Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0948.01 Michael Dohr x4347
SENATE BILL 24-118
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING CHANGES TO LIFETIME SUPERVISION OF SEX OFFENDERS101
TO INCREASE ACCESS TO SEX OFFENDER TREATMENT FOR102
HIGH-RISK SEX OFFENDERS IN THE DEPARTMENT OF103
CORRECTIONS.104
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Under current law, a person convicted of certain sex offenses is
subject to an indeterminate prison sentence. The bill eliminates
indeterminate prison sentences except for Colorado Jessica's Law
SENATE SPONSORSHIP
Gonzales,
HOUSE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. convictions and imposes mandatory minimum determinate sentences with
a requirement to serve 75% of the sentence before parole eligibility and
an indeterminate term of parole. The bill specifies which sex offenders
must complete mandatory sex offender treatment while in prison and
which sex offenders may complete the treatment in the community while
serving the community portion of the sex offender's sentence.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 16-11.7-105, amend2
(1); repeal (1.5); and add (1.7) as follows:3
16-11.7-105. Sentencing of sex offenders - treatment based4
upon evaluation and identification required. (1) Each adult sex5
offender and juvenile who has committed a sexual offense sentenced by6
the court for an offense committed on or after January 1, 1994, shall be
7
IS required, as a part of any sentence to probation, commitment to the8
department of human services, sentence to community corrections,9
incarceration with the department of corrections, placement on parole, or10
out-of-home placement, to undergo treatment to the extent appropriate to11
such THE SEX offender based upon the recommendations of the evaluation12
and identification made pursuant to section 16-11.7-104 or based upon13
any subsequent recommendations by the department of corrections, the14
judicial department, the department of human services, or the division of15
criminal justice in the department of public safety, whichever is16
appropriate. The THE SUPERVISING AGENCY. AN APPROVED PROVIDER17
SHALL PROVIDE THE treatment and monitoring shall be provided by an18
approved provider pursuant to section 16-11.7-106, and the SEX offender19
shall pay for the treatment to the extent the
SEX offender is financially20
able to do so.21
(1.5) (a) The department of corrections shall identify all inmates
22
SB24-118-2- who are classified to undergo treatment, are eligible to receive treatment1
pursuant to the department of corrections' policy, and have not been2
provided with the opportunity to undergo treatment while incarcerated.3
For each inmate, the department of corrections shall provide the4
following data to the board on or before July 31, 2023:5
(I) The inmate's department of corrections identification number;6
(II) The date of the inmate's sentence, the crime of conviction, and7
length of the sentence, including length of parole;8
(III) Whether the sentence to the department of corrections was9
a result of a parole revocation;10
(IV) The date the inmate was placed on the global referral list as11
established by the department of corrections;12
(V) The actual or projected parole eligibility date and mandatory13
release date, as of July 31, 2023, as well as, if applicable, whether the14
inmate is enrolled in or has participated in track I or track II treatment, or15
whether the inmate has been placed in the maintenance phase; and16
(VI) The department of corrections S5 qualifier code for the17
inmate, if any.18
(b) The department of corrections shall further identify, in writing:19
(I) In the aggregate, validated static risk assessment scores of the20
