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Colorado Senate Bill SB118

Colorado 2024 Regular Session

Colorado Senate Bill SB118 Compare Versions

Only one version of the bill is available at this time.
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11 Second Regular Session
22 Seventy-fourth General Assembly
33 STATE OF COLORADO
44 INTRODUCED
55
66
77 LLS NO. 24-0948.01 Michael Dohr x4347
88 SENATE BILL 24-118
99 Senate Committees House Committees
1010 Judiciary
1111 A BILL FOR AN ACT
1212 C
1313 ONCERNING CHANGES TO LIFETIME SUPERVISION OF SEX OFFENDERS101
1414 TO INCREASE ACCESS TO SEX OFFENDER TREATMENT FOR102
1515 HIGH-RISK SEX OFFENDERS IN THE DEPARTMENT OF103
1616 CORRECTIONS.104
1717 Bill Summary
1818 (Note: This summary applies to this bill as introduced and does
1919 not reflect any amendments that may be subsequently adopted. If this bill
2020 passes third reading in the house of introduction, a bill summary that
2121 applies to the reengrossed version of this bill will be available at
2222 http://leg.colorado.gov
2323 .)
2424 Under current law, a person convicted of certain sex offenses is
2525 subject to an indeterminate prison sentence. The bill eliminates
2626 indeterminate prison sentences except for Colorado Jessica's Law
2727 SENATE SPONSORSHIP
2828 Gonzales,
2929 HOUSE SPONSORSHIP
3030 (None),
3131 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
3232 Capital letters or bold & italic numbers indicate new material to be added to existing law.
3333 Dashes through the words or numbers indicate deletions from existing law. convictions and imposes mandatory minimum determinate sentences with
3434 a requirement to serve 75% of the sentence before parole eligibility and
3535 an indeterminate term of parole. The bill specifies which sex offenders
3636 must complete mandatory sex offender treatment while in prison and
3737 which sex offenders may complete the treatment in the community while
3838 serving the community portion of the sex offender's sentence.
3939 Be it enacted by the General Assembly of the State of Colorado:1
4040 SECTION 1. In Colorado Revised Statutes, 16-11.7-105, amend2
4141 (1); repeal (1.5); and add (1.7) as follows:3
4242 16-11.7-105. Sentencing of sex offenders - treatment based4
4343 upon evaluation and identification required. (1) Each adult sex5
4444 offender and juvenile who has committed a sexual offense sentenced by6
4545 the court for an offense committed on or after January 1, 1994, shall be
4646 7
4747 IS required, as a part of any sentence to probation, commitment to the8
4848 department of human services, sentence to community corrections,9
4949 incarceration with the department of corrections, placement on parole, or10
5050 out-of-home placement, to undergo treatment to the extent appropriate to11
5151 such THE SEX offender based upon the recommendations of the evaluation12
5252 and identification made pursuant to section 16-11.7-104 or based upon13
5353 any subsequent recommendations by the department of corrections, the14
5454 judicial department, the department of human services, or the division of15
5555 criminal justice in the department of public safety, whichever is16
5656 appropriate. The THE SUPERVISING AGENCY. AN APPROVED PROVIDER17
5757 SHALL PROVIDE THE treatment and monitoring shall be provided by an18
5858 approved provider pursuant to section 16-11.7-106, and the SEX offender19
5959 shall pay for the treatment to the extent the
6060 SEX offender is financially20
6161 able to do so.21
6262 (1.5) (a) The department of corrections shall identify all inmates
6363 22
6464 SB24-118-2- who are classified to undergo treatment, are eligible to receive treatment1
6565 pursuant to the department of corrections' policy, and have not been2
6666 provided with the opportunity to undergo treatment while incarcerated.3
6767 For each inmate, the department of corrections shall provide the4
6868 following data to the board on or before July 31, 2023:5
6969 (I) The inmate's department of corrections identification number;6
7070 (II) The date of the inmate's sentence, the crime of conviction, and7
7171 length of the sentence, including length of parole;8
7272 (III) Whether the sentence to the department of corrections was9
7373 a result of a parole revocation;10
7474 (IV) The date the inmate was placed on the global referral list as11
