Colorado 2023 Regular Session

Colorado Senate Bill SB164 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0318.01 Jane Ritter x4342
1	8		SENATE BILL 23-164
2		-	BY SENATOR(S) Gonzales and Gardner, Buckner, Coleman, Exum,
3		-	Fields, Hansen, Kolker, Lundeen, Pelton B., Priola, Rich, Smallwood;
4		-	also REPRESENTATIVE(S) Bacon and Weissman, Michaelson Jenet.
	9	+	Senate Committees House Committees
	10	+	Judiciary Judiciary
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
5	13		C
6		-	ONCERNING THE CONTINUATION OF THE SEX OFFENDER MANAGEMENT
7		-	BOARD
8		-	, AND, IN CONNECTION THEREWITH , IMPLEMENTING THE
9		-	RECOMMENDATIONS CONTAINED IN THE
10		-	2022 SUNSET REPORT BY THE
11		-	DEPARTMENT OF REGULATORY AGENCIES AND MAKING AN
12		-	APPROPRIATION
13		-	.
14		-
15		-	Be it enacted by the General Assembly of the State of Colorado:
	14	+	ONCERNING THE CONTINUATION OF THE SEX OFFENDER101
	15	+	MANAGEMENT BOARD , AND, IN CONNECTION THEREWITH ,102
	16	+	IMPLEMENTING THE RECOMMENDAT IONS CONTAINED IN THE103
	17	+	2022
	18	+	SUNSET REPORT BY THE DEPARTMENT OF REGULATORY104
	19	+	AGENCIES AND MAKING AN APPROPRIATION .
	20	+	105
	21	+	Bill Summary
	22	+	(Note: This summary applies to this bill as introduced and does
	23	+	not reflect any amendments that may be subsequently adopted. If this bill
	24	+	passes third reading in the house of introduction, a bill summary that
	25	+	applies to the reengrossed version of this bill will be available at
	26	+	http://leg.colorado.gov/
	27	+	.)
	28	+	Sunset Process - Senate Judiciary Committee. The bill
	29	+	implements the recommendations of the department of regulatory
	30	+	HOUSE
	31	+	3rd Reading Unamended
	32	+	May 7, 2023
	33	+	HOUSE
	34	+	Amended 2nd Reading
	35	+	May 6, 2023
	36	+	SENATE
	37	+	3rd Reading Unamended
	38	+	April 25, 2023
	39	+	SENATE
	40	+	Amended 2nd Reading
	41	+	April 24, 2023
	42	+	SENATE SPONSORSHIP
	43	+	Gonzales and Gardner, Buckner, Coleman, Exum, Fields, Hansen, Kolker, Lundeen,
	44	+	Pelton B., Priola, Rich, Smallwood
	45	+	HOUSE SPONSORSHIP
	46	+	Bacon and Weissman, Michaelson Jenet
	47	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	48	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	49	+	Dashes through the words or numbers indicate deletions from existing law. agencies' sunset review and report on the sex offender management board
	50	+	(board) by:
	51	+	! Continuing the board for 7 years;
	52	+	! Clarifying that supervising officers are required to follow
	53	+	guidelines and standards and directing agencies that
	54	+	employ supervising officers to collaborate with the board
	55	+	to hold accountable those who fail to do so;
	56	+	! Repealing the limitation on the number of treatment
	57	+	providers given to offenders when choosing a provider;
	58	+	! Requiring standards compliance reviews on at least 10% of
	59	+	providers every 2 years;
	60	+	! Updating language concerning fingerprints to reflect
	61	+	current practice; and
	62	+	! Relieving the department of regulatory agencies of its
	63	+	responsibility to publish a list, together with the board, of
	64	+	approved treatment providers.
	65	+	Be it enacted by the General Assembly of the State of Colorado:1
16	66		SECTION 1. In Colorado Revised Statutes, 16-11-102, amend
17		-	(1)(b)(I) introductory portion as follows:
18		-	16-11-102. Presentence or probation investigation. (1)
19		-	(b) (I) Each presentence report prepared regarding a sex offender, as
20		-	defined in section 16-11.7-102 (2)
21		-	SECTION 16-11.7-102 (2)(a)(I) TO
22		-	(2)(a)(III), OR IF REQUESTED BY THE PROSECUTING ATTORNEY OR COURT FOR
23		-	A PERSON WHO MAY BE DETERMINED TO BE A SEX OFFENDER BASED UPON A
24		-	PRIOR OFFENSE PURSUANT TO SECTION
25		-	16-11.7-102 (2)(a)(IV), with respect
26		-	to any offense committed on or after January 1, 1996, shall MUST contain
27		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
28		-	officers and the Governor. To determine whether the Governor has signed the bill
29		-	or taken other action on it, please consult the legislative status sheet, the legislative
30		-	history, or the Session Laws.
31		-	________
32		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
33		-	through words or numbers indicate deletions from existing law and such material is not part of
34		-	the act. the results of an evaluation and identification conducted pursuant to article
35		-	11.7 of this title TITLE 16; except that:
36		-	SECTION 2. In Colorado Revised Statutes, 16-11.7-102, amend
37		-	(1), (1.5), and (2)(a) as follows:
38		-	16-11.7-102. Definitions. As used in this article 11.7, unless the
39		-	context otherwise requires:
40		-	(1) "Adult sex offender" means a person who has been convicted,
41		-	as described in subparagraphs (I) to (III) of paragraph (a) of subsection (2)
42		-	SUBSECTION (2)(a)(I), (2)(a)(II), OR (2)(a)(IV) of this section, of a sex
	67	+	2
	68	+	(1)(b)(I) introductory portion as follows:3
	69	+	16-11-102. Presentence or probation investigation. (1)4
	70	+	(b) (I) Each presentence report prepared regarding a sex offender, as5
	71	+	defined in section 16-11.7-102 (2) SECTION 16-11.7-102 (2)(a)(I) TO6
	72	+	(2)(a)(III),
	73	+	OR IF REQUESTED BY THE PROSECUTING ATTORNEY OR COURT
	74	+	7
	75	+	FOR A PERSON WHO MAY BE DETERMINED TO BE A SEX OFFENDER BASED8
	76	+	UPON A PRIOR OFFENSE PURSUANT TO SECTION 16-11.7-102 (2)(a)(IV),9
	77	+	with respect to any offense committed on or after January 1, 1996, shall10
	78	+	MUST contain the results of an evaluation and identification conducted11
	79	+	pursuant to article 11.7 of this title TITLE 16; except that:12
	80	+	SECTION 2. In Colorado Revised Statutes, 16-11.7-102, amend13
	81	+	(1), (1.5), and (2)(a) as follows:14
	82	+	16-11.7-102. Definitions. As used in this article 11.7, unless the15
	83	+	context otherwise requires:16
	84	+	164-2- (1) "Adult sex offender" means a person who has been convicted,1
	85	+	as described in subparagraphs (I) to (III) of paragraph (a) of subsection2
	86	+	(2) SUBSECTION (2)(a)(I), (2)(a)(II), OR (2)(a)(IV) of this section, of a sex3
43	87		offense,
44	88		BUT DOES NOT INCLUDE A PERSON WHO MEETS THE DEFINITION OF
45		-	A
46		-	"JUVENILE WHO HAS COMMITTED A SEXUAL OFFENSE ", AS DEFINED IN
47		-	SUBSECTION
48		-	(1.5) OF THIS SECTION, UNLESS THE PERSON HAS ALSO BEEN
49		-	CONVICTED OF A SEX OFFENSE COMMITTED ON OR AFTER THE DAY THE
50		-	PERSON ATTAINED EIGHTEEN YEARS OF AGE OR WHO IS SENTENCED FOR A
51		-	SEX OFFENSE ON OR AFTER THE PERSON ATTAINED TWENTY
52		-	-ONE YEARS OF
53		-	AGE
54		-	.
55		-	(1.5) "Juvenile who has committed a sexual offense" means a
	89	+	4
	90	+	A "JUVENILE WHO HAS COMMITTED A SEXUAL OFFENSE ", AS DEFINED IN5
	91	+	SUBSECTION (1.5) OF THIS SECTION, UNLESS THE PERSON HAS ALSO BEEN6
	92	+	CONVICTED OF A SEX OFFENSE COMMITTED ON OR AFTER THE DAY THE7
	93	+	PERSON ATTAINED EIGHTEEN YEARS OF AGE OR WHO IS SENTENCED FOR A8
	94	+	SEX OFFENSE ON OR AFTER THE PERSON ATTAINED TWENTY -ONE YEARS OF9
	95	+	AGE.10
	96	+	(1.5) "Juvenile who has committed a sexual offense" means a11
56	97		juvenile who
57		-	WAS LESS THAN EIGHTEEN YEARS OF AGE AT THE TIME OF THE
58		-	SEX OFFENSE AND WHO
59		-	has been adjudicated as a juvenile or who receives
60		-	a deferred adjudication
61		-	OR WHO IS SENTENCED PRIOR TO ATTAINING
62		-	TWENTY
63		-	-ONE YEARS OF AGE AFTER BEING CRIMINALLY CONVICTED IN THE
64		-	DISTRICT COURT PURSUANT TO SECTION
65		-	19-2-517 OR 19-2-518 on or after
66		-	July 1, 2002,
67		-	OR SECTION 19-2.5-801 OR 19-2.5-802, ON OR AFTER OCTOBER
68		-	1, 2021, for an offense that would constitute a sex offense, as defined in
69		-	subsection (3) of this section, if committed as an adult, or a juvenile who
70		-	has committed any offense, the underlying factual basis of which involves
71		-	a sex offense.
72		-	(2) (a) "Sex offender" means any person who is:
73		-	(I) Convicted in the state of Colorado, on or after January 1, 1994,
74		-	of any sex offense as defined in subsection (3) of this section; or
75		-	(II) Convicted in the state of Colorado on or after January 1, 1994,
76		-	of any criminal offense, if such person has previously been convicted of a
77		-	sex offense as described in subsection (3) of this section in the state of
78		-	PAGE 2-SENATE BILL 23-164 Colorado, or if such person has previously been convicted in any other
79		-	jurisdiction of any offense that would constitute a sex offense as defined in
80		-	subsection (3) of this section, or if such person has a history of any sex
81		-	offenses as defined in subsection (3) of this section; or
82		-	(III) (II) Convicted in the state of Colorado on or after July 1, 2000,
83		-	of any criminal offense, the underlying factual basis of which involves a sex
84		-	offense; or
85		-	(IV) (III) A juvenile who has committed a sexual offense; OR
86		-	(IV) A PERSON WHO:
	98	+	WAS LESS THAN EIGHTEEN YEARS OF AGE AT THE TIME OF
	99	+	12
	100	+	THE SEX OFFENSE AND WHO has been adjudicated as a juvenile or who13
	101	+	receives a deferred adjudication
	102	+	OR WHO IS SENTENCED PRIOR TO
	103	+	14
	104	+	ATTAINING TWENTY-ONE YEARS OF AGE AFTER BEING CRIMINALLY15
	105	+	CONVICTED IN THE DISTRICT COURT PURS UANT TO SECTION 19-2-517 OR16
	106	+	19-2-518 on or after July 1, 2002,
	107	+	OR SECTION 19-2.5-801 OR 19-2.5-802,
	108	+	17
	109	+	ON OR AFTER OCTOBER 1, 2021, for an offense that would constitute a sex18
	110	+	offense, as defined in subsection (3) of this section, if committed as an19
	111	+	adult, or a juvenile who has committed any offense, the underlying factual20
	112	+	basis of which involves a sex offense.21
	113	+	(2) (a) "Sex offender" means any person who is:22
	114	+	(I) Convicted in the state of Colorado, on or after January 1, 1994,23
	115	+	of any sex offense as defined in subsection (3) of this section; or24
	116	+	(II) Convicted in the state of Colorado on or after January 1, 1994,25
	117	+	of any criminal offense, if such person has previously been convicted of26
	118	+	a sex offense as described in subsection (3) of this section in the state of27
	119	+	164
	120	+	-3- Colorado, or if such person has previously been convicted in any other1
	121	+	jurisdiction of any offense that would constitute a sex offense as defined2
	122	+	in subsection (3) of this section, or if such person has a history of any sex3
	123	+	offenses as defined in subsection (3) of this section; or4
	124	+	(III) (II) Convicted in the state of Colorado on or after July 1,5
	125	+	2000, of any criminal offense, the underlying factual basis of which6
	126	+	involves a sex offense; or7
	127	+	(IV) (III) A juvenile who has committed a sexual offense; OR8
	128	+	(IV) A
	129	+	PERSON WHO:
	130	+	9
87	131		(A) W
88		-	AS EVALUATED BECAUSE OF A DISCRETIONARY REQUEST BY A
89		-	PROSECUTING ATTORNEY OR COURT PURSUANT TO SECTION
90		-	16-11-102; AND
91		-	(B) A COURT DETERMINES SHOULD UNDERGO SEX OFFENDER
92		-	TREATMENT BASED UPON THE RECOMMENDATIONS OF THE EVALUATION AND
93		-	IDENTIFICATION PURSUANT TO SECTION
94		-	16-11.7-104; AND
95		-	(C) IS CONVICTED IN THE STATE OF COLORADO ON OR AFTER
96		-	JANUARY 1, 1994, OF ANY CRIMINAL OFFENSE AND , IF THE PERSON HAS
97		-	PREVIOUSLY BEEN CONVICTED OF A SEX OFFENSE AS DEFINED IN SUBSECTION
98		-	(3) OF THIS SECTION, IN THE STATE OF COLORADO; OR IF THE PERSON HAS
99		-	PREVIOUSLY BEEN CONVICTED IN ANY OTHER JURISDICTION OF ANY OFFENSE
100		-	THAT WOULD CONSTITUTE A SEX OFFENSE AS DEFINED IN SUBSECTION
101		-	(3) OF
102		-	THIS SECTION
103		-	; OR IF THE PERSON HAS A HISTORY OF ANY SEX OFFENSES AS
104		-	DEFINED IN SUBSECTION
105		-	(3) OF THIS SECTION.