inmates described in this section, if available, separately identifying those21
serving indeterminate and determinate sentences;22
(II) The total treatment capacity in the department of corrections23
and, for each facility providing sex offender treatment and monitoring24
program treatment services, the treatment program capacity and the25
phases or tracks of treatment offered;26
(III) The names of all board-approved providers employed by or27
SB24-118
-3- contracting with the department of corrections, the amount of time each1
provider or contractor has been working with the department of2
corrections, and at which location each provider or contractor is providing3
services each month;4
(IV) The frequency of sex offender treatment and monitoring5
program treatment groups and the frequency of cancellation of such6
groups in all facilities;7
(V) The number of open positions for any sex offender treatment8
and monitoring program providers, including group therapy positions,9
polygraph providers, or any other positions necessary to operate the10
program; and11
(VI) Any and all efforts made by the department of corrections in12
the past five years to increase the capacity of the sex offender treatment13
and monitoring program, fill and maintain the allocated full-time or14
contract positions, and any data available to address any hiring challenges15
identified by the department.16
(c) The department of corrections shall provide this data to the17
board prior to July 31, 2023. The board shall form a subcommittee with18
representatives from the board, community sex offender treatment19
providers, the department of corrections, the division of adult parole in20
the department of corrections, and the state parole board created pursuant21
to section 17-2-201. The purpose of the subcommittee is to develop22
solutions to address treatment resources for sex offenders who are23
incarcerated or in the custody of the department of corrections, including24
a legal and evidence-based analysis of inmates who are required to25
progress in treatment in the department of corrections prior to any release26
pursuant to section 18-1.3-1006 and those who are classified by the27
SB24-118
-4- department of corrections as an inmate who is required to participate in1
treatment. The subcommittee shall:2
(I) Analyze the data provided by the department of corrections and3
prepare a comprehensive report on the current prison population to4
identify inmates who are eligible to receive treatment, with special5
priority toward inmates who are past parole eligibility date, have not been6
provided a treatment opportunity, and require treatment to meet7
community corrections or parole eligibility requirements pursuant to8
section 18-1.3-301 (1)(f), 18-1.3-1006, and 17-22.5-404 (4)(c)(II);9
(II) Identify all barriers the department of corrections faces in10
providing timely access to treatment to inmates who require treatment to11
meet parole eligibility requirements pursuant to sections 18-1.3-1006 and12
17-22.5-404 (4)(c)(II) and make recommendations for workable solutions13
to increase treatment access in the department of corrections, including14
evidence-based, validated projections developed in conjunction with the15
division of criminal justice experts in prison population projections, for16
the decrease in backlog that would occur with the implementation of any17
solutions;18
(III) Determine which, if any, standards are barriers to providing19
timely access to treatment and make recommendations concerning20
changes or exceptions to the standards for sex offenders incarcerated in21
the department of corrections;22
(IV) Review and consider revisions to the department of23
corrections policies and administrative regulations to prevent unnecessary24