7575 established by the department of corrections;12
7676 (V) The actual or projected parole eligibility date and mandatory13
7777 release date, as of July 31, 2023, as well as, if applicable, whether the14
7878 inmate is enrolled in or has participated in track I or track II treatment, or15
7979 whether the inmate has been placed in the maintenance phase; and16
8080 (VI) The department of corrections S5 qualifier code for the17
8181 inmate, if any.18
8282 (b) The department of corrections shall further identify, in writing:19
8383 (I) In the aggregate, validated static risk assessment scores of the20
8484 inmates described in this section, if available, separately identifying those21
8585 serving indeterminate and determinate sentences;22
8686 (II) The total treatment capacity in the department of corrections23
8787 and, for each facility providing sex offender treatment and monitoring24
8888 program treatment services, the treatment program capacity and the25
8989 phases or tracks of treatment offered;26
9090 (III) The names of all board-approved providers employed by or27
9191 SB24-118
9292 -3- contracting with the department of corrections, the amount of time each1
9393 provider or contractor has been working with the department of2
9494 corrections, and at which location each provider or contractor is providing3
9595 services each month;4
9696 (IV) The frequency of sex offender treatment and monitoring5
9797 program treatment groups and the frequency of cancellation of such6
9898 groups in all facilities;7
9999 (V) The number of open positions for any sex offender treatment8
100100 and monitoring program providers, including group therapy positions,9
101101 polygraph providers, or any other positions necessary to operate the10
102102 program; and11
103103 (VI) Any and all efforts made by the department of corrections in12
104104 the past five years to increase the capacity of the sex offender treatment13
105105 and monitoring program, fill and maintain the allocated full-time or14
106106 contract positions, and any data available to address any hiring challenges15
107107 identified by the department.16
108108 (c) The department of corrections shall provide this data to the17
109109 board prior to July 31, 2023. The board shall form a subcommittee with18
110110 representatives from the board, community sex offender treatment19
111111 providers, the department of corrections, the division of adult parole in20
112112 the department of corrections, and the state parole board created pursuant21
113113 to section 17-2-201. The purpose of the subcommittee is to develop22
114114 solutions to address treatment resources for sex offenders who are23
115115 incarcerated or in the custody of the department of corrections, including24
116116 a legal and evidence-based analysis of inmates who are required to25
117117 progress in treatment in the department of corrections prior to any release26
118118 pursuant to section 18-1.3-1006 and those who are classified by the27
119119 SB24-118
120120 -4- department of corrections as an inmate who is required to participate in1
121121 treatment. The subcommittee shall:2
122122 (I) Analyze the data provided by the department of corrections and3
123123 prepare a comprehensive report on the current prison population to4
124124 identify inmates who are eligible to receive treatment, with special5
125125 priority toward inmates who are past parole eligibility date, have not been6
126126 provided a treatment opportunity, and require treatment to meet7
127127 community corrections or parole eligibility requirements pursuant to8
128128 section 18-1.3-301 (1)(f), 18-1.3-1006, and 17-22.5-404 (4)(c)(II);9
129129 (II) Identify all barriers the department of corrections faces in10
130130 providing timely access to treatment to inmates who require treatment to11
131131 meet parole eligibility requirements pursuant to sections 18-1.3-1006 and12
132132 17-22.5-404 (4)(c)(II) and make recommendations for workable solutions13
133133 to increase treatment access in the department of corrections, including14
134134 evidence-based, validated projections developed in conjunction with the15
135135 division of criminal justice experts in prison population projections, for16
136136 the decrease in backlog that would occur with the implementation of any17
137137 solutions;18
