Indeterminate Sex Offender Sentencing
The introduction of SB 118 directly impacts the administrative procedures of the Department of Corrections, as it outlines a requirement for prioritizing the treatment of high-risk sex offenders. The bill mandates that all eligible inmates must be offered and complete sex offender treatment during their time in custody, thus altering the longstanding provisions where some offenders might have been paroled without adequate treatment options. The legislation also expects the Department to evaluate inmates and position treatment capabilities to minimize wait times and ensure timely access to necessary services.
Senate Bill 118 aims to reform the current sentencing practices for sex offenders in Colorado, specifically targeting the indeterminate sentences that have been standard for certain types of offenses. This bill proposes to eliminate indeterminate prison sentences, except for those related to Colorado's Jessica's Law, replacing them with mandatory minimum determinate sentences. These will require offenders to serve at least 75% of their sentence before becoming eligible for parole, while also mandating that specific classes of sex offenders complete treatment either during incarceration or in the community.
Notable points of contention regarding SB 118 stem primarily from fears about public safety and the recidivism rates of sex offenders. Critics of the bill worry that transitioning to determinate sentences may lead to earlier releases without ensuring adequate treatment has been completed. Proponents argue that evidence shows many offenders can reintegrate successfully into society if provided the appropriate resources and therapy. There are concerns that without structured treatment protocols in place, the legislative change could inadvertently increase risk factors associated with recidivism.