SENATE BILL 23-164
BY SENATOR(S) Gonzales and Gardner, Buckner, Coleman, Exum,
Fields, Hansen, Kolker, Lundeen, Pelton B., Priola, Rich, Smallwood;
also REPRESENTATIVE(S) Bacon and Weissman, Michaelson Jenet.
C
ONCERNING THE CONTINUATION OF THE SEX OFFENDER MANAGEMENT
BOARD
, AND, IN CONNECTION THEREWITH , IMPLEMENTING THE
RECOMMENDATIONS CONTAINED IN THE
2022 SUNSET REPORT BY THE
DEPARTMENT OF REGULATORY AGENCIES AND MAKING AN
APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 16-11-102, amend
(1)(b)(I) introductory portion as follows:
16-11-102. Presentence or probation investigation. (1)
(b) (I) Each presentence report prepared regarding a sex offender, as
defined in section 16-11.7-102 (2)
SECTION 16-11.7-102 (2)(a)(I) TO
(2)(a)(III), OR IF REQUESTED BY THE PROSECUTING ATTORNEY OR COURT FOR
A PERSON WHO MAY BE DETERMINED TO BE A SEX OFFENDER BASED UPON A
PRIOR OFFENSE PURSUANT TO SECTION
16-11.7-102 (2)(a)(IV), with respect
to any offense committed on or after January 1, 1996, shall MUST contain
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. the results of an evaluation and identification conducted pursuant to article
11.7 of this title TITLE 16; except that:
SECTION 2. In Colorado Revised Statutes, 16-11.7-102, amend
(1), (1.5), and (2)(a) as follows:
16-11.7-102. Definitions. As used in this article 11.7, unless the
context otherwise requires:
(1) "Adult sex offender" means a person who has been convicted,
as described in subparagraphs (I) to (III) of paragraph (a) of subsection (2)
SUBSECTION (2)(a)(I), (2)(a)(II), OR (2)(a)(IV) of this section, of a sex
offense,
BUT DOES NOT INCLUDE A PERSON WHO MEETS THE DEFINITION OF
A
"JUVENILE WHO HAS COMMITTED A SEXUAL OFFENSE ", AS DEFINED IN
SUBSECTION
(1.5) OF THIS SECTION, UNLESS THE PERSON HAS ALSO BEEN
CONVICTED OF A SEX OFFENSE COMMITTED ON OR AFTER THE DAY THE
PERSON ATTAINED EIGHTEEN YEARS OF AGE OR WHO IS SENTENCED FOR A
SEX OFFENSE ON OR AFTER THE PERSON ATTAINED TWENTY
-ONE YEARS OF
AGE
.
(1.5) "Juvenile who has committed a sexual offense" means a
juvenile who
WAS LESS THAN EIGHTEEN YEARS OF AGE AT THE TIME OF THE
SEX OFFENSE AND WHO
has been adjudicated as a juvenile or who receives
a deferred adjudication
OR WHO IS SENTENCED PRIOR TO ATTAINING
TWENTY
-ONE YEARS OF AGE AFTER BEING CRIMINALLY CONVICTED IN THE
DISTRICT COURT PURSUANT TO SECTION
19-2-517 OR 19-2-518 on or after
July 1, 2002,
OR SECTION 19-2.5-801 OR 19-2.5-802, ON OR AFTER OCTOBER
1, 2021, for an offense that would constitute a sex offense, as defined in
subsection (3) of this section, if committed as an adult, or a juvenile who
has committed any offense, the underlying factual basis of which involves
a sex offense.
(2) (a) "Sex offender" means any person who is:
(I) Convicted in the state of Colorado, on or after January 1, 1994,
of any sex offense as defined in subsection (3) of this section; or
(II) Convicted in the state of Colorado on or after January 1, 1994,
of any criminal offense, if such person has previously been convicted of a
sex offense as described in subsection (3) of this section in the state of
PAGE 2-SENATE BILL 23-164 Colorado, or if such person has previously been convicted in any other
jurisdiction of any offense that would constitute a sex offense as defined in
subsection (3) of this section, or if such person has a history of any sex
offenses as defined in subsection (3) of this section; or
(III) (II) Convicted in the state of Colorado on or after July 1, 2000,
of any criminal offense, the underlying factual basis of which involves a sex
offense; or
(IV) (III) A juvenile who has committed a sexual offense; OR
(IV) A PERSON WHO:
(A) W
AS EVALUATED BECAUSE OF A DISCRETIONARY REQUEST BY A
PROSECUTING ATTORNEY OR COURT PURSUANT TO SECTION
16-11-102; AND
(B) A COURT DETERMINES SHOULD UNDERGO SEX OFFENDER
TREATMENT BASED UPON THE RECOMMENDATIONS OF THE EVALUATION AND
IDENTIFICATION PURSUANT TO SECTION
16-11.7-104; AND
(C) IS CONVICTED IN THE STATE OF COLORADO ON OR AFTER
JANUARY 1, 1994, OF ANY CRIMINAL OFFENSE AND , IF THE PERSON HAS
PREVIOUSLY BEEN CONVICTED OF A SEX OFFENSE AS DEFINED IN SUBSECTION
(3) OF THIS SECTION, IN THE STATE OF COLORADO; OR IF THE PERSON HAS
PREVIOUSLY BEEN CONVICTED IN ANY OTHER JURISDICTION OF ANY OFFENSE
THAT WOULD CONSTITUTE A SEX OFFENSE AS DEFINED IN SUBSECTION
(3) OF
THIS SECTION
; OR IF THE PERSON HAS A HISTORY OF ANY SEX OFFENSES AS
DEFINED IN SUBSECTION
(3) OF THIS SECTION.