138138 (III) Determine which, if any, standards are barriers to providing19
139139 timely access to treatment and make recommendations concerning20
140140 changes or exceptions to the standards for sex offenders incarcerated in21
141141 the department of corrections;22
142142 (IV) Review and consider revisions to the department of23
143143 corrections policies and administrative regulations to prevent unnecessary24
144144 backlog in making treatment accessible to inmates who require treatment25
145145 to meet parole eligibility requirements;26
146146 (V) Review the criteria established pursuant to section27
147147 SB24-118
148148 -5- 18-1.3-1009 and make revisions to policies of the department of1
149149 corrections and administrative regulations to prevent unnecessary backlog2
150150 in making treatment accessible to inmates who require treatment to meet3
151151 parole eligibility requirements pursuant to section 18-1.3-1006;4
152152 (VI) Review parole guidelines for those inmates classified as sex5
153153 offenders with determinate sentences established pursuant to section6
154154 17-22.5-404 and make revisions as necessary to prevent unnecessary7
155155 backlog in making treatment accessible to inmates who require treatment8
156156 to meet parole eligibility requirements;9
157157 (VII) Determine whether additional treatment providers will10
158158 contract with the department of corrections to provide evaluation or11
159159 treatment services to incarcerated individuals and make workable12
160160 recommendations concerning how to immediately increase inmate access13
161161 to those approved providers;14
162162 (VIII) Determine whether increased funding or any other15
163163 resources could make access to telehealth treatment viable for inmates16
164164 and the amount of increased funding or resources necessary to accomplish17
165165 this goal; and18
166166 (IX) In consideration of any existing treatment backlog and of19
167167 finite treatment resources, make recommendations for procuring or20
168168 making available sufficient treatment resources without negatively21
169169 impacting public safety and protection of victims.22
170170 (d) The subcommittee created in subsection (1.5)(c) of this section23
171171 shall present its written findings in a report and proposal to the judiciary24
172172 committees of the house of representatives and the senate, or any25
173173 successor committees, on or before February 1, 2024. The department of26
174174 corrections and the parole board shall comment on the report's findings27
175175 SB24-118
176176 -6- and recommendations on or before March 1, 2024.1
177177 (1.7) (a) A
178178 SEX OFFENDER SHALL UNDERGO THE RECOMMENDED2
179179 PORTION OF THE RECOMMENDED SEX OFFENDER TREATMENT WHILE THE3
180180 SEX OFFENDER IS INCARCERATED IF THE SEX OFFENDER :4
181181 (I) H
182182 AS BEEN SENTENCED TO INCARCERATION IN THE DEPARTMENT5
183183 OF CORRECTIONS;6
184184 (II) H
185185 AS BEEN ASSESSED BY THE DEPARTMENT OF CORRECTIONS AS7
186186 READY TO ENGAGE IN TREATMENT BASED ON ALL CURRENT ASSESSMENTS8
187187 AND BEHAVIORAL REQUIREMENTS ; AND9
188188 (III) I
189189 S DETERMINED BY THE DEPARTMENT OF CORRECTIONS AS10
190190 HIGH RISK FOR SEXUAL RECIDIVISM, PURSUANT TO THE EVALUATION AND11
191191 IDENTIFICATION PROCESS AS DESCRIBED IN SECTION 16-11.7-104 OR ANY12
192192 OTHER EVIDENCE-BASED AND VALIDATED ASSESSMENT CONDUCTED BY13
193193 THE DEPARTMENT OF CORRECTIONS TO IDENTIFY HIGH RISK OF SEXUAL14
194194 RECIDIVISM.15
195195 (b) F
196196 OR A SEX OFFENDER WHO IS SENTENCED TO INCARCERATION16
197197 IN THE DEPARTMENT OF CORRECTIONS AND IS NOT IDENTIFIED AS HIGH17
198198 RISK FOR SEXUAL RECIDIVISM , PURSUANT TO THE EVALUATION AND18
199199 IDENTIFICATION PROCESS AS DESCRIBED IN SECTION 16-11.7-104 OR ANY19
200200 OTHER EVIDENCE-BASED AND VALIDATED ASSESSMENT CONDUCTED BY20
201201 THE DEPARTMENT OF CORRECTIONS TO IDENTIFY HIGH RISK OF SEXUAL21
202202 RECIDIVISM, THE SEX OFFENDER MUST BEGIN ANY RECOMMENDED SEX22
203203 OFFENDER TREATMENT IN THE COMMUNITY PLACEMENT OR SUPERVISION23
204204 PHASE OF THE SEX OFFENDER'S SENTENCE. THE COMMUNITY PLACEMENT24
205205 OR SUPERVISION PHASE MAY INCLUDE COMMUNITY CORRECTIONS25
206206 PLACEMENT, INTENSIVE SUPERVISION PAROLE, INMATE STATUS PAROLE, OR26
207207 ANY OTHER SIMILAR COMMUNITY -BASED PHASE OF A SENTENCE TO27
208208 SB24-118