backlog in making treatment accessible to inmates who require treatment25
to meet parole eligibility requirements;26
(V) Review the criteria established pursuant to section27
SB24-118
-5- 18-1.3-1009 and make revisions to policies of the department of1
corrections and administrative regulations to prevent unnecessary backlog2
in making treatment accessible to inmates who require treatment to meet3
parole eligibility requirements pursuant to section 18-1.3-1006;4
(VI) Review parole guidelines for those inmates classified as sex5
offenders with determinate sentences established pursuant to section6
17-22.5-404 and make revisions as necessary to prevent unnecessary7
backlog in making treatment accessible to inmates who require treatment8
to meet parole eligibility requirements;9
(VII) Determine whether additional treatment providers will10
contract with the department of corrections to provide evaluation or11
treatment services to incarcerated individuals and make workable12
recommendations concerning how to immediately increase inmate access13
to those approved providers;14
(VIII) Determine whether increased funding or any other15
resources could make access to telehealth treatment viable for inmates16
and the amount of increased funding or resources necessary to accomplish17
this goal; and18
(IX) In consideration of any existing treatment backlog and of19
finite treatment resources, make recommendations for procuring or20
making available sufficient treatment resources without negatively21
impacting public safety and protection of victims.22
(d) The subcommittee created in subsection (1.5)(c) of this section23
shall present its written findings in a report and proposal to the judiciary24
committees of the house of representatives and the senate, or any25
successor committees, on or before February 1, 2024. The department of26
corrections and the parole board shall comment on the report's findings27
SB24-118
-6- and recommendations on or before March 1, 2024.1
(1.7) (a) A
SEX OFFENDER SHALL UNDERGO THE RECOMMENDED2
PORTION OF THE RECOMMENDED SEX OFFENDER TREATMENT WHILE THE3
SEX OFFENDER IS INCARCERATED IF THE SEX OFFENDER :4
(I) H
AS BEEN SENTENCED TO INCARCERATION IN THE DEPARTMENT5
OF CORRECTIONS;6
(II) H
AS BEEN ASSESSED BY THE DEPARTMENT OF CORRECTIONS AS7
READY TO ENGAGE IN TREATMENT BASED ON ALL CURRENT ASSESSMENTS8
AND BEHAVIORAL REQUIREMENTS ; AND9
(III) I
S DETERMINED BY THE DEPARTMENT OF CORRECTIONS AS10
HIGH RISK FOR SEXUAL RECIDIVISM, PURSUANT TO THE EVALUATION AND11
IDENTIFICATION PROCESS AS DESCRIBED IN SECTION 16-11.7-104 OR ANY12
OTHER EVIDENCE-BASED AND VALIDATED ASSESSMENT CONDUCTED BY13
THE DEPARTMENT OF CORRECTIONS TO IDENTIFY HIGH RISK OF SEXUAL14
RECIDIVISM.15
(b) F
OR A SEX OFFENDER WHO IS SENTENCED TO INCARCERATION16
IN THE DEPARTMENT OF CORRECTIONS AND IS NOT IDENTIFIED AS HIGH17
RISK FOR SEXUAL RECIDIVISM , PURSUANT TO THE EVALUATION AND18
IDENTIFICATION PROCESS AS DESCRIBED IN SECTION 16-11.7-104 OR ANY19
OTHER EVIDENCE-BASED AND VALIDATED ASSESSMENT CONDUCTED BY20
THE DEPARTMENT OF CORRECTIONS TO IDENTIFY HIGH RISK OF SEXUAL21
RECIDIVISM, THE SEX OFFENDER MUST BEGIN ANY RECOMMENDED SEX22
OFFENDER TREATMENT IN THE COMMUNITY PLACEMENT OR SUPERVISION23
PHASE OF THE SEX OFFENDER'S SENTENCE. THE COMMUNITY PLACEMENT24
OR SUPERVISION PHASE MAY INCLUDE COMMUNITY CORRECTIONS25
PLACEMENT, INTENSIVE SUPERVISION PAROLE, INMATE STATUS PAROLE, OR26
ANY OTHER SIMILAR COMMUNITY -BASED PHASE OF A SENTENCE TO27
SB24-118
-7- INCARCERATION; EXCEPT THAT, THE SEX OFFENDER MAY ALSO RECEIVE1
TREATMENT WHILE INCARCERATED IF THE DEPARTMENT OF CORRECTIONS2
HAS SUFFICIENT TREATMENT CAPACITY THAT WOULD REASONABLY ALLOW3
THE SEX OFFENDER TO COMPLETE THAT PORTION OF THE RECOMMENDED4
TREATMENT PRIOR TO THE SEX OFFENDER 'S FIRST PAROLE ELIGIBILITY5