SECTION 3. In Colorado Revised Statutes, 16-11.7-103, amend
(4)(b)(I), (4)(j)(I), and (6); and add (4)(h.5) and (4)(m) as follows:
16-11.7-103. Sex offender management board - creation - duties
- repeal. (4) Duties of the board. The board shall carry out the following
duties:
(b) Guidelines and standards for treatment of adult offenders.
(I) The board shall develop, implement, and revise, as appropriate,
guidelines and standards to treat adult sex offenders, including adult sex
offenders with intellectual and developmental disabilities, incorporating in
PAGE 3-SENATE BILL 23-164 the guidelines and standards the concepts of the risk-need-responsivity or
another evidence-based correctional model, which guidelines and standards
can be used in the treatment of offenders who are placed on probation,
incarcerated with the department of corrections, placed on parole, or placed
in community corrections. Programs implemented pursuant to the guidelines
and standards developed pursuant to this subsection (4)(b) must be as
flexible as possible so that the programs may be accessed by each adult sex
offender to prevent the offender from harming victims and potential
victims. Programs must include a continuing monitoring process and a
continuum of treatment options available to an adult sex offender as he or
she THE OFFENDER proceeds through the criminal justice system. Treatment
options must be determined by a current risk assessment and evaluation and
may include, but need not be limited to, group counseling, individual
counseling, family counseling, outpatient treatment, inpatient treatment,
shared living arrangements, or treatment in a therapeutic community.
Programs implemented pursuant to the guidelines and standards developed
pursuant to this subsection (4)(b) must, to the extent possible, be accessible
to all adult sex offenders in the criminal justice system, including those
offenders with behavioral, mental health, and co-occurring disorders
AND
MUST ENSURE
, TO THE EXTENT POSSIBLE, THAT TREATMENT IS RESPONSIVE
TO THE AGE AND DEVELOPMENTAL STATUS OF THE OFFENDER AT THE TIME
OF TREATMENT
, AS WELL AS THE LINGUISTIC, CULTURAL, RELIGIOUS, AND
RACIAL CHARACTERISTICS
; SEXUAL ORIENTATION, AS DEFINED IN SECTION
24-34-301; GENDER IDENTITY, AS DEFINED IN SECTION 24-34-301; AND
GENDER EXPRESSION
, AS DEFINED IN SECTION 24-34-301, OF THE OFFENDERS
SERVED
. The procedures for evaluation, identification, treatment, and
monitoring developed pursuant to this subsection (4) must be implemented
only to the extent that money is available in the sex offender surcharge fund
created in section 18-21-103 (3).
(h.5) Compliance reviews of treatment providers. B
EGINNING
SEPTEMBER 1, 2024, AND EVERY TWO YEARS THEREAFTER , THE BOARD
SHALL PERFORM A COMPLIANCE REVIEW OF AT LEAST TEN PERCENT OF
TREATMENT PROVIDERS
.
(j) (I) Guidelines and standards for treatment of juveniles who
have committed a sexual offense. The board shall develop, implement, and
revise, as appropriate, guidelines and standards to treat juveniles who have
committed
A sexual offenses
OFFENSE, including juveniles with intellectual
and developmental disabilities, incorporating in the guidelines and
PAGE 4-SENATE BILL 23-164 standards the concepts of the risk-need-responsivity or another
evidence-based correctional model, which guidelines and standards may be
used for juvenile offenders
JUVENILES who are placed on probation,
committed to the department of human services,
SENTENCED TO
COMMUNITY CORRECTIONS
, SENTENCED TO THE DEPARTMENT OF
CORRECTIONS
, placed on parole, or placed in out-of-home placement.
Programs implemented pursuant to the guidelines and standards developed
pursuant to this subsection (4)(j) must be as flexible as possible so that the
programs may be accessed by each juvenile offender
to prevent him or her
THE JUVENILE from harming victims and potential victims. Programs must
provide a continuing monitoring process and a continuum of treatment
options available to
AS a juvenile offender as he or she proceeds through the
juvenile
OR CRIMINAL justice system. Treatment options may include, but
need not be limited to, group counseling, individual counseling, family
counseling, outpatient treatment, inpatient treatment, shared living
arrangements, and treatment in a therapeutic community. Programs
implemented pursuant to the guidelines and standards developed pursuant
to this subsection (4)(j) must be, to the extent possible, accessible to all
juveniles who have committed sexual offenses and who are in the juvenile
OR CRIMINAL justice system, including juveniles with behavioral, mental
health, or co-occurring disorders
AND MUST ENSURE, TO THE EXTENT
POSSIBLE
, THAT TREATMENT IS RESPONSIVE TO THE AGE AND
DEVELOPMENTAL STATUS OF THE JUVENILE AT THE TIME OF TREATMENT
, AS
WELL AS THE LINGUISTIC
, CULTURAL, RELIGIOUS, AND RACIAL
CHARACTERISTICS
; SEXUAL ORIENTATION , AS DEFINED IN SECTION
24-34-301; GENDER IDENTITY, AS DEFINED IN SECTION 24-34-301; AND
GENDER EXPRESSION
, AS DEFINED IN SECTION 24-34-301, OF THE JUVENILES
SERVED
.