209209 -7- INCARCERATION; EXCEPT THAT, THE SEX OFFENDER MAY ALSO RECEIVE1
210210 TREATMENT WHILE INCARCERATED IF THE DEPARTMENT OF CORRECTIONS2
211211 HAS SUFFICIENT TREATMENT CAPACITY THAT WOULD REASONABLY ALLOW3
212212 THE SEX OFFENDER TO COMPLETE THAT PORTION OF THE RECOMMENDED4
213213 TREATMENT PRIOR TO THE SEX OFFENDER 'S FIRST PAROLE ELIGIBILITY5
214214 DATE.6
215215 (c) (I) T
216216 HE DEPARTMENT OF CORRECTIONS SHALL MONITOR ITS7
217217 TREATMENT CAPACITY AND MANAGE ITS BED SPACE TO COMPLY WITH THIS8
218218 SECTION AND SHALL PRIORITIZE ITS RESOURCES SO THAT A SEX OFFENDER9
219219 WHO IS IDENTIFIED AS HIGH RISK FOR SEXUAL RECIDIVISM WILL RECEIVE10
220220 TREATMENT WHILE INCARCERATED AND START THE TREATMENT AS SOON11
221221 AS PRACTICABLE AND PRIOR TO THE SEX OFFENDER 'S PAROLE ELIGIBILITY12
222222 DATE.13
223223 (II) T
224224 HE DEPARTMENT OF CORRECTIONS SHALL NOT REFER A SEX14
225225 OFFENDER WHO IS NOT IDENTIFIED AS HIGH RISK FOR SEXUAL RECIDIVISM15
226226 FOR SEX OFFENDER TREATMENT WHILE INCARCERATED .16
227227 (d) T
228228 HIS SUBSECTION (1.7)(d) DOES NOT PREVENT THE17
229229 DEPARTMENT OF CORRECTIONS FROM DEVELOPING A PRETREATMENT18
230230 PREPARATORY PROGRAM OR OTHER RESEARCH -BASED PROGRAM TO19
231231 PREPARE A SEX OFFENDER FOR COMMUNITY TREATMENT THROUGH A20
232232 CONTINUITY OF CARE PLAN, BUT THE PROGRAM MUST NOT BE A BARRIER21
233233 TO PAROLE RELEASE IF THE SEX OFFENDER DOES NOT PARTICIPATE DUE TO22
234234 THE LACK OF CAPACITY IN THE PROGRAM .23
235235 (e) I
236236 F A SEX OFFENDER HAS A MEDICAL OR MENTAL HEALTH24
237237 CONDITION, INCLUDING DEMENTIA OR OTHER COGNITIVE DISABILITY , THAT25
238238 PREVENTS THE SEX OFFENDER FROM PARTICIPATING AND ENGAGING IN THE26
239239 SEX OFFENDER TREATMENT PROGRAM PROVIDED BY THE DEPARTMENT OF27
240240 SB24-118
241241 -8- CORRECTIONS, THE SEX OFFENDER MUST BEGIN AND COMPLETE ANY1
242242 RECOMMENDED TREATMENT , TO THE EXTENT POSSIBLE , IN THE2
243243 COMMUNITY PLACEMENT OR COMMUNITY SUPERVISION PHASE OF THE SEX3
244244 OFFENDER'S SENTENCE, WHICH MAY INCLUDE A COMMUNITY CORRECTIONS4
245245 PLACEMENT, INTENSIVE SUPERVISION PAROLE, INMATE STATUS PAROLE, OR5
246246 OTHER SIMILAR COMMUNITY -BASED PHASE OF A SENTENCE TO6
247247 INCARCERATION.7
248248 (f) F
249249 OR AN ADULT SEX OFFENDER WHO IS SENTENCED TO8
250250 INCARCERATION IN THE DEPARTMENT OF CORRECTIONS AND WHO IS9
251251 CLASSIFIED BY THE DEPARTMENT OF CORRECTIONS AS A PERSON WHO10
252252 DENIES THE SEXUAL OFFENSE AND WHO IS ASSESSED AS HIGH RISK FOR11
253253 SEXUAL RECIDIVISM AND IN NEED OF TREATMENT WHILE INCARCERATED ,12
254254 THE SEX OFFENDER MUST BE PROVIDED DENIER INTERVENTION SERVICES13
255255 CONSISTENT WITH THE STANDARDS AND GUIDELINES ESTABLISHED BY THE14
256256 SEX OFFENDER MANAGEMENT BOARD AS PROVIDED IN SECTION15
257257 16-11.7-103 (4)(b)
258258 TO FACILITATE POTENTIAL ENTRY INTO THE16
259259 RECOMMENDED TREATMENT . IF A SEX OFFENDER IS WILLING TO17
260260 PARTICIPATE IN TREATMENT BUT HAS ELECTED TO EXERCISE THE SEX18
261261 OFFENDER'S CONSTITUTIONAL RIGHT TO REMAIN SILENT BASED SOLELY19
262262 UPON THE FACT THE SEX OFFENDER IS SEEKING JUDICIAL REVIEW ON20
263263 APPEAL, THE DEPARTMENT SHALL ALLOW PARTICIPATION IN TREATMENT21
264264 UNLESS THE EXERCISE OF THIS RIGHT WOULD SUBSTANTIALLY ELIMINATE22
265265 ENGAGEMENT IN EFFECTIVE TREATMENT .23
266266 SECTION 2. In Colorado Revised Statutes, amend 18-1.3-100124
267267 as follows:25
268268 18-1.3-1001. Legislative declaration. The general assembly26
269269 hereby
270270 finds that the majority of persons who commit sex offenses if27
271271 SB24-118
272272 -9- incarcerated or supervised without treatment, will continue to present a1
273273 CAN BENEFIT FROM TREATMENT AND , AS A RESULT, PRESENT A REDUCED2
274274 danger to the public when released from incarceration and supervision3
275275 THE TREATMENT, SPECIFIC TO THE PERSON'S ASSESSED LEVEL OF RISK, IS4
276276 REQUIRED AS A CONDITION OF ANY SENTENCE . The general assembly also5
277277 finds that keeping all sex offenders in lifetime incarceration imposes an6
278278 unacceptably high cost in both state dollars and loss of human potential.7
279279 A
280280 FTER TWENTY-FIVE YEARS OF IMPLEMENTATION OF LIFETIME8
281281 INCARCERATION PURSUANT TO THE "COLORADO SEX OFFENDER LIFETIME9
282282 S
283283 UPERVISION ACT OF 1998", THERE IS NO EVIDENCE THAT THE MANDATED10