106		-	SECTION 3. In Colorado Revised Statutes, 16-11.7-103, amend
107		-	(4)(b)(I), (4)(j)(I), and (6); and add (4)(h.5) and (4)(m) as follows:
108		-	16-11.7-103. Sex offender management board - creation - duties
109		-	- repeal. (4) Duties of the board. The board shall carry out the following
110		-	duties:
111		-	(b) Guidelines and standards for treatment of adult offenders.
112		-	(I) The board shall develop, implement, and revise, as appropriate,
113		-	guidelines and standards to treat adult sex offenders, including adult sex
114		-	offenders with intellectual and developmental disabilities, incorporating in
115		-	PAGE 3-SENATE BILL 23-164 the guidelines and standards the concepts of the risk-need-responsivity or
116		-	another evidence-based correctional model, which guidelines and standards
117		-	can be used in the treatment of offenders who are placed on probation,
118		-	incarcerated with the department of corrections, placed on parole, or placed
119		-	in community corrections. Programs implemented pursuant to the guidelines
120		-	and standards developed pursuant to this subsection (4)(b) must be as
121		-	flexible as possible so that the programs may be accessed by each adult sex
122		-	offender to prevent the offender from harming victims and potential
123		-	victims. Programs must include a continuing monitoring process and a
124		-	continuum of treatment options available to an adult sex offender as he or
125		-	she THE OFFENDER proceeds through the criminal justice system. Treatment
126		-	options must be determined by a current risk assessment and evaluation and
127		-	may include, but need not be limited to, group counseling, individual
128		-	counseling, family counseling, outpatient treatment, inpatient treatment,
129		-	shared living arrangements, or treatment in a therapeutic community.
130		-	Programs implemented pursuant to the guidelines and standards developed
131		-	pursuant to this subsection (4)(b) must, to the extent possible, be accessible
132		-	to all adult sex offenders in the criminal justice system, including those
	132	+	AS EVALUATED BECAUSE OF A DISCRETIONARY REQUEST BY
	133	+	10
	134	+	A PROSECUTING ATTORNEY OR COURT PURSUANT TO SECTION 16-11-102;11
	135	+	AND12
	136	+	(B) A
	137	+	COURT DETERMINES SHOULD UNDERGO SEX OFFENDER
	138	+	13
	139	+	TREATMENT BASED UPON THE RECOMMENDATIONS OF THE EVALUATION14
	140	+	AND IDENTIFICATION PURSUANT TO SECTION 16-11.7-104; AND15
	141	+	(C) I
	142	+	S CONVICTED IN THE STATE OF COLORADO ON OR AFTER
	143	+	16
	144	+	J
	145	+	ANUARY 1, 1994, OF ANY CRIMINAL OFFENSE AND, IF THE PERSON HAS
	146	+	17
	147	+	PREVIOUSLY BEEN CONVICTED OF A SEX OFFENSE AS DEFINED IN18
	148	+	SUBSECTION (3) OF THIS SECTION, IN THE STATE OF COLORADO; OR IF THE19
	149	+	PERSON HAS PREVIOUSLY BEEN CONVICTED IN ANY OTHER JURISDICTION20
	150	+	OF ANY OFFENSE THAT WOULD CONSTITUTE A SEX OFFENSE AS DEFINED IN21
	151	+	SUBSECTION (3) OF THIS SECTION; OR IF THE PERSON HAS A HISTORY OF22
	152	+	ANY SEX OFFENSES AS DEFINED IN SUBSECTION (3) OF THIS SECTION.23
	153	+	SECTION 3. In Colorado Revised Statutes, 16-11.7-103, amend24
	154	+	(4)(b)(I), (4)(j)(I), (4)(m), and (6); and add (4)(h.5) as follows:25
	155	+	16-11.7-103. Sex offender management board - creation -26
	156	+	duties - repeal. (4) Duties of the board. The board shall carry out the27
	157	+	164
	158	+	-4- following duties:1
	159	+	(b) Guidelines and standards for treatment of adult offenders.2
	160	+	(I) The board shall develop, implement, and revise, as appropriate,3
	161	+	guidelines and standards to treat adult sex offenders, including adult sex4
	162	+	offenders with intellectual and developmental disabilities, incorporating5
	163	+	in the guidelines and standards the concepts of the risk-need-responsivity6
	164	+	or another evidence-based correctional model, which guidelines and7
	165	+	standards can be used in the treatment of offenders who are placed on8
	166	+	probation, incarcerated with the department of corrections, placed on9
	167	+	parole, or placed in community corrections. Programs implemented10
	168	+	pursuant to the guidelines and standards developed pursuant to this11
	169	+	subsection (4)(b) must be as flexible as possible so that the programs may12
	170	+	be accessed by each adult sex offender to prevent the offender from13
	171	+	harming victims and potential victims. Programs must include a14
	172	+	continuing monitoring process and a continuum of treatment options15
	173	+	available to an adult sex offender as he or she THE OFFENDER proceeds16
	174	+	through the criminal justice system. Treatment options must be17
	175	+	determined by a current risk assessment and evaluation and may include,18
	176	+	but need not be limited to, group counseling, individual counseling,19
	177	+	family counseling, outpatient treatment, inpatient treatment, shared living20
	178	+	arrangements, or treatment in a therapeutic community. Programs21
	179	+	implemented pursuant to the guidelines and standards developed pursuant22
	180	+	to this subsection (4)(b) must, to the extent possible, be accessible to all23
	181	+	adult sex offenders in the criminal justice system, including those24
133	182		offenders with behavioral, mental health, and co-occurring disorders
134	183		AND
135		-	MUST ENSURE
136		-	, TO THE EXTENT POSSIBLE, THAT TREATMENT IS RESPONSIVE
137		-	TO THE AGE AND DEVELOPMENTAL STATUS OF THE OFFENDER AT THE TIME
138		-	OF TREATMENT
139		-	, AS WELL AS THE LINGUISTIC, CULTURAL, RELIGIOUS, AND
140		-	RACIAL CHARACTERISTICS
141		-	; SEXUAL ORIENTATION, AS DEFINED IN SECTION
142		-	24-34-301; GENDER IDENTITY, AS DEFINED IN SECTION 24-34-301; AND
143		-	GENDER EXPRESSION
144		-	, AS DEFINED IN SECTION 24-34-301, OF THE OFFENDERS
145		-	SERVED
146		-	. The procedures for evaluation, identification, treatment, and
147		-	monitoring developed pursuant to this subsection (4) must be implemented
148		-	only to the extent that money is available in the sex offender surcharge fund
149		-	created in section 18-21-103 (3).
	184	+	25
	185	+	MUST ENSURE, TO THE EXTENT POSSIBLE, THAT TREATMENT IS RESPONSIVE26
	186	+	TO THE AGE AND DEVELOPMENTAL STATUS OF THE OFFENDER AT THE TIME27
	187	+	164
	188	+	-5- OF TREATMENT, AS WELL AS THE LINGUISTIC, CULTURAL, RELIGIOUS, AND1
	189	+	RACIAL CHARACTERISTICS; SEXUAL ORIENTATION, AS DEFINED IN SECTION2
	190	+	24-34-301;
	191	+	GENDER IDENTITY, AS DEFINED IN SECTION 24-34-301; AND
	192	+	3
	193	+	GENDER EXPRESSION, AS DEFINED IN SECTION 24-34-301, OF THE4
	194	+	OFFENDERS SERVED. The procedures for evaluation, identification,5
	195	+	treatment, and monitoring developed pursuant to this subsection (4) must6
	196	+	be implemented only to the extent that money is available in the sex7
	197	+	offender surcharge fund created in section 18-21-103 (3).8
150	198		(h.5) Compliance reviews of treatment providers. B
151		-	~~EGINNING~~
152		-	~~SEPTEMBER 1, 2024, AND EVERY TWO YEARS THEREAFTER , THE BOARD~~
153		-	~~SHALL PERFORM A COMPLIANCE REVIEW OF AT LEAST TEN PERCENT OF~~
154		-	~~TREATMENT PROVIDERS~~
155		-	.
	199	+	EGINNING9
	200	+	S
	201	+	EPTEMBER 1, 2024, AND EVERY TWO YEARS THEREAFTER , THE BOARD10
	202	+	SHALL PERFORM A COMPLIANCE REVIEW OF AT LEAST TEN PERCENT OF11
	203	+	TREATMENT PROVIDERS.12
156	204		(j) (I) Guidelines and standards for treatment of juveniles who
157		-	have committed a sexual offense. The board shall develop, implement, and
158		-	revise, as appropriate, guidelines and standards to treat juveniles who have
159		-	committed
	205	+	13
	206	+	have committed a sexual offense. The board shall develop, implement,14
	207	+	and revise, as appropriate, guidelines and standards to treat juveniles who15
	208	+	have committed
160	209		A sexual offenses
161		-	OFFENSE, including juveniles with intellectual
162		-	and developmental disabilities, incorporating in the guidelines and
163		-	PAGE 4-SENATE BILL 23-164 standards the concepts of the risk-need-responsivity or another
164		-	evidence-based correctional model, which guidelines and standards may be
165		-	used for juvenile offenders
166		-	JUVENILES who are placed on probation,
	210	+	OFFENSE, including juveniles with16
	211	+	intellectual and developmental disabilities, incorporating in the guidelines17
	212	+	and standards the concepts of the risk-need-responsivity or another18
	213	+	evidence-based correctional model, which guidelines and standards may19
	214	+	be used for juvenile offenders JUVENILES who are placed on probation,20
167	215		committed to the department of human services,
168	216		SENTENCED TO
169		-	COMMUNITY CORRECTIONS
170		-	, SENTENCED TO THE DEPARTMENT OF
171		-	CORRECTIONS
172		-	, placed on parole, or placed in out-of-home placement.
