPARTMENT OF CORRECTIONS ;19
(C) T
HE AVAILABILITY OR LACK OF AVAILABILITY OF TREATMENT
20
DURING INCARCERATION FOR OFFENDERS WITH DETERMINATE SENTENCES21
WHO MIGHT OTHERWISE BE ELIGIBLE FOR RELEASE PURSUANT TO SECTION22
17-22.5-404 (4)(a);
AND
23
(D) T
HE EFFICACY OF TREATMENT AS A CONDITION OF COMMUNITY
24
SUPERVISION ON PAROLE.25
(6) Repeal. This section is repealed, effective September 1, 202326
S
EPTEMBER 1, 2028.
Before the repeal, this section is scheduled for27
164
-8- review in accordance with section 24-34-104.1
SECTION 4. In Colorado Revised Statutes, 16-11.7-104, amend2
(1) as follows:3
16-11.7-104. Sex offenders - evaluation and identification4
required. (1) W
HEN REQUIRED AS PART OF THE PRESENTENCE OR
5
PROBATION INVESTIGATION PURSUANT TO SECTIONS 16-11-102 (1)(b)(I)6
AND 16-11.7-102 (2)(a)(I) TO (2)(a)(IV), on and after January 1, 1994,7
each convicted adult sex offender and juvenile who has committed a8
sexual offense who is to be considered for probation shall be IS required9
as a part of the presentence or probation investigation required pursuant10
to section 16-11-102, to submit to an evaluation for treatment, an11
evaluation for risk, procedures required for monitoring of behavior to12
protect victims and potential victims, and an identification developed13
pursuant to section 16-11.7-103 (4).14
SECTION 5. In Colorado Revised Statutes, 16-11.7-105, amend15
(2); and add (1.5), (1.6), and (3) as follows:16
16-11.7-105. Sentencing of sex offenders - treatment based17
upon evaluation and identification required - subcommittee created.18
(1.5) (a) T
HE DEPARTMENT OF CORRECTIONS SHALL IDENTIFY ALL
19
INMATES WHO ARE CLASSIFIED TO UNDERGO TREATMENT , ARE ELIGIBLE TO20
RECEIVE TREATMENT PURSUANT TO THE DEPARTMENT OF CORRECTIONS '21
POLICY, AND HAVE NOT BEEN PROVIDED WITH THE OPPORTUNITY TO22
UNDERGO TREATMENT WHILE INCARCERATED . FOR EACH INMATE, THE23
DEPARTMENT OF CORRECTIONS SHALL PROVIDE THE FOLLOWING DATA TO24
THE BOARD ON OR BEFORE JULY 31, 2023:25
(I) T
HE INMATE'S DEPARTMENT OF CORRECTIONS IDENTIFICATION
26
NUMBER;27
164
-9- (II) THE DATE OF THE INMATE 'S SENTENCE, THE CRIME OF1
CONVICTION, AND LENGTH OF THE SENTENCE , INCLUDING LENGTH OF2
PAROLE;3
(III) W
HETHER THE SENTENCE TO THE DEPARTMENT OF
4
CORRECTIONS WAS A RESULT OF A PAROLE REVOCATION ;5
(IV) T
HE DATE THE INMATE WAS PLACED ON THE GLOBAL
6
REFERRAL LIST AS ESTABLISHED BY THE DEPARTMENT OF CORRECTIONS ;7
(V) T
HE ACTUAL OR PROJECTED PAROLE ELIGIBILITY DATE AND
8
MANDATORY RELEASE DATE , AS OF JULY 31, 2023, AS WELL AS, IF9
APPLICABLE, WHETHER THE INMATE IS ENROLLED IN OR HAS PARTICIPATED10
IN TRACK I OR TRACK II TREATMENT, OR WHETHER THE INMATE HAS BEEN11
PLACED IN THE MAINTENANCE PHASE ; AND12
(VI) T
HE DEPARTMENT OF CORRECTIONS S5 QUALIFIER CODE FOR
13
THE INMATE, IF ANY.14
(b) T
HE DEPARTMENT OF CORRECTIONS SHALL FURTHER IDENTIFY ,
15
IN WRITING:16
(I) I
N THE AGGREGATE, VALIDATED STATIC RISK ASSESSMENT
17
SCORES OF THE INMATES DESCRIBED IN THIS SECTION , IF AVAILABLE,18
SEPARATELY IDENTIFYING THOSE SERVING INDETERMINATE AND19