DATE.6
(c) (I) T
HE DEPARTMENT OF CORRECTIONS SHALL MONITOR ITS7
TREATMENT CAPACITY AND MANAGE ITS BED SPACE TO COMPLY WITH THIS8
SECTION AND SHALL PRIORITIZE ITS RESOURCES SO THAT A SEX OFFENDER9
WHO IS IDENTIFIED AS HIGH RISK FOR SEXUAL RECIDIVISM WILL RECEIVE10
TREATMENT WHILE INCARCERATED AND START THE TREATMENT AS SOON11
AS PRACTICABLE AND PRIOR TO THE SEX OFFENDER 'S PAROLE ELIGIBILITY12
DATE.13
(II) T
HE DEPARTMENT OF CORRECTIONS SHALL NOT REFER A SEX14
OFFENDER WHO IS NOT IDENTIFIED AS HIGH RISK FOR SEXUAL RECIDIVISM15
FOR SEX OFFENDER TREATMENT WHILE INCARCERATED .16
(d) T
HIS SUBSECTION (1.7)(d) DOES NOT PREVENT THE17
DEPARTMENT OF CORRECTIONS FROM DEVELOPING A PRETREATMENT18
PREPARATORY PROGRAM OR OTHER RESEARCH -BASED PROGRAM TO19
PREPARE A SEX OFFENDER FOR COMMUNITY TREATMENT THROUGH A20
CONTINUITY OF CARE PLAN, BUT THE PROGRAM MUST NOT BE A BARRIER21
TO PAROLE RELEASE IF THE SEX OFFENDER DOES NOT PARTICIPATE DUE TO22
THE LACK OF CAPACITY IN THE PROGRAM .23
(e) I
F A SEX OFFENDER HAS A MEDICAL OR MENTAL HEALTH24
CONDITION, INCLUDING DEMENTIA OR OTHER COGNITIVE DISABILITY , THAT25
PREVENTS THE SEX OFFENDER FROM PARTICIPATING AND ENGAGING IN THE26
SEX OFFENDER TREATMENT PROGRAM PROVIDED BY THE DEPARTMENT OF27
SB24-118
-8- CORRECTIONS, THE SEX OFFENDER MUST BEGIN AND COMPLETE ANY1
RECOMMENDED TREATMENT , TO THE EXTENT POSSIBLE , IN THE2
COMMUNITY PLACEMENT OR COMMUNITY SUPERVISION PHASE OF THE SEX3
OFFENDER'S SENTENCE, WHICH MAY INCLUDE A COMMUNITY CORRECTIONS4
PLACEMENT, INTENSIVE SUPERVISION PAROLE, INMATE STATUS PAROLE, OR5
OTHER SIMILAR COMMUNITY -BASED PHASE OF A SENTENCE TO6
INCARCERATION.7
(f) F
OR AN ADULT SEX OFFENDER WHO IS SENTENCED TO8
INCARCERATION IN THE DEPARTMENT OF CORRECTIONS AND WHO IS9
CLASSIFIED BY THE DEPARTMENT OF CORRECTIONS AS A PERSON WHO10
DENIES THE SEXUAL OFFENSE AND WHO IS ASSESSED AS HIGH RISK FOR11
SEXUAL RECIDIVISM AND IN NEED OF TREATMENT WHILE INCARCERATED ,12
THE SEX OFFENDER MUST BE PROVIDED DENIER INTERVENTION SERVICES13
CONSISTENT WITH THE STANDARDS AND GUIDELINES ESTABLISHED BY THE14
SEX OFFENDER MANAGEMENT BOARD AS PROVIDED IN SECTION15
16-11.7-103 (4)(b)
TO FACILITATE POTENTIAL ENTRY INTO THE16
RECOMMENDED TREATMENT . IF A SEX OFFENDER IS WILLING TO17
PARTICIPATE IN TREATMENT BUT HAS ELECTED TO EXERCISE THE SEX18
OFFENDER'S CONSTITUTIONAL RIGHT TO REMAIN SILENT BASED SOLELY19
UPON THE FACT THE SEX OFFENDER IS SEEKING JUDICIAL REVIEW ON20
APPEAL, THE DEPARTMENT SHALL ALLOW PARTICIPATION IN TREATMENT21
UNLESS THE EXERCISE OF THIS RIGHT WOULD SUBSTANTIALLY ELIMINATE22
ENGAGEMENT IN EFFECTIVE TREATMENT .23
SECTION 2. In Colorado Revised Statutes, amend 18-1.3-100124
as follows:25
18-1.3-1001. Legislative declaration. The general assembly26
hereby
finds that the majority of persons who commit sex offenses if27
SB24-118
-9- incarcerated or supervised without treatment, will continue to present a1
CAN BENEFIT FROM TREATMENT AND , AS A RESULT, PRESENT A REDUCED2
danger to the public when released from incarceration and supervision3
THE TREATMENT, SPECIFIC TO THE PERSON'S ASSESSED LEVEL OF RISK, IS4
REQUIRED AS A CONDITION OF ANY SENTENCE . The general assembly also5
finds that keeping all sex offenders in lifetime incarceration imposes an6
unacceptably high cost in both state dollars and loss of human potential.7
A
FTER TWENTY-FIVE YEARS OF IMPLEMENTATION OF LIFETIME8
INCARCERATION PURSUANT TO THE "COLORADO SEX OFFENDER LIFETIME9
S
UPERVISION ACT OF 1998", THERE IS NO EVIDENCE THAT THE MANDATED10
LIFETIME INCARCERATION FOR OFFENSES AS PROVIDED IN THIS PART 1011
HAS RESULTED IN INCREASED PUBLIC SAFETY. FURTHER, THE INABILITY OF12
THE STATE TO PROVIDE TIMELY AND COST -EFFECTIVE TREATMENT WHILE13
A SEX OFFENDER IS INCARCERATED HAS RESULTED IN CONSISTENTLY LONG14