(m) Release guideline instrument for sex offenders with
determinate sentences. (I)
ON OR BEFORE DECEMBER 1, 2023, AND AS
INDICATED THEREAFTER
, THE BOARD, IN COLLABORATION WITH THE STATE
BOARD OF PAROLE
, SHALL REVISE THE SPECIFIC SEX OFFENDER RELEASE
GUIDELINE INSTRUMENT
, AS REQUIRED BY SECTION 17-22.5-404 (4)(c)(II),
FOR USE BY THE STATE BOARD OF PAROLE FOR THOSE INMATES CLASSIFIED
AS SEX OFFENDERS WITH DETERMINATE SENTENCES
. THE REVISED RELEASE
GUIDELINE INSTRUMENT MUST INCORPORATE THE CONCEPTS OF
RISK
-NEED-RESPONSIVITY OR ANOTHER EVIDENCE -BASED CORRECTIONAL
MODEL AND MUST BE AS FLEXIBLE AS POSSIBLE TO ENSURE THAT THE
PROGRAMS NECESSARY CAN BE TIMELY ACCESSED BY THE ADULT SEX
PAGE 5-SENATE BILL 23-164 OFFENDER TO PREVENT THE OFFENDER FROM HARMING VICTIMS OR
POTENTIAL VICTIMS
. THE REVISED RELEASE GUIDELINE INSTRUMENT MUST
CONSIDER THE INTERSECTION OF THE GUIDELINE INSTRUMENT WITH THE
FACTORS OUTLINED IN SECTION
17-22.5-404 (4)(a); HOWEVER, THE RELEASE
GUIDELINE INSTRUMENT MUST NOT INCLUDE THE OFFENDER
'S INABILITY TO
ACCESS TREATMENT DURING INCARCERATION
, WHEN DETERMINED TO BE
ELIGIBLE FOR TREATMENT WITHIN THE DEPARTMENT OF CORRECTIONS
, AS A
BASIS FOR DENIAL OF PAROLE
.
(II) I
N DEVELOPING THE REVISED RELEASE GUIDELINE INSTRUMENT ,
THE BOARDS SHALL CONSIDER CURRENT RESEARCH , INFORMATION, AND
DATA REGARDING
:
(A) F
ACTORS CONSISTENT WITH THE OFFENDER 'S INDIVIDUAL STATIC
AND DYNAMIC RISK AND WHETHER PARTICIPATION IN TREATMENT WHILE
INCARCERATED WILL SIGNIFICANTLY REDUCE THE RISK PRIOR TO RELEASE
;
(B) T
HE MOST EFFECTIVE USE OF LIMITED TREATMENT RESOURCES
WITHIN THE DEPARTMENT OF CORRECTIONS
;
(C) T
HE AVAILABILITY OR LACK OF AVAILABILITY OF TREATMENT
DURING INCARCERATION FOR OFFENDERS WITH DETERMINATE SENTENCES
WHO MIGHT OTHERWISE BE ELIGIBLE FOR RELEASE PURSUANT TO SECTION
17-22.5-404 (4)(a); AND
(D) THE EFFICACY OF TREATMENT AS A CONDITION OF COMMUNITY
SUPERVISION ON PAROLE
.
(6) Repeal. This section is repealed, effective September 1, 2023
SEPTEMBER 1, 2028. Before the repeal, this section is scheduled for review
in accordance with section 24-34-104.
SECTION 4. In Colorado Revised Statutes, 16-11.7-104, amend
(1) as follows:
16-11.7-104. Sex offenders - evaluation and identification
required. (1) W
HEN REQUIRED AS PART OF THE PRESENTENCE OR
PROBATION INVESTIGATION PURSUANT TO SECTIONS
16-11-102 (1)(b)(I) AND
16-11.7-102 (2)(a)(I) TO (2)(a)(IV), on and after January 1, 1994, each
convicted adult sex offender and juvenile who has committed a sexual
PAGE 6-SENATE BILL 23-164 offense who is to be considered for probation shall be IS required as a part
of the presentence or probation investigation required pursuant to section
16-11-102, to submit to an evaluation for treatment, an evaluation for risk,
procedures required for monitoring of behavior to protect victims and
potential victims, and an identification developed pursuant to section
16-11.7-103 (4).
SECTION 5. In Colorado Revised Statutes, 16-11.7-105, amend
(2); and add (1.5) and (3) as follows:
16-11.7-105. Sentencing of sex offenders - treatment based upon
evaluation and identification required - subcommittee created.