DETERMINATE SENTENCES ;20
(II) T
HE TOTAL TREATMENT CAPACITY IN THE DEPARTMENT OF
21
CORRECTIONS AND, FOR EACH FACILITY PROVIDING SEX OFFENDER22
TREATMENT AND MONITORING PROGRAM TREATMENT SERVICES , THE23
TREATMENT PROGRAM CAPACITY AND THE PHASES OR TRACKS OF24
TREATMENT OFFERED;25
(III) T
HE NAMES OF ALL BOARD-APPROVED PROVIDERS EMPLOYED
26
BY OR CONTRACTING WITH THE DEPARTMENT OF CORRECTIONS , THE27
164
-10- AMOUNT OF TIME EACH PROVIDER OR CONTRACTOR HAS BEEN WORKING1
WITH THE DEPARTMENT OF CORRECTIONS , AND AT WHICH LOCATION EACH2
PROVIDER OR CONTRACTOR IS PROVIDING SERVICES EACH MONTH ;3
(IV) T
HE FREQUENCY OF SEX OFFENDER TREATMENT AND
4
MONITORING PROGRAM TREATMENT GROUPS AND THE FREQUENCY OF5
CANCELLATION OF SUCH GROUPS IN ALL FACILITIES ;6
(V) T
HE NUMBER OF OPEN POSITIONS FOR ANY SEX OFFENDER
7
TREATMENT AND MONITORING PROGRAM PROVIDERS , INCLUDING GROUP8
THERAPY POSITIONS, POLYGRAPH PROVIDERS, OR ANY OTHER POSITIONS9
NECESSARY TO OPERATE THE PROGRAM ; AND10
(VI) A
NY AND ALL EFFORTS MADE BY THE DEPARTMENT OF
11
CORRECTIONS IN THE PAST FIVE YEARS TO INCREASE THE CAPACITY OF THE12
SEX OFFENDER TREATMENT AND MONITORING PROGRAM , FILL AND13
MAINTAIN THE ALLOCATED FULL-TIME OR CONTRACT POSITIONS, AND ANY14
DATA AVAILABLE TO ADDRESS ANY HIRING CHALLENGES IDENTIFIED BY15
THE DEPARTMENT.16
(c) T
HE DEPARTMENT OF CORRECTIONS SHALL PROVIDE THIS DATA
17
TO THE BOARD PRIOR TO JULY 31, 2023. THE BOARD SHALL FORM A18
SUBCOMMITTEE WITH REPRESENTATIVES FROM THE BOARD , COMMUNITY19
SEX OFFENDER TREATMENT PROVIDERS , THE DEPARTMENT OF20
CORRECTIONS, THE DIVISION OF ADULT PAROLE IN THE DEPARTMENT OF21
CORRECTIONS, AND THE STATE PAROLE BOARD CREATED PURSUANT TO22
SECTION 17-2-201. THE PURPOSE OF THE SUBCOMMITTEE IS TO DEVELOP23
SOLUTIONS TO ADDRESS TREATMENT RESOURCES FOR SEX OFFENDERS WHO24
ARE INCARCERATED OR IN THE CUSTODY OF THE DEPARTMENT OF25
CORRECTIONS, INCLUDING A LEGAL AND EVIDENCE -BASED ANALYSIS OF26
INMATES WHO ARE REQUIRED TO PROGRESS IN TREATMENT IN THE27
164
-11- DEPARTMENT OF CORRECTIONS PRIOR TO ANY RELEASE PURSUANT TO1
SECTION 18-1.3-1006 AND THOSE WHO ARE CLASSIFIED BY THE2
DEPARTMENT OF CORRECTIONS AS AN INMATE WHO IS REQUIRED TO3
PARTICIPATE IN TREATMENT. THE SUBCOMMITTEE SHALL:4
(I) A
NALYZE THE DATA PROVIDED BY THE DEPARTMENT OF
5
CORRECTIONS AND PREPARE A COMPREHENSIVE REPORT ON THE CURRENT6
PRISON POPULATION TO IDENTIFY INMATES WHO ARE ELIGIBLE TO RECEIVE7
TREATMENT, WITH SPECIAL PRIORITY TOWARDS INMATES WHO ARE PAST8
PAROLE ELIGIBILITY DATE, HAVE NOT BEEN PROVIDED A TREATMENT9
OPPORTUNITY, AND REQUIRE TREATMENT TO MEET COMMUNITY10
CORRECTIONS OR PAROLE ELIGIBILITY REQUIREMENTS PURSUANT TO11
SECTION 18-1.3-301 (1)(f), 18-1.3-1006, AND 17-22.5-404 (4)(c)(II);12
(II) I
DENTIFY ALL BARRIERS THE DEPARTMENT OF CORRECTIONS
13
FACES IN PROVIDING TIMELY ACCESS TO TREATMENT TO INMATES WHO14
REQUIRE TREATMENT TO MEET PAROLE ELIGIBILITY REQUIREMENTS15
PURSUANT TO SECTIONS 18-1.3-1006 AND 17-22.5-404 (4)(c)(II) AND16
MAKE RECOMMENDATIONS FOR WORKABLE SOLUTIONS TO INCREASE17