173		-	Programs implemented pursuant to the guidelines and standards developed
174		-	pursuant to this subsection (4)(j) must be as flexible as possible so that the
175		-	programs may be accessed by each juvenile offender
176		-	to prevent him or her
177		-	THE JUVENILE from harming victims and potential victims. Programs must
178		-	provide a continuing monitoring process and a continuum of treatment
179		-	options available to
180		-	AS a juvenile offender as he or she proceeds through the
181		-	juvenile
182		-	OR CRIMINAL justice system. Treatment options may include, but
183		-	need not be limited to, group counseling, individual counseling, family
184		-	counseling, outpatient treatment, inpatient treatment, shared living
185		-	arrangements, and treatment in a therapeutic community. Programs
186		-	implemented pursuant to the guidelines and standards developed pursuant
187		-	to this subsection (4)(j) must be, to the extent possible, accessible to all
188		-	juveniles who have committed sexual offenses and who are in the juvenile
189		-	OR CRIMINAL justice system, including juveniles with behavioral, mental
190		-	health, or co-occurring disorders
191		-	AND MUST ENSURE, TO THE EXTENT
192		-	POSSIBLE
193		-	, THAT TREATMENT IS RESPONSIVE TO THE AGE AND
194		-	DEVELOPMENTAL STATUS OF THE JUVENILE AT THE TIME OF TREATMENT
195		-	, AS
196		-	WELL AS THE LINGUISTIC
197		-	, CULTURAL, RELIGIOUS, AND RACIAL
198		-	CHARACTERISTICS
199		-	; SEXUAL ORIENTATION , AS DEFINED IN SECTION
200		-	24-34-301; GENDER IDENTITY, AS DEFINED IN SECTION 24-34-301; AND
201		-	GENDER EXPRESSION
202		-	, AS DEFINED IN SECTION 24-34-301, OF THE JUVENILES
203		-	SERVED
204		-	.
205		-	(m) Release guideline instrument for sex offenders with
	217	+	21
	218	+	COMMUNITY CORRECTIONS , SENTENCED TO THE DEPARTMENT OF22
	219	+	CORRECTIONS, placed on parole, or placed in out-of-home placement.23
	220	+	Programs implemented pursuant to the guidelines and standards24
	221	+	developed pursuant to this subsection (4)(j) must be as flexible as25
	222	+	possible so that the programs may be accessed by each juvenile offender26
	223	+	to prevent him or her THE JUVENILE from harming victims and potential27
	224	+	164
	225	+	-6- victims. Programs must provide a continuing monitoring process and a1
	226	+	continuum of treatment options available to AS a juvenile offender as he2
	227	+	or she proceeds through the juvenile OR CRIMINAL justice system.3
	228	+	Treatment options may include, but need not be limited to, group4
	229	+	counseling, individual counseling, family counseling, outpatient5
	230	+	treatment, inpatient treatment, shared living arrangements, and treatment6
	231	+	in a therapeutic community. Programs implemented pursuant to the7
	232	+	guidelines and standards developed pursuant to this subsection (4)(j) must8
	233	+	be, to the extent possible, accessible to all juveniles who have committed9
	234	+	sexual offenses and who are in the juvenile
	235	+	OR CRIMINAL justice system,
	236	+	10
	237	+	including juveniles with behavioral, mental health, or co-occurring11
	238	+	disorders
	239	+	AND MUST ENSURE, TO THE EXTENT POSSIBLE, THAT TREATMENT
	240	+	12
	241	+	IS RESPONSIVE TO THE AGE AND DEVELOPMENTAL STATUS OF THE13
	242	+	JUVENILE AT THE TIME OF TREATMENT , AS WELL AS THE LINGUISTIC,14
	243	+	CULTURAL, RELIGIOUS, AND RACIAL CHARACTERISTICS ; SEXUAL15
	244	+	ORIENTATION, AS DEFINED IN SECTION 24-34-301; GENDER IDENTITY, AS16
	245	+	DEFINED IN SECTION 24-34-301; AND GENDER EXPRESSION, AS DEFINED IN17
	246	+	SECTION 24-34-301, OF THE JUVENILES SERVED.18
	247	+	(m) Release guideline instrument for sex offenders with19
206	248		determinate sentences. (I)
207	249		ON OR BEFORE DECEMBER 1, 2023, AND AS
208		-	INDICATED THEREAFTER
209		-	, THE BOARD, IN COLLABORATION WITH THE STATE
210		-	BOARD OF PAROLE
211		-	, SHALL REVISE THE SPECIFIC SEX OFFENDER RELEASE
212		-	GUIDELINE INSTRUMENT
213		-	, AS REQUIRED BY SECTION 17-22.5-404 (4)(c)(II),
214		-	FOR USE BY THE STATE BOARD OF PAROLE FOR THOSE INMATES CLASSIFIED
215		-	AS SEX OFFENDERS WITH DETERMINATE SENTENCES
216		-	. THE REVISED RELEASE
217		-	GUIDELINE INSTRUMENT MUST INCORPORATE THE CONCEPTS OF
218		-	RISK
219		-	-NEED-RESPONSIVITY OR ANOTHER EVIDENCE -BASED CORRECTIONAL
220		-	MODEL AND MUST BE AS FLEXIBLE AS POSSIBLE TO ENSURE THAT THE
221		-	PROGRAMS NECESSARY CAN BE TIMELY ACCESSED BY THE ADULT SEX
222		-	PAGE 5-SENATE BILL 23-164 OFFENDER TO PREVENT THE OFFENDER FROM HARMING VICTIMS OR
223		-	POTENTIAL VICTIMS
224		-	. THE REVISED RELEASE GUIDELINE INSTRUMENT MUST
225		-	CONSIDER THE INTERSECTION OF THE GUIDELINE INSTRUMENT WITH THE
226		-	FACTORS OUTLINED IN SECTION
227		-	17-22.5-404 (4)(a); HOWEVER, THE RELEASE
228		-	GUIDELINE INSTRUMENT MUST NOT INCLUDE THE OFFENDER
229		-	'S INABILITY TO
230		-	ACCESS TREATMENT DURING INCARCERATION
231		-	, WHEN DETERMINED TO BE
232		-	ELIGIBLE FOR TREATMENT WITHIN THE DEPARTMENT OF CORRECTIONS
233		-	, AS A
234		-	BASIS FOR DENIAL OF PAROLE
235		-	.
	250	+	20
	251	+	INDICATED THEREAFTER, THE BOARD, IN COLLABORATION WITH THE STATE21
	252	+	BOARD OF PAROLE, SHALL REVISE THE SPECIFIC SEX OFFENDER RELEASE22
	253	+	GUIDELINE INSTRUMENT, AS REQUIRED BY SECTION 17-22.5-404 (4)(c)(II),23
	254	+	FOR USE BY THE STATE BOARD OF PAROLE FOR THOSE INMATES CLASSIFIED24
	255	+	AS SEX OFFENDERS WITH DETERMINATE SENTENCES . THE REVISED25
	256	+	RELEASE GUIDELINE INSTRUMENT MUST INCORPORATE THE CONCEPTS OF26
	257	+	RISK-NEED-RESPONSIVITY OR ANOTHER EVIDENCE -BASED CORRECTIONAL27
	258	+	164
	259	+	-7- MODEL AND MUST BE AS FLEXIBLE AS POSSIBLE TO ENSURE THAT THE1
	260	+	PROGRAMS NECESSARY CAN BE TIMELY ACCESSED BY THE ADULT SEX2
	261	+	OFFENDER TO PREVENT THE OFFENDER FROM HARMING VICTIMS OR3
	262	+	POTENTIAL VICTIMS. THE REVISED RELEASE GUIDELINE INSTRUMENT MUST4
	263	+	CONSIDER THE INTERSECTION OF THE GUIDELINE INSTRUMENT WITH THE5
	264	+	FACTORS OUTLINED IN SECTION 17-22.5-404 (4)(a); HOWEVER, THE6
	265	+	RELEASE GUIDELINE INSTRUMENT MUST NOT INCLUDE THE OFFENDER 'S7
	266	+	INABILITY TO ACCESS TREATMENT DURING INCARCERATION , WHEN8
	267	+	DETERMINED TO BE ELIGIBLE FOR TREATMENT WITHIN THE DEPARTMENT9
	268	+	OF CORRECTIONS, AS A BASIS FOR DENIAL OF PAROLE.10
236	269		(II) I
237		-	N DEVELOPING THE REVISED RELEASE GUIDELINE ~~INSTRUMENT ,~~
238		-	~~THE BOARDS SHALL CONSIDER CURRENT RESEARCH , INFORMATION, AND~~
239		-	~~DATA REGARDING~~
240		-	:
	270	+	N DEVELOPING THE REVISED RELEASE GUIDELINE
	271	+	11
	272	+	INSTRUMENT, THE BOARDS SHALL CONSIDER CURRENT RESEARCH ,12
	273	+	INFORMATION, AND DATA REGARDING:13
241	274		(A) F
242		-	ACTORS CONSISTENT WITH THE OFFENDER 'S INDIVIDUAL STATIC
243		-	AND DYNAMIC RISK AND WHETHER PARTICIPATION IN TREATMENT WHILE
244		-	INCARCERATED WILL SIGNIFICANTLY REDUCE THE RISK PRIOR TO RELEASE
245		-	;
	275	+	ACTORS CONSISTENT WITH THE OFFENDER 'S INDIVIDUAL
	276	+	14
	277	+	STATIC AND DYNAMIC RISK AND WHETHER PARTICIPATION IN TREATMENT15
	278	+	WHILE INCARCERATED WILL SIGNIFICANTLY REDUCE THE RISK PRIOR TO16
	279	+	RELEASE;17
246	280		(B) T
247	281		HE MOST EFFECTIVE USE OF LIMITED TREATMENT RESOURCES
248		-	~~WITHIN THE DEPARTMENT OF CORRECTIONS~~
249		-	;
	282	+	18
	283	+	WITHING THE DEPARTMENT OF CORRECTIONS ;19
250	284		(C) T
251	285		HE AVAILABILITY OR LACK OF AVAILABILITY OF TREATMENT
252		-	DURING INCARCERATION FOR OFFENDERS WITH DETERMINATE SENTENCES
253		-	WHO MIGHT OTHERWISE BE ELIGIBLE FOR RELEASE PURSUANT TO SECTION
254		-	17-22.5-404 (4)(a); AND
255		-	(D) THE EFFICACY OF TREATMENT AS A CONDITION OF COMMUNITY
256		-	SUPERVISION ON PAROLE
257		-	.
258		-	(6) Repeal. This section is repealed, effective September 1, 2023
259		-	SEPTEMBER 1, 2028. Before the repeal, this section is scheduled for review
260		-	in accordance with section 24-34-104.
261		-	SECTION 4. In Colorado Revised Statutes, 16-11.7-104, amend
262		-	(1) as follows:
263		-	16-11.7-104. Sex offenders - evaluation and identification
	286	+	20
	287	+	DURING INCARCERATION FOR OFFENDERS WITH DETERMINATE SENTENCES21
	288	+	WHO MIGHT OTHERWISE BE ELIGIBLE FOR RELEASE PURSUANT TO SECTION22
	289	+	17-22.5-404 (4)(a);
	290	+	AND
	291	+	23
	292	+	(D) T
	293	+	HE EFFICACY OF TREATMENT AS A CONDITION OF COMMUNITY
	294	+	24
	295	+	SUPERVISION ON PAROLE.25
	296	+	(6) Repeal. This section is repealed, effective September 1, 202326
	297	+	S
	298	+	EPTEMBER 1, 2028.
	299	+	Before the repeal, this section is scheduled for27
	300	+	164
	301	+	-8- review in accordance with section 24-34-104.1
	302	+	SECTION 4. In Colorado Revised Statutes, 16-11.7-104, amend2
	303	+	(1) as follows:3
	304	+	16-11.7-104. Sex offenders - evaluation and identification4
264	305		required. (1) W
265	306		HEN REQUIRED AS PART OF THE PRESENTENCE OR
266		-	~~PROBATION INVESTIGATION PURSUANT TO SECTIONS~~
267		-	16-11-102 (1)(b)(I) ~~AND~~
268		-	16-11.7-102 (2)(a)(I) TO (2)(a)(IV), on and after January 1, 1994, ~~each~~
269		-	convicted adult sex offender and juvenile who has committed ~~a sexual~~
270		-	~~PAGE 6-SENATE BILL 23-164~~ offense who is to be considered for probation shall be IS ~~required as a part~~
271		-	of the presentence or probation investigation required ~~pursuant to section~~
272		-	16-11-102, to submit to an evaluation for treatment, ~~an evaluation for risk,~~
273		-	procedures required for monitoring of behavior ~~to protect victims and~~
274		-	potential victims, and an identification ~~developed pursuant to section~~
275		-	16-11.7-103 (4).
276		-	SECTION 5. In Colorado Revised Statutes, 16-11.7-105, ~~amend~~
277		-	(2); and add (1.5) and (3) as follows:
278		-	16-11.7-105. Sentencing of sex offenders - treatment ~~based upon~~
279		-	evaluation and identification required - subcommittee created.