284284 LIFETIME INCARCERATION FOR OFFENSES AS PROVIDED IN THIS PART 1011
285285 HAS RESULTED IN INCREASED PUBLIC SAFETY. FURTHER, THE INABILITY OF12
286286 THE STATE TO PROVIDE TIMELY AND COST -EFFECTIVE TREATMENT WHILE13
287287 A SEX OFFENDER IS INCARCERATED HAS RESULTED IN CONSISTENTLY LONG14
288288 WAIT LISTS FOR TREATMENT , PROLONGED AND EXPENSIVE DETENTION15
289289 BEYOND THE SENTENCE IMPOSED BASED SOLELY ON LACK OF TREATMENT16
290290 ACCESS, SIGNIFICANT COSTS TO THE STATE IN LITIGATION AND POTENTIAL17
291291 LITIGATION, AND HAS CREATED UNNECESSARY AND DAMAGING18
292292 UNCERTAINTY FOR BOTH VICTIMS AND SEX OFFENDERS REGARDING SEX19
293293 OFFENDER TREATMENT AND POTENTIAL RELEASE . The general assembly20
294294 further finds that some sex offenders respond well to treatment and can
295295 21
296296 function as safe, responsible, and contributing members of society, so22
297297 long as they receive treatment and supervision RESEARCH SUPPORTS23
298298 TREATMENT IN THE COMMUNITY AS THE MOST EFFECTIVE TREATMENT TO24
299299 ADDRESS THE PUBLIC SAFETY RISK PRESENTED BY SEX OFFENDERS , AND IT25
300300 IS UNREALISTIC FOR THE DEPARTMENT OF CORRECTIONS TO CONTINUE TO26
301301 SERVE AS THE SOLE TREATMENT OPTION FOR THE INCREASING NUMBERS OF27
302302 SB24-118
303303 -10- SEX OFFENDERS INCARCERATED AND ASSESSED FOR TREATMENT . THE1
304304 DEPARTMENT OF CORRECTIONS ' TREATMENT PLACEMENTS MUST BE2
305305 PRIORITIZED FOR USE BY THE HIGHER RISK SEX OFFENDERS BECAUSE3
306306 TREATMENT IS MOST EFFECTIVE IN REDUCING THE RISK OF SEXUAL4
307307 RECIDIVISM FOR THE HIGHEST RISK SEX OFFENDERS. The general assembly5
308308 therefore declares that a program under which sex offenders may receive6
309309 treatment and supervision for the rest of their lives if necessary WHILE ON7
310310 PROBATION OR PAROLE is necessary for the safety, health, and welfare of8
311311 the state.9
312312 SECTION 3. In Colorado Revised Statutes, 18-1.3-1003, add (6)10
313313 as follows:11
314314 18-1.3-1003. Definitions. As used in this part 10, unless the12
315315 context otherwise requires:13
316316 (6) "S
317317 UCCESSFULLY PROGRESSED IN TREATMENT " MEANS THE SEX14
318318 OFFENDER HAS MADE SUFFICIENT PROGRESS ON TREATMENT GOALS15
319319 RELATED TO SEXUALLY ABUSIVE BEHAVIOR TO ADDRESS THEIR RISK OF16
320320 SEXUALLY REOFFENDING , AND THE SEX OFFENDER DOES NOT PRESENT17
321321 WITH AN ACTIVE OR ACUTE RISK OF SEXUAL HARM . "SUCCESSFUL18
322322 PROGRESS IN TREATMENT" DOES NOT MEAN THAT A SEX OFFENDER MAY19
323323 NOT BENEFIT FROM CONTINUED THERAPY , INCLUDING SEX OFFENSE20
324324 SPECIFIC THERAPY, IN THE FUTURE OR THAT THERE ARE NO ADDITIONAL OR21
325325 ADJUNCT TREATMENT NEEDS .22
326326 SECTION 4. In Colorado Revised Statutes, 18-1.3-1004, amend23
327327 (1)(a), (1)(b), and (1)(c); and repeal (1)(d) as follows:24
328328 18-1.3-1004. Indeterminate sentence. (1) (a) Except as25
329329 otherwise provided in this subsection (1) and
330330 in subsection (2) of this26
331331 section, the district court having jurisdiction shall sentence a sex offender27
332332 SB24-118
333333 -11- to the custody of the department for an indeterminate A DETERMINATE1
334334 term of at least the minimum MIDPOINT of the presumptive range2
335335 specified in section 18-1.3-401 for the level of offense committed and a3
336336 maximum of the sex offender's natural life TERM OF INDETERMINATE4
337337 PAROLE AS PROVIDED FOR IN SECTION 18-1.3-1006.5
338338 (b) If the sex offender committed a sex offense that constitutes a6
339339 crime of violence, as defined in section 18-1.3-406, the district court shall7
340340 sentence the sex offender to the custody of the department for an8
341341 indeterminate A DETERMINATE term of at least the midpoint UPPER LIMIT9
342342 in the presumptive range for the level of offense committed and a10
343343 maximum of the sex offender's natural life TERM OF INDETERMINATE11
344344 PAROLE AS PROVIDED FOR IN SECTION 18-1.3-1006.12
345345 (c) If the sex offender committed a sex offense that makes him or13
346346 her THE SEX OFFENDER eligible for sentencing as an habitual sex offender14
347347 against children pursuant to section 18-3-412, the district court shall15
348348 sentence the sex offender to the custody of the department for an16
349349 indeterminate A DETERMINATE term of at least three times the upper limit17
350350 of the presumptive range for the level of offense committed and a18