WAIT LISTS FOR TREATMENT , PROLONGED AND EXPENSIVE DETENTION15
BEYOND THE SENTENCE IMPOSED BASED SOLELY ON LACK OF TREATMENT16
ACCESS, SIGNIFICANT COSTS TO THE STATE IN LITIGATION AND POTENTIAL17
LITIGATION, AND HAS CREATED UNNECESSARY AND DAMAGING18
UNCERTAINTY FOR BOTH VICTIMS AND SEX OFFENDERS REGARDING SEX19
OFFENDER TREATMENT AND POTENTIAL RELEASE . The general assembly20
further finds that some sex offenders respond well to treatment and can
21
function as safe, responsible, and contributing members of society, so22
long as they receive treatment and supervision RESEARCH SUPPORTS23
TREATMENT IN THE COMMUNITY AS THE MOST EFFECTIVE TREATMENT TO24
ADDRESS THE PUBLIC SAFETY RISK PRESENTED BY SEX OFFENDERS , AND IT25
IS UNREALISTIC FOR THE DEPARTMENT OF CORRECTIONS TO CONTINUE TO26
SERVE AS THE SOLE TREATMENT OPTION FOR THE INCREASING NUMBERS OF27
SB24-118
-10- SEX OFFENDERS INCARCERATED AND ASSESSED FOR TREATMENT . THE1
DEPARTMENT OF CORRECTIONS ' TREATMENT PLACEMENTS MUST BE2
PRIORITIZED FOR USE BY THE HIGHER RISK SEX OFFENDERS BECAUSE3
TREATMENT IS MOST EFFECTIVE IN REDUCING THE RISK OF SEXUAL4
RECIDIVISM FOR THE HIGHEST RISK SEX OFFENDERS. The general assembly5
therefore declares that a program under which sex offenders may receive6
treatment and supervision for the rest of their lives if necessary WHILE ON7
PROBATION OR PAROLE is necessary for the safety, health, and welfare of8
the state.9
SECTION 3. In Colorado Revised Statutes, 18-1.3-1003, add (6)10
as follows:11
18-1.3-1003. Definitions. As used in this part 10, unless the12
context otherwise requires:13
(6) "S
UCCESSFULLY PROGRESSED IN TREATMENT " MEANS THE SEX14
OFFENDER HAS MADE SUFFICIENT PROGRESS ON TREATMENT GOALS15
RELATED TO SEXUALLY ABUSIVE BEHAVIOR TO ADDRESS THEIR RISK OF16
SEXUALLY REOFFENDING , AND THE SEX OFFENDER DOES NOT PRESENT17
WITH AN ACTIVE OR ACUTE RISK OF SEXUAL HARM . "SUCCESSFUL18
PROGRESS IN TREATMENT" DOES NOT MEAN THAT A SEX OFFENDER MAY19
NOT BENEFIT FROM CONTINUED THERAPY , INCLUDING SEX OFFENSE20
SPECIFIC THERAPY, IN THE FUTURE OR THAT THERE ARE NO ADDITIONAL OR21
ADJUNCT TREATMENT NEEDS .22
SECTION 4. In Colorado Revised Statutes, 18-1.3-1004, amend23
(1)(a), (1)(b), and (1)(c); and repeal (1)(d) as follows:24
18-1.3-1004. Indeterminate sentence. (1) (a) Except as25
otherwise provided in this subsection (1) and
in subsection (2) of this26
section, the district court having jurisdiction shall sentence a sex offender27
SB24-118
-11- to the custody of the department for an indeterminate A DETERMINATE1
term of at least the minimum MIDPOINT of the presumptive range2
specified in section 18-1.3-401 for the level of offense committed and a3
maximum of the sex offender's natural life TERM OF INDETERMINATE4
PAROLE AS PROVIDED FOR IN SECTION 18-1.3-1006.5
(b) If the sex offender committed a sex offense that constitutes a6
crime of violence, as defined in section 18-1.3-406, the district court shall7
sentence the sex offender to the custody of the department for an8
indeterminate A DETERMINATE term of at least the midpoint UPPER LIMIT9
in the presumptive range for the level of offense committed and a10
maximum of the sex offender's natural life TERM OF INDETERMINATE11
PAROLE AS PROVIDED FOR IN SECTION 18-1.3-1006.12
(c) If the sex offender committed a sex offense that makes him or13
her THE SEX OFFENDER eligible for sentencing as an habitual sex offender14
against children pursuant to section 18-3-412, the district court shall15
sentence the sex offender to the custody of the department for an16
indeterminate A DETERMINATE term of at least three times the upper limit17
of the presumptive range for the level of offense committed and a18
maximum of the sex offender's natural life TERM OF INDETERMINATE19