TREATMENT ACCESS IN THE DEPARTMENT OF CORRECTIONS , INCLUDING18
EVIDENCE-BASED, VALIDATED PROJECTIONS DEVELOPED IN CONJUNCTION19
WITH THE DIVISION OF CRIMINAL JUSTICE EXPERTS IN PRISON POPULATION20
PROJECTIONS, FOR THE DECREASE IN BACKLOG THAT WOULD OCCUR WITH21
THE IMPLEMENTATION OF ANY SOLUTIONS ;22
(III) D
ETERMINE WHICH, IF ANY, STANDARDS ARE BARRIERS TO
23
PROVIDING TIMELY ACCESS TO TREATMENT AND MAKE24
RECOMMENDATIONS CONCERNING CHANGES OR EXCEPTIONS TO THE25
STANDARDS FOR SEX OFFENDERS INCARCERATED IN THE DEPARTMENT OF26
CORRECTIONS;27
164
-12- (IV) REVIEW AND CONSIDER REVISIONS TO THE DEPARTMENT OF1
CORRECTIONS POLICIES AND ADMINISTRATIVE REGULATIONS TO PREVENT2
UNNECESSARY BACKLOG IN MAKING TREATMENT ACCESSIBLE TO INMATES3
WHO REQUIRE TREATMENT TO MEET PAROLE ELIGIBILITY REQUIREMENTS ;4
(V) R
EVIEW THE CRITERIA ESTABLISHED PURSUANT TO SECTION
5
18-1.3-1009
AND MAKE REVISIONS TO POLICIES OF THE DEPARTMENT OF
6
CORRECTIONS AND ADMINISTRATIVE REGULATIONS TO PREVENT7
UNNECESSARY BACKLOG IN MAKING TREATMENT ACCESSIBLE TO INMATES8
WHO REQUIRE TREATMENT TO MEET PAROLE ELIGIBILITY REQUIREMENTS9
PURSUANT TO SECTION 18-1.3-1006;10
(VI) R
EVIEW PAROLE GUIDELINES FOR THOSE INMATES CLASSIFIED
11
AS SEX OFFENDERS WITH DETERMINATE SENTENCES ESTABLISHED12
PURSUANT TO SECTION 17-22.5-404 AND MAKE REVISIONS AS NECESSARY13
TO PREVENT UNNECESSARY BACKLOG IN MAKING TREATMENT ACCESSIBLE14
TO INMATES WHO REQUIRE TREATMENT TO MEET PAROLE ELIGIBILITY15
REQUIREMENTS;16
(VII) D
ETERMINE WHETHER ADDITIONAL TREATMENT PROVIDERS
17
WILL CONTRACT WITH THE DEPARTMENT OF CORRECTIONS TO PROVIDE18
EVALUATION OR TREATMENT SERVICES TO INCARCERATED INDIVIDUALS19
AND MAKE WORKABLE RECOMMENDATIONS CONCERNING HOW TO20
IMMEDIATELY INCREASE INMATE ACCESS TO THOSE APPROVED PROVIDERS ;21
(VIII) D
ETERMINE WHETHER INCREASED FUNDING OR ANY OTHER
22
RESOURCES COULD MAKE ACCESS TO TELEHEALTH TREATMENT VIABLE23
FOR INMATES AND THE AMOUNT OF INCREASED FUNDING OR RESOURCES24
NECESSARY TO ACCOMPLISH THIS GOAL ; AND25
(IX) I
N CONSIDERATION OF ANY EXISTING TREATMENT BACKLOG
26
AND OF FINITE TREATMENT RESOURCES , MAKE RECOMMENDATIONS FOR27
164
-13- PROCURING OR MAKING AVAILABLE SUFFICIENT TREATMENT RESOURCES1
WITHOUT NEGATIVELY IMPACTING PUBLIC SAFETY AND PROTECTION OF2
VICTIMS.3
(X) T
HE SUBCOMMITTEE CREATED IN SUBSECTION (1.5)(c) OF THIS
4
SECTION SHALL PRESENT ITS WRITTEN FINDINGS IN A REPORT AND5
PROPOSAL TO THE JUDICIARY COMMITTEES OF THE HOUSE OF6
REPRESENTATIVES AND THE SENATE , OR ANY SUCCESSOR COMMITTEES , ON7
OR BEFORE FEBRUARY 1, 2024. THE DEPARTMENT OF CORRECTIONS AND8
THE PAROLE BOARD SHALL COMMENT ON THE REPORT 'S FINDINGS AND9
RECOMMENDATIONS ON OR BEFORE MARCH 1, 2024.10
(2) For offenders who begin community supervision on or after11
August 10, 2016 THE EFFECTIVE DATE OF THIS SUBSECTION (2), AS12
AMENDED, the supervising agency of each adult sex offender and juvenile13
who has committed a sexual offense shall provide the offender with a14
choice of two appropriate treatment provider agencies staffed by15