(1.5) (a) T
HE DEPARTMENT OF CORRECTIONS SHALL IDENTIFY ALL INMATES
WHO ARE CLASSIFIED TO UNDERGO TREATMENT
, ARE ELIGIBLE TO RECEIVE
TREATMENT PURSUANT TO THE DEPARTMENT OF CORRECTIONS
' POLICY, AND
HAVE NOT BEEN PROVIDED WITH THE OPPORTUNITY TO UNDERGO
TREATMENT WHILE INCARCERATED
. FOR EACH INMATE, THE DEPARTMENT
OF CORRECTIONS SHALL PROVIDE THE FOLLOWING DATA TO THE BOARD ON
OR BEFORE
JULY 31, 2023:
(I) T
HE INMATE'S DEPARTMENT OF CORRECTIONS IDENTIFICATION
NUMBER
;
(II) T
HE DATE OF THE INMATE 'S SENTENCE, THE CRIME OF
CONVICTION
, AND LENGTH OF THE SENTENCE , INCLUDING LENGTH OF
PAROLE
;
(III) W
HETHER THE SENTENCE TO THE DEPARTMENT OF
CORRECTIONS WAS A RESULT OF A PAROLE REVOCATION
;
(IV) T
HE DATE THE INMATE WAS PLACED ON THE GLOBAL REFERRAL
LIST AS ESTABLISHED BY THE DEPARTMENT OF CORRECTIONS
;
(V) T
HE ACTUAL OR PROJECTED PAROLE ELIGIBILITY DATE AND
MANDATORY RELEASE DATE
, AS OF JULY 31, 2023, AS WELL AS, IF
APPLICABLE
, WHETHER THE INMATE IS ENROLLED IN OR HAS PARTICIPATED
IN TRACK
I OR TRACK II TREATMENT, OR WHETHER THE INMATE HAS BEEN
PLACED IN THE MAINTENANCE PHASE
; AND
(VI) THE DEPARTMENT OF CORRECTIONS S5 QUALIFIER CODE FOR
PAGE 7-SENATE BILL 23-164 THE INMATE, IF ANY.
(b) T
HE DEPARTMENT OF CORRECTIONS SHALL FURTHER IDENTIFY ,
IN WRITING:
(I) I
N THE AGGREGATE, VALIDATED STATIC RISK ASSESSMENT SCORES
OF THE INMATES DESCRIBED IN THIS SECTION
, IF AVAILABLE, SEPARATELY
IDENTIFYING THOSE SERVING INDETERMINATE AND DETERMINATE
SENTENCES
;
(II) T
HE TOTAL TREATMENT CAPACITY IN THE DEPARTMENT OF
CORRECTIONS AND
, FOR EACH FACILITY PROVIDING SEX OFFENDER
TREATMENT AND MONITORING PROGRAM TREATMENT SERVICES
, THE
TREATMENT PROGRAM CAPACITY AND THE PHASES OR TRACKS OF
TREATMENT OFFERED
;
(III) T
HE NAMES OF ALL BOARD-APPROVED PROVIDERS EMPLOYED BY
OR CONTRACTING WITH THE DEPARTMENT OF CORRECTIONS
, THE AMOUNT OF
TIME EACH PROVIDER OR CONTRACTOR HAS BEEN WORKING WITH THE
DEPARTMENT OF CORRECTIONS
, AND AT WHICH LOCATION EACH PROVIDER
OR CONTRACTOR IS PROVIDING SERVICES EACH MONTH
;
(IV) T
HE FREQUENCY OF SEX OFFENDER TREATMENT AND
MONITORING PROGRAM TREATMENT GROUPS AND THE FREQUENCY OF
CANCELLATION OF SUCH GROUPS IN ALL FACILITIES
;
(V) T
HE NUMBER OF OPEN POSITIONS FOR ANY SEX OFFENDER
TREATMENT AND MONITORING PROGRAM PROVIDERS
, INCLUDING GROUP
THERAPY POSITIONS
, POLYGRAPH PROVIDERS, OR ANY OTHER POSITIONS
NECESSARY TO OPERATE THE PROGRAM
; AND
(VI) ANY AND ALL EFFORTS MADE BY THE DEPARTMENT OF
CORRECTIONS IN THE PAST FIVE YEARS TO INCREASE THE CAPACITY OF THE
SEX OFFENDER TREATMENT AND MONITORING PROGRAM
, FILL AND MAINTAIN
THE ALLOCATED FULL
-TIME OR CONTRACT POSITIONS , AND ANY DATA
AVAILABLE TO ADDRESS ANY HIRING CHALLENGES IDENTIFIED BY THE
DEPARTMENT
.