	307	+	5
	308	+	PROBATION INVESTIGATION PURSUANT TO SECTIONS 16-11-102 (1)(b)(I)6
	309	+	AND 16-11.7-102 (2)(a)(I) TO (2)(a)(IV), on and after January 1, 1994,7
	310	+	each convicted adult sex offender and juvenile who has committed a8
	311	+	sexual offense who is to be considered for probation shall be IS required9
	312	+	as a part of the presentence or probation investigation required pursuant10
	313	+	to section 16-11-102, to submit to an evaluation for treatment, an11
	314	+	evaluation for risk, procedures required for monitoring of behavior to12
	315	+	protect victims and potential victims, and an identification developed13
	316	+	pursuant to section 16-11.7-103 (4).14
	317	+	SECTION 5. In Colorado Revised Statutes, 16-11.7-105, amend15
	318	+	(2); and add (1.5), (1.6), and (3) as follows:16
	319	+	16-11.7-105. Sentencing of sex offenders - treatment based17
	320	+	upon evaluation and identification required - subcommittee created.18
280	321		(1.5) (a) T
281		-	HE DEPARTMENT OF CORRECTIONS SHALL IDENTIFY ALL INMATES
282		-	WHO ARE CLASSIFIED TO UNDERGO TREATMENT
283		-	, ARE ELIGIBLE TO RECEIVE
284		-	TREATMENT PURSUANT TO THE DEPARTMENT OF CORRECTIONS
285		-	' POLICY, AND
286		-	HAVE NOT BEEN PROVIDED WITH THE OPPORTUNITY TO UNDERGO
287		-	TREATMENT WHILE INCARCERATED
288		-	. FOR EACH INMATE, THE DEPARTMENT
289		-	OF CORRECTIONS SHALL PROVIDE THE FOLLOWING DATA TO THE BOARD ON
290		-	OR BEFORE
291		-	JULY 31, 2023:
	322	+	HE DEPARTMENT OF CORRECTIONS SHALL IDENTIFY ALL
	323	+	19
	324	+	INMATES WHO ARE CLASSIFIED TO UNDERGO TREATMENT , ARE ELIGIBLE TO20
	325	+	RECEIVE TREATMENT PURSUANT TO THE DEPARTMENT OF CORRECTIONS '21
	326	+	POLICY, AND HAVE NOT BEEN PROVIDED WITH THE OPPORTUNITY TO22
	327	+	UNDERGO TREATMENT WHILE INCARCERATED . FOR EACH INMATE, THE23
	328	+	DEPARTMENT OF CORRECTIONS SHALL PROVIDE THE FOLLOWING DATA TO24
	329	+	THE BOARD ON OR BEFORE JULY 31, 2023:25
292	330		(I) T
293	331		HE INMATE'S DEPARTMENT OF CORRECTIONS IDENTIFICATION
294		-	NUMBER
295		-	;
296		-	(II) T
297		-	HE DATE OF THE INMATE 'S SENTENCE, THE CRIME OF
298		-	CONVICTION
299		-	, AND LENGTH OF THE SENTENCE , INCLUDING LENGTH OF
300		-	PAROLE
301		-	;
	332	+	26
	333	+	NUMBER;27
	334	+	164
	335	+	-9- (II) THE DATE OF THE INMATE 'S SENTENCE, THE CRIME OF1
	336	+	CONVICTION, AND LENGTH OF THE SENTENCE , INCLUDING LENGTH OF2
	337	+	PAROLE;3
302	338		(III) W
303	339		HETHER THE SENTENCE TO THE DEPARTMENT OF
304		-	~~CORRECTIONS WAS A RESULT OF A PAROLE REVOCATION~~
305		-	;
	340	+	4
	341	+	CORRECTIONS WAS A RESULT OF A PAROLE REVOCATION ;5
306	342		(IV) T
307		-	HE DATE THE INMATE WAS PLACED ON THE GLOBAL ~~REFERRAL~~
308		-	~~LIST AS ESTABLISHED BY THE DEPARTMENT OF CORRECTIONS~~
309		-	;
	343	+	HE DATE THE INMATE WAS PLACED ON THE GLOBAL
	344	+	6
	345	+	REFERRAL LIST AS ESTABLISHED BY THE DEPARTMENT OF CORRECTIONS ;7
310	346		(V) T
311	347		HE ACTUAL OR PROJECTED PAROLE ELIGIBILITY DATE AND
312		-	MANDATORY RELEASE DATE
313		-	, AS OF JULY 31, 2023, AS WELL AS, IF
314		-	APPLICABLE
315		-	, WHETHER THE INMATE IS ENROLLED IN OR HAS PARTICIPATED
316		-	IN TRACK
317		-	I OR TRACK II TREATMENT, OR WHETHER THE INMATE HAS BEEN
318		-	PLACED IN THE MAINTENANCE PHASE
319		-	; AND
320		-	(VI) THE DEPARTMENT OF CORRECTIONS S5 QUALIFIER CODE FOR
321		-	PAGE 7-SENATE BILL 23-164 THE INMATE, IF ANY.
	348	+	8
	349	+	MANDATORY RELEASE DATE , AS OF JULY 31, 2023, AS WELL AS, IF9
	350	+	APPLICABLE, WHETHER THE INMATE IS ENROLLED IN OR HAS PARTICIPATED10
	351	+	IN TRACK I OR TRACK II TREATMENT, OR WHETHER THE INMATE HAS BEEN11
	352	+	PLACED IN THE MAINTENANCE PHASE ; AND12
	353	+	(VI) T
	354	+	HE DEPARTMENT OF CORRECTIONS S5 QUALIFIER CODE FOR
	355	+	13
	356	+	THE INMATE, IF ANY.14
322	357		(b) T
323	358		HE DEPARTMENT OF CORRECTIONS SHALL FURTHER IDENTIFY ,
324		-	IN WRITING:
	359	+	15
	360	+	IN WRITING:16
325	361		(I) I
326		-	N THE AGGREGATE, VALIDATED STATIC RISK ASSESSMENT SCORES
327		-	OF THE INMATES DESCRIBED IN THIS SECTION
328		-	, IF AVAILABLE, SEPARATELY
329		-	IDENTIFYING THOSE SERVING INDETERMINATE AND DETERMINATE
330		-	SENTENCES
331		-	;
	362	+	N THE AGGREGATE, VALIDATED STATIC RISK ASSESSMENT
	363	+	17
	364	+	SCORES OF THE INMATES DESCRIBED IN THIS SECTION , IF AVAILABLE,18
	365	+	SEPARATELY IDENTIFYING THOSE SERVING INDETERMINATE AND19
	366	+	DETERMINATE SENTENCES ;20
332	367		(II) T
333	368		HE TOTAL TREATMENT CAPACITY IN THE DEPARTMENT OF
334		-	CORRECTIONS AND
335		-	, FOR EACH FACILITY PROVIDING SEX OFFENDER
336		-	TREATMENT AND MONITORING PROGRAM TREATMENT SERVICES
337		-	, THE
338		-	TREATMENT PROGRAM CAPACITY AND THE PHASES OR TRACKS OF
339		-	TREATMENT OFFERED
340		-	;
	369	+	21
	370	+	CORRECTIONS AND, FOR EACH FACILITY PROVIDING SEX OFFENDER22
	371	+	TREATMENT AND MONITORING PROGRAM TREATMENT SERVICES , THE23
	372	+	TREATMENT PROGRAM CAPACITY AND THE PHASES OR TRACKS OF24
	373	+	TREATMENT OFFERED;25
341	374		(III) T
342		-	HE NAMES OF ALL BOARD-APPROVED PROVIDERS EMPLOYED BY
343		-	OR CONTRACTING WITH THE DEPARTMENT OF CORRECTIONS
344		-	, THE AMOUNT OF
345		-	TIME EACH PROVIDER OR CONTRACTOR HAS BEEN WORKING WITH THE
346		-	DEPARTMENT OF CORRECTIONS
347		-	, AND AT WHICH LOCATION EACH PROVIDER
348		-	OR CONTRACTOR IS PROVIDING SERVICES EACH MONTH
349		-	;
	375	+	HE NAMES OF ALL BOARD-APPROVED PROVIDERS EMPLOYED
	376	+	26
	377	+	BY OR CONTRACTING WITH THE DEPARTMENT OF CORRECTIONS , THE27
	378	+	164
	379	+	-10- AMOUNT OF TIME EACH PROVIDER OR CONTRACTOR HAS BEEN WORKING1
	380	+	WITH THE DEPARTMENT OF CORRECTIONS , AND AT WHICH LOCATION EACH2
	381	+	PROVIDER OR CONTRACTOR IS PROVIDING SERVICES EACH MONTH ;3
350	382		(IV) T
351	383		HE FREQUENCY OF SEX OFFENDER TREATMENT AND
352		-	~~MONITORING PROGRAM TREATMENT GROUPS AND THE FREQUENCY OF~~
353		-	~~CANCELLATION OF SUCH~~ GROUPS ~~IN ALL FACILITIES~~
354		-	;
	384	+	4
	385	+	MONITORING PROGRAM TREATMENT GROUPS AND THE FREQUENCY OF5
	386	+	CANCELLATION OF SUCH GROUPS IN ALL FACILITIES ;6
355	387		(V) T
356	388		HE NUMBER OF OPEN POSITIONS FOR ANY SEX OFFENDER
357		-	TREATMENT AND MONITORING PROGRAM PROVIDERS
358		-	, INCLUDING GROUP
359		-	THERAPY POSITIONS
360		-	, POLYGRAPH PROVIDERS, OR ANY OTHER POSITIONS
361		-	NECESSARY TO OPERATE THE PROGRAM
362		-	; AND
363		-	(VI) ANY AND ALL EFFORTS MADE BY THE DEPARTMENT OF
364		-	CORRECTIONS IN THE PAST FIVE YEARS TO INCREASE THE CAPACITY OF THE
365		-	SEX OFFENDER TREATMENT AND MONITORING PROGRAM
366		-	, FILL AND MAINTAIN
367		-	THE ALLOCATED FULL
368		-	-TIME OR CONTRACT POSITIONS , AND ANY DATA
369		-	AVAILABLE TO ADDRESS ANY HIRING CHALLENGES IDENTIFIED BY THE
370		-	DEPARTMENT
371		-	.