approved providers unless the supervising agency documents in the file16
that, based upon the nature of the program offered, the needs of the17
offender, or the proximity of the appropriate treatment provider agency,18
fewer than two such agencies can meet the specific needs of the offender,19
ensure the safety of the public, and provide the supervising agency with20
reasonable access to the treatment provider agency and the offender21
during the course of treatment. ACCESS TO A COMPLETE LIST OF22
TREATMENT PROVIDERS WHO ARE APPROVED PURSUANT TO SECTION23
16-11.7-106
AND WHO HAVE THE EXPERTISE TO WORK WITH THE SPECIFIC
24
RISKS AND NEEDS OF THAT PARTICULAR OFFENDER . THE SUPERVISING25
AGENCY SHALL ALSO MAKE SPECIFIC RECOMMENDATIONS TO THE26
OFFENDER. WHEN MAKING A LIST OF REFERRALS , THE SUPERVISING27
164
-14- AGENCY SHALL CONSIDER THE INDIVIDUAL RISKS AND TREATMENT NEEDS1
OF THE PARTICULAR OFFENDER, ABILITY OF THE TREATMENT PROVIDER TO2
ACCEPT NEW CLIENTS, GEOGRAPHIC PROXIMITY OF THE PROVIDER , AND3
THE NATURE OF THE PROGRAMS , AND TAILOR REFERRALS TO THOSE4
CONSIDERATIONS AND ANY OTHER FACTOR RELEVANT TO THE TREATMENT5
NEEDS OF THE OFFENDER, CAPABILITY OF THE PROVIDER, AND SAFETY OF6
THE COMMUNITY. FOR AN OFFENDER WHO IS A PERSON WITH AN7
INTELLECTUAL AND DEVELOPMENTAL DISABILITY , AS DESCRIBED IN8
SECTION 25.5-10-202, THE SUPERVISING AGENCY SHALL REFER THAT9
OFFENDER TO A PROVIDER APPROVED BY THE SEX OFFENDER10
MANAGEMENT BOARD TO WORK WITH THAT POPULATION . FOR OFFENDERS11
WHO PREFER TO DO TREATMENT IN A LANGUAGE OTHER THAN ENGLISH,12
REFERRALS MUST BE OFFERED, WHEN POSSIBLE, TO PROVIDERS WHO ARE13
FLUENT IN THE TARGET LANGUAGE. Once selected, the treatment provider14
OR agency may not be changed by the offender without the approval of15
the community supervision team, the multidisciplinary team, or the court,16
EXCEPT THE OFFENDER MAY CHANGE THE TREATMENT PROVIDER OR17
AGENCY ONCE WITHIN NINETY DAYS OF THE COURT IMPOSING SENTENCE18
OR THE OFFENDER'S RELEASE ON PAROLE.19
(3) T
HE REQUIREMENTS OF SUBSECTION (2) OF THIS SECTION DO
20
NOT APPLY TO THE DIVISION OF YOUTH SERVICES BASED ON THE NATURE21
OF THE PROGRAM, THE COMPLEX NEEDS OF THE JUVENILES SERVED , AND22
THE PLACEMENTS AND APPROVED TREATMENT PROVIDERS AVAILABLE TO23
WORK WITH JUVENILES FROM THE DIVISION OF YOUTH SERVICES . THE24
DIVISION OF YOUTH SERVICES SHALL ASSIGN JUVENILES WHO HAVE25
COMMITTED A SEXUAL OFFENSE TO A TREATMENT PROVIDER BASED ON26
THE INDIVIDUAL RISKS AND NEEDS OF THE JUVENILE AND HAVE27
164
-15- PROCEDURES IN PLACE TO ALLOW FOR A JUVENILE OR FAMILY TO REQUEST1
A CHANGE IN TREATMENT PROVIDERS BASED ON RESPONSIVITY FACTORS .2
T
HE MULTIDISCIPLINARY TEAM FOR THE JUVENILE SHALL REVIEW ALL
3
REQUESTS FOR CHANGES IN TREATMENT PROVIDERS AND APPROVE4
REQUESTS IF THE MULTIDISCIPLINARY TEAM DETERMINES THE JUVENILE 'S5
RISKS, NEEDS, AND RESPONSIVITY FACTORS CAN BE BETTER SERVED BY AN6
ALTERNATE TREATMENT PROVIDER .7
SECTION 6. In Colorado Revised Statutes, 16-11.7-106, amend8
(2)(a) introductory portion, (2)(a)(I), and (2)(b); and add (1.5) and (8) as9
follows:10