351351 maximum of the sex offender's natural life TERM OF INDETERMINATE19
352352 PAROLE AS PROVIDED FOR IN SECTION 18-1.3-1006.20
353353 (d) If the sex offender committed a sex offense that constitutes a21
354354 sexual offense, as defined in section 18-3-415.5, and the sex offender,22
355355 prior to committing the offense, had notice that he or she had tested23
356356 positive for the human immunodeficiency virus (HIV) and HIV infection,24
357357 and the infectious agent of the HIV infection was in fact transmitted, the25
358358 district court shall sentence the sex offender to the custody of the26
359359 department for an indeterminate term of at least the upper limit of the27
360360 SB24-118
361361 -12- presumptive range for the level of offense committed and a maximum of1
362362 the sex offender's natural life.2
363363 SECTION 5. In Colorado Revised Statutes, 18-1.3-1006, amend3
364364 (1)(a) as follows:4
365365 18-1.3-1006. Release from incarceration - parole - conditions.5
366366 (1) (a) (I) On completion of the minimum period of incarceration6
367367 specified in a sex offender's indeterminate sentence
368368 PURSUANT TO7
369369 SECTION 18-1.3-1004 (1)(e), less any earned time credited to the sex8
370370 offender pursuant to section 17-22.5-405, C.R.S.,
371371 the parole board shall9
372372 schedule a hearing to determine whether the sex offender may be released10
373373 on parole. In determining whether to release the sex offender on parole,11
374374 the parole board shall determine whether the sex offender has12
375375 successfully progressed in treatment and would not pose an undue threat13
376376 to the community if released under appropriate treatment and monitoring14
377377 requirements and whether there is a strong and reasonable probability that15
378378 the person SEX OFFENDER will not thereafter violate the law. The16
379379 department shall make recommendations to the parole board concerning17
380380 whether the sex offender should be released on parole and the level of18
381381 treatment and monitoring that should be imposed as a condition of parole.19
382382 The recommendation shall MUST be based on the criteria established by20
383383 the management board pursuant to section 18-1.3-1009.21
384384 (II) O
385385 N COMPLETION OF THE MINIMUM PERIOD OF INCARCERATION22
386386 SPECIFIED IN A SEX OFFENDER'S DETERMINATE SENTENCE PURSUANT TO23
387387 SECTION 18-1.3-1004 (1)(a), (1)(b), OR (1)(c), LESS ANY EARNED TIME24
388388 CREDITED TO THE SEX OFFENDER PURSUANT TO SECTION 17-22.5-405, THE25
389389 PAROLE BOARD SHALL SCHEDULE A HEARING TO DETERMINE IF THE SEX26
390390 OFFENDER MAY BE RELEASED ON PAROLE . THE DEPARTMENT SHALL MAKE27
391391 SB24-118
392392 -13- A RECOMMENDATION TO THE PAROLE BOARD CONCERNING WHETHER THE1
393393 SEX OFFENDER SHOULD BE RELEASED ON PAROLE CONSISTENT WITH2
394394 SECTION 16-11.7-105. UNLESS THE SEX OFFENDER IS ASSESSED AS HIGH3
395395 RISK FOR SEXUAL RECIDIVISM BY THE DEPARTMENT , THE PAROLE BOARD4
396396 SHALL REQUIRE THAT THE SEX OFFENDER RECEIVE ANY RECOMMENDED5
397397 TREATMENT IN THE COMMUNITY PHASE OF THE SEX OFFENDER 'S SENTENCE6
398398 AND THE PAROLE BOARD SHALL NOT DENY PAROLE TO THE SEX OFFENDER7
399399 AS A PUBLIC SAFETY RISK FOR FAILURE TO START TREATMENT WHILE8
400400 INCARCERATED IN THE DEPARTMENT .9
401401 SECTION 6. In Colorado Revised Statutes, 18-1.3-1009, amend10
402402 (1) introductory portion and (1)(b) as follows:11
403403 18-1.3-1009. Criteria for release from incarceration, reduction12
404404 in supervision, and discharge. (1) On or before July 1, 199913
405405 N
406406 OVEMBER 1, 2024, the management board, in collaboration with the14
407407 department of corrections, the judicial department, and the parole board,15
408408 shall establish:16
409409 (b) The methods of determining whether a sex offender has17
410410 successfully progressed in treatment
411411 CONSISTENT WITH THE DEFINITION AS18
412412 PROVIDED IN SECTION 18-1.3-1003; and19
413413 SECTION 7. In Colorado Revised Statutes, 18-1.3-1010, amend20
414414 (1)(a) and (2)(a) as follows:21
415415 18-1.3-1010. Arrest of parolee or probationer - revocation.22
416416 (1) (a) A sex offender paroled pursuant to section 18-1.3-1006 is subject23
417417 to arrest and revocation of parole as provided in sections 17-2-103 and24
418418 17-2-103.5. C.R.S.