(c) T
HE DEPARTMENT OF CORRECTIONS SHALL PROVIDE THIS DATA
TO THE BOARD PRIOR TO
JULY 31, 2023. THE BOARD SHALL FORM A
PAGE 8-SENATE BILL 23-164 SUBCOMMITTEE WITH REPRESENTATIVES FROM THE BOARD , COMMUNITY SEX
OFFENDER TREATMENT PROVIDERS
, THE DEPARTMENT OF CORRECTIONS, THE
DIVISION OF ADULT PAROLE IN THE DEPARTMENT OF CORRECTIONS
, AND THE
STATE PAROLE BOARD CREATED PURSUANT TO SECTION
17-2-201. THE
PURPOSE OF THE SUBCOMMITTEE IS TO DEVELOP SOLUTIONS TO ADDRESS
TREATMENT RESOURCES FOR SEX OFFENDERS WHO ARE INCARCERATED OR
IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS
, INCLUDING A LEGAL
AND EVIDENCE
-BASED ANALYSIS OF INMATES WHO ARE REQUIRED TO
PROGRESS IN TREATMENT IN THE DEPARTMENT OF CORRECTIONS PRIOR TO
ANY RELEASE PURSUANT TO SECTION
18-1.3-1006 AND THOSE WHO ARE
CLASSIFIED BY THE DEPARTMENT OF CORRECTIONS AS AN INMATE WHO IS
REQUIRED TO PARTICIPATE IN TREATMENT
. THE SUBCOMMITTEE SHALL:
(I) A
NALYZE THE DATA PROVIDED BY THE DEPARTMENT OF
CORRECTIONS AND PREPARE A COMPREHENSIVE REPORT ON THE CURRENT
PRISON POPULATION TO IDENTIFY INMATES WHO ARE ELIGIBLE TO RECEIVE
TREATMENT
, WITH SPECIAL PRIORITY TOWARDS INMATES WHO ARE PAST
PAROLE ELIGIBILITY DATE
, HAVE NOT BEEN PROVIDED A TREATMENT
OPPORTUNITY
, AND REQUIRE TREATMENT TO MEET COMMUNITY
CORRECTIONS OR PAROLE ELIGIBILITY REQUIREMENTS PURSUANT TO SECTION
18-1.3-301 (1)(f), 18-1.3-1006, AND 17-22.5-404 (4)(c)(II);
(II) I
DENTIFY ALL BARRIERS THE DEPARTMENT OF CORRECTIONS
FACES IN PROVIDING TIMELY ACCESS TO TREATMENT TO INMATES WHO
REQUIRE TREATMENT TO MEET PAROLE ELIGIBILITY REQUIREMENTS
PURSUANT TO SECTIONS
18-1.3-1006 AND 17-22.5-404 (4)(c)(II) AND MAKE
RECOMMENDATIONS FOR WORKABLE SOLUTIONS TO INCREASE TREATMENT
ACCESS IN THE DEPARTMENT OF CORRECTIONS
, INCLUDING EVIDENCE-BASED,
VALIDATED PROJECTIONS DEVELOPED IN CONJUNCTION WITH THE DIVISION
OF CRIMINAL JUSTICE EXPERTS IN PRISON POPULATION PROJECTIONS
, FOR THE
DECREASE IN BACKLOG THAT WOULD OCCUR WITH THE IMPLEMENTATION OF
ANY SOLUTIONS
;
(III) D
ETERMINE WHICH, IF ANY, STANDARDS ARE BARRIERS TO
PROVIDING TIMELY ACCESS TO TREATMENT AND MAKE RECOMMENDATIONS
CONCERNING CHANGES OR EXCEPTIONS TO THE STA NDARDS FOR SEX
OFFENDERS INCARCERATED IN THE DEPARTMENT OF CORRECTIONS
;
(IV) R
EVIEW AND CONSIDER REVISIONS TO THE DEPARTMENT OF
CORRECTIONS POLICIES AND ADMINISTRATIVE REGULATIONS TO PREVENT
PAGE 9-SENATE BILL 23-164 UNNECESSARY BACKLOG IN MAKING TREATMENT ACCESSIBLE TO INMATES
WHO REQUIRE TREATMENT TO MEET PAROLE ELIGIBILITY REQUIREMENTS
;
(V) R
EVIEW THE CRITERIA ESTABLISHED PURSUANT TO SECTION
18-1.3-1009 AND MAKE REVISIONS TO POLICIES OF THE DEPARTMENT OF
CORRECTIONS AND ADMINISTRATIVE REGULATIONS TO PREVENT
UNNECESSARY BACKLOG IN MAKING TREATMENT ACCESSIBLE TO INMATES
WHO REQUIRE TREATMENT TO MEET PAROLE ELIGIBILITY REQUIREMENTS
PURSUANT TO SECTION
18-1.3-1006;
(VI) R
EVIEW PAROLE GUIDELINES FOR THOSE INMATES CLASSIFIED
AS SEX OFFENDERS WITH DETERMINATE SENTENCES ESTABLISHED PURSUANT
TO SECTION
17-22.5-404 AND MAKE REVISIONS AS NECESSARY TO PREVENT
UNNECESSARY BACKLOG IN MAKING TREATMENT ACCESSIBLE TO INMATES
WHO REQUIRE TREATMENT TO MEET PAROLE ELIGIBILITY REQUIREMENTS
;
(VII) D
ETERMINE WHETHER ADDITI ONAL TREATMENT PROVIDERS
WILL CONTRACT WITH THE DEPARTMENT OF CORRECTIONS TO PROVIDE
EVALUATION OR TREATMENT SERVICES TO INCARCERATED INDIVIDUALS AND
MAKE WORKABLE RECOMMENDATIONS CONCERNING HOW TO IMMEDIATELY
INCREASE INMATE ACCESS TO THOSE APPROVED PROVIDERS
;
(VIII) D
ETERMINE WHETHER INCREASED FUNDING OR ANY OTHER
RESOURCES COULD MAKE ACCESS TO TELEHEALTH TREATMENT VIABLE FOR
INMATES AND THE AMOUNT OF INCREASED FUNDING OR RESOURCES
NECESSARY TO ACCOMPLISH THIS GOAL
; AND
(IX) IN CONSIDERATION OF ANY EXISTING TREATMENT BACKLOG AND
OF FINITE TREATMENT RESOURCES
, MAKE RECOMMENDATIONS FOR
PROCURING OR MAKING AVAILABLE SUFFICIENT TREATMENT RESOURCES
WITHOUT NEGATIVELY IMPACTING PUBLIC SAFETY AND PROTECTION OF
VICTIMS
.