PAROLE AS PROVIDED FOR IN SECTION 18-1.3-1006.20
(d) If the sex offender committed a sex offense that constitutes a21
sexual offense, as defined in section 18-3-415.5, and the sex offender,22
prior to committing the offense, had notice that he or she had tested23
positive for the human immunodeficiency virus (HIV) and HIV infection,24
and the infectious agent of the HIV infection was in fact transmitted, the25
district court shall sentence the sex offender to the custody of the26
department for an indeterminate term of at least the upper limit of the27
SB24-118
-12- presumptive range for the level of offense committed and a maximum of1
the sex offender's natural life.2
SECTION 5. In Colorado Revised Statutes, 18-1.3-1006, amend3
(1)(a) as follows:4
18-1.3-1006. Release from incarceration - parole - conditions.5
(1) (a) (I) On completion of the minimum period of incarceration6
specified in a sex offender's indeterminate sentence
PURSUANT TO7
SECTION 18-1.3-1004 (1)(e), less any earned time credited to the sex8
offender pursuant to section 17-22.5-405, C.R.S.,
the parole board shall9
schedule a hearing to determine whether the sex offender may be released10
on parole. In determining whether to release the sex offender on parole,11
the parole board shall determine whether the sex offender has12
successfully progressed in treatment and would not pose an undue threat13
to the community if released under appropriate treatment and monitoring14
requirements and whether there is a strong and reasonable probability that15
the person SEX OFFENDER will not thereafter violate the law. The16
department shall make recommendations to the parole board concerning17
whether the sex offender should be released on parole and the level of18
treatment and monitoring that should be imposed as a condition of parole.19
The recommendation shall MUST be based on the criteria established by20
the management board pursuant to section 18-1.3-1009.21
(II) O
N COMPLETION OF THE MINIMUM PERIOD OF INCARCERATION22
SPECIFIED IN A SEX OFFENDER'S DETERMINATE SENTENCE PURSUANT TO23
SECTION 18-1.3-1004 (1)(a), (1)(b), OR (1)(c), LESS ANY EARNED TIME24
CREDITED TO THE SEX OFFENDER PURSUANT TO SECTION 17-22.5-405, THE25
PAROLE BOARD SHALL SCHEDULE A HEARING TO DETERMINE IF THE SEX26
OFFENDER MAY BE RELEASED ON PAROLE . THE DEPARTMENT SHALL MAKE27
SB24-118
-13- A RECOMMENDATION TO THE PAROLE BOARD CONCERNING WHETHER THE1
SEX OFFENDER SHOULD BE RELEASED ON PAROLE CONSISTENT WITH2
SECTION 16-11.7-105. UNLESS THE SEX OFFENDER IS ASSESSED AS HIGH3
RISK FOR SEXUAL RECIDIVISM BY THE DEPARTMENT , THE PAROLE BOARD4
SHALL REQUIRE THAT THE SEX OFFENDER RECEIVE ANY RECOMMENDED5
TREATMENT IN THE COMMUNITY PHASE OF THE SEX OFFENDER 'S SENTENCE6
AND THE PAROLE BOARD SHALL NOT DENY PAROLE TO THE SEX OFFENDER7
AS A PUBLIC SAFETY RISK FOR FAILURE TO START TREATMENT WHILE8
INCARCERATED IN THE DEPARTMENT .9
SECTION 6. In Colorado Revised Statutes, 18-1.3-1009, amend10
(1) introductory portion and (1)(b) as follows:11
18-1.3-1009. Criteria for release from incarceration, reduction12
in supervision, and discharge. (1) On or before July 1, 199913
N
OVEMBER 1, 2024, the management board, in collaboration with the14
department of corrections, the judicial department, and the parole board,15
shall establish:16
(b) The methods of determining whether a sex offender has17
successfully progressed in treatment
CONSISTENT WITH THE DEFINITION AS18
PROVIDED IN SECTION 18-1.3-1003; and19
SECTION 7. In Colorado Revised Statutes, 18-1.3-1010, amend20
(1)(a) and (2)(a) as follows:21
18-1.3-1010. Arrest of parolee or probationer - revocation.22
(1) (a) A sex offender paroled pursuant to section 18-1.3-1006 is subject23
to arrest and revocation of parole as provided in sections 17-2-103 and24
17-2-103.5. C.R.S.