16-11.7-106. Sex offender evaluation, treatment, and11
polygraph services - contracts with providers - placement on12
provider list - grievances - fund created - repeal.13
(1.5) N
OTWITHSTANDING THE PROVISIONS OF SUBSECTION (1) OF THIS
14
SECTION, THE DEPARTMENT OF CORRECTIONS MAY EMPLOY OR CONTRACT15
WITH AN INDIVIDUAL OR ENTITY TO PROVIDE SEX -OFFENDER-SPECIFIC16
EVALUATION, TREATMENT, OR POLYGRAPH SERVICES PURSUANT TO THIS17
ARTICLE 11.7 IF THE DIRECTOR OF THE PROGRAM IS AN APPROVED18
PROVIDER AND THE DEPARTMENT OPERATES A SEX OFFENDER TREATMENT19
AND MONITORING PROGRAM THAT CONFORMS WITH THE GUIDELINES AND20
STANDARDS DEVELOPED PURS UANT TO SECTION 16-11.7-103 AND THE21
EMPLOYEES AND CONTRACTORS ARE TRAINED TO COMPLY WITH THE22
STANDARDS OF THE CONFORMING PROGRAM .23
(a) A
NY INDIVIDUAL PROVIDING SEX -OFFENDER-SPECIFIC
24
EVALUATION OR TREATMENT MUST HAVE A BACCALAUREATE DEGREE OR25
ABOVE IN A BEHAVIORAL SCIENCE WITH TRAINING OR PROFESSIONAL26
EXPERIENCE IN COUNSELING OR THERAPY ; MUST HOLD A PROFESSIONAL27
164
-16- MENTAL HEALTH LICENSE OR BE APPROVED BY THE DEPARTMENT OF1
REGULATORY AGENCIES AS AN UNLICENSED PSYCHOTHERAPIST , CERTIFIED2
ADDICTION C OUNSELOR , LICENSED PROFESSIONAL COUNSELOR3
CANDIDATE, LICENSED MARRIAGE AND FAMILY THERAPIST CANDIDATE , OR4
PSYCHOLOGIST CANDIDATE ; OR CLINICAL SOCIAL WORKER.5
(b) A
NY POLYGRAPH EXAMINER MUST HAVE GRADUATED FROM AN
6
ACCREDITED AMERICAN POLYGRAPH ASSOCIATION SCHOOL AND HAVE A7
BACCALAUREATE DEGREE FROM A FOUR -YEAR INSTITUTION OF HIGHER8
EDUCATION. THE DEPARTMENT OF CORRECTIONS SHALL COMPLETE9
COMPLIANCE MONITORING OF CONTRACTED PROVIDERS AND POLYGRAPH10
EXAMINERS WHO ARE NOT APPROVED BY THE BOARD PURSUANT TO11
SUBSECTION (1) OF THIS SECTION ON AN ANNUAL BASIS.12
(c) I
N THE EVENT THAT A PROVIDER WHO CONTRACTED WITH THE
13
DEPARTMENT OF CORRECTIONS IS FOUND TO HAVE VIOLATED THE14
GUIDELINES AND STANDARDS DEVELOPED PURSUANT TO SECTION15
16-11.7-103,
THE DEPARTMENT OF CORRECTIONS SHALL TERMINATE THE
16
CONTRACT WITH THE PROVIDER .17
(d) T
HIS SUBSECTION (1.5) IS REPEALED, EFFECTIVE SEPTEMBER 1,
18
2028.
PRIOR TO REPEAL, THIS SUBSECTION (1.5) IS SCHEDULED FOR REVIEW
19
IN ACCORDANCE WITH SECTION 16-11.7-103 (6).20
(2) (a) The board shall develop an application and review process21
for treatment providers, evaluators, and polygraph examiners who provide22
services pursuant to this article ARTICLE 11.7 to adult sex offenders and23
to juveniles who have committed sexual offenses. The application and24
review process shall MUST allow providers to demonstrate that they are25
in compliance with the standards adopted pursuant to this article ARTICLE26
11.7. The application and review process shall consist CONSISTS of the27
164
-17- following three parts:1
(I) The board shall develop separate application and review2
processes for standards that apply to the criminal justice component, such3
as criminal history record checks, for evaluators, individual treatment4
providers, and polygraph examiners. Applications for the criminal justice5