(d) T
HE SUBCOMMITTEE CREATED IN SUBSECTION (1.5)(c) OF THIS
SECTION SHALL PRESENT ITS WRITTEN FINDINGS IN A REPORT AND PROPOSAL
TO THE JUDICIARY COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND
THE SENATE
, OR ANY SUCCESSOR COMMITTEES, ON OR BEFORE FEBRUARY 1,
2024.
THE DEPARTMENT OF CORRECTIONS AND THE PAROLE BOARD SHALL
COMMENT ON THE REPORT
'S FINDINGS AND RECOMME NDATIONS ON OR
BEFORE
MARCH 1, 2024.
PAGE 10-SENATE BILL 23-164 (2) For offenders who begin community supervision on or after
August 10, 2016 THE EFFECTIVE DATE OF THIS SUBSECTION (2), AS
AMENDED
, the supervising agency of each adult sex offender and juvenile
who has committed a sexual offense shall provide the offender with achoice of two appropriate treatment provider agencies staffed by approved
providers unless the supervising agency documents in the file that, based
upon the nature of the program offered, the needs of the offender, or the
proximity of the appropriate treatment provider agency, fewer than two such
agencies can meet the specific needs of the offender, ensure the safety of
the public, and provide the supervising agency with reasonable access to the
treatment provider agency and the offender during the course of treatment.
ACCESS TO A COMPLETE LIST OF TREATMENT PROVIDERS WHO ARE APPROVED
PURSUANT TO SECTION
16-11.7-106 AND WHO HAVE THE EXPERTISE TO
WORK WITH THE SPECIFIC RISKS AND NEEDS OF THAT PARTICULAR OFFENDER
.
T
HE SUPERVISING AGENCY SHALL ALSO MAKE SPECIFIC RECOMMENDATIONS
TO THE OFFENDER
. WHEN MAKING A LIST OF REFERRALS, THE SUPERVISING
AGENCY SHALL CONSIDER THE INDIVIDUAL RISKS AND TREATMENT NEEDS OF
THE PARTICULAR OFFENDER
, ABILITY OF THE TREATMENT PROVIDER TO
ACCEPT NEW CLIENTS
, GEOGRAPHIC PROXIMITY OF THE PROVIDER , AND THE
NATURE OF THE PROGRAMS
, AND TAILOR REFERRALS TO THOSE
CONSIDERATIONS AND ANY OTHER FACTOR RELEVANT TO THE TREATMENT
NEEDS OF THE OFFENDER
, CAPABILITY OF THE PROVIDER, AND SAFETY OF THE
COMMUNITY
. FOR AN OFFENDER WHO IS A PERSON WITH AN INTELLECTUAL
AND DEVELOPMENTAL DISABILITY
, AS DESCRIBED IN SECTION 25.5-10-202,
THE SUPERVISING AGENCY SHALL REFER THAT OFFENDER TO A PROVIDER
APPROVED BY THE SEX OFFENDER MANAGEMENT BOARD TO WORK WITH
THAT POPULATION
. FOR OFFENDERS WHO PREFER TO DO TREATMENT IN A
LANGUAGE OTHER THAN
ENGLISH, REFERRALS MUST BE OFFERED , WHEN
POSSIBLE
, TO PROVIDERS WHO ARE FLUENT IN THE TARGET LANGUAGE . Once
selected, the treatment provider
OR agency may not be changed by the
offender without the approval of the community supervision team, the
multidisciplinary team, or the court,
EXCEPT THE OFFENDER MAY CHANGE
THE TREATMENT PROVIDER OR AGENCY ONCE WITHIN NINETY DAYS OF THE
COURT IMPOSING SENTENCE OR THE OFFENDER
'S RELEASE ON PAROLE.
(3) T
HE REQUIREMENTS OF SUBSECTION (2) OF THIS SECTION DO NOT
APPLY TO THE DIVISION OF YOUTH SERVICES BASED ON THE NATURE OF THE
PROGRAM
, THE COMPLEX NEEDS OF THE JUVENILES SERVED , AND THE
PLACEMENTS AND APPROVED TREATMENT PROVIDERS AVAILABLE TO WORK
WITH JUVENILES FROM THE DIVISION OF YOUTH SERVICES
. THE DIVISION OF
PAGE 11-SENATE BILL 23-164 YOUTH SERVICES SHALL ASSIGN J UVENILES WHO HAVE COMMITTED A
SEXUAL OFFENSE TO A TREATMENT PROVIDER BASED ON THE INDIVIDUAL
RISKS AND NEEDS OF THE JUVENILE AND HAVE PROCEDURES IN PLACE TO
ALLOW FOR A JUVENILE OR FAMILY TO REQUEST A CHANGE IN TREATMENT
PROVIDERS BASED ON RESPONSIVITY FACTORS
. THE MULTIDISCIPLINARY
TEAM FOR THE JUVENILE SHALL REVIEW ALL REQUESTS FOR CHANGES IN
TREATMENT PROVIDERS AND APPROVE REQUESTS IF THE MULTIDISCIPLINARY
TEAM DETERMINES THE JUVENILE
'S RISKS, NEEDS, AND RESPONSIVITY
FACTORS CAN BE BETTER SERVED BY AN ALTERNATE TREATMENT PROVIDER
.