At any revocation proceeding, the sex offender's25
community parole officer and the treatment provider shall submit written26
recommendations concerning the level of treatment and monitoring that27
SB24-118
-14- should be imposed as a condition of parole if parole is not revoked or1
whether the sex offender poses a sufficient threat to the community that2
parole should be revoked. I
F THE COMMUNITY PAROLE OFFICER3
RECOMMENDS THAT PAROLE BE REVOKED , THE COMMUNITY PAROLE4
OFFICER SHALL ALSO MAKE A RECOMMENDATION AS TO WHETHER5
FURTHER TREATMENT IN CUSTODY IS NECESSARY BASED ON INFORMATION6
RECEIVED FROM THE COMMUNITY TREATMENT PROVIDER OR IF7
ADDITIONAL COMMUNITY TREATMENT IS RECOMMENDED WHEN THE SEX8
OFFENDER IS RE-RELEASED ON PAROLE . ANY RECOMMENDATION9
REGARDING TREATMENT WHILE INCARCERATED MUST IDENTIFY THE10
DEPARTMENT TREATMENT WAITING LIST AND WHEN THE TREATMENT11
WOULD BE AVAILABLE . THE MAXIMUM REVOCATION IS FOR THE12
MANDATORY PAROLE TIME PERIOD AS PROVIDED IN SECTION 18-1.3-40113
(1)(a)(V.5)(A)
FOR THE UNDERLYING FELONY WITH A REVIEW AT LEAST14
EVERY YEAR FOR REPAROLE BY THE PAROLE BOARD . The15
recommendations shall
MUST be based on the criteria established by the16
management board pursuant to section 18-1.3-1009. If the parole board17
revokes the sex offender's parole, the sex offender shall continue to be IS18
subject to the provisions of this part 10. P
AROLE MAY BE SUBSEQUENTLY19
REVOKED AGAIN FOR AN ADDITIONAL PERIOD AS PROVIDED IN SECTION20
18-1.3-401(1)(a)(V.5)(A)
FOR THE UNDERLYING FELONY FOR A VIOLATION21
OF A PAROLE CONDITION.22
(2) (a) A sex offender sentenced to probation pursuant to section23
18-1.3-1004 (2) is subject to arrest and revocation of probation as24
provided in sections 16-11-205 and 16-11-206. C.R.S.
At any revocation25
proceeding, the sex offender's probation officer and the sex offender's26
treatment provider shall submit recommendations concerning the level of27
SB24-118
-15- treatment and monitoring that should be imposed as a condition of1
probation if probation is not revoked or whether the sex offender poses2
a sufficient threat to the community that probation should be revoked.3
The recommendations shall MUST be based on the criteria established by4
the management board pursuant to section 18-1.3-1009. If the court5
revokes the sex offender's probation, the court shall sentence the sex6
offender as provided in section 18-1.3-1004, and the sex offender shall7
be IS subject to the SUPERVISION provisions of this part 10.8
SECTION 8. In Colorado Revised Statutes, 17-22.5-403, amend9
(2)(a), (2)(b), and (7)(b) as follows:10
17-22.5-403. Parole eligibility. (2) (a) Notwithstanding11
subsection (1) of this section, any person convicted and sentenced for12
second degree murder; first degree assault; first degree kidnapping, unless13
the first degree kidnapping is a class 1 felony; first or second degree14
sexual assault; first degree arson; first degree burglary; or aggravated15
robbery, committed on or after June 7, 1990, and before July 1, 2004,16
which AND THE person has previously been convicted of a crime which17
THAT would have been a crime of violence as defined in section18
18-1.3-406, C.R.S. shall be AND A PERSON SENTENCED TO A DETERMINATE19
TERM OF IMPRISONMENT PURSUANT TO SECTION 18-1.3-1004 FOR A CRIME20
COMMITTED ON OR AFTER OCTOBER 1, 2024, IS eligible for parole after21
such THE person has served seventy-five percent of the sentence imposed22
upon such THE person, less any time authorized for earned time granted23
pursuant to section 17-22.5-405.24
(b) The provisions of paragraph (a) of this subsection (2) shall not25
S
UBSECTION (2)(a) OF THIS SECTION DOES NOT apply to persons
A PERSON26
sentenced pursuant to part 10 of article 1.3 of title 18 C.R.S. PRIOR TO27