419419 At any revocation proceeding, the sex offender's25
420420 community parole officer and the treatment provider shall submit written26
421421 recommendations concerning the level of treatment and monitoring that27
422422 SB24-118
423423 -14- should be imposed as a condition of parole if parole is not revoked or1
424424 whether the sex offender poses a sufficient threat to the community that2
425425 parole should be revoked. I
426426 F THE COMMUNITY PAROLE OFFICER3
427427 RECOMMENDS THAT PAROLE BE REVOKED , THE COMMUNITY PAROLE4
428428 OFFICER SHALL ALSO MAKE A RECOMMENDATION AS TO WHETHER5
429429 FURTHER TREATMENT IN CUSTODY IS NECESSARY BASED ON INFORMATION6
430430 RECEIVED FROM THE COMMUNITY TREATMENT PROVIDER OR IF7
431431 ADDITIONAL COMMUNITY TREATMENT IS RECOMMENDED WHEN THE SEX8
432432 OFFENDER IS RE-RELEASED ON PAROLE . ANY RECOMMENDATION9
433433 REGARDING TREATMENT WHILE INCARCERATED MUST IDENTIFY THE10
434434 DEPARTMENT TREATMENT WAITING LIST AND WHEN THE TREATMENT11
435435 WOULD BE AVAILABLE . THE MAXIMUM REVOCATION IS FOR THE12
436436 MANDATORY PAROLE TIME PERIOD AS PROVIDED IN SECTION 18-1.3-40113
437437 (1)(a)(V.5)(A)
438438 FOR THE UNDERLYING FELONY WITH A REVIEW AT LEAST14
439439 EVERY YEAR FOR REPAROLE BY THE PAROLE BOARD . The15
440440 recommendations shall
441441 MUST be based on the criteria established by the16
442442 management board pursuant to section 18-1.3-1009. If the parole board17
443443 revokes the sex offender's parole, the sex offender shall continue to be IS18
444444 subject to the provisions of this part 10. P
445445 AROLE MAY BE SUBSEQUENTLY19
446446 REVOKED AGAIN FOR AN ADDITIONAL PERIOD AS PROVIDED IN SECTION20
447447 18-1.3-401(1)(a)(V.5)(A)
448448 FOR THE UNDERLYING FELONY FOR A VIOLATION21
449449 OF A PAROLE CONDITION.22
450450 (2) (a) A sex offender sentenced to probation pursuant to section23
451451 18-1.3-1004 (2) is subject to arrest and revocation of probation as24
452452 provided in sections 16-11-205 and 16-11-206. C.R.S.
453453 At any revocation25
454454 proceeding, the sex offender's probation officer and the sex offender's26
455455 treatment provider shall submit recommendations concerning the level of27
456456 SB24-118
457457 -15- treatment and monitoring that should be imposed as a condition of1
458458 probation if probation is not revoked or whether the sex offender poses2
459459 a sufficient threat to the community that probation should be revoked.3
460460 The recommendations shall MUST be based on the criteria established by4
461461 the management board pursuant to section 18-1.3-1009. If the court5
462462 revokes the sex offender's probation, the court shall sentence the sex6
463463 offender as provided in section 18-1.3-1004, and the sex offender shall7
464464 be IS subject to the SUPERVISION provisions of this part 10.8
465465 SECTION 8. In Colorado Revised Statutes, 17-22.5-403, amend9
466466 (2)(a), (2)(b), and (7)(b) as follows:10
467467 17-22.5-403. Parole eligibility. (2) (a) Notwithstanding11
468468 subsection (1) of this section, any person convicted and sentenced for12
469469 second degree murder; first degree assault; first degree kidnapping, unless13
470470 the first degree kidnapping is a class 1 felony; first or second degree14
471471 sexual assault; first degree arson; first degree burglary; or aggravated15
472472 robbery, committed on or after June 7, 1990, and before July 1, 2004,16
473473 which AND THE person has previously been convicted of a crime which17
474474 THAT would have been a crime of violence as defined in section18
475475 18-1.3-406, C.R.S. shall be AND A PERSON SENTENCED TO A DETERMINATE19
476476 TERM OF IMPRISONMENT PURSUANT TO SECTION 18-1.3-1004 FOR A CRIME20
477477 COMMITTED ON OR AFTER OCTOBER 1, 2024, IS eligible for parole after21
478478 such THE person has served seventy-five percent of the sentence imposed22
479479 upon such THE person, less any time authorized for earned time granted23
480480 pursuant to section 17-22.5-405.24
481481 (b) The provisions of paragraph (a) of this subsection (2) shall not25
482482 S
483483 UBSECTION (2)(a) OF THIS SECTION DOES NOT apply to persons
484484 A PERSON26
485485 sentenced pursuant to part 10 of article 1.3 of title 18 C.R.S. PRIOR TO27