	389	+	7
	390	+	TREATMENT AND MONITORING PROGRAM PROVIDERS , INCLUDING GROUP8
	391	+	THERAPY POSITIONS, POLYGRAPH PROVIDERS, OR ANY OTHER POSITIONS9
	392	+	NECESSARY TO OPERATE THE PROGRAM ; AND10
	393	+	(VI) A
	394	+	NY AND ALL EFFORTS MADE BY THE DEPARTMENT OF
	395	+	11
	396	+	CORRECTIONS IN THE PAST FIVE YEARS TO INCREASE THE CAPACITY OF THE12
	397	+	SEX OFFENDER TREATMENT AND MONITORING PROGRAM , FILL AND13
	398	+	MAINTAIN THE ALLOCATED FULL-TIME OR CONTRACT POSITIONS, AND ANY14
	399	+	DATA AVAILABLE TO ADDRESS ANY HIRING CHALLENGES IDENTIFIED BY15
	400	+	THE DEPARTMENT.16
372	401		(c) T
373	402		HE DEPARTMENT OF CORRECTIONS SHALL PROVIDE THIS DATA
374		-	TO THE BOARD PRIOR TO
375		-	JULY 31, 2023. THE BOARD SHALL FORM A
376		-	PAGE 8-SENATE BILL 23-164 SUBCOMMITTEE WITH REPRESENTATIVES FROM THE BOARD , COMMUNITY SEX
377		-	OFFENDER TREATMENT PROVIDERS
378		-	, THE DEPARTMENT OF CORRECTIONS, THE
379		-	DIVISION OF ADULT PAROLE IN THE DEPARTMENT OF CORRECTIONS
380		-	, AND THE
381		-	STATE PAROLE BOARD CREATED PURSUANT TO SECTION
382		-	17-2-201. THE
383		-	PURPOSE OF THE SUBCOMMITTEE IS TO DEVELOP SOLUTIONS TO ADDRESS
384		-	TREATMENT RESOURCES FOR SEX OFFENDERS WHO ARE INCARCERATED OR
385		-	IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS
386		-	, INCLUDING A LEGAL
387		-	AND EVIDENCE
388		-	-BASED ANALYSIS OF INMATES WHO ARE REQUIRED TO
389		-	PROGRESS IN TREATMENT IN THE DEPARTMENT OF CORRECTIONS PRIOR TO
390		-	ANY RELEASE PURSUANT TO SECTION
391		-	18-1.3-1006 AND THOSE WHO ARE
392		-	CLASSIFIED BY THE DEPARTMENT OF CORRECTIONS AS AN INMATE WHO IS
393		-	REQUIRED TO PARTICIPATE IN TREATMENT
394		-	. THE SUBCOMMITTEE SHALL:
	403	+	17
	404	+	TO THE BOARD PRIOR TO JULY 31, 2023. THE BOARD SHALL FORM A18
	405	+	SUBCOMMITTEE WITH REPRESENTATIVES FROM THE BOARD , COMMUNITY19
	406	+	SEX OFFENDER TREATMENT PROVIDERS , THE DEPARTMENT OF20
	407	+	CORRECTIONS, THE DIVISION OF ADULT PAROLE IN THE DEPARTMENT OF21
	408	+	CORRECTIONS, AND THE STATE PAROLE BOARD CREATED PURSUANT TO22
	409	+	SECTION 17-2-201. THE PURPOSE OF THE SUBCOMMITTEE IS TO DEVELOP23
	410	+	SOLUTIONS TO ADDRESS TREATMENT RESOURCES FOR SEX OFFENDERS WHO24
	411	+	ARE INCARCERATED OR IN THE CUSTODY OF THE DEPARTMENT OF25
	412	+	CORRECTIONS, INCLUDING A LEGAL AND EVIDENCE -BASED ANALYSIS OF26
	413	+	INMATES WHO ARE REQUIRED TO PROGRESS IN TREATMENT IN THE27
	414	+	164
	415	+	-11- DEPARTMENT OF CORRECTIONS PRIOR TO ANY RELEASE PURSUANT TO1
	416	+	SECTION 18-1.3-1006 AND THOSE WHO ARE CLASSIFIED BY THE2
	417	+	DEPARTMENT OF CORRECTIONS AS AN INMATE WHO IS REQUIRED TO3
	418	+	PARTICIPATE IN TREATMENT. THE SUBCOMMITTEE SHALL:4
395	419		(I) A
396	420		NALYZE THE DATA PROVIDED BY THE DEPARTMENT OF
397		-	CORRECTIONS AND PREPARE A COMPREHENSIVE REPORT ON THE CURRENT
398		-	PRISON POPULATION TO IDENTIFY INMATES WHO ARE ELIGIBLE TO RECEIVE
399		-	TREATMENT
400		-	, WITH SPECIAL PRIORITY TOWARDS INMATES WHO ARE PAST
401		-	PAROLE ELIGIBILITY DATE
402		-	, HAVE NOT BEEN PROVIDED A TREATMENT
403		-	OPPORTUNITY
404		-	, AND REQUIRE TREATMENT TO MEET COMMUNITY
405		-	CORRECTIONS OR PAROLE ELIGIBILITY REQUIREMENTS PURSUANT TO SECTION
406		-	18-1.3-301 (1)(f), 18-1.3-1006, AND 17-22.5-404 (4)(c)(II);
	421	+	5
	422	+	CORRECTIONS AND PREPARE A COMPREHENSIVE REPORT ON THE CURRENT6
	423	+	PRISON POPULATION TO IDENTIFY INMATES WHO ARE ELIGIBLE TO RECEIVE7
	424	+	TREATMENT, WITH SPECIAL PRIORITY TOWARDS INMATES WHO ARE PAST8
	425	+	PAROLE ELIGIBILITY DATE, HAVE NOT BEEN PROVIDED A TREATMENT9
	426	+	OPPORTUNITY, AND REQUIRE TREATMENT TO MEET COMMUNITY10
	427	+	CORRECTIONS OR PAROLE ELIGIBILITY REQUIREMENTS PURSUANT TO11
	428	+	SECTION 18-1.3-301 (1)(f), 18-1.3-1006, AND 17-22.5-404 (4)(c)(II);12
407	429		(II) I
408	430		DENTIFY ALL BARRIERS THE DEPARTMENT OF CORRECTIONS
409		-	FACES IN PROVIDING TIMELY ACCESS TO TREATMENT TO INMATES WHO
410		-	REQUIRE TREATMENT TO MEET PAROLE ELIGIBILITY REQUIREMENTS
411		-	PURSUANT TO SECTIONS
412		-	18-1.3-1006 AND 17-22.5-404 (4)(c)(II) AND MAKE
413		-	RECOMMENDATIONS FOR WORKABLE SOLUTIONS TO INCREASE TREATMENT
414		-	ACCESS IN THE DEPARTMENT OF CORRECTIONS
415		-	, INCLUDING EVIDENCE-BASED,
416		-	VALIDATED PROJECTIONS DEVELOPED IN CONJUNCTION WITH THE DIVISION
417		-	OF CRIMINAL JUSTICE EXPERTS IN PRISON POPULATION PROJECTIONS
418		-	, FOR THE
419		-	DECREASE IN BACKLOG THAT WOULD OCCUR WITH THE IMPLEMENTATION OF
420		-	ANY SOLUTIONS
421		-	;
	431	+	13
	432	+	FACES IN PROVIDING TIMELY ACCESS TO TREATMENT TO INMATES WHO14
	433	+	REQUIRE TREATMENT TO MEET PAROLE ELIGIBILITY REQUIREMENTS15
	434	+	PURSUANT TO SECTIONS 18-1.3-1006 AND 17-22.5-404 (4)(c)(II) AND16
	435	+	MAKE RECOMMENDATIONS FOR WORKABLE SOLUTIONS TO INCREASE17
	436	+	TREATMENT ACCESS IN THE DEPARTMENT OF CORRECTIONS , INCLUDING18
	437	+	EVIDENCE-BASED, VALIDATED PROJECTIONS DEVELOPED IN CONJUNCTION19
	438	+	WITH THE DIVISION OF CRIMINAL JUSTICE EXPERTS IN PRISON POPULATION20
	439	+	PROJECTIONS, FOR THE DECREASE IN BACKLOG THAT WOULD OCCUR WITH21
	440	+	THE IMPLEMENTATION OF ANY SOLUTIONS ;22
422	441		(III) D
423	442		ETERMINE WHICH, IF ANY, STANDARDS ARE BARRIERS TO
424		-	~~PROVIDING TIMELY ACCESS TO TREATMENT AND MAKE RECOMMENDATIONS~~
425		-	~~CONCERNING CHANGES OR EXCEPTIONS~~ TO ~~THE STA NDARDS FOR SEX~~
426		-	~~OFFENDERS INCARCERATED IN THE DEPARTMENT OF CORRECTIONS~~
427		-	;
428		-	~~(IV) R~~
429		-	~~EVIEW AND CONSIDER REVISIONS TO THE DEPARTMENT OF~~
430		-	~~CORRECTIONS POLICIES~~ AND ~~ADMINISTRATIVE REGULATIONS~~ TO ~~PREVENT~~
431		-	~~PAGE 9-SENATE~~ ~~BILL 23-164~~ ~~UNNECESSARY BACKLOG IN MAKING TREATMENT ACCESSIBLE~~ TO ~~INMATES~~
432		-	~~WHO REQUIRE~~ TREATMENT TO ~~MEET PAROLE ELIGIBILITY REQUIREMENTS~~
433		-	;
	443	+	23
	444	+	PROVIDING TIMELY ACCESS TO TREATMENT AND MAKE24
	445	+	RECOMMENDATIONS CONCERNING CHANGES OR EXCEPTIONS TO THE25
	446	+	STANDARDS FOR SEX OFFENDERS INCARCERATED IN THE DEPARTMENT OF26
	447	+	CORRECTIONS;27
	448	+	164
	449	+	-12- (IV) REVIEW AND CONSIDER REVISIONS TO THE DEPARTMENT OF1
	450	+	CORRECTIONS POLICIES AND ADMINISTRATIVE REGULATIONS TO PREVENT2
	451	+	UNNECESSARY BACKLOG IN MAKING TREATMENT ACCESSIBLE TO INMATES3
	452	+	WHO REQUIRE TREATMENT TO MEET PAROLE ELIGIBILITY REQUIREMENTS ;4
434	453		(V) R
435	454		EVIEW THE CRITERIA ESTABLISHED PURSUANT TO SECTION
436		-	18-1.3-1009 AND MAKE REVISIONS TO POLICIES OF THE DEPARTMENT OF
437		-	CORRECTIONS AND ADMINISTRATIVE REGULATIONS TO PREVENT
438		-	UNNECESSARY BACKLOG IN MAKING TREATMENT ACCESSIBLE TO INMATES
439		-	WHO REQUIRE TREATMENT TO MEET PAROLE ELIGIBILITY REQUIREMENTS
440		-	PURSUANT TO SECTION
441		-	18-1.3-1006;
	455	+	5
	456	+	18-1.3-1009
	457	+	AND MAKE REVISIONS TO POLICIES OF THE DEPARTMENT OF
	458	+	6
	459	+	CORRECTIONS AND ADMINISTRATIVE REGULATIONS TO PREVENT7
	460	+	UNNECESSARY BACKLOG IN MAKING TREATMENT ACCESSIBLE TO INMATES8
	461	+	WHO REQUIRE TREATMENT TO MEET PAROLE ELIGIBILITY REQUIREMENTS9
	462	+	PURSUANT TO SECTION 18-1.3-1006;10
442	463		(VI) R
443	464		EVIEW PAROLE GUIDELINES FOR THOSE INMATES CLASSIFIED
444		-	~~AS SEX OFFENDERS WITH DETERMINATE SENTENCES ESTABLISHED PURSUANT~~
445		-	~~TO SECTION~~
446		-	17-22.5-404 AND MAKE REVISIONS AS ~~NECESSARY TO PREVENT~~
447		-	UNNECESSARY BACKLOG IN MAKING TREATMENT ~~ACCESSIBLE TO INMATES~~
448		-	WHO REQUIRE TREATMENT TO MEET PAROLE ~~ELIGIBILITY REQUIREMENTS~~
449		-	;
	465	+	11
	466	+	AS SEX OFFENDERS WITH DETERMINATE SENTENCES ESTABLISHED12
	467	+	PURSUANT TO SECTION 17-22.5-404 AND MAKE REVISIONS AS NECESSARY13
	468	+	TO PREVENT UNNECESSARY BACKLOG IN MAKING TREATMENT ACCESSIBLE14
	469	+	TO INMATES WHO REQUIRE TREATMENT TO MEET PAROLE ELIGIBILITY15
	470	+	REQUIREMENTS;16
450	471		(VII) D
451	472		ETERMINE WHETHER ADDITIONAL TREATMENT PROVIDERS
452		-	~~WILL CONTRACT WITH THE DEPARTMENT OF CORRECTIONS TO PROVIDE~~
453		-	~~EVALUATION OR TREATMENT SERVICES~~ TO ~~INCARCERATED INDIVIDUALS AND~~
454		-	~~MAKE WORKABLE RECOMMENDATIONS CONCERNING HOW~~ TO ~~IMMEDIATELY~~
455		-	~~INCREASE INMATE ACCESS TO THOSE APPROVED PROVIDERS~~
456		-	;
	473	+	17
	474	+	WILL CONTRACT WITH THE DEPARTMENT OF CORRECTIONS TO PROVIDE18
	475	+	EVALUATION OR TREATMENT SERVICES TO INCARCERATED INDIVIDUALS19
	476	+	AND MAKE WORKABLE RECOMMENDATIONS CONCERNING HOW TO20
	477	+	IMMEDIATELY INCREASE INMATE ACCESS TO THOSE APPROVED PROVIDERS ;21
457	478		(VIII) D
458	479		ETERMINE WHETHER INCREASED FUNDING OR ANY OTHER
459		-	RESOURCES COULD MAKE ACCESS TO TELEHEALTH TREATMENT VIABLE FOR
460		-	INMATES AND THE AMOUNT OF INCREASED FUNDING OR RESOURCES
461		-	NECESSARY TO ACCOMPLISH THIS GOAL
462		-	; AND
463		-	(IX) IN CONSIDERATION OF ANY EXISTING TREATMENT BACKLOG AND
464		-	OF FINITE TREATMENT RESOURCES
465		-	, MAKE RECOMMENDATIONS FOR
466		-	PROCURING OR MAKING AVAILABLE SUFFICIENT TREATMENT RESOURCES
467		-	WITHOUT NEGATIVELY IMPACTING PUBLIC SAFETY AND PROTECTION OF
468		-	VICTIMS
469		-	.