SECTION 6. In Colorado Revised Statutes, 16-11.7-106, amend
(2)(a) introductory portion, (2)(a)(I), and (2)(b); and add (1.5) and (8) as
follows:
16-11.7-106. Sex offender evaluation, treatment, and polygraph
services - contracts with providers - placement on provider list -
grievances - fund created - repeal. (1.5) N
OTWITHSTANDING THE
PROVISIONS OF SUBSECTION
(1) OF THIS SECTION, THE DEPARTMENT OF
CORRECTIONS MAY EMPLOY OR CONTRACT WITH AN INDIVIDUAL OR ENTITY
TO PROVIDE SEX
-OFFENDER-SPECIFIC EVALUATION, TREATMENT, OR
POLYGRAPH SERVICES PURSUANT TO THIS ARTICLE
11.7 IF THE DIRECTOR OF
THE PROGRAM IS AN APPROVED PROVIDER AND THE DEPARTMENT OPERATES
A SEX OFFENDER TREATMENT AND MONITORING PROGRAM THAT CONFORMS
WITH THE GUIDELINES AND STANDARDS DEVELOPED PURSUANT TO SECTION
16-11.7-103 AND THE EMPLOYEES AND CONTRACTORS ARE TRAINED TO
COMPLY WITH THE STANDARDS OF THE CONFORMING PROGRAM
.
(a) A
NY INDIVIDUAL PROVIDING SEX -OFFENDER-SPECIFIC
EVALUATION OR TREATMENT MUST HAVE A BACCALAUREATE DEGREE OR
ABOVE IN A BEHAVIORAL SCIENCE WITH TRAINING OR PROFESSIONAL
EXPERIENCE IN COUNSELING OR THERAPY
; MUST HOLD A PROFESSIONAL
MENTAL HEALTH LICENSE OR BE APPROVED BY THE DEPARTMENT OF
REGULATORY AGENCIES AS AN UNLICENSED PSYCHOTHERAPIST
, CERTIFIED
ADDICTION COUNSELOR
, LICENSED PROFESSIONAL COUNSELOR CANDIDATE ,
LICENSED MARRIAGE AND FAMILY THERAPIST CANDIDATE , OR PSYCHOLOGIST
CANDIDATE
; OR CLINICAL SOCIAL WORKER.
(b) A
NY POLYGRAPH EXAMINER MUST HAVE GRADUATED FROM AN
ACCREDITED
AMERICAN POLYGRAPH ASSOCIATION SCHOOL AND HAVE A
BACCALAUREATE DEGREE FROM A FOUR
-YEAR INSTITUTION OF HIGHER
PAGE 12-SENATE BILL 23-164 EDUCATION. THE DEPARTMENT OF CORRECTIONS SHALL COMPLETE
COMPLIANCE MONITORING OF CONTRACTED PROVIDERS AND POLYGRAPH
EXAMINERS WHO ARE NOT APPROVED BY THE BOARD PURSUANT TO
SUBSECTION
(1) OF THIS SECTION ON AN ANNUAL BASIS.
(c) I
N THE EVENT THAT A PROVIDER WHO CONTRACTED WITH THE
DEPARTMENT OF CORRECTIONS IS FOUND TO HAVE VIOLATED THE
GUIDELINES AND STANDARDS DEVELOPED PURSUANT TO SECTION
16-11.7-103, THE DEPARTMENT OF CORRECTIONS SHALL TERMINATE THE
CONTRACT WITH THE PROVIDER
.
(d) T
HIS SUBSECTION (1.5) IS REPEALED, EFFECTIVE SEPTEMBER 1,
2028.
PRIOR TO REPEAL, THIS SUBSECTION (1.5) IS SCHEDULED FOR REVIEW
IN ACCORDANCE WITH SECTION
16-11.7-103 (6).
(2) (a) The board shall develop an application and review process
for treatment providers, evaluators, and polygraph examiners who provide
services pursuant to this article
ARTICLE 11.7 to adult sex offenders and to
juveniles who have committed sexual offenses. The application and review
process shall
MUST allow providers to demonstrate that they are in
compliance with the standards adopted pursuant to this article ARTICLE 11.7.
The application and review process shall consist CONSISTS of the following
three parts:
(I) The board shall develop separate application and review
processes for standards that apply to the criminal justice component, such
as criminal history record checks, for evaluators, individual treatment
providers, and polygraph examiners. Applications for the criminal justice
components, including
EXCLUDING fingerprints, shall MUST be submitted to
the board. The board shall DIVISION OF CRIMINAL JUSTICE IN THE
DEPARTMENT OF PUBLIC SAFETY SHALL WORK WITH A THIRD
-PARTY VENDOR
TO TAKE AND
forward the
fingerprints to the Colorado bureau of
investigation for use in conducting a state criminal history record check and
for transmittal to the federal bureau of investigation for a national criminal
history record check. The board may use information obtained from the
state and national criminal history record checks to determine an applicant's
eligibility for placement on the approved provider list. The board shall be
IS responsible for the implementation of the provisions of this subparagraph
(I) THIS SUBSECTION (2)(a)(I).