components, including EXCLUDING fingerprints, shall MUST be submitted6
to the board. The board shall DIVISION OF CRIMINAL JUSTICE IN THE7
DEPARTMENT OF PUBLIC SAFETY SHALL WORK WITH A THIRD -PARTY8
VENDOR TO TAKE AND forward the fingerprints to the Colorado bureau of9
investigation for use in conducting a state criminal history record check10
and for transmittal to the federal bureau of investigation for a national11
criminal history record check. The board may use information obtained12
from the state and national criminal history record checks to determine an13
applicant's eligibility for placement on the approved provider list. The14
board shall be IS responsible for the implementation of the provisions of15
this subparagraph (I) THIS SUBSECTION (2)(a)(I).16
(b) After the process developed pursuant to paragraph (a) of this17
subsection (2) SUBSECTION (2)(a) OF THIS SECTION is established and18
providers have met all the criteria of the application and review process,19
the board may approve the provider. The board and the department of20
regulatory agencies shall jointly publish, at least annually, a list of21
approved providers. The board shall forward the list to the office of the22
state court administrator, the department of public safety, the department23
of human services, and the department of corrections. The board shall24
update and forward the list of approved providers as necessary.25
(8) S
UPERVISING OFFICERS SHALL FOLLOW THE GUIDELINES AND26
STANDARDS DEVELOPED PURSUANT TO THIS SECTION WHEN WORKING27
164
-18- WITH SEX OFFENDERS. AGENCIES EMPLOYING SUPERVISING OFFICERS1
SHALL COLLABORATE WITH THE BOARD TO DEVELOP PROCEDURES TO HOLD2
ACCOUNTABLE A SUPERVISING OFFICER WHO FAILS TO FOLLOW THE3
GUIDELINES AND STANDARDS .4
SECTION 7. In Colorado Revised Statutes, 18-1.3-101, amend5
(6) as follows:6
18-1.3-101. Pretrial diversion - appropriation - repeal.( 6) In7
a jurisdiction that receives state moneys for the creation or operation of8
diversion programs pursuant to this section, an individual accused of a9
sex offense as defined in section 18-1.3-1003 (5) is not eligible for10
pretrial diversion unless charges have been filed and, after the individual11
has had an opportunity to consult with counsel, the individual has12
completed a sex-offense-specific evaluation, which includes the use of a13
sex-offense-specific risk assessment instrument, conducted by an14
evaluator approved by the sex offender management board as required by15
section 16-11.7-103 (4). C.R.S. The district attorney may agree to place16
the individual in the diversion program established by the district attorney17
pursuant to this section if he or she finds that, based on the results of that18
evaluation and the other factors in subsection (3) of this section, the19
individual is appropriate for the program. Notwithstanding that a20
successfully completed diversion agreement does not constitute a history21
of sex offenses for purposes of sections 16-11.7-102 (2)(a)(II),22
16-11.7-102 (2)(a)(IV)(C), and 16-22-103 (2)(d), C.R.S., the information23