470		-	(d) T
	480	+	22
	481	+	RESOURCES COULD MAKE ACCESS TO TELEHEALTH TREATMENT VIABLE23
	482	+	FOR INMATES AND THE AMOUNT OF INCREASED FUNDING OR RESOURCES24
	483	+	NECESSARY TO ACCOMPLISH THIS GOAL ; AND25
	484	+	(IX) I
	485	+	N CONSIDERATION OF ANY EXISTING TREATMENT BACKLOG
	486	+	26
	487	+	AND OF FINITE TREATMENT RESOURCES , MAKE RECOMMENDATIONS FOR27
	488	+	164
	489	+	-13- PROCURING OR MAKING AVAILABLE SUFFICIENT TREATMENT RESOURCES1
	490	+	WITHOUT NEGATIVELY IMPACTING PUBLIC SAFETY AND PROTECTION OF2
	491	+	VICTIMS.3
	492	+	(X) T
471	493		HE SUBCOMMITTEE CREATED IN SUBSECTION (1.5)(c) OF THIS
472		-	SECTION SHALL PRESENT ITS WRITTEN FINDINGS IN A REPORT AND PROPOSAL
473		-	TO THE JUDICIARY COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND
474		-	THE SENATE
475		-	, OR ANY SUCCESSOR COMMITTEES, ON OR BEFORE FEBRUARY 1,
476		-	2024.
477		-	THE DEPARTMENT OF CORRECTIONS AND THE PAROLE BOARD SHALL
478		-	COMMENT ON THE REPORT
479		-	'S FINDINGS AND RECOMME NDATIONS ON OR
480		-	BEFORE
481		-	MARCH 1, 2024.
482		-	PAGE 10-SENATE BILL 23-164 (2) For offenders who begin community supervision on or after
483		-	August 10, 2016 THE EFFECTIVE DATE OF THIS SUBSECTION (2), AS
484		-	AMENDED
485		-	, the supervising agency of each adult sex offender and juvenile
486		-	who has committed a sexual offense shall provide the offender with achoice of two appropriate treatment provider agencies staffed by approved
487		-	providers unless the supervising agency documents in the file that, based
488		-	upon the nature of the program offered, the needs of the offender, or the
489		-	proximity of the appropriate treatment provider agency, fewer than two such
490		-	agencies can meet the specific needs of the offender, ensure the safety of
491		-	the public, and provide the supervising agency with reasonable access to the
492		-	treatment provider agency and the offender during the course of treatment.
493		-	ACCESS TO A COMPLETE LIST OF TREATMENT PROVIDERS WHO ARE APPROVED
494		-	PURSUANT TO SECTION
495		-	16-11.7-106 AND WHO HAVE THE EXPERTISE TO
496		-	WORK WITH THE SPECIFIC RISKS AND NEEDS OF THAT PARTICULAR OFFENDER
497		-	.
	494	+	4
	495	+	SECTION SHALL PRESENT ITS WRITTEN FINDINGS IN A REPORT AND5
	496	+	PROPOSAL TO THE JUDICIARY COMMITTEES OF THE HOUSE OF6
	497	+	REPRESENTATIVES AND THE SENATE , OR ANY SUCCESSOR COMMITTEES , ON7
	498	+	OR BEFORE FEBRUARY 1, 2024. THE DEPARTMENT OF CORRECTIONS AND8
	499	+	THE PAROLE BOARD SHALL COMMENT ON THE REPORT 'S FINDINGS AND9
	500	+	RECOMMENDATIONS ON OR BEFORE MARCH 1, 2024.10
	501	+	(2) For offenders who begin community supervision on or after11
	502	+	August 10, 2016 THE EFFECTIVE DATE OF THIS SUBSECTION (2), AS12
	503	+	AMENDED, the supervising agency of each adult sex offender and juvenile13
	504	+	who has committed a sexual offense shall provide the offender with a14
	505	+	choice of two appropriate treatment provider agencies staffed by15
	506	+	approved providers unless the supervising agency documents in the file16
	507	+	that, based upon the nature of the program offered, the needs of the17
	508	+	offender, or the proximity of the appropriate treatment provider agency,18
	509	+	fewer than two such agencies can meet the specific needs of the offender,19
	510	+	ensure the safety of the public, and provide the supervising agency with20
	511	+	reasonable access to the treatment provider agency and the offender21
	512	+	during the course of treatment. ACCESS TO A COMPLETE LIST OF22
	513	+	TREATMENT PROVIDERS WHO ARE APPROVED PURSUANT TO SECTION23
	514	+	16-11.7-106
	515	+	AND WHO HAVE THE EXPERTISE TO WORK WITH THE SPECIFIC
	516	+	24
	517	+	RISKS AND NEEDS OF THAT PARTICULAR OFFENDER . THE SUPERVISING25
	518	+	AGENCY SHALL ALSO MAKE SPECIFIC RECOMMENDATIONS TO THE26
	519	+	OFFENDER. WHEN MAKING A LIST OF REFERRALS , THE SUPERVISING27
	520	+	164
	521	+	-14- AGENCY SHALL CONSIDER THE INDIVIDUAL RISKS AND TREATMENT NEEDS1
	522	+	OF THE PARTICULAR OFFENDER, ABILITY OF THE TREATMENT PROVIDER TO2
	523	+	ACCEPT NEW CLIENTS, GEOGRAPHIC PROXIMITY OF THE PROVIDER , AND3
	524	+	THE NATURE OF THE PROGRAMS , AND TAILOR REFERRALS TO THOSE4
	525	+	CONSIDERATIONS AND ANY OTHER FACTOR RELEVANT TO THE TREATMENT5
	526	+	NEEDS OF THE OFFENDER, CAPABILITY OF THE PROVIDER, AND SAFETY OF6
	527	+	THE COMMUNITY. FOR AN OFFENDER WHO IS A PERSON WITH AN7
	528	+	INTELLECTUAL AND DEVELOPMENTAL DISABILITY , AS DESCRIBED IN8
	529	+	SECTION 25.5-10-202, THE SUPERVISING AGENCY SHALL REFER THAT9
	530	+	OFFENDER TO A PROVIDER APPROVED BY THE SEX OFFENDER10
	531	+	MANAGEMENT BOARD TO WORK WITH THAT POPULATION . FOR OFFENDERS11
	532	+	WHO PREFER TO DO TREATMENT IN A LANGUAGE OTHER THAN ENGLISH,12
	533	+	REFERRALS MUST BE OFFERED, WHEN POSSIBLE, TO PROVIDERS WHO ARE13
	534	+	FLUENT IN THE TARGET LANGUAGE. Once selected, the treatment provider14
	535	+	OR agency may not be changed by the offender without the approval of15
	536	+	the community supervision team, the multidisciplinary team, or the court,16
	537	+	EXCEPT THE OFFENDER MAY CHANGE THE TREATMENT PROVIDER OR17
	538	+	AGENCY ONCE WITHIN NINETY DAYS OF THE COURT IMPOSING SENTENCE18
	539	+	OR THE OFFENDER'S RELEASE ON PAROLE.19
	540	+	(3) T
	541	+	HE REQUIREMENTS OF SUBSECTION (2) OF THIS SECTION DO
	542	+	20
	543	+	NOT APPLY TO THE DIVISION OF YOUTH SERVICES BASED ON THE NATURE21
	544	+	OF THE PROGRAM, THE COMPLEX NEEDS OF THE JUVENILES SERVED , AND22
	545	+	THE PLACEMENTS AND APPROVED TREATMENT PROVIDERS AVAILABLE TO23
	546	+	WORK WITH JUVENILES FROM THE DIVISION OF YOUTH SERVICES . THE24
	547	+	DIVISION OF YOUTH SERVICES SHALL ASSIGN JUVENILES WHO HAVE25
	548	+	COMMITTED A SEXUAL OFFENSE TO A TREATMENT PROVIDER BASED ON26
	549	+	THE INDIVIDUAL RISKS AND NEEDS OF THE JUVENILE AND HAVE27
	550	+	164
	551	+	-15- PROCEDURES IN PLACE TO ALLOW FOR A JUVENILE OR FAMILY TO REQUEST1
	552	+	A CHANGE IN TREATMENT PROVIDERS BASED ON RESPONSIVITY FACTORS .2
498	553		T
499		-	HE SUPERVISING AGENCY SHALL ALSO MAKE SPECIFIC RECOMMENDATIONS
500		-	TO THE OFFENDER
501		-	. WHEN MAKING A LIST OF REFERRALS, THE SUPERVISING
502		-	AGENCY SHALL CONSIDER THE INDIVIDUAL RISKS AND TREATMENT NEEDS OF
503		-	THE PARTICULAR OFFENDER
504		-	, ABILITY OF THE TREATMENT PROVIDER TO
505		-	ACCEPT NEW CLIENTS
506		-	, GEOGRAPHIC PROXIMITY OF THE PROVIDER , AND THE
507		-	NATURE OF THE PROGRAMS
508		-	, AND TAILOR REFERRALS TO THOSE
509		-	CONSIDERATIONS AND ANY OTHER FACTOR RELEVANT TO THE TREATMENT
510		-	NEEDS OF THE OFFENDER
511		-	, CAPABILITY OF THE PROVIDER, AND SAFETY OF THE
512		-	COMMUNITY
513		-	. FOR AN OFFENDER WHO IS A PERSON WITH AN INTELLECTUAL
514		-	AND DEVELOPMENTAL DISABILITY
515		-	, AS DESCRIBED IN SECTION 25.5-10-202,
516		-	THE SUPERVISING AGENCY SHALL REFER THAT OFFENDER TO A PROVIDER
517		-	APPROVED BY THE SEX OFFENDER MANAGEMENT BOARD TO WORK WITH
518		-	THAT POPULATION
519		-	. FOR OFFENDERS WHO PREFER TO DO TREATMENT IN A
520		-	LANGUAGE OTHER THAN
521		-	ENGLISH, REFERRALS MUST BE OFFERED , WHEN
522		-	POSSIBLE
523		-	, TO PROVIDERS WHO ARE FLUENT IN THE TARGET LANGUAGE . Once
524		-	selected, the treatment provider
525		-	OR agency may not be changed by the
526		-	offender without the approval of the community supervision team, the
527		-	multidisciplinary team, or the court,
528		-	EXCEPT THE OFFENDER MAY CHANGE
529		-	THE TREATMENT PROVIDER OR AGENCY ONCE WITHIN NINETY DAYS OF THE
530		-	COURT IMPOSING SENTENCE OR THE OFFENDER
531		-	'S RELEASE ON PAROLE.
532		-	(3) T
533		-	HE REQUIREMENTS OF SUBSECTION (2) OF THIS SECTION DO NOT
534		-	APPLY TO THE DIVISION OF YOUTH SERVICES BASED ON THE NATURE OF THE
535		-	PROGRAM
536		-	, THE COMPLEX NEEDS OF THE JUVENILES SERVED , AND THE
537		-	PLACEMENTS AND APPROVED TREATMENT PROVIDERS AVAILABLE TO WORK
538		-	WITH JUVENILES FROM THE DIVISION OF YOUTH SERVICES
539		-	. THE DIVISION OF
540		-	PAGE 11-SENATE BILL 23-164 YOUTH SERVICES SHALL ASSIGN J UVENILES WHO HAVE COMMITTED A
541		-	SEXUAL OFFENSE TO A TREATMENT PROVIDER BASED ON THE INDIVIDUAL
542		-	RISKS AND NEEDS OF THE JUVENILE AND HAVE PROCEDURES IN PLACE TO
543		-	ALLOW FOR A JUVENILE OR FAMILY TO REQUEST A CHANGE IN TREATMENT
544		-	PROVIDERS BASED ON RESPONSIVITY FACTORS
545		-	. THE MULTIDISCIPLINARY
546		-	TEAM FOR THE JUVENILE SHALL REVIEW ALL REQUESTS FOR CHANGES IN
547		-	TREATMENT PROVIDERS AND APPROVE REQUESTS IF THE MULTIDISCIPLINARY
548		-	TEAM DETERMINES THE JUVENILE
549		-	'S RISKS, NEEDS, AND RESPONSIVITY
550		-	FACTORS CAN BE BETTER SERVED BY AN ALTERNATE TREATMENT PROVIDER
551		-	.