PAGE 13-SENATE BILL 23-164 (b) After the process developed pursuant to paragraph (a) of this
subsection (2) SUBSECTION (2)(a) OF THIS SECTION is established and
providers have met all the criteria of the application and review process, the
board may approve the provider. The board and the department of
regulatory agencies shall jointly publish, at least annually, a list of approved
providers. The board shall forward the list to the office of the state court
administrator, the department of public safety, the department of human
services, and the department of corrections. The board shall update and
forward the list of approved providers as necessary.
(8) S
UPERVISING OFFICERS SHALL FOLLOW THE GUIDELINES AND
STANDARDS DEVELOPED PURSUANT TO THIS SECTION WHEN WORKING WITH
SEX OFFENDERS
. AGENCIES EMPLOYING SUPERVISING OFFICERS SHALL
COLLABORATE WITH THE BOARD TO DEVELOP PROCEDURES TO HOLD
ACCOUNTABLE A SUPERVISING OFFICER WHO FAILS TO FOLLOW THE
GUIDELINES AND STANDARDS
.
SECTION 7. In Colorado Revised Statutes, 18-1.3-101, amend (6)
as follows:
18-1.3-101. Pretrial diversion - appropriation - repeal. (6) In a
jurisdiction that receives state moneys for the creation or operation of
diversion programs pursuant to this section, an individual accused of a sex
offense as defined in section 18-1.3-1003 (5) is not eligible for pretrial
diversion unless charges have been filed and, after the individual has had
an opportunity to consult with counsel, the individual has completed a
sex-offense-specific evaluation, which includes the use of a
sex-offense-specific risk assessment instrument, conducted by an evaluator
approved by the sex offender management board as required by section
16-11.7-103 (4). C.R.S.
The district attorney may agree to place the
individual in the diversion program established by the district attorney
pursuant to this section if he or she finds that, based on the results of that
evaluation and the other factors in subsection (3) of this section, the
individual is appropriate for the program. Notwithstanding that a
successfully completed diversion agreement does not constitute a history of
sex offenses for purposes of sections 16-11.7-102 (2)(a)(II), 16-11.7-102
(2)(a)(IV)(C), and 16-22-103 (2)(d), C.R.S.,
the information constituting the
crimes charged and facts alleged shall be available for use by a court,
district attorney, any law enforcement agency, or agency of the state judicial
department, if otherwise permitted by law, in any subsequent criminal
PAGE 14-SENATE BILL 23-164 investigation, prosecution, risk or needs assessment evaluation, sentencing
hearing, or during a probation or parole supervision period.
SECTION 8. In Colorado Revised Statutes, 17-22.5-404, amend
(6)(b) as follows:
17-22.5-404. Parole guidelines - definition. (6) (b) The state board
of parole shall also determine whether a decision granting, revoking, or
denying parole conformed with or departed from the administrative
guidelines created pursuant to section 17-22.5-107
SECTIONS 17-22.5-107
AND 16-11.7-103 (4)(m) and, if the decision was a departure from the
guidelines, the reason for the departure. The data collected pursuant to this
paragraph (b)
SUBSECTION (6) are subject to the same victim protections
described in paragraph (a) of this subsection (6) SUBSECTION (4)(a) OF THIS
SECTION
.
SECTION 9. In Colorado Revised Statutes, 24-34-104, repeal
(24)(a)(XIII); and add (29)(a)(XX) as follows:
24-34-104. General assembly review of regulatory agencies and
functions for repeal, continuation, or reestablishment - legislative
declaration - repeal. (24) (a) The following agencies, functions, or both,
are scheduled for repeal on September 1, 2023:
(XIII) The sex offender management board created in section
16-11.7-103.
(29) (a) The following agencies, functions, or both, are scheduled
for repeal on September 1, 2028:
(XX) T
HE SEX OFFENDER MANAGEMENT BOARD CREATED IN SECTION
16-11.7-103.
SECTION 10. Appropriation. (1) For the 2023-24 state fiscal
year, $163,946 is appropriated to the department of public safety for use by
the division of criminal justice. This appropriation is from the general fund
and is based on an assumption that the division will require an additional
1.8 FTE. To implement this act, the division may use this appropriation for
sex offender supervision.
PAGE 15-SENATE BILL 23-164 (2) For the 2023-24 state fiscal year, $43,122 is appropriated to the
judicial department for use by courts administration. This appropriation is
from the general fund and is based on an assumption that the division will
require an additional 0.5 FTE. To implement this act, the division may use
this appropriation for general courts administration.
SECTION 11. Appropriation - adjustments to 2023 long bill. To
implement this act, the general fund appropriation made in the annual
general appropriation act for the 2023-24 state fiscal year to the judicial
department for use by the probation and related services for probation
programs is decreased by $136,680, and the related FTE is decreased by 1.9
FTE.
SECTION 12. Safety clause. The general assembly hereby finds,
PAGE 16-SENATE BILL 23-164 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 17-SENATE BILL 23-164