486486 SB24-118
487487 -16- OCTOBER 1, 2024, OR TO A PERSON SENTENCED PURSUANT TO SECTION1
488488 18-1.3-1004 (1)(e).2
489489 (7) (b) (I) Notwithstanding the provisions of paragraph (a) of this3
490490 subsection (7) SUBSECTION (7)(a) OF THIS SECTION, for any sex offender,4
491491 as defined in section 18-1.3-1003 (4), C.R.S., who is sentenced pursuant5
492492 to the provisions of part 10 of article 1.3 of title 18 C.R.S., for6
493493 commission of a sex offense committed on or after November 1, 1998,7
494494 the state board of parole shall determine whether or not to grant parole as8
495495 provided in section 18-1.3-1006. C.R.S. If the state board of parole9
496496 determines that placing a sex offender on parole is appropriate, it shall set10
497497 an indeterminate period of parole as provided in section 18-1.3-1006.11
498498 C.R.S.12
499499 (II) I
500500 F A SEX OFFENDER IS ASSESSED TO RECEIVE SEX OFFENDER13
501501 TREATMENT PURSUANT TO SECTION 16-11.7-105, UNLESS THE SEX14
502502 OFFENDER IS ASSESSED AS HIGH RISK OF SEXUAL RECIDIVISM BY THE15
503503 DEPARTMENT, THE PAROLE BOARD SHALL ORDER THAT THE SEX OFFENDER16
504504 RECEIVE ANY RECOMMENDED TREATMENT IN THE COMMUNITY PHASE OF17
505505 THE SEX OFFENDER'S SENTENCE, AND THE PAROLE BOARD SHALL NOT DENY18
506506 PAROLE TO THE SEX OFFENDER AS A PUBLIC SAFETY RISK FOR FAILURE TO19
507507 START TREATMENT WHILE INCARCERATED IN THE DEPARTMENT .20
508508 SECTION 9. In Colorado Revised Statutes, 17-22.5-404, amend21
509509 (4)(a)(IV) and (4)(c)(II) as follows:22
510510 17-22.5-404. Parole guidelines - definition. (4) (a) In23
511511 considering offenders for parole, the state board of parole shall consider24
512512 the totality of the circumstances, which include, but need not be limited25
513513 to, the following factors:26
514514 (IV) The offender's program or treatment participation and27
515515 SB24-118
516516 -17- progress, SUBJECT TO SUBSECTION (4)(c)(II) OF THIS SECTION;1
517517 (c) (II) The administrative release guideline instrument shall MUST2
518518 not be used in considering those inmates classified as sex offenders with3
519519 indeterminate sentences for whom the sex offender management board4
520520 pursuant to section 18-1.3-1009, C.R.S., has established separate and5
521521 distinct release guidelines. The sex offender management board in6
522522 collaboration with the department of corrections, the judicial department,7
523523 the division of criminal justice in the department of public safety, and the8
524524 state board of parole shall develop a specific sex offender release9
525525 guideline instrument for use by the state board of parole for those inmates10
526526 classified as sex offenders with determinate sentences WHOSE ELIGIBILITY11
527527 FOR PAROLE RELEASE WITH RESPECT TO RECOMMENDED TREATMENT IS AS12
528528 PROVIDED IN SECTIONS 16-11.7-105 AND 18-1.3-1006.13
529529 SECTION 10. In Colorado Revised Statutes, 18-3-415.5, repeal14
530530 (5)(b) as follows:15
531531 18-3-415.5. Testing persons charged with certain sexual16
532532 offenses for serious sexually transmitted infections - mandatory17
533533 sentencing. (5) (b) If the court determines that the person tested pursuant18
534534 to subsection (2) of this section had notice of the HIV infection prior to19
535535 the date the offense was committed and the infectious agent of the HIV20
536536 infection was in fact transmitted, the judge shall sentence the person to a21
537537 mandatory term of incarceration of at least the upper limit of the22
538538 presumptive range for the level of offense committed, up to the remainder23
539539 of the person's natural life, as provided in section 18-1.3-1004.24
540540 SECTION 11. Effective date - applicability. This act takes25
541541 effect October 1, 2024, and applies to offenses committed on or after said26
542542 date.27
543543 SB24-118
544544 -18- SECTION 12. Safety clause. The general assembly finds,1
545545 determines, and declares that this act is necessary for the immediate2
546546 preservation of the public peace, health, or safety or for appropriations for3
547547 the support and maintenance of the departments of the state and state4
548548 institutions.5
549549 SB24-118
550550 -19-