552		-	SECTION 6. In Colorado Revised Statutes, 16-11.7-106, amend
553		-	(2)(a) introductory portion, (2)(a)(I), and (2)(b); and add (1.5) and (8) as
554		-	follows:
555		-	16-11.7-106. Sex offender evaluation, treatment, and polygraph
556		-	services - contracts with providers - placement on provider list -
557		-	grievances - fund created - repeal. (1.5) N
558		-	OTWITHSTANDING THE
559		-	PROVISIONS OF SUBSECTION
560		-	(1) OF THIS SECTION, THE DEPARTMENT OF
561		-	CORRECTIONS MAY EMPLOY OR CONTRACT WITH AN INDIVIDUAL OR ENTITY
562		-	TO PROVIDE SEX
563		-	-OFFENDER-SPECIFIC EVALUATION, TREATMENT, OR
564		-	POLYGRAPH SERVICES PURSUANT TO THIS ARTICLE
565		-	11.7 IF THE DIRECTOR OF
566		-	THE PROGRAM IS AN APPROVED PROVIDER AND THE DEPARTMENT OPERATES
567		-	A SEX OFFENDER TREATMENT AND MONITORING PROGRAM THAT CONFORMS
568		-	WITH THE GUIDELINES AND STANDARDS DEVELOPED PURSUANT TO SECTION
569		-	16-11.7-103 AND THE EMPLOYEES AND CONTRACTORS ARE TRAINED TO
570		-	COMPLY WITH THE STANDARDS OF THE CONFORMING PROGRAM
571		-	.
	554	+	HE MULTIDISCIPLINARY TEAM FOR THE JUVENILE SHALL REVIEW ALL
	555	+	3
	556	+	REQUESTS FOR CHANGES IN TREATMENT PROVIDERS AND APPROVE4
	557	+	REQUESTS IF THE MULTIDISCIPLINARY TEAM DETERMINES THE JUVENILE 'S5
	558	+	RISKS, NEEDS, AND RESPONSIVITY FACTORS CAN BE BETTER SERVED BY AN6
	559	+	ALTERNATE TREATMENT PROVIDER .7
	560	+	SECTION 6. In Colorado Revised Statutes, 16-11.7-106, amend8
	561	+	(2)(a) introductory portion, (2)(a)(I), and (2)(b); and add (1.5) and (8) as9
	562	+	follows:10
	563	+	16-11.7-106. Sex offender evaluation, treatment, and11
	564	+	polygraph services - contracts with providers - placement on12
	565	+	provider list - grievances - fund created - repeal.13
	566	+	(1.5) N
	567	+	OTWITHSTANDING THE PROVISIONS OF SUBSECTION (1) OF THIS
	568	+	14
	569	+	SECTION, THE DEPARTMENT OF CORRECTIONS MAY EMPLOY OR CONTRACT15
	570	+	WITH AN INDIVIDUAL OR ENTITY TO PROVIDE SEX -OFFENDER-SPECIFIC16
	571	+	EVALUATION, TREATMENT, OR POLYGRAPH SERVICES PURSUANT TO THIS17
	572	+	ARTICLE 11.7 IF THE DIRECTOR OF THE PROGRAM IS AN APPROVED18
	573	+	PROVIDER AND THE DEPARTMENT OPERATES A SEX OFFENDER TREATMENT19
	574	+	AND MONITORING PROGRAM THAT CONFORMS WITH THE GUIDELINES AND20
	575	+	STANDARDS DEVELOPED PURS UANT TO SECTION 16-11.7-103 AND THE21
	576	+	EMPLOYEES AND CONTRACTORS ARE TRAINED TO COMPLY WITH THE22
	577	+	STANDARDS OF THE CONFORMING PROGRAM .23
572	578		(a) A
573	579		NY INDIVIDUAL PROVIDING SEX -OFFENDER-SPECIFIC
574		-	EVALUATION OR TREATMENT MUST HAVE A BACCALAUREATE DEGREE OR
575		-	ABOVE IN A BEHAVIORAL SCIENCE WITH TRAINING OR PROFESSIONAL
576		-	EXPERIENCE IN COUNSELING OR THERAPY
577		-	; MUST HOLD A PROFESSIONAL
578		-	MENTAL HEALTH LICENSE OR BE APPROVED BY THE DEPARTMENT OF
579		-	REGULATORY AGENCIES AS AN UNLICENSED PSYCHOTHERAPIST
580		-	, CERTIFIED
581		-	ADDICTION COUNSELOR
582		-	, LICENSED PROFESSIONAL COUNSELOR CANDIDATE ,
583		-	LICENSED MARRIAGE AND FAMILY THERAPIST CANDIDATE , OR PSYCHOLOGIST
584		-	CANDIDATE
585		-	; OR CLINICAL SOCIAL WORKER.
	580	+	24
	581	+	EVALUATION OR TREATMENT MUST HAVE A BACCALAUREATE DEGREE OR25
	582	+	ABOVE IN A BEHAVIORAL SCIENCE WITH TRAINING OR PROFESSIONAL26
	583	+	EXPERIENCE IN COUNSELING OR THERAPY ; MUST HOLD A PROFESSIONAL27
	584	+	164
	585	+	-16- MENTAL HEALTH LICENSE OR BE APPROVED BY THE DEPARTMENT OF1
	586	+	REGULATORY AGENCIES AS AN UNLICENSED PSYCHOTHERAPIST , CERTIFIED2
	587	+	ADDICTION C OUNSELOR , LICENSED PROFESSIONAL COUNSELOR3
	588	+	CANDIDATE, LICENSED MARRIAGE AND FAMILY THERAPIST CANDIDATE , OR4
	589	+	PSYCHOLOGIST CANDIDATE ; OR CLINICAL SOCIAL WORKER.5
586	590		(b) A
587	591		NY POLYGRAPH EXAMINER MUST HAVE GRADUATED FROM AN
588		-	ACCREDITED
589		-	AMERICAN POLYGRAPH ASSOCIATION SCHOOL AND HAVE A
590		-	BACCALAUREATE DEGREE FROM A FOUR
591		-	-YEAR INSTITUTION OF HIGHER
592		-	PAGE 12-SENATE BILL 23-164 EDUCATION. THE DEPARTMENT OF CORRECTIONS SHALL COMPLETE
593		-	COMPLIANCE MONITORING OF CONTRACTED PROVIDERS AND POLYGRAPH
594		-	EXAMINERS WHO ARE NOT APPROVED BY THE BOARD PURSUANT TO
595		-	SUBSECTION
596		-	(1) OF THIS SECTION ON AN ANNUAL BASIS.
	592	+	6
	593	+	ACCREDITED AMERICAN POLYGRAPH ASSOCIATION SCHOOL AND HAVE A7
	594	+	BACCALAUREATE DEGREE FROM A FOUR -YEAR INSTITUTION OF HIGHER8
	595	+	EDUCATION. THE DEPARTMENT OF CORRECTIONS SHALL COMPLETE9
	596	+	COMPLIANCE MONITORING OF CONTRACTED PROVIDERS AND POLYGRAPH10
	597	+	EXAMINERS WHO ARE NOT APPROVED BY THE BOARD PURSUANT TO11
	598	+	SUBSECTION (1) OF THIS SECTION ON AN ANNUAL BASIS.12
597	599		(c) I
598	600		N THE EVENT THAT A PROVIDER WHO CONTRACTED WITH THE
599		-	DEPARTMENT OF CORRECTIONS IS FOUND TO HAVE VIOLATED THE
600		-	GUIDELINES AND STANDARDS DEVELOPED PURSUANT TO SECTION
601		-	16-11.7-103, THE DEPARTMENT OF CORRECTIONS SHALL TERMINATE THE
602		-	CONTRACT WITH THE PROVIDER
603		-	.
	601	+	13
	602	+	DEPARTMENT OF CORRECTIONS IS FOUND TO HAVE VIOLATED THE14
	603	+	GUIDELINES AND STANDARDS DEVELOPED PURSUANT TO SECTION15
	604	+	16-11.7-103,
	605	+	THE DEPARTMENT OF CORRECTIONS SHALL TERMINATE THE
	606	+	16
	607	+	CONTRACT WITH THE PROVIDER .17
604	608		(d) T
605	609		HIS SUBSECTION (1.5) IS REPEALED, EFFECTIVE SEPTEMBER 1,
	610	+	18
606	611		2028.
607	612		PRIOR TO REPEAL, THIS SUBSECTION (1.5) IS SCHEDULED FOR REVIEW
608		-	IN ACCORDANCE WITH SECTION
609		-	16-11.7-103 (6).
610		-	(2) (a) The board shall develop an application and review process
611		-	for treatment providers, evaluators, and polygraph examiners who provide
612		-	services pursuant to this article
613		-	ARTICLE 11.7 to adult sex offenders and to
614		-	juveniles who have committed sexual offenses. The application and review
615		-	process shall
616		-	MUST allow providers to demonstrate that they are in
617		-	compliance with the standards adopted pursuant to this article ARTICLE 11.7.
618		-	The application and review process shall consist CONSISTS of the following
619		-	three parts:
620		-	(I) The board shall develop separate application and review
621		-	processes for standards that apply to the criminal justice component, such
622		-	as criminal history record checks, for evaluators, individual treatment
623		-	providers, and polygraph examiners. Applications for the criminal justice
624		-	components, including
625		-	EXCLUDING fingerprints, shall MUST be submitted to
626		-	the board. The board shall DIVISION OF CRIMINAL JUSTICE IN THE
627		-	DEPARTMENT OF PUBLIC SAFETY SHALL WORK WITH A THIRD
628		-	-PARTY VENDOR
629		-	TO TAKE AND
630		-	forward the
631		-	fingerprints to the Colorado bureau of
632		-	investigation for use in conducting a state criminal history record check and
633		-	for transmittal to the federal bureau of investigation for a national criminal
634		-	history record check. The board may use information obtained from the
635		-	state and national criminal history record checks to determine an applicant's
636		-	eligibility for placement on the approved provider list. The board shall be
637		-	IS responsible for the implementation of the provisions of this subparagraph
638		-	(I) THIS SUBSECTION (2)(a)(I).
639		-	PAGE 13-SENATE BILL 23-164 (b) After the process developed pursuant to paragraph (a) of this
640		-	subsection (2) SUBSECTION (2)(a) OF THIS SECTION is established and
641		-	providers have met all the criteria of the application and review process, the
642		-	board may approve the provider. The board and the department of
643		-	regulatory agencies shall jointly publish, at least annually, a list of approved
644		-	providers. The board shall forward the list to the office of the state court
645		-	administrator, the department of public safety, the department of human
646		-	services, and the department of corrections. The board shall update and
647		-	forward the list of approved providers as necessary.