SB24-118
-16- OCTOBER 1, 2024, OR TO A PERSON SENTENCED PURSUANT TO SECTION1
18-1.3-1004 (1)(e).2
(7) (b) (I) Notwithstanding the provisions of paragraph (a) of this3
subsection (7) SUBSECTION (7)(a) OF THIS SECTION, for any sex offender,4
as defined in section 18-1.3-1003 (4), C.R.S., who is sentenced pursuant5
to the provisions of part 10 of article 1.3 of title 18 C.R.S., for6
commission of a sex offense committed on or after November 1, 1998,7
the state board of parole shall determine whether or not to grant parole as8
provided in section 18-1.3-1006. C.R.S. If the state board of parole9
determines that placing a sex offender on parole is appropriate, it shall set10
an indeterminate period of parole as provided in section 18-1.3-1006.11
C.R.S.12
(II) I
F A SEX OFFENDER IS ASSESSED TO RECEIVE SEX OFFENDER13
TREATMENT PURSUANT TO SECTION 16-11.7-105, UNLESS THE SEX14
OFFENDER IS ASSESSED AS HIGH RISK OF SEXUAL RECIDIVISM BY THE15
DEPARTMENT, THE PAROLE BOARD SHALL ORDER THAT THE SEX OFFENDER16
RECEIVE ANY RECOMMENDED TREATMENT IN THE COMMUNITY PHASE OF17
THE SEX OFFENDER'S SENTENCE, AND THE PAROLE BOARD SHALL NOT DENY18
PAROLE TO THE SEX OFFENDER AS A PUBLIC SAFETY RISK FOR FAILURE TO19
START TREATMENT WHILE INCARCERATED IN THE DEPARTMENT .20
SECTION 9. In Colorado Revised Statutes, 17-22.5-404, amend21
(4)(a)(IV) and (4)(c)(II) as follows:22
17-22.5-404. Parole guidelines - definition. (4) (a) In23
considering offenders for parole, the state board of parole shall consider24
the totality of the circumstances, which include, but need not be limited25
to, the following factors:26
(IV) The offender's program or treatment participation and27
SB24-118
-17- progress, SUBJECT TO SUBSECTION (4)(c)(II) OF THIS SECTION;1
(c) (II) The administrative release guideline instrument shall MUST2
not be used in considering those inmates classified as sex offenders with3
indeterminate sentences for whom the sex offender management board4
pursuant to section 18-1.3-1009, C.R.S., has established separate and5
distinct release guidelines. The sex offender management board in6
collaboration with the department of corrections, the judicial department,7
the division of criminal justice in the department of public safety, and the8
state board of parole shall develop a specific sex offender release9
guideline instrument for use by the state board of parole for those inmates10
classified as sex offenders with determinate sentences WHOSE ELIGIBILITY11
FOR PAROLE RELEASE WITH RESPECT TO RECOMMENDED TREATMENT IS AS12
PROVIDED IN SECTIONS 16-11.7-105 AND 18-1.3-1006.13
SECTION 10. In Colorado Revised Statutes, 18-3-415.5, repeal14
(5)(b) as follows:15
18-3-415.5. Testing persons charged with certain sexual16
offenses for serious sexually transmitted infections - mandatory17
sentencing. (5) (b) If the court determines that the person tested pursuant18
to subsection (2) of this section had notice of the HIV infection prior to19
the date the offense was committed and the infectious agent of the HIV20
infection was in fact transmitted, the judge shall sentence the person to a21
mandatory term of incarceration of at least the upper limit of the22
presumptive range for the level of offense committed, up to the remainder23
of the person's natural life, as provided in section 18-1.3-1004.24
SECTION 11. Effective date - applicability. This act takes25
effect October 1, 2024, and applies to offenses committed on or after said26
date.27
SB24-118
-18- SECTION 12. Safety clause. The general assembly finds,1
determines, and declares that this act is necessary for the immediate2
preservation of the public peace, health, or safety or for appropriations for3
the support and maintenance of the departments of the state and state4
institutions.5
SB24-118
-19-