constituting the crimes charged and facts alleged shall be available for use24
by a court, district attorney, any law enforcement agency, or agency of the25
state judicial department, if otherwise permitted by law, in any subsequent26
criminal investigation, prosecution, risk or needs assessment evaluation,27
164
-19- sentencing hearing, or during a probation or parole supervision period.1
SECTION 8. In Colorado Revised Statutes, 17-22.5-404, amend2
(6)(b) as follows:3
17-22.5-404. Parole guidelines - definition. (6) (b) The state4
board of parole shall also determine whether a decision granting,5
revoking, or denying parole conformed with or departed from the6
administrative guidelines created pursuant to section 17-22.5-1077
SECTIONS 17-22.5-107 AND 16-11.7-103 (4)(m) and, if the decision was8
a departure from the guidelines, the reason for the departure. The data9
collected pursuant to this paragraph (b) SUBSECTION (6) are subject to the10
same victim protections descrbed in paragraph (a) of this subsection (6)11
SUBSECTION (4)(a) OF THIS SECTION.12
SECTION 9. In Colorado Revised Statutes, 24-34-104, repeal13
(24)(a)(XIII); and add (29)(a)(XVII) as follows:14
24-34-104. General assembly review of regulatory agencies15
and functions for repeal, continuation, or reestablishment - legislative16
declaration - repeal. (24) (a) The following agencies, functions, or both,17
are scheduled for repeal on September 1, 2023:18
(XIII) The sex offender management board created in section19
16-11.7-103.20
(29) (a) The following agencies, functions, or both, are scheduled21
for repeal on September 1, 2028:22
(XVII) T
HE SEX OFFENDER MANAGEMENT BOARD CREATED IN
23
SECTION 16-11.7-103.24
SECTION 10. Appropriation. (1) For the 2023-24 state fiscal25
year, $136,515 is appropriated to the department of public safety for use26
by the division of criminal justice. This appropriation is from the general27
164
-20- fund and is based on an assumption that the division will require an1
additional 1.6 FTE. To implement this act, the division may use this2
appropriation for sex offender supervision. 3
(2) For the 2023-24 state fiscal year, $36,494 is appropriated to4
the judicial department for use by courts administration. This5
appropriation is from the general fund and is based on an assumption that6
the division will require an additional 0.4 FTE. To implement this act, the7
division may use this appropriation for general courts administration.8
SECTION 11. Appropriation - adjustments to 2023 long bill.9
To implement this act, the general fund appropriation made in the annual10
general appropriation act for the 2023-24 state fiscal year to the judicial11
department for use by the probation and related services for probation12
programs is decreased by $114,477, and the related FTE is decreased by13
1.6 FTE.14
SECTION 12. Safety clause. The general assembly hereby finds,15
determines, and declares that this act is necessary for the immediate16
preservation of the public peace, health, or safety.17
164
-21-