	613	+	19
	614	+	IN ACCORDANCE WITH SECTION 16-11.7-103 (6).20
	615	+	(2) (a) The board shall develop an application and review process21
	616	+	for treatment providers, evaluators, and polygraph examiners who provide22
	617	+	services pursuant to this article ARTICLE 11.7 to adult sex offenders and23
	618	+	to juveniles who have committed sexual offenses. The application and24
	619	+	review process shall MUST allow providers to demonstrate that they are25
	620	+	in compliance with the standards adopted pursuant to this article ARTICLE26
	621	+	11.7. The application and review process shall consist CONSISTS of the27
	622	+	164
	623	+	-17- following three parts:1
	624	+	(I) The board shall develop separate application and review2
	625	+	processes for standards that apply to the criminal justice component, such3
	626	+	as criminal history record checks, for evaluators, individual treatment4
	627	+	providers, and polygraph examiners. Applications for the criminal justice5
	628	+	components, including EXCLUDING fingerprints, shall MUST be submitted6
	629	+	to the board. The board shall DIVISION OF CRIMINAL JUSTICE IN THE7
	630	+	DEPARTMENT OF PUBLIC SAFETY SHALL WORK WITH A THIRD -PARTY8
	631	+	VENDOR TO TAKE AND forward the fingerprints to the Colorado bureau of9
	632	+	investigation for use in conducting a state criminal history record check10
	633	+	and for transmittal to the federal bureau of investigation for a national11
	634	+	criminal history record check. The board may use information obtained12
	635	+	from the state and national criminal history record checks to determine an13
	636	+	applicant's eligibility for placement on the approved provider list. The14
	637	+	board shall be IS responsible for the implementation of the provisions of15
	638	+	this subparagraph (I) THIS SUBSECTION (2)(a)(I).16
	639	+	(b) After the process developed pursuant to paragraph (a) of this17
	640	+	subsection (2) SUBSECTION (2)(a) OF THIS SECTION is established and18
	641	+	providers have met all the criteria of the application and review process,19
	642	+	the board may approve the provider. The board and the department of20
	643	+	regulatory agencies shall jointly publish, at least annually, a list of21
	644	+	approved providers. The board shall forward the list to the office of the22
	645	+	state court administrator, the department of public safety, the department23
	646	+	of human services, and the department of corrections. The board shall24
	647	+	update and forward the list of approved providers as necessary.25
648	648		(8) S
649		-	UPERVISING OFFICERS SHALL FOLLOW THE GUIDELINES AND
650		-	STANDARDS DEVELOPED PURSUANT TO THIS SECTION WHEN WORKING WITH
651		-	SEX OFFENDERS
652		-	. AGENCIES EMPLOYING SUPERVISING OFFICERS SHALL
653		-	COLLABORATE WITH THE BOARD TO DEVELOP PROCEDURES TO HOLD
654		-	ACCOUNTABLE A SUPERVISING OFFICER WHO FAILS TO FOLLOW THE
655		-	GUIDELINES AND STANDARDS
656		-	.
657		-	SECTION 7. In Colorado Revised Statutes, 18-1.3-101, amend (6)
658		-	as follows:
659		-	18-1.3-101. Pretrial diversion - appropriation - repeal. (6) In a
660		-	jurisdiction that receives state moneys for the creation or operation of
661		-	diversion programs pursuant to this section, an individual accused of a sex
662		-	offense as defined in section 18-1.3-1003 (5) is not eligible for pretrial
663		-	diversion unless charges have been filed and, after the individual has had
664		-	an opportunity to consult with counsel, the individual has completed a
665		-	sex-offense-specific evaluation, which includes the use of a
666		-	sex-offense-specific risk assessment instrument, conducted by an evaluator
667		-	approved by the sex offender management board as required by section
668		-	16-11.7-103 (4). C.R.S.
669		-	The district attorney may agree to place the
670		-	individual in the diversion program established by the district attorney
671		-	pursuant to this section if he or she finds that, based on the results of that
672		-	evaluation and the other factors in subsection (3) of this section, the
673		-	individual is appropriate for the program. Notwithstanding that a
674		-	successfully completed diversion agreement does not constitute a history of
675		-	sex offenses for purposes of sections 16-11.7-102 (2)(a)(II), 16-11.7-102
676		-	(2)(a)(IV)(C), and 16-22-103 (2)(d), C.R.S.,
677		-	the information constituting the
678		-	crimes charged and facts alleged shall be available for use by a court,
679		-	district attorney, any law enforcement agency, or agency of the state judicial
680		-	department, if otherwise permitted by law, in any subsequent criminal
681		-	PAGE 14-SENATE BILL 23-164 investigation, prosecution, risk or needs assessment evaluation, sentencing
682		-	hearing, or during a probation or parole supervision period.
683		-	SECTION 8. In Colorado Revised Statutes, 17-22.5-404, amend
684		-	(6)(b) as follows:
685		-	17-22.5-404. Parole guidelines - definition. (6) (b) The state board
686		-	of parole shall also determine whether a decision granting, revoking, or
687		-	denying parole conformed with or departed from the administrative
688		-	guidelines created pursuant to section 17-22.5-107
689		-	SECTIONS 17-22.5-107
690		-	AND 16-11.7-103 (4)(m) and, if the decision was a departure from the
691		-	guidelines, the reason for the departure. The data collected pursuant to this
692		-	paragraph (b)
693		-	SUBSECTION (6) are subject to the same victim protections
694		-	described in paragraph (a) of this subsection (6) SUBSECTION (4)(a) OF THIS
695		-	SECTION
696		-	.
697		-	SECTION 9. In Colorado Revised Statutes, 24-34-104, repeal
698		-	(24)(a)(XIII); and add (29)(a)(XX) as follows:
699		-	24-34-104. General assembly review of regulatory agencies and
700		-	functions for repeal, continuation, or reestablishment - legislative
701		-	declaration - repeal. (24) (a) The following agencies, functions, or both,
702		-	are scheduled for repeal on September 1, 2023:
703		-	(XIII) The sex offender management board created in section
704		-	16-11.7-103.
705		-	(29) (a) The following agencies, functions, or both, are scheduled
706		-	for repeal on September 1, 2028:
707		-	(XX) T
708		-	HE SEX OFFENDER MANAGEMENT BOARD CREATED IN SECTION
709		-	16-11.7-103.
710		-	SECTION 10. Appropriation. (1) For the 2023-24 state fiscal
711		-	year, $163,946 is appropriated to the department of public safety for use by
712		-	the division of criminal justice. This appropriation is from the general fund
713		-	and is based on an assumption that the division will require an additional
714		-	1.8 FTE. To implement this act, the division may use this appropriation for
715		-	sex offender supervision.
716		-	PAGE 15-SENATE BILL 23-164 (2) For the 2023-24 state fiscal year, $43,122 is appropriated to the
717		-	judicial department for use by courts administration. This appropriation is
718		-	from the general fund and is based on an assumption that the division will
719		-	require an additional 0.5 FTE. To implement this act, the division may use
720		-	this appropriation for general courts administration.
721		-	SECTION 11. Appropriation - adjustments to 2023 long bill. To
722		-	implement this act, the general fund appropriation made in the annual
723		-	general appropriation act for the 2023-24 state fiscal year to the judicial
724		-	department for use by the probation and related services for probation
725		-	programs is decreased by $136,680, and the related FTE is decreased by 1.9
726		-	FTE.
727		-	SECTION 12. Safety clause. The general assembly hereby finds,
728		-	PAGE 16-SENATE BILL 23-164 determines, and declares that this act is necessary for the immediate
729		-	preservation of the public peace, health, or safety.
730		-	____________________________ ____________________________
731		-	Steve Fenberg Julie McCluskie
732		-	PRESIDENT OF SPEAKER OF THE HOUSE
733		-	THE SENATE OF REPRESENTATIVES
734		-	____________________________ ____________________________
735		-	Cindi L. Markwell Robin Jones
736		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
737		-	THE SENATE OF REPRESENTATIVES
738		-	APPROVED________________________________________
739		-	(Date and Time)
740		-	_________________________________________
741		-	Jared S. Polis
742		-	GOVERNOR OF THE STATE OF COLORADO
743		-	PAGE 17-SENATE BILL 23-164
	649	+	UPERVISING OFFICERS SHALL FOLLOW THE GUIDELINES AND26
	650	+	STANDARDS DEVELOPED PURSUANT TO THIS SECTION WHEN WORKING27
	651	+	164
	652	+	-18- WITH SEX OFFENDERS. AGENCIES EMPLOYING SUPERVISING OFFICERS1
	653	+	SHALL COLLABORATE WITH THE BOARD TO DEVELOP PROCEDURES TO HOLD2
	654	+	ACCOUNTABLE A SUPERVISING OFFICER WHO FAILS TO FOLLOW THE3
	655	+	GUIDELINES AND STANDARDS .4
	656	+	SECTION 7. In Colorado Revised Statutes, 18-1.3-101, amend5
	657	+	(6) as follows:6
	658	+	18-1.3-101. Pretrial diversion - appropriation - repeal.( 6) In7
	659	+	a jurisdiction that receives state moneys for the creation or operation of8
	660	+	diversion programs pursuant to this section, an individual accused of a9
	661	+	sex offense as defined in section 18-1.3-1003 (5) is not eligible for10
	662	+	pretrial diversion unless charges have been filed and, after the individual11
	663	+	has had an opportunity to consult with counsel, the individual has12
	664	+	completed a sex-offense-specific evaluation, which includes the use of a13
	665	+	sex-offense-specific risk assessment instrument, conducted by an14
	666	+	evaluator approved by the sex offender management board as required by15
	667	+	section 16-11.7-103 (4). C.R.S. The district attorney may agree to place16
	668	+	the individual in the diversion program established by the district attorney17
	669	+	pursuant to this section if he or she finds that, based on the results of that18
	670	+	evaluation and the other factors in subsection (3) of this section, the19
	671	+	individual is appropriate for the program. Notwithstanding that a20
	672	+	successfully completed diversion agreement does not constitute a history21
	673	+	of sex offenses for purposes of sections 16-11.7-102 (2)(a)(II),22
	674	+	16-11.7-102 (2)(a)(IV)(C), and 16-22-103 (2)(d), C.R.S., the information23
	675	+	constituting the crimes charged and facts alleged shall be available for use24
	676	+	by a court, district attorney, any law enforcement agency, or agency of the25
	677	+	state judicial department, if otherwise permitted by law, in any subsequent26
	678	+	criminal investigation, prosecution, risk or needs assessment evaluation,27
	679	+	164
	680	+	-19- sentencing hearing, or during a probation or parole supervision period.1
	681	+	SECTION 8. In Colorado Revised Statutes, 17-22.5-404, amend2
	682	+	(6)(b) as follows:3
	683	+	17-22.5-404. Parole guidelines - definition. (6) (b) The state4
	684	+	board of parole shall also determine whether a decision granting,5
	685	+	revoking, or denying parole conformed with or departed from the6
	686	+	administrative guidelines created pursuant to section 17-22.5-1077
	687	+	SECTIONS 17-22.5-107 AND 16-11.7-103 (4)(m) and, if the decision was8
	688	+	a departure from the guidelines, the reason for the departure. The data9
	689	+	collected pursuant to this paragraph (b) SUBSECTION (6) are subject to the10
	690	+	same victim protections descrbed in paragraph (a) of this subsection (6)11
	691	+	SUBSECTION (4)(a) OF THIS SECTION.12
	692	+	SECTION 9. In Colorado Revised Statutes, 24-34-104, repeal13
	693	+	(24)(a)(XIII); and add (29)(a)(XVII) as follows:14
	694	+	24-34-104. General assembly review of regulatory agencies15
	695	+	and functions for repeal, continuation, or reestablishment - legislative16
	696	+	declaration - repeal. (24) (a) The following agencies, functions, or both,17
	697	+	are scheduled for repeal on September 1, 2023:18
	698	+	(XIII) The sex offender management board created in section19
	699	+	16-11.7-103.20
	700	+	(29) (a) The following agencies, functions, or both, are scheduled21
	701	+	for repeal on September 1, 2028:22
	702	+	(XVII) T
	703	+	HE SEX OFFENDER MANAGEMENT BOARD CREATED IN
	704	+	23
	705	+	SECTION 16-11.7-103.24
	706	+	SECTION 10. Appropriation. (1) For the 2023-24 state fiscal25
	707	+	year, $163,946 is appropriated to the department of public safety for use26
	708	+	by the division of criminal justice. This appropriation is from the general27
	709	+	164
	710	+	-20- fund and is based on an assumption that the division will require an1
	711	+	additional 1.8 FTE. To implement this act, the division may use this2
	712	+	appropriation for sex offender supervision. 3
	713	+	(2) For the 2023-24 state fiscal year, $43,122 is appropriated to4
	714	+	the judicial department for use by courts administration. This5
	715	+	appropriation is from the general fund and is based on an assumption that6
	716	+	the division will require an additional 0.5 FTE. To implement this act, the7
	717	+	division may use this appropriation for general courts administration.8
	718	+	SECTION 11. Appropriation - adjustments to 2023 long bill.9
	719	+	To implement this act, the general fund appropriation made in the annual10
	720	+	general appropriation act for the 2023-24 state fiscal year to the judicial11
	721	+	department for use by the probation and related services for probation12
	722	+	programs is decreased by $136,680, and the related FTE is decreased by13
	723	+	1.9 FTE.14
	724	+	SECTION 12. Safety clause. The general assembly hereby finds,15
	725	+	determines, and declares that this act is necessary for the immediate16
	726	+	preservation of the public peace, health, or safety.17
	727	+	164
	728	+	-21-